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HomeMy WebLinkAboutCC 2012-09-27 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 1 r V d1C1Re 4RATtI V. 4r r3 i'e � �.2- Meeting Minutes Thursday, September 27, 2012 9:00 AM PLANNING & ZONING City Hall Commission Chambers City Commission Tomas Regalado, Mayor Francis Suarez, Chairman Marc David Sarnoff, Vice -Chairman Wifredo (Willy) Gort, Commissioner District One Frank Carollo, Commissioner District Three Michelle Spence -Jones, Commissioner District Five Johnny Martinez, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes September 27, 2012 CONTENTS Present: Commissioner Gort, Vice Chair Sarnoff, Commissioner Carollo, Chair Suarez and Commissioner Spence -Jones PR - PRESENTATIONS AND PROCLAMATIONS AM -APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PH - PUBLIC HEARINGS EM - EMERGENCY ORDINANCES SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCE Present: Commissioner Gort, Vice Chair Sarnoff, Commissioner Carollo, Chair Suarez and Commissioner Spence -Jones 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 ofMiami Page 2 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE On the 27th 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: 04 p.m., reconvened at 2: 00 p.m, recessed at 2: 02p.m., reconvened at 2:30 p.m., recessed at 4:12 p.m., reconvened at 4:18 p.m., recessed at 5:17 p.m., reconvened at 5: 29 p.m., recessed at 5: 47 p.m., reconvened at 8:15 p.m., and adjourned at 8:17 p.m. Note for the Record: Commissioner Gort entered the Commission chamberS at 9: 04 a.m., Commissioner Spence -Jones entered the Commission chamberS at 9:13 a.m., and Commissioner Carollo entered the Commission chamberS at 9: 26 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Priscilla A. Thompson, CMC, City Clerk Chair Suarez: Ladies and gentlemen, we should be starting rather soon. We don't have yet the requisite number of Commissioners, but thank you for your patience. Welcome to the September 27, 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. Also on the dais are Johnny Martinez, the City Manager; Julie O. Bru, the City Attorney; and Priscilla A. Thompson, the City Clerk. Andl believe Mayor Tomas P. Regalado is here. I think saw him a second ago. Oh, there you are. There you are, Mayor. Okay. I would like the meeting to be opened with a prayer by the City Clerk and the pledge of allegiance by the Vice Chair. Priscilla A. Thompson (City Clerk): Good morning, Commissioners. This is my last Commission meeting, so I am honored that you would let me do the prayer this morning. I would like to share a prayer with you from well-known preacher, teacher, motivational speaker and author of the Power of Positive Thinking, the late Dr. Norman Vincent Peale. Dr. Peale said, If you create peace at the center of your life, you can handle just about anything you ever have to face and such peace is best achieved through prayer. May we -- let us bow our heads to pray. Invocation and pledge of allegiance delivered. Chair Suarez: Thank you, Madam Clerk and Vice Chair. Madam Clerk, I think that was the most beautiful prayer and opening statement of a prayer that I've heard in the close to three years that I've been here, so thank you for the inspiration. We will always mind those words as we continue. Ms. Thompson: Dr. Norman Vincent Peale. If you have not read the Power of Positive Thinking, I highly, highly recommend it to all of you. Chair Suarez: I caught that little subtle part at the back end. Thank you. PRESENTATIONS AND PROCLAMATIONS PR.1 12-01064 PRESENTATION Honoree Presenter Protocol Item City ofMiami Page 3 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Community Development Department 12-01064 Protocol Item.pdf PRESENTED Commissioner Spence -Jones Certificates of Appreciation 1) In honor of Breast Cancer Awareness Month, Mayor Regalado paid tribute to Making Strides Against Breast Cancer,"a non-competitive walk that celebrates breast cancer survivors, raises funds to save lives by helping people stay well, helping people get well, by finding cures and by fighting back; further issuing a declaration of support in their effort to make strides toward a cancer free future for all women and their families. 2) Vice Chair Sarnoff presented a Commendation to Jacqueline Durruthy, applauding her distinctive stewardship of public resources and praising her active encouragement of neighborhood youth, especially during her tenure as a Park Manager at Douglas Park. 3) Mayor Regalado and the Members of the City Commission paid tribute to Albert Sosa, for his excellent work performance and high level of professionalism in a successful City ofMiami tenure as Director of Capital Improvements; further applauding his outstanding leadership in overseeing the implementation of over $400 million in quality -of -life improvements for the residents of the City ofMiami. 4) Commissioner Spence -Jones presented Certificates of Appreciation to various members of the Community Development Department as part of the Believe Campaign, in honor of their outstanding leadership in the workplace and saluting their service and lasting contributions to efforts to inspire and empower others and ourselves to transform our communities. 5) Mayor Regalado and the Members of the City Commission paid tribute to Priscilla A. Thompson, City of Miami City Clerk, in honor of her 32 years of outstanding professional and volunteer service to the City ofMiami and whose zeal and brilliance brought increased integrity to our City. Chair Suarez: We will now make the presentations and proclamations. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETING: MAYORAL VETOES ORDER OF THE DAY NO MAYORAL VETOES Chair Suarez: Madam Clerk, for the last time, are there any mayoral vetoes to report at this time? Priscilla A. Thompson (City Clerk): There are none at this time. Thank you. Chair Suarez: Thank you. Chair Suarez: Just like the City Attorney to read the statement into the record, then we're going to take a recess until 10 a.m. and we'll start at 10 a.m. Go ahead, Madam City Attorney. Julie O. Bru (City Attorney): Thank you, Mr. Chair. Members of the Commission, Mr. Mayor, City ofMiami Page 4 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Mr. City Manager, Madam City Clerk -- my honor to address you for the last time. Thank you so much. I'd like to say a word about Priscilla, too. I think Priscilla, if there's a case to be made about the value of having a well -respected, well -compensated, and well -regarded and appreciated workforce, it's Priscilla, because she is a testament to what career service is. So thank you, Priscilla. Andl served with you, alongside you as an -- just a simple assistant city attorney when we were in the Civil Service Board andl was your attorney to the board. And we both have moved up the ranks, andl think it shows the value of dedicating yourself to the organization and the value to you of promoting from within. Good luck to you, Priscilla. Chair Suarez: Thank you. Applause. Ms. Bru: Good morning, members of the public. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. The material for each item on the agenda is available during business hours at the City Clerk's office and online at 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 noise -making devices. Any person who makes offensive remarks or who becomes unruly at the Commission chambers will be barred from further attending Commission meetings. Any person with a disability requiring auxiliary aids and services for this meeting, please notify the City Clerk. And the Chairman will announce the timing of the breaks and when the lunch recess will begin. Thank you very much. Chair Suarez: Okay, the photographer has asked for one more picture with the City Clerk, sorry. And then I'm going to recognize the Vice Chair, who wants to have a moment of silence before we actually proceed with the agenda. In the last three weeks -- two, three weeks, we did an exit interview and we spent a lot of time together and we got to know each other a little bit more personally -- not intimately, I guess, right? Priscilla A. Thompson (City Clerk): Right. That's right. Chair Suarez: And one of the things that we share is a passion for movies. And so one of the things that we would enjoy together and laugh together about was my recitation of movie lines. She very much enjoyed that. So she's asked me specifically to recite some movie lines. So the movie -- Ms. Thompson: Be nice. Chair Suarez: It's going to be a nice one. Don't worry about it. It'll be PG (Parental Guidance), of course. So the movie that I'm going to recite a line from is the movie "Coming to America, " which is a movie that we all have seen and enjoyed. And there's a scene where -- if you know the movie or seen the movie, Arsenio Hall and -- I forget the other -- the famous actor's name right now escapes me for some reason. No, no, no. It's Arsenio Hall and Eddie Murphy, I'm sorry. Eddie Murphy. How could I forget Eddie Murphy? They play all of the characters, including white characters, which is really funny. So they play like five or six different characters. And there's one moment where Eddie Murphy or Arsenio Hall is introducing the singer to sing the Whitney Houston song. And he says, "Put your hands together for Jackson Heights own, Mr. Randy Watson." And then the singer comes up and says, And Reverend Brown, he's been my reverend since I was a little boy, andl love him. Y'all know him as Joe, the policeman, from the "What's Going Down?" episode of "That's My Mama." Anyhow, it's just something that we shared and now -- now you're going to say something? Okay, you got one? City ofMiami Page 5 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Ms. Thompson: No. It's actually amazing and very refreshing to see ourselves as human beings. A lot of you see us as professionals or people that are in this box -- Chair Suarez: True. Ms. Thompson: -- but we do have a life. And this one is hilarious. I would never have believed that he could quote movies like that. And don't get us wrong 'cause we also quote very high -end Man for All Seasons, okay, the King and I, you know. We do that as well, but -- Vice Chair Sarnoff. Casablanca. Ms. Thompson: Yes. Chair Suarez: Yes. Ms. Thompson: Definitely, Casablanca. So I guess what I'm trying to say is, Let's remember that we're human beings and let's share that -- I think when Commissioner Spence -Jones -- I told my first joke, she was like -- Commissioner Spence -Jones: Don't make me (UNINTET,TIGIBT,F) compose myself. Ms. Thompson: She just thought -- she says, You're funny. And yes, sometimes I am, butt know I have to switch and be a chameleon. When I'm here, I'm very, very stuffy. Okay, thank you. Commissioner Gort: That's the way to be. Chair Suarez: Well, we got our fill of comedic relief this morning, so now on to the more serious aspects of this job. [Later...] Chair Suarez: Does the Admin --? I'm going to start with the Administration because they have a variety of items that they want to defer and withdraw. And then -- Can you please -- Mr. Manager, could you please read them slowly so that we can all write them down so --? Johnny Martinez (City Manager): Yes, Mr. Chair. Chair Suarez: Thank you. Mr. Martinez: RE.9, defer to October 25; RE.10, defer to October 25; RE.13, withdraw; and PH.5, continue to October 11. Commissioner Gort: What was the last one? Mr. Martinez: PH.5. Commissioner Spence -Jones: Mr. Manager, did you say RE. 9 and RE.10? Mr. Martinez: Yes. RE.9 -- Commissioner Spence -Jones: And RE.13? Mr. Martinez: -- RE.10 -- Commissioner Carollo: To when? City ofMiami Page 6 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Mr. Martinez: To October 25. RE.13, withdraw; and PH.5, continue to October 11. Chair Suarez: Madam Clerk, once we've voted on the deferrals, could you please send me a list, 'cause I don't have a pen right now so I don't have them written down, so I don't actually take up those items as we're going through the agenda? Commissioner Spence -Jones: And Mr. Manager, just so that we go through it from the beginning to -- just to make sure I got them. Mr. Martinez: Yes. Commissioner Spence -Jones: You did say PH.5? Mr. Martinez: PH.5. Commissioner Spence -Jones: You did say RE.9 and 10? Mr. Martinez: RE.9 and 10. Commissioner Spence -Jones: And you did say RE.13? Mr. Martinez: Withdraw. Commissioner Spence -Jones: Okay. And nothing else? Mr. Martinez: That's it. Commissioner Spence -Jones: Okay. Chair Suarez: Okay. Does anyone need them to be read back? Is there a motion? Ms. Thompson: IfI might. I just want to make sure, Mr. Manager. RE.9 is actually being continued -- yes? -- to the -- Mr. Martinez: Deferred to October 25. Chair Suarez: Why don't we do this, Madam Clerk? Can you read them all out again 'cause I have a pen now. I'm sorry. Ms. Thompson: Okay. We have as the Manager's removal from the agenda for today, the -- RE.9 to 10/25; RE.10 to 10/25; RE.13 is withdrawn; andPH.5, 10/11. Chair Suarez: Thank you. Did the Commissioners have any additional items that they would like to defer at this time; withdraw, continue? Vice Chair Sarnoff I have them on a PZ (Planning & Zoning) item, but I -- Chair Suarez: You want to announce it just so that if there's -- Vice Chair Sarnoff Yeah. Chair Suarez: -- someone in the audience --? Vice Chair Sarnoff PZ.8, which is Cushman, I'd like to continue indefinitely. City ofMiami Page 7 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chair Suarez: So you want to withdraw it from the agenda, or it's continued indefinitely? Commissioner Spence -Jones: He said continued. Vice Chair Sarnoff I think if I continue it indefinitely, it comes back up -- Chair Suarez: Six months. Vice Chair Sarnoff -- in six months. Chair Suarez: Okay. Ms. Thompson: Yes. Chair Suarez: Okay, so that's -- Commissioner Carollo: Andl have a legal question with regards to that. Chair Suarez: Sure. Commissioner Carollo: Madam City Attorney, if it is continued indefinitely, does that mean that during the six months or however time it is -- andl believe it's six months -- we are still bound by Jennings ruling? Ms. Bru: Yes. Yes, you are. Commissioner Carollo: Okay. Chair Suarez: And that's just an announcement. We actually have to take that action up again at 2 p.m., and we're going to have to vote on that deferral at that time. But just in case anyone's in the audience, we wanted to give you a -- kind of a heads -up that this is the direction that we're going. Is there a motion on the deferrals, withdrawals -- Commissioner Spence -Jones: So moved. Chair Suarez: -- and continuance? Moved by Commissioner Spence -Jones. Is there a second? Commissioner Carollo: Second. Chair Suarez: Second by Commissioner Carollo. All in favor, signift by saying "aye. The Commission (Collectively): Aye. Chair Suarez: Does anyone like to remove any items from the consent agenda? Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, Commissioner. Commissioner Carollo: I'd like to pull CA.2. Chair Suarez: Okay. Any other ones? Commissioner Spence -Jones: I'd like to pull 3 and 4 for -- just for discussion, though. City ofMiami Page 8 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 [Later...] Commissioner Carollo: With that said, at 5 o'clockI would imagine that we're going to begin with the emergency items that deal with the budget? Chair Suarez: Yes. Commissioner Carollo: And then we probably will go right into the budget. Chair Suarez: Correct. Commissioner Spence -Jones: Or we could go into this other item if you want. I mean, it's really up to the Chairman. Chair Suarez: Yeah, I know. I mean, I don't mind. Commissioner Spence -Jones: We could -- Chair Suarez: I'm going to have to -- Commissioner Spence -Jones: -- open it up, budget. Chair Suarez: -- step away right now at 4 anyways so -- but I can pass the gavel to the Vice Chair and he can run the meeting and you can continue to do whatever you guys want to do. The only thing that's left -- this is what's left. The emergency ordinances on the pension -- Commissioner Gort: Right. Chair Suarez: -- the departments, which is a second reading, which the -- Commissioner Carollo had asked to be tabled; the one-time temporary banner, which I think was pending some -- which you said we can do that now. I have no problem doing that now. PZ.6, which Commissioner Carollo's -- it affects his district. It's been -- it's -- the applicant is in his district; D5.1, which is your discussion item, and then the budget. Commissioner Spence -Jones: I'm -- Chair Suarez: You're going to --? Okay, so your discussion item we'll take up at the next Commission meeting, so that takes care of that. That's pretty much it. I think what we should do is -- if you want to do PZ. 6, Commissioner, we could do PZ. 6 now. We can do the Miami Herald so that the Miami Herald can go, and then we will recess until 5 and we'll start the budget. Commissioner Spence -Jones: Can I -- Commissioner Carollo: Now -- Commissioner Spence -Jones: -- ask this quick question? I'm sorry. Can I ask --? Chair Suarez: And do the emergency and the pocket items. Mr. Martinez: The emer -- and the pocket items of the approval of the contracts. Chair Suarez: Of the ratifications of the contracts. Mr. Martinez: Yes. City ofMiami Page 9 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chair Suarez: Exactly. Commissioner Spence -Jones: We got to do that before 5? Chair Suarez: That'll be -- we'll do that first. Mr. Martinez: Before the budget. Chair Suarez: We'll do that when we come back. Commissioner Spence -Jones: Yeah, yeah. Mr. Martinez: Okay. Chair Suarez: As soon as we come back, we'll do the ratifications, the emergency pension, and then we'll open up the budget hearing. Good? Commissioner Spence -Jones: Commissioner -- Commissioner Carollo: And -- Commissioner Spence -Jones: -- I mean, Commissioner Carollo. Commissioner Carollo: -- the only thing is that I still have not finished with Danny. I actually came back 'cause I heard we were going to take a recess at 4 so I figured, okay, I'll be back and then we take a recess and I'll go back with Danny. Chair Suarez: That sounds good. [Later..] Chair Suarez: Good evening, ladies and gentlemen. Madam Clerk, what are the items that are left, if any, from our agenda? What's left to be done? Ms. Thompson: According to the list I have in front of me, we have EM.1, EM. 2, SR.1, and our budget items. Chair Suarez: Okay. Andl think the way we had left it was we were going to do first the emergency ordinances, correct, Mr. Manager? Mr. Martinez: Yes. Chair Suarez: And then we were going to do the pocket items, and then we were going to open up our budget hearing. Ms. Bru: Mr. Chair, I think we should take up the union contracts first 'cause the ordinance is really contingent on the contracts. Chair Suarez: I agree. I think that might resolve the issue with the ordinance. Ms. Bru: Right, right. And then ifI can make a suggestion on SR.1, which is the ordinance which implements whatever departments are abolished or implemented. If you want to, you can recess the regular meeting -- City ofMiami Page 10 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chair Suarez: Table it until after the budget and then -- Ms. Bru: And then table it, right. Chair Suarez: -- vote on it until after -- I think that actually makes the most sense -- Ms. Bru: Right. Chair Suarez: -- 'cause I think that will resolve also -- obviously, when we -- once we have everybody, we can agree on that procedure. Ms. Bru: Right. Chair Suarez: I think that's the best way, 'cause that takes away all the speculation as to what -- Ms. Bru: Right. Chair Suarez: -- may happen. Ms. Bru: Exactly, exactly. Chair Suarez: So we'll do it that way. Can we open the budget hearing and start the procedures at least? We have a quorum. Ms. Bru: You recessed the regular meeting. Ms. Thompson: That's correct. You recessed at 4:12. You have not called the regular meeting back into session. You asked a question regard -- Chair Suarez: Well, I banged my gavel so I'm assuming that at 5:15 -- Ms. Thompson: Okay, so now -- Chair Suarez: -- that I called it -- Ms. Thompson: -- you would have to recess again. Chair Suarez: We would have to recess again to open up the budget hearing. Ms. Thompson: Yes, uh-huh. Chair Suarez: Okay. Ms. Thompson: And then you're going to need to give me time to switch over. Ms. Bru: So you're actually going to go into the budget meeting now? Chair Suarez: Let's just wait until everybody gets here. Ms. Bru: Okay. Chair Suarez: 5: 30. We'll recess until 5: 30. Ms. Bru: Okay. City ofMiami Page 11 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 CONSENT AGENDA CA.1 RESOLUTION 12-00952 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT THE DONATION OF ARTWORK ENTITLED "GRACE", FROM THE CORPUS CHRISTI CATHOLIC CHURCH, AT AN ESTIMATED MARKET VALUE OF $150,000, TO BE PLACED AT THE COLLEGE OF POLICING LOCATED AT 350 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 12-00952 Summary Form.pdf 12-00952 Letters - Pietro Costa.pdf 12-00952 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0337 Chair Suarez: Okay. Is there a motion on CA.1? Commissioner Spence -Jones: So move. Commissioner Carollo: Second. Chair Suarez: Moved and seconded. All in favor, signift by saying "aye. " The Commission (Collectively): Aye. CA.2 RESOLUTION 12-01017 District4- A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING Commissioner SOUTHEAST 15TH ROAD FROM BRICKELLAVENUE TO THE BAY, MIAMI, Francis Suarez FLORIDA, AS "ELLY CHOVEL ROAD;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 12-01017 In Memory of Elly Vilano Chovel.pdf 12-01017 Legislation.pdf 12-01017 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0338 City ofMiami Page 12 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chair Suarez: CA.2, Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. This is codesignating a street. And although I do not have an issue with this particular naming andl will be supporting the item, I wanted to discuss some of the process. I see here that, you know, the Chairman is the actual sponsor and it seems like it's outside of District 4. It's in another district. Andl was under the impression that usually the district Commissioner has certain courtesy. And what have noticed on some occasions, there is a street naming where the district Commissioner isn't even aware until it appears on the agenda. So I just want to establish clarity. I want to establish, you know, the process so going forward there is no double standard and we exactly know what the rules are. For example, in this case, you know, like I said, the Chairman placed it on the agenda outside of his district. I don't know, you know, if the district Commissioner knew or not or how it happens. But I know for a fact that in the past there have been street namings placed on the agenda where the district Commissioner did not know about it until it actually was seen on the agenda. Therefore, due to the fact that we don't violate sunshine, I want, you know, more clarity andl want to see what the process and clarity regarding the process going forward. Chair Suarez: No. And I think that's a good point. Point well taken. I -- I'll do -- I'll tell you this. I guess sometimes -- I guess, maybe it's because I'm Chair, I don't know -- or what -- why exactly a request will come into my office. But here's what I'll do from this point forward, is I will bounce it back to the district Commissioner and then if, for whatever reason they're not getting a response -- but I'll create a record, you know, either by an e-mail (electronic) or something that shows that I've bounced it back to the district Commissioner and given the district Commissioner an opportunity to either, you know, designate or not, you know. Andl think the other thing that we can do is, obviously, we can cosponsor things, all of us. Commissioner Carollo: Right. Chair Suarez: So I think -- and that goes back to the Clerk's -- this is a "we" thing, not a "me thing. And -- so you're right. Andl will -- to the extent that may have not followed a process, I apologize. Andl will henceforth try to do it in a way that's a little bit more organized and a little bit more documented so that there's -- the district Commissioner has an opportunity to take the lead on it and then -- Commissioner Carollo: Or cosponsor. Chair Suarez: Or -- yeah, I agree. Thank you. Thank you for that, Commissioner. Commissioner Spence -Jones: I -- I'm sorry. Chair Suarez: Yes. I'm sorry. Vice Chair. Vice Chair Sarnoff First, I want to thank Commissioner Carollo for, I think, sort of looking out maybe, in a way. And in the past -- Commissioner Carollo: Goes back to -- Vice Chair Sarnoff -- you'd be right. Commissioner Carollo: -- we. Vice Chair Sarnoff Right. And in the past, in a different Commission, I was surprised by something. And in the Grove, there was a moratorium on naming of streets. Chair Suarez: I thinkl did -- I think we did (UNINTELLIGIBLE), yeah. City ofMiami Page 13 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Vice Chair Sarnoff. But in this circumstance, in this circumstance, Elly Chovel holds something different than it would for me than it would for Cuban Americans. Andl reached out to, I think first, Commissioner Xavier Suarez, who apparently was interested in this and then passed it on to the Chair and said, It's not going to have the same breadth, it's not going to have the same input or push or panache ifI do it versus -- andl call you guys Cuban Americans, and I'd love to change the word -- Chair Suarez: American Cuban. Vice Chair Sarnoff. -- to American Cubans 'cause I know your allegiance -- Chair Suarez: You can, you can. Vice Chair Sarnoff. -- is first to America. Chair Suarez: You can, you can. Vice Chair Sarnoff. And -- Chair Suarez: For me, at least. Vice Chair Sarnoff. -- we all come from an ethnic background. Having said that, I reached out to the Chair and said, Look, it'll probably be better coming from an American Cuban than it would from an American -Jewish person so -- but I do appreciate you coming out. Because there was a circumstance once before -- you'd be dead right -- where I actually had a fight on the dais and there was a moratorium on street names in the Grove 'cause you could not name a street in the Grove. I'd question -- any rate, it's appreciated and thanks for the "we" on that. Chair Suarez: Yeah. And happen to know the family as well, personally. Allen, who's Elly's son, was a personal friend of mine growing up. But I understand what the Commissioner's saying, and you know, what I'll do -- at least I can give you my commitment, which will be to put something -- document it in writing, as long as it doesn't violate the sunshine law and it's -- I'll pass it by the City Attorney first -- which will put the district Commissioner -- whoever the district Commissioner is -- on notice that this request is being made and do they want to do it as a cosponsorship, do they want -- you know, whatever, and work the process a little bit more in a way that's better documented so that if -- when we get to the Commission, there isn't a dispute as to whether people reached out. Because what happens also is, you know -- and in fairness to District 4, some people will reach out to certain Commissioners and they'll come back to us and say, We reached out, we reached out, we reached out and we never got a response, so we came to you because, you know, we -- you know, you're responsive and we know you're going to, you know, get it done. So that happens sometimes as well. But in any event, I'll do my -- the only thing I control is myself, and so I'll do, you know, the very best that I can to make sure that the Commission feels that things are being done in an orderly process. So is there a motion on CA.2? Commissioner Carollo: Move it. Commissioner Spence -Jones: So move. I just have a discussion. So move. Chair Suarez: Yeah, yes. Commissioner Spence -Jones, you're recognized. Been moved and seconded. Commissioner Spence -Jones: I see your light on. Do you have a question, too? City ofMiami Page 14 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Commissioner Gort: No, no, no. Commissioner Spence -Jones: Okay. Commissioner Gort: No, no. (UNINTET,TIGIBT,F). Commissioner Spence -Jones: I support it. I moved it. Chair Suarez: Okay. Commissioner Spence -Jones: I don't have an issue with that at all. I just wanted to just really make sure -- and maybe this is more of a comment for the Administration on process. Because it just seems like the street naming process, you know, fluctuates. And l just want to make sure there's a consistent process and we're doing it the right way each time. And I'm not necessarily -- I'm removing Elly out of the conversation because I think that this is the right thing to do. So that's totally not -- I don't have any issues on this. But what I do have issues with, as we look at the history of street namings, you know, the rules seem to bend, you know -- and l just want to make sure we have a consistent policy on how and who we name streets after. We do have the policy in place that we all follow, correct? Like I know that one of the issues were, you know, the person could not be alive. Then that changed; the person could be alive. Okay, for -- Can we just put it on the record so we're all clear? Nzeribe Ihekwaba: Good morning. Zerry Ihekwaba, Public Works director. Madam City Commissioner, the City Code is quite very clear as to the process for renaming streets within the City. In Chapter 54-136.2139, the process is very detailed and stipulated. In the case of people that have passed away, the Commission, through a public hearing -- Commissioner Spence -Jones: Yeah. Mr. Ihekwaba: -- could actually make a designation. Now there are two forms of renaming streets -- alternatives to renaming streets. One is a codesignation, where you attach a name to an existing numbered street -- Commissioner Spence -Jones: Okay. Mr. Ihekwaba: -- or you could place a marker on a post at the location on the street where you want to codesignate. Or there is a third one, which is codesignation, which is what you have before you this morning. A codesignation, again, is an alternative way of renaming a street. Now for people that have pass -- people that are still alive -- Commissioner Spence -Jones: Yes, explain that. Mr. Ihekwaba: -- I believe the Code is very clear according to the state law that there has to be a four -fifths affirmative vote -- Commissioner Spence -Jones: Okay. Mr. Ihekwaba: -- to sustain that process. Commissioner Spence -Jones: So if there's not four of us voting on a -- if there is a street that's named after a person that is alive, then four of us have to agree. Mr. Ihekwaba: That's my understanding, correct. Commissioner Spence -Jones: Okay. City ofMiami Page 15 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chair Suarez: I think -- Commissioner Spence -Jones: So -- Chair Suarez: Sony. Commissioner Spence -Jones: I'm sorry. I just want -- you know -- Commissioner Gort: Yeah. Commissioner Spence -Jones: I'm just telling you, seven years being up here -- I mean, there have been times when I see street signs go up and four people haven't voted on it here. Mr. Ihekwaba: Okay. There are certain -- I understand in the past the State Legislature had already done some codesignation -- Commissioner Spence -Jones: But do -- Mr. Ihekwaba: -- and simply brought it down here for a declaration of no objection. Chair Suarez: No objection, yeah. That's -- Commissioner Spence -Jones: Right. So if the state designates something, but it -- does it still have to come in front of us, Madam City Attorney? Mr. Ihekwaba: It comes here for a declaration of no objection. Commissioner Spence -Jones: And it'll still require the four fifth? Chair Suarez: No. Mr. Ihekwaba: Not that I'm aware of. It's simply a declaration of no objection. Commissioner Spence -Jones: Interesting. Commissioner Gort: You know, when the -- it was change because I remember at one time the person had to be passed away before you could name a street after a person. Mr. Ihekwaba: I don't know -- Commissioner Spence -Jones: That's -- Commissioner Gort: When was that changed? Commissioner Spence -Jones: When was that changed? Ms. Bru: The whole process by which the Commission codesignates streets has changed over the years. So there was a revision in 2008 -- there's been a series of changes. There was a time, Commissioner, when indeed there was a prohibition on naming streets -- Commissioner Spence -Jones: Yeah. Ms. Bru: -- if a person was still alive. Then the Code was amended to allow for the four fifth waiver of that prohibition so -- and that's what we currently have now. City ofMiami Page 16 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Commissioner Spence -Jones: Okay. Johnny Martinez (City Manager): Zerry, can you put on the record, after all is said and done, who produces the actual sign? Mr. Ihekwaba: The actual sign is produced -- in the City ofMiami, the Miami -Dade County Public Works Department has the sole responsibility for the manufacture, installation, and maintenance of street signs. So the applicant for codesignation is required to pay a certain amount of fees and costs associated with the codesignation -- Chair Suarez: Can we -- Mr. Ihekwaba: -- and that money is made payable to Miami -Dade County. Chair Suarez: -- do something? Maybe it will resolve this issue because -- Commissioner Spence -Jones: And I'm -- Chair Suarez: -- this has come up before. Commissioner Spence -Jones: And hate -- and don't want your item to be -- Chair Suarez: No, it's okay. Commissioner Spence -Jones: -- you know -- Chair Suarez: No, no, and it's okay. I don't take it that way at all. I think it's something that we've actually struggled with and discussed before on a number of occasions. But maybe the way to fix it is, I think we all have some sort of hesitation with either codesignating or -- I guess the other way of saying it is not objecting to a street designation for people who are alive because, by definition, if somebody's alive, they could do something that -- Commissioner Spence -Jones: Crazy. Commissioner Gort: That was the reason why -- Chair Suarez: -- is not honorable. Commissioner Spence -Jones: Right. Commissioner Gort: -- that's why we changed the ordinance. Chair Suarez: Right. So, you know, when someone is not alive, it's a lot easier. So maybe what -- to analyze their life and see whether it's something that's worth honoring. Anyhow, I think maybe what we could do is make it a unanimous vote of the Commission -- of the present members, of the quorum members, whatever -- 'cause we have -- we need a quorum here. So if we have three people here, I don't think we should stop something, as long as it's unanimous. It has -- it should be unanimous. Andl think that should apply not only to codesignations, which are four fifths right now, but it should also apply to no objections. Because the no objection rule is basically you could have a 3-2 vote and still have a no objection for someone who's alive. Ms. Bru: Can ask for this to be tabled, please? Commissioner Spence -Jones: Yes -- City ofMiami Page 17 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chair Suarez: Sure. Commissioner Spence -Jones: -- please. Commissioner Gort: Yeah. Chair Suarez: Sure. Commissioner Spence -Jones: 'Cause I think that's -- Ms. Bru: I need to look into something that I've just been -- Chair Suarez: Okay. Ms. Bru: -- made aware of. Chair Suarez: No problem. Commissioner Spence -Jones: I'm telling you, the item -- Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: Mr. Chairman. Commissioner Spence -Jones: -- the issue is -- Chair Suarez: Yes. Commissioner Spence -Jones: -- an issue. Commissioner Carollo: I -- Chair Suarez: Commissioner Carollo. Commissioner Carollo: Thank you. I suggest maybe let's vote on this item. Chair Suarez: Yeah, yeah. Commissioner Carollo: However, let's bring it back as a discussion item so -- you know, so there -- you know, and everything is not convoluted. Chair Suarez: Sounds good. Commissioner Carollo: And -- 'cause I think it's not fair, 'cause I think we're all -- from what I've heard, we're all in agreement -- Commissioner Spence -Jones: Yes. Commissioner Carollo: -- that, you know, we are in favor of this street naming. So I think we should vote on it and then bring it back as a discussion item so we could thoroughly, you know, vet this process. City ofMiami Page 18 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chair Suarez: Agreed. All in favor, signifi, by saying "aye. " The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. CA.3 RESOLUTION 12-00953 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), RATIFYING THE CITY MANAGERS EXECUTION OF AMENDMENTS TO THE ADVANCED CLEANUP PROGRAM FUNDING AGREEMENTS, WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, FOR ITS CONTRIBUTION FOR THE CLEANUP OF ENVIRONMENTAL CONTAMINATION AT 1199 NORTHWEST 62 STREET, MIAMI, FLORIDA (FORMERLY STAR GAS STATION), CONTRIBUTING AN AMOUNT NOT TO EXCEED $101,316.31 WITH CITY'S CONTRIBUTION IN THE AMOUNT OF $35,000, FORA TOTAL AMOUNT OF $136,316.31; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AMENDMENTS, MODIFICATIONS AND EXTENSIONS TO SAID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM(S), FORA TWELVE (12) MONTH PERIOD, WITH THE OPTION TO RENEW FOR UP TO TWO (2) ADDITIONAL TWELVE-MONTH PERIODS UNDER THE SAME TERMS AND CONDITIONS. 12-00953 Summary Form.pdf 12-00953 Legislation.pdf 12-00953 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-12-0339 Chair Suarez: CA.3. Commissioner Spence -Jones: Yes. I just -- actually, it's just questions on both 3 and 4, but I think the Manager andl have kind of worked it out. But these -- this is in reference to the brownfields that are on 62nd, on MLK (Martin Luther King) Boulevard. These particular -- they were grants that we actually received to clean them up. As a matter of fact, I think we even had a training program with young people in the area to learn how to clean up brownsfields [sic]. And I know I had actually a conversation -- I don't know where George is -- in reference to what can be a match -- be made from a match. And to my understanding, CDBG (Community Development Block Grant) dollars can be -- can provide a match for any brownsfield [sic] cleanups, correct? Lillian Blondet: Lillian Blondet -- good morning -- Office of Grants Administration. Yes, Mr. Mensah informed me that, yes, we could use CDBG money. That's an allowable activity for the cleanup in this area. Commissioner Spence -Jones: Okay. I just wanted to make sure. All right. I know we've done it before. That's why I asked. City ofMiami Page 19 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 CA.4 12-00954 Office of Grants Administration Ms. Blondet: Yes. Commissioner Spence -Jones: Okay. Chair Suarez: Is there a motion? Commissioner Spence -Jones: Mo -- so moved. Commissioner Gort: Second. Chair Suarez: Moved and seconded. All in favor, signift by saying "aye. " The Commission (Collectively): Aye. Chair Suarez: The mover was Commissioner Spence -Jones, the seconder was Commissioner Gort. Commissioner Spence -Jones: Thank you, guys. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING THE CITY MANAGER'S EXECUTION OF AMENDMENTS TO THE ADVANCED CLEANUP PROGRAM FUNDING AGREEMENT, WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, FOR ITS CONTRIBUTION, FOR THE CLEANUP OF ENVIRONMENTAL CONTAMINATION AT 6200 NORTHWEST 17TH AVENUE, MIAMI, FLORIDA (FORMERLY SHAMROCK GAS STATION), CONTRIBUTING AN AMOUNT NOT TO EXCEED $191,466.83, WITH THE CITY'S CONTRIBUTION IN THE AMOUNT OF $200,000, FORA TOTAL AMOUNT OF $391,466.83; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AMENDMENTS, MODIFICATIONS AND EXTENSIONS TO SAID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM(S), FOR A TWELVE (12) MONTH PERIOD, WITH THE OPTION TO RENEW FOR UP TO TWO (2) ADDITIONAL TWELVE-MONTH PERIODS UNDER THE SAME TERMS AND CONDITIONS. 12-00954 Summary Form.pdf 12-00954 Legislation.pdf 12-00954 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-12-0340 Chair Suarez: RE (Resolution) -- I'm sorry, CA.4, please. Commissioner Spence -Jones: It's the same thing. Chair Suarez: You want to move it again? City ofMiami Page 20 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Commissioner Spence -Jones: So moved. Chair Suarez: Moved by Commissioner Spence -Jones. Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. All in favor, signifi, by saying aye. The Commission (Collectively): Aye. END OF CONSENT AGENDA PUBLIC HEARINGS 9:00 A.M. PH.1 RESOLUTION 12-00666 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community CITY MANAGER, AFTER CONSULTATION WITH THE COMMUNITY Development DEVELOPMENT DIRECTOR AND THE CITY ATTORNEY, TO EXECUTE DOCUMENTS IN CONNECTION WITH THE DEFEASANCE OF THE SECTION 108 LOAN FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, LOAN B-90-MC-12-0013, RELATING TO SOUTHEAST OVERTOWN PARK WEST, WITH A PRINCIPAL BALANCE OF $1,250,000, AND INTEREST PAYMENTS OF $30,875; FURTHER AUTHORIZING THE CITY MANAGER, AFTER CONSULTATION WITH THE COMMUNITY DEVELOPMENT DIRECTOR AND THE CITY ATTORNEY, TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE. 12-00666 Summary Form.pdf 12-00666 Notice to the Public.pdf 12-00666 Pre-Legislation.pdf 12-00666 Legislation (Version 2).pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0341 Chair Suarez: We will now begin the public hearing items. Any member of the public who wishes to address the Commission regarding a public hearing item must first register with the City Clerk. In addition, pursuant to City Code, any person addressing the Commission must limit his or her address to two minutes, unless additional time is granted by the presiding officer. Finally, any person addressing the Commissioner -- the Commission, I'm sorry, must begin by stating his or her name and street address for the record. We will now begin with PH.1. George Mensah: Good morning, Commissioners. George Mensah, director of Community Development. PH.1 is authorizing the City Manager to defease a Section 108 loan from the United States Department of Housing and Urban Development, relating to Southeast Overtown/Park West, with a principal balance of $1.25 million and interest payment of $30, 875. City ofMiami Page 21 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chair Suarez: Thank you. This is a public hearing item. Anyone wishing to speak on PH 1 ? Seeing none and hearing none, the public hearing on PH.1 is closed; coming back to this Commission. Is there a motion? Commissioner Gort: Move it. Commissioner Spence -Jones: Second. Chair Suarez: It's been moved by Commissioner Gort, second by Commissioner Spence -Jones. Any further comment? Yes? Commissioner Spence -Jones: No. I just want to make sure that -- Vice Chair Sarnoff Oh, I -- Chair Suarez: This was the white page on blue paper. Vice Chair Sarnoff Yeah. I mean, I have my notes on this. I'm going to vote for this. Commissioner Spence -Jones: Thank you. Vice Chair Sarnoff But I will say this -- andl don't fault anybody here because this goes back too many years. Commissioner Gort: Yes. Commissioner Spence -Jones: I don't think was born then, but go ahead. Vice Chair Sarnoff But this is the most convoluted -- Chair Suarez: I certainly wasn't. Commissioner Gort: We were kids when it was passed. Vice Chair Sarnoff Right. This is the most convoluted recitation of what happened. But the Manager has convinced me that it's a good business decision, it's a good move. But think you guys see my concern because nobody can really explain the root origin of this. Chair Suarez: No. Andl have to commend Community Development for producing -- Commissioner Gort: The documents. Chair Suarez: -- the information -- the "white paper" that the Vice Chair had asked for, which was as comprehensive a background and analysis as you could give given the information that you had so. Vice Chair Sarnoff Andl don't mean that as any reflect -- Chair Suarez: No, no. Vice Chair Sarnoff This predates everybody here. But I think it also shows us how much improvement we've made and should make because this is a very convoluted -- I don't know. This is old Miami, I think. City ofMiami Page 22 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chair Suarez: Agreed. There's a motion and a second. All in favor, signift by saying "aye. The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. PH (Public Hearing) -- Commissioner Spence -Jones: I just want to put on -- officially on the record the -- that Spence -Jones -- Priscilla A. Thompson (City Clerk): I'm sorry, Commissioner. Commissioner Spence -Jones: I just want to officially put on the record that Spence -Jones -- this was not an item that Spence -Jones put on. Mr. Mensah: No, no. Chair Suarez: Okay. Commissioner Spence -Jones: I just want to make sure. PH.2 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 Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-12-0362 Chair Suarez: Okay, PH.2. Commissioner Carollo: And Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: In PH.2, I understand that this is a public hearing. Chair Suarez: Yes, sir. Commissioner Carollo: So, you know, I'm going to respectfully request that you open the public hearing and close it, but that then we table the item. There's something that I'm working with -- City ofMiami Page 23 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chair Suarez: Sure. Commissioner Carollo: -- Zerry on this item and l just want to be clear. Remember, we're taking a mammoth amount of information on many different issues -- Chair Suarez: Sure. Commissioner Carollo: -- so I want to be clear on -- Chair Suarez: I have no problem with that. Commissioner Carollo: -- some of the things that we had discussed. Chair Suarez: Is there anyone else that has any issues with opening and closing the public hearing on PH.2 and then tabling the item for the afternoon or --? Commissioner Carollo: And the reason I'm saying that is because I know due to translators and so forth, I'd rather do it, you know, now to make sure that -- Chair Suarez: We don't incur additional cost. Commissioner Carollo: -- we have translators and it doesn't cost us in the future. Chair Suarez: Okay. This is a public hearing item. Anyone wishing to speak on PH.2? Anyone wishing to speak on PH.2? Seeing none and hearing none, the public hearing on PH.2 is closed. We're going to table this item for the afternoon, sometime in the afternoon. Commissioner Carollo: Yeah. Yeah, after lunch. Chair Suarez: Okay. Thank you, Mr. Ihekwaba. [Later..] Chair Suarez: PH.2. Tony Recio: Thank you. Chair Suarez: Mr. Ihekwaba. Nzeribe Ihekwaba (Director, Public Works): Yes, sir. Good afternoon. Chair Suarez: Yes. Mr. Ihekwaba: Zerry Ihekwaba, Public Works director. PH.2 is a resolution to authorize and permit the restriction of vehicle and pedestrian access to the public alley located in the area bounded by Northeast 1 stAvenue, Northeast 1st Court, Northeast 14th Street, and Northeast 13th Terrace. This request is predicated on a desire to construct and comply with the requirements of the Interim Parking Lot ordinance as stipulated in Chapter 62. Chair Suarez: Thank you. We opened and closed the public hearing on this one. Vice Chair Sarnoff. So moved. Chair Suarez: We tabled it for a Commissioner who requested it be tabled for the afternoon. It is now the afternoon. It's been moved by Commission -- the Vice Chair. Is there a second? City ofMiami Page 24 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. All in favor, signift, by saying aye." The Commission (Collectively): Aye. Chair Suarez: Passes. And by the way, if something like that happens where someone wants to make a point of an issue, I think -- and for whatever reason it's tabled for an afternoon, it's taken at the afternoon, the person's not here, they can bring it as a discussion item or some other form of -- there's another way that you can have a remedy to discuss an issue of this type. You understand what I'm saying? Vice Chair Sarnoff I do, I do. Chair Suarez: So not all is lost. Vice Chair Sarnoff Correct, correct. Even with your genuine good nature, not all is lost. Chair Suarez: I always try to -- Vice Chair Sarnoff You do. You actually go a little overboard. Chair Suarez: Well, I apologize. I do the best I can. Vice Chair Sarnoff No, no, no. Chair Suarez: It's my -- it's who I am. Vice Chair Sarnoff It is. It is. Chair Suarez: Can't change it. PH.3 RESOLUTION 12-00955 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 COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC, A DELAWARE LIMITED LIABILITY COMPANY, OF A PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT OF AN APPROXIMATELY FIFTEEN (15) FOOT WIDE STRIP OF CITY OF MIAMI OWNED PROPERTY LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, (ALSO KNOWN AS COCONUT GROVE CONVENTION CENTER), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF CATV, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, ENLARGE, CHANGE THE VOLTAGE OF, CHANGE THE SIZE OF AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT. 12-00955 Summary Form.pdf 12-00955 Notice to the Public.pdf 12-00955 Legislation.pdf 12-00955 Exhibit 1.pdf City ofMiami Page 25 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Motion by Commissioner Gort, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-12-0342 Chair Suarez: PH.3. Henry Torre: Good morning. Henry Torre, director of Public Facilities. PH.3 is a resolution granting to Comcast Cable Communications an easement of approximately 15-foot strip of City -owned property located at 3500 Pan American Drive, for the new Dinner Key dockmaster building. Chair Suarez: Thank you. This is a public hearing item. Anyone wishing to speak on PH.3? Anyone wishing to speak on PH.3? Mr. Cruz, you're recognized for the record, sir. Mariano Cruz: Yeah. Mariano Cruz, 1227 Northwest 26th Street, a customer of Comcast. I -- when I saw this in the agenda, I called Comcast customer service 'cause I want to know service, and I'm still waiting for that callback. And you know, they are a for profit corporation. They're not a (UNINTELLIGIBLE) or 501(c) (3) or anything, you know, or whatever, no. You know that they a non-profit corporation that they making money 'cause they take 168.36 on my bank account every month because I got -- but want to know -- Chair Suarez: You have some pretty extensive services. Mr. Cruz: -- let me know customer service, the bundled service was -- and now I see here the City -- What do we get from Comcast? Do we get anything back? I mean, it's supposed to be quid pro quo: You give me something, I give you something. Thank you. Chair Suarez: Thank you, Mr. Cruz. Anyone else from the public wishing to speak on PH.3? Anyone else from the public wishing to speak on PH.3? Seeing none and hearing none, the public hearing on PH.3 is closed; coming back to this Commission. Is there a motion? Commissioner Gort: Move it. Vice Chair Sarnoff So move. Second. Chair Suarez: Moved by Commissioner Gort, seconded by the Vice Chair. All in favor -- yes. Commissioner Carollo: Mr. Chairman, just -- Chair Suarez: Yes. Commissioner Carollo: -- one quick question. I just want to do a little due diligence. Are there any future plans that would interfere with this easement? Like, would this easement interfere with any future plans that may --? Mr. Torre: No, it's underground where the parking area is planned to be. Commissioner Carollo: Okay. Chair Suarez: Thank you. All in favor, signifi, by saying "aye. City ofMiami Page 26 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 The Commission (Collectively): Aye. PH.4 RESOLUTION 12-00956 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 BELLSOUTH TELECOMMUNICATIONS, LLC D/B/A AT&T FLORIDA, A FOR -PROFIT CORPORATION, OF A PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT OF AN APPROXIMATELY FIFTEEN (15) FOOT -WIDE STRIP OF CITY OF MIAMI OWNED PROPERTY LOCATED AT 3500 PAN AMERICAN DRIVE (ALSO KNOWN AS COCONUT GROVE CONVENTION CENTER), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, ENLARGE, CHANGE THE VOLTAGE OF, CHANGE THE SIZE OF AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT. 12-00956 Summary Form.pdf 12-00956 Notice to the Public.pdf 12-00956 Legislation.pdf 12-00956 Exhibit 1.pdf PH.5 12-00390 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-12-0343 Chair Suarez: PH.4. Henry Torre (Director, Public Facilities): PH.4 is a resolution granting BellSouth -- to BellSouth Communications [sic] for a 15-foot-wide strip of City -owned property located at 3500 Pan American Drive, for the new Dinner Key dockmaster building. Chair Suarez: This is a public hearing. Anyone from the public wishing to speak on PH.4? Anyone from the public wishing to speak on PH.4? Seeing -- Thank you, Mr. Cruz -- and hearing none, all in -- I'm sorry. The public hearing on PH.4 is closed, coming back to this Commission. Is there a motion? Vice Chair Sarnoff So move. Commissioner Spence -Jones: Second. Chair Suarez: Moved by the Vice Chair, second by Commissioner Spence -Jones. Any discussion? All in favor, signift by saying "aye." The Commission (Collectively): Aye. RESOLUTION City ofMiami Page 27 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS BEING NEITHER PRACTICABLE NOR ADVANTAGEOUS TO THE CITY OF MIAMI FOR THE FIRE DETECTION AND ALARM SYSTEM FOR THE HYATT HOTEL AND JAMES L. KNIGHT CONVENTION CENTER ("KNIGHT CENTER") LOCATED AT 400 SOUTHEAST 2ND AVENUE, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BY AND BETWEEN THE CITY OF MIAMI ("CITY") AND HYATT EQUITIES, LLC ("HYATT"), TO PROVIDE AUTHORIZATION FOR HYATT TO PREPARE AND FINALIZE A SPECIFICATIONS CRITERIA PACKAGE ("PHASE I") AND FURNISHING, INSTALLATION, AND TESTING ("PHASE II") FOR THE REPLACEMENT OF THE FIRE DETECTION AND ALARM SYSTEM AND ASSOCIATED EQUIPMENT THAT SUPPORTS THE HYATT HOTEL AND THE KNIGHT CENTER, WITH A TOTAL PROJECT COST ESTIMATE OF $778,306 TO BE PAID BASED ON A PERCENTAGE USE OF THE SYSTEM, WITH THE CITY'S SHARE NOT TO EXCEED $238,745; FURTHER AUTHORIZING THE CITY MANAGER TO UNDERTAKE ALL REQUIREMENTS IN ORDER FOR THE CITY TO COMPLY WITH THE UNITED STATES INTERNAL REVENUE CODE OF 1986, AS AMENDED, SUBJECT TO APPROVING OPINION OF BOND COUNSEL AND CONSULTATION WITH THE CITY ATTORNEY; ALLOCATING FUNDS FOR THE CITY'S CONTRIBUTION FROM CIP PROJECT B-70414; WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID LETTER AGREEMENT. 12-00390 Summary Form.pdf 12-00390 Notice to the Public.pdf 12-00390 Memo - Waiver of Competitive Bidding.pdf 12-00390 Legislation.pdf 12-00390 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort Note for the Record: Item PH.5 was deferred to the October 11, 2102 Commission Meeting. END OF PUBLIC HEARINGS ORDINANCES - EMERGENCY EM.1 ORDINANCE Emergency Ordinance 12-01047 Department of (4/5 THS VOTE) Management and AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION Budget AMENDING CHAPTER 40/ARTICLE IV/DIVISION 3, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED City ofMiami Page 28 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST," TO PROVIDE FOR A BACKDROP BENEFIT OPTION AND A DESCRIPTION OF ITS APPLICABILITY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE, SUBJECT TO THE RATIFICATION OF THE FLORIDA PUBLIC EMPLOYEES' COUNCIL 79, AFSCME, AFL-CIO, LOCAL 871, AND MIAMI GENERAL EMPLOYEES AFSCME LOCAL 1907, AFL-CIO, SUBJECT TO CONDITIONS. 12-01047 Summary Form.pdf 12-01047 Legislation.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED as an emergency measure, with modifications, waiving the requirement for two seperate readings PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 13343 Chair Suarez: We're going to -- I'd like to table the two emergency ordinances until the afternoon. We're still -- I'm still -- my office is still reviewing the TA'd agreements. So unless there's some objection to that, I would like to have them tabled until the afternoon. Commissioner Carollo: That's fine. Chair Suarez: Thank you. [Later...] Chair Suarez: I think now we're going to go to EM.1, if I'm not mistaken, and I think the -- do you have the language approved? Is everyone in agreement on what the language is going to been be on EM.1 ? Diana Vizcaino: Yes, we do. Diana Vizcaino, assistant City Attorney, and we also have Jim Linn on the phone if you all have any questions for him as well. Chair Suarez: Thank you. Do you want to read -- anyone want to read the ordinance? The Ordinance was read by title into the public record by Assistant City Attorney Diana Vizcaino. Chair Suarez: Thank you. Is that as amended or is that as stated? Ms. Vizcaino: As amended. Chair Suarez: Thank you. Do I have to open a public record [sic] on this, Madam City --? Priscilla A. Thompson (City Clerk): It's an emergency ordinance. If I'm not mistaken, we do need a public hearing, do we not, City Attorney? Ms. Vizcaino: Yes. Ms. Thompson: Thank you. Chair Suarez: Thank you. City ofMiami Page 29 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Ms. Thompson: And just let you know, we'll have to take two votes on it as well. Chair Suarez: That's fine. Thank you. Is there -- first of all, let me open up the -- to the public EM.1. Is there anyone from the public that wishes to speak on EM.1, EM.1 ? You're recognized. Joe Simmons: Good afternoon, ladies and gentlemen. Joe Simmons, Jr., president of the sanitation workers, AFSCME (American Federation of State, County, and Municipal Employees) Local 871. This was a very tumultuous taskforce, but we got it done with our experts in Washington and Miami. I want to thank Diana and Johnny Martinez and all their team and Ms. Janice, Danny, and countless other people that assisted in this matter. We're very happy with the outcome of it. It's still -- there are some changes, but it's still a pretty good plan. Chair Suarez: Thank you, Mr. Simmons. Mr. Simmons: And we need your support. Thanks. Chair Suarez: Thank you, and thank you for expressing those positive sentiments on the record. It's always nice to hear positive sentiments. Anyone else wishing to speak on EM.1 ? Mariano Cruz: Mariano Cruz -- Chair Suarez: Yes, sir. Mr. Cruz: -- 1227 Northwest 26th Street. I was not going to say anything, but if Joe Simmons is involved in this, got to be good because he's a good person for the employees. Chair Suarez: Thank you. Mr. Cruz: When I have some problem with that, I don't call Campbell or call Carmenate. I call Joe Simmons -- Chair Suarez: Okay. Mr. Cruz: -- and all the problems are solved. Chair Suarez: Thank you, sir. Mr. Cruz: Thank you. Chair Suarez: Anyone else wishing to speak on EM.1 ? Seeing none, hearing none, the public hearing on EM.1 is closed. Coming back to this Commission, is there a motion? Commissioner Gort: Move it. Commissioner Spence -Jones: So moved Chair Suarez: Moved by Commissioner Gort, second by Commissioner Spence -Jones. It is an ordinance, first reading. The Ordinance was read by title into the public record by Assistant City Attorney Diana Vizcaino. Ms. Thompson: This is your roll call on your modified emergency ordinance. This would be your first roll call. A roll call was taken, the result of which is stated above. City ofMiami Page 30 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 EM.2 12-01048 Department of Management and Budget Ms. Thompson: Your second roll call. Chair Suarez: Does there need to be a new motion made or you can just --? Ms. Thompson: No, no. No. Chair Suarez: Okay, thank you. Commissioner Carollo: No. Ms. Thompson: I'd have to just take -- Chair Suarez: My apologies. Ms. Thompson: -- two roll -- No problem. Again, on your second roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed as a modified emergency measure, 5-0. Chair Suarez: Thank you. ORDINANCE Emergency Ordinance (4/5 THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST;" TO PROVIDE FORA CHANGE IN SECTION 40-196 RELATED TO MEMBER CONTRIBUTION FOR POLICE OFFICERS HIRED DURING CERTAIN TIME PERIODS AND TO PROVIDE FOR A CHANGE IN THE ACTUARIAL FUNDING METHOD; FURTHER PROVIDING FOR A BACKDROP BENEFIT OPTION AND A DESCRIPTION OF ITS APPLICABILITY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE, SUBJECT TO RATIFICATION BY THE MEMBERS OF THE FRATERNAL ORDER OF POLICE, WALTER E. HEADLEY, JR., MIAMI LODGE NO. 20 AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO LOCAL 587, SUBJECT TO CONDITIONS. 12-01048 Summary Form.pdf 12-01048 Legislation.pdf 12-01048 Memo -City Manager -Substitution for EM.2 9.27.12.pdf 12-01048 Memo -City Manager -Substitution for EM.2 9.25.12.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED as an emergency measure, with modifications, waiving the requirement for two seperate readings PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 13344 City ofMiami Page 31 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chair Suarez: EM.2. Diana Vizcaino (Assistant City Attorney): EM.2, as amended, an emergency ordinance of the Miami City Commission amending Chapter 40, Article 4, Division 2 of the code of the City of Miami, Florida, as amended, entitled Personnel Pension and Retirement Plan, City ofMiami Firefighters and Police Officers Retirement Trust, to provide for a change in Section 40-196 related to member contribution for police officers hired during certain time periods and to provide for a change in the actuarial method -- funding method; further providing for a BACKDROP benefit option and a description of its applicability; containing a severability clause and providing for an immediate effective date, subject to ratification by the members of the Fraternal Order ofPolice, Walter E. Headley, Jr., Miami, Lodge 20, and the International Association of Firefighters, AFL-CIO (American Federation of Labor -Congress of Industrial Organizations), Local 587, subject to conditions. Chair Suarez: Thank you. Madam Clerk. Priscilla A. Thompson (City Clerk): Do you want to do your public --? Chair Suarez: Yes. Ms. Thompson: -- your public -- Chair Suarez: Anyone from the public wishing to speak on EM.2? Anyone from the public wishing to speak on EM.2? Sir, you're recognized. Javier Ortiz: Good evening. Javier Ortiz, 710 Southwest 12th Avenue, vice president ofMiami FOP (Fraternal Order ofPolice). I just wanted to address the Commission, and l just wanted to thank all of you, as well as the City Manager and the City Attorneys and all of their support staff in putting this together. It was very, very important to us, as well as the City to reach an agreement. And l just wanted to thank you all. And that we're in support of this ordinance. Chair Suarez: Thank you, sir. Mr. Suarez. Robert Suarez: Robert Suarez, Miami Local 587. I'd just like to thank the Administration for their help in addressing our concerns with this ordinance and making sure that the concerns of the retirees and all the parties are met and we appreciate their cooperation with that. Chair Suarez: Thank you, sir. Mr. Suarez: Thank you. Mariano Cruz: Mariano Cruz, 1227 26 Street. I'm speaking as a resident and family of police officers and grandfather ofMegan, who happen to be daughter of police officer, to make sure that her future -- andl said it before -- is taken care. You know they want to get out of DROP (Deferred Retirement Option Plans) or come on back to DROP or whatever it is. That's fine with me, you know. I am here watching. Okay, I said before, I don't pay taxes to the City of debt service, butl am impacted by it. And live in Allapattah by Willy Gort for forty -some years in the best hidden neighborhood in Miami -Dade, the best hidden neighborhood. People don't realize that, but Allapattah is the best hidden neighborhood, close to the every place, and very good. Right? Right, Commissioner? Commissioner Gort: You're right. Mr. Cruz: My neighbor. City ofMiami Page 32 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 SR.1 Chair Suarez: It's not that hidden, though. Thank you, Mr. Cruz. Anyone else wishing to speak on EM.2? Anyone else wishing to speak on EM.2? Seeing none, hearing none, the public hearing on EM.2 is closed. Coming back to this Commission, is there a motion? Priscilla A. Thompson (City Clerk): I just want to make sure. I have in my hands a substitute, so this would be a modified emergency ordinance, is that correct? Ms. Vizcaino: That's correct, as amended. Ms. Thompson: Thank you. Vice Chair Sarnoff So moved as substituted. Chair Suarez: Moved by the Vice Chair, as substituted. Is there a second? Commissioner Carollo: Second. Commissioner Gort: Second. Chair Suarez: Second by Commissioner Carollo. It is an ordinance, Madam City Attorney. The Ordinance was read by title into the public record by Assistant City Attorney Diana Vizcaino. Ms. Thompson: This is your -- Chair Suarez: Thank you. Ms. Thompson: -- first roll call on your modified emergency ordinance. A roll call was taken, the result of which is stated above. Ms. Thompson: Your second roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: Your emergency ordinance, modified, has been adopted, 5-0. Chair Suarez: Thank you. I think what we're going to do now is stand in recess while you switch us over to the budget. We'll start promptly at 6. If there's a quorum, we're going to start. Commissioner Gort: That's it? Chair Suarez: Okay. And what we're going to do is we're going to table SR.1 until after the budget is completed so that that could be a complete item and not an incomplete item, as I think was a concern for some of the Commissioners. Commissioner Carollo: Yeah. Chair Suarez: Okay. So we'll be in recess until 6p.m. sharp. END OF EMERGENCY ORDINANCES ORDINANCES - SECOND READINGS ORDINANCE Second Reading City ofMiami Page 33 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 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 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 Vice Chair Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 13345 Chair Suarez: SR.1. Commissioner Carollo: This -- Mr. Chairman. Chair Suarez: Yes, you're recognized. Commissioner Carollo: This will probably be the last one that ask for a table. Can we also table SR.1? Chair Suarez: Okay. Commissioner Carollo: There was a lot of confusion on this. Chair Suarez: There was, there was. Commissioner Carollo: I spent some time with the Manager on this andl got clarity, but -- Chair Suarez: And in fairness, the two weeks that we've had from the last budget hearing to now, I mean, I'm sure for everyone it's been a whirlwind of trying to get information, of asking and -- you know, so -- Commissioner Carollo: Exactly. Chair Suarez: -- that's fine with me. Anyone object to that? Commissioner Gort: Nope. Chair Suarez: Okay. Commissioner Spence -Jones: SR (Second Reading) -- you mean, SR.1? Chair Suarez: SR.1. Commissioner Spence -Jones: So we're going to table that 'til later. City ofMiami Page 34 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Commissioner Carollo: Right. Chair Suarez: To the afternoon. Chair Spence -Jones: Okay, no problem. [Later..] Chair Suarez: (UNINTET,T IGIBT ,F) your attention for one or two more minutes. We're -- we are back in session, Mr. Mayor. On SR.1, it's a second reading ordinance establishing, I'm assuming, the departments that we've just approved the budget for. So is there a motion on this item? Commissioner Gort: Move it. Chair Suarez: Moved by Commissioner Gort. Is there a second? Vice Chair Sarnoff Second. Chair Suarez: Second by the Vice Chair. This is a public hearing item. Anyone wishing to speak on SR.1? Seeing none and hearing none, the public hearing on SR.1 is closed; coming back to this Commission. It is an ordinance, Madam City Attorney. Julie O. Bru (City Attorney): Mr. Chair. The number will be provided once we finalize this agenda so, therefore, it's blank. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. Chair Suarez: Meeting adjourned. Ms. Thompson: As modified. As modified. SR.2 ORDINANCE 12-00845 Second 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 ADOPTED PASSED by the following vote. City ofMiami Page 35 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 13339 Chair Suarez: SR. 2. Commissioner Gort: Yes, sir. I had called for time certain, but the -- we had the individual here, Tom -- Chair Suarez: Sure. Commissioner Gort: -- (UNINTET ,T IGIBT,F) and (UNINTELLIGIBLE). Commissioner Spence -Jones: That's at 2 o'clock? Commissioner Gort: No. We're going to have it. We're going to listen to it now. They're a group that come from the Wall Street War Fighters Foundation, which created Drexel Hamilton, which is a firm that is made out of veterans. And we asked for this ordinance. It's an ordinance of the Miami City Commission, amending Chapter 18/Article III of the Code of the City of Miami, Florida, as amended, entitled "Finance/City ofMiami Procurement Ordinance, " more particularly by creating new Section 18-110, entitled "Adoption of the [sic] 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 the state act; providing a severability clause and providing for effective date. Commissioner Spence -Jones: Second. Chair Suarez: It's been moved and seconded. This is an ordinance which requires a public hearing. Anyone from the public wishing to speak on SR.2? Anyone from the public wishing to speak on SR. 2? Sir, would you like to say something? Ellis Majetich: I just wanted to thank you for the opportunity. I think this is a fantastic movement that will help veterans that are returning -from combat operations, specifically those who were injured and seriously injured in combat. This will give us opportunities that we didn't have before. Chair Suarez: Thank you. Commissioner Gort: Name and -- Priscilla A. Thompson (City Clerk): Excuse me -- Commissioner Gort: -- address. Ms. Thompson: -- Chair. I'm sorry. Commissioner Gort: Name and address. Ms. Thompson: Oh, thank you. Mr. Majetich: Oh. Ellis Majetich. I live in Saint Augustine. Chair Suarez: And title. Mr. Majetich: Vice president, Drexel Hamilton. City ofMiami Page 36 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chair Suarez: And your -- What was your rank in the military? Mr. Majetich: Staff Sergeant, 304th Psychological Operations. Chair Suarez: Thank you. Thank you for your service. Mr. Majetich: No, my honor. Chair Suarez: Thank you for being here. Anyone else from the public? Yes, Mr. Cruz. Mariano Cruz: That's the ordinance? Commissioner Gort: Yes. Chair Suarez: Yes, sir. Mr. Cruz: Oh, okay. Let me speak. SR. 2. Mariano -- Chair Suarez: Yes, sir. Mr. Cruz: -- Cruz, 1227 26 Street, veteran, U.S. (United States) Army, Fort Knox, Fort Jackson October crisis, '62-'63. It will be 50 years soon, and the VA (Veterans Administration) has been good. VA help us, good. I like to see all this because you have to go to the VA and see the young people there without arms, without legs or anything, that they doing the dirty work for us in places that you have to look in the map to find out where they are. It's good to see this ordinance that we worry about them and take care of them 'cause (UNINTELLIGIBLE). I still live in the VA home I bought in 1968. I still live there (UNINTELLIGIBLE) all the time. I pay my way. Lucky, I don't have to pay taxes to the City. That's not lucky. You know, they -- I go by the laws. If Congress made the laws, I benefit from them, I take them. And this is a good ordinance. Thank you. Chair Suarez: Thank you, sir. Anyone else wishing to speak on SR. 2? Anyone else wishing to speak on SR. 2? Seeing none, hearing none, the public hearing on SR. 2 is closed. Commissioner Spence -Jones: Mr. Chairman, I just want to really acknowledge -- Chair Suarez: Commissioner Gort. Commissioner Spence -Jones: -- our fellow colleague, Commissioner Gort, for his action, not just on this particular item, but several items when it comes to veterans and his support to make sure that they are taken care of. I do -- I would like to at least put on the record with the City Manager -- I would like to see us -- andl know at least two or three years ago we talked about this, Commissioner Gort -- putting some sort of veterans taskforce or veterans based committee that could look at all of the issues around veterans and how we can have an impact on them in all of our districts, at least in the City ofMiami. I would like for us to really relook at that committee once again. We are going to have a lot of soldiers -- we already have a lot returning home now, so I would really want us to take this thing really seriously and have an active body working on everything from housing to, you know, jobs, to small companies, whatever it is that we can do to kind of support veterans. I really want us to take it seriously and put a committee together. Andl don't have a problem with nominating somebody from my district to be involved that's very much involved in veterans affairs, and perhaps the other Commissioners can do the same. But I just think that if we're going to really have a solid impact on it, we got to have somebody monitoring the process and really making sure that that's happening. City ofMiami Page 37 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chair Suarez: Thank you. And I also would like to commend the Commissioner, who, in many ways, exemplifies, you know, someone who never makes it about him and is definitely very much a "we" person, and you know, it's -- he's definitely a lesson to us all. Thank you. This is an ordinance, Madam City Attorney. Julie O. Bru (City Attorney): I believe the Commissioner already -- Commissioner Gort: I read it. Ms. Bru: -- read the title so. Chair Suarez: Oh, very good. That's right. Ms. Bru: Thank you. Chair Suarez: Actually, then, can you give us a roll call? Ms. Thompson: Yes. Chair Suarez: Thank you. Ms. Thompson: Your roll call on your second reading ordinance. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. Chair Suarez: Thank you. SR.3 ORDINANCE 12-00974 Second 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 ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 13340 Chair Suarez: SR. 3. Commissioner Carollo: Thank you, Mr. Chairman. SR.3 is on second reading. It's regarding boards and, in particular, the Planning and Zoning Appeals Board. And all I'm trying to do here is to incorporate what some of the -- some language that is in other board appointments. What's happening here is that in the Planning, Zoning and Appeals Board, you cannot name a County City ofMiami Page 38 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 FR.1 12-00935 Department of Planning and Zoning or City employee to this board. Now in other boards, they also have the same language, that you cannot name a County or City employee. However, it does have language stipulating that with a four fifth waiver of the Commission, you can then appoint a County or City employee. So all this ordinance is asking that we incorporate that standard language that is applied to other boards so if we wanted to name a County or City employee to the Planning, Zoning and Appeals Board, that it could be done through a waiver of this Commission, a four fifth waiver. Chair Suarez: Thank you. Commissioner Carollo: And -- Chair Suarez: This is a -- Commissioner Carollo: -- with that, I make a motion to approve. Chair Suarez: There's a motion. Is there a second? Commissioner Gort: Second. Chair Suarez: There's a second. This is a public hearing. This is an ordinance requiring a public hearing. Anyone wishing to speak on SR.3? Anyone wishing to speak on SR.3? The public hearing on SR.3 is closed. Madam City Attorney. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call, second reading ordinance. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. Chair Suarez: Thank you. END OF ORDINANCES - SECOND READINGS ORDINANCE - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE PARTICULARLY BY DELETING OBSOLETE LANGUAGE, ADDING LANGUAGE THAT IS CONSISTENT WITH MIAMI 21, THE ZONING ORDINANCE OF THE CITY OF MIAMI, AND AMENDING THE RENEWAL SCHEDULE FOR CERTIFICATES OF USE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00935 Summary Form SR.pdf 12-00935 Legislation (Version 2) SR.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Noes: 1 - Commissioner(s) Spence -Jones City ofMiami Page 39 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chair Suarez: FR.1. Barnaby Min: Barnaby Min, Zoning administrator. FR.1 is an amendment to Chapter 2 of the City Code to modn5, the invoice date for CU (Certificate of Use) renewals. Currently, it's on the calendar year. We're proposing that it be changed to the fiscal year so it'll be consistent with business tax receipts, which are currently renewed on the fiscal year. Chair Suarez: Thank you. Is there anyone from the public wishing to speak on FR.1? Anyone from the public wishing to speak on FR.1? Seeing none, hearing none, the public hearing is closed. Is there a motion? Vice Chair Sarnoff. So move. Chair Suarez: Moved by the Vice Chair. Is there a second? Mr. Min: Just so -- Commissioner Carollo: Second. Chair Suarez: Second by Commissioner Carollo. Commissioner Carollo: On first reading. Chair Suarez: It is an ordinance on first reading. Madam City Attorney. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call on the first reading ordinance. Commissioner Spence -Jones? Commissioner Spence -Jones: No. Ms. Thompson: Commissioner Gort? Commissioner Gort: First reading, yes. Ms. Thompson: Commissioner Carollo? Commissioner Carollo: First reading, yes. Ms. Thompson: Vice Chair Sarnoff? Vice Chair Sarnoff. Yes. Ms. Thompson: Then Chair Suarez? Chair Suarez: Yes. Ms. Thompson: The ordinance has been passed on first reading, 4-1. Mr. Min: Thank you. Commissioner Carollo: And Mr. Chairman. City ofMiami Page 40 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chair Suarez: Yes. Commissioner Carollo: Again, a lot of times actions speak louder than words, so you know, I -- you know, afriendly suggestion, that you meet with my office. I know you tried to meet with us. Andl think we need to do some follow up with this 'cause I think the consensus is that this Commission is a little weary [sic] on this particular item. Mr. Min: I'm happy to, and I'll coordinate. And just to try and comfort the Commission, the legislation does not change any of the pricing schemes, so none of the fees are actually being affected. It is solely meant to update the language and to change the invoice date, but I will follow up. Commissioner Carollo: Thank you. Chair Suarez: Okay. You know if it changed the fees, I'd vote against it so. END OF FIRST READING ORDINANCE RESOLUTIONS RE.1 RESOLUTION 12-00957 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY, FOR THE PURPOSE OF GRANTING ACCESS TO CERTAIN CITY -OWNED PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY (FOLIO NO. 01-4217-000-0010) AND DINNER KEY ISLANDS, MIAMI, FLORIDA, TO PERFORM THE WORK SPECIFIED HEREIN, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. 12-00957 Summary Form.pdf 12-00957 Legislation.pdf 12-00957 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0345 Chair Suarez: RE.1 Henry Torre: Henry Torre, director of Public Facilities. RE.1 is a resolution granting access to Miami -Dade County to certain City -owned property, located at 3501 Rickenbacker Causeway and Dinner Key Islands, for the purposes of shoreline stabilization. Vice Chair Sarnoff So move. Chair Suarez: Moved by the Vice Chair. Commissioner Carollo: Second. City ofMiami Page 41 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 RE.2 12-00958 Office of Grants Administration Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Carollo. 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 A MODIFICATION TO THE CONTRACT BETWEEN THE CITY OF MIAMI AND THE SOUTH FLORIDA WORKFORCE INVESTMENT BOARD, IN SUBSTANTIALLY THE ATTACHED FORM, EXTENDING THE END TERM DATE FROM JUNE 30, 2012 TO DECEMBER 31, 2012, FOR THE RENOVATION OF THE CITY OF MIAMI ONE STOP CENTER AT THE LINDSEY HOPKINS EDUCATIONAL CENTER LOCATED AT 750 NORTHWEST20TH STREET, MIAMI, FLORIDA. 12-00958 Summary Form.pdf 12-00958 Exhibit A - Facility Budget.pdf 12-00958 ReimbursementAgrmt.pdf 12-00958 Mods. - Workforce Contracting Policy.pdf 12-00958 Pre-Legislation.pdf 12-00958 Letter - S. FL. Workforce Investment Bd.pdf 12-00958 Legislation.pdf 12-00958 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-12-0346 Chair Suarez: RE.2. Lillian Blondet: Good morning. Lillian Blondet, Office of Grant Administration. RE.2 is a resolution of the Miami -- Commissioner Spence -Jones: So moved. Chair Suarez: Moved by Commissioner Spence -Jones. Commissioner Gort: Second. Commissioner Carollo: Sec -- Chair Suarez: Second by Commissioner Gort. Any discussion? Commissioner Spence -Jones: One little thing. Chair Suarez: Go for it. Commissioner Spence -Jones: Thank you, Lillian. Lillian, I just want to commend you and your whole team. You guys have really been buckling down to get, you know, this center open. And City ofMiami Page 42 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 just so that we have a timeframe and those watching at home, what time -- what's our timeframe for our opening? Ms. Blondet: Hopefully, in the next couple of weeks, if not next week. Today they're doing the final fire inspection. Commissioner Spence -Jones: Very good. Ms. Blondet: Actually, they went yesterday. They found two (UNINTELLIGIBLE) lights in the fire alarms that were not working. They were replaced and they were supposed to go today. Commissioner Spence -Jones: Okay. Ms. Blondet: After they do that, we have to install the phone system. And hopefully after that, we get the TCO (Temporary Certificate of Occupancy) and we can start providing services. Commissioner Spence -Jones: So definitely by November we'll be open? Ms. Blondet: Oh, hopefully before then. Commissioner Spence -Jones: All right. And how many people are already hired? Ms. Blondet: We have about 20 people on staff. We were -- Commissioner Spence -Jones: Good. Ms. Blondet: -- able to hire a great center manager thatl think everybody here has met. Commissioner Spence -Jones: Yes. Ms. Blondet: He brings a lot of knowledge and, you know, it's working great with him. Commissioner Spence -Jones: Right. And all the City departments working well with you for all of the major development projects? They're now all -- Ms. Blondet: We are -- Commissioner Spence -Jones: I know I'm referring everybody to you. Ms. Blondet: Yeah, we are approaching and talking to some of them to see if we can assist the contractors or the City departments in hiring people that we need. And we've met with some of the film projects in the area and we also -- Commissioner Spence -Jones: Construction. Ms. Blondet: -- we were not open, but we had a big career fair for a big company. Although we were not open, we moved forward that activity. Chair Suarez: We -- May I? Commissioner Spence -Jones: One last -- Chair Suarez: Go ahead. Commissioner Spence -Jones: I just want to make sure that -- I know we -- in the beginning, City ofMiami Page 43 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 when we started all of this, we had a roundtable, andl think some of the Commissioners actually attended that, and it was a combination between South Florida Workforce -- we did it in the COW (Committee of the Whole) room -- the City Attorney's office. I would like to have a recap of that meeting to see where we are 'cause, remember, we asked for that committee to kind of -- a committee to work with you from oversight just to make sure as we open, we're all on target. Ms. Blondet: Okay. Commissioner Spence -Jones: So I would like to have that meeting, Mr. Manager and Lillian, as a recap to see where we are. Ms. Blondet: Okay. Commissioner Spence -Jones: All right, before we open, if that's possible, sunshine meeting on it. Chair Suarez: I think it's -- Commissioner Gort: Question. Which budget did we fit in? 'Cause I know we've been working with the -- for the last year and a half, we've been requesting to get involved with Workforce on our own. Which budget are we in? Ms. Blondet: Which -- I'm sorry? Commissioner Gort: Which budget? I know they have a fiscal year that ended -- Ms. Blondet: In July. Commissioner Gort: -- and we were not able to get the funding originally. Ms. Blondet: Yes. Commissioner Gort: So how are we funded now? Ms. Blondet: These -- this resolution -- let me start with this one -- is the same funding they gave us last year for the construction. They extended the contract so we can pay the contractor. They gave us new funding for this -- their project year that starts July 1, so we have to execute a new contract for that. Commissioner Gort: So we'll have funding from July 1 to -- Ms. Blondet: Until -- Commissioner Gort: -- June -- Ms. Blondet: June 30. Commissioner Gort: -- 30? Ms. Blondet: Their fiscal year -- program year is different than ours, yes. Commissioner Gort: Okay. And that will continue on? Ms. Blondet: Pardon me? Commissioner Gort: We continue to get funding for the rest --? City ofMiami Page 44 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Ms. Blondet: Hopefully, yes, you know. Commissioner Gort: Okay. Ms. Blondet: Yes. It's a three-year grant -- or a one-year grant with an option to renew for two years, so we're expecting that we are going to meet our -- all of our benchmarks and we can -- Commissioner Gort: So part of that Workforce that we're going to get together, that sunshine meeting we're going to have, please bring us the -- all the information about the formula they utilize to fund the different agencies. Ms. Blondet: Okay. Commissioner Gort: All right. 'Cause I remember at the City ofMiami at one time, we used to receive direct funding, way back. Okay, thank you. Chair Suarez: Thank you. I -- and l just -- andl don't know how much Commissioner Spence -Jones touched on this item in her comments, but there has to be an extremely close connection between the One Stop Shop and the CRA (Community Redevelopment Agency). Ms. Blondet: Yes. Chair Suarez: It has to be -- you know, they have -- because, look, we were at a CRA meeting -- I forget what day it was -- this week and we had a carpenter come up and talk about the frustration of not being able to find a job and so -- Commissioner Spence -Jones: Okay. Let me definitely make sure I put this on the record. The carpenter has a job. Chair Suarez: Okay. Commissioner Gort: Yeh. Commissioner Spence -Jones: He's working on a project in Overtown. Chair Suarez: So what's he talking about? Commissioner Spence -Jones: But -- so sometimes you just have to -- Priscilla, the one thingl have to learn -- and I'm -- hopefully, I'm doing better -- is to just humble yourself. So you notice I didn't really say anything. Chair Suarez: That's true. Commissioner Spence -Jones: Sometimes you just got to let people -- let them do what they got to do. Chair Suarez: Let them get it out. Let them get it out. I got you. Commissioner Gort: Friendly persuasion. Chair Suarez: But no -- Commissioner Spence -Jones: But he is working on an Overtown project. City ofMiami Page 45 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Commissioner Gort: Good. Chair Suarez: Andl think for me -- andl think you would agree with this, Commissioner -- it's not really about him, the individual. It's about what he represents, which is -- Commissioner Spence -Jones: Yes. Chair Suarez: -- a community that needs jobs. Andl think we're doling out -- right now, which we have cash on hand, $14 million for new projects, plus whatever we get in the bond. We're going to be doling out a lot of money in projects. So what we don't want to hear from the community is, we -- you guys built all these things and it's great because it's affordable housing and a lot of members of our community can live there, but the jobs that were created from the use of that money did not go to this community. And so I think it's on us to make sure that things like the One Stop Shop, you know, communicate with that community and with the CRA and make those jobs available to that community so that there's no one that feels that they've been left out. Ms. Blondet: Okay. Chair Suarez: That's all I got to say. Commissioner Gort: Also, an additional recommendation from the -- besides all the other ones I've given you, contact all City vendors because they do work throughout the City and they can employ people throughout the City because the need ofjobs is everywhere. So City vendors should be (UNINTELLIGIBLE). Chair Suarez: Thank you. Commissioner Spence -Jones: And let me just say -- 'cause I think it's important when we put stuff out, that we have to be very clear about what we're putting out. In -- definitely, Lillian's office has been working hand in hand. Willy Porro -- I don't know where he is at this point, but have always been supportive to any projects that's happening -- and not just in Overtown, but any projects happening on the outside. The biomedical facility, which is in the Overtown CRA, Willy was able to get people placed from Overtown to actually work on those projects. The park that was built in the middle of Overtown, Gibson Park, he was able, through Emanuel, to get people placed. The reality is there's -- the disconnect becomes making sure people are trained -- Chair Suarez: That's another problem, yeah. Commissioner Spence -Jones: -- for certain jobs. Chair Suarez: True. Commissioner Spence -Jones: And what we've been doing in the Overtown CRA is making sure that people are being trained to transition into jobs because the problem -- Chair Suarez: Very true. Commissioner Spence -Jones: -- is, you may have the job available, but then you don't have the people that have the skilled labor to make it happen. So we have to do things on, you know, one accord and they have to go hand in hand as we march forward. So I just wanted to make sure you were clear. But that's the reason why in our area, we put together a lot of training programs because that's the only way a lot of our young people or their parents are really going to even learn a skill. So I think the way that we put it in place in the heart of Overtown is making sure that we do both so that beyond an Overtown job, they can find work in other places and that's what it's all about, is making sure that they're prepared and ready to go and to take care of their City ofMiami Page 46 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 families. So I just wanted the Chairman to know, you know -- Chair Suarez: I'm with you guys. Commissioner Spence -Jones: -- between all of our institutes -- Chair Suarez: I'm with you guys. Commissioner Spence -Jones: -- we probably employ -- Commissioner Gort: Lots -- Chair Suarez: And let me tell you, I have to commend -- Commissioner Spence -Jones: -- more than 200 people -- Chair Suarez: Yeah. Commissioner Spence -Jones: -- you know, constantly in Overtown. Chair Suarez: Andl have to commend Commissioner Spence -Jones in particular because when I arrived, I believe the only institute that I recall that was really running was the hospitality, for training purposes. Commissioner Gort: Right. Chair Suarez: It was really only the Hospitality Institute. Now I think we have three or four or five job -training programs. And what think is neat is that we're training people for jobs in industries that we know need jobs, number one; and industries that will need jobs -- Commissioner Gort: Right. Chair Suarez: -- number two; and industries that we're trying to attract to the City ofMiami, number three. Andl also have to commend the Vice Chair on that because he's been a very big proponent of trying to get one of those major industries, which is the film and entertainment industry -- we have some members of the audience here from that industry -- to come to the City ofMiami and make the city a film friendly environment. So thank you. Commissioner Gort: One of the complaints we get from individuals is, Oh, we don't have the qualified people to -- Commissioner Spence -Jones: Yep. Commissioner Gort: -- perform the jobs. We -- that cannot be the excuse from now on. Thank you, Lillian. Chair Suarez: So it's been moved and seconded. All in favor, signift by saying "aye." The Commission (Collectively): Aye. Chair Suarez: Sorry? Priscilla A. Thompson (City Clerk): You had already voted. Chair Suarez: Oh, we did? Ooh. City ofMiami Page 47 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 RE.3 12-00723 Department of Information Technology Ms. Thompson: Yes. Chair Suarez: Sorry, my apologies. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE PROCUREMENT OF WIDE AREA NETWORK (WAN) SERVICES, FROM AT&T, UNDER EXISTING CITY OF MIAMI BEACH, REQUEST FOR PROPOSALS NO. 11-10/11; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH AT & T, WITH THE TERMS AS LISTED UNDER EACH RESPECTIVE AGREEMENT; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 12-00723 Summary Form.pdf 12-00723 Award Recommendation Form.pdf 12-00723 Private Line Srvc. Tariff.pdf 12-00723 Letter to Commission - Miami Beach.pdf 12-00723AT&T's Response.pdf 12-00723 Legislation.pdf 12-00723 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-12-0347 Chair Suarez: RE.3. We're going to miss you. We really are going to miss you. And just the way you say it, too. I mean, it's -- Commissioner Gort: Very softly. Chair Suarez: Exactly, exactly. You never put anybody on front street. That's good. Commissioner Spence -Jones: So moved. Chair Suarez: RE.3 has been moved. Is there a second? Commissioner Carollo: Second. Chair Suarez: Second. You want to say something? Commissioner Spence -Jones: You want to put something on the record? Commissioner Gort: Question. Commissioner Carollo: Yeah. City ofMiami Page 48 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chair Suarez: Yeah, sure. Commissioner Spence -Jones: Just put something on the record. Chair Suarez: Go ahead. Commissioner Gort: Yeah. Chair Suarez: For the public. Cynthia Torres: Hi. I'm Cynthia Torres, interim IT (Information Technology) director. RE.3 is a resolution for the City ofMiami Commission, with attachments, authorizing procurement of wide area network services from AT&T (American Telephone & Telegraph) under existing City of Miami Beach request for proposal 11-10/11; further authorizing the City Manager to execute agreements, in substantially the attached forms, with AT&T for the terms listed under each respective agreement. Chair Suarez: Thank you. Commissioner Gort: Question. Chair Suarez: Yes, question. Commissioner Gort: Who was the previous provider? Ms. Torres: AT&T. Commissioner Gort: And now we going to continue with AT&T and we going to get a discount? Ms. Torres: Correct. Commissioner Spence -Jones: Because it's more than one, right? Ms. Torres: With reduced rates. Chair Suarez: Can you put that on the record, 'cause I think that's -- Commissioner Gort: Yeah. Chair Suarez: -- important that you -- the savings that -- Ms. Torres: Yes, absolutely. The City ofMiami Beach put out a RFP (Request for Proposals) sometime ago, which the City ofMiami participated in as one of the selection committee members. There were five respondents, and the lowest price was AT&T As our current agreement was nearing an end, it was very obvious that by taking advantage of this agreement, we'd reduce our operating expenses by 217,000 per year -- Chair Suarez: That's important. Ms. Torres: -- with the same service. Chair Suarez: That's what I wanted to put. Commissioner Gort: In other words, we had a contract from before -- because I want people to understand this. We had a contract before from AT&T for "X" amount of year -- City ofMiami Page 49 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Ms. Torres: Yes. Commissioner Gort: -- which had a specific price and it was going to come due. Rather than do our own RFP, you were a part of the Miami Beach RFP where five people answer and this was the lowest cost, and we were able to save. Ms. Torres: Absolutely. Commissioner Gort: Thank you. Chair Suarez: Thank you. It's been moved and seconded. All in favor, signifi, by saying "aye.' The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. RE.4 RESOLUTION 12-00959 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 289267, THAT THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY D.B.AJACKSON HEALTH SYSTEM, IS THE HIGHEST -RANKED FIRM, IN THE BEST INTEREST, AND MOST ADVANTAGEOUS TO THE CITY OF MIAMI TO PROVIDE MEDICAL DIRECTION SERVICES FOR EMERGENCY MEDICAL SERVICES, FOR THE DEPARTMENT OF FIRE -RESCUE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, FORA PERIOD OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS, AND TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, AFTER CONSULTATION WITH THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER, SHOULD NEGOTIATIONS FAIL WITH THE HIGHEST -RANKED FIRM, TO NEGOTIATE AND EXECUTE A PSA WITH THE SECOND -HIGHEST RANKED FIRM, INPHYNET SOUTH BROWARD D/B/A TEAM HEALTH SOUTHEAST, AFTER CONSULTATION WITH THE CITY ATTORNEY, FORA PERIOD OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS, AND TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, AFTER CONSULTATION WITH THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER, SHOULD NEGOTIATIONS FAIL WITH THE SECOND -HIGHEST RANKED FIRM, TO REJECT ALL PROPOSALS AND REISSUE AN RFP SOLICITATION. City ofMiami Page 50 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 12-00959 Summary Form.pdf 12-00959 Memo - Recommendation of Eval.pdf 12-00959 Medical Direction Srvcs. For EMS.pdf 12-00959 Memo - Selection Eval. Committee.pdf 12-00959 Legislation.pdf 12-00959 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-12-0348 Chair Suarez: RE.4. Reginald Duren (Fire -Rescue): Reggie Duren, Deputy Fire Chief. RE.4 is a resolution accepting the recommendation of the City Manager approving the findings of the evaluation committee that the Public Health Trust ofMiami-Dade County, Jackson Health System, is the highest -ranked firm to provide medical direction services for Department of Fire -Rescue; authorizing the City Manager to negotiate and execute a professional services agreement for a period of three years, with the option for two additional two-year periods. Chair Suarez: Is there a motion? Commissioner Gort: Move it. Commissioner Carollo: Move it. Chair Suarez: Moved and seconded. All in favor, signift by saying "aye. " The Commission (Collectively): Aye. Chair Suarez: RE.5. Commissioner Spence -Jones: Mr. Chairman, I do just have one question. Chair Suarez: Yeah, of course. Commissioner Spence -Jones: Can I ask a question on this item? Chair Suarez: Absolutely. Commissioner Spence -Jones: Andl don't know -- Chair Suarez: Chief. Commissioner Spence -Jones: -- I know my office did get some responses on this, but I just want to be clear. I know that -- Priscilla A. Thompson (City Clerk): I am so sorry. Commissioner Spence -Jones: You can't hear me? Ms. Thompson: Thank you. City ofMiami Page 51 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Commissioner Spence -Jones: I'm sorry. Ms. Thompson: Can you check the other mike? Is it on? Commissioner Spence -Jones: No. You need both? Ms. Thompson: Yes, please. Commissioner Spence -Jones: Okay. Ms. Thompson: Thank you. Chair Suarez: I only have one on. Commissioner Spence -Jones: I just want to be clear on -- and this was my questions during our briefings, and it kind of just got past me 'cause I was talking to chief of staff. I would -- one, I was concerned about understanding where the salaries and who was going to be directing the program. So I understand that Jackson Health System is actually getting it. They actually won the bid, correct? Deputy Chief Duren: Yes, ma'am. Commissioner Spence -Jones: Okay. And then my question was -- just so that I know, was there a bid protest -- any bid protest on any of this? So nobody protested it? Okay, that was my question. All right, thanks. Deputy Chief Duren: Thank you. Chair Suarez: Yes. We're good on that one? Commissioner Spence -Jones: I had to ask a question. Chair Suarez: Of course you can. No, we were talking about something else. RE.5 RESOLUTION 12-01001 A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING, PURSUANT TO SECTION 62-619(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THE ONE TEMPORARY BANNER PER YEAR LIMITATION TO ALLOW PUBLIC SERVICE ANNOUNCEMENTS AT THE PROPERTY LOCATED AT 1 HERALD PLAZA, MIAMI, FLORIDA, BEGINNING OCTOBER 1, 2012 AND ENDING MAY 31, 2013. 12-01001 Summary Form.pdf 12-01001 Legislation.pdf SPONSORS: VICE-CHAIRMAN MARC SARNOFF DEPARTMENT OF PLANNING & ZONING Motion by Commissioner Spence -Jones, seconded by Vice Chair Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0363 City ofMiami Page 52 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chair Suarez: RE.5. Actually, you know what, the district Commissioner is not here on RE.5 or RE.6. Let's wait 'til he comes back. [Later...] Chair Suarez: R -- I guess we can go back now to the district items. RE.5. My apologies for the skipping around. Barnaby Min: Barnaby Min, Zoning administrator. RE.5 is a resolution waiving the timeframes to allow temporary banners to be erected at the Miami Herald building for public service announcements until May 2013. Chair Suarez: Thank you. Is there a motion on this? Vice Chair Sarnoff So moved. Chair Suarez: Moved by the -- Commissioner Spence -Jones: Second -- Chair Suarez: -- Vice Chair. Is there -- Commissioner Spence -Jones: -- for discussion. Chair Suarez: -- a second? Discussion by Commissioner Spence -Jones. Commissioner Spence -Jones: I'm going to -- Commissioner Carollo -- Chair Suarez: You're going to yield. Commissioner Spence -Jones: -- looks like he really wants to jump in. Chair Suarez: You're going to yield, okay. Commissioner Spence -Jones: No. I'm going to yield to you. Go ahead. Chair Suarez: Go ahead, Commissioner. Commissioner Carollo: I -- my question is, can we get a definition on public service announcements? And l just want to verify what it is because I just want to make sure that public service announcements doesn't mean a banner on some type of beer and then under it, it stipulates something to the fact, you know, Don't drink and drive, and that makes it a public service announcement. Chair Suarez: Right. Commissioner Carollo: So can I get some type of definition on public service announcement? Mr. Min: There's no clear definition anywhere in the ordinance or anywhere. Commissioner Carollo: Well, that's why I'm asking. Mr. Min: What I will tell you is that it is meant to be a message that benefits the public in some way. It is not meant to be a commercial message. This particular section of Chapter 62 only City ofMiami Page 53 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 covers temporary banners. It does not cover murals, which deals with commercial messages. So to the extent it's an advertisement for either beer or Cadillac or an iPod or anything like that, that is not authorized. It is solely a public service announcement or an event that occurs within 100 feet of the particular location where the banner is erected. Chair Suarez: Yeah. What is --? Well, can you give us an example of what a public service announcement would be? Mr. Min: The example, as specified in the resolution, is, for instance, something that deals with bike safety or pedestrian safety. There -- I've seen drafts of the potential public service announcement which would indicate that there -- the three feet law. You have to be three feet away from any pedestrian or bicyclist and it's -- Chair Suarez: The three-foot law. Mr. Min: Correct. So it's basically a picture of a bicyclist with the three-foot dimension indicating to people when you're coming up to a bicyclist, make sure you give them enough rough. Commissioner Gort: If this is passed, what's the process? Mr. Min: If it passes, then it would authorize the Miami Herald to submit applications to the City ofMiami for us to consider; that the criteria established in Chapter 62 of the City Code are complied with; that they are public service announcements and not commercial messages. Commissioner Gort: So it has to be approved by the City before they can go up? Mr. Min: Correct. Commissioner Gort: Okay. Commissioner Spence -Jones: I just have a question. Chair Suarez: Go ahead. Commissioner Spence -Jones: You have more, Commissioner Carollo? Chair Suarez: Yeah, yeah, please. Commissioner Spence -Jones: 'Cause you -- Commissioner Carollo: No. I just want -- Commissioner Spence -Jones: -- look like you bubbling over there. I don't want to thwart it in any way. Commissioner Carollo: -- verifi, and confirm what, you know, Mr. Min just said. So any public service announcement will have to come to the City first for approval to make sure that they are public service announcements? Mr. Min: Correct. And it goes through various reviews with Fire, for instance, to make sure that it doesn't cover any fire exits, to make sure the material is okay. It goes through, you know, Police to ensure that it's -- obviously, it doesn't distract motorists. There's various departments that are involved in the review process. City ofMiami Page 54 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Johnny Martinez (City Manager): Barnaby -- Commissioner Carollo: Thank you. And -- Mr. Martinez: -- by coming back to the City, does it come back to the Commission or just to the Administration? Mr. Min: The Administration. Commissioner Spence -Jones: The Administration. Commissioner Carollo: The Administration. Mr. Min: The application is submitted to the Office of NET (Neighborhood Enhancement Team), which then processes it through the various departments. Commissioner Carollo: And excuse my skepticism, but I remember not too long ago with billboards -- andl know that's separate from banners -- but billboards -- neighborhoods is what -- the definition of neighborhoods wasn't what the definition that we all think of neighborhoods, so that's why I'm asking. And the last thingl want is to approve something that -- like I said, there's some type of beer ad or something, then in, you know, small print, it says, Don't drink and drive. So I -- Mr. Min: And to the extent that that's a concern, obviously, the proposed resolution could be modified on the floor. If you want to add certain conditions about what kind of language can or cannot be approved, I'm happy to -- Commissioner Carollo: The -- Mr. Min: -- follow that resolution. Commissioner Carollo: -- only thing is that, again, I want to know as far as definition, 'cause as you very well stated, there is no definition in the ordinance. And you know, I read it quite closely. However, one of my colleagues has always advised me, Don't negotiate in the dais and so forth. So I'm not ready to give any type of you know -- Mr. Min: Okay. Commissioner Carollo: -- amendment. But I feel a little bit more comfortable if -- you know, that it is coming to the City for, you know, approval, making sure that it is a public service announcement. Mr. Min: It does. And just to try and satisfy or address some of your concerns, Chapter 62 of the City Code, which is what this permit would fall under, has specific language that the banner has to be primarily pictorial. So it has to be mostly pictures, not words. So to the extent that it's advertising anything, it's really meant to be some kind of a public service announcement that is mostly pictorial so it doesn't distract drivers that are reading the banner instead of driving and looking at the car in front of them. Commissioner Carollo: Right. But Mr. Min, what I'm trying to avoid, that the picture is a big beer bottle and then under it, it has a little statement saying, Don't drink and drive. Mr. Min: I understand. Commissioner Spence -Jones: Yeah. You finished? City ofMiami Page 55 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chair Suarez: Yeah, go ahead. Commissioner Spence -Jones: Okay. So Barnaby -- Mr. Min: Yes, ma'am. Commissioner Spence -Jones: -- first of all, let me say, you know, the Logans, I know that they're very much involved in what happens on the Herald building and they're a wonderful family. They do great things for this community. So I want to be clear that this has nothing to do with a particular group or company that does the work, okay. And they've been great partners just in general to the City. But I just want you -- so that my fellow Commissioners can understand what my concern was in my briefing with you, can you express on the record what my concern was about this item? Mr. Min: It -- Commissioner Spence -Jones: Outside of the fact that I feel like, you know, we need money. The City needs money because we have several outstanding debts that we have to address. So any time that we can create revenue, I'm trying to figure out how we drill down to that. But do you -- can you at least communicate what my concern was? Mr. Min: I will certainly try my best. And ifI misstate it, I apologize. But believe Commissioner Spence -Jones's main -- one of her main concerns was that she was concerned that potentially the Herald building would be making a profit off of these types of public service announcements and the most that the City ofMiami would charge for these permit fees is $800. What I've explained during briefings is that these are not murals. They're not commercial messages, which is why the permitting fees for temporary banners are substantially less than the mural permit fees, which are, I think, in the range of $10, 000 or so. The reason they're substantially less, again, is not -- is because they're not commercial messages. And I've received information from both the Herald as well as the entity that would be erecting the banners that the Herald building also would not be making a profit off of these. The fees that they would be charging to the people that would be erecting the banners would be very low, solely to cover the cost of erection of the banner, not for -- to make any kind of a profit, which, again, is completely different from the murals, where they do make a substantial amount of money to display advertising space for commercial messages. Commissioner Spence -Jones: Okay. That's part one, which is -- I think everybody understands it and clear. Part two, though, Barnaby, was the going out to sell the -- utilizing the -- Mr. Min: Sponsorships, correct. Another concern, which is obviously very valid, is that there are not -for -profits that may have -- or support public service announcements. Andl guess not -for -profits would look for sponsors. For instance, if there's `Don't Drink and Drive" and they get a sponsorship from Bacardi to support something and then Barcardi would then put a label or emblem on the temporary banner. So the concern is it can arguably turn into a commercial message because it's arguably advertising Bacardi. Again, to the extent that that's a concern, during the review process -- or if you want to include it as a part of the resolution, during the review process -- Commissioner Spence -Jones: Let -- Mr. Min: -- we can ensure that there are no commercial messages. Commissioner Spence -Jones: Okay, let me just give you an example of what I'm saying. City ofMiami Page 56 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chair Suarez: I know -- yeah. Commissioner Spence -Jones: Nonprofit organizations go out and they have packages that they sell for their events. Commissioner Carollo: I understand. Commissioner Spence -Jones: Okay, part of their event -- I'm going to give you $100, 000 to sponsor the "Don't Drink and Drive" -- Commissioner Carollo: Right. Commissioner Spence -Jones: -- event or whatever. Well, the nonprofit gets the $100, 000, and part of the collateral that they offer could include t-shirts, could include whatever other items, but they've also included, you know, a big mural on the side ofMiami Herald, which gives them a lot of exposure that, quite frankly, we never see the dollars off of that because it's going to the nonprofit and they're now using that as an item for them to raise more money. Now is that a bad thing? I just kind of feel like if that is the case -- and I know that's what's going to happen because -- you know, in doing events, that's what you do. You say, Hey, if you give this amount of money, here are all the things I'm going to offer you. And the biggest thing in that package, quite frankly, will be the mural on the side ofMiami Herald, you know. So I just -- my concern was -- andl wanted to table the item 'cause I had not gotten back with Barnaby. I just want to -- I would like to make sure that there's some language in there to say that they're not using this as one of their tools to, you know, get additional dollars and we don't get anything off of it. I mean, if it's just to cover flat costs, I don't have an issue with it. But if you're going to make an extra 40 grand off of -- I just think that we need to start looking at every avenue to create revenue. Andl didn't get a real good response from the Administration on how we could address that, and that was the only reason why I wanted to kind of table it so that at least we can include that language that this cannot now become one of the collateral items that you pitch, you know, in order for you to get additional monies. That is my concern. Andl know that that's what's going to happen. Chair Suarez: Let me make a suggestion. And I know we've -- I think -- Commissioner Gort: You can amend it. Chair Suarez: -- we've deferred this at least once or twice, if I'm not mistaken. But they have the right to put one temporary banner per year, correct? Mr. Min: That is correct. Chair Suarez: So if we deferred it until the first meeting of October to work on the language -- Commissioner Spence -Jones: Yeah, yeah. No, no. I don't think -- Chair Suarez: -- it would still -- Commissioner Spence -Jones: -- I think we could get past this today. Chair Suarez: Okay. Commissioner Spence -Jones: We could pass -- I'm just saying if we could table this afternoon so we can get from Legal -- Chair Suarez: Perfect. City ofMiami Page 57 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Commissioner Spence -Jones: -- like what -- you know, just -- it's probably just one line -- Chair Suarez: That's fine. Commissioner Spence -Jones: -- that needs to be added. I don't want to hold off on this anymore and I'm supporting it. Chair Suarez: Is that okay? Commissioner Spence -Jones: I just want to include that in there so this doesn't become an additional way of creating revenue and then -- Commissioner Gort: (UNINTET,TIGIBT,F). Commissioner Spence -Jones: -- we don't see any profit from it. That's it. Mr. Min: If you want to table it to this afternoon -- Commissioner Spence -Jones: Just table it to this afternoon. Mr. Min: -- I can draft something in the afternoon. Commissioner Spence -Jones: And Madam City Attorney, if we can just find that one line that goes in it, I'm cool. Mr. Min: I can certainly -- Chair Suarez: Okay. Mr. Min: -- draft something during lunch. Chair Suarez: Perfect. Commissioner Spence -Jones: Okay. [Later..] Chair Suarez: Okay. Commissioner Spence -Jones, I think wanted to do -- let's just do it when we come back. Let's take a recess until -- Commissioner Gort: Let's do the Miami Herald. They've been sitting here -- Chair Suarez: You want -- I know. Commissioner Gort: She was okay with it. Chair Suarez: Yeah, let's do the Miami Herald. RE.5. Here's the thing, you know. We can't -- here's where I get frustrated now. You know, we can't -- we cannot run this meeting on the basis of a Commissioner's here, not here, whatever. We just can't do that. It would be chaotic. You know what I mean. I -- until such time as the Mayor decides otherwise, I'm the Chairman of this Commission. I was very clear; we were going to start the meeting at 2. Okay, we started it at 2 on the nose. I came into the Commission. I started it at 2. Andl said, listen, because Commissioners are reviewing the budget, we're going to wait another half -- give them an City ofMiami Page 58 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 additional half an hour so I paused until 2: 30. At 2: 30 the Commission meeting started again. We have a quorum. We do business. Okay. So -- and that's the part where I get frustrated too, because now somebody comes back and gets mad at me because, oh, why did we take up RE.5 when I wanted to, you know -- I had the problem -- I just -- you know, it -- it's frustrating for me. You know, I'm trying to run an orderly meeting. I'm trying to get things done. I'm trying to move on so we can go home. You know, it's just frustrating. I'm sorry, Madam Clerk, that -- I read -- I did read it a couple of times and, you know, it did create peace in me for a few hours. Commissioner Carollo: Mr. Chairman. Chair Suarez: Sure. Commissioner Carollo: I just request, you know, some additional patience and leniency. I think, you know, there are a lot of items. I don't know whose idea it was to have all the meetings on the same day. In the past there's been separate budget meetings and separate Commission meetings, but the bottom line is I respectfully request that, you know, you show some -- Chair Suarez: Okay, now we have a full body. Do you want to do the Miami Herald? Commissioner Carollo: -- patience. All you have to do is -- Commissioner Spence -Jones: Yeah. I just said -- Commissioner Carollo: -- just go see the Commissioner. Commissioner Spence -Jones: -- I said before I left the dais -- let's be clear -- I support the adjustments that was made. Chair Suarez: Perfect. Commissioner Spence -Jones: I said it on the record before I got off the dais. Chair Suarez: I know, but I just wanted to make sure nobody came back later on and was upset. Commissioner Spence -Jones: O000h. Chair Suarez: RE.5. Commissioner Spence -Jones: So moved -- Chair Suarez: Moved by Commissioner Spence -Jones. Is there a second? Commissioner Spence -Jones: -- with the amendments. Chair Suarez: As amended. Is there a second? Commissioner Gort: Second. Vice Chair Sarnofff. Second. Chair Suarez: Second by Commissioner -- Commissioner Gort: Sarnoff. Chair Suarez: -- Sarnoff. All in favor -- City ofMiami Page 59 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Vice Chair Sarnofff. Guy in the end to the right. Chair Suarez: -- signify it by saying aye." The Commission (Collectively): Aye. Chair Suarez: Thank you. Mr. Min: Mr. Chair -- Chair Suarez: Thank you. Mr. Min: -- or Madam Clerk, do you need the amendments read into the record? Priscilla A. Thompson (City Clerk): No. We -- you did forward them to me. I guess you should or make note of them. Commissioner Spence -Jones: You want it to be clar -- you wanted to -- Ms. Thompson: Yes. Chair Suarez: But let -- Commissioner Spence -Jones: -- make sure -- Chair Suarez: -- let's -- Ms. Thompson: Just let the -- I'm sorry. Chair Suarez: Go ahead. Ms. Thompson: I guess he could make the statement that the amendments as been proffered and handed to -- 'cause I have my copy here -- the City Clerk and that's what the Commission is voting on, correct? Mr. Min: Yes, ma'am. Ms. Thompson: Thank you. Mr. Min: Thank you. Chair Suarez: Thank you. Commissioner Spence -Jones: Thank you. Chair Suarez: We're going to be in recess until 5:15. We'll give you an extra 15 minutes. RE.6 RESOLUTION 12-01002 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER 7 TO THE USE AGREEMENT WITH TVM PRODUCTIONS, INC. ("TVM"), IN SUBSTANTIALLY THE ATTACHED FORM, ALLOWING TVM TO CONTINUE FILMING THE TELEVISION SHOW "BURN City ofMiami Page 60 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 NOTICE" AT THE COCONUT GROVE EXPOSITION CENTER THROUGH OCTOBER 31, 2013, FOR AN ANNUAL RENT OF $450,000 AND OTHER TERMS AS STATED THEREIN. 12-01002 Summary Form.pdf 12-01002 Letter - Burn Notice.pdf 12-01002 Certificate of Liability Insurance.pdf 12-01002 Legislation.pdf 12-01002 Exhibit 1.pdf 12-01002 Submittal-Reso of the Cocoanut Grove Village Council.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0350 Chair Suarez: RE. 6. Commissioner Spence -Jones: Burn Notice. Henry Torre: Henry Torre, director of Public Facilities. RE.6 is a resolution of the Miami City Commission authorizing the City Manager to execute amendment number seven to the use agreement with TVM Productions, allowing TVM to continue filming the television show Burn Notice at the Coconut Grove Exposition Center through October 31, 2013. Chair Suarez: Thank you. Is there a motion? Commissioner Gort: Move. Commissioner Spence -Jones: Is there a motion? Vice Chair Sarnofff. So move. Commissioner Carollo: Second for discussion. Chair Suarez: Motion and a second. Commissioner Carollo. Commissioner Carollo: Thank you. The only thingl want to discuss in this item -- and it's -- the last time it came before us, I, I guess, negotiated with Commissioner Sarnoff with regarding to monies that should come to the general fund, and it goes by what you were stating, Commissioner Spence -Jones, that we need to look at all revenues. So it was $240, 000 that was not coming to the general fund. It was for, you know, special projects in the Grove. Andl stated that, you know, we were under a financial urgency andl think that all revenues that could be allowed to come in the general fund should. So since it was in Commissioner Sarnoffs district and the monies was going to go into his district, Commissioner Sarnoff said, Listen, you bring up a good point and what I would ask is that half go to the general fund and the other half go for some type of project. I know it was shoreline here in the Grove. Vice Chair Sarnofff. It's actually to take down the convention center and to put a park there. Commissioner Spence -Jones: I thought this was -- I thought the monies gained -- maybe I'm confused in my briefing. I thought the money that was coming from this -- the reason why we decided to support it is that it was going to go to putting the new park there. Are we not doing that now? City ofMiami Page 61 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Vice Chair Sarnoff Correct. I kept the same one -- I apologize. I kept the same $120, 000 as -- I increased the fee to 450, 000. I maintained the same 120,000 to go to the -- Commissioner Spence -Jones: To the general fund. Vice Chair Sarnoff -- general fund, and the rest of it would go towards the park. Commissioner Spence -Jones: Because I thought the -- I'm sorry -- Chair Suarez: And demolish -- Commissioner Carollo: Mr. Chair -- Commissioner Spence -Jones: -- issue was they -- Commissioner Gort: To demolish the building. Commissioner Carollo: Mr. Chairman, can I --? Chair Suarez: Wait, wait, wait, wait. Let's get some order here. Commissioner -- Commissioner Carollo: Can continue to have the floor? Chair Suarez: -- you had the floor. Yes. Commissioner Carollo: 'Cause I was going to get into those details, so thank you. So what occurred last year was that Commissioner Sarnoff actually said, Hey, listen, instead of the 240, you know, let's have 120,000 go to the general fund and then the other would go actually to either the park or however. I think it was shoreline -- something about the shoreline. But regardless -- so 120 will come to the general fund. As I am reading the legislation, I see -- and what I'm trying to prevent is a double standard because the $10, 000 is going specifically for police equipment, which I don't have a problem with, you know, if it's coming to the general fund for police equipment. But I just want to make sure that in the future, whenever there's something in our district or something that we are responsible for and we're bringing money to the general fund, that then we can actually, the Commission or the Commissioner, suggest and put in the legislation, Hey, maybe this should go to this part of the general fund 'cause that's what we're doing. This is not strictly going to the general fund. It's going specifically to address police equipment issues, which I don't have a problem with. But at the same time, why not fire equipment issue? Why not, you know, other issues? So my -- I just want to clarify and make sure that in the future, should we have something like this in our districts or something that we're responsible, that, you know, each Commissioner can also identin, areas in the general fund that we would like that money to be -- I don't know if encumbered is the right word, but steered to. And if Danny could come up and make sure -- Is this going to the general fund or is this going to go to the general -- I'm sorry, the special revenue fund for police equipment? Daniel J. Alfonso: Danny Alfonso, director ofManagement and Budget, City ofMiami. My understanding is it's going to the special revenue fund right now. Commissioner Carollo: So it's not going to the general fund? Mr. Alfonso: No. It will be for the use of -- that were designated, including police equipment and whatnot, but it's not loose in the general fund Commissioner Carollo: Right, where last year it was for the general fund for us to be able to use City ofMiami Page 62 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 for whatever needs the City felt it needed. And again, this is nothing on police 'cause I think, you know, police equipment, obviously, is extremely important, being a former officer myself and having to use a lot of this equipment. But I just want to verin, exactly what we're doing before, you know, we take a vote and make sure that we don't have, you know, a double standard so in the future, if we bring in monies to the general fund, that we could also stipulate where it's going. But at the same time, you know, I asked the additional question 'cause it doesn't appear like we could just bring money for the general fund and restrict it to a certain degree. I would imagine this was the special revenue fund, which you have, you know, agreed that it is so -- Chair Suarez: Look, from my -- Let me jump in -- perspective, there's a lot of different ways that I can go on this issue. I'm going to try to keep it to one and let all the other Commissioners express their issues. I think we have -- just from historical perspective -- given deference to the district Commissioners to negotiate things that are impactful in their district. I recall in your district, Commissioner, I think we let you take the lead on negotiating some -- a lot of issues related to the Marlins stadium. And, you know, the way I look at it is, part of that negotiations may include recommendations as to where the funding comes from, but ultimately, like everything else, this is a body. We all have to deliberate. We all have to make decisions regarding where those fundings -- funding sources ultimately are allocated. I don't think we should make a hard-and-fast rule. I think in this particular case, I have absolutely no problem with that money going into the capital account for that purpose, just like I tried on other instances to try to get monies to capital accounts for certain other purposes. So, you know, that's the way I would analyze it on more of an individual basis. But I think we, as a Commission, have allowed -- been very liberal in allowing district Commissioners to kind of take the lead on things that are really going to impact their district because we are elected by district. So we've been very liberal in that. I mean, I don't know if that's a good or a bad thing. Sometimes I feel like it's a good thing; sometimes I feel like it's not such a good thing. But the fact of the matter is that we have done that. I think the Commissioner has done an excellent job negotiating on behalf of the City. He has a suggestion as to where the money should go. I support that suggestion because I think it's a very needed -- you know, it's a very needed item, and that's my comments. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: And by the way, by all means, Commissioner Sarnoff negotiated a very -- you know, at least substantially more money than last year, so I, you know, commend you for that. And you're seeing that I'm not actually trying to, you know -- it's a different conversation than last year. Vice Chair Sarnoff. Yeah, I agree. Commissioner Carollo: You understand what I'm saying? Vice Chair Sarnoff. I do. Commissioner Carollo: Now, when we're putting, you know, $120, 000 to a special revenue fund for police services -- and it's actually not for police services; police equipment -- it was my understanding at the end of the negotiations that as far as police equipment, we were where we needed to be; however, fire equipment, we were not. No? Is that not the case? Then why not bringing this money into the general fund and allocate it to the police budget? Commissioner Gort: No, but we got the million dollar from Bayfront Park where we can use for the firefighters. Commissioner Carollo: We actually have not. City ofMiami Page 63 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Commissioner Gort: Oh, we're not? Commissioner Carollo: No. We actually have not. Chair Suarez: No. We have to -- it's something that'll be discussed later on -- Commissioner Gort: Oh, okay. Chair Suarez: -- in the budget process. Commissioner, do you have anything to add on this, this item? Commissioner Spence -Jones: First of all, I'm just glad it's resolved. I'm glad -- Chair Suarez: What's that? Commissioner Spence -Jones: -- that Burn Notice -- Chair Suarez: Yeah, no. Thank you. Commissioner Carollo: Yeah, yeah. Chair Suarez: Let's not lose sight of the positive aspects of it. The Clerk is not here, but let's not lose -- Commissioner Spence -Jones: This is one of the issues I -- Chair Suarez: -- sight of the positive. Commissioner Spence -Jones: -- this is one of the beehives that I stepped into and said, What happened? Chair Suarez: Right. Commissioner Spence -Jones: I'm just glad that the two parties could sit down and come up with an agreement that is beneficial to the City -- Commissioner Carollo: Absolutely. Commissioner Spence -Jones: -- and that will keep the jobs here in the City ofMiami. To me, that is to be commended on both parties' behalf. Commissioner Gort: Yes. Commissioner Spence -Jones: We value, we support and love the show being here. The only thing thatl would like to add -- of course, this is something thatl know the district Commissioner wants to see happen. He's finally going to be able to get his park after this. I'm hoping that the Administration is working now to figure out if there is -- what is this, the fourth season or fifth season? -- another season after this or another show after this, that we're working on the bigger game plan. I just don't want us to get to nine months into the production, there's a strong possibility the show will continue, and then we're trying to figure out where they go. And personally, I don't want to see them leave the City ofMiami, so I'm hoping between the existing studios that are already here, the ones that we can support, we can start working now to make sure that that's not an issue. So I just want to put that on the Administration's time clock so that we don't find ourself in this situation once again. The second thing thatl would like to just add, City ofMiami Page 64 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Commissioner Sarnoff, is that we are pushing forward on supporting the film industry in a big way, you know, really making sure that, you know, we attract movies and television shows to this area. But we got to get our people ready to do the work because a lot of the individuals, yes, they are from here, but a lot are being imported from other places as well, and it's not their fault. It's our fault because we haven't trained people up to do the work, you know. So whatl would like to see happen with all the training programs that we 're getting ready to start with the young people, we would like to make sure -- if you don't mind, Commissioner Sarnoff and Burn Notice, that we try to figure out a way to create some sort of internship -type programs for the individual that are going to be trained over the next 90 to 120 days from all of our districts 'cause some are coming from Little Havana, some are coming from Allapattah, that these young people have the opportunity to at least transition into actually working on sets. 'Cause at the end of the day, it's about jobs and making sure that they have a place to work and take care of their families. So I would like to at least, Commissioner Sarnoff, put that on the record with the Administration that we put in place a partnership for the intern -- student internships so that they'll have the opportunity to actually work on a show like this. So I'm hoping Burn Notice supports the local community on that level and that we can begin to work in that direction. Chair Suarez: Thank you. And by the way, before I toss the ball over to the extreme right, to the small forward over there, I just want to say that I honestly believed that his idea of blowing up the expo center at the last episode was a brilliant idea, just for the record. Commissioner Gort: I thought it'd be great. Chair Suarez: I don't know anything about film or TV (Television). I've never acted professionally or anything like that. Commissioner Spence -Jones: But his other job is he's a producer. You didn't know that? Chair Suarez: No. Let me tell -- I thought it was a great idea. I thought it was -- when I read it in the paper, I was like, Wow, that was brilliant, but whatever. For whatever that's worth, take it as a viewer, as a fan. Anyhow, go ahead, Mr. Vice Chair. Vice Chair Sarnofff. Thanks, Mr. Chair. And to my colleagues to my left, I just want to say thank you for giving me the opportunity to meet with Bob Lempchin and Mr. Miller and to negotiate what I think is a very fair and impactful, fair terms to the lease -- or I shouldn't call it a lease, license agreement -- 'cause Madam City Attorney would have my head. I'm not going to speak for very long. There are two industries that I don't think the County or the City -- and we all know the County has the funding; the City has the desire -- that we just haven't done a good job of trying to attract, and that is film and entertainment, and that is what I'll call information technology, IT I'm working on both areas. I won't get into IT as to how I'm doing it. I know the Chair is extremely interested and is working with Mr. Medina. Today we're going to be having -- I think the Herald is going to be doing something with regard to our initiative with the LaunchpadMiami. But getting to film, I still believe that we need a center, a place that has the requisite heights, that has the requisite equipment, that has the requisite you -name -its, and still think that's the MEC (Miami Entertainment Complex). And you'll have people nitpicking and telling you why it isn't and why it shouldn't be and, you know, if everybody who says, Why not? You should be saying, We should. Because there are a thousand reasons not to do something, but there's one very good reason to do something, and that is because it is the right thing to do. Now you will always affect somebody somewhere in the world some way by making a decision, and it will impact some people. But if you can bring an industry here that wants to be here not because we're great people -- with all due respect -- not because we're an ethnically diverse group of people -- with all due respect. They want to be here because of the sunshine, the color of the water; that's why they want to be here. And they want to be here to film so they don't have to airbrush California to look like Florida. And they want to be here 'cause the lighting is a certain kind of lighting. And we have done very, very little to try to promote that. Now, in the past five City ofMiami Page 65 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 years, we've done better and we can do better. And that's why I ask you for your support with the MEC, and that will come up later. With Commissioner Spence -Jones's suggestion, we're even looking at maybe a charter school for film and entertainment, belongs in the MEC 'cause it is such a large facility. And that facility, if you think about it, could probably do both jobs. It could probably have two production studios, as well as a charter school. And you're right, you would then have a feeder of children that go through this industry and you'd create a leg of a stool that the City ofMiami simply doesn't have, using its biggest strength -- with all due respect, not its people; with all due respect, not its diversity -- Chair Suarez: Beaches. Vice Chair Sarnoff. -- its beaches. Right, its beaches, its weather, its sky. And that's why they want to be here. So we make our strength, we use it and we embellish it and that's where it is. With regard to Commissioner Carollo's suggestion, I will certainly bend. I will certainly bow to whatever the wishes are of this Commission with regard to how the money -- the 120,000 should be spent. I will tell you this, the one thing when I investigated as to why to put this money here, I was impressed with the amount of money that the Fire Department could use from UASI (Urban Areas Security Initiative), CDBG (Community Development Block Grant) grants, that are not available to the Police Department. And with all due candor and straightforwardness to this Administration, while we think we need 150 police cars, you actually need closer to 400. And while you might be able to limp through your way to get to that 400, I would like to leap forward into that way to get to that 400. I'd love to see the City ofMiami Police Department with a whole new fleet of vehicles, because the end of the day, these guys spend their time in their cars 7, 12, 15 hours a day. I'd even suggest to you, Mr. Manager, the trend in America is no longer to go with different color cars, but to go with the old-fashioned black and white unit. You might want to show a great, big -- like Miami Beach did. They turned around. They stopped using the colorful blue cars, and they went to a black and white unit. You might want to show a profound change, City ofMiami, where suddenly we start driving black and white units. Andl understand from certain studies that that is the best way to go. I don't want to get into the minutia of this. I want to say one thing about Burn Notice. They were great to deal with, great people. They were -- it was one of the nicest, kindest negotiations I've even been akin to. Robert Lempchin is an absolute gentleman. Mr. Miller has been an absolute facilitator in this whole conversation. I wholeheartedly ask you to support this. I wholeheartedly hope that they will reconsider blowing up the -- Commissioner Gort: I think it'll be great. Chair Suarez: I think it'd be awesome. Vice Chair Sarnoff. -- convention center in a figurative way, and we will be right behind you in a more accurate way. Andl hope we have a park that will rival a High Line Park in New York City. Because I bring this forth to you and this is why I suggest to you why parks are so important. I just recently came back from New York City. I did, begrudgingly with my wife, what I call a tourist vacation. I went to the 9/11 memorial. I went to Ellis Island. I went to the Statue of Liberty, andl went to High Line. Well, if you don't know what the High Line is, it's a park that was up on a trestle that used to serve New York City. And the number -one tourist attraction in New York City is not the Empire State building. It's not the 9/11 memorial. It's not -- I could go with what it is not. It is not Rockefeller Center. It is a park built on top of a trestle. And the impact that is having on New York is the commercialization of that one -mile strip is just becoming the most valuable real estate in New York City and what was considered the most valueless real estate in New York City. Now, if you compare Miami's waterfront to New York's waterfront, there is no comparison. If we bring the waterfront -- Chair Suarez: Not even close. City ofMiami Page 66 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Vice Chair Sarnoff. -- to Bayshore Drive, you will have condominiums that will be worth millions of dollars. And the one thing you and I know -- Chair Suarez: What does that do for our tax base, by the way? Vice Chair Sarnoff. Exactly. And we did an estimation. If we build this park, we believe we can increase the tax base to the City ofMiami with just two projects by six and a half million dollars. Chair Suarez: That's the annual tax revenue, the offshoot. Vice Chair Sarnoff. Annual tax revenue, reoccurring -- Chair Suarez: Recurring revenue. Commissioner Gort: Recurring revenue. Vice Chair Sarnoff. -- revenue. Chair Suarez: Recurring revenue, right. Vice Chair Sarnoff. So I ask you to endorse this. My praise to Burn Notice. I hope Burn Notice, in one iteration or another, stays in the City ofMiami, in one form or another. If it's not called Burn Notice, hopefully, Mr. Miller will come up with a different story. I have some in mind. He can come to my back. I have some stories back there. Chair Suarez: Wow. Vice Chair Sarnoff. But I will move this, Mr. Chair. Chair Suarez: Thankyou. I think it's already been moved and seconded. And l just want to thank the producers and the show for working with the City ofMiami. Obviously, this is a great deal for the City ofMiami on a multitude of different levels, not only financially in terms of the rent, but really, the bigger picture, which is, you know, all of the things that make Miami Miami. It's the international and national publicity that we receive from a show like yours being in the City ofMiami. That's the real benefit. Commissioner Gort: Yes. Chair Suarez: In addition to, of course, the economic benefit of having the crews and the jobs and everything else that goes along with it. So thank you for being a reasonable negotiating partner, and we look forward to that last episode where you blow it up. Commissioner Gort: And we want (UNINTELLIGIBLE) more shows. Chair Suarez: Yeah. Commissioner Carollo, I'm sorry. Commissioner Carollo: Thankyou, Mr. Chairman. And l just want to, you know, make clear. My issue thatl brought up has nothing to do with Burn Notice, has nothing to do with the film industry, has nothing to do with the industries that we should be going after that should be here . It has nothing to do with any of that. It's actually doesn't even have to do with the amounts that you negotiated and what's going into parks in the Grove and that sort of thing. It's actually, you know -- I guess the issue is two -prong approach. One is, yes, we are taking in monies that last year were going to the general fund; this year they are not. So, in essence, we're reducing revenues by the $120, 000. Now we're putting it in a special revenue fund so some time in the future, I guess the Police could use it for equipment, which, again, I'm not against giving Police City ofMiami Page 67 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 more equipment and giving them the resources that they need. My issue is, okay, if you want to put it to police equipment, put it in the general fund, raise their budget by 120, 000, put it to police equipment. And the second part is that, okay, if an area in the district raises monies for the general fund then from what you're saying is -- or from the actions is then the district Commissioner should have leeway on where in the general fund that money is spent, whether police services, which you are suggesting, or fire or some other type of services. Chair Suarez: I have to jump in on that one 'cause that's not what I'm saying. What I'm saying Commissioner Carollo: I mean -- Chair Suarez: This is what I'm saying. What I'm saying is there are certain facilities, let's say, for lack of a better word, or projects, that are within a certain district and that are going to intimately impact that district. Andl think what we have done is been very liberal in allowing the district Commissioner to get involved hands-on in negotiating those items. Whatever revenues off -- comes out of that, it's for this Commission as a body to decide where it goes. This particular case, we had a Commissioner who took that opportunity and suggested one particular use of the funds and I thought it was a very -- I mean, I can only speak for myself. I thought it was a good use of funds. I -- you know, I hesitate in like trying to paint some broad rule which gives even more power to a district Commissioner, which, you know, I think is already -- we're already giving a lot of power to our district Commissioners to allow them to negotiate with -- to the -- sometimes to the exclusion of other district Commissioner -- of other Commissioners. So I -- that's just me, and l just want to be clear, from my perspective, what my perspective is on this issue. I thought -- listen, a Commissioner has a right to come and -- Any Commissioner could have really suggested where the money goes and brought it in as part of the agenda, and then we debate it and make a decision. I just thought that was a good allocation. But I don't want to create a rule that goes beyond that. That's just me. Commissioner Carollo: Okay. And that was my point. I just don't want to create double standards where, you know, all of a sudden, you know, a district Commissioner brings in revenues or finds revenue somewhere and then, again, it gets used for the general fund to any purposes, while other -- another Commissioner, you know, finds revenues and says, okay, but I want this revenue to go to this and that's where it goes. So I just -- I'm trying to prevent a double standard. So it's really the process. It's not about not backing a district Commissioner because, you know, from the very beginning, I think Commissioner Sarnoff knew that I have a long history of backing the district Commissioner, so that isn't the issue either, just like it's not the issue of Burn Notice, just like it's not the issue of the film industry, and it's not the issue of promotion. What I'm trying to prevent is this double standard where here, yes, $120, 000 -- last year, I was the one who debated for it and, yes, I guess appropriately we negotiate it, but it went to the general fund for what the needs of the cities were, whether it was police, fire, whatever it may be. Now I'm not necessarily -- I don't even -- I'm not even against it going to police equipment, I'm not. My issue is this double standard where -- or possible double standard in the future where if a district Commissioner brings in revenues to the general fund, that, realistically, on one occasion, Oh, yeah, he could -- Chair Suarez: I don't agree with that. Commissioner Carollo: -- he or she could say, Yeah, it goes to this. But when another district Commissioner brings in an item that's bringing in money, no, then that person can't, you know, say, Hey, it should go to Fire or it should go to police services. Chair Suarez: No. I think -- first of all, I don't think district Commissioners bring in money to the City ofMiami. I think we've empower -- and in some cases, maybe they do. But because they find something that is not otherwise being discussed or whatever -- andl think any -- City ofMiami Page 68 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Vice Chair Sarnoff Well, can I -- Chair Suarez: -- Commissioner has the right to suggest where that money goes. Yes. Vice Chair Sarnoff -- say something? Chair Suarez: Yes. Vice Chair Sarnoff You know, I hate when somebody uses the word "double standard" because double standards are like we're not being -- Commissioner Gort: Right, fair to everybody. Vice Chair Sarnoff -- it's like using -- Commissioner Carollo: Fair. Vice Chair Sarnoff -- words -- Commissioner Carollo: Fair. Vice Chair Sarnoff -- of power. Chair Suarez: Right. Vice Chair Sarnoff But here's my point. I never said in this whole issue that that money, that $120, 000, should stay in District 2. I just simply saidl think a good use of this money would be to go to police equipment. Now, I have done -- what I have done as a result of this board making a policy decision of not raising taxes -- and still think there being a need for further police equipment -- I've created the HELP fund, which is Help Equip Law Enforcement Personnel. And I have raised or will raise close to $52, 000. Now I have demanded that that money stay in my district because that is being raised through something called the Sarnoff Foundation, which is going through the Miami Foundation for complete, you know -- Chair Suarez: Transparency. Vice Chair Sarnoff -- transparency. And those bicycles, those fingerprinting equipment, those radar guns will stay in District 2 because I am fundraising for those -- that equipment. But in no way, shape, or form wouldl ever suggest that the money coming from this should in any way, shape, or form benefit my district. As a matter of fact, that police equipment should be disbursed citywide. So I don't think it's a double standard. Commissioner Carollo: We're mixing the issue. The issue is that in the resolution it stipulates that the money should go to police services, okay. Vice Chair Sarnoff Police equipment. Commissioner Carollo: Police equipment, which again, I don't have a problem with it. The only thing is that in the future -- and maybe bring is not the right -- correct word, so you know, bear with me. But there are Commissioners here that have had the ability in the past to find a lot of monies within the City coffers and have been very general [sic] to say, Let it come to the general fund for police, for fire, whatever the needs are; where here, we are actually not even leaving it in the general fund. We are actually suggesting that we put it in a special revenue fund just for police services and -- which I don't have a problem with, as long as in the future, if City ofMiami Page 69 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Commissioners can find additional revenues or they could find resources, that they give preference to that Commissioner also to say, Hey, listen, I think there needs to be fire equipment. I think, you know -- For instance, in my district, there's a lot of elderly that call for paramedics, and you know, we need trucks that are operating for them to get to the patients on -- you know, with a decent response time. So all I'm saying is that there should be preference in the future also if some Commissioner would negotiate and able to find resources -- Commissioner Gort: I don't have any problem with that. Commissioner Carollo: -- that the City may use for general -- for the general fund. Chair Suarez: I have a little bit of a problem with that. I'll be honest with you. I don't think that there should be any sort of a preference. I think the way it works is, if we find money -- if we're negotiating or anything to that effect and you want to make a recommendation of where that funding goes, this Commission can debate it and can either accept it, can reject it, and can allocate it to somewhere else. I'll give you an example. In the next Commission meeting -- andl didn't want to bring it in this one because, obviously, we have a lot of things coming. But in the October 11 one, I have an update on the collections for liens, for spe -- I forget the exact terminology. Commissioner Spence -Jones: For liens? Chair Suarez: Yeah, the ones where we actually place -- where we do some improvement and then place the lien. Madam Attorney, my -- Commissioner Carollo: A special lien or a special -- Chair Suarez: Yeah, like a special assessment lien. Commissioner Carollo: Special assessment. Chair Suarez: Andl led the charge to try to get collections on those special assessment liens. And those special assessment liens, we've actually collected very close to $100, 000 in that item. My personal recommendation -- and it's going to be a recommendation that comes along with that, which is what Commissioner Jones -- Spence -Jones also recommended -- is that we create a fund so that we can continue to knock down houses and continue to collect and continue to do the things that increase and improve the quality of life. This Commission can come back and say, Look, Commissioner. Thank you for the recommendation, but we'd rather take the $100, 000 and put it into the general fund or do whatever they want. I mean, I don't think that there should be some sort of a preference for me because I took the initiative to, you know, discover that -- those funds and then -- or, you know, collect on them and go through the whole process with the City Attorney's office, you know. I don't -- I'm -- I know we're kind of arguing over kind of a -- almost a silly distinction. Commissioner Carollo: Right. It's more of a process. Chair Suarez: I just -- I'm afraid -- and you know, I think you're the type of person that -- We all hold each other to our word, you know. Andl don't want to say something today, like we're going to create a preference, and then later on, if somebody says, Look, we don't want to go down that road, then it's, Oh, you know, you told us that we had a preference, you know, and now we don't -- you know, and that's what I fear. I'm actually looking, you know, forward and kind of trying to anticipate, hopefully, preventing some sort of a discussion or argument that goes in an unfavorable way. But that's just why I keep kind of pushing back a little bit and saying, Look, I don't think we should create a preference. I think we've been very liberal in allowing district Commissioners to negotiate things that happen to be in their district. City ofMiami Page 70 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Sometimes they come with recommendations. Sometimes the recommendation is, Put it in the general fund. Sometimes the recommendation is, Let's spend it on this. And we have the right, as a Commission, without a preference or without any predisposition, to decide yes or no or somewhere else. Commissioner Carollo: And two things. Commissioner Spence -Jones: I just -- Commissioner Carollo: Two things, andl'll close. Chair Suarez: Sony. Commissioner Carollo: Two things andl'll -- Chair Suarez: We're getting close to lunch. Commissioner Carollo: Yeah, two things andl'll close. One is -- okay, and all I'm saying is, let's make sure that that -- Chair Suarez: Applies all across the board. Commissioner Carollo: -- across -- yes, applies across the board. Chair Suarez: Thank you. Commissioner Carollo: That we are liberal and it applies across the board. And not liberal as in D (Democrat) and R (Republican), but liberal as with regards to applying it across the board. And the second thing -- andl'll close -- is, you know, police does have the LETF (Law Enforcement Trust Fund) funds. And by the way, to his credit, months ago, probably over a year ago, and on the dais, I asked our police chief Chief Orosa, that why aren't we using grants to fund more police cars or to fund other items that we are -- that we need. And to his credit, in this budget you will see that we are using grant money and LETF money to fund more police equipment. So, you know, I see Chief Orosa there, so I commend you on that because it did not go on deaf ear. It was something thatl thought was very doable and we are doing. So I'd like to commend you on that. And the second thing is, as far as black and white police cars, my only experience is, driving a green and white, that the black tops overheat the cars, so it's more of a challenge. You need a bigger alternator and so forth because the cars overheat a lot more because of the -- Vice Chair Sarnoff. There you go. Commissioner Carollo: -- black and the heat. Chair Suarez: Okay. Commissioner Carollo: Thank you. Chair Suarez: There's a motion and a second. Commissioner Spence -Jones: We had a motion and second, but I do have a comment. Chair Suarez: Yes. Commissioner Spence -Jones: You want to let this item go? City ofMiami Page 71 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chair Suarez: No, no, whatever you -- Commissioner Spence -Jones: We had a motion and second. All -- Chair Suarez: Do you want to comment before the vote or --? Commissioner Spence -Jones: No. I could do it right after. Chair Suarez: Okay. All in favor, signift by saying "aye." The Commission (Collectively): Aye. Chair Suarez: Go ahead. Commissioner Spence -Jones: The only thing that I just want to add in this -- and don't want to belabor a point. But it's just -- it's -- I think it is important, though, for us to know if we are coming up with creative solutions to address the issue. Like, I totally commend Commissioner Sarnofffor saying, You know what? I'm going to think outside of the box. I know I have a problem in my district. I need to figure out how to solve it. And whatever revenue, you know, we can create to, you know, make people feel more safe in my district, this is what I'm trying to do. And the comment that -- andl also respect the comment that Carollo has mentioned, and that is, you know, about the double standard. Because, you know, sometimes it is a double standard. I know we don't want to say that it is and -- You know, the mere fact that, you know, even -- not making anything good or bad about what you're doing 'cause I think you need to do that. We all need to do that. I just want to make the suggestion that when we do create alternative ways to raise funds, we should all be on the same page because we can all join in your efforts to help you raise funds or help raise funds for that pot because we all got maybe similar issues. I know in D5 (District 5), I -- I mean, the gun situation is out of control. Andl'm not going to deal with this issue now because I really think we need a little bit more time to talk about it when we come back. But I just would like to see if we decide we're going to do and do -- go out and do alternative things, that that should be something that should be brought in front of us. Andl'm just going to give you an example, Commissioner Sarnoff, just so you understand my reality in it. The same thing that you've done with the Miami Foundation and the reason you went to the Miami Foundation in the first place because of the transparency is what I did as well. I saw that there was an educational need that was short in my district, that kids needed scholarships, so I went to the Miami Foundation. We created a scholarship foundation. It was open and transparent, you know, for kids to get scholarships 'cause it's very difficult in my neighborhoods to find organizations that give scholarships. For the same thing you did, I got arrested for. So there is a double standard. No different. Chair Suarez: Let's -- Commissioner Spence -Jones: You want it towards guns and addressing criminal elements; I wanted it to empower young people so that they could get scholarships, you know. And the same thing happened -- something different happened to me. So I'm just simply sayingl think policy should be -- and they tell you. I ask for a legal opinion on everything now so I don't ever have any issue because I understand that there is a double standard and that's okay. That's what it is and I've learned to walk in those shoes. But I'm just going to make that recommendation that if there is these funds that we create and we go out and create the Sarnoff thing at Miami Dade Foundation, that at least we're aware of it as a body. Because when people come to us and approach us about it or about the fact that one of us -- we are raising money, we can't even respond to it 'cause we've never heard of it, unless we've heard it from some outside source. So I would just like to make that recommendation that we all are brief when we decide to find alternative ways because sometimes things are viewed in very different ways, and not to mention City ofMiami Page 72 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 who we decide to go raise money from, you know, the same thing, you know. Scholarship for kids -- what you're trying to do is go to everybody 'cause you got a criminal element going on. It doesn't matter who they are. You just want to make sure that you're raising money to do a good thing, right? Same thing applies for these scholarships. So I'm saying, I think it's really important that the process should be definitely make sure we all know about it and make sure that we have it cleared through the City Attorney so you don't find yourself in the same situation that I found myself in. Chair Suarez: Cool. Thank you. We have already voted on the item and it's not a public hearing, but a member of the Coconut Grove Village Council would like to put something on the record and I'm going to allow the person to put something briefly on the record. Michelle Niemeyer: I have a copy of a resolution with me. Andl apologize for my tardiness. We had some internal problems getting the paperwork together and getting the signatures we needed, so I had permission and it's signed by me for David Collins. We resolved at our last meeting -- and this was after an extensive meeting with a lot of Coconut Grove Village Council -- or residents of Coconut Grove -- about this issue. And we want to commend you, Commissioner Sarnoff, for allowing Burn Notice to stay for another year. Our resolution commends this decision. We don't disagree at all. We did want, however, to bring to the Commission's attention -- andl hope that this will be noted for the future -- that there is a paragraph F in the contract that you approved, which is in all caps, and says that Burn Notice agrees that it will not make any further requests for extensions. That goes specifically against what the residents of Coconut Grove expressed to us at our meeting and was in our resolution to this body previously. The people that came and expressed their views to us told us almost -- I won't say exclusively. There was 1 gentleman who disagreed out of about 35. Most of those people's belief was we're okay with waiting to have a park until this production is finished, as in it terminates of its own natural death, so to speak, as productions always do. The people in the Grove did not feel that they needed to limit it to one year or to two years or some specific amount of time. So that was all wanted to express and to -- Chair Suarez: Thank you. Ms. Niemeyer: -- make sure that this resolution ended up part of your record. Chair Suarez: Sure. You can go ahead and hand it to the Clerk. Thank you so much. Ms. Niemeyer: Thank you. Chair Suarez: We're going to be in recess -- Priscilla A. Thompson (City Clerk): Excuse me. I'm sorry, I'm sorry. I do need a name for the record, please. Chair Suarez: Yes, name and address, please. Ms. Niemeyer: I'm sorry. Michelle Niemeyer, 3400 Pan American Drive, andl am a member of the Coconut Grove Village Council and speaking on their behalf. Ms. Thompson: Thank you. Chair Suarez: Thank you. RE.7 RESOLUTION 12-00881 City ofMiami Page 73 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), ACCEPTING THE BID RECEIVED AUGUST 17, 2012, Program PURSUANT TO INVITATION TO BID ("ITB") NO. 11-12-041, FROM C&W PIPELINE, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE NW 8TH STREET AND NW 14TH COURT ROADWAY AND DRAINAGE IMPROVEMENTS PROJECT, B-30745 AND B-30746, IN THE AMOUNT OF $425,895.25, FOR THE SCOPE OF WORK, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $42,589.52 AND AN ADDITIONAL OWNERS CONTINGENCY AMOUNT OF $57,411.00, FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $525,895.77; ALLOCATING FUNDS IN THE AMOUNT OF $367,782.74, FROM CAPITAL IMPROVEMENT PROJECT NO. B-30745 AND FUNDS IN THE AMOUNT OF $158,113.03, FROM CAPITAL IMPROVEMENT PROJECT NO. B-30746; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. 12-00881 Summary Form.pdf 12-00881 Legislation.pdf 12-00881 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-12-0349 Chair Suarez: RE.7. Albert Sosa: Albert Sosa, director of Capital Improvements. RE.7 is a resolution authorizing the City Manager to execute a contract with CW [sic] Pipeline. Commissioner Spence -Jones: So moved. Chair Suarez: Moved by Commissioner -- Commissioner Carollo: Second. Chair Suarez: -- Spence -Jones, second by Commissioner Carollo. All in favor, signift by saying "aye. " The Commission (Collectively): Aye. Commissioner Spence -Jones: Jobs, jobs, jobs. Chair Suarez: That was quick. Commissioner Gort: People to work. RE.8 RESOLUTION 12-00849 City Commission City ofMiami Page 74 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 DANIE, AS CITY CLERK, EFFECTIVE SEPTEMBER 29, 2012 UNTIL JANUARY 15, 2013, WITH A FIVE PERCENT INCREASE (5%) IN HIS CURRENT SALARY AND BENEFITS. 12-00849 Legislation.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-12-0351 Chair Suarez: Let's go with RE.14. Commissioner Carollo: What aboutRE.8? Commissioner Spence -Jones: Yeah. Chair Suarez: We don't have a full Commission. Do you want to do it without a full Commission? I don't have a problem doing it without a full Commission, but -- Commissioner Spence -Jones: No. Can we just wait anyway? Table that 'til this afternoon so we're coming out of -- Chair Suarez: I don't have a problem with that either. Commissioner Spence -Jones: Okay. I think we just really all need to be on the same page. Chair Suarez: Okay. So we're tabling RE.8 'til the afternoon. We're going to have an interesting, busy afternoon. [Later..] Chair Suarez: We're going to be in recess from now -- Vice Chair Sarnoff RE.8? Chair Suarez: You want to do something? You want to --? Which one is it? Vice Chair Sarnoff RE.8. Chair Suarez: You want to do --? It's not going to take -- You think it's going to take two minutes? Commissioner Carollo: Yeah. Chair Suarez: You want to do it in two minutes? We got -- Can we do it in two minutes, RE.8, appointment of a temporary Clerk? Vice Chair Sarnoff I think it's pretty -- Chair Suarez: I can do it in two minutes. Commissioner Carollo: Yeah. City ofMiami Page 75 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Vice Chair Sarnofff. I can do it in two minutes. Chair Suarez: Okay. Here's my understanding of the last conversation we had. We said we wanted anyone who was on the A Band and who worked in the City Attorney's -- I mean, in the City Clerk's office. My understanding is that there's only two people that fit that description and one of them has kind of removed himself from the temporary position -- from being in consideration for the temporary position. The person has not removed themselves from consideration for the permanent position in December. That leaves Mr. Dwight Danie, who's also the supervisor [sic] of elections, which addresses one of the concerns that Commissioner Spence -Jones had, which was to have someone in the Clerk's office that had extensive experience on elections, which is going to be a huge election in November. And also, I thought from a fairness perspective, it was very good of Mr. Hannon -- even though I know he has a personal situation and that's why he removed his name from consideration, we have had an opportunity to see him in action, for lack of a better word. And so, we had not had that same opportunity with Mr. Danie, so I think this also affords us an opportunity to see that. So is there anyone who wants to make a motion or anything else? Commissioner Gort: Move it. Commissioner Carollo: I make a motion to name Dwight Danie our interim City Clerk. Vice Chair Sarnofff. Second. Chair Suarez: Motion by Commissioner Sarnoff -- Commissioner Carollo: With discussion. Chair Suarez: -- second by the Vice Chair. You have one minute. Commissioner Carollo: The only thingl want to state is regarding salaries and benefits. I would suggest and request that his benefits stay the same as what they are right now and, possibly, he gets a 5 percent increase in pay for the time that he is acting -- interim City Clerk. Chair Suarez: And correct me if I'm wrong, that's still substantially less than the actual -- Commissioner Carollo: Oh, it will -- Chair Suarez: -- her salary? Commissioner Carollo: Exactly. It will be -- Chair Suarez: Right, and l just want to clear that (UNINTELLIGIBLE). Commissioner Carollo: What'll happen is that Priscilla Thompson -- Commissioner Gort: We'll still have savings. Commissioner Carollo: Right. -- will no longer be with us 'cause of the DROP (Deferred Retirement Option Plan) and there will be a vacancy, so we are saving on that monies. Chair Suarez: Right. Commissioner Carollo: But at the same time, you're asking an individual -- City ofMiami Page 76 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chair Suarez: To do much more responsibility and much more duties. Commissioner Carollo: -- to do a lot more responsibility -- Chair Suarez: Agreed. Commissioner Carollo: -- andl think it warrants a 5 percent of his current pay -- Chair Suarez: That's fine. Commissioner Carollo: -- for the time that he's being interim City Clerk and that his benefits stay the same -- Chair Suarez: I don't have a problem with that. Commissioner Carollo: -- which I think is reasonable. Chair Suarez: I think that is reasonable. Anybody else? Yes, Madam -- Julie O. Bru (City Attorney): Can I just put something on the record? Chair Suarez: You have one minute. You're already one minute into borrowed time here. Ms. Bru: The appointment that you're making here is of a City Clerk with all the powers and -- Chair Suarez: Right. Ms. Bru: -- authority of the Clerk. It's a very important position. They are the ones who attest to documents and, you know, we have a -- perhaps a bond issue that's going to be coming up soon, so I want to make sure that there isn't any confusion or misrepresentation about his powers and authority. So using the word "interim," "acting" -- he's the City Clerk, but you indicated that his appointment is not going to be -- Chair Suarez: Permanent. Ms. Bru: -- a permanent appointment -- Chair Suarez: Right. Ms. Bru: -- that you're going to revisit it within a certain period of time. Chair Suarez: Andl think the reason why we also wanted to use that nomenclature is because we wanted to make sure that we weren't doing anything that violates the Charter, which talks about the term of the City Clerk. Ms. Bru: Well, the Charter doesn't speak of a term. Chair Suarez: Okay. Ms. Bru: So that's why it isn't -- Chair Suarez: I got you. Ms. Bru: -- necessary other than to -- City ofMiami Page 77 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chair Suarez: Perfect. Ms. Bru: -- express that this appointment is not intended to be -- Chair Suarez: Permanent. Ms. Bru: -- for your purposes, a permanent one at this time. Chair Suarez: Understood. I stand corrected. Vice Chair Sarnofff. Did -- Mr. Chair, did we come up with a schedule for the permanent? Chair Suarez: We do have a schedule. My understanding is at the next Commission meeting, we will be whittling down the applicants to five, if I'm not mistaken. And then is -- what are the other procedures in the schedule? Priscilla A. Thompson (City Clerk): If I'm not mistaking [sic] -- and Ms. Beverly Pruitt is here as well, and I'm sure she has her handout -- you were going to go ahead and decide on or select five people to interview. You were going to carry out your interviews. Andl think in your December meeting, you talked about making an appointment. Chair Suarez: Correct. Ms. Thompson: And that person would then come in in January. That's what I understand. Chair Suarez: Thank you. Is that okay with everyone? Vice Chair Sarnofff. Yeah, that's fine. Chair Suarez: I think it'll be similar -- Vice Chair Sarnofff. I was just -- Chair Suarez: -- to I think the way we selected the auditor general in terms of procedure, which I think makes -- you don't want to set that in stone. That's fine. Ms. Thompson: Excuse me. Chair Suarez: Okay. Ms. Thompson: I just want to make sure that you're including an effective date for your resolution. My last day is September 28, 2012, andl think you do need to put an effective date for the appoint -- Chair Suarez: So effective Monday, correct, Monday morning? Or effective Saturday because we need -- Saturday. Commissioner Gort: Effective Saturday. Chair Suarez: Okay, effective Saturday. Commissioner Carollo: So effective -- Can we say the exact date? Chair Suarez: Twenty-ninth, September 29. City ofMiami Page 78 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Commissioner Carollo: Effective September 29, 2012. Ms. Thompson: Thank you. Chair Suarez: And -- right. Commissioner Carollo: That's part of my motion. Chair Suarez: Do you want me to specify the end date as well or just the --? Ms. Thompson: No. It's already in your resolution -- Chair Suarez: Okay, that's fine. Ms. Thompson: -- the end date. Chair Suarez: Okay, so September 29 is the effective date. I think what might make sense is to have, before the December meeting where we choose the permanent Clerk, a meeting where we discuss in terms of the procedures what is the process that we're going to follow to choose that person because we had an extensive -- and you both were involved, I remember, and so were you, Madam Clerk -- discussion, debate about how we were going to choose the auditor general and making a process that was fair, that everyone could live with and that ensured -- that was efficient as well. So I think we should also include that, okay? Ms. Thompson: I'm done. Chair Suarez: I know you're not going to be here, but okay? Dwight Danie (Elections Coordinator, City Clerk's Office): Yes. Chair Suarez: Everyone on that side, okay? Okay. Everyone in here, okay? All right, that's it. Ms. Thompson: No. I need a vote. Chair Suarez: Oh, we have to vote. Commissioner Gort: Need to vote. Chair Suarez: All in favor, signifi, by saying "aye. " The Commission (Collectively): Aye. Chair Suarez: Unanimously. Meeting adjourned [sic] until 2 p.m. sharp. Commissioner Carollo: Thank you. Chair Suarez: Recessed. Meeting recessed until 2 p.m. sharp. [Later...] Commissioner Spence -Jones: Mr. Chairman. Chair Suarez: Yes. Commissioner Spence -Jones: I understood -- you know, when I got ready to leave the dais, I City ofMiami Page 79 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 told you I had to run to Booker T. Washington. I had -- Chair Suarez: Yes. Commissioner Spence -Jones: -- people meeting me there. And you guys took votes without me being here? Chair Suarez: No. I don't think we've taken any votes since -- Commissioner Spence -Jones: Oh, okay. Chair Suarez: -- you -- Wait. Which one? Commissioner Gort: Yes, we did. Chair Suarez: Was there one before --? Commissioner Spence -Jones: I -- Commissioner Gort: Clerk vote. Commissioner Spence -Jones: Yeah, you said you were going to -- I -- remember, I walked -- Ms. Thompson: I'm sorry. Is your mike on, Commissioner? I can hardly -- Commissioner Spence -Jones: Mine is on. Ms. Thompson: Can you --? Chair Suarez: Yeah. I thinkl understand what she said. I think she says that we took votes between the time she left and the -- I think there was -- Commissioner Spence -Jones: No. I told you I had to leave at 10 minutes to 12 and if we -- and you said we were going to close out the meeting. Chair Suarez: What votes did we take? I think we may have taken one vote. Ms. Thompson: RE.8. Commissioner Spence -Jones: Yeah, but any. Commissioner Gort: Temporary Clerk. Commissioner Spence -Jones: I requested for there not to be -- Chair Suarez: I got you, I got you, I got you. Commissioner Spence -Jones: -- any votes until got back. Chair Suarez: I'm going to try to fix it. I'm going to try to fix it. Let me just see what it is. I mean, give me a second. Vice Chair Sarnoff It's the interim Clerk. Commissioner Spence -Jones: I wanted to at least have a discussion. City ofMiami Page 80 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chair Suarez: Which -- Commissioner Gort: Temporary Clerk. Chair Suarez: Oh, okay. Commissioner Gort: The interim Clerk. Chair Suarez: Would you like us to readdress that issue? Commissioner Spence -Jones: Well, I would like -- Chair Suarez: First of all, I apologize. Commissioner Spence -Jones: 'Cause you know I -- Chair Suarez: You're right. I apologize. So I'm sorry. What do you want me to tell you? Commissioner Spence -Jones: I accept. Chair Suarez: Thank you. I got convinced to do it. Commissioner Spence -Jones: I just want to have a -- Chair Suarez: I know bet -- I should know better. I should know better. My apologies. Commissioner Spence -Jones: Okay, so when -- Chair Suarez: I am -- Commissioner Spence -Jones: -- all of us -- Chair Suarez: -- properly admonished. Commissioner Spence -Jones: -- are sitting on the dais, I just want us to talk about it. RE.9 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 City ofMiami Page 81 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 RE.10 12-00363 RE.11 12-00669 THE CASE OF CITY OF MIAMI VS. OLYMPIA BUILDING PARTNERSHIP, LTD., PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 03-28667-CA-27. 12-00201 Memo - Office of the City Attorney. pdf 12-00201 Legislation.pdf 12-00201 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort RESOLUTION 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 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 SPONSORS: HONORABLE MAYOR TOMAS REGALADO VICE-CHAIRMAN MARC SARNOFF DEPARTMENT OF PUBLIC FACILITIES Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort RESOLUTION City ofMiami Page 82 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 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 ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0344 Chair Suarez: Now we have a time certain item of RE.11. And in that particular item, as Chair, I have asked the respective parties, since there is no official protest, to document in writing any actions that they feel beyond the protest period could have been protested. Both parties agreed to introduce their comments into the record by a written instrument. They both had an opportunity at the last meeting to voice some of their concerns orally into this Commission, and it's something that both parties are being -- it's a rule that's being applied equally to both parties. So to the extent that either party would like to introduce anything into the record in writing now, the Clerk will be available to accept that written document. So thank you. Otherwise, we will introduce the item and have the Administration make its presentation. Henry Torre (Director, Public Facilities): RE.11 is a resolution of the Miami City Commission accepting the recommendation of the City Manager approving the findings of the evaluation selection committee, pursuant to RFP (Request for Proposals) number 313280, authorizing the City Manager to execute a professional services agreement with the firm of SMG, the recommended proposer, for the provision of professional management services for the James L. Knight Center, for an initial period of three years. Chair Suarez: Thank you. Coming back to this Commission, is there a motion? Vice Chair Sarnoff So moved. Commissioner Spence -Jones: Second. Chair Suarez: Moved by the -- City ofMiami Page 83 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Commissioner Carollo: Second for discussion. Chair Suarez: -- Vice Chair, second by Commissioner Spence -Jones. Commissioner Carollo, you are recognized. Commissioner Carollo: Yeah. I understand what you asked andl understand what occurred, except with all the information that we've been receiving, you know, in these last few days, I think I received a letter yesterday or the day before -- an additional letter, 'cause there was one letter requesting, you know, ten minutes to make their presentation or make their case, and then there was an additional letter stipulating a lot of the facts. Andl briefly read through it, but -- in all fairness, I couldn't read through everything with all the mammoth information that we were receiving. So, you know, I don't know if it will be appropriate that -- you know, for them to do, you know, a quick five-minute presentation or not or -- you know, 'cause I -- Listen, you know there's been a lot of information we've been receiving, you know, for this meeting and for the budget so, you know. Chair Suarez: I mean, I have no issue with that. The only concern that I have is that we had agreed to a procedure before the Commission meeting, andl don't know if the parties are prepared to make a five-minute presentation, first of all. And -- I mean, I really -- it doesn't bother me to make a five-minute presentation. It's just, you know, that wasn't the procedure that we had agreed to beforehand. So Madam City Attorney, is that something that's appropriate or do you think it's not appropriate? Julie O. Bru (City Attorney): Well, you know -- Commissioner Carollo: And again, with all these -- with all -- listen, with all the amount of information that we're taking in, I'm not really sure what we agreed to or not. As a matter of fact, I was a little confused if we even had agreed to anything, you know, so -- Chair Suarez: Well, I think there's some legal issues, as well, which have to do with protest ability and a procedure -- a procurement procedure. I can tell you for one, I'm not very happy with a lot of the way some of the things happen through the procurement method, andl was going to express some of those concerns in this item before voting. But both sides had an opportunity to make brief oral presentations at the last Commission meeting, andl think they both put on the record what their main concerns were. I think one -- and I'm not going to summarize their concerns. They're on the record. Commissioner Carollo: I understand. Chair Suarez: You know, what I thought would be in the -- you know, as Chair and as someone entrusted with trying to, you know, run an orderly meeting, what I thought would be in the best interest of you know, expediency and it's a budget hearing, would be for both parties, who both got an opportunity to make oral presentations, to put their objections in writing. This is a Commission that very carefully scrutinizes everything that's put before it. And thought that the arguments, which were fairly straightforward, could easily be made in writing. That preserves their right also to have a record in the event that they do want to litigate this item, which is important that all parties are given an opportunity to put their arguments on the record. And then at some subsequent date, they can litigate with the City if they feel that a decision has been made that has in any way deprived them of any kind of rights that they're entitled to. That was my reasoning and that was, you know, discussed with the City Attorney. It was discussed with both parties. Both parties agreed to that procedure. I can't prevent the Commission from asking questions or wanting to do it in a different way so -- I mean, it's really up to this Commission as far as how you want to handle it. Commissioner Carollo: And real quickly -- andl just want to, you know, just follow up on City ofMiami Page 84 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 something. I always say here that discussion is healthy, and we've had a lot of issues with procurement and, you know, just -- and don't want to say now that, you know, the procurement process is flawed in this case or any case. I'm just saying there's issues that have aroused [sic] now, before. We've had many discussions with our procurement process and thought that -- you know, discussion is always healthy, so you know, it might be something that we might want to discuss also and maybe use this as an example and the process that took place here. Chair Suarez: Andl want to -- I just want to agree with what the Commissioner is saying because I definitely have issues with the procurement process. I've had issues -- I think we've all expressed issues throughout the time that I've been here. And it's not with the procurement director, per se. Commissioner Carollo: Exactly. Chair Suarez: I just want to make sure that it's -- it's beyond that. And it's about messages that we've been sending that haven't really been, I don't think, fully heard. And then it's just as we do different procurements, you start to see the flaws in the procurement and you wonder why weren't things planned better beforehand? Commissioner Spence -Jones: Mr. Chairman. Chair Suarez: Yes. Commissioner Spence -Jones: I just want to make a comment. And as I stated earlier the last time we heard this item that clearly, you know, I have respect for all the parties that are involved in both of these proposals. My only concern, like I've communicated to them is, you know, it's really important that we respect the process. It's really important that we respect, you know, what staff you know, does to try to put the process in place. Andl know this is one particular item that I was very much involved with when I got back because I really wanted to make sure that we were involved in making sure we got the best deal for the James L. Knight Center. And when staff comes back and they say that they've vetted the process out and my City Manager is telling me the same thing and that he's sticking by the recommendation, unless there's something that's compelling that says something different, unless, you know, the individuals protested the issue, then we got to respect the process. And beyond that, I just -- I do want to add -- because I had a conversation with Tim Schmand, and we all respect Tim Schmand's ability and how well he's ran his operation. And when you get somebody like that saying that this is a better deal for the City, we have to respect that, you know. Andl don't want to go on further 'cause, like I said, I have friends on both sides of this, you know, argument. But I just think that we send the wrong message when we put a process in place and then we throw it out. And quite frankly, we need to get busy on James L. Knight Center. I really don't want this -- the employees that are working to feel like this means that they don't have a job. So my only recommendation is to make sure from the SMG, which are the winning bidders, that that transition for those employees, those individuals still have a place to go 'cause I think that's important as well. 'Cause in a place where the market is totally changing, we don't want to put people out of work either. So that would be my only recommendation on this issue. Chair Suarez: Thank you. Mr. Torre: Commissioner, ifI can add --? Chair Suarez: Commissioner Gort. Mr. Torre: Oh. Commissioner Gort: Yeah. City ofMiami Page 85 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chair Suarez: Excuse me one second. Mr. Torre: I'm sorry. Commissioner Gort: I'd like to say I received the same letters; we all did. I went through it, but I sent it to my Legal Department. And the Administration, I think they're the ones that got to come back and tell us. Chair Suarez: Thank you. Yeah. From my perspective, what I heard at the last meeting was simply that there were potential issues that happened subsequent to the protest period that could, theoretically, be protestable. So what asked the parties, who are lawyers -- I happen to be a lawyer -- I consulted with our City Attorney -- was, Listen, I want you to preserve your right to protest. You have a right, obviously, to talk to any one of the Commissioners in the next two weeks and articulate your arguments before the body that will deliberate and ultimately make the decision. You also have the right to put whatever actual information you want to put on the record on the record. Neither side will have an opportunity to make oral presentations because oral presentations were really made at the last Commission meeting, and we have a budget meeting and we have a variety of other issues that we want to take up. So it was kind of in the interest of expediency and it was in the interest of efficiency really to do it in this process, which I felt was a legal process and one that I think we could all agree to. And in fact, the parties agreed to do it that way. So unless you want to do it some other way, I think we should just hear the concerns of the Administration and then we can all express our issues. Mr. Torre: One thingl do want to add -- Chair Suarez: Sure. Mr. Torre: -- even though they do not have the bid protest right, we did meet with Global on a couple of occasions, heard their issues. We've met internally on a few occasions with our Legal and Procurement Departments. The integrity of the process is not in question. In our mind, everything was done -- Chair Suarez: Right. Mr. Torre: -- according. Chair Suarez: Thank you. Mr. Torre: Thanks. Chair Suarez: Is there anything else that you want -- either one of you want to put -- or the three of you want to put on the record with reference to your recommendation? Johnny Martinez (City Manager): Only that the Administration didn't take a hard line approach. They brought forward several items. I recommended deferral. It was approved by the Commission. Commissioner Sarnoff.. Right. Mr. Martinez: Subsequent to that, I met with the Global team to go over all their concerns. I felt that one of them merited further due diligence. I met with our attorney. I met with our Procurement Office, and it was clear that they felt that we didn't have a flawed process; that the integrity of the process was followed. Therefore, I came back to this Commission with my recommendation to award to the person that won it through the process. City ofMiami Page 86 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chair Suarez: Thank you. Any Commissioners --? Commissioner Carollo, would you like to make comments, questions? Commissioner Carollo: Yeah. The only thingl want to say -- andl don't know what the will of this Commission is, if it's to move forward and vote on this item now and move forward or not. Regardless, I do think that in the future, we should have a workshop with regards to our procurement process. Chair Suarez: Absolutely, absolutely. Commissioner Carollo: I think, you know, it's come up various times -- Chair Suarez: Yep. Commissioner Carollo: -- already. It keeps coming up, and l just think it'll be healthy to have, like I said, a discussion regarding our procurement. Chair Suarez: I couldn't agree with you more, Commissioner. And let me express some of the concerns thatl have just generally with our procurement. Andl would love to participate -- Commissioner Spence -Jones: Did we take a vote -- we took a vote --? Chair Suarez: No, we haven't yet. We haven't yet taken -- Commissioner Gort: No, we haven't. Chair Suarez: -- a vote on it. But I want to express some issues before we take a vote on it -- Commissioner Spence -Jones: Okay, no problem. Chair Suarez: -- if that's okay. First of all, I commend you because I think that's a great idea and I'd love to participate in it. I think we've been kind of getting there on a variety of different procurements, and we're seeing the frustration that happens when you're always given the information after the fact. I think our briefings on the procurements could also be a little better. And I'm not faulting anyone, but think we could go through how the committee was composed in our briefings, what was the scoring system, why did one person get scored this way based on the comments by the committee members, et cetera. I was told something -- and I'm not going to say who told me -- but I later found out that the information wasn't exactly the way I understood it. It doesn't mean it wasn't conveyed accurately, but the information was different from the way that understood it. And it would have been something that would have really changed a perspective. So that's one issue that I have. So there is some amount of misinformation from my perspective. There's no pre -review of our RFPs for us to give policy input, and think that's one of the things that the Commissioner's alluding to. We have different policy preferences. Maybe for us, price is a big factor, maybe it's not, depending on the circumstances. Maybe we want someone to submit one price; maybe we want them to submit a variety of prices. I think one of the things that I'm concerned about in the procurement process is at what point is the Administration empowered to negotiate with a party who hasn't yet been selected. Okay, that's a concern that I have. I was told there was no negotiations happening, and it turns out that there seem to have been negotiations happening. And then the third thing, which I brought up on a multitude of different procurements that has gone kind of unnoticed -- not unnoticed, but hasn't -- there's no action that's been taken on it -- is we have a lot of long-time vendors, people who have been doing business with the City ofMiami for ten years or longer. I think we need to figure out a way to be good business partners. And think when a procurement like that happens with a vendor that's -- they should have some sort of -- and I don't know how it can be done in a legal City ofMiami Page 87 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 fashion, procurement wise -- and that's what I would like to discuss -- that there should be some sort of recognition of the fact that they've been a long-time partner. That doesn't always necessarily mean that it's a good thing, but there should be some sort of recognition for that. We've dealt with that on a variety of different procurements here where sometimes we all know that the procurement process can be somewhat subjective because you have human beings looking at things, scoring things, and the scoring can be somewhat subjective. And when you -- you know, somebody could lose a procurement by a point, two points, three points. I'm not saying that's what's happening here. We're having a more broad discussion. But when someone's a long-time vendor, I think that should mean something. Anyhow, those are my comments, concerns. I don't know that they -- I'm going to follow the recommendation of the Administration on this particular one, but I sincerely hope that we do move forward with some sort of meaningful procurement review because if this continues, we're going to lose our reputation as a city that's worth doing business with. Anyone else? All in favor, signifi, by saying "aye." Commissioner Gort: What are we voting on? Commissioner Spence -Jones: You didn't vote yet. Chair Suarez: We're voting on accepting the Manager's recommendation. That's what the motion and the second was -- Commissioner Gort: Okay. Chair Suarez: -- made, if I'm not mistaken. Wasn't there a -- Commissioner Gort: Right. Chair Suarez: -- mover and a seconder? Commissioner Gort: Yes. Chair Suarez: All in favor, signifi, by saying "aye." The Commission (Collectively): Aye. Chair Suarez: It passes unanimously. Commissioner Spence -Jones: Mr. Chairman, I do -- Chair Suarez: Yes. Commissioner Spence -Jones: -- want to just add to what you just mentioned -- Chair Suarez: Thank you. Commissioner Spence -Jones: -- only two seconds. And you'll see it on my blue page item later on this afternoon, and that is I really want us to put some process in place on all these RFQs (Requests for Qualifications) and RFPs because we've been asking for that, you know. Proposed RFPs go out, RFQs go out, and then our full input is not included, andl know that's one of the things that we've been asking for, and next thing we know, there's an RFP, an RFQ out -- No, I'm not necessarily talking about on this item. I'm talking about other items -- and next thing we know, something's floating around about an RFP, an RFQ. So I just think it's really important that, you know, that is also included in this discussion. City ofMiami Page 88 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chair Suarez: I can promise you this -- andl will be a happy participant in the Commissioner's workshop -- but I promise you that out of that workshop, substantive legislation will arise that will address some of these issues. Thank you. Thank you. Commissioner Gort: I have that on my blue page also. Commissioner Spence -Jones: Oh, it's on your blue page? Commissioner Gort: So we all agreeing on that. Chair Suarez: S -- Commissioner Gort: My understanding is, I have been receiving the RFPs before they go out. I receive a couple of them already. Commissioner Spence -Jones: You have? Commissioner Gort: Yes, Commissioner Spence -Jones: So you -- Commissioner Gort: Thank you. Commissioner Spence -Jones: Okay. RE.12 RESOLUTION 12-00889 Coconut Grove A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Business ATTACHMENT(S), APPROVING THE RECOMMENDATIONS AND Improvement District PROPOSED AMENDED BUDGET OF THE COCONUT GROVE BUSINESS (BID) Board 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 Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo Chair Suarez: We have a time certain item at 10 a.m. of the Coconut Grove BID (Business Improvement District) amended budget. Is there anyone here from the Coconut Grove BID? Commissioner Gort: Yes. Carl Templer: Good morning. Commissioner Spence -Jones: Good morning. Chair Suarez: Good morning. You're recognized, sir. Please put your name and address and -- for the record, please. City ofMiami Page 89 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Mr. Templer: My name is Carl Templer. I'm the executive director of the Coconut Grove Business Improvement District, 3390 Mary Street -- Chair Suarez: Okay. Mr. Templer: -- Suite 130. Chair Suarez: Was there any --? Just that there was -- just a general deferral. Were there any specific questions at that time that they had to come back to us with? Commissioner Carollo: No. What I asked for is for them to -- Vice Chair Sarnoff No. Commissioner Carollo: -- provide a column side by side -- Chair Suarez: Last year versus this year? Commissioner Carollo: Right. And -- Chair Suarez: Or this year versus next year, I guess. Commissioner Carollo: Right. And what I'm doing is I'm looking at what we're going to be approving this afternoon or what I -- okay, what I assume we will be approving this afternoon, which is your budget for '13 -- Mr. Templer: '12-'13. Commissioner Carollo: -- and there you compare '12 to '13. However, the '12 that you have there does not match the comparison that you've given us or the spreadsheet thatl was given. If you see here, your amended budget total income shows 1,191, 000. You're showing total income 975, 500. Mr. Templer: Which exhibit, sir? It's upper right-hand corner. Commissioner Carollo: It is whatever's in the backup for the budget approval of '13. It shows the last year's and what you're asking to be approved for '13, and that is not matching what -- the amendments that we're doing right now. Mr. Templer: The amendments are for '11-'12. Commissioner Carollo: I understand. But you have a comparison of '12 -- '11-'12 to '13, which we were going to be approving for '13. However, the comparison of '12 to this amended '12 budget are not tying. I could show you the -- both documents provided by, I would imagine, you or -- Mr. Templer: Yeah. Commissioner Carollo: -- your organization. You know, can we table this so we could --? David Collins: With your permission, Commissioners? Chair Suarez: Yes, please. Mr. Collins: David Collins, 3230 Gifford Lane, Coconut Grove, Florida, past executive director City ofMiami Page 90 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 of Coconut Grove BID. I was under the understanding that this particular item, Commissioners, was for -- to consider the amended budget for '11-'12, which we've provided in detail. As for the FY (Fiscal Year) '13, I think that's this evening's item, BH.5, I believe. Commissioner Carollo: Let me clam a little bit more. Let me clam a little bit more. Mr. Collins: Thank you. Commissioner Carollo: In BH.13, which is coming this afternoon for the '13 budget, you have a comparison, a comparison of '12 to '13, so we could see the differences and so forth. Now that '12 is different from the '12 that we are now going to be asked to amend. So what I'm saying is, which is correct, what are the difference, why are the differences. You understand? Mr. Collins: Yes, sir. Commissioner Carollo: Okay, so -- Mr. Collins IfI may, we're working off item DJ, the consolidated financial statement for the current year, and that's the correct data. Commissioner Carollo: Could we table this so we could discuss it andl could compare? Because -- you have -- you're asking us to amend and here -- amend your '12 budget -- and here you're showing that your total income is 1,191,500. However, when we go tonight to BH.5, I think it is, whatever item it is to approve your budget, you now show a comparison of your '12 to your '13. Your '12 is not matching this amended budget. You're showing total income of 975, 500. So I want to make sure that we can, you know, tie all the numbers and see what went down, why did it go down and so forth. Commissioner Spence -Jones: And could l just ask -- 'cause I don't have a copy -- I don't know where you're look -- I don't have a cop -- Is this a new document? Commissioner Carollo: I don't know. I requested to have a side -by -side comparison of what's being amended and they provided it to my office. I don't know if they provided it to all the Commissioners or not. Commissioner Spence -Jones: Yeah. Can we just get a copy of whatever that is 'cause I have no --? I mean, I just want to be able to see what -- Commissioner Gort: Let me ask a question. Commissioner Spence -Jones: -- you're talking about. Chair Suarez: Yes, Commissioner. Commissioner Gort: You're making a comparison on the one we received about a week ago to the one here this afternoon, right? Commissioner Carollo: Well, even the one -- Commissioner Gort: It's a different -- Commissioner Carollo: -- that we received a week ago, realistically, is the one that we're going to be voting on this afternoon, so it hasn't changed. However, there's an amended budget now that should be the same as the comparison for tonight. City ofMiami Page 91 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Commissioner Gort: Right. Commissioner Carollo: Because, if not, in essence -- Chair Suarez: Here's my question, Is what we are amending -- because we're amending this budget. There's a difference between what we actually have in our current budget versus what we are amending. Is it that you have that actual -- what's the current budget in that comparison for next year 'cause we had not yet amended the budget? Mr. Collins: Right. The --IfI may, sir? Chair Suarez: Yes. Mr. Collins: The consolidated statement, which you all have -- and it is an 11-month statement, through end of August this year -- that is the accurate information and that consolidated statement was generated about a week ago to have it absolutely up to speed. There are several budgets that we work with, but the one that is -- that contains, Commissioner Carollo, the actual and the budget and the side -by -side comparisons is document D1, document D1, in front of you. Vice Chair Sarnoff. I think might be able to help. Mr. Collins: Okay, thank you. Vice Chair Sarnoff. What ended up happening was they took in more revenue than what they anticipated and budgeted for as a result of good practices. I think what -- and I don't have the document in front of me, but I'm going to ask that Commissioner Carollo -- I think what he's saying is based on -- you had provided to this Commission comparisons of the '11-'12 budget to the '12-'13 budget. The '11-'12 budget numbers reflect -- Chair Suarez: The current budget, not what's been amended. Vice Chair Sarnoff. -- right. They don't reflect -- Chair Suarez: Right, right. Vice Chair Sarnoff. -- the amended budget, which would -- Chair Suarez: It hasn't been amended yet. Vice Chair Sarnoff. -- show an enhancement -- Chair Suarez: We haven't amended it yet. Vice Chair Sarnoff. Right. Chair Suarez: Right. Commissioner Carollo: Okay. Vice Chair Sarnoff. So you're sort of asking -- Chair Suarez: Right. Vice Chair Sarnoff. -- a very difficult question. City ofMiami Page 92 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Commissioner Carollo: No, not really, because if you show what we originally approved and the amended side by side, you will clearly then see what the amendment is and what increased in revenue. Vice Chair Sarnoff. Well, I think what you're asking for -- Commissioner Carollo: Now -- Vice Chair Sarnoff. -- is for them to have -- I don't mean to step over you, butt might be able to help you. You're asking them for, What was your budget, what is your amendment, and then what is your '13-'14? Commissioner Carollo: Yes. And they provided that. However, it is erroneous to what they've provided for the information for tonight. It does not -- if what they're -- if what he's saying -- which I believe is what he's saying -- is that the reason why the budget comparison for tonight was because that was the original '11-'12 budget, then I should be able to see that original '11-'12 budget in this comparison that he's showing side by side of the original '11-'12 budget to the amended, and it's not. It's erroneous. Vice Chair Sarnoff. You're saying -- Commissioner Carollo: It's not tying. Vice Chair Sarnoff. -- they're not -- the numbers don't reflect or they just didn't do the comparison? Commissioner Carollo: They did a comparison, butl don't know what we're amending because the same numbers that he's showing as the original budget is the same numbers that he's showing as amended budget. However, when you compare the numbers of the original budget to what supposedly was the original budget that he's showing for the comparison to later vote on tonight, they are different numbers. They're not tying. And again, if we can table this, I could show exactly what I'm discussing. Vice Chair Sarnoff. All right, then let's table it. Commissioner Carollo: Okay. Mr. Collins: One of the confusing factors, Commissioner, is maybe that -- as we should have been doing since the outset, we -- in the new budget, we've included the capital expenditures below the line so that they're not reflected as part of the operating budget. That particular adjustment will affect, I believe, about $150, 000 as the eye looks at it. But if you look at the proposed budget, it's below the line for capital, and in last year's proposed budget, it was above the line. Commissioner Carollo: Again, I think we should table it and look at it. I know it may sound confusing, but it actually is not. It's pretty clear. So I would like to be able to tie the numbers before going forward, if possible. Commissioner Spence -Jones: So we're tabling it? Commissioner Carollo: Yeah, table. Chair Suarez: We're tabling the item until you've had an opportunity to have a discussion with the Commissioner. City ofMiami Page 93 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Commissioner Spence -Jones: And if he just could make sure the other Commissioners get a copy of that document. Chair Suarez: You got it. Commissioner Spence -Jones: I -- Chair Suarez: And obviously, whatever resolution comes of the meeting, you know, whatever documents are produced, if any, that reconciles the difference, we'd like to see that as well. Okay, guys. Thank you. Mr. Collins: May I ask more explicitly what exactly is wanted? Chair Suarez: You can ask him specifically. Mr. Collins: Okay. Chair Suarez: You can ask him -- Mr. Collins: Thank you, sir. Chair Suarez: -- specifically. Thank you. Commissioner Spence -Jones: 'Cause I'm -- David, I'm just a little -- maybe I just need to be clear of what you're asking for 'cause I don't really see what the -- Oh, I don't -- I just want to be clear -- Chair Suarez: Okay. Do you want --? Commissioner Spence -Jones: -- what it is -- Chair Suarez: Yeah. Just articulate real quick what it is -- Commissioner Spence -Jones: -- so we can look at it. Chair Suarez: -- specifically so that we can move on. Commissioner Carollo: I'll tell you what. I've tried to articulate -- andl know it's confusing. It's much easier just to show you. Commissioner Spence -Jones: Okay. Commissioner Gort: They got different numbers. Commissioner Spence -Jones: Okay. Commissioner Carollo: This is the original '12 budget that supposedly we approved. Commissioner Spence -Jones: Right. Commissioner Carollo: This is the amended. Commissioner Spence -Jones: Yes. Commissioner Carollo: Okay, this should be the difference. Okay, so this is now what we're City ofMiami Page 94 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 trying to approve -- Commissioner Spence -Jones: Right. Commissioner Carollo: -- but this is the original. Commissioner Spence -Jones: Right. Commissioner Carollo: Okay, when you compare the original -- Commissioner Spence -Jones: right. Commissioner Carollo: -- to their -- what they want to approve for '13 -- that'll be tonight -- 975 Commissioner Spence -Jones: Oh, I see. Commissioner Carollo: -- 19 -- 500. Commissioner Spence -Jones: Okay, I see what you're saying. You understand what he's saying? Commissioner Carollo: So we need -- Mr. Collins: Yes, and l just explained the discrepancy. (UNINTET,TIGIBT,F). Commissioner Carollo: Okay. If we could table the item -- Priscilla A. Thompson (City Clerk): I'm sorry. Commissioner Carollo: -- and make sure that (UNINTELLIGIBLE) -- Commissioner Spence -Jones: Oh, I'm sorry, Madam Clerk. Ms. Thompson: No. I -- we didn't get -- Commissioner Spence -Jones: We got to talk on the mike. Ms. Thompson: Yes. We didn't get -- Commissioner Spence -Jones: Okay. Ms. Thompson: -- Mr. Collins's comments on the mike. Chair Suarez: Mr. Collins, can you just reiterate what you said on the microphone, please? Mr. Collins: I said that was the exact discrepancy I just explained 30 seconds ago. Chair Suarez: Okay, thank you. Mr. Collins: Thank you. Chair Suarez: So now we will reconcile that discrepancy hopefully. Commissioner Carollo: And just real quick, I think the discrepancy is about 96,000. You were talking about 150, 000. No? City ofMiami Page 95 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Mr. Collins: It's on the page there, the amount. Commissioner Carollo: Okay, so -- Vice Chair Sarnoff So would you make -- Commissioner Carollo: -- like I said -- Vice Chair Sarnoff -- would you --? Commissioner Carollo: -- can we table it? Vice Chair Sarnoff Here's what I'm asking: Would you make 15 minutes for them, either at lunch or -- so that -- Commissioner Carollo: Absolutely. Vice Chair Sarnoff So he'll give you 15 minutes to go through it -- Mr. Collins: Thank you. Vice Chair Sarnoff -- and then you'll come back right after lunch. Mr. Collins: Okay. Chair Suarez: Sounds good. Mr. Collins: Thank you very much, Commissioner. Mr. Templer: Thank you. [Later..] Chair Suarez: I was told in the break that the Administration was withdrawing RE.12, which is the amended BID (Business Improvement District). Is that accurate? Commissioner Spence -Jones: Why? Chair Suarez: They were told -- I was told that they didn't need to amend the budget after all, so is that -- is everybody okay with that? I mean -- Commissioner Spence -Jones: I mean, what's the iss --? I mean -- District Commissioner, is there an issue with it? Vice Chair Sarnoff No. I -- they didn't change their budget. They changed their line items, so it does -- apparently, it doesn't need to come back to Commission. Commissioner Spence -Jones: Oh, okay. Chair Suarez: So is there a motion --? Do we -- Commissioner Spence -Jones: So -- Chair Suarez: -- need to withdraw it? City ofMiami Page 96 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 RE.13 12-00996 Department of Finance RE.14 12-00971 Vice Chair Sarnoff So move. Commissioner Spence -Jones: Second. Commissioner Gort: What's the -- Chair Suarez: Moved by the Vice Chair, second by -- Commissioner Gort: Wait a minute. What's the motion? Chair Suarez: The motion is to withdraw RE.12 -- Commissioner Gort: Okay. Chair Suarez: -- which is an amended budget for this current fiscal year for the BID. It's been moved and seconded. All in favor, signifi, by saying aye." The Commission (Collectively): Aye. Chair Suarez: Usually, withdrawals are not controversial, usually. Commissioner Spence -Jones: I know. Chair Suarez: Okay. I think everything else we had tabled. 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 Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort SEOPW Community Redevelopment Agency 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, City ofMiami Page 97 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 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 Commissioner Gort, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Sarnoff and Carollo Chair Suarez: RE.14. Commissioner Spence -Jones: Commissioner Carollo is going to make sure we get home at 10 o'clock tonight. Chair Suarez: Yeah, absolutely. I think that's a good target. I think -- we still have to beat the County. Commissioner Carollo: Don't forget last meeting -- Chair Suarez: Who asked the questions? Commissioner Carollo: Don't -- let's -- Commissioner Spence -Jones: No. I did all of mine so that you'll -- Chair Suarez: There we go, there we go. Commissioner Spence -Jones: Listen, I did all of my questions last meeting to make sure we didn't come to the last meeting -- Chair Suarez: That you didn't do it this -- Commissioner Spence -Jones: -- asking a million and one -- Chair Suarez: Andl have an interesting strategy, which is to put my three months of due diligence on the record -- Commissioner Spence -Jones: Right. Chair Suarez: -- in terms of all the writings of back and forth. Commissioner Spence -Jones: Right, and that was a beautiful strategy. Chair Suarez: Thank you. Commissioner Spence -Jones: But I want to make sure that we all did that in some capacity. Chair Suarez: Thank you. Okay, RE.14. Let's not get off track here. City ofMiami Page 98 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Commissioner Spence -Jones: Yeah, I think we're withdrawing it. Chair Suarez: You're withdrawing that? Okay. You want to -- Do we have to make a motion for that, Madam Clerk? Is there a motion to withdraw? 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: RE (Resolution) -- Commissioner Carollo: I (UNINTELLIGIBLE) Commissioner. Chair Suarez: Okay, there you go. RE.14 is withdrawn. RE.15 RESOLUTION 12-01031 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "FY 12 SOLVING COLD CASES WITH DNA," CONSISTING OFA GRANTAWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, IN THE AMOUNT OF $500,000; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER DOCUMENTS NECESSARY TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF THE GRANT AWARD. 12-01031 Summary Form.pdf 12-01031 Memo - Emergency Item.pdf 12-01031 Legislation.pdf 12-01031 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0352 Commissioner Spence -Jones: But can we go to my --? I think have some items as well, another item, an -- RE.15. Chair Suarez: Let's go for it, 15 and 16. Commissioner Spence -Jones: Okay. Chair Suarez: See, I'm going to get you back, let you do RE.15 now. City ofMiami Page 99 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Commissioner Spence -Jones: Okay, 15 and 16. I think 15 is a DOJ (Department ofJustice) thing. That's Department of Police, and then mine is 16. Chair Suarez: Correct. Commissioner Spence -Jones: So I don't know if there's anybody for police for 15. Police? Chair Suarez: Do you want the money? Chief Manuel Orosa (Police): I thought we were in P&Z (Planning & Zoning). My apologies. Chair Suarez: We were a second ago. Chief Orosa: Okay, my apologies. Basically, this is a renewal of a grant we have from the Department of Justice that last time around we got $415, 000. This time we're at half a million. And it's basically dealing with the process of investigating DNA (Deoxyribonucleic Acid) that we have in our evidence vault from old cases and bringing them forward towards prosecution. Or, if we don't discover any DNA, we can put those cases at rest, that there's nothing else we can do with them. The money, it goes to pay overtime to pay officers and to pay the lab. Chair Suarez: Okay. Is there a motion on RE.15? Commissioner Spence -Jones: So move. Vice Chair Sarnoff Second. Chair Suarez: Moved by Commissioner Spence -Jones, second by the Vice Chair. Any further discussion? Hearing none, all in favor, signify by saying "aye." The Commission (Collectively): Aye. Commissioner Spence -Jones: Andl do have a discussion. Chair Suarez: On 15 or 16? Commissioner Spence -Jones: Yeah, Chief. Chair Suarez: Okay. Commissioner Spence -Jones: 15. So, Chief you know -- I know you know we just got back from D.C. (District of Columbia) with the Department of Justice, kind of meeting with them on several different issues. And most -- basically was more centered around the community policing part of it. I believe DOJ has dollars set aside for just community policing, intervention/prevention type programs. Chief Orosa: Okay. Commissioner Spence -Jones: Andl know that we have not really filed for those type of grants in the past. And I just want to -- I don't know if you guys use the City's grants department or you use somebody on staff that focuses on what grants you go after, but I do know that in that meeting with DOJ, they mentioned that we had not really gone after the community policing grants; that we have gone after the grants for additional officers, which we need to continue to do that. City ofMiami Page 100 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chief Orosa: Right. Commissioner Spence -Jones: But we know how bad we need the intervention/prevention related dollars. So who does the -- who goes after the actual grants? Is it a City grants thing or is it something you guys do in-house? Chief Orosa: Actually, we have both. Lillian Blondet goes after grants, and we have a lady by the name of Maria Gonzalez -- Commissioner Spence -Jones: Okay. Chief Orosa: -- that manages all our grants, and she goes after grants. Commissioner Spence -Jones: Grants too. Chief Orosa: So we try to -- with both of those individuals, we try to catch as many grants as we can. Commissioner Spence -Jones: Okay. Chief Orosa: But we'll look into those specific grants. Commissioner Spence -Jones: Okay. Chief Orosa: I do not know if because of the COPS (Community Oriented Policing Services) grant, we're not entitled to go after -- Commissioner Spence -Jones: No. She said you -- we're more than open to it and especially since -- Chief Orosa: Okay. Commissioner Spence -Jones: -- we've had over -- just Miami -Dade County has had a lot of these gun -related shootings, that we clearly have the opportunity to, you know, go after some of those dollars. So I just want to make sure that we go after the prevention side of it as well. Chief Orosa: Yes, we will. Commissioner Spence -Jones: Thank you. Chair Suarez: Thank you. Chief Orosa: Yeah. What I'll do, Commissioner, is every two months I'll -- I'll go back now and get you the last five individuals that we have arrested for doing shootings, and we will do a -- like a dossier on their history and, moving forward, everything that happens -- Chair Suarez: In the case. Mr. Orosa: -- in the case. Vice Chair Sarnofff. But would you put it on the agenda, 'cause I'll -- for my blue page? Chief Orosa: Sure. Commissioner Spence -Jones: Yeah. City ofMiami Page 101 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Vice Chair Sarnoff 'Cause I bring up -- I'm going to -- you know, I'm still bringing up how your hiring is going. I just want to know is it a police issue. Do we have enough cops? I suspect we probably have close to enough. Is it a criminal justice issue? Is it a prison issue? Is it a rehab issue? Is it --? I mean, I feel like I'm on a hamster wheel, andl don't think anybody here wants to perpetually be on this hamster wheel; and if it's a three prong approach, great. If it's not, so be it. I used to think it was a prison issue -- a jail issue. I should say it correctly. It was a jail issue at one time. Then I was told about two years ago, there's been room in the jail for the past two years. So I just want to be able to track these guys. I want to see what is going on with them. I know what CFTS means, credit for time served, andl know what a withhold adjud (adjudication) means. Andl know exactly when you withhold adjudication -- How is it three strikes you're out? Well, when you get a withhold adjudication, you don't get up to bat, you never get to swing because the judge has withhold adjudication, which means -- Chief Orosa: Right. Vice Chair Sarnoff -- if it was a gun charge, it doesn't really matter. Chief Orosa: And, unfortunately, some of these individuals are juveniles that we hope are going to be tried as an adult, but the first time you get tried as an adult, your record gets clean from being a juvenile. So, for example, if we have an individual that's 16, commits a shooting, and he's got a long history of arrests but he's never been adjudicated as an adult, at this shooting he'll be adjudicated as an adult, but then he doesn't have a record. So they're more likely to allow him to get some type of rehab and probation and let him out than anything else. Vice Chair Sarnoff But are you saying that the judge does not see his juvenile record? Chief Orosa: When they get adjudicated as an adult, the juvenile records should not count towards -- Commissioner Gort: The decision. Chair Suarez: Punishment. Vice Chair Sarnoff An enhancement. Chief Orosa: -- his decision. Excuse me? Vice Chair Sarnoff Towards enhancement. Chief Orosa: I'm not sure towards enhancement or -- Vice Chair Sarnoff Or whether -- Chief Orosa: -- the decision itself. Chair Suarez: Can I ask a question, Chief? Is there cases where someone is involved in a shooting -- I'm assuming the charge would be either attempted man -- at the very minimum, attempted manslaughter, if it was heat of the moment or something like that -- Chief Orosa: Okay. Chair Suarez: -- more likely attempted second degree murder or attempted first degree murder. Is there situations where they're actually withholding adjudication for people who are charged with those crimes? City ofMiami Page 102 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chief Orosa: Very rarely. Chair Suarez: Okay, was going to say. Chief Orosa: More than likely, what'll happen is that, for some reason, the case gets dropped because the victim doesn't come in, the witnesses -- Commissioner Gort: Yeah. Chief Orosa: -- don't come in; and then we try our best, with the State Attorney's Office, to go collect the victim, go collect the witness and try to force them into court. But in the middle of a trial, if they don't show up -- Chair Suarez: Right. Chief Orosa: -- there's -- Chair Suarez: It's pretty bad. Chief Orosa: -- not much time to go collect them before they get dismissed. But I will do that workup for you, and I'll provide it to you every two months, and we can put it in the agenda. Vice Chair Sarnoff. I just want to see -- because the agenda gets everybody's attention, even not us on the dais. Commissioner Spence -Jones: Yeah. Vice Chair Sarnoff. So -- Chair Suarez: Yeah. Vice Chair Sarnoff. -- everybody will start following Paul Smith. That's a nice, famous guy. And Paul -- let's say Paul Smith was the guy that happened to do the shooting. Let's find out what happens to Paul Smith. Chief Orosa: Okay. Commissioner Spence -Jones: Andl think that might be great, because one of these issues that we've been talking about -- andl want to at least acknowledge your staff or Dennis -- Dennis, can you please stand. Dennis is actually the cochair of our new alliance that we've created, Alliance Against Violence, and it's to bring the ministers, the organizations -- I see Demetrius in the back with Peace in the Hood. It's designed to bring all of these organizations -- football-based programs -- for us to have a united approach with how we address this violence issue. We can have police. You know, that's a big part of it. But until the community stands up and starts to communicate who's shooting -- because a lot of these shooters know and the individuals -- Commissioner Gort: They know who they are. Commissioner Spence -Jones: -- doing these crimes, they know each other, you know. And what we're trying to do is really, really push to have them understand the power of them communicating. 'Cause even though it doesn't affect you today, somebody in your family could be in that same situation later on. So what we're trying to do is empower this group. Andl appreciate you, Chief beyond just your normal duties of making sure we have law enforcement, City ofMiami Page 103 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 you joining the efforts and supporting this effort to make sure that this alliance takes place. And I'm going to ask the City Manager -- and didn't before. You weren't really all that involved, but I definitely would like to see you become -- your office become a little bit more involved in the Alliance Against Violence, because it is something that's affecting -- it may be affecting my district, but it, you know, can clearly affect others' districts as well. So I just wanted to at least acknowledge you, Chief and acknowledge Dennis for his work. Andl see Peace in the Hood in the back. And we've been working hard to make sure we bring a lot of attention to this matter. We are getting ready to do a school -wide tour, starting in October, against violence to make sure our high school students understand that, you know, guns aren't an option. So I just wanted to at least make sure that happens. I got to ask this in closing. First 48 Hours [sic], is that still happening or no? Chief Orosa: We are negotiating, for lack of a better word. Commissioner Spence -Jones: Okay. Can I ask you on a --? 'Cause I can go out -- I went to Washington, DC (District of Columbia), for -- and to the DNC. And it's really kind of embarrassing, but you know, I introduced myself as the district Commissioner for the City of Miami. Oh, what -- what area you represent? Oh, I said Liberty City and Overtown. Do you know the first -- at least on three different occasions? Do you know what they said? Oh, you're the one that's -- your district is always on First 48 Hours [sic]. I mean, that is like not a good thing to be known for. Chief Orosa: And -- Commissioner Spence -Jones: That's how they described me in the district I represent so -- and it's not that have a problem with the First 48 Hours [sic], but do want to say that think that they need to take greater responsibility by giving back. So I'm just going to ask, in the midst of your negotiations, Chief that you ask them, just like any other television production -- and believe me, they make a lot of money. Because First 48 Hour [sic] has been on -- I don't know, but it's has to been on at least more than five years. If we can negotiate in there anywhere for there to be some dollars to go back into prevention, even if it goes into LETF (Law Enforcement Trust Fund), we got to be able to do that because they're making a lot of money off of the victims in our districts. So I would like to ask that we include that in your negotiations. Chief Orosa: Commissioner, I guess you were reading my notes here. What we have offered to them is if we continue to show that per show, they will donate -- and it's up to negotiation, the amount -- back to PAL (Police Athletic League). And PAL will be funding programs in the community, in the parks for children and -- to keep kids out of trouble. So that's part of our first comment to them. We love having you here, but you know, you've been free for so much time; now it's time to give to PAL a little bit, which PAL really needs the money as well. Commissioner Gort: And educate the community. Commissioner Spence -Jones: I know. Commissioner Gort: We have a responsibility also. Now let me ask you a question. There's a lot of cars that are being broken into. Out of those, how many you get report, more or less, the guns were stolen out of the car? Quite a few. Chief Orosa: Quite a few, yeah. I would have to go back and take a look at that. Commissioner Gort: Which is a responsibility that we need to have. If we own a gun, you got to make sure you keep it safe -- Chief Orosa: Correct. City ofMiami Page 104 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Commissioner Gort: -- keep it away from people. Chief Orosa: Correct. Commissioner Gort: Now the other question is the Gore bill. My understanding is, if a person's caught with a crime -- with a gun, automatically they get `X" amount of years automatically. Chief Orosa: Once they're convicted, yes. Commissioner Gort: Okay. Commissioner Spence -Jones: Just -- I would just like for you to, in negotiations, open up beyond PAL because there are a lot of other organizations that are doing grassroots things that can touch some of these kids that are in the gangs. PAL's kids are great, andl think we need to continue to do that, but we need to also get those kids that are really, really on the edge that may have been first- or second -time offenders, but we can still turn those young people around as well. Chief Orosa: Well, we could -- what we can do is have a portion of the money go to PAL and a portion go to LETF. Commissioner Spence -Jones: Yeah. Chief Orosa: And then through LETF we can -- Commissioner Spence -Jones: Yes, I would like that. Chief Orosa: -- supply it to community -based organizations to help with the kids. Commissioner Spence -Jones: Okay. Thank you very much. Chair Suarez: Thank you, Chief. Commissioner Spence -Jones: And thank you for your patience, guys. Chair Suarez: No, please. Commissioner Spence -Jones: Thank you, Chief. Chair Suarez: Have we voted on it already? Commissioner Gort: It's a very important issue. Chair Suarez: No vote? Commissioner Gort: Affects everybody. Chair Suarez: It's been moved and seconded. All in favor, signifi, by saying aye." The Commission (Collectively): Aye. RE.16 RESOLUTION 12-01025 City ofMiami Page 105 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Districts- A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY URGING Commissioner THE FLORIDA LEGISLATURE TO AMEND THE JOE CARLUCCI UNIFORM Michelle FIREARMS ACT (FLA. STAT. 790.33) AND ALLOW LOCAL GOVERNMENTS Spence -Jones TO CONSIDER THE ENACTMENT OF APPROPRIATE STRICTER FIREARM CONTROL MEASURES TO ENSURE THE SAFETY OF THEIR CITIZENS AT CITY PUBLIC PARKS AND CITY PLAYGROUNDS FOR PURPOSES MORE SPECIFICALLY STATED HEREIN; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS STATED HEREIN. 12-01025 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0353 Commissioner Spence -Jones: Andl think you could stay up for the next one, too. Chief ManuelOrosa (Police): Excuse me? Commissioner Spence -Jones: You could stay up for the next one. Chair Suarez: RE.16, go ahead, Commissioner. Commissioner Spence -Jones: So, on RE.16, I just really wanted -- I think might have mentioned this in our last -- Chair Suarez: Meeting. Commissioner Spence -Jones: -- meeting and this was in reference to a resolution that we wanted to bring. I'm sure you guys already know, in my district alone in the last 30 days, between the DNC (Democratic National Convention) and the Black Caucus events, which has happened over the last 30 days, I've had at least 20 shootings in my district. That's almost close -- Chair Suarez: In the last month alone? Commissioner Spence -Jones: Yeah. That's almost a shooting per -- Chair Suarez: Day. Commissioner Spence -Jones: -- day. Chair Suarez: Yeah. Commissioner Spence -Jones: And I'm not taking anything away from police 'cause I really do believe that it is beyond just a police issue. It's a community issue and it's a guns issue. The guns are just out of control. It's amazing. It's almost as if a kid could get a gun a lot faster than they can get anything else. Andl understand that, you know, during -- sometime -- about four or five months ago, we had to vote on an item regarding the issue of the guns. And as a part of the whole state -mandated issue, we had no choice but to vote on this issue. But what I'm asking in this particular resolution -- and know that we've had this discussion with the Chair and I've asked the Chair to kind of take the leadership -- City ofMiami Page 106 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chair Suarez: Yep. Commissioner Spence -Jones: -- role on this, with -- I believe it's -- is it Senator Fresen or -- Chair Suarez: Yeah. Commissioner Spence -Jones: -- State -- Chair Suarez: It's State Representative Erik Fresen. Commissioner Spence -Jones: And he's agreed to, you know, kind of carry it on the -- Chair Suarez: I'm going to -- Commissioner Spence -Jones: -- Tallahassee side. Chair Suarez: Right. Commissioner Spence -Jones: And Oscar Braynon has, on the Senate side, decided to carry it as well. But I really wanted to ask for my fellow Commissioners -- 'cause the gun situation, the violence situation is -- I don't -- at this point, I don't even know what to -- what else to do. It seems like as soon as we get to the point where we're making progress, you know -- And Chief you may want to speak on it. But you know, we get -- you know, a AK-47 shooting, two young people, Optimist kids, you know, that are watching football getting shot in their own houses. This is -- you know, it is like, you know, a little mini Iraq. So I just -- I think that we've come up with a great plan and wanted to at least mention that. The Chief we pulled a great meeting together with our alliance this past Tuesday with three different cities: the City of North Miami and the City ofMiami Gardens. Chief Orosa: Miami Gardens. Commissioner Spence -Jones: 'Cause, apparently, the gang activity is actually going between -- I guess it's happening between all three cities. Chief Orosa: Correct. We -- Commissioner Spence -Jones: I don't know if you want to speak on it. Chief Orosa: -- have a lot of interconnected crimes between those three cities. And we do a good job investigating, and we do a good job of coordinating. But I think more has to be on the education focus of kids and guns. And when I mean kids, I mean young adults up to the age of twenty something. As a parent, I still think that in your 20s, you're still a kid. But they're prevalent. They're easy to get. Somebody with a clean record can pay somebody -- somebody with a dirty record can pay somebody with a clean record. They go buy a gun, and all of a sudden, the gun is turned over to the criminal and they go about doing whatever they want to do with the gun. And it's unfortunate that our laws are the way they are. Andl support your commitment to try to curtail people having guns in city parks that are meant for children. So I applaud your effort. Commissioner Spence -Jones: Yeah. Andl think that -- 'cause one of the issues -- and we know the NRA (National Rifle Association) has been a big, you know, proponent of the whole gun issue. But there's -- as you stated in the meeting we had the other day, Chief you know, there's a big difference between a state park that you go and shoot -- City ofMiami Page 107 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Commissioner Gort: Yeah. Commissioner Spence -Jones: -- deer in and a city park where you have young people that are coming to watch a football game. There's really no need to have a gun in a city park. Chief Orosa: Right. And like I mentioned to you that day, it's -- you know, Florida is actually like two Floridas: you have the big -city Florida, and then you have the country Florida. In the big city, you have parks for children and stuff like that. In the country Florida, you have parks where people go hunt. So when the Legislature creates one law, it has to encompass everyone. But I do not believe they really think sometimes that in a kiddie park, it's okay to have a gun. So that's the unfortunate part of not delineating what type of park can have a gun and which one cannot have a park [sic]. So like I said, I applaud your efforts and whatever support I can give, I'll be more than happy. And one -- Commissioner Spence -Jones: Sure. Chief Orosa: -- piece of good news: the alleged shooter of Gibson Park was apprehended this -- today. Chair Suarez: Fantastic. Commissioner Spence -Jones: Very good, very good. Andl know you also caught two or three others as well -- Chief Orosa: Yes. Commissioner Spence -Jones: -- from these other shootings. So -- and I'm not -- I want to definitely make sure I don't -- I'm not shining any negative light on the police department. Yes, I'd like to see more done. Of course, we always want to see more. But we also know that our resources are very tight as well. But I appreciate your leadership, Chief on really, you know, reaching out to the other departments or other cities to figure out ways for us to share information and find solutions. So basically, in a nutshell, this resolution urges the state legislative [sic] to allow local governments the opportunity to reenact [sic] forceful and effective ordinances designed to curb the alarming escalation of tragic firearms and shootings at our city parks. So I'm just asking for you guys to join us in this 'cause I believe that we can make some pretty good, valid points on this issue. And again, I'm not telling them not to keep, you know, the state law in place. I'm just asking for them to make some slight adjustment. So I just want to know that have your support in doing that. Chair Suarez: Absolutely. Commissioner Gort: I believe, from the beginning we didn't want to vote for it, but we were told you had to vote for it. Because I agree with you: I think we -- guns should not be in park. And I'll -- you'll have all my support, and I'll call the legislator that know to make sure that we pass it. Commissioner Spence -Jones: Thank you. Chair Suarez: I agree. Andl think there are ways to legislate and create distinctions, either based on population for a city or based on some other legally defensible criteria. So I'm assuming that's a motion? Commissioner Gort: Yes. Commissioner Spence -Jones: Yes, that's a motion. City ofMiami Page 108 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Commissioner Gort: Second. Chair Suarez: And a second. Commissioner Spence -Jones: Second. And then -- Chair Suarez: I will -- Commissioner Spence -Jones: You're taking up the -- Chair Suarez: Yes. Commissioner Spence -Jones: I'm officially turning it over to you? Chair Suarez: You got it. Commissioner Spence -Jones: Okay. Chair Suarez: After we vote on this, it's mine. Commissioner Spence -Jones: Yes. Commissioner Suarez: All in favor -- Yes, sorry. Vice Chair Sarnoff Can we do something -- Chair Suarez: Mr. Vice Chair. Vice Chair Sarnoff -- else, Chief? Can we follow a number of these people who get picked up, and can you provide to us every two months an update at Commission meeting as to what their criminal status is, what judge they're in front of what the outcome of their case is? Chair Suarez: Why don't we just pick one person? Vice Chair Sarnoff Well, I think we should pick, number one, the guy who did the shooting -- Chair Suarez: At Gibson Park. Vice Chair Sarnoff -- at Gibson Park. But I don't know if I just want to follow one. Chair Suarez: Yeah. Vice Chair Sarnoff You've had 21 shootings or 20 shootings, you said, Commissioner? Chair Suarez: In the last month, yeah. Commissioner Spence -Jones: Close to 20, yeah. Vice Chair Sarnoff So I'd like -- Chief Orosa: What -- Vice Chair Sarnoff -- to see -- if you've picked up five people, you know, I'd like to know, He was arraigned on this day, Commissioner. The judge granted him bail of $400 to get out of jail City ofMiami Page 109 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 that day. Five days later, he was picked up on stolen property charges. He was, you know, given Chief Orosa: I'll -- Vice Chair Sarnoff -- $500 bail that day. The judge let him out. I want to follow this -- Chair Suarez: But -- Vice Chair Sarnoff -- because my theory is -- andl go back to your former assistant chief of police, Frank Fernandez, and a bet that he had with me, andl never won the bet. He says, You show me a guy I haven't arrested, andl'll take you out to dinner. And never once didl collect on that bet because everybody who did a shooting in Miami had been arrested on the average of 27 times. END OF RESOLUTIONS BOARDS AND COMMITTEES BC.1 RESOLUTION 12-00949 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS ELECTED MEMBERS OF THE OAB/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Betty Clayton Elected Derek Cole Elected Ultrina Harris Elected Fred Mims Elected Andrea Rogers Elected 12-00949 OAB CCMEMO.pdf 12-00949 OAB Current_Board_Members.pdf 12-00949 OAB Certification- Election.pdf 12-00949 OAB Memo to HM and Commission - OAB Election Results from Aug 15, 2012.pdf 12-00949 OAB Nomination Applications for Elected Members.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-12-0371 Commissioner Spence -Jones: Do you want to do the board appointees? City ofMiami Page 110 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chair Suarez: For later. Commissioner Spence -Jones: I think we only have one. Chair Suarez: I don't think we have any board appointments in this -- Are we going to do discussion items or not today? Mine is about the financial condition. I think the whole day is dedicated to that subject, so I don't think need to do that one. Priscilla A. Thompson (City Clerk): Okay, Chair, may I -- Chair Suarez: Yes. Ms. Thompson: -- interrupt? Chair Suarez: You may. Ms. Thompson: You do have PH (Public Hearing) -- Chair Suarez: Just one more time, though. Ms. Thompson: PH.2 you have there, okay. Chair Suarez: Yes, but we tabled that. Ms. Thompson: Okay. Chair Suarez: One of the Commissioners is not here. Ms. Thompson: All right. And then -- Chair Suarez: He's the one that actually asked for it to be tabled. Ms. Thompson: -- your RE.16, we just finished with that. Chair Suarez: That's correct. Ms. Thompson: Yes, you do have board appointments today, but we do -- I think we need -- Chair Suarez: I don't see them in our -- I don't see them here. Ms. Thompson: Okay. You do -- I'm sorry. That's right, it's on the OAB (Overtown Advisory Board). So if you would like, we can handle that, the Overtown Advisory Board, the elected -- Chair Suarez: Okay. Ms. Thompson: -- members and the appointed members. Chair Suarez: Oh, my apologies. You're right, there is a couple. Ms. Thompson: Okay. Chair Suarez: BC.1 Commissioner Spence -Jones: Okay. All right. Yes, I have some appointments for Overtown, but City ofMiami Page 111 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 I just want to make sure. Did we do the issue with the mural on the side of the wall? Chair Suarez: Not yet. We're -- Commissioner Spence -Jones: Oh, okay, you're going -- Chair Suarez: I think that was tabled. Commissioner Spence -Jones: -- to wait for him to come in? Chair Suarez: Yeah, yeah. Commissioner Spence -Jones: 'Cause I still have to -- I haven't had -- Chair Suarez: You got it. Commissioner Spence -Jones: BC.1 is me. Want to take a break before we go to budget? Chair Suarez: Yes, we can. Commissioner Spence -Jones: Great. Chair Suarez: I need -- I have a 4 o'clock meeting that have to be at. Commissioner Spence -Jones: Okay, I got you. BC.1 Chair Suarez: Okay, BC.1. Do you have a -- who's --? Ms. Thompson: If we can let -- Todd's going to give you the history on that. Chair Suarez: Thank you. Please do. Todd Hannon (Assistant City Clerk): Briefly, BC.1 is a resolution that requires Commission ratification of five elected seats to the Overtown Advisory Board. Five people qualified as candidates for the five available elected seats, and per Miami City code, Section 16-8, an election is not required. So as a result, the five people that qualified should be declared elected. And for the record, the five elected members are Betty Clayton, Derek Cole, Ultrina Harris, Fred Mims, and Andrea Rogers. Chair Suarez: Okay. Do we have to make a motion to ratify this? Mr. Hannon: Yes, sir. Chair Suarez: Okay. Mr. Hannon: Is there a motion? Chair Suarez: Okay. That's what I'm looking for. Ms. Thompson: Yes. As you -- Commissioner Spence -Jones: There is -- I -- Mr. Hannon: Ma'am, yours will be -- City ofMiami Page 112 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Commissioner Spence -Jones: So moved. Mr. Hannon: -- for BC.2. Commissioner Gort: Second. Mr. Hannon: So BC.1 is just for the elected members. Chair Suarez: I understand. Mr. Hannon: Okay. Chair Suarez: We're on BC.1. Is there a motion? Would you like to --? Commissioner Spence -Jones: So moved. Commissioner Gort: Second. Chair Suarez: Moved and seconded. Do you want to discuss it, Commissioner? Commissioner Spence -Jones: I just want -- you know, I really want to sit down with the City Manager, you know, just on this board so we could really have a clear understanding of what the direction is and what we're doing. And quite frankly, it's really my fault. This last year has been about me catching up, but I really -- we really need to just reevaluate where we are with the board and how we're moving. So I don't know, Mr. Manager, you've been having a City staff attend these meetings or is there a City attorney attending these meetings, the Over --? Maria J. Chiaro (Deputy City Attorney): The City Attorney attends the meetings upon request. When there are legal issues, the -- there is a representative from the CityAttorney's office, an attorney present. Commissioner Spence -Jones: Okay. So I'm going to go ahead and move the item, but I do want us to have clarity of what we're doing with the board. Chair Suarez: Okay, it's been moved and seconded. All in favor, signift by saying aye." The Commission (Collectively): Aye. BC.2 RESOLUTION 12-01022 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE OAB/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Irby McKnight Mayor Tomas Regalado Andrea Copeland Commissioner Michelle Spence -Jones Brother Lyle Grandison Commissioner Michelle Spence -Jones Sherese James -Dalton Commissioner Michelle Spence -Jones City ofMiami Page 113 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Reginald Munnings Commissioner Michelle Spence -Jones Martha Whisby Commissioner Michelle Spence -Jones Brandi Johnson Commissioner Michelle Spence -Jones (Youth Member) 12-01022 OAB CCMEMO -Appointed Members.pdf 12-01022 OAB Current_Board_Members.pdf 12-01022 OAB Qualifying Chart.pdf 12-01022 OAB Applications. 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-12-0372 Chair Suarez: BC.2. Todd Hannon (Assistant City Clerk): BC.2 is a resolution that requires appointments to the Overtown Advisory Board. Mayor Regalado has one appointment to make and will be appointing Irby McKnight. Commissioner Spence -Jones has six appointments to make, with one of those appointments being a youth member appointment. And Commissioner Spence -Jones will be appointing Andrea Copeland, Brother Lyle Grandison, Sherese James -Dalton, Reginald Munnings, Martha Whisby. They will be regular members of the Overtown Advisory Board. And Brandi Johnson is being appointed as a youth board member to the Overtown Advisory Board. Is there a motion? Commissioner Spence -Jones: So moved. Chair Suarez: It's been -- Commissioner Gort: Second. Chair Suarez: -- moved by Commissioner Spence -Jones, second by Commissioner Gort. Commissioner Spence -Jones: Okay. And l just want to be clear. On this particular board, is this board subject to sunshine as well? Mr. Hannon: Yes, ma'am. They do, you know, advertise their meetings. Chair Suarez: All in favor, signift, by saying aye." The Commission (Collectively): Aye. END OF BOARDS AND COMMITTEES PART B: PLANNING AND ZONING ITEMS Chair Suarez: Good afternoon, ladies and gentlemen. Unfortunately, we don't have a quorum at this precise moment. We're going to try to make some productive use of our time regardless. So City ofMiami Page 114 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Madam Attorney, would you read --? Can we open the P&Z (Planning & Zoning)? Priscilla A. Thompson (City Clerk): Yes, sir. It's 2 o'clock. Chair Suarez: Thank you. Maria J. Chiaro (Deputy City Attorney): P&Z items shall proceed according to Section 7.1.4 of the Miami 21 zoning code. Before any PZ item is heard, all those wishing to speak will be sworn in by the City Clerk. Staff will briefly describe each item as it is heard. The members of the City Commission shall then disclose any ex parte communications. The appellant or petitioner will then present the request or may waive the right to an evidentiary hearing. The order of presentation shall be as described in the City Code. Members of the public will be permitted to speak on certain petitions. The City ofMiami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to a requested action. Any documents offered to the City Commission that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record only at the City Commission's discretion. Chair Suarez: Thank you, Madam Attorney. Unfortunately, we still don't have a quorum, so I guess what we'll do is we'll stand in recess until 2:30. We have a time certain item at 2:30, but at 2:30 we'll try to get some of the P&Z items -- I think it's -- I believe it's half of the P&Z agenda -- continued or deferred. Andl apologize to the members of the audience who are here expecting the meeting to start at 2. This is a budget meeting, so there's a little bit of additional work and things that are being done by Commissioners right now in their respective offices. So thank you for your patience. We're in recess until 2:30. [Later... Chair Suarez: (UNINTET,TIGIBT,F) gentlemen, I thought we had Commissioner Gort. I thought we had Commissioner Gort, who came out here. No. I thought he was out here. They're rebelling against the Chair. No, I could have sworn I saw Commissioner Gort out here a second ago. Anyhow, my -- there we go. Ms. Thompson: Chair, would you like for me to go ahead and do our swearing in, Chair? Chair Suarez: Sure, please do. Ms. Thompson: Good afternoon, ladies and gentlemen. If you are here in the chambers and you will be speaking on any P&Z item, I need you to please stand and raise your right hand so I could administer the oath to you. Raise your right hand, please. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Chair Suarez: Thank you, Madam Clerk. Yeah, we're going to get some PZs out of the way, mostly deferrals. Mr. Garcia, you're recognized on the PZ items. Francisco Garcia: Thank you, sir. For the record, Francisco Garcia, Planning and Zoning director. Of the eight Planning and Zoning items on the agenda today, there are four that we would like the Commission to consider for continuance or deferral, as the case may be. Chair Suarez: Thank you. City ofMiami Page 115 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Mr. Garcia: These would be PZ.2, PZ.4, PZ.5, andPZ.8. Chair Suarez: Wait, wait. Can we start again, please? Mr. Garcia: Yes, sir. PZ.2 -- Chair Suarez: Um -hum. Mr. Garcia: -- PZ.4 -- Chair Suarez: Right. Mr. Garcia: -- PZ.5 -- Chair Suarez: Right. Mr. Garcia: -- andPZ.8. Chair Suarez: All right. Mr. Garcia: Of those four, only PZ.4 is a City application. The other three are private applications. So what we would do is we would request that item PZ.4, which is the amendment to the zoning ordinance for watercraft, be continued until the next P&Z meeting, that being the one in the -- Chair Suarez: That's fine. Mr. Garcia: -- month of October. Chair Suarez: Okay. Mr. Garcia: And as pertains to the other three items, PZ.2, PZ.5, and PZ.8, those are the vacation and closure of Curtis Lane -- that's PZ.2 -- part of Curtis Lane, I should say; item PZ.5 is a zoning change -- a proposed zoning change at 3701 North Miami Avenue, approximately; and item PZ.8 is a HEP (Historic and Environmental Preservation) Board appeal to the City Commission pertaining to the Cushman School; that those other three items also be continued. As pertains to when those will be continued to, I would perhaps like to defer to the applicants, as these are private applications. Chair Suarez: Thank you. Ben Fernandez: Thank you, Mr. Chairman, members of the Commission. Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of the property owner in relation to PZ.2. I'm joined by Ms. Deana Falce from Shubin & Bass, who represents some of the neighbors. We've been working diligently on a settlement agreement. We are very, very close to having that approved, and we would ask that the board continue this -- the Commission continue this item to the first meeting in October, where we expect to be able to present to you a signed settlement agreement and a -- go through a very quick deliberation on the matter. Chair Suarez: Thank you. So that one is being proposed to be deferred to the -- You said the first meeting of October? Mr. B. Fernandez: Yes. Chair Suarez: Not the first -- not the P&Z meeting of October? City ofMiami Page 116 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Commissioner Gort: P&Z meeting. Mr. B. Fernandez: The P&Z meeting in Oct -- Chair Suarez: Okay, got it, which I think is the second meeting of October. Mr. B. Fernandez: Well -- Vice Chair Sarnoff. Well -- Mr. B. Fernandez: -- no. Vice Chair Sarnoff. -- what they want, Mr. Chair -- and I'm okay with it if this Commission's okay with it as well. I will likely not be here for the first meeting in October. What they're asking is if they come in front of you with a -- Chair Suarez: A settlement. Vice Chair Sarnoff. -- settlement, that you guys would approve it. I have no problems with that. Chair Suarez: That's fine with me. Vice Chair Sarnoff. We've been working -- Chair Suarez: Yeah. Vice Chair Sarnoff. -- arduously on trying to get this resolved. Mr. B. Fernandez: That's fine. Chair Suarez: That's fine with me, as long as there -- Mr. B. Fernandez: If there is no settlement, we would voluntarily defer the item -- Chair Suarez: Of course. Mr. B. Fernandez: -- of course. Chair Suarez: Okay, I think that's clear. Thank you. So that would be 'til the first meeting in October. The PZ.2 would be deferred to the first meeting in October, the next Commission meeting. Ms. Thompson: Okay. That would be October 11. Chair Suarez: That's correct. Okay, PZ.5. Commissioner Carollo: 4. Chair Suarez: 4 is Administration. We're trying to get the dates. PZ.5. Javier Fernandez: Good afternoon, Mr. Chairman, members of the board. Javier Fernandez, with Akerman Senterfitt, here on behalf of the applicant. We are happy to have it deferred 'til November -- City ofMiami Page 117 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chair Suarez: Okay. Mr. J. Fernandez: -- to give us additional time to meet with the Commissioner and some neighbors. Chair Suarez: The PZ agenda of November? Mr. J. Fernandez: For November, that's correct. Chair Suarez: Okay. Mr. J. Fernandez: Thank you. Ms. Thompson: We -- Chair Suarez: Got that, Madam Clerk? Ms. Thompson: At this point and time it is scheduled for November -- Chair Suarez: I see. Ms. Thompson: -- 22. However, you do have an ordinance before -- Chair Suarez: Yeah. Ms. Thompson: -- you that will address the combination -- having one meeting in November. So can we say that -- Chair Suarez: That's correct. Ms. Thompson: -- it will be for that meeting in November? Chair Suarez: Yeah. I think that's fine. Ms. Thompson: Is that okay? Chair Suarez: Yes, yes. Ms. Thompson: Okay, thank you. Chair Suarez: Whether there's two or one, I think it'll have to be -- if there's only one, it'll have to be on that one. If there's two, it'll be on the P&Z one. And PZ.8? Mr. J. Fernandez: With respect to PZ.8, Mr. Chairman, we would -- I believe the matter is requested to be deferred indefinitely, Commissioner. Vice Chair Sarnofff. Yeah. I will bring this back much sooner than six months, I promise you. Mr. J. Fernandez: That's fine. We have no objection. Vice Chair Sarnofff. But I'd like to take a shot at trying to mediate this issue as well. Chair Suarez: I think that's wise. Thank you. Mr. J. Fernandez: Thank you. City ofMiami Page 118 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chair Suarez: Okay. So do you have that, Madam Clerk? Unless the Commissioner -- or district Commissioner brings it before, it'll be deferred for six months. Mr. Garcia: HI may summarize then, Mr. Chair? Chair Suarez: Do you have to chime in on that? Ms. Thompson: Yes, because under our definitions, when you indefinitely defer, that means it'll come back six months from that deferral. Vice Chair Sarnoff Or if the district Commissioner brings it back sooner. Ms. Thompson: No, then you would want to defer it. Vice Chair Sarnoff So I could -- okay. Chair Suarez: Just defer it for -- Commissioner Gort: Just defer. Chair Suarez: -- six months. You can bring it back. Vice Chair Sarnoff I'll tell you what, here's what I'll do. I'll defer it 'til the first P&Z meeting in January. Ms. Thompson: Thank you. Chair Suarez: That'll work. All right. Is there a motion? Mr. Garcia: May I -- Commissioner Gort: Move it. Mr. Garcia: -- summarize for clarity's sake, please? Chair Suarez: Yeah, yeah, of course, of course. Mr. Garcia: Thank you, sir. Then as I have it -- and Madam City Clerk, please correct me if I'm wrong -- I have item PZ.2 is proposed to be deferred to October 11, in which case I believe it's to be continued to October 11. Item PZ.4 is to be deferred to October 25, the P&Z meeting of the month of October. Item PZ.5 is to be continued to the P&Z meeting in November, which may be the 22nd, but that remains to be seen, so the P&Z meeting in November. And item PZ.8 is continued to the PZ meeting in January of 2013. Vice Chair Sarnoff As stated, so moved. Chair Suarez: Is there --? There's a motion by the -- Commissioner Gort: Second. Chair Suarez: -- Vice Chair, a second by Commissioner Gort. Hearing no further commentary from the Commission, all in favor, signify by saying "aye." The Commission (Collectively): Aye. City ofMiami Page 119 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 PZ.1 04-00181cr Chair Suarez: Thank you. Did you want to --? Okay, there's two ways we can do this. We have a lot of items that were tabled. One of the Commissioners who asked for several of the tabled items is not here, so we can either continue with the resos that were not tabled or were not requested to be tabled or just keep going with the PZs. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A RELEASE OF A DECLARATION OF RESTRICTIVE COVENANTS DATED JUNE 10, 1996, A COPY BEING ATTACHED AS AN EXHIBIT AND RECORDED IN OFFICIAL RECORDS BOOK 17264, PAGES 1095-1099, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTY LOCATED AT APPROXIMATELY 5808 NORTHEAST 4TH COURT, MIAMI, FLORIDA. 04-00181cr CC 09-27-12 Fact Sheet.pdf 04-00181 cm Analyses, Graphics & HEPB-PZAB Resos.pdf 04-00181cm Application & Supporting Documents.pdf 04-00181cm Legislation (Version 2) & Exhibits.pdf LOCATION: Approximately 5808 NE 4th Court [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Javier E. Fernandez, Esquire, on behalf of Al D'eca & Associates Investments, Inc. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with a condition*. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Approved the historic designation on July 20, 2012 by a vote of 6-0. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with a condition* to City Commission on August 1, 2012 by a vote of 10-0. *See supporting documentation. PURPOSE: This will release the Declaration of Restrictive Covenants. Motion by Commissioner Spence -Jones, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-12-0364 Chair Suarez: PZ.1 Commissioner Gort: PZ.1. Barnaby Min: Barnaby Min, Zoning administrator. PZ.1 is a request to release a covenant that was previously recorded for a property that was unsafe and had Code Enforcement violations. The property has now been verified by both Code Compliance and Building to be in compliance. The lien that was previously recorded has already been released and the property's been City ofMiami Page 120 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 designated historic, so the City has to objection to the release of the covenant. Commissioner Spence -Jones: Okay, this is in my district, correct? Mr. Min: Yes, ma'am. Commissioner Spence -Jones: So moved. Vice Chair Sarnoff Second. Chair Suarez: Madam Clerk, does it require a public hearing? It does? Thank you. It's been moved by Commissioner Spence -Jones, second by the Vice Chair. This is a -- an item requiring a public hearing. Any member from the public wishing to speak on PZ.1 ? Any member from the public wishing to speak on PZ.1 ? Hearing none and seeing none, the public hearing on PZ.1 is closed. Francisco Garcia (Director, Planning): I'm sorry. May I insert something -- Chair Suarez: Yes, please. Mr. Garcia: -- additional for PZ.1, please? Chair Suarez: Yes. Mr. Garcia: It was the recommendation of the Planning, Zoning and Appeals Board that there be a 40-year recertification appliedfor, andl think that is also amenable to the applicants. Javier Fernandez: Yes. Mr. Chair, for the record, Javier Fernandez, here on behalf of Al D'eca & Associates Investment, Inc. We have no objection to that as a condition. Mr. Garcia: IfI may then ask the Commission to include that as part of their motion, given that there is no objection? And, again, the condition, just to be clear on the record, is that a 40-year recertification be appliedfor by the property owners within 90 days of the granting of this release. Mr. Garcia: That is correct. Chair Suarez: Thank you. Commissioner Gort: Okay. Chair Suarez: Anything else? This is a resolution. All in favor, signifi, it by saying aye." The Commission (Collectively): Aye. Chair Suarez: Why did they need -- Commissioner Gort: Great presentation. Chair Suarez: -- a public hearing if it was a reso? Mr. Garcia: Thank you very much. Priscilla A. Thompson (City Clerk): It -- and want to make sure with the City Attorney. You're sitting now, if I'm not mistaken, as a quasi judicial body; is that correct? Andl thought that all City ofMiami Page 121 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 your P&Z (Planning & Zoning) items are public hearings. That was my understanding. Am I --? Chair Suarez: Even if it's a reso. Okay. Ms. Thompson: Okay. Chair Suarez: I learn something new every day. I did. But I wasn't sure why. I was just asking her. PZ.2 RESOLUTION 11-00714sc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE (THAT PORTION OF) CURTIS LANE EAST OF ROGERS ROAD AND EASEMENTS LOCATED ALONG THE NORTH AND SOUTH SIDES OF CURTIS LANE, EAST OF ROGERS ROAD, MIAMI, FLORIDA. 11-00714sc CC 10-25-12 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 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 PZ.2 was deferred to the October 11, 2012 Commission Meeting. PZ.3 RESOLUTION City ofMiami Page 122 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 12-00651ac A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE AN ALLEY BETWEEN BISCAYNE BOULEVARD AND NORTHEAST 2ND AVENUE AND BETWEEN NORTHEAST 20TH TERRACE AND NORTHEAST 21ST STREET, MIAMI, FLORIDA. 12-00651ac CC 09-27-12 Fact Sheet.pdf 12-00651 ac Analyses, Color Maps & PZAB Reso.pdf 12-00651acApplication & Supporting Documents.pdf 12-00651ac Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately between Biscayne Boulevard and NE 2nd Avenue and between NE 20th Terrace and NE 21st Street [Commissioner Marc David Sarnoff- District 2] APPLICANT(S): Tony Recio, Esquire, on behalf of 2060 Biscayne Boulevard, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PUBLIC WORKS DEPARTMENT: Recommends approval. PLAT AND STREET COMMITTEE: Recommends approval on May 3, 2012 by a vote of 7-0. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on August 1, 2012 by a vote of 10-0. PURPOSE: The proposed private alley closure will allow a unified development site. Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-12-0365 Chair Suarez: PZ.3. Francisco Garcia: Thank you, sir. Again, for the record, just because I failed to introduce myself previously, Francisco Garcia, Planning and Zoning director. Item PZ.3 is a request for the closure and vacation of a private alley in order to create a unified development site. The Public Works Department recommends approval on this item. The Planning and Zoning Department does as well. And the Plat and Street Committee met on this item, the technical committee that reviews these applications, and also recommended approval by a vote of 7-0. The Planning, Zoning and Appeals Board finally also considered the item and recommended approval to the City Commission by a vote of 10-0. That's all I have by way of presentation, and I'll certainly stand by to answer any questions you may have. Chair Suarez: Thank you, Mr. Garcia. Is there a motion on this item? Vice Chair Sarnoff I want to do a motion. I have no problem with this. But we tabled another City ofMiami Page 123 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 item. Chair Suarez: Which was an alley closure. Vice Chair Sarnoff. Right. Andl wanted the Commissioner to be here -- Chair Suarez: Right. Vice Chair Sarnoff. -- to be consistent, 'cause I don't have a problem with either -- Chair Suarez: Right. Vice Chair Sarnoff. -- alley closure. Chair Suarez: I see where you're going with it. I don't either. Ninety-nine percent -- Vice Chair Sarnoff. No, no, no. But if he's not here -- Chair Suarez: Yeah, I understand what you're saying. I understand what you're saying. I don't have a problem waiting for the dis -- the Commissioner that requested a -- tabling of another item, which is an alley closure. Mr. Garcia: IfI may, the two items are, I think, substantively different in that the one that was tabled was a temporary closure for private use. This is actually a permanent vacation and closure of an alleyway, basically exercising the reverter clause so that it reverts back to the property owners adjacent on both sides, which happens to be in this case one property owner. Tony Recio: If may? Vice Chair Sarnoff. I understand. And all I'm trying to get is consistency out of Commissioners, which is some people think that people need to either pay for or somehow get compensated for these things. I happen to not be of that opinion. And I'm not trying to use one for the other. I just want people to be consistent in their outlook in their considerations. Chair Suarez: Yeah. Andl think -- andl agree. Andl think -- here's the problem I have -- a little bit of the problem I have. We -- we're very generous and liberal about tabling items when we're here and we request things to be tabled, but we're in session, you know. Vice Chair Sarnoff. Right. Chair Suarez: We've been in session since 2: 30, you know. We have a quorum. You know what I mean. So I think maybe we need to start establishing that, you know, when we're here and we're in session, we vote on things and we -- Vice Chair Sarnoff. If you bring -- Chair Suarez: Not -- no, no. Vice Chair Sarnoff. I'm ready to vote. Chair Suarez: I'm not saying you. No, I am too. Vice Chair Sarnoff. Correct. Chair Suarez: Believe me. I'm just saying, you know -- City ofMiami Page 124 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Commissioner Gort: I'm ready to vote. Chair Suarez: So what -- it's your district so I want to make sure that -- Vice Chair Sarnoff The other one was my district as well. Chair Suarez: Oh, okay. So you want to wait until both are done at the same time? Vice Chair Sarnoff I feel a little bit like you do, which is like this has been a slow -moving meeting, and I'm prepared to vote on both issues. Chair Suarez: So am I. Vice Chair Sarnoff So why don't we pull up the tabled issue -- Chair Suarez: Okay. Vice Chair Sarnoff -- and we'll vote on this issue. Chair Suarez: We can. Vice Chair Sarnoff Let's do it. Chair Suarez: Okay. Vice Chair Sarnoff So let's go with PZ.3 and then we'll bring up the tabled issue. Chair Suarez: Okay. So we're in -- on PZ.3. So did I open up the public hearing yet? No? Commissioner Gort: No. Chair Suarez: Opening up the public hearing on PZ.3. Anyone from the public wishing to speak on PZ.3? Seeing none, hearing none, the public hearing on PZ.3 is closed. It's been moved and seconded, correct? It has not? It's not been -- Commissioner Gort: I second it. Vice Chair Sarnoff So moved. Chair Suarez: Moved by the Vice Chair, second by Commissioner Gort. Commissioner Gort: Let me see if -- we understand this, butl think it's important for the public to understand this. This easement that used to be owned by the property owners -- Chair Suarez: Right. Commissioner Gort: -- and it was given to the City ofMiami to be utilized. If the City ofMiami did not continue to use, it comes back to the owners. Vice Chair Sarnoff An analogy you might use, Commissioner Gort, is long ago we used to have tails -- Commissioner Gort: Right. City ofMiami Page 125 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Vice Chair Sarnoff And now there's something called a remnant or a vestiture [sic] of the very bottom of our spine. Chair Suarez: I think it's a coccyx or whatever. Vice Chair Sarnoff Right. Chair Suarez: But anyways. Vice Chair Sarnoff And it's just simply we don't use them anymore. Chair Suarez: Anyhow. No. And the fact of the matter is we want to promote unified developments. And the fact of the matter is this is an area that is blossoming and we want to make sure that that continues andl think that's really the real point here. It's a resolution. All in favor, signift it by saying iiye. " The Commission (Collectively): Aye. PZ.4 ORDINANCE Second Reading 11-00806zt AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO.13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY MODIFYING ARTICLE 1, SECTION 1.2. ENTITLED "DEFINITION OF TERMS" AND ARTICLE 3, SECTION 3.6.3, ENTITLED "ADDITIONAL OFF-STREET PARKING REGULATIONS", TO ESTABLISH CONDITIONS AND STATIONING REQUIREMENTS FOR RECREATIONAL WATERCRAFTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00806zt CC 10-25-12 Fact Sheet.pdf 11-00806zt PZAB (10-00963zt1) Reso & Fully -Executed CC Legislation (Ver. 2).pdf LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: For File ID 10-00963zt1, recommended approval to City Commission on May 18, 2011 by a vote of 7-1. PURPOSE: This will establish regulations and requirements for recreational watercrafts. Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, 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 PZ.5 ORDINANCE First Reading 12-00084zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. City ofMiami Page 126 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 PZ.6 12-00252za 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T6-12-0" URBAN CORE TRANSECT ZONE TO "T6-24-0" URBAN CORE TRANSECT ZONE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3601, 3651, 3681 AND 3701 NORTH MIAMI AVENUE; 3610, 3620 AND 3630 NORTHEAST MIAMI COURT; AND 17 AND 25 NORTHEAST 36TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAININGASEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 12-00084zc CC 09-27-12 Fact Sheet.pdf 12-00084zcAnalysis, Color Maps & PZAB Reso.pdf 12-00084zcApplication & Supporting Documentation.pdf 12-00084zc CC Legislation (Version 3) & Exhibit.pdf LOCATION: Approximately 3601, 3651, 3681 and 3701 North Miami Avenue; 3610, 3620 and 3630 NE Miami Court; and 17 and 25 NE 36th Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Neisen O. Kasdin, Esquire, on behalf of Fifteen Midtown Properties, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends denial to City Commission on June 6, 2012 by a vote of 9-0. See companion File ID 12-00084ac. PURPOSE: This will change the above properties to "T6-24-0" Urban Core Transect Zone. 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 PZ.5 was deferred to the November 2012 Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL BY GILBERTO PASTORIZA, AFFIRMING OR REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY UPHOLDING OR REVERSING THE ZONING ADMINISTRATOR INTERPRETATION 12-0001 DATED FEBRUARY 16, 2012, REGARDING ACCESSORY PARKING. 12-00252za CC 09-27-12 Fact Sheet.pdf 12-00252za PZAB & ZoningAdm. Appeal Docs.pdf 12-00252za CC Executed Legis. (Vers. 3 & 4) & Interpretation.pdf LOCATION: Citywide APPELLANT(S)/REQUESTOR(S): Gilberto Pastoriza, Esquire, on behalf of Barlington Group, LLC City ofMiami Page 127 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial of the appeal and uphold the Zoning Administrator's Interpretation. PLANNING, ZONING AND APPEALS BOARD: Denied the Zoning Administrator Interpretation appeal on April 4, 2012 by a vote of 5-3. PURPOSE: The approval of this appeal may result in the reversal of a zoning interpretation regarding accessory parking. Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Note for the Record: Item PZ.6 was deferred to the November 2012 Commission Meeting. Chair Suarez: All right, PZ. 6. I'm sorry. No, PZ. 6 is actually in the district of the Commissioner, I believe, who is not here, andl think that should be respected a little bit more strongly than the other one. PZ.7. Gilberto Pastoriza: I'm sorry. PZ. 6 is a -- is an appeal of a zoning -- Gilberto Pastoriza -- Chair Suarez: Yes. Mr. Pastoriza: -- 2525 Ponce. Chair Suarez: Correct. Mr. Pastoriza: This is not a property -specific appeal. It's an appeal of your Zoning administrator's decision. Chair Suarez: Oh, my apologies. My apologies. Mr. Pastoriza: Okay. So it's not really in anybody's district, even though -- Chair Suarez: I understand. Mr. Pastoriza: -- the applicant who brought the appeal -- Chair Suarez: I stand correctly [sic]. Mr. Pastoriza: -- is within a certain district. Chair Suarez: I stand corrected. I stand corrected. But, nevertheless, the applicant is in the district, and that's where I think, you know, out of respect for the district Commissioner, you know, I think we maybe should wait till this Commissioner's here in case this Commissioner has specific concerns about how it impacts his district so. Commissioner Gort: Wait a minute? Chair Suarez: No? Commissioner Gort: No, no. What's the address? Chair Suarez: The City Attorney is instructing me not? City ofMiami Page 128 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Commissioner Gort: 1001 Northwest River Drive. This is the -- Maria J. Chiaro (Deputy City Attorney): This is an -- Commissioner Gort: -- Commissioner Spence -Jones. Ms. Chiaro: -- appeal of the language in our City code -- Chair Suarez: Right. Ms. Chiaro: -- that the -- Chair Suarez: But it -- but the appellant is someone who is -- has a property in a Commissioner's district who is not here. Vice Chair Sarnoff It will -- Ms. Chiaro: But it will impact much more than that property. Chair Suarez: Absolutely. Vice Chair Sarnoff But the direct -- Commissioner Gort: She's here. Vice Chair Sarnoff -- reason -- Chair Suarez: Right. Vice Chair Sarnoff -- is for that district. Chair Suarez: That's what I'm saying. Vice Chair Sarnoff Yeah. Chair Suarez: Right. So I think we should wait until that person is here. And as long as -- Ms. Chiaro: Yes, sir. Chair Suarez: -- I'm Chair -- Ms. Chiaro: Yes, sir. Chair Suarez: -- I get to make that decision. Commissioner Spence -Jones: O000h. Chair Suarez: So maybe tomorrow I don't. Mr. Pastoriza: Mr. Chairman. Vice Chair Sarnoff There it is. Chair Suarez: PZ.7. You see, I'm too nice to say that. City ofMiami Page 129 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Mr. Pastoriza: Mr. Chairman. Vice Chair Sarnofff. There it is. There it is. There it is. Mr. Pastoriza: Mr. Chairman. Commissioner Gort: That coffee'll do it. Commissioner Spence -Jones: I know, right. Vice Chair Sarnofff. There it is. Mr. Pastoriza: Mr. Chairman. Commissioner Gort: One more cup. Mr. Pastoriza: Mr. Chairman, ifI could? Chair Suarez: Yes. You may -- Vice Chair Sarnofff. I like that. Chair Suarez: -- be recognized, yes. Mr. Pastoriza: What -- And ifI could, please, give me one minute. Chair Suarez: Sure, I'll give you a minute. Mr. Pastoriza: Listen, we've been at this thing for over a year. Chair Suarez: I understand. Mr. Pastoriza: Okay. And we have taken great pains. We have gone -- bent over backwards. Chair Suarez: Yes. Mr. Pastoriza: We've done everything that staff has required us to do. Chair Suarez: I understand. Mr. Pastoriza: We have done four different things on this applica -- Chair Suarez: Right. Mr. Pastoriza: -- on this request. Chair Suarez: Right. Mr. Pastoriza: And we feel that we've been, you know -- What if this Commissioner doesn't come back in three months? Chair Suarez: He will be back today. Mr. Pastoriza: So that means that we don't hear this matter? City ofMiami Page 130 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Vice Chair Sarnoff From your lips to God's ears. Mr. Pastoriza: Well -- Chair Suarez: Wow. Mr. Pastoriza: No, no. I'm very -- Vice Chair Sarnoff I'm just teasing. I'm just teasing. Chair Suarez: Wow. Mr. Pastoriza: You know, I'm very serious on this because, you know -- Chair Suarez: Whoa. Mr. Pastoriza: -- I'm -- you know, we're missing on our opportunity to present this matter to you just because -- Vice Chair Sarnoff He's coming back. Mr. Pastoriza: -- a Commissioner is not present. Chair Suarez: He'll be back here today. Vice Chair Sarnoff He'll be back. Chair Suarez: He'll be back here today, Mr. Pastoriza. Vice Chair Sarnoff He'll be back. He's probably going over budget. Chair Suarez: Yeah, he'll be back. Mr. Pastoriza: Okay, so can I wait here till the end of the meeting; maybe he shows up today? Vice Chair Sarnoff You know Frank'll be back in -- Chair Suarez: He'll be back. He'll be back. Vice Chair Sarnoff He'll be back. Chair Suarez: He'll be back. Don't worry about it. Mr. Pastoriza: Be back today? Chair Suarez: Today. Vice Chair Sarnoff He'll be back. Mr. Pastoriza: Okay, I'll wait, I'll wait. Chair Suarez: He'll be back today. Commissioner Spence -Jones: The budget is happening today. City ofMiami Page 131 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Mr. Pastoriza: Thank you. Commissioner Gort: Are we on PZ.10? Commissioner Spence -Jones: So that means Frank will be back. Chair Suarez: PZ.7 now. Mr. Pastoriza: Madame, you assure me of that. Chair Suarez: No, we're on PZ. 6. Mr. Pastoriza: Huh? Commissioner Gort: Okay. Mr. Pastoriza: Thank you very much. Chair Suarez: Thank you, and I apologize. [Later..] (Applause) Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, you're recognized. Commissioner Carollo: By the way, I am here. And it's a lengthy Commission meeting. We do have something called a budget that I am going over. I still have people in my office waiting to see me. I think -- as a matter offact, during that time, you had different phone calls to the Budget director. Chair Suarez: That's correct. Commissioner Carollo: And as a matter offact, he took your phone calls, answered your questions, and you know, it was even time, you know, from where I was speaking so, you know, I take offense to some of the comments. Chair Suarez: Okay. Which -- do you want to --? Commissioner Spence -Jones: From us? Chair Suarez: Not from us, I'm hope -- Commissioner Carollo: Just -- Chair Suarez: -- I'm assuming. Commissioner Carollo: -- of what's going on, you know. What do you mean, Oh, will he be back or will he be back in three months or so forth? Mr. Pastoriza: I'm sorry, Mr. Commissioner. City ofMiami Page 132 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Commissioner Carollo: That's really -- and that's offensive to me. Mr. Pastoriza: But, you know, I have a right to be heard too. Commissioner Carollo: And you haven't been heard? Mr. Pastoriza: And this appeal has a right to be heard. Commissioner Carollo: And you have to be heard right now at this time? Mr. Pastoriza: And it's an appeal that is not -- really is an appeal of your code. It's not -- this is not an application on a property that is within your district andl respect that. And, listen, if you don't want to hear this today, then we'll hear it at the next meeting. Chair Suarez: But no one said that. That's not what was said. What I said was we were going to table it until the Commissioner who the applicant of the appeal, who happens to be in his district -- Mr. Pastoriza: Well -- Chair Suarez: -- until he comes back, it will not be heard. Mr. Pastoriza: -- I have no way of knowing where the Commissioner is because, remember, I don't -- Chair Suarez: But we all told you he was going to be here today. Mr. Pastoriza: -- speak to Commissioners. Chair Suarez: So it's okay. And by the way, I did hold back the beginning of the Commission meeting from 2 to 2: 30 in recognition of some of those issues. Commissioner Carollo: No. As -- Chair Suarez: Just from my perspective. Commissioner Carollo: -- and as a matter of fact, you knew exactly where I was because -- Chair Suarez: Yeah. And -- Commissioner Carollo: -- you called the Budget director -- Chair Suarez: Right. Commissioner Carollo: -- and he says -- Chair Suarez: Yeah. Commissioner Carollo: -- I'm with Commissioner Carollo at the same time. Chair Suarez: Andl said you were coming back, so it wasn't me that -- Commissioner Carollo: No. Chair Suarez: You know, I hope it's not with me. City ofMiami Page 133 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Commissioner Carollo: I just -- I mean, I just don't understand all this misunderstanding and so forth. And with -- related to the issue before of the difference back -- of one issue, a PZ (Planning & Zoning) item, whether the PH (Public Hearing) item. The truth of the matter is, I asked that question in the last meeting and they said it was a clear difference. Now, I'll be more than welcome to discuss it at this meeting or, if not -- it's obvious you all made the decision already -- or in the next meeting, bring it as a discussion item. But the bottom line is, you know, I do, you know, expect certain courtesy. Andl understand, yes, I'm dealing with a budget issue, but -- Commissioner Spence -Jones: I'm lost. What PH -- was there a PH item that was voted on? Chair Suarez: Yeah, PH. 2. Commissioner Carollo: You know, that I asked to be tabled. Commissioner Spence -Jones: While he wasn't here? Chair Suarez: He was not here. Commissioner Spence -Jones: Okay. So then I'm going to get on y'all. I asked for -- nobody -- to wait until got back -- Chair Suarez: We had a long discussion about this at the Commission meeting. Commissioner Spence -Jones: So we don't want to open up that can of worms, do we? Commissioner Carollo: But with all due respect -- andl thought about it later. I should have put it on the record. I actually looked at Neil and said will the Commissioner be okay? Is she coming back or --? And it was my understanding that -- Commissioner Spence -Jones: Okay. But I'm just saying, you know -- Commissioner Carollo: -- you know -- and was going to put it on the record and say -- not put him on the spot, you know -- and ask, Is Commissioner Spence -Jones need to be present? Commissioner Spence -Jones: But your Chairman knew. Chair Suarez: That's my -- I said -- I apologized. Commissioner Carollo: Can I go back and put my jacket on and finish up with Danny that -- Commissioner Spence -Jones: Yes, you can. Commissioner Carollo: -- I left him there in the conference room. Thank you. Commissioner Spence -Jones: So now we lost four. Chair Suarez: By the way, you're welcome 'cause we defend -- I defended you on PZ. 6 so -- Commissioner Carollo: Thank you. Chair Suarez: Thank you. Okay. [Later..] City ofMiami Page 134 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Commissioner Carollo: Mr. Chairman -- Chair Suarez: Yes. Commissioner Carollo: Just a second. Chair Suarez: Sure. Commissioner Carollo: If we could bring up PZ.5 for one second or for one --? Chair Suarez: PZ.6. Commissioner Carollo: PZ.6, you are correct. PZ.6, you are correct. First, I just want to make very clear -- make it very clear that just two days ago we received a change memo from our Budget director. We will be voting on the whole City budget today, and two days is really not that much time in order to digest all the things that are going on in an 11 -page memo. At the same time, I really do take offense of you know, a lot of the things that were said and whether Commissioner Carollo's here, whether he's coming back in three months or not or what. 'Cause anyone that came to my office, my staff would have told them Commissioner Carollo is inside with the Budget director, as many people knew. Now, with that said -- not to mention that I don't know whether the issue was, Should we listen to this 'cause it's citywide, and clearly said citywide, or whether it's in -- is this in his district or not, or the back and forth. But the bottom line is, I do see that we're going to a recess andl see the applicants here, so at least out of courtesy -- at least I like to express courtesy, I would like to know what the process is so they're not waiting for an hour or two hours and then we either defer it or not or -- So I just want to know, Are we coming back? And if we're coming back, when we come back, we still have to deal with the budget, we still have to deal with the two emergency items that deal with the budget. So I want to make sure -- at least to show the courtesy to the applicants that are here waiting so they're not here in limbo. Commissioner Spence -Jones: And also, I know that we have the Miami Herald issue too. Chair Suarez: Yes. We have several issues. Yeah. Commissioner Spence -Jones: And I'm fine with it, Barnaby, so I -- you made the adjustments on that so we -- if we can get that out of the way and they can leave too. Chair Suarez: That's fine with me too. Commissioner Carollo: So I just -- I -- again -- Chair Suarez: Yeah. Commissioner Carollo: -- I just -- even though I'm -- it's -- I think it's quite obvious that I was upset about -- Chair Suarez: Right. Commissioner Carollo: -- how everything took place, I do see applicants here, and you know, I want to show the courtesy to the applicants to let them know what's going on so they're not in limbo and we conduct ourselves, like I think we always have, which is in a professional manner and with decorum. Chair Suarez: We really have. I think as a body, we've always been -- kind of strive to be City ofMiami Page 135 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 courteous and professional with each other. It was one of the reasons why -- even though it is a -- technically a citywide amendment -- because the applicant was in your district, I did not allow the item to go forward without you being present, and so I just wanted you to know that. [Later...] Commissioner Spence -Jones: Okay. So, Commissioner Carollo, on the PZ. 6 item, is that going to be -- is there -- do you have a lot that you want to talk about on that item? Commissioner Carollo: I don't know what the presentation is, but I'll tell you right now, with denial recommendation of Planning and Zoning, the denial recommendation of the Planning, Zoning and Appeals Board, and having spoken to Francisco, I suggest that we defer it or -- I don't think it will be a favorable -- Commissioner Spence -Jones: So are you deferring it? I second it if you need to defer it. Commissioner Carollo: I prefer to defer it. Commissioner Spence -Jones: Okay. Chair Suarez: Till what meeting, Commissioner? Commissioner Carollo: A continuance to the same -like meeting. Chair Suarez: So to the second meeting in October. Mr. Pastoriza: Can we do the -- Chair Suarez: That's the October 25 meeting. Mr. Pastoriza: -- first meeting in October, sir? First meeting in October. Commissioner Carollo: Francisco is more -- Barnaby Min: Commissioner, Barnaby Min, Zoning administrator. Just so you are also aware, there was legislation that was drafted and presented to PZAB (Planning, Zoning and Appeals Board) in an attempt to try and resolve this particular matter. The legislation, as drafted, would actually not -- Mr. Pastoriza: Would not resolve this. Mr. Min: -- would not resolve the matter, so PZAB actually deferred that legislation to the November meeting in the hopes that Mr. Pastoriza and his client would have the opportunity to present something before the City Commission. Commissioner Carollo: So -- Mr. Min: Whether that's going to be the first or the second meeting in October, we of course defer to you. Commissioner Carollo: -- what you're saying is that we should defer to December? Mr. Pastoriza: No, no. Mr. Min: No, no. What I'm saying is -- City ofMiami Page 136 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Commissioner Spence -Jones: No, no. Mr. Min: -- PZAB is waiting for the outcome of this interpretation appeal in order for them to go forward on the legislation that's pending before them. Commissioner Spence -Jones: So we can -- October, we can see the -- Mr. Min: Correct. So -- whether it's the first or second week -- second meeting in October, I defer to the Commission, but it should certainly be in October. Commissioner Gort: First. Commissioner Carollo: Does it matter -- Commissioner Spence -Jones: First meeting in October. Commissioner Carollo: -- whether -- Commissioner Gort: First meeting. Commissioner Carollo: -- it's denied or approved? Mr. Pastoriza: Of course. Mr. Min: If the appeal is approved, it would overturn the Zoning administrator's interpretation and the applicant would be able to go forward with their proposal. If the -- Commissioner Carollo: But with regards to the Planning, Zoning andAppeals Board, you're saying that they're waiting on our decision in order to go forward with a new --? Mr. Min: Yes, sir, because the proposed legislation that is pending before the Planning, Zoning andAppeals Board, PZAB recognizes that it would not -- the applicant would not be able to benefit from the proposed legislation. So out of respect for the applicant, they have said why don't they go forward with the interpretation appeal pending before the City Commission in an attempt to try and resolve their particular issue rather than waiting for the legislation. If the legislation passes, PZAB in November would then come before the City Commission in December, second reading in January. If that legislation as drafted passes, the applicant currently today would not be able to proceed with what they're proposing. Mr. Pastoriza: Mr. Chairman, let me clam it. When we went on an appeal -- Gilberto Pastoriza, 2525 Ponce. When we took this appeal to the Planning and Zoning Board, the Planning and Zoning Board, even though they sided with your Zoning administrator's determination, they instructed your staff to amend the ordinance to take care of this problem. The -- your staff amended this ordinance but did not really take care of the problem. So we -- when we went to them last month, they put that amendment on hold, 'cause we also brought forth language. They put that amendment on hold, pending this appeal because if we are successful on this appeal, then it really doesn't matter what that ordinance does, okay. Chair Suarez: May I jump in, Commissioner? Mr. Pastoriza: So it was an instruction from your staff to amend the code. Commissioner Carollo: So I -- andl think what's happening is they don't like the way it's -- okay. I -- and again, I don't want to put words in their mouths, but my understanding is they City ofMiami Page 137 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 don't like the way it's moving forward so they recommend denial. However, they do want to have something drafted so you could ultimately -- Mr. Pastoriza: Resolve this issue. Commissioner Carollo: -- resolve the issue. Chair Suarez: Fix the problem. Mr. Pastoriza: But, Commissioner, with all due -- Commissioner Carollo: So -- Mr. Pastoriza: -- respect, don't -- Commissioner Carollo: -- why don't we just deny it and --? Mr. Pastoriza: -- because the language that they have proposed does not resolve the issue. Chair Suarez: But there is -- Mr. Pastoriza: On the contrary, it totally bars my client from going forward. So, in essence, they have thrown us back. Commissioner Carollo: Right, but -- when I spoke to our Planning director, he was working on language that, in essence -- and that's why I wanted to hear from our Planning director. Chair Suarez: Yes, please, please. Mr. Pastoriza: It's not the ordinance. Francisco Garcia: Thank you. Francisco Garcia, Planning and Zoning director. Two, perhaps three, items that wanted to put on the record because I think they will inform the case a little better perhaps. First and foremost, it is important that we recognize that the applicants have been working with us for a very long time now. They have been exceedingly patient, andl certainly don't blame them for being more than frustrated at their inability to obtain a satisfactory result. That has to be said. The second item is what is presently in the drafts stages and has been considered by the PZAB is a draft amendment to the zoning ordinance that proposes language to allow accessory parking facilities in some zoning designations in the City. The appellant is correct in saying -- the Zoning administrator is correct in saying that that proposed amendment would not resolve their issue. In our opinion, where it stands -- where this issue stands presently is this. The solution for this property is not so much to have it retain its zoning designation and allow that zoning designation to have accessory parking since their zoning presently is T4 R, which is exclusively residential, and we would not want every T4 R property in the -- Commissioner Carollo: Right. Mr. Garcia: -- City ofMiami to have accessory parking. We stand firm on that. In our opinion, the solution for this property is to have the zoning designation changed to a zoning designation that would allow the accessory parking they're proposing to have. So we agree with the appellant that it is proper for them to have the accessory parking they seek to have on their property. No contention. We disagree with the appellant that it is proper for a T4 R zoned properties to have accessory parking. Now the solution that we are proposing -- and it's been slow in coming, which is where we have to partially apologize -- is to take this property and City ofMiami Page 138 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 many others like it throughout the City -- Commissioner Gort: Yes. Mr. Garcia: -- and consider rezoning them to allow the accessory parking because they're in a position where they will be very instrumental and helpful if that were to be done. We expect, we expect -- we're not absolutely in control of the process -- for that item to be before you in the month of October. We're certainly working hard towards that end. We recognize that it has to go to the PZAB before and, hopefully, we will obtain a favorable recommendation. But we think that it is that zoning change that will ultimately result in the solution to this particular item. Commissioner Carollo: And with that said -- I'm sorry, Mr. Chairman. Chair Suarez: Oh, no, no, please. Commissioner Carollo: With that said, you are recommending then denial on PZ.6 because you don't feel that this is the right vehicle. There is another vehicle for them to actually obtain what you feel is the correct thing. However, you don't feel that right now PZ.6, especially citywide, is the correct vehicle? Mr. Garcia: That is correct. We do not -- staff does not believe that accessory parking should be allowed in exclusively residentially zoned areas in the City ofMiami. We're on the record as far as that goes. Yes. Mr. Pastoriza: Mr. Chairman -- Chair Suarez: Yes. Mr. Pastoriza: -- Commissioners, listen. And I apologize, Commissioner, for my sense offrus -- my -- the sense of frustration, okay. And as you heard, we've been in this thing for a very long time. We've tried all things possible to do the right thing which, by the way, my clients don't have to have parking here. My clients don't need parking because, by code, all of those rehabilitations, readaptive rehabilitations don't require parking. So what -- you know, they're being penalized for doing the right thing. Having said all of that, we would support a deferral of this item with the understanding that your staff is bringing to you in the month of October, which it's going to be impossible because you got to take it to the P&Z (Planning & Zoning) -- Commissioner Carollo: Second meeting. Mr. Pastoriza: -- okay. So maybe November, let's say. In the month of November, 'cause they got to take it to P&Z in October. In November this wholesale rezoning of some of the parcels including -- Chair Suarez: I got a question. Mr. Pastoriza: -- our parcel. Chair Suarez: Okay, thank you. Commissioner Gort, I have a question too. Commissioner Gort: Well, I think that's some of the major problems that we have with the change of zoning that we implemented with the Miami 21. There's a lot of other properties that were build according to 1100 [sic]. There was a lot of the facility, the commercial corridor that we have throughout the City where they don't have the parking ability next to them, so that's why you got to make it citywide. So, hopefully, you can come up with the solution not only for this parcel of land but for all of them that takes place. I have a lot of that in Allapattah. I mean, City ofMiami Page 139 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 20th Street and 12th Avenue, 17th Avenue. We have a lot of those problems too. So we need to -- if you can come back in November, I think they'll appreciate it and we will appreciate it also. Chair Suarez: Okay. Yeah. Look, I had a question, but don't know that want to throw it into the mix now. I don't want to confused things. So as long as the district Commissioner is okay with this solution -- Commissioner Gort: Yeah. Commissioner Carollo: Well, I don't mind deferring it, but could give you what I feel. I mean, in all fairness, I side with my Planning director. I think it's not the correct vehicle. I think this should be denied, and however, he should continue to work with you to find the correct vehicle in order to find the solution. What you're saying is don't deny it today; defer it and keep working with -- and while keep working with him, with our Planning director to -- Mr. Pastoriza: And let's see if it comes back to you in November. Commissioner Gort: Come back in November. Mr. Pastoriza: Okay. Commissioner Carollo: Okay. So I then make a motion to defer this item to the first meeting in November, which, by the way, will probably be the only meeting in November 'cause in November -- Chair Suarez: True. Commissioner Carollo: -- we consolidate the two meetings. So I defer this -- Commissioner Gort: Second. Commissioner Carollo: -- to the first meeting or only meeting in November. Commissioner Gort: Second. Chair Suarez: It's been moved and seconded. All in favor, signift by saying aye." The Commission (Collectively): Aye. Chair Suarez: I have another idea, Francisco. Mr. Pastoriza: Commissioner, I -- Chair Suarez: Talk to me about it. Mr. Pastoriza: -- apologize to you. I did not mean, by any means, to offend you. Chair Suarez: Okay. PZ.7 RESOLUTION 12-00616ha A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING OR GRANTING THE APPEAL FILED BY JAY MEISTRELL, OWNER, AND AFFIRMING OR REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH APPROVED WITH City ofMiami Page 140 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 CONDITIONS AN AFTER -THE -FACT SPECIAL CERTIFICATE OF APPROPRIATENESS FOR MODIFICATIONS OF THE PROPERTY LOCATED AT APPROXIMATELY 1001 NORTHWEST NORTH RIVER DRIVE, WITHIN THE SPRING GARDEN HISTORIC DISTRICT, MIAMI, FLORIDA. 12-00616ha CC 10-25-12 Fact Sheet.pdf 12-00616ha Color Maps.pdf 12-00616ha Appeal Letter & HEPB Reso.pdf 12-00616ha Additional Backup Materials.pdf 12-00616ha Fully -Executed Legislation (Versions 2 & 3).pdf LOCATION: Approximately 1001 NW N River Drive [Commissioner Marc David Sarnoff- District 2] APPELLANT(S)/APPLICANT(S): Tony Recio, Esquire, on behalf of Jay Meistrell, Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial of the appeal and approval with conditions* of the Special Certificate of Appropriateness. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Approved with conditions* the Special Certificate of Appropriateness on May 1, 2012 by a vote of 7-2. *See supporting documentation. PURPOSE: The approval of this appeal will modify the conditions by removing the restriction on the size of the driveway and color of the house only, all other conditions will remain and were not subject of this appeal. Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, 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 Chair Suarez: PZ.7. Commissioner Spence -Jones: No. I just had a question from the Administration. Is this my district or Marc's district? Vice Chair Sarnofff. Yours. Chair Suarez: PZ.7. Commissioner Spence -Jones: Okay. It was just a -- 'cause no one -- I thought -- Vice Chair Sarnofff. By a little bit. Commissioner Spence -Jones: Really? Vice Chair Sarnofff. Yes. Chair Suarez: By the way, it says here on PZ.7, on the item, that it's in your district. [Later..] City ofMiami Page 141 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chair Suarez: PZ.7. Francisco Garcia (Director, Planning): Thank you, sir. Item PZ.7 is an appeal of a HEP (Historical and Environmental Preservation) Board decision before you today -- Chair Suarez: Fun times at City Hall. Mr. Garcia: -- for a -- I'm sorry? Chair Suarez: Fun times at City Hall. Mr. Garcia: Yes, sir. Chair Suarez: PZ.7. Mr. Garcia: Item PZ.7 is, once again, an appeal of a HEP Board decision. This pertains to a property at approximately 1001 Northwest North River Drive. And as Commissioner Spence -Jones correctly pointed out, this is in District 5. I believe it appeared in your agendas incorrectly as in District 2. Chair Suarez: Right. Mr. Garcia: It is not in District 2. It is in District 5. And we apologize for that. Once again, the -- this is a single-family residential structure in a historic neighborhood, that neighborhood being Spring Garden. And the entire matter has essentially been sorted out and been reviewed and approved by the HEP Board. I believe that the only subject matter of the appeal today pertains to the width of the driveway of the single-family residence and the color in which it is proposed to be painted. I will allow the applicant to make a presentation as to what the specific facts are, but we as staff side with the recommendation of the HEP Board to deny this application. The HEP Board vote, in their consideration of certificate of appropriateness, just for the record, was 7-2 against approving it. And with that, I'll defer to the applicant and answer -- or the appellant, rather, in this case, and answer any questions you may have. Tony Recio: Mr. Chair -- Chair Suarez: Yes, you're recognized. Mr. Recio: -- members of the Commission. My name is Tony Recio, law offices at 2525 Ponce De Leon Boulevard. What the Planning director explained is correct. I will try to keep it to those two issues and try to be very brief. The two specific issues are the color of the house and the width of the driveway. The reason those became issues at the Historic and Environmental Preservation Board was in an apparent attempt to, I believe, penalize the property owner. The property owner, Mr. Meistrell is with me today. Commissioner Spence -Jones: There's a wonderful energy happening on the dais right now. Mr. Recio: I could see that. Commissioner Spence -Jones: I'm sorry. I apologize. Mr. Recio: That's okay. That's okay. Sure. 171 keep it very brief. 171 keep it very brief. What happened with this property when they did the greenway improvement plan, a project that the City ofMiami spent $1.5 million on to basically improve drainage along North River Drive, a lot of the -- there were a lot of problems that were associated with that, okay, that didn't -- it didn't City ofMiami Page 142 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 quite correct the drainage right away. It actually created some harmonization problems, some differences in elevation, and there was a lot of dust and construction for quite some time, okay. Essentially, this property owner thought this would be a good time, since they're doing this stuff anyway and my home is going to be negatively affected -- This is what it looked like before, and I've got other pictures that I could share -- Priscilla A. Thompson (City Clerk): I'm sorry. Mr. Recio, would you like to use a mike? Mr. Recio: Yes, that would be very nice. Thank you. All right, this is what the home looked like before. This is what it looks like after he took this opportunity to make these improvements to the house. Part of this was painting the color. The color is a dark slate color. It's the same color or a very similar color to the property to the north and the property to the south, which is an apartment building. It fits within the neighborhood. The driveway, I will show you, is a two -car driveway, standard two -car driveway. He did it in term -- in pavers. He made it a little nicer. Basically, what happened was when they did the harmonization, they actually poured a few people's driveways where they had -- there was an elevation problem. So they actually redid other people's driveways. What he had were two little strip pavers, and he actually -- he did this -- actually paid for this himself to do. Now he thought, since he was doing it in response to a City project, he was under their permit and the other people were getting their driveways -- he was clearly wrong, we understand that. He knows that now. He's paid double permit fees. He's had to clear up all the Code Enforcement violations. There is one issue left which is pending the outcome of this hearing. And what he's asking for is to be able to do a two -car driveway. I will show you, the house immediately to the west -- I'll show you the pictures -- has a two -car driveway that was poured. IfI can direct your attention to tab 5, you'll see, the house immediately next door, which is this house right here, they actually had that driveway repoured by the City contractor as part of this harmonization. It's -- this is the same width that you see here, except, I would submit to you, this has a little more aesthetic flair, little more architectural flair. It fits within the context of the neighborhood. We had several members of the Spring Garden community speak in favor of this at the Historic Board. I really think this was a misguided attempt to penalize this gentleman for having done work without the permits; and as I said, he understands that, he recognizes that, and he is trying to make amends at this point. So we would ask for your approval today. Commissioner Spence -Jones: All right, Tony. Mr. Recio: Yes. Commissioner Spence -Jones: Let me just say, definitely, there's no comparison of what it was and what it is now. Chair Suarez: Yeah, agreed. Commissioner Spence -Jones: The house is absolutely beautiful, and definitely, you know, I'm sure it makes a great impression on the street. The only thing -- you said it before I could say it. One of the biggest issues I think with the neighborhood association is that they did not have the permits prior to doing the work. And I think -- and even though -- I know you're saying you're trying to rectift, it. The only thing that I would ask -- because I do know, you know, the Spring Gardens [sic] Association is a pretty good group over there -- Mr. Recio: Sure. Commissioner Spence -Jones: -- and they really work hard to keep the area intact. Andl think that there were a lot of for whatever reasons, head butting going on with the association and this individual. I'm going to ask, Is there any way that before we vote on an item like this -- because I -- if not, I would have to really go along with, you know, the recommendation. Is there any way City ofMiami Page 143 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 that we could at least continue this item for you to at least be able to sit down --? You see one of your Spring Gardens [sic] residents here now. Mr. Recio: I believe he's here to speak in favor of this item. Commissioner Spence -Jones: Okay. Mr. Recio: But if that is your -- Commissioner Spence -Jones: Yeah. I mean, I just -- I really support the group over there. They do a lot of great work over there. Mr. Recio: Sure. Commissioner Spence -Jones: I mean, there's no comparison as the whether or not it's upgraded the area. But I always try to at least -- you know, want you guys -- want your clients to really work along with the neighbors. Mr. Recio: I understand, Commissioner. Commissioner Spence -Jones: Andl don't think that that conversation ever really happened. Mr. Recio: I would -- ifI can just clam. Commissioner Spence -Jones: Sure. Mr. Recio: I think there have been several conversations. And, listen, I will indulge whichever direction you want to take this. But that being said, I think there have been several conversations, andl think the one thing that they did not -- actually, before he painted the house, he checked with the homeowners association, and they actually told him that this was okay to paint your house. There were no restrictions. Unfortunately, that ends up being not the case 'cause two months before, there had been new guidelines adopted and that's why this -- but not by the association. So the association actually -- he was trying to follow what the association told him, but -- Commissioner Spence -Jones: Yeah. But even if the association gave that to us in writing, that shows that the association, whatever it was -- Mr. Recio: Okay. Commissioner Spence -Jones: I just would really like for them -- because I don't want to vote against the neighbors. Mr. Recio: Okay. Commissioner Spence -Jones: And that's what it would be. Mr. Recio: Okay. Commissioner Spence -Jones: Okay. Mr. Recio: So we will talk to the association and we'll come back before you and -- Commissioner Spence -Jones: Yes. Let's see if we can resolve it and then we'll bring it back. City ofMiami Page 144 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Mr. Recio: You got it. Commissioner Spence -Jones: All right? Mr. Recio: We'll do that. Chair Suarez: So is that a motion to defer? Commissioner Spence -Jones: Motion to defer. Chair Suarez: Is there a second? Commissioner Gort: Second. Chair Suarez: Second. All in -- till the next PZ (Planning & Zoning) meeting in October? Commissioner Spence -Jones: Is that cool? Yes. Chair Suarez: Is that okay, Mr. Recio? Mr. Recio: Yes. Chair Suarez: Okay. Mr. Recio: October -- Chair Suarez: I think it's October 25. Mr. Recio: Twenty-fifth. Chair Suarez: Correct? Mr. Recio: Okay. Chair Suarez: Okay. All in favor, signift by saying aye." The Commission (Collectively): Aye. Chair Suarez: Well, that was a fun PZ agenda. Mr. Recio: Thank you. PZ.8 RESOLUTION 12-00887ha A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING OR GRANTING THE APPEAL FILED BY THE CUSHMAN SCHOOL, OWNER, AND AFFIRMING OR REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH DENIED A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE DEMOLITION OF A HISTORICALLY -CONTRIBUTING STRUCTURE LOCATED AT APPROXIMATELY 5973 NORTHEAST 5TH AVENUE, WITHIN THE PALM GROVE HISTORIC DISTRICT, MIAMI, FLORIDA. City ofMiami Page 145 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 12-00887ha CC 09-27-12 Fact Sheet.pdf 12-00887ha Color Maps.pdf 12-00887ha Appeal Letter & Supporting Documents.pdf 12-00887ha Additional Backup Materials.pdf 12-00887ha Legislation (Versions 2 & 3).pdf LOCATION: Approximately 5973 NE 5th Avenue [Commissioner Marc David Sarnoff- District 2] APPELLANT(S)/APPLICANT(S): Javier Fernandez, Esquire, on behalf of The Cushman School, Inc. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial of the appeal and denial of the Special Certificate of Appropriateness . HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Denied the Special Certificate of Appropriateness on July 20, 2012 by a vote of 5-0. PURPOSE: The approval of this appeal will allow a historically -contributing home to be demolished in order to allow a playground at the school. 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 PZ.8 was deferred to the January 10, 2013 Commission Meeting. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT D1.1 DISCUSSION ITEM 12-00806 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 DISCUSSED City ofMiami Page 146 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 D1.2 12-00807 Commissioner Spence -Jones: Commissioner Gort. Chair Suarez: Commissioner Gort, do you want to --? Commissioner Gort: Yes. One of the discussion item that) have is the discussion -- the use of temp throughout the City both directly employed through the City or through outside agency; range of salary for temps, including benefits. I want to get an economic -- I think the City needs to focus on eliminating use of temp agencies. This is something) think we can do ourself. Andl would really like to look at the economic impact that do it ourself rather than hiring somebody else, an outside agency. Chair Suarez: Yeah. Commissioner Gort: And that's something I'm going to ask the Administration to do, and we'll be doing a follow up. Commissioner Spence -Jones: I like that. Commissioner Gort: Did you get it, Mr. Manager? Commissioner Spence -Jones: D.1 [sic], temporary agencies. Commissioner Gort: ER (Employee Relations), you have it, right? We've been working very close with ER and -- DISCUSSION ITEM DISCUSSION ON HOW MEMBERS ARE SELECTED FOR SELECTION COMMITTEES OF RFP AND RFQ. 12-00807 Email - Members of Selection Committees.pdf DISCUSSED Commissioner Gort: The other discussion I think is the one that you also were talking about, Mr. Chairman, which is the discussion on how the members selected for the committee for the RFP (Request for Proposals) and RFQs (Requests for Qualifications). That's something that we're going to have a workshop, it's my understanding, to deal with procurement. Chair Suarez: Yeah. And ifI may, may I jump in on your item there? Commissioner Gort: Yes, please. Chair Suarez: No. I just -- I think that's definitely one very, very important thing to highlight in our RFP and RFQ process. I think a lot of it also has to do with just policy input and policy guidance, because a lot of these projects that we're RFP-ing have a dramatic impact on our city. So we need to give the Administration clear guidance. What are our priorities? Is our priority pricing? It may be pricing on most of them, you know. Are they -- are we giving enough of a priority to pricing? Is our priority creativity or doing something different? You can give a priority to that kind of scoring. So I just think we do have to do a workshop, and) think we should give the Administration some guidance so that, you know, they know where we're coming from. D1.3 DISCUSSION ITEM City ofMiami Page 147 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 12-00808 D1.4 12-00809 D1.5 12-00950 DISCUSSION ON ELIMINATION OF HIRING FREEZE. 12-00808 Email - Elimination Hiring Freeze.pdf DISCUSSED Commissioner Gort: The other item that have is D1.3, which the -- One of the problems we're having hiring people because we have the freeze -- the employment freeze and that has been removed. I think the Manager took care of that, and that's going to help quite a bit to get individual hired a lot faster than we used to do it before. DISCUSSION ITEM DISCUSSION REGARDING A PROGRESS REPORT ON THE CREATION OF LABOR/MANAGEMENT COMMITTEES. 12-00809 Email - Creation of Labor Mgmt. Committees.pdf DISCUSSED Commissioner Gort: And the last item is something that have to also compliment Commissioner Sarnoff. We wanted to create the labor management committee that we used to have a long time ago, and you sent me the guidelines from the federal government. And we're working with ER (Employee Relations) very closely, and we're going to try to come up with a resolution for the next board meeting to create this labor relation [sic] committee. The labor relation [sic] committees really get together once a month, Administration and the unions, and talk about how we can improve the workforce, what can we do to help each other, and how we can work as a team. So that I will bring back next Commission meeting. And this one that we mention -- we discuss about three months ago. 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 October 11, 2012 Commission Meeting. Chair Suarez: Commissioner Gort, you also had D1.5, which is a -- it's about the IT (Information Technology) current system program or modified. Do you want to take that one City ofMiami Page 148 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 now or do you want to do that some other time? Commissioner Gort: I want to do it some other time. Chair Suarez: Okay. Please defer -- we're going to defer that until the next Commission meeting. Priscilla A. Thompson (City Clerk): And before -- andl apologize. I just want to make sure. Before we move from the District 5 [sic] items, I have us with -- I have Commissioner Gort having discussed DI 1 [sic] -- Chair Suarez: 2, 3, and 4. Ms. Thompson: Thank you. Chair Suarez: Okay. And he had a pocket item as well. Ms. Thompson: Yes. Chair Suarez: Okay. Ms. Thompson: Thank you. END OF DISTRICT 1 DISTRICT 2 VICE-CHAIRMAN MARC DAVID SARNOFF D2.1 DISCUSSION ITEM 12-00909 STATUS OF HIRING POLICE OFFICERS. 12-00909 Email - Status - Hiring Police Officers.pdf DISCUSSED Chair Suarez: D2.1. And we deferred D1.5 to the next Commission meeting. Vice Chair Sarnoff. Chief where are we -- how many officers are we presently down in total? Chief Manuel Orosa (Police): Okay. We have 36 in the FTO (Field Training Officer) program that are going to be terminating at the end of the year and will become full-bodied police officers, on their own, in January, beginning January. We have -- we're in the process of hiring another 30 certified and we're like halfway along that route. In the next couple of months, we should have them already in the orientation process. And then we have another 21 that as soon as we finish with the certified we're going to start processing those. Those we have to send to the police academy. And if nobody else leaves the police department, we should be fully staffed when that ends. Vice Chair Sarnoff. All right. The last numbers I had received, we had gone as far as 104 officers down. No? City ofMiami Page 149 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chief Orosa: No. Vice Chair Sarnofff. What's the number? Chief Orosa: We reached 87. Vice Chair Sarnofff. Really? Chief Orosa: We were at 87. We hired 36. That leaves us a balance of 51. Out of the 51, 30 we're in the process of going through their backgrounds. And then after that, we have another 21 to go. Vice Chair Sarnofff. And that would be -- I think if we went back and looked at our numbers, we wouldn't -- I don't mind being a couple off. It's not like -- Chief Orosa: Correct. Well, what I'm not taking in consideration that maybe you're taking in consideration is that we have other vacant positions, such as sergeants and lieutenants, that when we do promote, it comes from the lower ranks that we're going to have openings in those ranks. Vice Chair Sarnofff. When we were talking about this in the past, ifI have checked my notes, we had just crossed a hundred threshold. Chief Orosa: We could have, right. Vice Chair Sarnofff. So -- but you're saying we're only at 87. Chief Orosa: Yep. Because, remember, we had a batch of 16 that we put on board. Vice Chair Sarnofff. A batch of 16. Chief Orosa: Right. The first group we hired was 16 and then we went to 36 that were hired in the FTO program. Vice Chair Sarnofff. The first I'm hearing of this batch of 16 is now. Chief Orosa: Okay. When -- Commissioner, when I first got the job, we had -- we were in the process and we quickly hired 16 that were in the pipeline. Those are on their own already. Then we went and did an open register; people applied. And from that open register we hired another 36. Those 36 are in the FTO program. From that same register we're currently looking for 30 more and we're halfway there. And then after those, we got another 21 to go, barring any further attrition. Vice Chair Sarnofff. How could you have hired the 16 when the 36 were held up for two years by DOJ (Department of Justice) or the thought here was of DOJ? Because the first I'm hearing of these 16 is today. And if you check the record, we never mentioned these 16 before. Chief Orosa: Those were the first ones we hired, Commissioner. Commissioner Carollo: I remember something about 16. Vice Chair Sarnofff. Yeah? Commissioner Carollo: Yeah. City ofMiami Page 150 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chief Orosa: I can look up -- Commissioner Carollo: Yes. Chief Orosa: -- all the information and provide it to you. Vice Chair Sarnoff Okay. Chair Suarez: Those were certified, correct? Chief Orosa: Correct. Vice Chair Sarnoff Okay. So the 30 certifieds [sic] that are coming up next, you think will be hired by what date? Chief Orosa: Probably in a couple of months. Vice Chair Sarnoff A couple of months is October/November? Chief Orosa: Correct. We are in line that as soon as the 36 leave the FTO program, the new 30 will enter the FTO program. Vice Chair Sarnoff And you said the 36 finished the FTO program when? Chief Orosa: December. Vice Chair Sarnoff December. Chief Orosa: The end of December. I want to say they're on their own probably the first week of January. Vice Chair Sarnoff Okay. Chief Orosa: And that's when we have the next 30 to start the FTO program. Vice Chair Sarnoff Okay. And the academy will take how long? Chief Orosa: The academy -- as soon as we finish processing those last 30, we'll start processing the 21, plus whatever vacancies else we acquire from here to then, and that'll take us probably two to three months to select a group and then send them out to the academy for six months. So we're looking at -- six plus two is eight, plus the three in the FTO; you're looking about a year from now for them to finish the FTO program. Vice Chair Sarnoff And have you done any projections on how many officers that you are aware or could project would be leaving in the next year? Chief Orosa: In the next year, I think we have -- if my numbers correct, I think it's like 15, and in the following years, a little bit more. In the following year is a lot more. That's why I -- looking into the future, knowing that we're going to be in a hiring process from now to at least three, four years from now, that's why I've tripled the amount of background investigators in backgrounds so that we can go a lot quicker through those lists. Vice Chair Sarnoff Okay. All right. I just want to make sure thatl don't -- I'm going to go through my notes to see the 16 but -- City ofMiami Page 151 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chief Orosa: If -- at the 87 mark, if you add the 16, that puts us at 103. Vice Chair Sarnoff About 103, yeah. Okay. I've spent private time with you. I just don't remember you ever telling me about these 16 officers. Okay. Commissioner Carollo: Yeah. Chair Suarez: I thought he mentioned it here, that's why. Commissioner Carollo: Yeah. Chair Suarez: Yeah. Vice Chair Sarnoff You do remember that? Chair Suarez: Yeah, yeah. Here, yeah. Commissioner Carollo: On the dais. Chair Suarez: Yeah, yeah. Vice Chair Sarnoff Okay. All right, thank you, Chief. Chair Suarez: Thank you. Chief Orosa: Thank you, sir. D2.2 DISCUSSION ITEM 12-00910 DISCUSSION ON THE FLORIDA BUILDING CODE. 12-00910 Email - Florida Building Code.pdf DISCUSSED Direction by Vice Chair Sarnoff to the City Attorney to report back to the City Commission at the October 25, 2012 City Commission regarding communications with the Florida Building Commission in reference to the current status of recent changes to the Florida Building Code that affect the City ofMiami and advise on the appropriate manner in which the City should proceed with making their recommendations for modifications of the Florida Building Code to the State Legislature. Vice Chair Sarnoff And D2.2, Mr. Chair, is a discussion regarding the Florida Building Code and -- Is Mariano there? This is sort of a general discussion but something that think should be on all our radar. The South Florida Building Code changed substantially this past March. Fair description, Mariano? Mariano Fernandez (Director, Building): Yes, sir. Vice Chair Sarnoff And one of the major changes to the Florida Building Code -- and I'm going to do this ineloquently -- is that elevator banks that were once thought that could be used for fire -- in the event of a fire were also used for people going up and down their building so that there was a fire switch that turned it into a fire elevator may not be the way that buildings will be designed; that there will be solely dedicated a fire elevator. In doing so and in building -- or City ofMiami Page 152 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 requiring buildings to be built like that, you are taking away a great deal of building envelope and profit, if you will, for developers, so much so that when New York City looked at this building code, the city that you would think would be most impacted, they said thanks, but no thanks. But somehow the South Florida -- this building code, the Florida Building Code got passed in Tallahassee. Now, if you think about this, the place that is most likely to have some sort of a major attack -- New York City -- looked at this and said this is too onerous. But I think a lot of people weren't following the ball, if you will, in Tallahassee or weren't watching this carefully. But what I can tell you is once this passed and this got on everybody's radar scope, was there not a run on permitting, Mr. Building Director? Mr. Fernandez: Yes, it is, Commissioner. I mean, it's really impacting all high-rise construction in Florida right now. I mean, in -- Florida, in particularly in the City ofMiami, District 2 is one of the districts, when you have high-rises, anything above 75 feet gets directly impacted. And it's a high economic impact for the developer. Vice Chair Sarnoff. Have I, more or less, sort of described what you are understanding or would you like to add to it or --? Mr. Fernandez: Yes. We need to add too, in addition to that, it got complicated because they're required now a third means of egress in high-rises over 400 feet, so you need to have three staircases. And in addition to that, we got a complication because this legislation didn't took in consideration that the Florida Fire Prevention Code was entering into effect in January 1 while the Florida Building Code enter in March. So any application who came between January and March, although under the Florida Building Code they're grandfathered in under the 2007 code, under the Florida Fire Code they need to comply with the new requirements, which is a contradiction between the two mandatory codes for construction in Florida right now. And some of the developers are going to be bringing all these issues probably to court because there is no clear definition which one of the two prevails, although most of the building officials will try to agree with the fire marshal and go with the fire code as the more restrictive. Vice Chair Sarnoff. Is it accurate to say that New York City looked at this code and rejected it? Mr. Fernandez: That's correct. Vice Chair Sarnoff. Would you recommend that, as part of our legislative directive, we, along with possibly -- I don't want to say -- the Latin Builders Association or all the building associations, may wish to -- I think we should bring back legis -- a resolution, carefully drafted by you, emphatically stating what we think is the appropriate building code or the things that you think need to be modified; that we, on behalf of the City ofMiami, passed that resolution; and as part of our legislative package start to lobby in Tallahassee to make modifications to this building code. Because I got to tell you, if you New York City looked at this and said this is too onerous, this is too costly, why would we pass this down here? Chair Suarez: I agree. Mr. Fernandez: Definitely, we can present something to the Florida Building Commission; a resolution, passed by the City ofMiami, encouraging the Legislature to look at it at the technical committee again and evaluate that if a big city, like New York City with all the high-rises, didn't consider this a feasible or a reasonable solution, to look at it again to see if it can be repealed from the next cycle of the Florida Building Code. Vice Chair Sarnoff. Would you have a draft for us to look at, you think, in the next 30/60 days? Mr. Fernandez: Yes, sir. I can prepare something for you. City ofMiami Page 153 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Vice Chair Sarnoft Thank you. Victoria Mendez (Assistant City Attorney): Commissioner -- Mr. Fernandez: You're welcome. Ms. Mendez: -- ifI may, you could just make a directive for Mariano to ask the Florida Building Commission to do this. It doesn't have to be as formal as a resolution. It could be for now a directive for us to contact their attorneys, contact their committee and tell them to start looking at this. They might be already working on it because it is a workable group. So it's something also that could be done, starting now. Vice Chair Sarnoff Yeah. I'm not looking to recreate the wheel, and I'm not asking Commissioners to vote on something they don't understand. I want to bring it to our attention, 'cause I'm not aware of a building -- correct me if I'm wrong, but I'm not aware of a building coming out post March of this year that has built in accordance with the Florida Building Code. Mr. Fernandez: That's correct. Most of them are under the 2007. I don't recall that we have right now any one of them under the new code. Vice Chair Sarnoff And from the architects that I've spoken to, most of them find it cost prohibitive to actually design a building with a loss of that much envelope space. And the developers are saying, `IfI don't already have it on the drawing board, I'm not going to go forward with it." So while you might think you're seeing a lot of cranes going up, you are, but you're seeing buildings that were designed and permitted prior to March of 2012. And what you're going to see is a great big hiccup, and that hiccup is going to be a year or two years or three years in time when you're not seeing buildings being drawn, developed, and architecturally done; and you're going to see a void in our building down here, and that's going to be a loss of jobs and that's going to be a loss of ad valorem revenue. And l just suggest to everybody on this dais, while it's a very quiet issue, it could be a very large looming issue for us, and it's an issue that we should tackle right away because you don't want that gap because somebody didn't pay attention. And my understanding is that most developers and most architects, even the AIA (American Institute ofArchitects), just didn't pay attention to this when it was going through Tallahassee. Mr. Fernandez: In addition, Commissioner, may I? There's an additional provision in the Florida Building Code 2010 that is going to impact the five districts, which is the (UNINTELLIGIBLE). Until now, only the federal regulation under FEMA (Federal Emergency Management Agency) was what we were using for any new construction or remodeling and additions. Right now the Florida Building Code has introduced, as part of the Florida Building Code, additional regulations that go beyond FFJvL4, and it's making -- especially for anything that is, I would say, east of US 1 and east or south of 1-95 very hard to construct in your district especially and in Commissioner Gort's, close to the river, because it's going to increase the finished floor elevation close to two feet above what FEMA was already impacting in the development. So I don't know what the reasoning of the legislation was, because we are under federal mandate with FEMA. But there is additional legislation that was introduced this year that is going to start bringing developers to your office complaining that the Building Department is requiring them additional footage above the finished floor elevation; and some of them, they still don't understand how the legislation can pass so -- Vice Chair Sarnoff So what's the best practice to go forward, Madam City Attorney? Ms. Mendez: I think the best thing would be is for right now, since you've alerted us to this issue, for Mariano and I to contact the Florida Building Commission, talk to them; see what, if anything, they have in the works; report back to you -- City ofMiami Page 154 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Vice Chair Sarnofff. Could you report back -- Ms. Mendez: -- and then we can -- Vice Chair Sarnofff. Would you report back to us the second meeting in October? Ms. Mendez: -- find out if the next step would be to do a resolution. We could bring back a resolution and put it as part of the legislative initiatives, but at least tell you what's going on and report back to you on that and then we can move forward with further -- Vice Chair Sarnofff. Thank you. Chair Suarez: Thank you. Mr. Fernandez: Thank you. END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO D3.1 DISCUSSION ITEM 12-00756 DISCUSSION ON ORDINANCE 13312 - EXCAVATED SITES. 12-00756 Email - Excavated Sites.pdf DEFERRED Note for the Record: Item D3.1 was deferred to the October 11, 2012 Commission Meeting. Chair Suarez: Commissioner Carollo, I think, wants to postpone his till the next Commission meeting or the second one in October? Commissioner Carollo: If you're talking about discussion items? Chair Suarez: Yes. Commissioner Carollo: Yes. Then I would defer to the next Commission meeting. Chair Suarez: Okay. END OF DISTRICT 3 DISTRICT 4 CHAIRMAN FRANCIS SUAREZ D4.1 DISCUSSION ITEM 12-01000 DISCUSSION REGARDING CITY'S FINANCIAL CONDITION. 12-001000 Email - City's Financial Condition.pdf City ofMiami Page 155 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 WITHDRAWN Chair Suarez: I know we still have PZ.6. I know, I know. Still here. Commissioner Spence -Jones: Oh, you want to deal with our items, personal items? Chair Suarez: Yeah, let's go ahead and do the discussion items. I actually have to leave at 4. Commissioner Spence -Jones: And you're coming back? Chair Suarez: Yeah, I'm going to come back. And you can vote without me -- Commissioner Spence -Jones: Yeah. Chair Suarez: -- if I'm not here, except I'd like to vote on the contracts obviously. Commissioner Spence -Jones: Yeah. Chair Suarez: Thank you. Commissioner Spence -Jones: So we're going to take a break till -- Chair Suarez: We could take a break from 4 to 5, if that's okay with you guys? Commissioner Spence -Jones: Okay. Chair Suarez: Is that okay with you? Commissioner Spence -Jones: We could take a break before then, if you want. Chair Suarez: We sure can. Would you like to do -- Commissioner Spence -Jones: But let's do the items -- Chair Suarez: -- any of these discussion items? Commissioner Spence -Jones: -- our items really fast and then, if we can do that, we can take a break. Chair Suarez: Perfect. My discussion item I'm waiving so -- I'm actually withdrawing it 'cause we're actually in the midst of this, so I'm going to withdraw my discussion item. Vice Chair Sarnoff You mind ifI do mine? Chair Suarez: Do you want to -- do you mind if we go in order, Commissioner? Vice Chair Sarnoff Oh, I'm sorry. I didn't realize. END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES City ofMiami Page 156 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 D5.1 12-01049 NA.1 12-01140 NA.2 12-01142 DISCUSSION ITEM DISCUSSION REGARDING THE STAND UP AGAINST VIOLENCE ALLIANCE. 12-01049 Stand Up Against Violence Alliance.pdf DEFERRED Note for the Record: Item D5.1 was deferred to the October 11, 2012 Commission Meeting. END OF DISTRICT 5 NON AGENDA ITEMS DISCUSSION ITEM A MOMENT OF SILENCE WAS OBSERVED IN MEMORY OF BROWARD SHERRIFF'S OFFICE (BSO) DEPUTY CHRISTOPHER SCHAUB, A 22 YEAR VETERAN WHO PASSED AS A RESULT OF A MOTORCYCLE ACCI DENT. DISCUSSED Chair Suarez: Madam Clerk. Vice Chair Sarnoff Yes, sir. Priscilla A. Thompson (City Clerk): Yes, sir. Chair Suarez: Yes. I'm sorry. I apologize. Vice Chair, yes. Vice Chair Sarnoff I just wanted to take a moment of silence. The law enforcement community lost a deputy yesterday in a motorcycle accident. It was Deputy Christopher Schaub of the BSO (Broward Sheriff's Office). He was a 22 year veteran. Andl know this is not directly in Miami, but it's certainly our law enforcement community, andl think we should take a moment of silence. (MOMENT OF SILENCE) Vice Chair Sarnoff Thank you, Mr. Chair. Chair Suarez: Thank you, Mr. Vice Chair. DISCUSSION ITEM DISCUSSION BY COMMISSIONER GORT REGARDING THE PENDING STATUS OF MOVING CODE ENFORCEMENT INSPECTORS INTO THE NEIGHBORHOOD ENHANCEMENT TEAM (NET) OFFICES. DISCUSSED City ofMiami Page 157 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Commissioner Gort: And this one that we mention -- we discuss about three months ago. I was very happy to have the NET (Neighborhood Enhancement Team) office -- have the Code Enforcement individuals in our NET office. That has not taken place. Andl think we -- unfortunate, we are reactive. I think we can be proactive, like the way it used to be when the NET was first created. I would love to have -- at least in my district, go back to that concept. My understanding is that we didn't have enough room within our NET offices. And I've talked to our NET administrators; we do have room to allocate inspectors in that area. Andl asked for a plan to put together, how we can enforce it, and this was about three month [sic] ago. Commissioner Spence -Jones: Are you waiting for a response from them? Commissioner Gort: No. It's in there. 171 get it. NA.3 RESOLUTION 12-01117 District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY Commissioner CLERK TO WORK WITH THE MIAMI-DADE COUNTY ("COUNTY") Wifredo (Willy) Gort DEPARTMENT OF ELECTIONS TO PROVIDE PRE -PAID POSTAGE FOR THE RETURN OF ABSENTEE BALLOTS WITHIN THE CITY OF MIAMI, DURING CITY-WIDE ELECTIONS NOT IN LINE WITH A COUNTY -WIDE ELECTION. 12-01117 Submittal -Non Agenda Item Information.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0366 A motion was made by Commissioner Gort, seconded by Vice Chair Sarnoff, and was passed unanimously, with Commissioner Carollo absent, directing the City Manager to establish a policy related to the possession of absentee ballots by employees of the City ofMiami. Commissioner Gort: It's a resolution -- also, we all be talking about the absentee and so on that -- I would like the Commission to pass a resolution mirroring the County resolution where the City will pay for the return apply -- reply mailing of absentee ballots in those cases where the City's holding a city election and there's no corresponding County election. Cost for the activity will be approximately $16, 000 the most and the -- this small contribution will go a long way in deterring the absentee ballot fraud. Chair Suarez: Commissioner, is there a -- is that a reso right now you want us to vote on? Okay. Commissioner Gort: Yes. Chair Suarez: Can I -- Commissioner Gort: Sure. Chair Suarez: -- add some potential language to that? Commissioner Gort: Please. Chair Suarez: I don't know if this is appropriate or ifI have to bring it separately, Madam City ofMiami Page 158 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Attorney. I would like something that says that if any City ofMiami employee is caught with, you know, holding an absentee ballot that is not their own ballot -- I mean, obviously, you know, there -- the law allows you to carry two ballots. So if there's anyone that's holding a ballot outside of the law, that's an automatic termination -- an automatic event of termination or that can be utilized to automatically terminate that employee, something to that effect. Maria J. Chiaro (Deputy City Attorney): You would do that in a separate motion. I understand Chair Suarez: Okay. Ms. Chiaro: -- your separate motion -- Chair Suarez: That's fine, I'll do it separately. Okay, thank you. Can you work with me to craft that resolution, please, or that --? Yeah, it's going to be a -- Ms. Chiaro: Yes. Chair Suarez: Thank you. So that's a motion, right, Commissioner Gort? Commissioner Gort: I make a motion. Yes. Chair Suarez: Is there a second? Commissioner Spence -Jones: Second. Chair Suarez: Second Commissioner Spence -Jones. All in favor, signifi, by saying aye." The Commission (Collectively): Aye. Commissioner Spence -Jones: You know what we're doing, Johnny? Johnny Martinez (City Manager): Yeah. Commissioner Spence -Jones: Do you know what we're doing? Mr. Martinez: The City Attorney was asked to craft the language -- Priscilla A. Thompson (City Clerk): I'm sorry. Chair Suarez: It's okay. Ms. Thompson: Mr. Manager -- Commissioner Spence -Jones: I just want to make -- Ms. Thompson: -- your microphone. Commissioner Spence -Jones: I just want to make sure. Mr. Martinez: I was just concentrating. They told me that -- Commissioner Spence -Jones: You were dealing with the first issue, right? Mr. Martinez: Yeah. I was just concentrating. They told me 871 was ratified unanimously -- City ofMiami Page 159 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Commissioner Spence -Jones: Oh, good. Mr. Martinez: -- and 1907 just passed. Commissioner Spence -Jones: Good. Mr. Martinez: I was -- my mind was on that. Commissioner Spence -Jones: It's all recorded, though. He got it, Gort. Commissioner Gort: Okay. Ms. Chiaro: The motion was on the resolution related to paying for the mailing of absentee ballots. Chair Suarez: Understand. Ms. Thompson: Meaning the -- Commissioner Gort: Got to vote on it. Ms. Thompson: -- pocket item -- Chair Suarez: We voted. Ms. Thompson: -- that was -- Chair Suarez: Didn't we vote on it? Ms. Thompson: I'm just -- no. I just want to make sure that it's the pocket item that is as is. No modifications or anything. Commissioner Gort: Yes, it is. Ms. Chiaro: That's correct. Commissioner Gort: Yes, it is. Ms. Thompson: Thank you. Chair Suarez: Can I -- do I -- can I make mine as a resolution or what? Ms. Chiaro: You can -- I suggested that yours be a motion directing the City Manager to establish a policy related to the possession of absentee ballots by employees in the City -- Chair Suarez: Perfect. Ms. Chiaro: -- ofMiami. Chair Suarez: Will somebody make that motion, or do I have to pass the gavel? Vice Chair Sarnoff Wait, wait. Say it again. What is it? Commissioner Gort: Let's move on this one first. City ofMiami Page 160 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chair Suarez: No, we did. We already voted on it. Ms. Thompson: We did. We did. Commissioner Gort: We voted on it? Chair Suarez: We voted on it. Ms. Thompson: It's all done. Chair Suarez: It passed. Commissioner Gort: Okay. I'll make the motion. Chair Suarez: Moved by Commissioner Gort. Is there a second? Vice Chair Sarnoff Could you just restate what you said? Chair Suarez: Yeah, yeah, of course. Do you want me to restate it? Vice Chair Sarnoff I just don't know what we're voting on. Chair Suarez: Oh, okay. The motion -- what we're voting on is directing the City Attorney to draft a -- Ms. Chiaro: Directing the City Manager -- Commissioner Gort: City Manager. Ms. Chiaro: -- to establish a policy -- Chair Suarez: My apologies. Directing the City Manager -- Ms. Chiaro: -- related to the possession of absentee ballots -- Chair Suarez: By City employees. Ms. Chiaro: -- by employees of the City ofMiami. Chair Suarez: Thank you. That's correct. So he made the motion. 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. Chair Suarez: Passes unanimously. Mr. Martinez: It went from the Attorney to me. Chair Suarez: I'm sorry. Work with the Attorney. Please give him some guidance there. I -- -- Ms. Thompson: Chair. City ofMiami Page 161 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 NA.4 12-01081 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "2012-2013 VICTIMS OF CRIME ACT (VOCA)" CONSISTING OF A GRANTAWARD FROM THE STATE OF FLORIDA'S, OFFICE OF THE ATTORNEY GENERAL, DIVISION OF VICTIM SERVICES, IN THE AMOUNT OF $32,247, AND THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS IN THE AMOUNT OF $8,062, IN THE FORM OF IN -KIND SERVICES FROM THE CITY OF MIAMI POLICE DEPARTMENT, FORATOTALAMOUNT OF $40,309; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD AND TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF THE GRANT. Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-12-0354 Chair Suarez: Commissioner Spence -Jones isn't on the dais. So I think we're going to take a recess from now until 5. Johnny Martinez (City Manager): Commissioner -- Mr. Chair, I have a grant pocket item and actually the contract pocket items. Can we do at least --? Chair Suarez: We're not going to do that -- the contract pocket items right now. Mr. Martinez: Can we do the VOCA (victims of Crime Act) grant? Chair Suarez: I'm sorry? Mr. Martinez: Can we do the Victim Assistant grant? Chair Suarez: Sure. Go ahead, Chief. Chief Manuel Orosa (Police): Commissioner, my apologies for the late submission. However, when we submitted the grant the Tallahassee, the individual administering the grant had left and a new person was hired for that job and it got delayed, the return back to us. However, this is a renewal of what we call the VOCA grant. It's a grant that pays for us to hire an employee to assist in helping out victims and giving victims the necessary tools to improve their lives, such as housing when they -- when they're beaten by spouses, and actual relocation of the victim and the family when they're to testify against a serious offender. The grant has a matching of eight thousand and change in in -kind services, but those in -kind services are the salary that the City pays the supervisor of the unit to supervise the other employees in the grant as well -- the other employees hired by the City as well. We have a total of a supervisor, an employee, and one funded by the grant. So even though it -- we have a matching, it's in -kind, that we would have to pay that supervisor salary anyway. Chair Suarez: Is there a fiscal impact? City ofMiami Page 162 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chief Orosa: No. Everything's in -kind. Chair Suarez: Other than the in -kind. Is there a motion on this? Commissioner Gort: Move it. Commissioner Carollo: Second. Chair Suarez: Moved by Commissioner Gort, second by Commissioner Carollo. Any discussion? All in favor, signifi, by saying aye." The Commission (Collectively): Aye. Chair Suarez: Okay, guys, we're going to be in re -- Chief Orosa: Thank you. NA.5 RESOLUTION 12-01138 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING THE COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE FRATERNAL ORDER OF POLICE, WALTER E. HEADLEY, JR., MIAMI LODGE NO. 20, FOR THE PERIOD OF OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2014. 12-01138 Summary Form.pdf 12-01138 Legislation.pdf 12-01138 Exhibit.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-12-0369 Chair Suarez: Good evening, ladies and gentlemen. Madam Clerk, what are the items that are left, if any, from our agenda? What's left to be done? Ms. Thompson: According to the list I have in front of me, we have EM.1, EM. 2, SR.1, and our budget items. Chair Suarez: Okay. Andl think the way we had left it was we were going to do first the emergency ordinances, correct, Mr. Manager? Mr. Martinez: Yes. Chair Suarez: And then we were going to do the pocket items, and then we were going to open up our budget hearing. Ms. Bru: Mr. Chair, I think we should take up the union contracts first 'cause the ordinance is really contingent on the contracts. Chair Suarez: I agree. I think that might resolve the issue with the ordinance. City ofMiami Page 163 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Ms. Bru: Right, right. And then ifI can make a suggestion on SR.1, which is the ordinance which implements whatever departments are abolished or implemented. If you want to, you can recess the regular meeting -- Chair Suarez: Table it until after the budget and then -- Ms. Bru: And then table it, right. Chair Suarez: -- vote on it until after -- I think that actually makes the most sense -- Ms. Bru: Right. Chair Suarez: -- 'cause I think that will resolve also -- obviously, when we -- once we have everybody, we can agree on that procedure. Ms. Bru: Right. Chair Suarez: I think that's the best way, 'cause that takes away all the speculation as to what -- Ms. Bru: Right. Chair Suarez: -- may happen. Ms. Bru: Exactly, exactly. Chair Suarez: So we'll do it that way. Can we open the budget hearing and start the procedures at least? We have a quorum. Ms. Bru: You recessed the regular meeting. Ms. Thompson: That's correct. You recessed at 4:12. You have not called the regular meeting back into session. You asked a question regard -- Chair Suarez: Well, I banged my gavel so I'm assuming that at 5:15 -- Ms. Thompson: Okay, so now -- Chair Suarez: -- that I called it -- Ms. Thompson: -- you would have to recess again. Chair Suarez: We would have to recess again to open up the budget hearing. Ms. Thompson: Yes, uh-huh. Chair Suarez: Okay. Ms. Thompson: And then you're going to need to give me time to switch over. Ms. Bru: So you're actually going to go into the budget meeting now? Chair Suarez: Let's just wait until everybody gets here. Ms. Bru: Okay. City ofMiami Page 164 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 Chair Suarez: 5: 30. We'll recess until 5: 30. Ms. Bru: Okay. NA.6 RESOLUTION 12-01118 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING THE COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE FLORIDA PUBLIC EMPLOYEES COUNCIL 79, AFSCME LOCAL 871, AFL-CIO, FOR THE PERIOD OF OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2014. 12-01118 Summary Form.pdf 12-01118 Legislation.pdf 12-01118 Exhibit.pdf 12-01118 Letter from Local 871 President.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-12-0367 Beverly Pruitt (Director, Human Resources): A resolution ratifying the collective bargaining agreement between the City ofMiami and the employee organization known as the Florida Public Employees Council 79, AFSCME (American Federation of State, County, and Municipal Employees) Local 871, AFL-CIO (American Federation of Labor -Congress of Industrial Organizations), for the period of October 1, 2010 through September 30, 2014. Chair Suarez: Is there a motion? Commissioner Gort: Move it. Chair Suarez: Moved by Commissioner Spence -Jones -- I mean, by Commissioner Gort. I'm sorry. Second? Is there a second? Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. Any further discussion? Hearing none, all in favor, signift it by saying iiye. " The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. NA.7 RESOLUTION 12-01137 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING THE COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE MIAMI GENERAL EMPLOYEES City ofMiami Page 165 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 NA.8 12-01119 AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME), LOCAL 1907, AFL-CIO, FOR THE PERIOD OF OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2014. 12-01137 Summary Form.pdf 12-01137 Legislation.pdf 12-01137 Exhibit.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-12-0370 Beverly Pruitt (Director, Human Resources): A resolution ratifying the collective bargaining agreement between the City ofMiami and the employee organization known as the Miami General Employees American Federation of State, County, and Municipal Employees, known as AFSCME, Local 1907, AFL-CIO (American Federation of Labor -Congress of Industrial Organizations), for the period of October 1, 2012 through September 30, 2014. Chair Suarez: Is there a motion? Commissioner Gort: Move it. Chair Suarez: Moved by Commissioner Gort. Is there a second? Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. Any discussion? All in favor, signift by saying iiye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING THE COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO LOCAL 587 FOR THE PERIOD OF OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2014. 12-01119 Summary Form.pdf 12-01119 Legislation.pdf 12-01119 Exhibit.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-12-0368 Beverly Pruitt (Director, Human Resources): A resolution ratifying the collective bargaining City ofMiami Page 166 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 agreement between the City ofMiami and the employee organization known as the International Association of Firefighters, AFL-CIO (American Federation of Labor -Congress of Industrial Organizations), Local 587, for the period of October 1, 2012 through September 30, 2014, subject to the ratification by the respected union members. Chair Suarez: Is there a motion? Vice Chair Sarnoff So moved. Chair Suarez: Moved by the Vice Chair, second by Commissioner Spence -Jones. Any further discussion? Hearing none, all in favor, signify it by saying iiye. " The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. Applause. Chair Suarez: I'd like to just make one statement and it's something that I've said time and again, which is I have some concerns -- and I've expressed this to the Administration -- about the second year of the contract in terms of making sure that we're prepared budgetarily because we, as a Commission --I know -- well, I can speak for myself as a Commissioner, that will not do anything to violate the fact that we have just ratified contracts for two years. We vetted these contracts. We scrutinized them. Believe me, you know, my office looked through them. I do want to say that based on my analysis of the contracts and the budget, that there is a projected gap -- slight projected gap in the second year of the contract of approximately $3.3 million, so that's something that concerns me. Those are projected potential increase in costs versus projected revenues. So I just want to put that for the record. You know, thankfully, $3.3 million is nowhere near the kinds of budgetary gaps that we've had to deal with over the last few years, but it is a concern because we did just ratifi, two-year contracts. Andl do not want to be in the position again where we're invoking any sort of statutory vehicle to get out of a contract, and just wanted to put that on the record. Commissioner Gort: We all agreed to that. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: Could we have our Budget director address that? Chair Suarez: Sure. Daniel J. Alfonso (Strategic Planning, Budgeting and Performance): Danny Alfonso, Budget director, City ofMiami. We do understand that concern. We do anticipate that we will be able to meet that challenge without impacting employees or breaking the contracts, and that is the direction that we have been given from management and the Mayor. Chair Suarez: And l just wanted that to be clearly stated on the record. Thank you. Commissioner Spence -Jones: Mr. Chairman. Chair Suarez: Yes. Commissioner Spence -Jones: Okay. I just -- again, I want to acknowledge the City employees City ofMiami Page 167 Printed on 10/22/2012 City Commission Meeting Minutes September 27, 2012 ADJOURNMENT or the unions once again for coming to the table once again to try to figure out a happy ground to make it possible. I just really feel it's important for me to put it on the record. As I stated the last time, I have serious concerns with every time we find ourself in this situation, it always has to be on the back of the City employees, andl have to keep saying that, even though I know that this year and next year we've addressed the issue, but we still have other major issues. And as I stated in our last budget hearing, I expressed that we really need to focus our energies on revenue -generating opportunities. Andl know Commissioner Sarnoff are on the same page about the whole millage thing. I just think that we need this -- I would like to see the Administration really, really come up with a real plan to address the issue, and the issue should not be addressed strictly on the backs of City employees. And l just feel that we make accommodations for everybody else around the world, you know, and when it comes to our City employees, we just don't do the same. Andl'm not necessarily saying it about our -- my colleague sitting up here, because we do what we have to do because we want to make sure the City is doing well, but it just seems as though every year, you know, we're having to make these kind of decisions and the employees are the ones that are hurting the most by it. Now I have to admit that there are some things that, Mr. Manager, you were able to have happen or make happen or your team were able to make happen from, you know, this last session. But I just think that there's a mindset, you know, that we'll just take it from the City employees and that's just -- to me, it's not right. Andl'm not necessarily speaking about my colleagues. I'm just speaking from an Administration standpoint and sometimes from a leadership standpoint. We just can't keep taking blood out of a turnip to make something happen. We have to figure out another way instead of taking it from families that are going to be affected by it. Chair Suarez: Yes, Mr. Manager. Johnny Martinez (City Manager): I wholeheartedly agree with everything that has been said. I definitely do not want to rely on the crutch offinancial urgency anymore. We've committed to not touch wages and benefits, and we need to live within our means and that's our goals. You know, I know that we're going to have the cooperation of all the employees to get our permits done, you know, rightfully so, to review the plans, to get the developers on board so we can start collecting those ad valorem taxes and those permit fees and not to be in this situation again. But we don't want to keep relying on that financial urgency -- Chair Suarez: Right. Mr. Martinez: -- to settle the agreements. We don't want to do that. Chair Suarez: Thank you, Mr. Manager. Mr. Martinez: We're going to live within our contracts. Chair Suarez: And think -- you know, I don't want to diminish the fact that we still have a lot of challenges ahead, you know, and there are still some things structural that can be done in the future, but you know, obviously, having come here in 2009, all of us -- well, most of us -- and have to deal with the things that we've had to deal with for the last three years, it's comforting to know that there is, you know, two-year agreements in place, which our employees have agreed to, in which -- which do balance our budget for this year, and I think next year we may have some work to do but I think it's doable. It's not something that's -- that seems to be out of the ordinary. Thank you. The meeting adjourned at 8:17 p.m. City ofMiami Page 168 Printed on 10/22/2012