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HomeMy WebLinkAboutCC 2012-09-13 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, September 13, 2012 9:00 AM REGULAR City Hall Commission Chambers City Commission Tomas Regalado, Mayor Francis Suarez, Chairman Marc David Sarnoff, Vice -Chairman Wifredo (Willy) Gort, Commissioner District One Frank Carollo, Commissioner District Three Michelle Spence -Jones, Commissioner District Five Johnny Martinez, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes September 13, 2012 CONTENTS Present: Commissioner Gort, Vice Chair Sarnof3", Commissioner Carollo, Chair Suarez and Commissioner Spence -Jones PR - PRESENTATIONS AND PROCLAMATIONS AM -APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCE FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEM 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 10/9/2012 City Commission Meeting Minutes September 13, 2012 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE On the 13th day of September 2012, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Suarez at 9:00 a.m., recessed at 12: 00 p.m., reconvened at 2: 00 p.m, recessed at 2: 01p.m., reconvened at 2:13 p.m., recessed at 4:13 p.m., reconvened at 5:30 p.m., and adjourned at 5: 34 p.m. Note for the Record: Commissioner Gort entered the Commission chambers at 9: 03 a.m., and Commissioner Carollo entered the Commission chambers at 9:12 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Priscilla A. Thompson, CMC, City Clerk Chair Suarez: Good morning, ladies and gentlemen. It's been a while since we've gotten together. Welcome to the September 13, 2012 meeting of the City ofMiami Commission in these historic chambers. The members of the City Commission are Marc David Sarnoff, the Vice Chair, Frank Carollo, W fredo "Willy" Gort, Michelle Spence -Jones, and myself, Francis Suarez, the Chairman, and the Mayor, who's -- just saw him in the audience a second ago -- Tomas P. Regalado. 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 a pledge of allegiance led by the Vice Chairman. Please rise. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 12-00994 PRESENTATION Honoree Presenter Protocol Item Sailors Vice Chair Sarnoff Commendation Daniel Muelhaupt Frank Palacios James Sauers Jose & Bianka Alvarez Commissioner Gort Commendation Allapattah NET Staff Commissioner Gort Certificates of Appreciation 12-00994 Protocol Item.pdf PRESENTED 1) Vice Chair Sarnoff presented a Commendation to Dinner Key Marina employees James Sauers, Daniel Muelhaupt, and Frank Palacios, in tribute for their inspiring sense of duty and self sacrifice as they risked their own lives on June 14th in the waters near the Dinner Key Marina to rescue others that were caught by surprise by a particularly intense summer storm. 2) Commissioner Gort presented a Certificate of Appreciation to the employees of the Allapattah Neighborhood Enhancement Team (NET) Administration Office, for their dedication to improving the lifestyle of our citizens through their critical assistance with the overall City ofMiami Page 3 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 coordination of the needs of residents in the Allapattah neighborhood. 3) Commissioner Spence -Jones acknowledged the City Manager and City Staff for their leadership and efforts during Tropical Storm Isaac. 4) Commissioner Gort paid tribute to Jose and Bianka Alvarez, as leaders of South Florida who have made valuable contributions to the Dominican community; further recognizing their outstanding record in community service, voter registration and overall civic and cultural leadership. Chair Suarez: We now move on to the presentations and proclamations. Presentations made. [Later..] Chair Suarez: Commissioner Gort. Commissioner Gort: Can make a presentation now? They're here. Chair Suarez: Of course, yes. We're going to take a brief -- before we go to the CA (Consent Agenda) items, there was a protocol item that the Commissioner wanted to present that he was unable to because the people were not here at the moment and they're here now. So he'd like to take a moment to make that presentation. Presentation made. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones MAYORAL VETOES Chair Suarez: We will now proceed with the approval of the minutes from the regular meeting of July 12, 2012 and the Planning and Zoning meeting of July 26, 2012. Is there a motion? Commissioner Spence -Jones: So moved. Commissioner Carollo: Second. Chair Suarez: Moved by Commissioner Spence -Jones, second by Commissioner Carollo. All in favor, signift by saying iiye. " The Commission (Collectively): Aye. END OF APPROVING MINUTES NO MAYORAL VETOES City of Miami Page 4 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 ORDER OF THE DAY Chair Suarez: Madam Clerk, are there any mayoral vetoes to report at this time? Priscilla A. Thompson (City Clerk): No, sir, there are none. Chair Suarez: Thank you. Chair Suarez: We will now begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting. Julie O. Bru (City Attorney): Good morning, Mr. Chair, members of the Commission, Mr. Manager, Madam City Clerk, and members of the public. Any person who's a lobbyist must register with the City Clerk before appearing before the City Commission. Mariano, please be quiet. Mariano, please be quiet. A copy of the Code section about lobbyists is available in the City Clerk's office. Mariano, decorum. Anybody who becomes unruly in Commission chambers or does not behave will be banned from further attending meetings. The material for each item on the agenda is available during business hours at the City Clerk's office and online at www.miamigov.com. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. Please, no cell phone or other noise -making devices. Any person -- I said that already. Any person with a disability requiring auxiliary aids or services for this meeting, please notify the City Clerk. Chair Suarez: Thank you, Madam Attorney. Ms. Bru: Thank you. [Later..] Chair Suarez: We will now proceed with the order of the day. Does any Commissioner wish to defer, continue, or withdraw any items from the regular agenda or the consent agenda? I guess I should let the Administration start first. I don't know why I have it usually as Commissioners going first, but usually we let the Administration go first and then if the Commissioners want to add anything to it, we'll supplement it. Mr. Manager. Johnny Martinez (City Manager): Yes, Mr. Chair. CA.1, we need to pull from the consent agenda. Chair Suarez: You want to pull it from the consent for discussion? Mr. Martinez: Yes, for discussion. Chair Suarez: Okay. Mr. Martinez: For an amendment. Chair Suarez: Okay. Mr. Martinez: PH.1, defer to September 27. Commissioner Gort: Which one? Chair Suarez: PH.1. City of Miami Page 5 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Mr. Martinez: PH.1. PH.1. Commissioner Gort: PH.1. Chair Suarez: So defer to the next Commission meeting. Mr. Martinez: Yes, sir. RE.3, defer to October 25. RE.16 -- Commissioner Spence -Jones: One second, please. RE.3? Mr. Martinez: Yes. RE.3, defer to October 25; RE.16, continue to October 11; andDl2, continue to October 11. Chair Suarez: DI -- Mr. Martinez: 2. Chair Suarez: I don't see a DI.2. Mr. Martinez: The ticket policy. Chair Suarez: DI 1. I have it as DI 2. Mr. Martinez: DI. 1. Chair Suarez: Okay. What did you want to continue that one to? I'm sorry. Mr. Martinez: October 11. Chair Suarez: Okay. Is there any other -- Commissioner Gort: Yes. Chair Suarez: -- items? Commissioner Gort. Commissioner Gort: I'd like to -- CA.4. Chair Suarez: You'd like to pull CA. 4? Commissioner Gort: Uh-huh. Chair Suarez: Okay. Commissioner Gort: And RE.25. Chair Suarez: And RE.25, you'd like to see that deferred until? Commissioner Gort: Deferred. We're not ready for it. Chair Suarez: We're not ready for it. Commissioner Spence -Jones: So CA.5 is going to be --? Commissioner Gort: No. City of Miami Page 6 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Chair Suarez: You want to withdraw it and --? Commissioner Gort: RE.5 [sic]. Withdraw RE.5 [sic]. Chair Suarez: You want to withdraw it? Commissioner Gort: Yes. Chair Suarez: Okay. Vice Chair Sarnoff RE.5 or 25? Commissioner Gort: 25. Chair Suarez: No, 25. Commissioner Gort: I'm sorry, 25. Vice Chair Sarnoff 25. Chair Suarez: RE.25 -- Commissioner Spence -Jones: CA (Consent Agenda) -- Chair Suarez: -- withdrawn. Commissioner Spence -Jones: Okay, CA.5, you want to hear though, right? Commissioner Gort: CA.4. Chair Suarez: CA.4 is pulling for discussion. I got it. I got it. Commissioner Gort: Discussion. For discussion. Chair Suarez: Okay. So is there -- did you want me to repeat all the continuances, deferrals, and withdrawals? Commissioner Carollo: Please. Chair Suarez: Okay. All right. Madam Clerk, just make sure that -- the way that announce it is correct. We're going to pull CA.1 and CA.4 from the consent agenda for discussion. Defer PH.1. I'm assuming you have the date that that needs to be deferred to? Priscilla A. Thompson (City Clerk): 9/27/12. Chair Suarez: Correct. Defer RE.3. I believe that was an October meeting. Ms. Thompson: 10/25/12. Chair Suarez: Correct. Continue RE.16. Ms. Thompson: 10/11/12. Chair Suarez: Correct. And withdraw RE. 25. City of Miami Page 7 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Ms. Thompson: Correct. Chair Suarez: And continue DI 1. Ms. Thompson: 10/11/12. Chair Suarez: We're going to miss you. Ms. Thompson: Thank you. Chair Suarez: Is there a motion? Ms. Bru: Mr. Chair. Vice Chair Sarnoff Well -- Chair Suarez: Yes. Ms. Bru: I also wanted to have RE.7 continued, because we need to further review that indemnification agreement from the County. Chair Suarez: Okay. So RE. 7, continued till October 11? Ms. Thompson: Yes. Ms. Bru: That's fine. Chair Suarez: Okay. Is there a motion? Vice Chair Sarnoff I have one more. Chair Suarez: Yes. I'm sorry. No, go ahead. Vice Chair Sarnoff That's okay. Andl don't -- I'm trying to find the number andl don't see it, so if somebody knows it or can help me. I'm trying to defer the issue regarding the James L. Knight Center. Mr. Martinez: RE.1. Chair Suarez: Yes. Mr. Martinez: RE.1 it is. Vice Chair Sarnoff RE.1. Chair Suarez: Okay, I'm sorry. RE.1, that will be deferred till when? Vice Chair Sarnoff Just next Commission meeting. Chair Suarez: Okay, deferral to September 27. Commissioner Spence -Jones: And Mr. Chairman, I do also want to also ask for RE.19 to also be deferred to the next City Commission meeting as well. Chair Suarez: Okay, so RE.19 -- we have to defer RE.18 as well if we're going to defer RE.19 City of Miami Page 8 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 'cause they're companions. Commissioner Spence -Jones: Not necessarily we don't. Chair Suarez: No, not -- Commissioner Spence -Jones: No. Chair Suarez: No, we don't? Okay, just RE.19? Okay, so RE.19, defer until September 27? Commissioner Spence -Jones: Yes. Chair Suarez: Okay. Vice Chair Sarnoff. Well, can we discuss RE.19 as opposed to just deferring it in chief? Commissioner Spence -Jones: Well, I would like to do the same thing with SMG too. I would just -- I know that our common courtesy on the dais is if any Commissioner needs more time -- that's why I just said let me just go ahead and defer the item, 'cause I do need more time on 19. Vice Chair Sarnoff. Well, the only thing with 19, it's been deferred four times. Commissioner Spence -Jones: I understand, but there -- also, the agreement has changed a lot of times as well. So I just got a lot of that information late in the afternoon yesterday, around 4 or 5 o'clock, so I would like to have a little bit more time to go through it. Vice Chair Sarnoff. Can we not put it as part of a general deferral and debate it? Commissioner Spence -Jones: I don't -- I just think that we have a common courtesy on the dais. If we ask for a deferral, we always respect it. I personally, like for instance, on SMG and the Knight Center, that's something we've been working on for a very long time, and quite frankly, I feel like it's something that we shouldn't necessarily defer because there's a time frame in which we need to move on it, but I'm respecting it based upon what the Administration briefed me on yesterday. I don't have a problem with doing the next Commission meeting. So I'm just asking that both of those items be deferred. Vice Chair Sarnoff. Well, I'm not trying to debate because I asked for one, you get one. Commissioner Spence -Jones: No, no, no. Vice Chair Sarnoff. This -- Commissioner Spence -Jones: It's not about asking -- you asking for one or me -- Vice Chair Sarnoff. I understand. Commissioner Spence -Jones: -- asking for one. I'm just saying that there's a common courtesy on the dais -- Vice Chair Sarnoff. I understand the common courtesy. However, this has been deferred four times. Commissioner Spence -Jones: I understand. Vice Chair Sarnoff. Andl don't -- my concern is, I don't know that the person behind this will City of Miami Page 9 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 see it as us just extending ourselves common courtesies. And since I'm not aware of a plan B and the Olympia will simply close, I'm not so sure that I'm so -- I don't want to use the word nonaccommodating 'cause I do want to accommodate everything that you want. However, I don't want to act like a courtesy filled Commissioner and find out that there no longer is a management agreement and there no longer is an Olympia Theater, and it happened on my watch. Commissioner Spence -Jones: I understand. So if you don't mind, then can we talk about both of them then? Vice Chair Sarnoff I could tell you exactly what -- yeah. SMG, I'll tell you exactly what happened. Commissioner Spence -Jones: Okay. Vice Chair Sarnoff I -- Commissioner Spence -Jones: Well, let's just keep it on the agenda. Vice Chair Sarnoff Keep it on the agenda. Commissioner Spence -Jones: Let's just keep both of them on the agenda so we -- Vice Chair Sarnoff That's fine. Commissioner Spence -Jones: -- can have -- Chair Suarez: Okay. Commissioner Spence -Jones: -- you know, go through all of them. Vice Chair Sarnoff That's fine. Commissioner Spence -Jones: But I do want you to understand what my issue is really fast on the Gusman, just so you know. Vice Chair Sarnoff No. I -- and I -- Commissioner Spence -Jones: It was really about the affordability period. That was it. That was the only issue I had on that. Vice Chair Sarnoff I got you. And let's -- I -- just saying, I think we should debate it. I think we should talk about it. Chair Suarez: And think there's a solution to that, by the way. Vice Chair Sarnoff I do too. Chair Suarez: So -- I mean -- Commissioner Spence -Jones: So we'll -- Chair Suarez: -- so it's up to you guys. Commissioner Spence -Jones: -- hear both of them, SMG and -- City of Miami Page 10 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Chair Suarez: Okay. Vice Chair Sarnoff That's fine. Commissioner Spence -Jones: Okay, great. Chair Suarez: Okay, so we are -- okay. I'm sorry, Madam Clerk. We haven't entertained a motion yet, but -- Ms. Thompson: No, we have not. Chair Suarez: -- just to clam, based on the conversations, RE (Resolution) -- the deferral of RE.1 and the deferral of RE.19 will not be a part of the motion that is to be made. Ms. Thompson: Correct. Chair Suarez: Okay. Is there a motion? Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, Mr. -- yes, Commissioner. Commissioner Carollo: To keep it clean, can the City -- Chair Suarez: You want me to reread that? Commissioner Carollo: -- Clerk -- could the City Clerk go through all the deferrals one more time? Chair Suarez: Absolutely. Madam Clerk, please. Ms. Thompson: Okay. We have CA.1 and CA. 4 are being pulled and placed on the regular agenda. Then I have PH.1 is deferred to 9/27/12. RE.3 is deferred to 10/25/12. RE.16 is continued to 10/11/12. DI. 1 is continued to 10/11/12. RE.25 has been withdrawn. RE.7 is continued to 10/11/12. RE.1 is not on the list now, so it will be discussed, as well as RE.19. Okay? Chair Suarez: What did you say with reference to RE.25, I'm sorry? Ms. Thompson: It's withdrawn. Chair Suarez: Okay, good. Ms. Thompson: Okay? Chair Suarez: Is there a motion? Commissioner Spence -Jones: So moved. Commissioner Gort: Move it. Chair Suarez: Moved by Commissioner Spence -Jones, second by Commissioner Gort. All in favor, signifi, by saying iiye. " City of Miami Page 11 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 The Commission (Collectively): Aye. [Later...] Commissioner Carollo: And by the way -- ifI may, a point of privilege? Chair Suarez: Yes. Commissioner Carollo: With regards to the rest of the day, I want to have some clarity and also for planning purposes with regards to our timing. Are we take -- are we having lunch at 12 o'clock? Chair Suarez: I think we have a time certain request for, if I'm not mistaken, the Omni CRA, if that's correct. That was my understanding. Commissioner Carollo: At what time? Ms. Thompson: Actually -- Chair Suarez: At -- yes. Ms. Thompson: Chair, you have two CRA meetings scheduled for 12 o'clock and one for 5 o'clock. Chair Suarez: They were noticed, correct, for that time? Ms. Thompson: Correct. They were noticed for 12 o'clock -- Chair Suarez: Right. Ms. Thompson: -- or thereafter. Chair Suarez: So the two that are for 12I believe are Omni and Midtown. Is that correct? Ms. Thompson: Yes, sir. Chair Suarez: Okay. And then we're going to have to take lunch after that, obviously, because we're going to need time for that. Commissioner Gort: Yeah. Omni and Midtown, 12. Chair Suarez: We have Omni and Midtown at 12, yeah. Commissioner Gort: Overtown at 5. Chair Suarez: That was noticed by the -- by those -- Commissioner Carollo: So we are not having our schedually [sic] -- as per our Charter, lunch at 12 o' clock? Chair Suarez: As per our ordinance, you mean? Commissioner Carollo: Yes. Chair Suarez: Yeah. We're -- we can recess this meeting at 12, but there is another meeting, City of Miami Page 12 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 which is a different entity, which is Omni, that will begin at 12. Ms. Thompson: Or thereafter. Chair Suarez: Right, or thereafter. We can do it sometime after. Commissioner Carollo: Or thereafter. Commissioner Spence -Jones: Can I ask a question? Chair Suarez: Of course, please do. Commissioner Spence -Jones: And I'm sure Commissioner Carollo is saying 12 o'clock because it seems as though he's -- there's going to be much discussion on the Omni's budget. So if that is the case -- Chair Suarez: We can do it later. We have to do it no earlier than 12, correct? Ms. Thompson: That is correct. Commissioner Spence -Jones: I just -- I do have a 12 o'clock -- I'm sorry; I just didn't -- I'm -- I don't have a issue with the Omni budget so -- but I know there's going to be discussion on it. Chair Suarez: Right. Commissioner Spence -Jones: So I just would hate for it to run over -- too much over. Chair Suarez: Yeah. Commissioner Spence -Jones: So is there any way we can move it? I mean, I have one to two suggestions on it, but they're not big things. But I do know that there'll probably be more discussions from other Commissioners sitting up here, so I would suggest that we maybe deal with it later on just so that you're questions are answered and we're not here for an hour and a half lunch. Commissioner Carollo: That's exactly -- Chair Suarez: Yeah. Commissioner Carollo: -- my point. I want -- I just want to know -- Chair Suarez: Organize the day. Commissioner Carollo: Organize the day -- Commissioner Spence -Jones: Andl got to use the bathroom. Commissioner Carollo: -- and plan ahead. Vice Chair Sarnoff. Well, the only thing I ask is -- I am going to be with the Miami Dolphins between 4 and 5:15 this afternoon. Commissioner Spence -Jones: You're what now? Chair Suarez: He has something -- City of Miami Page 13 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Vice Chair Sarnoff. With the Miami Dolphins. Hopefully -- Mr. Martinez: Cheerleaders? Vice Chair Sarnoff. On a charitable basis. No -- Commissioner Spence -Jones: Oh, okay. Vice Chair Sarnoff. -- they will not be using me as their quarterback or as their running back. Trust me, they -- Chair Suarez: Thankfully. Vice Chair Sarnoff. -- don't want no Jewish boy out there running -- Mr. Martinez: Or cheerleader. Vice Chair Sarnoff. -- around like that. Commissioner Spence -Jones: Hopefully, you're going to be trying to get them to come to the City ofMiami. Is that what it is? Chair Suarez: Yeah, that's it. Vice Chair Sarnoff. That's it. Chair Suarez: That's it. Vice Chair Sarnoff. We're getting them -- they're going to be playing in Marlins stadium since the Marlins -- Chair Suarez: Right. Vice Chair Sarnoff. -- obviously aren't showing up. No disrespect. But I'm just asking if we could be sensitive to maybe an hour --? We're going to need the time. We're going to need some breaks before budget and -- If you want to do the CRAs after that, just understand the mood we'll be in, understand where we'll be, how we'll feel. Chair Suarez: No. I think we should try to do it between 2 and 4 -- Vice Chair Sarnoff. Right. Chair Suarez: -- before you leave, andl think that should be okay. Commissioner Carollo: I don't have a problem. All want to know is -- Chair Suarez: Yeah, what the timing's going to be. Commissioner Carollo: -- what the time is going to be so I can plan accordingly. Chair Suarez: Yeah. So we'll do this, we'll recess at 12 like we normally do. We'll come back at 2 like we normally do. We have a time certain item that we notified you all of which I think there's going to be some discussion as to whether or not it will be deferred, which is based on our morning discussion, which is the Gusman item. And then after the Gusman item, we'll do that, City ofMiami Page 14 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 then we'll do the tabled item that was just tabled. Commissioner Carollo: Okay. And then from 4 to 5 is -- I think -- Vice Chair Sarnoff 5:15, I hope. Commissioner Carollo: So from 4 to 5:15 (UNINTELLIGIBLE), more or less, we'll recess -- Chair Suarez: Right. Commissioner Carollo: -- and then we'll come back for the beginning of the budget meetings. Chair Suarez: Got it. Commissioner Carollo: That -- and l just want to -- Vice Chair Sarnoff That's a good -- no, you're right. Commissioner Carollo: Okay. Chair Suarez: Yeah. Vice Chair Sarnoff We should schedule ourselves so we know what our day looks like 'cause -- Commissioner Carollo: Right. I just want to plan the day so I know -- Vice Chair Sarnoff Don't count on anything before 11 o'clock, all right, tonight? Chair Suarez: And by the way, we have a -- we still have a lot of work to do, so we got to figure out -- Vice Chair Sarnoff Right. Chair Suarez: -- how to get through it all too. Vice Chair Sarnoff Agree, agree. Chair Suarez: All right. [Later..] Commissioner Spence -Jones: Are we doing appointments, Mr. Chair? Chair Suarez: Yep. Let's do it, BCs (Boards and Committees). Vice Chair Sarnoff What are we doing? Commissioner Carollo: Appointments. Commissioner Spence -Jones: I don't think have any. Chair Suarez: Do you want to --? Let me see if we can do it this way, Madam Clerk. Are you ready, Mr. Hannon? Okay. You have highlight -- you've given me a -- provided something that's highlighted, meaning, I guess those are boards where names have been proffered -- City of Miami Page 15 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Todd Hannon (Assistant City Clerk): Yes, sir. Chair Suarez: -- and/or appointments need to be made. Mr. Hannon: Yes, sir. Chair Suarez: Okay. That is BC.5, Equal Opportunity Advisory Board; BC. 7, General Employees and Sanitation Employees Retirement Trust; BC.9, Homeland Defense/Neighborhood Improvement Bond Program Oversight Board; and BC.12, Parks and Recreation Advisory Board. Mr. Hannon: Yes, sir. Chair Suarez: Is there any recommendations -- does any Commissioner have any appointments other than those boards? Commissioner Spence -Jones: I have a few, but you -- Chair Suarez: Oh, you do? Commissioner Spence -Jones: -- kind of confused me with you -- Chair Suarez: Sony. Commissioner Spence -Jones: You just named a whole bunch of boards. Chair Suarez: Yeah. No, that's -- those are the boards that he had said that there were people that wanted to make appointments. Let's just go one by one. Commissioner Carollo: And Mr. Chairman, I'm sorry. Chair Suarez: Yeah. Commissioner Carollo: I don't see Bayside Foundation here. Mr. Hannon: We were not notified of a nomination for that board, but you can make one today. That's not a problem. Chair Suarez: Okay. Let's just go one by one. And then at the end, let's do Bayside Foundation. Let's add that to the list 'cause I think the Commissioner has -- Commissioner Spence -Jones: I mean, do y'all -- we all have nominations on that board? Mr. Hannon: No, ma'am. There's only one open seat on the Bayside Foundation and that would be for Commissioner Carollo. Commissioner Spence -Jones: Okay. Can I ask this question so I'm clear on that board itself? Who's my designated person? It must be Bill Diggs. Mr. Hannon: One moment. Commissioner Spence -Jones: That was done by Richard Dunn. It must have been. Mr. Hannon: Yes, ma'am. It's Ms. Beatriz Loussaint. City of Miami Page 16 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Commissioner Spence -Jones: Okay. Well, who appointed Bill Diggs? Mr. Hannon: A Bill Diggs? Give me one moment. Commissioner Spence -Jones: He's on that board. Chair Suarez: Bill Gates? Commissioner Spence -Jones: Yeah. Is that the Bayside Foundation? Right. He's on that board. Vice Chair Sarnoff I think he is. Chair Suarez: Oh, I thought you said Bill Gates. Commissioner Gort: No, no. Vice Chair Sarnoff No, Bill Diggs, president of the -- Commissioner Gort: Is that Bayside or Bayfront Park? Commissioner Spence -Jones: I wish he was. Vice Chair Sarnoff -- Miami Chamber of Commerce. Ms. Thompson: He may be on the board, Commissioner, but it may not be from the City of Miami, understanding that the Bayside merchants and the corporation have their own appointments -- Commissioner Spence -Jones: Appointees. Ms. Thompson: -- as well. So we don't -- we have five and he may -- while he sits, he may not be one of ours. Mr. Hannon: He's not. Commissioner Spence -Jones: Has Beatriz been very involved? I mean, I love her, but has she been very involved? Mr. Hannon: They don't submit attendance reports to us, but I could inquire, you know, with the liaison for that board. Commissioner Spence -Jones: Yeah. I would definitely like -- I would like to know. Mr. Hannon: Yes, ma'am. I'll certainly inquire. Commissioner Carollo: And Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: I want to be able to defer all my appointments except for the Miami Bayside Foundation. Chair Suarez: Gotcha. Commissioner Carollo: So can I just make that appointment? City of Miami Page 17 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Mr. Hannon: If the Commissioners have no appointments that they would like to make, then we could do one motion at the end just to continue all those appointments that weren't addressed, but I do have a few items that I would like the Commission to hear. Chair Suarez: Okay. [Later..] Chair Suarez: Do we need a motion to defer all the other items? Mr. Hannon: Yes, sir. Chair Suarez: Is there a motion to defer -- Commissioner Gort: Move it. Chair Suarez: -- all the remaining items? Moved by Commissioner Gort. Is there a second? Vice Chair Sarnofff. Second. Commissioner Spence -Jones: Second. Chair Suarez: Second by the Vice Chair. All in favor, signifi, by saying aye.' The Commission (Collectively): Aye. [Later..] Chair Suarez: Okay, we'll be in recess until 5:15. Do you need 5:30? Would that be better? Commissioner Spence -Jones: Are we can -- Vice Chair Sarnofff. Five -thirty's -- Chair Suarez: Five -thirty. Commissioner Spence -Jones: Guys, re we cancelling all of our personal items? We're not talking about those today, right? So we're deferring them to the next meeting? 'Cause I know you had one. Chair Suarez: Yeah, yeah. You know what, I can defer mine 'cause mine's about the financial condition of the City. But I think given the labor situation what we're in, I think can wait. Commissioner Spence -Jones: So 5:30? Chair Suarez: I can wait another meeting. Yeah, 5:30. [Later..] Ms. Thompson: Now, sir, just wanting to make sure -- Chair Suarez: Yes. Ms. Thompson: -- because we recessed the meeting, I think there were some comments made off City of Miami Page 18 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 the mike that we need to clear up as far as our remaining items on our regular agenda, meaning your district items. Chair Suarez: Yes. We had agreed before recessing that we were going to defer the district items at least until the next meeting, so that takes care of that. City of Miami Page 19 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 CA.1 12-00832 Department of Planning and Zoning CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RESPONSES RECEIVED JUNE 19, 2012, PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 320284, TO PROVIDE SPECIAL MASTER SERVICES FOR THE DEPARTMENT OF PLANNING, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS; APPOINTING TWO (2) PRE -QUALIFIED SPECIAL MASTERS, AS LISTED ALPHABETICALLY IN "EXHIBIT A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR AN INITIAL PERIOD OF TWO (2) YEARS, WITH OPTIONS TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING, IN ACCORDANCE WITH THE RFQ, THE ABILITY TO ADD QUALIFIED SPECIAL MASTERS TO THE CONTRACT WHEN DEEMED IN THE CITY OF MIAMI'S BEST INTEREST, SUBJECT TO CITY COMMISSION APPROVAL. 12-00832 Summary Form.pdf 12-00832 Award Recommendation Form.pdf 12-00832 Darcee S. Siegel Resume.pdf 12-00832 Jack R. Blumenfeld Resume.pdf 12-00832 Legislation.pdf 12-00832 Exhibit 1- 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-12-0294 Chair Suarez: All right, CA.1. Anel Rodriguez (Administrative Assistant II): Good morning, Mr. Chair, fellow Commissioners. CA.1 -- well, Anel Rodriguez, City ofMiami, Planning & Zoning Department, Hearing Boards section. CA.1 is a special master contract. Basically, the reason why it was pulled is because in your package, there were two names that were added. But as of yesterday, there was an additional name that has been added, which was why it's been amended today, andl have the name here for you. Chair Suarez: Thank you. Is there a motion, as amended? Vice Chair Sarnoff So moved. Chair Suarez: Moved by the Vice Chair. Is there a second? Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. Do you have anything else to add? City ofMiami Page 20 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Mr. Rodriguez: Yes. Just for the record, the additional name is Mr. Juan Carlos Cura. Chair Suarez: Okay. Thank you. As amended then. There's a motion and a second. All in favor, signift by saying iiye. " The Commission (Collectively): Aye. Chair Suarez: Unanimously. CA.2 RESOLUTION 12-00883 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW SOUTH FLORIDA MONEY LAUNDERING STRIKE FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE MIAMI-DADE STATE ATTORNEY'S OFFICE AND OTHER LAW ENFORCEMENT PARTICIPATING AGENCIES, PURSUANT TO RESOLUTION NO. 09-0490, ADOPTED OCTOBER 22, 2009, TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ENSURE PUBLIC SAFETY AND ADEQUATELY RESPOND TO INTENSIVE SITUATIONS, INCLUDING, BUT NOT LIMITED TO NATURAL AND MANMADE DISASTERS OR EMERGENCIES AS DEFINED IN PART 1, CHAPTER 23, OF THE FLORIDA STATUTES. 12-00883 Summary Form.pdf 12-00883 Legislation.pdf 12-00883 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0292 CA.3 RESOLUTION 12-00921 District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION RECOGNIZING AND Commissioner DECLARING THAT FREEDOM FROM DOMESTIC VIOLENCE IS A Wifredo (Willy) Gort FUNDAMENTAL HUMAN RIGHT. 12-00921 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0293 Adopted the Consent Agenda Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: City of Miami Page 21 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones CA.4 12-00901 Department of Parks and Recreation RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "OUT OF SCHOOL TIME SNACK PROGRAM 2012-2013" AND ACCEPTING AND APPROPRIATING FUNDS, IN AN ESTIMATED AMOUNT NOT TO EXCEED $238,388.28, CONSISTING OF A REIMBURSEMENT GRANTAWARD RECEIVED FROM THE FLORIDA DEPARTMENT OF HEALTH, BUREAU OF CHILDREN NUTRITION PROGRAMS, ADMINISTERING FUNDS FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE CHILD AND ADULT CARE FOOD PROGRAM CDFA #10.558; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID REIMBURSEMENT GRANTAWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANTAWARD FOR THE CITY OF MIAMI'S OUT OF SCHOOL TIME SNACK PROGRAM FROM OCTOBER 2012 THROUGH SEPTEMBER 2013; AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE OPERATIONS OF THE PROGRAM, WITH SUCH AUTHORIZATION REMAINING VALID AND OUTSTANDING EVEN IF THE ANTICIPATED AWARD IS REDUCED OR INCREASED. 12-00901 Summary Form.pdf 12-00901 Snack Prgm. - 2010 & Proj. 2012-2013 Analysis.pdf 12-00901 Reimbursement Rates.pdf 12-00901 Email -Award Letter Needed.pdf 12-00901 Permanent Contract.pdf 12-00901 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-12-0295 Chair Suarez: CA.4. Commissioner Gort. Commissioner Gort: CA.4. Juan, I see this is a program that we have to feed, the programs at the parks and (UNINTELLIGIBLE) all kinds of different numbers. Could you explain the program, how you applied the fundings for those parks? Juan Pascual (Director, Parks & Recreation): Yes, sir. This is -- this particular item is for accepting and it's setting up the special award for the grant for our after -school snack program. It's called the Out of School Time Snack program. It's a federally funded program through the State. It's a reimbursable grant. In other words, it's -- we front the money, then we get reimbursed for that particular grant. And it provides after -school snacks at all our recreationally -staffed facilities throughout the City ofMiami. There is approximately 1,513 kids that are participating or at the top expected to participate in the program throughout our park system. Commissioner Gort: And the requirements to receive this assistance? City ofMiami Page 22 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Mr. Pascual: The require -- Commissioner Gort: Is there any specific requirement? Yes. Mr. Pascual: Well, our parks qualified based upon a formula that the feds provide, and it's based upon the schools that are the feeder pattern schools within a certain distance of our parks. So our entire parks system qualifies under those guidelines. And this is for youth or anyone that is disabled. So actually somebody not necessarily has to be registered in the after -school program, but a child from the neighborhood can also come and participate in that program. Commissioner Gort: Thank you. Chair Suarez: Thank you. Is there a motion? Commissioner Gort: Move it. Chair Suarez: Moved by Commissioner Gort. Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. Commissioner Carollo: Second, and for discussion. Chair Suarez: Sure. Go ahead, Commissioner. Commissioner Carollo: (UNINTET,TIGIBT,F) last part. So any neighborhood child can come and participate and actually receive some of these snacks? Mr. Pascual: Yes, just as our summer lunch. We cannot refuse any child from participating in the program, so they can actually come to the park at snack time and receive a snack. Commissioner Carollo: Now let me ask you something, because you have `X" amount of snacks. So what happens if -- let's say -- Mr. Pascual: Right. It's -- Commissioner Carollo: -- you have 10 snacks and 11 children come? Mr. Pascual: What we do is we provide the snacks to our kids that are already in our program first and then -- and we always order some additional snacks and then those snacks that are available on a first come, first served. Obviously, when we exhaust the number of snacks that we have available at that point, then we cannot provide anymore service. Commissioner Carollo: Got you. Thank you. Mr. Pascual: You're welcome. Chair Suarez: Thank you, Commissioner. There's a motion and a second. All in favor, sign by saying iiye. " The Commission (Collectively): Aye. CA.5 RESOLUTION City of Miami Page 23 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 12-00902 Department of Parks and Recreation A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE PROJECT FOR FISCAL YEAR 2012-2013 ENTITLED: "CHILD DAY CARE FOOD PROGRAM" AND ACCEPTING AND APPROPRIATING FUNDS, IN THE ESTIMATED NOT TO EXCEED AMOUNT OF $80,000, CONSISTING OF ENTITLEMENT FUNDING ON A REIMBURSEMENT BASIS FROM THE FLORIDA DEPARTMENT OF HEALTH, BUREAU OF CHILDREN NUTRITION PROGRAMS, CHILD CARE FOOD PROGRAM ADMINISTERING FUNDS FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE CHILD AND ADULT CARE FOOD PROGRAM CDFA #10.558; AUTHORIZING THE CITY MANAGER TO ACCEPT SUCH ENTITLEMENT FUNDING ON A REIMBURSEMENT BASIS AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANTAWARD FOR THE OPERATIONS OF AYEAR-ROUND FOOD SERVICE PROGRAM FOR PRESCHOOL AGED CHILDREN IN THE CITY OF MIAMI PARKS FROM OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2013, WITH CONDITIONS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE OPERATIONS OF THE PROGRAM, WITH SUCH AUTHORIZATION REMAINING VALID AND OUTSTANDING EVEN IF THE ANTICIPATED ENTITLEMENTAWARD IS REDUCED OR INCREASED. 12-00902 Summary Form.pdf 12-00902 Permanent Contract.pdf 12-00902 Legislation .pdf Motion by Commissioner Carollo, 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-12-0296 Chair Suarez: CA.5. Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you, Chairman Suarez. And could you elaborate, just like you did with CA.4, a little bit on CA.5? Juan Pascual (Director, Parks & Recreation): Yes, sir. CA.5 is, again, an extension of the continuation of a program that we have for our snacks, lunch, and food program, specifically for our pre-school daycare programs. We currently are only operating two facilities: One at Lemon City Park and one at Eaton Park. We had a third facility at Moore Park. That one we closed because that particular facility's going to undergo a reconstruction project and it won't be available. And it's the same basic criteria, very similar to our Out of School snacks program. It is federally funded through the State. It's a reimbursement grant. We front the money; we get reimbursed. Commissioner Carollo: And how are these parks chosen? Mr. Pascual: Well, our parks are not chosen. These have to meet state statutory requirements for daycare, which is different than our recreation programs. Typically, our recreation programs are for kids 6 and older. The preschool daycare for those 5 and younger have to meet some stringent requirements, staffing requirements, training requirements for our staff backgrounds and other licensures and training, as well as the facilities have to meet guidelines and criteria City of Miami Page 24 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 established under state statute for daycare facilities. Commissioner Carollo: Are there other parks in the City ofMiami that qualin, for this? Mr. Pascual: Not currently. Commissioner Carollo: Okay. I'm going to approve this item, but afterward, you know, in the next week or so, if you could follow up with my office so I could get the exact requirements and see if we could get more parks in the City ofMiami, especially in District 3, to get involved in this program. Mr. Pascual: Yes, sir, we will. Commissioner Carollo: Thank you. Chair Suarez: Thank you. Thank you, Commissioner. There is -- Commissioner Carollo: I moved CA.5. Commissioner Gort: Second. Chair Suarez: There's a motion by Commissioner Carollo and a second by Commissioner Gort. All in favor, signift, by saying aye." The Commission (Collectively): Aye. END OF CONSENT AGENDA Chair Suarez: Is there a motion on the remaining items of the consent agenda, 2, 3, and 5? Commissioner Gort: Move it. Commissioner Spence -Jones: Second. Chair Suarez: Moved by Commissioner Gort, second by Commissioner Spence -Jones. All in favor, signift, by saying iiye. " Commissioner Carollo: Mr. Chairman. Vice Chair Sarnoff Aye. Chair Suarez: Yes, yes, yes. Commissioner Carollo: Mr. Chairman, sorry. I thought that -- I actually thought that the CA.4 item that was pulled was CA.5, and see now that had a -- Chair Suarez: You want to pull CA.5 as well? Commissioner Carollo: I want to pull CA.5. Chair Suarez: Okay. Is there a motion on CA.2 and 3? Commissioner Carollo: I make a motion to -- Commissioner Spence -Jones: So move -- second. City ofMiami Page 25 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Commissioner Carollo: -- CA.2 and 3. Chair Suarez: Okay, there's a motion -- Vice Chair Sarnoff You need a rehearing? Chair Suarez: -- by Commissioner Carollo and second by Commissioner Spence -Jones. All in favor -- Vice Chair Sarnoff Wait, wait, wait, wait, wait. Priscilla A. Thompson (City Clerk): No, no. I just want to make sure. We already had the motion on the floor with Commissioner Gort/Commissioner Spence -Jones. Chair Suarez: Okay. Would you guys -- Commissioner Gort: Yes. Chair Suarez: -- rescind your motion on -- Commissioner Gort: Yes. Chair Suarez: -- that additional item, please? Thank you. Ms. Thompson: So that this motion is to consider, okay -- Chair Suarez: 2 and 3. Ms. Thompson: -- the approval of CA.2 and 3. Chair Suarez: Right, and that was moved by Commissioner Carollo and seconded by Commissioner Spence -Jones. All in favor, signift by saying aye." The Commission (Collectively): Aye. Ms. Thompson: Now, in this same section -- Chair Suarez: CA.1. Ms. Thompson: -- in the same section -- I'm sorry -- are you going to discuss CA.5 or --? Commissioner Carollo: Yes. Chair Suarez: We're going to -- Ms. Thompson: Okay. Chair Suarez: -- discuss CA.1, CA.4, and then CA.5. Ms. Thompson: Thank you. PUBLIC HEARINGS 9:00 A.M. City of Miami Page 26 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 PH.1 12-00666 Department of Community Development PH.2 12-00890 Department of Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER, AFTER CONSULTATION WITH THE COMMUNITY DEVELOPMENT DIRECTOR AND THE CITY ATTORNEY, TO EXECUTE DOCUMENTS IN CONNECTION WITH THE DEFEASANCE OF THE SECTION 108 LOAN FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, LOAN B-90-MC-12-0013, RELATING TO SOUTHEAST OVERTOWN PARK WEST, WITH A PRINCIPAL BALANCE OF $1,250,000, AND INTEREST PAYMENTS OF $30,875; FURTHER AUTHORIZING THE CITY MANAGER, AFTER CONSULTATION WITH THE COMMUNITY DEVELOPMENT DIRECTOR AND THE CITY ATTORNEY, TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID 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 Spence -Jones, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PH.1 was deferred to the September 27, 2012 Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF PROGRAM YEAR 2011-2012 EMERGENCY SOLUTIONS GRANT ADMINISTRATION FUNDS IN THE AMOUNT OF $9,000, TO CITRUS HEALTH NETWORK, INC. FOR ADMINISTRATION OF GRANT RELATED ACTIVITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 12-00890 Summary Form.pdf 12-00890 Notice to the Public.pdf 12-00890 Pre-Legislations.pdf 12-00890 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-12-0297 Chair Suarez: PH.2. George Mensah (Director, Community Development): Good morning, Commissioners. George Mensah, director of Community Development. PH.2 is a resolution allocating an amount of $9, 000 from Emergency Solutions grant funds to Citrus Health Network strictly for City of Miami Page 27 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 PH.3 12-00891 Department of Community Development administration. Chair Suarez: Thank you. Is -- this is a public hearing, PH.2. Anyone from the public wishing to speak on PH.2? Seeing none and hearing none, the public hearing on PH.2 is closed, coming back to the Commission. Is there a motion? Commissioner Spence -Jones: So moved. Commissioner Gort: Move it. Chair Suarez: Moved by Commissioner Gort, second by Commissioner Spence -Jones. All in favor, signift by saying iiye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CONVEYANCE, WITH PARCEL REVERTER PROVISIONS, OF THE CITY OF MIAMI OWNED PROPERTIES LOCATED AT 2525 NORTHWEST 34TH STREET, MIAMI, FLORIDA AND 1924 NORTHWEST26TH STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC., FOR THE PURPOSE OF DEVELOPMENT AND MANAGEMENT OF AFFORDABLE HOUSING FOR LOW TO MODERATE INCOME FAMILIES; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 12-00891 Summary Form.pdf 12-00891 Notice to the Public.pdf 12-00891 Pre-Legislations.pdf 12-00891 Letter - A. B. D.A. pdf 12-00891 Special Warranty Deeds.pdf 12-00891 Legislation.pdf 12-00891 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0298 Chair Suarez: PH.3. Alfredo Duran: Good morning, Commissioners. Alfredo Duran, deputy director of Community Development. This is a resolution approving the conveyance with parcel reverter provisions of City of Miami -owned properties, located at 2525 Northwest 34th Street and 1924 Northwest 26th Street, to Allapattah Business Development Authority, for the purpose of development and management of affordable housing to moderate- and low-income people. Chair Suarez: Thank you. This is also a public hearing item. Anyone wishing to speak on PH.3? City of Miami Page 28 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Commissioner Gort: Come forward. Chair Suarez: You're raising your hand. Are you -- do you want to speak? Unidentified Speaker: Yes, sir. Chair Suarez: You need to come to the podium, sir, please, both of you. Mr. Cruz, you're recognized. Two minutes. Mariano Cruz: Mariano Cruz, chairman of ABDA (Allapattah Business Development Authority) Chair Suarez: Good to see. It's been a while. Mr. Cruz: -- 801 Northwest 37th Avenue. Now, we move out of there, okay. But you know, I visit all these properties, and we are in favor of that, you know, because we have to keep the neighborhood. I remember a house in my block, 1285 Northwest 26th Street, was vacant there for a long time and that was bad for the neighborhood. First, the house was collecting just liens for the City and nothing else. These houses are being vacant for some time, and now we try to, you know, fix them and repair and then put them back in the tax rolls and then people will be living in them. Okay. Chair Suarez: Thank you, Mr. Cruz. Mr. Cruz: Thank you. Chair Suarez: Thank you. Sir. Raul Pedroso: Good morning, Commissioners. Chair Suarez: Good morning. Mr. Pedroso: Good morning, Commissioner Gort. I'm opposing this transfer of a property, and I'll make it very brief. First of all, my name is Raul Pedroso. I have lived in the City ofMiami since 1967 so I know everybody, andl know just about a lot of things. Chair Suarez: Mr. Pedroso, do you mind putting your address on the record as well, please. Mr. Pedroso: My item? Chair Suarez: Your address, your address. Mr. Pedroso: Oh, my address is 1463 Northwest 27th Street. Chair Suarez: Thank you. Mr. Pedroso: I am currently working with the Allapattah Neighborhood Association. This is a recent group that we formed in Allapattah to sort of deal with this disarray that we have in Allapattah. There's a lot of things that we need, but I'm not going to address that here. I am going to oppose what you're about to vote on here. And I'm just going to go through my notes, because it's going to go all over the place. So I'm opposed to this PH.3 because, according to the public records, ABDA is the owner of several undeveloped lots in Allapattah right now. So the -- if they were truly committed to the cause of building affordable housing, why not develop those lots before adding more lots to their portfolio? You know, they come here to ask the City City ofMiami Page 29 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 for freebies. Does that -- you know, does that make any sense? It doesn't make any sense to me. You know, I'm opposed to this property giveaway, because we are living in very tough economic times. And the way that this deal is being made is not transparent and it does not help the citizen ofMiami, especially the residents of Allapattah. This giveaway offers no opportunity to other individuals or organizations that have a capital to invest in Allapattah. This property could be auctioned to the highest bidder and produce revenues for the City, but instead, you have created this deal to give it away. This is double jeopardy. The City loses much -needed revenue to balance the budget; and the citizens, like myself, are excluded from participating in this giveaway. This is not equal opportunity. Can someone please explain how you arrive at this? A year ago -- Chair Suarez: Madam Clerk -- I'm sorry for interrupting you -- he said he was a president of a homeowners association. Mr. Pedroso: Vice president. Chair Suarez: Okay. We're going to give you an extra minute because it's -- usually, you're given two minutes for speakers. We're going to give you an additional minute. Mr. Pedroso: Thank you, sir. Chair Suarez: Okay. Mr. Pedroso: About a year ago I was on a campaign for -- actually, I put together a petition that was called Light Up Allapattah. And the idea was that Allapattah has been neglected for more than 40 years. As I said, I've been in Miami since 1967 so I know what Allapattah looked like in 1967. Andl went to ABDA's office to speak to Mr. Seijas, which I know as a cop when I was in junior high school, and Mr. -- this is what Mr. Seijas says to me: "You're wasting your time. Allapattah is going to be more of an industrial park than a residential area." This is very sad. I live in Allapattah. As a matter of fact, I moved -- the reason that I'm here now is because I moved to Allapattah six years ago. My parents passed away. They had a residence there. And Allapattah's a beautiful place. If you drive down 17th Avenue in Allapattah, you will find that Allapattah has what every little community in the City ofMiami is looking for: narrow streets, slow traffic, beautiful landscape that is poorly maintained, awful lighting. I met with the Mayor. I met with Mr. Gort, and they gave me all kinds of promises. I ran away. They put me away, and you know how that's done here in the City ofMiami. So with all that, I'm not going to take any more time. Chair Suarez: Thank you, sir. Mr. Pedroso: I really thank you for your time. Chair Suarez: Thank you. Mr. Pedroso: But what I'm asking here is for this Commission to consider this giveaway. I love Allapattah, andl trust that you guys are here to -- Chair Suarez: Do what's best for this community. Mr. Pedroso: -- do the best. Chair Suarez: Thank you, sir. Mr. Pedroso: Thank you. Thank you very much. City ofMiami Page 30 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Chair Suarez: Thank you. Okay, anyone else from the public wishing to speak on PH.3? Grady Muhammad: Good morning, Mr. Chair. Grady Muhammad -- Chair Suarez: Thank you. Mr. Muhammad: -- president and CEO (Chief Executive Officer) ofMiami-Dade First. We're in favor -- very much in favor because the Allapattah Business Development Center has a very great track record developing housing all over Allapattah. I think we got to continue to support any entity that is doing a great job; others, it's a different story. But this one, I would definitely be in support. Thank you. Chair Suarez: Thank you, Mr. Muhammad. I know you don't throw around that praise lightly so. Victor Seijas: I'd like to apologize. I didn't raise my hand. May I talk? Chair Suarez: Yes, of course. Mr. Seijas: I'm the director. Chair Suarez: Has he signed in with you, Madam Clerk? Priscilla A. Thompson (City Clerk): Yes. If that's Mr. Seijas, yes. Chair Suarez: Yes. You just please put your first name, last name, and address on the record, sir. Mr. Seijas: Most definitely, Chairman. My name is Victor Seijas. I'm the executive director of Allapattah Business Development. I'd like to respond to the so-called statement that made about that 'You're crazy. You're wasting your time." The only thing that I did mention was in fact that the Northwest 17th Avenue corridor is governed, if you would, by the County and not by the City. I told him I'll happily join any kind of a movement for improvement in Northwest 17th Avenue if we approach the proper channels. And at that time I mentioned that that -- Northwest 17th Avenue was governed. The trees, which is a big issue with Mr. Pedroso, that has to be cut and the lighting and what have you, we have to approach the County. The City ofMiami is not controlling Northwest 17th Avenue. It controls 18th Avenue, and it controls 15th Avenue as a local conveyance. As far as properties that have not been developed, I think we're all aware of the banking situation that we facing in the United States. I could address Commissioner Spence -Jones; that Allapattah Business Development assisted some non -for -profit for housing in her district. There are actually three members of the Commission right here, sitting members, that know what we went through for Ralph Plaza I and Ralph Plaza II. So the buildings are there. The properties obviously are owned by low-income housing. And if any questions from any individual, I'll be happy to answer. We are starting the first duplex that this Commission approved from home ownership to rental in June 14 meeting, and it was a resolution commanding that, and we are starting on the first of October. Chair Suarez: Thank you, sir. Commissioner Gort: Would you explain the process of --? Chair Suarez: Let me just make sure that there's no one else from the public. Is there anyone else from the public that wishes to speak on this item, or do you want him to address the questions or any issues beforehand? City ofMiami Page 31 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Commissioner Gort: He can address it at the end. Chair Suarez: Okay. Go ahead, sir. Shawn Selleck: Hi. My name's Shawn Selleck, at 1058 Northwest 27th Street. I was just coming because I wanted to speak against this item. I know that low-income housing is very important to our community. I just feel like we can do much better than giving away the property of the City. It says, you know, in this letter that this organization wrote that they're going to repair this home for $86, 000. I mean, I think that anyone can repair a home in Allapattah for $86, 000; we don't need to give away property, especially when resources in our community are so -- they're not plentiful, that's for sure. Andl know you, Commissioner Suarez; you're very interested in low-income housing. I've heard you speak on it. I wish that we could identify organizations that are responsible and are willing to do quick, efficient development that actually raises the level of our community. This organization has three empty lots. I don't know how long they've had them. They're just sitting there. I don't know why we need to give them more property that's actually going to be more work to rehab than to just -- you know, if they can't even build new properties on the property they already have. Andl noticed this was designated as historical. Who sanctions that? I mean, how does it get identified as historic? I'm just curious. Mr. Duran: May I? Chair Suarez: Yes, Mr. Duran. Mr. Duran: Each property that we have an interest in providing financing or getting involved in has to receive an environmental review as HUD (Department of Housing and Urban Development) conditions and part of that is a historical preservation review. The particular property in this case was determined by a historical review officer that had the characteristics of the style of architecture that was built in 1923 when the building -- or 1935 when the building was built. Therefore, it's not historically designated but has the characteristics of such. Chair Suarez: And I think that's a -- I think what you're asking is a different question than what he's saying. He's saying for federal guidelines for funding and things of that nature, there's a different standard than like, let's say, a zoning characterization that's historic, which is maybe what you're alluding to. But I -- is that right? Mr. Duran: That's correct. Chair Suarez: Yeah. Mr. Selleck: Okay. I understand it might be helpful in getting funds here. I just wish that we could have some other organizations. I mean, I don't see anyone here coming to speak about the great work thatABDA's done that's not affiliated with ABDA or any residents of properties that, you know, are in Allapattah. No one ever comes here to talk about -- You know, I just don't feel like there's ever been any accountability or anybody coming to say, !ley, there's been great work done here; let's continue that. Andl just see a lot of projects that have taken forever and taken, you know, hundreds of thousands of dollars that there are plenty of private entities -- I mean, if you want me to -- I'll buy the house, you know, for 10, $20, 000 and I'll fix it up myself, you know . I mean, you don't have to give it away for free. You can give me a call. You guys have my number if you'd like me to give you some money in your coffers to actually benefit the community instead of just giving resources away over and over and over. Chair Suarez: Thank you, sir. Mr. Selleck: Thank you. City of Miami Page 32 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Commissioner Gort: Thank you. Mr. Duran: The only issue we have with that is that this is a federally funded -- Chair Suarez: Right. Mr. Duran: -- project -- Chair Suarez: Right. Mr. Duran: -- and therefore, what we do is we look for an organization that has the history, the capacity to provide affordable housing, to understand the complexities of the affordable housing programs and the federal programs. ABDA has arguably not -- you know, been 29 years in the Allapattah neighborhood, the nonprofit organization who has very successfully completed many affordable housing projects. And to address the vacant lot, we're very well aware of the vacant lots. And they intelligently did not move forward with home ownership projects in a market that we're in right now, which is exactly why we're providing these homes to them, because they're going to finish and lease them. The City is not in a position to be landlord. So it's a reverter as well. If this fails to be affordable, it has to come back to the City. This organization is more than qualified to do it. Mr. Selleck: I just want to mention one thing. Because of the way the housing market is, if we really wanted to strengthen the community of Allapattah, why doesn't ABDA provide a low -interest mortgage, you know, and carry that? Because you're going to charge rates -- rental rates to low-income people that are higher than what you could actually get a mortgage payment for to purchase the home. Mr. Duran: But that's -- Mr. Selleck: And so -- Chair Suarez: Look, let me -- let's -- I understand your question. I think, first of all -- and this is a frustration I think we all feel here on the dais. They're trying to fit the square peg in the square hole, which is, they get federal funding in a certain way with certain limitations and conditions and they can only make something work -- Mr. Selleck: No, I understand that. I understand that. Chair Suarez: -- and -- For example, they may not have money to lend and -- that's number one. Number two, I agree with what you're saying. If a lender would come in and lend the money at today's prime rates, which are very, very low -- four and a quarter, four -- three and three quarters I've seen in some mortgages -- it would be cheaper for someone to own a home than necessarily to rent, maybe, under affordability standards. I'm not even sure that that's a totally accurate statement. But they don't have the money to lend, number one. Number two, I mean, if they go out to the market, as you would -- I'm assuming you know, because I know I do it every day -- it's hard to get a loan, even if you're under the best of circumstances. My sister's a doctor and she got rejected for a loan. So I mean, it -- you know, it's -- we're coming out of a credit crunch, and so I think as we come out of the that credit crunch, there'll be much more a fluidity of funds and then maybe we can do a financing for -- Mr. Selleck: No. I mean, I'm very familiar with all the things -- Chair Suarez: Yeah. Mr. Selleck: -- you're saying, andl know it is very true -- City of Miami Page 33 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Chair Suarez: Right. Mr. Selleck: -- that these fund are dedicated, they can only be spent in certain ways. Chair Suarez: I just wanted you to understand. Mr. Selleck: I just think with all the resources thatABDA receives from the City, they could be a little more creative, you know. Chair Suarez: I got you. Mr. Selleck: I hope that Commissioner Gort would work with them to maybe find some ways, and also to produce housing that would beautifi, our community instead of a building that l've seen -- the only thing that ABDA's really renting out is 500 square foot -- 12 units squeezed together in 6,000 square feet, 500 square foot units, and you know, that doesn't improve our community. You want one of those in your gated community? I mean, do you want one in yours? I mean, it's not conducive. Commissioner Gort: Okay, we got it. Mr. Selleck: And l just think we can do -- Chair Suarez: Okay. Mr. Selleck: -- a little bit better. We got University ofMiami people that might donate some architectural -- Chair Suarez: Got it. Mr. Selleck: -- you know, services to you guys. It'd be great to build some partnerships to beautifi, our community instead of the same thing over and over. Chair Suarez: Thank you. Mr. Selleck: Thanks. Commissioner Gort: No more. Chair Suarez: Is there anyone else from the public that wishes to speak on this item? Seeing none, hearing none, the public hearing for this item is closed; coming back to the Commission. Commissioner Gort: Next time make sure the property owners, although they have -- working people and they have to work, try to bring them here, all the people that own property -- Chair Suarez: Right. Commissioner Gort: -- thanks to the work that you guys have done, even before I was here. Okay. I move it. Chair Suarez: It's been moved by Commissioner Gort. Is there a second? Commissioner Spence -Jones: Second. Commissioner Carollo: Second for discussion. City ofMiami Page 34 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Chair Suarez: Second by Commissioner Carollo. Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you. I just want to confirm some of the information and see what's accurate and what's not. It's -- you know, I'm very hesitant and cautious about giving any City property away, but however -- let me see ifI understand this. There was NSP (Neighborhood Stabilization Program) funds, federal monies, that were used to purchase these properties. Mr. Duran: Correct. Commissioner Carollo: Now -- so it wasn't general fund. It wasn't money from the City. It was federal funding that we used to purchase these properties. And along with that purchase and accepting these funds from the federal government, there were certain requirements of what we can and cannot do with that property. Correct? Mr. Duran: Absolutely. Commissioner Carollo: Can that property be used to -- as an investment and make money for the City ofMiami? Mr. Duran: No. Commissioner Carollo: It cannot? Mr. Duran: No, it cannot. Any money that's made from federal funding, as you know, it's program income; has to go back into the programs that it came from. Commissioner Carollo: And l just want to verify. I just want to confirm, even though, yes, you know I know the answers to some of these questions, butt just want to, you know, make sure -- Chair Suarez: (UNINTET,T IGIBT ,F) Commissioner Carollo: -- so the public understand that this is not just a piece of land that we could obtain additional fundingfrom or sell it as a profit or anything like that. It's different because these -- this land was obtained with federal fundings [sic] that had strict requirements, and some of those requirements does not allow us to make a profit from this land. Mr. Duran: That's correct. Commissioner Carollo: Additionally, does it have to do -- does it have to -- is there a requirement with regards to housing? Mr. Duran: Yes. Commissioner Carollo: There is. Mr. Duran: It must remain affordable housing to low- or moderate -income people. Commissioner Carollo: Okay. And the only other question that I will have, is there a time period that this housing needs to be built? If not, it will revert back to the City. Mr. Duran: Yes. All programs do have time restraints. This would -- I believe that -- well, we've already purchased the property, so we've already met that requirement, okay. So what they're going to do now is get it ready for occupancy. City ofMiami Page 35 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Commissioner Carollo: Yeah. And my question is, how long will that take? Is it going to take three, four, or five years? Mr. Duran: No, no, no, no. To rehab a house, shouldn't take any more than six months at the most. Commissioner Carollo: And if they start taking longer than that, is there anything -- and I didn't see any -- but is there anything here that would revert back to the City or that we could call them on? Mr. Duran: Exactly. This has a reverter provision. Once they -- the contracts are written, they would have a specific amount of time to do it. If not, it reverts back to the City. Commissioner Carollo: And what's that amount of time? Mr. Duran: I would say that six months would be an adequate amount of time. Commissioner Carollo: Okay. So within six months, if they don't have it refurbished and so forth, it would revert back to the City? Mr. Duran: Correct. Commissioner Carollo: I have your commitment on that? Mr. Duran: Yes. Commissioner Carollo: Okay. Thank you. Commissioner Gort: You have mine. Chair Suarez: Yeah. And look, I think one of the things that somebody said, who is not a member of ABDA, is that they have a great track record of doing this. I'm assuming they have the funds in place already to do the rehab? Is that --? Can you put that on the record? Mr. Duran: Exactly. As soon as they have the funds in place to rehab, they can move forward and finish it in six months. Chair Suarez: Okay. But what the Commissioner said is if they don't have -- Mr. Duran: It reverts back to us. Chair Suarez: Okay, perfect. Anything else, Commissioner? Commissioner Spence -Jones: I just want to just add just a couple comments. First of all, I respect any public citizen coming in to put something on the record. That's the whole purpose of the process, is to allow you to have the voice to communicate any issues or concerns that you may have. So I want to at least say, you know, that regardless of what, you know, the decision is, you are respected in this place. So I wanted to at least put that on the record. I do want to also add, there was a comment that was made earlier about, you know, ABDA, andl can honestly say -- and Grady, you know, second it, or I'm seconding you now, Grady -- even from the standpoint of projects that have actually taken place within my district, which actually has any -- nothing to really do with Allapattah, during my tenure of not being here, there were key projects that when I came back, you know, to the City, I was doing ribbon cuttings for -- from families and from individuals that clearly were living in, you know -- I don't want to call it slum, but living in some City of Miami Page 36 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 PH.4 12-00892 Department of Community Development unbearable conditions so -- and those families were very happy to be moving in a fresh, new facility. So I can at least acknowledge that ABDA has done good work not only in Allapattah, but I can say from my perspective in my district. So it's very difficult sometimes to sit up here and, you know, hear -- and can understand why Mr. Seijas is probably hurt and offended by it because, you know, your reputation is all you have. And people come into open spaces and they make comments which could be true, not, you know, disputing any of it, but we just have to be mindful with how we do things, you know. And if there's an issue or concern about something, sometimes it's best to go to the parties to try to work it out before we come into an open forum on TV (Television) and blast someone and say things that, quite frankly, it's hard to pull your reputation back after all of it. So I just really wanted to say that. And then to the Department itself, you know, every single last one of us sitting up here have CBOs (Community Based Organizations) in our districts that try their best to build affordable housing, to rehab for fordable housing; and you know, it may seem easy, but the whoops and hurdles that these CBOs have to jump just to get things done because it's federal -- all these different federal regulations, that wonder sometimes why they even do it. Because you know, the time, the energy, and the resources that they do have to go into doing this is -- sometimes you wonder whether or not it's even worth it at all. So, you know, I just think it's really important. Andl know that the same thing is happening in Little Havana, same thing happening in West Grove, other areas that are trying to build, you know, affordable housing, and especially now. This is a rental. It's not even a for purchase property. So it's just very difficult. So I just think that it's important for us to understand and those that are listening and watching, it's not just giving away land; there are a whole bunch of hoops and hurdles that one has to go through to even get the monies to get it done. So I just wanted to at least put that on the record and acknowledge that ABDA has done not only good work in my district but in their district as well. Thank you. Chair Suarez: Thank you. There's a motion and a second. All in favor, signift by saying aye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE OF UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT EMERGENCY SOLUTIONS GRANT FUNDS, IN THE AMOUNT OF $649,754 FOR PROGRAM YEAR 2012-2013; ALLOCATING SAID FUNDS AS SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID FUNDS. 12-00892 Summary Form.pdf 12-00892 Notice to the Public.pdf 12-00892 Pre-Legislations.pdf 12-00892 Legislation.pdf 12-00892 Exhibit 1.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-12-0299 City of Miami Page 37 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Chair Suarez: PH.4. George Mensah (Director, Community Development): PH.4 is a resolution of the Miami City Commission accepting funds in the amount of $649, 754 for the Emergency Solution Grant funds and allocating those funds in the following: Citrus Health Network for Rapid Rehousing and Homeless Prevention program, 211,170; Citrus Health Network for Program Administration, 16,244; City of Miami Department of Community Development for program efficient, 32,488; City ofMiami Homeless program and Neighborhood Enhancement Team Street Outreach for $389, 852. Chair Suarez: Thank you. This is a public hearing. Anyone from the public wishing to speak on that item ? Grady Muhammad: Yes. Good morning again, Mr. Chairman. Grady Muhammad. You know, one of the things we have to look at -- because I -- seen it on TV (Television) previously when we was talking about the Homeless Trust and we was talking about potentially changing the downtown. We have to understand, there's a lot of homeless in Liberty City of every race, and one of the things we -- the downtown, 95936, and the rest of them, they concentrate -- and the Homeless Trust concentrate downtown. But if you go throughout the City ofMiami, especially in District 5, 62nd Street at the expressways, both of them, you got homeless people there all day, 24 hours. And the McDonald's at the Edison Shopping Plaza -- they're now bringing the community and bringing the businesses down, so I would ask with these funds and the City's outreach, to please look at Liberty City and Model City and not just downtown. Thankyou. Chair Suarez: Thankyou. Anyone else from the public wishing to speak on this item? Seeing none and hearing none, the public hearing on this item is closed. Coming back to the Commission, is there a motion? Commissioner Spence -Jones: So moved. Discussion. Chair Suarez: Moved by Commissioner -- Commissioner Gort: Second. Chair Suarez: -- Spence -Jones, second by Commissioner Gort. Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: I just want -- first of all, I just want to say -- where are the Green Shirts? Green Shirts. To my understanding, the funding is broken up into two areas: One is the Green Shirt Operation and the other part of this is the rental assistance or the eviction portion of this, correct? Haydee Wheeler (Director, Neighborhood Enhancement Team): Correct. Commissioner Spence -Jones: Okay. Meaning, this is -- these dollars are being utilized for individuals that are being evicted out of their units, correct? And this helps them with their first or their last, or it helps sustain them in their apartments or their units. Correct? Sergio Torres (Homeless Assistance Program Administrator): That is correct, Commissioner. Sergio Torres, for the City ofMiami Homeless Assistance Program. You got a portion assigned to Rapid Rehousing. It's specially designed to deal with prevention to avoid those people losing their properties. I mean, not their properties but their rental units. Commissioner Spence -Jones: Right. And based upon my briefing with George -- which I think is great. I'm glad the feds decided to expand this program. Because of the lack of -- loss of jobs City ofMiami Page 38 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 and high foreclosures, I'm glad to see that they're now trying to expand the program and adding more dollars to make sure that this happens. The only -- I support the item 100 percent. I just want to make sure that get the report of -- from George on the -- how many people we've actually assisted from the Rental Assistance program, because I think it's important for us to know, you know, to just kind of track where we're seeing, you know, most of the evictions coming from and the highest foreclosures as well. So that was my only comment. So as soon as I can get that, I would greatly appreciate that. All right, thank you. Ms. Wheeler: We will get that to you, Commissioner. Chair Suarez: Thank you. Commissioner Spence -Jones: And just real fast on Grady's comment. We do have a growing homelessness population issue happening in Overtown. I know in Allapattah too. Commissioner Gort: Yeah. Commissioner Spence -Jones: Other areas. It seems as though now that the -- what is the -- not the HAC (Homeless Assistance Center), but the Camillus House has now been knocked down, I know Overtown, we've gotten double the amount of homeless people. I would like to understand what the operational plan is from the Green Shirts from ran outreach standpoint. Andl know when we did our ride through at that -- during the night, I also asked that, Haydee -- that I know a lot of the individuals are scheduled, more or less, in the daytime. I would definitely -- I ask -- andl'm hoping that part of this new plan that you guys are putting in place, that we put more people on the streets at night because, quite frankly, we have more people coming out at night after 6 o'clock, you know, 7 o'clock, 8 o'clock that are on the streets and homeless. I know especially on my riverside, on river, period, by my restaurants over there, it's become like a whole little colony of you know, homeless people. So I really want to make sure we have a plan in place, or I would like to see the resources be mixed so that at least there's more people working at night and not just all in the day. Commissioner Gort: Let me add a little bit to that. Northwest 12th Avenue, about 11 th Street, when you get down the -- people come down to visit the health center and the judicial system there. Underneath the path, it's full of individuals there and there's all kinds of trash. You got to get some help from somebody else too. I mean, you can't do it all yourself. So I don't know you supporting you all in picking up some of the trash in there because sometimes it's terrible. Ms. Wheeler: Yeah. Commissioner, Haydee wheeler, director of NET (Neighborhood Enhancement Team). I would like Sergio to talk a little bit about what Commissioner Spence -Jones just mentioned, because Sergio just did the census for the year. I think that it's also important to realize that -- for example, the corner that you're mentioning, they're mostly panhandlers, so when we go, we take the resources. They won't accept any assistance. They don't. We do get a lot of assistance from the Solid Waste Department, Police Department, so we do not work alone. This is taking resources citywide. But Sergio is going to briefly tell you what the results of the census were. Mr. Torres: On that particular area, Commissioner, the problem is a group of veterans that got us over there and had been there for years. We had work with FDOT (Florida Department of Transportation) and -- Commissioner Spence -Jones: Sergio, did you put your name on the record? Mr. Torres: Sergio. Yes, I did, earlier today. Sergio Torres -- Commissioner Spence -Jones: Okay. City of Miami Page 39 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Mr. Torres: -- City ofMiami Homeless -- Commissioner Spence -Jones: Sorry. Mr. Torres: -- Assistance Program. We had worked with VA (Veterans Association), and especially DOT (Department of Transportation), trying to reach out to these people. VA has a great program. It's called the OSAC (Outpatient Substance Abuse Clinic). Commissioner Gort: Right. Mr. Torres: It's on 14 and 1st. Unfortunately, most of these people, they make a living of panhandling on that corner. It's a very profitable corner for them to -- and they refuse to leave. We chase them out and they come back. Going back to the census, we conduct the homeless census on August 30. Good news. And now that the homeless issue is an issue that's very effective by perception, and even though you see the numbers going down, there was a slight decrease in the numbers for homeless in the City ofMiami overall. There was a -- the number went down by 40, and the biggest change was in the area of downtown. There was a slight increase in Overtown area and a big increase in Allapattah area. However, we don't associate the Allapattah increase because -- to the move of Camillus House because most of the people were found on the produce area, not around the Camillus House. Commissioner Gort: And by the way, what mean, you need additional help, I don't mean -- I know our police work with you, NET work with you, and Solid Waste have been great. But I think the County should be helping too, and the Trust maybe should be giving some additional help, because a lot of those individuals come out of the City ofMiami brought their house in the City ofMiami. I mean, everybody sending their people to the City ofMiami. Ms. Wheeler: We will definitely bring it up to see if we can get more grants dollars to increase the number of outreach teams. Commissioner Gort: Thank you. Mr. Torres: And for the area, the Overtown, what we're doing is -- because we have one team dealing with Overtown/Wynwood, and it also helps with Model City. What we're going to do is to have that team just dedicated to Overtown and the night team to work with Overtown areas, particularly with that area. Commissioner Spence -Jones: I just want to ask the general Administration, and maybe this is a Johnny Martinez question. Andl know, Commissioner Sarnoff, I know the DDA (Downtown Development Authority), you guys have been actively involved in this whole homelessness issue. I'm just hoping that we're working on a real global plan, 'cause I feel like we're just putting a Band-Aid on a situation. So is there a -- are we putting -- are we working on a global plan to address this issue? Vice Chair Sarnoff Yeah. And by the way, I would have thought that plan was done eight months ago. However, Commissioner -- and that's not the City's fault. Commissioner Spence -Jones: Yeah. I'm just asking if there's a global. Vice Chair Sarnoff Andl don't want to go too deep into it because some of it -- a lot of egos involved. And with a lot of egos involved, everybody has to be addressed. For instance, Ron Book: Would you want to oppose Ron Book or do you want Ron Book on board? Well, then Ron comes up with 12 things he wants done before he brings it to you. Do you not do those 12 things and come to this Commission? In which case, Ron Book comes up and says, Well, I'm not on City ofMiami Page 40 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 board because you didn't do these 12 things. Or do you do the 12 things and demonstrate to him it's not working? So -- and candidly, a tactical decision was made, which I necessarily didn't agree with, because you know me, I'm not the most get -along person in the world, and they decided to do these 12 things. Those 12 things are in the process of being accomplished before we bring it to you. I would have thought, candidly, we would have been to your offices nine months ago, but everybody suddenly emerges as a new person in charge of this district, this homeless population, and they emerge frequently. And do you want my support? And when you're dealing with homelessness, you try to get as many people supportive as you can. And there's almost a binge towards so much inclusion that you almost want to scream out: there anybody else out there that wants to pipe in. I think it will come to you, I think candidly, sometime late October/November, and I'm picking a real date, not could tell you it'll be here the end of September. Commissioner Spence -Jones: Yeah. Vice Chair Sarnoff. I think those 12 things will be accomplished. The Chief of Police is involved. The Administration is limitedly involved. And it comes down to Pottinger, and it comes down to -- let me put it to you -- this is something that mindboggles [sic] me. A person could be defecating. A person could be urinating. You andl could be out there; we would be arrested immediately for doing those acts. Somebody who's homeless could not be arrested for doing those acts, and they could have been doing it in front of kids, you name it, as long as it's a life -sustaining issue. Had it been a County police officer or an FHP (Florida Highway Patrol) police officer, they could have arrested that person 'cause they're not enjoined from enforcing the law. Only the City ofMiami Police Department is enjoined from enforcing that law. Commissioner Spence -Jones: Wow. Vice Chair Sarnoff. Right. Chair Suarez: Yeah. Vice Chair Sarnoff. And the oddity of it. Chair Suarez: Yeah. Andl think what -- Commissioner Spence -Jones: So it's not just a law enforcement issue in general? It's just us? Vice Chair Sarnoff. It's just the City ofMiami, correct. Chair Suarez: Yeah. And if -- may I chime in on it a little bit? Vice Chair Sarnoff. I'm sorry. Chair Suarez: No. I was going to say that I was in a meeting recently where that -- this whole issue came up, and basically, what thought was the consensus of the meeting -- I couldn't stay till the end of the meeting -- was that we have more resources under Pottinger than we are actually making ourselves available of. In other words, the City ofMiami Police Department has to look at how restrictive or how -- I guess a better way of saying it, it's less restrictive than what we're applying it. You know, we're kind of taking a blanket prohibition that the County isn't taking, by the way, in terms of not arresting people for those 13 critical, life function, sustaining -- but when there's beds available -- apparently, the way -- the consensus was there that when there's beds available, if someone is performing one of those 13 critical, life functioning activities and there's a bed and they're offered that bed and they refuse it, then they can be arrested. City ofMiami Page 41 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Vice Chair Sarnoff. But here's -- but herein lies the problem. Because, you know, what -- Commissioner Spence -Jones: I'm sorry for bringing up the homeless issues, but I just -- Vice Chair Sarnoff. No. I know. Commissioner Spence -Jones: I'm just hoping that there's a global plan. Chair Suarez: Yeah. Commissioner Spence -Jones: Because if not -- Vice Chair Sarnoff. There is. Commissioner Spence -Jones: -- we're going to keep doing this over and over and over again. So I'm just -- Vice Chair Sarnoff. There is. And -- Commissioner Gort: We've been doing it for 20 years. Chair Suarez: Yeah, and I'm sorry too for digressing. Vice Chair Sarnoff. -- it's such a sensitive subject -- Chair Suarez: Yeah. Vice Chair Sarnoff -- that we -- andl think you know the people involved, Commissioner. Chair Suarez: Yeah. Vice Chair Sarnoff. -- are taking such a sensitive approach to this whole thing. It is taking three -times the length of time than I ever anticipated it would. And just to comment on what Commissioner -- I'm sorry -- the Chair said. You know, the oddity of this whole thing is first, you would have to tell the person who is defecating or urinating there's a bed. What do you think the chances of a police officer getting there before they pull down their pants and do the thing they're about to do and say, By the way, there's a bed and now I can arrest you? The answer is it will never happen. It just -- think of the realities of being on the street. It will never happen. And all said to you, Commissioner, a moment ago was, yet, oddly enough, ifI was wearing a brown uniform or ifI was wearing a uniform better known and associated with the Florida Highway Patrol, I could have arrested that guy right away and not been in violation of Pottinger. So there are a lot of quirks and oddities, you know, andl could even tell you odder things than that. You know, you're -- it only happens in our borders. So one block out of our border, why not just -- you know I dealt a great deal with the pedophile issue. Commissioner Spence -Jones: Yeah. Vice Chair Sarnoff. If you bring pedophiles into the City ofMiami, that's the best place to put them. You want to know why? You can't move them; Pottinger. They're projected by Pottinger. Yet, those pedophiles out in the County, you can move them every day, all the time. So we've become the primary dumping ground not only for the State, but -- not only for South Florida, but for the County. Every municipality -- Miami Beach, Coral Gables -- all dump in the City of Miami. You add to that in Commissioner Gort's area, letting out the jail; 2 o'clock in the afternoon, just watch the broken windows, because they give them, I think, a coin -- a token for -- a bus token andl think $.25, and they're going to head from Commissioner Gort's district, City ofMiami Page 42 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 possibly to Aventura, possibly to Homestead. They got to get home. So you're right, it's a very big issue. It's taking longer than it should, but it -- you know, for the first time when this comes to you, everybody has going to been contacted, everybody is going to have been spoken to, everybody's going to say, Well, you know, Commissioner, we asked for 12 things and they only did 10. And you might say, you know what; I give them credit for doing the 10. Or you might say, What about the last 2? I know it's taken its time. Andl apologize for talking so long. Commissioner Spence -Jones: No, that's okay. I just wanted -- Vice Chair Sarnoff But it's getting to you. But it's going to get to you in the most fundamentally inclusive way that even I voted against, but it's going to get to you that you're going to feel like everybody had an opportunity. Chair Suarez: We closed the public hearing on this one. Mariano Cruz: Hmm? Chair Suarez: I think we closed the pub -- didn't we close the public hearing on this? Mariano Cruz: No, you didn't say anything about closing. Chair Suarez: No, we did. We did. We closed it. Mr. Cruz: You did? Chair Suarez: It was a while ago, I'm sorry. So we started this -- a tangential discussion. Mr. Cruz: Well, anyway, I talk in the next hearing then. Chair Suarez: Yes, the next one. Okay. So it's been moved and seconded. All in favor, sign by saying iiye. " The Commission (Collectively): Aye. PH.5 RESOLUTION 12-00893 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Development AMENDMENT TWO TO THE FISCAL YEAR 2005 COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") DISASTER RELIEF INITIATIVE ROUND II CONTRACT BETWEEN MIAMI- DADE COUNTY AND THE CITY OF MIAMI, IN SUBSTANTIALLY THE ATTACHED FORM, EXTENDING THE CONTRACT FROM JUNE 30, 2012 TO DECEMBER 31, 2012, FOR THE PURPOSE OF PROVIDING CDBG FUNDS, IN THE AMOUNT OF $2,305,848, FOR DISASTER RECOVERY IN THE AREAS OF HOUSING AND INFRASTRUCTURE REPAIR OR IMPROVEMENT UNDER THE MILITARY CONSTRUCTION APPROPRIATIONS AND EMERGENCY HURRICANE SUPPLEMENTAL APPROPRIATIONS ACT, A/K/A DISASTER RECOVERY PROGRAM, FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY FUTURE AMENDMENTS AS MAY BE NEEDED. City of Miami Page 43 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 12-00893 Summary Form.pdf 12-00893 Notice to the Public.pdf 12-00893 Pre-Legislations.pdf 12-00893 Legislation.pdf 12-00893 Exhibit 1.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-12-0300 Chair Suarez: PH.5. Alfredo Duran (Deputy Director, Community Development): PH.5 is a resolution that authorizes the City Manager to execute Amendment 2 to Round II Community Development Block Grant, CDBG, Disaster Relief Initiative contract between Miami -Dade County and the City ofMiami; authorizing the extension of the contract from December 30, 2011 to December 31, 2012. Chair Suarez: Thank you. This is a public hearing item. Mariano Cruz: Okay. Anyway -- Chair Suarez: The public hearing is now opened. Mr. Cruz: -- it's related to that too. Chair Suarez: Okay. Mr. Cruz: Mariano Cruz, 1227 Northwest 26th Street. I'm going to tell something good. The City ofMiami have a good department. The people there in the NET (Neighborhood Enhancement Team), in the homeless, they work. Because in this specific case, I go to the Walgreen's on 17 and 20 and there is this lady there homeless. Her name is Malla (phonetic) because -- and she got a little puppy. And told her, I can take you to Camillus House, to the HAC (Homeless Assistance Center), to Better Way, Salvation -- she said no, they won't take me because I have this puppy, and this is my only thing got in life. And you know what, I talk to Sergio, and you know what Sergio did. They took her to Homestead. Okay, Homestead is the only place a homeless have a kennel. So she's there with her puppy and everything. Because people realize -- maybe to you, it's that person there, but that person got feelings too, you know. Thank you. Chair Suarez: Thank you, Mr. Cruz. Anyone else wishing to speak on public hearing number 5? Grady Muhammad: Yes. Chair Suarez: Mr. Muhammad. Mr. Muhammad: Grady Muhammad, representing Officer Stephon E. McGill, the Leaf Project. This project, we applied in 2008. We was approved. We was number two on the list. It is a five -unit, located at 450 Northeast 71 st Street. It was for girls aging out of the foster care system. The rents was $650; lights, water, cable, and fully furnished in the Upper Eastside. To this day we still can't get the funds, Commissioner. Why? I do not know. We was approved. We can't get the funds. It's an affordable housing project. It's the Leaf project, Officer Stephon McGill, a first responder. He was the number two on the list that came out in March of 2009. Here we are in 2012; we still can't get the funds. The project is there still. It is still being rented City ofMiami Page 44 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 out, and we still trying to find out why we can't get the funds. We have Affordable Housing Trust funds. These was the disaster funds from 2005. We have Affordable Housing Trust funds. We have NSP (Neighborhood Stabilization Program). We have so many funds that we can use, but we never can't seem to think outside the box. And again, this is a five -unit for girls aging out of the foster care system. Six hundred and fifty dollars for a one -bedroom; lights, water, cable, fully furnished. You can't find that in the Upper Eastside or, more or less, anywhere in the City ofMiami. The Leaf project, that's what the project is called, Mr. Duran, and we was approved for the $200, 000. To this date, we still have not gotten the 200, 000, Mr. Chair. And we'd like to Chair Suarez: Thank you. Mr. Muhammad: -- have an answer. Chair Suarez: Thank you, sir. Anyone else from the public wishing to speak on PH.5? Mr. Muhammad: Mr. Chair, I would like to get an answer on why we was approved -- Mr. Duran: I'm going to answer. Mr. Muhammad: -- and we haven't gotten the funding. Chair Suarez: You'll get one. Mr. Muhammad: Thank you, Mr. Chair. Chair Suarez: I just want to make sure there's no one else that wants to speak on this item. Mr. Duran: Yeah. Commissioner Gort: So you can get all the questions at the same time. Chair Suarez: Anyone else that'd like to speak on this item before you get an answer to your question? Seeing none, hearing none, the public hearing on this item is closed. Mr. Duran, can you answer the question. Mr. Duran: Yes. I recognize the Leaf project came in through the disaster relief applied through the disaster relief and he made -- they may have a number of other federal programs that have approved them. However, unlike other federal programs, this was specifically targeting properties that were damaged by Hurricane Wilma or Katrina, and there was a certain matter of information that had to be provided or evidence that they were not able to get certain things in order to make them qualf, and those were the reasons why they were not selected. So this property -- this particular property has been denied. So it's not that it has been approved and you haven't been funded. Mr. Muhammad: No. We was -- Mr. Duran: You were not able to provide the information. Mr. Muhammad: No. Mr. Duran: But we could take this back to our office, andl could show you the evidence why not. Mr. Muhammad: The reason why -- We got $44, 000 in insurance. Toby Tobias ran off with it. City ofMiami Page 45 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 And I'm going to put it on the record: Community Development director said, Grady, say the money wasn't stolen. Just say you need more money. No, the money was stolen, and he told me straight up. Outside this -- and Mr. Roy Hardemon was my witness. Just say you need more money. Don't say the money was stolen. Say you need more money. No, the money was stolen from [sic] Toby Tobias. We couldn't give you that, but we got the insurance. We gave you the information. This project, they want to use it -- it's an affordable housing. The project itself qualifies, not the individual, because it's a project for girls age -- They already low income. Vice Chair Sarnoff Mr. Chair. Chair Suarez: Yes. Mr. Muhammad: So as being low income -- Chair Suarez: Hold on a second. Mr. Muhammad: Go ahead, Mr. Chair. Chair Suarez: Hold on a second, Mr. Muhammad. Mr. Muhammad: Go ahead. Chair Suarez: Yes, sir. Vice Chair Sarnoff When -- here's what I propose. When somebody comes up to this dais and says money was stolen, I just suggest that they report that to the proper authorities. Because you know -- Mr. Muhammad: We did, sir. Vice Chair Sarnoff Well, let me finish. Because all anyone that's going to hear on the TV (Television) set is money was stolen by somebody, andl think you're suggesting CDBG. Mr. Muhammad: No, sir. No sir. Toby Tobias was a contractor. Never said -- not -- Vice Chair Sarnoff Then -- let me -- Mr. Muhammad: Can correct --? Chair Suarez: Wait, wait, wait, wait, wait, wait. Mr. Muhammad: No, I just want to correct that. Chair Suarez: That's -- wait. Mr. Muhammad: No, sir -- Chair Suarez: Wait, wait, wait. Mr. Muhammad: -- not CD (Community Development), sir. That's the only thingl wanted to correct, Mr. Chair. Vice Chair Sarnoff Wait, wait. Stop, stop, stop. I don't want to get into debate with anyone, but I will tell you this. You make an accusation in public, which is either correct or defamatory. You should have at least gone to the State Attorney's office or the Police Department and saidl have City of Miami Page 46 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 evidence that this Toby whatever has stolen money. Do not come to this Commission and for the first time report a theft. You're in -- let me finish -- the wrong jurisdiction. You are defaming a person. And if it's true, then you are correct, so I'll take away the defamatory part of it. But to simply come here and cast aspersions against somebody without having taken any affirmative action on your own part -- Mr. Muhammad: We did, sir. We did. Vice Chair Sarnoff Then say we have reported it to State Attorney Kathy Rundle; she is investigating it. We have reported it to Chief Manuel Orosa; he is investigating it, and we await the timely conclusion -- Chair Suarez: Conclusion. Vice Chair Sarnoff -- of their investigation. I'm going to give you some forewarnance [sic]. To make an accusation against a person in a public forum like this and be wrong is slander, per se. Mr. Muhammad: Yes, sir, I know. Slander is the spoken; libel is the written. Vice Chair Sarnoff And there will be a written -- Chair Suarez: Pretty good. Vice Chair Sarnoff -- record of what you said. Mr. Muhammad: Yes, sir. Vice Chair Sarnoff You will qualify as both. Mr. Muhammad: Yes, sir. Again, Mr. Vice Chair and City staff and in no way, shape, form, and fashion -- I want to make it explicitly clear, no one associated with CD had anything to do with this. Toby Tobias was a private individual. And if there was any hint that -- or -- no, please. I want to make that explicitly clear for the record: CD, Community Development, Community Development Department, and no one in Community Development Department had anything to do with any thief or any stealing of these monies. These was by a private individual. And again, the project itself was the entity that quaked, not the individual -- Chair Suarez: I understand. Mr. Muhammad: -- because the individuals were low income. Chair Suarez: Right. Mr. Muhammad: They are girls aging out of the foster care system. They're the ones who were qualified, or the building itself will qualift, on their behalf. And this was 2005. We applied for hurricane disaster funds because the building was damaged in 2005 by Hurricane Wilma. Thank you. Chair Suarez: Thank you. Thank you, sir. Would you like to respond to any of that or --? George Mensah (Director, Community Development): I'll (UNINTELLIGIBLE). Chair Suarez: Okay. Is there a motion on this, Madam Clerk? Commissioner Spence -Jones: So moved. Discussion. City of Miami Page 47 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Chair Suarez: Moved by Commissioner Spence -Jones. Is there a second? Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: Okay, I'm not going to get into all of the additional things. I just really want to kind of focus my attention on the item. Just so that we have clarity on it, this was the delay -- this actually was kind of delayed by way of the County, right? I think Madam City Attorney was actually working with us on this issue, correct? Mr. Duran: Right. This -- Commissioner Spence -Jones: Miami -Dade County was the hold up on this issue for us. Mr. Duran: Well, this takes the collaboration between the County and the City. The County has to take it to their Board of County Commissioners, so yes, it's -- Commissioner Spence -Jones: Yeah. But I'm just saying that this is like -- this is an item that we've been working on for a while to get it passed through the County. We finally got some of the issues resolved with the County. Mr. Duran: Yeah. Commissioner Spence -Jones: And that's the reason that it's coming now. Mr. Duran: And it also involves the State also, getting the State to approve it. Commissioner Spence -Jones: And the State. So I just want to be clear -- Mr. Duran: So this is the final step. Commissioner Spence -Jones: -- how we got here on this item. Mr. Duran: Yes. Commissioner Spence -Jones: Okay. Chair Suarez: Thank you. Any further discussion? There's a motion and a second. All in favor, signify by saying iiye. " The Commission (Collectively): Aye. PH.6 RESOLUTION 12-00894 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community EXTENSION OF THE AGREEMENT END TERM DATE BETWEEN THE CITY Development OF MIAMI AND LITTLE HAITI HOUSING ASSOCIATION, INC., FROM SEPTEMBER 30, 2012 TO DECEMBER 31, 2012, FOR PUBLIC FACILITIES AND IMPROVEMENT ACTIVITIES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. City of Miami Page 48 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 12-00894 Summary Form.pdf 12-00894 Notice to the Public.pdf 12-00894 Pre-Legislations.pdf 12-00894 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-12-0301 Chair Suarez: PH. 6. George Mensah (Director, Community Development): Commissioner, PH.6 is a resolution extending the term for Little Haiti Housing Association to complete a public facilities improvement activities from September 30, 2012 to December 31, 2012. Chair Suarez: Thank you. This is a public hearing item. Anyone wishing to speak on PH 6? Seeing none and hearing none, the public hearing on PH. 6 is closed. Coming back to this Commission, 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, signifi, by saying aye." The Commission (Collectively): Aye. Chair Suarez: PH.7. Commissioner Spence -Jones: Okay. I just want to make sure we put on the record, George, this is for the renovation of the parking lot, correct? Mr. Mensah: Yes, that's correct, Commissioner. Commissioner Spence -Jones: They just need a little bit more time to complete -- Mr. Mensah: Yes. Commissioner Spence -Jones: -- the park -- Is it already in motion? Mr. Mensah: It's in motion. Commissioner Spence -Jones: Okay. Mr. Mensah: We met with them yesterday to do the (UNINTELLIGIBLE) vacant part of it. They have the permits already in place, and they'll be completed in the next four or five weeks. Commissioner Spence -Jones: Okay, great. Thank you. PH.7 RESOLUTION City of Miami Page 49 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 12-00922 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN Development THE AMOUNT OF $60,000 FROM THE DISTRICT 2 ECONOMIC DEVELOPMENT RESERVE ACCOUNT; ALLOCATING SAID FUNDS TO WYNWOODARTS DISTRICT ASSOCIATION, INC. FOR COMMUNITY ECONOMIC DEVELOPMENT ACTIVITIES, SPECIFICALLY, THE CREATION OF A BUSINESS IMPROVEMENT DISTRICT FOR THE WYNWOOD DESIGN DISTRICT; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 12-00922 Summary Form.pdf 12-00922 Notice to the Public.pdf 12-00922 Legislation.pdf Motion by Vice Chair Sarnoff, 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-12-0302 Chair Suarez: PH.7. George Mensah (Director, Community Development): PH.7 is a resolution to transfer Community Development Block Grant funds in an amount of $60, 000 from District 2 economic development reserve account to WynwoodArts District Association for community development activities, specifically the creation of a -- Commissioner Spence -Jones: Second. Mr. Mensah: -- business improvement district. Chair Suarez: Is there a motion? I'm assuming there's a motion by the District 2 Commissioner? Vice Chair Sarnoff. There is. Chair Suarez: Andl believe there's a second by the District 5 Commissioner. This is a public hearing. Mr. Muhammad, you are recognized. Grady Muhammad: Mr. Chairman, as you know, and the director makes it plain, we had to get these funds out before February. We have to spend them expeditiously. We can't afford to lose anything. And we have to think outside the box to get these funds spent. This is one way. WynwoodArts (UNINTELLIGIBLE) is in, you know -- Condolences to the Goldman family for a great developer who built South Beach, Wynwood, as well as New York. And he passed, and he's a great man who I think we need some of those kind of developers. We have them, Commissioner Spence -Jones, in Otis Pitts, the patriarch who's developing our neighborhoods, and we have to definitely give them their -- like my mom always say, give me my rose while I live. Thank you. Chair Suarez: Thank you, sir. Mr. Mensah: Mr. Chairman. City of Miami Page 50 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Chair Suarez: Is there anyone else that wishes to speak on PH.7? Seeing none, the public hearing on PH.7 is closed, coming back to this Commission. I'd just like to say thatl think this is a wonderful idea on the part of the district Commissioner. I'm not sure ifI can do this for Coral Way, but this is something thatl want to think about for Coral Way if it qualifies as a CDBG (Community Development Block Grant) eligible area, andl think that's the issue with income and whether or not it does. But if it does -- I don't -- yeah, I don't -- it may not, particularly my side of it. I don't know if the -- I think the Commissioner's side of it is an area that's a little bit wealthier from the 12th Avenue -- 17th Avenue side east. But I don't think it -- I still don't think it qualifies. But if it did, it'd be nice because this is a great idea so. Mr. Mensah: Mr. Chair, can I amend -- Chair Suarez: Yeah. Mr. Mensah: -- make a quick amendment? Vice Chair Sarnoff Yeah, can you check on it, please? I mean, it would be -- and you know, obviously, we have to organize the business owners there and inform them of what it means to create a business improvement district, but there's a lot of things that can done with it, and you know, Coconut Grove is just one example so. Mr. Mensah: Okay. Vice Chair Sarnoff Mr. Chair. Chair Suarez: Yes. Vice Chair Sarnoff This is something that Tony Goldman spoke about about three years ago, and Tony said, "You know, I don't think we're ready for this. I don't think we're ready for this." And last year Tony finally said, `I think we're ready for this." And business improvement districts, regardless of your political affiliation, is -- gives some self-determination, self funding to particular businesses, and they actually start governing themselves. And in that governance, I think everyone would agree -- Chair Suarez: The benefits. Vice Chair Sarnoff -- people do a better job of spending their own money than necessarily somebody else's money so -- Chair Suarez: And it's supplemental money too. Vice Chair Sarnoff It is, it is. Chair Suarez: Right. Vice Chair Sarnoff It's over and above. It doesn't harm the City in any way. It doesn't take money away from the City in any form or fashion. So I think BIDs (Business Improvement Districts) -- In case you don't know this -- and having just come back -from New York -- there are 69 BIDs -- I think that's the right number -- in New York City, 69 BIDs. By the way, there's a BID, then there's another BID, then there's another BID. And Pallet Park, CBS studios, they're all in BIDs. Certainly -- matter of fact, Time Square. Time Square is a BID. And if you look at the way sometimes it close down Time Square now, the BID does that. It's through additional funding. You just can't say enough good things about BIDs, because while everybody believes -- you know, first Giuliani and certainly Bloomberg have transformed New York; they did it through the BID process, because before Giuliani, there really wasn't BIDs in New York. So what they City of Miami Page 51 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 did was they tax themselves a little bit more. They did some self -governance, and they created these wonderful little patches of neighborhoods. Andl think uniquely situated is Wynwood, and) know Commissioner Spence -Jones is going to be the real recipient of this. But I hope she appreciates and understands this is a great opportunity for everyone in the City, and) can't think of a better way of spending District 2's money to help what is substantially District 5's community. Commissioner Spence -Jones: Let -- Mr. Mensah: Mr. Chair, can I amend something on the record? Commissioner Spence -Jones: Sure. Chair Suarez: Yes, please. Mr. Mensah: Instead of -- says the Wynwood Design District, we want it to be more encompassing and say the Wynwood Business District so it's not specific. Chair Suarez: Thank you, sir. Commissioner. Commissioner Spence -Jones: I just want to say, first of all, I think that this is an awesome idea. Definitely, this is something that we should be patterning behind in neighborhoods, especially neighborhoods that, you know, finally get a leg up. And being able to control the resources in the area to help build those areas I think is -- should be a great guideline in us doing that. And Mr. Goldman and Mr. Furst and) see David Lombardi here. They have championed this area. They believed in Wynwood when no one else even thought about Wynwood, when it was just warehouses and abandoned properties. And it's obvious what you see on Northwest 2ndAvenue, how much that has changed because of their leadership and their direction. This is only going to take it to the next level. And I'm extremely excited about working along with Commissioner Sarnoff. I want to commend him for taking the leadership on this issue and identifying the resources to help move this to the next level. As you stated, I just actually got back from New York City, and it's funny that you would mention that because I stayed in Harlem, and I kind of visited some of the redevelopment projects that were going on, Aloft, which is the W Hotel, and a few other things that are happening. And one of the things I noticed on 125th Street -- and you see the major transformation happening in Harlem now -- is that there were several people walking on the streets that had polo shirts and they had these little patches on, so I walked up to see what the patches were and they all said "125th Street BID." I was like ah, I see, I see. So you see, you know, how the BID was very helpful in what's happening in the transformation even in the heart of Harlem. So, you know, unlike the CRA (Community Redevelopment Agency), those particular areas, we can't do a BID on those, but those resources are going to those areas to help rebuild them and make them happen is wonderful. Something like this is something) definitely want to see happening in the Little Haiti area over by the Little River business district. I know that's something that they're looking at. But I just want to commend you on that and let at least -- I see David in the office -- I mean, in the building now, and I know that he's been working very hard, and) just want to say congratulations. This is just one of the many steps, and I want to acknowledge him too. And Commissioner Sarnoff -- a lot of times Commissioner Sarnoff does things that no one really knows that he does, but I didn't really learn it until my conversation with David that he had been supporting for a very long time the cleanup program with the ladies -- Vice Chair Sarnoff Women of Wynwood. Remember that, the Women of Wynwood. Mr. Mensah: Women of Wynwood, yeah. Commissioner Spence -Jones: -- Women of Wynwood. Andl was -- and when David said, "Oh, City of Miami Page 52 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 no. Commissioner Sarnoff has been supporting this issue. " And a lot of those constituents were actually constituents, if I'm not mistaken, from my district, and this -- Vice Chair Sarnofff. All four of them. Commissioner Spence -Jones: -- at least gave them -- Vice Chair Sarnofff. All four of them. Commissioner Spence -Jones: -- employment. So I don't know if that program is still going on. David, you want to --? Vice Chair Sarnofff. It is. Commissioner Gort: You know, David used to be a member of Rafael Hernandez board of directors -- Commissioner Spence -Jones: Oh, I didn't know. Commissioner Gort: -- way back, so he -- his history -- David Lombardi: Good morning. Commissioner Gort: -- is way back in the district. Mr. Lombardi: Yes. Good morning. Thanks for having me. David Lombardi, 167 Northwest 25th Street. The Women of Wynwood program is still going on. Commissioner Spence -Jones: Okay. Mr. Lombardi: Yeah. Commissioner Spence -Jones: So it's three women, right? Mr. Lombardi: Two women who had -- Vice Chair Sarnofff. Three? Mr. Lombardi: -- formerly been homeless from the Lotus House shelter. Through our employment, they were able to get their own apartments. One lady was able to get her children back, and they're gainfully employed and taking care of the neighborhood for us. Commissioner Spence -Jones: I just -- Vice Chair Sarnofff. And, Commissioner, I just -- Commissioner Spence -Jones: -- had to acknowledge that. Vice Chair Sarnofff. -- want you to know that -- I want you to know -- Commissioner Spence -Jones: So Commissioner -- Vice Chair Sarnofff. -- they give great hugs, these women. Commissioner Spence -Jones: -- Sarnoff has a soft heart. You see that, right? City of Miami Page 53 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Mr. Lombardi: Oh, yeah. Chair Suarez: Definitely. Commissioner Spence -Jones: So I just wanted to acknowledge it. Mr. Lombardi: Thanks. Commissioner Spence -Jones: And through the BID and these type of programs, we're able to not only help the business businesses but help surrounding residents, which I think is really, really important. Mr. Lombardi: Sure. Commissioner Spence -Jones: So I just want to acknowledge you guys for doing that. Chair Suarez: Thank you. Mr. Lombardi: Thanks very much. Vice Chair Sarnofff. I lost all my credibility for this meeting. Chair Suarez: That's it, that's it. Yeah, you're Mr. Nice Guy now. There's a motion and a second. All in favor, signifi, by say -- Priscilla A. Thompson (City Clerk): Excuse me, Chair. Vice Chair Sarnofff. Yes, ma'am. Ms. Thompson: Just want to make sure that modification was stated on the record. Mr. Mensah: Yes, as modified. Chair Suarez: As modified. Ms. Thompson: Okay. And Commission accepts it? Vice Chair Sarnofff. Yes, first and second. Ms. Thompson: Thank you. All right, thank you. Chair Suarez: Thank you. Okay, there's a motion as modified. All in favor, signifi, by saying aye." The Commission (Collectively): Aye. PH.8 RESOLUTION 12-00853 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER AND LIGHT COMPANY, A FOR -PROFIT FLORIDA CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF AN APPROXIMATELY TEN (10) FOOT WIDE STRIP OF CITY OF MIAMI OWNED City of Miami Page 54 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 PROPERTY LOCATED AT 350 NORTHWEST 13 STREET, MIAMI, FLORIDA (ALSO KNOWN AS GIBSON PARK), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT. 12-00853 Summary Form.pdf 12-00853 Notice to the Public.pdf 12-00853 Legislation.pdf 12-00853 Exhibit 1.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-12-0303 Chair Suarez: PH.8. Enrique Torre: Good morning. Henry Torrey, director of Public Facilities. PH.8 is a resolution granting to Florida Power & Light a nonexclusive easement of approximately a 10-foot wide strip of City -owned property at 350 Northwest 12th Street, also known as Gibson Park. Chair Suarez: Thank you. This is a public hearing item. Anyone from the public wishing to speak on PH.8? Seeing none and hearing none, the public hearing on PH.8 is closed. Coming back to this Commission, is there a motion? Commissioner Spence -Jones: So moved. Commissioner Gort: Second. Chair Suarez: Moved by Commissioner Spence -Jones, second by Commissioner Gort. I just would like to take a moment to kind of digress a little bit on a tragedy that happened in Gibson Park last Friday. As many of you may have read, there was a shooting that involved three innocent victims. It was in a Pee Wee football game last Friday. And the sad part was I was actually going to the games on Saturday, and when I went to Gibson Park on Saturday morning to watch the games, there was no one at Gibson Park, and l found it strange. Andl said how can there not be anyone here. The games are scheduled to be here. And this is a facility that we spent over $10 million renovating. It was the first night -- actually, the opening night of the park. Andl was later informed that the games were in Northwest Dade, in the Northwest Dade Boys Club, so I went to the Northwest Dade Boys Club to attend the games, but it was a bittersweet moment for me, because I realized that the reason why the games had been moved to Northwest Dade was because there was a fear for the safety of the children at Gibson Park and, to me, that's something that's completely unacceptable. Our parks have to be a place where people feel safe, where guns are not allowed or tolerated. Andl think this government has to do everything in its power to make sure that a tragedy like that never reoccurs. And so I'm going to -- with the permission of the district Commissioner, I'm going to ask any of the elected officials here from this government and from any other government who can attend Saturday's games as a message to the community that we stand behind the community; and also a message to the people who would disturb the peace in our parks, that that will not be allowed or tolerated in this city. So I'll send a press release later, and hopefully, you know, the members of this body -- Commissioner Gort: We'll be there. City of Miami Page 55 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Chair Suarez: -- that are able to attend can be there. I certainly will be there. So I invite you all to come to Gibson Park on Saturday. Thank you. Commissioner Spence -Jones: Mr. Chairman, I just -- Chair Suarez: Yes. Commissioner Spence -Jones: -- want to also add -- first of all, I want to thank you, 'cause I happened to be in New York City when this whole issue happened, andl got the phone call late Friday night. But I thank you for stepping in as the Chairman to immediately go to the community on Saturday, andl know a lot of people called me to say that you were there. Andl appreciate you, you know, having the back of the community and actually showing up and doing your part. But just in general, just your sincere commitment to address this issue. I want to say this to my fellow Commissioners. You know, I really would like to enlist your support with the greater -- a greater issue and that is, remember a few months ago when I first got back and the City Attorney -- when we were getting briefed on this issue of guns in parks, and we were all told that we had no choice but to kind of vote on it. And if we didn't vote on it, then we could personally be -- is it liable? -- you know, on this issue. I would like to ask the City Commission to join -- and ask the Chairman to take the leadership on this issue, to send a very strong message to Tallahassee with us really addressing guns in city parks. I understand, you know, the whole state park issue and why a gun could be allowed in a state park. Chair Suarez: Right. Commissioner Spence -Jones: I mean, obviously, there's things that you're going to hunt and do whatever else. I just don't see the need of having a -- allowing a gun to be in a city park, you know. I just think no good comes out of that. Commissioner Gort: Yes. Commissioner Spence -Jones: Andl would like to ask for you guys to support with us preparing some sort of legislation and to ask -- andl understand that the whole NRA (National Rifle Association) issue is a very tight issue, but I think that there has to be some sort of voice of reason. Andl know in my parks alone from last year either on the parks or on the way coming off the parks, we've had several shootings, and it's become almost like I said in -- when I was interviewed on this issue is that, unfortunately, gun violence in my district, the people have just become so numb to it now. They just don't -- you know, it happens so much. You see the Teddy Bears and you see the candles and you see, you know, the pictures almost on every corner and that's just unacceptable. Andl think that if nothing else, children should feel safe in their parks, and the parks should be safe zones. Just as we have no tolerance zones in schools, in public schools -- they know not to take any guns in those schools. You very seldom see that happen in the inner city. But we have to send the same kind of message in our parks: that will -- Chair Suarez: Absolutely. Commissioner Spence -Jones: -- not be tolerated. So I would ask that you guys join us on -- join us in -- Mr. Chairman, if you could also take the leadership -- Chair Suarez: Absolutely. Commissioner Spence -Jones: -- and get with -- I think it's Erik Fresen? Chair Suarez: Yes. I'll speak with him. City of Miami Page 56 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 PH.9 Commissioner Spence -Jones: Which I had a brief conversation with. But if there's -- Chair Suarez: Absolutely. Commissioner Spence -Jones: -- any way we can get -- because I think this is -- it's not a Democrat issue. Chair Suarez: Yeah. Commissioner Spence -Jones: It's not a Republican issue. Chair Suarez: I agree. Commissioner Spence -Jones: I think it really is a people issue, andl think that people can kind of somewhat -- to come together on this issue. And then I know Commissioner Carollo -- I know that -- Commissioner Carollo: Set -- the meeting is set for 2: 30 on Friday. Commissioner Spence -Jones: Okay. -- was taking the leadership in Overtown with Police to begin to look at -- we do spend this additional money for police in the area from the Overtown CRA (Community Redevelopment Agency), and we just want to make sure -- I know -- I want to acknowledge, though -- where is Gomez? Is he here? Chair Suarez: He was here a second ago, yeah. Commissioner Spence -Jones: Okay. I do want to acknowledge Gomez and of course you, Chief. We had been working on something for the last eight weeks to address this whole gun violence issue, and your team has been wonderful. Unfortunately, this just happen to happen between all of our planning process, but I know that we do have a plan put in place to address it. And I don't know where Juan is from Parks. Juan? Yeah. Juan has been doing an outstanding job with putting together a plan to address, you know, city parks when these football games to take place. In one -- on one afternoon -- or a Saturday afternoon, we can get 5 to 1,000 people, families out there in the parks, which is great, but we just want to make sure that they're safe as they come out there. So I want to commend Juan for stepping up to the plate and making sure that happens. And of course, Gomez actually called me late on Friday night to make sure I got the information. So, Chief I want to tell you and acknowledge, I appreciate you guys being on top of that and making sure at least the residents and people felt safe. So with that being said, I just wanted to say thank you. Chair Suarez: Thank you. Commissioner Gort: I have to tell you, I've seen -- I go through Northwest 3rdAvenue every afternoon, about 6: 30, 7 o'clock, and I've seen the police presence quite a bit in there. Also, you got a lot of the family that going to the football practice, which they're very active within that area. Commissioner Spence -Jones: Yeah. Commissioner Gort: But I've seen the police presence a lot more now than before. Chair Suarez: Thank you. There's a motion and a second. All in favor, signift by saying aye." The Commission (Collectively): Aye. RESOLUTION City of Miami Page 57 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 12-00854 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE FLORIDA DEPARTMENT OF TRANSPORTATION, FORA PERPETUAL, NON-EXCLUSIVE EASEMENT OF APPROXIMATELY FOUR HUNDRED SEVENTY SIX (476) SQUARE FEET OF CITY OF MIAMI OWNED PROPERTY LOCATED AT THE INTERSECTION OF NORTHWEST 20TH STREET AND NORTHWEST 12TH AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, MAINTENANCE AND WIDENING OF THE CORNER RADIUS, THE RECONSTRUCTION OF THE CURB, GUTTER, SIDEWALK AND CURB RAMPS, AND THE INSTALLATION OF DRAINAGE. 12-00854 Summary Form.pdf 12-00854 Notice to the Public.pdf 12-00854 Legislation.pdf 12-00854 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0304 Chair Suarez: PH.9. Enrique Torre (Director, Public Facilities): PH.9 is a resolution granting to Florida Department of Transportation a nonexclusive easement on City -owned property, located at the intersection of Northwest 12th Avenue and Northwest 20th Street. Chair Suarez: Thank you. This is a public hearing item. Anyone from the public wishing to speak on PH.9? Mariano Cruz: Mariano Cruz -- Chair Suarez: Mr. Cruz. Mr. Cruz: -- 1227 Northwest 26 Street. As you can see, I live six blocks north from that intersection. In the past week, I've been delayed in traveling there on 12 Avenue. Yesterday it took me 20 minutes to navigate from 12th and 26 to 12th and 20. And they don't know the specific there, but they don't say which one of the corner. They already working in the northwest corner where the rapid transit station is, think that belong to the County. And then we got the northeast corner is Jetro and the southeast and southwest corner belong to the City. Which one of the corners it's going to be? Mr. Pascual: It's the location where the GSA (General Services Administration) maintenance plant is. Mr. Cruz: Uh-huh, okay. Because that's (UNINTELLIGIBLE) because already the DOT (Department of Transportation) has been working -- Mr. Pascual: Correct. City of Miami Page 58 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Mr. Cruz: -- on 12th and 20. Now put a big delay of traffic there, 'cause I want to know because anything there affects me, okay. Thank you. Chair Suarez: Thank you, Mr. Cruz. Anyone else wishing to speak on PH.9? Seeing none, hearing none, the public hearing on PH.9 is closed. Is there a motion? Commissioner Gort: Move it. Commissioner Spence -Jones: So moved. Commissioner Carollo: Second. Chair Suarez: Moved by Commissioner Gort, second by Commissioner Carollo. All in favor, signify by saying iiye. " The Commission (Collectively): Aye. PH.10 RESOLUTION 12-00895 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AND Works PERMITTING THE RESTRICTION OF VEHICULAR AND PEDESTRIAN ACCESS TO THE ALLEY LOCATED IN THE AREA BOUNDED BY NORTHEAST 1ST AVENUE, NORTHEAST 1ST COURT, NORTHEAST 14TH STREET AND NORTHEAST 13TH TERRACE, MIAMI, FLORIDA, SUBJECT TO CERTAIN CONDITIONS AS MORE PARTICULARLY SET FORTH HEREIN. 12-00895 Summary Form.pdf 12-00895 Notice to the Public.pdf 12-00895 Map Restriction of Vehicular.pdf 12-00895 Legislation.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PH.10 was deferred to the September 27, 2012 Commission Meeting. Chair Suarez: PH.10. Nzeribe Ihekwaba: Good morning. Zerry Ihekwaba, Public Works director. PH.10 is a resolution to authorize the restriction of the vehicle access and pedestrian access to the public alley that is located in Northeast 1 Avenue, between Northeast 14th Street and Northeast 13th Terrace. This is a request from the property owners bounding the said alley in order for them to properly service the interim parking lot, subject to Chapter 62 of the Interim Parking Lot program. Public Works has evaluated the request and recommended approval of public hearing. Subject to Chapter 54-16(h), this item requires concurrence from the Department of Police, Solid Waste, as well as from Fire, andl have written documentation from those three departments acceding to the request, subject to condition of unrestricted police access into the parking lots. Now, the -- usually, for temporary restriction of public alleys, it requires the applicant to post a covenant that will run with the land, holding and -- indemnfing and holding the City harmless, as well as carrying risk management coverages of $1 million for general liability and commercial liability and 2 million for bodily injury; in other words, holding the City harmless in all circumstances. City of Miami Page 59 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Chair Suarez: Thank you, Mr. Ihekwaba. Mr. Ihekwaba: Any questions? Vice Chair Sarnofff. So moved. Chair Suarez: Moved by the Vice Chair. Is there a second? Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. Commissioner Carollo: Discussion. Chair Suarez: Yes. Did we close the public hearing on this one? We haven't opened it yet? Priscilla A. Thompson (City Clerk): You -- right. Commissioner Spence -Jones: Did you open it? Chair Suarez: Okay. We got to open it before we close it, right? The public hearing on PH.10 is now open. Seeing no one and hearing no one, the public hearing is closed. Commissioner Carollo, you're recognized on this item. Commissioner Carollo: Thank you, Mr. Chairman. The issue I have with this item is that -- and maybe I'm wrong, so you know, I'm posting it out there so I could get clarity. But it's my understanding that a public party -- or a private party, I'm sorry, a public individual is going to use City resources, the land, to charge for a parking, and the City will not be receiving any type of compensation; is that correct? Mr. Ihekwaba: That's not my understanding. If you read the legislation, it's -- in Section 2 of the legislation, it says that the property owner shall enter into a covenant that requires that no private use may be made of the alley -- no private use may be made of the alley -- unless fully and properly vacated, which is a different legislative process. In this instance they are requesting for permission to close off the alley for security purposes only so that -- Commissioner Carollo: So -- Mr. Ihekwaba: -- they will be able to service the interim parking lot. Right now the alley bifurcates an interim parking lot location, which, by law, they are not required to obstruct, so it exposes them to possible theft issues and security concerns. The alley is currently undeveloped and is not being used for vehicle access. It's sodded and grassed so, obviously, no vehicle goes to that location. We are requiring that -- a covenant that will be entered requires a property owner to vacate the alley completely and remove the perimeter fence at the expiration of the Interim Parking Lot program, so it's subject to revocation by the City. Commissioner Carollo: I'm sorry; could you repeat that last part, Mr. Director? Mr. Ihekwaba: What I'm saying is that the covenant is revocable. You know, at any time the City decides to revoke the covenant, they can do so. In terms of compensation, I don't see any avenue for the City to recoup revenues, simply because this is an alley that is dedicated for public use by the original subdivision plats. And the plat has a reversionary clause that says, subject to any time the alley is closed by law, the adjoining property owners have rights to those alleys. Commissioner Gort: Right. City of Miami Page 60 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Mr. Ihekwaba: However, in this case, this is not a permanent request to close it. This is a temporary closure request. I will take that back. Not a closure; a restriction of access. Simply means, the City Commission or the City Manager has the right at any time of the life of this restriction to require that the restriction be discontinued. Commissioner Carollo: So at any time, the City Manager or the City Commission can revoke --? Mr. Ihekwaba: Yes. It says that in the legislation. Commissioner Carollo: Okay. What's the purpose of this closure? Mr. Ihekwaba: The closure is simply to enable the property owner carry out the requirements of Chapter 62-543 for an Interim Parking Lot program. Commissioner Carollo: An Interim -- Mr. Ihekwaba: Parking Lot -- Commissioner Carollo: -- Parking Lot program. Mr. Ihekwaba: -- program, yeah. Commissioner Carollo: Andl guess that's where I said, Is he going to be selling parking and the City will not be receiving any compensation? Mr. Ihekwaba: Obviously, the property owner has rights to utilize that property for legitimate purposes. However, the legislation, as well as the covenant that go with it, requires that the area of the alley cannot be used for any parking stalls or any form of private purposes. It can simply be used for access, like vehicles driving through them to go to a parking stall. Commissioner Carollo: Okay. But it's for -- I'm missing something here. The reason for the closure is for a parking lot? Mr. Ihekwaba: For the owner to be able to construct a perimeter fence. Commissioner Carollo: A perimeter fence -- Mr. Ihekwaba: Yes. Commissioner Carollo: -- on City -- Mr. Ihekwaba: On that -- Commissioner Carollo: -- on this land. Mr. Ihekwaba: Across the alley. The alley bifurcates the property of the owner. Commissioner Carollo: Right. Mr. Ihekwaba: So they want to construct a perimeter fence that will traverse through the alley. Currently -- Commissioner Carollo: So that -- City of Miami Page 61 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Mr. Ihekwaba: -- they don't have permission to do that. Commissioner Carollo: -- no one will pass through the alley? Mr. Ihekwaba: Yes, no one will pass through the alley. Commissioner Carollo: We had something similar in the past -- Mr. Ihekwaba: Yes. Commissioner Carollo: -- where, supposedly, if that's closed, that land was originally from the property owners. Commissioner Gort: Right. Commissioner Carollo: No? Is that similar? Mr. Ihekwaba: Okay, no. That's a different process. Chair Suarez: Vacation. Mr. Ihekwaba: That's a platting process. Chair Suarez: Right. Mr. Ihekwaba: That's a permanent closure where the reversionary clause sets in. In this case, this is simply a temporary request to close it for traffic. Johnny Martinez (City Manager): I think the Commissioner is thinking when we vacate property and half goes -- Chair Suarez: Right. Mr. Ihekwaba: Yes. Mr. Martinez: -- to one owner -- Chair Suarez: Right. It's different, right. Mr. Martinez: -- and half goes to the other. Mr. Ihekwaba: Yes. Mr. Martinez: Maybe, if we can show the -- table it for later and show the Commissioner a sketch of the alley, the properties and how the fence will be -- go. Commissioner Spence -Jones: It's in the back-up, right? Mr. Martinez: It's in the back-up. Mr. Ihekwaba: Yeah, I think it's in the back-up also. Commissioner Carollo: Can I -- can we table this? Commissioner Spence -Jones: Yeah, not a problem. I do have a question. I'm glad that -- 'cause City of Miami Page 62 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 my briefing was just a little bit different, andl didn't get a chance to see you, Zerry, so I'm sorry about that. But I thought that in the -- from what I was told on it, that it was going to be used for parking. So it's not being used for parking. They're only closing the alley -- Mr. Ihekwaba: The alley with a fence. Commissioner Spence -Jones: -- just for safety -- Mr. Ihekwaba: For security. Commissioner Spence -Jones: -- issues. Mr. Ihekwaba: Yes. Commissioner Spence -Jones: And what is the business in there, because I could not figure out what business this was? Is this a business now? Mr. Ihekwaba: Yes, this is a business. Commissioner Spence -Jones: What is the business? Mr. Ihekwaba: For interim parking lots. Commissioner Spence -Jones: What is it? Mr. Ihekwaba: Interim parking lot. Commissioner Spence -Jones: That's the name of the business? Mr. Ihekwaba: Oh, the name of the business is Gypsy K. Commissioner Spence -Jones: Gypsy what? Mr. Ihekwaba: Gypsy K. Chair Suarez: I thought you said cheapskate. Mr. Ihekwaba: K for letter "K." Commissioner Spence -Jones: Gypsy Kade [sic]? Mr. Ihekwaba: Yeah, that's (UNINTET,TIGIBT,F). Commissioner Spence -Jones: What is that? I'm just curious. What is it? Commissioner Gort: That's the name of the corporation. Mr. Ihekwaba: That's the name of the business name. Commissioner Spence -Jones: I mean, but what -- I guess since we're tabling it, can y'all tell me what -- that's the name of the company. Mr. Ihekwaba: The company name is called -- Commissioner Spence -Jones: But can you tell me what the business -- what are they operating City of Miami Page 63 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 there now? Mr. Ihekwaba: Right now it is not being operated for any specific purpose. They are in the process of securing permits -- Commissioner Spence -Jones: Oh, okay. Mr. Ihekwaba: -- for an interim parking lot. Commissioner Spence -Jones: I don't know why I thought it was -- I was thinking that it was a restaurant. Mr. Ihekwaba: No. Commissioner Spence -Jones: So it's not a restaurant? Mr. Ihekwaba: No, no. Commissioner Spence -Jones: Okay. Vice Chair Sarnofff. It would be part of a interim parking ordinance. The interim parking ordinance takes what I call moon crater -looking places, requires people to create, first, fencing, lighting, and then drainage -- Mr. Ihekwaba: Drainage. Vice Chair Sarnofff. -- and landscaping. The best example of that, Commissioner, would be -- well, the best example is Miami Dade College, right across the street from the Miami Arena, maybe a little bit south, one block south. They took the Interim Parking Lot ordinance and did exactly what we anticipated, created -- not that you can create a beautiful parking lot, but as close as you can create a beautiful parking lot, it's a beautiful parking lot. Go one block north -- Commissioner Spence -Jones: Yeah. Vice Chair Sarnofff. -- and you have somebody who claims they're grandfathered in, so it looks like moon rock. There's no fence up there. There's no lighting. Very lucrative lot. When the Heat are in the playoffs or even when -- Commissioner Spence -Jones: Yeah. Vice Chair Sarnofff. -- they're not in the playoffs, it's just a lucrative lot. So we created something three or four years ago called the Interim Parking ordinance that said, if you want to act and look like a parking lot, we'll let you phase yourself in. Commissioner Spence -Jones: Oh, okay. Vice Chair Sarnofff. You can phase in by first putting up the fencing and then we'll let you put up -- I think fencing and lighting come first. The very expensive thing is the drainage. I think that comes in the second or third year, and within five years they have come into what we call a regular parking lot. What we -- Commissioner Spence -Jones: Okay. Vice Chair Sarnofff. -- require of a new parking lot. So these folks here are asking to close off an unused City -- we have them all -- City of Miami Page 64 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Commissioner Spence -Jones: Alley. Vice Chair Sarnoff Yeah, alleyway that we don't use that looks like a crater, that looks like the moon, and be allowed to fence it in -- They're agreeing not to use it as a stall for parking -- and to create security. The interim parking lot -- Interim Parking ordinance has worked reasonably well. We're probably -- I don't know how much longer its value last because I'd say 70, 65 percent of the lots have come into compliance, but there's still 25 to 30 percent that, for one reason or another, claim they're grandfathered, claim they don't have to comply with it; and you know, candidly, I've actually debated in my own mind whether we should continue with the Interim Parking Lot ordinance, because it's probably taken 20 percent of my time as Commissioner, you know, sitting down with all the parking people downtown Miami, but we've gotten about 60 to 70 percent better -looking parking lots than we had before. I don't seem to be able to cross that threshold anymore. This is the last guy that wants to do this. I think this is close to -- am I right? -- the PAC (Performing Arts Center), right? Mr. Ihekwaba: Yes. Vice Chair Sarnoff Performing Art [sic] Center. This is a pretty crater -looking, moon -looking type -- Commissioner Spence -Jones: Alley. Vice Chair Sarnoff Yeah. Commissioner Spence -Jones: Okay. Vice Chair Sarnoff And we don't take care of it, trust me. Commissioner Spence -Jones: So in other words, this is the first step to them moving toward putting parking, but this is not for parking now? Mr. Ihekwaba: No. Vice Chair Sarnoff This is something that they're -- City of Miami Administration is requiring -- well, let me put it -- yes, in a strange kind of way, it's -- the City ofMiami Administration is requiring for him to have the requisite fencing around it. He -- you couldn't fence like half and then half. It wouldn't make any sense. Commissioner Spence -Jones: Okay. Vice Chair Sarnoff So he's asking permission, on a temporary basis, Can I fence in your -- Chair Suarez: Alley. Commissioner Spence -Jones: Alley. Vice Chair Sarnoff -- alleyway? And -- Commissioner Spence -Jones: Okay. Vice Chair Sarnoff -- this is what it's here for. Then he turns around; he applies for the Interim Parking ordinance. Commissioner Spence -Jones: I got you. City ofMiami Page 65 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Vice Chair Sarnoff It's the precursor. Commissioner Spence -Jones: So that -- this is -- that would be the second step to this. Vice Chair Sarnoff Correct. Mr. Ihekwaba: Exactly. Commissioner Spence -Jones: Okay. Vice Chair Sarnoff And it doesn't come before us. It's just an administrative procedure that Planning and Zoning handles. Commissioner Spence -Jones: Okay. Chair Suarez: So what does everyone want to do? Are we okay with going forward, or do you want to still table it for the afternoon? Commissioner Carollo: I'd rather table it. And then we have to speak about procedures and time frames and so forth because our -- I know our time is very scarce in today's meeting. So, ultimately, it's going to be a parking lot? Vice Chair Sarnoff Oh, yeah. Mr. Ihekwaba: Yes. Vice Chair Sarnoff It'll be a parking lot under the interim parking lot -- But they -- Commissioner Carollo: And the -- Vice Chair Sarnoff Go ahead. Commissioner Carollo: -- parking lot will be to service their customers or --? Vice Chair Sarnoff Yeah. Mr. Ihekwaba: Yes. Vice Chair Sarnoff It's by the PAC, so it will be a -- probably a -- Chair Suarez: Profit -making parking lot, right. Vice Chair Sarnoff Sure. It's not a not -for -profit. Chair Suarez: But not in the alley that is being closed. Mr. Ihekwaba: Not in the alley that's being restricted. Chair Suarez: And if they park cars there, then they -- that's an event -- Mr. Ihekwaba: That's a violation. Chair Suarez: -- of revocation. . City of Miami Page 66 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Mr.Ihekwaba: Yes. Chair Suarez: Right. Commissioner Gort: Listen, since -- Mr. Chairman. Chair Suarez: Yes. Commissioner Gort: Since we addressing this, I have a lot of problems in my neighborhood where you have received the e-mail (electronic) from us. Mr.Ihekwaba: Yes. Commissioner Gort: A lot of those alley was -- were created when the -- we used to serve sanitation -- Mr.Ihekwaba: Sanitation. Commissioner Gort: -- trash collection was behind the homes. That was changed. A lot of the alleys were property that people gave to the City in order to do that. Chair Suarez: A lot of them are very problematic. Commissioner Gort: Now, I have people calling me that have an alley behind them. A lot of them, they've been able to close it, because all of the property owners agreed to close it because of safety reason and if -- try to avoid some of the crime that takes place through those alley. Now, some of the people don't want to do it, but they call and they complain that they need to be cleaned up, they need to cut the grass. My understanding is, we don't own that; they do. Mr.Ihekwaba: Yeah. Commissioner Gort: So how do we fix that? Mr. Ihekwaba: There are two specific instances. If it's a private alley, the adjoining property owners are responsible for the maintenance. If it's a public alley, depending on what the original subdivision plat states, obviously, the City Public Works Department maintains some of these alleys. However, Chapter 22 of the City code clearly gives a caveat that adjoining property owners in all cases are responsible for the maintenance of the alleys. Chair Suarez: Thank you. Commissioner Carollo: Mr. Chairman. Commissioner Gort: It's a major problem that I have in my neighborhood. Chair Suarez: Yeah. Commissioner, you're recognized. Commissioner Carollo: Yeah, real quick. I'm not ready to move forward with this. We could either table it, but -- you know, I know our time is very scarce today. So you know -- Chair Suarez: Okay. Commissioner Carollo: -- like I say, at least, I'm not ready to move forward on this. Chair Suarez: Is everyone else okay with tabling it, or do we want to move forward right now? City of Miami Page 67 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Commissioner Spence -Jones: I mean, if they -- if the Commiss -- district -- I'm going to respect the fact that -- Chair Suarez: Yeah. Commissioner Spence -Jones: -- you know, you want to defer the item. I mean, are you -- if you want to defer -- Chair Suarez: Or just -- he wants to table it for the afternoon. Commissioner Carollo: Or a deferral may be even better. Commissioner Spence -Jones: Okay. If that's what you're asking for, I'll support it. Mr. Ihekwaba: May I ask, what specific information do you need, Mr. Commissioner? Commissioner Carollo: Well, I'm not clear, 'cause this appears to be the same issue where we recently had an alleyway that was requested, and it was told to us at that time -- andl don't want to misspeak andl want to look exactly what was stated. But to paraphrase, that these properties actually -- where -- when it was first platted and there needed to be an easement, that these properties were actually these homeowners or businesses, andl think they were homeowners. However, I asked, Is this the same case? And the answer is no. So I need clarity why is it different. And also, I'm not crazy about, you know, if this is City -owned property, that we are actually, you know, just -- I don't want to say giving it away, but you know -- yeah, in a way, giving it away for, you know, for -profit businesses. So I want -- I need clarity on that. Mr. Ihekwaba: May I clarify, please? In this case and in many cases, the City does not own these alleys fee simple, so really, you cannot dispose these alleys; you can only close and vacate them, and they revert back to the adjoining property owners. So, really, you don't have much options here. Commissioner Carollo: I like to review everything -- Mr. Ihekwaba: Okay. Commissioner Carollo: -- and not just, from the dais, make a decision. So like I said, right now you don't have my support on this. I really -- you know, I can go either way with regarding to -- if you want to defer it, if you want to take a vote now. I mean, I'm -- if we take the vote now, you don't have my vote. So it's to the, you know, will of this Commission, if they want to defer it or if they want to take the vote now. Chair Suarez: Okay. I think your position is very clear. So what is the will of this Commission? Do we want to table it? I have no problem tabling it for the afternoon. Commissioner Spence -Jones: I'll table it and respect that he wants a -- Chair Suarez: Yeah. Commissioner Spence -Jones: -- little more time to digest it. That's cool. Chair Suarez: I have no problem tabling it. Vice Chair Sarnoff I don't think -- City of Miami Page 68 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Chair Suarez: We'll do it. Vice Chair Sarnoff -- that's what he's really asking for. Mr. Ihekwaba: Yeah, exactly. Vice Chair Sarnoff I think he's really asking for a deferral, and I don't have a problem deferring this to the next Commission meeting. Commissioner Carollo: You know, then -- you know, I make a motion to defer PH.10. Commissioner Spence -Jones: Second. Chair Suarez: Okay, there's a motion to defer. Priscilla A. Thompson (City Clerk): Excuse me. Chair Suarez: There's a second. Yes. Ms. Thompson: Are you going to withdraw your motion and section [sic] that you have on the table already? Vice Chair Sarnoff I'll withdraw my motion. Chair Suarez: Who was the seconder? Ms. Thompson: Commissioner Spence -Jones. Chair Suarez: Commissioner, do you withdraw your second? Commissioner Spence -Jones: Yes. You want -- Chair Suarez: Yeah. You need to -- Commissioner Spence -Jones: -- Marc is seconding it? Chair Suarez: Yeah. He withdrew his motion to approve the item. You're withdrawing your second. And then he's going to make a motion to defer. You seconded the motion to defer. Okay, is that pretty clear, Madam Clerk? Ms. Thompson: Yes. Do we have a date? Chair Suarez: Okay. All in favor, signift by saying aye." The Commission (Collectively): Aye. Commissioner Carollo: September 27. Ms. Thompson: September 27. Thank you. Chair Suarez: Okay. END OF PUBLIC HEARINGS ORDINANCE - SECOND READING City of Miami Page 69 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 SR.1 12-00537 Department of Capital Improvements Program ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ ARTICLE I/SECTION 54-9 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/IN GENERAL/PLACING SIGNS ON ANY PORTION OF PUBLIC RIGHT-OF-WAY, STREET OR SIDEWALK SURFACE", MORE PARTICULARLY BY ADDING SECTION (F) TO PROVIDE DEFINITIONS OF BICYCLE SHARING AND RENTAL PROGRAM AND RELATED TERMS; TO PERMIT THE PLACEMENT OF SIGNS OR ADVERTISING ON CITY OF MIAMI BICYCLE SHARING PROGRAM FACILITIES LOCATED WITHIN THE RIGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00537 Summary Form SR.pdf 12-00537 Legislation (Version 3).pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo Note for the Record: Item SR.1 was deferred to the October 25, 2012 Commission Meeting. Direction by Vice Chair Sarnoff to the Administration to come up with a bicycle program that allows for bicycles to be interchangeable on a regional level; further directing the City Attorney to develop an ordinance that removes the advertising component from the free stand-alone advertising panels. Chair Suarez: SR.1. Albert Sosa: Albert Sosa, director of Capital Improvements. SR.1 is a second reading of an ordinance to allow for advertising within the right-of-way associated with a City -sponsored Bicycle Sharing program. Before we begin on the item, I want to point out a scrivener's error on page 3 of 4 of the actual ordinance, the definition of Downtown Business Area. The word Gast" was omitted from in front of 2ndAvenue. The way 2ndAvenue is written there, it's not specified. It's meant to be East 2ndAvenue in the downtown area. During the first reading, the feedback that we got was to limit the extent of the ordinance to only apply to the Bicycle Sharing program, and that was done by eliminating the words 5nd other transportation -related services.'So that was accomplished. And we also reduced the quantity of ad panels, as was discussed during the first reading, to a maximum of 15 -- 50, 5-0, percent of the total locations within the City. Chair Suarez: Thank you. This is a public hearing item, being that it's an ordinance. Does anyone from the public wish to speak on SR.1? Seeing none, hearing none, the public hearing on SR.1 is closed. Coming back to this Commission, is there a motion? Vice Chair Sarnoff For discussion, Mr. Chair. Chair Suarez: There's a motion for discussion as amended or as --? Vice Chair Sarnoff As modified. Chair Suarez: As modified by Mr. Sosa, okay. Is there a second? City of Miami Page 70 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Commissioner Gort: Second. Chair Suarez: There's a second. Go ahead, sir. Vice Chair Sarnofff. Thank you, Mr. Chair. First, I want to commend Albert Sosa for working with us. I could just, in general, commend Albert Sosa, but he was extremely helpful in this area. Andl want to say to the Commissioners, I want to get to the place where we can have these bike share [sic] or bike arrangements. I think they're a great idea. But what happened is we have fallen into a prism of working within their budgetary criteria as to how to accomplish this, and they're doing something different than other cities have done. Other cities have had sponsorships versus advertising. So what's the difference? Well, Nike suddenly becomes the sponsorer [sic] of the bike program, or I know that Lloyds Bank has sponsored the English program, and so major institutions have taken over sponsorship. And does that matter? Well, there are three opportunities to either get your brand out there or three opportunities to advertise. The first opportunity is on the kiosk itself, which to me is not that troubling 'cause you're going to have a kiosk; you're going to have side panels. And on those side panels it's either going to be -- let's -- I'm just going to use it euphemistically -- for the sponsorship, you have a Nike Swoosh,"very recognized trade name, very recognized symbol, probably the most recognized -- that or Apple, and that'd be great. Then you're going to have the opportunity of signage on the bike. Again, on the bike, baskets -- not a problem -- that is either going to be an advertisement or it's going to be a sponsorship. But now we're about to do something that even Miami Beach doesn't do. Miami Beach doesn't have ad panels -- Chair Suarez: Free-standing. Vice Chair Sarnofff. -- free-standing on the beach. And these ad panels -- you know, let's not kid ourselves. It's going to be the downtown, the Brickell area, and District 2 that -- that's where they want to be. And to their credit, they have restricted them to some degree. But the ad panels themselves are nothing more than ad panels. Andl feel like I've been a big -- I don't want to use the word promoter -- understander [sic] of advertising in the City of Miami, and the mural ordinance is a good understanding of advertising in the City ofMiami. If you fall into the prism of the way they want to do business, they want to advertise and create a revenue stream appropriate to what they think is turning a profit. They will be the same bikes as those bikes that are found on Miami Beach, and yet, Miami Beach will not allow them to put advertising panels on their properties. So you're falling into their branch of the tree. So now you are subsidizing the Miami Beach program at the City ofMiami side, because these are going to be the very same bikes. No doubt, you need to have the same bikes because you want an interchangeable program. You want to be able to bike from the beach, drop it off in Brickell or drop it off in Overtown or wherever you're going to put these things so that it makes sense. I mean, you want to have some -- this kind of interchange. But I don't think it's done at the expense of the citizens ofMiami. And again, you know, if you look at the downtown streets and you look at how much advertising they take in, it's like, Oh, come on, Commissioner, either -- what's wrong with a couple more panels? Or what's wrong with just throwing on a couple more advertising? And if we get into that slippery slope, you're going to see fewer and fewer mural opportunities, which is really where you get -- and I'm going to say 4 million -- I can demonstrate to you -- everybody says it's 3.5 million. I could show you it's 4 million annual recurring dollars. And if we go to the extension program, it will be $5.5 million, recurring dollars, but if you continue to erode that opportunity -- because scarcity, as you know, breeds value. If diamonds -- if we just kick the ground and diamonds came up, they could still be as hard and brilliant, as beautiful as they are right now; they'd be valueless. I want to find a way to get this done. I really do. But I fall into their prism because they'd want to do advertising. They don't want to do a sponsorship program. Andl have looked into many, many jurisdictions. Some of them have required cities to put money in, and I'm not looking to do that because, obviously, we don't have the money to put this in. But on the other hand, I want to protect the downtown in District 2 from having the City ofMiami Page 71 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 advertising panels. And I've looked at their budget. You could -- it could be a dollar more an hour for renting of this bike, andl could make the same revenue, but they choose not to do that. It is their choice. So we fall into their prism on how they want to do the program as opposed to us saying -- let's just say the Commissioners up here said, Well, we'll do exactly what Miami Beach does. Well, we're not coming to you. We can't do it. Well, that's essentially where we are. And if we can work it out from the dais, great. If we want to send this back and drill down a little more -- you know, during budget it's pretty hard for something like this to come up. I spent some time on it. They sent me their preferred spots. And then I took the opportunity to go to Miami Beach because -- You know, this certainly looks like on Miami Beach, there are panels out there, but there aren't. There aren't panels on Miami Beach because Miami Beach won't let them put panels out there. So I felt a little bit duped because -- I think even Commissioner Carollo would say, That looks like an advertising panel to me, and it looks like it's on the beach. So I don't know. I want the biking community to know: I want to find a way for this to happen. I think this is a great idea. I just don't know that it needs to come at the expense of advertising panels throughout District 2. That's all. Chair Suarez: Okay. Yes, Commissioner Gort. Commissioner Gort: Let me ask a question. My understanding is, most people within my neighborhood, they own their own bike, so I don't see -- I think this is only maybe for tourists, for people that's visiting the -- our tourist attractions where this bike will be utilized, so it's up -- Chair Suarez: Commissioner. Commissioner Spence -Jones: Let me just say -- 'cause I happen to have a little knowledge about the whole bicycle thing as well. But I just want to be clear from the Administration. I know that we're not -- clearly, this ordinance is not about what company's getting it, and we haven't really voted on which company's getting it, period, as of yet. And know you went to visit one, but the assumption is not to be made that they're going to actually win it. It could be another company that actually wins it as well. So I guess the intention -- the question about this for me would be we're just putting -- you want a -- is the idea to have this option open and available for anyone that does apply through the RFP (Request for Proposals) process; that the ordinance will now -- would allow for them to have some sort of street panels? Is that --? Okay, because I kind of got lost for a little minute and that's only because I came in late. So your concern, Commissioner Sarnoff, is that you just don't want to really see anymore panel -type advertisements, especially in the downtown area at this point because there's so much already -- between the billboards and between the murals, there's a lot of advertising going on. Vice Chair Sarnoff And just so you know I can take a criticism of somebody else, meaning, I actually looked at the advertising panels not only in my district but in you all's districts. Commissioner Spence -Jones: Yeah. Vice Chair Sarnoff They're not in good shape, you know. They're not what they said they would be. And I've talked to them, and they tell me, you know, that Miami is the most vandalized city in the United States, which I was candidly surprised to hear. I would -- I don't know who I thought would be it, butl didn't think it would be us. As a matter of fact, we're just up from Bogota and just up from some of the South American cities, you know. And to me, that's an interesting comment because I've always wondered from a graffiti standpoint, et cetera, where are we? Commissioner Spence -Jones: Yeah. Vice Chair Sarnoff And to me -- my wife will tell me not to say this, so I won't say it. It's just a problem. And so -- but okay, they've made an agreement with us that they're going to maintain these advertising panels, as well as the bus benches and the bus shelters. Andl think they need City of Miami Page 72 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 to do a better job. And before we go out there and put some more panels out there -- What I'm saying, Commissioner, is I know that -- I think we should head towards a sponsorship versus an advertising opportunity. A sponsorship is just a better way and better look to do it, whether it's a Nike Swoosh,"whether it's an Apple -- Commissioner Spence -Jones: You're talking about on the baskets or --? Vice Chair Sarnoff. Well, yeah. It becomes more of a branding thing. Commissioner Spence -Jones: Okay. Vice Chair Sarnoff. Andl think you know this better than me, because I'm not in advertising. But it becomes -- see, that panel right there is not about the bike that's being sponsored; it's about an advertising revenue. Commissioner Spence -Jones: No. I got you. So this is my -- so is it -- is your feeling that maybe we should also be deferring this item so we can also, you know, work it out a little bit more as well? Because we got budgets and we got all this other stuff that we -- Is this a time -sensitive issue right now, Albert? Mr. Sosa: It's not time sensitive. To answer your initial question, what the ordinance does is it sets parameters and maximums. It doesn't set requirements. So it does not set requirements as to how many advertising panels will be required, but rather how many would be allowed under a certain program. But no, this is not time sensitive. Commissioner Spence -Jones: Okay. So -- Vice Chair Sarnoff. It's as ifAlbert was saying, I'm going to put a bunch of 220 volt plugs throughout the City, and then ask people, Do you want a 110 or a 220? Well, people are going to come in saying, oh, I want the 220. You're creating a capacity, and you're framing the issue such that any business is going to say, I want this 'cause the City's program, that's a good program. I can make some money on that program. Commissioner Spence -Jones: Well -- so are you -- do you want to move to defer it so we can work through it? Vice Chair Sarnoff. I would. I fear andl risk losing Albert, who I think has done a great job on this. Albert, you've done a great job on this. But I feel a little bit -- I don't want to say duped -- surprised because this picture, in and of itself would demonstrate that this would be on Miami Beach. I know exactly where this is. It's on South Beach right by the Marriott Hotel. And you would think there's a panel up there. Mr. Sosa: It's an artist rendering, is what we provided. Vice Chair Sarnoff. Yeah, but it's -- but it -- you know what; it leaves the visual impression -- Commissioner Carollo: I've seen it. I've seen it. I asked for the drawing. Vice Chair Sarnoff. It leaves a visual impression that this is the way the Beach does it, and that's not the way the Beach does it, and I'm not saying we have to be Miami Beach. I'm not trying to imitate or mimic Miami Beach -- I don't want to say by any stretch of the imagination 'cause they do do some things. Commissioner Spence -Jones: And there's a few companies that do this besides DecoBike. I know there's -- Fort Lauderdale has a great one. If I'm not mistaken, I think Clear has one. So City of Miami Page 73 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 this process is going to be open, correct? Mr. Sosa: Well, that -- Vice Chair Sarnoff Yeah. I just want to make sure -- here's what I think we need to have. You need to be able to drop a Beach bike in a City rack as well because you need that interchange. I think that that's a true statement. Commissioner Spence -Jones: Oh, I see. Vice Chair Sarnoff I think you need that interchange, Commissioner, because you know, a person leaves the beach, they come downtown, and they probably want to maybe -- maybe they want to take a cab back, so you want to be able to leave that bike here in the City. Commissioner Spence -Jones: But the only thing about that, which I'm just -- it almost -- then really -- Vice Chair Sarnoff No, you're right. Commissioner Spence -Jones: -- DecoBike is monopolizing the situation. I don't know if that's -- that would be necessarily a fair process. Mr. Sosa: IfI may interject. We've had a parallel process going on since early 2011 to select a vendor for the program. That process has taken place. Commissioner Spence -Jones: Okay. Mr. Sosa: It was an RFP process. Because of subtleties involved with that, it's still within the Cone of Silence so I don't want to -- Commissioner Spence -Jones: Oh, I see. Mr. Sosa: -- discuss it openly. But there has been a process and it is taking place. This ordinance, as presented, would be -- not required but -- without this ordinance, we wouldn't be able to move forward with the program. So can the ordinance wait? Yes, it can. But that'll continue to push the program back. Commissioner Spence -Jones: Can I just ask a question, though? Because he -- Commissioner Sarnoff just mentioned it. You know, the -- was a part of the RFP process that they needed to be interchangeable? Mr. Sosa: That was not a requirement, no. Commissioner Spence -Jones: Okay. So that doesn't matter then. Vice Chair Sarnoff I don't know how that can't matter. It's -- almost reminds me of like having a train -- you know, like the trains in Broward have to decouple and then become the trains in Dade. Commissioner Spence -Jones: I agree. Vice Chair Sarnoff And the trains in Dade then have to decouple and become the trains in Monroe County. You want to make a regional feel to this. Commissioner Spence -Jones: No, I agree. Andl think what Deco has done is, you know, City of Miami Page 74 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 awesome. Andl want to just add to you, Commissioner Gort, that while, yes, a lot of people that are traveling here, you know -- tourists do use it, there are a lot of local people that use it, because a lot of times it's a lot easier for them just to jump on a bike and ride down somewhere without getting on [sic] a cab or whatever. So you do find that, you know, just locals also use it as well. Andl know, for instance, this will be great for Midtown and other little areas as well. Chair Suarez: Absolutely. Commissioner Spence -Jones: That would take us in other neighborhoods so. So we're going to defer. We're deferring this? Vice Chair Sarnoff I'd like for us to come up with a way where we don't have advertising panels. Commissioner Spence -Jones: Okay. Second. Chair Suarez: So -- wait, wait, wait, wait. Commissioner Spence -Jones: Was that a motion? Chair Suarez: Wait, wait, wait. No, no. There was -- Commissioner Spence -Jones: Okay. Chair Suarez: -- a motion and a second already, so we need to -- if we're going to change the legislation, we need to revoke the motion and the second. Vice Chair Sarnoff Right. I will -- Chair Suarez: Okay. Vice Chair Sarnoff -- revoke my motion. Commissioner Gort: So wouldl. Chair Suarez: Okay. So is there another motion that you would like to make, Vice Chair? Vice Chair Sarnoff I'd like to make an instruction to the City, that we come up with a program that is interchangeable on a regional basis. You're right, it doesn't have to be Deco. Maybe the guys from Fort Lauderdale want to -- I can't imagine riding a bike that heavy, but maybe they want to come down from Fort Lauderdale. That the bikes would be interchangeable or that -- I think it's the locking mechanism process. I think it is as simple -- andl need engineer's help here but -- Chair Suarez: But here -- andl don't mean to put obstacles. I think in government, it's so easy to just put an obstacle. I think what happened -- what may happen is the company just says that's my bike. I mean, I don't want it to be interchangeable with another company's. Commissioner Spence -Jones: I know. Chair Suarez: You understand what I'm saying? So even if mechanically they can be interchangeable -- Commissioner Spence -Jones: They may not want to. City of Miami Page 75 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Chair Suarez: -- they may not want to make it interchangeable because it's their bike, you know. That's what think maybe the obstacle is. Maybe. Vice Chair Sarnoff. But -- Commissioner Spence -Jones: I would like, if we can -- because at this point, it just seems like there's still -- and even Commissioner Carollo, he walked -- he's not here right now and he still have questions on it. So you want tojust defer it until --? I mean, on the advertising part of it, you want tojust defer that part of it? Vice Chair Sarnoff. Well, I think it's -- I think the ordinance, in and of itself needs a deferral, but I'd like to create an instruction that -- to the City to come up with an ordinance that would remove the advertising component from the free stand-alone advertising panels, the big kiosks, if you will. Priscilla A. Thompson (City Clerk): So -- I'm -- Johnny Martinez (City Manager): To remove -- to be clear, remove the advertising but not the sponsorship concept? Vice Chair Sarnoff. No, no, no, no, no. Commissioner Gort: No, no. Vice Chair Sarnoff. To -- who's got the photograph again? Mr. Sosa: It's only -- it's what we refer to as the advertising panel, which is a stand-alone panel that is not attached to a bicycle or to the payment kiosk. Vice Chair Sarnoff. Right. I have no -- that's the only thing have an issue with, is the advertising panel. So it's the 42% by width by 38% by 60 by 5 by 56 by -- Commissioner Gort: They can advertise on the basket. Vice Chair Sarnoff. -- 75 depiction. I'd like to see that removed. And then -- and you could bring the ordinance back, and then I guess -- then you have the framework, Commissioner, and then we go to the RFP process, and we'll see who bids on it. And by the way, if I'm wrong, you might say, Hey, Commissioner, it's not happening. It's not a go thing. Maybe you want to rethink about putting some advertising panels up there. Commissioner Spence -Jones: Okay, I'm fine with that. And, again, we're not voting on a company today. We're voting on the ordinance anyway so -- Mr. Sosa: Right. Chair Suarez: So -- Mr. Sosa: But for clarity, ifI may, the selection process, that RFP went out. We will work with, you know, the vendors to -- that are -- that have been part of that process to continue to make sure that whatever we do come up with is going to work for everybody, so I'll continue that process. Chair Suarez: Thank you. Commissioner Gort. Commissioner Gort: You say you don't have any problem with have the sponsorships, something City of Miami Page 76 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 like that, on the basket itself or the bicycle. Vice Chair Sarnoff No, no, no. The basket, the bicycle, the kiosk. Commissioner Gort: Yeah. Vice Chair Sarnoff The kiosk, you could put whatever you want on that. Commissioner Spence -Jones: He's talking about the individual stand-alone panels he has issue. Chair Suarez: Right. Vice Chair Sarnoff Right. Chair Suarez: It's just an additional, okay. So it's a motion to defer then? Vice Chair Sarnoff Motion to defer. Commissioner Gort: Yes. Chair Suarez: Go ahead. Commissioner Gort: Second. Ms. Thompson: I -- sorry -- just wanted to make sure because I thoughtl heard Vice Chair give two directions. On the first one you talked about the bikes being interchangeable; you had some discussion. And I'm trying to make sure, before I put this in the record, is that still part of the direction instruction to Administration or just the one part that deals with --? Vice Chair Sarnoff Can I tell you why that might be a good idea. Let's feel out the private sector to see -- Chair Suarez: They might do it. Vice Chair Sarnoff -- whether this is something they can -- Chair Suarez: Yeah, they might do it. Vice Chair Sarnoff -- buy into, and maybe there becomes -- you know, maybe we create a job, a guy that picks up the bikes from Fort Lauderdale, a guy that picks up the bikes -- I don't know. Chair Suarez: Yeah, I know. Mr. Sosa: May I ask for clarification or further input on a certain item on this? During the first reading, one of the items that was requested was a specific inclusion of language requiring that this generate revenue to the City. If -- would it be feasible to remove that language from the ordinance so that we can come up with a strategy that's cost -neutral, for example, as opposed to us keep trying to find a solution that generates revenue to the City? Commissioner Spence -Jones: I think we can. I think we need to -- everything we do at this point, we need to figure out ways to generate revenue to the City. That's what I'm saying. I think we need to work through it. But I don't think we should ever go into anything, unless it's a goodwill thing, without thinking about how we're going to create revenue. I mean, everybody sitting up here right now, we know we're counting our pennies. So I think to remove the fact that we need to generate revenue is -- would not be a good thing. So if we need to hammer out the City of Miami Page 77 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 ordinance more, then let's do that. But I think that we cannot go into this not thinking about how we're going to generate revenue. Commissioner Gort: We need reoccurring revenues. Commissioner Spence -Jones: Yes. Chair Suarez: Okay. So is there a motion to defer? Commissioner Gort: Yeah. That was a motion and a second. Chair Suarez: There's a motion and a second, Madam Clerk. All in favor, signift by saying aye." The Commission (Collectively): Aye. Ms. Thompson: I'm sorry. Chair Suarez: Motion -- Ms. Thompson: Do we have a date to come back? Chair Suarez: First meeting of October. Vice Chair Sarnoff Yeah. Albert -- Chair Suarez: He's not going to be here the first meeting of October. Vice Chair Sarnoff I know, I know. Commissioner Spence -Jones: Albert. Vice Chair Sarnoff Does it give you enough time by the first meet -- I know you're not going to be here, but will it give your office enough time by the first meeting in October? Mr. Sosa: I would -- Vice Chair Sarnoff Or do you want more time? Mr. Sosa: For the time being, I would schedule it for the second October meeting, 'cause our deadline for the first one would be in two weeks. Vice Chair Sarnoff Second meeting in October. Chair Suarez: Second meeting in October, okay. Thank you. END OF ORDINANCE - SECOND READING ORDINANCES - FIRST READINGS FR.1 ORDINANCE First Reading 12-00936 Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING THE Attorney DEPARTMENTS OF THE CITY OF MIAMI AS SET FORTH AND FUNDED PURSUANT TO RESOLUTION NO. 12-0361, ADOPTED SEPTEMBER 27, 2012, AND PURSUANT TO SECTION 19 OF THE CHARTER OF THE CITY City of Miami Page 78 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 OF MIAMI, FLORIDA, ENTITLED "CREATION OF NEW DEPARTMENTS; DISCONTINUANCE OF DEPARTMENTS;" CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 12-00936 Memo - Office of the City Attorney SR.pdf 12-00936 Legislation FR/SR.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Noes: 1 - Commissioner(s) Suarez Absent: 1 - Commissioner(s) Carollo Chair Suarez: FR.1. Maria J. Chiaro (Deputy City Attorney): FR.1 is an ordinance that is required. Because the budget is approved by resolution, our City Charter mandates that departments be created or dispensed with by ordinance. So this is an ordinance that reinforces that which you will do on the budget as relates to the departments. This is first reading of the ordinance. If you approve this on first reading today, it -- and then you will have it with second reading when the budget is created; and this ordinance will confirm, as required by Charter, the departments that are created in your approved budget. Chair Suarez: Okay. There is a -- this is a first reading. Is anyone wishing to speak on FR.1? Seeing none and hearing none, the public hearing on FR.1 is closed. Coming back to this Commission, is there a motion? Commissioner Gort: Move it. Chair Suarez: Motion by Commissioner Gort. Is there a second? Commissioner Spence -Jones: Second for discussion really -- Commissioner Spence -Jones: -- quickly. Chair Suarez: Yes, second. Commissioner Spence -Jones: Second. Just -- Johnny, I just want to be clear of -- just so you can put on the record so that we know exactly what those departments are. Is there anyone from Johnny Martinez (City Manager): There are no new departments. Commissioner Spence -Jones: Not new departments. The creation -- Mr. Martinez: This is a -- Commissioner Spence -Jones: -- of the new departments. Mr. Martinez: There are no creations of new departments. This is a catchall in case during the budget process, a department's created or deleted or removed. It's just a catchall. There are none. We're not proposing any new or less departments. Commissioner Spence -Jones: You're not -- so in other like -- in other words, like the community City of Miami Page 79 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 -- no longer called Community Development but Community and Economic Development. That is the cre -- isn't that a new -- that's just a new title for the department, not a new department. Mr. Martinez: Right. Commissioner Spence -Jones: Just want to make sure. Mr. Martinez: Yeah, like Code Compliance. Commissioner Spence -Jones: My briefing was a little bit -- Ms. Thompson: I'm sorry. I am so sorry. City Manager, we can hardly hear you. Can you speak in --? Commissioner Gort: Speak up. Commissioner Spence -Jones: No. His mike wasn't on. Ms. Thompson: Thank you. Mr. Martinez: We are not proposing creating any new departments or deleting departments. This is a catchall in case, during the budget process, a department is created or deleted. Commissioner Spence -Jones: Oh, I see. If we create it while we're sitting up here? Mr. Martinez: Right. Commissioner Spence -Jones: Okay. Commissioner Gort: Yeah. Mr. Martinez: You already have the ordinance in place so -- Commissioner Spence -Jones: No problem. Got you. Mr. Martinez: -- at second reading everything passes. Commissioner Spence -Jones: Got you. Commissioner Gort: It's our decision. Commissioner Spence -Jones: See, I didn't have the pleasure of -- Chair Suarez: So -- Commissioner Spence -Jones: -- having your wonderful briefing yesterday. Chair Suarez: I'm a little confused by that, so -- 'cause what it shows here in front of us is an ordinance which doesn't refer to any specific resolution, and it doesn't explain how it's set forth or funded. It's not signed by the City Attorney. It has no backup. So I'm a little -- I'm confused. I'll be honest with you. I was going to vote no 'cause I'm just confused so -- Commissioner Carollo: Makes two of us. Ms. Chiaro: By way of history -- I mean, you can continue this if you wish. But by way of City of Miami Page 80 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 history, the budget of the City ofMiami used to be approved by ordinance. We changed the Charter and we now approve the City budget by resolution. Your Charter, however, did not get changed -- Chair Suarez: Right. Ms. Chiaro: -- in the element that required that departments be approved by ordinance. As all this does is technically approve the departments that you fund in your budget by ordinance. Chair Suarez: Okay. Ms. Chiaro: If you -- it is a technical requirement only. Chair Suarez: Okay. There's a motion and a second. The public hearing has been closed on this item. Madam Attorney, it's an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Thompson: Your roll call. Vice Chair Sarnoff? Vice Chair Sarnoff. Yes. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: Chair Suarez? Chair Suarez: No on first reading. Ms. Thompson: The item has passed on first reading, 3-1. FR.2 ORDINANCE 12-00974 First Reading District3- AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER Commissioner Frank 62/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Carollo AMENDED, ENTITLED "PLANNING, ZONING AND APPEALS BOARD," MORE PARTICULARLY BY AMENDING SECTION 62-16, ENTITLED "APPOINTMENTS, QUALIFICATIONS," ALLOWING FOR WAIVERS OF A CERTAIN PRECLUSION TO QUALIFICATIONS BY FOUR VOTES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 12-00974 Legislation FR/SR.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Suarez: FR.2. City ofMiami Page 81 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Maria J. Chiaro (Deputy City Attorney): FR.2 is proposed by Commissioner Carollo. Chair Suarez: Oh, I don't know if -- the District 3 Commissioner is not on the dais, so I'll just assume that he doesn't want to vote on this item or -- Commissioner Spence -Jones: Can somebody let him know? Chair Suarez: We'll move on. SR. 2. FR.2. Vice Chair Sarnoff FR.3, right? Commissioner Spence -Jones: FR.3. Vice Chair Sarnoff FR.2 is what he needs to be here for. FR.3. Chair Suarez: Oh, I see. You're saying he needs to be here for FR.2. My apologies. FR.3. I got confused. I thought you meant you wanted him to vote on FR.1. Priscilla A. Thompson (City Clerk): I'm -- I meant District 3. Chair Suarez: Got you. Sorry. FR.2. I'm sorry. Do you want to be here on FR.2 or (UNINTELLIGIBLE) just --? Commissioner Carollo: Yes. Chair Suarez: Okay. Now we're on the same page. Commissioner Carollo: FR.2? Chair Suarez: Yes, sir. You're recognized. Yes. Commissioner Carollo: Thank you. Chair Suarez: Of course. Commissioner Carollo: Mr. Chairman, fellow Commissioners, this is an ordinance on first reading. And in essence, what this ordinance stipulates that right now for certain boards appointees that we have, if they are a County or City employee, they cannot serve unless we have a four fifth waiver. However, it so happens that for the Planning, Zoning and Appeals Board, we don't have that waiver. Chair Suarez: Requirement. Commissioner Carollo: So all this is asking is to just ask other boards and committees, that we apply that waiver. Chair Suarez: Same standard. Commissioner Carollo: Right, same standard. Chair Suarez: Got it. Commissioner Carollo: Simple as that. City of Miami Page 82 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Chair Suarez: Is that your motion? Commissioner Carollo: I move to -- Chair Suarez: Approve it. Commissioner Carollo: -- approve it. Chair Suarez: Okay, is there a second? Commissioner Gort: I second. Chair Suarez: Go ahead, Vice Chair. We had opened up the public hearing, but go ahead. Vice Chair Sarnoff Because I remember putting Betty Gutierrez. Commissioner Carollo: Exactly. Chair Suarez: That's who I think you (UNINTET,T IGIBT,F). Commissioner Carollo: And actually, I was told after the fact when I'm trying to appoint yet another County employee that before when I had done the four fifth waiver, that that was an error. Therefore, we have to change the ordinance in order to -- Vice Chair Sarnoff Did this change as a result of 21, or was this something that was a mistake made when appointed Betty? Commissioner Carollo: No. Apparently -- I'm not sure if it was the change of 21. Madam City Clerk. Priscilla A. Thompson (City Clerk): In May 2010, if I'm not mistaken, between April andMay, the code for -- we used to have the Planning Advisory Board and the Zoning Advisory Board. Between April andMay, those boards were merged. Chair Suarez: Combined, right. Ms. Thompson: Okay. This particular provision was in both of those, and it traveled with the new code as well. As I explained to Commissioner Carollo when we met, when Ms. Gutierrez was appointed to not Planning, Zoning andAppeals Board, but one of the other boards -- Vice Chair Sarnoff Zoning. Ms. Thompson: -- she -- right -- was granted a waiver, okay. Vice Chair Sarnoff Right. Ms. Thompson: What happened in our office, we missed it. When the new code went into effect, we missed the fact that she should -- Chair Suarez: Needed a four fifths. Ms. Thompson: -- not have been given a waiver because she'd already received a waiver before, okay. So she has been serving on the board without that waiver and -- mistake of the office, okay -- she's continued to serve. When we went through the applications for the new process -- I'm sorry -- for the new vacancies on the Planning, Zoning andAppeals Board, when we went City of Miami Page 83 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 through the apps, we noticed that one of the applicants works for the County. Went back, checked the code; said you can't do it unless you have a waiver. Go back and check the code for the board that says, Oh, this one can't be waived. So what we have there in this particular instance is something different than what we have in our general provisions for the board. I'll let you know that this Planning, Zoning and Appeals Board is not the only board that has that provision where something cannot be waived. It varies. It varies according to the requirements of the position -- I'm sorry -- the board. It varies according to the code. So those things we have to look at as the board appointments come up. But in the general provision for your boards, service on the boards, there is a mechanism for waiving that employment. Chair Suarez: Got it. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: Are you clear, Commissioner Sarnoff? Vice Chair Sarnoff. I am. Commissioner Carollo: Okay. Any questions? Chair Suarez: Yeah. There's a motion and a second. I have some drafting questions that have to do with subsection (e), subsection (1) and subsection (2). I don't know why you -- why the 8r1vas taken out there. Because I'm assuming you want to make it an either/or on all three, correct? Ms. Chiaro: Yes. And you're correct. I thought about that. We were going to add the 8r. "It's -- that's -- Chair Suarez: Okay. Ms. Chiaro: -- a good catch. Chair Suarez: Do you need an 8r'between the (1) and the (2) as well? Ms. Chiaro: Yes. Chair Suarez: Okay. So you need -- so does the maker and the seconder agree to those minor scrivener's modifications? Commissioner Carollo: Yes. Commissioner Gort: Yes. Chair Suarez: Yes. Okay, so there's a motion and a second. This is a public hearing item because it is an ordinance. Anyone from the public wishing to speak on FR.2? Seeing none hearing none, this is an ordinance of our very capable City Attorney. Ms. Chiaro: Thank you for the correction. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Thompson: Your roll call on this modified ordinance on first reading. A roll call was taken, the result of which is stated above. City of Miami Page 84 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Ms. Thompson: The ordinance has been passed on first reading, 5-0, as modified. Chair Suarez: Thank you. FR.3 ORDINANCE 12-00845 First Reading District 1- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Wifredo (Willy) Gort AMENDED, ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE", MORE PARTICULARLY BY CREATING NEW SECTION 18- 110, ENTITLED , "ADOPTION OF FLORIDA VETERAN BUSINESS ENTERPRISE OPPORTUNITY ACT", WHICH ADOPTS BY REFERENCE, THE FLORIDA VETERAN BUSINESS ENTERPRISE OPPORTUNITY ACT , PROVIDING A VENDOR PREFERENCE IN THE MANNER PROVIDED BY THIS STATE ACT ; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00845 Legislation FR/SR.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Suarez: FR.3. Commissioner Gort: FR.3 is the -- an ordinance that I requested. It's following the ordinance that was passed by the State giving preference to Florida Veteran and [sic] Business Enterprise Opportunity Act, which adopt by reference the Florida Veteran Business Enterprise Opportunity Act, provides vendors preference in the manner provided in the State act; providing severability clause and providing for effective date. You want to go over it? Kenneth Robertson: Good morning, Commissioners. Kenneth Robertson -- Commissioner Gort: It's like local preference. Mr. Robertson: -- Purchasing Department. This ordinance effectively adopts Florida Statute 295.187 with the sole caveat that the City would first apply its own local preference ordinance. And then if the result of applying or nonapplying the local preference ordinance would result in a Florida veteran business enterprise. Receiving a preference, it would be applied as a tie -breaker. Chair Suarez: Thank you. This is an ordinance requiring a public hearing. Anyone from the public wishing to speak on FR.3? You look like you may be coming. Mr. Cruz, you're recognized. Mariano Cruz: Mariano Cruz, 1227 26. I am speaking also as a veteran. Chair Suarez: Okay. Thank you. Mr. Cruz: The service (UNINTELLIGIBLE) disability, you know, something that happen -- pretty soon will be October -- 50 years of the October crisis, okay, andl still paying for that October crisis, you know, carry a cane and problem. And even like I say -- but then I didn't go to the Army looking for disability. I went there to fight the communists. That's why I went there City of Miami Page 85 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 andl still paying for it. We need to take care of the veterans. Because like they told me when I (UNINTELLIGIBLE), it was no time limitation on service (UNINTELLIGIBLE) disability so there shouldn't be any time limitation on any benefit for veterans, okay. Thank you. Chair Suarez: Thank you, Mr. Cruz. Anyone else? Mr. Muhammad. Grady Muhammad: This is -- Commissioner Gort, this is great resolution. I have a lot of family that's in the military. And one of the problems, they come out -- my brother, 22 years Desert Share -- Desert Storm; he can't even touch a gun. And because of those provisions, you have to be able to be in business. He's still working. But I think with this, we help veterans be able to get -- own businesses, not just get a job because most of them -- some of the skills they got -- they come in from the military don't apply in the civilian life, and so some of them usually create their own jobs. Sometime they become -- they got PTSD (Post Traumatic Stress Disorder). They got other issues. But I think we need to help veterans more now than ever because their unemployment is at 11 percent while we at 8.1 general percent. Andl think veteran businesses definitely need those assistance, as well as a job. Thank you. Chair Suarez: Thank you, Mr. Muhammad. Anyone else wishing to speak on FR.3? Seeing none, hearing none, the public hearing on FR.3 is closed. Coming back to this Commission, is there a motion? Commissioner Gort: Move it. Commissioner Spence -Jones: Second. Discussion. Commissioner Carollo: Second. Chair Suarez: Moved and seconded by everybody else. Yes, Commissioner Spence -Jones. Commissioner Spence -Jones: I just want to acknowledge my colleague that sits on -- to my right Chair Suarez: Good luck trying to figure out who second it. Commissioner Spence -Jones: -- for his leadership on this issue. I don't think we do enough to support our veterans, andl think that this shows, you know, definitely this City is very sensitive to many of their -- those issues. For those that watched the DNC (Democratic National Convention), we saw how many soldiers had been affected by the war and coming back home and not having any support. So I just wanted to say to my fellow Commissioner and all my Commissioners that sit on the dais, but especially to him, thank you for believing and supporting the veterans. Chair Suarez: I think we all saw you at the Democratic National Convention with the "Believe" Commissioner Spence -Jones: You saw my "Believe"? Chair Suarez: -- the big "Believe" sign, yeah. Doing your part, doing your part. Thank you, Commissioner. Thank you. I think it's a wonderful ordinance. It's been moved and seconded: 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. City of Miami Page 86 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. END OF FIRST READING ORDINANCES RESOLUTIONS RE.1 RESOLUTION 12-00669 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE 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 TO ENTER INTO AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; 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 12-00669Addendum No. 2.pdf 12-00669Addendum 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 (Version 2).pdf 12-00669 Exhibit 1 09/13/12.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item RE.1 was deferred to the September 27, 2012 Commission Meeting. Chair Suarez: RE (Resolution) -- well, I guess RE.1. Do we want to do that now in terms of discussing whether we're going to defer it or not? RE.1 was the James L. Knight -- Vice Chair Sarnoff Yeah. Chair Suarez: -- Center. Vice Chair Sarnoff Let me just, you know, say why I wanted to -- well, I made a representation to the Global Spectrum folks probably throughout the past five, six weeks and then certainly as of probably three days ago that I would be asking for a deferral of this. Andl don't want to blindside anybody by, you know, saying no longer want that deferral because I don't know if they did whatever it is they wanted to do or didn't do whatever it is they wanted to do. Andl treat a corporation just like I treat a person. IfI told a community organization -- and by the way, do I regret telling them this? You know, I don't know. I mean, I didn't plug myself into this City of Miami Page 87 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 as much as I would have liked to because of budget. But I don't want to -- and if you guys want to over -vote me, I won't -- I'm okay with that. But I made a representation to a group of people that was going to ask for a deferral on that. I don't know if they relied on that representation of mine. I would -- again, I would treat them exactly as I treat a homeowners organization by saying, no, I'm not going to hear that now. Andl don't want to -- number one, I don't want to go against my word. And number two, I don't want someone to have reasonably relied upon a representation I made that I think, more or less, we give each other deferrals, certainly on a first-time basis, when we ask for them. I take no substantive position with SMG or with Global Spectrum. I just didn't think would be prepared to deal with this and that's it. That's all want to say. Chair Suarez: And can I --? Do you want me to --? Go ahead. No, I was just going to say what you would be asking for is a deferral for one meeting, correct, Commissioner? Vice Chair Sarnoff Oh, I'm sorry. I didn't realize -- Chair Suarez: Vice Chair. Vice Chair Sarnoff -- it was deferred once. I did not know that. Chair Suarez: It's been deferred once, yeah. Vice Chair Sarnoff I apologize. Commissioner Carollo pointed it out to me. I did not realize this was deferred once. Chair Suarez: So what you're requesting is a deferral for -- Commissioner Carollo: And -- Chair Suarez: -- one more meeting, correct? Vice Chair Sarnoff Yeah, that's it. Chair Suarez: I'm just -- Vice Chair Sarnoff Yeah. I could hear this -- Commissioner Carollo: And Mr. Chairman. Chair Suarez: Yes, yes. Commissioner Carollo: I -- you know, I guess quietly I said the second time 'cause it is the second deferral. It's not the first deferral. However, I don't have an issue with deferring, you know -- Chair Suarez: Right. Commissioner Carollo: -- when you ask for it or when Commissioner Spence -Jones 'cause usually that is the common courtesy that I've mentioned. Andl think I've had a long discussion on it where that is the perceived way we handle ourselves. However, on certain occasions, when one Commissioner has asked for it, it has not occurred. But anyways, with that said, I do think it should be the common practice andl think it should be something that we should all be considerate of our colleagues. So I'm okay with both deferrals, just for the record. Commissioner Spence -Jones: Okay. Let me just say, first of all, I'm definitely going to adhere to City of Miami Page 88 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 the deferral request and that is a -- generally a common practice that we do have on the dais to support, you know, each other, you know, if we need a little bit more time. And there have been occasions when all of us sitting up here have made decisions on deferrals that, you know, we've decided to vote on issues because, for whatever reason -- maybe they were urgent issues or things that we needed to address. I don't have a problem with waiting until the next meeting, but what I do want to do is at least put a few things on the record. The first thing is I just want to have clarity from my City Attorney from my briefings yesterday -- is I know that -- and Madam City Attorney, just make sure -- I want to make sure I'm clear. When does Global's agreement end? Because I think that is the problem. Before our next City meeting, to my understanding, the agreement -- Chair Suarez: The day before. Commissioner Spence -Jones: -- will be over, correct? Henry Torre (Director, Public Facilities): Correct. Commissioner Spence -Jones: So just so -- I just want to be clear of that first. Mr. Torre: It was extended. There was one extension granted and it expires September 23. Commissioner Spence -Jones: Okay, so we just need to agree here as a body that at this point it's not going to come back to us in front of -- until the 27th? Mr. Torre: Twenty-seventh is the next meeting. Chair Spence -Jones: But we have to agree as a body that, you know, we're cool with the extension actually happening until the 27th, correct? Chair Suarez: Yeah. Do we have to vote on that separately -- Commissioner Carollo: Well -- yeah. Chair Suarez: -- Madam Attorney, or is it just -- Commissioner Carollo: And -- Chair Suarez: -- lapsing for one day and then the next day we have a meeting? Commissioner Carollo: -- is there --? Commissioner Spence -Jones: I just want to make sure 'cause that was one of the things that came up in my briefing -- Commissioner Carollo: And is -- Commissioner Spence -Jones: -- that, Michelle, we have to vote on this item because as of the 27th -- Chair Suarez: Twenty-sixth, yeah. Commissioner Spence -Jones: -- their agreement will be expired. Commissioner Carollo: And will there be -- City of Miami Page 89 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Commissioner Spence -Jones: Is that true? If it's not, it's fine. Commissioner Carollo: -- any negative repercussion to the City for deferring? Kenneth Robertson: Kenneth Robertson, Purchasing director. The contract will expire before the next City Commission meeting on September 23. The City Manager does have the authority under Section 18-90 under the emergency procurement code to administratively extend the contract for however long the Commission deems fit or the City Manager deems fit. That extension would have to come back to the Commission for ratification by a four fifths resolution. The two -month extension was under $25, 000, so that did not require a four fifths bid waiver, but any additional extensions beyond two months would require a four fifths bid waiver resolution. Chair Suarez: Okay. Commissioner Spence -Jones: Okay, so that's -- Chair Suarez: So what you're saying is -- Commissioner Spence -Jones: -- I just want to make sure that -- that information is important for us to know and at least operate. And thank you, Madam City Attorney, for making that clear. So I guess we all agree with the extension and there not being an issue on that. I just want to just say on this issue really quickly, first of all, just in general when it comes to this whole RFP (Request for Proposals) process, you guys know this was something that I was pushing for; had nothing to do with Global. It had everything to do with getting the most revenue out of these agreements and contracts that we have with existing vendors. And from day one when Henry came on board, was excited that he came from, you know, private industry and came with some great visions and ideas of things that needed to get done. And this was one of the main things that know that we worked on to try to at least figure out how we can get more resources out of, you know, the overall deal. I want to state on the record as well, you know, that, you know, I have friends on the Global side. You know, Jeannie (phonetic) is a big supporter of the City and a Believe, you know. I have a church member sitting in the back, you know. And Lorenzo, we've been always close, so this is not about for me a personal relationship. This is about we have a process. We put a process in place and it's about respecting the process and having fairness and transparency. Now I know Carollo andl know Commissioner Sarnoff and especially Commissioner Gort, you guys have constantly talked about -- andl know even on your blue pages, Commissioner Gort, you want to know how are RFPs put together, who's sitting on the -- all of those things, which I think are very important issues. We went through a whole process to make a deci -- for the staff to make a decision who's going to be the person that actually gets it. It happens to be a better business deal for the City ofMiami and, yes, I understand that there are some questions around it, but there's a process even with the questions. If you have a question on the issue, you have the opportunity to protest the bid and that didn't happen. So I'm just simply saying -- and I'm not, you know, saying one way or the other. I know we still have to vote on this issue based upon the deferral, but I just -- as a good leader, I think we all have the responsibility to follow and respect the process. And our constituents depend on us going through the proper process, andl think we have in this situation. I know I asked the Manager, Mr. Manager, if you feel that we need to do something different or, you know, your staff perhaps, dropped the ball or something happened that wasn't right, let us know, you know, and that wasn't the case. So I just think it's really important that we send a loud message not only to City staffers 'cause they have to work for all of us and the City, for the residents that are watching this every single day that we did not interfere with the process and we allowed for it to take its natural course and this is the result of the natural course. So I asked the question -- 'cause I wanted to make sure when I looked at all of the backup on the SMG proposal and I looked at all the theaters and all of the venues that they run and, you know, clearly, the folks are qualified. Every single person sitting up here -- andl look at the people that were the evaluators on, you know, the panel on this issue. And if there's one person I know we all agree with that's City ofMiami Page 90 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 done an outstanding job with managing facilities and operating a facility and keeping it in the black is Tim Schmand. He sat on the committee, you know. And if Tim has given us very high recommendations on this, I mean, how do you go against somebody that's doing this every single day, that manages a major -- you know, or works along with a major provider to run and operate a facility. I just think we can't say on one end we have to have a process and then when the process does not -- you know, because of our -- for whatever reasons we may feel that on the one end, we really don't want to hurt or disappoint anyone, that we decide to sway away from what we know is truth. I want to do -- I want us to make decisions up here based upon process. Right now process says the winning person should get the bid. That's what it says, you know. And at the end of the day -- I'm going to shut up after this, but at the end of the day, I just want to side with truth. I just want to be fair. I just want to be just, and l just want to do the righteous thing. And we know this going into anything and the decisions we have to make, you now, one side is always going to be hurt and disappointed; I understand that. But then you learn from that situation to make sure that you -- your proposal the next time is tighter. But I think we send the wrong message when we don't side with what we know is right. Vice Chair Sarnoff. Mr. Chair. Chair Suarez: Yes. Vice Chair Sarnoff. First off that was a great -- I wish I made that statement. I mean that. I echo your thoughts. The only reason I'm not prepared to hear this today is 'cause I made a representation to somebody. I think you're -- Commissioner Spence -Jones: I understand. Vice Chair Sarnoff. -- dead right. Everything you said, I wish I was as eloquent as you were in saying it. I -- but the only reason I'm not proceeding forward today is I just made a representation to somebody that, you know what, I don't think I'm going to be ready to hear this and I think they have the right to rely upon me in saying that, but I think you're dead right in everything you said. Vice Chair Gort: Yep. Chair Suarez: Okay. Neisen Kasdin: Mr. Chair. Chair Suarez: Yes. Mr. Kasdin: My -- briefly for the record, Neisen Kasdin, Akerman Senterfitt, representing the recommended winning bidder, SMG. I just want to put something on the record. And it is hard to add anything to what Commissioner Spence -Jones said, but for the record, it should be clear that the other party, Global Spectrum, actually bid on this item. They were not recommended. And in fact, our client was the unanimous recommended awardee by the selection committee. They failed to follow the rules and procedures of the bid process in the City of Miami; did not file a bid protest. So at this forum here and individually as well, it is not proper for you to be hearing from them now objecting to the process that they participated in, submitted a bid on and failed to object within the time required. They do not have standing to be objecting -- Chair Suarez: I understand. Mr. Kasdin: -- to the process or the bid at this time. And if they are entertained, then what you are doing is undermining the process and the sanctity of public bidding and sending a very bad message to people who want to bid on projects in the City. So, for the record, I think it's City of Miami Page 91 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 important -- we have another two weeks if this is deferred. Chair Suarez: Right. Mr. Kasdin: There are people who are going to be trying to lobby you -- Chair Suarez: Right. Mr. Kasdin: -- but it is not appropriate for them to be lobbying you because they did not follow the legal procedures set out by the City of Miami for objecting to a bid or the procurement process. Chair Suarez: Thank you, sir. Mr. Kasdin: Thank you. Commissioner Spence -Jones: Mr. Chairman, I just want to be clear -- Chair Suarez: Yes. Commissioner Spence -Jones: -- real fast. Madam City Attorney, is this a true statement or fact? Julie O. Bru (City Attorney): I generally agree with Mr. Kasdin that this is not -- at this point, the unsuccessful bidder really has no right to address the Commission as an unsuccessful bidder because they did not file a timely protest. Now, as with all public hearings, at the discretion of the Chair and as a member of the public, they can access their elected officials, but what's going on here should not be characterized as a bid protest or as a matter of right or as -- Chair Suarez: Right. Ms. Bru: -- anything that has to do with the actual process. Chair Suarez: I understand. Miguel De Grandy: Mr. Chairman -- Chair Suarez: Yes. Mr. De Grandy: -- ifI may for a minute. Part of the reason that we were asking for a deferral -- And for the record, Miguel De Grandy, 800 Douglas Road, on behalf of Global -- is precisely because we feel that we need an opportunity to make a presentation to you in a public forum and you had a very tight timeframe. Now, I agree with you andl agree with the City Attorney andl agree with Mr. Kasdin that if you do not protest an event, then you shouldn't bring it up here. The problem is what we're protesting is events that occurred subsequent to the recommendation. There as a recommendation to negotiate with SMG and then in those negotiations, staff negotiated a fee that was not proposed by SMG. Now in this country, we have a thing called due process and due process gives you a right to complain of a -- of an action of government. Now my client could not have complained -- unless it was clairvoyant -- about negotiations that had not occurred. But my client does have a due process right to bring to you a complaint as to things that occurred subsequent to the recommendation. To say otherwise is to say that after a recommendation, any public agency can commit whatever arbitrary and capricious act and there is no remedy. And so that's why we wanted a deferral because we do need an opportunity, with all due respect, a due process opportunity to present our case and you decide it on the merits. Chair Suarez: Thank you. So -- City of Miami Page 92 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Mr. Kasdin: Mr. Chair, ifI may, for the record. I have to formally object to entertaining Mr. De Grandy's comments and have great respect for Mr. De Grandy as an attorney and as an individual. But the fact of the matter is he's not a person off the street. He represents someone who was a bidder, who participated in the process, who had specific rights and opportunities to object to both the process, that is the bid document itself and the responses to the bid and he did not. He has received reams -- abundance of due process on behalf of his client -- Mr. De Grandy: Not as -- Mr. Kasdin: -- more due process than citizens are allowed. And therefore, it is not appropriate and most jurisdictions will not have a situation like this where someone who is a losing bidder and didn't protest can come up and try to undermine the bid process at this late state. Chair Suarez: Okay. Mr. Kasdin: It's very bad government and he's received more than ample due process and -- Chair Suarez: Okay. Mr. Kasdin: -- hasn't availed himself of it. Chair Suarez: Okay, thank you. What we have now on the table is a motion to defer and a second. I will take your arguments under advisement in conjunction with the City Attorney in terms of determining whether at the next hearing there'll be any opportunity for any of the parties to speak on the substantive things that have occurred. Grady Muhammad: Mr. Chair, only thing I would ask -- Grady Muhammad, Miami -Dade First -- is the employees, the current employees of Global Spectrum be gone on with SMG 'cause there's no commitment right now and these are City employees. Andl know we can't afford to be putting employees out. So only thing I'm putting on the record, for whomever is the winning bidder -- right now it's -- Commissioner Spence -Jones: Yeah. Mr. Muhammad: -- SMG, without question and it should still be SMG, without question 'cause they did the fair process -- Commissioner Spence -Jones: Yes. Mr. Muhammad: -- and -- but there's -- there is a verbal commitment, but there's nothing in writing andl would like to state for the record that we would definitely, Miami -Dade First would definitely want SMG to take over the current employees of the James L. Knight Center or Global Spectrum. Thank you, Mr. Chair. Commissioner Spence -Jones: And let me just add. Chair Suarez: Sure. Commissioner Spence -Jones: Of course, by all means, the objective is never to see anyone lose their job. So -- because we're not actually addressing the issue of their agreement or contract or we're voting on that issue, as Commissioners, we can add those things as we go when the item actually comes in front of us. Right now we're not talking about any part of the contract. Chair Suarez: Right. City of Miami Page 93 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Commissioner Spence -Jones: We're only talking about the process itself. So I do want the -- I'm glad you put that on the record, Grady, because I don't want the employees leaving here today feeling that they now are going to be without jobs because I know that every single Commissioner up here supports people keeping their job. So when we get to that -- Mr. Torre: Commissioner, ifI may. I just -- Commissioner Spence -Jones: Yes. Mr. Torre: -- wanted to correct one thing. Henry Torre, director of Public Facilities. The employees there now are not employees of the City ofMiami. Commissioner Spence -Jones: Yeah, I know. Mr. Torre: They're employees of Global -- Chair Suarez: But -- Mr. Torre: -- and they're -- go ahead. Chair Suarez: -- I think the point that the Commissioner's making and that Mr. Muhammad made is that -- is there -- we hope to hear -- if the Commission goes forward with the recommendation -- that there's some sort of a transitional plan involved. Mr. Torre: There has been. Chair Suarez: Okay. Mr. Torre: And consideration has been given by SMG to retain all the employees -- Chair Suarez: Okay. Commissioner Spence -Jones: Okay. Mr. Torre: -- give or take. Chair Suarez: Thank you. Vice Chair Sarnoff Mr. Chair. Mr. De Grandy: Mr. Chairman, ifI may, just one thing. As you consider whether you will provide that right, if I would invite you to ask your City Attorney, your City Manager, your staff did the negotiations occur before or after the recommendation because if they occurred after the protest period expired, I respectfully submit -- Chair Suarez: I will do that. Mr. De Grandy: -- we deserve an opportunity. Chair Suarez: I will do that. I will do it. I don't want to get into a big argument. Commissioner Spence -Jones: Oh, guys, guys. Vice Chair Sarnoff Mr. Chair, Mr. Chair. City ofMiami Page 94 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Chair Suarez: Yes. Vice Chair Sarnoff I'm going to make a motion with apologies to my fellow Commissioners because I made the representation, something) will -- Chair Suarez: It's okay. Vice Chair Sarnoff -- no longer make -- to defer this 'til the next Commission. Chair Suarez: It's a motion to defer. Is there a second? Commissioner Spence -Jones: Second. Commissioner Carollo: Second. Chair Suarez: All in favor, signift by saying "aye. " The Commission (Collectively): Aye. Chair Suarez: Thank you. We will stand in recess. It's exactly -- Commissioner Spence -Jones: You don't want to take this last item. This is -- you only got one left so we'll be done, right? Chair Suarez: Which last item? Commissioner Spence -Jones: No, we got a lot. Chair Suarez: I wish that was the last item. We will stand in recess until 2 p.m., and then we'll take up the Gusman Center at 2. We'll do the Omni CRA (Community Redevelopment Agency), and then we'll do the tabled item that the -- Commissioner Carollo asked for. RE.2 RESOLUTION 12-00745 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID General Services RECEIVED MARCH 5, 2012, PURSUANT TO INVITATION FOR BID NO. Administration 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 12-00745Addendum No. 1.pdf 12-00745 Invitation for Bid.pdf 12-00745 Legislation.pdf City of Miami Page 95 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Sarnoff and Carollo R-12-0305 Chair Suarez: Do we want to run through our BCs (Boards and Committees) before --? Commissioner Spence -Jones: We still have REs (Resolutions), so can we do those until all the Commissioners -- I think the item that, Mr. Chairman, is -- that we would have next is -- Chair Suarez: RE.18 and 19. Commissioner Spence -Jones: Right -- Is that next? Chair Suarez: No. Well, no. That was the time certain 2 o'clock one. Commissioner Spence -Jones: Oh, so -- Chair Suarez: But if you want, we can just start going through them. Commissioner Spence -Jones: Let's just go through our REs. Chair Suarez: Okay, RE.2, until we have a full Commission. Commissioner Spence -Jones: Yeah. Chair Suarez: Yeah. We could probably get a lot done. Commissioner Spence -Jones: Yeah. Yeah, you'll -- Chair Suarez: And you know that. Commissioner Spence -Jones: Yeah. Chair Suarez: Go ahead, RE. 2. Ricardo Falero (Director, General Services Administration): Yeah. RE.2 is a resolution of the City Commission accepting the bid received on March 5, pursuant to invitation 291262 from Graybar Electric Company, the sole responsive and responsible bidder, for L.E.D. (Light Emitting Diode) accent luminaire fixtures. The contract is a one-year contract with two additional one-year periods. This is for the lights around the Coral Way (UNINTELLIGIBLE). Chair Suarez: Yes. Andl -- could some -- can we entertain 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. Can you please put your name on the record, sir. City of Miami Page 96 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 RE.3 12-00693 District 2- Commissioner Marc David Sarnoff RE.4 12-00849 City Commission Mr. Falero: Ricardo Falero, director of GSA (General Services Administration). Chair Suarez: Thank you. I just want to thank -- I want to thank your office. I want to thank Public Works andl want to thank Procurement for working together to get this done. This was very important to me. It was very frustrating from the moment got elected to count every time I drove down Coral Way how many lights were -- Mr. Falero: A hundred and thirty. Chair Suarez: -- inoperable. I'm sorry? Mr. Falero: It's 130. Chair Suarez: Yeah, exactly. And then there were some days where, you know, it seemed like we made an effort to try to fix them and it never fully worked out. So I appreciate your effort. Mr. Falero: You're welcome. Chair Suarez: There's a motion and a second. All in favor, signifi, by saying aye. The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO DISCONTINUE THE PAYPHONE PILOT PROGRAM ESTABLISHED PURSUANT TO RESOLUTION NO. 01-449, ADOPTED MAY 10, 2001; FURTHER DIRECTING THE CITY MANAGER TO TAKE ALL STEPS NECESSARY TO REMOVE SAID PAYPHONES FROM ANY AND ALL RIGHTS OF WAY WITHIN THE CITY OF MIAMI, REGARDLESS OF OWNERSHIP. 12-00693 Pre-Resolution.pdf 12-00693 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Sarnoff, 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.3 was deferred to the October 25, 2012 Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING , AS CITY CLERK, TO SERVE UNTIL JANUARY 15, 2013, WITH THE COMPENSATION AND EMOLUMENTS TO BE DETERMINED BY THE CITY COMMISSION. 12-00849 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be DEFERRED 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 97 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Note for the Record: Item RE.4 was deferred to the September 27, 2012 Commission Meeting. Chair Suarez: Okay, so I guess now we're in the discussion items. Actually, we have one item, but I'm assuming that Commissioner Carollo will want to be here, which is the appointing of the interim Clerk. Are we supposed to draw straws to do that or how are we supposed to do that? Priscilla A. Thompson (City Clerk): I have -- oh, no. I have no idea. I -- just following the agenda. Chair Suarez: Yeah. Are we flipping a coin? Ms. Thompson: I have no idea, sir. Commissioner Spence -Jones: I'm like mad confused about this item. Chair Suarez: Oh, my God. You don't even know. That makes two of us. Commissioner Spence -Jones: I mean, I thought that part of our discussion on this item was that we were going to identify at least an existing person that's already on staff so that -- Chair Suarez: Right. Commissioner Spence -Jones: -- we're not dealing with a very important election that's coming up in November -- Chair Suarez: Correct. Commissioner Spence -Jones: -- already that may have several issues that are going to be going on around elections, you know; that we wanted to at least make sure we don't bring anybody from the outside that may even create any questions to the outside public as to whether or not, you know, they were brought up to speed to handle a major election. Chair Suarez: You mean, you don't want to hire an outside consultant to -- Commissioner Spence -Jones: No. Chair Suarez: -- make that decision? Commissioner Spence -Jones: You're being bad. I thought we were -- Chair Suarez: Sony. Commissioner Spence -Jones: -- going to just take somebody from the inside. Wasn't that our discussion? Chair Suarez: Yeah. I think you're right. Commissioner Spence -Jones: And then I got a list with like 30 people on it. Chair Suarez: I think you're right. I think you're right. Commissioner Spence -Jones: Is that for them -- is the list -- not 30. It might have been, what -- how many, Madam City Clerk? It was -- City of Miami Page 98 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Ms. Thompson: Okay, ifI might. I think it was a two -prong discussion. I think you got off in discussing two different areas. And one of the things that resulted from that second prong was that you all wanted us to go -- well, you all developed a selection committee -- Commissioner Spence -Jones: Yes. Ms. Thompson: -- and a process, okay. The Human Resources Department came up with the schedule; you all reviewed it. You asked that sit on the ranking committee, which we did. Commissioner Spence -Jones: Yes. Ms. Thompson: And what you saw in that packet that was delivered to you is the result of your nationwide search and ranking -- Commissioner Spence -Jones: Right. Ms. Thompson: -- for the City Clerk's position, okay. Commissioner Spence -Jones: And that's for the January position? Ms. Thompson: The one that will be effective until January, you mean? That's what you mean? Commissioner Spence -Jones: Yeah. Ms. Thompson: No, no. Commissioner Spence -Jones: (UNINTET,TIGIBT,F). Ms. Thompson: No. It's my understanding that the one that we went through would be your actual City Clerk. Commissioner Spence -Jones: No. I know, but -- I -- we need to pull the notes up from -- 'cause I know that was very clear in the discussion that we should still continue on the main process to search for a Clerk, which we didn't want that to stop, but in the meantime -- because I did not want to have someone come on board -- November's what, two months away now? Sixty days away? Chair Suarez: Quick. It's coming quick. Commissioner Spence -Jones: But we already see what's happening on a national level, and especially in Florida, around elections. I just didn't want us to bring in somebody new. We just -- we need really that person to kind of carry us out to November. Ms. Thompson: That was -- like I said, you had a two -prong discussion. Now, according to the schedule we have here -- and this is what was discussed at the June 28 meeting -- it says right here that today's meeting, September 13, you all would appoint an interim clerk. Commissioner Spence -Jones: Right. Ms. Thompson: Okay, so that's what this is today. The packet that you received, that was for appointment of your City Clerk. Commissioner Spence -Jones: Yeah, right. Ms. Thompson: Okay. City of Miami Page 99 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Commissioner Spence -Jones: I think -- Mr. Chairman, I'd rather wait on that -- on the City Clerk 'til later. Chair Suarez: No, I agree. Commissioner Spence -Jones: I think that our objective right now, though, is to really -- Ms. Thompson: I'm sorry. According to your schedule -- and I'll share it with you -- I'm sorry -- December 13 is on your schedule for your appointment of the City Clerk. Chair Suarez: Right. Ms. Thompson: You want to see this? Commissioner Spence -Jones: Okay. So, really, we're not really looking at the main list right now? Right, we're just looking at in-house folks that are there. Ms. Thompson: I don't know -- Commissioner Spence -Jones: Andl believe we started -- I know I started having a couple of people come by already to -- Chair Suarez: I've had one now. Commissioner Spence -Jones: -- talk to me about, you know -- I just think that we need a little -- is there any way we could either table this 'til later on this afternoon or -- Chair Suarez: Absolutely. Commissioner Spence -Jones: -- can we table it --? When is Priscilla's last day? Ms. Thompson: September 28, 2012. Chair Suarez: After the next meeting. Commissioner Spence -Jones: Okay, so we got Priscilla until -- Chair Suarez: What time? Ms. Thompson: Five o'clock p.m. Commissioner Spence -Jones: Listen, we have her until -- Chair Suarez: We got one more, right. Commissioner Spence -Jones: -- September 27, so I think we have time to -- Chair Suarez: Let's defer. Commissioner Spence -Jones: -- do that. Andl think we all should have a conversation with Priscilla too -- Chair Suarez: Right. City of Miami Page 100 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Commissioner Spence -Jones: -- because at the end of the day, you know -- Vice Chair Sarnoff It won't help. I tried Chair Suarez: Yeah, I agree. Vice Chair Sarnoff It won't -- I mean, it won't help. Chair Suarez: I tried too. Vice Chair Sarnoff She will not make a recommendation. She will not -- Chair Suarez: She created this cute little thing called an 'A band" and a `B band" and a -- Vice Chair Sarnoff Right. Chair Suarez: -- "C band." Ms. Thompson: No, no, no. Chair Suarez: Yes, you did. Ms. Thompson: No, no, no. Chair Suarez: Yes, you did. Ms. Thompson: Priscilla and the Department of Human Resources, as you had asked us to do, had to go through the ranking of these individuals. Andl said to the HR (Human Resources) director, you all have more experience in coming up with a `formula" for the ranking, which I shared with all the Commissioners here. They understood that didn't have -- I didn't think had that expertise to come up with the formula, so the formula -- Commissioner Spence -Jones: Priscilla -- Ms. Thompson: -- was develop -- Commissioner Spence -Jones: -- in your next life, you're running for office, right? Chair Suarez: Yeah, yeah. That's right. Ms. Thompson: No, ma'am. And honestly -- Chair Suarez: Can we hire you on -- Ms. Thompson: -- Vice Chair -- Chair Suarez: -- a consultancy basis -- Ms. Thompson: No, sir. Chair Suarez: -- after the 28th? No, we can't -- Ms. Thompson: No, sir. Chair Suarez: -- do that? City of Miami Page 101 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Ms. Thompson: No, sir. Chair Suarez: No? Sony. I'm acting -- Ms. Thompson: My mommy says I need to be home with her. Chair Suarez: -- up again. I'm sorry. Commissioner Spence -Jones: So you can't carry us until the November election? Ms. Thompson: My mommy says I -- Commissioner Spence -Jones: Do you know how crucial this election is? Ms. Thompson: I do, but my mommy comes first. Commissioner Spence -Jones: Okay. Ms. Thompson: I'm sorry. And as Vice Chair said, I will not make a recommendation. I'm sorry, I'm sorry. But I think I don't need to be in it. You all are going to be working with these people. Please, I will not answer. I'm going to take the Fifth. Chair Suarez: Well, here's -- can I try to add some mortar to this? I think you've expressed a preference not to do the temporary clerk today because -- Commissioner Spence -Jones: No. Chair Suarez: -- she'll be here next meeting. So let's -- Chair Spence -Jones: Yeah. Chair Suarez: -- postpone that one more meeting. I think we need to really focus on it. And even though we have budget, we need to figure out what we're going to do there. So meet with whoever is on the A band. Everybody meet with the A band people. Commissioner Spence -Jones: That's already on staff. Chair Suarez: That's already on staff okay. And then I think we need to do a similar process to how we selected our auditor general, which is that we had -- Vice Chair Sarnofff. That was ugly. Chair Suarez: Well, it was ugly the first time, for sure. Commissioner Spence -Jones: Yeah, I know. Chair Suarez: The second time -- yeah. And it's hard because we don't have -- we have sunshine prohibitions. We can't talk to each other. It's always -- Commissioner Spence -Jones: But I think that we have at least -- we have worked with -- Chair Suarez: Right. Commissioner Spence -Jones: -- the folks on all levels in that department. So I think it's just a City of Miami Page 102 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 matter of us having, you know, a discussion and having a system put in place on how we're going to collect or make the votes for that person. Chair Suarez: Okay, cool. Vice Chair Sarnoff She gave us the A band. Commissioner Spence -Jones: Right. Vice Chair Sarnoff In the A band there are three -- Chair Suarez: I think I (UNINTELLIGIBLE) two, but -- Vce Chair Sarnoff -- maybe four City employees -- three -- Commissioner Spence -Jones: Who are the four? Who are they? Do you know, Marc? Vice Chair Sarnoff Todd -- Commissioner Spence -Jones: Dwight. Chair Suarez: Dwight. Vice Chair Sarnoff -- Dwight, somebody else from their office. Forgive me, I don't remember. And then I think -- did Barnaby make the A band? Chair Suarez: No. Vice Chair Sarnoff Sorry, Barnaby. Commissioner Spence -Jones: No, but he's not -- Vice Chair Sarnoff Where is Barnaby, since I want to give him something back? Chair Suarez: Poor Barnaby's in the C -- Vice Chair Sarnoff Barnaby, you didn't make the A band, buddy. Chair Suarez: Poor Barnaby's on the C band. Poor Barnaby's on the C band. I noticed that. Poor guy. Commissioner Spence -Jones: I was like, Barnaby, where are you going? Chair Suarez: It's okay, Barnaby. We love you, but you're on the C band, buddy, so it's all good. Vice Chair Sarnoff I want to keep you in Zoning so I can get some more of those lawyer letters. IfI don't hear from you, I'll be passing the world and my budget. Thank you very much. Commissioner Spence -Jones: But Barnaby has the greatest hairdo, doesn't he? Chair Suarez: Absolutely. Vice Chair Sarnoff He does. No, he's got the best hair man. Commissioner Spence -Jones: Yeah, right? City of Miami Page 103 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Vice Chair Sarnoff Anybody that can grow hair faster than him, there's no one. So, all right, we have three -- Commissioner Spence -Jones: Is it three? Vice Chair Sarnoff Is it three? Isn't it --? Commissioner Spence -Jones: I'm waiting for the Chairman to tell us. Vice Chair Sarnoff Is it three? Ms. Thompson: I shared the summary sheet with -- Chair Suarez: I see Dwight. I see Todd. And Pamela used to be here. Commissioner Spence -Jones: We're talking about people that are here now. Chair Suarez: Right, I got you. And -- It doesn't identi -- who else is here that's on -- that's -- ? Commissioner Spence -Jones: It's only two? Chair Suarez: There's only two. That's what I thought. Okay, good. Vice Chair Sarnoff Two? Okay, sorry. Chair Suarez: I thought like -- I thought maybe I didn't know someone's name and they worked in the department, so I felt bad for a second there. But no, it's good. We're good. So it's only two. Commissioner Spence -Jones: It's only two. Chair Suarez: So we just flip a coin. Commissioner Spence -Jones: No. I think -- Chair Suarez: No. Commissioner Spence -Jones: -- we should -- as Priscilla does so well, we'll take our last vote with Priscilla before she leaves. Chair Suarez: I think that would work. Commissioner Spence -Jones: But, please, whatever you do, Priscilla, the grading system and -- can we come up with a simple ballot? Ms. Thompson: Definitely. Commissioner Spence -Jones: Yes/no or 1/2 or something like that. Ms. Thompson: Let me say this diplomatically. Sometimes, in order to do things properly, it can't be "as simple as you think." That's all I'll say. Commissioner Spence -Jones: Okay. City of Miami Page 104 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Ms. Thompson: You want the transparency. You want to be able to show that this is how we did it; this is why we did it. We'll come up with a very simple ballot, and you want us to have that available to you by when? Commissioner Spence -Jones: We should have it before the next meeting so we can at least be ready to -- Chair Suarez: Yeah, if you can, please. Commissioner Spence -Jones: -- roll with it. Chair Suarez: Yeah. Ms. Thompson: And -- Commissioner Spence -Jones: But -- Chair Suarez: And just to be clear, the next meeting we'll be choosing the temporary person. Commissioner Spence -Jones: The interim. Chair Suarez: The interim. And then -- Ms. Thompson: So here's my question. Are you going to give me the directions of who you want included on that ballot? Chair Suarez: Right now I think it's only -- Commissioner Spence -Jones: We just -- I thought we -- Chair Suarez: -- two people. Commissioner Spence -Jones: -- said the top two in the A. Ms. Thompson: Okay. Chair Suarez: Two people on the A band that work in your office, Dwight Danie and Todd Hannon. Ms. Thompson: Okay. Chair Suarez: Okay. Thank you. Vice Chair Sarnoff And I see why Barnaby didn't make the A band now: a D+ in Torts? Where is Barnaby? Commissioner Gort: I have a question. Vice Chair Sarnoff Where is Barnaby? Chair Suarez: But he got an A+ in Contract Writing. Vice Chair Sarnoff He did, he did. But where is the tort guy? Chair Suarez: Legal writing, legal writing. City of Miami Page 105 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Commissioner Gort: Question. Chair Suarez: Yeah. Commissioner Spence -Jones: Yes. Commissioner Gort: We are to name a temporary from A band? Commissioner Spence -Jones: Yeah, unless you wantA andB; that's fine. You wantA andB? Commissioner Gort: Why can't that just be the -- why does it have to be temporary? Commissioner Spence -Jones: Because I think that we really need to have a real thought going into picking our Clerk. I want -- I would like to have more time to look at the whole entire list. Commissioner Gort: All right. Commissioner Spence -Jones: Andl really want the election -- I really don't want us to have no issues in November. Chair Suarez: That's true. Commissioner Spence -Jones: I really don't. Chair Suarez: That's important. That's very important 'cause the world is watching. Commissioner Spence -Jones: Exactly. Chair Suarez: And let me tell you -- Commissioner Spence -Jones: And we're not going to have the City ofMiami in any way -- Chair Suarez: No. And let me tell you, a presidential election came down to a few thousand votes a -- Commissioner Spence -Jones: I know. Chair Suarez: -- couple of election cycles ago so. Commissioner Gort: Hundreds. Chair Suarez: Right, a few hundred, that's true. Commissioner Spence -Jones: How many? Chair Suarez: A few hundred. A few hundred in Florida. Commissioner Spence -Jones: Okay. Chair Suarez: So, okay -- Commissioner Gort: Okay. Chair Suarez: All right, cool. So is there a motion to defer this to the next Commission meeting? City ofMiami Page 106 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Commissioner Spence -Jones: So move. Commissioner Gort: Move it. Chair Suarez: Moved by the -- by Commissioner Spence -Jones, second by Commissioner Gort. All in favor, signifi, by saying "aye." The Commission (Collectively): Aye. [Later...] Chair Suarez: (UNINTET,T IGIBT ,F) portion. Elvi, from the Agenda Office, asked me to just clam for the record. I think it's a clarification, Madam Clerk, if I'm not mistaken, but if we have to take a vote, we'll take a vote. Andl think you said it was RE.4, that if we had postponed the temporary -- I'm sorry, the interim Clerk decision to, I think, September 27, if I'm not mistaken -- Ms. Thompson: That's correct. Chair Suarez: -- then we needed to also push back the -- we also needed to push back the selection of the five candidates, the whittling down of the five candidates to October 11, to the October 11 meeting. Is that correct? Ms. Thompson: If that's your wish. Chair Suarez: Is that something that we need to do by motion or is it something that we can just Ms. Thompson: Well -- Chair Suarez: -- for scheduling? Ms. Thompson: -- what -- you did -- I'm sorry. On the RE.14 [sic], you did make a motion -- Chair Suarez: Right. Ms. Thompson: -- that took care of the resolution that was on the agenda, okay. The other part to it was on your schedule. It had not been placed on the agenda yet. It was to be placed on the agenda, okay. Chair Suarez: Okay. Ms. Thompson: So the first part you've already dealt with. Chair Suarez: Okay. Ms. Thompson: Now, if you're saying you want to amend your schedule, there was nothing in the resolution that had your schedule in it. I think it's just something you can go ahead and amend, but I leave that up to you all. If you want to clam and say on the record that we'll be bringing back an item for the -- to decide or discuss -- Chair Suarez: Right. Ms. Thompson: -- those five candidates, you can. But the item before you, by taking that vote to City of Miami Page 107 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 defer, cleared out that item, okay. It's just your schedule. Chair Suarez: Okay, so what do we do? Ms. Thompson: Well, I mean, very -- frankly, I think you could just schedule -- Chair Suarez: Right. Ms. Thompson: -- the other -- the selection of the five for the meeting in October. Chair Suarez: Okay. But do I have to do that by motion or can we just say that we're doing that right now? Ms. Thompson: When I -- I don't think you need a motion 'cause -- Chair Suarez: Okay. Ms. Thompson: -- it was a schedule. Chair Suarez: Okay. Ms. Thompson: But you can say right now we're going to have a discussion item on the October Chair Suarez: Got it. Ms. Thompson: I'm sorry -- 11 meeting whereby -- Chair Suarez: Okay, so what we'll do is we're going to -- okay. We had a schedule that we had adopted that required us to appoint an interim today, which we didn't do. We had moved it to the 27th. So we're going to move what was supposed to be done on the 27th to the 11 th of October, which is to select the top five candidates. Commissioner Spence -Jones: Okay. Chair Suarez: That makes sense, okay. Okay, that's what we're going to do. Thank you. Ms. Thompson: All right. Chair Suarez: Thank you. RE.5 RESOLUTION 12-00846 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ADDING THE CITY OF CORAL SPRINGS AS A PARTICIPATING AGENCY IN THE MIAMI URBAN AREA SECURITY INITIATIVE ("UASI") GRANT FISCAL YEAR 2009, PURSUANT TO RESOLUTION NO. 10-0290, ADOPTED JULY 8, 2010; AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, SETTING FORTH THE RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE. City of Miami Page 108 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 12-00846 Summary Form.pdf 12-00846 Modifications to Grant Agrmt.pdf 12-00846 Federally -Funded Subgrant Agrmt.pdf 12-00846 Subgrant Forms & Reqmts.pdf 12-00846 Pre-Legislation.pdf 12-00846 Legislation.pdf 12-00846 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Sarnoff and Carollo R-12-0306 Chair Suarez: I'm going to skip RE.4 because that's appointment of a city clerk, some sort of temporary city clerk, so we'll wait 'til later on that one. RE.5. Commissioner Spence -Jones: RE.5? Chair Suarez: Yeah. Reginald Duren: Reggie Duren, Deputy Fire Chief. RE.5 is a resolution adding the City of Coral Springs as a participating agency in the Miami Urban Area Security Initiative, or UASI, grant fiscal year 2009, pursuant to resolution 10-0290; authorizing the City Manager to execute a memorandum of agreement. Chair Suarez: Thank you. Is there a motion? Commissioner Spence -Jones: So moved. Chair Suarez: Moved. Is there a second? Is there a second? You want me to second it? Commissioner Gort: He's waiting for me. Chair Suarez: Yes, sir. Commissioner Gort: Yeah, I guess I have to second it. Chair Suarez: Okay. It's been seconded reluctantly. All in favor, signifi, by saying "aye.' The Commission (Collectively): Aye. RE.6 RESOLUTION 12-00847 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ADDING THE CITY OF CORAL SPRINGS AS A PARTICIPATING AGENCY IN THE MIAMI URBAN AREA SECURITY INITIATIVE ("UASI") GRANT FISCAL YEAR 2010, PURSUANT TO RESOLUTION NO. 11-0478, ADOPTED NOVEMBER 17, 2011; AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT ("MOA"), IN SUBSTANTIALLY THE ATTACHED, FORM SETTING FORTH THE RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND City of Miami Page 109 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 SUPPORT OF THE UASI PROJECTADMINISTERED BY THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE. 12-00847 Summary Form.pdf 12-00847 Letter - State of Florida. pdf 12-00847 Federally -Funded Subgrant Agrmt.pdf 12-00847 Pre-Backup.pdf 12-00847 Subgrant Forms & Reqmts.pdf 12-00847 Legislation.pdf 12-00847 Exhibit 1 .pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Sarnoff and Carollo R-12-0307 Chair Suarez: RE. 6. Deputy Fire Chief Reginald Duren: RE. 6 is a resolution of the City Commission adding the City of Coral Springs as a participating agency in the Miami Urban Area and Security Initiative for grant year 2010, pursuant to resolution 11-0478; authorizing the City Manager to execute a memorandum of agreement. Chair Suarez: Is there a motion? Commissioner Spence -Jones: I want to make sure my partner over here is okay. He's a little delayed. Chair Suarez: Any discussion? Whatever you want. Commissioner Gort: I'll make it for discussion purpose. Chair Suarez: Okay. Motion for discussion. Is there a second --? Second for discussion. Commissioner Gort. Commissioner Gort: Question: How many cities are we entitled to have in this, and do we get additional funds every time we add any cities? Deputy Chief Duren: I don't believe there's a limit to the number of cities that can participate. Remember, this is a regional grant -- Commissioner Gort: Right. Deputy Chief Duren: -- and part of reasons why we're bringing in Coral Springs is for training purposes. They have a training facility we'd like to use. In order to fund them, they have to be part of the -- that grant year. Commissioner Gort: In other words, we are going to supply training to the City of Coral Spring [sic] -- what is the city? Deputy Chief Duren: Coral Springs will be providing regional training or participate in training for the entire region, so you'll have various cities throughout the tri-county area. City of Miami Page 110 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 RE.7 12-00848 Department of Fire -Rescue Commissioner Gort: The region. How many counties are involved in the region? It's the whole Deputy Chief Duren: Three. Right, you've got Palm Beach, Broward, Dade, and Monroe. Commissioner Gort: Okay. Chair Suarez: Thank you. Commissioner Gort: All right. Chair Suarez: Any further questions, Commissioner? Commissioner Gort: No. 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), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDEMNIFICATION AND HOLD HARMLESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, INDEMNIFYING MIAMI-DADE COUNTY ("COUNTY") FOR LOSSES AND DAMAGES FROM THE CITY OF MIAMI'S USE OF COUNTY -OWNED SCOOTERS WHILE PERFORMING OFF -DUTY FIRE -RESCUE SERVICES AT THE MARLINS BALLPARK. 12-00848 Summary Form.pdf 12-00848 Legislation.pdf 12-00848 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.8 12-00852 Department of Planning and Zoning 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 1001 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, TO HOST VARIOUS TEMPORARY EVENTS BEGINNING SEPTEMBER 15, 2012 AND ENDING DECEMBER 31, 2012. 12-00852 Summary Form.pdf 12-00852 Legislation.pdf NO ACTION TAKEN Chair Suarez: RE.8. City of Miami Page 111 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Barnaby Min: Barnaby Min, Zoning administrator. I don't know if you want to wait for the district Commissioner. Chair Suarez: Sure. If you think that's wise, we'll wait. [Later..] Chair Suarez: You want to stand in recess --? Commissioner Spence -Jones: (UNINTET,T IGIBT ,F) go ahead and take an item (UNINTELLIGIBLE) -- Chair Suarez: Yes. Let's do RE.8, which is waiving the temporary two -event permit. I think there was -- a district Commissioner wasn't here when we had that item, which is RE.8. Commissioner Spence -Jones: (UNINTET ,T IGIBT ,F). Chair Suarez: Yes. Commissioner Gort: RE.8. Chair Suarez: RE.8. We skipped over it, yeah. Mr. Min: Barnaby Min, Zoning Administrator. Chair Suarez: Yeah. Mr. Min: RE.8 is a resolution waiving the time frames for the temporary permits that are allowed for 1001 South Miami Avenue. The resolution does not approve the actual permits that will be issued. Each permit has to be reviewed on a case -by -case basis by the -- all the disciplines, which will include police, fire, building, zoning, and any other discipline that would be affected. It simply waives the time frame to allow the property to actually apply. Chair Suarez: Thank you. Is there a motion? Vice Chair Sarnoff. Let me -- I'll make a motion for discussion. Commissioner Spence -Jones: Second. Chair Suarez: Motion and a second for discussion. Vice Chair Sarnoff. Barnaby, what if I were to tell you I thought predominantly most of this neighborhood is suffering -from event fatigue? Mr. Min: I would concur with that statement. Commissioner Gort: I'm sorry. I didn't hear you. Suffering from what? Vice Chair Sarnoff. Event -- Chair Suarez: Event fatigue. Vice Chair Sarnoff. -- fatigue. Commissioner Gort: Oh, okay. City of Miami Page 112 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Chair Suarez: Have you heard that one before? I like it. Vice Chair Sarnoff And what ifI were to tell you that the Chief of Police had his concerns about this event fatigue as well? Mr. Min: I would also concur with that statement. Vice Chair Sarnoff So why is it that we're bringing over, without consulting the district Commissioner -- andl realize I'm not as important as some of my colleagues -- but why is it that we're bringing this in front of a full Commission when the district Commissioner hasn 't suggested it might be a good idea? Mr. Min: Respectfully, I did reach out to the office,andl think the concern that was expressed was to check with the police department. Andl did speak with the police department and they are on board. They expressed the same concerns. But, again, each application would be reviewed on a case -by -case basis. So without the resolution passing, you would not be able to have Christmas tree sales at that location. You would not be able to sell pumpkins at -- Vice Chair Sarnoff Is that all this is about is Christmas trees? Mr. Min: No. This one is in fact -- what they're planning in October is an Octoberfest type of an event. Vice Chair Sarnoff Right. Mr. Min: Whether that will actually happen is a completely different story. But without a resolution, the property would not be able to apply for any kind of event whatsoever. Vice Chair Sarnoff Here's what I recall of this whole situation. I recall some e-mails (electronic) going back and forth andl recall asking the Chief of Police what he thought. And for the first time -- and to his credit -- I saw a chief of police sayingl think this is going to affect the quality of life of that neighborhood 'cause I think -- I think it's his expression -- they have event fatigue, or some words to that effect. Andl was really quite pleased to see a chief of police actually considering quality of life as something he should be governing. Andl thought it was great -- I thought it was really great for Chief Orosa to come up with that. And then -- andl thought that was pretty much the end of it because I thought the Chief said, well, I think there are too many events and what I've seen over there, that some of them have gotten a little bit out of hand. And then you send me an e-mail that says, Commissioner, ifI don't hear from you, I'm going to put this on the agenda. Now that's -- that's about right; am I wrong on that? Is that about the way I got it? Mr. Min: Again, my recollection is that I was instructed or requested to speak with the Chief of Police, and if the Police indicated that they had no objections, then it could be placed on the agenda. Vice Chair Sarnoff So maybe -- you did see the e-mail that I saw with the Chief where he's having the objection. Mr. Min: Absolutely. Vice Chair Sarnoff I didn't see the e-mail where they withdrew their objection. Mr. Min: There was a meeting that I met with special events that were sent by Chief Orosa. City of Miami Page 113 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Vice Chair Sarnoff Okay. Mr. Min: I believe it was Lieutenant Gonzalez, and ifI recall correctly, Commander Sanchez, although I don't remember if it was Commander Sanchez or not. Vice Chair Sarnoff Well, here's my thinking. I don't want to stand in the way of anybody's Christmas tree at all, but I don't necessarily -- I mean, I've been down there, for instance, two times a year that seems to be pretty rugged, October and March, 'cause it's Saint Patrick's Day. And apparently, there are more Irish bars down there than you can shake a stick at. And who would have known that there are so many Irish people in the City ofMiami? But I think everybody turns Irish around March. Commissioner Gort: Where do you think Gort came from? Vice Chair Sarnoff I was just going to say Commissioner Gort. He's a good -- Chair Suarez: Does sound pretty Irish. Vice Chair Sarnoff -- that's a good Irish name. Again, I hear what you're saying is, Commissioner, just pass this; we still have a relief valve, and that relief valve is we will not approve anything unless everybody is on board. I'm very hesitant to do so. How can I get my hesitancy taken from me? What about this -- Mr. Min: I'm happy to include the D2 (District 2) office in the review process of any permit application that comes in for that address. And if there's any other conditions that perhaps any of the disciplines did not consider, we'll, of course, take those into consideration. From my recollection, I believe -- andl don't want to misspeak for the Chief -- the concern was more about the street closures and how it affects traffic versus actual events at the location. But, again, if I'm misspeaking, I'm happy to be corrected. Vice Chair Sarnoff Could l just hear from the Chief real quick? 'Cause, Chief I got to commend you on this one because I -- you actually brought up the quality of life. I think you were the first person to talk about it. Chief Manuel Orosa (Police): Yeah. The -- Commissioner, the main problem I have is, first of all, the street closures and redirecting traffic and how it affects all the restaurants. This particular item, you have two or three restaurants that want to close and create a, lack of a better word, party atmosphere for that event, which affects the other restaurants. Vice Chair Sarnoff Right. Chief Orosa: And like you said earlier, we have two Irish restaurants, but then the Mexican restaurant wants to be part of that. And when we have Cinco de Mayo, the Mexican and all the Irish restaurants -- and then when we get a German restaurant, it's going to be Oktoberfest. And when do we stop? So I agree with each business having two events and go from there. Vice Chair Sarnoff Two events could bring you -- Commissioner Gort: For each event. Vice Chair Sarnoff -- 50 -- Commissioner Gort: For each business. Chief Orosa: Excuse me? City ofMiami Page 114 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Commissioner Spence -Jones: Huh? Commissioner Gort: Two events for each business. Chief Orosa: I think the code allows two events for each business. Commissioner Gort: And how many businesses are they? Chief Orosa: Well, these particular restaurants, they're having it at the same day. Commissioner Gort: Okay. Chief Orosa: Rosa Mexicana has them at basically -- to celebrate Cinco de Mayo. The Irish is Commissioner Gort: Seventeenth of March. Chief Orosa: -- in March. Vice Chair Sarnoff The Irish celebrates Saturday. Commissioner Gort: March. Chief Orosa: Exactly. So -- Chair Suarez: It's a weekend celebration. Commissioner Gort: So it's the whole weekend of party. Chief Orosa: Yeah. No, more. It's about a couple months apart. But like leaving it open for anybody to go and participate and close down the street or even rent the park -- not the park -- the empty parking lots, it adds a burden to some of the restaurants, specifically (UNINTELLIGIBLE), which, when I go around, they tell me, hey, you know, we got the drunks coming in here and we try to hire cops and the cops are for the street. And it creates a problem for those little restaurants there that are not part of the event. Vice Chair Sarnoff And here's how I see it, Chief. I see a very successful neighborhood that, in and of itself with the flowing of traffic, works extremely well. And while I think that they're entitled to some event closures, I just don't think they're entitled to an unlimited amount. So I feel like what we have in place is correct. Chief Orosa: And Coconut Grove, the same thing. We had tons of event back in the '80s, and in the '90s the Grove got tired of it and they decided to do 12, 1 a month. This may be something of a similar nature. Vice Chair Sarnoff So, Mr. Chair -- Chair Suarez: Yes. Vice Chair Sarnoff -- I'm going to withdraw my motion. Chair Suarez: Motion withdrawn, which means the second is not important because the motion is withdrawn. Is there another motion? Would you like to make another motion? City of Miami Page 115 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Commissioner Spence -Jones: You're withdrawing it to not have it happen? Chair Suarez: Right. Vice Chair Sarnoff No. It was a motion -- right, to allow it to happen. I believe if -- Chair Suarez: Would you like to --? Vice Chair Sarnoff -- I leave it where it is, it just dies. Chair Suarez: Would you like --? Well, if nobody makes a motion, then it gets, what, tabled? Priscilla A. Thompson (City Clerk): No. On this particular instance, you had a motion to approve; it's been withdrawn. Chair Suarez: Correct. Then there's no motion. Ms. Thompson: If you take no action on it -- Chair Suarez: Right. It rolls to the next Commission meeting. Ms. Thompson: -- if you -- you're not going to do anything -- is it your intent not to do anything at all? Vice Chair Sarnoff Right. What happens? Chair Suarez: It rolls to the next Commission meeting. Ms. Thompson: No, no, no, no. Maria J. Chiaro (Deputy City Attorney): If you take no action on it, it is not approved. And unless it is placed on another agenda -- Chair Suarez: Okay. Ms. Thompson: Right. Ms. Chiaro: -- it will not be approved. Chair Suarez: There you go. All right. Vice Chair Sarnoff Which is really the best place for it to be, 'cause if somebody can come up with a great compelling argument -- Chair Suarez: Right. Vice Chair Sarnoff -- it leaves it in abeyance so they can -- Chair Suarez: Perfect. Vice Chair Sarnoff -- Barnaby can then write me another letter in about two weeks and says, if I don't hear from you, I'm going to put this on the agenda. Barnaby, you'd make a great lawyer. I don't know about Zoning director, but great lawyer. Mr. Min: Try my best. City of Miami Page 116 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 RE.9 12-00879 Ms. Thompson: Wait. Let's be clear. Let's be clear, please, okay. You're taking no action on this. Vice Chair Sarnoff I'm taking no action. Ms. Thompson: Then we will show "no action taken." Then if and when it needs to be placed on the agenda again, it will be placed on the agenda again. This item, this file number will not come back. Vice Chair Sarnoff That's fine. Ms. Thompson: Okay. Chair Suarez: Okay. So no action is taken on this one. Sorry. Mr. Min: That's okay. Thank you. Chair Suarez: I think I was the one that gave him the recommendation to say -- to write it that way. Mr. Min: Have a good day. Vice Chair Sarnoff Oh, did you? Chair Suarez: I think so. I'm not sure. Was it that one? Was it that one that I gave you that --? Was I the one that gave you the recommendation to put that? Oh, no, it wasn't? Okay, sorry. Can't take credit for that. RESOLUTION Department of NET A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $100,000, TO AN EXISTING SPECIAL REVENUE PROJECT ENTITLED: "2011-2012 HOMELESS HOTEL/ MOTEL PLACEMENT PROGRAM, FEEDING COORDINATION PROGRAM AND HOMELESS MANAGEMENT INFORMATION SYSTEM ("HMIS") STAFFING", CONSISTING OF AN EXTENSION OF AN EXISTING GRANTAWARD FROM THE MIAMI-DADE COUNTY HOMELESS TRUST, TO CONTINUE PROVIDING HOTEL/MOTEL ACCOMMODATIONS TO HOMELESS FAMILIES, STAFFING FOR HMIS, AND FEEDING PROGRAM COORDINATION; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER 3 TO THE AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE EXTENSION OF THE AGREEMENT AND THE ACCEPTANCE OF SAID GRANT. 12-00879 Summary Form.pdf 12-00879 Letter - Extension &Amend. Agrmt. Hotel&Motel.pdf 12-00879 Legislation.pdf 12-00879 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 117 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Sarnoff and Carollo R-12-0308 Chair Suarez: RE.9. Sergio Torres: Sergio Torres, City ofMiami Homeless Assistance Program administrator. RE.9 is a resolution to accept an amendment number -- the third amendment to the contract that we have with the Miami -Dade County Homeless Trust to provide shelter from -- shelter -- hotel placement to homeless families. This amendment will bring an additional $100, 000 to add up to $500, 047. Chair Suarez: Thank you. Is there a motion? Commissioner Spence -Jones: So moved. Commissioner Gort: Second. Chair Suarez: Moved by Commissioner Spence -Jones, second by Commissioner Gort. I just would like to say, Sergio, that you do a job in our city that is incredibly important. I can't tell you how many times I've referred people to your program and literally saved people from being homeless on the street, and you know, you're always available, you know, 24 hours a day. You take it personal. You live with it and it shows in the work that you do. So there's a motion and a second. All in favor, signift by saying "aye." The Commission (Collectively): Aye. Mr. Torres: Thank you. Chair Suarez: Thank you. RE.10 RESOLUTION 12-00896 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW Fire -Rescue SPECIAL REVENUE PROJECT ENTITLED: "FISCAL YEAR 2012 - DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA"), URBAN SEARCH & RESCUE COOPERATIVE AGREEMENT," AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $1,287,608, CONSISTING OF A GRANT FROM FEMA TO BE USED BY THE DEPARTMENT OF FIRE -RESCUE TO ACQUIRE EQUIPMENT, TRAINING, SUPPORT, ADMINISTRATIVE AND PROGRAM MANAGEMENT, EQUIPMENT CACHE PROCUREMENT, MAINTENANCE AND STORAGE; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT. 12-00896 Summary Form.pdf 12-00896 Overview Information.pdf 12-00896 US&R General Memo. - 2012-028.pdf 12-00896 Legislation.pdf City ofMiami Page 118 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Sarnoff and Carollo R-12-0309 Chair Suarez: RE.10. Deputy Fire Chief Reginald Duren: RE.10 is a resolution establishing a new special revenue project entitled "Fiscal Year 2012 - Department of Homeland Security Federal Emergency Management Agency, Urban Search and Rescue Readiness Cooperative Agreement; " and appropriating funds in an amount not to exceed $1, 287, 608; authorizing the City Manager to accept said grant and award to execute the necessary documents in order to implement the acceptance of said grant. Chair Suarez: Is there a motion? Commissioner Gort: Move it. Chair Suarez: Motion by Commissioner Gort. Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. All in favor, sign by -- Commissioner Gort: This is not a regional one, right? Deputy Chief Duren: No, sir. This is for our USAR (Urban Search and Rescue) team. Commissioner Gort: This is for the City ofMiami to be utilized -- and according to this, it's Federal Emergency Management Agency, right? Deputy Chief Duren: Correct. Well, the funding will however -- since we have representatives from other departments on our team, we do, in essence, pay their salaries whenever they're deployed or during training, so there is a participating with other agencies. This is a federal team. Commissioner Gort: All right. Okay. Chair Suarez: All in favor, signift by saying "aye. The Commission (Collectively): Aye. Chair Suarez: Do you want to be recorded on this, Commissioner? It's a 3 no -- 3-0, I'm sorry. RE.11 RESOLUTION 12-00897 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "STATE HOMELAND SECURITY GRANT PROGRAM SUB -RECIPIENT AGREEMENT FOR EXPENDITURE OF LOCAL GOVERNMENT UNIT FUNDING FOR FLORIDA URBAN SEARCH AND City ofMiami Page 119 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 RESCUE ("USAR") TASK FORCES FOR FISCAL YEAR 2011" AND APPROPRIATING FUNDS, IN THE AMOUNT OF $56,203, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF FINANCIAL SERVICES, TO BE USED BY THE DEPARTMENT OF FIRE -RESCUE TO ACQUIRE EQUIPMENT, AND TO PROVIDE TRAINING IN STATE FIRE MARSHAL APPROVED USAR TRAINING COURSES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. 12-00897 Summary Form.pdf 12-00897 Legislation.pdf 12-00897 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 RE.12 12-00898 Department of Capital Improvements Program R-12-0310 Chair Suarez: RE.11. RE.11, that's still you, chief. It's okay. I know I'm going pretty fast, trying to get us through. Deputy Fire Chief Reginald Duren: RE.11 is a resolution establishing a special revenue project entitled "State Homeland Security Grant Program Sub -recipient Agreement for Expenditure of Local Government Unit Funding for the Florida Urban Search and Rescue Task Force II -- Florida Task Force II;; " appropriating funds in the sum of $56,203; consisting of a grant from the State of Florida. Chair Suarez: Thank you. Is there a motion? Commissioner Gort: Move it. Commissioner Spence -Jones: Second. Chair Suarez: Moved by Commissioner Gort, second by Commissioner Spence -Jones. All in favor, signift by saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDEMNIFICATION AND HOLD HARMLESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, FOR GIBSON PARK, B-30305B. 12-00898 Summary Form.pdf 12-00898 Legislation.pdf 12-00898 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 120 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0311 Chair Suarez: RE.12. Albert Sosa: Albert Sosa, director of Capital Improvements. RE.12 is a resolution authorizing the City Manager to execute an indemnification and hold harmless agreement with the Miami -Dade Water and Sewer Department in connection with their service provided to the new Gibson Park. Chair Suarez: Thank you. Is there a motion? Commissioner Spence -Jones: So moved. Chair Suarez: Moved by Commissioner Spence -Jones. Is there a second? Vice Chair, you're the only one that could second without me -- Vice Chair Sarnoff Second, sorry. Chair Suarez: It's okay. There's a second by the Vice Chair. All in favor, signifi, by saying "aye." The Commission (Collectively): Aye. Chair Suarez: By the way, Vice Chair, when you were away, we postponed the PZ (Planning & Zoning) item, the only PZ item. We deferred it. Vice Chair Sarnoff It's for the next -- Chair Suarez: To the next PZ meeting. Is that okay? Vice Chair Sarnoff Perfect. Chair Suarez: That's good for your? Vice Chair Sarnoff Perfect, yes. Chair Suarez: Okay. Vice Chair Sarnoff Thank you. Priscilla A. Thompson (City Clerk): Excuse me, Chair. Just wanting to make sure, on our vote for RE.12, Commissioner Gort was on the -- on that side of the dais. Did he want to be included in that vote? Chair Suarez: Do you want to register a vote on RE.12, Commissioner, or do we just keep going? Commissioner Gort: Which one? Chair Suarez: RE.12, which is an indemnification and hold harmless agreement for Gibson Park. City of Miami Page 121 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 RE.13 12-00899 Department of Capital Improvements Program Commissioner Gort: Yes, no problem. Chair Suarez: Okay. Please record that as a yes. Ms. Thompson: Thank you. Chair Suarez: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING FUNDS IN AN AMOUNT NOT TO EXCEED $48,000, CONSISTING OF A GRANT FROM THE MIAMI-DADE METROPOLITAN PLANNING ORGANIZATION, FOR THE OVERTOWN/VVYNWOOD BICYCLE/PEDESTRIAN MOBILITY PLAN; AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; ALLOCATING THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $12,000, FROM CAPITAL IMPROVEMENT PROJECT NO. B-30645E. 12-00899 Summary Form.pdf 12-00899 Legislation.pdf 12-00899 Exhibit 1.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0312 Chair Suarez: RE.13. Albert Sosa: Albert Sosa, director of Capital Improvements. RE.13 is accepting a grant in the amount of $48, 000 from the Metropolitan Planning Organization for a bicycle and pedestrian mobility study in the Overtown/Wynwood area. Chair Suarez: Is there a motion? Vice Chair Sarnoff So move. Commissioner Spence -Jones: Second. Discussion. Chair Suarez: Yes. It's been moved by the Vice Chair, second by Commissioner Spence -Jones, and passing it over to her for discussion. Commissioner Spence -Jones: Okay. I just wanted to add in there Park West, really more or less Park West. I know that there's been a plan or discussion, at least -- I don't know if Commissioner Sarnoff knows that Brad and that whole group were trying to do some sort of bicycle path, which I think would be great. And does this include -- it doesn't include downtown. Did you not want downtown included in this? Mr. Sosa: We -- the previous MPO (Metropolitan Planning Organization) grants that we've City of Miami Page 122 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 RE.14 12-00900 Department of Capital Improvements Program gotten -- we get one a year -- one of them was for the downtown core, another one was for the health district. In previous years -- Commissioner Spence -Jones: So you already did the downtown? Mr. Sosa: Right. So this is like the connection between those two. Commissioner Spence -Jones: Okay. IfI could -- I would just like to amend it to say Overtown/Park West/Wynwood. Mr. Sosa: That's -- we can always include the Park West area as part of the study. That's not an issue. Commissioner Spence -Jones: Okay. I just wanted to make sure. Mr. Sosa: Sure. Commissioner Spence -Jones: Okay, thanks. Chair Suarez: Okay, guys. By the way, you know, commending the staff and the MPO for granting us these funds to do something which I think we all agree is something we want to encourage in the City ofMiami, which is getting out of your cars and utilizing other forms of transportation to get around, walking, biking -- Commissioner Spence -Jones: Yeah. Chair Suarez: -- To Go cars, et cetera. So all in favor, signify by saying "aye. The Commission (Collectively): Aye. Priscilla A. Thompson (City Clerk): And letting -- that was a modified resolution. Chair Suarez: As modified. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE CONSTRUCTION CONTRACT WITH SOLUTION CONSTRUCTION INC., FOR THE NW 14TH STREET MULTIMEDIA ENTERTAINMENT DISTRICT STREETSCAPE PROJECT, B-30394, FOR ADDITIONAL SERVICES DUE TO UNFORESEEN UTILITY CONFLICTS, OWNER REQUESTED CHANGES WHICH INCLUDE ADDITIONAL STREET LIGHTING, AND RELATED MAINTENANCE OF TRAFFIC, IN THE AMOUNT OF $195,366.73, PLUS AN ADDITIONAL OWNER CONTINGENCY AMOUNT OF $17,760.61, FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $213,127.34, THEREBY INCREASING THE AWARD VALUE FROM $2,174,999.79, TO AN AMOUNT NOT TO EXCEED $2,388,127.13; ALLOCATING FUNDS FOR SAID INCREASE, FROM THE OMNI COMMUNITY REDEVELOPMENT AGENCY PROJECT NO. 92-686001; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE CONSTRUCTION CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. City ofMiami Page 123 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 12-00900 Summary Form.pdf 12-00900 Letter - N. 14 Street Multimedia Entertainment.pdf 12-00900 Bid Contract.pdf 12-00900 Legislation.pdf 12-00900 Exhibit.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-12-0313 Chair Suarez: RE.14. Albert Sosa: Albert Sosa, director of Capital Improvements. RE.14 is a resolution that increases the contract capacity of an existing contractor, Solution Construction, in the amount of $213, 000, to allow for unforeseen utility conflicts, as well as additional street lighting along the Northwest 14th Street corridor. This project is sponsored by the CRA (Community Redevelopment Agency), and it's funded by the CRA. The City procured the contract and is helping with the management of it. That's why we have to come before the Commission to get this increase, but it is funded through the CRA. Chair Suarez: Thank you. Is there a motion? Vice Chair Sarnoff So move. Chair Suarez: Moved by the Vice Chair. Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. Any further discussion? All in favor, signify by saying "aye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. RE.15 RESOLUTION 12-00904 District2- A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE FLORIDA Commissioner Marc DEPARTMENT OF TRANSPORTATION ("FDOT") TO GRANT URBAN David Sarnoff MUNICIPALITIES LOCAL CONTROL OVER THE CHARACTER OF STATE ROADS NOT CLASSIFIED AS LIMITED ACCESS FACILITIES WITHIN THEIR JURISDICTION, FOR MUNICIPALITIES WITH A POPULATION DENSITY OF TEN THOUSAND (10,000) PEOPLE PER SQUARE MILE OR MORE, WITH FDOT TO PROVIDE THE FUNDS ALLOCATED TO SAID FACILITIES DIRECTLY TO THE MUNICIPALITIES IN WHICH THE STATE ROAD IS LOCATED; DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE OFFICIALS AS STATED HEREIN. 12-00904 Legislation.pdf City of Miami Page 124 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 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-12-0314 Direction by Chair Suarez to the City Attorney to determine the legislative solution that is necessary to ensure that municipalities are granted control of local state roads and to work with him to draft similar legislation to present to the Miami -Dade Board of County Commissioners; further directing the Administration to ensure that this becomes a legislative priority at the State level. Chair Suarez: RE.15. Vice Chair Sarnoff RE.15, Mr. Chair, is a resolution of the City ofMiami Commission urging the Florida Department of Transportation -- and possibly extending this by consideration to the County, but for the purposes of today, just speaking about FDOT (Florida Department of Transportation) -- to grant urban municipalities local control over the character of state roads not classified as limited access facilities within their jurisdictions, for municipalities with a population of 10,000 people per square mile or more, with FDOT to provide the funds allocated to said facilities directly to the municipalities in which the state road is located. And if you would, Mr. Chair, let me -- allow me to maybe express what this issue is. Chair Suarez: Please do. Vice Chair Sarnoff We have many state roads through our system, for instance, Brickell, Biscayne Boulevard, and others. And if the primary concern for Florida Department of Transportation is the movement of vehicles -- andl think they have some nice key phrases -- and they actually call pedestrians non -automotive units. So, Commissioner Spence -Jones, when you're out there, you are a non -automotive unit and you have a secondary place -- Chair Suarez: Category. Vice Chair Sarnoff -- in FDOT's heart, let's say, comparatively to the vehicle. And the reason I suggest this is a good idea is simply because FDOT deals with 98 percent, 99 percent of their day -- maybe even 99.9 percent of their day is spent in rural areas in Florida moving people as expeditiously and quickly as it can. And even think about some of the cities, Tampa, Jacksonville, they're not as urbanly [sic] dense as is the City ofMiami. And what's happening, for instance, on Brickell, you have people -- it took almost heaven and earth -- and the Manager was present, as was Alice Bravo -- to get then our secretary of transportation, PrasadAnanth -- sorry, PrasadAnanth to come down to a meeting in which Mayor Regalado was there and Mayor Gimenez was there, and I'm not sure it was the most -- it was a pretty rigorous meeting, let's put it like that. Maybe the mayors weren't as well -acknowledged as they should have been. And literally speaking -- Chair Suarez: I'm not surprised. Vice Chair Sarnoff I was surprised, actually, 'cause, you know, I'm a Commissioner; it's okay to walk on me, but didn't think he walked on mayors. But having said that, their primary objective -- and they were very clear about it -- is to move traffic. So we were successful in getting Brickell lowered from 40 miles per hour to 35 miles per hour. And we were also successful, hopefully, in getting the crosswalk changed so that there'll be a lighted crosswalk, again, right across the street from UTD, United Teachers of Dade, which, as you know, probably the average age there is 80 years old -- or certainly 75 years old, and they walk directly across to get to a bus stop and/or now 1814 Brickell Park. And it just seemed too hard to get them to do that. Andl City ofMiami Page 125 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 think it's time that we start considering that in municipalities that are extremely urbanly [sic] dense, that we look at how we move traffic differently than possibly a state agency does and maybe even you thinking about the County does because their objectives are very different -- Chair Suarez: Absolutely. Vice Chair Sarnoff. -- than our objectives 'cause I think our objectives are neighborhoods. And in a neighborhood comes people walking. We just said it a moment ago. You want to get people on their bikes. You want to get people walking. You want to get people running. You want to create an urban fabric, an urban feel. Andl thought about doing this almost from day one of being Commissioner, which is like, why don't we just take their money, use their guidelines to some degree, maybe modnj, them some. I mean, certainly, a car is a car is a car. It's going to have to have a certain, you know, spacing requirement, et cetera. But how about the first thing we declare is Michelle Spence -Jones, as a non -automotive unit, becomes a person and the person has -- Chair Suarez: Has equal dignity as the car. Vice Chair Sarnoff. How about more than equal dignity. Chair Suarez: Yeah, preference. Vice Chair Sarnoff. How about we give it the dignity ahead of the car. Chair Suarez: That's true. Vice Chair Sarnoff. And until you get that philosophy -- as you know, Mr. Chair -- Chair Suarez: Yep. Vice Chair Sarnoff. -- until you philosophically believe a non -automotive unit is a person and a person should be put in front of a car, you will never have any strictures, guidelines, criteria that will ever establish anything other than a non -automotive unit is secondary to that vehicle. So I'm just suggesting, as part of a resolution -- Commissioner Spence -Jones: Yeah. Vice Chair Sarnoff. -- that we send this to FDOT and say we think this is where the urban fabric of the state of Florida is going to go and we stand before you today as the first city to demand that we get the proper funding that you were going to put into the road to begin with and that you allow us the opportunity to design that street in accordance with agreed criteria that establishes a community and a fiber -- and a fabric that each one of us thinks that should put the pedestrian ahead of the vehicle. Chair Suarez: Well, I clearly support this -- Commissioner Gort: Move it. Chair Suarez: -- resolution. It's been moved by -- Commissioner Spence -Jones: Second. Chair Suarez: -- and seconded. Okay, I clearly support this resolution. What I would ask is, with your indulgence, Vice Chair, that we also direct the City Attorney's office and staff to put together whatever legislative solution has to be incorporated to make this happen because I think City of Miami Page 126 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 when we just do a reso, it's great. It shows -- you know, manifests our intent. But I think sometimes if we don't, you know, lead the horse to water, it's not going to drink. So I think we have to create legislation. I think we should also make this one of our legislative priorities for our lobbying team for the next legislative session, and I'd also direct the City Attorney's office and staff to work with me on something similar with the County. Because I know if we get a resolution similar to this with legislation that supports it, I'm fairly certain that we can get a County Commissioner to sponsor it. But, you know, it always helps when we've done a lot of the heavy lifting and we kind of have it prepackaged and we just put it in front of them. Vice Chair Sarnofff. District 5, District 4. Chair Suarez: Let me tell you, there's plenty of Commissioners that think would be -- Commissioner Gort: We have it. Chair Suarez: -- willing to do it so -- Vice Chair Sarnofff. Certainly not the District 7. Chair Suarez: Well -- there's a lot of Commissioners thatl think will be willing to sponsor it so -- Vice Chair Sarnofff. So, Mr. Manager, with that instruction, could you help us draft --? Chair Suarez: And he's as good a person as there is -- Vice Chair Sarnofff. No, I know. Chair Suarez: -- to help. Vice Chair Sarnofff. I -- Chair Suarez: Right. Vice Chair Sarnofff. It's not like you haven't had enough to do, you have. Chair Suarez: Right. Vice Chair Sarnofff. But it gets easier in a couple weeks. Chair Suarez: And it doesn't have to be in September, you know; in October maybe. Legis -- state legislation that would effectuate this, if it can be done by legislation, and then obviously making it a legislative priority. Because when we go up to Tallahassee, we want to be clear with our representatives, whoever they are, if we have any, or ourselves, I guess, if we're going to be the ones doing it again this year, you know, what are our goals. And our goal is either through legislation or through administrative action to get this to happen. And I'd like the same effort with reference to county roads. Non -- I call it non -arterials. I don't know if that's even a technical name. I just -- something made up. Local roads. However you want to describe it in a technical way that takes out like a Coral Way, which is an FDOT road, but you know, 27th is also an FDOT -- but 17th is also FDOT -- that's a County road. Commissioner Gort: No, that's a County. Chair Suarez: But you know, obviously, we're not going to be given control over traffic control devices on those roads, but -- City of Miami Page 127 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Commissioner Gort: Twelfth Avenue. Chair Suarez: There you go. So, you know, if we can work on that -- even though 20 -- we've been having some trouble with 22nd and 17th, you know, on some issues, but we'll work through it. We'll work through it. Vice Chair Sarnofff. And as you guys know, as the County and/or the State comes in and they start doing work on the road, they do a base level, and then they come to the City and they said, if you want it to look different -- like a road that looks like in a city -- you have to give us the money and the enhancements, and then, of course, you have to agree to maintain whatever it is we put in. Chair Suarez: Right. Vice Chair Sarnofff. And as long as we're involved in the process now, what I'm suggesting is give us the process -- Chair Suarez: I agree. Vice Chair Sarnofff. -- so that if it's going to look like an urban road, let us make the urban road. Chair Suarez: I think we should have the ability to have the priority in determining -- since we're the locality, we should have the priority in determining what kind of character we want our roads to be, whether they -- we want them to be something that makes it efficient for you to get from one side of the city to the other or we want it to be residential, where people can walk their, you know, babies, their dogs, you know, elderly feel safe walking. And you know, interestingly, in my small neighborhood, you know, when the wall was done, a lot of people on the outside complained because the inside of the neighborhood was very walkable. So, you know, whatl said was, let's make your neighborhood walkable as well. Andl think it's a promise that goes unfulfilled right now because, you know, we're having so much trouble getting through the County on so many things. So, anyhow, it's been -- Priscilla A. Thompson (City Clerk): Chair, may -- Chair Suarez: Yes. Ms. Thompson: I'm sorry. Before you vote on it, may I ask a question just for my own clarity? You're voting on the resolution as it's stated in the agenda -- Chair Suarez: Yes, and we're -- Ms. Thompson: -- then there's some later -- Chair Suarez: -- directing the City staff to do -- Ms. Thompson: Yeah. And there's -- Chair Suarez: -- several things. Ms. Thompson: -- language coming later. Chair Suarez: Correct. We're directing them to prepare the language that makes it a legislative priority, number one; and number two, that's the enabling legislation that needs to make this effective. City of Miami Page 128 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 RE.16 12-00911 Department of Parks and Recreation RE.17 12-00926 Office of the City Attorney Ms. Thompson: Great. Just want to make sure. Thank you. Chair Suarez: Just so we can have it all pre -- and also for the County as well. Ms. Thompson: Okay, thank you. Chair Suarez: Okay. So there's a motion and a second. All in favor, signift by saying "aye. The Commission (Collectively): Aye. RESOLUTION TO BE DEFERRED BY THE ADMINISTRATION. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY"), THE SCHOOL BOARD OF MIAMI-DADE COUNTY, THE MIAMI-DADE AREA VI OFFICE OF THE FLORIDA DEPARTMENT OF EDUCATION, DIVISION OF VOCATIONAL REHABILITATION, AND MACTOWN INCORPORATION, FOR THE PURPOSE OF CONTINUING THE NATIONALLY ACCLAIMED PROJECT SEARCH PROGRAM AT THE CITY, WITH THE PROGRAM DESIGNED TO PROVIDE MARKETABLE JOB TRAINING AND SOCIAL SKILLS FOR YOUTH WITH DISABILITIES, TO ACHIEVE THE GOAL OF SUSTAINABLE EMPLOYMENT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, AND MODIFICATIONS AFTER CONSULTATION WITH THE CITY ATTORNEY, THERETO IN COMPLIANCE WITH THE ATTACHED FORM OF THE COOPERATIVE AGREEMENT, FOR A ONE-YEAR PERIOD COMMENCING JULY 1, 2012 THROUGH JUNE 30, 2013, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS UNDER THE SAME TERMS AND CONDITIONS. 12-00911 Cover Page.pdf 12-00911 Summary Form.pdf 12-00911 Legislation.pdf 12-00911 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF BERNARDO PEREZ, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $115,000, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT City of Miami Page 129 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.524000.0000.00000. 12-00926 Memo - Office of the City Attorney. pdf 12-00926 Memo - Financial Signoff.pdf 12-00926 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-12-0315 Chair Suarez: Let's see if we can do real quickRE.17, and then we'll go to the time certain item of 2, and apologize that we're running about half an hour behind. Julie O. Bru (City Attorney): Mr. Chair, RE.17 is a proposed settlement. This is a worker's compensation claim. Vice Chair Sarnoff So moved. Chair Suarez: Moved by the -- Commissioner Spence -Jones: Second. Chair Suarez: -- Vice Chair, second by Commissioner Spence -Jones. All in favor, signift by saying "aye." The Commission (Collectively): Aye. RE.18 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. City of Miami Page 130 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 12-00201 Memo - Office of the City Attorney. pdf 12-00201 Legislation.pdf 12-00201 Exhibit 1.pdf 12-00201-Submittal-Olympia Center Pledge Report. pdf 12-00201 Submittal -Theaters Managed by SMG.pdf 12-00201- Submittal -Olympia Center Supplemental Info.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item RE.18 was deferred to the September 27, 2012 Commission Meeting. Chair Suarez: Okay, RE.18, which is the actual settlement. Then I guess the management agreement was the one that we were disputing whether we would defer or not, right? Vice Chair Sarnoff Mr. Chair. Chair Suarez: Yes. Vice Chair Sarnoff With regard to RE.18 and RE.19, I want everybody up here to feel like they had every opportunity in the world to do whatever it is they think they need to do. You know, the Gusman -- I'm not going to make a long speech, andl apologize to the Gusman. I'm not going to get into -- 'cause I've said it many, many times before. It is certainly in District 2. It is certainly, I think, a citywide issue. I acknowledge that. It is certainly the hub of the downtown. It is the artery of Flagler. It is the reason why Flagler will or will not succeed. It is an extremely important issue with regard to me. It is an extremely important issue with regard to the Mayor, who made this, I think, his number one or number two priority since he became the Mayor of Miami. And all I ask is any Commissioner that -- we've been doing this for the -- I went to a meeting with the Mayor, I think it was January or February of 2010, and we told the Gusman we will not be able to fund you that year. Now, we ended up funding them that year, candidly. But -- and maybe, Commissioner Carollo, we shouldn't have. But there -- I just -- keep one thing in mind. This is such a developed plan. This has been worked on for so long. And yes, it continues to change because, as we unravel things, it does continue to evolve a little bit. So all say to any Commissioner is, if you're going to come up here and you're going to say, this is what's wrong with it, then tell us what your solution is. Because any good manager says, I have a problem, but here is my solution. And please acknowledge -- andl want to -- I do want to acknowledge on the record everyone involved, from Margaret Lake to Herman Echevarria, to every -- including Henry Torre. Everybody has worked extremely judiciously and has worked toward finding a solution to the Gusman. The Gusman's problems are not unique. It is the same problem the Coconut Grove Playhouse has. It is the same problem Marine Stadium has. All of these facilities were dependent upon government for years to subsist because the ticket sales were inadequate to pay for the structure, and that includes the capital improvements as well as the operation of the structure. So we have taken these facilities out of government's coffers, probably rightfully so, but we need to find an acceptable way for them to keep a ticket sale in the $60 range because people will not likely pay more than $60 to go to the Gusman, and then to find a solution for them to find alternate sources of revenues so they don't need to come back to government and they could be self-sustaining. I said this to Commissioner Spence [sic] many, many times on the dais. It's going to be a new day. The 501(c) (3)s are going to have to find new ways of funding themselves. Any good 501(c) (3) has, as part of its business plan, a for -profit venture. Because the only way you're going to sustain yourself is by deriving a profit. All suggest to any Commissioner is you have to come up with a vehicle of revenue sharing and revenue directives if the Gusman is to survive. And it's two outs in the ninth inning. I think we City of Miami Page 131 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 can go one more at bat, if you will, but this has to be heard at the next Commission meeting. And I forewarn you all, barring something absolutely unforeseeable -- you know, I'm going to try to hold the vote to the next Commission meeting. So with that, I will move to continue RE.18, and then I'll -- and a second motion for RE.19 to the next Commission meeting. Commissioner Spence -Jones: So moved. Chair Suarez: To deferral and a second. Commissioner Spence -Jones: And l just got a discussion. Chair Suarez: Yeah, yeah. Commissioner Spence -Jones: Commissioner Carollo, do you have any comments? Commissioner Carollo: Couple quick things. First of all, my -- it's not that -- when you said that I may have objective [sic] to giving money to Gusman, it's not that. What I objected to what was promised to us and later what was done. That's -- that was my issue with that because we were -- they -- we were told that this was the only amount of money that the City will have to put in and that the rest would be coming from the private sector. That did not occur. Now we could, you know, go back and forth on what the reasons were, back and forth, but the bottom line is that we were told something; it did not occur. We had to come up with more money for the Gusman. As a matter offact, you could see it in our audit report. You don't have to go very far. I didn't point it out at the time 'cause, yes, I'm not here to embarrass anyone. I'm not here -- but it's in our audit report that they were way over the budgeted amount. Now with that said, my issue with this -- and you're very -- you're correct. This has been deferred quite a bit. However, I will tell you, every time that this has come up and I'm going for a briefing, it's not like there isn't other issues. I mean, right now we're dealing with all the budget issues, but just a few months ago, I mean, there was this other little issue called Parrot Jungle, you know, or Jungle Island. So it's like issue after issue that, you know, it takes a lot of time. And with that said, every time this issue has come before me, you know, I've been told, oh, this is going to be deferred. So what happens? Okay, if it's going to be deferred, I mean, there's other pending issues I better attain to. So after two or three times of this happening, then four or five times, now this comes up and oh, Commissioner, you know about this issue. This has been deferred four or five times, like all of a sudden assuming that, oh, yeah, yeah, we know what this is. This is about -- you know, but no. I mean, the language has changed and so forth, so I also would like the additional time to be able to, you know, read up on it and see exactly what we are voting for, so that's all I'm asking for. As a matter offact, I know a lot of the people involved reached out to my office a couple of days ago and my staff had to tell them, listen, he is like really -- he doesn't have the time. I mean, we have to approve -- and we went down all the budgets that are due today. So it's just, you know, our time is very scarce right now. So with that -- that's all really had. And like I said, it was a couple of things. Chair Suarez: Thank you. There's a motion and a second. Any further discussion? Commissioner Gort: Yeah. Chair Suarez: Yeah. Commissioner Gort: Further discussion, I think any question that we have should make sure we put it on the table so they can be answered for the next meeting. I have to tell you something. I had a meeting with DDA (Downtown Development Authority) the other day and all the importance that the Gusman Theater has to downtown Miami. And one of the things I asked the DDA, you need to do an analysis and research because in the next three to four years, Flagler Street is going to die because you have so much retail spaces in all these new buildings that's City of Miami Page 132 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 being built so we need to start working on Flagler Street in the central business district. Andl think the -- this is one of the greatest attractions that we had here so it's very important that any questions that we have or any doubts that we have -- I know there were some questions about the affordable housing. My understanding in this, it will be maintained as affordable housing and I'm the one who pushed for that. Because one of the things we discussed in the past about downtown Miami, if we want a 24-hour downtown, you need people to live there, and that's why we're creating affordable housing in two or three buildings there to bring people there. Chair Suarez: Commissioner, did you have something you wanted to say or --? Commissioner Spence -Jones: Yeah. I mean, I'll defer to -- I mean, I have a couple of things to say, but I would like to hear from the Mayor first on this. Chair Suarez: Okay. Commissioner Spence -Jones: Go ahead. That's fine. Chair Suarez: Go ahead, Mr. Mayor. Commissioner Spence -Jones: I'm going to defer to you. You're the Mayor. Mayor Tomas Regalado: Thank you. Chair Suarez: Just wanted to take it in order. Mayor Regalado: Thank you, Commissioner. Very brief I -- you know, I just wanted to tell you that since we have the new direction, the Olympia, the Gusman has been creating a new clientele, has been attracting new people to downtown Miami. As an example, last November for the first time, they had the Spanish Film Festival; three days, 6, 000 people in downtown Miami. It's coming back this November. Late October there will be a weekend ofMiami Nice Jazz Festival. The Mayor of Nice in France, Mayor Estrosi, is coming with a delegation of about 30 people, including more than 12 journalists, to be part of a ceremony on the sister city relationship and launch the Miami Nice Jazz Festival at the Olympia. As you know, the jazz festival in Nice is the biggest and the oldest in the world, and they just want to establish that one outside Nice, and they have chosen the Olympia. And it's going to be in the news in all France, and it's going to be in the news in Spain. So -- because we have the Olympia and such a majestic place, we're getting a lot of international media on it, and l just think that we should work with you and the community and the Trust to move forward this item. Thank you. Chair Suarez: Thank you. Can we maybe agree --? Go ahead. You want to -- go ahead. You want to say what you want to say? Commissioner Spence -Jones: Yeah. I mean, we've already deferred the item, but I just want to put -- Chair Suarez: I don't think we voted yet. Did we, Madam Clerk? Commissioner Carollo: No. Priscilla A. Thompson (City Clerk): No. Andl wanted to make sure with Vice Chair that it's for the next Commission meeting, meaning -- Vice Chair Sarnofff. Correct. Chair Suarez: I believe so. City ofMiami Page 133 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Ms. Thompson: -- September 27. Vice Chair Sarnofff. Yes. Chair Suarez: You want to vote on it and then express your concerns, or do you want to express your concerns before we vote on it? Commissioner Spence -Jones: I'm fine with -- we're deferring it, right? Chair Suarez: Right. Commissioner Spence -Jones: Yeah. I just want to put some stuff on the record, though. Chair Suarez: Okay, okay. So all in favor, signify by saying "aye. " The Commission (Collectively): Aye. Chair Suarez: I just -- the only thingl would like to say is if we can all commit to hearing this in the next Commission meeting. The reason why is 'cause a lot of the people who are in the audience who we gave a time certain to are volunteers, and just out of respect for their time and effort, you know, see if maybe we can get this thing done next -- one way or the other, up or down, whatever way we go, but then at least they can move on with their lives. And they have professional careers; they got to do things as well so. Commissioner Spence -Jones: Okay. Mr. Chairman, I just want to put a couple of things on the record 'cause I think -- Chair Suarez: Yes. Commissioner Spence -Jones: -- it's important to say. Chair Suarez: Please do. Commissioner Spence -Jones: And -- where's Margaret? Let me just say, Margaret andl, we go back. If there's nothing else I know about Margaret, she is truly, truly committed to the Gusman. I mean, she sweats and bleeds Gusman so her -- there's never even a question around her commitment to making sure that theater operates and runs. And for a very long time -- not taking anything away from Art -- and I don't know where Art is -- you know, Margaret was the backbone to the Gusman. So I just want to be clear on that. My concern is from the -- from day one coming back on the Commission and what we always talk about up here and we had an item before we took our lunch break about the importance of having an open and honest transparent process. And my concern on 18 and 19 -- andl was willing to, you know, bite the bullet on 18 and go with it because it was something that this Commission, prior to me getting here, was already on the track of doing without a process, you know. But now when both items are coming back in front of the Commission, 18 and 19 to reconsider, it's my responsibility for the folks that have elected me to do my due diligence to make sure we have looked at every other option that's going to be best for the City. Now I respect -- and as Herman came here a couple of times in front of the City Commission and gave his viewpoint of why he wanted to save the Gusman and how he's gone out to get donations and private donations, and that is well respected. Andl mean, we respect the fact that he's stepping up the plate -- to the plate when nobody else was doing it. But the reality is we have a responsibility as a board to look at all of the options available to us. Andl said this earlier -- I said this to Henry not only in today's meeting but in meetings prior to his -- we hired a professional. Andl keep saying that Henry is a professional because he goes out of his way to try to figure out what's going to be the best thing for the City City of Miami Page 134 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 financially. IfI askyou a question or I ask him a question in a briefing, Henry, are we getting the most bang for our buck? Are we getting the most value out of this building? And if I'm getting back an answer, well, no, no, not really, Commissioner; that's not happening. And not saying anything about Henry. His job is to tell me the truth and) want him to tell me the truth. I don't want "because I'm an elected official" that you're telling me something I want to hear. It's about getting the most value out of the property. Every single person sitting up here on the dais as a City Commission -- as City Commissioners are trying to figure out ways to fill our coffers. We are in a place -- or in a state right now that we need to figure out how we get monies for all of the properties that we have. So I just want to say a couple of things that I want to make sure that put on the record today. And, Commissioner Carollo, you andI have been on the same page about this issue going back and forth. Andl know that even here -- the last time Herman was here, we kind of had to pull you guys apart, you know. But what you were arguing about or discussing, I should say, were important issues. We should know and see if you make a statement on the record and you say that you've raised a certain amount of money towards the Gusman project, then ifI askyou to show me the accountability on that, where is that money in the bank, show me a statement of where that is that you've raised, I expect for you to show that. And every City Commissioner sitting up here expects the same thing. I asked going into this hearing today that that paperwork be brought to this hearing, even though we're not hearing the item. But as soon as I sat down, I asked for that information, it's not here. It's not anywhere in writing saying that's what it is. And, quite frankly, I've heard three or four different numbers. Today I heard 400 raised, already in the bank; yesterday I heard 700. So I'm just telling you, we have a responsibility to the people that have elected us to do our jobs. And if that keeps changing every single time, you know, quite frankly, I think that, you know, we're doing a disservice to the residents that we serve. Now it's neither here nor there. I just think that it's important for us to say it because we're not addressing the item, but I just -- I don't want to have things be said and we're not addressing them so that when it comes back in front of us next time, then you hear it from me, then it's a surprise. Henry, do you have something you want to say? Mr. Torre: I'm sorry? Commissioner Spence -Jones: You have something you wanted to add? Mr. Torre: Yes, I do. Commissioner Spence -Jones: Okay. So can I finish my issue -- Mr. Torre: Absolutely. Commissioner Spence -Jones: -- and then you can just recap? Mr. Torre: Absolutely. Commissioner Spence -Jones: Okay. So that's one concern I have. Transparency, I feel like the process should be open on 18 and 19; that it should be put out to bid. And we need to look at clearly what is the best use, what's the -- how much money the City can get back in order for us to continue to maintain the Gusman, but at the same time, see if there's any way that we can create some revenue from it. That's one. Two, I think that in any hearings that you come in front of a City Commissioner and you make a statement -- a bold statement to say that you already raised money for something, then you need -- and you say that you're going to come back and bring us statements on what you've raised, I expect to see that in writing. It was mentioned earlier about four year -- about the fact that, you know, every year this item would come in front of the City Commission and we always would complain about us having to spend money out of our budgets. I can say Commissioner Sarnoff and I were here during this time period, and every single year it came up as an issue, yes, we argued about it; yes, we fought about it; yes, it was something that we were going back and forth on, but we always funded it. That was just always City of Miami Page 135 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 what happened. Now I'm not saying that we need to continue to do that, but that was a long-standing thing that always happened when we were up here. So I don't -- you know, I don't really want to get caught up on that. I just think that we never had the vision or the leadership to figure out other ways that we could look at Gusman as a revenue -generating opportunity. The other thing thatl wanted to mention earlier -- and again, this is how things work -- andl'm going to take this and pass it down. One of the questions I asked Henry and I asked staff in the midst of my conversations -- and this is not just this time, but this is from months before. And I said, guys, are we really looking, you know, around to see if there's anybody else interested in the theater. Andl know that the number one thing that people always said, well, the Gusman's in disrepair. You know, there's issues that need to be done with it for it to be fixed, andl'm not saying that those costs aren't real costs. But I also know that there are other opportunities out there for us to get resources, andl would rather us put the process -- put it out with -- in a process to see if whether or not there are options. Right now we don't know of any option. The only option I know is what's been presented andl feel like that needs to be open. So this morning the same item that -- a different item, James L. Knight Center and -- James L. Knight Center, where SMG and Global are going back and forth on that issue-- I just happened to look through the book. I hadn't looked really at the details until today. Andl'm like, oh, my God, these people -- this is what they do. They do historic theaters. They manage and operate them. They -- this is what they do and look at all of the theaters that they operate. Andl asked the question, Have you guys had -- even, you know, put in a proposal or, you know, even asked, Is this something that you would perhaps be interested in? And what was communicated to me was, yeah, Commissioner. We didn't know there was a bid available for us to participate. We'd like to at least see what the options are. Andl'm saying, wait a minute. Here's a group that if this was put out to bid, that may have the opportunity to, you know, bid on this as a option, that already has several theaters across the country that all they have to do is just route whatever theaters, plays, musicals, or whatever they have, just add this to their route, we would be -- I mean, this would put us in a good place. Andl'm not taking anything away from Herman. I'm not saying that we don't want to do that. But this, for me, showed me that there is an option. Andl asked the question, Is this something that you would be interested in if it went out to bid? Absolutely was the comment. Asked Tim Schmand the same thing about Live Nation: Absolutely. We just need to, you know -- people need to know that it's available. So I'm just -- this is just the theater. Andl was going to let the theater go, you know, and just let it move because I understand that's what the Mayor wants to see happen, you know, and that he's been pushing and supporting that. But we got to stop making deals like this that are not healthy and great for the City. We all know what financial state we're all in, and we got to figure out a way to get us out of the situation that we're in. And this is why we're always getting criticized for some of the decisions that we decide to make, 'cause we're making them off of you know -- sometimes off of relationships and friendships and not off of business. Andl'm just simply saying, in the end, I think that we need to look at all of our options before we make decisions. Last but not least -- because that just dealt with the theater, andl felt it was important for me to show -- or at least pass this out, andl know SMG is still here today. And if you have a question for him, you can ask him, but definitely said that they would be open to the bid as well. The last thing that I do want to say in closing is the issue I had was item 19. I wasn't even going to deal with 18 today, honestly. And that was when I got briefed on this whole issue regarding the affordability period, you know, I was originally told that it was only, what, three years left on it andl think it was to 2015. So then yesterday it was a little confusion in the end that it -- then it went to 35 years. So I just simply said, you know what, guys, I'm not all that comfortable about making a decision 'cause if we don't have a real number or date on that, then -- or time frame on that, then I would rather us defer it and really get clear on -- clarity on that. Andl think that's what came out of earlier discussions. But I still think even on 19, I think that we have to consider the options -- we got a million and one affordable housing companies here in Miami -Dade County that if they knew that this was available, they would like to have the options of also bidding for it as well. And many of them have NSP (Neighborhood Stabilization Program) dollars to rehab units. And if it's 35 additional years or 25 or whatever that affordability period is, then that truly opens up their ability to actually utilize those dollars to rehab the Gusman, which we know those City of Miami Page 136 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 apartments need rehab. I'm saying, why not put an RFP out that not only includes that -- the apartments, but in that RFP, include some sort of clause where a certain percentage of what comes out of that building goes in to feed the bottom line of the Gusman so that if Herman, let's say, is running the Gusman and he needs to meet his bottom line, he needs the extra 300 or 500 or whatever that number is, then we ask that whoever's going to manage and operate the building, that that's included in the RFP process. But we cannot sit up here on this dais and not -- on one item prior to lunch, say, yes, it's important to respect the process and to put a process in place, and then come back after lunch and then say, well, I don't know if we necessarily need a process. Andl'm just really concerned -- I mean, Commissioner Carollo made a statement earlier about the -- you mentioned Parrot Jungle, and that's a perfect example. I said this in my briefing with the City Attorney. I said, but wait a minute. I don't understand this, you know. I under -- and many of the discussion -- I understand that Herman has gotten upset and has said, here, take your keys back, you know. You guys run Gusman if you want to run Gusman, you know. I'm not going to do one without the other. Andl'm like, well, wait a minute. Are we being held hostage, you know, for a property that we own? Yes, you came to the table to help us and we appreciate that, but at the same time, you're not going to hold up -- hold us up on one issue because we're not agreeing with you on another. That's wrong. It's not the right thing to do, and I don't think that any of us should be put in that position. And here's a perfect example, and he mentioned it today, Commissioner Carollo. When we sat up here and we talked about Parrot Jungle and how we went back and forth and we all made the decision, we all stood up and said, you know what, if Parrot Jungle doesn't pay their -- we're not going to give them any additional money. We're not going to do anything -- no additional time, no additional land, no additional anything -- they got to pay them $2 million. If not, then, Julie, do what you need to do. We empowered the City staffers to do what they needed to do. And guess what? They turned around and paid us that $2 million. Andl'm simply saying we got to start holding our position on only thing -- the only things that we have to even create revenue. I just -- I don't understand or get this, you know -- a good citizen, private citizen comes -- private citizens come to me all day long telling me all about their wonderful, great, grandocious [sic] ideas that they have that they want to do for buildings and properties in my district. Some of them y'all already know about that we own and that we have, that nothing's happening in them right now; and that, quite frankly, in a district that really, really needs it, I should have that building or those properties open and being used. But instead of doing that, we hold off because we want to try to figure out a way to get the highest and best use out of those properties so that we can create revenue for the City. I just think that we need -- I'm very concerned with what, you know, I'm hearing and feeling about these issues. I would have let 18 go, but you know, I felt like I was being bullied, quite frankly, because ifI didn't agree with 18 -- and then to sit in a Commission -- and to sit in a briefing and have someone tell me from staff well, Commissioner, doesn't really matter because your vote -- you know, they already have the supportive votes they need. I'm like, whoa. That is just -- that's -- if that's not arrogance, I don't know what is. What gives anybody the audacity to say my fellow colleagues are not going to even listen to this whole thing objectively and make a decision? To me, I don't like the feeling of the backroom deal business. Andl quickly, you know, said, you know what, fine. If that's the case, I'm going to put my point out on the record, at least make sure that everybody understands my position. It has nothing to do with Herman; has nothing to do with Margaret; has nothing to do with Gusman. I love the Gusman to death. I want to support it to death, but want to see it survive. I don't want to see us having to pay for it later on and having any issues later on. So Spence -Jones, I wanted to at least make sure it goes down in history today that I support an open and transparent process so that everybody has the opportunity to participate. And if Herman wins, awesome. If he doesn't, then the other bidder should win. Mr. Torre: Commissioner, ifI can clarify -- Chair Suarez: Okay. Mr. Torre: -- one thing. In regards to the highest and best use, a theater and low-income City of Miami Page 137 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 housing is not the highest and best use. Commissioner Spence -Jones: Right. Mr. Torre: Obviously, we know that. However, there is an intangible value to the theater being open. From a real estate perspective, I will tell you there is a lot more value because a nighttime venue is a catalyst for the downtown revitalization, so I just wanted to clam those -- that comment to you. The other thingl did want to mention -- I think we may be missing the point here. I had spoken to SMG also as well. They would not be bidding apples to apples. Again -- andl refer you to Section 2.2 of the agreement, where it says the provider further understands -- the provider, which would be Olympia, Herman's group -- that the operation, management, and maintenance of the property shall be with funds derived solely out of the revenues of the property, the property's trustees, contributions, and in -kind services, and any or all other fundraising efforts of the provider. Nothing in this agreement is to be construed as the City committing to allocate any monies to the property on an annual basis. SMG would be charging us a management fee of anywhere between 75,000 to $125, 000. I've spoken to Jeff about this. Additionally, SMG does not do fundraising efforts. This is a nonprofit organization that is offering services for free. SMG really isn't a comparable company. Now they don't do fundraising. They're not guarantee -- they're not telling us, hey, we're going to go out and get $20 million to help improve your facility. Commissioner Spence -Jones: Right. And whatl'm saying to you -- Mr. Torre: SMG's a great -- Commissioner Spence -Jones: -- Henry -- right. Mr. Torre: -- company. Commissioner Spence -Jones: And whatl'm saying to you, Henry, I think that we should all be sitting up here and looking at all the options, period. I don't know what else is out there; do you? Mr. Torre: Commissioner, I've thought through a lot of these -- Commissioner Spence -Jones: Okay, but that's not the question. Do you know everything else --? Now -- 'cause if we're going to have a discussion, we're going to have a real discussion. Do you know all the other options that are out there? Have we --? Mr. Torre: Obviously, Commissioner, at this point nobody can know what -- Commissioner Spence -Jones: Okay, so all I'm say -- all I've ever said to you from day one when it comes to this project, from day one, was that I want to see what all the options are. Mr. Torre: Right. Commissioner -- Commissioner Spence -Jones: And we are city government. Mr. Torre: I understand. Commissioner Spence -Jones: We can't just give away stuff without even trying to figure out whether or not there's any options for us to create -- Mr. Torre: Right. City of Miami Page 138 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Commissioner Spence -Jones: -- additional resource. We have to have an -- Mr. Torre: Commissioner -- Commissioner Spence -Jones: -- open and transparent process. Mr. Torre: -- we're not giving away anything. We are giving away a management contract for -- to someone who is going to charge us nothing and we have a right to cancel that contract, Commissioner. Commissioner Spence -Jones: But that's not the point. Mr. Torre: So I don't want you to think -- this is nothing about conveying a property or anything like that. They are providing a service in which they are going to manage our facility for free. This was a facility, remember, that when it was operating, the City was subsidizing this to the tune of $500,000 a year. Right now they're -- Commissioner Spence -Jones: And what I'm simply saying to you -- and don't know ifI need to speak it in Chinese or Mandarin or, you know -- Mr. Torre: I understand -- Commissioner Spence -Jones: -- patois or whatever language you need me to speak in -- Mr. Torre: -- exactly what you're saying. Commissioner Spence -Jones: -- to so that you get it. Mr. Torre: I do get it, Commissioner. Commissioner Spence -Jones: And it's not just you. It's for everybody sitting in here -- Mr. Torre: Okay. Commissioner Spence -Jones: -- period. We have to have an open and transparent process. There's something very -- 18, I was going to roll with it. You know, if they want to run the facility, I don't have a problem with it. But now you're telling me 19, I'm going to give you a possibility of almost 100 units for you to manage and operate and, by the way, you've never managed and operated any low, affordable housing, period, and you're going to -- you're honestly telling me that it's best for us to take that route than leave the process open and see what else is out there? Mr. Torre: Commissioner, the process is still open. Again, we were giving them a management agreement that has a cancellation provision without cost. Commissioner Spence -Jones: And I'm saying to you, we should be doing that in the beginning, not the end. That should be the beginning of the process. Mr. Torre: Okay. Commissioner, they did -- Gusman did ask if they could make one or two comments just to clam something, if they can -- Chair Suarez: Look, it's been deferred and that was a point of privilege. I think we should -- you really want to go there? Okay, I'll give you guys a couple minutes but --I mean, I don't know that this is a good idea. City of Miami Page 139 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Commissioner Spence -Jones: I mean, first thing -- Ralph Patino: We come in peace. Commissioner Spence -Jones: -- the item is deferred at this point. I just wanted to put -- Mr. Chairman, I wanted to put my recommendations for next week's -- next -- the next two week's agenda so that at least it'll be addressed before we come back. But I just wanted you to understand or wanted staff to understand and my colleagues to understand the concerns. I think the process needs to be open and transparent. Mr. Patino: Commissioner, you have made your point extremely clear. And we also want the process to be open and clear. My name is Ralph Patino. I am the cochair of the Olympia Theater. First and foremost, certain comments were made here that absolutely need addressing today before we forget. This is not a Herman deal, as you -- as Commissioner Spence -Jones put it. My law firm, Patino & Associates, has been around for 26 years, and we have probably spent about 2,000, maybe 3,000 hours trying to help the City with the Gusman Center over the last two years, so this is not a Herman deal. This is not -- Margaret has spent a couple of thousand hours. Carlos Trueba and his accounting firm has spent a couple of thousand hours. This is not a Herman deal. This is not a backroom deal, okay, 'cause, truthfully, I don't know how these Commissioners are going to vote. The bottom line here is this, we felt from a philanthropic standpoint and -- from a philanthropic standpoint, we felt the Gusman needed help. And we came here to help the City ofMiami have the Gusman Theater survive. We are friends of the Gusman Theater. Bottom line is, you mentioned grandiose ideas. These are not grandiose ideas, Spence -Jones. Chair Suarez: Listen, listen, why don't we --? Mr. Patino: We'll defer to -- Chair Suarez: Thank you, thank you. Mr. Patino: -- the next go -around. Thank you. Chair Suarez: Appreciate it. Mr. Patino: Oh, and by the way -- Chair Suarez: RE.21. Mr. Patino: -- Commissioner Suarez -- Chair Suarez: Yes. Mr. Patino: -- the Olympia Center, Inc. donor pledge report that Commissioner Jones [sic] wanted, we have. We're going to present it to -- Chair Suarez: Present it to the Clerk -- Mr. Patino: -- Ms. Thompson, to the Clerk -- Chair Suarez: -- and she'll distribute it. Mr. Patino: -- along with the -- so that we collected 240,000 and we have pending pledges of 400,000 and it's clear, in black and white so you can see it. City ofMiami Page 140 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Chair Suarez: Thank you. Commissioner Carollo: Excuse me, Mr. Chairman. Chair Suarez: Yes, you're recognized. Commissioner Carollo: Is the 240, 000, is that for current year? Margaret Lake: Just a clarification on the numbers that he's giving the Clerk. Margaret Lake, executive director of the Gusman Theater, for the record. This document is essentially the pledges and contracts that are committed for this year. That's why it's the 4,000. You heard the 780 yesterday because that's over time. This is simply this fiscal. We had to go through and make sure who wanted to be noted publicly and who did not because, obviously, when you're fundraising in a town with a lot of people need money, there are people that want to give you private donations, so we needed to be very clear about who wanted to be on this list or not. This is the totals for this year. You've got names on it. It's in the record. Chair Suarez: Thank you. Thank you all. Yes, do you want to --? Okay, go ahead, Commissioner. Commissioner Gort: Mr. Torres [sic]. Chair Suarez: Thank you all. Thank you for your time. Commissioner Gort: Thank you. To compare apple with apple, when you talked about the best use, I understand the best use in that corner is to knock the whole thing down and have some new building. Mr. Torre: Oh, absolutely. Commissioner Gort: Okay, that's the best use of the -- Mr. Torre: Right. Commissioner Gort: -- real estate agency that exists there. What I'd like for you to get -- when you come back with the report, I want to know also the amount of revenues that is produced by the residential part of it, how much it needs to be done in that, and how much it can produce. At the same time, we do have a lot of theaters that they have shown in here. I'd like to see how many of those theaters throughout the United States are not subsidized by the cities, okay? Mr. Torre: My understanding is -- okay. Commissioner Gort: No, not now. Mr. Torre: Okay. Commissioner Gort: Make sure when you come back, you bring all the information because it's very important. Mr. Torre: I have that. Commissioner Gort: I mean, we want the people to know what we're doing, okay? Mr. Torre: Absolutely. City of Miami Page 141 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Commissioner Gort: Thank you. Commissioner Carollo: And Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: Could obtain Gusman's year-to-date financial statements? Chair Suarez: Please. Ms. Lake: You have that. Chair Suarez: It's in -- Commissioner Spence -Jones: It's in the book. Chair Suarez: -- yeah. Ms. Lake: It's in the book that we provided -- Commissioner Spence -Jones: It's not audited statements. Commissioner Carollo: Oh. Ms. Lake: -- up until June. We give you the audit at the end of the year. That's our last approved financial statement in June. Commissioner Carollo: Okay, but -- Ms. Lake: It's in the book. Commissioner Carollo: I'm not asking for audited. I'm saying your current year-to-date. Ms. Lake: Yeah. Commissioner Carollo: It's in this book? Commissioner Spence -Jones: It's in there. It's in the back. Ms. Lake: It's in there. Commissioner Spence -Jones: It's number 8. Commissioner Carollo: Okay. Ms. Lake: It's the last tab. Commissioner Carollo: Andl apologize, but I received this late afternoon yesterday, so I haven't had a chance -- Ms. Lake: No, it's okay. Commissioner Carollo: -- to look at it. Ms. Lake: I'm just letting you know where to find the stuff now, so you got two weeks. City of Miami Page 142 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Commissioner Carollo: And the 240 plus the 20 and whatever -- Ms. Lake : Well, that's a guar -- if you look at it quarterly, it's all there. It makes sense. Commissioner Carollo: Right, but it adds up to about three something. Ms. Lake: It's 400. The total's there on the paper. Commissioner Carollo: I see pledge pending contract, 400. Ms. Lake: Yeah. Commissioner Carollo: Okay. The 242 and the 207135 do not add up to 400, 000. Ms. Lake: Well, we'll fix that. I'm -- I will make sure that there's an updated sheet. Commissioner Carollo: Okay. Ms. Lake: I mean -- and some of these may be in -kind. We'll get you the detail. The issue is really not giving public names of people who didn't want to be public. Commissioner Carollo: I'm not asking for -- listen, I'm not asking for any names. I don't want any names. What want to know -- Ms. Lake: That was requested by other people, so I wanted to get -- collectively. Commissioner Carollo: Okay, fine. That's not what I've requested. I'm just simply requesting the dollar amounts. There was an amount promised and remember. It was 10,000 for 50 people at 500,000 per year, okay. So I'm already a little concerned whether this year -- if we're at 400,000 -- andl don't see the calculation equaling 400,00, but let's say we are at 400, 000, okay, we have less than a month to reach that other 100, 000. If not, you might be off your budgeted -- Chair Suarez: Amount. Ms. Lake: I'll be happy to go through this book with you in its entirety. It's a business plan. We've upped the business by 23 percent. If we're down two donors, we brought in more shows. I'm not sure where you're headed. Commissioner Carollo: Okay. Where I'm heading is I wanted to see that your revenues and expenses current, year-to-date, so I could see where you're at. Ms. Lake: They're in there. Commissioner Carollo: So simple as that. Ms. Lake: Perfect. If you've got any direct questions, I am always available by cell and e-mail (electronic). Chair Suarez: Thank you. Commissioner Carollo: By the way -- One more thing, Mr. Chairman. Chair Suarez: Go ahead. City of Miami Page 143 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Commissioner Carollo: -- where in all these tabs is your current year financial statements? Ms. Lake: It's at the very end. It's June -- Vice Chair Sarnoff Tab 8. Ms. Lake: -- financial statements -- Commissioner Carollo: Tab 8? Commissioner Spence -Jones: Tab 8. Ms. Lake: -- Tab 8. Vice Chair Sarnoff 8, Tab 8. Ms. Lake: I can e-mail it to you too. Commissioner Carollo: Hold now. No, no. Hold on, hold on. Ms. Lake: The rest of my team has left, however. So I think it's best served that we do this in two weeks. Chair Suarez: Let's do it in two weeks. Commissioner Carollo: Okay. And this is the most current you have as of June 30? Ms. Lake: It's board approved as of June 30. Commissioner Carollo: Okay. 171 take a look at it. Chair Suarez: Thanks. Vice Chair Sarnoff Margaret, would you do me a favor? When you reach out to Commissioners by e-mail, would you carbon copy my office so I can see that you've reached out to them? Ms. Lake: Absolutely. Vice Chair Sarnoff Thank you. Chair Suarez: Thank you. Ms. Lake: Again, anything you guys need. RE.19 RESOLUTION 12-00363 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MANAGEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FORA FIFTEEN (15) YEAR INITIAL TERM, WITH UP TO THREE (3) FIFTEEN (15) YEAR TERM OPTIONS TO RENEW, WITH OLYMPIA CENTER, INC., A FLORIDA 501(c)(3) NOT -FOR -PROFIT ORGANIZATION FOR THE ADMINISTRATION, OPERATION AND MANAGEMENT OF THE AFFORDABLE City of Miami Page 144 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 HOUSING RESIDENTIAL RENTAL TOWER AND RELATED AMENITIES INCLUDING RETAIL SPACES OF THE OLYMPIA BUILDING LOCATED AT 174 EAST FLAGLER STREET, MIAMI, FLORIDA 33131; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL OTHER CONTRACTS, DOCUMENTS AND AGREEMENTS, INCLUDING LEASES, FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE 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. 12-00363 Summary Form.pdf 12-00363 Legislation (Version 3).pdf 12-00363 Exhibit 1.pdf 12-00363-Submittal-Olympia Center Pledge Report.pdf 12-00363 Submittal -Theaters Managed by SMG.pdf 12-00363- Submittal -Olympia Center Supplemental Info.pdf SPONSORS: HONORABLE MAYOR TOMAS REGALADO VICE-CHAIRMAN MARC SARNOFF DEPARTMENT OF PUBLIC FACILITIES Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.20 12-00889 Coconut Grove Business Improvement District (BID) Board Note for the Record: Item RE.19 was deferred to the September 27, 2012 Direction by Commissioner Gort to the Administration for the Director of Public Facilities to prepare a report for the September 27, 2012 City Commission Meeting, which details the revenues generated by the residential portion of the Olympia Building, further requesting an analysis of the theaters managed by SMG to determine which ones are not subsidized by local governments. Note for the Record: Please refer to item RE.18 for minutes referencing item RE.19. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE RECOMMENDATIONS AND PROPOSED AMENDED BUDGET OF THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT BOARD, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012. 12-00889 Memo - Coconut Grove BID.pdf 12-00889 Legislation.pdf 12-00889 Exhibit 1.pdf 12-00889-Submittal - BID Budget Report.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. City of Miami Page 145 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones Note for the Record: Item RE.20 was deferred to the September 27, 2012 Commission Meeting. Chair Suarez: RE.20, moving right along very smoothly this afternoon. You have to leave at 4, right, Vice Chair? Vice Chair Sarnoff No, no. I'm good now. Chair Suarez: Oh, you're good? Vice Chair Sarnoff I didn't think it would happen so -- Chair Suarez: You're not going to go? Vice Chair Sarnoff I didn't think we'd make it. Commissioner Carollo: Well -- Chair Suarez: Okay. Commissioner Gort: You didn't get the job as the quarterback. Commissioner Carollo: Whoa, whoa, whoa, whoa. Hold on, hold on. Remember what you stated -- Vice Chair Sarnoff They gave my seat -- (UNINTELLIGIBLE) safety job away. Commissioner Carollo: -- before that when you commit to something and other people have, you know, planned around that. Vice Chair Sarnoff I'm not -- he's just asking me andl saidl don't have it, but we'll still maintain the schedule. Chair Suarez: I'm confused now. Vice Chair Sarnoff Well, I'm not -- Commissioner Carollo: At 4 we're breaking 'til 5. Chair Suarez: Yeah, yeah. That's what I was -- Vice Chair Sarnoff We'll break from 4 to 5. Commissioner Carollo: We're still going to break at 5. Chair Suarez: Right. Commissioner Carollo: We'll break at 4. Chair Suarez: We are going to still do that then. Commissioner Carollo: Okay, okay. City of Miami Page 146 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Vice Chair Sarnoff Right. Chair Suarez: Okay, okay. RE.20. RE.20, BID (Business Improvement District), amended budget. Commissioner Gort: Anyone. Anyone awake? Vice Chair Sarnoff Coconut Grove BID. David Collins or Carl. Chair Suarez: Yes. Come to the microphone, please, quickly, quickly. We got to move. David Collins: Yes, sir. Chair Suarez: Thank you. Do you want to put anything on the record or do you want us to just Mr. Collins: Yes. Chair Suarez: -- entertain a motion? Mr. Collins: We would like to present our amended budget. We have some generated documents by our accountant and bookkeeper, which we'd like to hand out if we may. Chair Suarez: Thank you. Is there a motion? Vice Chair Sarnoff So move. Chair Suarez: Moved by the Vice Chair. Is there a second? Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. Any comments? Commissioner Carollo: Yes. Priscilla A. Thompson (City Clerk): Can I please have a name for the record, sir? Mr. Collins: Thank you. David Collins, 3230 Gifford Lane, andl have with me the new executive director of the Coconut Grove BID, Mr. Carl Templer. Chair Suarez: Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you, Mr. Chairman. Once again, when I saw RE. 20 and a request for an amended budgeted, I requested that all those amendment be put in a column next to the original budgeted amount. I still have not received that. Mr. Collins: I think that's what you're receiving now, sir. Commissioner Carollo: Oh, and I'll have a whole two minutes of reading it, if that, to analyze it and see what's been changed. Mr. Collins: We apologize for that. Vice Chair Sarnoff What would you like to do, Commissioner? City of Miami Page 147 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Commissioner Carollo: I'm not ready to vote on this right now. And if we are going to vote, I'm going to vote no. Vice Chair Sarnoff Would you like to table it? Would you like to defer? Does this need to be heard today? Mr. Collins: No, I don't believe it does. Commissioner Carollo: It does not. However, just as a -- just to clam, it does not. However, the BID budget comes to us -- comes before us today also, and there is comparables from last year's or this current year's to what they're asking. Obviously, the numbers, I don't know if they tie to this or not. It hasn't even been approved, so I don't know -- I haven't even been able to see if the comparables that they're giving us are the exact ones that we're voting today or was it the originals or what. I know I had discrepancies, and that's why when I saw this, I requested to have an additional column just so I could be clear on exactly what is being amended. Vice Chair Sarnoff So what's your pleasure? Commissioner Carollo: I'm not ready to vote on this so we could either defer it, but I'm also -- and even if we table it, I don't know with what time. And l just want to give everyone a heads up that the BID budget is coming before us also and it is based, yes, next year's number. However, it is a comparable of this year's numbers and I'm not clear what this year's numbers are. Vice Chair Sarnoff So -- I don't want to -- I want to do what you want to do, which is -- tabling it doesn't sound -- Commissioner Gort: Defer the thing. Commissioner Carollo: No. I say we defer it. We're going to end up deferring it, or at least that's my preference, to defer. Vice Chair Sarnoff All right. So there's a motion for deferral. Is there a second? Commissioner Gort: Second. Vice Chair Sarnoff Second. All in favor, please say "aye. The Commission (Collectively): Aye. Vice Chair Sarnoff Okay. Ms. Thompson: May I have the date, please, sir? Vice Chair Sarnoff When would you like to defer it to? Commissioner Carollo: We would defer it to September 27 in order to have the information ready for when they come before us, if we so decide to defer the BID budget today to September -- when is the next budget meeting, Madam City --? Commissioner Gort: The 27th. Ms. Thompson: September 27. Commissioner Carollo: September 27. City of Miami Page 148 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 RE.21 12-00903 Department of Capital Improvements Program Vice Chair Sarnoff Okay. Mr. Collins: Thank you. Commissioner Gort: Thank you. Chair Suarez: Is there a motion? Commissioner Carollo: Yeah. There's a motion and a second. I don't know if we voted yet. Vice Chair Sarnoff Yeah, we did. Commissioner Gort: No. Chair Suarez: We did? Vice Chair Sarnoff We did. Commissioner Gort: Did? Ms. Thompson: Yeah. Commissioner Gort: Okay. Chair Suarez: Okay. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADDING CAPITAL PROJECTS APPROPRIATIONS TO THOSE LISTED IN RESOLUTION NO. 12-0278, ADOPTED JULY 26, 2012, AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. 12-00903 Summary Form.pdf 12-00903 Legislation.pdf 12-00903 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Vice Chair Sarnoff, 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 R-12-0316 Chair Suarez: RE.21. Albert Sosa: Albert Sosa, director of Capital Improvements. RE.21 is our standard appropriations item where we move money between projects. Chair Suarez: Is there a motion? Vice Chair Sarnoff So moved. City of Miami Page 149 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Chair Suarez: Moved by the -- Commissioner Gort: Second. Chair Suarez: -- Vice Chair. Is there a second? Commissioner Gort: Second. Commissioner Carollo: Give me a second, give me a second. Let me get my -- I'm sorry, which RE (Resolution) are we in? Chair Suarez: It's the appropri -- I'm sorry. Vice Chair Sarnofff. 21. Mr. Sosa: 21. Chair Suarez: It's RE.21. It's the capital appropriations. Commissioner Carollo: Okay, I'm okay. Chair Suarez: Second by Commissioner Carollo. Commissioner Carollo: Second. Chair Suarez: I wanted to thank you, Albert, once again. I mean, I know we're -- you're leaving us, but you're leaving us on a good note. And in particular with reference to the appropriations, one of the things thatl -- we had been mentioning in the last two meetings was citywide appropriations being divvied up, you know, in a fair manner. Andl think this accomplishes that. And so, I just want to commend you for that and for the work that you've done in the time you've been here. Mr. Sosa: Thank you. Chair Suarez: You're going to be missed. All right. Commissioner Gort: Don't you need to make a floor amendment? Mr. Sosa: That's -- before we move off the item -- Chair Suarez: Sorry. Mr. Sosa: Thank you, Commissioner. The motion was a little too quick. Chair Suarez: Yeah, I'm sorry. Mr. Sosa: We wanted to make a floor amendment on page 4 of 5 of the attachment. There's a -- there's two scrivener's errors on there. The first one that I'll mention is at the very top of the page. The title of the fourth column should not read to project. It should read award/source. That was just a scrivener's error that we -- when we titled the columns, we didn't carry it from one page to the next. The second item, it was also a scrivener's error. On the row titled B35806 -- that's also on page 4 of 5 -- Curtis Park new pool, the allocation there is listed as $200, 000. It was supposed to be $500,000. It's a typo. So that's -- if we can do the motion as amended, we'd greatly -- City of Miami Page 150 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 RE.22 12-00905 Department of Capital Improvements Program Chair Suarez: Yes. Mr. Sosa: -- appreciate it. Chair Suarez: Will the maker of the motion amend the motion? Commissioner Carollo: Yes. Chair Suarez: And the seconder, yes? Vice Chair, yes? Okay. Vice Chair Sarnoff Yes. Chair Suarez: It's been moved and second. All in favor, signifi, by saying "aye. " The Commission (Collectively): Aye. Chair Suarez: RE.22. Thank you, Mr. Sosa. Commissioner Gort: By the way, I'd like to thank both you and Alice. I think you did a tremendous job in going through all the numbers and finding funds to be able to do the work that we've been doing. Thank you. Mr. Sosa: Thank you. Thank you very much. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED JUNE 8, 2012, PURSUANT TO INVITATION TO BID ("ITB") NO. 11-12-020, FROM FHP TECTONICS CORP., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE MIAMI RIVER GREENWAY NW 10TH AVENUE TO NW 12TH AVENUE PROJECT, B-30651, IN THE AMOUNT OF $1,037,356.74, FOR THE SCOPE OF WORK, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $103,735.67, FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $1,141,092.41; ALLOCATING FUNDS IN THE AMOUNT OF $1,141,092.41, FROM CAPITAL IMPROVEMENT PROJECT NO. B-30651; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. 12-00905 Summary Form.pdf 12-00905 Legislation.pdf 12-00905 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-12-0317 Albert Sosa: RE.22. Albert Sosa, director of Capital Improvements. It's a resolution authorizing the City Manager to execute a contract with FHP Tectonics for the construction of City of Miami Page 151 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 RE.23 12-00906 Department of Capital Improvements Program the Miami River Greenway along South River Drive, between loth Avenue and 12th Avenue. The contract value is $1,141, 000. And the funding for this project is from the Florida Department of Transportation through a grant. Chair Suarez: Is there a motion? Commissioner Carollo: Move it. Chair Suarez: Moved by Commissioner Carollo. Is there a second? Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. All in favor, signift by saying aye. The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED JULY 18, 2012, PURSUANT TO INVITATION TO BID ("ITB") NO. 11-12-022, FROM JVA ENGINEERING CONTRACTOR, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE MIAMI RIVER GREENWAY NW 5TH STREET BRIDGE EXTENSION PROJECT, B-30336, IN THE AMOUNT OF $896,818.25, FOR THE SCOPE OF WORK, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $89,681.82, FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $986,500.07; ALLOCATING FUNDS IN THE AMOUNT OF $986,500.07, FROM CAPITAL IMPROVEMENT PROJECT NO. B-30336; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. 12-00906 Summary Form.pdf 12-00906 Legislation.pdf 12-00906 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-12-0318 Chair Suarez: RE.23. Albert Sosa: Albert Sosa, director of Capital Improvements. It's a resolution authorizing the City Manager to execute a contract with JVA Engineering for the Miami River Greenway project, between 7th Avenue and loth Avenue, along the South River Drive. It's in the amount of $986, 000. This is also being funded by an FDOT (Florida Department of Transportation) grant. Chair Suarez: Is there a motion? Commissioner Carollo: Move it. City of Miami Page 152 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 RE.24 12-00971 SEOPW Community Redevelopment Agency Commissioner Gort: Second. Vice Chair Sarnoff Second. Chair Suarez: It's been moved and seconded. All in favor, signift by saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE EXECUTIVE DIRECTOR OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (" CRA") TO EXECUTE A SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY ("COUNTY") AND THE CITY OF MIAMI ("CITY"), TO RESOLVE THE DISPUTE BETWEEN THE CRA, THE CITY AND THE COUNTY REGARDING OWNERSHIP OF BLOCK 45 AND BLOCK 56, NORTH CITY OF MIAMI, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK "B', AT PAGE 41 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND PORTIONS OF BLOCK 36 OF P.W. WHITES RE -SUB, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK "B" AT PAGE 34 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, WHICH THE COUNTY CLAIMS REVERTED TO THE COUNTY; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AND AMEND ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO THE SPECIAL COUNSEL. 12-00971 Memo - SEOPW CRA.pdf 12-00971 Legislation.pdf 12-00971 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Sarnoff, 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.24 was deferred to the September 27, 2012 Commission Meeting. Commissioner Spence -Jones: Mr. Chairman, I think the City Attorney also has an item that we want to -- it's to defer, right? Julie O. Bru (City Attorney): Yes. There's an item, RE.24, that was a -- that is a settlement agreement between the City, the County, and the CRA (Community Redevelopment Agency). That needs to be deferred to the -- Commissioner Spence -Jones: Deferred. Ms. Bru: -- 27th. Chair Suarez: Okay, does somebody want to make a motion? Commissioner Spence -Jones: So moved. Vice Chair Sarnoff Second. City of Miami Page 153 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Commissioner Carollo: Second. Chair Suarez: Moved by Commissioner Spence -Jones, second by the Vice Chair. All in favor, signify by saying iiye. " The Commission (Collectively): Aye. Commissioner Gort: Mr. Chairman, may I make a presentation? Commissioner Carollo: And -- Chair Suarez: Yes, ma'am. Commissioner Carollo: -- I'm sorry; to what date? Ms. Bru: The 27th. Commissioner Spence -Jones: Yeah. Chair Suarez: The 27th, the next Commission meeting. RE.25 RESOLUTION 12-00972 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney CITY ATTORNEY TO TAKE ALL LEGAL ACTION NECESSARY, INCLUDING INITIATING ANYANDALL LITIGATION, IN LAW OR IN EQUITY, TO ENFORCE THE CITY OF MIAMI'S RIGHTS UNDER THE COMMERCIAL SOLID WASTE FRANCHISE AGREEMENT WITH SOUTHERN WASTE SYSTEMS L.L.C. AND ALL RELATED ENTITIES. 12-00972 Memo - Office of the City Attorney. pdf 12-00972 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.26 RESOLUTION 12-00976 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A Attorney PAYMENT TO THE CITY OF MIAMI, IN THE AMOUNT OF $25,000 FROM EACH DEFENDANT, FORATOTALAMOUNT OF $50,000, IN FULL SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST HDR ENGINEERING, INC., AND WEEKLEYASPHALT PAVING, INC; DIRECTING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT. 12-00976 Memo - Office of the City Attorney. pdf 12-00976 Legislation.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 154 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-12-0319 Chair Suarez: RE.27. Julie O. Bru (City Attorney): Mr. Chair. Chair Suarez: Yes. Ms. Bru: RE.27? Chair Suarez: Yes. Ms. Bru: What happened to RE. 26? Chair Suarez: Did miss one? I'm sorry. RE.26 then. Ms. Bru: Oh, okay. Commissioner Gort: 26, 25. Chair Suarez: Did we not do 26? Commissioner Carollo: No, we did not. Chair Suarez: Okay, my apologies. RE.26. Albert, I think we need you again. Ms. Bru: Okay. Chair Suarez: Oh, no. That's a settlement. My apologies. Ms. Bru: All right. Yeah. This is a settlement -- Chair Suarez: Go ahead. Ms. Bru: -- with -- it's the City ofMiami versus HDR Engineering, et al. We have briefed each Commissioner on this matter. I'd rather not get into any of the details if not necessary. But this would be -- the City would be accepting a total of $50, 000; 25,000 from each of the two defendants that are -- Vice Chair Sarnoff So move. Ms. Bru: -- settling. Chair Suarez: Moved by the Vice Chair. Commissioner Gort: Second. Commissioner Carollo: Second. Chair Suarez: Second by Commissioner Carollo. All in favor, signift by saying aye." City ofMiami Page 155 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 RE.27 12-00993 Office of the City Attorney The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF ATTORNEYS FEES AND COSTS FOR THE ENGAGEMENT OF THE LAW OFFICES OF OSCAR E. MARRERO FOR THE REPRESENTATION OF MIGUEL EXPOSITO IN THE CASE OF JULINA BELIZAIRE, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF GIBSON BELIZAIRE ETAL., VS. CITY OF MIAMI, MIGUELA. EXPOSITO, IN HIS OFFICIAL CAPACITY ETAL., PENDING IN THE MIAMI-DADE COUNTY CIRCUIT COURT, CASE NO.: 12-29112 CA 13; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000. 12-00993 Memo - Office of the City Attorney. pdf 12-00993 Legislation.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-12-0320 Chair Suarez: RE.27. Julie O. Bru (City Attorney): RE.27 is a resolution seeking authority to spend money to retain the offices of Oscar Marrero to represent the former chief of police, Miguel Exposito, in a law suit that has been filed by Juliana [sic] Belizaire, as personal representative of the estate of Gibson Belizaire. Vice Chair Sarnoff This is a great country. So moved. Chair Suarez: What's that? Commissioner Gort: Second. Vice Chair Sarnoff It's a great country. A man that shoots at a cop can actually file suit because he was shot. I'm saying -- Chair Suarez: I just have a question. Vice Chair Sarnoff -- this is a great country. Chair Suarez: I have a question. Ms. Bru: It's called the Civil Rights Act. Commissioner Carollo: Second. Vice Chair Sarnoff No, I understand. I'm just trying to figure out, you shoot at a police officer twice and then you're inevitably killed and your estate can sue. It's a great country. Chair Suarez: There's a motion and a second. I have one question. I thought we had -- you had City of Miami Page 156 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 RE.28 12-00996 Department of Finance mentioned to me in the -- in briefing that it may not be necessary for there to be outside counsel. Ms. Bru: I discussed it with my attorneys in the office, and because of the situation with the former chief and the potential for litigation for -- past history of litigation, potential for future litigation, we don't feel comfortable with representing him in-house. Chair Suarez: Okay. It's been moved and seconded. All in favor, signift by saying aye. The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO TRANSFER FUNDS IN THE AMOUNT OF $180,000, FROM ONE BUDGETARY LINE ITEM (512000 PERSONNEL) TO ANOTHER BUDGETARY LINE ITEM (531000 PROFESSIONAL SERVICES) WITHIN THE DEPARTMENT OF FINANCE, GENERAL FUND, AS STATED HEREIN. 12-00996 Summary Form.pdf 12-00996 Legislation.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort Note for the Record: Item RE.28 was deferred to the September 27, 2012 Commission Meeting. Chair Suarez: RE.28. Stephen Petty: This is Steve Petty, director of Finance. AndRE.28 is a request by the Finance Department to transfer some funds, in the amount of 180, 000, from one budgetary line item, which is personnel -- Vice Chair Sarnoff So moved. Commissioner Carollo: Second. Chair Suarez: There's a motion and a second. I have some major, major issues with this one. I've spoken to the Manager about it. I will not be voting in favor of it. I don't even know where to start. But suffice it to say that of the amount of money that's being moved, $110, 000 of it is for the creation of a business plan or a CAFR (Comprehensive Annual Financial Report) prep process. And according to the backup data, it is for a company to gain a preliminary understanding of our current structure, staffing, and policies, as well as some familiarity with the strengths and weaknesses of the City's financial function, which I thought was the function of the director, who we're paying -- and no offense to you, Mr. Petty. I've had maybe three -- you know, three conversations with you since you came on about six months ago. But your salary is actually about the same as this outside consultant, you know. You were hired and, you know, again, no offense to you -- I don't know you personally -- but without a CPA (Certified Public Accountant) license, no prior employment with a government agency, no references, no resume, no description in skills section, and the City Manager waived the qualification requirements. So for me, that would normally mean that you must be some exceptional person because if you've been able to get hired without any of those things, you must have some exceptional reason why you're hired. So for me, it's just -- I just can't stomach having to pay an outside consultant now to do what I think, what I consider to be the job of the director and, you know, particularly when City of Miami Page 157 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 we have a director that, you know, was chosen without -- you know, without all those qualifications that you would think a director of the Finance Department would or should have. So I can't -- I cannot support it. I think there's a later appropriations that's asking us or seeking for this Commission to allocate an additional $900, 000 for a variety of things. Even the $70, 000 component of the 180, which is for treasury services, to me, could have been easily avoidable had we advertised for the position, for Mirtha's position, which is the treasurer, who left three weeks ago. That never happened. We have an HR (Human Resources) Department, which I think has over 30 employees. It's a multimillion dollar department. I just -- I personally, given our financial situation, can't -- you know, I can't -- it would be like having two directors for me. I -- you know, I can't. I can't vote for it so -- I don't know how everyone else feels, but that's how I feel. Vice Chair Sarnoff. I got to say, I felt differently until now, but that was pretty articulate. Chair Suarez: Thank you. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: What do you suggest we do, though, because we obviously have financial issues? Chair Suarez: Absolutely. I suggest we hire a director that's capable of handling the department. Commissioner Carollo: But that's not for us to determine. That's the City Manager. Chair Suarez: No, I agree. Commissioner Carollo: But besides that -- Chair Suarez: Right. Commissioner Carollo: -- you know, how long is that going to take? And what I am saying -- Chair Suarez: No, I hear you. I hear you. Commissioner Carollo: -- I'm just -- you know, and this isn't something that I say now and for the first time and -- no. I've been saying this way before anybody. I mean, we're talking years. Andl used to kid, I'm in the penalty box. Remember when I used to say that? Because I -- Vice Chair Sarnoff. I thought you're still in -- you got out of that box? Commissioner Gort: You never been in the penalty box. Come on. Give me a break. Vice Chair Sarnoff. I thought he stayed in that box. Commissioner Gort: Give me a break. Chair Suarez: Guys, guys, guys. Commissioner Gort: You got us in the penalty box. (UNINTET,TIGIBT,F). Commissioner Carollo: And that's because I kept challenging it, andl was concerned about our City of Miami Page 158 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 financial situation, andl continue to be concerned about our financial situation; and that's what I'm saying, okay, we've hired -- And by the way, we have a CFO (Chief Financial Officer) because if you -- as you recall -- Chair Suarez: There wasn't one for a while. Commissioner Carollo: -- there wasn't one for a while. Chair Suarez: Right. Commissioner Carollo: Andl was leading the charge. We need a CFO, we need a CFO. So what happens? They took the CFO position from the budget. Anyways, we've come a long ways as far as at least the Administration saw that, yes, we need to hire a CFO, and the Manager has, and then they hired a Finance director, which, by the way, I -- the reason we were late with our audited financial statements, our issued audited financial statements is because our Finance team -- which we really didn't have one 'cause we didn't have a CFO -- Chair Suarez: Right. Commissioner Carollo: -- and a Finance direct -- Chair Suarez: Right. Commissioner Carollo: -- was, you know -- weren't involved in the audit process. Chair Suarez: Right. Commissioner Carollo: And when our auditors are asking, hey, we need this information, apparently there was some confusion or the information wasn't getting to them. So it made -- it put us in a very bad light. With that said, my question is, again, okay, How do we move forward? The bottom line is, the CFO and the Finance director that was hired is coming to us and saying, hey, listen -- Chair Suarez: Right. Commissioner Carollo: -- we're not asking for more money. Within the budget amount that you have given us, what we're asking for is we want to use these monies to hire what you've stated in order to fix our financial situation. And so when the new audit begins, which should be beginning soon if they're doing -- Mr. Petty: It's already begun. Commissioner Carollo: Yeah. Therefore, we will be ready and next year we will be on time so -- Chair Suarez: Yeah. And again, I -- if -- I'm sorry for cutting you off. But I understand your concern. I think your concern -- Commissioner Carollo: Absolutely. Chair Suarez: -- is extremely valid, which is, you know, two fold from my perspective, which is, number one, we should have our CAFR on time, and number two, we should follow the recommendations of our CAFR and implement those recommendations. The problem I'm seeing is that's what our department director should be doing, in my humble opinion. And he's been on staff for six months. And this is, again, no attack on you personally. I don't -- you know, I've only met you a couple times. But what else is the job of the department director if not to review, City of Miami Page 159 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 assess, and recommend changes and improvements to the City's Finance Department, which is task number one from the proposed consultant that we're going to pay, you know, $110, 000 to, in addition to a director that we're already paying $140, 000 to. So to me, it's just double dipping. It's not -- Mr. Petty: IfI could just -- Chair Suarez: -- responsible, in my opinion. Vice Chair Sarnoff. Well, I like your argument. So maybe the solution -- just a suggestion -- we defer this --I know we're deferring, but to the next Commission meeting. In that time frame, we have Mr. Petty, our CFO, and the Manager come to us and -- 'cause I'd like to -- Commissioner Gort: Explain the reasons. Vice Chair Sarnoff. What you brought out today, I was completely unaware of. I don't feel like I'm blindsided, but you know, I didn't know it. And let them explain to us why it is not a double dip, if you will; why Mr. Petty is qualified, what actions he's taken in those six months. Chair Suarez: Right. Vice Chair Sarnoff. 'Cause I think you bring up some very valid points. And I'm not prepared to vote on this simply by the points you brought up because I'll look pretty uninformed having just voted on it. Chair Suarez: Andl could tell you, Mr. Vice Chair, thatl expressed these frustrations internally, so it's not like I'm just coming out here and -- Vice Chair Sarnoff. Oh, I -- no doubt. Chair Suarez: -- trying to surprise -- Vice Chair Sarnoff. You don't bring -- Chair Suarez: -- the Administration. I was -- in fact, the way that this came to me was in a way thatl don't find very tasteful, which was a memo was given to me saying, you're the chairman. You can just sign it and you can make that allocation from one line to the other without it even ever coming to the Commission. So I refused to do that. I didn't see the emergency, number one. And secondly, I didn't agree with the substance of it. So they brought it to the Commission, andl still don't agree with the substance of it. And furthermore, you hire someone to do what I think is the job that you're trying to hire a consultant for and then you're waiving, you know, qualification requirements. There's all these other issues regarding the person's -- And what told the Manager at one point was, listen, pick one or the other. Either have a consultant that's going to analyze the department and recommend changes or have a department director, but you can't have both, from my perspective. So anyhow -- Commissioner Spence -Jones: Mr. Chairman. Chair Suarez: Yes. Commissioner Spence -Jones: So you were the whipping board on this one? Chair Suarez: What's that? Commissioner Spence -Jones: So you -- City of Miami Page 160 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Chair Suarez: Yeah -- Commissioner Spence -Jones: Yeah. Chair Suarez: -- exactly. Commissioner Spence -Jones: You know, you -- Chair Suarez: Yeah. Commissioner Spence -Jones: -- for the most part, you're pretty laid back -- Chair Suarez: Yes, ma'am. Commissioner Spence -Jones: -- (UNINTET,T IGIBT ,F), but this kind of got under your skin. Chair Suarez: Yes, it did. Commissioner Spence -Jones: So I'm going to be a little bit more -- Chair Suarez: I think it's pretty clear. Commissioner Spence -Jones: -- low key on it. Chair Suarez: Okay. Commissioner Spence -Jones: Let me just state -- 'cause I -- you know how I feel about City employees, andl know it's tough to do your jobs. Andl do want to like at least put some of this stuff in a -- what do you call it? -- time frame. We know that Mr. Petty came in -- has only been there for six months, but we know that he also came in during a very rough period in the City. Chair Suarez: Agreed. Commissioner Spence -Jones: We had the SEC (Securities and Exchange Commission) investigation happening -- Chair Suarez: Agreed. Commissioner Spence -Jones: -- I mean, the -- I guess the final wrap-up of that and that's still going on. We have the CAFR situation, which was totally out of control -- Chair Suarez: Agreed. Commissioner Spence -Jones: -- which, by the way, you were able to -- you and Janice were able to get it done considering so many -- huh? Unidentified Speaker: (UNINTET,T IGIBT ,F). Commissioner Spence -Jones: Right. So -- were able to get it done. And you know -- so I just -- I -- while I totally agree with my Chairman on, you know, things that may have hap -- should have happened on an Administration side of it, I'm with you on that, but also want to at least be a little sensitive to the issues as well from the standpoint that you -- basically, both you and Janice were thrown in the lion's den and, for the most part, kind of survived it from that perspective. City of Miami Page 161 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Chair Suarez: And -- Commissioner Spence -Jones: I'm almost done, I'm almost done. Chair Suarez: Okay. Commissioner Spence -Jones: I'm almost done. I let you whip up a little bit. I just (UNINTELLIGIBLE). Only thing that I would want to really say from -- based upon my briefings with Janice on this issue was I really -- at the end of the day, the buck kind of stops with Janice 'cause she's the CFO -- Chair Suarez: Agreed. Commissioner Spence -Jones: -- and for the most part, you know, Stephen -- Mr. Petty, kind of reports up, correct? Okay. So, Janice, if you don't mind coming, okay. At the end of the day and as we had our end of the day yesterday -- I mean, meeting before we closed out my day, you know, I wanted to ask you, you know, 'cause I had some concerns about the 180 -- I mean, the money being shifted around, remember. But when you explained it to me, you know, Commissioner, we really need the resources to ramp up, you know. You talked about the morale in the department, period, because of all the transition has been very low, you know; that you needed to have immediately at your fingertips, without having to go through all of the personnel -related issues to hire people to get them up and running and going in a department, that you needed to have professional consultants that can come in immediately, that can work along with the staff that was already in the department that's left there to keep them motivated and to keep the morale going. All of those things you told me, you kind of made me feel a little bit more comfortable about your decision 'cause, to my understanding, this was really, more or less, your recommendation of something you felt was needed in order to bring the department up to speed, correct? Janice Larned (Chief Financial Officer): Yes, ma'am. Commissioner Spence -Jones: And that you would use this as a means of transitioning new employees in during that process because as you go, you're able to feel out certain consultants that are working in the department that maybe, one, could, you know, either, you know, go on to actually apply for the position and maybe be brought on. And at the same time, you could still be, you know, looking for people on the outside that could come in. At this point, you explained to me that the department was low -- the employment in the department was at a low and that you had to really build it up, and the only way that you were going to be able to build it up quickly, you know, is by at least getting the consultants in to fill in the gap. Ms. Larned: Yes, ma'am. For the record, Janice Larned, assistant City Manager/Chief Financial Officer. Yes, ma'am. Commissioner Spence -Jones: Okay. So this -- I just want my fellow Commissioners to know at the end of the day, this was the CFO's recommendation of what she felt, along with Mr. Petty, was important to have happen now so that as we get ready to go into the CAFR and those other things, we're not missing a beat and finding ourself in the same position we found ourself at the -- a few months ago, rushing to try to get it all done. Ms. Lamed: Correct. Commissioner Spence -Jones: Didl say it right? Ms. Lamed: Correct. City of Miami Page 162 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Commissioner Spence -Jones: Okay. Chair Suarez: Yeah. And ifI may, I -- you know, Danny Alfonso, who's the budget director, got thrown into a very difficult circumstance and he has handled it marvelously. In fact, the other day he was saying that he eliminated a position. So what he's doing is precisely what the job description, in my humble opinion, is for a department director, which is assessing a department, recommending changes, you know, and making improvements to the department. In Finance, what we've seen is a situation where we're down, I believe, six employees -- by the way, it's a department that has 68 positions, 68 positions. That's a lot of positions to provide all those services, like the CAFR and figuring out -- you know, figuring out how to implement the recommendations of the CAFR. So, you know, even if it's down 6 positions, they still have 62 positions. One of the things I was telling Janice in our meetings was what if you pay this outside consultant and he analyzes the size of the City and a similar businesses [sic] and says, you guys are bloated. You guys have 30 more employees than what you need to do the job that you're doing. Andl remember a while back we hired a consultant in Risk Management. We have a very good director in Risk Management, Calvin Ellis. And we hired a consultant, and he asked us to hire a consultant because it was going to save us, I believe, $2 million. And we hired a consultant for, you know, 150, $200, 000, but the savings was 10 to 1. That makes sense. If you hire a consultant for $200, 000 and you save $2 million, I get it. But when you hire a consultant to do, according to the job description, the same job that I would think the department director should be doing and it's going to cost you an additional $900, 000 to straighten out the department, to me that's, I don't know, just bad management so. Commissioner Spence -Jones: Okay. Mr. Chairman. Chair Suarez: Yeah. Commissioner Spence -Jones: Andl totally get it, and you're absolutely right on the issue of making sure that you have somebody that has the capacity to actually do the job. I simply was just trying to frame -- Chair Suarez: I got you. Commissioner Spence -Jones: -- the issue in what Mr. Petty and what Janice have literally had to do -- Chair Suarez: I know. Commissioner Spence -Jones: -- was really put out fires. Just like Danny, the CFO is in the same position, you know, from the standpoint of he has people that report to him in his division. Chair Suarez: Right. Commissioner Spence -Jones: And this is -- you know, when recommendations come back to him as to what he feels is going to best help run and operate his division, he brings them to us. Chair Suarez: Right. Commissioner Spence -Jones: Andl think that what Janice is doing now as the CFO is saying, guys, I don't want to find myself in a similar position and getting used to this City's system, getting a team, you know, together to at least put out the fires and now get prepared for this year. I don't want to be in that same position again so that's why I need a little help. And, again, what was communicated to me is that we weren't taking the money from anywhere else. They were literally taking the dollars that were all -- that was already in the department and shifting it City of Miami Page 163 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 around, correct? Ms. Larned: Correct. Commissioner Spence -Jones: So I understand you, though, Mr. Chairman. I think that there's a bigger issue that needs to be discussed on a management side, but I'm trying at the same time to also respect the CFO and -- if it is a recommendation that she's bringing because this is a need or something she needs help with, that I think that, yes, we should go along with the deferral now, Mr. Chairman -- Chair Suarez: Okay. Commissioner Spence -Jones: -- and have a greater understanding of what the plan is about so we all understand why it's necessary. I don't think we had enough time to chew on that bone. So maybe perhaps in the next -- by the next City Commission meeting, we should be -- Chair Suarez: Sounds good to me. Commissioner Spence -Jones: -- ready to go. But, you know, we don't see the Chairman get too upset about too much. Chair Suarez: Andl -- correct or incorrect, that I was equally upset in the briefing; was I not? Commissioner Gort: Mr. -- Ms. Larned: I believe you raised some very valid questions -- Chair Suarez: Thank you. Ms. Larned: -- and had we had our druthers, I think all of us would prefer going down a different path. Chair Suarez: Right. Ms. Larned: The whole point to this is to come back to the Commission, as we heard you say back in April -- Chair Suarez: Right. Ms. Larned: -- that you do not wish to have the CAFR delayed again. Chair Suarez: I don't. Ms. Larned: So having expressed at that time what the reasons for the delay in the CAFR were, we have worked very diligently for moving this plan forward. And your greatest concern -- andl think that is extremely reasonable -- is that this is very bad timing. Unfortunately, what everybody gets focused on is adopting a budget. The people in the Finance Department, they get focused on a year-end close. Their work begins now. The brunt of their work carries through until January and February. Chair Suarez: Right. Ms. Larned: That is the time at which they are absolutely burning the midnight oil. Chair Suarez: Right. City of Miami Page 164 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Ms. Larned: Andl think what we have here is Mr. Petty, representing that department, expressing the desire to make sure that we comply with what the wishes of this Commission were. And yes, he has my support in that matter. And because we have had turnover, I jumped in with the permission of the City Manager. He has been extraordinarily supportive. He has expressed concerns that we meet the direction and the directive of the City Commission. So, absolutely, you've made your points very clear. Chair Suarez: Thank you. Ms. Larned: I'm not certain that the questions that have come up today were covered in all of the various briefings, butt make myself available to cover that on your time and at your convenience. Chair Suarez: Thank you. Commissioner Gort: Mr. -- Chair Suarez: Yes, Commissioner. Commissioner Gort: -- Chairman, I understand the -- where you coming from and what your question. But at the same time, I understand we have `X" amount of employee which they have inherit. I mean, those employees they have inherit and we know the problem we've had in the past. I think the deferral is very healthy. I think they should come back to us and let us know why they're making the plans and why they're making the changes and what are the benefit that those changes are going to bring to the department. Chair Suarez: And agree with that. I think you're right. I think, you know, anyone who comes in as a director at any time of the year inherits whatever that department is. But I think it's on the director or on an outside company -- if you want to go to an outside company, you can hire an outside company to do the job. But I think the -- from what I'm reading -from the description of the scope of services from the outside company, it's the same description that I would give the director. If you've had six months, which is half of a fiscal year, to analyze your department, make changes, additions, subtractions, whatever, I don't think we need to, at the end of that six months, when the real work begins, as the CFO stated, now have an outside company come in and analyze the department. I will read exactly what the scope of work is. It says they're going to review, assess, and recommend changes and improvements to the City's Finance Department. The team will review all available information and gain a preliminary understanding of current structures, staffing and policies, as well as some familiarity with the strengths and weaknesses of the City's finance function. I thought that that's what -- and then it says task two, develop a business plan for the Finance Department. That's what we're going to be paying for. We're going to be paying an outside company to develop a business plan for the Finance Department. I mean, to me, that's just unacceptable, I'm sorry. If there's any business plan to be developed for a department, it should be developed by the director. And I'm not going to pay $100, 000 to develop a business plan, I'm sorry. So that's just my position on it. We defer it and we'll -- we can talk about it and we'll deal with it at the next Commission meeting. Thank you. Priscilla A. Thompson (City Clerk): Before you move on, sir, you have on your -- on the floor a motion actually to adopt, if I'm not mistaken. So I do not have a motion to defer or a day. The question becomes will --? Chair Suarez: Who was the mover and who was the second? Commissioner Spence -Jones: I thought it was a deferral, right? City of Miami Page 165 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 BC.1 12-00433 Chair Suarez: That's what we thought, yeah. Commissioner Carollo: Marc is the mover. I'm the second. Vice Chair Sarnoff I'll withdraw my mover -- my motion. Ms. Thompson: Thank you. Chair Suarez: Okay. Does the seconder withdraw? Commissioner Carollo: Well, I don't have any -- if the mover -- Chair Suarez: Right, true. Good point. Is there a motion to defer? Vice Chair Sarnoff So move. Chair Suarez: Moved by the Vice Chair. Second? Commissioner Spence -Jones: Sec -- Chair Suarez: Second by Commissioner Spence -Jones. All in favor, signift by saying "aye. The Commission (Collectively): Aye. Ms. Thompson: Date? Date is 9/27, right? Commissioner Carollo: Nine -- Chair Suarez: Yes. Commissioner Carollo: -- twenty-seven. Ms. Thompson: Thank you. Chair Suarez: Thank you. END OF RESOLUTIONS BOARDS AND COMMITTEES RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Frank Carollo Commissioner Frank Carollo City of Miami Page 166 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 BC.2 12-00286 12-00433 CSW CCMemo.pdf 12-00433 CSW Current_Board_Members.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Francis Suarez Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo 12-00286 CRB CCMemo.pdf 12-00286 CRB Current_Board_Members.pdf 12-00286 CRB Memo from Haydee Wheeler (3.30.12).pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo BC.3 RESOLUTION 12-00289 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FORA TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Frank Carollo 12-00289 CTAB CCMemo.pdf 12-00289 CTAB Current_Board_Members.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. City of Miami Page 167 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 BC.4 12-00639 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE EDUCATION ADVISORY BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Christopher Norwood Commissioner Michelle Spence -Jones 12-00639 EAB CCMemo.pdf 12-00639 EAB Current Members.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-12-0331 Todd Hannon (Assistant City Clerk): So, Chair Suarez, if you just want to move right to -- Chair Suarez: Yeah. Let's go. Mr. Hannon: -- BC.5, we can do that. Chair Suarez: Let's go. BC.5. Commissioner Spence -Jones: I have a BC.4, though. Chair Suarez: She has a BC.4. Go ahead. BC.4. Commissioner Spence -Jones: I'd like to -- Is that okay? Mr. Hannon: Yes, ma'am. Chair Suarez: Absolutely. Commissioner Spence -Jones: I'd like to nominate Mr. Chris Norwood to the Education Advisory Board. Chair Suarez: Is there a motion? Is that a motion? Commissioner Spence -Jones: So -- Commissioner Gort: Second. Chair Suarez: I guess. Second. All in favor, signift by saying aye. City of Miami Page 168 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 BC.5 12-00287 The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Corey Taylor AFSCME 871 12-00287 EOAB CCMemo.pdf 12-00287 EOAB Current Members.pdf 12-00287 EOAB Memo from Local 871.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-12-0332 Chair Suarez: I guess BC.5. Todd Hannon (Assistant City Clerk): BC.5's the Equal Opportunity Advisory Board. AFSCME (American Federation of State, County and Municipal Employees) Local 871 has nominated Mr. Corey Taylor for Commission consideration and approval. Commissioner Spence -Jones: So moved. Chair Suarez: It's a motion. Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. All in favor, signift by saying "aye.' The Commission (Collectively): Aye. BC.6 RESOLUTION 12-00814 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Marc David Sarnoff City of Miami Page 169 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 BC.7 12-00339 12-00814 Finance CCMemo.pdf 12-00814 Finance Current_Board_Members.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: Anthony Hatten AT -LARGE (AFSCME 1907) Oscar Valido AT -LARGE (AFSCME 1907) Elizabeth Warwick AT -LARGE (AFSCME 1907) Cary Montero AT -LARGE (AFSCME 1907) John Hill AT -LARGE (AFSCME 871) Calvin Ellis City Manager 12-00339 GESE CCMemo.pdf 12-00339 GESE Current Members.pdf 12-00339 GESE Memo from AFSCME Local 871.pdf 12-00339-Submittal- GESE AFSCME 1907 Memos.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-12-0333 Chair Suarez: Go ahead, Todd. Todd Hannon (Assistant City Clerk): BC.7 is the General Employees and Sanitation Employees Retirement Trust. Chair Suarez: Yes. Mr. Hannon: There -- before we begin, I would just like to put on the record that I'm adding additional backup documentation in for the record. City of Miami Page 170 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Chair Suarez: Thank you. Mr. Hannon: It's -- they're essentially Local 1907 memos outlining their selections for the GESE (General Employees Sanitation Employees) Trust. Commissioner Gort: I'd like -- Mr. Hannon: Now before we begin, I've handed out -- Alice. Alice Bravo (Assistant City Manager): Oh, no. Go ahead. Chair Suarez: No, no. Go ahead. Mr. Hannon: I'm sorry. Before we begin, I've handed out a summary sheet regarding the six selections to be made to the Trust. AFSCME (American Federation of State, County and Municipal Employees) Local 1907 has selected two trustees for Commission ratification. Those names are Anthony Hatten and Oscar Valido. AFSCME Local 1907 has all selected two trustees for Commission consideration and approval, which are Elizabeth Warwick and Cary Montero. AFSCME Local 871 has selected one trustee for Commission consideration and approval whose name is John Hill. And the City Manager has selected one trustee for Commission ratification who is Calvin Ellis. Commissioner Spence -Jones: So moved. Commissioner Gort: Second. Chair Suarez: It's a motion and a second. All in favor, signifi, by saying "aye. " I'm assuming it's as you have indicated in this sheet, correct? Mr. Hannon: Yes, sir. Chair Suarez: Perfect. The Commission (Collectively): Aye. BC.8 RESOLUTION 11-00997 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Francis Suarez Vice Chairman Marc David Sarnoff Commissioner Frank Carollo 11-00997 Health CCMemo.pdf 11-00997 Health Current_Board_Members.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. City of Miami Page 171 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 BC.9 12-00434 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Albena Sumner Mayor Tomas Regalado Manny Roche Chairman Francis Suarez 12-00434 Homeland CCMemo.pdf 12-00434 Homeland Current Members.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-12-0335 Chair Suarez: BC.9 is next, Todd. Todd Hannon (Assistant City Clerk): BC.9, Homeland Defense -- give me one second. Mayor Regalado would like to appoint Albena Summer [sic]. And Chair Suarez would like to appoint Manny Roche. Vice Chair Sarnoff So move. Chair Suarez: Move -- motion. Is there a second? Commissioner Gort: Second. Chair Suarez: Second. All in favor, signift by saying "aye. " The Commission (Collectively): Aye. BC.10 RESOLUTION 12-00435 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST FORATERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: City of Miami Page 172 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 Commissioner Michelle Spence -Jones Commissioner Michelle Spence -Jones Commissioner Michelle Spence -Jones (Youth, Non -Voting Member) 12-00435 Liberty City CCMemo.pdf 12-00435 Liberty City Current Members.pdf 12-00435 Liberty City Applications.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo BC.11 RESOLUTION 12-00834 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL ASAMEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Frank Carollo 12-00834 MSEACCMemo.pdf 12-00834 MSEACurrent_Board_Members.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo BC.12 RESOLUTION 12-00057 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Devan Cejas City Manager Johnny Martinez (Term ending: 7/8/2013) Jonathan Burgess City Manager Johnny Martinez (Term ending: 4/14/2013 Dr. Michael Rosenberg City Manager Johnny Martinez (Term ending: 9/13/2014) City of Miami Page 173 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 12-00057 PRAB CCMemo.pdf 12-00057 PRAB Current Members.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 R-12-0334 Todd Hannon (Assistant City Clerk): BC.12, Parks and Recreation Advisory Board. The City Manager has nominated three names for Commission consideration and approval. The three names are Mr. Devan Cejas, Mr. Jonathan Burgess, and Dr. Michael Rosenberg. Chair Suarez: Is there a motion? Commissioner Gort: Move it. Chair Suarez: There's a motion by Commissioner Gort. Is there a second? Vice Chair Sarnoff Second. Chair Suarez: Second by the Vice Chair. All in favor, signift by saying aye. The Commission (Collectively): Aye. Mr. Hannon: Thank you, Commissioners. BC.13 RESOLUTION 12-00300 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Francis Suarez Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Michelle Spence -Jones 12-00300 UDRB CCMemo.pdf 12-00300 UDRB Current_Board_Members.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be CONTINUED 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 174 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 BC.14 RESOLUTION 12-00835 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. BC.15 12-00837 Office of the City Clerk DI.1 12-00657 APPOINTEES: 12-00835 VKBPT CCMemo.pdf 12-00835 VKBPT Current Members.pdf NOMINATED BY: Commission -At -Large Commission -At -Large Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT ADVISORY BOARD FORA TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Michelle Spence -Jones 12-00837 WAB CCMemo.pdf 12-00837 WAB Current_Board_Members.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo END OF BOARDS AND COMMITTEES DISCUSSION ITEM DISCUSSION ITEM DISCUSSION CONCERNING THE CITY'S ADOPTION OFATICKET POLICY UNDER WHICH PUBLIC, COMMUNITY BENEFITS, OR COMPLIMENTARY TICKETS OBTAINED THROUGH CONTRACTUAL City of Miami Page 175 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 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 Memos - Miami -Dade County 10-11-12.pdf 12-00657 Backup Information 06/28/12.pdf SPONSORS: OFFICE OF THE CITY MANAGER OFFICE OF THE CITY ATTORNEY Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF DISCUSSION ITEM PART B: PLANNING AND ZONING ITEMS Chair Suarez: Good afternoon, ladies and gentlemen. As you can see, we do not have a quorum yet, but we like to start on time in the morning and in the afternoon. We have a Manger; that's always a good sign. We have a Clerk. I think we have a City Attorney. If not, we have an assistant City Attorney that's very competent and capable. But we do not have a quorum of Commissioners, so until we have that, we have to wait. Madam Clerk, quick question. For PZ (Planning & Zoning) items, are they -- can they be done at any time after 2 p.m.? Priscilla A. Thompson (City Clerk): Any time after 2 p.m. That's correct. Chair Suarez: Okay. I just can't defer something without a quorum. [Later... Chair Suarez: Before beginning with our time certain item of 2 p.m., I would like to, I guess, open up the PZ so we can defer a PZ item that has been jointly agreed to be deferred. So do we need --? Madam Attorney, can you open up the PZ item for us -- the PZ -- Ms. Thompson: Order of the day. Chair Suarez: -- order of the day. Maria J. Chiaro (Deputy City Attorney): Items shall proceed pursuant to Miami 21. The presentation shall be made pursuant to the procedures set forth. Any documents submitted to the City Commission that have not been part of the agenda are received by the City Commission at the City Commission's discretion. Chair Suarez: Thank you. I'll read whatever -- you were adlibbing it, so pretty good job. The members of the City Commission shall disclose any ex parte communications. Andl think that's it. I think you got everything else. Good for you. You've been doing this for a little while, huh? PZ.1 RESOLUTION 11-00714sc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City of Miami Page 176 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE (THAT PORTION OF) CURTIS LANE EAST OF ROGERS ROAD AND EASEMENTS LOCATED ALONG THE NORTH AND SOUTH SIDES OF CURTIS LANE, EAST OF ROGERS ROAD, MIAMI, FLORIDA. 11-00714sc CC 10-11-12 Fact Sheet.pdf 11-00714sc Department Analyses & Maps. pdf 11-00714sc School Brd Concurrency & PZAB Resos.pdf 11-00714sc Application & Supporting Documentation.pdf 11-00714sc CC Fully -Executed Legislation (Ver. 2) & Exhibit.pdf LOCATION: Approximately Curtis Lane East of Rogers Road and along the North and South sides of Curtis Lane, East of Rogers Road [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Stephen Bittel, as Trustee of the Acme Real Estate Trust FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PUBLIC WORKS DEPARTMENT: Recommends approval. PLAT AND STREET COMMITTEE: Recommends approval on July 7, 2011 by a vote of 7-0. PLANNING, ZONING AND APPEALS BOARD: Recommends denial, which failed, to City Commission on April 18, 2012 by a vote of 3-5. Recommends approval as a second motion to City Commission on April 18, 2012 by a vote of 5-3. PURPOSE: This will close and vacate Curtis Lane, East of Rodgers Road and two North/South easements. Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Sarnoff and Carollo Note for the Record: Item PZ.1 was deferred to the September 27, 2012 Commission Meeting. Chair Suarez: Okay, PZ.1. Is there a motion to defer? Commissioner Spence -Jones: So moved. Chair Suarez: Moved by Commissioner Spence -Jones. Is there a second? Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. All in favor, signift by saying "aye.' The Commission (Collectively): Aye. Chair Suarez: It passes unanimously. City of Miami Page 177 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 D1.1 12-00806 D1.2 12-00807 Priscilla A. Thompson (City Clerk): Do we have a date, please? Chair Suarez: Next PZ, I'm assuming. I don't know. Good question. Ben Fernandez: Next available would be fine with us. Ms. Thompson: The next PZ meeting would be October 25. The next PZ meeting is October 25. Commissioner Gort: Not the 27th, September 27? Ms. Thompson: I'm sorry. Commissioner Gort: September 27. Ms. Thompson: Oh, I'm sorry. I'm sorry. I stand corrected. Next PZ is September 27. I'm ahead of myself. Mr. Fernandez: That's fine with us, perfect. Chair Suarez: Okay. That'll be a two -week deferral 'til September what, 27th, you said? Okay, thank you. That takes care of the PZs. 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 DISCUSSION ITEM 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 27, 2012 Commission Meeting. DISCUSSION ITEM DISCUSSION ON HOW MEMBERS ARE SELECTED FOR SELECTION COMMITTEES OF RFPAND RFQ. City of Miami Page 178 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 D1.3 12-00808 D1.4 12-00809 D1.5 12-00950 12-00807 Email - Members of Selection Committees.pdf DEFERRED Note for the Record: Item D1.2 was deferred to the September 27, 2012 Commission Meeting. DISCUSSION ITEM DISCUSSION ON ELIMINATION OF HIRING FREEZE. 12-00808 Email - Elimination Hiring Freeze.pdf DEFERRED Note for the Record: Item D1.3 was deferred to the September 27, 2012 Commission Meeting. DISCUSSION ITEM DISCUSSION REGARDING A PROGRESS REPORT ON THE CREATION OF LABOR/MANAGEMENT COMMITTEES. 12-00809 Email - Creation of Labor Mgmt. Committees.pdf DEFERRED Note for the Record: Item D1.4 was deferred to the September 27, 2012 Commission Meeting. DISCUSSION ITEM DISCUSSION REGARDING HOW THE CURRENT IT SYSTEM PROGRAMMING, RELATED TO CODE ENFORCEMENT, CAN BE MODIFIED TO ALLOW FOR ACCOUNTABILITY ON THE PART OF THE TENANT WHEN THEY ARE FOUND IN VIOLATION OF THE CITY CODE OR ANY OTHER MATTER. AT THIS TIME, THE OWNER IS THE ONLY ONE HELD ACCOUNTABLE AND AT TIMES ITALLOWS FOR THE TENANT TO GO BY WITHOUT ANY DIRECT CONSEQUENCE EVEN THOUGH THE VIOLATION WAS COMMITTED BY THE TENANT. 12-00950 Email - Code Enforcement Software.pdf DEFERRED Note for the Record: Item D1.5 was deferred to the September 27, 2012 Commission Meeting. END OF DISTRICT 1 DISTRICT 2 VICE-CHAIRMAN MARC DAVID SARNOFF D2.1 DISCUSSION ITEM City of Miami Page 179 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 12-00909 STATUS OF HIRING POLICE OFFICERS. 12-00909 Email - Status - Hiring Police Officers.pdf DEFERRED Note for the Record: Item D2.1 was deferred to the September 27, 2012 Commission Meeting. D2.2 DISCUSSION ITEM 12-00910 DISCUSSION ON THE FLORIDA BUILDING CODE. D3.1 12-00756 D4.1 12-01000 12-00910 Email - Florida Building Code.pdf DEFERRED Note for the Record: Item D2.2 was deferred to the September 27, 2012 Commission Meeting. END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO DISCUSSION ITEM DISCUSSION ON ORDINANCE 13312 - EXCAVATED SITES. 12-00756 Email - Excavated Sites.pdf DEFERRED Note for the Record: Item D3.1 was deferred to the September 27, 2012 Commission Meeting. END OF DISTRICT 3 DISTRICT 4 CHAIRMAN FRANCIS SUAREZ DISCUSSION ITEM DISCUSSION REGARDING CITY'S FINANCIAL CONDITION. 12-001000 Email - City's Financial Condition.pdf DEFERRED Note for the Record: Item D4.1 was deferred to the September 27, 2012 Commission Meeting. END OF DISTRICT 4 City of Miami Page 180 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 NA.1 12-01061 NA.2 12-01063 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES END OF DISTRICT 5 NON AGENDA ITEMS DISCUSSION ITEM VICE CHAIR SARNOFF ACKNOWLEDGED THE PASSING OF TONY GOLDMAN WITH A MOMENT OF SILENCE, HONORING HIS LIFE AND LEGACY AS A VISIONARY DEVELOPER AND PRESERVATIONIST. DISCUSSED Chair Suarez: Before continuing, I'd like to observe several moments of silence. First, I'd like to recognize the Vice Chairman, who I believe would like to say some words for the recent departure or death of Tony Goldman. Vice Chair Sarnoff Thank you, Mr. Chair. For those of you that don't know, yesterday we had the passing of Tony Goldman, a person who was a true visionary not only for Miami Beach, not only for Wynwood, but for any of you that know New York City and you've ever been to SoHo, you could argue and say that he was the grandfather of SoHo. He was a visionary developer and preservationist, because Tony rarely ever built a building. He usually redeveloped a building. It's no exaggeration to call him the father of modern Miami. It was his foresight and acumen that helped transform Miami Beach, and if you remember these days -- andl think most of you on the dais will -- from a pretty dilapidated, declining retirement community where you used to see all the people sitting out there in their little chairs into what is a thriving, vibrant icon from the world. As a matter of fact, it is considered the most successful CRA (Community Redevelopment Agency) in the United States. For those of you that don't know that it is a CRA, it actually is a CRA. Without him, there would be no Miami Vice, no Art Deco motels left to enjoy. In recent years he turned his attention to the City ofMiami, helping tojumpstart and revitalize our long -neglected Wynwood. Our thoughts today are with Tony's family, with his wife, Janet, and children, Jessica and Joey. So Mr. Chair, if we could just have just a ten -second moment of silence for Mr. Goldman, who will be sorely missed in this community. (A MOMENT OF SIT,FNCE) Chair Suarez: Thank you, Mr. Vice Chairman. DISCUSSION ITEM A MOMENT OF SILENCE WAS OBSERVED IN MEMORY OF THE VICTIMS OF THE 9/11 TRAGEDY AND FOR U.S. AMBASSADOR TO LIBYA, CHRIS STEVENS, WHO PASSED AS A RESULT OF ATTACKS ON THE ANNIVERSARY OF 9/11 THIS YEAR. DISCUSSED Chair Suarez: I'd also like to take a moment, another ten seconds, of silence to remember the victims of 9/11, the tragedy in 9/11, as well as Chris Stevens, the U.S. Ambassador to Libya, that City ofMiami Page 181 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 was killed in an attack on the anniversary -- the eleventh anniversary of the 9/11 tragedy. May we continue to grow stronger as one nation, always remembering the values of our freedom in this great country. (A MOMENT OF SIT,FNCE) Chair Suarez: Thank you. NA.3 RESOLUTION 12-01044 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI BAYSIDE FOUNDATION, INC., A FLORIDA CORPORATION, FORA TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Michelle Barton King Commissioner Frank Carollo 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-12-0336 Chair Suarez: Is that all? No, there's one more, right? Todd Hannon (Assistant City Clerk): Well, if someone wouldn't mind proffering the name of Michelle Barton King for Commissioner Carollo to the Miami Bayside Foundation. Vice Chair Sarnofff. So move. Chair Suarez: There's a motion by the Vice Chair. Is there a second? Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. All in favor, signift by saying "aye." The Commission (Collectively): Aye. Chair Suarez: Are we done? Mr. Hannon: Good to go. NA.4 DISCUSSION ITEM 12-01071 CHAIR SUAREZ ACKNOWLEDGED THE PRESENCE, IN THE MIAMI CITY COMMISSION CHAMBERS, OF SCHOOL BOARD MEMBER RAQUEL City of Miami Page 182 Printed on 10/9/2012 City Commission Meeting Minutes September 13, 2012 ADJOURNMENT REGALADO. DISCUSSED Chair Suarez: You want me now to adjourn the meeting? Priscilla A. Thompson (City Clerk): That will finish your agenda. That's correct. Chair Suarez: Okay. The meeting is adjourned. I will pass the gavel to the Omni CRA (Community Redevelopment Agency) chair. Ms. Thompson: Okay, and remember now, as I explained earlier, we will have to take time to close off this particular -- Chair Suarez: Of course. Ms. Thompson: -- recording and start the new one. Chair Suarez: May I introduce someone in the crowd who is here, an elected official who's here with us today? Ms. Thompson: You're the Chair. Chair Suarez: School Board Member Raquel Regalado -- Applause. Chair Suarez: -- is here with us today. Thank you. Thank you for coming. You're a glutton for punishment to come over to a budget hearing in the City. Ms. Thompson: Okay. Now we're going to close down this recording and start the Omni and we'll let you know when it's ready. The meeting adjourned at 5: 34 p.m. City of Miami Page 183 Printed on 10/9/2012