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HomeMy WebLinkAboutCC 2012-11-15 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, November 15, 2012 9:00 AM REGULAR City Hall Commission Chambers City Commission Tomas Regalado, Mayor Francis Suarez, Chairman Marc David Sarnoff, Vice -Chairman Wifredo (Willy) Gort, Commissioner District One Frank Carollo, Commissioner District Three Michelle Spence -Jones, Commissioner District Five Johnny Martinez, City Manager Julie O. Bru, City Attorney Dwight S. Danie, City Clerk City Commission Meeting Minutes November 15, 2012 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM - APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PA- PERSONAL APPEARANCE PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCE FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES BI - BUDGET DI - DISCUSSION ITEMS MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City of Miami Page 2 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 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 15th day of November 2012, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Regular Commission Meeting was called to order by Chair Suarez at 9:00 a.in., recessed at 11:58 a.m., reconvened at 2:00 p.m., recessed at 2:01 p.m., reconvened at 2: 53 p. ni., recessed at 4:28 p.m., reconvened at 5:17 p.m., and recessed at 6:38 p.m.. to reconvene on Monday, November 19, 2012, at 6:00 p.m. and adjourned at 6:21 p.m. Note for the Record: On Thursday, November 15, 2012, Commissioner Carollo entered the Commission chambers at 9:03 a.m., Commissioner Gort at 9:04 a.m., Vice Chair Sarnoff at 9:09 a.m., and Commissioner Spence -Jones at 9:26 a.m.. And on Monday, November 19, 2012, Commissioner Carollo and Commissioner Gort entered the Commission chambers at 6:02 p.m. and Commissioner Spence -Jones at 6:03 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Dwight S. Danie, City Clerk Chair Suarez: (INAUDIBLE) during this meeting. Julie O. Bru (City Attorney): Good morning, Mr. Chair, members of the public, Mr. City Clerk, and Mr. Manager. Any person who's a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the code section about lobbyists is available in the City Clerk's office. The material for each item on the agenda is available during business hours at the City Clerk's office and also online at ww.miamigov.com [sic]. Anyone who wishes to appeal any decision that is made by the Commission far any matter considered at this meeting may need a verbatim record. Please, no cell phones or other noise -making devices. If anybody becomes unruly in the chambers, you will he barred, from attending any further Commission meetings. And anyone who has a disability that requires auxiliary aids, please contact the City Clerk. Thank you, Mr. Chair. Chair Suarez: Thank you, Madam Attorney. [Later..] Chair Suarez: We will now begin the meeting with a prayer by myself and the pledge of allegiance by the City Attorney. Invocation and pledge of allegiance delivered. Chair Suarez: Thank you. PRESENTATIONS AND PROCLAMATIONS PR.1 12-01295 PRESENTATION Honoree Presenter Protocol Item City of Miami Page 3 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Barbara Wade - Parks & Recreation Department 12-01295 Protocol Item.pdf PRESENTED Commissioner Carollo Certificate of Appreciation 1. Commissioner Carollo presented a Certificate of Appreciation to Barbara Wade, Youth Program Coordinator in the Parks and Recreation Department, in recognition of her professionalism and dedication to the extraordinary work she performs developing, implementing, and conducting recreational activities within the City of Miami parks. 2. Mayor Regalado presented certificates of merit to winners of the 2012 Miami Latino Art Beat competition for their artistic genius and outstanding contributions to the elevation of creative expression; further honoring their dedication to this challenging undertaking that celebrates youth, art and Hispanic heritage and culture. Chair Suarez: Commissioner, do you want to do your (UNINTELLIGIBLE)? Commissioner Carollo: Yes. I think Barbara Wade was coming. I think she's here. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, to APPROVE PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, to APPROVE PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones MAYORAL VETOES Chair Suarez: We will now proceed with the approval of the minutes from the regular meeting of October 11, 2012 and the Planning & Zoning meeting of October 25, 2012. Is there a motion? Vice Chair Sarnoff • So moved. Commissioner Gort: Second. Chair Suarez: It's been moved and seconded. All in favor, signify 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 S. Dania (City Clerk): No, sir, there are no mayoral vetoes. City of Miami Page 4 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 ORDER OF THE DAY Chair Suarez: Thank you. Chair Suarez.: Does the Administration wish to continue, defer, or withdraw any items from the regular agenda or the consent agenda? Johnny Martinez (City Manager): Yes, Mr. Chair, and I71 go slowly. Chair Suarez: Thank you. Mr. Martinez: PH.3, defer to January 10, 2013; FR.1, withdraw; RE.3, continue to December 13. Commissioner Gort: I'msorry; what was that again? Mr. Martinez: RE.3 -- Commissioner Gort: RE.3. Mr. Martinez: -- continue till December 13; RE.4, continue to December 13; RE.10, withdraw; RE.1, continue to December 13; RE.2, continue to December 13; and D1.2, defer to January 10, 2013. Chair Suarez: That's all? Thank you, Mr. Manager. Is there a motion? Commissioner, do you want him to reread all the continuance and deferrals? Commissioner Carollo: Yes. Commissioner Spence -Jones: Yeah, he can. I thought Neil was doing it with me, but PH go through them. You can go through them again. Chair Suarez: Okay, Mr. Manager, can you start from the top, please? Mr. Martinez: Yes, 1 will. Good morning, Commissioner. Commissioner Spence -Jones: Good morning. Mr. Martinez: PH.3, defer to January 10, 2013; FR.1, withdraw; RE.3, continue to December 13; RE.4, continue to December 13; RE.10, withdraw; RE. 1, continue to December 13; RE.2, continue to December 13; DL2, defer to January 10, 2013. Chair Suarez: Okay, is there a motion to defer, withdraw, and continue the items as stated by the City Manager? Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, Commissioner. You're recognized. Commissioner Carollo: Thank you. For RE.1, instead of December, can it he to the January meeting? Mr. Martinez: That's fine. City afMiam,i Page 5 Printed On 12/10/2012 City Commission Meeting Minutes November 15, 2012 Commissioner Carollo: So for RE.1, it'll he to the January meeting. And I also have a request for a deferral. Chair Suarez: Sure. Commissioner Carollo: RE.5 is the towing company agreement. It was my understanding that there was going to be a workshop with the towing companies. That has not occurred. Therefore, I don't feel voting on this until there is a workshop, like we discussed at the last meeting. So I would respectfully request that we defer this also. Tice Chair Sarnoff • Which one is that, RE (Resolution) --? Commissioner Carollo: RE.5. You remember, we discussed the towing and -- Commissioner Gort: They were supposed to get together, yeah. Commissioner Carollo: Right. They were supposed to have a workshop and have everybody, you know, air out the different issues and that didn't occur. I'm not sure -- I don't -- remember, we got Thanksgiving coining up, so I don't know if it's good to do it to December or to the first meeting in January. I said to the first meeting in January. Defer RE.5 to the first meeting in January. And I have one more, DI 3, and that could he to either December or January. I've asked -- I've requested jar some information, and l know Dainty's been busy with the tunnel loan so he hasn't had a chance to give me the information I requested. Commissioner Gort: You said PH.3? Commissioner Carollo: DI3, DI3. Commissioner Gort: PI [sic]. Commissioner Carollo: D as in dog. Commissioner Gort: Oh, okay. Commissioner Carollo: DI3, and that defer to, I don't know, December. That's all I have. Thank you. Mr. Martinez: We're okay. Commissioner Carollo: I'm sorty? Chair Suarez: Okay. Is there a motion as articulated by the City Manager and Commissioner Carollo? Commissioner Carollo: Move it. Commissioner Spence -Jones: Second. Chair Suarez: Is there --? Second by Commissioner Spence -Jones. You want to chime in? Commissioner Spence -Jones: I just have a question. Chair Suarez: A question. Commissioner -- Commissioner Gort: I have a question after her. City of Miami Page 6 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Chair Suarez: After we vote or before? Commissioner Spence -Jones: No, separate. Chair Suarez: Okay. Commissioner Spence -Jones: It's just a question on two items. Chair Suarez: Okay. Do you want us to vote on the deferrals and continuances and withdrawals? Commissioner Spence -Jones: You can. Chair Suarez: Okay. All in favor, signi fv by saying aye." The Commission (Collectively): Aye. Chair Suarez: Commissioner Spence -Jones. Commissioner Spence -Jones: Thank you, Mr. Chairman. Mr. Manager, I wanted to -- on RE.3 and RE.4, 1 noticed, you know, this is something that's been on our agenda since April 2012, and this is in regards to the Olympia project. And I know, from day one, I've been asking the Administration to at least -- in the process of us deciding what we're going to do on both of those items, that we at least put together, Henry, some sort of RFI [sic] just to kind of get a sense of what interest is -- what other interest is for these buildings. Now I know we went back and forth with the City Attorney's office regarding the issue of the affordability period and all of that, and I think, Madam City Attorney, kind of resolved all those issues. So I just don't want every single month that goes by, I mean, for their sake and for our sake, to not know what the possibilities are. So I'm going to just make a recommendation again, for like the third time, that we at least put out an RFI [sic] or some, you know, letter of -- something that we can put out to get an idea of what kind of interest there is, because we don't meet again until December. So now we've lost a whole month. Chair Suarez: Right. Commissioner Spence -Jones: So is there any way that, Mr. Manager, we can move on doing that, and we can do it a short period. It doesn't have to be a very long period, but to wait a whole month -- Henry Torre (Director, Public Facilities): We can start working on that right away, Commissioner. Commissioner Gort: Okay. Chair Suarez: Okay, go ahead, Mr. Torre. Mr. Torre: We could start working on that right away, Commissioner. Commissioner Spence -Jones: Okay. I really would like to do that, just so we know -- Mr. Torre: Okay. Commissioner Spence -Jones: -- what else is out there. City ofMiami Page 7 Printed on 12/10/2012 City Commission Meeting Minutes November 15, 2012 Mr. Torre: Okay. Commissioner Gort: Okay, let me ask you a question. What is the request? Commissioner Spence -Jones: The request is -- since April 2000 -- April 12, 2012 I've been asking that we look at the other possibilities of what could happen -- actually happen at the location. So I know a lot of it got hung up between that period because at the time we were trying to decide if there was an affordability period issue, and I think Julie opined on that and basically came hack to us and said a few months ago that's not the case. Mr. Torre: Commissioner, obviously we (UNINTELLIGIBLE). Julie O. Bru (City Attorney): Let me just where we are with that. There was a covenant that was recorded with the current tenant/developer -- Commissioner Spence -Jones: Yes. Ms. Bru: -- which requires an extended affordability period. Our communications with the State of Florida indicates that once there is a transfer -- Commissioner Spence -Jones: Yes. Ms. Bru: At this time there hasn't been a transfer- because we're in litigation seeking certain damages and/or possession of the property. But should the City obtain possession of the property either through litigation or through a settlement, then we can approach the State and have that covenant released, because we believe the covenant was recorded in error or, you know, against, you know, what the legal principles would have been to get that properly authorized. So that's the issue. Commissioner Spence -Jones: And so, basically, you were -- Ms. Bru: I think that the City would have the discretion then to decide from a public policy perspective what to do with that asset. Commissioner Gort:• Question. My understanding, we have a settlement that we have to move on. Do we? Ms. Bru: You know, we have had a settlement on the table now for quite some time, but we can't move on it until the Administration tells us we want to take this and we're going to do something with it -- Commissioner Spence -Jones: And they've been working -- to nay understanding -- Ms. Bru: Yeah. Commissioner Spence -Jones: -- with us. And, again, we're not making any decisions. I'm just saying, as a City Commissioner up here, I want to know what my options are. Mr. Torre: Okay. Commissioner Spence -Jones: So that I've been saying that for the last, I know, at least 120 days. So can we please at least put it out, see what comes back, and then at least we have the opportunity to, you know, determine what makes the most sense? Mr. Torre: Okay, we'll do that. City of Miami Page 8 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Commissioner Spence -Jones: Maybe we find more money. Chair Suarez: Thank you. Commissioner Gort: I have a question. RE.2, why is it being deferred? That's to bring additional revenues to the City. Mr. Martinez: There's a protest that hasn't been fully resolved yet. Commissioner Gort On RE.2? Mr. Martinez: Yes, sir. Commissioner Gort: The marina -- the -- Mr. Martinez: Right, the Museum Park Baywalk. Commissioner Gort No, no. Wait a minute. Commissioner Spence -Jones: I thought this was -- this not -- this is not resolved, RE.2? Mr. Torre: They were supposed to have it resolved today, but they didn't get it done. Mr. Martinez: Right. Commissioner Gort: Okey-doke. Chair Suarez: Okay, any further questions? [Later..] Chair Suarez: Okay, all we have left is discussion items at this point, and obviously, the supplemental. You know, we're not going to take up the supplemental until we have a full Commission. So is there any -- you know, does anyone want to discuss any of their --? 1 don't have any discussion items. I think there's a couple of general discussion items. Maybe we can take those up and then go to the Commission discussion items. City afMiami Page 9 Printed an 12/10/2012 City Commission Meeting Minutes November 15, 2012 CONSENT AGENDA CA.1 RESOLUTION 12-01204 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF RICKY FRAGER, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $40,100, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.524000.0000.00000. 12-01204 Memo - Office of the City Attorney.pdf 12-01204 Memo - Financial Signoff.pdf 12-01204 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0428 CA.2 RESOLUTION 12-01146 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT TWENTY-ONE (21) RIGHT-OF-WAY DEEDS OF DEDICATION, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR HIGHWAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO KEEP COPIES OF SAID DEEDS. 12-01146 Summary Form.pdf 12-01146 Legislation.pdf 12-01146 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0429 CA.3 RESOLUTION 12-01169 Department of Planning and Zoning A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING APRIL AND OCTOBER, 2013, AS THE MONTHS FOR THE CITY COMMISSION TO CONSIDER MIAMI 21 ATLAS AMENDMENTS FOR THE YEAR 2013, City of Miami Page 10 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 PURSUANT TO ORDINANCE NO. 13114, ARTICLE 7.1.2.8.(B)(1), OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. 12-01169 Summary Form.pdf 12-01169 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Samoff, Carollo, Suarez and Spence -Jones R-12-0430 CA.4 RESOLUTION 12-01198 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE PALM BEACH COUNTY SHERIFF'S OFFICE MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE CITY OF MIAMI'S CONTINUED PARTICIPATION IN ACTIVITIES ASSOCIATED WITH THE INVESTIGATION AND PROSECUTION OF CRIMES RELATED TO PRESCRIBED CONTROLLED SUBSTANCES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENT, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF FUNDS AS STATED IN SAID AGREEMENT. 12-01198 Summary Form.pdf 12-01198 Memorandum of Agreement.pdf 12-01198 Legislation.pdf 12-01198 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0431 CA.5 RESOLUTION 12-01202 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED SEPTEMBER 7, 2012, PURSUANT TO INVITATION FOR BID NO. 336304, FROM WHOLESALE MILITARY DEALER LLC, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PURCHASE OF BADGES, WALLETS AND INSIGNIAS, ON AN AS -NEEDED BASIS, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, 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, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. City of Miami Page 11 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 12-01202 Summary Form.pdf 12-01202 Award Recommendation Form.pdf 12-01202 Tabulation.pdf 12-01202 Addendum No. 1.pdf 12-01202 Invitation for Bid.pdf 12-01202 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0432 CA.6 RESOLUTION 12-01007 District 1 - A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING, PURSUANT Conznzissioner TO SECTION 62-521(B) (4) OF THE CODE OF THE CITY OF MIAMI, Wifredo (Willy) Gort FLORIDA, AS AMENDED, THE TEMPORARY EVENT TWO (2) EVENT LIMITATION PER PROPERTY TO ALLOW THE PROPERTY AT 3701 NORTHWEST 7TH STREET, MIAMI, FLORIDA, TO HOST TEMPORARY EVENTS CONSISTING OF THE SALE OF CHRISTMAS TREES, SPARKLERS, AND RELATED ITEMS BEGINNING NOVEMBER 22, 2012 AND ENDING DECEMBER 31, 2012. 12-01007 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0433 CA.7 RESOLUTION 12-01197 District 4- A RESOLUTION OF THE MIAMI CITY COMMISSION NAMING THE Commissioner COMMUNITY CENTER AT SHENANDOAH PARK, LOCATED AT 1800 Francis Suarez SOUTHWEST 21STAVENUE, MIAMI, FLORIDA, AS THE "RENE JANERO COMMUNITY CENTER", IN HONOR OF RENE JANERO FOR HIS DEDICATION AND ACHIEVEMENTS IN THE FIELD OF RECREATION AND SPORTS; DIRECTING THE CITY MANAGER TO TAKE ALL ADMINISTRATIVE ACTIONS NECESSARY TO EFFECTUATE THE NAMING OF SAID FACILITY. 12-01197 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0434 CA.8 RESOLUTION 12-01206 City of Miami Page 12 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT FUNDS, IN THE AMOUNT NOT TO EXCEED $46,000, CONSISTING OF A GRANT AWARD FROM THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION/FLORIDA BOATING IMPROVEMENT PROGRAM ("FBIP"), FOR THE PURPOSE OF REMOVING APPROXIMATELY TWENTY-FOUR (24) IDENTIFIED DERELICT AND ABANDONED VESSELS IN PUBLICLY OWNED CITY OF MIAMI WATERWAYS; AUTHORIZING THE ALLOCATION OF THE CITY'S MATCHING FUNDS, IN THE AMOUNT OF $20,000, FROM CAPITAL IMPROVEMENT PROJECT 40-B30706, AND IN -KIND SERVICES IN THE AMOUNT OF $9,600; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A FBIP GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY DOCUMENTS , IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT AWARD. 12-01206 Summary Form.pdf 12-01206 Letter - Citywide Derelict Vessel Removal.pdf 12-01206 FY' 11-12 Grant Awards for Derelict Vessel Removal.pdf 12-01206 Legislation.pdf 12-01206 Exhibit 1.pdf 12-01206 Presentation - Vice Chair Sarnoff.pdf Motion by Commissioner Gort, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0436 Direction by Vice Chair Sarnoff to the City Attorney to create a small committee, with the assistance of the Administration, for the purpose of developing a plan to clean-up the City's waterways, which will include, but is not limited to Commissioner Gort, a Marine Patrol Sergeant, and Rodney Barreto; further directing the committee to report back to the City Commission in February with a status update. Chair Suarez: Commissioner -- Vice Chair, you're recognized on CA.8. Commissioner Sarnoff. Vice Chair Sarnoff: Thank you, Mr. Chair. This is an issue that is obviously something we want to do, which is to accept a fund and a grant in the amount of $46,000 from Florida Fish and Wildlife. But I thought as probably being the premiere maritime sailing city maybe in the United States, but certainly on the southeast part of the United States, that I would bring to our attention a looming problem, and this problem has been going on for many, many, many years. And we have sunken barges, sunken boats, and not just a few. There are approximately 37 sunken barges, sunken boats in the City ofMiami jurisdiction; 17 are submerged fully; 4 are beached, - and 16 are presently floating. They are, in no other words, a maritime hazard and an eyesore to the City of Miami. We have had a barge that has been submerged in the basin by Marine Stadium far the better part of 27 years. It is a not a small barge; it's a huge barge. And I'm asking the Manager and the Administration to come up with a strategy to remove these 37 total ships. I'd ask the City Attorney to be involved extensively because there are some maritime concepts that may actually enhance the City's ability to actually get paid for these things. And I don't think we've ever sat down and tried to strategize and come up with a way of taking these submerged vessels and abandoned vessels down simply because it just has never been a priority, and I think we need to make it a priority. And I think it's something that we should be taking cognizance of. 1t doesn't do anything for us to look this way, number one. So if you're a person that never goes out in the water, it doesn't look good. For a person that goes out in the water, City of Miami Page 13 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 it's a real maritime hazard. If -- I also think it inhibits our economic development, because if we sort of -- not accept but actually nourish and go after the fact that we are a maritime city, there are a lot ofopportunities being that maritime city that San Diego has absolutely gone after, that other cities -- even Savannah, which is really on a river, has gone after. And 1 think it's time for us to look at ourselves and say to ourselves we are the premiere greatest maritime city certainly in the southeast region of the United States, but I would suggest to you in the United States. And I think these little achievements that the City can do, we should do everything we could do to get these boats out of the water from an aesthetic standpoint and an economic standpoint. And I also -- if you look at the one right here on your screen, this is a gentleman that has sat out there for the better part of three years conducting salvage operations and does so, in nay humble opinion -- though I will always defer to our City Attorney in an illegal way. And I think it's time for us to go to a court of lave and for a Court to tell us you're right or you're wrong. Commissioner Gort: My understanding is -- my question is going to be to you, these vessels, do they have any salvage value that we can obtain out of that? And number two, I read an opinion that was given to you by the State about where we can set up our own boundary, present it to the State; and if the State approve, then we have jurisdiction over that boundary that we set up. So I think that should be part of this plan also, 'cause we have that same problem on the river. I mean, we have it in the City as a major problem. Vice Chair Sarnoff. I absolutely agree with you, Commissioner. I think -- I -- that's why I said let's set up -- and I'm not a guy that likes committees. 1 don't like committees. However, this is a pretty large problem. It's a problem that involves -- it's going -- you're going to need the City Attorney involved. And I know you're thinking in terms of salvage opportunities, but if you can prove when this vessel went down and it was insured, you go right to the insurance company, and the insurance company pays for the salvage value of that vessel. It's called sue and labor. It's on every insurance contract in a maritime setting. And I just don't think anybody's ever looked at this. And as we start to improve our waterfront, as we look at Marine Stadium, as we look at all these various opportunities, I think we need to clean up not only our oven streets, but we need to clean up our own waterways. Chair Suarez: Yeah. And I think in terms of salvage value, what may he interesting to look at is creating artificial reefs, you know, deep -- in deeper waters, where, you know, you can salvage the craft in a different sense. Not salvage it to make it seaworthy, but salvage it for artificial repurposes, you know, far outside of the bay. That may he something worth exploring as well. Vice Chair Sarnoff: So the direction I'd like to give, if my colleagues would join roe, is for the City Attorney to be the person in charge of cre -- along with somebody from the Administration, to create a very small committee. I would volunteer Commissioner Gort on this one to he on it -- Commissioner Gort: You got it. Vice Chair Sarnoff: -- as opposed to he being volunteered by you. Commissioner Gort: I make the motion far you to chair the committee. Tice Chair Sarnoff • There you go. And that we report hack to this Commission by February. Chair Suarez: Okay. This is an item -- does the direction also require a motion? No? Okay. Is there a motion on CA.8? Commissioner Gort: Move it. Chair Suarez: Moved by -- City of Miami Page 14 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Vice Chair Sarnoff: Second. Chair Suarez: -- Commissioner Gort and second by the Vice Chair, with a direction as articulated by the Vice Chair. All in favor, signify by saying stye." The Commission (Collectively): Aye. Chair Suarez: Chief Chief Manuel Orosa: Chief Manny Orosa, Miami Police Department. May 1 add a couple of comments? One, you're right, Commissioner. We're now at 42 boats instead of 37. Most of these boats are -- boats that are anchored in the City right-of-way in the marina and, basically, a storm comes by and now the storm damages the boat; people abandon the boat because they're worthless, so they take off, and we have to spend, on average, depending on the size and the material the boat is made of, it's about $2,000; some boats are 5; some boats are 7, $800, hut on average, about $200 -- $2, 000. We usually get a grant every year, from the State, about $40, 000, that deals with about 20 boats. But then by the time the next year comes along, we have another 20 to 40 boats. So we're always behind the hall when it comes to State funding, and for three years the State didn't give us any money. But they gave us last year; they're going to give us this year all that. The only thing I would recommend to you is in that committee, if it would he possible to put one of nay marine patrol sergeants there because they deal with this issue day in, day out, and they have -- they're the ones that -- they do the documentation to be able to get rid of the boats. So if -- I humbly suggest that you allow a member of Marine Patrol to he part of your committee. Vice Chair Sarnoff: No, I -- Chief, I certainly welcome it. And I'd like the goal to be that we give the City of -Miami a Christmas present next year, and that Christmas present is no sunken boats, so that should be our goal. Chief Orosa: Okay. And just to clam something, usually city waters, the bay bottom belongs to the State. That's why the Commissioner is right; we have to go through the State. But where the old Marine Stadium is, that is the only bay bottom that belongs to the City in the entire city. So we really don't have to go to the State for anything in that portion of the water. Tice Chair Sarnoff • And in that spot is a huge barge, which has been submerged for, I think, about 30 years. Chief Orosa: That's the one in the picture. Thank you. Chair Suarez: Thank you, Chief. We have a personal appearance this morning by Mr. Rodney Barreto, who is updating us on the 50th anniversary game of the Super Bowl and it also happens to he his birthday, so Happy Birthday to you, Mr. Barreto. Rodney Barreto: Thank you. Chair Suarez: And thank you so much for taking the time to come here and address this Commission on this vary important matter. Mr. Barreto: Thank you, Commissioners, Mr. Manager, Mr. Mayor. Before you get off the subject of sunken boats, as the past chairman of the Fish and Wildlife Commission, I would strongly urge you to get Nick Wiley, the executive director, or Carlo Brown, who is our chief law enforcement officer. He's actually from Miami. And it'll cut through all the red tape with respect to dealing with these boats. And if I can he of any help, let me help you. This is not an issue that Miami is dealing with. Throughout the whole state they're dealing with this issue, and a lot has to do with the economy. A lot of people don't want to go pay $500 a month to the marina, so City of Miami Page 15 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 CA.9 12-01282 District 2- Commissioner Marc David Sarnoff they'd rather go do alive anchorage. But the problem with that is there's no provision for defecating over the side of the boats and all that, so it's an issue that you really need to grapple with. And I can get -- Mr. Chairman, whatever you want me to help with, I would love to help. Chair Suarez: Yeah. If you could just give it to the Vice Chair. Unidentified Speaker: Marc -- Vice Chair Sarnoff: Would you like to he on the committee with us? Mr. Barreto: Sure. Commissioner Gort: You got an additional board member. Mr. Barreto: There you go. I'm on the committee. Tice Chair Sarnoff • Yeah. And I know Rodney can cut through a lot of red tape. And you bring along whoever you want to bring along, and we will meet at least two times before the February meeting. Mr. Barreto: You got it. Count on it. Okay. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY URGING THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS TO REINSTATE THE FUNDING FOR THE SCAVENGER BOAT THAT PATROLS THE MIAMI RIVER AND BISCAYNE BAY FOR THE PURPOSE OF CLEANING THE SHORELINE OF ACCUMULATED DEBRIS AND LITTER; DIRECTING THE CITY CLERK TO TRANSMIT A COPY TO THE OFFICIALS STATED HEREIN. 12-01282 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0435 Adopted the Consent Agenda Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF CONSENT AGENDA Chair Suarez: Any Commissioner wish to pull any item from the CA (Consent Agenda)? Vice Chair Sarnoff • Yes, sir. Id like to pull CA.8,for discussion. Chair Suarez: Yes. Any other ones? Is there a motion on the remaining items of the consent City of Miami Page 16 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 PA.1 12-01281 (PA.1) 12-01281a agenda? Commissioner Gort: Move it. Chair Suarez: Moved by Commissioner- Gort. Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. All in favor, signiif by saying aye." The Commission (Collectively): Aye. PERSONAL APPEARANCE PRESENTATION MR. RODNEY BARRETO, CHAIRMAN OF THE SUPER BOWL HOST COMMITTEE, TO PROVIDE AN UPDATE ON THE BID TO HOST THE 50TH ANNIVERSARY GAME IN 2016. SPONSORS: CHAIRMAN FRANCIS SUAREZ VICE-CHAIRMAN MARC SARNOFF 12-01281 Rodney Barreto - Host 50th Anniversary Game 2016.pdf PRESENTED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING RODNEY BARRETO, CHAIRMAN OF THE SUPER BOWL HOST COMMITTEE AND WILLIAM TALBERT, III, PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE GREATER MIAMI CONVENTION AND VISITORS BUREAU, TO MAKE ALL EFFORTS NECESSARY TO BRING THE 2016 SUPERBOWL TO DOWNTOWN MIAMI. 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-12-0450 Rodney Barreto: With that, I appreciate the moment. I invited Bill Talbert. Everybody knows Bill Talbert with the Convention Bureau here. We've been very fortunate to be invited to bid on the 50th anniversary of Super Bowl, which is the 2016 game. Unlike what they've done in the past, they have limited the field to two teams or two cities: San Francisco, which is Santa Clara, which is the 49ers, who are getting ready to have a billion -three stadium be unveiled,- and then South Florida, or Dolphin Stadium. And so we're going to put the best foot forward. Where the State of Florida has hosted more Super Bowls than any other state in the country, the City of Miami has hosted more Super Bowls than any city in the country. So we have a great, deep City of Miami Page 17 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 history going back to the Orange Bowl to the present stadium to host the Super Bowl. The 50th Anniversary would he a real crown jewel for us in South Florida, particularly in Miami, is that we can -- you know, the history and the amount of monies that the NFL (National Football League) is going to put into this game, promoting it as their big anniversary. So we're excited about it. We think that we have a new downtown, different than our downtown of 2010, and I think there are so many great attributes; additional hotels, what the Intercontinental just did, the tunnel, the --just the -- the rail system to -- from the airport to the downtown systems that are going to really help complement what we are getting ready to hid on. I spoke to the NFL yesterday far about an hour, and they kind n f led me to believe that they're looking far a more kind of packaged deal, meaning like a more of a urban setting as opposed to being spread out from county to county. And so they've said, far me to look at the mindset of what they had in Indianapolis. In Indianapolis there was all right -- kind of like in their downtown. In their core they actually had zip lining through downtown, which was amazing. I mean -- so -- but -- So those are some of the things. And I thought it was important, you know, Mr. Chairman, when we saw each other, that we kind of come to give you a briefing. Our hid package is going to he due -- and 1 talked to Bill -- we're going to be due in the first quarter of next year. 1t'11 be submitted. And then we will -- it'll be selected in May. And the beautiful thing there -- I guess not beautiful thing, but if we lose that opportunity, we will be bidding the -- next year, 2017, for the 2017 game, with a very small field. We've asked Dan Marino and we've asked Jason Taylor to he honorary cochairs of the Super Bowl committee, so they're going to he the faces to help bring us over the goal line, so to speak. Is there any questions? Chair Suarez: Well, I think -- First of all, I want to commend you and the Super Bowl committee for -- the Orange Bowl committee that you sit on for all of your efforts to promote the City of Miami. I think we all know that a Super Bowl in Miami, much less the 50th Anniversary of the Super Bowl, is something that brings an incredible amount of economic development to the City nfMiami, and I think to condense it in downtown has got to bring a smile to the Vice Chairman's face. And so, you know, 1 would gladly -- you know, and 1 think our government and our Commission would gladly do anything that we can to support your efforts to the extent that I could make myself available; you have my full and undivided commitment, and I'm sure I could say that for the rest of our Commission, you know. And we feel that we should definitely win this. This is an incredible city with a bright -- very, very bright fiaure, and we're hopeful that you can bring hack the Super Bowl trophy to Miami. Mr. Barreto: Well, we're going to work hard with the Convention Bureau. Bill is going to take the lead on putting the package together. I came here with -- just to kind of give you a brief with no ask, but when I woke up this morning when you found $45 million, Commissioner Carollo, I thought, you know, maybe there's a few extra bucks somewhere. No, I'm just kidding. It's early in that game -- Commissioner Spence -Jones: We -- by the way, we have the same question. Mr. Barreto: Yeah. It's early -- I met with the Mayor a week ago and discussed, you know, the Super Bowl with him as well, and he says, Well, you know, we don't have any money. "And I said, well, you don't have any money today; this is 2016 so -- But it's going to take a big effort from everybody. I've already spoken to the Governor about your working with the Sports Commission to get them engaged. He is fully committed to working with it, bringing it to the state of Florida. So you know, we're going to put our best effort forward, and I think that -- I think -- I really feel in my heart that we will win this one. Chair Suarez: And, you know -- Mr. Vice Chair -- I was going to say that if you need us to pass a resolution supporting your efforts and any other things that we can do, you know, obviously in terms of publicity and being a part of the process but also to the extent that we do have resources at some point in the future, maybe that's something that could he thought about. Mr. Vice Chair. City of Miami Page 18 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Vice Chair Sarnoff: Yeah. I want to talk a little hit, I think, about the DDA's (Downtown Development Authority's) involvement, but before I do so, I thought I'd bring to our attention -- I don't know if everybody's aware of this. After Mr. Steve Ross became the owner of the Dolphins -- The Dolphins were primarily a Davie team, meaning they had all their offices, all their personnel, all the contractors existed in Davie. I believe the first call of business for Mr. Ross u'as to say this is the Miami Dolphins. And Commissioner Spence -Jones, I don't know if you're aware, but they moved the entire facility to Miami Springs. Commissioner Spence -Jones: No. Vice Chair Sarnoff • No. Miami Gardens. I apol -- Miami Gardens. Commissioner Gort: Miami Gardens. Vice Chair Sarnoff: So they became a -- at least a Miami -Dade County team, and putting their money where their mouth was. Commissioner Spence -Jones: And I know you're working on them having a downtown office. Vice Chair Sarnoff: And yet -- and we're actually trying to name a building called the Dolphin Building, hut we haven't gotten them to hite just yet. But I'm trying to show them the wisdom of having one of those 50-story buildings, and obviously having the word Dolphin up there. But 1 just want you to know, Rodney, that the DDA -- and I hope you would invite them or myself to he on that committee -- Commissioner Spence -Jones: Yes. Vice Chair Sarnoff: -- 'cause I'd love to have the DDA or myself on that committee, and we will not just bring our thoughts and deeds; we will bring our money. We will budget and appropriate to make sure that we are a partner with you, helping you move what I think is a large amount of some repositioning you need to do, and I think helping get the -- those in Miami that feel like -- that resist the idea to help endorse the idea because, you know, we are really the Super Bowl city and you want to remain that Super Bowl city. And in the words of Bill Talbert -- and I've learned this from him through Volvo -- we're a big -event city. Mr. Barreto: Yeah. Vice Chair Sarnoff: And this is the biggest show on the face of the earth. Mr. Barreto: Well, you know, it starts right at our airport. People fly into the airport. They either take a corporate car or they rent a car or they take a cab. They stay in our hotels. They eat in our restaurants. They buy, you know, flowers, gifts. You know, this is corporate America at its hest. They're entertaining their top clients. They're -- you know, they're bringing in their top people to give them a good time. There's -- money is no object. Commissioner Gort: The sponsors. Mr. Barreto: And then you have another 50,000 people who come to your community with no intentions of going to the game. They're here for the parties. They're here to see the stars, be a star, you know, the whole deal. So it's really something. Museum Park. Vice Chair Sarnoff: Well, actually, both museums by then will be open so -- Commissioner Gort: Rodney, if -- City of Miami Page 19 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Mr. Barreto: Yes, sir. Commissioner Gort: -- anyone can do it, it's yourself. Go back a few years and Skip Sheppard and yourself when you started doing the -- a lot of the work and bringing people to downtown Miami. So I know if one person can do it, you can put the right team together. Mr. Barreto: Well, thank you. Commissioner Gort: And we'll all he here to support you. We understand how important it is economically for the City of Miami. Not only the amount of revenue it creates during the -- but the events and seeing them worldwide. Mr. Barreto: Yeah. Commissioner Gort: I mean, one of the reasons we have so many visitors coming over here is because of the film industry and what it's done, for the City of Miami. 1 mean, that's billions of dollars in advertisement for the City. Mr. Barreto: We'll bring 5,000 press; 3,500 from United States, another 1,500 international press, and every byline will be from Miami, Florida, and you cannot buy that. If ,you put a number on it, it's $50 million. I mean, really -- Commissioner Gort.: Yes. Mr. Barreto: I mean, Bill will tell you. Thank you for recognizing that was one of the founding directors of the Bayfront Park Trust, and I created the Big Orange event, which still goes on today; just celebrated its twenty-fifth anniversary. I'm very impressed, and I compliment the folks at the Intercontinental Hotel. 1 told the Mayor the other day -- and 1'11 let this Commission know -- that I've put together drawings to light up Rickenbacker Causeway with LED (Light Emitting Diode) lighting, and I'm getting ready to sell that to the public. No public -- no government money. It'll he a privately funded so we can light up that bridge, what lthink will be the cherry on the cake for our beautiful city. So I will he sending each of,vou a rendering so you'll see it. But Bernardo Fort, who's been helping me with it, and we're going to he out -- we're going to come knock on Marc's door here soon because a lot of his constituents will be looking at that bridge. Commissioner Gort DDA. Mr. Barreto: Sn -- hut it's going to he a beautiful. I mean, think about it. On Valentine's Day you can light the bridge up all red; on St. Patrick's Day it could be green; if the Dolphins are playing, it could he multicolored. It just -- it'll be just -- just really set Miami off so. Vice Chair Sarnoff: Miami's nickname, City of Lights, right? Mr. Barreto: That's right. That's right. Commissioner Spence -Jones: First of all, once again, I want to ditto everything that everyone has said, Rodney. Your leadership on the Super Bowl and just really making sure that there's support happening for a lot of our small businesses 'cause I know that's been a big push for you, and know I saw a big difference in the 2010 Super Bowl. There were more businesses, small businesses participating. I mean, a lot of times we just think or focus on people coming in to the area, which is a great economic engine, and that's awesome, but when the small businesses, the T-shirtguyand the vendors that can benefit from, you know, this event that's coming to town, then we're doing, you know, half of our job. But more so than that, one of the things I want to also commend you on is the outreach that the Super Bowl committee does for our city and county City of Miami Page 20 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 parks, you know. We don't realize that when these big events come in town, a lot of times that means major renovation of our city parks and our county parks, so neighborhoods actually feel the difference of the Super Bowl being here. So I just wanted to commend you. I did see a big difference in the 2010 -- you know, you really, you know, had a lot about reaching the -- of course, Bill, you know, you never- stopped. You like the ever -- ever -- what do you call it, the Eveready [sic] bunny? Commissioner Gort: Eveready [sic] bunny. Commissioner Spence -Jones: You know, you're always making it happen. Chair Suarez: Energizer bunny. Commissioner Spence -Jones: I do have a separate question, though, and I don't know if ,you're the official sports commissioner. It seems like you may have appointed -- been, you know, appointed to that position to bring these kind of sports -related, you know, projects to the County. Are there any other efforts going on to attract other national or international games to the City? Mr. Barreto: Right now there's an effort to bring the Pan Am Games -- Commissioner Spence -Jones: Okay. Mr. Barreto: -- to Miami -Dade -- Commissioner Spence -Jones: Okay. Mr. Barreto: -- and to the City. It's -- The Pan Am Games will require us to he -- Miami -Dade, Broward, and all the facilities in between. Commissioner Spence -Jones: Okay. Mr. Barreto: So, yes, there's a current effort going on. In fact, there's a dinner with the Pan Am committee at Vizcaya at the end of the month. Commissioner Spence -Jones: Okay. 'just think that it's -- and we don't have to, you know, deal with it all today, Bill and Rodney, but I think that on -- from our perspective, the City's perspective, we're hying to figure out whatever it takes to get people corning to our city -- Mr. Barreto: Right. Commissioner Spence -Jones: -- in droves, you know, whether or not it he, you know, soccer matches, I mean, major soccer matches -- What is it, the World Cup? You know, I would love to see the Olympics. I just left Atlanta and did a tour with the Atlanta Mayor staff there on some of the projects that happened after the Olympics. I mean, stuff that they built in 1996 in Atlanta are still standing there. It was a part of a major, you know, restoration towards the city. So are those kind of plans being put on the books now? Are we doing -- are we actively going after these type of ventures as well -- Mr. Barreto: I know that -- Commissioner Spence -Jones: -- or opportunities as well? Mr. Barreto: Commissioner, I know the County's making an effort on the Pan Am Games. I don't think we would qual for an Olympic -type game. I know that we would qualify for the run-up, like a playoffs for soccer and things like that that actually Mr. Ross is a bigger soccer City of Miami Page 21 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 fan than a football fan in a way. He always talking about soccer, so there's efforts there. You know, I think -- didn't they play soccer last night in the Marlins? Commissioner Gort: Yeah, the Venezuela-- yes. Chair Suarez: That's right. Mr. Barreto: So I know that's a had word today but -- Commissioner Spence -Jones: I just wanted to mention it. I just -- Mr. Barreto: Yeah. Commissioner Spence -Jones: -- think that it's really important. And whatever we can do on our side -- I mean, quite frankly, you have a MSEA (Miami Sports & Exhibition Authority) hoard and part of their focus should be kind of attracting these kind of high-level events to the City, and 1 u'as just wondering as to whether or not there is an official plan that you guys have in place to kind of attract that, those kind of opportunities. Mr. Barreto: Well, Commissioner, I want to thank you for recognizing our efforts. Actually, it was your Super Bowl committee. And I've been involved in Super Bowl committee now for 25 years with Bill. And I've done five Super Bowls here, two as the chairman, but it was our efforts who sat the Super Bowl committee themselves down and said don't bring your contractors here to our community. We'll use our own minorities, local businesses, and we opened their eyes to that. In fact, we set the standard. And in 2007 game, a record I broke with Bill and others in our committee, we did $27 million, I believe, with minority companies. No one's broken it since so -- hut we really know that's important. We hear it from this Commission, we hear it from the Beach Commission, we hear it, from the County Commission that our local community -- if we're going to put our tax dollars into bringing an event like this, then our people should benefit. Commissioner Spence -Jones: Yes. Vice Chair Sarnoff. Mr. Chair. Mr. Barreto: So -- Chair Suarez: Yes, Mr. Vice Chair. Vice Chair Sarnoff. I'd like to actually pass a resolution, and I'm going to offer the resolution. I'd like this Commission to pass a resolution asking/authorizing Mr. Barreto and Mr. Talbert to do everything in their- power to bring the Super Bowl to downtown Miami, everything they can do. And like I said before, the DDA should he right next to them. I would hope the Bayfront Trust would be right next to them as well. You know, bring all resources to bear. Stand up and say everybody take an active position saying the City of Miami wants this, the City of Miami Commissioners have thought about this, and the City ofMiami Commissioners are appealing to everyone to bring them. Chair Suarez: It's been moved. Is there a second? Commissioner Gort: Second. Commissioner Spence -Jones: Second. Commissioner Carollo: Second. City of Miami Page 22 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Chair Suarez: Second by the rest of the hoard. All in favor, signify by saying live." The Commission (Collectively): Aye. Chair Suarez: Mr. Clerk, you got to figure out who the second is on that one. It was a unanimous three seconds there. Mr. Barreto: Thank you, Mr. Chairman and Commissioners. Chair Suarez: Thank you, Mr. Barreto. Mr. Barreto: Mr. Manager, Mr. Mayor, thank you very much. Chair Suarez: Thank you for all your work. Vice Chair Sarnoff: And -- Chair Suarez: Thank you for all your work. Vice Chair Sarnoff: -- Commissioner Spence -Jones, Ijust want you to know that the Pan Am Games are what you have to do really first hefore you can get an Olympics, so that thought process is at least -- that train has left the station. And Ross -- Mr. Ross, if you watch this summer, I think coming up there's going to he a lot of soccer played there, and the idea behind that is to bring the World Cup soccer qualifications to Miami. Commissioner Spence -Jones: Okay. Chair Suarez: Thank you. END OF PERSONAL APPEARANCE PUBLIC HEARINGS 9:00 A.M. PH.1 RESOLUTION 12-01200 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), APPROVING THE HISTORIC PRESERVATION PILOT Economic PROGRAM POLICIES, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND Development INCORPORATED; AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $185,698 FROM THE DISTRICT 2 ECONOMIC DEVELOPMENT RESERVE ACCOUNT, AS SPECIFIED IN EXHIBIT "B", ATTACHED AND INCORPORATED, AND THE ALLOCATION OF SAID FUNDS TO THE COCONUT GROVE HISTORIC PRESERVATION PILOT PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 12-01200 Summary Form.pdf 12-01200 Notice to the Public.pdf 12-01200 Legislation.pdf 12-01200 Exhibit 1.pdf City of Miami Page 23 Printed On 12/10/2012 City Commission Meeting Minutes November 15, 2012 Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioners) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0437 Chair Suarez: PH 1. You're recognized, Mr. Mensah. George Mensah: Good morning, Commissioners. George Mensah, director, Community Development. PHI is a resolution of the Miami City Commission, with attachments, approving the Historic Preservation pilot program policies, as specified in Exhibit A, and also authorizing the transfer of Community Development Block Grant, funds in the amount of 185, 698 from District 2 economic development reserve account for the Historic Preservation pilot program in the Coconut Grove. Vice Chair Sarnoff. So moved. Chair Suarez: It's been moved. Is there a second? Commissioner Carollo: Second. Commissioner Gort: Second. Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Carollo. This is a public hearing item. Anyone from the public wishing to speak on PH 1 ? Hearing none and seeing none, the public hearing on PH.1 is closed. All in favor, signify by saying aye." The Commission (Collectively): Aye. PH.2 RESOLUTION 12-01199 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXTEND THE Economic AGREEMENT END TERM DATE, BETWEEN THE CITY OF MIAMI ("CITY") Development AND NEIGHBORS AND NEIGHBORS ASSOCIATION, INC., FROM OCTOBER 15, 2012 TO OCTOBER 15, 2013, TO ALLOW FOR THE COMPLETION OF THE REHABILITATION AND CONSTRUCTION IMPROVEMENTS OF THE PROPERTIES LOCATED AT 5861 NORTHWEST 17TH AVENUE AND 5841-45 NORTHWEST 17TH AVENUE, MIAMI, FLORIDA, KNOWN AS THE DISTRICT 5 BUSINESS CORRIDOR EXPANSION PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 12-01199 Summary Form.pdf 12-01199 Notice to the Public.pdf 12-01199 Pre-Legislations.pdf 12-01199 Letter - Neighbors & Neighbors Association Inc.pdf 12-01199 Legislation.pdf 12-01199 Exhibit 1.pdf City of Miami Page 24 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0438 Chair Suarez: PH.2. George Mensah (Director, Community Development): PH.2 is a resolution of the Miami City Commission, with attachments, authorizing City Manager to extend the agreement end and term date between the City of Miami and Neighbors and Neighbors Association, from October 15, 2012 to October 15, 2013, to allow for the completion of rehabilitation and construction improvement to properties located at 5861 Northwest 17th Avenue and 5841-45 Northwest 17th Avenue. Chair Suarez: Thank you. This is a public hearing item. Anyone from the public wishing to speak on PH.2? Seeing none, hearing none, the public hearing on PH.2 is closed_: coming back to the Commission. Is there a motion? Commissioner Spence -Jones: So moved. Commissioner Carrillo: Second. Chair Suarez:: Moved by Commissioner- Spence -Jones, second by Commissioner Carollo. All in favor, signib, by saying aye." The Commission (Collectively): Aye. Commissioner Spence -Jones: And I just want George to just put on the record the reason far the extension. I believe sonic of this stuff is in relationship to WASA (Water and Sewer Authority), right? Mr. Mensah: Yes. WASA was the major problem. And in addition, also they have -- when they started the construction, they realized that it was -- the damage was greater than they expected. So that was the cause far the delay. Commissioner Spence -Jones: I just would want to say to the Administration -- I don't know if that's a conversation for Johnny, but I'm sure you guys have WASA issues like I have WASA issues. Chair Suarez: Yes. Commissioner Spence -Jones: I mean, is there any way that, you know, we could engage some sort of discussion with WASA or have them maybe come to present in front of us here so we can at least express our concerns, you know, with our projects? I mean, has --? I'm sorry. Did I hit a button? Commissioner Gort: No. You hit a good button. And let me tell you, I'd like to send a letter to Public Works 'cause I have some individuals in my neighborhood that want to build some affordable housing and they're asking for about $40,000 to make an extension, all the changes that WASA supposed to he doing. Now my understanding is WASA -- and I asked the Public Works to check with the Miami -Dade County Public Work [sic] because they've been doing work of extension and changing some of the pipes in our neighborhoods. But if they can get somebody else to pay for it, they would love to do that. So I think that you're right on it. We should have -- City of Miami Page 25 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 I think I requested that from Public Works. Maybe next meeting he can bring us an update in what are their existing plan, because those plans already been funded. And if they are funded, they should waive the requirement to the people doing affordable housing or small business. Commissioner Spence -Jones: And Ilove that. So Public -- Iguess that's Zany. Mr. Mensah: And Commissioner, can I put another -- some other issues that we have in Liberty City, for example. As you know, we are building some infill projects passed with NSP (Neighborhood Stabilization Program) in Liberty City. We had four properties that previously had single-family housing on them. When we went to WASA, WASA told us that because they are four properties being built by the same developer, which means the City of Miami, we have to go three blocks to get -- extend the main. The cost of it was $120,000. Commissioner Spence -Jones: That's more than the house. Commissioner Gort: That kills it. Mr. Mensah: I have attempted a number of times through WASA to try to get them to even agree for us to just build two instead of four. I'm still waiting for an answer from WASA. So there is a big issue that we're having with them. I mean, they don't -- they even disregard the fact that we are a city and still impose this onerous responsibilities on us. So I think that's something that needs to be addressed. Commissioner Spence -Jones: I just -- I agree with Commissioner Gort. I would like for the Public Works director to definitely come back with, you know, some sort of plan at the next meeting of what the County already has on the books. But I would like to also have a WASA representative come to let us at least express to them our concerns. I would like to hear what they have to say on the record. Vice Chair Sarnoff Mr. Chair. Chair Suarez: Yes, Mr. Vice Chair. Vice Chair Sarnoff: I've attended the WASA meetings that have -- I don't know if you're aware, but Coconut Grove, especially the West Grove, has been under a moratorium for all of this year; which means there is a building moratorium in the West Grove. So all the things that we struggled up here with, there is, in theory, a moratorium. The moratorium is a consent decree between the Department of Environmental Protection, the EPA, and the County for -- let's just call it leaky pipes. There are two primary pump stations that need to he rectified. Actually, one is not even in Coconut Grove, but one is directly in Coconut Grove. So being under that moratorium, WASA has agreed with the federal government to what's call an NNI, No Net Increase, of water usage, flushings. So what happens is developers have to show well, I have already taken down a housing project with 50 toilets and I'rn putting up a housing project with 50 toilets. So you get the determination by WASA there is no NNI, No Net Increase. Having said all that, there are two issues that have never been publicly discussed. The first is WASA itself. And the County, as you know, has these funding -- primary funding sources: the general fund, it's got the port, the airport -- good news is the airport actually is sequestered funds -- and WASA. And for the past 20 years my question would he, how much has the County taken from WASA to fund the general fund to the County? Now, no one seems to have that direct answer. We're now told that it's between 8 and $12 billion to put Miami County in a correct posture that there would he no EPA violations. The question is -- and I know I read it in the Miami Herald, so I don't know if that's a good source, but it's a source -- that the County has been given IOUs to WASA, and that they intend on paying WASA backfr-om their general fund so that they don't show this great big shortfall, like we're forced to show oftentimes. Having said all that, Commissioner, you know, it's an odd thing because you ask yoursqf what government program should there be and City of Miami Page 26 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 PH.3 12-00390 Department of Public Facilities should there not be to stimulate growth. Well, here's how the northeast does it. South doesn't do it this way, but the northeast does it. In the northeast the government actually pays for water hookups, so you're notprimarily responsihle for that. Down here in Miami, ifvou're a developer and you're going to develop an entire block you know what WASA says to you? You can pay fir that whole block. So think about that. What is probably a 20 or 10,000 hookup, well, you could pay $150, 000 to replace that pipe. And by the way, when the people down the block from you come in and hookup, we'll rebate you $20, 000, we'll rebate you the additional amount, we'll rebate you to make you whole. So if -- you put any impediments in front of development, that's an impediment, because you're asking people -- I could tell you on -- way out on Bird Road there was a supermarket that wanted to come off of its system., that is, 1 think a ground water system, and put them on the pipe. That would have cost them a million five hundred thousand dollars to bring the pipe to that system. Now, the County's over there saying, hou' do we stimulate economic development? Do your job. Simply do your job. Make sure your pipes are acceptable. The private sector wants to do what it wants to do, and all it needs to do is hook up. So anybody who says how can the County help stimulate growth, put in pipes that don't leak, do the job you're supposed to do, pay back WASA the money you borrowed from them fir all the general fund borrowing for the past 20 years, and simply allow development to occur so you don't put an impediment. Oh, you have to do this entire city block. Or in the case of this supermarket, you have to bring the waterline almost a mile away. Commissioner Gort: That's one of the major problems and Public Works -- just like all of you, we sent e-mails (electronic) every day -- at least 15 to 20 with potholes and cracks and all of that comes out of the pipes underneath, but there's a leak and that's create those holes and so on. So there's a lot of work that WASA needs to do within the City of Miami because it was the first city built, so we are the oldest. So we got a lot of things to be done there. Chair Suarez: It's a business killer is what it is. Thank you. RESOLUTION TO BE DEFERRED BY THE ADMINISTRATION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGERS RECOMMENDATION AND WRITTEN FINDINGS, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS BEING NEITHER PRACTICABLE NOR ADVANTAGEOUS TO THE CITY OF MIAMI FOR THE FIRE DETECTION AND ALARM SYSTEM FOR THE HYATT HOTEL AND JAMES L. KNIGHT CONVENTION CENTER ("KNIGHT CENTER") LOCATED AT 400 SOUTHEAST 2ND AVENUE, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BY AND BETWEEN THE CITY OF MIAMI ("CITY") AND HYATT EQUITIES, LLC ("HYATT"), TO PROVIDE AUTHORIZATION FOR HYATT TO PREPARE AND FINALIZE A SPECIFICATIONS CRITERIA PACKAGE ("PHASE I") AND FURNISHING, INSTALLATION, AND TESTING ("PHASE In FOR THE REPLACEMENT OF THE FIRE DETECTION AND ALARM SYSTEM AND ASSOCIATED EQUIPMENT THAT SUPPORTS THE HYATT HOTEL AND THE KNIGHT CENTER, WITH A TOTAL PROJECT COST ESTIMATE OF $778,306 TO BE PAID BASED ON A PERCENTAGE USE OF THE SYSTEM, WITH THE City of Miami Page 27 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 SR.1 12-00541 CITY'S SHARE NOT TO EXCEED $238,745; FURTHER AUTHORIZING THE CITY MANAGER TO UNDERTAKE ALL REQUIREMENTS IN ORDER FOR THE CITY TO COMPLY WITH THE UNITED STATES INTERNAL REVENUE CODE OF 1986, AS AMENDED, SUBJECT TO APPROVING OPINION OF BOND COUNSEL AND CONSULTATION WITH THE CITY ATTORNEY; ALLOCATING FUNDS FOR THE CITY'S CONTRIBUTION FROM CIP PROJECT B-70414; WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID LETTER AGREEMENT. 12-00390 Summary Form.pdf 12-00390 Notice to the Public.pdf 12-00390 Memo - Waiver of Competitive Bidding.pdf 12-00390 Legislation.pdf 12-00390 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Samar, Carollo, Suarez and Spence -Jones Note fbr the Record.: Item PH3 was deferred to the January 10, 2013 Commission Meeting. END OF PUBLIC HEARINGS ORDINANCE - SECOND READING ORDINANCE Second Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Marc 46 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, DavidSarnoff' ENTITLED "PUBLIC NUISANCES;" MORE PARTICULARLY BY AMENDING SECTION 46-2, TO ALLOW MEMBERS OF THE CODE ENFORCEMENT BOARD TO CONSTITUTE THE MEMBERS OF THE NUISANCE ABATEMENT BOARD, CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 12-0541 Legislation (Version 2) SR.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 13349 Chair Suarez: SR.1. Vice Chair Sarnoff: Move it. Chair Suarez: Moved. Has it been seconded? Is there a second on SR.1? Commissioner Carollo: Second. Chair Suarez: Second by Commissioner Carollo. This is a public hearing since it's an ordinance. Anyone wishing to speak on SR.1? Hearing none and seeing none, the public hearing on SR.1 is closed. It is an ordinance of the Commission. City of Miami Page 28 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 The Ordinance was read by title into the public record by Assistant City Attorney George YVysnng. Dwight S. Dania (City Clerk): Roll call. Commissioner Gort? Commissioner Gort Discussion? Chair Suarez: Sure. Commissioner Gort Let me ask a question. The existing members of the Nuisance Abatement Board would also become member of the Code Enforcement Board? Are you going to integrate in two boards or you're going to eliminate the board members of the Nuisance Abatement Board? Mr. Wysong: Well, this is allowing the Code En_forcementBoard members to serve as Nuisance Abatement Board members. Commissioner Gort: So what you're doing is merging both sort of the board members? Mr. Wysong: Sort of, yeah. Commissioner Gort: Okay. Chair Suarez: You're giving them the ability to serve on both boards. Commissioner Gort: Right. Mr. Wysong: Right. Yeah. Commissioner Gort: 'Cause that's a very important one. I mean, we've been talking for this for two years now. Vice Chair Sarnoff. Commissioner, I couldn't agree with you more. This is a quiver -- what is it? No. It's a bow in the quiver? Is that how you put it? It's a bow in the quiver that the City of Miami Police Department hasn't had in effect. I think, Commissioner Spence -Jones, the first year I served on this Commission, we had the Nuisance Abatement Board active, and I think almost every year since then it has not been active. As you know, if .you sell drugs out of a house, if you have prostitution going on out of a house and you get arrested three times, you go in front of the Nuisance Abatement Board, and that house gets closed. And this is something the police don't have at their ability 'cause we never staffed the Nuisance Abatement Board. 1 think we think the Code Enforcement Board is a credible hoard. Commissioner Gort Sure. Vice Chair Sarnoff. It's a consolidation. I've been pushing for this since this new Commission gotformed. Chair Suarez: We support you. Roll call, please. Commissioner Gort: Yes. Chair Suarez: Okay. Mr. Danie: Commissioner Spence -Jones? City of Miami Page 29 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 FR.1 12-01168 Department of Planning and Zoning Commissioner Spence -Jones: Yes. Mr. Danie: Commissioner Carnlln? Commissioner Carollo: Yes. Mr. Danie: Vice Chair SarnoJJ? Vice Chair Sarnoff. Yes. Mr. Danie: Chair Suarez? Chair Suarez: Yes. Mr. Danie: The ordinance has been adopted on second reading, 5-0. END OF ORDINANCE - SECOND READING ORDINANCES - FIRST READING 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 Carollo, seconded by Commissioner Spence -Jones, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones FR.2 12-01167 Department of Public Facilities ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 50/ARTICLE V/DIVISION 3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SHIPS, VESSELS, AND WATERWAYS/CITY MARINAS/COMMERCIAL VESSELS", MORE PARTICULARLY BY DELETING SECTION 50-310, ENTITLED "SIGHTSEEING BOAT LIMITATION", AND AMENDING SECTION 50-311, ENTITLED "STANDARDS FOR SIGHTSEEING BOATS AT MIAMARINA", TO ALLOW FOR City of Miami Page 30 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 FLEXIBILITY TO PROPERLY DETERMINE THE APPROPRIATE MIXTURE OF MARINA TENANTS BASED UPON MARKET DEMAND; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 12-01167 Summary Form SR.pdf 12-01167 Master Report SR.pdf 12-01167 Legislation FR/SR.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Suarez: FR.2. Mr. Torre, FR.2. Henry Torre: Good morning. Henry Torre, director of Public Facilities. FR.2 is an ordinance of the Miami City Commission, amending Chapter 50, Article V, Division 3 of the City of Miami code, entitled Ships, Vessels, Waterway/City Marinas/Commercial Vessels,'by deleting Section 50, Sightseeing Boat Limitation, 'and amending Section 50-331 [sic] Standards for Sightseeing Boats." Chair Suarez: Thank you. Is there a motion? Commissioner Gort: Move it. Chair Suarez: Moved by Commissioner- Gort. Is there a second? Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. This is a public hearing. Seeing that it's a first reading -- a first reading ordinance, anyone from the public wishing to speak on FR.2? Seeing none and hearing none, the public hearing is closed; coming back to this Commission. Is there any discussion? Mr. City Attorney. The Ordinance was read by title into the public record by Assistant City Attorney George I 'song. Dwight S. Danie (City Clerk): Roll call. Vice Chair Sarnoff? Vice Chair Sarnoff: Yes. Mr. Dante: Commissioner Carrillo? Commissioner Carollo: Yes on first reading. Mr. Dante: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Mr. Dante: Commissioner Gort? Commissioner Gort Yes. Mr. Dante: Chair Suarez? Chair Suarez: Yes. City of Miami Page 31 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Mr. Danie: The ordinance has been passed on first reading, 5-0. Chair Suarez: Thank you. Commissioner Spence -Jones: Mr. Chairman, I do have a question for Henry. Chair Suarez: Yes. Commissioner Spence -Jones: Just -- I support what he's doing. But I want to also commend Henry on this issue, because we asked,for him to dig deep to find pos -- other possibilities for us to generate revenue, and this was one of the areas, to my understanding, that he was able to go back and do his research on. And I do understand we still have some things to work out from now to the second reading. Mr. Torre: Right. We have one other item coming in December, which is changing the rate structure that will generate additional -- a lot more money,fbr us. Commissioner Spence -Jones: And just from this one venture alone in your -- you taking a closer look at, we're looking at the possibility of generating about how much in additional revenue, Henry? Mr. Torre: Commissioner, it depends what is passed in December as far as a rate change. We think both of these items together will generate anywhere from 1.6 to $2 million additionally to the City every year. Commissioner Spence -Jones: Okay. Ijust wanted to commend you for -- Mr. Torre: Thank you. Commissioner Spence -Jones: -- making those steps. Mr. Torre: Thank you. Commissioner Gort: Is a surcharge on the tickets? Mr. Torre: That is what we're exploring. That's corning before us -- Commissioner Gort: Okay. Mr. Torre: -- next month. Commissioner Spence -Jones: That's going to he fun. END OF FIRST READING ORDINANCES RESOLUTIONS RE.1 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 City of Miami Page 32 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 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 Carollo, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.2 12-01013 Department of Capital Improvements Program Note for the Record: Item RE.1 was deferred to the January 10, 2013 Commission Meeting. 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 ATEN 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-305385, 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 Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. City of Miami Page 33 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.3 RESOLUTION 12-00201 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS CANCELING AND TERMINATING THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND OLYMPIA BUILDING PARTNERSHIP, LTD., INCLUDING TERMINATION AND CANCELLATION OF THE SUBLEASE WITH OLYMPIA RESIDENTIAL BUILDING PARTNERS, LTD., TRANSFERRING POSSESSION OF THE COMMERCIAL AND RESIDENTIAL PROPERTY TO THE CITY OF MIAMI, ASSIGNING ALL EXISTING COMMERCIAL AND RESIDENTIAL TENANT LEASES TO THE CITY OF MIAMI, RELEASING OLYMPIA BUILDING PARTNERSHIP, LTD., OF ALL COVENANTS, CONDITIONS, AND OBLIGATIONS ARISING UNDER THE LEASE, SATISFYING LEASEHOLD MORTGAGES, AND ACCEPTING THE TRANSFER OF TENANT SECURITY DEPOSIT FUNDS FROM OLYMPIA BUILDING PARTNERSHIP, LTD., IN SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE OLYMPIA BUILDING PARTNERSHIP, LTD., IN THE CASE OF CITY OF MIAMI VS. OLYMPIA BUILDING PARTNERSHIP, LTD., PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 03-28667-CA-27. RE.4 12-00363 12-00201 Memo - Office of the City Attorney.pdf 12-00201 Legislation.pdf 12-00201 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioners) 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, FORA FIFTEEN (15) YEAR INITIAL TERM, WITH UP TO THREE (3) FIFTEEN (15) YEAR TERM OPTIONS TO RENEW, WITH OLYMPIA CENTER, INC., A FLORIDA 501(c)(3) NOT -FOR -PROFIT ORGANIZATION FOR THE ADMINISTRATION, OPERATION AND MANAGEMENT OF THE AFFORDABLE HOUSING RESIDENTIAL RENTAL TOWER AND RELATED AMENITIES INCLUDING RETAIL SPACES OF THE OLYMPIA BUILDING LOCATED AT 174 EAST FLAGLER STREET, MIAMI, FLORIDA 33131; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL OTHER CONTRACTS, DOCUMENTS AND AGREEMENTS, INCLUDING LEASES, FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH REQUIREMENTS OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, THE CITY OF MIAMI'S OBLIGATION UNDER THE SUNSHINE STATE LOAN POOL PROGRAM AND THE CITY OF MIAMI'S City of Miami Page 34 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 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 Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gott, Sarnoff, Carollo, Suarez and Spence -Jones RE.5 RESOLUTION 12-00961 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Purchasing ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 287252, THAT THE FIRMS MOST QUALIFIED TO PROVIDE TOWING SERVICES FOR POLICE/FIRE DISPATCHED TOWING AND WRECKER SERVICES FOR PRIVATE VEHICLES, AND TOWING OF CITY -OWNED, LEASED, OR RENTED VEHICLES, FOR THE DEPARTMENTS OF POLICE AND GENERAL SERVICES ADMINISTRATION ARE: NU -WAY TOWING SERVICE, INC.; KING'S WRECKER SERVICE, INC.; DOWNTOWN TOWING COMPANY; FREEWAY TOWING OF MIAMI, INC.; MOLINATOWING, INC.; TED & STAN'S TOWING SERVICE, INC.; BANOS TOWING SERVICES CORP.; MIDTOWN TOWING OF MIAMI, INC.; SOUTHLAND THE TOWING COMPANY, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE A TOWING/WRECKER AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID FIRMS, FOR A PERIOD OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM VARIOUS SOURCES OF FUNDS FROM USER DEPARTMENTS AND AGENCIES, AUTHORIZING SAID SERVICES, AS NEEDED, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED. 12-00961 Summary Form.pdf 12-00961 Award Recommendation Form.pdf 12-00961 Memo - Towing Srvcs. - Citywide.pdf 12-00961 Evaluation Committee Towing Revenue.pdf 12-00961 Detail by Entity Names.pdf 12-00961 Addendum No. 4.pdf 12-00961 Request for Proposals.pdf 12-00961 Sourcing.pdf 12-00961 Legislation.pdf 12-00961 Exhibit 1.pdf City of Miami Page 35 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item RE.5 was deferred to the January 10, 2013 Commission Meeting. RE.6 RESOLUTION 12-01147 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT ("LEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND CENTENNIAL EXPRESS INCORPORATED, FOR THE USE OF APPROXIMATELY 1,326 SQUARE FEET OF WAREHOUSE SPACE LOCATED IN THE CITY, FOR THE PURPOSE OF PROVIDING SPACE TO THE CITYS POLICE DEPARTMENT, WITH A MONTHLY RENT OF $1,500 ($13.57 PER SQUARE FOOT), FOR THE PERIOD OF ONE (1) YEAR WITH THE OPTION TO RENEW FOR FIVE (5) ONE-YEAR TERMS; ALLOCATING FUNDS FROM THE CITY'S POLICE DEPARTMENTS BUDGET, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID LEASE. 12-01147 Summary Form.pdf 12-01147 Legislation.pdf 12-01147 Exhibit 1.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-12-0439 Chair Suarez: RE.6. Commissioner Spence -Jones: RE (Resolution) what? Chair Suarez: RE.6. Commissioner Gort: We skip all the other REs? Commissioner Spence -Jones: RE -- you're not doing the other REs? Chair Suarez: Yeah. They're all either deferred or -- Commissioner Spence -Jones: RE.1. Chair Suarez: Yeah, RE.1 was continued, RE.2 was continued, RE.3 was continued, RE.4 was continued, and RE.5 was deferred. RE.6. Henry Torre (Director, Public Facilities): RE.6 is a resolution authorizing the City Manager to execute a lease agreement between the City of Miami and Centennial Express Incorporated, Jro use of approximately 1,300 square feet of warehouse space for the purpose of providing space to the City of Miami Police Department. Chair Suarez: Is there a motion? City of Miami Page 36 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Vice Chair Sarnoff: So moved. Chair Suarez: Moved by the Vice Chair, second by Commissioner Carollo. Any further discussion? All in favor, signify by saying aye." The Commission (Collectively): Aye. RE.7 RESOLUTION 12-01150 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 CHLN, INC., A FOR PROFIT CORPORATION ("LICENSEE"), FOR THE USE OF CITY -OWNED REAL PROPERTY AND IMPROVEMENTS CONTAINING 1.86 ACRES OF UPLAND PROPERTY LOCATED AT 51 CHART HOUSE DRIVE, MIAMI, FLORIDA, FOR THE PURPOSE OF OPERATING AN EXISTING WATERFRONT RESTAURANT WITH THE LICENSEE TO PAY TO THE CITY THE GREATER OF A MINIMUM MONTHLY USE FEE OF FOUR THOUSAND DOLLARS ($4,000), PLUS STATE OF FLORIDA USE TAX, IF APPLICABLE, OR THREE AND ONE-HALF PERCENT OF MONTHLY GROSS SALES, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 12-01150 Summary Form.pdf 12-01150 Legislation.pdf 12-01150 Exhibit 1.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Noes: 1 - Commissioner(s) Carollo R-12-0440 Chair Suarez: RE.7. Henry Torre (Director, Public Facilities): RE. 7 is a resolution authorizing the City Manager to execute a revocable license agreement between the City of Miami and CHLN, Chart House, for use of city -owned property and improvements on one point acres of upland property located at 51 Chart House Drive. Chair Suarez: Is there a motion? Vice Chair Sarnoff: So moved. Chair Suarez: Moved by the Vice Chair. Is there a second? Commissioner Spence -Jones: Let me -- Commissioner Gort: Discussion. Commissioner Spence -Jones: -- just -- City of Miami Page 37 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Commissioner Gort: Second for discussion purpose. Chair Suarez: Sure. Second fir discussion. Commissioner Gort, or do you want to yield to Commissioner Spence -Jones? Commissioner Spence -Jones: No, go ahead. He's second for discussion. Probably had the same question I have. Go ahead. Commissioner Gort: My question is, this is a month -to -month contract. Mr. Torre: Correct. It's not a contract. It's a use agreement. It's revocable at will, 30 day's notice. Commissioner Gort: Thirty day'.s notice. Mr. Torre: With or without fault. Commissioner Gort: (UNINTELLIGIBLE). Mr. Torre: Right. Commissioner Gort: Now my understanding is the -- anything about the taxes and -- Mr. Torre: The -- Commissioner Gort: -- property taxes or any o_f the other charges we had hefire that we've been in litigation? Mr. Torre: This is for the Chart house, but the Chart House pays -- Commissioner Gort: They pay -- Mr. Torre: There is no dispute. 1 think RE. 12 is an item approving the revocable license agreement for Scotty's and Grove Key Marina. Commissioner Gort: And the question is we're supposed to he doing an RFP (Request fir Proposals) for the whole area. Mr. Torre: Correct. Commissioner Gort: And I don't want this to take two years. I mean -- Mr. Torre: Commissioner, our intent -- We will he rolling out a draft of the RFP within the next week to all the Commissioners. Our intent is to have this awarded; go to referendum next year. Tice Chair Sarnoff • I couldn't agree with you more, Commissioner. And I was going to make an amendment to this, and they gave me a good reason not to so I didn't. I don't want to see this drag on any longer either. I -- for a host of reasons. It's an opportunity for the Grove to have a much better facility. It's also an opportunity for the City of Miami to derive a much better revenue agreement. Commissioner Gort: Now I know you're very professional and you're looking at all our sites. I avant to make sure you use the same guidelines to all our sites. City of Miami Page 38 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Mr. Torre: Absolutely, Commissioner. Absolutely. Commissioner Gort: All right, and providing the rent requirement, okay. Mr. Torre: Commissioner, there's one thing I did want to mention, just so you know. In regards to the Grove Key Marina, Scotty's space, in 2011 we received $492,000 in revenue from that site. With this contract we're projected to receive over $600,000, plus an additional 150,000 in real estate taxes. So it's a difference o1.250,000. So it's not the same deal. Commissioner Gort: No. 1 know you (UNINTELLIGIBLE). Appreciate it. Mr. Torre: Thank you. Commissioner Gort: Thank you. Chair Suarez: Thank you. Commissioner Spence -Jones: Yeah, Mr. Chairman. And Gort kind of handled most of my questions. I just -- I guess I just want to -- not only for us to all be clear but the folks that are watching it. You know, this is only -- we're only doing this now because we still have to put -- we need to put it nut. In -- Mr. Torre: Absolutely. Commissioner Spence -Jones: -- the meantime, the facility still has to run and operate, and we still need to make sure we have some sort of legal document covering us -- Mr. Torre: Correct. Commissioner Spence -Jones: -- in this instance. Mr. Torre: Yes. Commissioner Spence -Jones: Correct? So that's the only reason why -- Mr. Torre: The only reason. Commissioner Spence -Jones: -- we have no other choice at this point -- Mr. Torre: Correct. Commissioner Spence -Jones: -- correct? Mr. Torre: Correct. Commissioner Spence -Jones: Because I just wanted to make sure that was the case. Chair Suarez: Thank you. Any further questions? All in favor, signify by saying Dye." Commissioner Gort: Aye. Commissioner Spence -Jones: Aye. Vice Chair Sarnoff. Aye. City of Miami Page 39 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Commissioner Carollo: No. Johnny Martinez (City Manager): May I make a comment, Mr. Chair? Chair Suarez: Yes. Mr. Martinez: Our intention is to get the RFP out very soon within the next few days, maybe within a week. After that -- that'll go out to the Commissioners, not to the public -- receive comments from the Commissioners and then schedule a sunshine meeting to go over the criteria Commissioner Spence -Jones: Wonderful. Mr. Martinez: -- and that type of thing so we can iron all that out before it officially goes out to the public. Commissioner Spence -Jones: So we're talking about another 90 days at least? Mr. Martinez: Well, in the next few days -- Commissioner Spence -Jones: No. I mean, 90 days fir this to he out -- I mean, all -- Mr. Martinez: Yeah. Depending -- Commissioner Spence -Jones: -- of the process. Mr. Martinez: -- on the questions that the Commissioners have, setting up the sunshine meeting, going over the criteria -- Commissioner Spence -Jones: Christmas holidays, Thanksgiving holidays, all that. Mr. Martinez: Right. Commissioner Spence -Jones: So we -- once it actually goes out, then how long will it be out? Alice Bravo (Assistant City Manager/Chief of Infrastructure): The minimum is 90 days. Commissioner Spence -Jones: Right. Commissioner Gort: Okay. Chair Suarez: Thank you. Ms. Bravo: Alice Bravo, assistant City Manager. Per our charter, the minimum is 90 days. We want to provide a longer time frame, perhaps 120, 150 to make sure there's plenty of opportunity for investors and developers to look at this and have a chance to come and visit the site. That being said, we're -- we have ample time far that, given that the next general election would be the following November. Commissioner Spence -Jones: Okay. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. City of Miami Page 40 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Commissioner Carollo: Thank you. There is information that I requested in the past with regard to the Grove Marina, which I've still not received. I don't know the specifics. It's been some time. But there is still pending information that I requested that we have not received in our office. Mr. Torre: Henry Torre, director of Public Facilities. Commissioner, I've sent -- I mean, e-mailed (electronic) that to your office on a couple of occasions. Commissioner Carollo: Yeah. And I've seen what you sent, hut that is not everything that we requested. 1 don't want -- and 1 don't want to get into the details now, but 1 am telling you that it's not -- and we can go in the minutes for what I've asked and so, forth, but I have not received everything that I've requested so -- Mr. Torre: Okay. My understanding is we've sent everything. I71 ask your office for what other information. Commissioner Carollo: And -- yes. And, you know, we'll discuss it. But, again, I have not received everything that I requested. Mr. Torre: Okay. My understanding is we've sent everything. I71 ask your office for what other information -- Commissioner Carollo: And -- yes. And you know, well discuss it. But again, I have not received everything that I've requested. Mr. Torre: Okay. RE.8 RESOLUTION 12-01260 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY THE PAINTER, INC. THE TOTAL SUM OF $170,936.71, IN FULL SATISFACTION OF ALL CLAIMS AND JUDGMENTS AGAINST THE CITY OF MIAMI, IN THE PAINTER, INC. VS. THE CITY OF MIAMI, PENDING IN THE STATE CIRCUIT COURT, CASE NO.: 05-12967 CA 13 AND IN THE CASE OF CITY MIAMI VS. THE PAINTER, INC., PENDING IN THE THIRD DISTRICT COURT OF APPEAL, CASE NO. 3D12-934; ALLOCATING FUNDS FROM THE NON -DEPARTMENTAL ACCOUNT CODE NUMBER 00001.980000.531010.0000.00000 12-01260 Memo - Office of the Attorney.pdf 12-01260 Memo - Financial Signoff.pdf 12-01260 Legislation.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gott, Samoff, Carollo, Suarez and Spence -Jones R-12-0441 Chair Suarez: Okay, RE.8 Julie O. Bru (City Attorney): Mr. Chair, members of the Commission; this would he a resolution that would authorize the director of Finance to pay $170,936.71 in full satisfaction of all claims and judgments against the City of Miami -- City of Miami Page 41 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Vice Chair Sarnoff: So moved. Ms. Bru: -- in connection with the Painter. Commissioner Spence -Jones: Second. Chair Suarez: Second. All in -- any discussion? All in favor, signify by saying aye." The Commission (Collectively): Aye. RE.9 RESOLUTION 12-01148 Department of Public A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW LEASE AGREEMENT ("LEASE AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND GOLDEN SANDS ALLAPATTAH CORPORATION, INC., FOR THE USE OF APPROXIMATELY 9,000 SQUARE FEET OF OFFICE SPACE LOCATED AT 1313 NORTHWEST 36TH STREET, MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING OFFICE SPACE TO THE INTERNAL AFFAIRS DIVISION OF THE CITY OF MIAMI POLICE DEPARTMENT, WITH A MONTHLY RENT OF $10,875 ($14.50 PER SQUARE FOOT), FOR THE PERIOD OF ONE (1),YEAR WITH THE OPTION TO RENEW FOR FIVE (5) ONE-YEAR TERMS; ALLOCATING FUNDS FROM THE CITY OF MIAMI POLICE DEPARTMENT'S BUDGET, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID LEASE AGREEMENT. 12-01148 Summary Form.pdf 12-01148 Lease Agreement.pdf 12-01148 Pre-Legislation.pdf 12-01148 Legislation.pdf 12-01148 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-12-0442 Chair Suarez: RE.9. Henry Torre: Henry Torre, director of Public Facilities. RE.9 is a resolution authorizing the City Manager to execute a new lease agreement fir the use of approximately 9,000 square feet of office space, located at 1313 Northwest 36th Street, for purpose of providing office space to the Internal Affairs Division of the City of Miami Police Department. Chair Suarez: Is there a motion? Mr. Torre: I would like to add, we were able to negotiate a reduction. This is a renewal. The rate was over $16. We got them to agree to a rate at $1, 4.50. Chair Suarez: Is there a motion? City of Miami Page 42 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 RE.10 12-01015 Commissioner Gort: I'll move it. Vice Chair Sarnoff: Second. Chair Suarez: Moved by Commissioner Gort, second by the Tice Chair. Any discussion? All in favor, signify by saying /iye. " The Commission (Collectively): Aye. RESOLUTION Department of Capital TO BE WITHDRAWN BY THE ADMINISTRATION Improvements Program 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 Carollo, seconded by Commissioner Spence -Jones, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.11 RESOLUTION 12-01268 Department of Capital Improvements Program A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY FOR THE PROVISION OF PUBLIC TRANSPORTATION SERVICES, SPECIFICALLY AMENDING THE BRICKELL-BISCAYNE AND CORAL WAY TROLLEY ROUTES. 12-01268 Summary Form.pdf 12-01268 Interlocal Agrmt. - Public Trans. Srvcs.pdf 12-01268 Pre-Legislation.pdf 12-01268 Legislation.pdf 12-01268 Exhibit 1.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 43 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-12-0443 Chair Suarez: RE.11. Mark Spanioli (Director): Good morning, Commissioners. Mark Spanioli, CIP (Capital Improvements Program). RE.11 is an amendment to our interlocal agreement with Miami -Dade County for trolley services. This amendment includes revisions to the Brickell Biscayne route, extending it to the north to pick up Midtown, the Design District, and extending it southward to collect from Mercy Hospital. And it also includes some minor modifications of the Coral Way route, which would include riding the trolley through Flagler Street in downtown Miami. Chair Suarez: Thank you. Is there a motion? Vice Chair Sarnoff: So moved. Chair Suarez: Moved by the Vice Chair. Is there a second? Commissioner Gort: Second. I have questions. Chair Suarez: Second for discussion by Commissioner Gort. Commissioner Gort, you're recognized. Commissioner Gort: At one time Allapattah at the 20th Street is one of the largest shopping center right after downtown Miami. And Christmas is coming up. The Marlins are now playing now. And I'd like to -- I requested it that we have a line going through 20th Street so people can take advantage of the merchants in that area. Mr. Spanioli: Commissioner, we are scheduled to kick off the Allapattah route on December 14. Commissioner Gort: The whole route, December 14, but right now the Marlins are not playing. So my understanding is you have the ability to at least start soon before next week, Thanksgiving, before the big shopping starts, to have one going through there. And this is something that if it cannot he done, I'd like to meet with you guys because we got to get it done. Mr. Spanioli: We certainly can meet on that. I mean, right now we are receiving trolleys that have come in new trolleys that would be adequate to provide for the route. The amount of trolleys that we have from. the Marlins mute is less than we would need to run the Allapattah route. Commissioner Gort: I don't know. 15n not an expert at it, but I think -- I'm asking you to find a way. Mr. Spanioli: Okay. Commissioner Gort: Thank you. Mr. Spanioli: Will do. Chair Suarez: Thank you. It's been moved and seconded. Any further discussion? All in favor, signify it by saying stye." The Commission (Collectively): Aye. City of Miami Page 44 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Mr. Spanioli: Thank you. RE.12 RESOLUTION 12-01149 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 GROVE KEY MARINA, LLC, ("LICENSEE"), FOR THE USE OF CITY -OWNED REAL PROPERTY AND IMPROVEMENTS LOCATED AT 3385 PAN AMERICAN DRIVE, MIAMI, FLORIDA, FOR THE PURPOSE OF OPERATING AN EXISTING MARINA AND AN EXISTING OUTDOOR CASUAL RESTAURANT, WITH THE LICENSEE TO PAY TO THE CITY THE GREATER OF A MINIMUM MONTHLY USE FEE OF FORTY-THREE THOUSAND FIFTY DOLLARS PER MONTH ($43,050), PLUS STATE OF FLORIDA USE TAX, IF APPLICABLE, OR A PERCENTAGE OF GROSS SALES, WITH ADDITIONAL TERMS AND CONDITIONS, AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. 12-01149 Summary Form.pdf 12-01149 Legislation.pdf 12-01149 Exhibit 1.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Noes: 1 - Commissioner(s) Carollo R-12-0444 Chair Suarez: RE.12. Henry Torre: Henry Torre, director of Public Facilities. RE.12 is a resolution authorizing the City Manager to execute a revocable license agreement between the City ofMiami and Grove Key Marina far use of City property owned at 3385 Pan American Drive. Chair Suarez: Is there a motion? Vice Chair Sarnoff: You know, I'd love to send a message on this one, but I agreed in my briefing I'd support it. I'll make the motion. Chair Suarez: Is there a second? Commissioner Gort: Second. Chair Suarez: Second. Any discussion? Ijust want to say, you know, the reason why we're here is because there was a disastrous RFP (Request for Proposals) process that, you know, ensued. I think it was -- I think we all agreed and we all at the time criticized the process as being flawed on pretty much every single level, from the committee to the timing to the amount of time that presenters were given to make presentations to the amount of time between the deliberation and the decision to being rushed because there was a referendum that wasn't previously -- So, I mean, the way I look at it is, you know, we have basically two options. One is to adjust the rent, which I believe you're making a significant adjustments and also making sure that the vendor is City of Miami Page 45 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 paying taxes as well, correct? Mr. Torre: Correct. Chair Suarez: Or simply take it over, which I think would obviously be very expensive for the City and may produce significantly less revenue than what we're currently getting and maybe no revenue for a certain period -- Mr. Torre: Correct. Chair Suarez: -- of time or very little revenue for a certain period of time while we transition. So, I mean, I feel like this is a situation where the Commission is being put in a very difficult predicament, you know, one that we didn't create but one that we are again required to solve. So, you know, I think we have to do what's best for the City, given the circumstances that we've been given, given the cards that we've been dealt, so you know, that's why I'm supportive of this item. Vice Chair Sarnoff Mr. Chair. Chair Suarez: Yes. Mr. Vice Chair. Vice Chair Sarnoff: Just so the Commissioners know, we had a very aggressive time schedule that we were putting out the next RFP for. We did not meet our deadlines -- internal deadlines between our office and the Administration. In that process, though, candidly, we've come up with probably or hopefully a better RFP than we thought we would have. And I just want to go on record: I have no intentions of kicking this can down the road. And we have new time schedules and new deadlines. I'm just telling you, I can foresee no set of circumstances, none, requiring -- unless it's Hurricane Sandy reemerging --, for me to kick this can down the road again. And I'm going to hold this Administration accountable. Now it's time to get this done. Put it through whatever sunshine process the other Commissioners want. I mean, it's -- obviously, three people will determine what happens here, but we haven't met thresholds. And having not met those thresholds, those time schedules, we did improve, I think, the product. But now it time to get the product out to the other Commissioners for their comments, and we all know how to count backwards. We all got elected. We all know what November means, you know We all know what that time schedule is. Let's not miss it. Chair Suarez: Thank you. Any further comments? Commissioner Gort: Mr. Chairman, at the same time, I think the Administration should look at all items that will have to go infront of the -- now that will have to go infront of the voters on November of next year so we can have plenty of time to analyze it and make it sure that if we have to take something to the voters, it's well explained, people are knowledge [sic] and they know what's going on. And let me tell you, I'm glad we didn't have any amendments in this one, in this last election. Chair Suarez: That's -- that was nay kind of perspective on that. Anyhow, 1 started to kind of see that as we were getting closer and closer to elections and the phone calls were coming in. All in favor, sign it by saying aye." Commissioner Gort: Aye. Commissioner Spence -Jones: Aye. Vice Chair Sarnoff Aye. City of Miami Page 46 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 RE.13 12-01254 Department of Capital Improvements Program Commissioner Carollo: No. Chair Suarez: Please register Commissioner Carollo as a no. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CAPITAL IMPROVEMENTS APPROPRIATIONS RESOLUTION NO. 12-0414, ADOPTED OCTOBER 25, 2012, TO REFLECT THE REPROGRAMMING OF EXISTING FUNDING. 12-01254 Summary Form.pdf 12-01254 Legislation.pdf 12-01254 Exhibit 1- SUB.pdf Motion by Commissioner Gort, seconded by Vice Chair Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-12-0445 Chair Suarez: RE.13. Mark Spanioli (Director): Good morning, Commissioners. Mark Spanioli, CIP (Capital Improvements Program). RE.13 is our standard capital appropriations item. We do have a floor amendment for two items of District 2 which I'd like to read into the record. One is a transfer of $40, 000 from Quality of Life District 2, B-39910, to Lincoln Park Improvements, B-30826. The other transfer is $100, 000 from Miscellaneous Repairs, B-30706, to Miami Marina Emergency Repairs for some roof repairs in time for the boat show, B-30325. You have any questions, I'm be happy to go over it. Commissioner Gort: Move it. Commissioner Spence -Jones: One -- Vice Chair Sarnoff: Second. Commissioner Spence -Jones: One -- Chair Suarez: Moved and seconded. Commissioner Spence -Jones. Commissioner Spence -Jones: Okay. Chair Suarez: Go ahead. Commissioner Spence -Jones: J just -- T apologize, Mark. T know that -- Mr. Spanioli: No, that's okay. Commissioner Spence -Jones: -- Neil worked with you on some of this, and I was not here yesterday. Mr. Spanioli: No problem. City of Miami Page 47 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Commissioner Spence -Jones: But on the Athalie Range Park soccer/football complex, so we're taking it and putting it in the marketplace renovations, right? Mr. Spanioli: That's correct. Commissioner Spence -Jones: Okay. So my question -- and I know we talked about this in great length. There's still some additional things that the soccer/football complex, like the coverings, the bleachers -- so my question, is that going to come from a different pot of money? Mr. Spanioli: It'll come from a different pot. This particular line item. was already closed out so ire couldn't continue to bill against it fir Athalie Range Park. And since Caribbean Marketplace is in the middle of construction and we're short funding wise -- Commissioner Spence -Jones: Okay. Ijust thought -- I'm going to go ahead and leave it as it is because I know you're just truing to get things moving. Mr. Spanioli: Right. Commissioner Spence -Jones: But, you know, a couple of these things on here we're going to have to definitely revisit because they're being moved from one place to something else. And then once you take it out of a certain place, then I want to just he clear that I have the money to complete, you know, the original project. Mr. Spanioli: Understood. And I'm happy to sit down with you and go over those with you. Commissioner Spence -Jones: Okay, so not a problem. I'll go ahead -- and if ,you have to bring it hack, I don't have a problem with that. Mr. Spanioli: Thanks. Commissioner Gort: By the way, Mark, I know you're just taking over about maybe three or four weeks ago, so I'm not putting anything on you. I think you done a great job in coming over and taking over the -- Mr. Spanioli: Appreciate that. Thank you. Commissioner Gort -- department. Chair Suarez: It's been moved and seconded. All in favor, signify it by saying ltye. " The Commission (Collectively): Aye. RE.14 RESOLUTION 12-01271 Department of Risk A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Management ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 336312 FOR THE PROVISION OF AN EMPLOYEE BENEFIT DENTAL PLAN, AUTHORIZING THE CITY MANAGER, TO NEGOTIATE AND EXECUTE PROFESSIONAL SERVICES AGREEMENTS ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE TOP RANKED FIRM, CIGNA DENTAL HEALTH OF FLORIDA, FOR THE DENTAL HEALTH MAINTENANCE ORGANIZATIONS ("DHMO") PLAN; AND WITH THE TOP RANKED FIRM, City of Miami Page 48 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, FOR THE DENTAL PREFERRED PROVIDER ORGANIZATIONS ("PPO") PLAN, FOR THE DEPARTMENT OF RISK MANAGEMENT, FOR A PERIOD OF THREE (3) YEARS, WITH OPTIONS TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER, SHOULD NEGOTIATIONS FAIL WITH THE TOP RANKED FIRMS, TO NEGOTIATE AND EXECUTE A PSA WITH THE SECOND RANKED FIRMS, THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, FOR THE DHMO PLAN, AND WITH HUMANA, INC., FOR THE PPO PLAN; FURTHER AUTHORIZING THE CITY MANAGER, SHOULD NEGOTIATIONS FAIL WITH THE SECOND RANKED FIRMS, TO NEGOTIATE AND EXECUTE A PSA WITH THE THIRD RANKED FIRMS, METLIFE AND SAFEGUARD HEALTH PLAN, INC., FOR THE DHMO PLAN, AND WITH CIGNA DENTAL HEALTH OF FLORIDA, FOR THE PPO PLAN; FURTHER AUTHORIZING THE CITY MANAGER, SHOULD NEGOTIATIONS FAIL WITH THE THIRD RANKED FIRMS, TO REJECT ALL PROPOSALS AND ISSUE A NEW RFP SOLICITATION. 12-01271 Summary Form.pdf 12-01271 Legislation.pdf 12-01271 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-12-0446 Chair Suarez: RE.14. Mark Spanioli (Director, Capital Improvements Program): Thank you. Calvin Ellis: Good morning. Calvin Ellis, director of Risk Management. RE.14 is a resolution in regard to the procurement of the City's dental insurance plans. It's a resolution accepting the City Manager's authorization and approval of the Evaluation Committee's findings to award number one to the highest ranked provider of the dental HMO (Health Maintenance Organization) plan to CIGNA (Connecticut General Insurance Company of North America) and for the dental PPO (Preferred Providers Organization) plan to Guardian Life Insurance Company. Chair Suarez: Thank you. Is there a motion? Commissioner Spence -Jones: Second. Chair Suarez: Is there a motion? Commissioner Gort: Move it. Chair Suarez: Okay, motion. Is there a sec --? Okay, it's been moved by Commissioner Gort, second by Commissioner Spence -Jones. Any further discussion? All in favor, signify it by saying aye." City of Miami Page 49 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 The Commission (Collectively): Aye. END OF RESOLUTIONS BOARDS AND COMMITTEES Chair Suarez: Is there a motion to continue the remaining items of board and committee? Vice Chair Sarnoff: So moved. Commissioner Spence -Jones: Second. Chair Suarez: Moved by the Vice Chair, second by Commissioner Spence -Jones. All in favor, signify by saying aye." The Commission (Collectively): Aye. Chair Suarez: Thank you. BC.1 RESOLUTION 12-01172 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR ATERM AS DESIGNATED HEREIN. BC.2 12-01173 APPOINTEE: NOMINATED BY: Chairman Francis Suarez 12-01172 Audit CCMemo.pdf 12-01172 Audit Current_Board_Members.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Francis Suarez Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo City afMianti Page 50 Printed On 12/10/2012 City Commission Meeting Minutes November 15, 2012 Commissioner Frank Carollo 12-01173 CSW CCMemo.pdf 12-01173 CSW Current_Board_Members.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Samoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo BC.3 RESOLUTION 12-00286 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Nathaniel Wilcox Commissioner Michelle Spence -Jones 12-00286 CRB CCMemo.pdf 12-00286 CRB Current_Board_Members.pdf 12-00286-Submittal-Memo-11-01-12-Request to fill appointment to the Community Relations Boar' 12-00286-Submittal-Memo-11-06-12-Request to fill appointment to the Community Relations Boar 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, Samoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0453 A motion was made by Commissioner Spence -Jones, seconded by Commissioner Gort, and was passed unanimously, with Commissioner Carollo absent, to appoint Nathaniel Wilcox as a member of the Community Relations Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Nathaniel Wilcox as a member of th.e Community Relations Board. Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones (BC.3) RESOLUTION 12-00286 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. City afMiami Page 51 Printed an 12/10/2012 City Commission Meeting Minutes November 15, 2012 APPOINTEES: Jose Soto (Term ending 10/28/2013) Nathaniel Wilcox (Term ending 10/13/2014) NOMINATED BY: Chairman Francis Suarez Commissioner Michelle Spence -Jones 12-00286 CRB CCMemo.pdf 12-00286 CRB Current_Board_Members.pdf 12-00286-Submittal-Memo-11-01-12-Request to fill appointment to the Community Relations Boar' 12-00286-Submittal-Memo-11-06-12-Request to fill appointment to the Community Relations Boar' 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) Gott, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0453 A motion was made by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, to appoint Nathaniel Wilcox as a member of the Community Relations Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record far Nathaniel Wilcox as a member of the Community Relations Board. Chair Suarez: I have a quick question. I had an appointee for the Community Relations Board. I don't know if he sub -- has he submitted all his paperwork, Jose Soto? Todd Hannon (Assistant City Clerk): Chair. Chair Suarez: Yes. Mr. Hannon: No. I have a memo dated November 1, 2012 -- and this is BC.3. I have a memo dated November 1, 2012 for District 4. I have a recommendation by the CRB (Community Relations Board) Board of a Victoria Cervantes. Chair Suarez: Right. Mr. Hannon: And that's the only recommendation from the board right now. Chair Suarez: Okay. So we have -- he hasn't sent in his proper -- Mr. Hannon: No, sir. Chair Suarez: -- paperwork yet? Okay, thank you. Commissioner Spence -Jones: And then last -- I'm sorry, Mr. Chairman. Chair Suarez: No, no, go ahead. Commissioner Spence -Jones: BC.3 was the other one. I just want to know who's my appointee on that now? Mr. Hannon: Natalie [sic] Wilcox is your current appointee. City afMiami Page 52 Printed an 12/10/2012 City Commission Meeting Minutes November 15, 2012 Commissioner Spence -Jones: Natalie or Nathaniel? Mr. Hannon: Oh, I'm sorry. l have here -- it's probably Nathaniel Wilcox. 1 apologize. Commissioner Spence -Jones: No problem. So I reappoint him. Mr. Hannon: Okay. And that will require a four fifths absentee waiver just as part of the motion. Commissioner Spence -Jones: I appoint him. Mr. Hannon: Thank you, ma'am. I have a mover. Commissioner Spence -Jones: Can I get a second? Commissioner Gort Second. Chair Suarez: Is there a mover? Second. All in favor, signify by saying ftye. " The Commission (Collectively): Aye. Commissioner Spence -Jones: So I don't have to deal with my appointees later on. Mr. Hannon: Thank you, ma'am. [Later..] Chair Suarez: If we can just take up a quick BC (Boards & Committees) item before we go to the bond issuance. BC.3, we had mentioned it before. I had an applicant, Jose Soto. Is anyone willing to make --? Mr. Hannon: Chair, I'm sorry to interrupt. IfI could just have a motion to reconsider on BC.3 first because we did make an appointment -- Chair Suarez: Okay. Mr. Hannon: -- so we could do a motion to reconsider. Vice Chair Sarnoff: So move. Chair Suarez: It's moved by the Vice Chair. Is there a second? Commissioner Carollo: Second. Commissioner Gort: Second. Chair Suarez: Second by Commissioner Carollo. All in favor, signifir by saying "aye." The Commission (Collectively): Aye. Mr. Hannon: Now, Chair, we will go ahead and proffer the name of Jose Soto -- Chair Suarez: Yes. City afMiam,i Page 53 Printed an 12/10/2012 City Commission Meeting Minutes November 15, 2012 Mr. Hannon: -- as your appointment -- Chair Suarez: Yes. Mr. Hannon: -- and we will also reappoint Nathaniel Wilcox as Commissioner Spence -Jones's appointment to the Community Relations Board. Chair Suarez: Okay. Is there a motion? Vice Chair Sarnoff: So move. Chair Suarez: Moved by -- Commissioner Spence -Jones: Second. Chair Suarez: -- the Vice Chair, second by Commissioner Spence -Jones. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Chair Suarez: Thank you. Mr. Hannon: Thank you. BC.4 RESOLUTION 12-01181 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. BC.5 12-01037 APPOINTEES: NOMINATED BY: Chairman Francis Suarez Commissioner Frank Carollo 12-01181 CTAB CCMemo.pdf 12-01181 CTAB Current_Board_Members.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gott, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE EDUCATION ADVISORY BOARD FOR ATERM AS DESIGNATED HEREIN. City afMiami Page 54 Printed an 12/10/2012 City Commission Meeting Minutes November 15, 2012 BC.6 12-01182 APPOINTEE: NOMINATED BY: Commissioner Wifredo (Willy) Gort 12-01037 EAB CCMemo.pdf 12-01037 EAB Current_Board_Members.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. BC.7 12-01183 APPOINTEES: NOMINATED BY: Chairman Francis Suarez Chairman Francis Suarez Vice Chairman Marc Sarnoff Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Michelle Spence -Jones AFSCME Local 1907 IAFF 12-01182 EOAB CCMemo.pdf 12-01182 EOAB Current_Board_Members.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnot, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo RESOLUTION City nfMianni Page 55 Printed On 12/10/2012 City Commission Meeting Minutes November 15, 2012 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. BC.8 11-00997 APPOINTEES: NOMINATED BY: Chairman Francis Suarez Vice Chairman Marc David Sarnoff Commissioner Frank Carollo Commissioner Michelle Spence -Jones 12-01183 Finance CCMemo.pdf 12-01183 Finance Current_Board_Members.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. BC.9 12-01036 APPOINTEES: NOMINATED BY: Chairman Francis Suarez Vice Chairman Marc David Sarnoff Commissioner Frank Carollo 11-00997 Health CCMemo.pdf 11-00997 Health Current_Board_Members.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FORATERM AS DESIGNATED HEREIN. City afMianti Page 56 Printed ne 12/10/2012 City Commission Meeting Minutes November 15, 2012 APPOINTEE: NOMINATED BY: Eileen Broton Commissioner Michelle Spence -Jones 12-01036 Homeland CCMemo.pdf 12-01036 Homeland Current_Board_Members.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-12-0452 Chair Suarez: BC. 1. Todd Hannon (Assistant City Clerk): Good morning, Commissioners. I would actually like to start with BC. 9, the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. Commissioner Spence -Jones will he reappointing Eileen Broton. Is there a motion? Commissioner Spence -Jones: So moved. Commissioner Carollo: Second. Chair Suarez: Moved and seconded. All in favor, signify by saying aye." The Commission (Collectively): Aye. BC.10 RESOLUTION 12-00834 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FORATERM AS DESIGNATED HEREIN. BC.11 12-01043 Office of the City Clerk APPOINTEE: NOMINATED BY: Commissioner Frank Carollo 12-00834 MSEA CCMemo.pdf 12-00834 MSEA Current_Board_Members.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS AND City afMiami Page 57 Printed an 12/10/2012 City Commission Meeting Minutes November 15, 2012 BC.12 12-01184 RECREATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Francis Suarez Vice Chairman Marc David Sarnoff Commissioner Frank Carollo City Manager Johnny Martinez 12-01043 PRAB CCMemo.pdf 12-01043 PRAB Current_Board_Members.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Dean Lewis Commissioner Michelle Spence -Jones 12-01184 UDRB CCMemo.pdf 12-01184 UDRB Current_Board_Members.pdf Motion by Commissioner Gort, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0451 Todd Hannon (Assistant City Clerk): And then, Chair, if could get a motion to continue all other board items? Commissioner Spence -Jones: No, no. Mr. Hannon: Oh, I'm sorry. I'm sorry, ma'am. Commissioner Spence -Jones: Not unless you guys -- Chair Suarez: No, no, no. City afMiam,i Page 58 Printed an 12/10/2012 City Commission Meeting Minutes November 15, 2012 Commissioner Spence -Jones: Okay. Chair Suarez: Go ahead. Is there any other ones, Commissioner? Commissioner Spence -Jones: Okay. I know that I have some other board appointees on here that I needed to -- I just need to get clarity on. Mr. Hannon: Yes, ma'am. Commissioner Spence -Jones: 'Cause I don't want to bring it -- roll it over if I'm fine with where they are. BC.12, for instance, and that is the UDRB Board, Urban Development Review Board. Mr. Hannon: BC.12, yes, ma'am. Commissioner Spence -Jones: Okay. Who's nay appointee on that now? Mr. Hannon: Dean Lewis. And, actually, he was appointed by Commissioner Dunn. Commissioner Spence -Jones: Okay. You can reappoint him. I'm fine with that. Mr. Hannon: Okay. Is there a motion to reappoint Dean Lewis? Commissioner Gort: Move it. Vice Chair Sarnoff: Second. Chair Suarez: There's a motion and a second. All in favor, signify by saying aye." The Commission (Collectively): Aye. BC.13 RESOLUTION 12-00837 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT ADVISORY BOARD FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Luis Esteban Garcia Commissioner Michelle Spence -Jones 12-00837 WAB CCMemo.pdf 12-00837 WAB Current_Board_Members.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0449 A motion was made by Commissioner Spence -Jones, seconded by Vice Chair Sarnoff, and was City afMiami Page 59 Printed an 12/10/2012 City Commission Meeting Minutes November 15, 2012 BI.1 12-01166 passed unanimously, with Commissioner Carollo absent, to appoint Luis Esteban Garcia as a member of the Waterfront Advisory Board; further waiving the attendance requirements in Section 2-886 of the Code of the City nfMiami, as amended, by a four/fifths (4/5ths) vote of. the members of the full City Commission, as it relates to past absences on record for Luis Esteban Garcia as a member of the Waterfront Advisory Board. Commissioner Spence -Jones: And then BC.13. Todd Hannon (Assistant City Clerk): Yes, ma'am. That's Luis Esteban Garcia. Commissioner Spence -Jones: So -- Mr. Hannon: IfI may, we will also need to proffer a four fifths waiver for absenteeism. Four -- he's had four absentees [sic] in 2012. Chair Suarez: We have four Commissioners. Mr. Hannon: Yes, sir, you do. Chair Suarez: It's a motion? Commissioner Spence -Jones: Yes, so moved. Chair Suarez: Is there a second? Commissioner Gort: Second. Vice Chair Sarnoff: Second. Chair Suarez: Second by the Vice Chair. All in favor, signiA by saying aye." The Commission (Collectively): Aye. Chair Suarez: It passes unanimously -- Commissioner Spence -Jones: And then -- Chair Suarez: -- with the four votes. Commissioner Spence -Jones: Yeah, 'cause 1 don't want to keep rolling over nay board appointments because they need to continue to work. END OF BOARDS AND COMMITTEES BUDGET BUDGET DISCUSSION ITEM STATUS (SEC.18-542(b) CITY CODE) I. 2012-2013 BUDGET II. PROPOSED 2013-2014 BUDGET 12-01166 Summary Form.pdf City of Miami Page 60 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 DISCUSSED Chair Suarez: Let's go to an update regarding the hiring of the City Clerk. Is there anything that needs to be updated on that? Commissioner Spence -Jones: Are you -- are we going over -- are we skipping over P -- B1 [sic], the budget update? Chair Suarez: Yeah. I don't have a problem doing that right now, if you guys want to do that now? Commissioner Spence -Jones: What -- 1 mean, it's just an item. I know that we kind of skipped over it. I don't know if you want to -- Chair Suarez: I have no problem doing that now. Commissioner Spence -Jones: Okay. Danny, can you please give us a serious update? Daniel Alfonso: Good morning. Daniel Alfonso, director of Management & Budget, City of Miami. Clearly, what everybody's wondering about is the fiscal year 2011-2012 end -of -year numbers. The fiscal year end numbers, according to our preliminary close, appeared that -- show that there will he a roughly $37 million surplus between revenue and expense. That is quite different from where we had been up to this point, noting between 8 to $9 million. I will say that my projections up to the point of August had been very conservative both on revenue and expenditures. On the revenue side, once the hooks were closed, we ended up with roughly 11 to $12 million more than we had anticipated, primarily due to monies that we get from state revenue sharing. We got a FEMA (Federal Emergency Management Agency) reimbursement that we were not anticipating. We got adjustments from the state of Florida for half -cent sales tax that were in the positive. In effect, many of our revenues, with the exception ofprnperty tax, performed better than budget. Now why, you may ask, is it that we did not come out and say, hey, look, it's like the revenue is going to he 10, $11 million over budget? Number one, because early on those numbers just weren't there. And I would say that late in August or into September while we were discussing the budget items, when I finally got around to looking at the August figures, I still did not come out and say, looks like we're going to have $10 million extra because the fact is that in the past few years, we have had negative adjustments that come in from the State at the end of the year or -- you know, just last year,, for example, we had public service taxes, a call from DOR (Department of Revenue), and we were told we're going to cut your revenue by $7 million. And I think everybody remembers that during negotiations about a year and a few months ago. So in order to be sure that the numbers were absolutely what they were, we were going to wait until September closed and then the information would be fully disclosed. On the expenditure side, we in the City of Miami have rightly hudgeted reserves of revenue shortfall which amount to 11, $11.5 million in the case of '11/12 and the $5 million emergency contingency reserve. To the extent that no emergency occurred, we had no need for those funds. Through August, no emergency had occurred. And "guess at that point I could have said, hey, looks like nothing's going to happen; let's just go ahead and say that money will not be spent, but that's not the fact. The fact is that we held onto an assumption that there might still he a need for those funds. So in our projections we did not include the fact that we had not used the emergency contingencies yet, so therefore those projections weren't taken into account. The police department did surprise. They came in about $4 million under budget. In looking at the numbers, it is clear that the expenditures in personnel in the police department have been a lot less than even we anticipated. We know that they have been trying to recruit as fast as possible, but that's basically where the savings occur. Even though they exceeded the budget in overtime, they still more than made up for it in attrition and savings. In addition to that, in the police department, we worked with the police department chief to identify expenditures in overtime that were eligible for Law Enforcement Trust Fund use, and we reduced that from their operating City of Miami Page 61 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 budget and expense and moved it over to Law Enforcement Trust Fund, therefore freeing up more general And monies, which is why, in a sense, in the end, they ended up as well as they did also. So having said all that, I could say that our projections were extremely conservative. At the end of September, with the preliminary close, we clearly are not going to use the reserves. There probably will still be some accruals and adjustments that get made at year end, which is basically the difference between what the financial system still states at about 45, but we know for a fact that there are a few million dollars transactions that still have not posted. We know that the auditors will require other accruals, and that's why we're saying that the number in the end will more likely he around $37 million. It could he 35. It could he 40. It could he 33. We just don't know. I'm very comfortable saying that it's definitely going to be more than 30. Having said all of that, even if the number is 35 or 37 and we add to that the 19.5, call it 20 million that we had from the prior year, that will bring us somewhere between 55 and $60 million. That is still only about 60 to 65 percent of where we need to be by our fiscal integrity ordinance, which requires that we have a $93 million fund balance, which in effect means that we're not yet in compliance with that ordinance; therefore, those funds would not have been available for operational expenditures in 2012/13. Chair Suarez: Thank you, Mr. Budget Director. Yeah, I think we should -- go ahead, Commissioner Gort. Commissioner Gort: Let me ask a question. My understanding, within the audit, the audit report on the -- with the, financial integrity, they say 10 percent of the budget. Where do we get 93, because 10 percent will he 40-some in reserve? Mr. Alfonso: There are two 10 percent pieces in that audit. There's a 10 percent unassigned and a 10 percent assigned or designated and undesignated. That's the accountant language. But you have to add the two 10 percents. So, in effect, it is 20 percent. Commissioner Gort Twenty percent. Mr. Alfonso: Correct. Commissioner Gort: Okay. Chair Suarez: I think there's a 10 percent that's restricted and 10 percent that's unrestricted, essentially. Mr. Alfonso: Yes. Chair Suarez: Any further questions? Commissioner Spence -Jones: Do you have --? Chair Suarez: No. I'm -- yeah. I'm going to let -- open it up and I'll go last, I guess. Go ahead, Commissioner. Commissioner Spence -Jones: I think I'm going to wait until everybody else speaks. Chair Suarez: You wanted to go last? Commissioner Spence -Jones: Yeah. Chair Suarez: You want to --? We should pick straws. Go ahead, Vice Chair. Vice Chair Sarnoff: I always like -- City of Miami Page 62 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Chair Suarez: I just check off on -- as you guys speak, I71 check off on my concerns and see what's -- Tice Chair Sarnoff • No. Mine -- I'm going to stay kind of laser focused 'cause I -- Chair Suarez: Sure. Vice Chair Sarnoff: I'm going to candidly say, Danny, I don't know where the 11.5 million came from, but I'm going to let, 1 think, the Chair or somebody else address that because I'd be showing my ignorance and my stupidity because I wasn't even aware it was in our budget, so I'd just be showing my own stupidity by addressing it. Let me just go to the issue that concerns me the absolute most, and I've now seen -- and I've been at this for two years, and it is police, and it is the issue of the police having additional money. And it's equally the issue thatl went out to the general public with something called the HELP fund, which was Help Equip Law Enforcement Personnel, and have raised close to $60,000. And now I find the police are 4.24 million under their budget. Equally, the City of Miami had an increase in crime. The way I documented it, it would have been around October of last year, probably through about March to April of this year, and some districts and some jurisdictions and some NET (Neighborhood Enhancement Team) areas are still seeing an increase, though I do surmise -- as the chief, I'm sure, is going to step up here, hecause we have a very good working relationship -- that overall, it will finally go down. All any Commissioner can do is appropriate money. We can't -- well, we can make instructions, demands, and we can only demand that of the Manager, and then the Manager then faces our thanks or ire for not fulfilling what we ask. We learned that very well with the Chief of Police recently, that we have no direct authority to do anything other than to talk to the Manager. Ijust want to say from District 2's position, when we allocate money for the police department, I expect the number of allocated positions to he filled. And if they can't he filled, 1 expect a great plausible explanation. Now we addressed some of those explanations throughout this year, but I still have the impression, the feeling, the inclination, the thought, the premise that we're still not at full capacity and we may not be at full capacity. You know, I made a statement. I thought it was pretty cool, catchy. I don't want the police department having savings. The only thing I want them savings [sic] is lives and property, and that is exactly -- avant to hear that they're 100,000 over budget next year so that we can figure out what the chief did to get us 100,000 over budget. But that would mean that we would have close to -- I think it's 200 more law enforcement officers on the street, and I think that's what you all want, too. Maybe it isn't. Maybe you want savings from the police department, but I don't. I don't want to hear they have any money left over. I want to hear that they are arresting the same guy so many times -- as Frank Fernandez used to say to me, Commissioner, you show me a person who I haven't arrested and I'll take you to dinner, 'and never once did I have to take him to -- did he ever have to take me to dinner. So that we can figure out finally why in Miami -Dade County we have people being arrested 800 and 900 times and in other counties -- and you go as far as Palm Beach County, and this is a law and order state. I'm not suggesting you need to get to that level. What am suggesting is criminal behavior and crime in Miami -Dade County is like a disproportionate amount when compared to the rest of -- when you compare it to the rest of Florida. You could call it that's our liberal thinking, it's our liberal ways, hut let's call it what it is. And at one time we thought it was an overcrowding situation in the jails. At another time we thought it was another situation. But until you staff your police department to the level that the City ofMiami staffs it -- and I mean this Commission -- we can never make the premise something else is broken. And my only criticism, Mr. Manager, and it goes back to what I've been saying for the past year -- I don't want to see a dollar of savings from the police department, and I don't want to ever he addressed with savings from a safety issue again. I just don't want to hear it. If there's a problem with Department of Justice -- I don't care if you have to fly to Washington and meet with Barack Obama himself -- get it fixed. I don't care if you have to change your policy; get it fixed. Put hoots on the ground. I want to see leather. I want to see them without shoes so that they can say we need new shoes. I want to hear their uniforms are City of Miami Page 63 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 worn out so we can buy them new uniforms. I don't want to see savings from the police department. Chair Suarez: Thank you. Commissioner Carollo. No? Commissioner Gort. Commissioner Gort: I'm okay. Commissioner Spence -Jones: Okay. So let ore see where I want to start. I think the one thing that -- ill was going to make a statement about any of this, Danny, would he my level of disappointment after hearing what I heard regarding, you know, the amount of monies that we actually have available to us. I can deal with a lot of things. I mean, I can deal with you not liking me or liking any of us up here. I can deal with folks not being perhaps loyal for whatever reason. But the one thing that is very difficult for me to deal with is my ability -- or to not trust your word. Now, Ijust heard the song and a dance, 'cause it was a song and a dance. And I find it extremely difficult to believe, extremely difficult to believe, after our meetings that we've had and our sessions regarding the budget, regarding the unions, regarding all of the issues that we were all facing as Commissioners -- 'cause at the end of the day, our butts are on the line. When we make a commitment and we say it is what it is and it's not, it puts us in a very, very bad situation. For me to hear now after the fact, after we've sat in countless numbers of meetings before the budget was voted on, that we had no choice, no other option, that this is where -- and now we're -- this is where we are now, is very, very disheartening. I know that every single person sitting up here, if nothing else, our confidence level on many of the Administration -- on a lot of the Administration folks has come to an all-time low because we've been told things that we find out not even a month later, the next Commission meeting later that's not true. With you, it's -- that's never been the case. Our level of confidence within you as our person that tells us the numbers, that briefs us on these issues, we trust what you tell us. Never in one of those discussions, ever, was this even brought up as a possibility, as an issue, as a, you know, here's what I'm holding back on, but there's going to be a great chance that we will, you know -- there will he some additional revenue made available. Never not [sic] one time the discussion came up. It was, "Commissioner, if we don't make this decision, the City is going to be in ruins." That's the position you put us in. That's the position you put us in, Mr. Manager. So when we vote on an item, we're voting yes to save the City and to save our employees because that's what the Administration is telling us it is. And to come not even two meetings later as if nothing like this -- all of a sudden, voila, there is the money there. What kind of position do you think that puts us in? And, quite frankly, Danny, I think you're a smart, intelligent guy. I find it extremely difficult to believe that you didn't know it. Now, personally, I didn't sit across the table with the union guys and looked them in their eves and have conversations with them about City employees; you guys did, knowing all of the time that that option sat there. Now, mind you, if that was a part of ,your strategy, please let us know about it because we got to face them every single day. Give us the option to say, hey, we want you to dig deep on that. You didn't give us an option. So, quite, frankly, at this point I feel misled and I felt -- feel very disrespected. So now I'm dealing with -- can't speak for any other district. I'm just going to speak for mine. That's what people elected me to do, is to speak and be their voice for them. And, quite frankly, feel the same way about City employees, 'cause the City is on their backs every single day. The City employees fight for this City to keep the doors open, to service our residents, and we treat them like this? So if nobody else don't want to say it, I'm going to say it, 'cause somebody has to be up here saying what happened was wrong. You're not going to get a free pass, you or either the Manager. You're not going to get a free pass. It ain't happening. So now every single thing and every single time that something's being brought to me, now I feel like I have to second guess it because it may not be truth? So now I'm hearing there's a possibility of 35 to $37 million that we're going to he in the surplus. In any other -- on any other occasion, we would he celehrating, if we didn't, feel like we were -- I can't speak Ibr any -- if I did not feel I was misled or lied to. So I have to ask this question. You said we have an additional $35 million that's available. So does that mean now our social service programs, the seniors that we've been fighting to find a nickel, quarter, dollar, you know, to make sure they can continue -- so now we got a surplus, so we're City of Miami Page 64 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 able to make things whole now. Oh, no, let me finish, okay, because you're not going to tell me on one end we got a surplus and then on the other end you're telling me, oh, no, we don't. So are you now telling me the programs and projects or departments that we had to reduce on, that City employments -- employers [sic] and department heads have had to severely reduce to provide services to all of our residents, we're now -- we now have a surplus, so now we're whole? Are you now telling me all of the things that I sat countless number of hours with my Manager and with you and everybody from the finance arena in the City of Miami that -- how we had to cut back on every single thing in order to save the City. Are you now telling me now oh, no, we have a surplus. 'Cause I'm -- at this point, if that is the case, then I need to get busy going hack through all the things that 1 had to reduce on fbr the residents that elected me, that trust me to do what's necessary to make sure the little hit of money that they do have to pay for their tax -- pay their taxes, they're able to get some small things in their neighborhoods. Are you telling me now we have the opportunity to do that? 'Cause you can't tell me on one end we got a surplus and then on the other end tell me oh, no, no, we don't, Commissioner. And Johnny, you know, I sit on this dais, you know, and many of the times, you know, I go out of my way 'cause I see, you know, how difficult it is for you to manage and make sure that everybody's okay. That's a tough position to he in, especially with the five of us sitting up here, but every single time I jump in and I throw the life preserve [sic]. This is unacceptable. It is absolutely unacceptable. I understand what my colleague and what we have to do on the $45 million port tunnel and I support him 100 percent to get it done, but that in no way, in no way to me, you know, is acceptable that have to sit up here and swallow this pill like nothing hap -- I'm getting to the point that I'm very tired of the Administration telling me one thing and it being something totally different. And guess what; you don't even respect us enough to even wait for two months to go by. So in other words, we will vote on an item in this Commission, and the next Commission meeting there's an item attached to that item that you already knew about because the agenda's already basically -- already set, so you already know it, but we're not privy to that information till we sit up here or a week before our briefings -- the week of our briefings to hear this stuff. And then all of a sudden, we got to swallow it. So I'm not going to sit here and act like it's okay. It ain't all right. It's wrong. And I can't believe, Danny, that you would even expect for us to believe up here that you didn't know it. You did -- well, thank God, you put on the record you did know it. But I cannot believe that you would not have a conversation with us to let us know that. And you and I had one-on-one conversations about key initiatives, key things that we needed, employees -- City employees that lpersonally just in general didn't want to see hurt. So I feel like I was -- I've been played. Chair Suarez: Commissioner Gort. Commissioner Gort: What I'd like to get from you all -- because there's two procedures here. We got certain information when we were working on the budget in putting the budget together, and it's new information that come up. 1 want to go into detail the dates that you're aware of this information, when they come in, 'cause my understanding is -- and I was looking at the monthly report that you send about the expenditure, and all through the monthly we were very much on target. Matter ()Bizet, some of the departments were a little hit low of their budget. So it's very important because there's a lot of perception out here that this just came out now because of the tunnel and this information you knew from way hefore when we were working on the hudget. Sn 1 think it's very important to clarify and for everybody to be aware what the process was on the two process, and when did you knew about the funding because we always knew we were going to have 5 to $8 million in reserve and so on. So that's what I'd like to hear from you. Commissioner Spence -Jones: I want a response too on all this stuff I said. Personally, I think that not only we need to hear it; my residents need to hear and the City employees need to hear it. Commissioner Gort: Sure. City of Miami Page 65 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Commissioner Spence -Jones: It's disrespectful. It's wrong. Chair Suarez: Yeah. Okay. Commissioner Spence -Jones: I want to hear a response to this dissertation that I just gave you. You got to have an answer or a response. Mr. Alfonso: Commissioner, I will do my best to respond to your concerns. First of all, I want to say that there's nobody that's more disappointed in the fact that we missed the projection or informing the Commission that the numbers were going to be better than we thought earlier than I 'cause, ultimately, I was the one who put that information out there and I'm the one who sent the messages with the attachments, et cetera. Having said that, I think we need to separate two things: What is fiscal year '11/'12 and what is fiscal year '12/'13. When we talk about fiscal year '11/'12, it is the budget and the operations that was approved a year ago and when we talked about '12/'13 is what we have just negotiated and brought to this Commission for approval. Fiscal year '12/'13 on itself, its own revenues and its own expenditures, when we started looking at the numbers back in March or April and when we started talking to the unions as late as maybe April, May, June, I personally don't believe there was anybody that could have stood in my office and told me that at the end of the year we were going to be $37 million in the positive, okay. Now we have been projecting 8 to 9, so the variances like 29 million is a huge number, to me is unacceptable, personally. I'm offended myself by it. Now I understand your frustration, and I could only tell you that in my heart, there was no intent to deceive anybody, and 1 know that for myself And to that extent, I sleep easy at night. Now -- Commissioner Spence -Jones: Let me -- please, let me add on to this Danny. First of all, you yourself said on the mike today that as of September, you started seeing these numbers, you start realizing that there might he a surplus. Any time during that period of time, did you talk to the Administration, your boss, the Manager, to tell him that? Mr. Alfonso: Commissioner, the fiscal year '12/'13 -- Commissioner Spence -Jones: Just -- I just need a very straight answer 'cause you said in September you realized or recognized that there might he an opportunity or the possibility of a surplus beyond the $8 million. During that time, did you communicate that to your Manager? Mr. Alfonso: In September, no, Commissioner. Commissioner Spence -Jones: So you realized it in September and you didn't communicate it to the Manager? Mr. Alfonso: Commissioner, in September, when we were focusing on getting the '13 budget approved, okay, and we were looking at the numbers perhaps through July, the numbers for August finally closed sometime in the middle of September -- when I looked at the numbers, yeah, I looked at through August, things were looking good. At that point we had said we will have a surplus for '11/'12 and we thought it was going to he $9 million. If that surplus ended up being 15, 20, 25, 30, 35, as it turns out, that number could not be used for '12/'13 as it relates to our fiscal integrity ordinance so that in the sense that -- at that point -- Commissioner Spence -Jones: Danny. Mr. Alfonso: Yes, ma'am. Commissioner Spence -Jones: But Danny, my point is if it -- if you're sitting here telling us on the mike in September -- 'cause that's your words. They're not mine. City of Miami Page 66 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Mr. Alfonso: Yes, ma'am. Commissioner Spence -Jones: I didn't put them in your mouth. Mr. Alfonso: Yes, ma'am. Commissioner Spence -Jones: You said it out of your mouth. Mr. Alfonso: Yes, ma'am. Commissioner Spence -Jones: You said in September you realized and you acknowledged at that particular time that we were going to have a surplus beyond the $8 million. When we're sitting in briefings upstairs, going hack and forth truing to figure out how we're going to deal with the issue of City employees and unions and everything that we got going on, programs we got to cut, all of this stuff, never did that ever come nut of ,your mouth. Mr. Alfonso: J understand. Commissioner Spence -Jones: And I find it hard to believe that you didn't have that conversation with your Manager. So then that brings me to a greater point because any -- I don't know anywhere in corporate America if the company is in an uproar at that particular time about having to cut and lay people Wand do all of these things, right, that there's a $35 million possibility of a surplus -- Mr. Alfonso: I did not suspect that it was $35 million, Commissioner. Commissioner Spence -Jones: Okay, anything higher than 8.9 or $9 million. But now we're at the point that you realize that it's 35 million. Anywhere in this country where, you know, that -- if something like this happens where you find out there's a $35 million surplus after you have created turmoil in the organization, that anybody would still be in that job ? You find -- you found $35 million. Mr. Alfonso: Commissioner -- Commissioner Spence -Jones: That's -- not 35,000, not 350; 35 million -- You know, on my way coming to work -- do you know how embarrassing it is -- I had three texts on my text on the way corning to work this morning. Laugh online [sic]. Can I get a loan? You guys found $45 million? Who's running your finances? How do you all of a sudden find $45 million or $35 million? We're the ones looking up here crazy because nobody in the public could ever believe that we're not getting the information, and we're voting on stuff and voting on stuff based upon what y'all tell us. Mr. Alfonso: Commissioner, in our monthly reports where we give you the information as to where we are year-to-date in expenditures and revenues, if we look at the August report, it clearly shows that the revenue, less expenditure, was $36 million in the positive, all right. Commissioner Spence -Jones: Danny -- Mr. Alfonso: Nonetheless -- Commissioner Spence -Jones: -- we can do the song and dance all day long cha-cha or salsa, whatever you want to do right now. There's no excuse for what just happened. Every single last one of. us sit up -- sitting up here were basically disrespected. We trust what you tell us. We have to look in the faces of our City employees and say we didn't know it. Quite frankly, I wouldn't believe us. City of Miami Page 67 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Chair Suarez: Thank you. Anyone else? Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, Commissioner. Commissioner Carollo: Just real quick. With matter of procedures, Danny, who closes the hooks? Is it your department nr is it Finance? Mr. Alfonso: No. The books get closed by the Finance Department once all the expenditures are posted. Commissioner Carollo: And who provides the info to the auditors with regards to closing the books, with regards to testing any of the numbers? Is that the Finance Department nr your department? Mr. Alfonso: Well, the auditors will go through their process. We won't actually have a CAFR (Comprehensive Annual Financial Report) until late March. Commissioner Carollo: I understand. But the bottom. line is, is it your department or is it the Finance Department? Mr. Alfonso: The Finance Department records the numbers, Commissioners, but it is our department who does project and make those projections. I fully accept that I did not say look, it looks like things are going to be a lot better than they are. Commissioner Carollo: Who does the monthly reports, the Budget Department or Finance? Mr. Alfonso: 1 do the monthly' reports on expenditures to date and I give the projections. Commissioner Carollo: And you give the projections. So the actual monthly reports are produced by the Finance Department nr by your department? Mr. Alfonso: They're produced by my department. Now, the Finance Department also produces a monthly report on all funds, so we sort of both have a monthly report. Commissioner Carollo: Okay. Obviously, you know that I think it's quite obvious that none of us are happy up here. I'm definitely not happy. But at the same time, I see you, you know, in front of us taking the blunt [sic] of all this. And, you know, although 1 clearly say that 14n not happy, I also do understand that the Finance Department, you know, should he up here also. But anyways,-- Mr. Alfonso: Yeah. I'm going to say honestly, I disagree, in that the Finance Department recorded the revenues and the expenditures and they have done that appropriately. I don't think that the projections are any of -- that they have anything to do with. We did the projections, as 1 stated. In past years, if we look at 2008, 2009, 2010 in the City of Miami, we actually ended the year where in the month of September, revenue was almost nonexistent because you had adjustments that went to the negative and those were significant adjustments. You had years where you ended up with $26 million in deficits, revenue over expenditures, and as high as $50 million I believe around 2010. Now, call me ultra conservative for not coming nut when I thought that this definitely going to be higher than 8 to 9. hi the month of September, we were in the middle of the budget process and we're trying to get the '12/13 budget approved. Honestly, that's what I was being focused on, so the projections kind of got pushed to the back. When I got around to them, I realized, you know, this looks like it's going to be bigger, but for now we know City of Miami Page 68 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 that it's going to be to the good. I didn't think it was going to be this much, but I was waiting for that other shoe to drop. The shoe never dropped. We never had an emergency. The revenues came in hotter than expected, with the exception of the property tax. Therefore, we didn't need the emergency contingency reserves. We didn't need the revenue shortfall reserve which, by the way, in 2011 we closed the books two and a half, three or six, depending on which way you look at the CAFR, to the good. We burned the entire revenue reserve in that year. We burned it. The only thing that we did not use was the emergency contingency. So to that extent, I was alter conservative and say, you know what, if this news is going to he good, I want the he sure before I go out there and say the number is $35 million. Because the last thing I want to do is say the number is 35 million and have to come back and say oops, it's 25. Yes, 1 erred an the side of caution. Commissioner Carollo: And by the way, I definitely know that, you know, budgeting and a budget is not an exact science. But at the same time, the disparity was -- Mr. Alfonso: 1 accept. This disparity is .far -- Commissioner Carollo: Right. Mr. Alfonso: -- too much, and you know, it was wrong. Now, I can say this, '12/'13, we have $16 million in reserves. You know, to what extent do we start projecting that we'll have a $16 million surplus? Commissioner Carollo: And -- Mr. Alfonso: If things go as budgeted, we'll have a $16 million surplus in '12/'13. That's -- that was budgeted. Commissioner Carollo: And by the way -- Mr. Alfonso: If we have a Sandy, we may have no surplus whatsoever. Commissioner Carollo: -- you're talking to the Commissioner that, you know, argued and I don't want to say fought you, but argued to make sure that we had a big enough reserve, 'cause in previous years we had to dip into our reserves and, you know, these coming years we really don't have much of a reserve anymore to dip into. So I want to make sure that we have a healthy reserve. But with that said -- and again, saying that, you know, budgeting is not an exact science. The disparity was way, way, way too large. Mr. Alfonso: 1 agree. Commissioner Carollo: And you understand that. The reason why I've been somewhat quiet about it also is because I'd like to speak to our CFO (Chief Financial Officer) and even Wells Fargo because, realistically, this directly affects our limited bond offering as this is going to he the information that goes forward with it. So I'm actually, you know, concerned, and I would like to, you know, discuss it with our CFO, with Wells Fargo, and I'll leave it at that before, you know, we continue. But it's something that -- You know, I haven't had a chance to speak to our CFO with regards to this and Wells Fargo, but I think definitely before 2 p.m., that's something we need to discuss as it directly affects limited bond offering. Thank you. Chair Suarez: Thank you, Commissioner. Yes, Commissioner. Commissioner Gort: Look, when you finish with your question, I want him to go to the procedure, when did he find out that -- when we had the surplus and so on. When did he receive the information. City of Miami Page 69 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Chair Suarez: Okay, thank you. You know, I have several issues. Our government is such that revenues don't just materialize out of thin air. There is -- You know, 60 percent of our revenues are properly -tax driven, and we receive most of those revenues within a four- to five -month period, well in advance of the end of the year. So, you know, I think one of the concerns that I have is, you know, the lack of foresight. You know, I have an e-mail (electronic) that I read to you in our briefing from -- dated October 1, and in that e-mail it says, Last week we were focused on the budget and now we have completed the projections for the first 11 months.'So this was 11 months out of the 12 months of the year. "We still project that there will he a surplus of revenue, less expenses,, far fiscal year 2011-2012 of approximately 8.5 million. "So that's as of October with 11 of the 12 months already in, and so I think that is one of the reasons why there's so much concern. There doesn't seem to have been any foresight in this revelation. There's not one person, not one person that I have spoken to in our briefings -- and I've had multiple briefings in a couple of days, which is another part of the problem, the tinning of this all -- that wasn't shocked, shocked when they got the infannation. Not one person. And that to me is a concern. When every single person -- the only thing that they all agree on is was that when they first saw that information, they were shocked so -- I mean, the variation -- the variance or the anomaly that we're talking about -- obviously, it's -- and I think the Commissioner made a statement in the -- you know, in the press. It's obviously very good to find more money; you know, to come -- to finish the end of the year with more money than you expected. That's obviously -- typically, that's good news. The problem here is not that. The problem here is the variation between, you know, what we are -- what we were expecting and what we're being told as of, you know, if -- had I not discovered it in the hand document, in the prospectus document that was given to me five days before, you know, within the five-day rule, I wouldn't have found out about it until Tuesday, which was when I was scheduled to brief: And then I wasn't given a breakdown, which I obviously haven't had a chance to really dig into, until 5 p.m. yesterday, and we were -- you know, and I tried and tried and we met twice, I think, beyond the time that I received that information to try to get a grasp on that information. So you know, 1 think that's one of the major concerns. Another major concern is -- you know, and I'll let the employees talk about it. I'm sure that they have concerns about the fact that, you know, just a couple months ago we're declaring a financial urgency and now, you know, we're saying that, you know, we have, you know, a surplus that is 450 percent larger than what we anticipated. We were even pressured as a Commission to declare a financial urgency in the time that the Court had invalidated the Manager's declaration of urgency. And one of the things that 1 said when I was questioned about it was the Administration hasn't proven to inc that there is an urgency, and they never gave me a drop dead deadline on when there would he an emergency. There was even talk in my briefings that we had a cash crisis, and I know we've talked back and forth about the differences between having a cash crisis and being in a reserve fund balance position and timing of the year, et cetera. So I mean, it's just -- I thinkfor all of us, you know, the discrepancy is so great and it's produced, in part, by a department that has had so much controversy in the last few weeks, which is the Finance Department, at -- particularly at the high level. We don't have a treasurer. We don't have a Finance director. He was -- resigned or let go in the last couple of weeks, since the last Commission meeting where I expressed a lot of concern about some of the issues that were -- some of the information, and I was told then, you know, Commissioner, I understand you're frustrated with the process, but just, you know, we need you to take a leap rf faith because this is something that has to be done. And, you know, l said at the time, you know, 1 wonder what the next crisis will he, never having guessed that it would be at the next Commission meeting where something happens that is so utterly shocking to everyone, I think. Obviously, if this were -- this would still he shocking if we were just having a soft close and you came to us and started reporting this information because we have monthly reports. We -- by ordinance, an ordinance that I sponsored, we passed the ordinance which requires the Budget Department to come hefore the Commission and give us a monthly report on what the status of our finances is. And the purpose of that monthly report is so that we can be flexible and make adjustments, whether they be downward or upward or whatever they may be, but so that we're fully informed of the financial picture of the City as the year evolves because different things happen. Some of our City afMiarni Page 70 Printed 0, 12/10/2012 City Commission Meeting Minutes November 15, 2012 expenses are front loaded, like our pension costs. Some of our -- you know, most of our revenues come in a very short portion. I still haven't seen any of the backup for the new revenue in terms of-- we talked a little hit about it, why we thought there was more anticipated or more revenue than anticipated, but I haven't seen any of the backup document on that. You know, obviously, as the Commissioner mentioned, you know, the sensitivity is with, you know, some decisions that we have to make later in the day, and so I want to be somewhat respectful of that. You know, I think the other thing -- the other point goes to what Commissioner Sarnoff was saving, which is we're not just very off on our projected revenue, which, by the way, was one of the main reasons why I voted against this specific budget because at 3 o'clock in the morning, we hadn't even begun to talk about revenue. One of our major problematic categories was a revenue category that underperformed in the prior year, which was the red-light camera revenue. So, you know, when we're off -- when we're projecting as an expense -- we already have 11 month actuals -- we're projecting as an expense, at the end of the year that police is going to be $300,000 under budget. That was our projection. And in fact, we come in $4.2 million under budget. It's not just a revenue -- you know, we're not just off on revenues. By the way, the reserves, the so-called reserves, one of them is a true reserve. It's a $5 million reserve that's required by the financial integrity ordinance. The other one is really an offset by our statutory requirement that we budget at the 95 percent collection rate. Commissioner Carollo: No. Chair Suarez: It's not a -- Commissioner Gort: No. Chair Suarez: -- reserve against collections? Commissioner Carollo: No. Mr. Alfonso: It is a reserve against collections but not related to the 95 statutory required. The fact is that the statute requires that we budget at 95 percent. That we've always been doing. Chair Suarez: Right. Mr. Alfonso: The fact is that in the last few years, this City was not able to even collect 95 percent. Commissioner Carollo: Yes. Chair Suarez: Of course. Mr. Alfonso: So that reserve was to get from 95 percent below. Chair Suarez: That's exactly -- Mr. Alfonso: You're not allowed to budget below on the revenue; therefore, you budget it on the reserve. Chair Suarez: That's exactly what I just said. Mr. Alfonso: Well, no. You meant 95 to 100. This is from 95 down. Chair Suarez.: No, no, no, no. 1 apologize if that's the way that it came out. That's not the way 1 meant it. I meant 95 downward. City afMiam,i Page 71 Printed n,, 12/10/2012 City Commission Meeting Minutes November 15, 2012 Mr. Alfonso: Right. Chair Suarez: When we -- those two budgets that you're talking about where we're out of balance, one of them was 25 million, the other one was another 25, plus another 25 that we put in because of the transfers. One of the things that Manager- Migoya did at the time was structurally reconfigured how we looked at ow budgets. And one of the things that he did was assume a collection rate of somewhere in the vicinity of 89 percent, so we increased our reserve, our offset, whatever you want to call it, from 95 to 89 instead of 91, 92, which is what we were budgeting at before, and then we were seeing underperformance. If we're over performing in that category, if our revenue, we should know that in May. We shouldn't figure that out after October. That should he something that we should know, you know, by May, maybe -- you know, maybe June. We should know that information. And that's where Pmfrustrated, rustrated, because money doesn't just magically materialize. People don't wake up -- and governments by the way don't wake up and have 10 percent more money than what they budgeted, you know, because it's almost 10 percent -- what we're talking about here under gross, not the net. On the gross number we're at 45. Our budget is somewhere in the -- Mr. Alfonso: I'nr not going to quibble the numbers, Conmrissioner. The difference, 20 -- Chair Suarez: -- 7 to 8 to 9 percent, whatever it is. You don't just get up in the morning and see your hank account, you know -- or realize that you saved, you know, 7 percent of your income when you didn't otherwise, you know, take that into account so -- 1 mean, 1-- you know, for me it's -- first of all, it was shocking to hear it. You know, thankfully, it was shocking in the sense that it was, I guess, positive information rather than negative information, but the problem is that when the positive information is so different from what you're being told, it calls into question, particularly when that information is being produced, like the Commissioner said, by a department with a lot of high-level turnover, a lot of high-level vacancies. So, you know, I understand that it's a team effort and I know that, you know -- and I don't know, once it's all said and done, whether it will be, you brow, the fact that there was misbudgeting [sic], whether it will he the fact that there were misaccounting [sic], mispostings [sic], or whatever. Hopefully, it's not that, obviously. I think what makes it difficult fbr us is we get this information so late and then we have to turn it around into something else. Andl think, you know -- otherwise, you know, we could just say, you know, look, we made some mistakes. And by the way, I commend you for taking responsibility. 1 really da. And 1 think that's one of the frustrations that I've had and we've -- I've expressed it very, very clearly in my briefings, the lack of some people in this government taking responsibility for what has transpired, and it's something that goes all the way up to the Administration. That to me is very disheartening, and the Manager has also taken responsibility, so I commend you for doing that as well. In any event, you know, I'm not sure that there's anything more to add at this point. I think we're all -- we've all (UNINTELLIGIBLE). Johnny Martinez (City Manager): May I say something? Chair Suarez: Sure. Of course. Mr. Martinez: I mean, it doesn't all lie on Danny's shoulders. I mean, we're in this together. I understand why you have doubt and uncertainty with our. fund balance. It's not so much the uncertainty in the truthfulness of the numbers. It's the timing of the numbers. We could have managed the expectations a little hit better as we gotten closer and said, guess what, Sandy is not corning through here; we're not going to be able to use the emergency. The people up north -- in the northeast, New Jersey, New York, they probably didn't budget such a big reserve 'cause they're not used to hurricanes and disasters going through their area and flooding their subways; we are, so we budgeted that. 1t skipped us. We were spared. That's $5 million extra that we have to the good. We have the $11 million in -- for the revenue shortfall reserve. We -- I don't -- won't argue that we should have managed the expectations, and as we got closer and closer to the end of the fiscal year, started saving guess what, Johnny, or Commissioners, the -- because I City afMiam,i Page 72 Printed On 12/10/2012 City Commission Meeting Minutes November 15, 2012 was glowing here not too often one time when I said, you know what, we're going to end the year at 8.5 million to the good, and I was glowing. That was a happy day for me to say that. And it turned out to he much more than that, which brings us to where we are today. And the Administration takes full responsibility for not managing the expectations of this Commission because you make your decisions based on the information that we give you and that's up -- you weigh it and you vote accordingly, and it's based on what we give you and you trust us. But what I will say, unequivocally, that there was no dishonesty involved here. There was no plot. Maybe we were not at our best in our predictions, but we believed in what we were doing and there was no -- zero -- no intent to defraud or mislead anybody, at all, and that will say -- and I don't think it lands on Danny's shoulders only; it lands on all of us on the Administration. I think he's done an excellent joh. This is -- and we're going to, fix this far future -- for the future. We're going to look back at our strategies and come back with a time out of what we know, when we should have known it, and develop a way to manage the expectations of the Commission and have more accurate numbers. And like I said, too much of a good thing in this case was a had thing and the timing of it. Chair Suarez: Thank you. Commissioner Gort: My question is the State, do they do their projections on their revenue on a monthly basis or they do it at the end of the year? How does that work? Mr. Alfonso: The State -- Commissioner Gort: What I'd like to give them the opportunity to explain everything to the unions and to everyone that's here and to all of us what this whole process 'cause I think it's very important. Mr. Alfonso: The state of Florida has a revenue estimating conference that they have normally once, sometimes twice, a year that they use for- their budget process. Now, if you recall, their budget process is a March process. Now we're talking about the '11/'12 fiscal year, which means that that revenue estimate was done in 2011 at some time. Again, we take those numbers that the State provides and we put them into our budget. Our recent experience of past three, four years has heen that the State does give you the money that they said they were going to give you. But when it comes towards the end of the year, if they're short, they give you a call and they tell you you're going to get reduced. If they're over, they do a positive adjustment. But we really don't know that until it gets to the very end. That's your half -cent revenue sharing, et cetera. For the years that things were had, I got pretty used to getting negative adjustments at the end of the year for the -- where turned around, the things are going to other way now. Again, I take full responsibility for the fact that we were very conservative with the numbers, and I did not come out and say our projections are going to be $12 million better on revenue, which $12 million better than we anticipated on revenue. Remember that at some point during the year, we did think the numbers were going to be better because we did a mid year amendment that actually added close to $4 million to our budget. So we thought things were better. In no time did I think in March, April, May, June that we were going to end up $12 million better, okay. I didn't think we were going to have a FEMA adjustment of $3.6 million, all right. So I was looking at FPL (Florida Power & Light) revenues, which don't come in on a regular basis. As late as September, we were still $7 million short on that revenue source. Seven point seven million rolls in on the month of September, and that's a $25 million revenue. So through 11 months, I had received roughly 70 percent of that revenue. Projection wise, I was on the other end when FPL called nie and the County one year and said, "Hey, you know, the franchise fees, not going to be the 20 plus million that you had budgeted. " So call me gun shy, being conservative because I wanted to be sure that the numbers were in. Yes, I take full responsibility for that. I could be more aggressive coming into this year knowing that the economy, perhaps, is turned around and we're unlikely to see the same type of news, you know. I could do that. I serve at the will of the Manager. If my work is not satisfactory, he can let me go and I can go find something else as City afMiami Page 73 Printed On 12/10/2012 City Commission Meeting Minutes November 15, 2012 well. In terms of the timing, Commissioner, that you asked, we work with the budget, start numbers March, April, May. At that time, no way anybody would have come out here and said we're going to he $35 million to the good. I think you might have looked at me and said I was crazy if I'd come up here and said that we're going to be $35 million to the good. So under revenue, it's roughly 10 to 12 million, which is actually about 2 percent of the City's budget, 2 percent, okay. I agree that even 2 percent is unacceptable. I would like to hold myself to a better standard. On the expenditure side, "tally agree that the reserves, we should have, what I call, released them. In other words, said, look, it's already August. We haven't used any of the reserve. It's very likely that in that message, Commissioner, I perhaps should have added another sentence and said, I'm projecting that departmental operations, whatever, will be $8 million to the good. By the way, we still have $16.5 million in reserves that u'e haven't touched and we don't anticipate touching. And that's my mistake. Chair Suarez: Can "just say one thing, which is you just said that the income was only 2 percent, and think we -- this is a minor point. For me, it's just -- the income on our property taxes came in better than expected because we expected it to be -- and I understand -- it's kind of like semantics 'cause you're right. You were talking about -- Mr. Alfonso: Right. Chair Suarez: -- the 95 percent and it didn't meet the 95 percent threshold. Mr. Alfonso: It did not. Chair Suarez: But the way I look at it, it's kind of in the aggregate. Because we look at our trend and we say what do we think we're going to be at? What's our target? And our target was 89 percent. So we budgeted a reserve on the hasis of the 95, which is a statutory threshold, less the reserve to get to 89 percent. So what I'm saying is once the revenue -- 'cause, for me, I look at it as a revenue out -- over performance. Once a revenue is over performing what we thought -- I don't want to use the word budget just not to get too technical -- what we thought was going to happen, I think at that point -- I think from our perspective, being policymakers, we just want to know what's going on, and that's the reason why we have monthly budgetary updates. We have a Int of tough decisions to make. We've had a lot of tough decisions to make since I've been here. And so all we're ask is not to be surprised, you know, not to -- you know, .for there not be these continual crises one after- the other after the other. It just puts a lot of pressure on us. We end up being the backstop to make sure that this government avoids a catastrophe, and it just gets tiring. It gets very, veryfrustrating and that's -- I think that's all that we're asking. That's all I'm asking for and I don't know ifI can speak for everyone when I say that. Mr. Alfonso: 1 agree; the change was too much. Armando Aguilar: Good morning, Commissioners. Armando Aguilar, president, Miami Fraternal Order of Police, 710 Southwest 12 Avenue. I think everybody in this room finds this highly suspect. If they found out they had all this money in August or September when we were still negotiating, if they would have been negotiating in good faith, they would have told us, listen, we made a mistake; there's no financial urgency. We have to negotiate now in good faith and tell you we have this money. They didn't do that. My opinion is this was a well organized scam just to be able to get more from the unions. They violated the law by filing financial urgency and not withdrawing it when they could have and they knew that there was no longer a financial urgency and now, to and behold, just before you vote on the bond, they come up with the $45 million, exactly what the bond is, so their bond ratings will improve. I mean, I don't think there's anybody in this room or in this City that really believes that was just a coincidence. Chair Suarez: Thank you, Mr. --. City afMiam,i Page 74 Printed On 12/10/2012 City Commission Meeting Minutes November 15, 2012 Mr. Aguilar: We are going to be filing something in the courts to be able to reopen negotiations and negotiate in good faith. Chair Suarez: 1 understand. Mr. Aguilar: Thank you. Chair Suarez: Thank you. Mr. Suarez. Robert Suarez: Robert Suarez, Miami Association of Firefighters, 2980 Northwest South River Drive. Commissioners, I think -- obviously you're embarrassed of this situation that this Administration has put you in. I can't tell you enough about the sacrifices that the fire -rescue department has been suffering because of the perceived budget shortfalls we were operating under this year. We have medical equipment we haven't been able to purchase; batteries for medical devices that we haven't been able to purchase that our department has been trying to find grant money, for; vehicles that have been out of service; shortages -- we're short a mechanic because our department is told that the City doesn't have the money to hire another heavy equipment mechanic for ow rescue vehicles and ow trucks; stations that are leaking water through the roof. We have a paramedic truck in Coconut Grove that is out of service because of budget shortfalls. In Overtown we're short a paramedic unit because of budgetary shortfalls. We've shut down our marine operations because of budgetary shortfalls. We've asked the federal government, for money, a grant, applied, for a grant under the argument that we are short money and not able to keep up with our service requirements. We were awarded a federal grant of $3.6 million after telling the federal government we don't have the money to operate at the same level that we used to. This City went in front of our pension board just weeks ago and told the pension board the City didn't have the cash to make its pension obligation. Unable to, unable to make its required obligation on October 1 and hasn't and hasn't made that payment because of a budgetary cash shortfall. You've asked your employees to give back more benefits, give up retirement money because of a budgetary shortfall; that now we're told well, it didn't really exist. It didn't really exist. Not by $4 million or $3 million -- maybe that was something that we can all say, okay, well, we didn't realize the economy was going to come back in September and October like it did -- $45 million dollars. And when you make mistakes of that magnitude, they don't just happen in the good. They don't just happen in the positive. When you lost track of that much money and didn't recognize that -- those patterns, it doesn't just happen in the good. 1t happens in the bad. You don't just -- when you lose money or lose track of money or don't catch cash flows, it doesn't just happen in the positive. And so to tell us now that this is a situation you find yourself in and well, it was an oversight. It was a mistake. It's a $45 million mistake. Now, whether anybody wants to admit that it was a concerted, coordinated conspiracy to deceive or whether it was just oversight, a simple mistake, hut very drastic decisions have been made in this City over the past 90 days based on this information. You've told your employees, we need you to sacrifice for a fourth year deeper than the year before because of the dire crisis that we're in. And the fact is now you're saying or now you're being told, okay, that wasn't the case. And not only was it not the case for last year, we're going to be even better this year than we thought we were going to be. It's clear that the responsibility to get accurate information is not the Commission. Thu receive the information. The Administration obviously didn't provide that to you. We both made decisions based on misinformation. What I'm asking you is to recognize that and, in good faith, direct the Administration to negotiate the impact of this money. We're talking about not only service that has been reduced over the past year under the assumption we didn't have the funds, but services that are continuing to he reduced, retirement benefits that have been reduced because of a perceived shortfall. And I'm asking you to do the right thing, recognize the drastic error that's been made and recognize the sacrifices that your employees have made, the sacrifices the public has made because of this perceived shortfall. Do the right thing. Recognize these revenues that are being told to you now exist and sit down and negotiate with your employees over the impact of that. Thank you. City afMiami Page 75 Printed On 12/10/2012 City Commission Meeting Minutes November 15, 2012 Chair Suarez: Thank you, Mr. Suarez. Mr. Hasten. Anthony Hasten: Anthony Hatten, union president, Local 1907. I reiterate what Mr. Suarez said, Robert. I'd just like to say, general employees, in general, we have bled the most. When it came to the cuts, ire got the deepest cuts. We have -- we're short staffed. We're -- they're not hiring any of our people, the mechanics that work on the police cars, the mechanics that work at the fire garage. And for this to happen is the worst, you know -- to know that the people are working double and they're not getting -- you know, they're working their hardest and to have shortfall where they won't -- I'm sorry -- to -- for the general employees not to have more workers coming in to take the load off them, to fix the police cars, to fix the fire engines, to protect the citizens of the City of -Miami is very low, you know. So I'd just like to have the City Manager look into it and see if the management can do a better job on managing the City so we'll have the true numbers when we have a budget shortfall like we have now -- that we don't have now but -- that's it. Chair Suarez: Thank you, Mr. Hatten. Javier Ortiz: Good morning. Chair Suarez: Good morning. Mr. Ortiz: Javier Ortiz, vice president, Fraternal Order of Police. Financial urgency. Oops, just kidding. We worked so hard to put this union contract together, and I don't really think any of you guys really knew that there was going to he a $45 million surplus because if that was the case, I don't think Commissioner Sarnoff would he asking all his friends and constituents, that we've also been working very hard with, to get us much -needed equipment; bicycles, fingerprint readers. You know, we really, really cut into this last contract when it came to just equipment alone. Yesterday we had a visitor here in the City of Miami at the Boulevard and 18th Street get into a struggle with someone that was breaking into his car, and the first unit that was arriving was in an old car that his siren worked but he had no lights while he's blowing through an intersection thinking that he had emergency equipment, and part of that is because of the lack of equipment that we have. You told us to dig into our pockets, and we did for four consecutive years. And now that times apparently are good and we have $45 million to allocate for other things, I'm asking, just like they did, for you to reopen our contract, to direct the Manager to meet with us and renegotiate our contract. Seeing that the police department had a $4 million surplus, I'm asking for that money to he returned hack to the Chief of Police in order to purchase much -needed emergency equipment as well as lasers. We could have hired more officers by now if we knew that we had more money. We could have had more people working our background units in order to hire more officers. Just two days ago we had a shooting in Coconut Grove at 11:30 in the morning, then we had another shooting after that. And we all want to talk about the good. Crime is going up. The officers that are on the streets are working extremely hard to make things better, but we can't when we don't have the equipment, when we don't have the manpower. We're not asking for raises. We're just asking to he made whole for everything that has been taken from us. Thank you. Chair Suarez: Thank you, Mr. Ortiz. Joe Simmons: Good morning. Joe Simmons, Jr., president of the sanitation workers union, AFSCME American Federation of State, County, and Municipal Employees Local $71. Commissioners, we negotiated in good faith with the City. And with this new surplus that has been realized, we want to negotiate the impact ofthat surplus. We do have a number of vacancies that have been frozen, and 1 know you guys have a -- have to do a balancing act balancing social service needs as well as the needs of the employees. What I would say is that no one knows the future. Nobody anticipated this. So we're here to work with you in partnership, in cooperation. Thank you. City afMianti Page 76 Printed an 12/10/2012 City Commission Meeting Minutes November 15, 2012 Chair Suarez: Thank you, Mr. Simmons. Vice Chair Sarnoff: Mr. Chair. Chair Suarez: Yes. Vice Chair Sarnoff: Not to be a -- not to throw any water in anyone's face, butt did this in 2007, around February, and everybody thought I was completely lost when suggested that thought America was about to hit for the biggest recession we'd ever hit, and then 1 guess 1 was right in 2008. So I'm going to bring you a little -- I'm going to be the bearer of a little hit of had news. If the equity market continues to deteriorate at the rate and pace that it is deteriorating for the past seven days, you're going to he hit with pension obligations that are not $20 million but hack up to the 65 to $70 million obligations as we had been hit during the deterioration of both the 2000 time frame, the 2008 time frame. So while we're all sort of in celebration to some degree, if we are in the least bit prudent, if we're in the least bit of economists, until the equity market stabilizes -- and I know there's a smoothing process, but I know some of you out there went through the smoothing process and understood it takes a long, long time for the equity market to come back. If capital gains does change, you're going to have a lot of people lose -- leaving the equity market that would have been in the equity market. And I would suggest to each and every one of ,you that are on pension, we like to say here that two-thirds of the pension obligation is paid fbr by valuation increases in the equity market, whether it's bonds, whether it's other things, and a third comes out of our general fund. Well, those numbers flip when equity continues in the spiral it's in. And let me tell you something. There is no sign that the equity market is doing anything but faltering. And there is no sign that with the federal issue with regard to capital gains tax, that you will see a further erosion of that equity market. So before anybody backslaps themselves and says attahoy and what a great consideration we have, we're going to he faced, I suspect, with an equity market that could be in the next six months and around -- well, Illjust use a bell with a mark. Dow Jones Industrial could be under 10,000; it could he at 9,000, and that would he a deterioration of almost 34 percent ofyour equities and that will have a profound effect on pensions not only next year, but far the next three years. Chair Suarez: And I'll -- I would give an example that maybe hits a little closer to home as well. You know, we have a new property appraiser, and one of his platform items was to include foreclosures and short sales, which were not previously being included. And I think you know, one of the things -- once I -- to try to he prophylactic about that, to try to be -- to plan for that, I think you and I have had several conversations about it, Danny, and have said, look, I think it's time to reach out to the new property appraiser as quickly as possible to see what kind of an impact that's going to have on our hudget. I mean, we have to -- part of the issue here that I have is two fold. Is -- you know, we've make tough decisions, so that's not the issue. The issue is being informed, being timely informed, and then planning. Our financial integrity ordinance, it doesn't only require us to have reserves; it requires us to have a plan, and we've never in the three years that I've been here produced a plan. Well, I've been approached by the Administration to ask us to extend the number of years without a plan. And what ltold them at the time was look, I refuse to extend the number of years without some sort of significant plan. And so 1 think part of the problem here and part of the frustration by the employees is, you know, just be straight with us, you know. If we're going to have a reserve, be straight with us, you know. If that's what the -- the way the Administration and the Commission wants to go, be straight with us. If our plan is to share in some sort of the benefit when we go forward, be straight with us; let's have a plan to share in that benefit and move forward to restoring our financial integrity. You know, the auditor general just issued a report that said that we are violating, I think 9 out of the 13 principles, something in that -- 8 out of 12, 9 out 13 . There you go, 9 out of 13, 8 out of 12. I can't remember exactly which one, but -- and we've been a concurrent violator of those principles. Now, I know that our position is we're going to be in compliance with, I think, you know, eight out of -- or seven out of the nine or six out of the nine, City afMiami Page 77 Printed Of) 12/10/2012 City Commission Meeting Minutes November 15, 2012 or whatever. But the fact of the matter is the ones that I'm most concerned about is having a plan to restore our reserves, notjust kind of looking into reserves. And I think, you know, part of having creditability when you negotiate with your employees is being honest with them, being straight with them and saying, you know, we see these trends developing, and you know, we're trying to he -- we're trying to plan in good faith and, you know, these are the decisions that we're going to have to make so we can all get to a good place, and I haven't seen that happen in the last three years that I've been here, and it's been an increasing source of frustration for me. I think I've let everyone in the Administration know that it's been increasing source of frustration. I'm notjust coming out here and, you know, being critical, you know. And I have suggestions on how to do it. So if you all want to, you know, talk about putting together a plan, 1 have no problem sitting with the Administration and developing a plan that'll get us to financial health within the time frame that the statute requires, and I think that there is an ability to do that, but I think it also requires credibility. It also requires having good relationship with your employees. It requires a lot of things that right now are not present unfortunately. Yes, Commissioner. Commissioner Gort: I think it'll be very importantfor the Administration to sit down with the union and talk to them and go through the whole process. At the same time, this revenue that we arrive, which is $11 million, are those reoccurring revenues? Because a lot of that conies out of sales tax, comes out of the taxes that they might he higher next year, but they might be lower next year. So I think it's very important to -- of this revenues, how much is reoccurring revenues and how sure can we get it, once again, at the same amount. As Commissioner Sarnoff stated, the market's not doing that well. For the last -- it went from 13 something to --1 don't know what it is today, but it was down to 25 something. That's going to affect all the pension plans that we have and the liabilities going to increase (UNINTELLIGIBLE). Vice Chair Sarnoff: It's 66 as we speak. Commissioner Gort: But I think it's very important that we sit down with the union. 1 don't believe this is a conspiracy that was take place. I don't think Danny -- you done a great job in here, but you need to sit down with them and go over all the steps and all the numbers and when they were -- you found out the information, and I think that's very important not only for us but for everyone to understand because people are talking about $45 million. Is it true, $45 million? Let's really find out what the true amount is and how we arrive to that amount. Chair Suarez: And I just want to say that you're right. Danny, Janice, and the Manager have been working tirelessly the last few days to try to make sense out of this and, you know -- and what concerns me is we -- you shouldn't have to he doing that. You know, we shouldn't he in a situation where we're constantly pushing you guys to work weekends, you know, 12-, 14-, 16-hour days. It's not healthy, you know. It's not healthy for this government. It's not healthy for you. It's not healthy for your families. It's not healthy for me and my family, 1 could tell you that much, to live under, you know, the kind of stress that, you know, we've been continually put under by the Administration on item after item after item this year. And, you know, it's -- you know, it's something that we need to change. Yes, of course. Mr. Alfonso: Commissioner, again, I take full responsibility for the numbers. They are what they are. 1 can say fairly unequivocally at this point that the numbers are what they are. We will have a surplus. However, the newspaper got it wrong and many people keep saying 45. It's not 45. Read the figures. Read the footnotes. We know for sure that $3 million has been submitted and not posted. The 45 is going to he 42. Historically, we have accrued 4, 5, $6 million in expenditures or liabilities that are to come when the audit is done. So stop with the 45. It's not 45, okay. Still, 37, 36 is still a hig number, I agree, for the record. The revenue variance -- Commissioner Gort made a very good point -- is it a recurring revenue change? The fiscal year '12/13 budget is $503 million. The prior year budget was 484. So there is -- we did put into this budget an increase. We did put into this budget money for police cars that we didn't put in the year before. We're buying $3.2 million in police cars, okay. We did put a million dollars in City afMianti Page 78 Printed an 12/10/2012 City Commission Meeting Minutes November 15, 2012 CDBG (Community Development Block Grant) to buy fire equipment. We did take money from that grant that allowed us to take some cash and put it to capital in the fire department. So is the revenue recurring? That's something that, you know what, at the end of '12/'13, the year that we're in right now, if we have another 16 to $20 million or $25 million surplus in operations, then, as we negotiate '13/'14, we can talk about what we do. But the Commissioner made -- Sarno f made a very good point. We're anticipating right now a 12.5, 12.9 percent increase in the pension requirement for fiscal year '12/'13. And I remember standing here and being asked, "Are you sure, because we have a two-year contract?" `And when you come backfor '13/'14, you hetter he darn sure that you're not going to say we got to break this contract 'cause we don't have enough money." And if the equity markets take a -- go south, if the equity markets go south, as the Commissioner started, it may not he in '13/'14 because the numbers far that will be based on September 30 when we still had a good market number. But in the last week, I think we've gone down a thousand points. That's like an 8 percent change to -- Vice Chair Sarnoff. Wish it was only a thousand. Mr. Alfonso: I'm sorry? Vice Chair Sarnoff: I wish it was only a thousand. Mr. Alfonso: Okay, I'm not watching my 401K. Maybe I should look at it closer. Commissioner Gort: I don't even look at it. Mr. Alfonso: So, you know what, in '14/'15 they might be coming hack actuarially and saving we had a horrible year in '13 and we need more money. So, yes, again, it's great to have the extra money. We're still not at the required number by our fiscal integrity ordinance. We can certainly look at what we may be able to do with that money, but whatever it is that we decide, 1 urge this Commission to do something that is not recurring because until we are sure what the level of revenue is over a longer period of time, we're just not going to know. Pension costs -- and you know, I want to say fiscal urgency was declared based on fiscal year '12/'13 expected revenue versus expected expense. We knew that the '12, we were going to have a surplus. The surplus in '12, we also knew, was going to he not impacting the '12/'13 because of the fiscal integrity ordinance requirement. No way did 1 think 1 was going to have $90 million in surplus, okay, and in fact, we didn't. I agree that perhaps the Commission could have had that information and say, you know, let's not be so tight about it. We're in violation of the ordinance. Let's continue to be in violation of the ordinance and use some of that money for some one-time expense. That is the decision of the Commission. And I fully understand that not having that information has caused grief and I take full responsibility. We did do no furloughs for this year. Fiscal '12/'13, we had no furloughs. We had furloughs in fiscal year '12. AFSCME employees were paying 13 percent towards their pension. Now they're paying 10. So they are some things that we did. You know, what can I say? The number's wrong. There's no excuse and -- Mr. Martinez: I think, Danny, the point's -- Chair Suarez: Yeah. Mr. Martinez: -- well taken. The point is we need to be careful of what we restore and whether it's recurring or not. But the bottom line is, you know, we did not deliver the projections when we should have and -- Mr. Alfonso: 1 agree. Mr. Martinez: --just leave it at that for now. City afMiami Page 79 Printed 0, 12/10/2012 City Commission Meeting Minutes November 15, 2012 DI.1 12-01270 City Commission Chair Suarez: Yeah. I think we should take a recess for lunch. But I just want to say that, you know, it's not the Commission that has been violating the financial integrity ordinance. It's the Commission that has been waiting for the Administration to put together a plan to comply with the financial integrity ordinance -- Mr. Martinez: Agree. Chair Suarez: -- number one. And number two, I would like to work with the City Manager to put together such a plan. Mr. Martinez: Yes. Chair Suarez: Okay? Mr. Martinez: And I accept your offer to give us ideas -- Chair Suarez: Thank you. Mr. Martinez: -- on how to do that. Chair Suarez: I think that's our obligation. It's never heen advanced by the Administration. In fact, the only thing that's ever been advanced by the Administration is that we extend the number of years without a plan and that -- and you were not here. You were not the Manager. You were not the Budget director. You were not the CFO when that happened. Mr. Martinez: But I do remember it. Mr. Alfonso: 1 agree. And if 1 said that, 1 misspoke. 1 meant, the City has been in violation -- Chair Suarez: I understand. Mr. Alfonso: -- and not the Commission. Chair Suarez: And 1 think it's important because we've done everything we can to maintain the financial integrity of this government, making very, very difficult decisions. And so I think that it's -- you know, I think it's important the way that we phrase things. We'll stand in recess -- END OF BUDGET DISCUSSION ITEMS DISCUSSION ITEM UPDATE REGARDING THE HIRING OF THE CITY CLERK. 12-01270 Cover Page.pdf 12-01270 Todd B. Hannon Resume.pdf 12-01270 Dwight S. Danie Resume.pdf 12-01270 Pamela L. Latimore Resume.pdf DISCUSSED Chair Suarez: I know one of yours, Commissioner, I think, was a time certain. Vice Chair Sarnoff: You know what, I'll yield the time certain. I'll just go for -- City of Miami Page 80 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Chair Suarez: Whatever you -- I don't know if there's any other -- All right, DI]. It's the update on the hiring of the Clerk. I think we're set to make a decision at the next Commission meeting, if I'm not mistaken. 1 think we agreed that we were going to limit it to three applicants, which are the two that were an the A hand that currently work in the Clerk's office and one who, formerly worked in the Clerk's office that's on the A band, Pamela -- Beverly Pruitt (Director, Human Resources): Latimore. Chair Suarez: -- Latimore. You know, obviously, we have to take -- and I apologize to the two candidates that are here who did make appointments to see me and I hadn't -- because of other extraneous matters that we're dealing with today, wasn't able to meet with them, even though I have met them and known them for a while. I'm assuming that it'll he the same similar ballot just like we did with the audit general. Is there someone that can compile the information that's not one of ,you two so there's not --? Dwight S. Dania (City Clerk): Yes. We can have somebody do that, yes. Chair Suarez: Okay. I think that would be appropriate -- Mr. Danie: As long as -- it's okay in our office, though, right? Chair Suarez: Yeah, yeah, yeah. Mr. Danie: Okay. Chair Suarez: I just think it's appropriate -- it would he appropriate that neither one -- Mr. Danie: Someone else handles it, correct. Chair Suarez: Right. So -- I mean, I think that's it. Does anyone else have anything to add on that issue? Yes, please. Ms. Pruitt: Just -- Beverly Pruitt, Human Resources director. Just to clarify, do you need any contact made to the outside candidate regarding -- Chair Suarez: I would -- Ms. Pruitt: -- the process? Chair Suarez: Yeah. Just let that person know. Ms. Pruitt: And is that person to contact the Commissioners -- Chair Suarez: Yes. Ms. Pruitt: -- for an interview? Chair Suarez: Yes. Ms. Pruitt: Directly? Chair Suarez: Yes. Ms. Pruitt: Okay. City of Miami Page 81 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Chair Suarez: I mean, they -- Ms. Pruitt: We will advise her to do that. Chair Suarez: Please do. Ms. Pruitt: All right. Chair Suarez: Please let her know. Yeah, she's in the top three and that, you know, the Connnission will take this opportunity between now and December to meet with all the candidates, to rank them in the top three. Ms. Pruitt: All right. Chair Suarez: Okay. Ms. Pruitt: Thank you. Chair Suarez: Thank you. DI.2 DISCUSSION ITEM 12-00657 DISCUSSION CONCERNING THE CITY'S ADOPTION OF ATICKET POLICY UNDER WHICH PUBLIC, COMMUNITY BENEFITS, OR COMPLIMENTARY TICKETS OBTAINED THROUGH CONTRACTUAL NEGOTIATION OR OTHER EXERCISE OF PUBLIC AUTHORITY MAY BE DISTRIBUTED FOR ANY PERMISSIBLE PUBLIC PURPOSE, CONSISTENT WITH THE GUIDELINES PROVIDED BY THE MIAMI-DADE COUNTY COMMISSION ON ETHICS AND PUBLIC TRUST. 12-00657 Summary Form.pdf 12-00657 Memo - Citywide Ticket Policy.pdf 12-00657 Memos - Miami -Dade County 10-11-12.pdf 12-00657 Backup Information 06/28/12.pdf SPONSORS: OFFICE OF THE CITY MANAGER OFFICE OF THE CITY ATTORNEY Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones DI.3 12-01074 Office of Management and Budget Note for the Record: Item DI. 2 was deferred to the January 10, 2013 Commission Meeting. DISCUSSION ITEM DISCUSSION REGARDING THE ALLOCATION OF SPECIAL EVENTS FUNDS FOR FY 2012-13. 12-01074 Summary Form.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. City of Miami Page 82 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Votes: Ayes: 5 - Commissioners) Gort, Sarnoff, Carollo, Suarez and Spence -Jones DI.4 12-01207 Department of Police DISCUSSION ITEM DISCUSSION REGARDING A DETAILED REPORT ON INDIVIDUALS ARRESTED FOR SHOOTINGS TO INCLUDE THEIR CRIMINAL STATUS, JUDGE HEARING CASE, AND OUTCOME OF CASE PER DIRECTIVE ON SEPTEMBER 27, 2012. 12-01207 Summary Form.pdf 12-01207 Report - Dist.5 Shooting Arrests.pdf DISCUSSED Direction by Vice Chair Sarnoff to the Administration for the Police Chief to present an updated report to the City Commission at the January 24, 2013 City Commission meeting, of the individuals arrested for shootings in the City; further directing that five more individuals are added to the list, to include at least two or three that have been charged with murder. Direction by Commissioner Spence -Jones to the Administration for the Police Chief to provide a report to the City Commission at the January 24, 2013, City Commission meeting, on the programs available to rehabilitate offenders under the age of 18. Chair Suarez: DI.4, update on individuals arrested for shootings. Chief Police Chief Manuel Orosa: Good afternoon, Commissioners. I -- as instructed before, I submitted the package to all of you. I don't know if you've had a chance to review it. And I hope this is what you needed, Commissioner. Vice Chair Sarnoff: I didn't -- Chief I'll he candid. I didn't see it, so I'd like to hear the report. Chief Orosa: Okay. Basically, what you asked me is to pickfive of. the recent shootings in which we made arrests and basically, track it until the case gets settled. I picked five, and as soon as I picked five, I realized that one had been settled already when the victim failed to show up to court three times, so the case was dismissed by the State Attorney's Office. So I left that one there and I added one more. So you have five that we're tracking and the one that is already closed. The -- for the most part, we made -- on the five, we've made arrests and it's just waiting different soundings and hearings in court. Vice Chair Sarnoff: Could you, instead of painting with such a thin brush, just give us an idea of where the shooting happened, what happened? Just give us some background. Chief Orosa: Okay. Vice Chair Sarnoff I haven't read it so. Chief Orosa: All right. Let nie start with the first one. The first one is the shooting that happened in Gibson Park. It happened on September 7. We identified the subject a couple of days right after that and we made the arrest. We arrested him September 27. And basically, we are awaiting -- we charged him with attempted murder, possession of a firearm by a convicted felon, probation violation and cocaine. It's under Judge Fajardo. The case was arraigned on 10/18, and we are now awaiting further steps in the judicial process. City of Miami Page 83 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Vice Chair Sarnoff: Is he still incarcerated? ChiefOrnsa: Yes, he is. Tice Chair Sarnoff • All right, so has a trial date been set? Chief Orosa: No, it has not. Vice Chair Sarnoff. Okay. Chief Orosa: No. Vice Chair Sarnoff: Any reason we're not using names? You're not comfortable using names? Chief °rasa: The what? Tice Chair Sarnoff • You're not using names. Is there any reason? Chief Orosa: No. I can give you the name. The individual we arrested is Jamar Anton Jordan. Vice Chair Sarnoff: Okay. Chief Orasa: Date of birth, September 9, '92. Vice Chair Sarnoff: Okay. What's the next one? What's the --? Chief Orosa: The next one is an individual by the name of Clarence Haynes; date of birth, 4/5/98. The incident occurred May 18. We arrested him May 25. And it's a shooting that occurred at Northwest 5th Avenue and 19th Street. That one, when we arrived, reference a male shot, we found the male bleeding, a gunshot wound. Fire -Rescue transported to JMH (Jackson Memorial Hospital); wasn't critical, but he has recovered. Officers on the scene -- a witness came up and told us who -- an individual did the shooting. The defendant stood over the victim and shot him a few more times. That witness yelled to stop and the defendant ran. We were able to identify him. Again, he's under Judge Fajardo. The State attorney is Tanya Earley. He was a juvenile and it was transferred out of juvenile back to circuit court and he's going to he adjudicated as an adult. The case was filed as an adult on 6/15 and is scheduled to go to trial on the 26th of this month, and it's a first -degree attempted murder charge. Commissioner Spence -Jones: I guess you're going through each one of these cases. Tice Chair Sarnoff • I just want to track them. I'm just curious on these violent shootings what happens to these guys. Commissioner Spence -Jones: Yeah. This is what's so amazing to me -- I'm sorry for interrupting. Tice Chair Sarnoff • No, that's fine. Commissioner Spence -Jones: I mean, I'mjust looking at the first kid, which is Jordan, Jamar Anton. Okay, if look at 2009, from 2009 -- really, starting from 20(76 to 2009, every case he's had, battery, trespassing, cocaine sales, cocaine trafficking, heroin sales, armed trafficking, all these cases were dropped. It's almost like a natural progression. It's like, okay, I've done all these things and I've never gotten caught, so now we've elevated to attempted murder in 2012. I mean, if this -- I mean -- City of Miami Page 84 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Commissioner Gort: I'm sorry. He got caught, but he got away. Commissioner Spence -Jones: No. What my point is, 2009, I'm looking at seven cases or charges being dropped in 2009. Before he even picked up a gun to shoot anybody or to attempt to kill anybody, he had seven -- excuse me, wait -- one, two, three, four five, six, seven, eight, nine, ten, eleven, twelve -- twelve cases dropped. So -- and the progression -- you know, all these little things that lead to, you know, someone being shot and killed or at least attempted to he killed. I mean, I'm not making -- that's not the police's fault because I'm assuming you've charged him. So then the question becomes, who's dropping them. Vice Chair Sarnoff • Commissioner, have you ever spent a day in circuit court? If you haven't, I can get a judge to let you sit right next to the judge. You will hear something called has the defendant and the public defender and the prosecutor gotten together. And then you will hear the next word will he, yes, we have. And what is your plea? We're going to plea to withhold and we're going to have a withhold adjudication. So essentially, you know how you have the three strike law, three strikes you're out? Well, what the judge has done is prevented them from. even getting up to bat because once you withhold adjudication, it's like you said case dismissed. Commissioner Spence -Jones: Yeah. And this is a great report because it shows how the individual has now elevated to a higher crime. I mean, this shows you what it is. And I'm not really understanding -- I'm assuming if it's the state and public defender -- I mean, if the -- before the case gets dropped, are we then, you know, referring these young -- 'cause this is a young person. This is a younger kid actually, the first one. Is he being referred to a program to participate in? What are we doing to stop it from happening? Chief Orosa: In most of these cases, like 206 [sic] through 209 [sic], he was probably a juvenile and they worked some type of a program into him, some rehabilitation program, and that's when the cases were dropped. As he progresses -- for example, the one with the burglary, that could be that the owner never showed up, the victim of the burglary, and -- Commissioner Spence -Jones: Can -- not cutting you off, Chief -- Chief °rasa: Sure. Commissioner Spence -Jones: -- because I don't want to deal with, you know, the probablies [sic]. If you can, you know, just give me a little bit more de -- I'm sorry for interrupting you, Commissioner Sarnoff: I would just want to know like what actually happened. This shows the cases dropped -- Chief Orosa: Okay. Commissioner Spence -Jones: -- but before it got dropped, did he do community service? Did he --? What did he do in between this? Was there any counseling? Was there something going on with this kid first to have him -- and three years later, now pick up a gun, you know? I mean, what happened in between there? Chief Orosa: Commissioner, what I'll do is I'll have my people go to the Clerk's office and pull the disposition form and see exactly what happened to that particular case, the rationale behind the dropping it or not. And then I will present -- next month, I'll present an updated report with the information. But fbr example, if ,you go to the robbery by sudden snatch, you see that right underneath it it says dropped and then two-year probation. That was probably some type of deal worked out where they'll drop the possession and he pleads to the cocaine sale and he got two-year probation. But I will give you all the details -- Commissioner Spence -Jones: Yeah. City of Miami Page 85 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Chief Orosa: -- when we return. Commissioner Spence -Jones: 1 mean, it's obvious when you read this that, you know -- 1 mean, the last thing that you could remotely do in crime is, you know, take somebody's life. And quite frankly, these individuals are on that path. And somewhere along the way, something should have happened to stop it. And I'm not making police responsible for -- 'cause -- Chief Orosa: No, no. I know. Commissioner Spence -Jones: -- quite frankly, you're doing your jobs by getting them off the streets. But if you go through all of this work and then you get all the way to the point where you can really make an impact and the cases are being dropped but nothing's really happening to prevent them from going back into the same, you know, gang, then what are we doing this for? Chief Orosa: There's something missing in the whole system. I gotcha. And Commissioner, what I'll do also is that every month I will leave the report as is and then put an update at the bottom of each one. Vice Chair Sarnoff: Can you just go through --? Mr. Haynes is very young, so I don't know if it worth going through him. But could you just give us three, four, and five and tell us who you're tracking. 1 want to know the judges. And by the way, 1 may do this every six weeks because I've been studying this now for six years. I know how we're all up here and we're all talking law and order and we're going to put more cops on the street, and yeah, we're tough on this and tough on that. But the bottom line is, you can he arrested in Dade County 40, 50 times -- that's the average I think that Frank Fernandez told me -- before you ever serve any real time. If you're curious what that number is north of Palm Beach, it is one time. If you're curious what that number is in Palm Beach, it is four times. If you're curious what that number is in Broward County, it is approximately seven times. Do you see a correlation? As you come further south, you can commit, recommit, recommit -- if you'd like me to say that 30 more times, I could -- until you start seeing real time. So, Chief, just go through three and four and just give us their names. And if fit happens to be a person that's not a juvenile, I'd like to know what their previous -- previously arrested 13 times, 40 times, 50. Chief Orosa: Okay. The -- number three is Kelvin Brown. He did a shooting at 1502 Northwest 60th Street on 8/8/12. We arrested him on September 1 for first -degree attempted murder, possession of a firearm by a convicted felon. Vice Chair Sarnoff. Was Kelvin new to the system? Chief Orosa: Oh, no. He goes back since '95, where he was arrested for possession of marijuana, six months probation. Then he was arrested for agg (aggravated) assault with a gun. That was dropped. Then carrying a concealed firearm, another two-year probation. Then other arrests, and then in 211 [sic], he was convicted of cocaine sale and cocaine possession. It was dropped, so it looks like a plea deal there. And then marijuana; marijuana was dropped, another plea deal there. That is six months after the other one. And basically, what he did was there was an argument between an individual and a store manager. He joined into the argument and the store manager basically said, Leave me alone. Get out of here. He became irate. He left the store, came back with a gun and shot the victim in the abdomen several times. So this is Vice Chair Sarnoff: And the victim survived? Chief Orosa: Yes. This appeared to be an argument, anger, comes hack and shoots the guy, nothing about dealing drugs or anything like that. City of Miami Page 86 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Vice Chair Sarnoff: And when is he scheduled to go to trial? Chief Orosa: Okay. The judge is Stacy Glick. The state attorney is Jennifer Kolken [sic]. Sounding is January 10 of next year and it's set for trial January 22 of next year. Vice Chair Sarnoff: Okay, thank you. What's number four? Chief Orosa: Number four. Gregory Allen Johnson. He did the shooting on May 12 of this year. We arrested him June 18 of this year at 7711 Northwest 4th Avenue. That's the location of the shooting. We arrested him for first -degree attempted murder, aggravated battery, aggravated assault, attempted armed burglary. Vice Chair Sarnoff: Is Mr. Johnson new to the system? Chief Orosa: Nope. His arrests date back to '99, where he got ten-month probation for grand theft, then in 2000, another ten-month probation for battery; in 2000, a year probation for- lewd and lascivious. Then the other ones were nolle pros and some of them were dropped in 2010, which is basically marijuana and disorderly type of arrests. Vice Chair Sarnoff: How'd he do in 2011? Chief Orosa: We don't show anything in 2011. He became involved in an argument over rent money. Hit the victim -- went to collect rent money and hit the victim -- didn't have the rent money. Hit the victim in the face multiple times with a gun and then began kicking her and said that, You better have the money next time. And before he left, decided to shoot the victim. Vice Chair Sarnoff: And number, five? Chief Orosa: Number five is Ronald James. He did the shooting at 17th Avenue and Northwest 44 Street on September 8 of this year. We arrested him on -- a month after, October 9. Mr. James is under Judge Migna Sanchez-Llorens, State Attorney Kathy Sagesse. Arraignment is for January 30. Attempted murder is the charge, and he has a prior arrest of shoplifting, cocaine sale and possession, two-year probation, and then there's another one that didn't show up in the computerized record for cocaine sale as well. He was at a lounge -- standing near a lounge when he punched the victim and two other men jumped in also hitting the victim. Then the defendant took out a gun and shot the victim as well. So this appears to be also one of those anger type of situations. Vice Chair Sarnoff: Chief, would you come back to us in the second meeting in January and update us on the stats? Chief Orosa: Sure. I have already instructed that every month this will be updated, will be submitted to you all through the Manager's office. And I'll he here, call me up and -- so we don't have to put it in the agenda. We can just discuss it at will. Vice Chair Sarnoff • Oh, I actually want to put it on the agenda for the second meeting in January. Chief Orosa: Sure. Vice Chair Sarnoff: But I'm going to ask you to do one other thing. I want you to pick five more people. I'd like to have at least a sampling of two or three people charged with murder. And I'd like you to highlight for the Commissioner in plain English -- don't do the withholds -- what happened to them in the past, so they can see the progression of a criminal -- City of Miami Page 87 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Chief Orosa: Okay. Vice Chair Sarnoff: -- alleged criminal, excuse me. Chief Orosa: So you want me to have a -- well, you got six. You want me to add like four for murder? Vice Chair Sarnoff: If you could. I'd just like to see how we progress. I want to make sure we know who the judges are and we want to see the deals that are cut. Chief Orosa: Okay. Vice Chair Sarnoff: Thanks, Chief: I appreciate that. Chair Suarez: Commissioner. Commissioner Gort: I don't know if you have the information with you, but can you give us, more or less, the percentage of crime committed by the career criminals? Of all the crimes, how many -- what's the percentage committed by career criminals? Chief Orosa: Oh, there's a study that was made a few years ago that -- the bottom line is that 80 percent of the crimes are committed by 20 percent of the criminals. Commissioner Gort: Okay. The second question is my understanding is there's the state law that if you are caught or convicted with a gun -- a criminal act with a gun, you automatically get ten years. The second time, you get an additional years, and then third time for life. Is that still on? Chief Orosa: The three -strike rule, yeah. That -- Vice Chair Sarnoff: Ten, twenty, life. Commissioner Carollo: Ten, ti-venty, life. Chief Orosa: -- Commissioner, that's still on, but Pin quite sure there is ways around it and -- Vice Chair Sarnoff: You have to he convicted -- Chief (Jima: Right. Vice Chair Sarnoff • -- Commissioner. Withhold adjudication -- Remember, this is what Pm trying to explain to you guys. You think they're up to hat. You think they swing and they miss and that's a strike, and that's strike one, so that's ten years. You think that the second time is strike two, is 20 years. What happens is, when you say withhold adjudication, it means they never got up to hat. It never happened. Chair Suarez: Thank you, Chief. Commissioner Spence -Jones: The only thing I -- comment that I want to make -- I think both of the things that they're requesting are great things and that should be shared with us 'cause it shows you, you knoi-v, a whole different perspective. I would like to know, Chief you know, when you're bringing back the information, you know, what resolutions or what things were put in place with these individuals. Were they involved in a program? What actually happened to them in between? It's just important for us to know that. I mean, to me, a 15-year-old boy picking up the -- deciding to pick up a gun to shoot someone, you know, there had to be warning signs. I City of Miami Page 88 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 D1.1 12-01283 mean, the -- first of all, 12 charges prior to this is a serious warning sign. So in the midst of all this, I just would like to know what other things were being offered at that particular time in order to detour this kid or to get him hack on the right track. That's really important. Honestly, I'm really more concerned about the young people, people younger than 18 years old being involved in this kind of activity. Quite frankly, that's where I'm seeing a greater number of shootings take place in my district and that's why I'm trying to create initiatives to get kids involved in something positive so they can say no to all the other negative stuff: But I would like to see the in-between stuff: I mean, Commissioner Sarnoff has asked forjust in general -- or I guess I'm assuming certain crimes that have taken place. I would really like my focus to he more on the juveniles that are not being addressed properly because, quite frankly, they become the career criminals, you know, in the end. So if we can, I would like to see those numbers. Chief Orosa: And we will do that, Commissioner. These individuals that are on the list, we will get dispositions as to why certain cases were nolle pros or dropped -- Commissioner Spence -Jones: Yeah. Chief Orosa: -- and to show that either witnesses didn't show up or they were given diversionary programs to do something else. Programs are great if it puts something in the head of the individual. If not, we lose that individual as a young child. So I'm just afraid that we're losing a whole generation of young adults nut there that there is no way to get inside their heads to straighten them out. Commissioner Spence -Jones: Okay. Well, I'd definitely like to have that. Thank you. Chief Orosa: Sure. Chair Suarez: Thank you, Chief. Chief Orosa: Thank you. END OF DISCUSSION ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT DISCUSSION ITEM DISCUSSION REGARDING TRUCK TRAFFIC IN DISTRICT 1 AND WAYS TO AMELIORATE THEIR IMPACT ON THE ROADS AND THE QUALITY OF LIFE OF OUR RESIDENTS. 12-01283 Email - Truck Traffic.pdf DISCUSSED City of Miami Page 89 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Commissioner Gort: Now following the truck, the biggest problem that we have, a lot of the big wheelers, whatever you call them, the 18-wheelers, they don't want to pay the toll on 12th Avenue, so they get off on 27th Avenue. They go to 20th Street, and then they go riding through our neighborhoods to get to South River Drive and go all the way to the 12th Avenue so they don't have to pay. We having a problem. We finally convinced the County, after working with the County for quite a few -- to put up signs, no trucks allowed. And I'm talking about between 23rd Avenue all the way to 22nd Avenue. It's all residential in there. And there should not he -- and the majors -- we got the major trucks going in there, the 18-wheelers. We got the trucks from WASA (Water and Sewer Authority) going in there, and that -- he can show you the -- he's got all the complaints of all the repairs that we need to do on 20th Street and in those avenue. Illy understanding is, the signs already been going up. They're already up, No Trucks Allowed, but we need enforcement in there to make sure they discontinue to do that. So, Chief, this is mainly -- and by the way, you know, a lot of those trucks are -- I'm pretty sure they're kind of heavy, so I don't know that taskfnrce that we had that they were going to he after the trucks and check the weights and see if.they're in compliance. Police Chief Manuel Orosa: We -- we're going to he enforcing the new "No Thru Truck" signs, and we'll take a look at the weight as well. But for the easy spot is just to start writing them up for the "No Thru Trucks" and they'll disappear. Commissioner Gort: Once they start talking to each other, they'll quit using those routes. Chief Orosa: Yes, sir. D1.2 DISCUSSION ITEM 12-01284 DISCUSSION REGARDING THE PLANS FROM THE ADMINISTRATION AS TO THE DEPARTURE OF NUMEROUS EMPLOYEES AS THE RESULT OF THE DROP. 12-01284 Email - Senior & Key Personnel Chart.pdf DISCUSSED Direction by Commissioner Gort to the Administration to develop a succession plan for replacing department directors and employees scheduled to retire within the next two years as a result of the Deferred Retirement Option Plan (DROP) and report back to the City Commission. Commissioner Gort: Okay, D1.2. This is the discussion regarding the plans from the Administration to the departure of numerous employees as the result of the DROP (Deferred Retirement Option Plan). We're going to have, my understanding is, within 2013-2014, over 432 individuals leaving the City because of the DROP. People here have been talking about the hiring. We have opening. We can't get people to work. So the Administration needs to work on that. If you look at -- and you have in your charts with you the backup material of all the people and the directors that they going to be leaving. The Law Department, you have the three main people going on the -- next year, 9/27/93. Now at the same time, I think we need to -- I've always stated that I'd like to see promotion within the department. I'd like to see Administration coming up with a plan, what are we going to do in order to continue and make sure that we have succession plan where we can train the personnel so we can keep the history of the place, and it's very important that we look at this. I mean, we not discussing this. This is going to happen next year and the following year and we need to start taking courses right now. We need to start taking action now, and this is something we've been discussing for quite a bit now. So I'd like for the Administration to come back and the succession plan follow the directors, department directors and all the departments, who are we going to train and who's going to take over when those people leave. One of the biggest problem I have, every time you call or you send an e-mail City of Miami Page 90 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 D1.3 12-01285 (electronic) requesting certain service, they can come hack to you and says we can't do it. What do you mean, you can't do it? Well, the person that does that is on a vacation. There's nobody else to do the joh. I think that should not he happening in the City of Miami. Johnny Martinez (City Manager): Commissioner, we -- you're absolutely on point. We've already been having internal meetings to identify the critical positions that may need to -- that we may need to hire early and have a little hit of an overlap so we don't lose that institutional knowledge or that knowledge that the person has. Personnel -- the department or hiring department, we're going to heelup and give them more people or more bodies to help process the applications and do the searches and things like that. So we've had several internal meetings and we are corning up with a plan. Police is corning up with a plan; Fire's coming up with a plan; our GESE (General Employees Sanitation Employees) people are corning up with a plan; our Sanitation people are coming up with a plan to address exactly what you just mentioned. Commissioner Gort: Let me ask you -- one of the things I requested, I'd like a report -- we had a couple of meetings on the Labor Relation Committee with the unions and staff and some of the personnel and my question to them is, let us know what the problem is. How do you think --? Give us idea because they're the ones that can give you suggestions of what changes we need to be made. There's a lot of changes that we need to make with the codes. I mean, my understanding is, we have a problem where we have a hid goes out, an RFP (Request for Proposals) for a hid, and because of ordinance, we have to give them. 30 days for them to answer. 1 think a lot -- not all the bids need 30 days. So this is something we need to look into because it takes too long to get anything accomplished in here and I think we need to expedite some of these things. Anthony Hasten: I just want to add -- Anthony Hasten, union president of Local 1907. I just want to add, time is o f the essence here because we're going to lose 100 in 2013, and we're going to lose 252 in 2014. So we need to start bringing some people in and teaching them the jobs in order for us to run efficient. As we are -- you know, right now we're not running as efficient, but if we lose these people in the -- you know, some can walk out at any time. So I want to keep the efficiency up that we have now or it's just going to get worse. Commissioner Gort: You have 432 people within the next two years. DISCUSSION ITEM DISCUSSION OF CHILDREN AND FAMILY SERVICES AND THE CITY'S ASSISTANCE BEING PROVIDED THROUGH THE NET OFFICES TO THE RESIDENTS IN AN EFFORT TO EASE CHILDREN AND FAMILY TRANSITION OUT OF THE CITY. 12-01285 Email - Children & Family Srvcs. Transition.pdf DISCUSSED Commissioner Gort: My last, D1.3 [sicj, and 1 quit, I'll get out of here and I'll let you guys go home. You have a resolution that we passed with the Children's -- what do you call them? The Family and Children have several office throughout the City of Miami. They have closed all of the offices. We have one office that was on 27th Avenue and 13th Street, and that office provided service to a lot of the residents in the City of Miami. We all know the need of the people within the residents of the City al Miami, and I think that we -- we asked the resolution -- we talked to some of the legislators not to close that office. My understanding 1 met with some of the people from the State, they are closing the office or they're scaling it down. What are they doing is they're asking the individuals to use the computers and you all are aware that a lot of the people that reside in my district are not computer knowledge. They cannot do it. So the alternative is City of Miami Page 91 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 D1.4 12-01293 that they can go to the clinic, so they have set up certain volunteer individuals, which is private sector clinics or home health agency or whatever the agencies are and they will go there and obtain the services from those individuals. My understanding is, also they approached the City of Miami and see if our NET (Neighborhood Enhancement Team) office would do some of the work. And I've met with them. My understanding is the NET office is not going to be doing that work, but they're going to refer people to the places where they should go. And I have a problem with them closing that office, and we passed a resolution requesting not to close that office. Commissioner Spence -Jones: Administration. Haydee Wheeler: Good evening, Commissioners. Haydee Wheeler, director of NET Commissioner, as we discussed -- and thank you for allowing me to clarify this with the rest of the Commissioners -- the NET office has been doing assistance for social services for the past five years, so this is nothing new to our office and especially since we also operate the homeless assistant program which, when a family cranes to us, we do have access. Where we had planned and we work in partnership with Lillian, is that we always had the benefit bank. This is now through Access Miami. We had actually sent her staff to be trained. At which time, they did complain to the union. We met with Tony. Tony brought one of his staff that explained that it took her eight hours of office time to do her parents, and that's why I sent out the e-mail (electronic) saying that our office will only he doing the initial -- like we are getting calls. Actually, even the Mayor's office is getting calls. We have the list of the 500 sites. They call it a public -private partnership. So we are not included in the list. Our offices are not providing the technical assistance, but as always we've done, if someone comes in and needs to use the phone because their cell phone -- it takes a long time, we are assisting that way. The homeless assistance program does have the access, but they've done this all the time, so it's not because the offices have closed. It's just that we've done it before. So I do have your resolution. It was directed to the Governor, and I'm not sure ifAdministration has received a response on it, but you can be assured that we're not assisting the offices. Commissioner Gort: Thank you. Lillian, you want to add anything? Thank you. DISCUSSION ITEM DISCUSSION REGARDING REF TRUCKS DAMAGING OUR ROADS. 12-01293 Email - REF Trucks Damaging Our Roads.pdf DISCUSSED Chair Suarez: Mr. -- Commissioner Gort, do you want to take up your discussion items? Commissioner Gort: Yes, I do. Chair Suarez: Okay. You're recognized. Commissioner Gort: At this time, 1 was requested to take D1.4 [sic] first. And if you all realize that District 1 is -- along with all the other- districts, is very diversified districts. We got a lot of residentials. We have a lot of commercials. We have a lot of industrial. One of the biggest problem that we having in Allapattah at this time is the broken roads, the broken streets, and that is because of the truck traffic that exists in the area. Ijust want to show you some example of some of the industry within the area, which has affected our roadway quite a hit. And I've arranged some slides and some pictures that we took. We have the waste hauler, where they have those big containers. They drop them in the street. They drag them back and forth, and we're going to show you some pictures -- and I learned this from -- oh, he left. Commissioner Carollo was instrumental in -- we should see these things. Can you roll it? City of Miami Page 92 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Placid() Diaz (Executive Assistant, Commissioner Gort - District 1): This one here, if you see, the trucks are dragging their hooks down the asphalt, and what's happening is, they're creating crevices, and this is a problem citywide. And that -- l just happened to catch that one coming into City Hall the other day, and that goes on everywhere. You see the hook in the back? He was dragging it all the way down Bayshore Drive corning into the back of the marina, all the way to where he went to pick up his tank. What happened was, more than likely, where he dropped of the tank last time, he decided he didn't want to get off the truck and kept right on rolling. Okay, we're going to go on to the next slide. This is an example of what they're doing to exchange tanks. What some of the companies are doing is, they're dropping the tanks in the middle of the right-of-way, and when they pick up the tanks or when they drop them, they damage the streets. This is minor damage. This is one of the very minor damages, but ifyou go forward, you'll see how bad it gets. That's a little bit worse. It gets worse as we go along when it comes to the beer containers. That's just showing how far they drag them. They probably did two exchanges there from what it looks like. That's more -- that minor damage going forward. That's exactly where they dropped it. They dropped it right inside -- outside where they were doing work, as opposed to putting it inside the yard. That's the location. That happened to be in our district. One of the major -- the two major districts that get exposed to this type of damage is actually District 1 and District 2, but it also happens in your district, Commissioner SarnojJ, as you saw. Now this is interesting. This is one of the companies where we took pictures of, and if look at their yard, their yard is impeccable, no damages. Now watch when we go forward. That's our street and this is why. That's our street. This is what's happening. They're doing their exchanges on our street as opposed to their lot. So at the end of the day, we have to come out here and it costs the taxpayers and us money to fix this. So this is what we found, and it's a problem citywide. We've been talking to Keith and Public Works on how to deal with this. And we just wanted to shed some light and bring it to the Commission, and Commissioner Gort wants to make sure that we're all aware of what's going on since we have been having problems with waste haulers in the past as a whole, not only with this, but with collection issues and a slew of other things that we have uncovered. That's -- Commissioner Gort: And the main reason I bring this is because I'd like for the Administration to take some action and see what we can do to improve that. I mean, we have to go after these individuals and talk to them and maybe they will help fix the streets. And are our streets prepared to have this type of traffic? 'Cause 1 have another concern. We had -- we gave permission -- and I wasn't here at that time -- to build a concrete place right on -- between 17th Avenue -- 18th Avenue and 21 st Street. Now you got those concrete trucks corning out of there and when they're full of concrete, their weights -- I don't know if our streets are built to accept that. So I think this is where Public Works, Waste, and our Planning Department's got to get together and make the changes that need to he made hecause if the industry cannot he there, it should not be there. Nzeribe Ihekwaba: Good afternoon, Zerry Ihekwaba, Public Works director. Currently, the City code doesn't have any prohibition to address this type of intentional or negligent acts on the City right-of:way. We've come up with a proposal, which is coming up on the first meeting in January, to amend the City code and make this one of the activities or acts that will he subject to code enforcement. Chapter 54-55 of the City code only addresses sidewalks and swale damages. So we are coming up with a new code provision that would allow the City Code Enforcement Office to site property owners, their agents, contractors or assigns that does any type of negligent or intentional act of damage on City right-of:way to he subject to code enforcement. One of the penalties is to hear the cost of restoration to existing conditions or better. Commissioner Gort: Good. Mr. Ihekwaba: Like I said, that amendment to the code comes up on the first meeting in January. City of Miami Page 93 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 D2.1 12-01266 Commissioner Gort: Great. That's progress. We need to do that and we need to make sure we enforce it. END OF DISTRICT 1 DISTRICT 2 VICE-CHAIRMAN MARC DAVID SARNOFF DISCUSSION ITEM DISCUSSION ON ULTRA MUSIC FESTIVAL. 12-01266 Email - Ultra Music Festival.pdf 12-01266 Submittal - Vice Chair Sarnoff.pdf DISCUSSED Direction by Vice Chair Sarnoff to the City Attorney and the Administration to develop legislation for consideration by the City Commission at the December 13, 2012 Commission meeting, either in support or opposition of street closures for a period of two weeks in Downtown Miami, as a result of the Ultra Music Festival being held in Bavfront Park. Commissioner Spence -Jones: All right, so -- Chair Suarez: So are we going to take up the other discussion items? Commissioner Spence -Jones: Yeah, Commissioner -- Vice Chair Sarnoff: Can Ijust bring up Ultra because it's -- I think people are here. They've been here all day. Chair Suarez: Yes. Vice Chair Sarnoff: The Ultra folks, the people who might -- whatever. Commissioner Gort: Which item? Commissioner Spence -Jones: Which item? Chair Suarez: Ultra. Vice Chair Sarnoff • It's a discussion item -- Commissioner Carollo: Ultra. Vice Chair Sarnoff: -- Commissioner -- Chair Suarez: That's time sensitive, right? I mean, it's -- Tice Chair Sarnoff: Sony? Chair Suarez: It's time sensitive, I think. City of Miami Page 94 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Commissioner Spence -Jones: It was the 5:30 item? Vice Chair Sarnoff: It was. It was -- Chair Suarez: Right. Vice Chair Sarnoff: -- 5:30 item, it was. Commissioner Gort: Well, we're not too late. Vice Chair Sarnoff So let me just put it on the record. Ultra has requested of Florida Department of Transportation to have a hi -- a two -weekend event. The two -weekend event would mean March 15 through March 17, March 22 through March 24. What they would do is they would actually close Thursday night, which means Friday it would he closed and the following Friday it would be closed. Ultra, in the past, has done -- last year they actually closed Biscayne Boulevard for that one weekend, including the Friday closure. We conducted a little bit of what I call a mini public hearing. Commissioner Carollo was there. I suspect if I make any kind of statements that are not incur -- or incorrect, he will clarify for the record to the best of his recollection. What is interesting is Ultra is -- it's extremely important that the Hotel Intercontinental he on hoard for Ultra in terms of the situation and how it works. And for those of you that don't know, the World Baseball Classic will be held -- it's an international baseball competition. It's held from March 2 to March 19. It will be the first WBC (World Baseball Classic) to include qualification rounds that expands participation in the tournaments from not just 16 teams as the past, but to 28 teams. The World Baseball Classic is an international tournament sanctioned by the International Baseball Federation created by Major League Baseball. The tournament is the first of its kind to have national baseball teams feature professional ballplayers from major league teams around the world. It's repeated every four years, and it's being [sicj held in 2009, and the next classic will occur here in Miami in 2013. To give you a perspective, in 2009 when it was much, much smaller, approximately 43,630 people attended the semi-final between Japan and the USA (United States of America), the second-largest crowd in World Baseball Classic history and the most ever in the United States. In 2009, the World Baseball Classic drew a grand total of 746,562 fans through 38 games. So this is coming to the City of Miami and the Hotel Intercontinental will be booked at 90 percent, according to Mike Kovensky, with regard to this particular place, and it would be at the Hotel Intercontinental. Now I just wanted to bring this to bear because the closing of Biscayne Boulevard with some affirm -- without some affirmative act of this Commission I just don't think is appropriate. And I'm not going to sit here as DDA (Downtown Development Authority) chair. I'm not going to sit here -- I'm just sitting here as the District 2 Commissioner. I hring to hear that 1 gave you a document that shows just how the City of Miami has changed in demographics, the number of businesses, the number of employees, the number of people that are affected. And the one thing I think that came out with regard to this meeting is that this is really a displacement of people and not an enhancement of people because the World Baseball Classic will be here. And I think we can make room for Ultra for that one weekend, but I have trouble understanding how we got to go to the second weekend and still think it should require a vote of this City Commission to simply close Biscayne Boulevard at the request of the Bayfront Trust and maybe our Planning director -- not our Planning director -- our -- Zeny, director of Public Works. I just think we should have some say-so. Now as the District 2 Commissioner, here's my position. You've invited a lot of people to live downtown and you have a lot of businesses downtown. I happen to be one of the businesses that's actually, in the Miami Center, and I can tell you that the more you make the quality of life more difficult, the more you make it more difficult for CPAs (Certified Public Accountants), lawyers, and doctors to be downtown, the more you're going to displace them to Brickell. And funny thing is, recently in the Miami Today, there was a building assessment and it says, downtown office building values fall while Brickell continues to rise. And it actually shows the value of the buildings going down downtown versus Brickell. Ijust City of Miami Page 95 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 question the quality of Zife issue and for those people that live downtown, for those people who really don't get to use that park and didn't get to use that park for the better part of 30 days last year. You know, there's a balance we have to find here, and l'm just coming to this Commission asking you to help me find that balance because it isn't all about a volume of money. 'Cause if — you're going to displace people, you're going to achieve the same amount of business you would be having anyway's through the World Baseball Classic. The main hotel down there, the Hotel Intercontinental, is 100 percent booked, 90 percent of which is the World Baseball Classic. If you look at the schematic on how they do this event, almost everything flows through the Hotel Intercontinental. I -- look, I think this is a discussion this Commission should have. I don't even know that we have to decide anything here today. But I think what we have to make sure of is before our director of Public Works goes in front of FDOT (Florida Department of Transportation) and says the City of Miami does not disagree with closing Biscayne Boulevard for two weekends -- and when I say two weekends, that's Thursday at -- Unidentified Speaker: Ten. Tice Chair Sarnoff • -- 10, thank you -- 10 o'clock to Monday morning, 5 o'clock in the morning. Commissioner Spence -Jones: And that's Thurs -- which date, Thursday what? Vice Chair Sarnoff. Two Thursdays. That would he -- Commissioner Spence -Jones, that would be -- Commissioner Spence -Jones: That's the 30th? Vice Chair Sarnoff: -- March 15 through March 17 and March 22 through March 24. Commissioner Gort: Most of the office send people home on Thursday night -- Tice Chair Sarnoff Correct. Commissioner Gort: -- and don't come back until Monday. Commissioner Spence -Jones: Okay, I just (UNINTELLIGIBLE). Brian May: I just want to clarify one thing for the record, if I'm recognized. Chair Suarez: Yes, you're recognized, Mr. May. Mr. May: Brian May, with offices at 235 Catalonia Avenue, in Coral Gables, representing Ultra Music Festival. And I apologize that some of the principals could not he here today, but they're actually traveling related to the festival itself. I do want to just comment for a couple things on the record. One is that it's not a request to close Biscayne Boulevard entirely. It is a request to close the northbound lanes of Biscayne Boulevard between the Intercontinental essentially and 3rd Street. This year we're going to propose to make it to 6th Street because we're working on a new traffic pattern which we think will be better suited, for downtown, and, frankly, better suited to get people in and out of places like the Intercontinental and some of the office buildings and some of the residential facilities. So I wanted to put that on the record. Tin here to answer any questions, but simply want to say that, you know, Ultra is moving to a second weekend because it is, in fact, the premiere event of its kind in the world. It attracts visitors from all over the planet. I think sometimes hecause it's here in our community, we don't understand the significance worldwide, but it is huge. It has a huge and significant economic impact on the city, and specifically, on downtown, and some of that was put on the record at our DDA meeting. And you know, it is a big event and it does cause issues and some disruptions. And all I can tell you is that Ultra is deeply committed to working through those. We did the best we could last year. It City of Miami Page 96 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 was the first time it was at Bavfront Park, as opposed to Bicentennial, and it was -- we definitely faced some challenges. I think on those commitments that the festival made, I think they kept to those commitments pretty well. But I'm not going to stand here and tell you that everything was perfect. There were certainly issues. 1 think Ultra learned a lot from last year and is committed to trying to make adjustments and correct as many things as possible and putting our best foot forward to cooperate with the City and cooperate with the people and the businesses downtown. So I'm here to answer any questions. Chair Suarez: Thank you, Mr. May. Commissioner Spence -Jones: Mr. Chairman, I just want -- I see Tim Schmand and the Ba}front crew. I didn't know if you want to put anything on the record. Tim Schmand: Good afternoon, Commissioners. Tim Schmand, BayfrontPark Management Trust. Thank you for taking time to do this. I guess the number I'm -- in my mind is $465, 000. And $465,000 was the net that we got when we did Cirque du Soleil in Bicentennial Park. And now Cirque du Soleil is taking place at Sun Life Stadium. I have a $465,000 hole in my budget. Ultra would help me fill that hole. The second weekend of Ultra would help me fill that hole. There's another like four hundred plus thousand dollars that 's in overtime to the Miami PD (Police Department) that goes out and a hundred and eighty thousand plus that goes to the fire department. And then the economic impact study indicates that there's 79 million in positive economic impact to downtown. If you double that -- it's difficult -- it's a difficult number to say no to. Is it a challenge to do it in downtown? Is it a challenge to do it in Bayfront Park? Of course. But I think when I think about the economic impact, it sort of helps me get my arms around the whole idea of it. Commissioner Spence -Jones: So -- Commissioner Sarnoff, I'm just curious, what did you think the -- the resist -- where's the resistance? 14n -- maybe I missed it. Tice Chair Sarnoff Well, I mean, you actually have a building -- you have some buildings here. You have the Hotel Intercontinental. I'm telling you as the district Commissioner, I field all the phone calls from the people that live downtown that can no longer get to their apartments or have a difficult time getting to their apartments. It a quality of life issue. I mean, how many times -- you know, candidly, when 1 was meeting with the Ultra people -- and they're very nice people. And Brian May puts a very nice face on them. And I said to them, why don't you just take a month and just do it a month? And they said, Can we do that? And I said, if you're taking a month, why don't you just do it for the whole -- a quarter of the year? Can we do that? I said, why don't you just rent it the whole time? Can we do that? So, the camel's nose is in the tent. Hnw far do you want the camel in the tent? Is -- and I'm just saying to you, I think it was okay to give them, you know, the weekend, 'cause people -- and being a former New Orleanean, so you know, I mean, you stayed for Jazz Fest or you left, or you stayed for Mardi Gras or you left. But you -- you're asking businesses to modifir their work plans. You're asking law firms to not take depositions. You're asking people -- her building, I suspect -- and it'll be Love Levy at the Miami Center. I think her value is going to he depreciated because law firms are going to say, you know, two weeks, and then it's going to he three weeks, why would I even office down there? Why don'tI just go to Brickell because 1 don't have to deal with Ultra? Commissioner Spence -Jones: So is that -- I guess that's the young lady that's going to --? Is that Intercontinental? Commissioner Carnllo: No. Love Levy: No. Commissioner Spence -Jones: Okay. City of Miami Page 97 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Ms. Levy: I'm Love Levy. I'm the property manager at Miami Center. I'm right across from the Bayfrnnt. I'm hooked to the Intercontinental Hotel. I'm all about commerce far downtown. I'm all about bringing money in. Cirque du Soleil and Ultra Fest are by no means comparable, by no means. When your windows bounce back and forth and you can't even think 27 stories up, it's a big difference compared to Cirque du Soleil. I can tell you horror stories. There's 12 years old, 13 year olds, 14 year olds going down the street coming out of the hotel dropping little haggles in front of you. I can tell you all about the overtime that I have spent on janitorial, on engineering, on security, extra to clean up my building from what goes on from Thursday night, Friday night, Saturday, Sunday in order to protect the asset that 1 am property manager over, and all the money that I have spent. I have no revenue coming in for this. This comes straight out of my yearly budget, and it's not fun. I can tell you about all the landscaping that I have to replace from urination, from defecation. I can tell you about everything that I've cleaned up in my stairwells from urinating, from defecation, from vomiting in my stairwells. It's not a pretty site. Commissioner Spence -Jones: Brian, you always -- Brian -- Ms. Levy: You know, and that's -- Commissioner Spence -Jones: -- you have any comments on any of this? Ms. Levy: And on top of that, I mean, with the traffic, the businesses, they do turn around and let their employees go, but that's an interruption of business. In their leases, if it goes on one week, that's fine. They can cover that. It goes on two weeks, three weeks, four weeks, they're going to come back and they're -- I'm going to he in default of their lease, and then I have to start owing them money, attorney fees, you know. It's a disruption of husiness, and then all of a sudden, they can't, you know, do depositions. They can't run their business. They can't get out of the garage. Then all of a sudden, their employees are not coming to work because they can't get in and out of the garage. So it's a major hurdle for me. Commissioner Carollo: Mr. Chairman. Ms. Levy: 1 mean, 1 have all of the invoices and everything that it costs me, for one weekend to pay for the overtime, et cetera, for what it costs me to clean up the mess that everything happened through the weekend. Chair Suarez: Okay. Mr. -- Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. Chair Suarez: As soon as he's finished, we'll give you an opportunity to say -- Pamela Weller: Yes, I will. Pamela Weller, Bayside Marketplace. I have been -- I believe in the City nfMiami. I helieve in Ultra. I'm not sure I believe in it fbr two weekends. I have the same problems that she has as far as that, but 1 have them for every event. So I'm pretty use -- 25 years later, we're pretty used to doing what we do. I would ask this Commission to not close Biscayne Boulevard to 6th Street. I would ask this Commission to make the folks that are planning Ultra to meet with the business owners before two weeks before so that we can have a say in what happens. I love this city, just as you do, and I want economic development and I avant all those things to happen, hut I also want businesses, including Ultra, to he responsible. And that's all I'm asking this Commission to do. I asked for a follow-up of Ultra 8fram this past year, and I'm still waiting for that follow-up because I believe in hest practices. And best practices is, you learn from your mistakes, you write it all down, and next year when it comes, you have something to look at. We never had that follow-up meeting, and I tried many, many, City of Miami Page 98 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 many times. So all I'm asking is the Commission to please look at other businesses. You could roll a howling hall down Bayside Marketplace and you wouldn't have hit one person. It put my tenants out of businesses. It put nay, garage out of business. I picked up garbage. I saw the streets overrun by the people. 1 was physically there the entire week. You have any questions about Ultra, I can answer most of them. But I believe in it. I do. 'just don't know if I believe in it for two weekends in a row. Thank you. Chair Suarez: Thank you. Commissioner. Commissioner Carollo: Mr. Chairman, thank you. Well, I'm glad to see Commissioner Sarnoff is such a fan of the World Baseball Classic, and I guess what you're indirectly trying to say is that the Marlins finally did something right 'cause they're the ones who brought the World Baseball Classic here to Marlins Park. Vice Chair Sarnoff: Even a stopped clock is right twice a day. Commissioner Carollo: Anyways, with that said, Mr. May, can some of the issues that have been brought up today and in the meeting the other day he addressed by Ultra? Mr. May: Absolutely, yes. Commissioner Carollo: 'Cause in all, fairness, last year there were a lot of challenges. As a matter of fact, I'll tell you that due to the museums going up and the construction, we can no longer do Ultra Fest in Bicentennial Park and we had to move it to Bayfr•ont Park, and that was very challenging. As a matter of fact, at the beginning we were asked if we could close Bay -- South Bayshore Drive -- no, Biscayne Boulevard -- I'm sorry, Biscayne Boulevard for approximately two and a half to three weeks. And I, for one, said absolutely not. And then there was a lot of challenges and we put our heads together, but we were able to make it work. There was a lot of capital improvement that went into the park, paid by Ultra, I think to the tune of three, four, possibly half a million dollars, and we made it work. And it was very challenging. Now, was everything perfect? No. As a matter of fact, in the same weekend of Ultra Fest, we also had Disney on Ice, we also had Cavalia, and we also had the Arsht Center on three of the actual, I guess, theaters going on at the same time. And far all that happening in downtown Miami, relatively, we had very little complaints. Now with that said, you know, I defnicely am. sympathetic to what Commissioner- Sarnoff is saying, and I'm asking Ultra, you know, being the last year we faced what I think was much bigger challenges, is it possible for you to reach out to Ms. Love -- and I could give you Ms. (UNINTELLIGIBLE) from the Vizcaya Condo and others, you know, and see if there could he some type of consensus. Mr. May: Absolutely. Commissioner Carollo: You know, and I don't know hon' you want to, you know, proceed with this, Commissioner Sarnoff: As a matter of fact, it was unanimously approved for a second weekend by the Bayfront Park Management Trust, subject to certain conditions in the contract. So, you know, I think -- and working with Ultra, I think that they will do the right thing and, you know, see if there could be some type of consensus. Tice Chair Sarnoff And Commissioner, all I'm saying -- here's the dilemma I face, and I want all of you to feel this. They're already advertising and have sold tickets for the two weekends. So it doesn't really matter, I guess, what this Commission says. It wasn't going to come to this Commission. It -- the only person that gets elected -- two people get elected from that district, me and the Mayor. And l just think there needs to be a vote of this Commission. 1 may be outvoted. I -- and maybe Mr. May comes up with a plan that so impresses me and so categorically moves me that everyone is satisfied that Igo for two, you know, weekend closures, if will. I don't know because it wasn't heading -- the train was not heading down that track. City of Miami Page 99 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 But I want that train heading down that track and I want a vote of this Cornrnission by December because you've already advertised the ticket sales. You've already advertised that Hotel Intercontinental was available and it not. So you're going to have issues. And you have, in my opinion, one month to face those issues. Because 1 want to categorically get all of you on record on a vote as to whether you think it's advisable to close Biscayne Boulevard and affect these businesses 'cause I suspect I will get more than I've ever received in terms of complaints this year. Maybe I'm wrong and maybe I'm not, but we'll find out. I just think it's this Commission's job, not Zerry Ihekwaba, not the Bayfront Trust, and not the DDA, for that fact, to make a determination as to whether we close Biscayne Boulevard. I think it's for this Commission to make that recommendation to the Florida Department of Transportation. And 1 think this body, this juridic, political body has got to go on record with each Commissioner standing up there and saying, I think it's a great idea to close it; I think it's a bad idea to close it, so that the citizens that will he affected will know who and how they voted. Commissioner Carollo: And that's redirect traffic on Biscayne Boulevard, not close Biscayne Boulevard. Tice Chair Sarnoff Well, the north lane gets closed. Your entire north -- Commissioner Carollo: And redirecting it to the south. Vice Chair Sarnoff: Yeah, it is a closure. You know, you could be semantics all you want. To three buildings out there, it is an abject closure. To 200 Biscayne, 201 Biscayne, and you could even argue to two buildings just to the north, it is an effective closure. And if you're going to move it to 6th, I can now add about five or six more buildings. I don't know what your traffic plan's going to look like because you don't know what your traffic plan's going to look like 'cause they don't know what their traffic plan's going to Look like, hut they've already advertised their closing. Mr. May: But Commissioner, ifI could just -- just one, we do know that there was a traffic plan that was approved by FDOT last year. So there was a traffic plan that was acceptable to everyone because it was shopped around last year. But going forward, we're trying to develop an improved traffic plan so we don't get the kind of complaints that you're referring to. And we appreciate that. And you know, we stand committed to try to work with that. And I want to just put one thing on the record. The Florida Department of Transportation, it's not like Ultra is sneaking around and submitting a traffic plan to them for approval. They've very clear that the DDA needs to he on board, that the stakeholders downtown need to be on hoard, and that the City needs to be on board. They were very clear about that last year, and they're very clear about that and straightforward this year so -- Vice Chair Sarnoff • And Mr. May -- Mr. May: -- I want you to understand we get that and we're committed to working with the stakeholders in downtown and the Commission and whoever else, you know, you see fit. Vice Chair Sarnoff: And let me just clear the record up because when you say everybody was on board, I think that's a gross misstatement. Here's how I see it. This political body, not the DDA, which I'm a fan of not the Bayfront Trust, which I used to be a fan of -- just kidding. I love the Bayfront Trust. Commissioner Carollo: You dumped them for the DDA. Vice Chair Sarnoff • I did. I dumped them, for the DDA, but that was one -- I got to tell you, that was probably my favorite board. I don't think they get to make that decision. I think each one of us here understand that 35 percent of the tax base of the City of Miami comes from that zone. City of Miami Pane 100 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 And you are going to have to go on record, each one of,vou, by saying -- and we didn't do this last year. I think it was wrong. Put it on the record why I think the -- go on the record and say, you know, I think the impositions placed upon the residents and the business owners of Biscayne Boulevard are outweighed by the revenue opportunities to the Bayfront Trust. Perfectly valid vote. Somebody else might say -- let me just have it, Brian. I got the election one. Mr. May: No, no, absolutely. Vice Chair Sarnoff: Somebody else might say, I think having lived and breathed downtown, that Ultra should be restricted to one weekend, that that is the balancing act, that is the discretion 1 use, for the competing interests so that the Bayfront Trust can have their little over $500,000 in fees and the downtown offices can give up one day of work a year. That might be my balancing act. But I think we all need to go on record. Chair Suarez: Okay. Right now? Tice Chair Sarnoff • No. I'm suggesting give him 30 days. Chair Suarez: Look, I think, obviously, Mr. May, you have a lot of work to do, you know, in terns of, you know, the stakeholders who are here and who have expressed concerns. Obviously, the district Commissioner has expressed concerns and I think even the Bayfront Park Management Trust, while being very supportive, has expressed some concerns. I'm -- you know, I think it's always difficult when you have a parochial interest that conflicts with an event that I think many of us believe is a worldwide event and it brings worldwide exposure to the City of Miami. And so that's, you know, something that hopefully can be reconciled, you know, the fact that there's a parochial interest and the fact that there's a worldwide event. I think it's indisputable that Ultra is known across the world and people come to Miami to spend money in Miami and to -- and itforms a basis of what Miami is. Miami is, as you were saying in terms of New Orleans -- Vice Chair Sarnoff: It's a big event. Chair Suarez: It's a big event, you know. And so, you know, we don't want to discourage big events. We want to encourage big events. However, you know, there's obviously parochial interests that are involved. And so, you know, I think we're not really saying anything inconsistent with each other. What we're saying is we want to know more. We want -- you know, talk to the people who have expressed, you know, a significant objection and what their concerns are. Let's get everybody together and let's see if we can come to some sort of an agreement that everyone can feel is acceptable. Tice Chair Sarnoff • Mr. Chair, can I ask that this be set at the next Commission meeting at the time certain 5 o'clock so -- Chair Suarez: Sure. Vice Chair Sarnoff: -- that we can see what progress we've made? Chair Suarez: Yes. Vice Chair Sarnoff: And I'd ask that a resolution be drafted, either pro or con, from this Commission. Chair Suarez: And let me just say -- and I don't mean to digress, but I remember not too long ago, we passed a noise waiver in the old Miami Arena site, and we were -- we kind of took a leap of faith -- City of Miami Pane 101 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Vice Chair Sarnoff: We did. Chair Suarez: -- you know, because we weren't sure if that was going to work out or not, and it worked out, you know. I don't think there was a massive amount of outcry. We never heard about it again. So you know, another way of doing it -- and I'm just putting it out there -- is, you know, to do some sort of a trial, you know, one year kind of pilot and then, you know, lithe assurances are there that we all feel comfortable with, and then we can obviously reassess, you know, given, you know, the circumstances. But leave it at that. I don't know ifvnu want to have the other Commissioners express their preferences now. Commissioner Gort: First of all, I'd like to get more information. I think their concern -- you know, a lot of times, there's an event in downtown Miami and my office is in Brickell, gelling in and out is difficult. So I think there's a lot of challenges to it. I think you have a lot of work to dn. You have two individuals that have a lot of problems with it. And I think i f you can work it out, fine. 1 mean, we've had other events in other districts and we have been able to sit down with the merchants in the area and take care of it. But I think that you need to consider the people that live there and the people that have their business in there. They're affected. Mr. May: Absolutely. Chair Suarez: Commissioner, do you have anything to add? Commissioner Spence -Jones: Um -um. Chair Suarez: Okay, thank you. Vice Chair Sarnoff: Thanks, Mr. May. D2.2 DISCUSSION ITEM 12-01128 STATUS OF HIRING POLICE OFFICERS. 12-01128 Email - Status - Hiring Police Officers.pdf NO ACTION TAKEN END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO Chair Suarez: Are we going to recess the meeting or is there anything else? Commissioner Spence -Jones: I think he -- Commissioner Carollo: Mr. Chairman. Chair Suarez:: Yes. Commissioner Gort: I got a discussion item. Commissioner Carollo: I'll just -- I'm going to continue my district items. City of Miami Pane 102 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Chair Suarez: Thank you. D3.1 DISCUSSION ITEM 12-01288 D3.2 12-01289 D3.3 12-01291 D5.1 12-01287 UPDATE REGARDING THE $45 MILLION TUNNEL LOAN PAYMENT DUE IN JANUARYAND CURRENT STATUS ON THE BOND ISSUANCE. 12-01288 Email - Update Port Tunnel.pdf CONTINUED DISCUSSION ITEM UPDATE 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. 12-01289 Email - Milling & Resurfacing St.pdf CONTINUED DISCUSSION ITEM PROCEDURES REGARDING THE CIP PROCESS IN ORDER TO BETTER THE INFRASTRUCTURE AND SERVICES TO THE COMMUNITY. 12-01291 Email - CIP Process - Infrastructure & Srvcs.pdf CONTINUED END OF DISTRICT 3 DISTRICT 4 CHAIRMAN FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES DISCUSSION ITEM DISCUSSION ON THE SUCCESS OF THE HOT SPOTS CAMPAIGN AND THE NEED FOR MULTI -LANGUAGE PERSONNEL TO ASSIST CITY-WIDE. 12-01287 Email - Hot Spots Campaign.pdf DISCUSSED City of Miami Pane 103 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 NA.1 12-01371 Commissioner Spence -Jones: Ijust have one question. First of all, the -- Chief, on the Hot Spots item, I'm just going to defer that to another time. One of vour staff members already met with me on the Hot Spots issue, so we'll address that at a later point. RESOLUTION END OF DISTRICT 5 NON AGENDA ITEMS Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVIL SERVICE BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Javier Banos Commission -At -Large 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, Sarnoty, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0454 Vice Chair Sarnoff. Mr. Chair. Chair Suarez: Yeah. Vice Chair Sarnoff: Would you mind all staying up here for about two minutes just for the CRA (Community Redevelopment Agency) meeting? Chair Suarez: No, I don't. I don't mind. Commissioner Gort: Sure. Vice Chair Sarnoff: They're going to need to rewind but -- Commissioner Gort: No problem. Vice Chair Sarnoff -- I'll get you out of here by noon. Chair Suarez: Can I do a pocket item real quick, which is a Civil Service Board appointment? We got a resignation -- Tice Chair Sarnoff • Sure. Chair Suarez: -- on the Civil Service Board, if I'm not mistaken. City of Miami Pane 104 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 NA.2 12-01365 Todd Hannon (Assistant City Clerk): Chair, that is correct. We have received a resignation letter from Mr. Carlos Lago, effective today, from the Civil Service Board. So if it's the will of the Commission, you may appoint a new member to the hoard to fill the vacancy. Chair Suarez: Can I proffer a name, Javier Banos? I know it's an at -large. Mr. Hannon: Could I have you pass the gavel, sir? Chair Suarez: Yeah, yeah, I know. I just want to proffer the name. Tice Chair Sarnoff • So moved. Chair Suarez: Somebody move it, Javier Banos. Mr. Hannon: Say the name again, sir. Commissioner Spence -Jones: Second. Chair Suarez: Javier Banos. He's an attorney. He's done -- I think he was on the Pension Board of the City of South Miami and he's got a lot of experience -- Mr. Hannon: Yes, sir. Chair Suarez: -- with these employee -related issues. So there's a motion by the Vice Chair. Is there a second? Commissioner Gort: Second by -- Chair Suarez: Second by Commissioner Spence -Jones. Commissioner Gort: -- (UNINTELLIGIBLE). Chair Suarez: All in favor, signify it by saying aye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. Go ahead. I'm sorry, Mr. Vice Chair. Vice Chair Sarnoff: No. I think we just -- you just adjourn this meeting, and then I'll just open up the CRA meeting. Chair Suarez: Yeah. This meeting will stand in recess -- Vice Chair Sarnoff: Right. Chair Suarez: -- while the CRA gets turned over. Commissioner Spence -Jones: Do we have to wait the three minutes or no? It takes three minutes to switch it over. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING AND APPROVING THE DISTRIBUTIONS FROM THE NEIGHBORHOOD ENHANCEMENT ACCOUNT, ESTABLISHED City of Miami Pane 105 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 PURSUANT TO THE SETTLEMENT AGREEMENTS WITH CLEAR CHANNEL OUTDOOR, INC. AND CBS OUTDOOR, INC., RESPECTIVELY, TO THE MUTUALLY AGREED UPON RECIPIENT ORGANIZATIONS WITHIN THE CITY, IN THE AMOUNTS DEPICTED IN "EXHIBITA"; AUTHORIZING EACH DISTRICT COMMISSIONER TO CONTINUE TO DISTRIBUTE FUNDS FROM THE NEIGHBORHOOD ENHANCEMENT ACCOUNT WITHOUT FURTHER CITY COMMISSION APPROVAL FOR AMOUNTS LESS THAN TEN THOUSAND DOLLARS ($10,000.00); FURTHER DIRECTING THE CITY MANAGER TO TRANSMIT A REPORT TO EACH OF THE CITY COMMISSIONERS DETAILING THE ALLOCATION OF SAID FUNDS THAT EACH DISTRICT SHOULD BE RECEIVING EACH YEAR AND WHEN THE FUNDS HAVE BEEN ALLOCATED. 12-01365 Legislation.pdf 12-01365 Exhibit.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Sarnoff and Carollo R-12-0456 Commissioner Spence -Jones: The only thing that I wanted to bring up really fast -- and I don't know if you guys have a copy of this pocket item in regards to -- do we have a -- does everybody have a copy of the pocket? Okay. And this is in reference to the settlement agreement. I'm going to need you, Mr. Chairman. Are you going anywhere? Okay. This is in reference to the settlement agreement from the outdoor billboards with Clear Channel and CBS Outdoors. As a part of the resolution or to resolve the disputes that they had with the pending litigation -- this is before I actually got elected. There was a settlement that took place between both of -- both Clear Channel and CBS Outdoors. And a part of that was some of those resources would go to the neighborhood organizations or neighborhood groups within our districts . And I think the only districts that were really affected, if I'm not mistaken, was Allapattah and our areas, Liberty City and Overtown, if I'm not mistaken. So [just -- what T really wanted to do is by to put somewhat of a process in place so that we would be able to make sure that it's officially put on the record as to how these funds are actually being distributed. And I don't know if the -- Madam City Attorney wants to kind of speak to it just to make sure we're all clear on, you know, the process in which it's done. Now I want to mention this, that in the midst of the new allocations that we had for CBS for the funds that were coming through our district, I asked my chief of staff to look at the process of maybe giving it to the Miami Foundation so that they can manage the process. In the process of all of that, we found out that it should not be done that way. So we decided that we wanted to at least make sure we brought this issue up so that everybody would he aware of how the settlements were actually taking place. And you have this -- the curious look on your face. Commissioner Gort: Yeah, because we do have a process, which we get information. We have to send it -- the -- all the information is given by the benefit -- the individual that's going to receive the assistance, like the Allapattah Center and places that -- social services that provide service. We don't handle it. The checks go directly to them. Commissioner Spence -Jones: Yeah, right. Commissioner Gort: And they fill out the documents and what do they do. They go check on it and make sure that the right corporations receiving the funding, a non for profit providing social service. City of Miami Pane 106 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Commissioner Spence -Jones: Right. Commissioner Gort: So 1 don't have any problem. We keep track of all the record of that. Commissioner Spence -Jones: Right. And I think that this was before you actually got back. I was the one that kind of put the process in place from the D5 (District 5) side of it, and I think, Frank, you are aware of this because Angel -- at that point, we were working very closely with your office to make sure that we had a process in place. In the midst of all of this, though, as I asked my chief of staff to make sure that if we -- on a D5 side of -- can't speak, for any other Commissioner -- but on a settlement side, I really wanted to make sure that that process was not something we were managing in our office, so I was looking at how could we have taken the dollars that came from the settlements from in my district to give to the Miami Foundation. That's when this whole issue came up and I wanted to put it on the record -- Commissioner Gort: Okay. Commissioner Spence -Jones: -- so we didn't have any issues on it; that the item should actually come in front of the City Commission, which is what was being told by the -- Veronica Xiques (Assistant City Attorney): Correct. Commissioner Spence -Jones: -- City Attorney -- Ms. Xiques: Correct. Commissioner Spence -Jones: -- okay, to make sure that none of us have any issues. So that was the reason why I'm bringing this up, to make sure we're all on the same page with how the process should take place. The way that the district Commissioner for the Allapattah area wants to distribute his funds, I guess -- I don't have an issue with that, but I just want to make sure I have a process put in place for the D5 thing beyond my existence. Ms. Xiques: Correct. The settlement agreements do require that the awards of the distribution of the NEA (Neighborhood Enhancement Account) funds come to the City Commission for approval. What I have before you today is a resolution that would authorize the distributions you seek to make in District 5 from the CBS monies, and it would allow you -- in the future, it would allow every district Commissioner to make distributions without corning to City Commission. Andlput in the amount of $10,000; that's discretionary. If ,you decide today that you want to make a change and you want to make it 15 or you want to make it 5 or 25, whatever it is, that's your decision. 1 just put in the 10 as a sort of placeholder. So what would happen from here on out is that any disbursement that you would make less than 10,000, you could just make as a matter of course without having to come to Commission. Commissioner Spence -Jones: And what -- Commissioner Gort: I'm sorry, come back again. What was the --? Ms. Xiques: Any disbursement in the -- Commissioner Gort: Yeah. Ms. Xiques: -- future under $10, 000, or if you choose to increase or decrease that amount, you would be able to make it as a matter of course out of your discretion without having to return to City of Miami Pane 107 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Commissioner Gort Right. M. Xiques: -- the City Commission far approval. Commissioner Gort:: Right. Ms. Xiques: The way the contract is written, the settlement agreements, both with Clear Channel and with CBS, any disbursement, whether it's $2,000 or $20,000, requires City Commission approval. Commissioner Spence -Jones: Right. And what I was trying to -- Commissioner Gort: So we have been doing it illegally? M. Xiques: We have been doing it against the language of the contract. It is something that we would like to clean up. A lot -- like we're doing with District 5. If you have made awards and you wanted to ratify them, we would bring a resolution -- Commissioner Gort: We got the records of all the awards. We'll bring it back and I don't have any problem with it. Chair Suarez: Me neither. Commissioner Spence -Jones: So what I'm trying to do is because I have to actually -- from the CBS side of it, I have to make allocations because they're running out of time for these dollars. So I wanted to make sure that everything is done properly. Chair Suarez: Yeah. Commissioner Spence -Jones: So as soon as my chief of staff -- thank God for him -- saw that the way that the allocations were being made, they were not going through the proper process, we corrected it and my City Attorney -- our City Attorney actually told us the necessary steps, so I'm doing this to make sure, beyond my existence, there's a process put in place far D5. Chair Suarez: Got it. Commissioner Gort And to follow it up -- Commissioner Spence -Jones: And that's really -- honestly, that's an Administration thing because, quite frankly, you know, as City Commissioners, we don't sit and read contracts so -- Commissioner Gort: To follow it up, if -- I'd like to place an amendment. Commissioner Spence -Jones: Okay. Commissioner Gort: It's to make sure that we have continuation, that we get a copy of how much each district should he getting every year and when are they supposed to be getting it. And the Administration should keep track of that -- Commissioner Spence -Jones: Yes. Commissioner Gort: -- because we're not aware of that, so the Administration keep track who's -- how much money and who gets it, okay? Commissioner Spence -Jones: Right. And that's what I'm Dying to do. I'm trying to create City of Miami Pane 108 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 transparency 'cause the transparency, quite frankly, was not there before. Commissioner Gort: Now -- Commissioner Spence -Jones: So can I just -- Commissioner Gort Okay. Commissioner Spence -Jones: -- make my allocation so that we're all on the same thing? Commissioner Gort: Sure, yeah. Commissioner Spence -Jones: Okay. So for the CBS Outdoor neighborhood enhancement grants that we have, as you can see, we have a resolution for it and I believe it's four items. And I just -- do I need to put them on the record or just --? Ms. Xiques: No. It's in the exhibit to the resolution. Commissioner Spence -Jones: Okay, I'm submitting it to the record. The -- I think it's four organizations that we're providing the resources to. Some of them you know, which is Curley's House -- Commissioner Gort: Right. Commissioner Spence -Jones: -- for the seniors big event -- citywide event that we want to do, just to make sure we have the resources to he able to do that. So -- and all of the organizations have been vetted, and I just wanted to make sure that we officially put it on the record properly. Chair Suarez: Is there a motion? Commissioner Gort Second. Chair Suarez: Motion. Commissioner Spence -Jones: Okay. Chair Suarez: Motion and second. All in favor, signer by saving "aye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. Anything else? Okay, so we'll stand -- Commissioner Gort: No, wait a minute, before we go. The Administration, you have copy of my items today, discussion items. I would like to get a report next month. Next Commission meeting I'd like to have some report of what's being done, okay? Chair Suarez: So we'll stand in recess until Monday at 6 p.m. Commissioner Gort: Monday, 6p.m. Chair Suarez: Thank you. Dwight S. Dania (City Clerk): And here. Commissioner Spence -Jones: Monday -- City of Miami Pane 109 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 ADJOURNMENT Chair Suarez: Here at City Hall. Thank you. The meeting adjourned at 6:21 p.m. an Monday, November 19, 2012. City of Miami Page 110 Printed nn 12/10/2012