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HomeMy WebLinkAboutCC 2012-10-25 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, October 25, 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 Dwight S. Danie, City Clerk City Commission Meeting Minutes October 25, 2012 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM - APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCE RE - RESOLUTIONS BC - BOARDS AND COMMITTEES BI - BUDGET DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City ofMiami Page 2 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gort, Vice Chair Sarnoff, Commissioner Carollo, Chair Suarez and Commissioner Spence -Jones On the 25th day of October 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 12:15 p.m., reconvened at 3: 30 p.m., recessed at 3:40 p.m., reconvened at 3:46p.m., recessed at 5:31 p.m., reconvened at 5:32 p.m., recessed at 6: 05 p.m., reconvened at 6:16p.m., and adjourned at 8: 46 p.m. Note for the Record: Vice Chair Sarnoff entered the Commission chambers at 9: 03 a.m., and Commissioner Carollo entered the Commission chambers at 9: 05 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Dwight S. Danie, City Clerk Chair Suarez: Welcome to the October 25, 2012 meeting of the City ofMiami Commission in these historic chambers. The members of the Commission are Marc David Sarnoff, the Vice Chair; Frank Carollo, Wedo "Willy" Gort, Michelle Spence -Jones, and myself Francis Suarez, the Chairman. Also on the dais are Johnny Martinez, the City Manager; and joining us soon will be Julie O. Bru or her designee, the City Attorney; and Dwight Danie, the City Clerk. The meeting will be opened with a prayer by Commissioner Spence -Jones and the pledge of allegiance by Commissioner Gort. Please rise. Invocation and pledge of allegiance delivered. Chair Suarez: Thank you. PRESENTATIONS AND PROCLAMATIONS PR.1 12-00937 PRESENTATION SPECIAL PRESENTATION The City of Miami is to receive a Bronze award as a Bicycle -Friendly Community from The League of American Bicyclists. 12-00937 Protocol Item.pdf PRESENTED 1. Vice Chair SarnoffpresentedDr. ToddM. Narson with a Special Certificate of Appreciation honoring his wonderful committment to civic responsibility and communal welfare through his generous donation of medical services using "Natural Sports Medicine "for team members of the Volvo Ocean Race in the City ofMiami. City ofMiami Page 3 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 2. Bill Nesper, Vice President of Programs for the League ofAmerican Bicyclists, presented the City ofMiami with the "Bicycle -Friendly Community" designation in recognition of the City's efforts in support of bicyclists through its community partnerships and policy initiatives. Chair Suarez: So let's at least go to the proclamations because I think the only proclamation that we have is by Commissioner Sarnoff, so here you go. Presentation made. [Later..] Chair Suarez: There is a special presentation from the League ofAmerican Bicyclists. Are they in the audience? Is there anyone here? Going once, going twice. [Later...] Chair Suarez: I was just handed a note that says that the League ofAmerican Bicyclists are here. Okay, if you can make a short presentation. Thank you. Presentation made. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, to APPROVE PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Sarnoff and Carollo Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, to APPROVE PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Sarnoff and Carollo MAYORAL VETOES Chair Suarez: Approval of the minutes. We'll now proceed with the approval of the minutes from the Planning & Zoning meeting of September 27, 2012 and the second budget hearing of September 27, 2012. Is there a motion? Commissioner Gort: Move it. Chair Suarez: Moved by Commissioner -- Commissioner Spence -Jones: Second. Chair Suarez: -- Gort, second by Commissioner Spence -Jones. All in favor, signin, by saying "aye." The Commission (Collectively): Aye. END OF APPROVING MINUTES NO MAYORAL VETOES Chair Suarez: Mr. Clerk, are there any mayoral vetoes to report at this time? Dwight Danie (City Clerk): No, sir, there are no mayoral vetoes. City ofMiami Page 4 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 ORDER OF THE DAY Chair Suarez: Thank you. Chair Suarez: Madam Attorney, could you read the procedures -- I'm sorry. I see you coming back here. -- to be followed during this meeting so that we can advance while we -- Julie O. Bru (City Attorney): Good morning -- Chair Suarez: -- wait for the other Commissioners? Ms. Bru: -- Mr. Chair, members of the Commission, Mr. City Clerk, Mr. Manager, and members of the public. Any person who's a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the code section describing such rules is available at the City Clerk's office. The material for each item on the agenda is also available during business hours at the City Clerk's office and online at ww.miamigov.com [sic]. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. No cell phones or other noise -making devices. Please silence them now. Any person who makes offensive comments or becomes unruly in the chambers will be barred from attending any meetings in the future. Please, anybody with a disability that requires assistance, contact the City Clerk. Chair Suarez: Thank you, Madam Attorney. Ms. Bru: Thank you. [Later...] Chair Suarez: I don't want to proceed with the order of the day until we have the full body because there may be some items that some of the other Commissioners want to continue, defer, or withdraw, andl think there's only one protocol item that I am aware of unless I'm missing something, and that's from the Commissioner in District 2. So I guess we'll stand in recess until we have all of the Commissioners present. Thank you. Commissioner Spence -Jones: Are there any board appointees or anything like that? Chair Suarez: Is there any board appointees or anything else that we can do? There's -- Dwight S. Danie (City Clerk): For Commissioner Carollo, there is one. Commissioner Spence -Jones: Okay. Chair Suarez: Okay, we have -- we have the man of the hour. Commissioner Spence -Jones: We got four now. [Later...] Chair Suarez: We will now proceed with the order of the day. Does the Administration wish to continue, defer, or withdraw any items from the regular agenda or the consent agenda? If so, Mr. Manager, would you please -- Johnny Martinez (City Manager): Yes, Mr. Chair. Chair Suarez: -- indicate which one they are, slowly, so we can write them all down? City ofMiami Page 5 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Mr. Martinez: I will. Chair Suarez: Okay. Thank you. Mr. Martinez: RE.1, defer to February 14, 2013; RE.2, withdraw; RE.7, defer indefinitely; RE.12 and RE.13, defer to November 14. Chair Suarez: Was -- did you say RE. 7, withdraw? Mr. Martinez: Defer indefinitely. There's a bid protest and we need to resolve that. Chair Suarez: I got it. What were the other ones, I'm sorry? Mr. Martinez: RE.12 and 13, defer to November 14. Chair Suarez: Okay. Yes. Commissioner Spence -Jones: I just want to ask, can -- I want to ask a question about one of these, but I'll wait 'til the other Commissioners go ahead and pull. Chair Suarez: Okay. Is there any item --? Commissioner Gort: (UNINTELLIGIBLE) November 15? The meeting's the 15th or the 14th? Mr. Danie: The meeting will be on the 15th. Mr. Martinez: Fifteenth. Commissioner Gort: Fifteenth, okay. Chair Suarez: Does any Commissioner wish to pull any additional items? Commissioner Gort: Mr. Chairman. Chair Suarez: Yes. Commissioner Gort: CA.4. Chair Suarez: You want to pull that from the consent agenda? Commissioner Gort: Yeah. I have some questions. Chair Suarez: Any other items wish to be deferred, withdrawn, or continued by any of the Commissioners? Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, you're recognized. Commissioner Carollo: I want to continue CA.5. Chair Suarez: Continue CA.5. Commissioner Carollo: And I'll add a little bit to that. City ofMiami Page 6 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Chair Suarez: You want to pull it and then continue it? Commissioner Carollo: No. Chair Suarez: Just want to continue? Commissioner Carollo: I want to continue it. Chair Suarez: Okay. Commissioner Carollo: And l just want to say with regards to that, that, Mr. Manager, I think before this goes on the agenda, especially on consent agenda, that you should see the district Commissioner. Like it's the standard -- and when you mentioned CA. 6 in our briefing, you definitely mentioned the district Commissioner there, so I would expect the same courtesy. So I'm deferring this to -- or continue to the next like meeting. Chair Suarez: That's fine. So just to summarize -- Is there anything else, Commissioner Spence -Jones? Commissioner Spence -Jones: Yes, Mr. Chairman. Chair Suarez: Yes. Commissioner Spence -Jones: I did ask for FR.2 to be pulled as well. I was waiting for the Manager to do it, but I'll go ahead and pull it anyway. Commissioner Gort: Which (UNINTELLIGIBLE)? Chair Suarez: Okay. Commissioner Spence -Jones: FR.2. Mr. Danie: Excuse me. Is your mike on? I -- Commissioner Spence -Jones: Yeah, it's on. Mr. Danie: Okay. Chair Suarez: When would you like it deferred to? Commissioner Spence -Jones: We can defer it to the next meeting, but definitely want to defer it. Chair Suarez: Okay, so that would be to the November 15 meeting. Commissioner Spence -Jones: That's fine. Chair Suarez: Okay. Commissioner Spence -Jones: Andl had a question about RE.7. I know that the Manager has mentioned we would -- I guess it's a bid protest. Mr. Martinez: Yes. City ofMiami Page 7 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Spence -Jones: I want to make sure that we're opening up that -- Or does this mean that we're going to put it back out or what are we doing? Mr. Martinez: We need to resolve and analyze the bid protest. After that, we'll make -- we'll come forward with a recommendation to the Commission, whether to go forward with the selection or modification. Commissioner Spence -Jones: Okay, 'cause I had -- remember, I had an issue with RE.6 and RE.7. So if you're pulling RE.7, I'm fine with, butt guess on RE. 6, when we get to it, you know, I'll kind of put my issues and concerns on that one. I don't want to stop anybody's project from happening, but I do want to be clear about some key things that I want to see change on that, okay? Mr. Martinez: That's okay, Commissioner. It's two separate items for two separate purposes. Commissioner Spence -Jones: Okay, no problem. Chair Suarez: Okay, so just to summarize, it's going to be CA.5 will be continued to the same like meeting. FR.2 will be deferred to the November 15 meeting. RE.1 will be deferred until -- Is it the No --? Commissioner Carollo: February 14, I think. Chair Suarez: February 14? Commissioner Gort: Yes. Chair Suarez: 'Til Valentine's Day? Okay. RE.2 will be withdrawn. RE.7 will be deferred until? Mr. Martinez: Indefinitely to resolve (UNINTET,T IGIBT ,F) -- Chair Suarez: Indefinitely. Commissioner Gort: It's a bid protest. Chair Suarez: RE.12 and RE.13 will be deferred until the November or the December meeting? Mr. Martinez: November 15. Chair Suarez: November 15. Okay, is there a motion? Commissioner Gort: Move it. Chair Suarez: Moved by Commissioner Gort. Is there a second? Commissioner Carollo: Second, discussion. Chair Suarez: Second by Commissioner Carollo for discussion. You're recognized. Commissioner Carollo: Real quick. With regards to CA (Consent Agenda) items that are being pulled, not continued or deferred, do you want me to mention which one I'd like to pull now -- Chair Suarez: Sure. City ofMiami Page 8 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Carollo: -- or do you want me to wait? Chair Suarez: Well, let's vote on the deferrals -- Commissioner Carollo: Gotcha. Chair Suarez: -- and then we'll pull. We'll pull and we'll vote on the consent agenda. Commissioner Carollo: Okay. Chair Suarez: Okay. All in favor, signify by saying "aye." The Commission (Collectively): Aye. City ofMiami Page 9 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 CONSENT AGENDA CA.1 RESOLUTION 12-01095 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS General Services RECEIVED AUGUST 21, 2012, PURSUANT TO INVITATION FOR BID NO. Administration 291272, FROM VARIOUS RESPONSIVE AND RESPONSIBLE BIDDERS, FOR OEM PARTS, ENGINE AND TRANSMISSION REPAIRS TO CITY OF MIAMI VEHICLES AND EQUIPMENT, ON AN AS -NEEDED BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES; AUTHORIZING SAID SERVICES AS NEEDED, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE ADDITION OF SUPPLIERS TO THE CONTRACT AS DEEMED IN THE BEST INTEREST OF THE CITY OF MIAMI. 12-01095 Summary Form.pdf 12-01095 Award Recommendation Form .pdf 12-01095 Tabulation Sheet.pdf 12-01095 Detail by Entity Names.pdf 12-01095 Addendum No. 1 & 3.pdf 12-01095 IFB - OEM Parts, Engine & Transmission.pdf 12-01095 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0403 CA.2 RESOLUTION 12-01098 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED PURSUANT TO INVITATION FOR BIDS NO. 284254, FROM ORACLE ELEVATOR, INC., FOR THE PROVISION OF ELEVATOR MAINTENANCE SERVICES -CITYWIDE, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR A PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 12-01098 Summary Form.pdf 12-01098 Tabulation of Bids.pdf 12-01098 Addendum No. 1.pdf 12-01098 Invitation for Bid - Elevator Maintenance.pdf 12-01098 Legislation .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones City ofMiami Page 10 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 R-12-0404 CA.3 RESOLUTION 12-01143 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE FUNDING OF THE POLICE ATHLETIC LEAGUE PROGRAM, TO ASSIST WITH EXPENSES RELATED TO THE OPERATION OF THE PROGRAM, IN AN AMOUNT NOT TO EXCEED $401,729; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, AWARD NO. 1169, PROJECT NO. 19-690001, AND ACCOUNT CODE NO. 12500.191602.883000.0000, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 12-01143 Summary Form.pdf 12-01143 Affidavit.pdf 12-01143 Certification of Applicant.pdf 12-01143 Annual Review & Evaluation.pdf 12-01143 Detail by Entity Name.pdf 12-01143 Financial Statement - Draft.pdf 12-01143 Legislation.pdf 12-01143 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-12-0407 Chair Suarez: Commissioner Carollo, you're recognized on CA.3. Commissioner Carollo: Thank you. IfI could have, Mr. Manager, please -- actually, the Parks director. Hi, Mr. Director. Juan Pascual (Director, Parks & Recreation): Good morning, sir. Commissioner Carollo: A couple years back, this PAL (Police Athletic League) program came before the Commission andl remember asking regarding the PAL program and what parks was it established, and mentioned how it used to be -- you know, there used to be a PAL in Little Havana, and for some reason, there was not, or it was do [sic] away with. Anyways, you know, now when I went through and my staff pointed out to me that you're having part of the PAL program in Henderson Park. That's correct? Mr. Pascual: Yes, sir. Commissioner Carollo: Now, my question is this: Month or two ago, I asked for all the programs, all -- every single program that is in every single park in District 3, which are not many, as you very well know. As a matter of fact, I discussed with the Manager how it should not take a month to receive this information. It should be readily available, you know, taken that we only have two or three parks in District 3. This PAL program was not in the information that you provided. So I just want accountability where how wouldl know what programs are actually offered in order to be able to, you know, address it with the citizens living in District 3, City of Miami Page 11 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 and you know, offering them to them or giving them the information that, you know, there are certain programs that's available to them. And this is a perfect example where I requested every single program and this was not there. All of a sudden, an agenda item comes up. I say, you know, I mentioned about the PAL program before in Little Havana, it's no longer there, and all of a sudden, Oh, no. It is there, Commissioner. So there's a discrepancy. And guess what want to point out is when I ask for information, I expect for it to be accurate and in a timely manner. Regardless, you had to take extra time to make certain, but the bottom line is, this was not there. So I want to know why wasn't this information included in what I asked for. Mr. Pascual: Yes, sir, Commissioner. The reason we took three weeks to put it together and get it to you is because we wanted to have a comprehensive review and ensure that the information we provided to you was correct. The PAL program changes and their allocations change. We do not administer the PAL program. The PAL program is administered, provided for, and organized exclusively through the Police Department. They approach us as their needs arise for the use of facilities, and then we coordinate with the existing program. At the time we provided you that information, we did not have the information that PAL was planning on and going into Henderson Park at that time. Commissioner Carollo: Okay. And then I want to make sure -- because I want to make sure that our departments are communicating. Chief when did the PAL program start at Henderson Park? And again, I just want to make sure this communication is being shared and within our departments because this is a perfect example where, you know, I'm asking for information in order to provide the information to the residents and receivedfrom, you know, what trust is, you know, our department heads, and all of a sudden, it changes or it's different and -- which usually changes. As soon as something comes in the agenda and they want you to approve it, it seems like that's where, you know, things change. But when did the PAL program come to Henderson Park? Chief Manuel Orosa (Police): Mr. Commissioner, I'm not aware of that. I -- we have the budget from this year and it's there in our budget. I'm not sure if it started last year or it's starting this year. But what can make assured to you is that moving on, we will provide the Parks Department, Mr. Pascual, a monthly report of what we're doing in each park. We can do that. Commissioner Carollo: Thank you. I appreciate that. Andl think that's the way it should work. I think, you know -- and what I'm striving here is to make sure that departments do communicate and when a Commissioner asks for the information, that it's accurate and all the departments are working together as a team, as well they should. So thank you. I don't have anything else, Mr. Chairman. Chair Suarez: Is there a motion? Commissioner Gort: Move it. Commissioner Spence -Jones: Mr. Chairman. We can move it. I just have a question, as well. Chair Suarez: Yes. Commissioner Carollo: And move for -- Chair Suarez: Okay. There -- a motion by Commissioner -- Commissioner Spence -Jones: Second. Just discussion. Chair Suarez: -- Carollo, second by Commissioner Spence -Jones. Commissioner Spence -Jones, you're recognized for discussion. City ofMiami Page 12 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Spence -Jones: Good morning. Good morning, Chief. Chief Orosa: Good morning. Commissioner Spence -Jones: I just had a -- one little question on -- you know I support PAL. We all support PAL 100 percent. Commissioner Carollo: Definitely. Commissioner Spence -Jones: The boxing gym rental, I wanted to kind of understand -- it says -- What gym are we renting? Is it the same one in the Grove -- Chief Orosa: The -- Commissioner Spence -Jones: -- or that's a different one? Chief Orosa: -- boxing gym originally was at Gibson Park, then it was moved to Coconut Grove. And we no longer have a lease with the property, so we're looking at moving it back to Gibson since there's a big space in Gibson Park and we have a lot of kids that are involved in the boxing program -- Commissioner Spence -Jones: Yeah. Chief Orosa: -- coming from the Overtown community. We're looking and we're speaking with Mr. Pascual to see if we can put it back in Gibson Park where it first started. Commissioner Spence -Jones: My only -- I don't have a problem with Gibson -- it being in Gibson Park. I just think we don't have the space to really accommodate it at this point only because really even the space that we do have -- right, Juan? -- is for the kids, period. It's not a lot of room in the new buildings that are built. So my question -- but my question wasn't really about Gibson Park. Wherever you decide to put it, I'm cool with it, but I just know that we don't have a lot of space. My question, though, is, So we don't have the boxing gym at all in Coconut Grove -- Chief Orosa: Correct. Commissioner Spence -Jones: -- anymore? Chief Orosa: Marc, you knew that? Vice Chair Sarnoff. Yeah. And l just read something yesterday, Commissioner, and maybe Parks can help me. I thought I read an e-mail (electronic) that we were going to try to relocate that boxing gym to -- I don't know if it was Virrick or if it was -- Chief Orosa: Well -- Vice Chair Sarnoff. It was going to remain in the Grove. Chief Orosa: -- we are open to suggestions. We're looking for space. We would like to open the gym as soon as possible. So whatever entity rent free we can find the fastest, the sooner we can move into the new location, whether it's -- Vice Chair Sarnoff. You have -- City ofMiami Page 13 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Chief Orosa: -- in the Grove or at Gibson, wherever we can find the space. Vice Chair Sarnoff. You say rent free. You weren't going to be paying rent over at the facility on Grand Avenue? Chief Orosa: Well, what we did there is that the PAL program paid a minimal amount of rent because it was in a private entity. We were hoping to save the money and go into a City facility if we can find one. What happened to that particular place is that the bank sold the property. It was -- the bank was holding it. It sold the property to the pharmacy at the corner, and the pharmacy in the corner wishes to use the property for storage and we had to leave. So we're looking for a space so we can relocate the PAL gym. Vice Chair Sarnoff. But -- and you have -- it's fair to say you have no ability to pay rent or a lack of desire? Chief Orosa: We would like to spend the money on the kids -- Vice Chair Sarnoff. Okay. Chief Orosa: -- and try to get afree space. Commissioner Spence -Jones: The only reason why I asked you 'cause on the budget, Chief it says, boxing, $30, 000 for gym rental. And of course, it includes additional things. So that's the reason why I asked. Chief Orosa: That was based on where we were. Commissioner Spence -Jones: Oh, okay. Chief Orosa: But if I can save that money and put it back into the kids -- Commissioner Spence -Jones: This goes back into the program. Chief Orosa: -- that's -- Commissioner Spence -Jones: Okay. Chief Orosa: -- what I'm looking to do. Commissioner Spence -Jones: No problem. Thank you. Commissioner Carollo: And Mr. Chairman -- Chair Suarez: Yes. Commissioner Carollo: -- just in addition, just for clarity. You -- when you obtained that space, I guess it wasn't a long-term lease or it wasn't -- 'cause I'm just a little surprised because I think - - you know, it wasn't too long ago, I remember this grand opening and -- Chief Orosa: Correct. Commissioner Carollo: -- a big press release and former boxers and all this, and now it's being closed or it's closed? Chief Orosa: What happened with that property is that that was -- like I said, the original City ofMiami Page 14 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 property was at Gibson Park, then it moved to Coconut Grove. That was the original location in Coconut Grove. For some reason, the boxing gym was closed many years ago. Commissioner Carollo: Right. Chief Orosa: We wished to reopen it. That place, the original place where a lot of our good champion kids came from was available, so we went in knowing that we were there -- The bank had made some arrangements with us that led us to believe that we could be there longer than we were. But however, business is business. Somebody came, offered them money for the property. They sold, and that new business wishes to use the space for storage, like I said. Commissioner Carollo: No, I understand, Chief. And by no means am I putting you on the spot. And like you said, you know, that's a business decision. I'm just looking at, you know, the Administration, as far as doing their due diligence. Before we go out with a big press conference and we invite former boxers or current boxers to come and we do a big, you know -- and all of a sudden, it's closed, you know. That's just -- I don't think it's a good light on the City, so I just -- Chief Orosa: I understand. Commissioner Carollo: -- and I'm just looking -- again, I'm not saying, you know, you're at fault. I understand that you're basically looking at the children and the PAL program. But you know, with regards to -- I don't know if it's Asset Management or what; I think, you know, we should have known a little bit more about that because -- Chief Orosa: Yeah. We were under the impression we could be there a little bit longer, long term. That's why we allocated the funds. Commissioner Carollo: Right. Chief Orosa: But as it turned out, they sold the property too quickly for us. Commissioner Carollo: That's understood. But someone from our Asset Management or someone from the Administration should have done more due diligence so that you're not put in this position now. And that's why I want to make it perfectly clear that I'm not saying that you're at fault, you know. But the bottom line is, the facts are that, you know, a few months ago or whenever it was, there was a big, all coming out, boxing again, and you know, we invited a whole bunch of people, a big, you know, hurrah and all the good stuff. And all of a sudden, I'm hearing now that it's closed. So that doesn't look good on the City and, you know, our Administration. Chief Orosa: Yes, sir. Commissioner Carollo: Thankyou. Chair Suarez: Thankyou. It's been moved and seconded. All in favor, signy by saying "aye." The Commission (Collectively): Aye. Chair Suarez: Before moving to PH.1, I was given this paper here that indicates that the League of American Bicyclists -- Are they in the audience? Dwight Danie (City Clerk): Excuse me. Did you do the consent agenda? Chair Suarez: We did. I think we voted on it. City ofMiami Page 15 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Mr. Danie: No. Commissioner Spence -Jones: I think we did in the beginning. Vice Chair Sarnoff. Yeah, we did. Commissioner Carollo: Yeah. Vice Chair Sarnoff. We did. Chair Suarez: We voted on it, and then we took -- Mr. Danie: I thought it was for order of the day. Vice Chair Sarnoff. No. We voted on the consent agenda. Commissioner Carollo: Yeah. Commissioner Spence -Jones: We did it first, and then we came back to the items we pulled. Chair Suarez: You have it on the record there? Yeah? Okay. Commissioner Spence -Jones: Okay. Chair Suarez: Okay. That's what I thought. Commissioner Spence -Jones: PH (Public Hearing) -- What were you saying, Mr. Chairman? Chair Suarez: Been doing this for a little while. CA.4 RESOLUTION 12-01073 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE OFFICE OF THE UNITED STATES ATTORNEY FOR THE DISTRICT OF COLUMBIA, THE METROPOLITAN POLICE DEPARTMENT OF THE DISTRICT OF COLUMBIA, AND THE CITY OF MIAMI ("CITY"), ON BEHALF OF THE CITY'S DEPARTMENT OF POLICE, TO PARTICIPATE IN THE PRESIDENTIAL INAUGURATION TASK FORCE IN THE WASHINGTON, D.C. AREA FROM JANUARY 16, 2013 TO JANUARY 22, 2013. 12-01073 Summary Form.pdf 10-01073 Email - Presidential Inaugural MOU.pdf 10-01073 Legislation.pdf 10-01073 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0406 City ofMiami Page 16 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 asked first. Commissioner Carollo: That's fine. Chair Suarez: Thankyou. Commissioner Gort: The question that have on CA.4 -- This is a special task force that's going to be formed to go to the inauguration. CA.4. Chief I only have a couple of question. Chief ManuelOrosa (Police): Sir. Commissioner Gort: Is this the first time we've been selected to be part of that team? Chief Orosa: No. This is the -- going to be the third. Commissioner Gort: The third, okay. Chief Orosa: It started -- Commissioner Gort: Now my understanding, reading all the document and if you can explain what it is and what your duties are going to be, it'll be -- I think we'll appreciate it. At the same time -- Chief Orosa: When -- Commissioner Gort: -- my understanding is all the expenditure, we're being reimbursed by the federal government. Chief Orosa: Yes. Commissioner Gort: Okay. Chief Orosa: What this is is every time there's a election of a president, the Washington, D.C. (District of Columbia) police puts out invitations and -- for departments all through the country to go and help with the inaugural. They need about 40,000 officers. So what this is, for the third inaugural in a row, we have been invited, which not a lot of police departments around the country get invited. It's an honor to work the inaugural of a president. We get invited, we go up there and we do traffic, we do security, and everything is paid by the federal government. They charter a plane. We just have to show up at the airport. We go to their hotel. They -- everything gets paid by them. And even the officer's salary -- because since it's on the holiday of Martin Luther King usually, it's on overtime. In about a couple of months after that, we get a check from the federal government reimbursing us for the salary of the employees. Commissioner Gort: Thankyou. Appreciate it. Chief Orosa: Yes, sir. Chair Suarez: Thankyou, Chief. Any further questions on CA.4? Is there a motion? Commissioner Gort: Move it. Chair Suarez: Moved by Commissioner Gort. Is there a second? Commissioner Carollo: Second. City ofMiami Page 17 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Chair Suarez: Second by Commissioner Carollo. All in favor, signin, by saying "aye." The Commission (Collectively): Aye. CA.5 RESOLUTION 12-01075 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE NATIONAL JOURNALISTS' ASSOCIATION OF CUBA IN EXILE, INC., A FLORIDA NON-PROFIT CORPORATION ("LICENSEE"), FOR THE USE OF APPROXIMATELY 520.5 SQUARE FEET OF CITY -OWNED PROPERTY LOCATED AT 970 SOUTHWEST 1ST STREET, OFFICES 400-401, MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING OFFICE SPACE FOR THE UNIFICATION OF CUBAN JOURNALISTS LIVING IN EXILE, COMMENCING FROM THE EFFECTIVE DATE, WITH THE LICENSEE TO PAY A MONTHLY USE FEE TO THE CITY OF TWO HUNDRED SIXTY-EIGHT DOLLARS AND 06/100 ($268.06), PLUS STATE OF FLORIDA USE TAX (IF APPLICABLE), WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 12-01075 Summary Form.pdf 12-01075 Short Form - Exempt 2011 Tax Returns.pdf 12-01075 Legislation.pdf 12-01075 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones CA.6 RESOLUTION 12-01076 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND ST. STEPHEN'S EPISCOPAL CHURCH, INC., A FLORIDA NON-PROFIT CORPORATION ("LICENSEE"), FOR THE USE OF CITY -OWNED PROPERTY LOCATED AT 2820 MCFARLAND ROAD, MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING SPACE TO PROVIDE PHYSICAL FITNESS PROGRAMS, COMMENCING FROM THE EFFECTIVE DATE, FOR A TERM OF TEN (10) YEARS, WITH THE LICENSEE TO PAY A USE FEE TO THE CITY OF ONE DOLLAR ($1.00), PLUS STATE OF FLORIDA USE TAX (IF APPLICABLE), PER YEAR, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 12-01076 Summary Form.pdf 12-01076 Legislation.pdf 12-01076 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. City ofMiami Page 18 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0405 Adopted the Consent Agenda Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF CONSENT AGENDA Chair Suarez: Okay, does anyone, aside from Commissioner Gort, which already expressed an interest in pulling CA.4, wish to pull any other items from the consent agenda? Commissioner Carollo: Yes, Mr. Chairman. Chair Suarez: Which one? Commissioner Carollo: CA.3, please. Chair Suarez: CA.3. So is there a motion on CA.1, 2, and 6? Vice Chair Sarnoff. So move. Commissioner Gort: Move it. Commissioner Carollo: Second. Chair Suarez: Moved and seconded. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Chair Suarez: I'm going to call the mover as the Vice Chair and the seconder as Commissioner Carollo. PUBLIC HEARING PH.1 RESOLUTION 12-01077 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS), AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92(A)(1) AND (3) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF SERVICES FROM AT&T, FOR A FULLY MANAGED, HOSTED NG911 SOLUTION, FOR THE DEPARTMENT OF POLICE, FOR AN INITIAL TERM OF FIVE (5) YEARS, WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL FIVE (5) YEAR PERIOD, AT A FIRST YEAR COST NOT TO EXCEED $2,577,778.88 AND FOR EACH City ofMiami Page 19 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 SUBSEQUENT FISCAL YEAR, AT AN ANNUAL AMOUNT NOT TO EXCEED $577,778.88, PLUS AN ADDITIONAL ANNUAL AMOUNT OF $128,964.96 TO BE PAID DIRECTLY TO THE STATE OF FLORIDA FOR NETWORK ACCESS FEES, PURSUANT TO MYFLORIDANET STATEWIDE PRICES, SUBJECT TO FUTURE RATE ADJUSTMENTS BY THE STATE OF FLORIDA; ALLOCATING FUNDS FROM THE E-911 SPECIAL REVENUE PROJECT NUMBER 19-196003, AWARD 1214, ACCOUNT CODES: 12000.190351.534000.0000.00000 AND 12000.190351. 541000. 0000.00000; FURTHER AUTHORIZING THE CITY MANAGER, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID SERVICE ACQUISITION. 12-01077 Summary Form.pdf 12-01077 Notice to the Public.pdf 12-01077 Memo - Purchase Fully Managed Hosted NG911 Solution.pdf 12-01077 Legislation.pdf 12-01077 Exhibit 1.pdf 12-01077 Submittal- Vice Chair Sarnoff.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PH.1 was deferred to the December 13, 2012 Commission Meeting. Chair Suarez: PH.1. Okay, we'll 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 Commission must begin by stating his or her name for the record and the street address. We will now begin with PH.1. Juan Flores: Good morning. Chair Suarez: Morning. Mr. Flores: J. C. Flores, with AT&T (American Telephone & Telegraph), address, 150 West Flagler Street, Miami, Florida. Just here in support of the item for AT&T, and see if you have any questions. Chair Suarez: Yes. Commissioner Carollo: Is this PH.1? Chair Suarez: This is PH.1. This is a public hearing item. Anyone from the public wishing to speak on PH.1? Commissioner Gort: Shouldn't we hear from Administration first? Chair Suarez: Let's just open -- I think we should open -- Commissioner Gort: Okay. Chair Suarez: -- and close the public -- Anyone from the public wishing to speak on PH.1? Hearing none and seeing none, the public hearing on PH.1 is closed. Is there anyone from the City ofMiami Page 20 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 staff that wants to present on this item? I think Commissioner Gort would like to hear a presentation from staff. Kenneth Robertson: Good morning, Commissioners. Kenneth Robertson, Purchasing director. PH.1 is a resolution requiring a four fifths affirmative vote, approving a sole source finding for a contract with AT&T to provide a fully managed, hosted NG911 Solution, for the Department of Police, for an initial five-year term and a one-year -- five-year renewal option. Vice Chair Sarnoff. Mr. Chair. Chair Suarez: Yes, you're recognized, Mr. Vice Chair. Vice Chair Sarnoff. I'm going to move to continue this for 60 days. And I'd like to give you guys a little bit of background and why -- Commissioner Spence -Jones: Second. Vice Chair Sarnoff. -- I'm doing this. I don't know -- was anybody up here on the dais when we did the franchise agreement for Cox Cable? I think it predates all of you. I'm not sure -- Commissioner Spence [sic], I'm not sure you were here. Commissioner Spence -Jones: I don't remember. Vice Chair Sarnoff. Yeah. For all of you -- and I've gone to all your neighborhoods just to check out if it's the same as my neighborhood. And if you remember, Mr. Chair, you walked with me -- Chair Suarez: Yep. Vice Chair Sarnoff. -- predominantly in my Latin district. Chair Suarez: (UNINTELLIGIBLE). Vice Chair Sarnoff. And what this comes down to is the condition of our poles in Miami and why do we have double poles and why do we have so much spaghetti wire. And the last time -- And by the way, this is nothing to say or do about Mr. Flores, who came to my office and is an extremely honorable guy. And by the way, I want to tout FP&L (Florida Power & Light) and Jose Solares, who has been an absolute gentleman and an absolute pleasure to deal with in removing as many of the double poles as we absolutely could up to this point in time. But we're at a stalemate at this point. So what's happened? If you look at the pictures I've shown you, you'll see what's called -- we call them the permanent double poles. Now you're not supposed to have double poles. But why do I call these permanent double poles? Permanent double poles mean FP&L has come out and done its job, but AT&T and Cox Cable has not. So what they do is, after a period of time, they actually cut the double pole down so that AT&T and Cox can remain on their side of the pole, leaving Miami with a pretty ugly public right-of-way. And as -- and it doesn't just stop there because if you really look at the lower end of the pole, that is predominantly Cox Cable, and Cox Cable has spaghetti wire that is totally unnecessary, is totally -- I would tell you we're about to go through some significant winds today, maybe not hurricane force and maybe not even tropical storm force, but I will tell you, you'll have some Cox Cable cabling coming down today simply as a result of their negligence or their lack of care for the citizens ofMiami. So why do I suggest that these double poles are an eyesore? Well, a picture's worth a thousand words. Why do I suggest there could even be a potential for a little bit of safety? Well, again, a picture's worth a thousand words. So why do I suggest that we delay this contract? Because when we had the Cox Cable franchise agreement come up to this Commission, Cox Cable met with me and made a promise. And the promise that Cox Cable City ofMiami Page 21 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 made was, Commissioner, we're going to get right to these double poles. We're going to get right to this spaghetti wire, and we're going to fix this. And why do I bring up the fact that the Chair andl walked in my district? If you remember, we had a Latin gentleman come out and cry Chair Suarez: Complain about -- yeah. Vice Chair Sarnoff. -- actually cried about what the pole looked like in front of his house. Well, I will tell you all this, this is your opportunity to use leverage that you will never have for a long, long time again. Andl apologize to the Chief of Police, but checked that this is not a safety issue for right now. And Mr. Flores has come here with a plan to take down in the neighborhood of 200 double poles to fix the spaghetti wire, to get Cox Cable to be a good citizen, and to come out to all of our neighborhoods and start this process. And he said to me, You can trust me, Mr. Commissioner. Andl said, Mr. Flores, I've known you for about 16 seconds. I said, Do you know what (UNINTELLIGIBLE) means? He says, No. Andl said, It means, trust but verify. It was Ronald Reagan, when he looked into that then president of Russia and said, I trust you, but I'd like to verify it. Well, I trusted Cox Cable. Andl guess I looked in their eyes andl didn't do a very good job because Cox Cable at that time during the franchise agreement, simply walked away and said, I'm not going to fix these poles. I think there is a plan in place. Again, I want to stress that Jose Solares of FP&L has been a pleasure to deal with and has taken down as many poles as he possibly can, but he's at his wit's end. Now we have AT&T here, who is extremely motivated to get this done, who will put pressure on Cox Cable to do what it's supposed to do. And I can tell you this -- and if you remember the walk -- I think these are the things that the citizens ofMiami get frustrated with. I think they see it as an eyesore. I'm sorry that we have exterior electric and cabling. I wish we were underground, but we're not. But why have double poles? Why have extra spaghetti out there? It looks horrible. You take care of your home; you paint it, you sweep it, and then you have these franchisers come out and not care at all about what goes on in front of your home. So I'm going to suggest that we continue this for 60 days, we get a report back how many poles have come down, and then you'll make a decision whether you trust them enough to take the rest down. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: I don't have a problem with the deferral. I just prefer that we do it for a certain Commission meeting instead of 60 days so we're not, you know -- Chair Suarez: December or January? Do you want --? Vice Chair Sarnoff. Let's do it for the January meeting. Chair Suarez: First meeting in January? Vice Chair Sarnoff. Yeah. Chair Suarez: Okay, first meeting in January. Is there --? Commissioner Gort. Commissioner Gort: Well, my question was the -- when you put this out, IT (Information Technology) Department works along with you guys. Our IT Department works with you in -- Chief Orosa: Yeah. Commissioner Gort: -- conjunction. City ofMiami Page 22 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Chief Orosa: Our Police Department, IT Department was the one that put this together. And basically, what it is, Commissioner, is that we own the 911 system -- Commissioner Gort: Right. Chief Orosa: -- and it's at end of life. We are gutting some of the systems in order to pull parts to keep the system up and running. This would be a lease. This, we don't have to train people or hire people to fix the system when it goes down. AT&T does it on their own. All we got to do is make a phone call. So it's a win -win for us. The only thing would ask the Commission is to take a look at it in 30 days, and then if you need to defer it again, please defer it again. My only situation is that since we are right now scavenging for parts, the system we have, there are no parts available. We're using our own salvage of parts to keep the system running. I'm just weary [sic] that if it goes down and we don't have the parts to fix it, then we're in a jam. And by the time -- if the contract would be signed today by the time that we're up and running, it's going to be six months. So I agree with you, Commissioner Sarnoff. If -- the only thing would ask, if you can come back in 30 days and see what progress we've done with the poles and then if you need to defer it and we're okay, that the system is still operational, we can defer it again. But would like that leeway, please. Vice Chair Sarnoff. And Mr. Chair. Chair Suarez: Yes. Vice Chair Sarnoff. I just want you to know, Chief I did check to find out whether I would, in any way, shape, or form be imperiling anyone in Miami over this. Andl did confirm you're not at capacity and you have sufficient parts to go for the 60 days. I'll bring it back to 30 days. But I want you to know I would never do this -- Chief Orosa: No, I understand. Vice Chair Sarnoff. -- without -- But I will tell you this, without leverage over AT&T, without leverage over Cox Cable, you will never get anything done. Chief Orosa: Okay. Chair Suarez: Yes, Commissioner. Commissioner Gort: My question is, 911 is every important to us. I've looked through this document and there's a lot of different use. I would like someone to come to my office and explain to me each one of these use. By the way, Mr. Flores is second generation. I've known him for a long time, and he's following his father, and I'm sure -- Vice Chair Sarnoff. I know his -- Commissioner Gort: -- he knows he's got 30 days to bring a report where he has knock down "X" amount of pole. So if you would change your motion, I'll second it. Vice Chair Sarnoff. Andl will, Commissioner. But want you to know this is a little bit out of Mr. Flores -- Remember, you're talking to AT&T I believe AT&T will do what they say they'll do. I do not believe Cox will. And AT&T has leverage on Cox right now because they're about to make a significant amount of money on this contract. So AT&T, who is -- I don't want to call your partner. You're really not a partner. You're a co -user with Cox Cable -- 'cause I don't want to put you in partnership with those folks. But you're a co -user with Cox Cable. And as a co -user, you can use all of your right, power, and ability to get them to do what they're supposed to be doing. Andl -- I'm sorry you're a little bit of a pawn in a little bit of a game here, but I've City ofMiami Page 23 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 been trying to get these poles down for three years. Andl have used Public Works. I have used FP&L. I've used everybody I can use to try to do what they're supposed to be doing. I hear you. I just want to see it happen. I think it's something -- it's a huge gift -- it's not really a gift. It's actually a right for the citizens ofMiami to have a right-of-way that looks somewhat structured and clean. Commissioner Spence -Jones: Mr. Chairman. Chair Suarez: Yes. Commissioner Spence -Jones: I just have one comment -- actually, two. The first one is I definitely agree with Vice Chair Sarnoff regarding this issue, and if we can use this leverage in any way to get them to pay attention, I think that we must do that. Once we vote on the item, it's over and we're on to the next thing. So I understand why he's pushing it, especially with a lot of our new, major reconstruction roadway projects, where we spend money -- I can use an example. On 3rdAvenue, we went -- we put the dollars necessary to redo the roads, to redo the lighting, and to make the place look cleaner. And then all of a sudden, we have these horrible looking cable wires all over 3rdAvenue. It kind of defeats the purpose of trying to clean it up to make it look better. So I support him 100 percent on us having the time to have you go back to, you know, the individuals that are necessary to say that this is -- these are the things that you'll try to work on and -- or not try, that you will work on to clean up. Andl would just make a recommendation that we definitely start with where we have the new road construction based projects to make sure that that actually happens. The second part of this -- andl understand the Chief and support the Chief 100 percent, you know. We go from -- I guess we can only handle 22 calls at this point. And now this will allow us to go up to 54 calls, so that's almost doubling the number. So I understand what your issues and concerns are on this issue as well. So I would -- if we can try to do this in 30 days and not push it into January, I think that makes the most sense. I think we should respect what the Chief is asking to have happen 'cause at the end of the day, when those calls are not getting answered and there's an issue around whether or not people are being serviced properly, then we're going to be saying to the Chief What's going on? So if we can -- if you don't mind -- Vice Chair Sarnoff. Yeah. I don't -- and Commissioner, I'll amend my motion. But I want you to know that I did confirm we have never been at capacity. So -- and we're not close to capacity. Commissioner Spence -Jones: Okay. Vice Chair Sarnoff. So I think it was a safe bet or at least a safe way of proceeding 60 days. I hear this Commission. You want to come back in 30 days and get a report. You guys will decide when you can look into their eyes and decide that they're going to be -- do what they say they're going to do. Commissioner Gort: That's a good way to earn his trust. Vice Chair Sarnoff. It is. Chair Suarez: What date is the December meeting? Dwight Danie (City Clerk): The December meeting is on December 13. Commissioner Gort: Thirteenth. Vice Chair Sarnoff. Fine. I'll amend my motion to Decem -- to continue this to December 13. Chair Suarez: Is there -- who -- City ofMiami Page 24 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Gort: Second. Commissioner Spence -Jones: Second. Chair Suarez: -- was the second on it? Okay, second by Commissioner Gort. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Chief Orosa: Commissioner Gort, I'll schedule a meeting with my staff and your staff. Commissioner Gort: Yeah, thank you. Appreciate it. Chair Suarez: SR.1. Commissioner Gort: Before we go to SR.1, may I have -- ask a question? Chair Suarez: Sure. Commissioner Gort: My understanding, anyone to install a pole needs to get a permit from the City. Am I correct? Do we have any ordinance that tells if you provide a new pole, you got to remove the old one? Can we do that? Vice Chair Sarnoff. This came up, Mr. Manager, once before. Some of the poles are owned by FP&L. Some of the poles are owned by the City ofMiami. I'll let Public Works -- Nzeribe Ihekwaba (Director, Public Works): Good morning. Zerry Ihekwaba. Per Chapter 54 of the City Code, issuance of permit for installation of poles requires you to remove existing poles. However, all the utility companies have a joint use agreement that allows them to cohost each other. That is what Commissioner Sarnoff has been trying to explain. If AT&T decides to take "X" number of months, there's nothing FP&L can do because of the joint use agreement with the State, which is what we've been battling with. We've refused to issue new permits because of this type of problem and we didn't get much mileage out of it. So I think any type of leverage the City can exercise will go a long way. Commissioner Gort: Let's make sure the procurement understands that and any leverage we can put in any of those contracts, we put it in. Vice Chair Sarnoff. Our best chance was during the franchise agreement of Cox. Commissioner Gort: Right. Vice Chair Sarnoff. And that was the time to put the leverage, and that's the time Cox came and said they would take care of it and they did not. Chair Suarez: I think another president said, Fool me once -- Commissioner Gort: Did they state it -- did they state that on the record? Vice Chair Sarnoff. Oh, yes. Commissioner Gort: Okay. Vice Chair Sarnoff. Oh, yes. Yeah, and you're right, Mr. Chair. Fool me once, shame on you; City ofMiami Page 25 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 SR.1 12-00537 Department of Capital Improvements Program fool me twice, shame on me. Chair Suarez: I don't think he got it quite that smoothly out, but -- Vice Chair Sarnoff. Well, I hear what you're saying, and I've been fooled once. Chair Suarez: But you can't get fooled twice. Vice Chair Sarnoff. Right. END OF PUBLIC HEARING ORDINANCES - SECOND READINGS ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE I/SECTION 54-9 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/IN GENERAL/PLACING SIGNS ON ANY PORTION OF PUBLIC RIGHT-OF-WAY, STREET OR SIDEWALK SURFACE", MORE PARTICULARLY BY ADDING SECTION (F) TO PROVIDE DEFINITIONS OF BICYCLE SHARING AND RENTAL PROGRAM AND RELATED TERMS; TO PERMIT THE PLACEMENT OF SIGNS OR ADVERTISING ON CITY OF MIAMI BICYCLE SHARING PROGRAM FACILITIES LOCATED WITHIN THE RIGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00537 Summary Form FR/SR.pdf 12-00537 Legislation (Version 4) SR.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo 13346 Chair Suarez: All right, SR.1. MarkSpanioli: Good morning, Commissioners. Mark Spanioli, Capital Improvements director. SR.1 is the second reading that was previously deferred to amend the City code related to signage placement in the public right-of-way for an upcoming bicycle share program we have. The two issues that came up that caused the deferral -- one was the -- to go back and take a look to see if we could remove the signage panels, similar to those at bus benches. We went ahead and did that. We did remove that from the ordinance, and we are still able to provide revenues to the City with our current negotiations with our vendor. And the other thing that came up was the ability to see if we could -- if you were riding a bike in Miami Beach, if you crossed the City boundaries and continue riding your bike and place it into the bicycle share program in the City ofMiami, and the vendor that we have is able to do that. In addition, they could even cross into Coral Gables when Coral Gables works on their program. So we have looked into that and that can happen. Chair Suarez: Great. Thank you. This is a public hearing item. Anyone wishing to speak on SR.1? Anyone wishing to speak on SR.1? The public hearing on SR.1 is closed, coming back to City ofMiami Page 26 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 this Commission. Vice Chair Sarnoff. So moved, Mr. Chair. Chair Suarez: Moved by the Vice Chair. Is there a second? Commissioner Spence -Jones: Second, discussion. Chair Suarez: Second by Commissioner Spence -Jones. Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: Not a big issue, Mark. I just want to ask a quick question. I know we're voting on the ordinance, but I know as a part of this whole discussion that we've had with you, as far as the percentage of the contracts that come back to Commission for approval, will this -- before -- whoever we're going to do business with, that will be -- that will come back in front of us for us to vote, correct? Mr. Spanioli: That is correct. That is correct. Commissioner Spence -Jones: All right, so no matter what, we'll have the opportunity to discuss the, you know, percentage -- Mr. Spanioli: The actual contract will be discussed. Commissioner Spence -Jones: -- and what's going to come back to us? Mr. Spanioli: That's correct. Commissioner Spence -Jones: All right. That's all wanted. Chair Suarez: Thankyou. Madam City Attorney, it's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Dwight Danie (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Mr. Danie: The item has passed, 4-0. Mr. Spanioli: Thankyou. SR.2 ORDINANCE 12-00935 Department of Planning and Zoning Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING DEPARTMENT," MORE PARTICULARLY BY AMENDING SECTION 2-207, ENTITLED "ZONING CERTIFICATE OF USE REQUIRED; ANNUAL REINSPECTION OF BUILDINGS AND PREMISES; FEES FOR INSPECTIONS AND ISSUANCE OF CERTIFICATES" TO DELETE OBSOLETE LANGUAGE, ADD LANGUAGE THAT IS CONSISTENT WITH MIAMI 21, THE ZONING ORDINANCE OF THE CITY OF MIAMI, AND AMEND THE RENEWAL City ofMiami Page 27 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 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 Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 13347 Chair Suarez: SR.2. Barnaby Min: Barnaby Min, Zoning administrator. SR.2 is an amendment to Chapter 2 of the City Code. It is meant to change the invoice -- the renewal invoice date for CUs (Certificates of Use) to be on the fiscal year so it will be sent out the same time as business tax receipts. The Finance Department has estimated this will save the City approximately $10,000 per year. It will also reduce the amount of confusion by businesses that have to have both CUs and BTRs (Business Tax Receipts) and hopefully encourage compliance. Just to explain, the ordinance looks a lot longer than it is because there are a lot of strike-throughs and underlining just to update the language from 11000 to Miami 21. No prices have actually changed, and there is no substantive change, other than amending the invoice date. Chair Suarez: This is a public hearing item. Anyone wishing to speak on SR.2? Mariano Cruz: Sure. Mariano Cruz, 1227 Northwest 26 Street, speaking as a resident, not a taxpayer, as a resident of the City, you know. I like to have always a good language in all the things because it make language clear. I remember when I applied for my test, pest control as entomologist, you know, certified pest control. The person who taught me how to be certified to work, he couldn't take the test because the language was so confused and it was discriminatory. Sometimes this language discriminate against the regular guy there in the street because, you see, you have to be a lawyer. I don't have to be a lawyer to understand something. Let's put it right. Let's put it in clear English. No, don't go to all these mumbojumbo, whatever, this technical language. Make sure that it's in English. Write English, you know, the language of the people (UNINTELLIGIBLE). But people, Oh, I have to consult a lawyer. Why you have to consult a lawyer to ask for a (UNINTELLIGIBLE) for -- anything for a variance? You should be entitled to go and apply, right? It shouldn't need to be, oh, I have to hire Lucia Dougherty or hire some of these people that contribute a lot of money to the political campaigns. No. Anybody should be able to read anything, okay. Because I pass the test that was discriminatory at the time, where a very few people that were certified pest control operator at the time. But I passed the test because I have the knowledge. No, I have the -- maybe I could apply for one of these jobs through the City where I don't need a resume, you know. Chair Suarez: Thankyou, Mr. Cruz. Thankyou. Anyone else from the public wishing to speak on SR.2? Seeing none and hearing none, the public hearing on SR.2 is closed, coming back to the Commission. Is there a motion or discussion? Commissioner Gort: Move it. Vice Chair Sarnoff. So moved. Commissioner Spence -Jones: Discussion. Chair Suarez: Moved by the Vice Chair, second by Commissioner Gort. Commissioner Spence -Jones. City ofMiami Page 28 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Spence -Jones: Hey, Barnaby. Mr. Min: How are you? Commissioner Spence -Jones: Good. I just have -- I understand why we're doing this, just to make sure that there is clarity with -- sorry -- there is clarity in the ordinance. Mr. Min: Yes, ma'am. Commissioner Spence -Jones: Okay. So I understand why we're doing it. I just want to be clear, though, from the standpoint -- two things. One, are we increasing fees? Mr. Min: No. Commissioner Spence -Jones: So we're not increasing fees. And then the other one that want to be clear on is if there are -- so where are we getting the extra $10, 000? Mr. Min: The $10, 000 in savings is currently there are two invoices that go out every year. The CU invoice goes out at the end of the calendar year and the business tax receipt goes out at the fiscal year. So the goal is to combine both invoices into one invoice to save -- Commissioner Spence -Jones: That's -- so that's the savings? Mr. Min: Correct. Commissioner Spence -Jones: Okay. Thank you. Chair Suarez: I have a question. Are there any further questions? Since we're going to be changing it beginning -- effective next fiscal year, correct? Mr. Min: Yes. Chair Suarez: So someone who -- Are we --? Andl haven't seen it in the legislation or is it the policy of this Administration that when they buy it this year in January, that it's going to be -- they're going to get some sort of a discount because it's not going to apply all the way through to the next January? Mr. Min: The -- we're actually working with the Law Department on that issue concerning prorating the CU renewals. Chair Suarez: Right. Mr. Min: There is a notice that we're already going to include with the invoice date -- the invoices so they understand that a new invoice will be coming out in July. There is some back and forth on whether or not we're able to prorate it because the purpose of the fee on the invoice is to cover the cost of inspections that are conducted for the CU. Chair Suarez: Right. Mr. Min: So the inspections are actually conducted. Chair Suarez: Right. Mr. Min: There really is no proration since the work's already been conducted. However, we City ofMiami Page 29 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 are still researching whether or not there is a way to somehow prorate it by dividing it by 12, multiplying by 7, to prorate it over the 7-month period. Chair Suarez: Yeah. And that, for me, is important because, otherwise, you're paying for a certificate that it should last a year and you're really only getting, you know, eight months. So for me -- for those extra four months, you're actually paying twice for the certificate. So either you prorate the first year, you know, or something, you know. You either discount the first year that you put this into effect or you prorate this year when someone comes in in January to buy a certificate of use. That's the only way I'll support this so -- Mr. Min: Obviously, if that's the will of the Commission, we'll follow the will of the Commission. Chair Suarez: That's my will. Mr. Min: Again, the purpose of the renewal -- the invoice or the fee is not actually a charge for the entire year, but a charge for the fire inspections that are actually conducted by Fire -Rescue. Chair Suarez: Right, but the -- but looking at it from the other perspective, from the business owner's perspective, when they purchase a CU for the year, they feel like they are getting a certificate of use for an entire year, not for -- not paying for an entire year and getting it for only eight months, where they have to renew within the eight -month period. So I'm going to request that the maker of the motion amend the ordinance -- Vice Chair Sarnoff. As modified by the Chair. Chair Suarez: -- to prorate it for this fiscal year. So whatever legislative language has to be incorporated into the piece of legislation so that there's not a double counting of either starting the new legislative year with a discounted rate or this year, them getting a prorated rate. Vice Chair Sarnoff. As -- maker -- as modified Chair Suarez: Seconder -- does the seconder --? Commissioner Gort: I do. Yes. Chair Suarez: Okay. Commissioner Gort: Definitely. Chair Suarez: So it's an ordinance, as modified, Madam Attorney. Julie O. Bru (City Attorney): Okay. The Ordinance was read by title into the public record by the City Attorney. Ms. Bru: And it will be amended to reflect the policy directive that for the implementation, there will be some sort of rebate or discount to adjust for the partial year. Chair Suarez: Thank you. Dwight Danie (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Mr. Danie: The item has passed on second reading, 5-0, as modified. City ofMiami Page 30 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Chair Suarez: Thankyou. SR.3 ORDINANCE Second Reading 12-01009 District4- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 2/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Francis Suarez AMENDED, ENTITLED "MAYOR AND CITY COMMISSION," MORE PARTICULARLY BY AMENDING SECTION 2-32, ENTITLED "TIME AND PLACE OF MEETING," PROVIDING FOR BOTH REGULAR NOVEMBER MEETINGS TO BE HELD ON THE THIRD THURSDAY OF NOVEMBER AND FOR BOTH REGULAR DECEMBER MEETINGS TO BE HELD ON THE SECOND THURSDAY OF DECEMBER; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 12-01009 Legislation (Version 2) SR.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 13348 Chair Suarez: SR.3. Do you want to make the presentation, Madam Attorney, or do you want me to say it -- to briefly present it? It's basically coding what has been our practice, which is to have one meeting in November, one meeting in December, and changing it -- slightly modifying it for the second week in -- the second Thursday in December versus the third Thursday in both because of the holidays. And obviously, we -- you know, we reserve our right to have special meetings as defined by ordinance in the event that one meeting per month is not sufficient. Andl know that, you know, that's something that we've done in the past. So this is a public hearing item. Anyone from the public wishing to speak on SR.3? Mariano Cruz: Yeah. Mariano Cruz -- Chair Suarez: You're recognized. Mr. Cruz: -- 1227 26 Street. And like I say in the previous meeting when you got the first reading, I don't know if you going to have enough time in November and one meeting in December, one meeting to discuss all the things we (UNINTET,TIGIBT,F) -- especially, we have now comingl don't know -- what do they call it, that $45 million or $50 million for the tunnel or whatever it is. That will take a lot of time because that's, as I said before, is a regional thing. It's not a city thing. Like the stadium was not a city thing, but look at what you're getting there. See, people worry about the little tax or the little garbage thing, solid waste fee. We got to worry about those big -ticket items because it's not -- It's like the James L. Knight Center. Look at how much money we paying. It's a black hole. It will be another black hole too, that $45 million that we put money, money, money there, the interest and all -- you see all these bond people coming here with the briefcase and the three-piece silk Italian suits. They come here looking for money. They don't bring any money here, and you know that because you were working too before with the bond thing, people, whatever. You know, they come here -- it's like the shark when they smell blood. They smell money. It's a feeding -frenzy. Let's go to the City ofMiami. There's plenty of money there. Thank you. Chair Suarez: Thankyou. Anyone else from the public wishing to speak on SR.3? Anyone else - City ofMiami Page 31 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 FR.1 12-01170 District 4- Commissioner Francis Suarez Commissioner Gort: Move it. Chair Suarez: --from the public wishing to speak on SR.3? Seeing none and hearing none, the public hearing on SR.3 is closed. Commissioner Gort: Move it. Chair Suarez: Been moved by Commissioner Gort. Is there a second? Vice Chair Sarnoff. Second. Commissioner Carollo: Second. Chair Suarez: Second by Commissioner Carollo. It is an ordinance of the City Commission. The Ordinance was read by title into the public record by the City Attorney. Dwight Danie (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Mr. Danie: The item has passed on second reading, 5-0. Chair Suarez: Thank you. END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 10/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED"BUILDINGS/REGISTRATION OF VACANT, BLIGHTED, UNSECURED OR ABANDONED STRUCTURES," MORE PARTICULARLY BY ADDING A NEW SECTION 10-66 AND 10-67, ENTITLED "REGISTRY FOR REAL PROPERTIES" AND "REGISTRATION OF REAL PROPERTY," RESPECTIVELY, CREATING AND IMPLEMENTING A PROCESS FOR THE REGISTRATION OF PROPERTIES SUBJECT TO FORECLOSURE PROCEEDINGS OR MORTGAGE DEFAULT; ADDING DEFINITIONS AND PROVIDING REVISIONS FOR PURPOSES OF ESTABLISHING THE REGISTRATION PROCESS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 12-01170 Legislation.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort Note for the Record: Item FR. 1 was deferred to the January 24, 2013 Commission Meeting. Direction from Commissioner Gort to the City Attorney to develop language that will require for City ofMiami Page 32 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 liens on available properties to be reported to potential buyers. Chair Suarez: FR.1 is a piece of legislation that had introduced first by discussion item, which has to do with lenders, banks registering or preregistering properties that are likely to go into foreclosure where they've noticed a default. The City Attorney has asked that we go ahead and pass it on first reading, but that there are some additional details that she would like to look into it before it comes back on second reading. So obviously, you know, we're willing to work with -- you know, we're -- we want the best possible piece of legislation. So -- yes, Commissioner. Commissioner Gort: I got a comment on that. If you're aware, the market -- the (UNINTELLIGIBLE) market and -- a lot of the people been moving out of that area and a lot of the old warehouses are finally getting people to invest and buy some of those warehouses. They close on the property, and after they close, they go pull the permit to do the changes and they find out that it's lien for 200, 000, $250, 000. I think this document should have something where it -- any property that has any liens somehow should be reported before the purchase take place. I try to pass that a long time ago, but then we had a lot of objection from the realtors. But think this is something we need to do. This holds a lot of the closing. A lot of the transactions supposed to take place are not taking place. So I would like to see something added to this to put some teeth into it. Chair Suarez: And we'll consider that a direction from Commissioner Gort to the Administration to work on that piece of legislation. This is something kind of in conjunction with Operation Clean Sweep and with some of our earlier efforts, you know, to make sure that banks are responsible property owners and that, you know, we're notified immediately when we see a situation so that we can act prophylactically to address what can be a foreclosed home, an abandoned home, a home that is unsightly and that causes a tremendous diminishment of quality of life in our neighborhoods. Andl think we're seeing that in all our districts. And so, I think, you know, it's on us to continue to step up our legislative efforts to arm the City with whatever tools we can to make sure that we avoid properties from getting into that condition. Ms. Solares. Grace Solares: Good morning, Mr. Chairman -- Chair Suarez: Good morning. Ms. Solares: -- and Commissioners. This legislation, the way it's drafted andl see it, it goes beyond that, sir. It's violative of Article I of the constitution of the state, Section 23, that has to do with the invasion into my right of privacy. On second -- on page 2 you describe the abandoned property, as meaning a real property located in the City, whether occupied or not, that is in default of a mortgage. Well, assume for the moment that have a mortgage andl receive a notice of default because, for whatever reason, I wasn't able to pay two or three months. Allow me. Allow me, sir. Chair Suarez: If you don't mind, to just specin, which provision you were referring to, just so we could follow. Ms. Solares: We're talking on 10.62, but it's going to go into another section. When I receive a notice -- and this is because we resent -- represent people like this in my office. When the client represents -- receive a notice of default -- Chair Suarez: I got you. Ms. Solares: -- it's not public. Chair Suarez: I agree. City ofMiami Page 33 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Ms. Solares: This is totally against the bank and myself. And you're asking me that upon receiving that private notice between the bank and myself, I have to run to the City ofMiami within 48 hours and register that property as default. So many things can happen from the moment that I receive that notice that is not public notice. I can spend two or three months trying to actually cure the default issue. May I have a little bit more time, sir? Chair Suarez: Yeah. Ms. Solares: Trying to actually cure the default. In the meantime, I've made something private, pursuant to your dictum, a public announcement to the world that may be going through a kind of a tight problem, moment in my life that I'm trying to actually correct. I don't think that will happen to me, but I think the people in section -- in District 5 will have a problem with that one, and section -- and the Allapattah people that don't have much money can have that moment as well. Then on top of that, you are -- also are -- say here that describe the abandoned property, whether occupied or not. Chair Suarez: Yeah, I see that. Ms. Solares: Okay. That brings another problem. If my house is in somewhat a good state, has no other violation, except for the fact that I have not been able to pay my mortgage for two andl got a notice andl got a notice of default, I am technically, pursuant to this, living under the umbrella of your section of unsafe, abandoned properties. IfI am living under technically unsafe, abandoned property andl have my four grandchildren living with me and my house is in pretty good condition, I can have somebody who's interested in getting that property in a good condition file a complaint of child abuse because I have children in a structure that has been declare and registered under unsafe and abandoned. And then what? Most likely, the sharks out there who see that my house is in good condition but, yes, has been registered under unsafe and abandoned can actually file that complaint. What am I going to do for child abuse? I'm going to have to leave the house until resolve all of the issues with you. In the meantime, the sharks around the city are going to come because now you have actually depleted the price of my property, the value on my property because it's technically under the abandoned -- so therefore, the sharks around who come and buy properties in distress are going to be able to come and actually snatch this house from me because at this point in time, I'm out of the property. Because I have those four children living with me, I cannot keep them there. You are opening a can of worm by an incredible violations of people's rights in here. On top of that, I need to come and -- within the 48 hours of my getting the notice from the bank that, gee, there's a default here, which is private, I have to come here and pay you to register. And then I start litigating with the bank andl have to pay you the second year 'cause I'm not going to -- maybe the litigation is going to take a little bit longer. And a third year, I have to pay you, and a fourth year, andl have to continue paying. Well, what about at the end of the day when I win my case? What about all of the fees I've had to pay you throughout the years to continue registering my house abandoned and unsafe when it's neither abandoned or unsafe? Are you going to give me that money back 'cause I won my case? This is a huge violations of people's rights. It is one of the most abominable legislation, with all due respect. I've seen you propose good ones, and I've participated on those. But this one is a problem, a huge problem for the property owners of Miami 'cause you actually single it to commercial and single-family residential. There are no condominiums here involved. Chair Suarez: Right. Ms. Solares: So I think, sir, this has to be taken off the table, not passed on first reading. There are incredible amounts of violations in here that will give rise to all kinds of actions. Chair Suarez: Okay. I guess -- I don't know where to begin exactly on that one. But I think, first of all, you make very, very good points, obviously. I would have loved it if you would have City ofMiami Page 34 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 come to see me before, but -- Ms. Solares: I would have liked for you to have called me on this. I mean, I find -- Chair Suarez: It's publicly noticed legislation -- Ms. Solares: -- the -- Chair Suarez: -- but it's okay. I think on the issue of privacy, we -- I mean, I'm not sure that I fully agree with you. We can talk about it. I have no -- you know, there's no ramrodding for this. I don't have a problem deferring it or potentially even withdrawing it if these concerns are well founded. On the issue of privacy, I mean, we are required by legislation to notify of things that would otherwise be private on a number of different occasions, the first being when it's abandoned, period. It has to be registered. So that to me is not a huge argument. Also, when you're in litigation, you have to notice a lis pendens for a bank to have notice to the world that there's a lawsuit. You have to serve the parties. It's all in the public record. So, listen, I don't want to get into a debate back and forth. You've made some very, very valid points. I don't even know how to begin to analyze the issue of whether or not it could be used as a basis for a child abuse claim. To be honest with you -- Ms. Solares: You could -- Chair Suarez: -- I haven't even -- I haven't -- I have not even -- Ms. Solares: It is a -- Chair Suarez: -- thought of that -- Ms. Solares: -- possibility. Chair Suarez: -- so. Ms. Solares: IfI have children -- Chair Suarez: Listen -- Ms. Solares: -- in an unsafe -- Chair Suarez: -- just the fact -- Ms. Solares: -- structure, yes. Chair Suarez: Listen, I'm not disagreeing with you. I'm saying just the fact that you brought up that issue andl hadn't thought about it and its affect on the legislation is enough for me to pause because, to me, I take legislation very, very seriously. Andl understand the impact and the ramifications that it has. So when you bring issues that I think are valid and l think are at least worth merit consideration from my perspective, I'm not -- you know, I'm not so hell-bent on getting the legislation passed that I'm not willing to take a look at it. The decreased value, I'm not sure that that's, you know, a very, you know, compelling argument, but we can talk about it. And the payment is one that I definitely, you know, want to take a look at. So I have no problem deferring this for 60 days. We can take -- you know, we can discuss it. And, you know, I don't know if anyone's willing to make that motion. Commissioner Spence -Jones: Mr. Chair. I'm sorry. City ofMiami Page 35 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Mariano Cruz: Chair, I am -- Chair Suarez: Wait, wait, wait. Mr. Cruz: -- Allapattah Homeowners. Chair Suarez: I got you. Commissioner Spence -Jones: One second. Mr. Cruz: Okay. Chair Suarez: Let me recognize Commissioner Spence -Jones, and then I'll recognize you as a homeowners association. Commissioner Spence -Jones: I just -- I would like -- no issue with deferring it; it's your item, you know. Chair Suarez: Sure Commissioner Spence -Jones: But again, it's an item that you brought forth that you thought would benefit the citizens of the City ofMiami. But I would like to defer to our City Attorney -- Chair Suarez: Sure. Commissioner Spence -Jones: -- because all this legislation, we always vet with them first before it even gets on the agenda. So Madam City Attorney, some of these issues that were brought up today, do you have anything that you can add to the -- to some of the things that were mentioned Julie O. Bru (City Attorney): No. I think -- Commissioner Spence -Jones: -- that you can shine a little bit more light on? Ms. Bru: Yeah. Right. I think the Chairman's suggestion that we pause and revisit this -- you know, we're going through an extraordinary time with respect to the real estate foreclosure crisis. And the City has resorted to extraordinary measures to deal with all the blight and the impact that it has had on the quality of life of our neighborhoods. Obviously, there is -- you know, these are things that are being tried for the first time. We do have currently a program in place and we were just trying to see if there was a way to strengthen it a little bit more. But I -- you know, I think she's made some very good points. We -- you know, we -- as a matter of fact, yesterday, the Chairman's chief of staff andl met and we discussed some of the very same issues and this is a work in progress. This is the beauty of having something brought to first reading because it allows the public to speak up. So whatever the Chair wants to do, I think it would be advisable either to just defer this and we bring it back for first reading or maybe just, you know, let us work on it and bring it back maybe with some modifications. Chair Suarez: Sure. I don't want to be associated with abominable legislation so -- Vice Chair Sarnoff. Mr. Chair. Can I make --? First off I got to give kudos to the Chair for even drafting something that is so -- that could so pervasively fix the City ofMiami. But maybe - - this is how I see it, this problem. There's two kinds of landowners: those that own property without a mortgage and those that own property with a mortgage. I would suggest to you that probably 85 percent of the people in Miami, maybe even more than that, probably own that property with a mortgage. So what happens is their properties are, as we like to express it, City ofMiami Page 36 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 under water, meaning that what they paid for it and what they're worth today are not -- no longer the same. There's another kind of owner that can no longer meet his mortgage obligations, a person that maybe their income has changed or their -- maybe even their desire to pay that mortgage has changed. So what happens is the banks have a decision to make. The bank makes the -- or doesn't even have to be a bank, but what, 95 percent of the time, it will be a bank. They have a decision to make. And that decision is, Do I foreclose? Andl would say when this all started out, this whole crisis of ours, probably in the 95 percentile, the banks started the foreclosure process. But what they would do -- andl think Ms. Solares would agree with this -- they would start the process and then stop. They'd file, as you would call it, their lis pendens. There's reasons they do that. They want to cut off any of the lien rights. They want to make sure that they're -- they've frozen time for that moment. And then what they do is they don't proceed forward with the litigation. They just let it sit. And that is, I would say, in the 50 to 60 percentile problem that we find ourselves. So my question to you is to fix that problem, does the City have the right to create legislation that either forces, enforces, suggests, cajoles, does something to promote banks that once they start the litigation, they must proceed in due course at some rapidity to finish that litigation. I don't know if we have that power. Chair Suarez: And let me just -- Commissioner Gort: Mr. Chairman. Chair Suarez: -- add real quick -- Ms. Solares: I don't think you can do that. Chair Suarez: -- just to say that, you know, we, as Commissioners, have to balance a lot of competing interests and a lot of competing complaints, I guess is another way of saying it. and so what we get -- you know, obviously, you know, I understand your perspective of you know, having something that's a very private event be more public than what it already is, you know, once the lawsuit is filed once the lis pendens is filed and all that stuff. I guess what happens is, as Commissioners, we get the other side of the coin, which is the complaints from community leaders and the complaints from residents saying, What are you --? Why aren't you guys doing anything about all these abandoned properties and --? You know, I see Assistant City Manager Cabrera there who has, you know, initiated an operation to try to tackle these issues and work with banks on these issues. So I think, you know, it's a balancing act for us. I -- I'm listening to your concerns andl certainly -- we brought it as a discussion item to first talk about it and then, you know, got to this point. But you know, I'm more than willing, as you know, to work with you, to sit with you and see if there's a way to move forward And if there isn't a way to move forward to tackle some of these issues, then we don't move forward. It's not the end of the world for me. I'm just trying to, you know, kind of be aggressive at helping our residents have a better quality of life. And I think, you know, it's frustrating for me to kind of get the continual complaints about, you know, abandoned homes, properties that are in code violation, et cetera, et cetera. And I get those far more than I get a complaint from someone who feels that their first amendment or constitutional rights have been violated. Commissioner Gort: Mr. Chairman. Chair Suarez: Yes. Commissioner Gort: I have to tell you, the number one complaint that I get in my district is abandoned homes, abandoned building being utilized by the crime individuals in committing crimes within this area. Sometimes -- we've been working for banks with the Administration for the last two years. There's a building right in my area that it gets broken into constantly. It's a six -story building. The bank has it. We haven't been able to do anything for the last two years. We need to do something because that's the biggest complaint I get in my neighborhood. You City ofMiami Page 37 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 have some very nice residential area in Allapattah, Grapeland, and Flagami, where you have one home that goes to the bank. The bank does not do anything. The people are not there, and it sits there with people breaking into and we got to go in and fix it and try to close it up and so on. But -- and this is something that I'm getting constantly. I need to see -- I'm not an attorney, so I hope all three of you attorneys or all four get together and come up with an idea that we have to make the person that's breaking the law -- someone is breaking the law, either the bank or the property owner -- pay for it. Chair Suarez: I think a lot of it has to do with responsibility. Commissioner Gort: Or fix it. Chair Suarez: It's what the Vice Chairman was saying, responsibility. You know, there's a lot of people that take responsibility for the care of their property. They take responsibility for all the obligations they have, and there's some people that don't. And the problem is, a lot of times, you know, the people that are taking responsibility are calling our office saying, Why aren't you holding the other people accountable as a city? And it's affecting us, and so that's the problem. If it were in an isolation, the people who are not being responsible, if it were somehow isolated and it could be kind of self-contained then, you know, obviously, it wouldn't be such a big problem. The problem is we get the calls. Ms. Solares: Yeah. Commissioner Gort: Let me ask a question. And I'm not an attorney, but understand we had a procedure that goes -- the Building Department goes through to find unsafe structure. Now, my understanding, because of a complaint or someone calls, and our department goes through it. They have a procedure to declare a property unsafe structure, andl understand people could be living inside that property. If we declare that property unsafe structure, people living in there and something happens to the individual, who's responsible? Who's liability is it? That's something that I'd like to -- when you address all this, I want you to take that in consideration. Vice Chair Sarnoff. Well, can I make a suggestion? And you know, Ms. Solares may recollect this. About -- I think it's about seven years ago, used to be the rule in civil procedure that if you didn't proceed forward with a case within six months, the court would bring it up and it was subject to dismissal. That rule got changed to one year. Ms. Solares: Correct. Vice Chair Sarnoff. And that rule now has been abandoned because there is no longer an ability to dismiss for what they call failure to prosecute. Ms. Solares: Exactly. Vice Chair Sarnoff. Once they took away the failure to prosecute -- What do you want to call it, Ms. Solares, the subjectivity of it? -- lawyers got lazy and then banks took advantage of a practical solution that they had, Commissioner Gort, and that was, let me fore -- let me start the foreclosure process and then just let it sit there. And there is no tool to a judge now to move the proceeding along, when he's got 15 to 25,000 cases that he doesn't know what should or shouldn't be moved along. So, again, I don't know that this is our bailiwick in terms of -- that we have the ability to do this. But I'll make a suggestion 'cause I think both you andl have two reasonably talented lawyers. Why don't we have Mike Llorente and Dan Goldberg from my office work with the City Attorney, take a whole fresh look at this -- Chair Suarez: And Grace. City ofMiami Page 38 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Vice Chair Sarnoff. And Ms. Solares. Chair Suarez: Yeah. Vice Chair Sarnoff. -- and see if there is another way of coming around this and saying this is within the City's purview, this is without [sic] of the City's purview. This is something the County can do. This is something only the state can do. Chair Suarez: And I'll give you a perfect example of one, I think, maybe minor change that could solve maybe a couple of these problems that you referred to, which is where it's placed in the code. I mean, I think there was a little bit of -- it was compelling to me to a certain extent. Maybe if you were to place it somewhere else in the code where it didn't have the stigma of being in a certain part of the code, you know, maybe that can have some -- I mean, maybe that can be done relatively easily. I'm not sure, but that's something we can work on. You know, as far as the privacy issue, I mean, there's a lot of things that government compels people to do because it benefits the society as a whole that, in theory, reduces someone's personal privacy. So I mean, we can deal with that as we -- believe me, ifI would have -- ifI would have known that you were interested in this, I would have obviously brought you to the table. Ms. Solares: I'm always interested when I see rights -- when I see laws that are created that take the people's rights away. Chair Suarez: Yeah. Ms. Solares: I mean, I don't think this will harm me, but it certainly harms a lot of people -- Chair Suarez: Right, yeah. Ms. Solares: -- that I know. And it -- because most of the time, I think your issues with those things -- 90 percent of the time is when the banks come in control of the property 'cause if you remember, Mr. Chair, when you move out of your house, which is just a block away from my home, it became a sore -- an eyesore. And l fought and fought to try to find out who the bank was until they finally cut it. It was the bank that the house you used to live on -- at on South Miami Avenue -- Chair Suarez: Right. Ms. Solares: -- a block from me -- Chair Suarez: Right. Ms. Solares: -- it was a mess. And it was a bank who had it. So most of the time, it's the bank. If you want to make the amendments to be more -- primarily focused as to when the bank -- because the banks don't care about the communities, but the people do. Commissioner Gort: Right. Chair Suarez: Right, and that's my -- Ms. Solares: And if you have a problem of foreclosure, you're trying to fix it. You're not going to allow that place to go down. Commissioner Gort: That's (UNINTET,T IGIBT ,F) there was a program last night talking about the banks doing this nationwide. City ofMiami Page 39 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Chair Suarez: Yeah. Okay, so we'll keep working on it, and thank you for your -- Ms. Solares: If you could -- Chair Suarez: -- concerns. Ms. Solares: -- defer this matter and not vote on it for first notice [sic], please, 'cause the way it is, it's just -- Chair Suarez: We -- I think you've presented enough issues that for me, you know, being the sponsor of it, I would request that a motion be made to defer it at least until December. Ms. Solares: I'm going to give a case to your -- Commissioner Spence -Jones: Second. Ms. Solares: -- City Attorney with respect to -- Chair Suarez: Actually, you know what, let's do it -- Ms. Solares: -- (UNINTELLIGIBLE) versus (UNINTELLIGIBLE). Chair Suarez: -- the second meeting of January, if that's okay. Commissioner Spence -Jones: Second. Commissioner Carollo: Motion to defer to the second meeting of January. Chair Suarez: There's been a motion and a second. All in favor, sign y by saying aye. The Commission (Collectively): Aye. Ms. Solares: Thank you. Vice Chair Sarnoff. Mr. Chair. Mr. Cruz: Yes. Vice Chair Sarnoff. Before you -- would you be amenable to having Mike Llorente, Dan Goldberg, and the -- Chair Suarez: Yeah, yeah. Vice Chair Sarnoff. -- City Attorney work on --? Chair Suarez: Yes. Vice Chair Sarnoff. Maybe even a different approach or incorporating what you've done and adding some other -- Chair Suarez: Absolutely. Vice Chair Sarnoff. Okay. Chair Suarez: Thank you. Thank you for -- City ofMiami Page 40 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Mr. Cruz: Mariano Cruz. I am the vice president ofAllapattah Homeowners. Albena Sumner, our president, couldn't be here because she have to make a living, you know. She couldn't come. See, butt have the time and the wherewithal to be here, like all the City employees and all the lobbyists here, whatever. I have the time and the money to be here. Andl am going to make a specific about the house, abandoned house, 1236 27 Street, right in the back of my daughter's duplex there, 'cause I live at 1227 26 Street. And my neighbor, Julia Lopez, live at 1226 27 Street call me and say, Come here. Andl say, You don't have to call me. I see the rats that come into our property from that abandoned prop -- I went there and saw it. Three abandoned efficiencies in the back, another on top; a house full of trash. They even use -- somebody's renting the -- using the property for casual sexual encounters there, you know, whatever it is. You know, as I said, people jump the fix and they use it. And that's in my backyard. That's not in Brickell or anything, right there. My daughter own the duplex next to me, 1235 and 37 26 Street, and the people that cut the grass there for me and my daughter, they showed me four little rats -- I'm not talking about mice --from the place there. The owner of the place next door show me. He say, This house has been abandoned for a long time. So I called the NET (Neighborhood Enhancement Team) and Celso went there right away and he took care. He said, Well, it will take that, blah, blah, blah, blah. But see what happen is that they doing, people are buying property and they rent the property, they collect money from the property, they don't pay the bank. They don't care. They -- everything is in; nothing is going out. So by the time they get a few thousand dollars, they don't care, but they making money. And the banks, in a way don't care because it will be a write-off too. No, that's it. And the City used to have what they call the super inspector. People are supposed to come by -- you know, if you don't see any trash coming out of the place, you know that the property is abandoned or whatever because the City deposit the blue tank there and the tank remain there until the neighbor told -- he said, There is nobody at that house. Pick up that tank. Nobody lives there. So finally, they pick up that blue thing for the recycle. But what about the super inspector that we supposed to have? You come by every day. You see an abandoned property, report it. Because I don't have to do the job of the people that get paid beaucoup money, plenty of money to do the job and they don't do what they supposed to do. I don't have to come here to the elected officials and complain. The Administration supposed to do it. Oh, I look at Channel 77. They got the PR (Public Relations), Clean Sweep. Everybody looks very nice. Blah, blah, blah, blah, blah, blah. Blah, blah, blah, blah. And are they working? Are they working on it? Thank you. Work on it. Come. I invite you to come and visit the property like I saw it, abandoned there -- Chair Suarez: Thank you. Mr. Cruz: -- full of trash and full of rats and everything. That's not next to you there in Coral Gate. Chair Suarez: We have our fair share. Commissioner Gort. Commissioner Gort: One of the things I like when you looking at this -- one of the things that's happening also, there's people -- there are abandoned houses, they put an ad to rent it out. They create a lease. Because we had that problem in a lot of places where we are going to close the place up and there's somebody there with a false lease. Andl think we should look into that too because a lot of people are doing that. Vice Chair Sarnoff. Commissioner, I was on Channel 4 News. This is in Brickell. You have people who are squatting in condominiums that have created a lease. Yeah, they turn around and anybody has use of a typewriter, they create a lease. They walk in front of a judge and they say, This is my lease. And the judge, of course, doesn't want to foreclose 'cause they have somebody occupying the property. You all know where DeGarmo Estates is? DeGarmo Estates is on the corner of Main Highway and Douglas. It is a multimillion dollar neighborhood. As we speak, it is one of those homes which is probably worth about $3.2 million, is being occupied by City ofMiami Page 41 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 FR.2 12-01168 Department of Planning and Zoning a man who is occupying six other homes too in Coral Gables, two others in Miami, who has created a lease. It is a phony lease. He has created a quit claim deed. It is a phony quit claim. The property is being foreclosed upon by the bank, but because the judge has not completed the foreclosure, he has remained on that property for three years. He harasses his neighbors. City ofMiami has a police file on this. And it seems like we go nowhere. So, I got to tell you, the solution -- don't know that it -- I don't know that we have the power for the solution. The solution is the banks. Ninety five percent of our property -- trust me -- is going to be mortgaged property. Very few people just plop down a million dollars and say, That's my house or that's my commercial property. There's always going to be a mortgage on it. When -- andl'll tell you that 95 percent of that time is going to be a bank of some kind. And if we as a government -- andl include in government county, state, and maybe federal -- don't start recognizing that these banks have taken in millions of dol -- no, let me say that right -- billions, just short of trillions, of dollars of taxpayer money, and in return, the minimum they can do is upkeep the property that is in distress. And they're not doing it. And nobody is creating legislation either at a federal level, state level, county level, or city level -- and I'm not sure the county and the city have that right, but I'll defer to the City Attorney. And everybody turns a blind eye because it's convenient. It's convenient 'cause the banks are the third biggest lobbying group in the United States. It's convenient because the judges have a full docket and they get to say, I'm working really hard and I've taken a pay cut. It's just a convenient excuse for everybody. And yet, the people who get -- you know, the people who feel the most affect is the person who lives right next door to that house. That's the person that says, I'm paying my taxes. I'm paying my mortgage, and the house next to me is in absolute decline or that person's not doing it. Or think about a condominium. You're in a condominium, 200 people, and you have 5 people in the tower, they're not paying anything. They're not paying their association fees. They're squatters, possibly. And this is all from banking. This is all from a particular part of the United States that, as an institution, took just short of a trillion dollars and is not putting back into the community at least that aspect of it, and that is to maintain the property that they've taken back. Chair Suarez: Thank you. Is there a motion and a second on the deferral? We're good? We're past it? We're good? Okay. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 62/ARTICLE XIII/DIVISION 5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/MURALS", MORE PARTICULARLY BY AMENDING SECTIONS 62-602 AND 62-606, WITH RESPECT TO THE MURAL REGULATIONS BY AMENDING THE CITY OF MIAMI MURAL GEOGRAPHICAL AREA, ATTACHED AS "EXHIBIT A", TO INCLUDE ADDITIONAL AREAS WITHIN THE DESCRIBED CITY OF MIAMI URBAN CORE FOR THE PLACEMENT OF MURALS AND TO MIRROR THE MIAMI-DADE URBAN CORE MAP AMENDMENT, ATTACHED AS "EXHIBIT B"; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 12-01168 Summary Form.pdf 12-01168 Legislation (Version 2).pdf 12-01168 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones City ofMiami Page 42 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 RE.1 12-00693 District 2- Commissioner Marc David Sarnoff RE.2 12-00848 Department of Fire -Rescue END OF FIRST READING ORDINANCES RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO DISCONTINUE THE PAYPHONE PILOT PROGRAM ESTABLISHED PURSUANT TO RESOLUTION NO. 01-449, ADOPTED MAY 10, 2001; FURTHER DIRECTING THE CITY MANAGER TO TAKE ALL STEPS NECESSARY TO REMOVE SAID PAYPHONES FROM ANY AND ALL RIGHTS OF WAY WITHIN THE CITY OF MIAMI, REGARDLESS OF OWNERSHIP. 12-00693 Pre-Resolution.pdf 12-00693 Legislation.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item RE.1 was deferred to the February 14, 2013 Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDEMNIFICATION AND HOLD HARMLESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, INDEMNIFYING MIAMI-DADE COUNTY ("COUNTY") FOR LOSSES AND DAMAGES FROM THE CITY OF MIAMI'S USE OF COUNTY -OWNED SCOOTERS WHILE PERFORMING OFF -DUTY FIRE -RESCUE SERVICES AT THE MARLINS BALLPARK. 12-00848 Summary Form.pdf 12-00848 Legislation.pdf 12-00848 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.3 12-00911 Department of Parks and Recreation RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY"), THE SCHOOL BOARD OF MIAMI-DADE COUNTY, AND MACTOWN INCORPORATION, FOR THE PURPOSE OF CONTINUING THE NATIONALLY ACCLAIMED PROJECT SEARCH PROGRAM AT THE CITY, WITH THE PROGRAM DESIGNED TO PROVIDE MARKETABLE JOB TRAINING AND SOCIAL SKILLS FOR YOUTH City ofMiami Page 43 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 WITH DISABILITIES, TO ACHIEVE THE GOAL OF SUSTAINABLE EMPLOYMENT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, AND MODIFICATIONS AFTER CONSULTATION WITH THE CITY ATTORNEY, THERETO IN COMPLIANCE WITH THE ATTACHED FORM OF THE COOPERATIVE AGREEMENT, FOR A PERIOD OF THREE (3) YEARS COMMENCING AUGUST 20, 2012 THROUGH JUNE 30, 2015. 12-00911 Summary Form.pdf 12-00911 Legislation (Version 2).pdf 12-00911 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: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0413 Chair Suarez: RE.3. Juan Pascual (Chief of Operations): Good evening. Juan Pascual, director of Parks and Recreation, City ofMiami. RE.3 is a resolution authorizing the City Manager to enter -- Commissioner Spence -Jones: So moved. Chair Suarez: Moved by the -- Commissioner Spence -Jones. Is there a second? Vice Chair Sarnoff. Second. Chair Suarez: Second by Commissioner Sarnoff. Any discussion? All in favor, signin, by saying "aye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. Commissioner Spence -Jones: I just have a little comment. I understand it's a great project for individuals that -- Dwight S. Danie (City Clerk): Excuse me. Commissioner Spence -Jones: You know, a great project for individuals that may have some -- that have disabilities. I'm really glad to see the City's actively involved in this. I just want to know who assigns the individuals to the various departments? Do they come by way of your office? Mr. Pascual: Yes. We work through our disabilities division and with the teacher and the teacher's aide that's assigned by the school system that works in our building at the MRC (Miami Riverside Center). Commissioner Spence -Jones: Okay. Mr. Pascual: And then we work collaboratively with all the various departments, and it's open to all the departments citywide so that if anybody's interested, we welcome the opportunity to put them in the rotation. City ofMiami Page 44 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 RE.4 12-01086 Department of Capital Improvements Program Commissioner Spence -Jones: Yeah. I would love to definitely have that -- have them participate in our office. Mr. Pascual: Oh, absolutely. I'd be -- Commissioner Spence -Jones: So if you'd like to refer one of the students, I would love that. Mr. Pascual: That would be great. Thankyou very much. Chair Suarez: Thankyou. I think we already voted on it. Commissioner Spence -Jones: Yes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADDING CAPITAL PROJECTS APPROPRIATIONS TO THOSE LISTED IN RESOLUTION NO. 12-0316, ADOPTED SEPTEMBER 13, 2012, AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. 12-01086 Summary Form.pdf 12-01086 Legislation.pdf 12-01086 Exhibit 1 SUB.pdf 12-01086 Submittal -Appropriations amendment dated 10-24-12.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0414 Chair Suarez: RE.4. Mark Spanioli: Good evening, Commissioners. Mark Spanioli, director of CIP (Capital Improvements Program). RE.4 is our capital appropriations item. Based on the input from the Commissioners we had during the briefings, we have a floor amendment to the substitution that was in your package. I just handed that out. If you have any specific questions, we can go through them. Andl thinkl may be required to read into the record the actual changes. Chair Suarez: Go ahead. Mr. Spanioli: There was a number of them. In District 1 there was a transfer of $3, 876 from B number 30019B to Northwest 14th Avenue and 28th Street Roadway Improvement project B-30780. There was also a transfer of $316, 519.76 from B-30019F to B-30780; transfer of $504.41 from B-30500E to B-30780; transfer of $1, 673.94 from B-30019B to B-30780; and a transfer of $190, 425.86 from B-30226 to B-30780. Those were District 1 transfers specific to a Northwest 28 Street Roadway Improvement project. Commissioner Gort: Thank you. Mr. Spanioli: District 2 had a transfer $5, 200 from quality of life District 2, B-39910 to Blanche Master Plan Park Improvements B-75830A, and this was heard and approved by the Bond Oversight Board. There was an increase transfer from miscellaneous repairs B-30706 to the City ofMiami Page 45 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 new Dinner Key Marina DockMaster Building B-60464 by $23, 559 to the total of $381,159. That was District 2 changes. District 3, remove the transfer of $23, 559 from the Orange Bowl HVAC (Heating, Ventilation andAir-Conditioning) upgrades that was being used for the Dinner Key Marina DockMaster Building. District 5, replace transfer of $8, 461.77. It should go to B-30889, Lummus Park Miscellaneous Repairs; replace transfer of $25, 254 from B-30295 to B-30890 Little Haiti Cultural Campus Miscellaneous Repairs, and a transfer of $250, 000 from Buena Vista Heights, Phase II, B-30323 to Buena Vista One -Way Street Conversion and Signage B-30891. Chair Suarez: Thankyou, Mr. Spanioli. So -- Mr. Spanioli: Thankyou. Chair Suarez: -- that is the amendment to the -- that we've been given. Is there a motion on this? Commissioner Gort: Move it. Chair Suarez: Is there a second? Commissioner Spence -Jones: Second. Discussion, but I -- second. Discussion. There's a couple you missed on my list. You're going to just come back next time? Mr. Spanioli: November appropriation. We're going to do an appropriation in November. Commissioner Spence -Jones: The next one? Mr. Spanioli: That's correct. Commissioner Spence -Jones: Okay, no problem. Chair Suarez: Okay. I just have one quick comment and it's something we spoke about in our briefing, which is B-73102A, which is a $1.4 million citywide street milling and resurfacing, B-73102A, which is a 3.09 -- 089 citywide street milling and resurfacing, and B-73102A that is a $326, 000 street and sidewalk milling and resurfacing allocation. I just -- I want to ensure -- and I want to see hopefully my colleagues are okay with this because I think -- I mean, it's a pretty standard thing, but think this should be divided by five and that each district should get its portion of this citywide money because, I could tell you, I know I'm running out of bond money and unfortunately, my needs -- the bond money that we ran out of -- that I'm running out of it's not enough to sustain the needs of the district. So what I would request is that that money be divided by five, each Commissioner have the ability to allocate in their district a portion of that money so that they can continue to get projects going and meet the needs of their district. Mr. Spanioli: Mr. Chair, that is correct. In fact, you were not the only Commissioner that asked that question. That would be allocated equally amongst the districts. Chair Suarez: Thankyou. Vice Chair Sarnoff. This is the money for which? Mr. Spanioli: It hasn't been allocated directly to a project, so we have it in citywide streets and sidewalk repairs. What'll happen is -- these are funds that come in from our half cent surtax funds and so forth and our local option gas tax that comes in each year. Chair Suarez: And parking surcharge. City ofMiami Page 46 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 RE.5 12-01087 Department of Capital Improvements Program Mr. Spanioli: And parking surcharge. So we placed them here in preparation to appropriate them to direct the projects throughout the districts. Chair Suarez: Thank you. It's been moved and seconded. All in favor, signin, by -- do you want to --? Commissioner Carollo: No. No. Chair Suarez: Okay. All in favor, signify by saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED AUGUST 13, 2012, PURSUANT TO INVITATION TO BID ("ITB") NO. 11-12-032, FROM THORNTON CONSTRUCTION COMPANY, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE NEW DINNER KEY MARINA DOCKMASTER BUILDING PROJECT, B-60464, IN THE AMOUNT OF $3,763,641, WHICH INCLUDES $3,677,167, FOR THE SCOPE OF WORK, A $52,308 ALLOWANCE FOR PERMITS, AND $34,166, FOR AN ADD ALTERNATE ITEM, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $376,364.10, FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $4,140,005.10; ALLOCATING FUNDS IN THE AMOUNT OF $4,140,005.10, FROM CAPITAL IMPROVEMENT PROJECT NOS. B-60464 AND B-60464S; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. 12-01087 Summary Form.pdf 12-01087 Memo - Recommendation of Award.pdf 12-01087 Bid Security List.pdf 12-01087 Legislation.pdf 12-01087 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-12-0415 Chair Suarez: RE.5. Mark Spanioli (Director, Capital Improvements Program): Good evening, Commissioners. RE.5 is a contract award for the new Dinner Key Marina Dock Master Building. This is an award in a not -to -exceed amount of $4,140, 000 to build the new Dinner Key dock master building just outside our City Hall here. This received Bond Oversight Board approval. The contractor that was -- is awarded the contract is a -- has a local office preference. They are -- in their contract we are requiring that they have the 15 percent of local workforce as well as the 15 percent CSBE (Community Small Business Enterprise) requirement. Any questions? Vice Chair Sarnoff.. Is there a motion? City ofMiami Page 47 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 RE.6 12-01089 Department of Capital Improvements Program Commissioner Gort: Move it. Commissioner Carollo: Second. Vice Chair Sarnoff. We have a motion. We have a second. Any discussion? Hearing no -- By the way, how did you finally get one without a protest? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL SERVICES AGREEMENTS ("AGREEMENTS") WITH (1) ADA ENGINEERING, INC., (2) A&P CONSULTING TRANSPORTATION ENGINEERS, (3) THE CORRADINO GROUP, INC., (4) METRIC ENGINEERING, INC., AND (5) TY LIN INTERNATIONAL/HJ ROSS, FOR THE PROVISION OF MISCELLANEOUS CIVIL ENGINEERING SERVICES, IN AN AMOUNT NOT TO EXCEED $250,000, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT WITH EACH FIRM FROM $500,000, TO AN AMOUNT NOT TO EXCEED $750,000; ALLOCATING FUNDS FOR SAID INCREASE, FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECTS, ON AN AS -NEEDED BASIS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENTS WITH EACH FIRM, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSES. 12-01089 Summary Form.pdf 12-01089 PSA - A&P (CTE).pdf 12-01089 PSA - A.D.A Engineering.pdf 12-01089 PSA- Metric Engineering, Inc.pdf 12-01089 PSA - The Corradino Group.pdf 12-01089 Legislation.pdf 12-01089 Exhibit 1 .pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0416 Direction by Commissioner Spence -Jones to the Administration to issue a Request for Proposals (REP) for engineering services that will run concurrently with the current established RFP for the engineering and design jobs pending issuance by the Department of Capital Improvement Programs (CIP). Vice Chair Sarnoff. RE.6. Commissioner Carollo: 6. Mark Spanioli (Director, Capital Improvements Program): Good evening, Commissioners. RE.6 is a contract amendment to our existing professional services agreement contracts with our pool of civil engineers that do roadway and streetscape type of work for us. Basically, we have City ofMiami Page 48 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 come to the limit of our current capacity with the $500, 000, and we're asking for an increase of 250,000 per contract. Primarily, the reason for the capacity limit, most of the projects that we have out of one of the districts has basically eaten up all of our capacity at this time, and we've actually had to even go out of our way and do a one-time purchase order for some of the work we're doing. So we really are out of capacity on all of our current contracts. Commissioner Spence -Jones: Mr. Chairman, I know I have a question. Vice Chair Sarnoff All right. Commissioner Spence -Jones: Oh, I'm sorry. Go ahead. Vice Chair Sarnoff Well, do we have a motion or a second on this one? Commissioner Spence -Jones: Discussion. Commissioner Gort: I'll move it for discussion. Vice Chair Sarnoff Yeah, just move for discussion. Commissioner Carollo: Second for discussion. Vice Chair Sarnoff Do we have a second for discussion? All right, Commissioner Gort is recognized. Commissioner Gort: My understanding, one of the reasons we subcontract or have outside contractor to -- in order to expedite some of the work that needs to be done and design and so on. Am I correct? Mr. Spanioli: That's correct. Basically, the -- we don't have enough internal staff to do the amount -- the engineering design that would be required for all the roadwork we do. It would be impossible. Commissioner Gort: My question is, one of the problems is that this outside consultant, they should be able to expedite some of our projects. My understanding is, I have couple of projects that have been delayed for a year, a year and a half, because they've been in design and design takes forever. And there's something that we can do to expedite that. Mr. Spanioli: Commissioner, we are working on that. It has been brought to my attention, as soon as I came onto the job, that even I could recognize that some of the projects are taking too long in design. In my previous career, I was in private sector; I know how long it takes to do a roadway design. I used to do it myself. So we are taking the time to go through each and every one and to make sure that the time they're giving us in their proposals to do the work is appropriate. Commissioner Gort: I appreciate it because -- Mr. Spanioli: If it can be done in four weeks, it needs to be done in four weeks, not six weeks. Commissioner Gort: When we go to the residents and they ask us to -- some improvement, we let them know, yes, some improvement's going to take place. Then after six month, seven month, we keep getting called; when are you going to get it done? I mean, they already painted the whole street and the sidewalk about six month ago and nothing else has happened. So I really like to see some efficiency on that. City ofMiami Page 49 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Carollo: Mr. Chairman. Mr. Spanioli: Agreed. Vice Chair Sarnoff. You're recognized for the record, Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. And this is something that started stating earlier today and it's something that I've had a real issue with in District 3 and it's something that I'm going to be bringing back as a discussion item because we really need to take a look at the process of CIP (Capital Improvements Program) and I'll tell you why. I have at least four or five projects -- andl will give you some of the B numbers -- that this Commission approved in November of last year. We have still not broken ground. We have still not broken ground. And in all fairness, I think the residents deserve an explanation. So think about it. Forget about how long the project actually takes. I mean, from Commission approval to breaking ground, it still has not occurred, and it's almost a year. And I'll give you some of the B numbers: B-30747, which is Southwest 13th Street; Grove Park, B-30745, and B-30746. Now imagine some of these neighbors in this area is right by the Marlins stadium. Imagine, they saw in two and a half years that big -- I don't want to say monster of a stadium -- but, yeah, that stadium be built. Yet, it's been more -- it's been at least a year and we can't even fix the streets. You know, how do you explain that? Southwest 13th Street, you know, ma'am, we approved it in the Commission November of 2011. But Commissioner, they just tore it down and build [sic] a new McDonald's in 45 days. How do you explain that? Commissioner Gort: Private sector. Commissioner Carollo: You know. So realistically, I think I'm going to bring back a discussion item to discuss the process of CIP because I'm telling you, at least from my perspective, it's just unacceptable. And Mr. Spanioli, please understand that I'm not blaming you, you know. You're actually the fourth CIP director that I deal with, so instability has not been the forte of the City, at least not in the last three years. But the bottom line is the residents deserve an explanation. And they're coming to me. And I've done my part. I come to City Commission; I get it approved, you know. And I'm not even getting to what's the cost and all the contingencies and all the soft costs, which, by the way, are not put in that big sign that are there. So realistically, to a certain degree, I think we're deceiving the public because it says a certain amount, but realistically, you don't add all the soft costs there but -- and I'm saying this because, you know, you're new and -- you know, we had the discussion andl said, you know, I think it might be a little unfair that some of my frustrations from the past may be coming onto you. But the bottom line is the residents deserve the services and they deserve an explanation. And l just gave you two simple examples: Marlins stadiums [sic], a brand-new McDonald's, andl mean, torn down and built within 45, 50 days, and yet, it's taken more than a year or a year andl -- we can't even get a street fixed. So that's what have to say about this. So again, I will be bringing a discussion item andl think it's something that we really need to vet out and see, okay, why is it taking a year to break ground, not even to fix a road or to repave or mill or resurface or -- to break ground, you know. Something's wrong in the process. Chair Suarez: May I, Commissioner? Commissioner Carollo: Yes. Chair Suarez: I cannot agree with you more. I have actually on Monday, myself, scheduled from 2 to 4 p.m. a drive -through of my district because I have had projects that have been funded, funded for a -- I haven't done as detailed an analysis as you have in terms of like looking to see B number by B number and how much time, but will by the time you get your discussion item teed up. So I promise you, you will not be alone in that discussion. And I've had the same frustration. It is an impossibility for me to explain to our residents. It's impossible. When the City ofMiami Page 50 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 construction industry, which is the industry that's hardest hit, which is the industry that needs the most jobs and the most economic activity -- And it would be one thing ifI told them, you know, we've run out of the bond money that I have and so I just don't have money. You know, that's one, you know, plausible excuse. But the fact of the matter is, I have projects funded, allocated. I've done the allocations timely and they haven't moved. Andl could tell you some that have some County holdups and we can't blame the City for projects that are -- one that we funded together, which was 17th Avenue. We funded that project together -- Commissioner Carollo: Yes. Chair Suarez: -- months ago and it was funded by the County as well. They matched our funding. It still hasn't started. Twenty -Second Avenue is another one that I funded a portion. I mean, I can name a bunch: 16th Street from 17th Avenue to 18th Avenue, 17th Street from 37th Avenue to 36th Avenue. There is an area just east of Coral Gate which just started actually, so that one I'm kind of happy. That was actually the one that we were talking about earlier that that gentleman was here on. That project started and that's a comprehensive project. There's one slightly to the north of that project and then there's another project slightly to the west of that project; haven't started for some reason. And these are projects that are funded and so I have similar concerns. I promise you, by the time you have your discussion item, I'm going to have all my B numbered and when we allocated the money. Because, you know, you have often said that you felt that there was a penalty box andl was skeptical of that, and now I'm wondering if there's enough room for the two of us because maybe I'm in the same penalty box that you are. Commissioner Gort: Three of us. Commissioner Carollo: But remember, the last -- Commissioner Gort: Three of us. Chair Suarez: The three of us. Commissioner Carollo: The last time -- Chair Suarez: Maybe the box is growing. Commissioner Carollo: -- I mentioned instability, which was well over a year, year and a half ago, you all know how I felt that, you know, I was placed in the penalty box and -- Chair Suarez: Right. Commissioner Carollo: You know, andl had that discussion and, realistically, I thought it needed to be had, you know, and the instability. And you see it now again just with the CIP director. This is our fourth one. So I hope I don't go into the penalty box again but -- Chair Suarez: Yeah, yeah. Commissioner Carollo: -- realistically, the bottom line is, the residents deserve answers -- Chair Suarez: Yeah. Commissioner Carollo: -- and they deserve the service. Chair Suarez: Commissioner Spence -Jones. City ofMiami Page 51 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Johnny Martinez (City Manager): We -- Commissioner Spence -Jones: Mr. Manager. Mr. Martinez: No. I will definitely sit down with Mark and go over the schedules and the type of schedules that we're letting the consultant use. Maybe we're being a little bit too liberal and we should hold them to task to design quicker. I will personally get involved with the schedules and Mark -- Commissioner Gort: This is your expertise. Mr. Martinez: I know. Chair Suarez: And by the way, that drive -through that I'm having on Monday, I had one a month ago, a month ago, the same drive -through, going through the same projects, andl was told three to four weeks, Commissioner, they'll get started. Three to four weeks and -- Commissioner Carollo: Commissioner -- Commissioner Spence -Jones: So -- Commissioner Carollo: -- I've had some of the -- Commissioner Spence -Jones: -- can I say one thing? Commissioner Carollo: -- same drive- throughs with different directors. Chair Suarez: Yeah. Commissioner Carollo: And it still hasn't been done. Chair Suarez: I hear you. Commissioner Carollo: So I'm way past the drive-throughs. Chair Suarez: This is my next drive -through with the new director. Commissioner Carollo: I'm way past the drive -through part. Chair Suarez: Commissioner, I'm sorry. Commissioner Spence -Jones. Commissioner Spence -Jones: No problem. First of all, Mark, of course, you know, you're inheriting all of this. Mr. Spanioli: I understand. Commissioner Spence -Jones: So -- Mr. Spanioli: Andl believe -- Commissioner Spence -Jones: -- not one of us up here know that you are -- all of us know that you're not responsible for -- Mr. Spanioli: Right. City ofMiami Page 52 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Spence -Jones: -- you're actually adopting all of these issues so -- And I'm not saying Albert Sosa or anybody before him did that, but these are the issues and concerns. I hope you take it from that perspective and not, you know, a direct, you know, hit on you. The only thing -- I'm going to just focus on what the item is, which is, this is basically the engineering -related services, correct? Mr. Spanioli: Yes, that's correct. Commissioner Spence -Jones: Okay. 'Cause number 7 is really the JOC (Job Order Contract) contractors that are actually doing the work. Mr. Spanioli: And RE.7 has been deferred. I mean, RE.7 was for our contract -- Commissioner Spence -Jones: Right. But I'm saying -- so -- Mr. Spanioli: That's the construction work. Commissioner Spence -Jones: -- there's two different levels of stuff you have to go through. Mr. Spanioli: That's correct. Commissioner Spence -Jones: First, you have to make sure the design is done. Mr. Spanioli: That's correct. Commissioner Spence -Jones: Right? Mr. Spanioli: That's correct. Commissioner Spence -Jones: Which, you know, obviously, it's getting clogged up. And then you have to make sure that those eight contractors that are now -- JOC contractors are now doing the work. Mr. Spanioli: That's correct. Commissioner Spence -Jones: So now already on RE.7, because we're not dealing with it today, we have a protest that just delays even our ability to even get some of those projects done. But let me just finish real fast on this one. My issue is about the item itself, and l just want to be clear. I think the process should always remain open and transparent, in that we need to -- if something is not working well, that we don't keep repeating the same thing. And know that in this particular item, we talked about just continuing the services with the existing firms. And my question -- and l just want to make sure -- you know, all of the firms that are receiving, you know, the $250, 000 per project -- you know, per firm for -- you know, to do various projects -- I just want to make sure -- the ones that are not already started on a new project -- 'cause I don't want to stop if they're in the middle of it -- they should continue receiving funding for that. But all these new projects that are going to be coming, you know, now out of the box, I would prefer to see us put that -- put those out. Because right now I believe it's anywhere between a million, a million point three. And l just feel very strongly about if we're -- we haven't been getting them to deliver in a timely order or fashion, for whatever reason. Let's not keep repeating the error. So what -- personally, on RE. 6 -- and I don't think you can give me the break down now. I -- like I told you in my briefing, I think we need to kind of pull out those firms that are already working and let's put the remaining balance of the monies into the RFQ (Request For Qualifications) that needs to go out to get new ones. So are you able to give me an answer on that? Do you know which ones have not -- the new projects that are not ready to go? City ofMiami Page 53 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Mr. Spanioli: What's happening right now is because we've basically used up all the capacity that we have for these firms, we've actually had to do one-time purchase orders with other firms, but those one-time purchase orders can only be done once in an not -to -exceed amount of 25, 000. So we -- it only worked out for smaller projects. On our bigger projects, we basically -- we either increased its capacity so that we have this pool of engineers available to us or we would have to do a completely new RFP (Request for Proposals), which we would lose some time. I mean, we'd lose months to do that. Commissioner Spence -Jones: Yeah. I just think that part of the problem that Commissioner Carollo's talking about and Commissioner Suarez is talking about, for whatever reason, there is a delay in them completing the work. So if that is the case, then maybe we need to open it up to architects or engineers that are hungry and that's going to get it done. 'Cause right now it's like they're like -- they're a little comfortable. So I just feel like the wrong thing to do is to keep feeding into, you know, a system that, quite frankly, is not working. And sometimes when people feel like there's competition, then maybe they step it up a notch. Right now they're not doing it. Chair Suarez: And by the way, ifI may, you can run the processes parallel. Commissioner Spence -Jones: That's -- Chair Suarez: In other words -- Commissioner Gort: Yeah. Commissioner Spence -Jones: -- what I'm trying -- Chair Suarez: -- without screwing anything -- right. Commissioner Spence -Jones: That's what -- Chair Suarez: Without screwing anything up. Commissioner Spence -Jones: -- I'm trying to tell him. I'm like, is there any way that -- you know, let's not stop anybody's project. But for the other dollars that are set aside, let's go ahead and put a RFQ 'cause, quite frankly, I don't -- I feel like they're comfortable right now. Some of these names we've seen around for a long time and why should they push it to the next level? For what reason? Nobody's holding them accountable. Mr. Spanioli: We have the ability to do a concurrent RFP process. I think at this time, it would be prudent to increase the capacity so we don't lose any time. But we can certainly do an RFP at the same time for a new pool. Commissioner Spence -Jones: Can we do that? Mr. Spanioli: I don't see any reason why we couldn't. Commissioner Spence -Jones: And let's not allocate 250 to each one of these firms. That's my issue. You can -- I don't have a problem with approving these firms that are on the list, right, but let's also open the process up so we can include additional firms so if they're not moving on stuff Mr. Spanioli: If we open the contracts up for new firms, it's a new RFP process. Commissioner Spence -Jones: I know. City ofMiami Page 54 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Mr. Spanioli: We couldn't do it on -- Commissioner Spence -Jones: But that's what I'm saying, you can run parallel. That's what he was just talking about. Mr. Spanioli: No, no. That's fine, except you're amending the amount -- you don't -- Commissioner Gort: I think what she's saying is, if any of those agencies that are aboard right now, that you want to allocate $250, 000, if they're presently not working -- Mr. Spanioli: Right. Commissioner Gort: -- on any one design, forget about that one. Mr. Spanioli: Agreed. Commissioner Gort: The ones that are working and need to finish that design, then let's do that. Can you identify the ones? Mr. Spanioli: I can't do it on the spot, no. Commissioner Gort: Okay. Mr. Spanioli: But I could -- Commissioner Gort: Why don't you move for a deferral. Commissioner Spence -Jones: Okay. Commissioner Gort: Move for a referral [sic] and let him know what's going on. Let him understand what's taking place. Chair Suarez: No, but wait. If we defer, then we're slowing down the projects, right? Commissioner Spence -Jones: No. He's -- he has money already -- I mean, it's not going to have -- it's not going to affect it in the two -week period Mr. Spanioli: No. We have zero capacity in our current contracts, zero. We've actually -- in two cases, we've actually exceeded the -- Mr. Martinez: But you have ongoing work that you need to assign to them -- Mr. Spanioli: That's correct. Mr. Martinez: -- to keep it moving. So it's just going to delay the -- Chair Suarez: We have to recognize the process. Mr. Spanioli: It would be a delay if we -- Commissioner Spence -Jones: Okay. So can we run a parallel process? Mr. Spanioli: Yes, absolutely. Commissioner Spence -Jones: Okay. City ofMiami Page 55 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Mr. Spanioli: And we'd be happy to do that. And let me just say that in no way, shape, or form are we going to allow this to continue where they're asking for six weeks andl know it takes four weeks to do something. We're done with that. And this is just on the designs. There are issues that need to be resolved in terms of time, andl take it upon myself to study each and every one of the proposals that come through when it comes to this type of work. We're going to take the time to make sure -- even if they feel complacent and they think it's okay to take six weeks, we're not going to let them -- Commissioner Spence -Jones: Okay. Mr. Spanioli: -- take the six weeks. We're going to require it in the agreement. So it's a process. Commissioner Carollo: Mr. Span -- I'm sorry. Mr. Chairman. Vice Chair Sarnoff. Oh, I'm sorry. Yeah, you're recognized for the record. Commissioner Carollo: Director Spanelly [sic], you know what, I can even accept the six weeks, but they tell me three months. Every step takes three months. Mr. Spanioli: I was strictly using that as an example of a design time. Commissioner Carollo: I'm telling you, I even brought down B numbers so you see when they were approved -- and I'm telling you, we haven't even broken ground. So in other words, it's not even the construction work. We haven't even broken ground. There's not shovel in the ground and it's been -- it's a year. Not to mention the time that, you know, we get it together, CIP goes out there, we bring it to Commission, you know, which is usually like an extra month or so by the time we get it to Commission approval. So we're talking after Commission approval. It's over a year and we don't even break ground. So I can even accept the six weeks. I'm hearing three months, which is just unacceptable, because in less than those three months, they knock down and they build a McDonalds and -- So how can those -- Chair Suarez: A Chase. Commissioner Carollo: -- a Chase, a CVS (Consumer Value Stores), a -- Chair Suarez: (UNINTELLIGIBLE) about that. Commissioner Carollo: You know. Not to mention that stadium, that state-of-the-art stadium that was done in two and a half years. I mean -- Commissioner Spence -Jones: So do I have to withdraw my referral -- my deferral? Chair Suarez: No. Yeah. I think we should move. I think we should -- need to move this. Commissioner Spence -Jones: Okay, so let me -- Commissioner Gort: What's the motion? Chair Suarez: (UNINTELLIGIBLE). Commissioner Spence -Jones: Let me withdraw my -- because I -- let me withdraw my deferral. Chair Suarez: Okay. City ofMiami Page 56 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 RE.7 12-01015 Department of Capital Improvements Program Commissioner Gort: Okay. Chair Suarez: Is there a motion on RE. 6? Vice Chair Sarnoff. So moved: Chair Suarez: Moved by the Vice Chair. Commissioner Carollo: I think you may have -- you have a motion -- Chair Suarez: We do have a motion on the floor and -- Commissioner Gort: There's a motion already. Commissioner Carollo: -- andl second, yes. Chair Suarez: All in favor, signift by saying "aye." The Commission (Collectively): Aye. Commissioner Spence -Jones: Aye with a recommendation that -- Chair Suarez: Right. Commissioner Spence -Jones: -- the RF -- Chair Suarez: The direction. Commissioner Spence -Jones: Right. Mr. Spanioli: Yes. Very good. Thank you. RESOLUTION TO BE WITHDRAWN BY THE ADMINISTRATION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE EIGHT (8) JOB ORDER CONTRACTS ("JOC"), TO PROVIDE MAINTENANCE AND CONSTRUCTION SERVICES CITYWIDE, ON AN AS -NEEDED BASIS, FOR CAPITAL PROJECTS; ALLOCATING FUNDS FROM VARIOUS IMPROVEMENT PROJECTS AND DEPARTMENTAL BUDGETS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO ADD OR REPLACE JOC CONTRACTORS ON AN AS -NEEDED BASIS. 12-01015 Cover Page 11/15/12.pdf 12-01015 Summary Form.pdf 12-01015 Memo - Recommendation of Award.pdf 12-01015 Bid Security List.pdf 12-01015 Legislation.pdf 12-01015 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. City ofMiami Page 57 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.8 12-01013 Department of Capital Improvements Program RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED AUGUST 23, 2012, PURSUANT TO INVITATION TO BID ("ITB") NO. 11-12-027, FROM MUNILLA CONSTRUCTION MANAGEMENT, LLC D/B/A MCM, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE MUSEUM PARK BAYWALK AND PROMENADE, PHASE II AND III PROJECT, B-30538, IN THE AMOUNT OF $8,553,620.68, WHICH INCLUDES $7,618,876.54, FOR THE SCOPE OF WORK AND $934,744.14, FOR SELECTED ADD ALTERNATE ITEMS FOR PHASE II AND III, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $855,362.07, FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $9,408,982.75; ALLOCATING FUNDS IN THE AMOUNT OF $2,850,153.75, FROM CAPITAL IMPROVEMENT PROJECT NOS. B-30538 AND B-30538S, FUNDS IN THE AMOUNT OF $1,143,000, FROM A FLORIDA INLAND NAVIGATION DISTRICT ("FIND") GRANT FOR THE MUSEUM PARK BAYWALK, AND FUNDS IN THE AMOUNT OF $5,415,829, FROM THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY PROJECT NO. 92-686001, WHICH INCLUDES THE MATCH TO THE FIND GRANT; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. 12-01013 Summary Form.pdf 12-01013 Memo - Recommendation of Award.pdf 12-01013 Bid Security List.pdf 12-01013 Legislation.pdf 12-01013 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Commissioner Spence -Jones: Going back to the same item, right, Mr. Chairman? Chair Suarez: Yeah. Commissioner Spence -Jones: Okay. Johnny Martinez (City Manager): Mr. Chair. Chair Suarez: Yes. Mr. Martinez: RE.8, I need to add to the list of deferrals. Dwight Danie (City Clerk): Wait, wait, wait. Commissioner Spence -Jones: RE.8? Mr. Martinez: RE.8, yes. City ofMiami Page 58 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Spence -Jones: Okay. Mr. Martinez: There was a protest filed on that. Chair Suarez: (UNINTELLIGIBLE) with that. Mr. Danie: Excuse me. Chair Suarez: Yeah, we had -- Mr. Danie: Can you wait just --? Chair Suarez: Yeah, okay. That's fine. Just give him one second until he clicks over. Let us know, Mr. Clerk, when we're ready to go. Okay, Mr. Manager, you were saying. Mr. Martinez: Yes. RE.8, I need to add to the list of deferrals. We just -- Chair Suarez: Yes. Mr. Martinez: -- received a timely protest on that item, so I need to -- Chair Suarez: (UNINTELLIGIBLE) waive it. Mr. Martinez: -- defer it indefinitely. Chair Suarez: Okay. Indefinitely? Mr. Martinez: Yes, 'til the protest gets worked out. We're going to work on it very expeditiously. Chair Suarez: Okay. Is that the proper deferral motion? Commissioner Spence -Jones: Can I --? Commissioner Gort: We already voted on that. Chair Suarez: No, no. Commissioner Spence -Jones: No, no. Mr. Martinez: No, we did not. Commissioner Spence -Jones: RE.8. Chair Suarez: This is RE.8, which is -- we were -- it was a protest -- a potential protest -- the protestable period had not lapsed until 5 p.m. today. And the Administration had asked me to hold the item until -- at least until 5, if we were here 'til 5. Commissioner Spence -Jones: Can I ask one quick question? Chair Suarez: Sure. Commissioner Spence -Jones: I know we're not dealing with it and we're going to take it up. I don't know if there's any time sensitivity on this item. It is about 7.6 million -- am I right, 7.6? Am I saying the right number? City ofMiami Page 59 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Chair Suarez: Yeah, that's about right. Commissioner Spence -Jones: Regard -- I -- Is this a time -sensitive issue, guys? Mr. Martinez: Sort of it is. That's why we're going to work on the -- on resolving the protest as quickly as possible. Commissioner Spence -Jones: Do we know what the protest --? I mean, are we able to know what they were protesting? Mr. Martinez: The protest is based that they claim that the low bidder's office is not a local office and we believe that it is, so we need to sort that out. Commissioner Spence -Jones: When you say local office, meaning they're not (UNINTELLIGIBLE)? Mr. Martinez: In the City ofMiami. Commissioner Spence -Jones: Oh, it has to be --? Mr. Martinez: They have an office in Miami -Dade County, but they also have one in the City of Miami. Commissioner Spence -Jones: Right. That's what I thought. Mr. Martinez: And we checked their BTR (Business Tax Receipt) and they do, but -- anyway, that's the basis of the protest and we're going to look into it like this. Chair Suarez: Okay, is there a motion to defer this or withdraw --? What is the actual --? Mr. Martinez: Defer indefinitely. Chair Suarez: Defer indefinitely, okay. Commissioner Gort: Move it. Chair Suarez: But it can be brought back within -- okay. Moved by Commissioner Gort. Is there a second? Commissioner Carollo: Second for discussion. Chair Suarez: Go ahead. Commissioner Spence -Jones: I don't understand the -- Commissioner Carollo: I'm not sure if we're -- if it's really defer indefinite. I would defer maybe to -- Commissioner Spence -Jones: The next meeting. Chair Suarez: Or withdraw. Commissioner Carollo: -- the next meeting. Chair Suarez: Or withdraw and then put it back. City ofMiami Page 60 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Carollo: No? Mr. Martinez: I mean, hopefully, we can resolve the protest (UNINTELLIGIBLE). Commissioner Gort: They can always put it back in the agenda. We don't have to give a definite date. Commissioner Carollo: Okay. Chair Suarez: Why don't we defer it to the December meeting? That's a month and a half. That's not enough time? Go ahead. Kenneth Robertson: Kenneth Robertson, Purchasing director. Please defer the item to the November 15 Commission meeting. That will give me time to review the protest. Chair Suarez: Feel good about that, okay. Commissioner Spence -Jones: Great. Chair Suarez: So let's do a deferral to the November 15 meeting. Okay, is there a motion? Commissioner Carollo: I think -- Commissioner Spence -Jones: Second. Commissioner Carollo: -- there was already a motion on the floor. Chair Suarez: Okay, can we just amend your motion? Commissioner Gort: Yes. Chair Suarez: Amend your second? Commissioner Carollo: Yes. Chair Suarez: Okay. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Chair Suarez: Thankyou. Commissioner Carollo: Thankyou. Commissioner Spence -Jones: I'm just hoping we can get it done because -- Chair Suarez: Right. Commissioner Spence -Jones: -- this is a lot ofjobs right here that -- Chair Suarez: It's an important project. Commissioner Spence -Jones: Yeah. Chair Suarez: I think the district Commissioner would agree. City ofMiami Page 61 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Spence -Jones: RE.9. Chair Suarez: Thank you, Mr. Manager. RE.9 RESOLUTION 12-01132 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA ("CITY"), AS AMENDED, AUTHORIZING THE PROCUREMENT OF BOND UNDERWRITING SERVICES FROM VARIOUS PRE -QUALIFIED INVESTMENT BANKING FIRMS, UTILIZING EXISTING CITY OF CLEARWATER CONTRACT NO. 31-11, SOLICITED AND AWARDED PURSUANT TO OPEN -COMPETITIVE REQUEST FOR QUALIFICATIONS NO. 31-11, TO BE USED ON A CITYWIDE, AS NEEDED CONTRACTUAL BASIS, EFFECTIVE THROUGH NOVEMBER 2, 2014, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY THE CITY OF CLEARWATER; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS IN CONNECTION THEREWITH; RATIFYING, CONFIRMING, AND APPROVING THE CITY ADMINISTRATION'S RECOMMENDATION THAT IT IS IN THE BEST INTERESTS OF THE CITY TO BEGIN WORKING WITH WELLS FARGO BANK, NATIONAL ASSOCIATION, IN CONNECTION WITH THE REFINANCING OF THE $45,000,000 OUTSTANDING PRINCIPAL AMOUNT OF THE CITY'S REVENUE NOTE SERIES 2010 (PORT OF MIAMI TUNNEL AND ACCESS IMPROVEMENT PROJECT); PROVIDING FOR CITY DETERMINATIONS, SEVERABILITY, AND MODIFICATION, SUPPLEMENTATION, AND AMENDMENT, AS NECESSARY, OF ANY INCONSISTENT PROVISIONS OF PREVIOUS RESOLUTIONS. 12-01132 Summary Form.pdf 12-01132 Legislation.pdf 12-01132 Exhibit 1.pdf 12-01132 Letter - Finance Committee Recommendation.pdf 12-01132 Submittal- Tunnel Loan Refinancing Schedule.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0409 Chair Suarez: Now we have a little bit of a time issue. We had an 11 o'clock time certain and we have a variety of -- we had a variety of team members who have been brought from all parts - - corner of the globe on this item. So what we want to do is, at the very minimum -- because I know some people have tried to get here on time and this has -- some of the things have conspired to get us off schedule. We want to at least have the presentations done by noon, so we have 35 minutes. We're mindful of Commissioner Spence -Jones' request for a press conference at noon. And then if we have to make a decision or have discussion beyond noon, then it will be at 2, when we reconvene, or 2:30, depending on what this Commission decides. And so I just want to clarify it for everyone. We'll try to get everyone in who's here on a time -sensitive basis City ofMiami Page 62 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 to give their commentary and then we'll reconvene at 2 after lunch and make a decision and ask questions. So without further ado, Mr. Manager. Johnny Martinez (City Manager): Thank you, Mr. Chair. First, I'm going to start by thanking the Commission and the Commissioners for their interest and scrutiny and really looking into the details of what we're about to propose. It took several meetings and a lot of time to reach where we are. The objective of the City is to refinance a $45 million Wells Fargo loan, plus interest, by January 5, totaling $46.9 million, in a matter that results in the best business package for the City or our citizens. To accomplish the above goal, different financial paths were considered and examined collectively -- and emphasize the word "collectively" -- by our professional team, composed of financial advisors, bond counsel, underwriting counsel, disclosure counsel, City Attorney, the CRA (Community Redevelopment Agency), our chieffinancial officer, the financial -- our financial committee and our Commissioners. Cost, risk, timeliness and business structure were considered to arrive at a recommendation brought forth to our financial committee and concurred by the financial committee. Based on the above, the Administration unequivocally recommends that a limited public offering to QIB, which is Qualified Institutional Buyers, as our preferred business model to pay off our loan before January 5. The bottom line is that RE.9 is the vehicle to follow that path. Thank you. Chair Suarez: Thank you, Mr. Manager. Anyone else from the Administration wishing to speak on this item? Janice Larned: Good morning. Janice Larned, assistant City Manager/chieffinancial officer. What I have in my hand is the letter from the chair of the Finance Committee. It was delivered to the City Clerk, the Mayor, some of the Commissioners that were still here last evening, and then some this morning. First of all, our apologies for the lateness in delivery, but it was yesterday morning that the Finance Committee met. For sake of brevity, I will not read it into the record, but an official copy has been provided to the City Clerk's office. In synopsis form, it basically says the same thing that the Manager has just stated for the record. And in conclusion, they do concur with the recommendation as put forth by the entire finance team. With that, I'd like to turn it over to Steve Petty, who will now present the actual RE (Resolution) item, and then we'll get into the presentations. Thank you, sir. Stephen Petty: Steve Petty, director of Finance. This resolution is requesting authorization to procure underwriting services with Wells Fargo. To do that, we'd like to use the piggyback with the City of Clearwater's contract for underwriting services. Now this process has traveled a great distance, and I'd like to take a minute of your time to introduce our financial advisors, PFM (Public Financial Management), specifically David Moore, to kind of give you a summary of where we are. David Moore: Good morning. And for the record, my name is David Moore, managing director with Public Financial Management. I'm manager of southern practice. Sergio Masvidal, who you all know, unfortunately, somehow ended up being in New York today, so he's not here to make the presentation. Hopefully, I will do well in his place. Just as a starting point, if it's okay, I just want to step back and at the 10, 000 foot level, highlight -- obviously, you know that the purpose of this is to refinance the $45 million loan that was with Wells Fargo. In order to really do the most thorough analysis, in light of all the facts and circumstances, staff looked at both a limited private off -- public offering and a private placement. We'll walk through the details in just -- in a minute here, but the bottom line is the team is recommending that you move forward with the limited public offering. There really -- the biggest driver in that decision on this page -- there's three or four factors, but the biggest driver is raw cost, the total, the gross, the nominal. There's a lot of terms that have been tossed around in the last few weeks, but the total savings today is estimated to be about $4.39 million. The present value of that, converting future cash flows into current dollars, is about $1.79 million. Now I just want to step back for just a second. Over the last couple of months as the various proposals have been compared and adjusted and City ofMiami Page 63 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 clamed, you probably have heard numbers that range from this number to as high as five or five and a half million dollars for the savings. And so as -- what's going on is as the proposals have been clamed and we've gone back and forth, the number today, based on the proposals, which are much tighter than -- as you would expect now are much tighter than they were two or three months ago, is, again, $4.3 million in nominal savings and a present value of $1.76 million. There are additional things that led the team to recommend the limited public offering. The two variables here, a call option and a debt service reserve fund. Andl won't get too far into the weeds of those, but the bottom line is that the ability to refund or advance refund these bonds later, which you have with the call option, is a way that if interest rates are lower at some point in the future, you can capture savings. The private placement has a different type of call that eliminates the ability to capture the benefit of lower interest rate. So the point is there's an upside -- there's still an upside in the future to the limited public offering. The same thing applies to the debt service reserve. That's an asset, $2.2 million that you control that sits in the bank that is funded from the proceeds. All the interest earnings from that, and at the end of the financing, when you make the last payment, that is your money. Actually, you use it to make the last payment. So the point is, there's some interest earnings built into the model, very, very low interest earnings. Over time, interest rates will go up and down as that -- as interest rates go up, that benefit makes the savings even larger. You don't have that with the private placement. So the biggest issue is just the raw comparison of the debt service, but one of the other factors that led us to recommend the limited public offering is that most of the other financial factors that could change over time really worked -- only work if you're doing the limited public offering. Just moving on to a couple specifics -- and I'll go through these pretty quickly. As of now, just a summary of the financing, the limited offering has an interest rate of about 4.24 percent. It's structured with interest only for the first three years. And as I mentioned, it has a cash funded reserve. The cost of issuance and underwriters counts -- underwriters discount fees would be a total of about $575, 000. Under the private placement, the interest rate, the weighted cost of capital would be about 4.75 percent, and it includes cost of issuance of $2.25 million. Those are really two pieces. Three hundred thousand dollars is to pay the normal cost of issuance for the various professionals for the City. The rest of that would be Gates, the private placement providers fee. I won't go through all the detail. We may come back to this during some of the discussion on this next page, but this just shows -- if you look through the middle -- if you look in the middle, the whole purpose of this financing, as you all know, is to pay off the Wells loan. That totals up to $46.9 million. While the two structures get funded a little bit different, I just -- one of the points of this page is to make sure in both cases you pay off the loan. There's a little bit -- how you get to the actual dollar amount you borrow is a little bit different from one proposal to the other, but you get to the same point to paying off the entire loan. Now we're going to talk about every number on this page. That was a bad joke. We're not going to go through all the numbers on this page. By the way, while I'm there -- Chair Suarez: You obviously don't know how much fatigue we have on this deal, on this issue. Commissioner Carollo: I welcome it. Mr. Moore: It -- what I'm really going to do is walk through the bottom line, across the entire page, if that's okay with you. I think that'll get us to where we need to go now. We may come back and talk about some of these numbers more later. What this page does is compares the limited public offering on the left side of the page. Just to the -- a little bit of right of center is -- are the numbers for the private placement. And then the last two columns are comparing the two proposals. And if you go all the way to the very bottom row on the page, what you see is the total debt service for the limited public offering. It's about $73 million. Got to take my glasses off I'm getting old. The next column just nets out the benefit of the fact that you get the benefit of having that reserve account. If you look at the next to last row, it shows that coming back to you. And so the net debt service for the limited public offering would be $71 million. Now we always convert -- we always look at total debt service and we always look at net present value, converting it in today's dollars. And the next column converts the limited public offering debt City ofMiami Page 64 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 service into present value, which is $50 million. The next two columns compare the private placement. The total debt service is $75 million, which compares to the $71 million for the limited public offering. And the present value is $51.8 million. Those last two columns, again, at the bottom row, show that the total savings is $4.39 million. And then when you convert that to the present value, it's 1.7. One of the things that's important, I think sometimes when we talk about gross savings and nominal savings, you start with the exact same number. It's the savings each year, and then you just discount that back. And so it's important to keep in mind those are the same num -- when you're doing the comparisons, it really is the same numbers. With that, we're really at the recommendation point. The rationale, again, was it's a lower cost of capital. There is -- with the limited public offering, there is a little -- a greater rate transparency. There's further upside with the limited public offering and that you had the advantage, as interest rates go up and then down over time to refinancing for lower rates. And with that, are there questions? Or what's next? Ms. Lamed: Mr. Chair, we have other parties in the audience -- Chair Suarez: I have a quick question. Ms. Lamed: Yes, sir. Chair Suarez: I don't have a copy of that document that he's -- Thank you. Okay, yeah. Okay. I left it in my car, sorry. Mr. Moore: You were studying it on the way over, right? Chair Suarez: You have an extra one? Vice Chair Sarnoff. She gave me one. Chair Suarez: Okay, great. Sorry about that. Ms. Larned: Some of us have -- Chair Suarez: Thank you. Ms. Larned: -- them committed to memory at this point. Chair Suarez: Yeah, I'm sure. Ms. Larned: Nonetheless, we have the Gates Group also with us this morning and their representative. I don't know if we would like to defer to them at this point to see if they would like to comment. Other members of the financing team that are present with us this morning are bond counsel, Albert del Castillo, Jolinda Herring, our disclosure counsel, and Wells Fargo, represented by John Generali. Didl leave anyone out? Oh, of course, Pieter Bockweg, our total partner in this whole transaction is here, representing the Omni. With that, I guess we could turn it over to Graham or -- Chair Suarez: Yeah. Ms. Larned: -- Jorge, if they would like. Chair Suarez: I mean, I think because of the nature of how this thing has transpired, I think, in fairness, you know, we could -- we should allow Mr. White to make a, you know, brief presentation about -- City ofMiami Page 65 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Ms. Larned: Certainly. Chair Suarez: -- the option -- the private equity option. Graham White: Good morning. I'm Graham White. I'm senior managing director of Gates Group, capital partners, and its chief investment officer. It's a pleasure to present in front of the dais. I just want to put into record a few clarifications relative to what was just presented and also make a statement that I'm available to answer any questions from the Commissioners after you've discussed what's in front of you. First and foremost, there was a comment relative to the cost of issuance of the Gates presentation -- the Gates proposal. It actually is one million nine fifty, not two million two fifty. So just for the record, that was -- Vice Chair Sarnoff. How much? Mr. White: One million, nine hundred and fifty thousand, not two million, two hundred and fifty thousand, which was in the presentation that was just delivered to you. But to get really to the heart of what I really wanted to comment about this morning was that I think what you have in front of you is both a quantitative and a qualitative decision for the City. The process has been a rigorous one thatl think the Administration has gone through. We have, from the minute that we were made aware of this opportunity, tried to provide a present -- a private capital option that would provide significant flexibility to the City and a timely resolution of a refinancing which is very, very important for the City. But at the end of the day, I think this is not just about the quantitative difference of a projection of numbers when those numbers will really be decided in 30 to 60 days when rates are finally set, but also a qualitative decision relative to the risk involved with the additional decisions that'll be made relative to pursuing what is in front of the Commissioners. I think that not only does this involve a rate difference, but also a difference relative to due diligence time frame, when you can actually fix the cost of capital and closing time frame afterwards, as well as a degree of disclosure required from one transaction versus another. We submitted to City Manager at his request on October 16, a letter that really stated revised proposal from Gates that was requested because there was a payoff number given from Wells Fargo that we were able then to respond to. This was a smaller amount of funding requested than what we responded to an RFP (Request for Proposals), and that resulted in some revised projections in regard to our cost over an 18 year period. I might also state that our RFP response was delivered in a timely fashion, as well as was certified as a qualified proposal from the City's procurement office. But nonetheless, it was delivered at $48 million. What was requested of us is that we restate the proposal based on total use of proceeds of $47, 283, 244. And we did so on October 16, along with responding to several other questions that were asked of us by the City Manager and the Administration relative to our time frame for closing a transaction, our ability to lock rate in a manner that would be different from what is traditionally done through a bond offering and the degree of disclosure required from a Gates private investment transaction, using a lease leaseback financing structure. On page 2 of the letter dated October 16, which was delivered, we gave a time frame for closing, which estimated a commencement of due diligence during the week of October 22, a due diligence period of three weeks, the ability to lock the rate on our transaction during the week of November 12, and a rate lock fee, which is inclusive within the $1,950, 000 figure that quoted previously that would range between 0 and 1 percent of the funding amount. That number would have to be determined during the due diligence period. And as importantly, a final closing date in the month of November. And I think that what Gates was putting forth here has to be looked at in light of conditions that we're all facing as citizens, as well as taxpayers, relative to decisions that'll be made in Washington between now and the end of the year relative to a deficit crisis that we all as citizens face. The effects of that on the capital markets remain to be seen, but think everyone would agree that November and December in regard to capital markets are somewhat in question, with no historical perspective to really base what could happen based on. Finally, on the next to the last grammatical paragraph of our letter, we made the statement that as to the degree of disclosure required with a Gates private equity transaction, neither Gates nor its City ofMiami Page 66 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 investors require disclosure to either the SEC (Securities and Exchange Commission) or any rating agencies. And finally, we closed our letter with the offer to continue to be available to strive to work with the City to provide a truly independent third party private capital alternative for the City/Omni CRA to refinance the current Wells Fargo bank loan on the Omni CRA tunnel. Basically, I'd like to close by stating we remain motivated to work with the City and provide what we feel is a more timely, more flexible, as well as a more creative private financing approach to this refinancing of the tunnel loan. Chair Suarez: Thankyou. And I'm sure you'll be available for questions if the Commissioners have any. Mr. White: Yes, sir. Chair Suarez: Thankyou. Okay, anything else from the Administration? Any members of the Commission wish to opine, discuss? Vice Chair Sarnoff. Mr. Chair, I'd like to start, and then I'd also like the indulgence of this Commission to actually close -- Chair Suarez: Yes. Vice Chair Sarnoff. -- 'cause I -- you know, candidly, I received a call from the City Manager when I was in China -- and I'd love to tell Commissioner Gort about the trip 'cause it was incredibly exciting -- andl was asked to attend a meeting via any method thatl could do. And so this was certainly on my mind when I was in China. Andl got to read the record of what was said by some of the Commissioners here; some I consider my friends. And being that we're all politicians and the Miami Herald loves to write a good story, I thought I would begin with a story, if you would. The first meeting took as a Commissioner -- and I'd like you all to go back to the first day you were a Commissioner, the excitement you had, the wonder you thought of -- was with then DOT (Department of Transportation) District 6 secretary Johnny Martinez, and a woman by the name of Alice Bravo. And they were there to impress upon me the absolute need for the tunnel. And it wasn't -- they didn't have just one meeting with me. I think they had a series of three meetings. And of course, filled with, I guess they call it, piss and vinegar, as a new Commissioner, you want to show them alternate plans, alternate thoughts, better ways of doing things. And then District Secretary Johnny Martinez took it upon himself to walk my through my 16 different plans that I could show would be better than the tunnel, and in all candor, shot down every one of my 16 alternate ways of doing this and impressed upon me the absolute need for a tunnel project. Since that time, I've become a huge fan of Bill Johnson. I had the honor, the distinction and the pleasure of voting for, supporting, going before then Secretary Stephanie Kopelousos, along with then -- it wasn't Senator Rubio, but with Marco Rubio, with David Rivera, with the Dade Delegation. I was the last person to talk to Stephanie Kopelousos and told her, You know, you're going to get fired anyways. You may as well do the right thing and fund this project. And she looked at me and she says, I've never had an elected official talk to me. Andl said, You'll be fired in three months of this decision. She was fired two months later -- or resigned. Let's put it like that. And Stephanie Kopelousos did the right thing. Andl should rewind a moment for y'all. If you remember then Governor Crist was talking about pulling the $450 million from the tunnel project 'cause he wanted to get it to the 1-4 corridor for whatever reasons or conclusions you're entitled to draw, and we wanted it to stay here in the tunnel. So why did l find and learn from Johnny Martinez, Alice Bravo, Bill Johnson, why was it so important to keep this money here? And why should the City ofMiami participate in a completely regional port? Well, I can give it to you andl am so convinced of this and I'm so honored to have put my imprinter on this is because 30, 000 jobs. And you know, we all sit here and say, Oh, I'm going to create a job. No, you're not. I just don't think government creates jobs. Personally, that's the way I think life works. However, government creates the table setting for jobs. And one of the things that the government should do to set the table for people City ofMiami Page 67 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 to create jobs is infrastructure. Our infrastructure in the port was horrible. But equally, Commissioner Spence -Jones andl can say the trucks that were going up and down our city, they weren't just scarring our city, they were destroying our city. And by the way, is it a black/white issue? And you don't hear me talk black/white issues a whole lot. It absolutely was because it kept the African -American community broken apart from the rest of the city as a result of these trucks going up and down. Once these trucks come off that particular street -- those streets -- those three streets, that community grows together and there's no impediment in the City of Miami to prevent that scarring from going on. So should the City ofMiami participate? It'd be great if we didn't have to. We were, as I'd put it, the fly on the you know what of an elephant. We were just that little piece of the puzzle, which, by the way, some Commissioners at that time said, You know what, I'm going to bet they'll go forward with this project and we don't need the City ofMiami funding. And you know what? As Stephanie Kopelousos said to me, You don't come up with your money andl'm going to move this $450 million to the 1-4 corridor. It's not hard to figure out why Charlie Crist wanted that money up in the 1-4 corridor. He was running for something, remember? So I got to vote on this. I got to support this, and it was funny because we had something called the global agreement. And the global agreement was a piece of legislation that could have occurred in Washington, D.C. (District of Columbia). And then City Manager Pete Hernandez and then Mayor Manny Diaz and then Larry Spring sat at my kitchen table for about 11 hours, and we created something that had something in it that not everybody liked. The only thing wanted in the global agreement, candidly, was the tunnel. It had things for Commissioner Spence -Jones that were important to her. It had things that were important then for Commissioner Gonzalez. And Manny Diaz sat at the kitchen table and he said, There's only one Commissioner that supports the tunnel; that's you. It was true. There was only one Commissioner. The global agreement became the global agreement because, unfortunately, legislation has something in it for everyone. And that agreement became the basis upon which the tunnel could proceed forward. Now it's -- it was always intended and always was going to happen that the Omni CRA was going to pay for whatever our portion of the tunnel would pay for. Andl had the unpopular choice and the unpopular task for the past two years of managing the Omni budget. And managing that Omni budget meant saying no to a lot of people that we used to say yes to. And we collected and have in reserves, I believe, adequate amount of money to pay for either one of these options. Now the purpose of me telling you all this is you didn't get to vote for the tunnel project. And some of you -- and you've heard Mariano Cruz go, you know, This shouldn't have happened. This was crazy. I'm just putting it in perspective of every Commissioner why it is I did what I did. None of you had the chance to vote for the Marlins stadium except for Commissioner Spence -Jones. That was an equally controversial issue, you know. I chose the side a little different and separate apart from Commissioner Spence -Jones on that one. I -- she may think her vote is right. I think my vote is right. I respect her vote. I think she respects my vote. She did vote, I believe, for the tunnel project, so I think everyone understands and sees why it is we have to do this. Alright, so the ball now is with us. At the last Commission meeting, there was some comments made that, How did we get to this last place? How did we get to the very end? Why didn't we start this sooner? Andl was going to put an entire timeline and really bore you with it -- andl'm tempted to still do so because I want to defend at least my involvement with this. On January 17 of last year, I instructed the Omni CRA director to start the process of getting this going. Andl said to him, We need to have three plans. And he's like, Oh, Commissioner, what do we need three plans for? I said, This is the City ofMiami. Everything that can go wrong, will go wrong. So I said, Plan A, let's first meet with somebody I think everybody on this dais respects, Carlos Migoya. Let's get his input on what he thinks the plan should be. Sure enough, Carlos Migoya, we met with him. By March 14 -- and by the way, from March [sic] 17 to March 14, some Omni CRA documents had to get approved from the County as well as the City, and I'll just leave it at that. So I don't want you to think nothing didn't happen. There was a 17th meeting, an 18th meeting, a February 15 meeting. On March 14, we met with Carlos Migoya. What's the simplest thing to do? Have a plan C. We actually were working on plan C. What was plan C? Well, we knew that we were under an SEC. We knew that the City Attorney was taking a position -- and this is where Julie and don't always agree. I didn't agree with her position and thought she was overstepping City ofMiami Page 68 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 her bounds. I thought her office was overstepping her bounds. But I knew that she was going to make certain statements and recommendations. So plan C was simply get Wells Fargo to agree to a two-year extension; in other words, pay off some principle, pay off some interest. And candidly, Carlos Migoya contacted them and they came up with a scenario that they would accept that they had one thing didn't think you guys would accept. They wanted a pledge of the half -cent sales tax. Never thought you guys would accept that. But at that meeting, something exquisite happened. Wells said, We'd be interested in long-term financing. Okay, so now Wells is interested in getting a long-term financing off their books. Again, that was -- looked like that was going to be a good plan A. But then we created something called the dual track, plan B. We wanted to have a private equity way of doing this so that in the event the City Attorney maintained her position, which was I don't think we should go to bond -- and she liked to call it the Joe 6-pack bond, which meant a regular guy bond, the guy that reads the paper in the morning and, you know, Honey, what should we invest in. So that bond itself she was not in favor of us going for. And what happened is, as this process evolved -- and I want you to know there was a March 19 meeting, an April 17 meeting, a May 15 meeting, a May 17 meeting -- First Southwest, which was our previous financial advisor, decides to resign. May 30 meeting -- and by the way, there was a lot of dustups in these meetings. I was present in a lot of these meetings. I didn't agree with the City Attorney's position on some things, and she didn't agree with my position on some things. But as I said to her, I think I'm a principal; I think you're an agent. I think your duties are to give us advice and not instruction. And as much as I'm going to criticize Julie, I'm also going to say, inevitably, Julie became a real product of getting this thing done because at what think Mr. Manager andl will call a pretty exquisite meeting andl think that meeting occurred in July, andl, unfortunately, would love to cite the exact date and time. I sat in a meeting where we got very dusted up. Chair Suarez: He wants to get the exact date and time. Vice Chair Sarnoff Well, it was a very dusted up meeting. And Julie andl had exchanged some words at that meeting, and interestingly enough at that meeting, the person that understood the outcome of that meeting the best wasn't me as a lawyer. It was the Manager. And that's when one of -- I think it was Albert de Castillo said, Well, let's go with a Reg. D144. Okay, let me show you my ignorance. I didn't know what a Reg. D144 was. And you know, Mr. Chair -- I don't know if you know what a Reg. D144 is -- you probably do now -- butl don't know if the first time it was mentioned to me, I knew what a Reg. D144 was. And the Manager walked away saying, It looks like we're going to go with a qualified individual buyer loan, and it turned out it was a QIB. And what was carefully said there as well was, we're going to dual track this. let's not ascribe to one system or one mechanism. Let's make sure there's always options on the table. And after that, we continued on on a dual track. I got to know Graham through various series of meetings, I think two or three, never meeting with him by myself always with the CFO (Chief Financial Officer), always with Pieter Bockweg. And we developed -- and by the way, they weren't the only ones that we were talking to for private equity. They -- I believe Thoroughbred Capital was a company we were talking to. We wanted to bring as much to the table as possible so that there would be competition, and in that competition, there would be good rates. there would be good terms and conditions. Now, candidly, when we were speaking to Equity, we were actually asking them to put more of the loan towards the back end of the deal to allow the recovery of the real estate market and maybe even get some things accomplished in the Omni that hope you support me on, including the MEC (Miami Entertainment Complex), so they were under a little bit different parameter. Suffice it to say that this entire process has gotten us to where we are today. I want to put on the record they may not agree with me and they may agree with me. Dual track was discussed with everyone involved at all times. Maybe it wasn't completely understood, but it was certainly discussed. Now we have -- andl think Graham was absolutely right -- a qualitative/quantitative decision to make today. I have sat with not less than three lawyers andl got three different opinions. Qualitative, quantitatively --I mean, I think the way to look at this, there is a $1.7 million present value difference, okay. In that $1.7 million difference, the qualitative difference is -- and the City Attorney gave us I think as much of an City ofMiami Page 69 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 opinion as any -- andl, candidly, agree with you, Julie. You can't say much more than your opinion. And her opinion is a limited public offering is safer than going to a Joe 6-pack -- andl don't mean to be colloquial, but to going to a regular old public offering. So we have to make a decision, and that is I think there are trolls out there. I think there are people out there that just want to sit and sue the City ofMiami, and it happened with -- What was the woman's name? Ms. Bru: Helen Hunt. Vice Chair Sarnoff. Helen Hunt I think is a troll. And I don't mean that, Helen Hunt, in an ugly way. I mean that in a legal way. And that is that I think she was looking for an opportunity to sue the City of Miami. I do think there are legal trolls out there. I think the analysis -- and I apologize for taking so long, Mr. Chairman. But I think the analysis this Commission has to make -- there is a $1.7 million present value difference. For -- we have a risk -- I think it is a much lower risk. I agree with Ms. Bru that we would be sued under 10(b) -- 10(b) (5) or we'd be sued for fraud under the SEC, Securities Exchange Commission. But there is a risk out there and we have to quantin, that risk. You could do it in many, many different ways. Equally in that risk, there's a risk that the SEC would conduct a further investigation against us for issuing those things -- for -- I'm sorry, for issuing the QIB, qualified individual buyer loan. And you could turn around and say, Well, how much money have we spent on the SEC investigation to date? That'll give you a number. Whether it's 2 million, 2.2 million, whether it's 1.8 million, it's a number. And then how much money and time and effort did we spend on defending Helen Hunt? That's equally a number. You can mitigate those numbers by saying, "Let's overdisclose". That just means, let's disclose everything in the world. But this is Miami. There are more lawyers per square foot in the City ofMiami than any city in the United States. There are more lawyers per capita in Washington, D.C. That's the difference, in case you're wondering. More lawyers per capita, more lawyers per square foot in the City ofMiami than any city in the United States. So we know we have the available talent out there to sue us and we simply have to put a number on that. The other slight advantage to the Gates issue is there's some more available cash available to the Omni to get some things done in the earlier years. In the later years, you know, they -- somebody said to me, Well, you guys could pay this off early. I don't think the Omni is going to pay this off early, candidly, you know, my colleagues -- I think the Omni, as a -- I wouldn't vote to extend a day of the Omni's life. I think the Omni is pretty well doing its job. I think it is moving along slum and blight. Andl think by 2030, it will have done its job and have completed its task. So here's -- here it is. And I'm -- andl welcome this debate. It is a $1.7 million difference and we simply have to say, What are you buying off of that $1.7 million? The only last question I'd asked the City Attorney, Is there any legal impediment why you could not go Gates versus public offering? Is there anything about their documents, anything wrong or anything that will impede us from doing this? Ms. Bru: Commissioner, the business structure that Gates is proposing is something that's routinely used in the State of Florida for financing capital improvements. What we have not had a chance to do because of how this process has developed is look at any definitive documents that Gates may be providing for us to review. So we have not seen -- we've seen a sample of a transaction that was done in California, but to this date, we have not had the opportunity to review the actual business transaction, how it would be memorialized here for the City in Florida. So I can't give you an opinion about whether or not what the business terms that they would be proposing -- that would be subject to negotiation. At this point, that hasn't happened. Chair Suarez: Thank you. Commissioner Spence -Jones: Mr. -- Chair Suarez: Yes. Mr. White: Excuse me. May I comment? City ofMiami Page 70 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Spence -Jones: I'm sorry. Can I --? Chair Suarez: Just let her go -- let -- you know, the Commissioner has preference. Go ahead. Commissioner Spence -Jones: Andl -- and that's one of the reasons why I kind of wanted them to state everything on the record 'cause I really want us to delve into this issue. I'm glad that you kind of laid the foundation as to, you know, why we were here, andl just want to make sure that I'm clear because -- and those -- my colleagues are clear my position and my push for waiting until you got back, I thought that was the most appropriate thing to do. If it was the City of Miami or CRA Overtown/Park West issue and we were -- you guys were asked to take a vote, I'm sure it would have been respected for me to be here to kind of explain why I felt it was important and what actually happened. I thought that you had the most knowledge around this situation. I felt the Administration's recommendation to Skype it was very inappropriate. So I just want to be clear because after, you know, that meeting, there were several meetings and briefings I had with various individuals and there was a feeling that Spence -Jones was trying to, you know, prevent the item from moving and that I was trying to shift all the responsibility on one particular district Commissioner and that wasn't the case. What I was trying to do was the actual opposite, was making sure that all five of us that have to vote on this issue, you know, were here to actually hear it from the beginning to the end. So I just wanted to lay that to rest. I thought it was important for all of us to be here and not make these hasty decisions. I do want to say also, you know, part of my concern then -- andl know we have another thing waiting, so I don't want to spend a lot of time on it, but -- and hopefully, when we come back, we could talk about it. My concern was with the Administration, Commissioner Sarnoff, and that was, you know, as Commissioner Carollo had mentioned, you know, when -- during the last budget hearing, he mentioned the 45 million. And all of a sudden, you know, everybody was like, Okay, well -- like let's not really talk about that, you know. And then all of a sudden, on the next agenda, here we are voting on an item, quite frankly, that they already knew about. And it just becomes -- after a while, over and over again, it makes you think twice, three times, you know, any time the Administration is saying something, shouldl second guess it? Because what Commissioner Carollo was saying was absolutely true, you know. And guess what, we have -- if our backs are up against the wall and we have to make tough decisions, allow for us to have the time to make those tough decisions and not pretend like it didn't exist. And that was my concern, and that was the reason why I wasn't prepared to take a vote on it because, quite frankly, I felt that there was still some issues that needed to be worked out. And then this whole element of Gates, which, quite frankly, I was never really briefed on until the last briefing for the last Commission meeting, that there was even an issue between both parties. And I'm like, we got to stop operating from this viewpoint, we really do. And you know, it's just becoming very discouraging to make decisions that are going to affect, you know, citizens beyond us. When we're out of this office, whoever's left here sitting in our seats are going to be cleaning up our mess. I don't wish to be a part of that and that was my concern. So I just want you to know that -- andl think that that was the reason why I know I didn't take a vote 'cause I felt that you needed to be here to explain it so that all of us could understand why you were taking the position that you were. And quite frankly, I felt Skyping was inappropriate. Chair Suarez: And let me just say, ifI may, I think you framed the timeline and the discussion very, very well, you know, in terms of actually going back before, you know, most of us got here and how we even started in this process. I think -- and it goes a little bit to what the Commissioner said. I think -- andl think we all know this, as Commissioners, we live almost parallel realities because we cannot talk to each other, yet we are all going along on a parallel track towards decision. So what we see happen a lot of times is information flow is not given equally, andl can get into a lot of the minutia. I'm going to try to avoid some of it because I made a lot of those points in the last Commission meeting. But I think that's the biggest concern is that we're all operating on parallel tracks so, you know -- and so you may have had 25 meetings. I may have had 15; she may have had 3; he may have had 2 -- I mean, I'm not saying - City ofMiami Page 71 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 - I don't know how many everyone had. And it also has to do with our interest level also, you know, in terms of what we want to do and how much we want to get involved. I got very involved in this because I thought that this was a big enough deal to bankrupt the City twice over. We have about twenty something million dollars in reserves and if we were not able to make -- meet the call -- the January 5 call, then we would bankrupt twice over, which is a point that Commissioner Carollo made at the budget hearing. I think one of the reasons why he made it -- andl don't want to put words in his mouth and he's perfectly capable of defending his positions - - is that we were in October -- you know, we're heading into October -- it was September -- and we basically had one quarter, one, you know, financial quarter to finalize it. Andl think, you know, we could take a break now and we can, you know, reengage a discussion and make a decision. I just wanted to say that, you know, we all live parallel realities and that means that, you know, things that may be -- everyone has a different perspective in this, you know, andl think it has to do with information that they've been given or not given or questions that they've asked that haven't been answered the way that they feel should be answered and then an answer's been backtracked. And you know, I could give you a perfect example. I got this legal opinion, which I had asked for from the City Attorney, on the 23rd It's the 25th. You know, we have two days to make a decision of this magnitude. I got this letter sent by the City Manager regarding a conflict of interest of the underwriter yesterday, so you know, it's -- you know, we had a kind of -- was it yesterday or was it --? Mr. Martinez: (UNINTELLIGIBLE). Chair Suarez: Right. Okay, so I -- we got it -- I got it the same day he got it, but the point is that we have to make a decision and we're getting critical information the day before the decision. So let me clam, I got it the same day he got it. The question is, why didn't we get it earlier, you know? We had a kind of a kumbaya meeting with all the parties, I think, yesterday or the day before -- I get the days mixed it. We've had -- I've had quite a few meetings on this too -- where we finally got together on what were the actual cost discrepancies. Up until two days ago, it wasn't clear what the cost discrepancies were and that was very frustrating to me because I couldn't even begin the policy analysis as to whether to choose option A or option B ifI didn't -- if there wasn't even agreement on what the cost discrepancies were, and they were significant. The discrep -- we're not talking about, you know, someone thinks it's, you know, point three and carry a one, you know, no. This is like a multimillion dollar cost discrepancies. So, you know, I mean, I can get into more and more of it. I think you summarized how we got here very, very well, andl think you've also summarized what the policy decision that needs to be made is, very, very succinctly and very well. Andl just wanted you to know that I lived in a parallel reality where things were not maybe told and discussed and questions were not answered in that same -- Vice Chair Sarnoff And my only point was -- andl know sunshine is really adhered to. I mean, nobody here talks about what anyone's doing. And you must feel like there's a vacuum out there and, oh, there's this big thing coming due andl can't tell them I've been meeting with people and Chair Suarez: Right. Vice Chair Sarnoff -- doing this and -- Chair Suarez: Right. Vice Chair Sarnoff -- you know, I counted that there were not less than 62 meetings -- Chair Suarez: I believe it. Vice Chair Sarnoff -- concerning this. Andl took this responsibility -- and you know, to be candid, the Mayor, actually about, I don't know, two months ago, a month ago, came and said, City ofMiami Page 72 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 You need to get this across the goal line. Chair Suarez: And let me just interrupt you. By the way, ifI would have known you took 62 meetings, I would have felt a lot more comfortable about where we were and where we're at, so that's another thing, you know. Vice Chair Sarnoff. And understand, I'm not Commissioner Gort. Let me just say this andl won't say anything for a long time, I promise. I don't have your banking experience. I mean, I know how to mortgage things. I know how to amortize things. But I had never put together -- a bond together before, so this was a little bit new to me. And if you don't think was frustrated that we started on January 17 and it is now October andl couldn't see this process moving any faster -- and then, like every elected official, you know what I did, Commissioner Gort? Finally, I said, January 3, start counting backwards 'cause we all understand what we have to do just before the election. Andl said, This gets done no later than December 10 because Murphy's going to happen and something -- you're going to need a week extension, and then you're going to need another week extension. And we started proceeding from that way. And just -- Commissioner Gort, am I surprised at the obstacles in this? Yeah, I really am. I never knew it took so many hands, so many people to put together an interest rate and to put together an analysis. Chair Suarez: Andl -- Commissioner Gort: Mr. Chairman. Chair Suarez: Yes, please. Commissioner Gort: You know, I feel the tunnel and the Miami Stadium, for the amount of funds that we're providing, we're getting the greatest benefit. Let's face it, we've been talking about getting the trucks out of our roads for the last 30 years, I believe. I believe in the last 30 years -- I don't know how many plans we've seen from the County, how many different plans we've seen from the state. For the first time, something came together, the funding came together, so I feel pretty good about that. The economic impact for the City ofMiami is not only getting the trucks out of there, the port, the dredging of the port, the dredging of the panama canal is going to be great economic development for the City ofMiami, so I'm all for it. Now my understanding is -- I know we have gone through all this, but we been working on this since January. I don't believe we have stopped. I believe we have been talking and we have the people involve in it and conversation have been going on for a while. It came to the conclusion two month ago, this is the options that we have now. But my understanding is, we been working on it all along. Vice Chair Sarnoff. We have. Commissioner Gort: Okay. Vice Chair Sarnoff. Okay. Chair Suarez: Okay. We're going to take a recess until 2: 30? Commissioner Spence -Jones: 2:30 is fine. And then, Mr. Chairman, it was going to take us five minutes to do -- to get set up, if you -- Chair Suarez: Okay. Commissioner Spence -Jones: -- guys can just be ready for that. Chair Suarez: Sure. City ofMiami Page 73 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Spence -Jones: I know you need to -- still have time to go have lunch, so that's why want to -- Chair Suarez: Why don't we do 2: 45? Commissioner Spence -Jones: -- do the press conference -- Chair Suarez: Why don't we do 2: 45? Let's do 2: 45 so we can have an extra (UNINTELLIGIBLE) -- Commissioner Spence -Jones: Okay, no problem. So we should be starting in the next five minutes for the press conference. Chair Suarez: Thankyou. Chair Suarez: We are back on the continuation of -- Commissioner Carollo: RE. 9 -- Chair Suarez: -- RE.9. Commissioner Carollo: -- which is the tunnel. Chair Suarez: Anyone who wants to be recognized? I actually have to go to the back for a second. So anyone who wants to be recognized? Vice Chair Sarnoff. All right. Mr. Manager, where do you want -- how do you want to proceed? Mr. Martinez: I think the Gates Group gave a presentation. I think we're available to answer any questions or clam anything. I think we've made a clear recommendation that we want to go with the limited public offering, the QIB, and -- Vice Chair Sarnoff. All right. So you don't want any -- You feel like your record is made and you're satisfied? Mr. Martinez: Yes, I am. Vice Chair Sarnoff. Okay. Commissioner Carollo: Mr. Chairman. Vice Chair Sarnoff. All right. You're recognized, Commissioner Carollo. Commissioner Carollo: Thankyou. I will make a motion to approve RE.9. Commissioner Spence -Jones: Well, can I ask a question? We lost -- Commissioner Gort: Second. Commissioner Spence -Jones: I want to make sure the Chairman is here. We had a motion and second on the item. Chair Suarez: On what? Commissioner Carollo: RE. 9. City ofMiami Page 74 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Spence -Jones: On RE.9. Vice Chair Sarnoff. Motion to approve RE. 9. Chair Suarez: Okay. So we've decided that that's what we're going to do? Vice Chair Sarnoff. No. You -- I was chairing. Chair Suarez: Right. Vice Chair Sarnoff. He was recognized. Commissioner Carollo made a motion to -- Chair Suarez: Okay. Vice Chair Sarnoff. -- approve RE.9. I think Commissioner Gort seconded it. Chair Suarez: Yeah. And think, you know, from my perspective, we were talking about a parallel experiences, andl think you had identified very, very well before we broke what the policy decision that had to be made was, which was if we felt that there was a risk that going with this option -- I should say -- I should be more specific -- going with the Wells' option would not result in an SEC investigation, then it would certainly be less expensive. I think when you talk about a net present value differential of -- I think it's about $1.7 million, then, you know, that's where I think the policy decision -- you know, the discussion has to come in because we've already spent over a couple million dollars in outside counsel fees on our SEC -- our current two SEC investigations. So I think you had mentioned -- I don't know if you want to discuss that or not. I don't know if that's important to you or not. Vice Chair Sarnoff. The -- go ahead. The -- Chair Suarez: Just the fact that there is a -- you know, that there's a discrepancy between one -- you know, a value discrepancy, a cost discrepancy -- which, by the way, I didn't come to this overall conclusion in terms of having all the numbers perfectly squared away until two days ago. Vice Chair Sarnoff. And candidly, I don't think did either, so I -- so wherever our alternate universes were -- Chair Suarez: Yeah. Vice Chair Sarnoff. -- they were working in parallel sync -- Chair Suarez: At that point they had intersected, right? Vice Chair Sarnoff. I think you're about right on that. Chair Suarez: Right, so -- Vice Chair Sarnoff. I have -- there's two things I think we need to debate. Chair Suarez: Right. Vice Chair Sarnoff. I think we should debate are we supposed to be doing a present value analysis. Should we be looking at the real dollar analysis? Chair Suarez: The nominal versus -- right. City ofMiami Page 75 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Vice Chair Sarnoff. Andl think this one-third thing too. Let's say somebody was decidedly Gates or was siding towards Gates. Do we -- how do we know that the legal documents will be there in the form that you're going to be satisfied with, Madam City Attorney? 'Cause what -- I think what Commissioner Carollo is going to say -- and he'd be right. So, all right, we get to Decem -- no, we get to November, whatever, and now the City Attorney says, I can't approve these documents. Where do we go from here? And on the other hand, have you seen Wells's documents? And what ifI get here on November 15 and you say, Commissioner, I'm not ready to proceed because I don't like Wells's documents? Chair Suarez: May I jump in on that one? Vice Chair Sarnoff. Yeah. Chair Suarez: When -- I don't know if you were handed this, but was handed what purports to be a schedule, which -- Vice Chair Sarnoff. I've seen it. Chair Suarez: -- talks about a circulation of a second preliminary draft of a limited offering memorandum on October 15, so there were some -- already some work being apparently done, which is concurrent with the Wells Fargo conflict letter, which says -- which I find interesting. It says here, The issuer -- and that's us -- has engaged Wells Fargo Security to serve as a sole underwriter and not as a financial advisor -- municipal advisor in connection with the issuance of the bonds. So I found that to be somewhat interesting that there's a letter signed by our City Manager that says the issuer has engaged Wells Fargo Security and we haven't even voted on the item. So that, to me, was -- This is a letter dated October 17 andl got it yesterday. It was given yesterday to the Manager, but I got it yesterday as well. I think one of the things that concerned me in the last Commission meeting when you weren't here, Mr. Vice Chair, was that I think prior to that, Commissioner Carollo had made mention of the fact that he was concerned about the timing of this all and during the budget. And you know, from -- andl am, too, frankly. And so, to me, you brought up two good points. One point is that we haven't seen the finalized version or anywhere near the finalized version of these other set of documents. But you know, we -- when I was in my briefing, bond counsel was admonished by our CFO for making the statement that Wells was going to say that they could potentially not meet the time deadline. So all I'm saying is, I have, in my parallel experience, many reasons to have a lot of doubt over the way things were handled by the Administration, andl could go to point by point. I mean, things that -- questions that asked that were very logical questions that got an answer as, Oh, you know, I'm really sorry. You know, we didn't do that 'til then. The secondary answer to the same question was, Oh, no, yeah, we checked. And then the tertiary answer was this very long and involved kind of back -ended explanation to what happened. And what I'm referring to specifically was when I asked, Why didn't we go to our regular underwriters, the underwriters that are procured? We have a whole procurement of -- slew of underwriters that are procured, you know. And so there -- I mean, there's a variety of things. You know, I will follow your lead on this. This is your CRA, you know. Well, it's not any one -- Vice Chair Sarnoff. I get you. Chair Suarez: -- person's CRA. It's your -- you know, you're the leader. Commissioner Spence -Jones: You have a bet -- you have better knowledge of the -- Chair Suarez: On this. Andl will -- Vice Chair Sarnoff. But here's what I suggest. City ofMiami Page 76 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Chair Suarez: -- follow your lead on this. Vice Chair Sarnoff. Let me -- let's go through three legitimate issues. Should we -- And I'm going to look to you, Commissioner Carollo. -- doing -- should we be doing a present value analysis or a real dollar analysis? Are the -- Those are the two -- one and two. Three, do we have the legal documents necessary and how assuredly can we be, on either of these people, the documents will be done in the timeline scheduled? And the fourth thingl wrote down andl was remembering, Gates made a statement: capital markets will be uncertain. I think they made two reasons. One is, right after the Presidential election, andl think they said the second reason is it's December -- we're approaching December. And need to have answers to all four of those questions. Chair Suarez: Couldl answer one? Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Let me just try to answer one of the four questions, which has to do with whether we should take the net present value differential or the nominal. I think they're both important numbers. Obviously, the nominal is over the life of the loan. We're going to be paying more with one than the other. I think why the net present value is important is because our legal fees are in present-day dollars. Like let's say we were to issue the debt today, whatever it is, whether it's a bond or whatever. If we were to get sued in six months by the SEC, our outside counsel fees start to run in six months in present-day -- basically, in present-day dollars. We issued, I believe, our last garage bond and we were, you know, put on notice that there was an SEC investigation shortly thereafter. So we've spent money pretty much in present-day dollars. So for me, the question more is, if we don't think that we're going to be investigated by the SEC on this transaction, then, you know, the difference -- the nominal value difference, it's not -- it is a large discrepancy. I mean, it's almost a two -million -dollar discrepancy. So if we think that, you know, one tool or one vehicle is safer or is less likely to be investigated by the SEC or it doesn't have the same disclosure requirements or whatever, then -- than another one where we are likely to be investigated by the SEC, then I think that's where the difference comes in on that issue. I mean, I think you have three other good ones, but -- Commissioner Spence -Jones: Mr. Chairman, I -- Vice Chair Sarnoff. Could you -- Commissioner Spence -Jones: -- have some questions. Vice Chair Sarnoff. Okay. Could you address -- for the moment, could you address what you think is real val -- present value, Commissioner, or --? Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: IfI may. Chair Suarez: Of course. Commissioner Spence -Jones: Yeah. Commissioner Carollo: I've been pretty quiet, at least for -- today regarding this. Andl sit here and I'm still, you know, in amazement that a month ago in the budget, my only caveat was, you City ofMiami Page 77 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 know what, I'm going to leave everything else -- and there was issues that I had with different parts of the budget. I'm going to leave everything aside because I think the most important issue we have is a payment due of $45 million in January that we have not budgeted for. It's a month later and we're still discussing it. Now, with that said, I understand -- 'cause I heard you loud and clear during the budget hearing, and you said, Commissioner, I had to do due diligence. We had to do all this. And let me tell you something. I'm the first one who tells you, yes, we look at all avenues. Gates -- and this is nothing against Gates, nothing against Wells. We look at all avenues. We do our due diligence and we try to see what's the best for the City ofMiami. But my point is very simple. It's either time to fish or cut bait. Chair Suarez: I agree with that. Commissioner Carollo: It's very simple. It's either time to fish or cut bait because, guess what, in two months now, we are going to have to make a payment of $45 million, which we do not have, and even though the CRA, yes, has sufficient funds for various principle payments and interest, it does not have the 45 million to pay. So what I've started saying a month ago and I -- you know, I'm embarrassed to say that it's a month ago, and what I am saying now is very simple. Once again, I think now the ball's in our court. This Commission needs to take action. Chair Suarez: And we will. Commissioner Carollo: The Administration has pretty much said, Listen, all of our financial advisors have made recommendations. Bond counsel made a recommendation. Our whole financial team has made a recommendation. The Finance Committee has made a recommendation: Commissioners, here's our recommendation. So I think now it's upon us to either fish or cut bait, and we got to make a decision. And the same caveat that had a month ago, I have now. We need to make a decision. We need to move forward, you know. Right now, analyzing what will be a better deal and so forth, okay. All I'm saying is, let's say we go with Gates. Can they fulfill their commitment? Can it get done? What -- you know, that's -- from what I've seen, it's a lot more complicated. Maybe months ago, yeah, we could have taken on something, you know, a little bit more complicated. However, we got two months to do this. And think about it this way. Think about when you just -- people at home, when they take out a mortgage on their homes. Two months, think about it. Chair Suarez: It's not a lot of time. Commissioner Carollo: It's not a lot of time. Now think of the City ofMiami and a $45 million refinance or a loan or a bond offering or a limited bond offering. So all I'm -- and again, I want to limit, you know, what I say to, once again, the caveat. Listen, we need to take care of this, you know, and we need to move forward as fast as we can, obviously, prudent. But the bottom line is, we need to move forward. And I'll go a step forward. I think this Commission needs to act because the Administration I think are crystal clear in all of their recommendations. So I personally think we need to move forward. Thank you. Chair Suarez: Well, I think -- I don't think there's pretty much anything that you said that I disagree with, with some minor exceptions. I think you obviously have a lot of confidence in what the process has been to get us to this point, these recommendations by the Finance Committee, recommendations by the -- Commissioner Carollo: Bond counsel. Chair Suarez: -- bond counsel, et cetera. Maybe I was not at 62 different meetings, but maybe I had, you know, quite a few meetings where there were many things that were said back and forth where I saw conflicts between our CFO and our bond counsel, where I saw different people from our financial advisor making presentations, where I saw, you know, an emergency Finance City ofMiami Page 78 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Committee meeting that I had never seen before, and then another Finance Committee meeting. So from my perspective, you know -- And by the way, I think your -- you make a very good argument on the -- you know, on the home -- like a homeowner who has two months to refinance. The problem is we had two years to refinance. And so, you know, part of my -- Commissioner Carollo: (UNINTELLIGIBLE). Chair Suarez: Yeah, I know, I know. And you're right, and you're right. And think Mr. Del Castillo said it in our briefing, you know. He said, Look, you know, I understand your frustration and you -- I don't disagree with anything you're saying in the briefing, but how do we move forward Andl think, you know, that's really, at the end of the day -- because, like I did say earlier, you know, this is enough money to bankrupt our city two times over. I mean, we have, you know, somewhere in the vicinity of $20 million in reserves. This is a $45 million debt. Do the math, simple. You know, the only thing I'm saying is, you have two different options, and the options, finally, we know what the difference is between those options. First of all, I finally knew what the differences were and it was established by all the parties two days ago. And you know, when I get, you know, documents that are important, I think, to the transaction, like conflict of interest, disclosure documents -- You know, I just think a lot of this stuff could have been handled better. Let's -- let me leave it at that. I mean, that was my parallel reality. Vice Chair Sarnoff Can I say something? Commissioner Gort: Mr. Chair. Vice Chair Sarnoff You know, I guess a journey starts with a, you know, few steps and we've come a long way. And I've never taken this journey before, and I'm not going to tell you that this was a pretty place or a pretty time to go through. I fought with the City Attorney. I didn't fight with the Manager, andl fought very little with the CFO. But what you have upon arrival are two options, and what you have upon arrival are two options in the four plus percent financing package. And it's like you're choosing between a Mercedes and a Lamborghini. And you're saying, Can you believe we only have that choice? I mean, we have two good options in front of us. All want to do is debate what is the better option. Chair Suarez: Right. Vice Chair Sarnoff Look, you know that when we pass legislation and you know when Congress does it, watching legislation is like, you know, watching sausage: it looks horrible, feels horrible, but when you finally eat the sausage, it tastes pretty good. We're at the point where we're about to decide what sausage to buy. Chair Suarez: And let me just say that there are sometimes and a lot of times where we make decisions, andl think there's been many times in the three years that we've been here together, we've made decisions where, when you make the decision, you make the best decision that you can, given the information you have, and you have to put your faith and confidence in a certain process. And really, the only way to know whether you made the right decision is later down on the road when things, hopefully, work out and then you look back and say, you know, thankfully, I made that decision, and thankfully, it all worked out. And so I think there's a little bit of that here. And think, from my perspective, maybe because I've been through what I've been through -- andl think I've got in an argument with everybody on this deal, so you're a better man than I am. You know, I think, to me, it's a little bit of a crisis of confidence from my perspective. I lost confidence in this process for a variety of very, very specific reasons and very, very specific instances. And you know, again, I'm willing to defer to your judgment, you know, on this. Yes. Commissioner Spence -Jones: Mr. -- City ofMiami Page 79 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Chair Suarez: Yes. Commissioner Gort: May I --? Chair Suarez: Of course. Commissioner Spence -Jones: I thought -- Commissioner Gort: I'll yield to you. Commissioner Spence -Jones: No, no, no, 'cause you next. But thought the whole purpose of us coming back and after we heard the presentation, we were going to at least debate the issue and talk about it. We kind of did it a little different. We kind of took a vote and didn't really -- Chair Suarez: No, we haven't voted on anything. Commissioner Spence -Jones: Well, we had a motion -- Chair Suarez: We got a motion. Commissioner Spence -Jones: -- and a second. Chair Suarez: Yeah. Commissioner Gort: And discussion. Commissioner Spence -Jones: Okay, right. So I just want us to be able to talk through what the real issues are. So -- Chair Suarez: Okay. Commissioner Spence -Jones: -- but I want to defer to Willy 'cause Willy was going to say something. He had his hand up before me. And then I just have a couple questions. Commissioner Gort: Well, my understanding is, this process is something that's been going on for quite a bit. And if you recall back in 2010, people were saying we cannot do the issue at this time because we have to wait and Administration kept coming back and we had the change on the Finance director and so on and a lot of things took place, and that's why we're here today. Now I personally know and from the beginning, I always was told that we going to negotiate with the existing bank and firm that is there. My understanding is bond counsel has been working -- not the bond counsel, but the underwriters counsel has been working on this document for quite a bit in conjunction with the Administration, previous administration and the existing administration. Andl think you got the two calculation in here on how they think they'll do it. The SEC, my understanding is we have learned quite a bit from what happened in the past, andl think we have made some changes in our transactions to make sure that we don't have to -- we comply with all the requests of the SEC. We got -- in this deal, we have people that have been working for quite a bit now. You got your disclosure counsel. You got your bond counsel. You got your underwriters' counsel. You got our people working with them and our Finance Department, andl think all that should be in consideration too. At the same time, I, myself remember saying we're going to be going two way. We going this way, but if we can find a better alternative, we'll go for the better alternatives. So I think this is -- andl can understand where the process -- you have to be upset because of the information you get today and then it change tomorrow and you got all the rights to be upset with the process. I feel so far I am ready to -- but think we should go ahead and discuss it and ask all the questions of the two different transactions. How long is it going to take and what is the transaction like? What's the City ofMiami Page 80 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 difference between one and the other one so you guys can really understand who can do it on time. Chair Suarez: Thank you, Commissioner. Commissioner Spence -Jones: (UNINTELLIGIBLE). Chair Suarez: Yes. Commissioner Spence -Jones: (UNINTELLIGIBLE) simplin, what the issues are because we've been talking about all of this, andl know the people in the audience and the people are watching it -- that are watching it have to be confused. So just want to be clear andl want the Administration to make sure that we break it down so that even the simplest person can understand what we're talking about. So it's A versus -- apples versus oranges, right? So the first one is -- the one that the staff is recommending is the limited public offering, the bond. That's what the staff is recommending. What Gates is recommending is more of a private equity financing situation. Mr. Martinez: Correct. Commissioner Spence -Jones: Correct. All right, so part of my briefings with the Administration -- so that my colleagues are clear -- the reason why we did not go with the private equity financing, the Gate [sic] group, was because at the time we were being told if we went -- I was being told that if we went with it, then we'd have to spend another $4 million, okay. Mr. Martinez: At the end of the 18 years, yes. Chair Suarez: Over the life. Commissioner Spence -Jones: Okay. So I just want to be very clear and have a very clear answer, you know, from -- I don't know if it comes from Gates or if it comes from Administration. Is that a true number? Will we be spending 4 million extra dollars if we do that? Mr. Martinez: Yes, through the life of 18 years, through the life of the bonds. Commissioner Spence -Jones: Okay. And then the -- and that would have been -- that makes this more expensive for the City. Mr. Martinez: Yes. Commissioner Spence -Jones: Okay, all right. Mr. Martinez: Yes. Commissioner Spence -Jones: So does any --? Is that true? That's what we're hearing? Okay, so we're not going to be able -- we don't know if there's anything different. We only go by what the Administration is telling us that's what it is. Chair Suarez: I think the difference is -- it's two different ways of looking at the same information. One way of looking at it is, what is the difference between how much it's going to cost us over the life of the entire 18 years? And that difference is 4.4. That's a nominal difference. Commissioner Spence -Jones: Okay. City ofMiami Page 81 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Chair Suarez: Then the question -- the reason why you -- I thought the reason why the private option was even being considered had to do with the fact that we had two open SEC investigations. Commissioner Spence -Jones: Oh, I was getting to that point. Chair Suarez: Right. Commissioner Spence -Jones: But -- Chair Suarez: But that's where I think the cost differential -- to me, that's the only reason why you would even consider spending more money. Commissioner Spence -Jones: But he -- they just shook their head and said it's not four. Is it four million? If it's not four million, say it's not four million. Even if it's over 18 years, does -- I just would like to know, is it $4 million. That's a straight answer. Mr. White: Graham White, with the Gates Group. Before I answer your question -- I'm happy to do so, at least from Gates's perspective -- I want to just clam one point that was made prior to the break in regard to our documentation. After we responded to the RFP and were notified that we were certified as a qualified bidder, we had our attorneys spend over two hours on the phone with the Administration's counsel and bond counsel and provided them not only with bond documents that we had paid for another transaction to give them a sense of what the documents would look like in this transaction but also gave them a term sheet which included all the business points of a lease leaseback transaction. That was over a month ago. So I just want to clam that both the legal structure or the legal documents that would be used as well as the business terms have been on the table from Gates to the Administration for over 30 days. As to what the cost is going to be and whether it's four million or not, from my perspective, that number is going to be determined not today. You're looking at a point in time relative to where the market is. The question, I think, really needs to be looked at in regard to what is the cost going to be between today and when you close. And what point I made earlier before the break about our timeline is, unlike a bond, a private equity transaction would give you the ability in the middle of the process to circle the rate and know definitively what it's going to cost. With the bond you're going to be in the late third quarter, early fourth quarter of a football game -- to use an analogy -- before you're going to know what it's going to cost. So I just want to put that in perspective because one of the options that you have in front of you gives the ability to take some of that interest rate risk from a timing standpoint off the table. Commissioner Spence -Jones: I got you. Andl don't want you to confuse the audience or the people watching or me either. So the question was a very, very direct question, andl guess you gave me an indirect answer, and that was, you don't really know if it's going to be $4 million or not until the process starts, correct? Mr. White: No one does. This is just a point in time. Commissioner Spence -Jones: Okay, so no one -- so can I ask you where did the $4 million come from? Mr. White: The $4 million came from looking at the cost -- Commissioner Spence -Jones: But who looked at it and gave us the amount, four million? Because I know that in my briefings, that one of the main points that the Administration pushed us on -- well, or pushed me on was, Commissioner, this is something we need to push on and get done not only because we had a very small time frame, was the mere fact that it was going to be about four million extra dollars that we had to spend. So now I'm hearing that that is not City ofMiami Page 82 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 necessarily the case. Is that what you're saying? So where did the $4 million come from? Mr. Martinez: Commissioner, the $4.4 million is a number developed with certain assumptions from our financial advisor, andl think he's the most appropriate person to answer that. Commissioner Spence -Jones: Okay. Yeah, can you tell us how we got to $4 million? David Moore: Glad to. Again, for the record, my name is David Moore. This page we looked at earlier. Commissioner Spence -Jones: Yes. Mr. Moore: Just to be clear, the numbers that were shown for the Gates proposal are precisely the numbers pulled from their term sheet. They were based on market conditions, I forget, a few weeks ago. We used rates from those same time frames -- Commissioner Spence -Jones: Got you. Mr. Moore: -- to create numbers. As Mr. White has said, interest rates could go up or could go down between now and a few weeks from now when things are done. So that's -- just to be absolutely clear, these are using the Gates numbers and from the same market conditions numbers that we have put together using a limited public offering. Commissioner Spence -Jones: Okay. So that -- Mr. Moore: So they are apples to apples. Commissioner Spence -Jones: -- they're numbers -- Mr. Moore: Yes. They're apples to apples in that respect. Commissioner Spence -Jones: -- that you had the opportunity to go through and that's how you equated the four million. And that's why when I got briefed, part of the reasons why we had to go with the limited public offering was because that would save the City money. That's -- that was the -- that was what was communicated to me, so that was the first issue. The second one I just want to be clear on -- I know that Julie did a legal opinion on this, andl just -- you know, that leads me to the Chairman's viewpoint on this issue around the SEC investigation. I'm assuming that, Julie, you did a legal opinion on this stating that this would reduce or wouldn't reduce our risk with SEC? I just want to be clear. Julie O. Bru (City Attorney): The memo that provided the Chair, andl gave copies to the rest of the elected officials and management, answered the question that the Chair had, which was what was the difference in the risk -- in mitigating litigation risks between a public offering, a full public offering, and a limited public offering. In response, there is some benefit to reducing litigation risks by doing a limited public offering because of the nature, character, quality of the investors with whom you're doing business with. Commissioner Spence -Jones: Okay. So you just felt it was important for all the Commissioners to understand the difference -- Ms. Bru: Yes. Commissioner Spence -Jones: -- the two? And then last but not least, so -- and then I'm going to be done with it, 'cause these are the three things that kind of stood out for me, andl guess this would be a CFO (Chief Financial Officer) question. I know that based upon the bond issue, we cannot lock in a rate until after the closing, correct? I'm not speaking on Gates side. I'm City ofMiami Page 83 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 speaking on the bond side. Mr. Moore: In both cases you would work your documents. The difference would be that under the Gate's proposal, they would block in the rate a little earlier. I think we've -- on the time table, it's about two weeks earlier, which I think in this -- I think that's one of the reasons this is - - that value has decreased over time is -- as the schedule is been compressed, it's only going to save you a couple weeks. I think at one point in time, it may have saved more than that, which the longer you have that option or that protection, the more relevant it is. But in this case, you're only talking about two weeks difference between you -- when it would happen in the Gates concept and when it would happen for the bond issue and that -- Mr. White: May I make a comment or --? Commissioner Spence -Jones: Sure, you may. I'm just -- want -- trying to understand what we're doing here. Mr. White: Sure. Commissioner Spence -Jones: Go ahead. Mr. White: As it relates to disclosure, I just want to further that comparison, which wasn't contained in the memo that the City Attorney gave to the Chair, but under -- and it's stated in our October 16 letter to the City Manager. Under a Gates option, there would be no requirement for any disclosure to the SEC and/or to any other governing body. And so I think if you're looking at assessing risk, you not only have to look at those two options, but you have to look at a private equity solution as well. Commissioner Spence -Jones: So when you say -- 'cause part of -- you know, the piggyback on that is going with the Gates group, that means we have no or limited SEC disclosure? Mr. White: I think it's safe to say you have less risk than you would with either of the two bond options by virtue of the fact that you're not having -- we're not requiring you to disclose. Therefore, we're not going to be able to sue under those same disclosure documents. We're not requiring them. As it relates to the point that was just made by the financial advisor relative to saving two weeks, under the time frame I gave prior to the break, we talked about a rate lock the week of November 12. The last I heard -- and the date keeps moving, but the last I heard, you would get indicative pricing on a bond in December, December 10. That's not two weeks. Andl think that you have to look at this in light of the fact that that's a date certain. That's a process that private equity uses. The bonds are going to be floated in the market at a point in time you're ready to go to the market. So it -- I mean, it may be two weeks, I think. It's really more safe to assume it's three to four weeks, which when you're looking at a two -month period, it's quite a savings, up to 50 percent of the timeline. Commissioner Spence -Jones: Okay. Commissioner Gort: Question. Commissioner Spence -Jones: I'm almost done. I'm sorry. Commissioner Gort: No. Commissioner Spence -Jones: I just -- Commissioner Gort: So we can clam -- City ofMiami Page 84 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Spence -Jones: -- want to get all my -- Commissioner Gort: -- this too. Question that we can clam some of the statement being made. Commissioner Spence -Jones: Okay. You can go ahead. Commissioner Gort: Now correct me if I'm wrong, but my understanding is you also have the option to go on the market on the day that you believe -- once you have all your documents together, you can go to the market and the day you fill, according to the desk -- confirm it with your desk -- that is best suitable for the issue. Am I correct? Mr. Moore: Yes, sir. Commissioner Gort: We have that option also. Okay, thank you. Commissioner Spence -Jones: Okay. And then this is the last thing. It was kind of mentioned before we took a break, and l just want to be clear. Andl don't know who actually mentioned it. It might have been City Administration. But know that someone mentioned that the City tried to refinance with Wells Fargo awhile ago and then Wells Fargo came back with some unfavorable conditions. I don't know who -- I don't know if it came from us on the -- or on that end. I just want to know from, I guess, the Administration side of it what kind of prevents this from happening again? What happens if we move ahead and we say, hey, we're going with the, you know, bond -- we're going with -- excuse me -- Wells Fargo. We're going to go 'head and do this. You know, the first time around we had, you know, something very similar to this happen, you know, where they said one thing and it came back unfavorable. What happens if that -- how do we prevent that from happening again? Ms. Larned: I disagree with that. They did not offer something and then change the terms. What occurred was -- Commissioner Spence -Jones: No, not change the terms. I didn't say that. I'm sorry. I apologize. They came back with something unfavorable. In the -- I wrote it down. Vice Chair Sarnoff. I think what you're -- Commissioner Spence -Jones: Commissioner Sarnoff said -- Vice Chair Sarnoff. Yeah. I think what you're saying is when we met with Wells, they agreed to a two-year extension of the loan, but they wanted to get the pledge of the half -cent sales tax. We never thought that would be agreeable to -- Commissioner Spence -Jones: Right. Vice Chair Sarnoff. -- anybody here. Commissioner Spence -Jones: I remember you saying that. Vice Chair Sarnoff. Right. But what we were asking them to do at that time, Commissioner, was just to roll their bond -- was to -- let's get the word -- let's get rid of the word bond -- was to roll the loan over for two -- the note for two years, and they put a requirement on I never thought anybody from this Commission would ever accept, and then -- and out of that group, Hey, would you like to go long-term financing? Commissioner Spence -Jones: Okay. And l just want to make sure that as we go into this -- because we don't have a big time -- a big window left, you know. I just want to make sure that City ofMiami Page 85 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 we don't make a step into a certain direction and then Wells turns around and does something different, 'cause then we're really stuck. Ms. Larned: We have no reason to believe that they would do anything different. Commissioner Spence -Jones: Okay. Ms. Larned: Absolutely. Commissioner Spence -Jones: All right, so let me just -- and from -- closing on this situation for me. As Commissioner Carollo has stated, you know, we can ask the City Administration, meaning the Manager, the CFO, the Finance Department, to give us recommendation to go through these numbers, to work with, you know, our bond counsel, to work with our financial advisors, to tell us kind of what direction we need to go in. The only thing we can do on our end as Commissioners sitting up here is really, at the end of the day, trust what you guys are telling us. So, you know, we already know we don't have any wiggle room in this transaction at all. So I just want to be clear as we take this vote today on this issue -- and I'm looking at you, Johnny, because at the end of the day, the buck stops with you. I'm looking at the right person; that this is something that -- this is the only alternative or the -- not only alternative, but the most fair alternative for the City at this time in order for us to address this debt that we have at this present time. I'm going to respect the district Commissioner, Commissioner Sarnoff, 'cause he's been knee-deep in this stuff and that's why I was trying to wait till he got back. And if he feels comfortable -- Commissioner Sarnoff, you feel comfortable with this, then I think that we have to roll with the punches with you on this. I just have -- the reason why I didn't really press hard on it once it came back to me from the Administration and it was a cost issue, the answer was pretty obvious for me. But when I started hearing all these extra things that went along with it, I became very concerned. So if Commissioner Sarnoff, you vetted this -- andl know you know how to vet till the cows come home -- and Manager, your team has totally gone through this and we've gotten a letter from our finance committee, that they say that this is the best deal, I mean, we would be crazy to do something else different. Correct? You don't want to call me crazy. Mr. Martinez: I don't want to call you crazy. Commissioner Gort: Yes. Mr. Martinez: Yeah, exactly. Chair Suarez: I don't think anybody does. Commissioner Carollo: Stranger things have happened. Vice Chair Sarnoff You know -- Mr. Chair, there's a jury instruction that we give to juries, and it's about expert testimony. And it says, Ladies and gentlemen of the jury, you've heard some expert testimony. You're entitled to accept, reject, and hold or in part any part of that testimony that you wish to reject, consider, or do with as you best decide. And that's essentially because people are not supposed to throw their common sense out the window. Some of us come here with a background -- I imagine Commissioner Gort has a background in banking. I suspect Commissioner Carollo has done more present value analysis than I've done, although I've done many present value analysis for juries, both at the defense and at the plaintiff side. But do want to get some questions answered and, Mr. Manager, I'm going to look to you. You're welcomed to push it to anyone you wish. And then I'd really like a City Commissioner who feels like they understand the issue to tell me his perspective. So should be doing, Mr. Manager, a present value analysis or a real -dollar analysis? Mr. Martinez: I'll let Mr. Moore answer that. But my understanding of the -- 'cause I asked that City ofMiami Page 86 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 same question, and even though you do both calculations and they're good to have and there's a good indicator, the present value analysis is more significant when you have a cash investment to make and you run it out and you want to compare your alternatives and pick, you know, the best one, what's going to cost you the most. In this case the nominal value analysis is more meaningful to our decision, even though you use both and you calculate both. But Mr. Moore can expand on that. Vice Chair Sarnoff. Let's hear from him, and then I'd like to hear from -- I want to hear from the Commissioner, 'cause I want to hear -- You know, you gain a certain trust with these guys and lady. You gain a certain -- Commissioner Spence -Jones: Lady. Vice Chair Sarnoff. -- trust. Mr. Moore: We always look at both and for the very reason that you're struggling with it, because the total amount over time is a factor you take into consideration. The City is going to be here 20 years from now, so those cashflows are relevant over time. At the same time, if someone was going to give you $20 million in the year 2400, how do you figure out whether you should take that? So you have to somehow get it into today's dollars, and that's the whole point. Vice Chair Sarnoff. So is it like a lottery? Like I win the lottery. I win $500 million. Do I take my $500 million over the next 30 years, 20 years? I don't know how they do it in the lottery. Or do I take my $260 million right here, right now? Mr. Moore: That's the -- it's the same math, and that's the point that you always want to take into account. You want to look at the duration. If it was a three- or four-year financing, you wouldn't be as worried about present value because it's so close to today that if -- that you would really just look at the totals, but as you go out further in time and as the cash flows may be -- one may be a little better in one year and another one better in another year, you've got to rationalize that, and that's why you look at both. That's why you look at present value. Chair Suarez: Mr. Vice Chair, I think the answer to your question is it depends on how you invest your money. If you invest your money at a rate higher than the discount rate, then you take it -- in today's dollars, you invest it at a better rate and vice versa. I think the reason why, to me, a present value analysis was important is because we're looking at these two transactions. If they were the same trans -- just two transactions, one cost more, one costs less, I mean, the answer to the question is easy. I mean, it's a very easy -- pick the one that's less expensive. I think the reason why we're looking at discrepancy in present value dollars is because we spent present value dollars defending the City ofMiami against SEC brought cases, and a current exposure is greater than the difference of the savings here. So I think the question that we have to ask ourselves is if we feel that there will not be, you know, an SEC investigation, then I think the choice is clear. It's one option is less expensive than the other. I mean, it's that simple. If we think that there is a probability or more than a possibility that there's an SEC investigation and then if we think the cost associated with defending that law suit is greater than this present value amount because this present value amount is of the present day. So even if you were to discount it for year one, two, and three, which we're already a couple years in, it would still be roughly the same amount, maybe a little bit more. So that's really, I think, the question. And that's why I asked for the legal opinion. And the legal opinion says a limited public offering, which is what we're discussing, one, wherein securities are sold only in large denominations to Qualified Invest -- Institutional Buyers, QIBs, will not reduce the risk of S -- the Securities and Exchange Commission, SEC, scrutiny of the offering or reduce the need to conduct full due diligence and prepare accurate disclosure statements. It does say here also, however, sales limited to QIBs do have certain potential benefits, which is what the City Attorney was stating, from the private securities litigation risk perspective. The problem is that most of our outside counsel fees have City ofMiami Page 87 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 not come from private securities litigation; they've come from the SEC investigations. So I think that's really what it boils down to for me. And if we all here as a big group of advisors, if we think we're confident in our team and we move forward -- we're not going to have an SEC investigation, it's not going to cost us another $2 million -- then the choice is clear. If we think, you know -- if there's a -- Commissioner Gort: Go ahead. Chair Suarez: You don't want me to go there? Commissioner Gort: No. Go ahead, go ahead. Chair Suarez: No. I -- Vice Chair Sarnoff. Let me ask you this, Mr. Chair, because -- Chair Suarez: Yeah. Commissioner Gort: Wait a minute. My question is is that's your argument, then we're not going to be able to issue any bonds. I mean -- Commissioner Carollo: Right. Commissioner Gort: -- that we got to hold the other bonds and so on. Chair Suarez: And that's what we were told initially, which is we don't think we can issue a bond or it's not advisable to issue a bond because there's two pending SEC investigations, a Wells' notification by the SEC, there is -- we're on the Moody's watch list for a downgrading, and because we're under declared state of financial urgency. So all those factors combined made it risky for us to do a public offering. So it says here that it's -- that there is no reduced risk of doing a limited public offering. So that's all -- I'm just -- since we're debating it and we're flushing it all out, I think that's what it comes down to at the end of the day. That's why the nominal -- I'm sorry -- that's why the net present value is more important than the nominal. Vice Chair Sarnoff. Well, if we -- so let's talk. This is Gates. So if we go Gates, we do away -- do we do away with an SEC investigation? Chair Suarez: And I don't think there's an answer to that question either, and that's kind of the -- part of the frustration. Commissioner Gort: Well -- Chair Suarez: I haven't gotten an answer. Commissioner Gort: -- I'd like to hear from the bond attorney because also, we need to explain the differences between the two transaction, 'cause this one is a lease -back transaction, which is completely different, documentation's completely different too. Now, I don't know, maybe I'm wrong, but I read in some of the documents that I received that they needed 60 days to do the -- Now I understand they cut that in half now. Commissioner Carollo: Plus 30. Commissioner Gort: So that's a -- let's get everything clear. I mean, if we want to put everything on the table, let's put everything on the table. City ofMiami Page 88 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Vice Chair Sarnoff. Agreed. Chair Suarez: Go ahead. Mr. Martinez: Can I ask one question that's confusing me. If we go with Gates, we've used up the $1.7 million. If we go with the bonds, we might use the 1.7 million if we're challenged and that type of thing. So on one we're assured we use the money, the 1.7; the other one, we might use up the money if we're investigated or have to disclose more and that type of thing. I don't know. Is that a true statement? Albert del Castillo: I think -that's true. For the record, Mr. Chairman, Albert Castillo, with Suarez Sanders, a City bond counsel, with offices at 200 South Biscayne Boulevard. Mr. City Manager, I believe -- that's correct what you said, ifI understood you correctly. You're out the money with Gates immediately in that present value figure that's been thrown out, although I'm a lawyer, not a finance person, butl would question whether that's really the amount to be using as opposed to looking at the overall amount because at the end of the day, the City and its residents are going to pay that full 4.3 or $4.4 million over the life of the Gates transaction, and I think we can't lose sight of that. But with respect to the SEC investigation, there's no way -- No one can sit up here or sit where you are and guarantee that there will not be an SEC investigation on anything that the City does, be it a public offering, limited public offering, private placement, or the equity financing with Gates. And one thing that you could almost not guarantee but assure yourself, the more that these things are thrown about this way in these sort of deliberations, it doesn't really engender a terrific amount of confidence, right, so it all -- it might very well accelerate any (UNINTELLIGIBLE) investigations. So that's just a, you know, food for thought. Vice Chair Sarnoff. All right. So having said that -- and let's -- I'll put them up here as if -- So if this is Gates and this is Wells, you're saying it's the same -- with regard to SEC, it's the same? Mr. Del Castillo: Commissioner, the issue is -- Vice Chair Sarnoff. There -- the potential -- Mr. Del Castillo: The potential -- Vice Chair Sarnoff. -- (UNINTELLIGIBLE) investigated -- Mr. Del Castillo: I'll tell you why. Vice Chair Sarnoff. You don't have to tell me why. I know why. Mr. Del Castillo: Okay. Vice Chair Sarnoff. Andl don't think these guys -- I think they understand why as well. Mr. Del Castillo: I -- Vice Chair Sarnoff. So I want to take that off the table. Mr. Del Castillo: Right. Vice Chair Sarnoff. So these are equal. Mr. Del Castillo: I -- City ofMiami Page 89 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Vice Chair Sarnoff. We do something with this. We do something with this. We invite SE -- well, we potentially could invite SEC. Mr. Del Castillo: Yes. Vice Chair Sarnoff.. However, with this -- this being Gates -- we don't have a 10(d) (5) action, right? So we don't have what call the legal trolls out there, people trolling around to sue the City, correct? Mr. Del Castillo: I don't know. I'll tell you why I don't know, because what we haven't seen from Gates yet is exactly what sort of closing certifications and legal opinions will be required to consummate and close a transaction, so here's what happens. In the public offering, limited public offering, there is a single disclosure document that is prepared. In the public offering, it's an official statement. In the limited public offering, it would a limited offering memorandum. Now the reason you maybe think that there's no risk associated with Gates or a private investor group is because those folks are sophisticated enough to do their own due diligence. Now what happens there is you don't have a single disclosure document; you have a multitude of documents that could constitute what Gates might view in its mind as the disclosures being made by the issuer in order to allow them to make an informed investment decision in the process. Now what are they going to ask the City to do in terms of confirming that the City did indeed give them all material information relevant to the investment decision? We don't know that because we haven't gotten to that point yet. Vice Chair Sarnoff.. So let me just summarize what I heard. What you're telling me is because you have not seen Gates' documents, you don't know if, in fact, they could be -- that the City could be susceptible to a 10(d) (5) action by one of their investors, correct? Mr. Del Castillo: I want to be clear because Mr. Graham's went earlier. We have seen draft documents from a Redondo Beach, California, issue which we would have to totally deconstruct and put back together to fit this particular financing that we're looking at here for the City of Miami, number one, just to be clear as to what we've seen and not seen. Number two, in terms of whether it would be a 10(d) (5) action, here's what happens. Gates' investors, based on at least my understanding, are real estate -based investors. In other words, the people who put the money up to enable Gates to then make the loan to the City are used to dealing with real estate -based investing. That is why the requirement here of the lease leaseback, which, with all due respect, makes no sense in the context of refinancing a bank loan for the port ofMiami tunnel. There is no nexus whatsoever to the lease leaseback of any City property, unless we want to talk about the tunnel itself, and we're not there, right? So it's a very attenuated nexus, if at all. So the concern would be what is Gates telling its investors in terms of the nature of this investment, and that's why the City Attorney andl have been so concerned that, yes, there may be reduced risks in terms of the bond investor coming in and finding something remiss or amiss with a disclosure document, but we don't know what would happen, vis-a-vis, Gates' own investors. And we have made suggestions in terms of how to potentially mitigate and reduce that risk. But until we actually got into the weeds of the actual documentation, we wouldn't know if what is ultimately done would be satisfactory. Vice Chair Sarnoff.. So your concern is the nexus between the CRA (Community Redevelopment Agency) giving a leaseback on its building and its parking lot for the -- as a -- 'cause the most it could be, in legal parlance, a guarantor of the obligation for the City ofMiami for its loan, and your concern is the disclosures Gates would make to its investors. Mr. Del Castillo: Well, let me put it to you this way, and again, understanding that we've only seen draft documents for another issuer. Those documents were replete with representations as to the fair market value of the properties subjected to the lease leaseback, the fact that that property generated a sufficient cash flow to pay the basic rentals due under the lease, and none City ofMiami Page 90 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 of that would be the case, sir, right, so we would have to start by strapping all of that and starting anew with whatever representations could be made in the context of this particular situation. Vice Chair Sarnoff. All right. My third -- Chair Suarez: Just a quick question on that. Vice Chair Sarnoff. Go ahead. Chair Suarez: So is the question that you're asking that -- 'cause obviously in this case, the security is our budget to (UNINTELLIGIBLE) and appropriate from our non ad valorem revenue, correct? Mr. Del Castillo: Yes, sir. Chair Suarez: Right. So I think what you're saying is in the lease leaseback is that you don't know what the equivalent -- our security's going to be for the loan. Is that what you're trying to say or --? Mr. Del Castillo: No, no. What I'm saying is that when you look at this and the particular structure that Gates, I guess because of the nature of its investors, has to propose to the City -- and, again, I think they've done in total good faith in terms of what they're able to do, but it's as I've said to a number of you before: It is really like trying to fit a square peg into a round hole in terms of how that particular financing structure that they themselves have had to propose by nature of the way that they invest would work with what the City is trying to accomplish in the context of what the CFO has said many a times should be a relatively simple loan refinancing. Chair Suarez: Okay. Mr. Del Castillo: So -- Chair Suarez: Yes. Is it okay if he answer to that or --? Vice Chair Sarnoff.. Well, (UNINTELLIGIBLE) respond, and then I just want to get to the legal documents, and then I want to get to the capital markets on certainty. Chair Suarez: Okay. Commissioner Spence -Jones: Okay. Chair Suarez: And then hopefully wrap it up. Vice Chair Sarnoff.. And then we can wrap it up. And then all my questions have been answered. Mr. White: Just for the record, we responded to an RFP (Request for Proposals) which gave specific instructions relative to collateral security. We responded with what the City was looking for to the letter. That was approved as a certified -- by the procurement officer as a certified offer. The documents we gave in good faith to move this process along 30 days ago were the best documents we had relative to they were the most recent. They involved an income producing property; all that was disclosed. We mentioned it was not relevant as to using a lease leaseback in a square peg in a square [sic] hole. As I understand it, Miami -Dade County has used lease leasebacks over the last 20 years on other assets that are non -income producing, including their own administration building and school building. So the fact that we're using a City ofMiami Page 91 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 lease leaseback, which has already been disclosed, is used in the state of Florida and it's been used just down the road on non -income producing properties, I think really skews what we're really are here to talk about and, that is, from a standpoint of disclosure, if our investors, who are big boys and use their own due diligence to make their own investment decision, don't require disclosure from the SEC or from rating agencies, that's what we were asked to state and specify in the letter, which we did. Any other due diligence that our investors make, they make internally. It's not a function of the SEC or the rating agencies. And that was the only thing we were asked to really respond to, and we did in the letter on October 16. Vice Chair Sarnoff. Well, stay up there for a second, Mr. White. What is the import -- andl don't have a better legal word for this -- of the lease leaseback when it is a nominal building with a nominal amount of dollar value with a nominal lease? Why have it at all? Mr. White: That's a great question. Andl think in the case of our structure as well as what Miami -Dade County did with the administration building, it gave the investor a collateral assignment of an asset that they could finance through. In other words, that is, instead of indenturing a bond, which I understand the City's had a lot of experience with, it's another means to an end. That lease provides the collateral with which you can make an investment, and that lease also provides terms that stipulate how you get paid back for making that investment by triple net lease payments over 18 years. We stated in that call the documents that we were showing was there in good faith to really start that process 30 days ago and that they would be substantially altered, but we also mentioned that the RFP was really going to be the governing body as to what we could put in those lease leaseback documents. If we didn't feel we could live up to the terms that were outlined in the RFP, we would have never responded to the RFP. Vice Chair Sarnoff. So let me ask this question. Because the person you'd be getting the lease from would be the CRA; the property you would be getting the lease from would be the CRA building, andl think it is parking lot, would that mean that the 10/1/213 -- 2013 payment, you would expect to see from that lease would be $2, 000, 085? Mr. White: Correct. We would -- we -- yes. Vice Chair Sarnoff. Andl -- right. And then so -- andfor the next three years, you'd want to see that 2,000,085 from that lease. Then you would escalate it to $4, 000, 200 -- Mr. White: Yes. Vice Chair Sarnoff. -- for the next 'X"years. So you would expect the CRA to enter into a lease with you -- I don't know if the word is collateralized by the building or lease payments emanating from the Omni CRA building to you in an amounts [sic] that it couldn't generate. Mr. White: I'll give you this analogy. Yes, it is collateralized by that lease. But the analogy I would give you -- and this is really simple, which I'm famous for -- is if you had a son or daughter attending college and they chose to live off campus and were signing a lease with a private developer to lease in a student housing complex and the parent was asked to be a guarantor of that lease. That is the symbiotic relationship between the CRA and the City in regards to the lease that Gates is proposing. Vice Chair Sarnoff. Andl understand the concept of the guarantor 'cause it's really, like you said, not a hard concept. But where I'm a little bit struggling is the concept that you know you're going to take a leaseback payment, which will no, way, shape, or form ever be able to meet your obligation attendant to your annual payment, and you're saying, yes, we know that but? Mr. White: Yes. Just like Miami -Dade County, Mr. Commissioner, knew that the administration building would not have revenues to cover that lease payment or schools that don't generate the City ofMiami Page 92 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 revenue for that. It's a social infrastructure asset would not -- it was still the vehicle that was used because of the nature of where the funds were coming from. It's a private investment fund that uses a lease as a collateral document, as opposed to a bond indenture. That's just the way our fund has been set up. Chair Suarez: That's what I was going to say. Mr. White: It's not better or worse. It's just different. Chair Suarez: The entity has the money. They can create a lease, which is the contract, for whatever amount of money they want, for whatever asset they want. And so the question is whether the entity has the money or doesn't have the money. In this case, the entity definitely has the money. Vice Chair Sarnoff Look, there are two entities here that have the money. I mean, the City has the money in some respects; that the CRA has the money in some respects, but -- andl don't want to use -- I don't want to get anybody in trouble 'cause I don't want to use words I shouldn't be. But it's a little bit of a legal fiction to suggest that the lease payment could make that annual payment. Okay, I would stand moot too. Mr. White: I -- we pride ourselves on being flexible, Mr. Commissioner. Vice Chair Sarnoff I got you. So let me ask a question about capital markets, Mr. Manager. A statement was made that the capital markets will be uncertain as a result of the Presidential election and then very close to Christmas. Number one, how do I know what the rate will be --? Well, I'm going to ask this question in -- I'm going to ask a five part question. How do I know what the rates will be for Gates? How do I know what the rates will be for Wells? How do I know how the capital markets will change --? Well, can I lock in a rate right now? Do I have a rate I can lock in right now or do I just free float until after the election and free float until closer to Christmas? Mr. Martinez: I'll let our expert answer that. Vice Chair Sarnoff No, I didn't think it was coming from you. Mr. Martinez: Yes, either that or Commissioner Gort. Mr. Del Castillo: Want me to try it first or you're going to try first? The -- go back through them again; I was making notes andl want to make sure -- Vice Chair Sarnoff Sure. Mr. Del Castillo: -- I got them all. Vice Chair Sarnoff That's all right. Mr. Del Castillo: I'm slow. I wouldn't want -- Vice Chair Sarnoff As I sit here right now, I don't know what the Gates rate is, correct? Mr. Del Castillo: Right. Vice Chair Sarnoff As I sit here right now, I don't know what the Wells rate is, correct? Mr. Del Castillo: Right. City ofMiami Page 93 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Vice Chair Sarnoff. Is there an indication I know what the Wells' rate range would be because of some index, right now as I sit here? Mr. Del Castillo: It's much easier to hone in on what that rate would be. We do 50 deal -- our firm alone does 50 deals in Florida a year, including very similar credits. And so as -- that's why we can look at these numbers and know you're not going to know to the basis point, but within 20 or 25 basis points what -- or even less than that typically, actually. You know your -- yeah, that's too wide. The market moves sometimes 20 or so in a day is what I was really getting to. Anyways, we can hone in on that rate very accurately. The private (UNINTELLIGIBLE) is a different construct. We do work in that space, and we would be helping you make sure the rate is as close as possible to as what it should be in the Gates proposal. Because it is a private separate transaction, the margin is much wider in where those get priced. Vice Chair Sarnoff. But how -- let's say I jumped off on the Gates' bandwagon andl went Gates. The Gates' rate could fluctuate, right, more widely than the market of you're telling me, Wells? Mr. Del Castillo: The nature of the capital sources could have resulted in it fluctuating. What was getting to is it's the -- it's like the bid -ask spread would be much wider. The standard deviation of deals that happen in the market of that nature is much wider than they are for a city or a county municipal bond. Vice Chair Sarnoff. All right. So now talk to me about the capital markets and the uncertainty. Mr. Del Castillo: Well, first, ifI could answer that with certainty, I'd be on the boat right out there somewhere. I think we all would be, with all due respect. Y'all are fun, but in all seriousness, we see what the fed is doing, we see what the fed has been doing and what the fed has promised to do. While there are -- bounces around as things happen in Greece and Italy, there are very, very few entities' economists projecting dramatic changes. Every time there's an election -- a particular Presidential election, there's a lot of discussion about how the market's going to go crazy come the third week of November. It very rarely happens. Vice Chair Sarnoff. So in the third week of 2008, what did the market do? Mr. Del Castillo: I'd have to go look at my data. Vice Chair Sarnoff. You don't know. (UNINTET,TIGIBT,F). Mr. Del Castillo: I know that I have had -- What happens in the market is this time of year is typically fairly busy, and we have -- in my 20 years, we have not seen that date, that election dramatically cause -- change the way people reacted for the last month of the year. And know Florida issuers have 2 or $3 billion queued up to go during this time period, and I'm not aware of any of them are pushing deals before the election as opposed to after. They're trying to balance on that evenly in the next six weeks, but they're not sayingl want to get done by the first week in November. Vice Chair Sarnoff. Okay. Mr. White, can I just hear from you as to -- 'cause you made the statement. I'd like for you to tell me why I should be concerned about the uncertainty and how it is I can -- I'm actually -- if I'm on a Gates -- if I'm decidedly Gates -- And by the way, I'm just using that euphemistically, guys. I haven't made a decision yet -- how do I know what your interest rate would be? Mr. White: I don't think -- to answer that question first, I don't think that there is enough historical evidence relative to the standard deviation to really say whether it's a wide or narrow spread between private equity and bonds. Bonds, you know, have been used for a much longer City ofMiami Page 94 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 period of time. So to really try to quote you some correlation, I don't think there's enough body of evidence, statistically speaking, to do that. That notwithstanding, the point I was making before the break was that we are dealing with something unprecedented. No election before has had at the tail end of the process a potential deficit cliff that will require a lame duck session of Congress to come back in and resolve, one way or the other, by either doing something or not. Either option or action is going to have an impact on the capital markets. It may be none, good, or bad. But I think that what you can state of other elections where decisions had to be made in lame duck sessions of Congress is that they all get pushed to the end of the session of Congress, which will be the end of the year. Vice Chair Sarnoff But what you're discussing is sequestering, right? You're suggest -- Mr. White: It's sequestering. It's (UNINTELLIGIBLE). It's basically the Bush tax cuts. It's all the above, which just promotes uncertainty that doesn't relate to any other Presidential election. So to your question of what happens after Presidential elections, if that in -- if that was the only thing we were faced with, I think that the ability to circle rates would have less of an import. But I think everyone realizes that no one knows what's going to happen on Capitol Hill after the election, and because of that, the markets may be in some turmoil, andl emphasize "may be." And if reducing the interest rate speculation is an objective, along with reducing the ability to potentially have some additional discovery from the SEC, you have an option, and you can look at, frankly, that $1.7 million net present value, in my opinion, on a qualitative and a quantitative basis. And if the opportunity cost is not equal to $1.7 million of those risk elements, then the bond option from a mathematical standpoint and statistical standpoint is probably a better option. If there is a potential that either one of those or both, the interest rate risk as well as the litigation risk, could exceed $1.7 million on a present value basis, then perhaps the Gates transaction has more value 'cause it has the ability to deal with both of those. Vice Chair Sarnoff Taking the qualitative analysis out of it for a moment and now it's bearing just with your quantitative analysis -- Mr. White: Yes. Vice Chair Sarnoff -- how do I know that Gates will come in with a 4.75 percent interest rate? Mr. White: Can't assure you of that. It's going to be a function of the market at the time. What I can assure you of is that if the markets improve, it's going to be less than that. If they don't, it's going to most likely go the other way, unless some other mitigating circumstance. One thing can tell you from the timeline we presented is that if you move forward, we can get to a point of circling a rate before you can with a bond. That's all we can offer is speed and flexibility. Vice Chair Sarnoff IfI asked you the same question with Wells, andl said how sure can I be that I'm going to get a 4.24 percent all -in rate, you'd tell me it may be better, it may be worse. Mr. White: I would defer to the -- Vice Chair Sarnoff No, but think you know the answer to my question. It would be about the same, right? Mr. White: In my opinion it would, yes, sir. Vice Chair Sarnoff I got to tell you that there's enough information at our fingertips to make a decision. Chair Suarez: Okay. So I just like one -- I'd like to hear one thing from the Wells representative just on the timeline, if it's okay with the body? Sir. I think it's important because, you know, City ofMiami Page 95 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 your -- obviously, your institution has, you know, well-known, it's a large institution, but think, you know, one of the concerns that I've had is that there was, at least in one briefing, one of the - - maybe not 62 but maybe one of the 35 that had, there was some debate, let's put it that way, about, you know, Wells' ability to meet the time deadline; and the CFO, to her credit, was very vociferous in her assertion that the timeline would be met. Andl think the reason why it's important is because you are the note holder, so what is concerning is if, for some reason, we're not able to meet the timeline, then we're in a very, very bad negotiating posture, number one. And then I think the other thing that your letter explains is there's a possibility that because you're the note holder, that there could be a perception that the bond can be run up, you know, in terms of the actual commission, so maybe if you can speak to those two issues only. John Generalli: Sure. Chair Suarez: Thankyou. Mr. Generalli: Be happy to. Just for the record, my name is John Generalli. I'm with Wells Fargo Securities. On the first matter on the financing calendar, we have spent a great deal of time going through a due diligence process over the last few weeks with Finance staff bond counsel, disclosure counsel, and we feel the schedule is reasonable, the one that's currently under development. We don't think there's anything, barring some unforeseen development that I could not speak to today -- we've been going through this for now three weeks, I think, and our due diligence process advanced quite far. We're on the third term of the documents. The process has been what I'll call orderly and a process that's very familiar, given other bond transactions that we've worked on on the past. On the matter of the G-17 disclosure letter that we submitted to the City -- andl take counsel of others in the legal team of the professionals hired by the City that could comment on this as well. The G-17 letter -- G-17 is a reference to a municipal securities rulemaking board requirement, and it's a disclosure requirement that was put in place that requires us to make disclosures of any nature that could be perceived to be conflicts. And Wells Fargo's a national organization that has a multitude of business operations, and so we are obliged to identf anything that could be a perceived conflict in the prosecution of the task of being an underwriter in a bond issue. So to the extent that we're providing trustee services, we provide insurance services. We serve as the bank for -- the depository for the City. All of those represent items of disclosure that we feel compelled to make. We made them in this context because of the MSRB (Municipal Securities Rulemaking Board) requirement that we notnj, the City in the advance of a bond transaction. We made the notice, frankly, prior to us -- I think it was mentioned earlier. We have not been, as you noted, Mr. Chair, hired by the City, but we felt out of an abundance of caution, we should put forth the letter as early in the process as possible. Chair Suarez: Thankyou, sir. Mr. Generalli: Sure. Chair Suarez: And I think it's important for us to hear it from you because at the end of the day, you're the one that's going to be, you know, if you're chosen, taking us across the finish line. I think there's been, you know, concern, you know, and particularly in my case because I know in one of my briefings there was a mention that, you know, the timeline would be problematic. And, you know, with the conflict letter, which does show some potential conflicts, then -- you know, I just want to make sure that we're not -- you know, I want a representative of the bank to say what, you know, you're saying. Mr. Generalli: Okay. Chair Suarez: So thank you. City ofMiami Page 96 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Mr. Generalli: Sure. Vice Chair Sarnoff. Before you leave -- Chair Suarez: Mr. Vice Chair. Vice Chair Sarnoff. Yes. In front of me is Exhibit A, your timeline. I want you to say unqualifiably [sic] to this Commission that you can meet that timeline. Mr. Generalli: This schedule is perfectly reasonable, and we feel that this is -- As I said before, the only qualifier I'm offering is that we're still going through a due diligence process and, you know, developments could occur, but we think there's nothing unreasonable about this scheduling. And we are comfortable that moving forward with this, we can successfully close the bond financing in early December. Vice Chair Sarnoff. Okay. Just hand that to the City Clerk then. Chair Suarez: Enter it into the record. Commissioner Carollo: And Mr. Chairman, once -- Chair Suarez: Yes, please. Commissioner Carollo: I have one more question, if possible? Chair Suarez: Go ahead. Commissioner Carollo: Andl asked our finance team and they answered in the positive, but they also said that you or Wells Fargo had answered, so I just want to make sure and be, you know, clear. Do you foresee any problem with us being able to obtain the 45 or 40-whatever million dollars through the bond offering? Mr. Generalli: No. At this time we didn't see anything that would give us concern. Commissioner Carollo: Thank you. Mr. Generalli: Sure. Chair Suarez: Okay. Commissioner Spence -Jones, I think we're ready to vote, or would you like to make your final recommendations? Take us across the goal line. Vice Chair Sarnoff. I know, right. You know, I candidly could see anybody -- I could see both sides of the story very well. And as much as you want to criticize the Administration, myself, or how this process evolved, you have two viable options in front of you, two options in the 4-plus percent range as represented that are good options. The end of the day, I do not believe the Omni has any potential or would be paying off a loan early, so I'm a little bit decided that $4.4 million of taxpayer money is 4.4 million of taxpayer money. Calculating the liability associated with this -- I don't know. It's a very difficult task to do. I spoke to three lawyers; I got three very different answers, one who's like there's no chance; one to, are you crazy? Andl think it's a personal. I think it's about a makeup of who you are. I think Gates has been great. I think they've been great about dealing with us. I think the dual track was a great idea because it gave us options. I wanted to give this Commission options. I wanted you all briefed at every exquisite moment -- I know you didn't want to get into the day in/day out she said this, they said that. You didn't want to live what lived through. You're right -- and by the way, I counted; it was 66 meetings. City ofMiami Page 97 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Chair Suarez: Wow. Vice Chair Sarnoff. And you don't want to live through -- right -- you didn't want to live through that. But I think Commissioner Carollo's motion is probably the right way to go. The end of the day, I think there is a risk involved, but I think it's a manageable risk. I think the City Attorney has done, you know -- Julie andl are a lot alike on litigation issues. She's done a great job litigating. She's done a great job dealing with the SEC. We may differ on deal making, but neither one of us, interestingly enough, is our expertise. Julie's background is a litigation attorney. My background is litigation. So the funny thing is when it comes to litigation, we tend to agree. When it comes to non -- our nonexpertise issues, we tend to disagree, which just tells us it's two amateurs just arguing over an issue. So I'm going to support Commissioner Carollo's motion. I think we hire experts. I think you have to take the experts -- I -- you've done exactly what I would have done, Mr. Chair, which is I want to doubt you, I want to put you through the coals, I want to put you through the process, but think predominantly, our experts have stood up to the cross-examination by this Commission, andl think they have withstood reasonable questions. And, yes, could something happen that we won't make this deadline? I guess it could. But I got to tell you, in place is a plan that the citizen taxpayers will pay 4 percent plus to get into and that -- I would -- I'd like to refinance my mortgage to that number. Chair Suarez: Okay. Vice Chair Sarnoff. So I will be supporting it. Chair Suarez: Okay. So I guess from my perspective, you know, I was looking for some guidance from you in that. You know, obviously, you put in a lot more time and energy and effort into this. I tried to put as much time and energy as I could. I think part of it is I am a transactional lawyer, so for me it's a little bit of a different perspective. Andl think the other thing that, I guess, bothered me throughout this process is, one, you know, this is the last quarter that we have to do it, and should we in the future really put ourselves in this situation. I think that was one major -- you know, and to the extent that this is not a -- necessarily a terrible deal or anything like that -- hopefully, nothing bad occurs. Could we have gotten a better deal if we had more time? You know, so that -- just -- it's a rhetorical question. Vice Chair Sarnoff. And just so you know, my -- Chair Suarez: It's a rhetorical question. Vice Chair Sarnoff. -- when we started in January, my instruction to Pieter was have this teed up and ready for September. Chair Suarez: Right. And, you know -- andl would even say that, you know, in the future when we have two years to do something, you know, we should start even before the year of. You know, we should maybe start looking at it even sooner. So that was, you know, one of the issues. The other issue is as this process was engaged and as I -- as you mentioned, as I scrutinized it, there were times when I did not get answers that thought were straight answers or got an answer one day and it was a different answer the next day or was a different answer the third day; got documents late in the process that were significant documents that could influence a decision, and so that just made my frustration mount. And at the time that my frustration was mounting on the one end, my confidence was being diminished on the other end. So, you know, I have a lot offaith in you and your leadership, and I have a lot offaith in this Commission acting as a backstop and acting together, and we've acted together on a lot of difficult situations so. Any further discussions? All in favor, signify by saying "aye." The Commission (Collectively): Aye. City ofMiami Page 98 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 RE.10 12-01144 City Manager's Office Chair Suarez: Passes unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE OF AN ANNUAL GRANT FROM THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, IN AN AMOUNT EQUAL TO THE PRINCIPAL AND INTEREST DUE ANNUALLY ON BONDS/DEBT OBLIGATIONS TO BE ISSUED BY THE CITY OF MIAMI TO FUND ITS PORT TUNNEL DEBT OBLIGATION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE INTERLOCAL AND GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 12-01144 Summary Form.pdf 12-01144 Interlocal Agrmt. - #15933.pdf 12-01144 Interlocal Cooperation Agrmt.- #12019.pdf 12-01144 Legislation.pdf 12-01144 Exhibit SUB.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0410 Chair Suarez: Next is -- Commissioner Carollo: (UNINTELLIGIBLE) continue with RE.10. If we go to RE (Resolution) Chair Suarez: Yeah. Let's just keep -- let's just go through that, yeah. Commissioner Carollo: Yeah. 'Cause if not, then I will have to go -- Chair Suarez: Yeah, yeah, let's flow through -- Commissioner Carollo: -- meet with our CIP (Capital Improvement Projects) director. Chair Suarez: -- that. RE.10. Do you want to just put a brief statement on the record, just a brief statement on RE.10, which is the grant agreement? Okay, we have to go to Omni first? Unidentified Speaker: (INAUDIBT,F). Chair Suarez: Okay, so -- Can we do RE.11 or --? Veronica Xiques (Assistant City Attorney): Commissioner, you can conditionally accept RE.10 - Chair Suarez: Okay. Let's do -- City ofMiami Page 99 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Ms. Xiques: -- based on the Omni CRA's (Community Redevelopment Agency) action. Chair Suarez: Okay. Is there a motion? Vice Chair Sarnoff. So moved. Chair Suarez: Moved by -- Commissioner Spence -Jones: Second. Commissioner Carollo: Second. Chair Suarez: -- the Vice Chair, second by Commissioner Carollo. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Ms. Xiques: Commissioner, excuse me. The document that's in your package has actually been tweaked a little bit. I clarified some points. I put in a definition section. I didn't add language. I didn't change the terms. The changes -- the modifications were not substantial. It's just I want you to be aware that the document that's actually in your Omni CRA package is the final. Vice Chair Sarnoff. So RE.11 you're talking about or you're --? Commissioner Carollo: RE.10. Vice Chair Sarnoff. RE.10. Ms. Xiques: RE.10, correct. Vice Chair Sarnoff. So RE.10, the maker understood it to be a modified motion, and the seconder accepted that? Chair Suarez: I wasn't the maker so -- Vice Chair Sarnoff. I was the maker. I just want to make sure the seconder's with -- Chair Suarez: Who was the seconder? Was it -- oh, it was Commissioner Carollo. Commissioner Carollo: I was. I usually would like to see the document before 'cause, you know Chair Suarez: Heartburn. Commissioner Carollo: -- andl don't have to tell you this. The legal terms, one word could change, you know, but -- Chair Suarez: Forget about a word; a punctuation mark. Commissioner Carollo: So, I mean, the last thingl want to hear is the document you have has been changed and -- Chair Suarez: You want to go to Omni and -- Mr. Director, do you want to go to Omni first? Is that what you want to do? City ofMiami Page 100 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Pieter Bockweg (Executive Director, Omni CRA): That was one of the reasons why I wanted to do Omni first 'cause that has the updated information, which I know I briefed most of you on -- Vice Chair Sarnoff. Let's go -- Mr. Bockweg: -- and advised you. Vice Chair Sarnoff. -- into recess -- we'll unrecess [sic] Omni -- Chair Suarez: Yeah. I think we could use a break after this anyways. Commissioner Carollo: Let's do that. Vice Chair Sarnoff. Yeah. Chair Suarez: Okay, it's 5: 06. Vice Chair Sarnoff. And then -- Chair Suarez: We're not going to -- this is not going to be a short meeting -- Vice Chair Sarnoff. No. Chair Suarez: -- so let's accept our fate, okay. Let's come back at 5: 30, give ourselves 23 minutes. Vice Chair Sarnoff. Thankyou. Chair Suarez: But 5: 30 sharp, guys, okay? Commissioner Carollo: Thankyou. [Later...] Chair Suarez: All right. If we haven't had enough fun already. [Later...] Chair Suarez: Okay. We have a lot of work to do, huh? RE.10. Okay, let's do RE.10. Is there a motion? RE.10, is there a motion, acceptance of the grant? Vice Chair Sarnoff. Oh, I'm sorry. Yes, sir, motion. Chair Suarez: There's a motion. Is there a second? Do we want to accept the grant from the Omni CRA to pay the bond that we -- Commissioner Spence -Jones: So moved. Chair Suarez: -- just issued? There's a second. All in favor, signin, by saying "aye." The Commission (Collectively): Aye. Ms. Xiques: Commissioners, again, I just want to state that the document has been slightly modified. The corrected final version -- City ofMiami Page 101 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 RE.11 12-01160 Office of Management and Budget RE.12 12-00201 Office of the City Attorney Chair Suarez: As modified. Ms. Xiques: -- is in the Omni CRA agenda. Chair Suarez: As modified and as stated in the Omni package. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING APPROPRIATIONS RELATING TO THE DEBT SERVICE FUND FOR FISCAL YEAR 2012-13 AS ADOPTED ON SEPTEMBER 27, 2012, FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2013. 12-01160 Summary Form.pdf 12-01160 Legislation.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0411 Chair Suarez: RE.11, is there a motion? That's the appropriations -- Commissioner Gort: Move it. Chair Suarez: -- for the debt service fund. It's been moved. Is there a second? Commissioner Spence -Jones: Second. Chair Suarez: There's a second by Commissioner Spence -Jones. All in favor, signifi, by saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS CANCELING AND TERMINATING THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND OLYMPIA BUILDING PARTNERSHIP, LTD., INCLUDING TERMINATION AND CANCELLATION OF THE SUBLEASE WITH OLYMPIA RESIDENTIAL BUILDING PARTNERS, LTD., TRANSFERRING POSSESSION OF THE COMMERCIAL AND RESIDENTIAL PROPERTY TO THE CITY OF MIAMI, ASSIGNING ALL EXISTING COMMERCIAL AND RESIDENTIAL TENANT LEASES TO THE CITY OF MIAMI, RELEASING OLYMPIA BUILDING PARTNERSHIP, LTD., OF ALL COVENANTS, CONDITIONS, AND OBLIGATIONS ARISING UNDER THE LEASE, SATISFYING LEASEHOLD MORTGAGES, AND ACCEPTING THE TRANSFER OF TENANT SECURITY DEPOSIT FUNDS FROM OLYMPIA BUILDING PARTNERSHIP, LTD., IN SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE OLYMPIA BUILDING PARTNERSHIP, LTD., IN THE CASE OF CITY OF MIAMI VS. OLYMPIA City ofMiami Page 102 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 RE.13 12-00363 RE.14 12-01154 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 Gort, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MANAGEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR A FIFTEEN (15) YEAR INITIAL TERM, WITH UP TO THREE (3) FIFTEEN (15) YEAR TERM OPTIONS TO RENEW, WITH OLYMPIA CENTER, INC., A FLORIDA 501(c)(3) NOT -FOR -PROFIT ORGANIZATION FOR THE ADMINISTRATION, OPERATION AND MANAGEMENT OF THE 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 Gort, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION City ofMiami Page 103 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 District2- A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE Commissioner Marc TEMPORARY EVENT LIMITATION PER YEAR, FOR PRIVATE PROPERTY, David Sarnoff PURSUANT TO SECTION 62-521(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW THE PROPERTY AT 2805 SOUTHWEST 32ND AVENUE MIAMI, FLORIDA (THE BOYS AND GIRLS CLUB OF MIAMI-DADE), TO HOST A TEMPORARY EVENT CONSISTING OF THE SALE OF FIREWORKS BEGINNING DECEMBER 26, 2012 AND ENDING DECEMBER 31, 2012. 12-01154 Legislation.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0417 Chair Suarez: Okay, we already did 9, 10, and 11. Commissioner Gort: Seven was -- Chair Suarez: Fourteen -- Commissioner Spence -Jones: Nine, ten, eleven, fourteen. Wow, we all over the agenda, right. Fourteen. Chair Suarez: -- it's a temporary -- Commissioner Spence -Jones: Well, 15. Chair Suarez: -- event. Commissioner Spence -Jones: RE.15. Chair Suarez: Commissioner. Vice Chair Sarnoff. RE.14 is me, yes. So move. Commissioner Spence -Jones: (UNINTELLIGIBLE) RE.14, do we --? Commissioner Carollo: Second. Chair Suarez: Moved and seconded. All in favor, signify by saying "aye." The Commission (Collectively): Aye. RE.15 RESOLUTION 12-01153 District2- A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY Commissioner Marc MANAGER TO TAKE ALL NECESSARY STEPS TO ASSIST MIAMI-DADE David Sarnoff COUNTY, IN CONVERTING NORTHWEST 34TH STREET FROM NORTHWEST 1ST AVENUE TO NORTH MIAMI AVENUE, MIAMI, FLORIDA, FROM A ONE-WAY, EASTBOUND -ONLY STREET TO A TWO-WAY STREET; AUTHORIZING AND DIRECTING THE CITY MANAGER OR City ofMiami Page 104 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 DESIGNEE TO TAKE ALL STEPS NECESSARY TO EFFECTUATE SUCH CHANGE, AS STATED HEREIN. 12-01153 Legislation.pdf Motion by Vice Chair Sarnoff, 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-12-0418 Chair Suarez: RE.15. Commissioner Spence -Jones: Is Commissioner -- Commissioner Gort: RE.14 is the Boys Club. Commissioner Spence -Jones: Yeah. Vice Chair Sarnoff. What is this? Julie O. Bru (City Attorney): Mr. Chair. Commissioner Carollo: (UNINTELLIGIBLE). Ms. Bru: On this matter, you do need so have a public hearing. So just make sure you open it up to the public. Chair Suarez: On RE.15? Ms. Bru: Yes. Chair Suarez: Okay. Commissioner Carollo: And Mr. Chair. Chair Suarez: Thank you. Yes. Commissioner Carollo: By the way, I kind of want to -- andl know it's showing Commissioner Sarnoff as the sponsor, butl want to hear from the Administration what's the normal process? And I'll tell you why. One of the few projects that actually took place after two years in the district was converting a one-way to a two-way, and we didn't go through the City Commission. Vice Chair Sarnoff. Right. Commissioner Carollo: So -- Vice Chair Sarnoff. There's another way of doing it. Commissioner Carollo: Right. So I kind of want to know what are the different ways or why is this one going through Commission meeting and the other one that I went through did not and what -- actually, what's the proper protocol? Chair Suarez: Yeah. Nzeribe Ihekwaba: Good evening. Zerry Ihekwaba, Public Works director. The conversion or City ofMiami Page 105 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 reconfiguration of traffic along city streets or county roads rests clearly and exclusively with the Miami -Dade County Public Works Department. Commissioner Carollo: Okay. Mr. Ihekwaba: They have a dual process. It's either you have the residents abutting the area of concern vote for this conversion to take place or, in lieu of that citizen's vote, the City Commission of the municipality can pass a resolution authorizing the process to move forward. The County has already looked into this request and made a determination that in order to facilitate this conversion, that it's either we take a vote to the residents, but they have to do it themselves, not the City. However, they don't have the budget as of now to proceed forward So they give us an option, in writing, for the City Commission to pass a resolution authorizing it, which is a procedure that is clearly stated in their procedures manual, and I think Law Department was able to advise to that fact. Commissioner Carollo: And -- Vice Chair Sarnoff. Go ahead. Commissioner Carollo: -- I just want to be clear. The two ways is either have a vote of the neighbors -- Mr. Ihekwaba: Yes. Commissioner Carollo: -- or City Commission -- Mr. Ihekwaba: The Commission pass it as a resolution. Commissioner Carollo: -- passing a resolution -- Mr. Ihekwaba: Yes. Commissioner Carollo: -- asking the County to actually -- Mr. Ihekwaba: Move forward. Commissioner Carollo: -- move forward Mr. Ihekwaba: Yes. Commissioner Carollo: In this case, what you're saying is that the -- it takes some type of money to do that type of vote between the neighbors? Therefore -- Mr. Ihekwaba: Yes, because you need to print the bylaws, you have to send it out, you have to receive the bylaws and -- They told us clearly they do not have the wherewithal to carry it forward. Commissioner Carollo: How technical is this vote? I mean -- Mr. Ihekwaba: I don't know. We don't do it ourselves. It's usually done by the County. Commissioner Gort: And they'll charge us for it. Commissioner Carollo: Okay. I'll -- City ofMiami Page 106 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Mr. Ihekwaba: Okay. In all cases, Commissioner, so you know, like I explained to the City, the area Commissioner can also elect which option to proceed. Commissioner Carollo: I'm going to want, you know, to do a follow-up meeting with you -- Mr. Ihekwaba: Sure. Commissioner Carollo: -- to discuss it a little bit more. I'm going to support the area Commissioner on this, but again, I just -- we go back to the process. You know, one of the few projects that actually -- and it did take two years, but it actually did get done, was converting a one-way to a two-way, and we didn't go through this. So like I said, I'll support the district Commissioner, but at the same time, I will, you know, respectfully request a follow-up meeting -- Mr.Ihekwaba: Sure. Commissioner Carollo: -- so we could discuss it further andl could get, you know, greater knowledge in this and see what the process is because I'm just -- you know, it just seems there's different process and I don't know if -- I'll leave it at that. Chair Suarez: Commissioner Gort. Commissioner Spence -Jones: Is this Midtown? Chair Suarez: Yeah. It's close to it. Commissioner Spence -Jones: I was trying to figure out, what is this? This is Midtown. Commissioner Gort: Midtown. Chair Suarez: Okay. Vice Chair Sarnoff Yeah. Commissioner Spence -Jones: So it's my district and yours, right? Vice Chair Sarnoff It's close. It's close. Commissioner Spence -Jones: Are you on the opposite side? Vice Chair Sarnoff Sony? Commissioner Spence -Jones: Are you on the opposite side? Vice Chair Sarnoff This is -- it's in mine, but it's -- Commissioner Spence -Jones: It must be all yours. Vice Chair Sarnoff -- right by the -- it's right by the Midtown section. And just so you know, I spoke with Francisco Garcia to see if he supports this; he does. I spoke with Public Works, if they support it; they do. The request came from a restaurant, Georges. I think you guys know it. It was in the Grove. It's now in South Miami. I think he's going to sell George's in South Miami. Hope I didn't disclose anything but -- and he's going to open up a George's in Midtown. Commissioner Spence -Jones: Oh, okay. City ofMiami Page 107 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Vice Chair Sarnoff. And apparently to get traffic flow in the most optimum way, he needs a two-way. I'm not a traffic expert, so I asked Zerry, Can you support this? I asked Planning could they support it. They both said yes. I brought it to the Commission. I've also known this provision could happen. As a matter of fact, when I was a young Commissioner, when I was putting traffic circles in, I could have used this to put traffic circles where I wanted. If you don't know this, you want to put a traffic -- I guess you guys do, but if you don't know -- Commissioner Spence -Jones: No, please tell me 'cause I've been trying to get a traffic circle for seven years. Commissioner Gort: Yeah, we all (UNINTELLIGIBLE). Commissioner Spence -Jones: So (UNINTELLIGIBLE). Commissioner Gort: (UNINTELLIGIBLE). Vice Chair Sarnoff. You could just vote one in -- Commissioner Spence -Jones: Tell me the magic secret. Commissioner Gort: Same here. Yes. Vice Chair Sarnoff. In other words, a traffic circle requires four owners to come up and say yes. Chair Suarez: Right. Commissioner Spence -Jones: Wow. Vice Chair Sarnoff. A lot of times doesn't happen. Commissioner Gort: Well, I was -- Vice Chair Sarnoff. Whole lot of different reasons. You could bring it to Commission; you get a resolution from the City Commission and you no longer have to have the four -- the concurrency of those owners. Commissioner Spence -Jones: Seriously. Commissioner Gort: Wait a minute. I've been told -- Commissioner Carollo: County accepts your -- Commissioner Gort: -- that the County has to do a traffic study, and after the County does a traffic study, if they don't find there's enough traffic within that area, they will say no. Vice Chair Sarnoff. I'm talk -- Commissioner Gort: So I'd like to know that because I have couple of streets that wanted to do it andl didn't want to do it with a real expensive one. I just want to do that -- whatever you call them, road guard or whatever -- Chair Suarez: Right. Vice Chair Sarnoff. Commissioner, the County has in the past year pretty much allowed the City to put traffic circles where it wants, as it wants, subject to a covenant. And this -- if you choose City ofMiami Page 108 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 not to go the route of getting all the people to sign up, you can bring a resolution in front of the City Commission, they will accept that resolution as the dictate of the City ofMiami. Commissioner Spence -Jones: Well, I am so glad you brought this because I had a million and one residents that have -- Vice Chair Sarnoff.. I hope I didn't get anybody in trouble. Commissioner Spence -Jones: -- been asking -- sorry for bringing up this can of worms -- Mr. Ihekwaba: May I comment? Commissioner Spence -Jones: -- but -- I mean, I've asked even for roads -- prior to you getting here, Zerry -- where we've had accidents, where there have been issues where kids have to walk the street -- you know, cross the street, and they're speeding down the streets, and we could keep getting denied by the County. So I'm definitely going to make sure we put a list of where we're having those issues, which I know you know some of them. Is there something you want to add to that? Mr. Ihekwaba: May I sound a note of warning -- Commissioner Spence -Jones: Yes. Mr. Ihekwaba: -- with all due respect? That we don't proceed to start installing traffic circles regardless of the position of the County because of liability issues. Just like we're doing with District 5 for the conversion of a street from two-way to one-way, it is prudent that we have a follow-up meeting first with the County to rub minds and have a proper reevaluation of their findings before we move forward. Let us not sit as a City and start instructing the County that these are the locations, regardless of your technical determination, that we must install traffic circles. Commissioner Spence -Jones: Zerry, we're not saying we're going to get out of -- we're not going to -- Mr. Ihekwaba: Thank you. Commissioner Spence -Jones: -- go out of control, but clearly, in some of these areas, I know -- I have one traffic circle in my whole entire district, you know, so I'm not going to go out of control with it, but I do know that there are some key areas that we definitely need to have traffic circles. And the conversion issue in Buena Vista, which we've been going through this -- fighting back and forth with the County on that -- so to hear that we really didn't have to go through that process, and you got neighbors over there saying -- more than four or five neighbors in those neighborhoods -- in that area that would be willing to -- Mr. Ihekwaba: IfI may comment again. In Buena Vista homeowner association area, the County rejected the request from the City -- Commissioner Spence -Jones: Right. Mr. Ihekwaba: -- for the conversion. Commissioner Spence -Jones: But that's 'cause -- Mr. Ihekwaba: However -- City ofMiami Page 109 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Spence -Jones: That's because we asked them. Mr. Ihekwaba: -- that's the process. Commissioner Spence -Jones: Commissioner Sar -- right. But what Commissioner Sarnoff is saying, we don't necessarily have to ask them. Vice Chair Sarnoff. No, no. Mr. Ihekwaba: We -- Vice Chair Sarnoff. You do have to. Mr. Ihekwaba: With all due respect, we need to go to the County first. Vice Chair Sarnoff. Right. Mr. Ihekwaba: Because according to the County Charter, they have exclusive jurisdiction on traffic. Chair Suarez: That's what we're -- Mr. Ihekwaba: Yeah. Chair Suarez: Right. Mr. Ihekwaba: So we need to go to them first. In Buena Vista area, they rejected the request, and we appealed their determination successfully, and they reversed themselves. Commissioner Spence -Jones: Okay. Commissioner Gort: Okay. Commissioner Carollo: And Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: That's why I wanted to have this discussion, andl asked someone from the Administration to come up because at the very least, it appears like we have other options that at least this Commissioner and it appears like some other Commissioners did not know of. Chair Suarez: Right. Commissioner Carollo: So that's why I wanted someone from the Administration to come and address this because, like I said, it appears like there are other options and -- you know, I know I've been turned down by the County and I've had the residents' support -- Commissioner Spence -Jones: Yeah. Commissioner Carollo: -- you know so. Commissioner Gort: Mr. Chair. Chair Suarez: Yes. City ofMiami Page 110 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Carollo: Again, I'll be supportive of this. However, I still want to maintain that follow-up meeting with you. Mr. Ihekwaba: Yes. Chair Suarez: Commissioner Gort. Commissioner Carollo: Thank you. Commissioner Gort: Commissioner Carollo, in your meeting for -- (UNINTELLIGIBLE), I'd like to recommend, if you look at -- it's in your district, so it's up to you, if you look at it -- Southwest 1st Avenue, between 8th Street to 7th Street, you have a two-way street from 8 to 7 and then it goes into one-way street from 7 to 6. Andl go through there quite a bit. If we could make that a two-way street, I'm sure the -- it'll be -- make it a lot easier for the traffic right next to the Publix and right next to the park, Jose Marti Park. So will you look into it, please? Commissioner Carollo: We already are. Commissioner Gort: Okay, thank you. Commissioner Spence -Jones: So we have a motion and a second on it? Commissioner Gort: Yes. Chair Suarez: We have a mover and a seconder? Commissioner Gort: Yes. Chair Suarez: No. We need a motion. Commissioner Gort: No? Vice Chair Sarnoff. So moved. Commissioner Gort: Move it. Chair Suarez: And a second. All in favor, signift by saying "aye." The Commission (Collectively): Aye. RE.16 RESOLUTION 12-01151 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Administration CITY MANAGER TO ACCEPT PARTICIPANT COST ALLOCATIONS ("GRANT AWARD") FROM THE SOUTH FLORIDA WORKFORCE INVESTMENT BOARD, IN AN AMOUNT NOT TO EXCEED $853,705, FOR TRAINING ACTIVITIES (INDIVIDUAL TRAINING ACCOUNTS, ON-THE-JOB TRAINING AND PAID -WORK- EXPERIENCE), IN AN AMOUNT NOT TO EXCEED $120,406, FOR TRANSPORTATION, AND IN AN AMOUNT NOT TO EXCEED $16,801, FOR SUPPORT SERVICES, FOR A TOTAL GRANT AWARD IN AN AMOUNT NOT TO EXCEED $990,912; ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "ONE STOP WORKFORCE CAREER CENTER AT LINDSEY HOPKINS PARTICIPANTS COSTS 2012-2013", TO FUND ON-THE-JOB TRAINING AND PAID WORK EXPERIENCE FOR City ofMiami Page 111 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 ELIGIBLE PARTICIPANTS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL THE NECESSARY DOCUMENTS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO IMPLEMENT THE GRANT AWARD FOR SAID PURPOSES, FOR THE PERIOD COMMENCING JULY 1, 2012 THROUGH JUNE 30, 2013, WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL SIMILAR PERIOD AT THE SAME NOT -TO -EXCEED AMOUNTS UNDER THE SAME TERMS AND CONDITIONS. 12-01151 Summary Form.pdf 12-01151 Letter - South Florida Work Force.pdf 12-01151 Email - Contract Language for ITA - PWE & OJT (20%).pdf 12-01151 Pre-Legislation.pdf 12-01151 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, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-12-0419 Chair Suarez: RE.16. Lillian Blondet (Interim Director): Good evening. Lillian Blondet, Office of Grants Administration. RE.16 is a resolution related to the South Florida Workforce Center. This is relating to the training and the money for the participants. They give us money for training and different programs through the center at Lindsay Hopkins. Some of it is to do the individual training accounts, which is what -- when we assess someone and say we're -- you're going to go to school, there's monies for that. There's also training -- Commissioner Spence -Jones: So moved. Chair Suarez: It's been moved. Is there a second? Commissioner Gort: Second. Discussion. Chair Suarez: Second. Go ahead, Commissioner Gort, and then Commissioner Carollo. Commissioner Gort: My understanding, we were allocated 740 or $50, 000 last year's allocation. Am I correct? Ms. Blondet: And it was in a lump -sum, yes. Commissioner Gort: And we were not able to use it? Ms. Blondet: No. Commissioner Gort: Okay. Now this year we have been allocated "X" amount of money and we're supposed to been open about a month ago, and understand we're not going to be open for a while yet. Ms. Blondet: Yes. They allocated more money, and there is a certain guidelines of how much money we have to use for the training and for the -- on -the job -training. So there's certain guidelines and minimums we have to use, and that's one of the reasons why I'm bringing this to Commission. The other one, as you stated, the center, we went through the electrical inspection City ofMiami Page 112 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 and it did not pass. The electrical plans, our contractor installed everything as it was approved. And when the inspector went there, they found that the load installed was higher than what was in the plans so it didn't pass inspection. South Florida Workforce was the one that contracted the architect and the electrical engineer for the plans, so they called them back and they revised the plans. They already did that. I understand they're in the School Board being reviewed again. Yesterday evening I got the contractfrom -- for additional funding to complete the construction because it's going to be more money. There's some electrical work that has to be done to accommodate the computers that were installed there. The City Attorney already reviewed the contract and we're hoping we can bring that to Commission or maybe just talk to them to see how we can expedite the work. Commissioner Gort: Not only expedite, but it was not our fault, and our revenues are being used as somebody's mistake. Andl think those professionals, they all have insurance andl think we should be reimbursed for that 'cause I want to use as much money as possible to train the people. Ms. Blondet: Yes. They will be paying for the additional construction work. They're going to give us money for that. Commissioner Gort: Okay. Ms. Blondet: In the meanwhile also, (UNINTELLIGIBLE) the staff -- we have hired staff and they're working on programs and projects. One of them was Mr. Townsend's project. We have been working with them because we want to see if we can also get some experience in that field and have some database and train local workforce in the film industry. So we're working on that, and we're also going to the centers to start reviewing the 450 files that we're going to get assigned. So the staff is working on that. They're working on the grant, not as comfortable and not receiving as many clients as we had the door open, but we're working on it. Commissioner Gort: But you had funding for on -the job training. Ms. Blondet: Yes. This is the funding that I'm bringing -- Commissioner Gort: Okay. Ms. Blondet: -- in front of you today. Commissioner Spence -Jones: And l just want to be clear because I think it's really important, Lillian, for you to put on the record how proactive you guys -- you were. You know, when you saw the center was not opening, you immediately reached out to what other One Stops? Ms. Blondet: Yeah, we went to other -- we went to South Florida Workforce and we say we have people here that are trained and can work. What do we need to do? So we proposed that, you know, let them go to the centers so they can shadow people or work over there. They gave us an out -- we gave them an outline and they approve part of it or, you know, a lot of it so we can go to the center, start reviewing files already. And as I said, we're working with certain companies, including Mr. Townsend, to start placing people and finding and doing -- developing relationships because at the end, we still have to place people, not as comfortable or open to get everybody into the center as we would like, but we're -- I'm trying and my staff is really trying to get the center open as soon as possible. Commissioner Gort: At this time you have a web site where individuals can sign in through the web site or --? Ms. Blondet: For the film -- City ofMiami Page 113 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Gort: No, for any of the profession. Commissioner Spence -Jones: One Stop. Ms. Blondet: For the One Stop -- Commissioner Gort: For One Stop. Ms. Blondet: -- no, we don't have the web site. No. We have -- what we have is access to the South Florida Workforce systems so we can look there and look for people who are unemployed, or we can put job orders in the systems and start placing people, if necessary. Commissioner Spence -Jones: I think what he's asking is for -- that it may be important to create the City of Miami's own web site that -- Ms. Blondet: Okay. Commissioner Spence -Jones: -- people could come directly to our site instead of having to go to South Florida Workforce and then be -- Ms. Blondet: Okay, we'll -- Commissioner Spence -Jones: -- referred to -- Ms. Blondet: -- look into that. Commissioner Spence -Jones: So it still could be linked to south Florida Workforce. Andl thought we had a site. I thought we had -- it's not a Miami Work site or the Willy Porro site? Ms. Blondet: Well, that's Miami -- the Access and the Miami Works. Commissioner Spence -Jones: Yeah. I think you talked -- Ms. Blondet: So it's a little bit -- Commissioner Spence -Jones: (UNINTELLIGIBLE). Commissioner Gort: I have people want to register. Ms. Blondet: Okay. Commissioner Gort: I have been talking about this now for a year, and they're still waiting for the facility so they can go and be trained or whatever is needed. Ms. Blondet: Okay, we'll look into, you know, maybe having some -- a web page or something for the center. Commissioner Gort: Thank you. Chair Suarez: RE (Resolution) -- Commissioner Carollo: Mr. Chairman, I think we have to -- Ms. Blondet: Commissioner -- City ofMiami Page 114 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Carollo: -- I think we still have to vote, yeah. Chair Suarez: Did we vote on that one? Commissioner Carollo: Yes. Chair Suarez: Okay. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Commissioner Carollo: But I do want to say one thing. It's just something that I've said from the very beginning that we started with everything with South Florida Workforce. I just want to make sure that, you know, the expenses are allowable; that, you know, we meet the requirements. I know there's stringent requirements so -- You know, when I first became a Commissioner, every -- I forgot if it's monthly or quarterly -- the Administration is supposed to come to us and let us know any unallowable costs that we have to pay back with general fund monies, and did not have a good time. I mean, I really, you know, was very upset with all the, you know, amounts of money that we had to pay back from grants. We actually have built pretty good record that that has -- that doesn't happen anymore, except in the last Commission meeting. Mr. Petty came back and said, Hey, in the last quarter we had an unallowable -- yeah, reimbursable -- Chair Suarez: Grant. Commissioner Carollo: -- unallowable costs. So I just want to, again, caution that, you know, we meet the requirements and we don't get into trouble. Ms. Blondet: Thankyou. Commissioner Carollo: Thankyou. Commissioner Gort: Very important. RE.17 RESOLUTION 12-01152 District2- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner Marc ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN David Sarnoff AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, AMONG THE CITY OF MIAMI ("CITY"), THE MIAMI SPORTS AND EXHIBITION AUTHORITY AND THE FRIENDS OF MIAMI MARINE STADIUM, INC., A 501(C) 3 NON-PROFIT CORPORATION, TO PROVIDE FOR A THREE (3) MONTH EXTENSION OF TIME IN ORDER FOR THE STEERING COMMITTEE TO PRESENT TO THE CITY COMMISSION A VIABLE OPERATING PLAN FOR THE MIAMI MARINE STADIUM AND THE CITY COMMISSION'S APPROVAL AND CONFIRMATION OF THE INITIAL EVALUATION AREA, AS STATED IN THE MEMORANDUM OF UNDERSTANDING. 12-01152 Legislation.pdf 12-01152 Exhibit 1.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 City ofMiami Page 115 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 R-12-0420 Chair Suarez: RE.17, the district Commissioner is not here. Oh, there we go. RE.17. Commissioner Carollo: Did we vote on RE.16? Chair Suarez: Did we vote on RE.16? Yes. Okay. RE -- Commissioner Carollo: That's right. That's right. Chair Suarez: -- 17. Vice Chair Sarnoff. Yes, Mr. Chair. Chair Suarez: Yes. Vice Chair Sarnoff. This is -- I want to thank Commissioner Gort for all the work he's given me, putting me on this board to look at the Marine Stadium. It's done a lot of work. We met quite frequently. But we need a little bit more time than I think might have put this time frame on us. Commissioner Spence -Jones: I thinkl was a part of that. Vice Chair Sarnoff. Yeah. I -- Commissioner Carollo: Move it. Chair Suarez: It's been moved. Vice Chair Sarnoff. It's just three months. Thanks. Chair Suarez: Second. Is there a second? Commissioner Gort: Second Commissioner Spence -Jones: Second. Chair Suarez: All in favor, signift by saying "aye." The Commission (Collectively): Aye. RE.18 RESOLUTION 12-00794 District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A Commissioner LABOR MANAGEMENT COUNCIL ("COUNCIL") TO FOSTER EMPLOYEE Wifredo (Willy) Gort SATISFACTION AND TO PROVIDE A METHOD TO AVOID ISSUES WHICH LEAD TO FORMAL GRIEVANCES; DIRECTING THAT THE COUNCIL BE COMPRISED OF ONE CITY COMMISSIONER, THE DIRECTOR OF HUMAN RESOURCES, THE CITY MANAGER, AND ONE REPRESENTATIVE FROM EACH OF THE FOUR UNIONS AND INCLUDE SUBCOMMITTEES COMPRISED OF EACH DEPARTMENT DIRECTOR AND EMPLOYEES; AND FURTHER DIRECTING THAT THE COUNCIL CONSIDER IMPLEMENTATION OF ALL RECOMMENDATIONS FROM THE DEPARTMENTAL SUBCOMMITTEES. 12-00794 Legislation - SUB.pdf City ofMiami Page 116 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0421 Chair Suarez: RE.18. Commissioner Spence -Jones: Gort. Commissioner Carollo: Commissioner Gort. Chair Suarez: Establishing Labor Management Council, sir. Commissioner Spence -Jones: What is that? Commissioner Gort: Okay. This is something that we've been discussing quite a while, andl think you all received copy of the federal guidelines to create this. At one time we used to have this a long time ago. And what it takes place is you had the compensation of the members of this committee, which is members of the union and members of the Administrations [sic], and mainly to sit down on a monthly basis or as needed and go over the different plans and work that we can do, how we can improve the relationship among ourselves and the employees. And this is -- we used to have it and it worked real good. Let me tell you, at one time we would go up to the rating agency and even the unions would go with us because they understood that we're working as a team, and this is what I'm trying to do with this resolution. And -- Commissioner Spence -Jones: So moved Chair Suarez: It's moved. Is there a second? Commissioner Carollo: Second. Chair Suarez: Second by Commissioner Carollo. Commissioner Gort: -- it's -- Commissioner Carollo: Mr. -- Commissioner Gort: I'd like to amend it also to create -- to have a Commissioner to be member of it. Andl would like to be the first one, if you all don't mind? Commissioner Spence -Jones: So you're going to do it? Commissioner Gort: Yes. Chair Suarez: Is that -- can we incorporate that into the motion, all into one motion? Julie O. Bru (City Attorney): So you'd be voting on this resolution as amended, and the amendment would be to include a Commissioner serving on this council. Chair Suarez: And to name Commissioner Gort. Ms. Bru: And Commissioner Gort. Commissioner Spence -Jones: I officially appoint Commissioner Gort. City ofMiami Page 117 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Chair Suarez: Been moved and seconded. The mover and the seconder agree with the amendment. All in favor, signift by saying "aye." The Commission (Collectively): Aye. RE.19 RESOLUTION 12-01165 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVENUE SHARING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE MIAMI CHILDREN'S MUSEUM, INC. IN CONJUNCTION WITH THE INSTALLATION AND OPERATION OF OUTDOOR ADVERTISING SIGNS AT THE MIAMI CHILDREN'S MUSEUM, LOCATED ON WATSON ISLAND AT 980 MACARTHUR CAUSEWAY, MIAMI, FLORIDA. 12-01165 Summary Form.pdf 12-01165 Interlocal Agrmt. - #12141.pdf 12-01165 Sublease Agrmt.- #12142.pdf 12-01165 Legislation.pdf 12-001165 Exhibit.1 pdf 12-01165 Submittal- Barbara K. Bisno.pdf 12-01165 Letter to Mayor from Barbara K. Bisno Esq..pdf Motion by Vice Chair Sarnoff, 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-12-0408 Chair Suarez: Okay. I think said the volunteer executive director. What I meant was volunteer chairman of the board, Mr. Berkowitz, had requested that his item be taken out of order. RE. 19. Jeff Berkowitz: Thank you for attempting to promote me. My name is Jeff Berkowitz. I'm the chairman of the Miami Children's Museum, with offices at 2665 South Bayshore Drive, directly across the street. In May -- on May 24, almost five months ago, we appeared before this Commission, which passed an ordinance permitting electronic media on the Children's Museum. We heard you very loud and clear at that point in time. The museum has been a -- I think a faithful partner to the City. We recognize the fiscal needs of the City. We have worked out with the Administration what we consider to be an equitable, if not generous revenue sharing program, whatever revenues we are fortunate to generate as a result of this electronic signage. We have agreed to share a very generous percentage of that -- of the gross with the City of Miami. And so we are back here requesting that you approve that agreement so that we can get started, as the museum is in critical need of the funds that ultimately will be generated from the signage. We're available for questioning. Our counsel, Greenberg Traurig, is available for any questions you may have. Chair Suarez: Thankyou, Mr. Berkowitz. Mr. Berkowitz: Thankyou. Chair Suarez: Mr. Torre. Henry Torre: Good morning. Henry Torre, director of Public Facilities. RE. 19 is a resolution authorizing the City Manager to execute a revenue sharing agreement with the Miami Children's City ofMiami Page 118 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Museum, Inc. in conjunction with the installation of outdoor advertising signs at Miami Children's Museum, located at -- on Watson Island at 980 McArthur Causeway. Chair Suarez: Thank you. Is there anyone from this Commission that wants to make a motion or has any questions or comments? Commissioner Spence -Jones: I have some questions. Chair Suarez: Yes. Commissioner Spence -Jones: Not really questions, just comments. But don't know if there -- is -- are we opening --? Is this open to the public or not? Chair Suarez: No. This is an RE (Resolution) item. It's a resolution. Commissioner Spence -Jones: Oh, okay. I didn't think so. Chair Suarez: I think there was a request by Ms. Bisno to make some comments on the record. We'll limit you to two minutes, Ms. Bisno, as you requested. Commissioner Spence -Jones: Shouldl make my comments after or before? Chair Suarez: Whatever you prefer. If you want, we can make your comments before and then - Commissioner Spence -Jones: I'll listen to what Barbara has to say first. Chair Suarez: Go ahead, Ms. Bisno. Give us your comments, please. Two minutes. Barbara Bisno: Thank you, Commissioner Suarez, for allowing me to make some comments. And good morning to all the Commissioners. It's been a while since I've seen you and appreciate the opportunity to speak. Thank you, City Manager, for withdrawing the sign regulations. Sir, thank you. My comments are brief. I would request that you defer this item at the minimum or vote no because the following reasons, and you've got them in front of you so I'll go fast. This only adds to the proliferation of LED (Light Emitting Diode) signs throughout our community. They're illegal under the County code, andl think Peter has handed out the County attorney's opinion that you asked for, that Commissioner Sarnoff asked for at one point, which indicates that these are. We've received the City Attorney's opinion that there -- that the Miami Exhibition & Sports Authority does not have to consent because they can make contracts with vendors. Of course that -- vendors that are within the general purview of the museum. This is obviously beyond that and consent is required and it's not been obtained. Of course, you know, the museum does whatever it wants. It has a charter school there that's never been consented to by the authority as well. It -- and it takes up a lot of the museum property. All of these signs or these signs violate Article VI of your zoning code, which was adopted in April 2012. There's not supposed to be any signs east of I-95. There are not supposed to be -- your own ordinance says that they're going to be mechanical signs, and the Article VI says there's no mechanical devices allowed. Is that two minutes already? You got my comments. I hope that you will think about -- Vice Chair Sarnoff. Ms. Bisno -- Ms. Bisno: -- this and not do it. Vice Chair Sarnoff. -- you handed me something, and I'm sure you handed the other Commissioners, and it says there's an Exhibit B attached and that is supposedly the opinion of the County attorney. I do not have Exhibit B or I do not have a -- City ofMiami Page 119 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Ms. Bisno: Me? I handed in something that says there's an exhibit? Vice Chair Sarnoff. I assume Peter Ehrlich is with you. Ms. Bisno: Oh, I'm sorry. I didn't think -- I didn't see -- I didn't know I'd put anything in mine that said there was an exhibit. Vice Chair Sarnoff. I just assumed what Peter handed was for you. Sorry. Ms. Bisno: That's okay. Well, I did -- he did -- I don't know. I'm confused. Anyway, I thought Peter was giving you the letter that the -- referencing the letter from the County attorney, which says this is illegal. Vice Chair Sarnoff. Yeah. I just want you to know what I received was an unsigned document, starting on page 3, that -- Commissioner Spence -Jones: I don't have it. Vice Chair Sarnoff. -- seems disjointed, so he's now -- Ms. Bisno: Is that what I turned in? Vice Chair Sarnoff. -- provided me the full -- Ms. Bisno: Oh, I see. He handed out a letter that I wrote that includes the reference to the County attorney. I thought we were giving you the County attorney's opinion, and my apologies. That's been made available to you several times andl can do it again, the whole opinion. Vice Chair Sarnoff. No. I know as an attorney how important it is for you to give this Commission what you say you're giving them. Ms. Bisno: Right. I didn't -- I thought we had an understanding of what I was giving, andl apologize. Thank you -- Vice Chair Sarnoff. That's okay. Ms. Bisno: -- for the clarification. Chair Suarez: Thankyou. Ms. Bisno: Are there any other questions? Chair Suarez: Thankyou, Ms. Bisno. Ms. Bisno: Thank you, Chairman. Chair Suarez: Is there any comments, questions? Commissioner Spence -Jones: Sure. I'm sure other -- Does anybody else have any questions or comments on this? Well, let me just mention -- first of all, I want to thank -- Where's Alice and Henry? And the Administration for -- I know I was probably one of the thorns in the side on this issue. And for me, it was always about making sure that the City got more revenue, so I do want to acknowledge that we were able to make those things happen based upon what we talked about on the dais. I just want the public that's watching it -- you know, based upon what we requested City ofMiami Page 120 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 in the last meeting on this. Can you at least put that on the record that -- the substantial changes or the changes that were made to accommodate more revenue coming into the City? Mr. Torre: Sure. What we had originally discussed was a net amount. Commissioner Gort: Who are you? Mr. Torre: I'm Henry Torre, again, director of Public Facilities. The original deal included a net amount, which was exclusions for commissions, which I think were 16 percent. Here, what we were able to negotiate was a 20 percent of gross revenue, not net revenue -- Commissioner Spence -Jones: Okay. Mr. Torre: -- which is a big difference. Commissioner Spence -Jones: Okay. Andl know I said between 20 and 25 percent, but am comfortable with the fact that we were able to at least get to the 20 percent. Berkowitz -- Mr. Berkowitz as well. I want to also thank you as well for -- I know it was a rough start with us -- or at least with me. I can't speak for anybody else -- on the dais. Andl know that you worked with the City Administration over and over and over again to try to come up with something that everybody could be happy with. So I think that we are generating how much more now? Mr. Torre: We are anticipating to generate anywhere from $400, 000 a year to $600, 000 a year. What's included in the revenue sharing plan as an example is if it only reaches $2 million -- Commissioner Spence -Jones: Okay. Mr. Torre: -- in receipts. Commissioner Spence -Jones: All right. Andl think one of the issues -- I know in our briefings a concern we had was this whole issue of MSEA (Miami Sports & Exhibition Authority) being in this agreement. So we're taking that out. You were going to put that on the record -- Mr. Torre: Yes. Commissioner Spence -Jones: -- correct? Mr. Torre: We are -- Commissioner Spence -Jones: Deleting the MSEA -- Mr. Torre: We -- yes. MSEA is no longer required -- or is not required to be a party of this agreement, so they are being removed. Julie O. Bru (City Attorney): Right. Commissioner Spence -Jones: Okay. Ms. Bru: Actually, that was a scrivener's error. Inadvertently, there was reference made to MSEA in the revenue sharing agreement. Commissioner Spence -Jones: Because that was part of Barbara's comment today -- Ms. Bru: Right, so we need to delete reference to MSEA from the revenue sharing agreement. City ofMiami Page 121 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Spence -Jones: So those are my issues. I just wanted to make sure we -- the City got a little bit more money out of it, andl wanted to make sure thatMSEA was not becoming a conduit in any kind of way. And from that point, I'm fine with where we are now. Chair Suarez: Thankyou. Is there a motion or any --? Vice Chair Sarnoff. So moved. Commissioner Gort: Second. Chair Suarez: Moved by the Vice Chair, second by Commissioner Spence -- Commissioner Carollo: Mr. Chairman. Chair Suarez: -- Commissioner Gort. Commissioner Carollo, you're recognized. Commissioner Carollo: Oh. Chair Suarez: Yeah, you're recognized, sir. Commissioner Carollo: I thought you said Commissioner Gort. Thank you. Chair Suarez: No, no. Commissioner Carollo: Thankyou, Mr. Chairman. First of all, I just want to clam. This resolution is approving or disapproving of the revenue sharing. It is not approving the sign. Mr. Torre: Correct. Commissioner Carollo: That was done -- that was already done in the last meeting. So this is just approving the revenue sharing. Mr. Torre: Correct. Commissioner Carollo: Okay. I wanted to make clarity on that. And the second thing -- andl guess it's more of a comment. You know, I think at the last Commission meeting or at the Commission meeting where we heard regarding the signage there at the Miami Children's Museum, we had a lengthy conversation with regards to the revenue sharing. I think it was, you know, stated that we wanted more revenues for the City. And taking none -- nothing away from the Miami Children's Museum -- I know it's a great organization and you do a lot of good work. And in all fairness, I think that's what the Administration has done. Even though I think would have maybe negotiated a little bit more aggressive and instead of saying that generous, I would say reasonable. The bottom line is, you know, I appreciate, Mr. Berkowitz, that you saw that there was an interest by this Commission to obtain more revenue and, you know, I'm sure it was a healthy and spiritual -- or spirited negotiations. Commissioner Spence -Jones: I'm sure it's spiritual. Chair Suarez: Spiritual too. Commissioner Spence -Jones: You used the right word. Commissioner Carollo: You think so? Chair Suarez: We'll take spiritual. City ofMiami Page 122 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Carollo: I was going to say spirited, but -- Chair Suarez: I think spiritual works. Commissioner Carollo: -- you know, but I appreciate -- Mr. Berkowitz: I was 6 foot 7 when I started these negotiations. Commissioner Carollo: But the bottom line is that I think everyone at least has reached a compromise that, you know, like I said, I wouldn't say generous, but I would say reasonable. So you know, I will be supporting this, although, again, I would have been a little bit more aggressive andl would have liked to see the City actually receive more revenues. Thankyou. Vice Chair Sarnoff. Mr. Chair. Chair Suarez: Yes. Vice Chair Sarnoff. I just want to make a comment because, you know, oftentimes, when people hand us documents and they're not complete documents, I'm often curious why isn't the complete document handed to us. And if you remember at the last time we discussed this, I brought up the American Airlines Arena and I brought up the fact that the American Airlines Arena is a County facility, everyone knows that, and that is probably -- in my opinion, it's the most visible spot in all the City ofMiami. And as we all know, they have a electronic sign which sells things that do not exist within the American Airlines Arena. And then I'm handed the County attorney's opinion andl'm handed the full opinion, andl'm reading it andl'm -- andl -- look, lawyers take different positions. You'll probably hear me today take a different position than our City Attorney today because that's who we are as people. We think we interpret things. But lawyers are entitled to come up with their own conclusions. They're simply not allowed to have their own facts. So the County attorney opines that it's not appropriate to have this electronic sign at the American Airlines Arena and then turns around and, I guess, reprimands the City ofMiami for permitting it. Well, we don't permit the electronic sign at the American Airlines Arena. And the County attorney is not entitled to her own or his own facts. They permitted the sign at the American Airlines Arena, so their entire argument and their entire position on their -- on this particular aspect of the County's sign ordinance is factually incorrect. And that's why I thought it was important that we look at the entire opinion, which I think is wrong and erroneous, but you know, Julie Bru can say it's wrong or erroneous. It doesn't matter. Lawyers -- all that matters is what the judge says. And then after that, all that matters is what the appellate court says. But I thought it was worth bringing this up, Mr. Chair. I know you want to move this meeting along, but if you just read the full aspect of the April 23, 2012 letter, which attaches the April 17, 2012 memorandum to the Commissioner Barbara Jordan. And if you just simply then read that they say the City has permitted the County -- I'm sorry, the City has permitted the signage on the American Airlines Arena. Well, as you would say, that's a fact. That's not a conclusion. It's either a fact we did or we did not. And then she goes on to say, the County should take the appropriate action to take down the sign. Well, of course they're not taking that action because they want that sign. So it is truly ingenuine and really deceptive to come up with the County attorney's opinion when, one, it is factually wrong, and two, a commission larger than ours and a mayor who is a strong mayor, can take whatever action he chooses to at any time, to take any action they choose to take at any time, and they, in their own good faith, I suspect, beliefs, have determined that that is a legal sign. So just to the folks who brought this to us, please give us full documents from now on. And number two, understand that simply because a lawyer says something isn't true doesn't make it the law and doesn't make it the way it is. The Commission makes the law, and then, of course, it's subject to challenge in court. Thank you, Mr. Chair. Chair Suarez: Thankyou, Mr. Vice Chair. And you know, I just wanted to be fair and allow the City ofMiami Page 123 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 BC.1 12-01175 other side to make its presentation, you know, on the item, and it is a resolution that doesn't require a public hearing, but wanted to, you know, give them some time to state their concerns on the record for -- you know, for our consideration. So it's been moved and seconded. I also want to thank Mr. Berkowitz and, you know, his negotiating abilities and his generosity and the Children's Museum's partnership with the City so that it is a significant amount of money for the City ofMiami and it's something that we will, I promise you, put it to good use. So -- and it's very needed, by the way. So it's been moved and seconded. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Chair Suarez: It passes unanimously. END OF RESOLUTIONS BOARDS AND COMMITTEES RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PLANNING, ZONING AND APPEALS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Maria Lievano-Cruz Commissioner Frank Carollo 12-01175 PZAB CCMemo.pdf 12-01175 PZAB_Current_Board_Members.pdf 12-01175 PZAB Applications.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-12-0422 A motion was made by Commissioner Carollo, seconded by Commissioner Spence -Jones, and was passed unanimously, to appoint Maria Lievano-Cruz as a member of the Planning, Zoning and Appeals Board; further waiving the employment restrictions per Sec 62-16(e)(3) by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to Maria Lievano-Cruz. Chair Suarez: BC.1 is a P&Z (Planning & Zoning) [sic] -- I think it's Commissioner Carollo's P&Z [sic] board member appointee. Commissioner Carollo: Yes. IfI could name -- and I'm going to need a four fifth 'cause she's a County employee -- Maria Lievano-Cruz? Commissioner Spence -Jones: So -- second. Commissioner Gort: Move it. Chair Suarez: Moved and seconded. Moved by Commissioner Carollo, seconded by City ofMiami Page 124 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Spence -Jones. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously -- Commissioner Carollo: Thankyou. Chair Suarez: -- five -nothing. END OF BOARDS AND COMMITTEES BUDGET BI.1 BUDGET DISCUSSION ITEM 12-01090 Office of Management STATUS (SEC.18-542(b) CITY CODE) andBudget I. 2012-2013 BUDGET II. PROPOSED 2013-2014 BUDGET 12-01090 Summary Form.pdf DISCUSSED Chair Suarez: B1.1 [sic], status of the budget. There you go. You poor guy. Man, you had to wait here all night for this one. Leon Michel (Assistant Director, Strategic Planning, Budgeting & Performance): Yes. You can feel that Commissioner (UNINTELLIGIBLE) -- Chair Suarez: Bless you. Commissioner Spence -Jones: Danny's on vacation? Mr. Michel: Leon Michel, assistant director, Office ofManagement andBudget. We are currently working with the Finance Department on the year-end closing, and the soft close is scheduled for November 2. And at this time the preliminary number will become available and will be communicated to you. And for this current fiscal year, we continue to monitor revenues and expenditure, and we will provide you with the actual number for the first quarter -- I mean, October, November, and December. And we will provide you with the projection for January and February, because we don't have enough data print to provide projection for October, November, and December at this time. However, in February we will provide January projection to you. And we got till next year budget -- we will keep the same schedule as last year; meaning, we will meet with the City departments, with the Manager, and of course, you will have a proposed budget by -- a proposed budget book by July. Because we thought that the process that we used last year was very successful, so we want to continue to present you a budget book by July. Chair Suarez: Thankyou. Is there any questions from any member of the Commission? Thank you, sir. Thank you for your presentation. Mr. Michel: Thankyou. END OF BUDGET DISCUSSION ITEMS City ofMiami Page 125 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 DI.1 12-00962 City Commission DISCUSSION ITEM SELECTION OF TOP FIVE (5) CANDIDATES - CITY CLERK 12-00962 Cover Page.pdf 12-00962 Job Bulletin - City Clerk.pdf 12-00962 City Clerk Recruitment Summary.pdf 12-00962 Betancur, Daryl - Application Detail.pdf 12-00962 Bradrick, Diana - Application Detail.pdf 12-00962 Danie, Dwight S. - Application Detail.pdf 12-00962 Hannon, Todd B. - Application Detail.pdf 12-00962 Latimore, Pamela V. - Application Detail.pdf 12-00962 Nieves, Queenester - Application Detail.pdf 12-00962 Santamaria, Erika - Application Detail.pdf 12-00962 Shedd, Sheila P. - Application Detail.pdf 12-00962 Eisenberg, Alan P. - Application Detail.pdf 12-00962 Olson, James N. - Application Detail.pdf 12-00962 Marsie-Hazen, Judith E. - Application Detail.pdf 12-00962 Min, Barnaby - Application Detail.pdf 12-00962 Philippe, Paulette - Application Detail.pdf DISCUSSED Chair Suarez: DI -- or D -- I think it's DI.1, which is selection of the top five candidates for City Clerk. Commissioner Spence -Jones: Mr. Chairman, I want to ask you something. I thought that -- maybe I just missed it -- what we were going to do is we're going to take the five -- the top five according to the list we have in the A band. Chair Suarez: Is there more than five? Commissioner Carollo: I'm sorry. What are the top five? Chair Suarez: I think there may be more than five -- Commissioner Carollo: Because I think there's about eight. Chair Suarez: -- in the A band. That's the problem. Commissioner Spence -Jones: Huh? Commissioner Carollo: There's about eight in the A band. Chair Suarez: Eight in the A band, yeah. Commissioner Spence -Jones: Oh, okay. Chair Suarez: Can I make a proposal, and if you -- just for debate, if you guys want to do it. We did -- in the auditor general, we did three. It was easier to evaluate three. I think one fair way of doing it -- and if you guys want to do it this way or we can do it another way, I have no -- I'm not bound by this at all. But we have two that are in the A band that are current employees of the City and one that was a former employee of the City. That's -- you know, that's three. So I City ofMiami Page 126 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 don't know if you feel comfortable confining it to those three -- Commissioner Gort: Yes. Chair Suarez: -- and then we can interview those three. And we can do the same thing, the same exact ballot process that we did for the auditor general. And if you want, I can name the three people, if it makes you --? Commissioner Gort: Move it. Commissioner Spence -Jones: I'm cool with that. Chair Suarez: You guys okay with that? Commissioner Gort: Yes. Chair Suarez: All right. So it'll be three coming back to us. We'll interview the three. The three are Dwight Danie, Todd Hannon, and think Pamela Latimore. Commissioner Carollo: Latimore. Chair Suarez: So they were current and former employees of the City and -- Commissioner Spence -Jones: They know the system. Chair Suarez: -- promoting -from within type of deal, and we all know them because we've all worked with them. So they're all very competent and capable people. So we'll interview them, we'll score them, we'll rank them, and then we'll hopefully select. Commissioner Spence -Jones: Okay. I just would want to also -- I know that Todd was not here. I'm sure you guys all got the letter from Todd as well. I just want to make sure that we keep him and his family in prayers [sic] as well, 'cause I'm sure you guys got the letter from Todd in reference to his mother. Chair Suarez: Yeah. Commissioner Spence -Jones: One of the reasons why he declined taking this so -- but I know that he's very interested, but beyond that, you know, I'm just asking that you guys keep him and his mother in prayer. Chair Suarez: Of course. Okay, so that's what we'll bring back -- we'll bring it back in the November meeting? Dwight Danie (City Clerk): Okay. Commissioner Spence -Jones: Yes. Chair Suarez: Okay, thank you. Commissioner Spence -Jones: We did HUD (Department of Housing and Urban Development). Chair Suarez: Congratulations to those that were in the top -- that are in the top three. DI.2 DISCUSSION ITEM 12-01091 City ofMiami Page 127 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Department of Community and Economic Development DISCUSSION REGARDING HUD PROGRAMS AND REGULATIONS. 12-01091 Summary Form.pdf 12-01091 HUD Presentation.pdf DISCUSSED Chair Suarez: Okay, we have a time certain item at 10 o'clock for the Department of Housing and Urban Development. We're a little bit behind and we apologize. Is any member of the Department of Housing and Urban Development here? Oh, there you are. If you can come forward, please. Ma'am, if you could just place your name and address on the record. Maria Ortiz: Sure will. Chair Suarez: Thank you. Ms. Ortiz: Maria Ortiz. I'm the community planning and development director for the Miami field office. Good morning, honorable Commission and honorable Mayor. It's a pleasure being here. We have gone through various requests from various jurisdictions that are entitlement communities, as we know them in our community planning and development. And this is our fourth Commission presentation in Miami. It's not done usually because of the sunshine laws, but we've made arrangements to make this work. Our intention is to give you a brief presentation of what in particular the CDBG (Community Development Block Grant) program is, and then I'll give you a couple of minutes for any questions you may have. We decided to do this paper, although we usually do paperless, so bear with us around here 'cause we didn't want to take too much of your time in setting up a computer. Right now with me today is the rep -- the HUD (Department of Housing and Urban Development) representative that handles the City of Miami, Ms. LaVora Bussey. She's the day-to-day person that George Mensah works for. And her program manager, Ms. (UNINTELLIGIBLE) Lisa Bustamante. Okay, as you probably know, the main objective of the CDBG program is to develop viable urban communities, principally for low -mod persons, through decent affordable housing, suitable living environments, and expanded economic opportunities. The CDBG money flows through HUD to the City, and the City has the option to manage projects on its own or to trickle that down to sub -recipients, to contractors, or to developers, or to what we know as CBDOs (Community Based Development Organizations), which are community based organizations; or directly, on the other side, to the beneficiaries through different activities as public service. I have focused my presentation to you today -- because I don't want to overwhelm you with 30 years of CDBG regulations. I've designed it for you to keep in mind six questions that you would -- should always ask yourself when a CDBG project or budget comes forward to you. One is, Who will manage and who's going to implement the activities? Is it outlined in an approved action plan or con (consolidated) plan, which are -- is our basis of operation. Is the activity an eligible or ineligible activity for our programs? Does it meet a national objective? And bear with me; we'll talk about that in a few minutes. Will it help provide or meet the low -moderate income targeting requirements? And will it comply with all the other federal regulations that will apply? A lot in a nutshell, but that's what those six questions are going to be addressing today. First one is, Who will manage and implement the activities? These are your options: Your staff other units of the government, other City departments, a sub -recipient, a community based development organizations that you've designated as so, a community development finance institution, a contractor. Public and private nonprofit organizations, agencies receiving CDBG funds from grantees for eligible activities may be for profits, nonprofits, higher education. What is not a sub -recipient? I've learned in my career in the federal government, you always go to the nos. Whatever is a no, you don't touch. And anything else is probably possible. That's the way I learned it from my attorneys. CBDOs are not automatically recipients of funds. Procured contractors and developers are not sub -recipients. Beneficiaries of assistance are not City ofMiami Page 128 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 sub -recipients. Owners of rental housing are not sub -recipients. CBDOs -- I'll take a minute because this is an opportunity that nobody in South Florida takes opportunities of. CBDO regulation is at 572.04, and it allows revitalizing communities, economic development, and energy conservation. All activities they undertake must fall in one of these areas. The benefit is that some of the regulations that are nos are only allowed for this type of organization, okay. Contractors -- different from a CDBO or any sub -recipient. A contractor must be procured. There's no way around that. A sub -recipient, you may do internal RFPing (Request for Proposal), but we don't require procurement. For a contractor, you must. It's mandated. The use of the activity must be discreet, defined, beginning and end, and for a specific project. It can't be a loophole for a contractor to get operating costs. Second question: Is it outlined in a consolidated plan/action plan? Every year, you go through the budget of approval of an action plan before it's submitted to HUD. The con plan has the following areas: the lead agency description, the City, housing and homeless needs, housing market analysis, strategic plan, and your one-year plan. What are the basis of us disapproving a plan? If the citizen participation is not done correctly, that's a requirement that is a violation. Every project that you approve, every project that's going to take place must go through citizen participation. And there's only a few reasons why we disapprove. That would be one. And it must be submitted to the field office 45 days before it comes into effect. If it's less than 45 days, we've got a problem. We'll make you go back and go to the drawing board. So the program is very flexible, but it does have a specific deadline that must be met. Amendments are allowed. It goes through the same process of an original one. You have a project, it doesn't make sense, you go back to the drawing board, and you go through all the process again. Then we have the annual performance reporting, which is a document that you guys see again and it's sent to our office. That has to match or be similar to what's proposed in the action plan. It's the beginning and the end. Next, is the activity eligible or ineligible? And you know, again, CDBG is one of the most flexible tools that the federal government has. Now, it gives you housing, real property activities, economic development, public facilities, improvements, public service, planning and admin and so forth. Again, let's go to the nos. The nos are any construction or building for conduct of government, political activities. New housing is not allowed under CDBG. For that we have the HOME (Home Investment Partnership Program) program. Income payments -- we cannot make payments directly to any recipient of our funds. Purchase of equipment and operating and maintenance expenses. Let's go through housing a minute. Under housing, we have home ownership rehab, home purchase, and rental housing. Then we have public facilities, interim assistance, public service, and other activities. Under public facilities, you know them; streets, sidewalks, water, sewer, parks, playgrounds, recreational facilities, homeless shelters, group homes. Ineligible public facilities activities. Any activity that sounds like maintenance is not allowable. Operating costs. We're not here to substitute a -- an entity's operating funding. And obviously, City Hall -- we can't do construction on City Hall. Public service. Public service, we have a cap of 15 percent. The range of activities are wide, are -- the variety depends on the jurisdiction. We have employment, job training, crime prevention, child care, health, and it also includes housing counseling, fair housing counseling, energy conversation, home buyer down payment assistance, services for the homeless, education, welfare, services for senior, and recreational services. CDBG funds may pay for labor, supplies, and materials. It may pay for operating and maintenance of facility when the service occurs. If we have a service and they need operating services to maintain, that particular activity, you can par that together. Vice Chair Sarnoff Wait, wait, wait. Go back. Say that again. Ms. Ortiz: You have a public service. Let's say you have a senior center, right. Vice Chair Sarnoff Right. Ms. Ortiz: As servicing those senior centers, there may be a component in the budget to pay for the operating costs that are associated directly with the service you're providing. Let's see you're -- let's say you're doing Meals on Wheels, okay, and you've got the operating expenses, City ofMiami Page 129 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 such as paying for the gas. Those are directly associated with the services you're rendering versus paying for the rent of where the senior center is or is not. Does that make sense? Vice Chair Sarnoff. Yeah. It's interpretative. How about the tires for the car that goes on the car that'll transport the food? What point --? Ms. Ortiz: Okay. Let's use that scenario. If you're providing -- if the service you're providing is transportation for seniors, any maintenance of the vehicle that's strictly used for that purpose can be assisted as operating cost. That has to be directly linked to the service that's being provided. Commissioner Carollo: And ifI may, Mr. Chair. Chair Suarez: Yes. Commissioner Carollo: Do you have to do some type of cost allocation? 'Cause let's say you don't use the -- that vehicle 100 percent for the seniors. So then you have to do some type of cost allocation and how much detail would you have to be providing? Ms. Ortiz: That's up to the City. I believe -- and George may probably be able to concur with me. The City does have a cost allocation plan. Commissioner Carollo: And by the way, I ask that because it is something that I've spoken with Mr. Mensah in the past with regards to transportation and obtaining, you know, vehicles and so forth. So it's something that has come up. Ms. Ortiz: Right. I know that. That's why I'm being as specific as I can in terms of the situations that I know you've been working with. The important thing -- let's say you have a bus that is being used by our program and three other programs. Just make sure that there's an analysis of the time in use. If it's one-third, there's a backup document that determines the reasonableness of those costs, okay? Okay, now public service has a trick that actually we have not been very strict in verifying, but the time will come. We all know that times have changed, and it's regarding the services. Public service says in the law that it has to be a new service or an increment of the service that was provided before. Meaning, if we do a transportation, we cannot continue subsidizing the same thing year after year with no additional services being provided. And that's very difficult, but very simple at the same time. Let's do the transportation again. If we were serving one trip a day, it may be an increment to two trips a day. It may have been 10 seniors versus now we have 20 seniors, okay. There has to be a proven increment in the services we supply. Why? Because CDBG is not the main purpose of providing that type of service. There's other agencies that have that mandate in their bylaws. So we're trying to support an additional effort to increment the services that are already handled through other funding sources. Commissioner Carollo: Mr. Chairman -- Chair Suarez: Yes. Commissioner Carollo: -- ifI may. I just want clarity. So in other words, let's say we're using 100 for transportation for this year. What you're saying, for next CDBG year, in order to use that 100 again, we would have to provide something extra, correct? Ms. Ortiz: There's supposed to be an increment in the services provided or additional service. Commissioner Carollo: In order to use that 100 again? City ofMiami Page 130 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Ms. Ortiz: Right. Commissioner Carollo: And it'll be more likely that we'll use 101 since we're now increasing services, correct? Ms. Ortiz: Technically, that would be an increment, yes. Commissioner Carollo: Thankyou. Ms. Ortiz: Okay, any income payment is not allowable, meaning you cannot give a senior money to pay for his transportation. Commissioner Carollo: I'm sorry. Before we -- Chair Suarez: Yeah, go ahead. Commissioner Carollo: -- go into this other -- And let me ask you something that's a little bit more pragmatic. Let's say cutting -- funding has been cut. So let's say now we can't provide 100. Now we go down to 80. How do we now justify that, you know, we're providing -- Ms. Ortiz: Yeah. Commissioner Carollo: You understand? It's the reverse -- Ms. Ortiz: Yeah. Commissioner Carollo: -- of what you're saying, which is actually more realistic because we're seeing so much cuts in funding so -- Ms. Ortiz: I agree. That's one of the reasons why we haven't gone through an auditing process of reviewing the public service because we know that across the cycles there's been either a reduction of the original funding or a shift in terms of how the cities proportion their money of public service. We know that some jurisdictions have so many priorities that sometimes they shift the public service to public facilities. So that breaks the cycle, is what I'm trying to say. I would say that just be mindful that a pro rata is done. Let's say that, like it happened this year, you got a reduction in CDBG. So if you were serving 100 and now you only have 50 percent of the original funding you're going to make sure that the pro rata would be 50 percent plus 1. Commissioner Carollo: Fifty-one. Ms. Ortiz: Okay, so in the overall -- you would have an increment based on the funding allocation. Commissioner Carollo: And the one who keeps track of this is our Community Development Department? Ms. Ortiz: Yes. Commissioner Carollo: Thankyou. Commissioner Gort: So with less funding, you provide the same service, you're already doing the increments? Ms. Ortiz: If you say you're going to serve 100 with less funding, definitely that would satisfy that requirement, yes, because you're going over what you originally were expected to do. Okay, City ofMiami Page 131 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 in terms of income payments, we have the restriction that we can't pay the individual directly. We can't give a person money to pay the rent. We can't give person -- a person the money to pay for the bus ticket. But there's exceptions to every rule. One is emergency grant payments. Commissioner Carollo: You can or cannot? Ms. Ortiz: You cannot. It's not allowable. It's not -- this program is not a stipend to individuals. It's not made to be like that. But there are situations such as emergencies. We have a person, they're behind on a particular, let's say, light bill. You may say that because their light's going to be cut off it's a one time, okay. And that can happen, but the emergency has to be evidenced in the file. It can never exceed in that file more than three months. And that means, if you do it today and you do it in four months and you do it at the end of the year, for the life of that individual, you're done, okay? Payments made directly to a provider. We -- that's usually what is the notion of how we're supposed to operate. Okay, let's talk about the cap because I know everybody has gone in South Florida through the struggles with the cap. There is a 15 percent cap on public service. You cannot go beyond that, and it's based on expenditure, not on budget allocated. So the quicker the money gets out, the quicker the money is used, the quicker the drawdown occurs. If it happens during the year cycle, it's clean. The problem is, when we start programs late and they go over a program year, that stops -- that makes a difference on the 15 percent because we cut off -- we have a cutoff date. Any -- and we take the cumulative amount of draws and we apply the 15 percent, okay? So if we have two years of draws occurring in one physical [sic] year, that can put a strain on the 15 percent. So it's important -- I know you've changed your cycle to start April 1. It's important that the money gets out as soon as possible, is expended as soon as possible so it doesn't -- the expense -- the draws don't go beyond your program year into the next program year, okay? Good there? It also applies to your program income. So if you have an allocation like this year of four million and you happen to get a million dollars of program income coming in, that means your 15 percent is going to be based on five million dollars and not four, so that gives you a little bit of leadway [sic]. That's why it's important to program income. Economic development has been a strategy that many are scared of but it's not. It's pretty simple. It just takes understanding the rules. It's basically talks about low -mod job creation and retention. That's what we're looking for in economic development. So the jobs must be created or retained, and you have to have proof of record in your files. I think the usual period is going to be a year. Some cities, some counties decide that they're going to go beyond that. Now the next question, which is one of the most important ones, is national objective. We have three national objectives. Benefit low -mod income, prevent or eliminate slums and blights, and urgent need. Usually, we use the low and mod. Fifty-one percent of the people that are served in an area -- those three areas -- benefit housing and low -mod services. Under area, 51 percent have to be low -mod, and this is simple. You're doing a street improvement. That street, that area that you define, 51 percent of the people have to be low -mod in that street; if not, don't use CDBG, okay? That's pretty clear. It's -- that's what the requirement -- Vice Chair Sarnoff So where you put the pavement, wherever that pavement touches those homes, those homes must cumulate to 51 percent LW (Low Moderate Income). Ms. Ortiz: You got it. Vice Chair Sarnoff Okay. Chair Suarez: And it creates a lot of weirdness because what happens is sometimes you have these splotchy areas in a district, you know, in mine, and people are like, Why are you doing that one and not --? Ms. Ortiz: Right. City ofMiami Page 132 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Chair Suarez: It doesn't (UNINTET,TIGIBT,F) -- Ms. Ortiz: People sometimes don't understand that. Chair Suarez: Right. Ms. Ortiz: The best strategy to use is to look at the area upfront because you define the area. We won't define it for you. You can take five streets and one of those streets may not be 51 percent, but the cumulative of the four together do meet the 51 percent, which then would allow you to do that one street. So you must -- that's why -- that's where the planning process is important. Commissioner Carollo: So in essence, it's not every home, it's actually the cumulative. Chair Suarez: The area that you -- Commissioner Carollo: Yeah. Ms. Ortiz: Because that's (UNINTET,TIGIBT,F) area. Commissioner Carollo: Right. Ms. Ortiz: It's area. Commissioner Carollo: Which is very important. Vice Chair Sarnoff. Yeah, you're right -- Ms. Ortiz: Right. Vice Chair Sarnoff. -- 'cause you could achieve that non blotch -- Ms. Ortiz: Right. Vice Chair Sarnoff. -- as you would say. Ms. Ortiz: Okay. So low -mod benefit, which is the one that a lot of people use. The limited clientele are the elderly, usually is what we do, the presumed eligible. The participation is limited to those individuals. You can't do an elderly and bring in non elderly because we presume they're going to be low -mod. And you have to define the nature. It's elderly services and the location that you're going to take place, okay? Vice Chair Sarnoff. You're off of page 28, right? Ms. Ortiz: I'm on page 29 right now. Vice Chair Sarnoff. Right. So you -- I see that you also have parks. Must that park be in an LMI? Ms. Ortiz: Yes. The first one I mentioned, the 51 percent, is the area benefit eligibility of national objective. The second one is under low -mod, which you have limited clientele, and now I'm going to go to housing. Vice Chair Sarnoff. Let me ask the question the way I want to ask it then. Can you -- how -- can you use CDBG funds to improve a park? City ofMiami Page 133 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Ms. Ortiz: Yes, you can. Vice Chair Sarnoff. Does that park have to be within a 51 percent LMI? Ms. Ortiz: Yes. Vice Chair Sarnoff. Okay. Ms. Ortiz: Okay, housing. This is the rule of thumb. Because that -- there's a household involved and there's a family that's going to live there, if it's a one -unit, they have to be low -mod. If it's a one -unit duplex, they have to be low -mod, both. If it's three plus units, 51 percent have to be low -mod. That's the rule of thumb, okay. Questions there? We're good? Okay, job creation. The rule says, 51 percent of the jobs created or retained must be available or held for low -mod people. That simple. We're not expecting 100 percent, but we're saying at least 51 percent of the individuals hired must be low -mod. Now the -- where it gets kind of difficult is that there can't be a special skill because then our low -mod people would not qualify usually, okay. The LMI person must receive first consideration. If you have a pool and -- you have to give that low -mod individual the first opportunity to take that job and you have to have a written agreement with the business that's being funded Okay. I'm not going to go through -- much through slum and blight. Basically, slum and blight is defined by the City Commission. Vice Chair Sarnoff. Couldl -- just back -- andl apologize. Ms. Ortiz: No, don't worry. Vice Chair Sarnoff. For jobs to be considered available to LMI person, must have a written agreement with business. What does that mean? Ms. Ortiz: Okay. Let's say you decide that you're going to do a -- you're going to give money to a business for capital improvement and in exchange, they're going to give you jobs. Vice Chair Sarnoff. Okay. But that -- Ms. Ortiz: Okay. Vice Chair Sarnoff. -- agreement -- I'm sorry. Go ahead. Commissioner Carollo: And I'm sorry. For capital improvement, what do you call capital improvement? Is it a facade program, like awnings and a sign and painting? Ms. Ortiz: That could be an option, yes. Commissioner Carollo: And as far as capital improvement, can we go beyond that? Let's say they actually have a roof leak and you could definitely see the roof is, you know, of disrepair. Can then we go beyond that or it's a facade program within, you know, capital improvement and Ms. Ortiz: Commercial facade was usually a non -eligible activity in the 1990s. Commissioner Carollo: Right. Ms. Ortiz: What HUD decided was to put out a notice that said that we would allow commercial facade, which is a rehab type of program, only if it subscribes to the exterior of the property. City ofMiami Page 134 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Carollo: But the roof will be considered the exterior of the property, right? Ms. Ortiz: How do you not touch the interior repairs is going to be the challenge. Commissioner Carollo: The question, right. In other words, from the plywood down, you can't touch, but the plywood -- so if it has the barrel tiles and half the barrel tiles got done away, you know, I don't know how many years ago with one of the hurricanes, that can be considered a facade program and -- Ms. Ortiz: Right. Commissioner Carollo: -- the barrel tiles can be put back up, correct? Ms. Ortiz: Right. The challenge is going to be that contractor subscribing only to the exterior. Commissioner Carollo: Gotcha. Ms. Ortiz: 'Cause usually what we see is that when you're starting the repairs, you find out there's something that affects the interior that you need to take care of. So the process has to be understood by the contractor through the program that no exterior can be done -- no interior can be done. Commissioner Carollo: And question -- andl apologize. And I'm picking -- andl know you had the original question andl just jumped in but -- Ms. Ortiz: I think we're clear that a written agreement has to take place between the City and the -- Vice Chair Sarnoff. And my only follow-up is going to be -- I love these expressions. You cannot cross the threshold of the door with CDBG money. Ms. Ortiz: Not under commercial facade; no, you can't. Vice Chair Sarnoff. No, no, no. Let's go beyond this commercial facade. Can you cross the threshold of the door with CDBG funds? Ms. Ortiz: You can have a microenterprise program, okay, and let's say you have a startup building and the building needs to install some type of equipment that's attached because we can't buy equipment unless it's something that cannot be removed. So think about maybe the air conditioning, okay. Let's say you're going to a system with installing the air conditioning. That would be a capital improvement for us. So you would say, we're going to -- as your startup, we're going to help you with the air conditioning in exchange of so many jobs. Vice Chair Sarnoff. 'Cause there's still a job component to this. Ms. Ortiz: Right. And actually, you don't call the project the installation of the air conditioning. You're calling it a microenterprise exercise. Commissioner Carollo: And ifI may, Ms. Ortiz, who makes the decision of how many jobs? In other words -- Ms. Ortiz: We'll get there. Commissioner Carollo: -- your question -- City ofMiami Page 135 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Ms. Ortiz: Simple. Commissioner Carollo: Right. We are going to install this air conditioner for so many jobs. Who makes -- Ms. Ortiz: Right. Commissioner Carollo: -- the determination of how many jobs for this air conditioner? Ms. Ortiz: The jobs are basically determined by the City, but there's a threshold. And the threshold is one job per $35, 000 invested. Vice Chair Sarnoff. That's right. You will allow a 35 -- you allow up to 35,000. Ms. Ortiz: Right. One job per $35, 000 invested. That's -- you'll be safe there. Commissioner Carollo: Andl apologize. Obviously, there's a lot of interest in a lot of these questions, and l find it that it's quite important in order to be able to give better services to our community. Regarding back to when we were speaking about the roof tiles and that it cannot go through to the inside, what about windows? 'Cause I've heard as far as facade programs and installing windows, but that would definitely go from outside to inside so -- Ms. Ortiz: I would say stay away from them. Commissioner Carollo: Stay away from installing windows? Ms. Ortiz: There's no way you can install a window without doing repairs to the inside. Commissioner Carollo: Right. But it's my under -- yeah, but -- okay. I'll just stay quiet, but -- Ms. Ortiz: Usually -- this is what I'm going to tell you that usually helps a lot of people. If you do a combination of funding using CDBG and a couple of dollars of other funding, you'll be safe. I'm not saying you can't install windows. I'm saying the same thingl said at the beginning. Once that contractor goes inside and starts putting screws and starts putting the window frames from the inside, you've violated the rule. Commissioner Carollo: Right. Ms. Ortiz: And that can -- obviously. If you have, let's say, City funds in the amount of $4, 000 that covers the inside repairs, you'll be fine, you see? You can have that combination that will still allow you to do the holistic view of doing the repairs without interfering with the CDBG you can't -- you can only do outside. That's why usually people stay within signs and awnings -- Commissioner Carollo: Right. Ms. Ortiz: -- because it's safer. Commissioner Carollo: Yeah, I know, and that's why I mentioned it. But I've been given over time erroneous information with regards to the facade and also the windows. And that's always been baffling to me, especially when you mention that, so okay. I wanted clarity. Thank you. Ms. Ortiz: I'm not saying you can't do the windows. I'm saying that there are some windows that are easy. It's just taking the window and changing the window and the frame doesn't have to be changed. City ofMiami Page 136 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Spence -Jones: There's no way you can change a window without going inside of the building. There's just no way you can do it. So -- and we're talking about decades of -- Ms. Ortiz: Okay. Let me clarify my statement. Commissioner Spence -Jones: Okay. Can I -- just can I -- Ms. Ortiz: Yeah, sure. Commissioner Spence -Jones: -- say my -- 'cause I haven't said anything at all in this process. Ms. Ortiz: Sure. Commissioner Spence -Jones: So I just want to be clear, you know. We're talking about decades of -- part of a facade treatment includes not only awnings, signage, and windows -- and I'm talking about in other cities across the country, not just Miami. This is what they do in order to upgrade a business. So I'm just a little lost and confused on that. But I know that we have another very important item coming up at 11 o'clock so -- Chair Suarez: Thankyou. Commissioner Spence -Jones: -- which is probably going to cost us -- I mean, probably go for at least, I know, a good hour. Chair Suarez: And there's a special request for -- to take one before that, so -- by the volunteer executive director of the Children's Trust, so we have two items -- Ms. Ortiz: Okay. Chair Suarez: -- that we got to take. Ms. Ortiz: I just want to make one clarification. We're talking about the commercial facade program versus microenterprise program. I'm saying, if you do it under the commercial facade program, which is a rehab program, it has its limitations, okay. Chair Suarez: Thankyou. Ms. Ortiz: I'm not going to go through the urgent need because it's something that's defined by the City. The City defines an urgent need and then -- and it's usually based on health and security issues, and then the project becomes eligible. That's basically the most important thing you must remember. Commissioner Carollo: And I'm sorry -- andl don't want to get into -- I'm just going to ask. What's the difference between urgent need and emergency? But what you're saying is that the City defines what urgent need will be. Ms. Ortiz: Urgent need is one of the three national objectives that must be met. Remember I said low -mod -- Commissioner Carollo: Right. Ms. Ortiz: -- and the last one is urgent need. Urgent need means that there is a situation that affects self health and safety that needs to be taken care of. Usually, it's something that needs to be taken care of within 90 days. That's the threshold. City ofMiami Page 137 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Carollo: So in other words, let's say for instance -- and I'm just trying to be pragmatic. A building is closed down and all of a sudden, that person does not have a place to go, would that be considered urgent need? Ms. Ortiz: That would be under a public service, and public service is emergency. Let's -- let me put it this way. You have a bearing wall -- Commissioner Carollo: Right. Ms. Ortiz: -- that runs behind homes. That bearing wall, there was rains, it collapsed, there's an urgent need to repair it. That would be under urgent need. Okay? There's a couple of things that need to go over with you because it's been issues in the past, and the Congress has asked us to keep a tight act on what we're doing. And one is the 1.5 ratio of expenditure. No jurisdiction can have in any given year more than 1.5 of allocations, meaning if you got $4 million this year and you're getting $4 million next year, when we do the test -- in the case of the City, it's April, May, June, July -- June? -- okay, when the test is conducted, you can't have more than 6 million in your line of credit. If you do have it, we will issue a sanction. First year is a work plan; second year, any dollar amount that exceeds the 1.5 we recapture. Commissioner Carollo: And by the way, let me ask a question with regards to that. Is that dollars committed or is that dollars expended? Ms. Ortiz: Spent. Commissioner Spence -Jones: Spent. Ms. Ortiz: Drawn. Commissioner Spence -Jones: That's why George is always saying, you know, when our items come up, that we have to vote and approve these things because if not, we will get a sanction. Ms. Ortiz: Right. Commissioner Spence -Jones: That's why I try to spend as much as I can so we don't have that as an issue. Ms. Ortiz: Right. So as you can see, it affects your public service because the cap is defined by expenditure. Same thing will happen with your admin. You've got 20 percent of admin but it's based on expenditure. So if you have money lingering around, it will exceed your cap and we will ask for it back. Then you have the third tier, which is the 1.5. You cannot have in your line of credit more than 1.5 of your allocation. That's why we need to spend. Commissioner Spence -Jones: And can I ask you -- so if -- for instance, if there's a work plan for it and the project is not ready to go or there has not been a determination as to, you know, where -- when those -- that particular project will be able to be spent, it doesn't matter, as long as it's spent within the City? Ms. Ortiz: If you have a project that's lingering -- Commissioner Spence -Jones: Yeah. Ms. Ortiz: -- and the draws are not happening because it's taking more time, what we have always suggested the City do is reprogram those funds and then use the next allocation to reassign the money to the project. City ofMiami Page 138 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Spence -Jones: Okay, so anything you have lingering over there, Commissioner Carollo, that you can't put on the streets -- Commissioner Carollo: Yeah, yeah, yeah, yeah. Commissioner Spence -Jones: -- D5 can use it. Commissioner Carollo: No, no, no, no, no. But -- Commissioner Spence -Jones: I'm just messing with you. Commissioner Carollo: -- let's discuss this because, realistically, there's about $12 million in projects that are lingering, and that's really the issue. No, no, not district; I mean, citywide. And out of those citywide, I think District 3 only has $1 million. The rest, $12 million, is lingering in -- all over the city projects. And you know, later on, I'm going to discuss because, realistically, I don't know what takes so long. Andl don't know if other Commissioners have had, you know, better luck with CIP (Capital Improvements Program) and, you know, how we move projects along, but it takes forever in District 3. So that's an issue that I think, in the future, I'm sure we'll touch upon, but let's get real -- down to the real issue of where, you know, the timeliness test is in the city and stuff like that 'cause there's $12 million -- andl don't know if -- is that the exact amount or not, but it's around there regarding projects so. Ms. Ortiz: HUD had an audit from the inspector general. HUD was audited. Both programs, CDBG and HOME were audited. And what they came back with was that the CDBG program's worst nightmare was that it had projects that were four years and older still on the books without expenditure. So basically, a program that was so flexible that it did not have a time frame -- Commissioner Carollo: Right. Ms. Ortiz: -- has now been put a time frame. So we had the 1.5, but you could have a 2002 project that we're setting around and still meet the 1.5. So now we're being told, you have to meet the 1.5, and on top of that, projects cannot be four years or older. Chair Suarez: Ms. Ortiz, I'm very sorry to cut you off. I think -- Ms. Ortiz: I'm fine. Chair Suarez: -- there's obviously a lot of questions that this Commission wants to ask and there's not enough time to address them all right now. What would request -- Vice Chair Sarnoff. (UNINTELLIGIBLE) be back. Chair Suarez: Yeah. Can we? Would you be willing to come back at a -- Ms. Ortiz: Sure. Chair Suarez: -- later date? Because -- Ms. Ortiz: Sure. Chair Suarez: -- we haven't even touched upon the elephant -- Commissioner Spence -Jones: The key issue. Chair Suarez: -- in the room -- City ofMiami Page 139 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Spence -Jones: Yeah. Chair Suarez: -- which is, you know, some of the things from a policy perspective that we've been trying to achieve that have not really moved. Ms. Ortiz: This is what I'm going to suggest, if you can put together what your areas of interest are -- Chair Suarez: Right. Ms. Ortiz: -- I can then come back and pull from the regulation those particular areas and then we can have that conversation if that -- if you agree with that. Chair Suarez: Can we do it, you know, either at the beginning of next year? Vice Chair Sarnoff (UNINTELLIGIBLE). Chair Suarez: That's fine. Okay, we'll get it -- Ms. Ortiz: That's fine with me. Chair Suarez: -- all together for you for February. Thank you so much. Ms. Ortiz: You're welcome, sir. Commissioner Spence -Jones: Thank you so much. Chair Suarez: We appreciate it. Commissioner Carollo: Thank you. DI.3 DISCUSSION ITEM 12-01191 Office of the City DISCUSSION REGARDING COMMUNICATIONS WITH THE FLORIDA Attorney BUILDING COMMISSION IN REFERENCE TO THE CURRENT STATUS OF RECENT CHANGES TO THE FLORIDA BUILDING CODE THAT AFFECT THE CITY OF MIAMI. 12-01191 Memo - Office of the City Attorney.pdf DISCUSSED Chair Suarez: D1.3 [sic]. Commissioner Spence -Jones: Florida Building -- Commissioner. Office of the City Attorney. Victoria Mendez (Assistant City Attorney): Commissioners, this was an item brought by Commissioner Sarnoff, and he wanted to make sure that we discussed the -- what we should do with the changes to the Florida Building Commission that were causing certain high-rises to be built and for the high-rises to have certain hiccups along the way when they were being built. I spoke to the executive director of the Building Commission, and two of the main issues were the flood plain management and extra staircases, andl think there was an issue with the elevators as well. However, the executive director could only really address the flood plain management. Basically, for many years, from 2001 to 2010, the flood plain management was held locally. There were local rules and that's what dictated it. FEMA (Federal Emergency Management City ofMiami Page 140 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Agency) standards were the base minimum standards. What happened is that the Florida Building Commission in their 2010 rewrite that came out in 2012 did make the flood plain management much more strict, and that's the only thing that he could really address with regard to the three issues. What he wanted to -- from the City, if we could exactly tell him what sections in the Florida Building Code were giving us stress and were making things difficult Vice Chair Sarnoff. Here's what I recommend you do. Why don't you sit down with Arquitectonica, Bernardo Fort -Brescia, an actual working architect, to tell you what consternation is being -- Because what's happening is you have not seen a new building designed yet with these new building codes and you probably will not see a new building design yet with these new building codes. 'Cause when you have to add an elevator bank and you have to add a staircase that didn't exist, you've taken an envelope that was -- and I'm not saying it's bad -- but was shrunk down by Miami 21 and you've now shrunk it some more and now your life space and livable space has come down. Andl suggest you do this: you sit down with Bernardo Fort -Brescia; you find out what consternations he has, what he's seeing out there. If you want to pick another architect, do that as well. Then you bring that back to this Commission so that we learn exactly what the issue is. If you want him to do a brief 10-minute presentation -- 'cause one's been done for me. Andl think this is a looming problem. You know, it's really fun to sit here and see all these big building get built, but there's nothing in the hopper being designed. Ms. Mendez: Okay. Vice Chair Sarnoff. There's nothing out there. There's no brand-new building that's been designed. Ms. Mendez: The executive director said that he definitely wanted to know what the issues are because they could either, one, be fixed as a matter of interpretation; two, they're right now writing the rewrite for the second one and we can make the changes now; and third, there were legislative or technical changes that we could do, and it's something that our Building official -- we could send representatives to their meetings and our Building official can handle as well. So I just wanted to report back to you as -- that we can make legislative changes to the Florida Building Code. They just wanted to know, with more specifics, what the issues were and they would work with us to try to handle it. Vice Chair Sarnoff. They're the elevator and the stairway. Ms. Mendez: And I'll speak to the Arquitectonica, with Mariano, and report back to you as well. Chair Suarez: Thankyou. Ms. Mendez: Thank you. Commissioner Spence -Jones: Thankyou. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Chair Suarez: We are one shy of a quorum. Madam Attorney, maybe we can get the P&Z (Planning & Zoning) so we can get the P&Z deferrals done, if you can start the P&Z procedures. Maria J. Chiaro (Deputy City Attorney): PZ items shall proceed according to Section 7.1.4 of the Miami 21 zoning code. Before any PZ item is heard, all those wishing to speak will be sworn by the City Clerk. Staff will briefly describe each item as it is to be heard. The members of the City Commission shall disclose any ex parte communications. The appellant or petitioner will then present the request and may waive the right to an evidentiary hearing. The order of City ofMiami Page 141 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 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 the 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 at the City Commission's discretion. Mr. Chair, there are certain items that are to be continued. The director of Planning will set forth the items to be requested for continuance now. Chair Suarez: Mr. Garcia, you're recognized. Go ahead. Francisco Garcia (Director, Planning): Thankyou, sir. Chair Suarez: My apologies. Mr. Garcia: At this point in time, I just wanted to mention to you those items in the Planning & Zoning agenda, the PZ items that we will be recommending you entertain for continuances or deferrals. Those would be items PZ.3 -- and I'll read them first and then I will suggest some dates for your consideration. So items PZ.3, PZ.4, PZ.5, PZ. 6, PZ 7, PZ.8 -- Vice Chair Sarnoff. Wow. Mr. Garcia: -- PZ.9, and then we skip over to PZ.15 and PZ. 16, as well as PZ.17. Those will be the items. And then I would like to briefly, perhaps, read the item number -- Chair Suarez: Okay. Mr. Garcia: -- a brief description of the item, and then tell you which dates we are proposing they be continued to. Chair Suarez: Sure. Mr. Garcia: In some instances, these items are actually private applications. In those instances, we would request that the applicants or appellants, as the case may be, also speak into the record regarding these matters. Regarding item PZ.3, this is a City sponsored application. And in order to work out a couple final details -- this pertains to the watercrafts in single-family residential areas -- we would request that this item be continued to November 15. All the stakeholders that have been participating are actually amenable to that proposal. For items PZ.4 and PZ.5, this is a private application for a land use and rezoning at 840 Northeast 78th Street. Here we will be recommending that these be continued to January 24. The applicant is here and l believe that they are in support of that continuance or deferral, I'm sorry. Items PZ.6 through PZ.9 -- which include PZ.6, PZ.7, PZ.8 and PZ.9 -- these are known as the Brickell Flatiron zoning changes and land use changes at approximately 20 Southeast loth Street and 1001 South Miami Avenue. These are being recommended for continuance until December 13. And for items PZ.15 and PZ.16, we hope to bring these back to you on February 28. These are City applications for land use and zoning changes in a portion of land just east of 27th Avenue, north of 16th Street and south of Southwest 8th Street. And lastly, item PZ.17, we are going to be withdrawing at this point in time because the Planning, Zoning andAppeals Board requested that a workshop be held and we are certainly happy to do that. We will then come back to you with a rescheduled item and readvertised item at such time as we have the PZAB's (Planning, Zoning andAppeals Board's) action on this particular proposal. Chair Suarez: Thankyou, Mr. Garcia. Is there a motion to defer and continue the items as stated by the Planning director? City ofMiami Page 142 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Vice Chair Sarnoff. So move. Commissioner Spence -Jones: Second. Chair Suarez: Moved by the Vice Chair, second by Commissioner Spence -Jones. Any further discussion? Commissioner Spence -Jones: Mr. Chairman, just -- 'cause I came in -- Chair Suarez: Yes. Commissioner Spence -Jones: -- just a little late, butt just wanted to be clear. Which items are we addressing -- are we not addressing any items today on PZ? Mr. Garcia: Yes, ma'am. Commissioner Spence -Jones: Can you go over the ones that we are addressing, 'cause I know some other Commissioners just got here as well. Mr. Garcia: Gladly. Thank you very much. We are proposing to address today or present to you today items PZ.1. Commissioner Spence -Jones: Right. Mr. Garcia: Item PZ.2, I'm going to look to my left and ask Mr. Ben Fernandez -- continue as well? Commissioner Spence -Jones: Continue? Ben Fernandez: Yes. We would -- Commissioner Spence -Jones: Okay. I thought it was resolved. Mr. Fernandez: No, not resolved. And we would like to -- Dwight S. Danie (City Clerk): Excuse me. Mr. Fernandez: -- ask for actually a hearing date in January. Chair Suarez: Okay. Mr. Fernandez: First available date in January. Mr. Danie: Put your name on the record, please. Name on the record. Mr. Fernandez: Ben Fernandez, 200 South Biscayne Boulevard. Mr. Danie: Thank you. Commissioner Spence -Jones: Okay. Commissioner Gort: So PZ.1 and PZ.2, you're asking for continue? Mr. Garcia: I'm sorry, sir, no. I started down the list of items that would be heard today -- City ofMiami Page 143 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Spence -Jones: (UNINTELLIGIBLE). Mr. Garcia: -- and that includes PZ.1. However, upon getting to PZ.2, Mr. Fernandez approached the lectern, which allowed me to surmise that he wanted that continued. And apparently, the date is January -- Mr. Fernandez: First available date in January. Mr. Garcia: If that's the Commission -- Vice Chair Sarnoff. So let me make a motion to move it to the first of -- PZ.2, to the first available date in January. Mr. Garcia: I believe there is a motion and a second already on the floor pertaining -- Chair Suarez: Yeah. Mr. Garcia: -- to the remainder of the items. Chair Suarez: Could we just amend our motion to include that -- can we just amend our motion to include --? Vice Chair Sarnoff. As stated. Chair Suarez: Okay. Vice Chair Sarnoff. That's fine. Chair Suarez: Right. Mr. Garcia: To the first available meeting in the month of January, which would be? Mr. Danie: January 10. Mr. Garcia: January 10. All right, so that adds further specificity to that particular item. So item PZ.2 will be to January 10 and the items that we will hear tonight, this afternoon, at Commissioner Spence -Jones's request, are PZ.1 is proposed to be heard today. Then we skip over to PZs 10 and 11, PZ.10 and PZ.11. Commissioner Spence -Jones: Okay. Mr. Garcia: Also, PZ.12 andPZ.13 -- these two are companion items -- Commissioner Spence -Jones: Great. Mr. Garcia: -- PZ.14 -- Commissioner Spence -Jones: Okay. Mr. Garcia: -- andPZ.18. Commissioner Carollo: Are these -- and I'm sorry. Are these the items that are going to be heard or that are going -- Commissioner Gort: Yes. City ofMiami Page 144 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Carollo: -- to be deferred? Vice Chair Sarnoff. Heard. Commissioner Spence -Jones: Be heard. Mr. Garcia: Yes, sir. Commissioner Carollo: Right. Everything else is going to be deferred. Chair Suarez: Correct. Mr. Garcia: Correct. And just to remind you, there is a motion and a second on the floor for the specific continuance or deferral of the other items that have been mentioned. Chair Suarez: As the Planning director has stated them and as modified by the Vice Chair. Commissioner Carollo: And I'm sorry, Mr. Chairman. And we are moving forward with PZ.17? Vice Chair Sarnoff. No, no. Chair Suarez: No. That's being withdrawn. Vice Chair Sarnoff. That's a deferred -- that's deferred as well. Chair Suarez: Withdrawn. Commissioner Carollo: That's deferred, okay. Mr. Garcia: No, sir. Item PZ.17 is proposed to be -- Commissioner Carollo: I got it, I got it. Mr. Garcia: -- continued. Commissioner Carollo: Thank you. Chair Suarez: Okay, all in favor, signin, by saying "aye." The Commission (Collectively): Aye. [Later..] Chair Suarez: With your indulgence, Commissioners, do you think we can do some PZ (Planning & Zoning) items? Commissioner Gort: Good presentation. Commissioner Spence -Jones: Are we finished with all the REs (Resolutions)? Commissioner Gort: No. Chair Suarez: No. We're not even close. City ofMiami Page 145 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Spence -Jones: Oh. Chair Suarez: Do you want to do --? Alice Bravo (Assistant City Manager/Chief of Infrastructure): Chairman -- Chair Suarez: I mean, do you mind if we do a couple of PZs? Commissioner Spence -Jones: Yes. Chair Suarez: We only have a few PZs, so let's just get the PZ -- Ms. Bravo: Chairman, if we could start with PZ.1, we have a presentation. Chair Suarez: Isn't that what you asked me for before the break? Ms. Bravo: Yes. Chair Suarez: Yes. Okay, PZ.1. Mr. Danie: I have to administer the oath. Chair Suarez: Go for it. Mr. Danie: All right. All those who are testifying for PZ items, please stand and raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those giving testimony on zoning issues. Mr. Danie: Thank you. PZ.1 ORDINANCE First Reading 12-00929ct AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, BY AMENDING THE GOALS, OBJECTIVES, AND POLICIES OF THE PARKS, RECREATION AND OPEN SPACE, CAPITAL IMPROVEMENTS, AND THE INTERPRETATION OF THE 2020 FUTURE LAND USE MAP ELEMENTS, IN ORDER TO REVISE THE LEVEL OF SERVICE STANDARD FOR PARKS, RECREATION AND OPEN SPACE FOR CONCURRENCY PURPOSES, AS DIRECTED BY POLICY PR-1.1.4 OF THE CITY'S COMPREHENSIVE PLAN; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 12-00929ct CC 10-25-12 Fact Sheet.pdf 12-00929ct PZAB Reso & Supporting Documentation.pdf 12-00929ct CC Legislation (Version 3).pdf LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of City of Miami City of Miami Page 146 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 3, 2012 by a vote of 8-2. PURPOSE: This will amend policies of the Parks, Recreation and Open Space; the Interpretation of the 2020 Future Land Use Map; and the Capital Improvements Elements of the City's Comprehensive Plan. Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo Chair Suarez: Mr. Garcia. Francisco Garcia (Director, Planning): Thank you, sir. This is item PZ (Planning & Zoning) -- Chair Suarez: Take us home. Mr. Garcia: Yes, sir. Francisco Garcia, Planning & Zoning director for the record. This is item PZ.1, andl would like to introduce Hal Ruck. He is the chief of the community planning section of the Planning and Zoning Department, and think he, in turn, will introduce Larissa Brown from Goody Clancy, the consultants who worked with us on this project. Mr. Ruck will briefly present to you how it is that we got here after a significant process involving the public, as well as the elected officials. And after that, Ms. Brown will present to you the report and we'll certainly answer any questions you may have. Thank you. Chair Suarez: Thank you. Harold Ruck (Planner II): I'm Harold Ruck with the Planning Department. And PZ.1 is an item that amends the goals, objectives, and policies of the Comprehensive Plan to revise the levels of service for parks, recreation, and open space for concurrency purposes. These amendments are a result of complying with our Comprehensive Plan policy PR-1.1.4, which requires the City to conduct a study, to review the methodology of the levels of service for parks, and then make recommendations to amend the Comprehensive Plan. These resulting amendments are specifically related to the elements of parks, recreation, open space, our land use element, and capital improvements elements of the Comprehensive Plan. Vice Chair Sarnoff. So moved. Chair Suarez: It's been moved. Is there a second? Commissioner Spence -Jones: Second. Chair Suarez: Do I have to open up the public hearing on this? This is a public hearing. PZ.1, this is a public hearing. Anyone from the public wishing to speak on PZ.1? Hearing none and seeing none, the public hearing on PZ.1 is closed. This is, I guess, an ordinance, right --? The ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Dwight Danie (City Clerk): Roll call. A roll call was taken, the result of which is stated above. City ofMiami Page 147 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Mr. Danie: The ordinance has been passed on first reading, 4-0. Chair Suarez: Thank you. 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 Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PZ.2 was deferred to the January 10, 2013 Commission Meeting. PZ.3 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 City ofMiami Page 148 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 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 11-15-12 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 Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.4 ORDINANCE First Reading 11-007001u AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 840 NORTHEAST 78TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-007001u CC 10-25-12 Fact Sheet.pdf 11-007001u Analysis, Maps, School Concurrency & PZAB Reso.pdf 11-007001u Application & Supporting Documents.pdf 11-007001u CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 840 NE 78th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lynn M. Summers, Authorized Representative, on behalf of Marine Max East, Inc., Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. City ofMiami Page 149 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 5, 2011 by a vote of 8-1. See companion File ID 11-00700zc. PURPOSE: This will change the above property to "Medium Density Restricted Commercial'. Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PZ.4 was deferred to the January 24, 2013 Commission Meeting. PZ.5 ORDINANCE First Reading 11-00700zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-R" URBAN CENTER ZONE -RESTRICTED TO "T5-O" URBAN CENTER ZONE -OPEN, FOR THE PROPERTY LOCATED AT APPROXIMATELY 840 NORTHEAST 78TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00700zc CC 10-25-12 Fact Sheet.pdf 11-00700zc Analysis, Maps & PZAB Reso.pdf 11-00700zc Application & Supporting Documents.pdf 11-00700zc CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 840 NE 78th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lynn M. Summers, Authorized Representative, on behalf of Marine Max East, Inc., Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 5, 2011 by a vote of 8-1. See companion File ID 11-007001u. PURPOSE: This will change the above property to "T5-O" Urban Center Zone -Open. Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PZ.5 was deferred to the January 24, 2013 Commission Meeting PZ.6 ORDINANCE First Reading City ofMiami Page 150 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 06-00613Iu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10TH STREET, MIAMI, FLORIDA, FROM "PUBLIC PARKS AND RECREATION" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-006131u CC 10-25-12 Fact Sheet.pdf 06-006131u Analysis & Maps.pdf 06-006131u Application & Supporting Documentation.pdf 06-006131u CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 20 SE 10th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Brickell Flatiron, LLC, and the City of Miami, A Municipal Corporation. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on October 17, 2012. See companion File ID 06-00613zc and related File Ds 06-006131u1 and 06-00613zc1. PURPOSE: This will change the above property to "Restricted Commercial'. Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PZ.6 was deferred to the December 13, 2012 Commission Meeting. PZ.7 ORDINANCE First Reading 06-00613zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "CS" CIVIC SPACE ZONE TO "T6-48B-O" URBAN CORE ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 151 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 06-00613zc CC 10-25-12 Fact Sheet.pdf 06-00613zc Analysis, Maps & Zoning Referral.pdf 06-00613zc Application & Supporting Documentation.pdf 06-00613zc CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 20 SE 10th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Brickell Flatiron, LLC and the City of Miami, A Municipal Corporation FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on October 17, 2012. See companion File ID 06-006131u and related File Ds 06-006131u1 and 06-00613zc1. PURPOSE: This will change the above property to "T6-48B-O". Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PZ.7 was deferred to the December 13, 2012 Commission Meeting. PZ.8 ORDINANCE First Reading 06-006131u1 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF THE SOUTHERN -MOST PORTION OF REAL PROPERTY LOCATED AT APPROXIMATELY 1001 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, FROM 'RESTRICTED COMMERCIAL" TO "PUBLIC PARKS AND RECREATION"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-006131u1 CC 10-25-12 Fact Sheet.pdf 06-006131u1 Analysis, Maps & Pictures.pdf 06-006131u1 Supporting Documentation.pdf 06-006131u1 CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 1001 S Miami Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Brickell Flatiron, LLC, and the City of Miami, A Municipal Corporation FINDING(S): City ofMiami Page 152 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on October 17, 2012. See companion File ID 06-00613zc1 and related File IDs 06-006131u and 06-00613zc. PURPOSE: This will change the above property to "Public Parks and Recreation". Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PZ.8 was deferred to the December 13, 2012 Commission Meeting. PZ.9 ORDINANCE First Reading 06-00613zc1 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T6-48B-O" URBAN CORE ZONE TO "CS" CIVIC SPACE ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1001 SOUTH MIAMI AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-00613zc1 CC 10-25-12 Fact Sheet.pdf 06-00613zc1 Analysis, Maps & Zoning Referral.pdf 06-00613zc1 Supporting Documentation.pdf 06-00613zc1 CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 1001 S Miami Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Brickell Flatiron, LLC, and the City of Miami, A Municipal Corporation FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on October 17, 2012. See companion File ID 06-006131u1 and related File IDs 06-006131u and 06-00613zc. PURPOSE: This will change the above property to "CS". Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PZ.9 was deferred to the December 13, 2012 Commission Meeting. PZ.10 ORDINANCE First Reading 12-00839Iu City ofMiami Page 153 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 2984 SOUTHWEST 21 ST TERRACE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 12-008391u CC 10-25-12 Fact Sheet.pdf 12-008391u Analysis, Maps, School Concurrency & PZAB Reso.pdf 12-008391u Application & Supporting Documentation.pdf 12-008391u Legislation (Version 2) & Exhibit.pdf 12-008391u Presentation- 2991 Coral Way, LLC.pdf LOCATION: Approximately 2984 SW 21st Terrace [Commissioner Francis Suarez - District 4] APPLICANT(S): Ben Fernandez, Esquire, on behalf of 2991 Coral Way, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on September 19, 2012 by a vote of 7-2. See companion File ID 12-00839zc. PURPOSE: This will change the above property to "Low Density Restricted Commercial'. Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Suarez: PZ.4. Francisco Garcia (Director, Planning): Item PZ.4 and PZ.5, which are companion items, are being continued. The next item, I believe, is item PZ.10. Chair Suarez: Okay, my apologies. PZ.10. Mr. Garcia: Items PZ.10 and PZ. 11 are companion items. These are a land -use change and a proposed zoning change for a property -- or properties at addresses approximately 2984 Southwest 21 st Terrace. The proposal will -- the -- I should say, the original request -- or the original application is recommended for denial. However, I would like to describe to you so as to make things as clear as possible what the proposal that we would like to make to you today and that was recommended by the Planning, Zoning andAppeals Board is -- andl believe that is what the applicant will be presenting because this proposal we would recommend approval for. This proposal would take what is presently a T5-O zoned parcel which fronts Coral Way and T3-O parcels that actually front 21 st Terrace to the north, and it would leave the portion that is T5-O T5-O and the portion in the rear would be T4-L. That is our recommendation. That was recommendedfor approval by the Planning, Zoning andAppeals Board and -- what would like City ofMiami Page 154 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 to do in a moment, as soon as I receive the cable, is to show you what the overall layout of the parcel would look like -- I'll show you that in a moment -- and perhaps yield to Mr. Fernandez to make his presentation. Chair Suarez: Thankyou. Ben Fernandez: Good evening, Commissioners. Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of the property owner 299 [sic] Coral Way, T,T C (Limited Liability Partnership). As Mr. Garcia indicated, this property is located along the Coral Way commercial corridor. It is a property that you can see there on the monitor. It's along -- The north side of the property fronts on Southwest 21st Terrace, which is a residential street. And the problem that is pervasive in this area is that due to the horse -shoe -shape configuration of the residential street behind it and the lack of access that those residents have to streets, whenever you have a parcel that provides ingress and egress both on Coral Way and on 21 st Terrace, you get cut -through traffic, you get parking in the residential neighborhood, which is what you see in this image before you. Now, the proposal that we are making is to rezone a parcel that historically has been used for parking purposes. What you see in this image is a picture from 1986, an aerial image that shows the lot. Although it was residential or -- today it's T3, it was never developed even back then with a home. It was always used as a surface parking area for the abutting commercial uses. Here's another image from 1996, same thing; no residential development. Here's one from 2005, unchanged. And then 2011, you can see the cars there as well. So what we're doing through this application is we're attempting to add a -- more of a supply of surface parking to the Coral Way commercial corridor. We have a recommendation from the Planning, Zoning and Appeals Board. They saw the logic in this. We also have a recommendation from the abutting property owners. Lopez Optical is supporting the application, as is Global Liquors, which is a new retail liquor store in the area. Another thing that I'll note is that there's a covenant from 1985, which you see here now, that was recorded when the medical office building immediately next to this property was developed. And what this covenant did was that it required that the subject property provide parking spaces for the medical office building. That further reduced the amount of available parking on this property. So this is all the more reason why we believe that this application is appropriate. In order to ensure that we will be mitigating any impacts into the residential neighborhood, we're proffering a covenant that will require the owner to install a masonry wall along 21 st Terrace, which is what you see in this rendering below on the easel. And also, our covenant will ensure that there will be no vehicular ingress or egress along Southwest 21 st Terrace, except for garbage and other services to the property. So this is going to take an existing difficult situation for the neighbors and entirely eliminate it by creating a masonry wall that's going to provide a great buffer from the commercial area. And for those reasons we would ask that you approve the application. Chair Suarez: Thankyou, Mr. Fernandez. This is a public hearing item. Anyone from the public wishing to speak on this item? Graham Coords: Here. Chair Suarez: Mr. Coord [sic], you're recognized. And l just want to -- go ahead. Let me not interrupt you. Go ahead. Mr. Coords: Graham Coords, 2967 Southwest 21 Street is my home. My business is Completely Canine, 2811 Coral Way, so I am walking by this place every day. Basically, I've been on this block 12 years now. You want me to go ahead? Chair Suarez: Well, I -- yeah, sure. Mr. Coords: Here I am. City ofMiami Page 155 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Chair Suarez: Yeah. Mr. Coords: Boy, it's potential for use is what we're worried about. The parking lot, when they initially approached us with three attorneys -- I'm a simple guy. I'm a dog trainer, so boy, I'm listening to them and it sounds good, right. We're going to clean up the parking a little bit. We're going to put up a wall. Potential for this, I'm worried about, is that we could expand it into something else, and it is five houses down from my house. My three -year -old little boy is walking by Club Aqua, which -- how do they certify it? I don't know what you would call that business, but certainly, it's not one of the shining examples in our neighborhood. We don't want it. The neighbors don't want it. I'm an unofficial neighborhood spokesman there. I just kind of talk with the neighbors about what's going on, and everything that we've heard so far is no, thank you. We would say no, thank you, we don't want it. Please, the wall looks great. It's a great picture. We don't want it. Chair Suarez: No. Andl think -- I mean -- andl just want to make some Jennings disclosures. You andl have spoken about this -- Mr. Coords: Sure. Chair Suarez: -- before. Actually, probably before the application was even put in, so I'm not sure it was a Jennings disclosure. But think, also, you've called our office once or twice just to kind of get updates on what's going on. Mr. Coords: Sure. Chair Suarez: I think, from my perspective and when we first -- the first time that we talked about it, I thought this was a -- kind of win -win. I don't get to play Commissioner Sarnoff too often, but every so often I get to try to create a deal where it -- you know, try to structure a deal that's a win -win, you know. And as you mentioned, I think you're -- there's two separate issues. One is, you know -- we've talked about the actual business itself -- Mr. Coords: Right. Chair Suarez: -- and whether or not it's what you would consider a desirable business, andl think that's a separate issue because they do have a valid -- Mr. Coords: Or legal. Chair Suarez: Right. And I think -- and that's one issue that's not related to this -- Mr. Coords: Right. Chair Suarez: -- specifically. I think, when you think about this specific issue, what we're talking about here is two fold One is, as you know, we've invested money in beautifying that area and that's an ongoing project. Mr. Coords: That's correct. Chair Suarez: And what I think this does is, it does two things: one, the parking lot, as you know, was already being used as a parking -- that lot was being used as a parking lot in many cases. And also, I thinkyou had an issue, andl thinkyou were right because there are -- it is a family neighborhood that, you know, activity flowing to and from the residential neighborhood and the property. City ofMiami Page 156 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Mr. Coords: Right. Chair Suarez: And so I think this is a very good solution to the problem, at least from that perspective. And what I would ask the Planning director is, How do we guarantee that this is what's going to happen? Mr. Garcia: In a number of ways. To begin with, just to start from the point of departure of what the proposed zoning and land -use designations will be, the land -use designation which you see in the image and the zoning designation which you see in the image would change the portion abutting Southwest 21st Terrace to T4-L. So T4-L is limited -- has a limited commercial capability, but only so that they can develop the surface parking lot -- improve the surface parking lot which is needed in the area, and even that would be subject to administrative review, which could be appealed should anyone be adversely impacted by it, via abutting property owners and so forth. So it would be subject to our design review to make sure that the correct buffering takes place and all of that. In addition to that and perhaps more relevant to the comments that are being made on the record is the fact that a covenant is being proffered by the applicant which ensures -- or assures the abutting property owners that the surface parking lot will be buffered in mass and that ingress and egress to that surface parking lot shall only be from Coral Way, which is the proper commercial arterial, and that no such ingress or egress shall take place from Southwest 21st Terrace. That, we feel, is the ideal solution to maintain a proper balance between what is a contributing frontage to the commercial corridor, that is, Coral Way and a respectful and pleasant frontage to the residential street, which is Southwest 21st Terrace. Mr. Coords: It sounds as if you're speaking on behalf of Club Aqua rather than on the citizens. Boy, what we're telling you is that we don't want it in any case. So, boy, even if it's parking lot right now, we don't want it pushing into our homes. It's a residential lot that's been used illegally for parking right now. Chair Suarez: Right. Mr. Coords: We don't want it further developed. You know, it's -- what we can tell you. Chair Suarez: No, andl understand. And you andl have had, you know, several conversations Mr. Coords: Right. Chair Suarez: -- about this. And, you know, I hate to respectfully kind of disagree with you -- Mr. Coords: Right. Chair Suarez: -- because, you know, what see and what we talked about initially was two things. The first is you have an objection to the business itself which I understand -- Mr. Coords: Sure. Chair Suarez: -- and you have -- Mr. Coords: Prostitution, drugs, and everything else. Chair Suarez: Right, right. And believe me, you know that I've helped to ensure that whatever is happening there is happening legally, okay. Now, there's a secondary issue, which is that whatever activity is happening there could spill over and is spilling over into the residents. It's doing it in two folds: one, cars parking along the residents that have access to the property, which will no longer by the case. And whatever happens in the property is confined to the City ofMiami Page 157 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 property, andl think -- I thought when we spoke about it, that you were happy with that, you know -- I mean, I don't think there's ever -- Mr. Coords: It would be tempting to take the wall. It would be tempting to say, Oh, yeah, give me the wall. Give me some (UNINTELLIGIBLE). Mr. Fernandez: No, it's not tempting. Let me correct the record. Commissioner Gort: Excuse me. Mr. Fernandez: Not tempting. You -- Mr. Coords: Correct. Mr. Fernandez: -- agreed -- we had a meeting and you agreed -- Mr. Coords: Right. Mr. Fernandez: -- you wanted the wall. Mr. Coords: Right. Mr. Fernandez: Let's set the record straight. Chair Suarez: But that was my understanding as well, so -- but in addition to that, I think the fact of the matter is whether you like the business or not, whether I like the business or not, whether I -- I don't have the power to just shut a business down. Mr. Coords: Right. Chair Suarez: If -- I have to -- Mr. Coords: (UNINTELLIGIBLE). Chair Suarez: Right. I have to go through the rules, and we have not been able to find anything in our efforts to make sure that there's -- everything that's happening on that property is legal. There has not been any credible evidence that there -- what is happening there is not legal. But this particular item which has to do with a rezoning, it has to do with the way that it would buffer from the residential area would -- assuming everything you're saying is true -- Mr. Coords: True. Chair Suarez: -- would make the situation better, and that's the part where, you know, I thought we were on the same page on that and I thought that was the best solution, you know. Mr. Coords: We worry about potential, so I say push it back; worry -- do it another day, but -- Chair Suarez: But it's worse now, is what I'm trying to tell you. Mr. Coords: Right. Chair Suarez: And that's the problem. The problem is that pushing it back, doing it another day just exacerbates the problem because -- Mr. Coords: Maybe. City ofMiami Page 158 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Chair Suarez: -- the problem is there. Mr. Coords: Right. Chair Suarez: So we've engaged in efforts for multiple years to find out whether everything that's going on and that business is legitimate -- and you have your position, and respect it, and I'm not saying I disagree with it. But what I'm saying is that we have an opportunity here to solve one problem, which is not to have spillover parking in the residential neighborhood and (UNINTELLIGIBLE) to conform a lot that's already being used as a parking lot and to make it, you know -- but it also protects the neighborhood in that there's a covenant that protects that lot from being developed in a way that is, you know, detrimental to the residents. Mr. Coords: If we're saying right now that the wall's protecting us from the business. That should speak by itself. So do we need protection from this business? That's saying something right there. Chair Suarez: Right. Mr. Coords: All can say is -- Chair Suarez: It could be anything. It could be a KFC (Kentucky Fried Chicken). Mr. Coords: Right. If it was a KFC -- Chair Suarez: And there could be people parking in the neighborhood going to the KFC. And so what I'm saying is that if the KFC were to buy the adjacent lot that was a duplex, make it into more surface parking so that there's not spillover parking into the residents and close off the wall to the residents, I would be in favor of that, because that would be protecting the residents from the intruding traffic that's coming in and out of the commercial property that fronts Coral Way and that, you know -- Mr. Coords: (UNINTELLIGIBLE). Chair Suarez: By the way, we have this problem on Coral Way and other parts along Coral Way where we have spillover parking from businesses that are located on Coral Way but have more clients than they have spaces to provide for their clients. Mr. Coords: It's a capacity issue, right? Chair Suarez: Yeah. Mr. Coords: So a capacity (UNINTELLIGIBLE). Chair Suarez: And -- but it's -- it creates problems with the neighborhood. It creates problems - - you know, quality of life issues. Mr. Coords: All due respect, you don't live there. Boy, you don't live there; I live there. I've got my three -year -old little boy walking by the place. You know, with all due respect, no, thank you. As clearly as we can say it, the neighbors say no, thank you. We don't want it. So that's what we can do is tell you no, thank you. Commissioner Gort: Let me ask a question. That's like a gated community where you can only come in for two different places? City ofMiami Page 159 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Chair Suarez: No, it's not a gated community. Commissioner Gort: Well, it's not a gated community, butt mean, you can only have access for maybe one or two locations. Chair Suarez: Twenty-first Street and -- Commissioner Gort: This is an additional location where people can go in and out at this time. Chair Suarez: Correct. Commissioner Gort: Am I correct? Mr. Fernandez: That's correct. Chair Suarez: That would be closed. Commissioner Gort: What you're looking at is the ability to close that so people will not be able to go back and forth. The -- a lot of the neighbors a lot of times what their -- they don't want to see the domino effect to take place. Look, if you change the zoning here, you might change it in the other thing. One way you can do it is -- and this is just food for thought -- you can recommend a change of zoning without one foot of the whole perimeter of the property, maintaining it in T3. Chair Suarez: I'm not sure -- I mean, that's kind of -- Commissioner Gort: We've done that in the past. I don't know if -- Chair Suarez: The way I look -- and before you answer that - the way I look at it is simple. You have a business, okay. Whether we like it or not, it exists. It has a valid certificate of use. It is using the neighborhood to park its clients, its customers. It is using a vacant lot also to park its customers, and that's not good for the neighborhood. Whether it was a business that is wholesome or whether it's a business that you don't consider wholesome, I don't think it's good that that business, which is located primarily on Coral Way, is creating spillover problems, traffic problems. So by closing the wall, that business -- they may sell tomorrow. They may sell tomorrow to KFC. And the point is that the -- it's been improved for the neighbors, and that's the part that don't understand why -- andl thought we were on the same page on this, to be honest with you. I thought we had spoken about this, andl thought you agreed that it's better to have the wall there that protects and buffers a neighborhood, regardless of what kind of business is there. Now whether that business remains there or whether it gets sold to some other business, that's another issue, and you know, we can continue that effort. Andl -- andl think you know I'm a person that when I say I will, I do what I say. But, you know, I don't want to lose out on the opportunity to buffer this business, which is a Coral Way business, from the neighborhood. I don't want to lose that opportunity. I don't understand why you would. Mr. Coords: Because it's giving them a step deeper into our neighborhood. That's a residential lot. If they're parking in a residential lot, cite them because that's the law, right? Chair Suarez: And we do. And -- Mr. Coords: So keep doing it and shut that down, but don't give them more space into my neighborhood, man. Chair Suarez: But what happens is they don't only park in the residential lot. They can park along the swales of all these properties. City ofMiami Page 160 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Mr. Coords: Fine, then stick -- Chair Suarez: That's why the abutting property owners -- Mr. Coords: -- a residential parking zone only and put decals on -- like -- come on -- anywhere else, but don't give them more. Come on. Mr. Fernandez: Commissioner, ifI may point something out, and it's on the monitor right now. You can see that the south side of Coral Way benefits from a large T4-R buffer that allows parking to serve the commercial uses. This particular part of Coral Way on the north -- Chair Suarez: Right. Mr. Fernandez: -- because of the horse -shoe -shaped configuration and the fact that there's only one lot on Coral way doesn't allow parking for any of those commercial uses. Some of those commercial uses along that corridor tend to be the most popular restaurants on that portion of Coral Way. Chair Suarez: Right. Mr. Fernandez: The only opportunity for additional depth for parking is at the end of the horse shoe. That's where you can begin to mirror the condition that you have on the south side of Coral Way that at least provides some parking. Chair Suarez: Okay, this is what I'm inclined to do, okay. This is what they call a first reading, meaning that there's -- you have to take two votes on this. This does not get passed the first time. I'm inclined -- andl'll pass the gavel, ifI have to, to make the motion -- to recommend that we pass this on first reading. I'll make the appropriate Jennings disclosure between first and second reading, andl'll meet with you and the Planning director and, ifyou want, our Zoning director as well, who is the one that investigates certificates of use. You know, we can touch base again and see if we can come up with something that you can support and feel comfortable with, but you know, I just don't want to lose out on the opportunity to do something that's good for the neighborhood. Mr. Coords: Again, I speak for the neighbors daily on my walks around and, boy, I speak with them more than you do. I can tell you the neighbor -- Commissioner, so boy, I'm there with the neighbors. We don't feel it's beneficial. Mr. Fernandez: I kind of object to that. I've spoken personally with the neighbors. They have -- Chair Suarez: Listen. Mr. Fernandez: -- they don't -- that's not true. And they're -- and none of them were here at PZAB (Planning, Zoning and Appeals Board), none of them are here today, and most of them support us, except for you. Chair Suarez: Look, we're not going to go back and forth and -- Thankfully, until further notice, I represent the district, so whatl want to do is I'm going to make a recommendation. IfI have to make the motion, I'll make the motion for it to pass on first reading. We can have community meeting, if you like, and we can talk to all the neighbors, or we can go door to door, if you like, andl'll go door to door with you on a Saturday. You know, I find the whole thing -- this whole situation a little distasteful because I thought we talked about this, number one; number two, we've invested money in beautifying that area and that's part of that process. So, I mean, the whole thing is -- City ofMiami Page 161 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Mr. Coords: The money that you put into beautfing was part of the -- Chair Suarez: No, no, no, no, no, no. Mr. Coords: -- Club Aqua. What's going on with that? Chair Suarez: No, no, no. Part of -- the vision was to improve that whole entire area. Mr. Coords: Right. Chair Suarez: Okay. This, in my opinion, improves the area. Mr. Coords: Not in our opinion. Chair Suarez: Okay, and that's -- you're entitled to your opinion. Mr. Coords: Right, of course. America. Chair Suarez: So ifI have to move it, I'll move it. We'll discuss it between first and second reading and -- Commissioner Gort: Move it. Chair Suarez: -- on second reading -- Commissioner Spence -Jones: Second. Chair Suarez: It's been moved and seconded. It is an ordinance. Wait. Do I have to close the public record -- the public hearing? Yeah. We will talk about it between first and second reading, okay, Graham? Mr. Coords: Right. Chair Suarez: Okay. So is there anyone else that wishes to speak on PZ.1 -- I mean, PZ -- Maria J. Chiaro (Deputy City Attorney): 10. Chair Suarez: -- 10? Mr. Garcia: PZs.10 and 11. And may I request that the motions, if made to approve, that they be subject to the recommendations of the Planning and Zoning Department -- Chair Suarez: Yes, of course. Mr. Garcia: -- which also align with the recommendations of the PZAB? Chair Suarez: Of course. And would you be available to meet with the stakeholders? Mr. Garcia: Most definitely. Chair Suarez: Thank you. It's been moved and seconded. It's an ordinance. Ms. Chiaro: The ordinance for the land -use change. City ofMiami Page 162 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 The ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Dwight Danie (City Clerk): Roll call. Commissioner Carollo? Commissioner Carollo: Yes. Mr. Danie: Vice Chair Sarnoff? Vice Chair Sarnoff. Yes. Mr. Danie: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Mr. Danie: Commissioner Gort? Commissioner Gort: Yes. Mr. Danie: Chair Suarez? Chair Suarez: Yes on first. Mr. Danie: The ordinance has been passed on first reading, 5-0. Mr. Fernandez: Thank you very much. Ms. Chiaro: And -- Chair Suarez: Mr. Planning Director, can we not schedule that for second hearing until we've had --? Thank you. PZ.11 ORDINANCE First Reading 12-00839zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-O" SUB -URBAN ZONE AND "T5-O" URBAN CENTER ZONE TO "T4-O" GENERAL URBAN ZONE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2991 AND 2995 SOUTHWEST 22ND STREET, 2984 SOUTHWEST 21 ST TERRACE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 12-00839zc CC 10-25-12 Fact Sheet.pdf 12-00839zc Analysis, Maps, Zoning Referral & PZAB Reso.pdf 12-00839zc Application & Supporting Documentation.pdf 12-00839zc CC Legislation (Version 2) & Exhibit.pdf 12-00839zc Presentation- 2991 Coral Way, LLC.pdf LOCATION: Approximately 2991 and 2995 SW 22nd Street; 2984 SW 21st Terrace [Commissioner Francis Suarez - District 4] APPLICANT(S): Ben Fernandez, Esquire, on behalf of 2991 Coral Way, LLC City ofMiami Page 163 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with modifications* to City Commission on September 19, 2012 by a vote of 6-3. See companion File ID 12-008391u. *See supporting documentation. PURPOSE: This will change the above properties to "T4-O". Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Maria J. Chiaro (Deputy City Attorney): PZ.11 is also a part of this approval. Chair Suarez: Is there a motion on PZ.11? Commissioner Gort: So move. Commissioner Spence -Jones: Second. Chair Suarez: It's been moved and second. It's a public hearing item. Anyone from the public wishing to speak on PZ.11? We'll -- Mr. Coords, we'll incorporate your comments from PZ.10 into PZ.11. So his objections are noted for PZ.11 as well, and the same -- I make the same statements as well. Roll call, please. Ms. Chiaro: I need -- Dwight Danie (City Clerk): Roll call. Ms. Chiaro: -- to read the ordinance -- Mr. Danie: Yes, yes. Chair Suarez: Yes. Ms. Chiaro: -- and to notify the City Clerk that, with specificity, we needed to change the description of the property. So this is the ordinance, as amended. The ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Mr. Danie: Roll call. Vice Chair Sarnoff? Vice Chair Sarnoff. Yes. Mr. Danie: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Danie: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Mr. Danie: Commissioner Gort? City ofMiami Page 164 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Gort: Yes. Mr. Danie: Chair Suarez? Chair Suarez: Yes on first. Mr. Danie: The ordinance has passed on first reading, as amended, 5-0. PZ.12 ORDINANCE 12-00841 Iu First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF A PORTION OF FOLIO #01-4121-007-3850, MIAMI, FLORIDA, CONSISTING OF THE NORTHERN PORTION OF A VACANT IRREGULARLY -SHAPED PROPERTY LOCATED WITHIN THE BLOCK BOUNDED BY FLORIDA AVENUE ON THE NORTH, PLAZA STREET ON THE EAST, GRAND AVENUE ON THE SOUTH, AND DOUGLAS AVENUE ON THE WEST, THE LOTS IN QUESTION FRONT ON FLORIDA AND PLAZA, MIAMI, FLORIDA; A SECTION OF FOLIO #01-4121-007-3850 CURRENTLY DESIGNATED "SINGLE FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL", LESS A 25-FOOT DEEP PORTION OF THE LOT FACING FLORIDA AVENUE THAT REMAINS "SINGLE FAMILY RESIDENTIAL", AS PRESENTED BY THE PLANNING AND ZONING DEPARTMENT AND RECOMMENDED BY THE PLANNING, ZONING, AND APPEALS BOARD ("PZAB"), RESOLUTION PZAB-R-12-037, AND DEPICTED IN THE ATTACHED "EXHIBIT B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 12-008411u CC 11-15-12 Fact Sheet.pdf 12-008411u Analysis, Maps & PZAB Reso.pdf 12-008411u Application & Supporting Documentation.pdf 12-008411u CC Legislation (Version 3) & Exhibits.pdf 12-008411u Submittal- Williams Armbrister.pdf LOCATION: Approximately a Portion of Folio #01-4121-007-3850, Consisting of the Northern portion of a Vacant Irregularly -Shaped Property Located within the Block Bounded by Florida Avenue on the North, Plaza Street on the East, Grand Avenue on the South, and Douglas Avenue on the West, the Lots in Question front on Florida and Plaza [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Tony Recio, Esquire, on behalf of Theodore Roosevelt Gibson Memorial Fund, Inc. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with modifications* to City Commission on September 19, 2012 by a vote of 8-1. See companion File ID 12-00841zc. City ofMiami Page 165 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 *See supporting documentation. PURPOSE: This will change a portion of the above location to "Low Density Restricted Commercial", less a 25-foot deep portion of the lot facing Florida Avenue to remain "Single Family Residential". Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Suarez: What's next, Mr. Planning director? I'm going to ask you to chair the meeting real soon if we don't get out of here. Francisco Garcia (Director, Planning): The next items are PZ.12 and PZ.13. They are companion items. These are also a land -use change and a zoning change which would pertain to properties, and I'm going to describe them by folio number because the addresses are not available: folio number 01-4121-007-3850. Butl will tell you just for bearings sake that these are properties fronting Florida Avenue -- between Grand Avenue and Florida Avenue and between Plaza Street and 37th Avenue. That's Southwest 37th Avenue. The request here is to change the land use and rezone these parcels of land so that in the end -- and you will see here in the graphic that this is shown -- the effect would be -- they would go from T5-0 fronting Grand Avenue and T3-R in the rear portion fronting Florida Avenue with an NCD-2 (Neighborhood Conservation District) overlay to T5-0 still fronting Grand Avenue; T4-0 as an intervening zoning designation and T3-R in the end for the last 25 feet fronting Florida Avenue. All of that with an NCD-2 overlay, which is already in place and would remain in place. By way of brief explanation, I will tell you that we are treating this site in a manner very similar -- in fact, identical as that in which we treated the parcels that recently went through the Grove Village Major Use Special Permit process. And as I think the applicant will describe, the purpose here is to develop an affordable housing for senior residents in this parcel of land. The overall intent of our proposal and the reason why we recommend denial for the original application to recommend approval of what we've just described to you right now, as did the PZAB (Planning, Zoning and Appeals Board) at its time, is to maintain a 25 foot deep buffer between the more dense, more intense development to the south and the residential area to the north so that the Florida Avenue corridor will retain its residential character. We understand well that that is the desire of the community. We've certainly heard that loud and clear from them in many instances and we believe that this proposal in particular respects that objective. With that, I will yield to the applicant. Tony Recio: Good evening, members of the Commission, Mr. Chair. I'm here on behalf of Theodore Roosevelt T. Gibson Memorial Fund, the owner of the property; also the collaborative development corporation who is partner in this, as well as Pinnacle Housing, who is also a partner in this, to develop this elderly housing development. It's been fully funded by GOB (General Operating Bond) financing through Commissioner Xavier Suarez's office. I know that name is popular here. The -- I will be very brief in the explanation, as your Planning director explained everything pretty succinctly. Essentially, the property is the vacant lot right off of Grand avenue, Plaza Street and Douglas, and then Florida Avenue along the back. We are seeking -- our application actually seeks to rezone the entire rear portion of this to T4-0. The reason we need that is twofold: we need density and we need access from Florida Avenue. Florida Avenue at that point actually abuts T5, so it's commercial development. What we're asking for is a commercial category, but we're not asking for anything commercial. We don't want to build anything commercial, and in fact, we've submitted a covenant that says that we're not going to build anything commercial. It actually limits us to the restricted uses. The reason we need that commercial category is so that we can actually have that access. The re -- what we want to do with that -- I'll show you. Grand Avenue over here, we want to put a residential building in accordance with T5 restrictions. Right here on the ground floor of the residential City ofMiami Page 166 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 building we're going to have an educational community facility component in conjunction with local universities. Along the back what we'd like to do is -- these are actually triplexes. Vice Chair Sarnoff. Sony. Wait, wait, wait. Mr. Recio: Yes. Vice Chair Sarnoff. In conjunction with what university? Mr. Recio: With area universities. We're still working out the details of which universities. Vice Chair Sarnoff. UM (University ofMiami) is no longer involved? Mr. Recio: UM is not out of the picture. They were just -- there's also overtures from FIU (Florida International University) as well and there may be Miami Dade as well, so we're trying not to commit to any one right now. Dwight S. Danie (City Clerk): This is down so we need to -- if he -- the only recording we have is what they're doing back there. If not, we have to set something else up. Chair Suarez: Can -- Unidentified Speaker: (UNINTELLIGIBLE). Chair Suarez: Marco -- Mr. Danie: Okay, it comes up, comes up. Chair Suarez: Okay, let's go. Go ahead, sir. Mr. Recio: All right. Chair Suarez: Please continue. Mr. Recio: Sure. I'll be very quick. What your Planning director has explained is this buffer region, and actually, Commissioner Gort, you mentioned this in the last hearing. The concern is put -- leave something T3 so that no one can jump to the other side of the street. What we disagree on is the width of it, and I'll tell you why. They are proposing 25 feet just to keep this uniform from this side. We would ask for something less than that, and the reason we would ask if we go 25 feet, these buildings here have to go to two-story in order to be able to fit them. We'd prefer to keep them at one story. This is elderly housing. There's accessibility issues and we would prefer to have them separate, one-story buildings, and that's why we would ask for a -- you know, even a five-foot strip still accomplishes the purpose of not -- of introducing a T3-0 basically strip so that there can be no jumping. That's essentially it. I'm happy to answer questions if you have any. I know it's a long day. Chair Suarez: Okay. This is a public hearing item, PZ.12. Anyone from the public wishing to speak on PZ.12? Hearing none and seeing none -- I'm sorry? Williams Armbrister: Are these combined, 12 and 13?. Chair Suarez: Yes, yes. We'll do the discussion item for both, if you like. We can combine the discussion item for both, right? Okay. Mr. Armbrister: I'd like to ask -- City ofMiami Page 167 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Vice Chair Sarnoff. Can you please come to the micro phone, sir. Mr. Armbrister: My name is Williams Armbrister. I reside at 3260 Thomas Avenue. Chair Suarez: Perfect. Mr. Armbrister: And the thing that's always been a bit awkward when we address these items is thatl speak with no rebuttal, so I would like -- in this case I will be the defendant. I'd like the prosecutors to go ahead and speak their piece and then let me address the issue that they're trying to convince you that is good, ifI can make it a little simpler. Chair Suarez: No, no, I think you're making it very simple. Mr. Armbrister: And then after I address the -- their presentation, then they can come back and rebuttal -- Chair Suarez: Well -- Mr. Armbrister: -- because I have no rebuttal. Chair Suarez: -- I got you. I think they've made their presentation. Mr. Armbrister: But that's not the only person speaking on behalf of this item. Chair Suarez: It's not? Mr. Armbrister: No. They have other members. I'm not sure if Mr. Rashid or Ms. Gibson is going to speak on this item or any of the other developers here. And if they would go ahead and complete theirs, let me -- if you don't have a problem with that? Chair Suarez: No. Mr. Recio: We're done. Mr. Armbrister: Okay. Chair Suarez: That's the only person -- Mr. Armbrister: And after they're done, then I'll speak and then they can -- Chair Suarez: No, no. They're done, is what I'm try trying to tell you. He did -- Mr. Armbrister: So no one has to speak on this item? Chair Suarez: No. It's your turn, sir. Mr. Armbrister: Okay. All right then. Chair Suarez: Can you give this gentleman two minutes, please? Thank you. Mr. Armbrister: Okay, as far as -- The community has never endorsed this project. The Village Council has endorsed it. They don't endorse anything on behalf of the community that's being affected by this development. Rashid and his crew, they endorse it. They don't live in the community. The Village Council, none of the members live in our community. HOATA (Homeowners And Tenants Association), none of the members -- none of the -- the president City ofMiami Page 168 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 doesn't live in our community and he's a de facto president by the way because they haven't had an election since Will Smith has died, so this community is without representation. Andl would ask Commissioner Sarnoff if you would take a greater part in coming out to find out exactly what the community as a whole is desirous of and what our needs are because as it stands now, I was told by our Mayor that we had no representation. I thought that he was pointing at you, but now I understand he was pointing at the fact that there are no representatives and it wasn't you. I'm sorry. I apologize. We have no representation as a community. The pastors in Coconut Grove have representation. The pastors. Everyone -- Pointe Group has representatives. HOATA has representatives for the members of HOATA. But the residents, besides myself andl'm sure a few others, we're the only one that come out and speak in opposition to the developments which are coming in and tearing our residential community apart. We want houses facing houses. It's just that simple. Where they're talking about putting triplex units, the neighbors that are here that live in that area, they're opposed to it. They're opposed to having triplex units put -- you know, it's like adding insult to injury. I gave you the five page handout so you could look at. That's the insult. The insult is, first of all, that the money that is slated for home ownership for low- and moderate -income households is not going for that purpose. It's being used to build a development where at one time it's 60 units and then another time it's for rental units, another time it's for leasing units. Now it's to old folks units. And it's gone from 60 to 40 and now it's gone to 40 units, an ice cream parlor, some schools. We don't know what school; just we're going to flip a coin and decide what school's going to come in now. They're so undecided about everything about this project, except the money that they're consuming that should be used for other purposes. The County has a number of properties in our community. We're the only community in South Florida that does not -- has not been provided home ownership for low- and moderate -income families. They have it in Liberty City. They have it in Overtown. They have it in -- everywhere in South Florida except this community in Coconut Grove. Now I don't know what federal dollars have come to the City ofMiami for enhancing the communities, and the money -- or Dade County -- that is slated to -- is supposed to enhance the living conditions for the people that are currently living there, and it appears that the money is being used to give to developers to develop in a manner which the people that are currently living there can't stay. There's a problem with the system, andl believe that I've made it perfectly clear to each and every one of you what the problem is. And these triplex units should be single-family homes. The money was given to father Gibson's association society of Thelma Gibson, who nobody knows where the money's going. And that money that's been for rental, who's going to be renting them? It's for home ownership. There are no homes there. So the least they could do to take away some of the insult to injury that that money is being used for one location rather than various sites to provide home ownership for low- and moderate -income families. That's all I'm asking. You have no part in that. That money was given by Dade County. But what I am asking is that you build; you don't change the zoning; and allow those four properties to be built for home ownership and not rentals. We have enough rentals. We have enough senior citizens buildings in Coconut Grove. Matter of fact, when they built the senior citizens building in Coconut Grove on Grand -- on Douglas and US1, they said, Oh, yeah, you got housing for seniors now, but none of the seniors in that community can stay there. There's something wrong with the system andl'm asking that you address it. And, Commissioner Sarnoff, I'm asking that you come out in the community -- CAA (Community Action Agency), partly the Ministerial Alliance, but HOATA is definitely -- does not represent the interests of that part of Coconut Grove and neither does the Village Council. They represent the Village. You know that. They represent the Village people. And HOATA represents the people in HOATA, and the Ministerial Alliance represents the pastors and the churches. But as far as the people in the community I'm here to speak on behalf of not because I was elected but because I was selected -- and if they didn't select me, I would continue to be here on behalf of the residents of this community as well as the businesses. So if you'd like to ask the residents that are here do -- that live in that area do they want that in their neighborhood, they don't want it. Chair Suarez: Thank you. City ofMiami Page 169 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Mr. Armbrister: Thank you. Chair Suarez: Anything else? Any other member of the community wishing to speak on PZ.12 and 13? Or do you accept his comments as a representation of --? Do you accept --? Do you guys --? Okay, let's do something. Maybe to just -- if you -- raise your hand if you agree with his comments. Unidentified Speaker: (INAUDIBT,F) his comments. Chair Suarez: Okay, got you. Four hands up. Okay, thank you. Anyone else from the public wishing to speak on PZ.12 and 13? Seeing none and hearing none, the public hearing on PZ.12 and 13 is closed; coming back to this Commission. Vice Chair Sarnoff. Mr. Chair. Chair Suarez: Yes, sir. Vice Chair Sarnoff. Let me start with a couple comments to Mr. Armbrister in regards to what he said. As you know, about -- it's almost been a year, but I think it's been about eight, nine months, you provided to me $7.5 million of money that will inevitably -- well, let me put it to you like this. It's 1.5 million a year for the next five years. And you know, candidly, folks, Armbrister was one of my favorite guys to run against when I did run because he actually made some sense about some things. Mr. Armbrister: You're still my favorite guy. Vice Chair Sarnoff. And -- Chair Suarez: Let the record reflect that he said that he's still his favorite guy. Mr. Armbrister: That's right, nothing has changed. . Vice Chair Sarnoff. And -- could you put that down for a sec so I could at least see him? Thanks. Unidentified Speaker: (UNINTELLIGIBLE). Vice Chair Sarnoff. Well -- and let me just say that the $7.5 million, what we have done -- we know we have 3 million for sure and then, depending on who's President and a bunch of other things, we'll figure out how much more we get. We're doing urban infill housing -- Chair Suarez: I love it. Vice Chair Sarnoff. -- and we're doing it in concert with UM. Looks like Carlisle will be, you know, part of the solution, hopefully. We've hit some snags because the houses are coming out too expensive, in my opinion. I don't think $303, 000 is affordable. I'll be candid: I don't think $203, 000 is affordable. So I have to figure out a way to buy down these projects. So to -- so -- in one aspect, Mr. Armbrister, I want to agree with you, andl want to agree with you -- I think -- and by the way, I thought differently until I ran against you. I was in favor of actually a high-rise because you can make better use ofyour money on a high-rise scenario, but I've rethought my position. And the 7.5 million, or whatever the number will inevitably be, will go towards urban infill housing in your neighborhood. And you're welcome to see the project. It's in the very development stages. I think we're still -- we're going from snag to snag to snag, which means it never comes out the way you hope it does; it's always more expensive than you think it will be; and all the partners that say they're going to bring money to the table never City ofMiami Page 170 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 bring as much as they say, but I think we're working through the solutions. Interestingly enough, I'm going to have a meeting on Wednesday of next week with, believe it or not, a foreign government that is going to come in and is suggesting that they're going to actually put money in the Village West, andl know it's something that's too good to be true. You don't usually say it. I'm not going to tell you who the government is. It's -- don't worry; it's nobody of any controversy. But it's like if it's too good to be true, it probably isn't. But -- Mr. Armbrister: (UNINTELLIGIBLE). Mr. Danie: Excuse me. Vice Chair Sarnoff. No, no, no, no, no. It's actually -- it's a foreign government. It's actually a foreign government that has done this once before in Northwest Washington DC (District of Columbia), and they are going to sit and talk with us and see about how they can help with this project, and we're going to sit down and have a meeting. Now with regard to this particular project, some things you said don't necessarily disagree with. But the District 6 Commissioner for the County -- Chair Suarez: District 7. Mr. Armbrister: Seven. Vice Chair Sarnoff. Oh, sorry. Is it seven? Commissioner Carollo: Um-hm. Vice Chair Sarnoff. Sorry. The District 7 Commissioner for the County decided to put a lot of eggs, not all his eggs, in this basket, and he gave this money to these folks, and now it's my job to try to be consistent, it's my job to try to be reasonable with this, and it's my job to make it -- to make development happen in this particular area. I, again, agree with your comments: we need some infill housing, single-family infill housing. I didn't even allow anybody to design anything of a duplex because of the Bahamian roots, because Bahamians love their land and they love their dirt andl understand that, so I'm trying to stay consistent with that. But I'm not the one putting the money in this project, so it's my job at this point to do the zoning and to make sure this project happens because it is, I think, $8.5 million or more coming into your neighborhood. So for right now, based on what know and subject to the 25 foot setback for a T3 -- yeah, T3 -- I'm going to approve it on first reading. Now there's no doubt; a lot of the things you said were correct. This project started out this. It became this. It's now this. Andl sat with UM and they were going to be there and now it may not be UM. Mr. Armbrister: Right. Vice Chair Sarnoff. Then I'm told it's not going to be UM. I told them this is first reading. I'm going to sit and I'm going to approve it on first reading. I have my concerns. I have my thoughts. I would have preferred the District 7 Commissioner meet with me and suggest what his ideas were versus just putting the money there. Mr. Armbrister: Right. Vice Chair Sarnoff. But for right now, the right thing to do is keep this money earmarked for your neighborhood, keep the project moving. Where we can change things and make some modifications we will. We have to watch it very, very closely; I agree with that. I have my concerns. So I'm going to move to approve PZ.12 and PZ.13, but I'll start with PZ.12. I -- and just so you know, Mr. Armbrister, I've spent a lot of time in -- if you want to call it West Grove, if you prefer to call it Village West. I spent a lot of time on Florida Avenue. City ofMiami Page 171 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Mr. Armbrister: With the wrong people. Vice Chair Sarnoff. With the people. Mr. Armbrister: With people but not the ones that -- Vice Chair Sarnoff. With the people, with the people. Mr. Armbrister: -- need your presence, not the ones that elected you. Vice Chair Sarnoff. With the Florida Avenue folks. Mr. Armbrister: That's what I'm talk -- the ones that elected you, those people that need you, not the ones that -- Vice Chair Sarnoff. You know what. Mr. Armbrister: -- say give me the money and I'll build some homes. Of course, the people that -- in the community won't be able to stay here when we build the homes we want to build. That's why the money was slated for the low- and moderate -income families. That's -- give away -- you've given the money to one location. You didn't, but the money was given to one location and other $11 million -- the other $2.5 million are going to Pointe Group and so that leaves the residential component of our community nothing. Vice Chair Sarnoff. Well -- Mr. Armbrister: And you say you -- okay. But I'm not going to -- I'm debating with your argue but -- Vice Chair Sarnoff. No, I understand. Andl don't want you to (UNINTET,TIGIBT,F). Mr. Armbrister: But one million dol -- $1.5 million over five years -- Vice Chair Sarnoff. But you're not considering -- Mr. Armbrister: Right. Vice Chair Sarnoff. -- the $7.5 million that the District 4 Commissioner -- Mr. Armbrister: But -- Vice Chair Sarnoff. --from the City ofMiami could very well have contested against me and said I'm entitled to that money first. He could have given me a demographic study which would have shown he was entitled to that money first. Mr. Armbrister: But until we get it on paper, it's a promise that -- And if you look up promise in a dictionary, it's -- Vice Chair Sarnoff. Well -- Mr. Armbrister: -- something that is meant to be broken. Vice Chair Sarnoff. Let me -- City ofMiami Page 172 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Mr. Armbrister: I believe your intentions are well, but you know, we've got a lot of promises going on in this campaign season. We've got a lot of say -- you know, I will do this, I will do that, and it's campaign season, but until it's actually put to paper and the ground is broken, we're just another recipient of more promises, if you understand what I'm saying. Vice Chair Sarnoff. You know what -- every action taken by anyone, any contract starts at a -- Mr. Armbrister: If it's all right, I'd like to speak with you on a one-to-one basis as two homeboys, okay, and not take up any more of the Commissioners -- not take up anymore time here and because we both understand one another. You know I love you and all that good stuff and I do. And so thank you very much for your time and thank you all. Vice Chair Sarnoff. Thankyou. Chair Suarez: Thankyou. Vice Chair Sarnoff. So I will move to approve PZ.12. Commissioner Spence -Jones: (UNINTELLIGIBLE). Chair Suarez: There's a motion. Is there a second? Vice Chair Sarnoff. You hear that, Michelle? I'm a homeboy. Commissioner Spence -Jones: Now you're a homeboy. Chair Suarez: Is there a second -- Commissioner Spence -Jones: Second. Chair Suarez: -- for the homeboy's motion? Okay, there's a second. Commissioner Spence -Jones: I just wanted to add -- Chair Suarez: Yeah, I wanted to add something too but -- Commissioner Spence -Jones: Yeah. Chair Suarez: -- I wasn't sure, I've gotten enough pow powtoday. Commissioner Spence -Jones: I see Ms. Gibson here in the audience. I don't know if she had a chance to say anything at all, butl always like to at least pay respects to, you know, those that have -- Chair Suarez: Come before. Commissioner Spence -Jones: -- paved the way before us. Chair Suarez: Yeah. Commissioner Spence -Jones: I think it's great that finally we have some real projects happening from the West Grove side that will include, you know, her leadership. I'm glad to also see Rashid. Is that right? You know, that I don't see you guys at the mike upset about anything over there, so I'm glad to see that something is actually moving from that perspective in the West Grove. Only thing would want to make a recommendation is that -- I hate to see the division City ofMiami Page 173 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 happening on both sides. There's a group of homeowners here, people that have been in West Groves [sic] for God knows how long, and whenever we see these projects come up, I hate to see the division that it creates in the community. I would like to at least ask that there is a sincere effort to get back together before it comes back in front of this body to at least talk about some of the issues and some of the concerns that have come up because we just don't -- you know, we already don't have a lot, you know, in our neighborhood. So when you get something going, you don't want to see two groups that are fighting over something that possibly could be good. I love the idea that it is for seniors. My seniors are struggling every single day. They can't afford to find any place to live, you know. I'm glad to see that this facility will provide them with a good, clean place to live. I'm just hoping that as Armbrister, your homeboy, stated as he walked out of the place, that -- andl see Pinnacle, andl know they build beautiful projects so that's not --I know you guys are going to get it done. But I really want to make sure that those things that did come up, you know -- a lot of times we build these beautiful projects and the seniors can't afford to live in them. So I'm hoping that we're doing everything necessary to make sure that the people from the community will have a real opportunity to be a part of what's happening there. And if Commissioner Sarnoff wasn't going to say it, I would have said it if he didn't say it, but -- and Armbrister stepped out. I know that he does have a real commitment for, you know, definitely putting affordable housing back in the West Grove and providing support to that, andl knew the monies that were set aside that you actually trans [sic] over to his district to make that happen. So I know that he's committed to making that happen. You just have to have a balance of both. Yes, you need home ownership, but I'm telling you right now, you know, we make comments on the mikes, but we really don't understand how difficult it is to even, you know, not only build a house but to get somebody to purchase it in the market right now. It's not easy to sell houses. I can tell you right now with the Liberty City Trust, we're building these houses and it's very difficult to get people to purchase houses right now. So home ownership is a great idea, but in this market today, you know, it's very tough. So you know, I think what you guys are doing, the direction you're moving in, I think, is awesome. But by the time I'm sure that Commissioner Sarnoff has some of those projects coming to single-family homes and those kind of things coming out, the market would at least have changed by then. But I'm just glad to see that, you know, at least that kind of synergy is happening between the district Commissioner, 'cause usually I'm up here, you know, going between both the residents and the district Commissioner 'cause I am -- I do feel committed to this community. But really want to make sure that if nothing else, that there is a real conversation that takes place across the aisles between both groups that are trying to get things done. Chair Suarez: And ifI may. Commissioner Spence -Jones: And Ms. Gibson, would you like to put something --? Do you mind her putting something on the record, Commissioner Sarnoff? Vice Chair Sarnoff. No, not at all. Commissioner Gort: I'd like to just make a little statement. I worked with Mrs. Gibson, I would say, about 20 years ago and she's had great plans for that area. She has worked quite a bit. There was a need to create a school in there and she did it. She got the charter school to make sure that the kids in that neighborhood will get the right education. So I think your dreams are finally going to be coming through and state my congratulations to you for all the work you've done for that community. Thelma Gibson: I really don't want to speak about the project. Let me say good evening to all of you. I really want to thank you for considering this in the first place. Commissioner Spence -Jones: I think he was -- Ms. Gibson: Unfortunately -- City ofMiami Page 174 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Spence -Jones: He wants you to put your name -- Ms. Gibson: Unfortunately -- Commissioner Spence -Jones: They want you to put your name on the record. Ms. Gibson: Oh, Thelma Anderson Gibson, 3661 Franklin Avenue. Unfortunately, Mr. Armbrister feels -- Theodore Gibson's been dead 30 years and he still thinks that this is named because of Theodore Gibson and Thelma Gibson. He thinks that I've been talking to Commissioner Sarnoff. Poor Commissioner Sarnoff would tell you I have never been in his office to talk about the money that he has for our neighborhood. Mr. Armbrister, I'm sorry you think thatl -- Chair Suarez: He's not here. Ms. Gibson: -- have been talking to Mr. -- your soul brother here. Chair Suarez: Homeboy. Commissioner Carollo: Homeboy. Ms. Gibson: Andl guess take an affront to that because I truly would like to see things happening in Coconut Grove. I've lived there all of my life. I have never interfered. Unfortunately, for the Ministerial Alliance, the only person representing them is Mr. Armbrister. None of the ministers in this -- that service the churches in Coconut Grove live in Coconut Grove, not one, not one. I don't go to their meetings because everything has been against the Gibson memorial fund getting these funds. Unfortunately, for the community's sake, nobody realizes that Commissioner Suarez wrote the article's incorporation to incorporate the Theodore Gibson Memorial Fund back in 1983. And he, along with CPA (Certified Public Accountant), got our 501(C)3 for us, and so he has known us all these years, and he knew my late husband. And so when we went to him, we had a project. This has gone before the Homeowners and Tenants Association. We had a public hearing and everybody had opportunity to say something then. And knew he was waiting for me to come up and say something so he could argue with me, andl was determined that I wasn't going to say anything. And so that's why I didn't say, Commissioner. But I do want to thank the Commission for the consideration. Unfortunately, too, his mother sat here -- I tell this only because his mother sat here when we were trying to get zoning change for the parking lot on Florida Avenue for the Guts (phonetic) project, and she said it would only happen over her dead body. And we sat here. It was passed. We walked out. She asked me for a ride home; I took her home and, you know, we have been friends. So with all of his animosity that has come up as -- you know I'm too old to be up here arguing with somebody. But the Commissioner can tell you, I have never come to him asking for anything for this project. Vice Chair Sarnoff. That's true. Ms. Gibson: And so, you know, don't blame it on me. Chair Suarez: Thankyou, Ms. Gibson. Ms. Gibson: (UNINTELLIGIBLE). Chair Suarez: Thankyou. Ms. Gibson: Don't blame it on Commissioner Sarnoff, because I have not been to him and City ofMiami Page 175 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 requested anything. So that's all wanted to say. And again, thank you. Chair Suarez: Thank you, Ms. Gibson. IfI may, Vice Chair? Vice Chair Sarnoff. Yeah, sure. Chair Suarez: I just want to say that -- kind of reiterate why I allocated the funds. I think, you know, my recollection of my discussion with CD (Community Development), I was actually -- Initially, when I got elected, I was actually excited about the prospect of being able to do $7.5 million worth of affordable housing in my district. And as I got to know the Grove better and better -- even though I grew up playing basketball in Virrick and knew the Grove well from that perspective and had friends that live there and et cetera, but as I got to know the Grove better as a Commissioner, I realized that the need was more acute in that area, andl think -- you know, I - - you know, the Carlisle Group has come to talk to me and has shown me the project that they have in mind andl think it's so revolutionary, so amazing, and it's the only thing that I've seen that even has an opportunity to protect and save the Grove as we know it. Because I think we all know that every single day there's a possibility that the Grove gets smaller and smaller and smaller. It's gotten a lot smaller since I was a young boy and it's a daily encroachment. So I think that that project and your stewardship of that project is really the last hope for saving the Grove, andl'm excited about it. I'm glad did it. I haven't thought twice about it. You probably weren't too happy about it, andl'm sure it's caused a little bit more stress in your life and for that, I apologize. But you know, I think the positive to be taken from all this is -- it's kind of what you both said, which is there is an enormous amount of resources being pumped into this neighborhood, and there are rarely projects and there have been other projects we've voted on in the Grove area close by that are 100 percent unanimously embraced by everyone. You know, I just had a project in my district that I thought up until that moment was embraced by the community. And in prior meetings with the exact person who was there, I was led to believe that that was a viable solution and, to and behold you know, we get to this point and it's a little bit of a different story so -- you know, so -- you know, I just think that the good news is that there is upwards of close to $20 million offunds that are being invested into the Grove I think from both the 7.5 and somewhere in the vicinity of 8 to 10 -- Vice Chair Sarnoff. Eight and a halfl think is (UNINTELLIGIBLE). Chair Suarez: So, what, $17.5 million worth offunds that are being invested into the Grove, and that's a positive, you know. That's a very big pos -- that's exclusive of other projects that are happening in the Grove that I think are going to contribute to making the -- you know, positively impacting the Grove. So this is a -- Vice Chair Sarnoff. Chair. Chair Suarez: Yeah, yeah, of course. Vice Chair Sarnoff. You know, just to give you guys an idea or especially Commissioner Spence -Jones 'cause I know you have a -- I know your heart belongs there. We're taking sort of a page from Hurricane Katrina and we're taking a page from how they dealt with Hurricane Katrina because, in some respects, you could say almost like a hurricane over 30 years has happened to that particular neighborhood. And if anybody's wondering like what's he waiting for, the numbers are not coming out to what you andl would describe as affordable housing. I have got to figure a way out to make it affordable, andl'm going to look at every possible way, every avenue. I may have to defund some of my usual CDBG (Community Development Block Grant) money just to make it affordable. You would say to me $303,000? Come on, give me a break. I mean, there's no way any person in Coconut Grove is going to be buying that. And you'd be almost right at $203, 000, and we were hoping to get these in for 150, 140. We're not there. And you want to hold on to the quality. You want to hold on to the look. You want to City ofMiami Page 176 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 hold on to the feel. But right now the numbers are twice what they need to be, andl need to figure out a way to get them down by half. And it's almost like taking the City ofMiami budget and saying, all right, we got to cut this in half. It's hard. It's hard to do. So I want to give you a little update. You deserve the update, district Chair, because you gave me the money. Commissioner, you deserve the update because it's -- I understand it's your cousins. It's your -- it's who you, you know, see yourself as. But I also want you to understand, number one, this was a good project for me to get involved in. I did not understand affordable housing, and I'd hate to say I was right about it the whole time, but didn't understand it. It's a good exercise for me. It brings me into a place that need to be brought into, but it also forces the affordable housing folks to deal with me and for them to say, you know, you made a representation to me at the beginning. We're 150,000 beyond that representation. Now you tell me how we got here. And that's what they're going through. They told me they could do it for 150; we're at 303. Who put the extra windows in? Who put the --? And there's no answers yet, but we'll get there. I think we'll get there. In six months you'll have a project, but I think it's going to take those six months. And I'm going to disclose to you what I'm doing on Wednesday. I was contacted. No, I did not contact them. The Dutch Ambassador is coming to see me. And apparently, the Dutch nation adopted certainly Northwest Washington, DC and has put resources, money and ideas, into the redevelopment of Northwest Washington, DC. And they said to me, Would you be interested in Miami? Andl said, certainly. And candidly, Commissioner, I was thinking more for your neighborhoods, like I was thinking of Liberty City, Overtown. And they say, Well, we have an interest in West Grove. And said done. We'll meet. You know, it's easy 'cause I really expected to refer them to you, candidly. So that meeting occurs on Wednesday. My joke to them was unless you're bringing Ben Franklins and Jacksons, there ain't no reason to meet. And they said, We'll bring Ben Franklins and Jacksons. So I don't know what'll develop out of it, but you know what? I feel very disclosing. The man that provided the money, the Chair; a woman who has her heart in that neighborhood, that's as much as I know right now. You're welcome to take anything you want from Carlisle to see the kind of homes we're developing. Understand right now the numbers are not where they need to be. Chair Suarez: I believe there is a motion and a second. The public hearing has been closed on this item. Mr. Garcia: May I request two things? Chair Suarez: Yes. Mr. Garcia: First, if the motion is for approval, that it be approved subject to the conditions described by the Planning and Zoning Department, and also that those conditions include the covenant just proffered by the applicant. Vice Chair Sarnoff. That's correct. Chair Suarez: Okay. It's an ordinance. Victoria Mendez (Assistant City Attorney): And the title is going to reflect those changes. PZ.12. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Dwight S. Danie (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Mr. Danie: The ordinance has been passed on first reading, 5-0, as modified. City ofMiami Page 177 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 PZ.13 ORDINANCE First Reading 12-00841zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, BY CHANGING THE ZONING CLASSIFICATION FORA PORTION OF FOLIO #01-4121-007-3850, MIAMI, FLORIDA, CONSISTING OF THE NORTHERN PORTION OF A VACANT IRREGULARLY -SHAPED PROPERTY LOCATED WITHIN THE BLOCK BOUNDED BY FLORIDA AVENUE ON THE NORTH, PLAZA STREET ON THE EAST, GRAND AVENUE ON THE SOUTH, AND DOUGLAS AVENUE ON THE WEST, THE LOTS IN QUESTION FRONT ON FLORIDA AVENUE AND PLAZA STREET, MIAMI, FLORIDA; A SECTION OF FOLIO #01-4121-007-3850 CURRENTLY ZONED "T3-R" SUB -URBAN ZONE WITH AN "NCD-2" VILLAGE WEST ISLAND AND CHARLES AVENUE NEIGHBORHOOD CONSERVATION DISTRICT TO "T4-O" GENERAL URBAN ZONE WITH AN "NCD-2" VILLAGE WEST ISLAND AND CHARLES AVENUE NEIGHBORHOOD CONSERVATION DISTRICT, LESS A 25-FOOT DEEP PORTION OF THE LOT FACING FLORIDA AVENUE THAT REMAINS "T3-R" SUB -URBAN ZONE WITH AN "NCD-2" VILLAGE WEST ISLAND AND CHARLES AVENUE NEIGHBORHOOD CONSERVATION DISTRICT, MIAMI, FLORIDA, AS PRESENTED BY THE PLANNING AND ZONING DEPARTMENT AND RECOMMENDED BY THE PLANNING, ZONING, AND APPEALS BOARD ("PZAB"), RESOLUTION PZAB-R-12-037, AND DEPICTED IN "EXHIBIT B", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00841zc CC 11-15-12 Fact Sheet.pdf 12-00841zc Analysis, Maps, Zoning Referral & PZAB Reso.pdf 12-00841zc Application & Supporting Documentation.pdf 12-00841zc CC Legislation (Version 3) & Exhibits.pdf LOCATION: Approximately a Portion of Folio #01-4121-007-3850, Consisting of the Northern portion of a Vacant Irregularly -Shaped Property Located within the Block Bounded by Florida Avenue on the North, Plaza Street on the East, Grand Avenue on the South, and Douglas Avenue on the West, the Lots in Question front on Florida and Plaza [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Tony Recio, Esquire, on behalf of Theodore Roosevelt Gibson Memorial Fund, Inc. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with modifications* to City Commission on September 19, 2012 by a vote of 8-1. See companion File ID 12-008411u. *See supporting documentation. PURPOSE: This will change a portion of the above location to "T4-O" with an "NCD-2", less a 25-foot deep portion of the lot facing Florida Avenue to remain "T3-R" with an "NCD-2". City ofMiami Page 178 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Vice Chair Sarnoff. Mr. Chair, I make the same motion for PZ.13, as modified. Commissioner Spence -Jones: Second. Chair Suarez: The public hearing was opened and closed on PZ.12 and 13. It is an ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Dwight S. Danie (City Clerk): Roll call. Commissioner Gort? Commissioner Gort: Yes. Mr. Danie: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Danie: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes, with the understanding that both sides will sit down and talk before it comes back in front of us. Mr. Recio: We'll do that. We will do that. Mr. Danie: Vice Chair Sarnoff? Vice Chair Sarnoff. Yes. Mr. Danie: Chair Suarez? Chair Suarez: Yes. Mr. Danie: The ordinance has been passed on first reading, as modified, 5-0. PZ.14 ORDINANCE 12-00923zc First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T4-R" GENERAL URBAN ZONE AND "T5-O" URBAN CENTER ZONE TO "T5-O" URBAN CENTER ZONE (THE EASTERN PORTION +/- 27,143 SQUARE FEET OF BLOCK ONLY), FOR THE PROPERTY LOCATED AT APPROXIMATELY 7301 BISCAYNE BOULEVARD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 12-00923zc CC 11-15-12 Fact Sheet.pdf 12-00923zc Analysis, Maps, Zoning Referral & PZAB Reso.pdf 12-00923zc Application & Supporting Documentation.pdf 12-00923zc CC Legislation (Version 2) & Exhibit.pdf City ofMiami Page 179 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 LOCATION: Approximately 7301 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lucia Dougherty, Esquire, on behalf of Vagabond Motel, Inc., Owner and Avra Jain / Googie Enterprises, LLC, Contract Purchaser FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on September 19, 2012 by a vote of 9-0. PURPOSE: This will change the property to "T5-O". Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Suarez: PZ (Planning and Zoning) -- what's left, PZ.14? Francisco Garcia (Director, Planning): PZ.14 -- Chair Suarez: Okay. Mr. Garcia: -- which is the last PZ (Planning & Zoning) item. This is the parcel of land at 7301 Biscayne Boulevard, better known as the site for the Vagabond Motel, the historic Vagabond Motel. The request here is to take the eastern portion of the parcel, which is presently zoned T4-O to T5-O. In this case we don't have a land use change; solely a zoning change since the land use is appropriate for what is being proposed The resulting change will actually allow for the historic Vagabond Motel to have as many lodging units as the original motel did, and the intent is precisely that, is to basically refurbish and accommodate the historic use once again on that parcel. I will also mention that the Planning, Zoning and Appeals Board recommended approval unanimously, andl would invite also the applicant to make mention of the covenant they proffered because I think it will go a long way towards supporting the application. Lucia Dougherty: Good afternoon or good evening, Mr. Chairman, members of the Commission. Lucia Dougherty, with offices at 333 Avenue of the Americas. I'm here today with Dean Lewis, who is our architect, andArva Jane, who has been here all afternoon; had to go to a board of directors meeting. As the Planning director mentioned, the property is the old Vagabond Hotel [sic], which is located at 70 -- between 73rd and 74th Streets on Biscayne Boulevard, and it's interesting because it's the only site on Biscayne Boulevard that doesn't have an alley running through it. In 1953 when the Vagabond Hotel [sic] was built, it was built on the entire lot, and it is a historically designated property. And furthermore, the Historic Preservation Board has already approved these plans for the renovation of the building. It's going to be somewhat like the standard hotel in Miami Beach, if you know it. It's on the Venetian Causeway and it's a low-rise motel that's going to have a spa and a renovation of the building. Now what's interesting is in 11000, the entire site was zoned C-1, and the comp plan is continuing to be restricted commercial, but somehow under Miami 21 they split the property in half. But not only did they split the property in half, they split the building in half, meaning that even though we have a historic -- okay, you want me to stop. Commissioner Gort: They cut the building. Ms. Dougherty: They cut the building right in half. And the units, the hotel units that are on the rear here, cannot be used under the T4-R 'cause it's not permitted So we have a restoration City ofMiami Page 180 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 project. We have a Historic Preservation Board approval to renovate a project for a hotel which we can't use in the rear under the current zoning, so that's the reason we're asking for this approval and we hope you can support it. Chair Suarez: Thankyou. Anyone from the public wishing to speak on PZ.14? Hearing none and seeing none, the public hearing on PZ.14 is closed. Vice Chair Sarnoff. Mr. Chair, I'd like to make a motion to approve. Chair Suarez: Motion to approve. Commissioner Spence -Jones: Second. Commissioner Gort: Second. Commissioner Carollo: Second. Chair Suarez: Been seconded. It's an ordinance. Maria J. Chiaro (Deputy City Attorney): An ordinance of the Miami City Commission, with attachments, amending zoning atlas -- Commissioner Gort: That's an improvement to the area. Ms. Chiaro: -- of -- Commissioner Spence -Jones: Yeah. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Dwight S. Danie (City Clerk): Roll call A roll call was taken, the result of which is stated above. Mr. Danie: The ordinance has been passed on first reading, 5-0. Chair Suarez: Thankyou. That concludes our P&Z -- Ms. Dougherty: And thank you very much. Chair Suarez: -- agenda. You need a second to switch over? No? PZ.15 ORDINANCE First Reading 12-00155Iu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF SELECTED REAL PROPERTIES APPROXIMATELY ON THE EAST SIDE OF SOUTHWEST 27TH AVENUE BETWEEN SOUTHWEST 9TH STREET AND SOUTHWEST 16TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO City ofMiami Page 181 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 "MEDIUM DENSITY RESTRICTED COMMERCIAL"; FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" AND "DUPLEX RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES"; FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY MULTIFAMILY RESIDENTIAL"; FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; AND FROM "SINGLE FAMILY RESIDENTIAL" TO "LOW DENSITY MULTIFAMILY RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 12-001551u CC 10-25-12 Fact Sheet.pdf 12-001551u Analysis, Color Maps, Sch. Brd. Conc. & PZAB Reso.pdf 12-001551u Supporting Documents.pdf 12-001551u Fully -Executed CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately on the East Side of SW 27th Avenue between SW 9th Street and SW 16th Street [Commissioner Francis Suarez - District 4] APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval, which fails, constituting a denial to City Commission on June 20, 2012 by a vote of 2-5. See companion File ID 12-00155zc. PURPOSE: This will change certain properties above to "Medium Density Restricted Commercial', "Major Institutional, Public Facilities, Transportation and Utilities" and "Low Density Multifamily Residential'. Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PZ.15 was deferred to the February 28, 2013 Commission Meeting. PZ.16 ORDINANCE First Reading 12-00155zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, BY CHANGING THE ZONING CLASSIFICATION LOCATED APPROXIMATELY ON THE EAST SIDE OF SOUTHWEST 27TH AVENUE BETWEEN SOUTHWEST 9TH STREET AND SOUTHWEST 16TH STREET, MIAMI, FLORIDA, FROM "T4-R" GENERAL URBAN TRANSECT ZONE TO "T5-L" URBAN CENTER TRANSECT ZONE, FROM "T4-L" GENERAL URBAN TRANSECT ZONE TO "T5-L" URBAN CENTER TRANSECT ZONE AND FROM "T3-R" AND "T3-O" SUB -URBAN TRANSECT ZONES TO "T4-R" GENERAL URBAN TRANSECT ZONE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 182 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 12-00155zc CC 10-25-12 Fact Sheet.pdf 12-00155zc Analysis, Color Maps & PZAB Reso.pdf 12-00155zc Supporting Documents.pdf 12-00155zc CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately on the East Side of SW 27th Avenue between SW 9th Street and SW 16th Street [Commissioner Francis Suarez - District 4] APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends denial to City Commission on June 20, 2012 by a vote of 6-1. See companion File ID 12-001551u. PURPOSE: This will change certain properties above to "T4-R" General Urban Transect Zone and "T5-L" Urban Center Transect Zone. NOTE(S): During Role Call, Mr. Pina stated for the record (in summary), many of them [PZAB members] might be in favor, but not as presented in its present form, so the City Commission gets the interpretation that they are not against it. However, they do not think the zoning, the way it appears to be scaled down, is not the appropriate one. Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PZ.16 was deferred to the February 28, 2013 Commission Meeting. PZ.17 ORDINANCE First Reading 12-00941zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 1, SECTION 1.3, ENTITLED, "DEFINITIONS OF SIGNS", TO ADD, REMOVE AND REPLACE DEFINITIONS FOR SIGN REGULATIONS; AMENDING ARTICLE 4, TABLE 12, ENTITLED, "DESIGN REVIEW CRITERIA"; REMOVING ARTICLE 6, SECTIONS 6.5.1 THROUGH 6.5.3 ENTITLED, "SIGN STANDARDS"; AMENDING ARTICLE 7, SECTION 7.1.2.9, ENTITLED, "SIGN PERMITS" AND SECTION 7.2.9, ENTITLED, "NONCONFORMING SIGNS"; AND ADDING A NEW ARTICLE 10, ENTITLED "SIGN REGULATIONS"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00941zt CC 10-25-12 Fact Sheet.pdf 12-00941zt CC Legislation (Version 3).pdf LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami City ofMiami Page 183 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 PZ.18 12-00616ha FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on October 17, 2012. PURPOSE: This will create a new article in the Zoning Ordinance in order to establish new and updated sign regulations to replace existing regulations in Article 6, which establishes new and revised definitions, adds review criteria and proposes new regulations to stay up to date with changing technology and business demands. Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION 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 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. City ofMiami Page 184 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 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-12-0412 Chair Suarez: PZ.14. Tony Recio: Mr. Chair, if I could ask for your indulgence to take PZ.18 out of order so I can get to --? Chair Suarez: Okay, go ahead. PZ.18. I know you have to get somewhere. Mr. Recio: Yeah. I will be very -- Commissioner Spence -Jones: PZ.18? Chair Suarez: Yeah. Commissioner Spence -Jones: You don't want to do PZ.14? Chair Suarez: He needs to go. Can we -- Commissioner Spence -Jones: Oh. Chair Suarez: -- do PZ.18? Mr. Recio: I have to get to another hearing. Commissioner Spence -Jones: No problem. Mr. Recio: I'm sorry. Thank you for accommodating. I'll be very quick. Francisco Garcia (Director, Planning): IfI may very briefly introduce the item. Mr. Recio: Oh, please. Mr. Garcia: Just very briefly, because I think we can sort it out this way. Item PZ.18 is an appeal from a HEP (Historical and Environmental Preservation) Board decision, a -- actually partial denial of a certificate of approval for a parcel at 1001 Northwest North River Drive. Our original recommendation was for denial. Ever since then we have -- for denial of the appeal. Ever since then we have had an opportunity to discuss this matter with the neighborhood association, and we understand that the applicant has met with them and they have come to terms with what they are proposing. We have also subsequently done internal research to determine that there are a number of exceptions that had been made over the years to the color palette that is partly the subject of this particular appeal, and there is no objection at this point in time from staff to the color that is being proposed. As pertain to the driveway, it is a significant improvement over what was there previously, and we understand there is no objection on the part of homeowners association and we, therefore, withdraw our objections to that. That being said, I'll yield to the applicant for presentation. Chair Suarez: Sure. Commissioner Spence -Jones: So I see my Spring Gardens [sic] association. Can you guys step up? Because I know we were going back and forth -- all three of y'all, that's fine. Have a contingency here. I know that I asked in the last meeting that you guys sit down with the City ofMiami Page 185 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 property owner to try to figure out -- to try to work through it. So am I hearing that this has been worked out? Because the last briefing we had was -- Did they have to paint the house? They're repainting the house? Mr. Garcia: No. But I wanted to make sure I introduced on the record clearly is that subsequent research -- and they prompted -- this research in particular has yielded that since over time there have been numerous exceptions granted to the color palette, we were previously under the impression that the color palette had been held steadfastly. That is not the case. In fact, the preservation office has in the past made recommendations for there to be departures from the color palette. Since the color in particular for this structure seems to be agreed upon by the neighborhood association, we withdraw our objection to it. Commissioner Spence -Jones: Okay. So you supporting this? Eileen Broton: Eileen Broton. I'm vice president of the association. I think the color palette was not really acceptable when we became historic, and it was somehow imposed because it was put on a web site -- on the web site and we really didn't even know about it. And it was never the intention of this neighborhood when we became designated that we have one, and that was one of the stipulations. So we are very concerned about that, and we are in agreement that we'll discuss that. So we feel that with these issues, I'm not clear -- we're not clear that the HEP Board received enough appropriate information when they made this decision. So we're not saying we don't support the HEP Board. We're saying that we're not -- I'm not clear that they got enough information when they made the decision. Commissioner Spence -Jones: So we are supporting this? Ms. Broton: So we -- we're not -- we would not object to this. Commissioner Spence -Jones: Okay, that's what I need to hear. Tony, you must have been working hard, boy. Lights coming back out -- coming back on again, huh? Giola DeCarlo: Giola DeCarlo. I'm president of the Spring Garden Civic Association, andl don't have much to add to what Eileen said. We do take the position that a color palette does not apply in Spring Garden, and we are not objecting to what this neighbor has done. And we do support the HEP Board, but we do feel that all the information -- all the relevant information wasn't before it regarding these issues. Thank you. Chair Suarez: Thank you. Charles J. Flowers: Charles J. Flowers, a board member, Spring Garden. When we became a historic neighborhood under Sarah Eaton, I told her, in this neighborhood, we have no color scheme, and that's in the record. There is no color scheme at all in Spring Garden. Commissioner Spence -Jones: Okay. Mr. Flowers: Have to put everything else -- And thank you -- Commissioner Spence -Jones: Okay. Mr. Flowers: -- Mr. Gort. Commissioner Spence -Jones: Thank you, Mr. Flowers. So with that, so moved. Chair Suarez: It's been moved. City ofMiami Page 186 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Gort: Second. Chair Suarez: Is there a second? The public hearing on PZ.18 is closed. Move to accept the Planning recommendations of -- Maria J. Chiaro (Deputy City Attorney): It's a motion to grant the appeal, thereby -- Chair Suarez: Thank you. Ms. Chiaro: -- awarding the certificate of appropriateness. Chair Suarez: Perfect. As stated. Commissioner Spence -Jones: Is the homeowner here? Mr. Recio: Yes, he's here in the audience. Commissioner Spence -Jones: Are you -- I know you have to be happy. Chair Suarez: Finally. Commissioner Spence -Jones: All right. Congratulations. I'm glad you guys worked it out. Chair Suarez: It's a beautiful house. Commissioner Spence -Jones: And welcome to the district. Chair Suarez: Ordinance. It's an ordinance. Sony? Vice Chair Sarnoff. It's a resolution. Chair Suarez: Oh. Commissioner Gort: Resolution. Mr. Garcia: Resolution. Chair Suarez: Oh. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Mr. Recio: Thank you. Good night. Thank you for taking me out of order. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 City ofMiami Page 187 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 D1.1 12-01176 COMMISSIONER WIFREDO (WILLY) GORT DISCUSSION ITEM DISCUSSION CONCERNING TEMPORARY EMPLOYMENT (DIRECT HIRING VS. USING TEMPORARY AGENCY). 12-01176 Email - Temporary Empolyment.pdf DISCUSSED Commissioner Gort: DI --1.2, an update on resolving the IT (Information Technology) capital needs. The City auditors found internal control and policy and procedures were inadequate ensure that technology access and ability daily operation and financial process are well protected from security threats and environmental condition and that the operation continue to resume timely manner in event of disaster. Now, staff responded with the finding there was no funds identified to take care of that, of the -- all the facility that we have at the police stations and Boca Raton where they had the additional facility. The staff response to finding from the police staff was that there was no funding identified to mitigate the issue. Now my question is, the recommendation of staff, the main stream system is part of the local mitigation strategy such that we should look at UASI (Urban Areas Security Initiative) for the funding for that type of facility. I mean, that facility is controlled all the computer, all our system in case of a storm. So I think we discussed this before. The police budget does not have the money to do so, but think through UASI, we can do so. Yes, ma'am. Cindy Torres: Cindy Torres, interim IT (Information Technology) director. As a matter offact, there is a meeting set up for November 1 with Police and Fire to discuss what our options are and look for different opportunities that may be available, and we'll be happy to report back to the Commission. Commissioner Gort: Thank you. I appreciate it, because that's very important. Ms. Torres: Absolutely. Commissioner Gort: I mean -- Ms. Torres: Great opportunity. Chair Suarez: Commissioner, can I just jump in on that? Commissioner Gort: Sure, go right ahead. Chair Suarez: Few things. Ms. Torres, where are we on the CU/BTR (Certificate of Use/Business Tax Receipt) online? Ms. Torres: Thank you for asking. As a matter offact, the CU/BTR project, today there is an interim solution out there that is partially automated. The full-blown solution is in process right now. The date that have from the team places it out into 2013, so I'm working internally to put more resources out so I can pull it in. What we have delivered is another solution that will allow online invoice payment from anyone who receives a invoice from the City and that's going to be rolling out in the next three weeks. Chair Suarez: And there's a little bit of glitches on that because I got the bill for the permit -- an alarm permit, and when I went to try to pay for it online, the numbers like on my bill didn't kind of equate with what the requests were, andl think -- I don't know if we communicated that to City ofMiami Page 188 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 you or not. But if we didn't, you know, I'd like to show it to you. Ms. Torres: Absolutely. Chair Suarez: And -- 'cause it -- like things that it was asking for in the form online was not the same as the information that was on the actual bill. Ms. Torres: Absolutely. And the piece that I'm talking about that's coming out in three weeks replaces that system. Chair Suarez: Okay, good. Ms. Torres: And so I'll be happy to come in and work with you. Chair Suarez: But you know what; let's meet after -- Ms. Torres: Okay. Chair Suarez: -- that's replaced 'cause there's no point in trying to fix something that you're about to fix. Ms. Torres: Okay. Chair Suarez: The second thing is -- yeah. The second quick thing is have we ever done -- 'cause -- two City Managers -- no. The last City Manager -- three City Managers in, we toured the network access point, the NAP, and we talked about the possibility of going to a Cloud, a computing system, because as the Commissioner just stated right now, we have things that are still on the mainframe, et cetera, et cetera. And obviously, one of the major issues with technology is you have -- you put in a big capital investment and technology just doesn't last very long. It's always -- it's one of the neat things about being on the Cloud is, first of all, everyone can access the information, which makings it a lot easier from anywhere in the world or from anywhere. Secondly, you don't constantly have to update your capital needs; you simply -- that's being done for you and you're paying a fee to be managed and stored et cetera. And so one of the things that, I think, to me was a little bit of frustration from the Administration -- this is not a reflection of this Manager. This was actually several managers ago -- was that there was never really a comprehensive effort to do an analysis of you know, how much money we're spending on our infrastructure and how much we could potentially save present and future on the Cloud system so, you know, just food for thought. Ms. Torres: I'm -- thank you very much. I'm glad you brought that up. I'll actually provide some additional information. I put together a strategy that will help us move to the Cloud over time. We brought in some major vendors to give us samples and some demonstration of what we can achieve, so our goal is to initially push all of our backups to the Cloud and that would be in the next -- in this coming year. In addition, we'd like to take down the Coral Springs disaster recovery site and get rid of those servers and push those to the Cloud so that if we have a hurricane, we'll be able to access everything over the Cloud. Eventually, we'd like to move all of our data sources out to the Cloud, but we want to do it in the appropriate amount of incremental steps to be sure that we vet any issues that come up. But I think that over time, we'll end up saving significant amount of money. Chair Suarez: Thank you. Thank you, Commissioner -- Ms. Torres: No problem. Chair Suarez: -- for allowing me to ask a question. City ofMiami Page 189 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 D1.2 12-01177 D2.1 12-01161 D2.2 12-01128 D3.1 12-00756 DISCUSSION ITEM UPDATE ON RESOLVING IT CAPITAL NEEDS. 12-01177 Email - Resolving IT Capital Needs.pdf DISCUSSED END OF DISTRICT 1 DISTRICT 2 VICE-CHAIRMAN MARC DAVID SARNOFF DISCUSSION ITEM DISCUSSION ON FINAL INSPECTION PROCESS PRIOR TO ISSUANCE OF COs AND CUs. 12-01161 Email - Final Insp. Process - COs & CUs.pdf DISCUSSED Chair Suarez: Vice Chair. Vice Chair Sarnoff. D2.1, congratulate the City Manager. He took care of it. He took final inspection process from, if you guys didn't know this, Code Enforcement, and it is in the Building Department, so people who actually read plans will actually do the final COs (Certificates of Occupancy). That's not the way we used to do it. With regard to status on police -- so thank you, Mr. Manager, for listening, and it was budgeted and it's all taken care of. DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 12-01128 Email - Status - Hiring Police Officers.pdf CONTINUED Vice Chair Sarnoff. With regard to the status on hiring of police officers, I'll just not go forward with that. END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO DISCUSSION ITEM DISCUSSION ON ORDINANCE 13312 - EXCAVATED SITES. City ofMiami Page 190 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 12-00756 Email - Excavated Sites.pdf DISCUSSED Direction by Vice Chair Sarnoff to the City Attorney to bring back five perspective pictures of the current condition of the property located at 1430 South Miami Avenue for discussion at the January 10, 2013 City Commission meeting. Chair Suarez: D3.1. Commissioner Carollo: Thank you. And if you give me a second -- Chair Suarez: Sure. Commissioner Carollo: -- I want Judy from my office to be able to hook up the computer. And, you know, we said today that a picture states a thousand words, so I -- I'm going to have D3.1 and D3.2 will both have pictures. And this is basically an update on the ordinance that we passed on excavated sites. Okay, here was the original issue, which is an excavated sites [sic]. And as we know, with the building boom, a lot of companies and builders were, you know, rushing to build; however, a lot of these projects did not get built because the finance and there wasn't any funding. So what happened, they just became excavated sites. And you can see here up on the top a little girl playing, and what you do not see is that there's actually an opening there where she's right next to the edge and she could actually fall, and that backpack is actually on the inside of the fence. So that was before. Look how big this excavated site was, and this was on 22ndAvenue -- Chair Suarez: (UNINTELLIGIBLE) Avenue. Commissioner Carollo: -- between 6 and 7 Street, and you know where it is. We all seen this big hole. There's another picture of it. There's another picture of it. Okay. Thanks to the ordinance that, you know, and thank you to this Commission that we passed, you're seeing now that it has been filled. And what I'm showing is that the ordinance that we're passing are working and we are making a difference. Here's another site. This is on 702, so 7th Avenue and Southwest 1st Street. And once again, here I took pictures when they were actually filling up the excavated site. Here's when it was filled up, so it makes quite a big [sic] of a difference. And again, more than anything, I wanted to give an update of an ordinance that we did pass and we show how, you know, we are making improvements and the ordinance that we pass are working. Also, by the way, 1004, 1006Southwest 3rdAvenue was also filled. So was 45 Southwest 8th Avenue was also filled, another excavated site that was filled And we have on 14th Avenue and Southwest 1st Street, actually a permit renewed to start construction once again, andl think the permit was quite a bit. It was about 80 -- I'll yield to you, Madam City Attorney. It was about 85,000 or so. Veronica Mendez (Assistant City Attorney): Yes, it was 85,000. And you were instrumental in making them actually pay and start building and they're already building right now, I mean, pretty high already. Commissioner Carollo: Yeah. So once again, these ordinance [sic] are working. I also want to mention that, you know, El Nuevo Herald and the Miami Herald did a great, excellent job, you know, with the stories behind these excavated sites. And again, more than anything, it's an update and thanking this Commission. Chair Suarez: Great. Vice Chair Sarnoff Can I justjump in 'cause I have a site that I think you're involved with it. You know, the one which is in, I think, bankruptcy. City ofMiami Page 191 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Ms. Mendez: Yes. The one in front of (UNINTELLIGIBLE) -- Vice Chair Sarnoff. Yes. Ms. Mendez: -- and -- yes. They are -- Vice Chair Sarnoff. Why don't you ask -- well, go ahead. I'll let you tell me. Ms. Mendez: Well, that case, we actually had to sue them for them to start getting their ducks in a row. Unfortunately, they entered into bankruptcy so it took a little longer. It took about a year. But now they're getting their permits and they should be building soon as well, and that was one that started the ball rolling with the City's enforcement on these open sites. Vice Chair Sarnoff. They're no longer in bankruptcy? Ms. Mendez: They're no longer in bankruptcy, and they are actually paying our costs for the lawsuit that we started against them, so that's -- and they're pulling their permits as well -- Vice Chair Sarnoff. In -- Ms. Mendez: -- and they're paying their fees. Vice Chair Sarnoff. -- the January meeting -- first meeting in January, would you bring five different perspective photographs of the condition of that site? Ms. Mendez: We will work with Administration. Vice Chair Sarnoff. But I'm asking as a directive to you, bring it as a discussion item. Ms. Mendez: Okay. Vice Chair Sarnoff. All right. Chair Suarez: Thank you. Commissioner Spence -Jones: I -- Chair Suarez: Go ahead. Commissioner Spence -Jones: -- andl think it looks awesome. It's wonderful to see the ordinance actually working. I just want to just get a sense from Administration, what was the cost to fill a hole? Commissioner Carollo: No -- Ms. Mendez: Well, these -- Chair Suarez: They filled it themselves. Commissioner Carollo: They actually -- after we notified them -- Commissioner Spence -Jones: No, no, no. I'm not talking -- I'm talking about the first two that you showed me. Commissioner Carollo: Right. After we notified them -- City ofMiami Page 192 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Spence -Jones: They paid? Commissioner Carollo: -- and they knew that the City was going to come and do it and it was probably going to cost them five times as much, they actually did it themselves. Commissioner Spence -Jones: I'm just curious how much it cost anyway. Do we know? Commissioner Carollo: Well, they did it themselves. So the owners actually filled it themselves so we don't know what the cost was, but -- Ms. Mendez: Right. We haven't had to do it any of these fills. They had done it themselves, which is the beauty of it. We've cited them, sent letters, and because of the ordinance, they've done it themselves, which is great. Commissioner Spence -Jones: Okay, great. Chair Suarez: So -- and let me just clam it because the Assistant City Manager and myself went to a site on Coral Way close to 32nd Avenue and he -- I think what's happened on that one is, unfortunately, they haven't responded as well as some of the other property owners, unfortunately. But I think what we both decided was we're going to go forward with legal action, so you're going to file suit. Ms. Mendez: Right. That one -- right now we're drafting -- I'm drafting the -- Chair Suarez: Complaint. Ms. Mendez: -- pleadings to sue them, like we did the two other properties that we had to sue. Chair Suarez: Andl thinkl have another one on -- I want to say it's Flagler, very close to 50th. It's a smaller lot, much, much smaller than the one on Coral Way, but it's close to our fire station. Ms. Mendez: Then the -- Building will have to look for that one. Chair Suarez: That's fine. Commissioner Carollo: Yeah. This -- by the way, all this that I showed was at no cost to the City. Commissioner Spence -Jones: Good. Commissioner Carollo: So you know -- Chair Suarez: And we got to permit fee. Commissioner Carollo: Yes. Well, actually -- we actually received monies because they had to pull permits, including the other ones that I'm -- that read. So it's actually -- Commissioner Spence -Jones: Well done. Commissioner Carollo: -- real good, and the ordinance is working. Commissioner Spence -Jones: Well done. City ofMiami Page 193 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Carollo: Thank you. Chair Suarez: Congrats, congrats. D3.2 DISCUSSION ITEM 12-01136 DISCUSSION REGARDING WORK PERFORMED BY OTHER GOVERNMENTAL AGENCIES ON CITY STREETS AND THE LACK OF ADEQUATE MILLING AND RESURFACING TO RESTORE STREETS TO THEIR ORIGINAL CONDITION. 12-01136 Email - Milling & Resurfacing Restore Streets.pdf DISCUSSED Chair Suarez: Okay, 3.2 and 3.3. Commissioner Carollo: Three point two, again, a picture, you know, states a thousand words. And what want to show is -- I already mentioned the issue with CIP (Capital Improvements Program) and how it's taking forever. Well, adding to the problem is that am noticing in various locations where work is being done by another governmental agency. However, when they are done, they don't leave it the way they found it, andl want to show some pictures. And it's not a clear picture, but you could see down the middle where they actually -- whatever government agency it was, they actually tore up the street, did whatever work; however, this milling and resurfacing is not really up to par. This on 11 th Street, between 12 and 11 th Avenue: once again, you see the same problem. If you look up on the picture, you're seeing clearly work -- construction work has been done. Once again, right down the middle. And then not only that, you see like potholes that are actually starting to -- Chair Suarez: Develop. Commissioner Carollo: -- yeah, develop because of this, you know, bad milling and resurfacing, you know. And so then -- here's one on 3rdAvenue, between 6th Street and 7th Street. By the way, Commissioner Gort, this is that -- Commissioner Gort: Right. Commissioner Carollo: -- Publix that you were mentioning. Commissioner Gort: Yes. Commissioner Carollo: Okay. So not only am I dealing with a two-way or the one-way/two-way, I'm dealing with this, you know. And realistically, I'm saying, gee, how long is it going to take me now to go through our CIP Department and actually fix this? Not to mention, realistically, we should actually be getting, somehow, reimbursed. They should -- we shouldn't be doing this work. Whoever did this should be doing the work, whether it's WASA (Water and Sewer Authority), whether it's FDOT (Florida Department of Transportation), or whoever it is, you know. And I'm bringing it to, you know, the Commission's attention because -- you know, more as a discussion item because we need to take some type of action. Vice Chair Sarnoff. And you got two double poles. Chair Suarez: I was going to say, that one looks -- Commissioner Carollo: And two double poles. City ofMiami Page 194 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Chair Suarez: That looks like WASA because that looks like it's -- Commissioner Gort: Yes. Chair Suarez: -- (UNINTELLIGIBLE) thrown right through the middle of the street. Johnny Martinez (City Manager): It's a utility. Commissioner Gort: Here's -- we have a lot of that through the whole -- Chair Suarez: What's that? Commissioner Gort: -- City ofMiami. Mr. Martinez: A utility. Chair Suarez: Is that what it is, a utility? Mr. Martinez: Yes. It's -- yeah. Chair Suarez: But it could -- Chair Suarez: I mean, it could be Water and Sewer, right, a Water and Sewer line? Mr. Martinez: Well, that's a utility. Commissioner Gort: Yeah, yeah. Chair Suarez: Right, right, right, right. Commissioner Carollo: Well -- NzeribeIhekwaba (Director, Public Works): Can comment? Commissioner Carollo: And regardless who it is, the bottom line is they should be milling and resurfacing the way they found it. Commissioner Spence -Jones: They should be accountable. Commissioner Carollo: Yes. They should be accountable, you're right, Commissioner Spence -Jones. Here's another site. I can't really read the address down there. Unidentified Speaker: That one is between 2nd - 11 th Avenue Northwest -- Chair Suarez: 11 th. Unidentified Speaker: -- between 2nd and 1st Street. Commissioner Carollo: Andl -- is this the last picture? Unidentified Speaker: Yes. Commissioner Carollo: Yes. Well, you saw -- these were all different streets, by the way, different streets and different avenues, so it's not just one street that occur. It's happening quite City ofMiami Page 195 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 a bit in District 3. So on top of this, you see this pothole right there. That -- here comes the calls to us. The City's full of potholes. What's going on, you know? Look at this. We didn't create this. So I think it's only fair that we establish some type of policy where we start notifying, you know, the utilities, whoever it is -- if it's WASA or whoever it is -- and say, hey, this is unacceptable and you need to, at the very least, restore the streets to their original condition. Mr. Ihekwaba: Can I comment? Mr. Martinez: Zerry -- Mr. Ihekwaba: Zerry -- Mr. Martinez: -- do we require a bond from them? Mr. Ihekwaba: No, Mr. Manager. Unfortunately, the City code, as presently written, does not require governmental entities to post a bond for restoration. However, what we've done in the past two years as soon as we came in on board with this new Administration, we drew up a backlog of all permits that had been issued to all contractors in the City ofMiami, including governmental entities, and require them to fulfill their obligation for restoration, as per the requirements of Chapter 54. What has happened is that the County has recently procured the restoration contracts in place. Just for your knowledge, Mr. Commissioner, you're quite correct, your forensic investigation. Majority of the utility cuts were done by Water and Sewer. Unfortunately for the City, Water and Sewer does not do their own restoration. They sublet the job to Miami -Dade County Public Works. Vice Chair Sarnoff. The worst. Mr. Ihekwaba: And this is where the misfortune started. We've notified them. Effective immediately, no new permits will be issued. And we are told since we got a new construction contract in place, give us time to address them. We have a pile of all these permits and their locations. If you go to Northwest 5th Avenue, between loth and 11 th Street, in front of the black police officer memorial museum, that's a brand-new pavement there as of today, done in the past two weeks because of what we just did. Florida Power & Light came in to pull a permit and we said no. The only condition you'll be allowed to replace the substation is that if you restore the entire street that you have torn up about five years ago, and they did. I was there last night. It's a brand-new pavement. Commissioner Spence -Jones: So it's a new system that you guys have put in place to address -- Mr. Ihekwaba: It's a new system that we have in place, and we intend to go after all governmental entities for their final restoration. About the double poles, when we started the exercise, there were about 1,800 double poles in the City. Mr. Jose Solares ofFPL (Florida Power & Light) worked with us consistently and that had dropped to about 600 in the past 11 months or so. So the process we have in place is working. And we also have instituted a quarterly utility coordination meetings with all utility agencies just to keep re-emphasizing these facts. The final restoration is a requirement of a permit. And for your information, none of these permits have been closed out, which means they're still on the hook. Commissioner Gort: Okay. Mr. Ihekwaba: And we -- what we did, we simply did a backlog of permits that had been open for only three years because we couldn't have records of what had happened about ten years ago. Some of these cuts are older than five, six years ago. Commissioner Gort: Yes. City ofMiami Page 196 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Spence -Jones: And -- Mr. Ihekwaba: Some of them are quite old. Commissioner Spence -Jones: -- let me just mention -- 'cause I know, Zerry, you -- we -- andl see my Spring Garden folks still waiting for their item -- that that's a perfect example of what we saw in these photos. They had the same issue -- Commissioner Carollo: Yeah. Commissioner Spence -Jones: -- you know, and we just finished resurfacing and putting new sidewalks in their particular community, but as we did the ride -through with the whole City staff we kept running into the same thing, you know. So I know it was communicated to us is that the time frame had lapsed, is that correct, and that the County -- Mr. Ihekwaba: There's not a lapse of time frame if the permit had not been closed out yet. Commissioner Spence -Jones: Okay. Mr. Ihekwaba: Again, let me repeat. The problem, like the Commissioner said, comes principally from governmental entities. Ordinary contractors -- Commissioner Gort: Right. Mr. Ihekwaba: -- they post the bond, cash bond, or let -- Commissioner Spence -Jones: No, I'm talking about the Water -- it was Water and Sewer in the areas. Mr. Ihekwaba: Yes. Commissioner Spence -Jones: So regardless of whether -- Mr. Ihekwaba: They -- Commissioner Spence -Jones: 'Cause they -- 'cause that work was done like seven years ago. It doesn't matter -- Mr. Ihekwaba: They have to go back. Commissioner Spence -Jones: -- they still have to go back. Mr. Ihekwaba: Yes. Commissioner Spence -Jones: Okay, that's good. Commissioner Gort: I can tell you, he receives from us, I think, anywhere between 10 and 15 e-mails (electronic) everyday with the potholes -- Mr. Ihekwaba: Yes. Commissioner Gort: -- and this is a problem we have through the whole City ofMiami. At the same time, you have a lot of those sewer system and -- that the -- they have leaks and those leak are creating a lot of the holes that exist in the City at this time. City ofMiami Page 197 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Mr. Ihekwaba: For the record, for the record, when we start denying permits, your constituents will start calling you, that they cannot get water service connection from WASA because Public Works did not issue a permit. It's because of this. Commissioner Gort: Okay. Good to know. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: Okay, Zerry, so -- and I'm sorry, Mr. Director -- what do you foresee as a solution? Or you said that already one street is getting repaved? Mr. Ihekwaba: It's already done. Commissioner Carollo: Okay. Let me ask you something. So let me cut to the chase 'cause I know it's late. When shouldl expect all these streets that I've mentioned -- and I'll give you the address -- to be repaved? Mr. Ihekwaba: Give me the address and I'll follow up and -- Commissioner Carollo: Okay. Mr. Ihekwaba: -- I'll keep you informed with progress. Commissioner Carollo: Okay. And second part, do we need to do something as Commissioners? Do I need to ask my colleagues for each of them to reach out to their County Commissioners? Mr. Ihekwaba: Yes. I appreciate that. Commissioner Carollo: So we need to reach out to each of our County Commissioners and -- Chair Suarez: Yes. Commissioner Carollo: -- let them know this is an issue. We need help because our streets cannot continue like this. Okay. Mr. Ihekwaba: I agree. Commissioner Carollo: And then I will follow up with you. And ifI may, I'm going to put this back on as a discussion item as a follow-up after your meet -- after our meeting -- Mr. Ihekwaba: Okay. Commissioner Carollo: -- to see exactly -- 'cause I haven't gotten a clear answer when the streets will be repaved. Mr. Ihekwaba: Okay. Commissioner Carollo: And I'm not putting you on the spot for you to tell me, you know, but I want to put this back as a discussion item as a follow-up to see where we at. But as of right now, you do think that it's a good idea for each one of us to reach out to our County Commissioners -- City ofMiami Page 198 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Mr. Ihekwaba: Yes, sir. Commissioner Carollo: -- that have overlap districts and mention the issue that we're having? Mr. Ihekwaba: Yes. Commissioner Gort: So whenever we send you the information, we'll shoot copy of a County Commissioner and send copy to them also. Okay. Mr. Ihekwaba: I appreciate that. Commissioner Gort: Yeah. Okay, all right. Commissioner Spence -Jones: Thankyou, Zerry. Chair Suarez: Thankyou. Commissioner Carollo: Thankyou. Commissioner Gort: Thank you. Chair Suarez: Thankyou. D3.3 DISCUSSION ITEM 12-01185 D4.1 12-01171 UPDATE REGARDING THE $45 MILLION TUNNEL LOAN PAYMENT DUE IN JANUARY AND CURRENT STATUS ON RE -FINANCING OR BOND ISSUANCE. 12-01185 Email - Update - Tunnel Loan Payment.pdf DISCUSSED Commissioner Carollo: And my last item was regarding the $45 million loan. I think we've discussed that. I see where we're going. The only thing is that I am going to put it back as a November discussion item 'cause I want an update to see where we're at. Commissioner Spence -Jones: Okay. Commissioner Carollo: Thankyou. Chair Suarez: Thankyou. END OF DISTRICT 3 DISTRICT 4 CHAIRMAN FRANCIS SUAREZ DISCUSSION ITEM DISCUSSION REGARDING ADMINISTRATIVE POLICY ON HANDLING OF ABSENTEE BALLOTS BY CITY EMPLOYEES. City ofMiami Page 199 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 12-01171 Email - Handling of Absentee Ballots.pdf DISCUSSED Chair Suarez: Mine are -- I'll try to keep them as quick as possible. I have three. The first is just thanking the Administration. We had asked -- when Commissioner Gort had brought up the issue of basically reflecting what the County did in terms of paying for the postage on absentee ballots, we had asked the Administration to please create a policy which spelled out very, very clearly what the consequences would be if a City employee were caught violating Florida or County code with relation to absentee ballots. Right away an administrative policy was issued. I explained to the Manager that I thought it needed to expand a little bit to include the County code because the rules in the County were more restrictive than the ones in the state. To his credit, he did it right away, you know, within a day or two, and we now have a policy which very, very clearly states that if you violate state or county ordinances regarding absentee ballots, you're automatically -- it's an automatic termination. Johnny Martinez (City Manager): Automatic vacancy, yeah. Chair Suarez: Okay, automatic vacancy. So thank you for that. Thank you for listening and for moving on that. Unidentified Speaker: Just in time for November. Chair Suarez: Yeah, just in time for these elections, exactly. D4.2 DISCUSSION ITEM 12-01066 12-01066a DISCUSSION REGARDING COLLECTION OF SPECIAL ASSESSMENT LIENS. 12-01066 Email - Collection Special Assessment Liens.pdf DISCUSSED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO APPROPRIATE FUNDS, IN THE AMOUNT OF $155,000, COLLECTED FROM THE SPECIAL ASSESSMENT LIENS, UNLESS REPAYMENT IS WARRANTED TO THE FEDERAL GOVERNMENT TO ENFORCE, TAKE DOWN AND CORRECT UNSAFE STRUCTURES IN ALL THE CITY COMMISSION DISTRICTS, WHEREVER COMMUNITY DEVELOPMENT BLOCK GRANT DOLLARS ARE NOT AVAILABLE FOR SAID PURPOSE. Motion by Vice Chair Sarnoff, 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-12-0424 Chair Suarez: The second one has to do with -- you know, I've been focused on -- today I got reamed a little bit, but I've been focused a lot on imposing special assessment fees and collecting City ofMiami Page 200 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 special assessment fees through the legal process. And l just wanted to report back to the Commission that we have collected -- andl think our City Attorney can give us the most -- latest information, but I believe it's close to or in excess of $100,000, if I'm not mistaken? Victoria Mendez (Assistant City Attorney): Yes, Commissioner. With regard to unsafe structures, which this Commission was adamant that we make sure we start collections on those, as of October 9, we've collected $111,063.64, and that's just since February that we actively started collecting. With regard to lot clearing liens, we have collected about $44, 700, and that's been a relatively short period of time because we started first with the unsafe structures, which was our better portfolio if -- Chair Suarez: Right. Ms. Mendez: -- for lack of a better term. And then we've started with the lot clearings, and we still have much more files to go through with regard to that. So we'll have more collections to report soon. Chair Suarez: Andl think it highlights what you said in your discussion item, which is basically that when we work together and when we work creatively, you know, as a Commission and as an Administration and in the City Attorney's office -- Very rarely can any one of us solve a problem alone, and it takes leadership to get everybody in the room and say, hey, let's work on a problem. And l just wanted this Commission to have confidence that the money that we had outlaid to do the demolitions and to be proactive in that context would come back to us, and l just wanted to report back to the Commission that it has started coming back to us so -- which was my expectation. Thank you. Vice Chair Sarnoff. Will that 155,000 that's now collected, will it go back out to continue to take down -- Commissioner Spence -Jones: Unsafe. Vice Chair Sarnoff. -- unsafe structures? Ms. Mendez: That is either your directive or the Administration. Vice Chair Sarnoff. I'd like to make a resolution that $155, 000 be dedicated -- let me say it right. One hundred fifty-five thousand dollars be used where CDBG (Community Development Block Grant) dollars are not available -- Chair Suarez: That's a good way of putting it, yeah. Vice Chair Sarnoff. -- to the various Commission districts -- so the City ofMiami -- Chair Suarez: And -- Vice Chair Sarnoff. -- to enforce takedown -- to correct unsafe structures. Chair Suarez: Yeah. That's a motion. Is there a second? Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Chair Suarez: Thank you for that. City ofMiami Page 201 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 D5.1 12-01116 END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES DISCUSSION ITEM DISCUSSION ON WHETHER THE HISTORIC ENVIRONMENTAL PRESERVATION BOARD SHOULD HAVE JURISDICTION ON MATTERS CONCERNING UNSAFE STRUCTURES THAT ARE DESIGNATED HISTORIC AND, OR LOCATED WITHIN A DESIGNATED HISTORIC DISTRICT. 12-01116 Email - Unsafe Structures - Designated Historic District.pdf DISCUSSED Direction by Commissioner Spence -Jones to the Administration to meet with the residents of the Spring Garden Neighborhood Association to discuss ways to address matters concerning unsafe structures that are designated historic, or are located within a historic district. Chair Suarez: D5.1. Commissioner Spence -Jones: Yes. This will be really fast. I'm going to askfor the Spring Garden Association -- they've been so patient today. This is an issue really that they wanted me to kind of bring to the attention. I'm going to askfor Eileen and the crew. And it's in reference to the HEP (Historic and Environmental Preservation) Board regarding jurisdictions on matters concerning unsafe structures. It's amazing that we're talking about unsafe structures. So if you can just explain this so the Commissioners will know exactly what the issue is. Eileen Broton: Eileen Broton, 951 Northwest 10th Court, Miami. Several months ago representatives from the different historically designated districts came together very upset because in historic districts, when you demo something, demolition is always a last resort, requires a certificate of appropriateness, and it has to be approved by the HEP Board for the COA (Certificate of Appropriateness). You also have to show what will you put there in its place because this is our history. We are -- all of our districts seem to be experiencing things that are targeted as unsafe and therefore allowed to be demoed without anybody's input. I have authority. Unsafe structures are considered anything from a window that may be open, and we can't get these things off the list. I -- Joy andl brought one of the homes in my neighborhood. We've restored it. It's for sale. It's beautiful. The one next to it is also one that you would think needed to be demoed. No. It has a new owner. They've put a new roof on, and we are working hard. The economy's changed right now for us, and we're seeing that people have a little extra money or are able to pick these things up and fix them. And we have a lot of concern that in a historic neighborhood, that somebody can come in, claim something to be unsafe when it isn't structurally unsafe; no one is living there; they're boarded up; they're fenced off, and they can come in and demo it. Commissioner Spence -Jones: All right. I guess -- I don't know where Building is. Where's Building? Is Mariano here? The question is for the Building Department: Is once a structure has been declared unsafe and vacated, how much time afterwards is the structure actually demolished? Unidentified Speaker: It depends on (UNINTELLIGIBLE). City ofMiami Page 202 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Chair Suarez: Mike, mike. And let me -- could l just say one thing, ifI may, on this? I -- the Building Department, in my experience, has been very good about coordinating with our offices. So if you see any property that looks like it's in that process, feel free to contact our Commission offices. Usually, the Building Department will give us -- I don't want to say a right of first refusal because that's not the right way of phrasing it, but they do, you know, involve us sometimes. But don't know if -- in all --I mean, in my district, they really involve me because there are -- like -- you're right, they are many special circumstances so -- Commissioner Spence -Jones: Right. Chair Suarez: -- you know. Commissioner Spence -Jones: And Mr. Chairman, I think, really, probably, what we wanted to try to accomplish in it is to make sure we put some sort of policy in place to make sure -- because it's okay, you know. I understand that they could all -- they know that they can come to us, but it's not real until it's written. Chair Suarez: I got you. Commissioner Spence -Jones: So I think that part of this discussion today is to figure out what we need to do to change or make some adjustments to the policies, correct -- Giola DeCarlo: Yes. And -- Commissioner Spence -Jones: -- in order for us to --? Ms. DeCarlo: -- what we would like to suggest -- Commissioner Spence -Jones: Your name. Ms. DeCarlo: Giola DeCarlo, 828 Northwest 9th Court. What we would like to propose and so would others in the other historic districts is that the HEP Board only has jurisdiction over what happens to the structures within the limits of the districts. Vice Chair Sarnoff. Can I just say something? Ms. DeCarlo: They are -- certainly have the collective expertise to determine if a house is unsafe, can be fixed can't be fixed -- Vice Chair Sarnoff. You guys -- Ms. DeCarlo: -- could come down -- Vice Chair Sarnoff. Okay. Ms. DeCarlo: -- or what would go in its place. If that were not possible for you to pass such an ordinance, then at least unsafe structures, if they want to tag something within a historic district, they have to go before the HEP Board. As it stands now, it is their belief that they can just march into a historic district and take it down without prior notice, without notifying the HEP department [sic], going before the HEP Board obtaining a certificate of appropriateness or anything else. Our position is that within the districts -- and the City itself has formulated policy and ordinances to protect the structures within these districts. To have one department in the City, unlike all the other departments, that can just go against that and demolish a structure -- Commissioner Spence -Jones: But this is what I'm not -- City ofMiami Page 203 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Ms. DeCarlo: -- is an antithesis of -- Commissioner Spence -Jones: But it's supposed to go in front of the HEP Board. Vice Chair Sarnoff. No. You -- Unidentified Speaker: Yes. IfI can -- Ms. DeCarlo: (UNINTELLIGIBLE) they do not. Vice Chair Sarnoff. -- have to be really careful what you're doing right now. You're flirting around with Florida statutes. Florida statute usurps anything any Commissioner, Manager, County Commissioner -- Mariano Fernandez has a statutory position. Has a statutory position. Any one of us interfere with him, we're guilty of a felony. You give authority to a board to interfere with anything Mariano does, they will also be guilty of a felony. Commissioner Spence -Jones: Right, but they can give notice. Notice -- Vice Chair Sarnoff. I don't -- Commissioner Spence -Jones: -- can be given to the board. Vice Chair Sarnoff. Here's what you should do. This is my recommendation. Why don't we have the City Attorney do a very long, comprehensive memo to us to -- understanding that you would like HEP to have oversight over unsafe structures. In certain circumstances, you might be able to do it. Where he declared -- Chair Suarez: Not over all unsafe structures. Vice Chair Sarnoff. Well, that's what -- but -- Chair Suarez: No, no. Commissioner Spence -Jones: I don't -- Chair Suarez: She means over historic. Vice Chair Sarnoff. Historic structures. Chair Suarez: Right. Vice Chair Sarnoff. However -- Commissioner Spence -Jones: Yeah. Vice Chair Sarnoff. -- remember, some -- there are many ways of declaring something unsafe. And if he declares it to be an emergency, there ain't any of us -- Commissioner Spence -Jones: Yeah, but -- right, but don't think that's what they're asking for. Ms. DeCarlo: We are not -- Commissioner Spence -Jones: They're not -- City ofMiami Page 204 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Ms. DeCarlo: -- talking about emergencies. We're talking about we have one house that was restored because it was going to be the sales office to that large project on the property that used to be the Travel Inn and it was restored beautifully. But since it is vacant, some vandals broke in and they did some damage. The City has gone and boarded it up. There's nothing unsafe about the structure -- Vice Chair Sarnoff. I don't want to talk about -- Ms. DeCarlo: -- except that it was open. Vice Chair Sarnoff. -- individual properties. You're coming before us very late at night, and I'm suggesting let the City Attorney make a determination as to what can be done by a city oversight board and what can't be. Mariano's powers are simply -- I want to say simply amazing. They really are. Even the Manager doesn't have Mariano Fernandez's powers. Johnny Martinez (City Manager): I don't want to go to jail. Vice Chair Sarnoff. Right. Commissioner Spence -Jones: Okay. Victoria Mendez (Assistant City Attorney): IfI may? Commissioner Spence -Jones: Who -- Ms. Mendez: One question that you had asked, Commissioner. Just so that you know, in the code right now, in our Chapter 10 code, we have -- in our unsafe structure section, we have that whenever possible, the demolition procedures will abide by Chapter 23 and certificates of appropriateness and going before the board. Unless the building official determines that something is an immediate threat of danger, as determined by the building official. So I do want you to know and not think that we're -- you know, that the building official is demolishing everything in sight. They -- whenever possible, they do go before the HEP Board, unless it is an imminent danger. And as Commissioner Sarnoff said, the building official does have certain powers that no board can really interfere with but -- Commissioner Spence -Jones: Right. I don't think that this is about interfering with their powers at all. I think this is about residents that live in a historic community that's concerned about properties and the Building Department destroying those properties in any manner. So it's finding a solution in between that the residents in those particular communities have the ability to at least have some sort of communication about what happens with those buildings. So it's not about usurping his power. I'm sure that's not what the residents mean. They've been here all day waiting for this issue. So I think the best recommendation is for the residents to be able to sit down with Building to try to figure out what they can do and maybe sit down with the HEP Board and figure out what we can do to make sure buildings are not destroyed without there being some sort of communication. I think that's what this is about. Chair Suarez: Can I just jump in and say --? Charles Flowers: It is. Commissioner -- Chair Suarez: I'm fairly certain that a solution can be -- Commissioner Spence -Jones: Yeah. Chair Suarez: -- found. City ofMiami Page 205 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Commissioner Spence -Jones: I mean, this is -- Right. Chair Suarez: Yeah. I mean, I'm fairly certain that if we work together, that there'll be a solution found that is satisfactory to your goal, which is to make sure that historic properties are not just kind of haphazardly demolished without there being an extensive -- Ms. DeCarlo: Yes, because sometimes they fall into disrepair or they're vacant or, you know -- Chair Suarez: Right. Ms. DeCarlo: -- they're broken into or they're boarded up. But to demolish within a district -- Commissioner Spence -Jones: No. Ms. DeCarlo: -- when we've always taken the stance that they can be preserved and restored. Ms. Broton: These are not emergencies. Commissioner Spence -Jones: Right. So I -- and l just wanted to say for the residents, 'cause we work for y'all. Regardless of what the situation is, you're -- you have the right to come and voice a concern, and everyone sitting up here respects that concern and we try to figure out a way to work it out so that we can address it. Sometimes there are going to be issues that we can't and sometimes we're going to find a happy medium. But no situation is absolute -- obsolute [sic]. So I just really want to make sure that you guys are clear that we support that. Mr. Flowers: Okay, Commissioner. For instance, there were two places -- Charles J. Flowers, Spring Garden. There were two homes in Spring Garden, one owned by Merrill -Stevens, then a hurricane came around and the house was left in disrepair. There was a order to demo those. I spoke with Mariano and it was saved by two homeowners. They have taken -- they have reconditioned both homes. Commissioner Spence -Jones: Yes. Mr. Flowers: And they are nice homes now. If not, it would have been torn down. Commissioner Spence -Jones: Right. I got you. Mr. Flowers: Okay. Commissioner Spence -Jones: We're clear. I think everybody's clear. What I want to at least direct the Administration to do -- the City Manager to do is to sit down with the Spring Gardens [sic] Association, maybe Planning and Zoning, and Building to kind of look at this issue to figure out how we address it, okay. I want to respect the residents. And this is something that they brought up as an issue and our job is to respect it. Thank you. Mr. Flowers: Okay, thank you. Commissioner Spence -Jones: Thankyou. Mr. Flowers: Thankyou, Commissioners. D5.2 DISCUSSION ITEM 12-01131 MANDATORY EXIT INTERVIEWS WITH COMMISSIONERS FOR City ofMiami Page 206 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 CERTAIN SENIOR STAFF MEMBERS. 12-01131 Email - Exit Interviews - Senior Staff Members.pdf DISCUSSED Commissioner Spence -Jones: D5.2 -- I hate being the last person -- but D5.2, the only thing wanted to mention -- andl -- if you can -- I know we have someone from Personnel. I don't know if you guys had a chance to talk to Priscilla before she left with her exit interview. Commissioner Carollo: Yes. Commissioner Spence -Jones: And I just really felt that process that was put in place was -- that she put in place on her own was excellent. And know that there is a line that we can't cross because of the whole -- you know, what our roles are as City Commissioners compared to what the Manager can do. But think that it would be nice that we could have some sort of policy put in place or some sort of -- something put in place that -- I'm talking about the main -- either the directors, you know, people that are in key positions that if they wanted to have an exit interview, I think that we should leave that as an option for them to do. Because there are certain things that Priscilla shared with me as a City Commissioner that did not know so that when she left, we had a clearer understanding of what was necessary to get done so that the ship kept moving. If there was input that she thought, you know, we needed to have to make adjustments, I just -- I think it's a real smart thing for us to do, and it's not like we -- as Commissioners trying to usurp your power, Mr. Manager, but I think that gives us a better sense of how we can better serve, you know, even our residents. So I wanted to bring it up to you guys 'cause I thought it was brilliant that Priscilla did that. And people that are in key positions, I would like to see that happen. I don't know if you want to add, Beverly, on that. If there is something you want to add. I know that there was an issue around that. Butl would like to see some sort of exit interview for the directors and it's optional, if they want to do it. Beverly Pruitt: Beverly Pruitt, Human Resources director. That would be something certainly that the City Manager could encourage the directors who do leave, who do resign, to be able to reach out to the Commissioners' offices if they so choose to do so. We currently do an exit interview with all employees as they leave to get feedback from them as to improvements that we can make in the City. Commissioner Spence -Jones: Okay. So how do you guys feel about exit interviews? Commissioner Carollo: I like them. Commissioner, I think -- Commissioner Gort: (UNINTELLIGIBLE) ordinance. Commissioner Spence -Jones: Yeah. I know. You know, not -- Chair Suarez: (UNINTELLIGIBLE). Commissioner Spence -Jones: -- an ordinance, but I just -- my thing is -- Vice Chair Sarnoff.. (UNINTELLIGIBLE). Commissioner Spence -Jones: -- I would like to bring it up so that we can begin to put it in place, put something in place, even if it's just as optional. At least the City employees and the directors know that if they wanted to come, they could. Commissioner Carollo: Yeah. I think as far as policy, the only individuals that we could actually put a policy where they need to have an exit interview would probably be the City Attorney, the City Clerk, and the Auditor General. However, I don't think that any -- there's any City ofMiami Page 207 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 restrictions that anyone that's leaving on their own can say, Hey, listen, I'll call up the Commissioners and say can we have an exit interview. Commissioner Spence -Jones: Yeah, yeah. Commissioner Carollo: I think, you know -- but don't think we could actually set policy -- and I'll yield to the City Attorney, but I don't think we could set policy with all of the directors. I think only a few positions. Commissioner Spence -Jones: Yeah. I'm not necessarily saying all the directors, but I would like to do is at least put on the books for -- if they wanted to have -- I -- I've had -- a couple of individual City employees have come to me on the way going out just to say goodbye, maybe not giving me as detailed as Priscilla, 'cause you know -- Commissioner Carollo: Right. Commissioner Spence -Jones: -- Priscilla is very organized, but it was helpful to have that information. Commissioner Carollo: Absolutely. Commissioner Spence -Jones: Andl know sometimes when a City employee leaves, for whatever -- good or bad, leaving, you know, they don't feel as comfortable to come and have that discussion. So what I'd like to be able to at least say is figure out a way that if they -- it's an option. If they wanted to come and meet, it's -- they're not told that they cannot come to meet with us. Johnny Martinez (City Manager): Any feedback that we receive is good. Commissioner Spence -Jones: Yeah. Mr. Martinez: Whether we agree with it or not, feedback is good. And I've kind of done it personally and formally. I haven't required it. But they come around, Johnny, I'm leaving. I sit down. Well, what could we do better? Why are you really leaving? That kind of stuff. Commissioner Spence -Jones: Yes. Mr. Martinez: Some of it I can't repeat but -- Commissioner Spence -Jones: So the main -- City Attorney, Auditor, Clerk -- Commissioner Carollo: City Clerk. Commissioner Spence -Jones: -- positions, those are the ones we have a direct influence over. We're fine with, you know, putting that in place, then I'll bring back legislation on that. But would like to make a recommendation so that City employees that are directors, that there is an option if they want to come and sit down with the Commissioners, there's no rule saying that they cannot. Commissioner Gort: There's nothing in the system -- Mr. Martinez: There's no rule right now saying -- Commissioner Spence -Jones: I understand. City ofMiami Page 208 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 NA.1 12-01265 Mr. Martinez: -- they cannot. Commissioner Spence -Jones: But sometimes it's important to say it 'cause people feel uncomfortable doing it, okay. Chair Suarez: Andl think it's important to note that even in the constitutional officers that we've outlined, that it's obviously when they -- if they retire or if they leave of their own volition. Because I don't think it's wise to be doing exit interviews of people who we have not -- who we fired basically, you know. So anyways -- Commissioner Gort: Why not? Commissioner Spence -Jones: You might hear something you need to hear. Chair Suarez: Yeah, but it could really be getting yourself into trouble. Commissioner Spence -Jones: Carollo would have a line over there. END OF DISTRICT 5 NON AGENDA ITEMS DISCUSSION ITEM A MOMENT OF SILENCE WAS OBSERVED FOR TONY ALONSO, HONORING HIS LONG STANDING COMMITMENT AND DEDICATION TO THE DOWNTOWN MIAMI AREA THROUGH HIS FAMILY OWNED BUSINESS, LA EPOCA, ESTABLISHED IN 1965, AND HIS WORK WITH THE DOWNTOWN DEVELOPMENT AUTHORITY FOR THE PAST TEN YEARS. DISCUSSED Chair Suarez: We're going to do quickly -- Vice Chair Sarnoff. Mr. Chair. Chair Suarez: Yes. Vice Chair Sarnoff.. Just a point of -- it's not -- I was going to say a point of privilege. I just wanted to notify everybody -- and think a lot of people knew -- Tony Alonso has passed away. I was going to ask for a moment of silence. Many of you may have known Tony Alonso. I believe Commissioner Gort knew him well. He was a member of the DDA (Downtown Development Authority) I think before there was a DDA. For those of you that don't know, he is the owner of La Epoca. To some of you up here it must have extreme meaning because he brought that store from Cuba. He was a pretty famous banker here. And for the past, I'd say, 15 years, he has operated La Epoca on Flagler. I knew Tony very, very well, his sons and his wife. He's -- you know, we kind of lose the version -- or we lose the importance of words 'cause we'll say, He was a great man. Tony was a great man. He really was. He really and truly had a heart of gold and he spent the past ten years working very hard at the DDA for the City ofMiami. If anybody else wants to say anything or, you know, just give us a moment of silence. We just learned of it probably around 11 o'clock this morning. (At this time, the Commission paused for a moment of silence.) City ofMiami Page 209 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Vice Chair Sarnoff. Thankyou, Mr. Chair. Chair Suarez: Thankyou, Mr. Vice Chair. We're going to open up quickly the Omni CRA (Community Redevelopment Agency), handle these three quick items so that Mr. Townsend, who's been here all day, can get going, and then we'll start with the -- we'll continue on the bond Dwight Danie (City Clerk): Excuse me. Can we have a little time to set up here? Chair Suarez: Yeah, yeah. Mr. Danie: Thankyou. Commissioner Carollo: By the way, Mr. Chair, I'm going to need a little time with our CIP (Capital Improvements Program) director before we do the CIP items. I'm not sure which is the right time or -- Chair Suarez: CIP on the REs (Resolutions)? Commissioner Carollo: I think it begins with RE. 4. Chair Suarez: You got it. Commissioner Carollo: I think it's RE.4 or 5, 6, 7, somewhere around there. Chair Suarez: You let me know and we'll table them back as far as you need. Commissioner Carollo: I just want to -- Chair Suarez: Okay. Commissioner Carollo: -- you know, see when is the right time to meet with him real quick before we do those, and don't know if we're -- after CRA, if we're going to do the actual tunnel, so I want to make sure I'm here for that or -- Vice Chair Sarnoff. Oh, can we --? Commissioner Carollo: -- what the procedure's going to be. Chair Suarez: Okay. Commissioner Spence -Jones: Mr. Chairman, have we actually opened up the CRA meeting? Chair Suarez: No, we haven't. Commissioner Spence -Jones: Oh, okay. NA.2 RESOLUTION 12-01279 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), URGING THE ATTORNEY GENERAL TO ABIDE BY THE TERMS OF THE SETTLEMENT AGREEMENT IN THE ATTACHED LETTER DATED AUGUST 10, 2012, WHICH TERMS ALLOCATE City ofMiami Page 210 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 CERTAIN FUNDS PROVIDED TO THE STATE OF FLORIDA TO BE USED FOR SUPPLEMENTING THE AMOUNTS PAID TO HOMEOWNERS UNDER THE BORROWER PAYMENT FUND, FUNDING FOR HOUSING COUNSELORS, STATE AND LOCAL FORECLOSURE MEDIATION PROGRAMS, LEGAL ASSISTANCE, HOUSING REMEDIATION AND ANTI -BLIGHT PROJECTS, FUNDING FOR TRAINING AND STAFFING OF FINANCIAL FRAUD OR CONSUMER PROTECTION ENFORCEMENT EFFORTS, AND CIVIL PENALTIES; DIRECTING THE CITY CLERK TO TRANSMIT THIS RESOLUTION TO THE APPROPRIATE STATE OFFICIALS STATED HEREIN. 12-01279 Exhibit.pdf 12-01279 Additional Back-up Documents.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-12-0427 Commissioner Gort: DI --1.2, an update on resolving the IT (Information Technology) capital needs. The City auditors found internal control and policy and procedures were inadequate ensure that technology access and ability daily operation and financial process are well protected from security threats and environmental condition and that the operation continue to resume timely manner in event of disaster. Now, staff responded with the finding there was no funds identified to take care of that, of the -- all the facility that we have at the police stations and Boca Raton where they had the additional facility. The staff response to finding from the police staff was that there was no funding identified to mitigate the issue. Now my question is, the recommendation of staff, the main stream system is part of the local mitigation strategy such that we should look at UASI (Urban Areas Security Initiative) for the funding for that type of facility. I mean, that facility is controlled all the computer, all our system in case of a storm. So I think we discussed this before. The police budget does not have the money to do so, but think through UASI, we can do so. Yes, ma'am. Cindy Torres: Cindy Torres, interim IT (Information Technology) director. As a matter offact, there is a meeting set up for November 1 with Police and Fire to discuss what our options are and look for different opportunities that may be available, and we'll be happy to report back to the Commission. Commissioner Gort: Thank you. I appreciate it, because that's very important. Ms. Torres: Absolutely. Commissioner Gort: I mean -- Ms. Torres: Great opportunity. Chair Suarez: Commissioner, can I just jump in on that? Commissioner Gort: Sure, go right ahead. Chair Suarez: Few things. Ms. Torres, where are we on the CU/BTR (Certificate of Use/Business Tax Receipt) online? Ms. Torres: Thank you for asking. As a matter offact, the CU/BTR project, today there is an City ofMiami Page 211 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 interim solution out there that is partially automated. The full-blown solution is in process right now. The date that have from the team places it out into 2013, so I'm working internally to put more resources out so I can pull it in. What we have delivered is another solution that will allow online invoice payment from anyone who receives a invoice from the City and that's going to be rolling out in the next three weeks. Chair Suarez: And there's a little bit of glitches on that because I got the bill for the permit -- an alarm permit, and when I went to try to pay for it online, the numbers like on my bill didn't kind of equate with what the requests were, andl think -- I don't know if we communicated that to you or not. But if we didn't, you know, I'd like to show it to you. Ms. Torres: Absolutely. Chair Suarez: And -- 'cause it -- like things that it was asking for in the form online was not the same as the information that was on the actual bill. Ms. Torres: Absolutely. And the piece that I'm talking about that's coming out in three weeks replaces that system. Chair Suarez: Okay, good. Ms. Torres: And so I'll be happy to come in and work with you. Chair Suarez: But you know what; let's meet after -- Ms. Torres: Okay. Chair Suarez: -- that's replaced 'cause there's no point in trying to fix something that you're about to fix. Ms. Torres: Okay. Chair Suarez: The second thing is -- yeah. The second quick thing is have we ever done -- 'cause -- two City Managers -- no. The last City Manager -- three City Managers in, we toured the network access point, the NAP, and we talked about the possibility of going to a Cloud, a computing system because as the Commissioner just stated right now, we have things that are still on the mainframe, et cetera, et cetera. And obviously, one of the major issues with technology is you have -- you put in a big capital investment and technology just doesn't last very long. It's always -- it's one of the neat things about being on the Cloud is, first of all, everyone can access the information, which makings it a lot easier from anywhere in the world or from anywhere. Secondly, you don't constantly have to update your capital needs; you simply -- that's being done for you and you're paying a fee to be managed and stored et cetera. And so one of the things that, I think, to me was a little bit of frustration from the Administration -- this is not a reflection of this Manager. This was actually several managers ago -- was that there was never really a comprehensive effort to do an analysis of you know, how much money we're spending on our infrastructure and how much we could potentially save present and future on the Cloud system so, you know, just food for thought. Ms. Torres: I'm -- thank you very much. I'm glad you brought that up. I'll actually provide some additional information. I put together a strategy that will help us move to the Cloud over time. We brought in some major vendors to give us samples and some demonstration of what we can achieve, so our goal is to initially push all of our backups to the Cloud and that would be in the next -- in this coming year. In addition, we'd like to take down the Coral Springs disaster recovery site and get rid of those servers and push those to the Cloud so that if we have a hurricane, we'll be able to access everything over the Cloud. Eventually, we'd like to move all of City ofMiami Page 212 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 our data sources out to the Cloud, but we want to do it in the appropriate amount of incremental steps to be sure that we vet any issues that come up. But I think that over time, we'll end up saving significant amount of money. Chair Suarez: Thank you. Thank you, Commissioner -- Ms. Torres: No problem. Chair Suarez: -- for allowing me to ask a question. Commissioner Gort: I only had one more. Chair Suarez: Yeah, yeah, go ahead. Commissioner Gort: Thank you. Appreciate it. I would like to sponsor a resolution of the City ofMiami Commission urging our attorney general, Pam Bondi, to abide by the terms of the settlement agreement that is addressed in my letter dated August 10 --I think it's being distributed to you all -- 2012, which my motion would like the City Attorney to draft a resolution using the language provided in the original correspondence. And it's urgent that we act on this matter today as it has come to my attention that some of the state legislator [sic] have intention of tapping into this money for salaries increase in the Capitol, completely ignoring the court order that the needs of our community that was one of the hardest hit by the economic downturn. So this is a -- I'd like to instruct the Law Department to draft a resolution to attorney general. Commissioner Spence -Jones: And we have our lobbyists working on this too, right? Commissioner Gort: Yes, we do. CRA (Community Redevelopment Agency) lobbyist working on it. Very good. Okay. Commissioner Spence -Jones: I know I said a bad word. Commissioner Gort: Got it? Chair Suarez: We need to take a vote on that or --? Commissioner Carollo: Mr. Menendez here? Julie O. Bru (City Attorney): If it's going to be a resolution, yes, you should vote on it. Chair Suarez: Is that a motion, Commissioner? Commissioner Spence -Jones: Second. Commissioner Gort: Yes. Chair Suarez: Moved and seconded. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Commissioner Carollo: I just would like to get some reassurance from Mr. Menendez, our legislative liaison, that we are working on this. Commissioner Gort: Well, CRA -- Commissioner Spence -Jones: CRA lobbyists is working on it. Doug Bruce is on top of it. Now City ofMiami Page 213 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 what the City's doing, I'm not really sure who's working on it. I do know that Doug Bruce is working on it. Commissioner Carollo: This is a City issue, correct? Because this is anti -blight projects, not just on CRA areas, but citywide. Commissioner Spence -Jones: Oh, I agree. I'm just trying to make sure we get it done. Commissioner Carollo: Like Little Havana Commissioner Spence -Jones: So it's everywhere. Commissioner Gort: It's Allapattah. Commissioner Carollo: Exactly. Commissioner Spence -Jones: We're just using CR -- well, we're helping. Commissioner Carollo: But I expect -- Commissioner Spence -Jones: We're helping the whole city. Commissioner Carollo: -- the City legislative liaison that speaks to City lobbyists that -- Commissioner Spence -Jones: You've been -- Commissioner Carollo: -- also be involved. Commissioner Spence -Jones: -- good all day, all day. Commissioner Carollo: Okay. Chair Suarez: He has been good. Commissioner Spence -Jones: I know. Commissioner Gort: That's it for me. Chair Suarez: All right. Commissioner Carollo: Okay, we'll move on. NA.3 RESOLUTION 12-01249 District2- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner Marc ATTACHMENT(S), GRANTING A ONE HUNDRED TWENTY (120) DAY DavidSarnoff EXTENSION OF TIME FOR THE CLOSURE OF A PORTION OF AN ALLEY, PURSUANT TO RESOLUTION NO. 08-0615, ADOPTED OCTOBER 23, 2008, LOCATED BETWEEN NORTH MIAMI AVENUE AND NORTHWEST MIAMI COURT, NORTH OF NORTHWEST 20 STREET, MIAMI, FLORIDA, SET TO EXPIRE ON OCTOBER 27, 2012, ASSOCIATED WITH THE PLAT ENTITLED "MIAMI SUN PLAT" 12-01249 Legislation.pdf 12-01249 Exhibit.pdf City ofMiami Page 214 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0423 Vice Chair Sarnoff. I do have a pocket item, Mr. Chair. It's a very, very simple pocket item. It is merely to give an extension to a street closure -- an abandonment of -- closing and vacating and abandoning and discontinuing for public use alleys located between Northwest Miami Court and North Miami Avenue. This was previously done by the City of Miami on September 22, 2008. This is -- Commissioner Spence -Jones: Second. Vice Chair Sarnoff. -- just a three-month extension so that -- Vice Chair Sarnoff. Motion -- Chair Suarez: -- they can get the plat. Chair Suarez: -- and a second. All in favor, signift by saying "aye." The Commission (Collectively): Aye. Victoria Mendez (Assistant City Attorney): And just to be clear, it's an extension? Vice Chair Sarnoff. Right, an extension for 120 -- Ms. Mendez: An extension for a hundred and -- Vice Chair Sarnoff. Twenty days. Ms. Mendez: Yes. Thank you. NA.4 RESOLUTION 12-01280 A RESOLUTION OF THE MIAMI CITY COMMISSION IN SUPPORT OF QUESTION NO. 238 ON THE NOVEMBER 6, 2012, MIAMI-DADE COUNTYWIDE GENERAL ELECTION BALLOT, WHICH WOULD AUTHORIZE SIGNIFICANT IMPROVEMENTS AT NO PUBLIC EXPENSE TO THE TENNIS CENTER AT CRANDON PARK, RESULTING IN YEAR-ROUND BENEFITS TO MIAMI'S RESIDENTS AND TOURISTS, AND CONTINUE THE GLOBALLY PRESTIGIOUS SONY OPEN TENNIS TOURNAMENT IN GREATER MIAMI FOR MANY YEARS TO COME; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE MIAMI-DADE COUNTY MAYOR CARLOS GIMENEZ, AS STATED HEREIN. 12-01280 Memo- Chair Suarez to City Attorney -Agenda Office.pdf Motion by Vice Chair Sarnoff, 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 City ofMiami Page 215 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 R-12-0425 Chair Suarez: My third one is a resolution of the Miami City Commission in support of question 238 on the November ballot, which would authorize significant improvements at no public expense to the tennis center at Crandon Park. This was something that the District 7 Commissioner had asked me to advance. I can give more detail. I know that it's -- it's not in the City and it's not an economic -- you know, it's not an economic cost. So it is just a resolution supporting that endeavor. Vice Chair Sarnoff. I'll make the motion. Chair Suarez: Motion by the Vice Chair. Is there a second? Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. NA.5 RESOLUTION 12-01250 Districts- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner REALLOCATION OF POVERTY INITIATIVES FISCAL YEAR 2012-2013 Michelle FUNDS, IN THE AMOUNT OF $10,000, FROM THE CATHOLIC CHARITIES Spence -Jones OF THE ARCHDIOCESE OF MIAMI, INC., NOTRE DAME D'HAITI CHURCH CHILD CARE CENTER (ELDERLY SERVICES), TO THE DEPARTMENT OF PUBLIC FACILITIES FOR SENIOR PROGRAMS; ALLOCATING SAID FUNDS FROM THE DEPARTMENTAL IMPROVEMENT INITIATIVES FUND, CITY-WIDE POVERTY INITIATIVES PROGRAM, ACCOUNT NO. 15500.371000.8820000; P-10-119005, A-1255, T-01, E-AID; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCY, FOR SAID PURPOSE. 12-01250 Legislation.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-12-0426 Commissioner Spence -Jones: But anyway, my last one is a pocket item. You guys got a copy of it. Commissioner Gort: Move it. Chair Suarez: It's been moved. Commissioner Spence -Jones: Okay. Commissioner Carollo: Second. City ofMiami Page 216 Printed on 11/9/2012 City Commission Meeting Minutes October 25, 2012 ADJOURNMENT Chair Suarez: Second. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Chair Suarez: Meeting adjourned 8: 46. Commissioner Spence -Jones: Thank you. The meeting adjourned at 8: 46p.m. City ofMiami Page 217 Printed on 11/9/2012