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HomeMy WebLinkAboutCC 2011-10-27 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 1 r V d1C1Re 4RATtI V. 4r r3 i'e � �.2- Meeting Minutes Thursday, October 27, 2011 9:00 AM PLANNING & ZONING City Hall Commission Chambers City Commission Tomas Regalado, Mayor Wifredo (Willy) Gort, Chairman Frank Carollo, Vice -Chairman Marc David Sarnoff, Commissioner District Two Francis Suarez, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Johnny Martinez, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes October 27, 2011 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM -APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS FR - FIRST READING ORDINANCES RE - RESOLUTIONS DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. [Later...J'fefers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 9:00 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 11-01008 PRESENTATION Special Item Presentation of Resolution in Support of the National Guard and Reserves 11-01008 Protocol Item.pdf PRESENTED 1) A presentation was made by Mayor Regalado and Mr. Charles Flowers on behalf of the Employer Support of the Guard and Reserve (ESGR) urging the City Commission to support a resolution endorsing the ESRG; further honoring and enforcing the Uniformed Services Employment and Reemployment Act (USERRA) whereby those employees who serve in the National Guard and Reserve are protected in their employment rights. Chair Gort: At this time, I would like to recognize Mr. Charles Flowers. I believe he has a presentation for all of us. Presentations made. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairman Gort, Commissioner Sarnoff, Vice Chairman Carollo, Commissioner Suarez and Commissioner Spence -Jones On the 27th day of October 2011, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chair Gort at 9:42 a.m., recessed at 12:11 p.m., reconvened at 2:42 p.m., and adjourned at 6:19 p.m. Note for the Record: Commissioner Spence -Jones entered the Commission chambers at 9: 44 a.m and Vice Chair Carollo entered the Commission chambers at 9: 49 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Luis Cabrera, Acting City Manager Priscilla A. Thompson, City Clerk Chair Gort: Good morning, everyone. Welcome to City ofMiami Commission meeting of October 27, in the Commission his -- this historic chambers. With us today is Commissioner Marc Sarnoff, Commissioner Francis Suarez, and myself Chairman W fredo "Willy" Gort. At this time also we have -- on the dais, we have Mr. Cabrera, acting City Manager, Julie O. Bru, which is the City Attorney, and Priscilla Thompson, City Clerk. At this time, I will ask Ms. Thompson to -- Okay, Commissioner Suarez, will you lead us in a prayer and, Commissioner Sarnoff, will you pledge allegiance. Invocation and pledge of allegiance delivered. MAYORAL VETOES City ofMiami Page 3 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 NO MAYORAL VETOES Chair Gort: Does the Administration like to pull any item? Priscilla A. Thompson (City Clerk): Excuse me, Chair, if we might. Chair Gort: I'm sorry, yes. Do we have any minutes or any vetoes? Ms. Thompson: We have -- mayoral vetoes -- Chair Gort: Mayoral vetoes. Ms. Thompson: -- there are none. Chair Gort: Okay. Ms. Thompson: Okay. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Priscilla A. Thompson (City Clerk): And we do have on the agenda the approval of three sets of minutes. We have our special meeting of September 14, 2011, the Planning and Zoning meeting of September 27, 2011, and the second budget hearing of September 27 for your approval. Chair Gort: Okay. Commissioner Suarez: So moved. Chair Gort: Do I have any motions? Commissioner Suarez: Move it. Chair Gort: Moved by Commissioner Suarez -- Commissioner Sarnoff.. Second. Chair Gort: -- second by Commissioner Sarnoff. Discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Thompson: Thank you. City ofMiami Page 4 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Chair Gort: No nays. END OF APPROVING MINUTES Chair Gort: At this time, do we have any Administration that has any item they would like to pull? Luis Cabrera (Assistant City Manager): Good morning, honorable Commissioners. We're going to be taking action on the following: CA.2, continue to November 17; FR.1, continue to November 17; FR.3, continue to November 17. And we're also going to be taking action on all items except PZ.3 and PZ.17. We're going to moving those -- continuing those. Chair Gort: You're going to continue all the -- Mr. Cabrera: The PZ (Planning & Zoning) items. Chair Gort: -- PZ items? Mr. Cabrera: With the exception of PZ.3 and PZ.17. Chair Gort: Okay, we're continuing that. Mr. Cabrera: Yes, sir. Chair Gort: Okay. Commissioner Spence -Jones: I want tojust make sure. So PZ.3 -- we're only dealing with PZ.3, PZ -- and 17? Okay. All right, cool. Chair Gort: We'll hear PZ.3? Is that what I'm hearing? Commissioner Spence -Jones: Yeah. Chair Gort: And which other one? Vice Chair Carollo: PZ.17. Commissioner Spence -Jones: 17. So it's only two. Chair Gort: Okey-doke. Is that it? Any other board member would like to defer any item? Commissioner Spence -Jones: Yes, Mr. Chairman. I'm going to actually defer the item FR.4, but I would like to have at least -- since we don't have the opportunity to really communicate outside of this, I would like to at least have a slight discussion on it, but I'd like to -- I'd like to defer the item, but I would like to have a discussion 'cause I want to understand what the issues or concerns are. So do you want tojust deal with it when we get there? That's fine. Chair Gort: No. That's all right. All we have to do is when we bring it up, we can discuss it and then you can make a motion to defer. Commissioner Spence -Jones: Okay, no problem. Chair Gort: No problem. Commissioner Spence -Jones: Thank you. City ofMiami Page 5 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Chair Gort: Any other Commissioner? Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: I would like to actually withdraw RE.8. There's going to be so many changes as we expected that it's better just to withdraw it and then bring it back -- bring a whole -- a new agenda item on November 17. Chair Gort: Okay. Vice Chair Carollo: So a withdrawal of RE.8. Chair Gort: RE.8, okay. At this time, I would like to -- item PZ.19, we need to request the -- to indefinitely -- to defer indefinitely PZ.19 'cause I think this was one of the items will be taken care with the ordinance that we working with. Francisco Garcia: Thank you, sir. Francisco Garcia, Planning and Zoning director. Briefly regarding that item, although that is certainly the intent and that has been also discussed with the applicant, official action on this particular item must be taken after 2 o'clock as advertised. Chair Gort: Okay, no problem. Okay, consent agenda. Priscilla A. Thompson (City Clerk): Excuse me. Commissioner Suarez: I'll move the continuances and deferrals as -- Commissioner Spence -Jones: Second. Commissioner Suarez: -- specified -- Vice Chair Carollo: Second. Chair Gort: It's been move and second. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Thompson: Thank you. [Later..] Chair Gort: Madam Attorney. Julie O. Bru (City Attorney): You're ready for the --? Chair Gort: Yes, ma'am. Ms. Bru: Okay. Good morning, Mr. Chair, members of the Commission, Madam City Clerk, Mr. Mayor, the public, Mr. Manager. Welcome to the October 27, 2011 City Commission. Any person who's a lobbyist must register with the City Clerk before appearing before the City Commission. The material for each item that is on the agenda is available during business hours at the City Clerk's office and online at www.miamigov.com. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a City ofMiami Page 6 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 verbatim record of the item. Please, no cell phones or other noise -making devices. Silence them now. Anyone who becomes unruly at the Commission chambers will be barred from further attending meetings. Anyone who requires a aide as a result of a disability, please ask the City Clerk for assistance. And the lunch recess will begin at such time as the Chairman indicates. There's also a Planning and Zoning meeting today, which will commence after -- 10 o'clock? After 2 o'clock. It's been advertised to commence after 2 o'clock today. Thank you very much. Chair Gort: Thank you, ma'am. City ofMiami Page 7 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 CONSENT AGENDA CA.1 RESOLUTION 11-00881 Department of Public A RESOLUTION OF THE CITY OF MIAMI 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 AND UNITED POLICE FEDERAL CREDIT UNION, FOR USE OF APPROXIMATELY 1,136 SQUARE FEET OF OFFICE SPACE AND AN AUTOMATED TELLER MACHINE INSIDE THE CITY OF MIAMI POLICE DEPARTMENT HEADQUARTERS LOCATED AT 400 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, FORA MONTHLY USE FEE OF $1,514.66 ($16 PER SQUARE FOOT) PLUS FLORIDA STATE USE TAX, IF APPLICABLE, FOR AN INITIAL TERM OF FIVE (5) YEARS, AND AN OPTION TO EXTEND FOR FIVE (5) ADDITIONAL ONE (1) YEAR RENEWAL OPTIONS, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT. 11-00881 Summary Form.pdf 11-00881 Legislation.pdf 11-00881 Exhibit 1.pdf CA.2 Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-11-0443 Chair Gort: CAs (Consent Agendas). CA.2 was pulled so we only have one item, CA.1. Do we have a motion for the consent agenda? Commissioner Sarnoff. Move it. Vice Chair Carollo: Second. Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner -- Vice Chair Carollo: Carollo. Chair Gort: -- Carollo. I went to bed late last night. Vice Chair Carollo: It's okay, Mr. -- Chair Gort: Any further discussion? Being none, all in favor, state it by saying "aye. The Commission (Collectively): Aye. Chair Gort: My apologies, Vice Chairman. Vice Chair Carollo: Commissioner is fine. RESOLUTION City ofMiami Page 8 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 11-00930 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE MAINTENANCE OF BEAUTIFICATION IMPROVEMENTS ALONG STATE ROAD 933/NORTHWEST 12TH AVENUE FROM NORTHWEST 14TH STREET TO NORTH OF NORTHWEST 15TH STREET , MIAMI, FLORIDA. 11-00930 Summary Form 12/15/11.pdf 11-00930 Contract Status Change - Checklist.pdf 11-00930 Pre -Joint Participation Agmt.pdf 11-00930 Decorative Crosswalks 12/15/11.pdf 11-00930 Legislation (Version 3) 12/15/11.pdf 11-00930 Exhibit 1 12/15/11.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PH.1 11-00852 Department of Human Resources END OF CONSENT AGENDA PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"), FOR CONSULTING SERVICES FOR CHIEF FIRE OFFICER, FIRE CAPTAIN, AND FIRE LIEUTENANT EXAMINATION PROCESSES; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT(S) ("PSA") IN SUBSTANTIALLY THE ATTACHED FORM(S), BETWEEN THE CITY, AND THE CONSULTING FIRM THAT CURRENTLY HAS A PSA WITH THE CITY, EB JACOBS, LLC., TO PROVIDE AND ADMINISTER THE PROMOTIONAL EXAMINATION PROCESSES FOR THE CLASSIFICATIONS OF CHIEF FIRE OFFICER, FIRE CAPTAIN, AND FIRE LIEUTENANT, FOR THE DEPARTMENT OF HUMAN RESOURCES, FORA MAXIMUM AMOUNT OF $380,972, AS STATED HEREIN. 11-00852 Summary Form.pdf 11-00852 Memo - Fire -Rescue Exam Contract.pdf 11-00852 Notice to the Public.pdf 11-00852 Second & Final Renewal.pdf 11-00852 Pre-Legislation.pdf 11-00852 Legislation.pdf 11-00852-Exhibit-S U B. pdf City ofMiami Page 9 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0449 Chair Gort: Okay. FR (First Reading) -- Public Hearing 1, PH.1. Beverly Pruitt: Beverly Pruitt, director of Human Resources. PH.1 is a request of the Commission for a four fifth vote to waive the bid process so that we can have a six-month extension of a current contract with EB Jacobs, our testing contractor. Chair Gort: Okay, thank you. This is a public hearing. It's open to the public. Yes, sir. Nathan Kurland: Good morning. Nathan Kurland 3132 Day Avenue. As a member of the public, I was wondering if the City Manager or someone could possibly explain a bit more as to what exactly is involved in PH.1; what exactly we are paying for the six-month extension, what exactly it includes. I printed out the 34-page backup information regarding PH.1. I'm more confused now than I was before I pulled it, so I'm wondering if we can get a little bit of -- some information regarding what exactly this PH.1 involves. Thank you. Chair Gort: Yes, sir. Thank you. Mr. Cruz. Mariano Cruz: Yeah. Mariano Cruz, 1227 Northwest 26 Street. I see all this, you know -- we have a department, Human Relations, you know, testing, (UNINTET,T IGIBT ,F) 9: 57: 51 --I know because I been in the Civil Service. I know what they do. And now I see here almost $400, 000 for that testing. What do we get here? How -- what is that there is so much thing for testing thing? (UNINTELLIGIBLE) 9: 58: 08 many people (UNINTET,T IGIBT ,F) 9: 58:10 are these doctors from Harvard or from Oxford or from -- you know, they got to be because 380,972 is a lot of money at this time with the economy the way it is. No, I just question there how they -- the City so easy with the taxpayers' money because you don't see any taxpayer here. Most of the time you going to see here City employees are only here, okay. You don't see any taxpayer coming here because I am not even a taxpayer of the City andl come here. Thank you. Chair Gort: Thank you, sir. Yes, ma'am. Could you answer the questions? Eyran Kraus: Dr. Eyran Kraus, with the testing division of the Department of Human Resources. In reference to those questions, the amount of $380, 000 is for three promotional examinations for the Fire Department for the ranks of Chief Fire Officer, Fire Captain, and Fire Lieutenant. They are -- the monies go to develop legally defensible promotional processes in accordance with federal guidelines, with professional practice in the field of industrial and organizational psychology. They involve more than just a multiple choice test because these positions are key to the safety of individuals, of citizens in the City ofMiami as well as the property. And this is the state of the science that's brought to the City ofMiami that we have done for years. It was introduced before we were in the consent decree as well as the federal order, but it's something that has been approved by the Department of Justice recognizing that it is the state of the science in the field in order to select the best qualified candidates to fill those vacant positions in Chief Fire Office, Fire Captain, and Fire Lieutenant. Chair Gort: Thank you. Any question for the board members? Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes. City ofMiami Page 10 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Commissioner Sarnoff.. So to answer the citizens' questions, if we were to look at a parallel city -- andl know we're the biggest city in Florida, but how does Jacksonville do it? How does Tampa do it? How does Fort Lauderdale do it? How does any of the aforementioned cities -- do they also have testing services? Mr. Kraus: Some do; some do not. Given the -- Commissioner Sarnoff.. Those that don't, why don't they? Mr. Kraus: -- history of the City ofMiami, we have found that the best way to comply with the legal oversight as well as moving forward to select the best candidates is to engage in this enterprise in terms of hiring a consultant that's trained in this area, that has a background in this area, that is able to defend processes should there be any litigation. Commissioner Sarnoff.. So how long have you been engaging this particular testing facility? Mr. Kraus: With this specific vendor? This specific vendor has been with -- working with the City since 1998, I believe. Commissioner Sarnoff.. Okay, and since 1998, how many times has the City ofMiami been sued for unfair testing practices? Mr. Kraus: In terms -- in general, the City has had several lawsuits prior to that and some have been earlier in the -- this dec -- in the last decade. Commissioner Sarnoff.. No. My question is really as a result of hiring this firm in 1998 and thus creating what would appear to be race neutral, cultural neutral, andl guess religious neutral questioning and evaluations, how many times since they began testing in 1998 has the City of Miami been sued? Mr. Kraus: This -- I believe it -- off the top of my headl can think of one time. As a note, this firm was instrumental in assisting the City ofMiami to be released from the classifications of police captain and police sergeant in respect to the federal order that governs the Police Department. Commissioner Sarnoff.. So what you're saying is the -- I think the consent decree of 1977 and the modification to the consent decree of 1999, as a result of hiring this firm, no longer are these tests subject to the consent decree as a result of changing the policies ofMiami? Mr. Kraus: That is correct, Commissioner. Commissioner Sarnoff.. I'm a little curious of that statement 'cause if this in fact -- if in fact this testing facility was only hired in 1998, I take it then it would have been the 1999 consent modification order by Judge Highsmith that relieved the City ofMiami of that particular obligation? Mr. Kraus: I'm not following. Commissioner Sarnoff.. Well, you said that the con -- obviously, in 1977, this firm wasn't hired. Fair enough? Chair Gort: Right. Mr. Kraus: Fair. City ofMiami Page 11 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Commissioner Sarnoff. Okay. So if this firm was hired in 1998, I surmise you might have gotten one test in between 1998 and 1999, which would have been the modification to the consent decree that was signed by Judge Shelby Highsmith, correct? Mr. Kraus: Correct. It was in the process at that time, if I'm not mistaken. Commissioner Sarnoff. So you may not even have had a test result -- you may not even have had a test done, evaluated, created, et cetera. Am I wrong on that? Mr. Kraus: This was a few years before I joined the City ofMiami, butt can tell you that the tests were in the development phases due to the consent -- to the federal order. Commissioner Sarnoff. Okay. Mr. Kraus: The federal order specific to develop those examinations in 1998/1999. The order came in May of 1999, and the release came later on a few months later in 1999 for police captain and police sergeant. Commissioner Sarnoff. So, again, my question bears I think some consideration. If in 1998 this firm was hired, had the practices changed so vehemently? Had there been a test result? Had there been some modification that ajudge, a federal -- very good federaljudge, Judge Shelby Highsmith, determined that it was in the best interest of the City ofMiami that now they were no longer subject to his consent decree of May 1999? Mr. Kraus: Yes. There were major modifications to the testing process, which led to the release. And that -- those -- as well as what we apply to the Fire Department. Commissioner Sarnoff. Just to answer the citizens' questions, I think what they want to hear is somebody from the City -- I think you might even have historical knowledge 'cause 1999 is not that long. Before they spend $400, 000 on this particular facility, you know, I think Mariano Cruz, who I think does represent taxpayers, though he is not a taxpayer, wants to know that there is a return on the investment by the City ofMiami, ROI (Return On Investment), as a result of this firm's hiring. Now what I've heard you say, only one person has sued since 1998. Is that a correct statement? Mr. Kraus: To my knowledge, yes. Commissioner Sarnoff. Okay. And that's, Madam City Attorney, I think a brand-new lawsuit? Julie O. Bru (City Attorney): Correct. I think there's a pending claim right now from a firefighter who alleged that there was some graph missing -from the test that was administered and it's being handled. The claim is being handled. I think he went to the Civil Service Board and Civil Service Board did not uphold the challenge, and I think now there's an original action filed in court that we're litigating. Commissioner Sarnoff. And having read the contract and looking at paragraph 11 of the indemnification clause, probably the best indemnification clause -- my hat's off to you, Madam City Attorney, on reading an indemnity clause that I think incorporates the most recent case law. However, looking at the new indemnity clause that is now being promulgated by the testing agency, vendor -- what shouldl call them? Chair Gort: Vendor. Commissioner Sarnoff. Vendor, okay, the vendor. Thank you, Mr. Chair. So having looked at the new indemnification clause of the vendor, it is replete and subtracts a great many acts that City ofMiami Page 12 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 the original indemnification clause had. Why would we negotiate that if they're looking for an extension? Mr. Kraus: I believe that -- and I'll defer to the -- Ms. Bru: No. We're going to recommend on the floor that we modn5, the amendment to delete that new version of the indemnification clause. It's not necessary. There is already a very well written indemnification clause in the original agreement. It's not necessary. It's superfluous and it is in fact less protective of the City. So that will be a modification on the floor, to delete from the amendment -- the amendment should only concern itself with the extension and the description of the compensation under the amendment. So that language that you were citing to, Commissioner, I fully agree with you. We would recommend that it be deleted. Chair Gort: Okay. Commissioner Sarnoff.. You know, I don't -- I'll be candid with you guys. I mean, I'm having a little trouble believing that you hire somebody in 1998 and by May of 1999, you've convinced a federal judge things have changed, but that's what you're telling me. I just have a little bit of a jaundiced eye on that. I think a lot of the taxpayers do too, but I think there is some proof in the pudding from 1999 to today you've only had one claim filed. That's a pretty good record for the City ofMiami. But let me ask you this, how many lieutenants, sergeants, et cetera, exams have you conducted from let's say 1999 to 2011? Mr. Kraus: To my knowledge, approximately 12 processes. Commissioner Sarnoff.. Twelve exams. Mr. Kraus: Twelve exams. Commissioner Sarnoff.. That's a pretty good record. Chair Gort: Let me ask you a question. I think the question is people -- I think everyone here has taken a test. A simple sheet of paper, you put it in front of you, and you take it and that's it. People do not understand the procedure. What I would like for you to do in answering the question and see if it answers a lot of our questions, what is the procedure of conducting this test? What are the duties? What do they have to do? Is it legal involvement? Is psychology involvement? What's involved in the test? Mr. Kraus: The process of developing a promotional process for the Fire Department for these ranks is approximately 20 months from inception to the final register. Within that, the City, as well as the test developers, work together to meet with what we call subject matter experts. Those individuals, chieffire officers, fire captains, lieutenants who are out in the field doing their work -- for example, a captain who is in charge of a station, a chieffire officer who is in charge of a division, and also the incident commander when there is an incident. The test developer and the City work together to ensure that information -- adequate information is provided to the test developer so they can begin to develop an examination that is specific to the City ofMiami, to the needs, the concerns of the citizens ofMiami. That process takes approximately six months. What results afterwards -- and there's a back and forth. Test security is a huge concern and that's included in the process. But what happens after about six months is that we have an examination that's geared to select individuals for the position. For example, the fire lieutenant position is a first -level supervisory position. To fill out and answer questions, multiple-choice questions, the science has seen that as not the most appropriate. What these individuals need to do -- because what they do is they ride on the rescue trucks. Sometimes they're on the pumpers, but mostly they're on the rescue trucks and they have -- they supervise firefighters. In that case, it's less of answering questions, multiple-choice questions than to make decisions given the City ofMiami Page 13 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 scenarios. And so the examinations are geared toward extracting the abilities or allowing the candidates to show their ability in making decisions when it counts, when they're at a situation, when there needs to be a decision made by a supervisor, by an officer. And that just continues to the rank of fire captain and as well as the chief fire officer. As you can imagine, the scenarios get more intense, they impact more lives and property, but these examinations are developed to that end. We, the City, with the test developer, conducts a very thorough what we call job analysis basically to see what the job is about. It's very complicated jobs and that's the foundation to develop these examinations. At the end, what you have is a legally defensible process, which is required because what we call this is high -stakes testing and this is not just in the City ofMiami. It's in -- nationwide. I mean, you may have seen recent Supreme Court cases, the (UNINTELLIGIBLE) 10:11:18 case. The city of Chicago is involved in a case with a huge, multimillion dollar settlement that's -- it's currently in progress. The state of New Jersey was involved in a process which cost the city several hundred thousand dollars. All in all, what we do in the City is to ensure that we have the best possible selection device to choose the best people -- select the best people on the job -related criteria in order to make sure that we have the best people doing the job, protecting our citizens and protecting the property in the City of Miami. Chair Gort: Thank you. Any other question? Public hearing's been closed? Yes, ma'am. Commissioner Spence -Jones: I just have -- I think Commissioner Sarnoff had some interesting comments. So I just wanted to real fast -- I would like to hear from the Administration or at least the Fire Department because I think it's important that -- you guys are the ones that are actually involved in this process. I would like to hear from your -- I mean, HR, I've heard it from your perspective, but you know, from -- in your own words, you know, why do you feel that it's definitely necessary to have this in place and to have support for this item. Reginald Duren (Deputy Chief Fire -Rescue): Well, I thinkl can only reiterate -- Commissioner Spence -Jones: Name -- Commissioner Sarnoff. Got to put your name. Commissioner Spence -Jones: -- for the record. Deputy Chief Duren: Thank you. Deputy Chief Reggie Duren, Fire -Rescue. I can only reiterate what the doctor said. The fact of the matter is that initially when I came on the job back in '82, the City was operating under consent decree. Through many testing and validation processes and assessments, they managed to obtain a test from a company such as this that were proven to be fair and equitable and withstood the tests involved in the court hearings. I find them also to facilitate us getting better and more effective officers because part of the testing process takes you through a scenario -based event and assessing your abilities to deal with the pressure, with time constraints, with restrictions, with limited resources to really see how the individual will perform under actual stress involved. So to that degree, the assessments that are in process which we use here in the City seems to be very effective. I think we have some very efficient and proficient officers within our organization and this has been proven (UNINTELLIGIBLE) 10:13: 24 again and again. Commissioner Spence -Jones: Right. I think it's always important to hear from the department that's really going to be affected by it. If you would have got up here and said something totally different, you know, not in support for whatever reason -- which I think part of this is making sure the public understands what's going on because a lot of times we see these numbers and you look at, okay, you know, we're talking about three positions and they're just equating three positions to $380,000. In their minds, that's what they see, you know. But when you get up and you explain it and make sure that people really get it, it makes more sense. So I thank you for at City ofMiami Page 14 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 least elaborating on it so that we all understood. Deputy Chief Duren: Thank you for the opportunity. Chair Gort: Thank you, Chief. Any further questions? By the way, I believe it's very important that we all understand we're a Miami team, we all have to work as a team. We all got to talk to each other, and if there any debugging that needs to be done, it's got to be done. Commissioner Spence -Jones: Mr. Chairman, I just want -- I'm sorry, one quick -- one question I had written here. This was contemplated in the budget already, correct? Deputy Chief Duren: Yes, ma'am. It was already addressed -- Commissioner Spence -Jones: So this -- Deputy Chief Duren: -- in the budget. It's simply an extension to an existing contract. Commissioner Spence -Jones: Okay, no problem. Chair Gort: Thank you. Any further discussion? Do I have a motion? Commissioner Sarnoff. So moved. Chair Gort: It's moved -- Commissioner Spence -Jones: Second. Chair Gort: -- by Commissioner Sarnoff, second by Commissioner Spence -Jones. All in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: No nays. PH.2 RESOLUTION 11-00931 Department of Risk A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Management ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"), FOR THE PROCUREMENT OF EMPLOYEE HEALTH BENEFIT PLAN ADMINISTRATION SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH CONNECTICUT GENERAL LIFE INSURANCE COMPANY,THE EXISTING PROVIDER FOR SAID SERVICES, ON A CONTRACTUAL BASIS FOR A TWO (2) YEAR PERIOD, EFFECTIVE JANUARY 1, 2012 THROUGH JANUARY 1, 2014, WITH NO OPTION TO EXTEND, IN AN AMOUNT NOT TO EXCEED $2,711,486 FOR TWO (2) YEARS; ALLOCATING FUNDS FROM THE GENERAL OPERATING BUDGET OF THE DEPARTMENT OF RISK City ofMiami Page 15 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 MANAGEMENT, ACCOUNT CODE NO. 05002.301001.523000.0000.00000. 11-00931 Summary Form.pdf 11-00931 Memo - Employee Benefit Health Plan.pdf 11-00931 Notice to the Public.pdf 11-00931 Memos - RFP Employee Benefit Health Plan.pdf 11-00931 Legislation.pdf 11-00931 Exhibit 1.pdf Motion by Commissioner Suarez, 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-11-0450 Chair Gort: PH.2. Calvin Ellis: Good morning. Calvin Ellis, director of Risk Management. It's a resolution of the Miami City Commission, with attachments, by a four fifths affirmative vote, after an advertised public hearing, raging, confirming, and approving the City Manager's recommendation and written findings, pursuant to Section 18-85(a) of the code of the City ofMiami, Florida, as amended, waiving the requirements for competitive sealed bidding procedures as not being practicable or advantageous to the City ofMiami, for the procurement of employee health benefit plan administration services; authorizing the City Manager to negotiate and execute a professional services agreement, in substantially the attached form, with Connecticut General Life Insurance Company, or CIGNA, the existing provider for said services on a contractual basis for a two-year period, effective January 1, 2012 through January 1, 2014, with no option to extend, in an amount not to exceed $2, 711, 486 for the two years; allocating funds from the general operating budget of the Department of Risk Management. Chair Gort: Could you do me a favor and explain to the public and to ourself [sic] what are the duties and performance of CIGNA under this contract. Mr. Ellis: The City's group benefit program is a self -insured program. CIGNA provides administrative services and also they have a network of providers that they are contracted with. So for instance, if one of the employees or retiree needs medical services, they go to the CIGNA network, in which a provider provides those medical services at an agreed -upon rate. CIGNA ensures that the employee is not charged any amount in excess of the contractual rate. It's an agreed -to fee schedule. And they make sure that the utilization is proper, that the billing's proper, that the employees are receiving the right kind of medical treatments in terms of their diagnosis and making sure that we administer the program effectively. And on a time to time basis, they will reevaluate their providers, ensuring that they're properly certified and that they meet stringent quality control procedures. Chair Gort: My understanding, in the extension of this contract that you're requesting you made some changes that bring some savings to the City? Mr. Ellis: That is correct. We negotiated and, you know, CIGNA in their commitment and their concessions, we're looking at an approximate savings in excess of $2.8 million over the next two years. Chair Gort: Okay. Thank you, sir. I open public hearing now. Mariano Cruz: Yeah, public hearing. Mariano Cruz, 1227 26 Street. As a City resident, you know, and family that City employees and they -- I hear to the complaints they tell me about the health benefit that they get and they pay so much and they get very little (UNINTELLIGIBLE) City ofMiami Page 16 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 10:18: 08 -- I say, no, I don't need it because I go to the VA (Veterans' Administration), but I have a choice of so many health. Blue Cross -- I got Blue Cross/Blue Shield for the family, the union have one, the other -- there were so many different choices that you got, but the City employees, CIGNA, all that. You know, and that shouldn't be like that way with so many providers out there that we be -- no, better competition and you get more for the money they pay because the people - - I got family that say we paying so much and we got so high copayments and this and that and that. It's really, really hard on the people and people that make money. Consider the City employees that make little money. And some of the City employees don't even have any insurance and they -- I don't know how they live 'cause I got the VA. I got at the time Blue Cross/Blue Shield for the family. My wife got problems, got a lumpectomy, everything, everything taken care with no money out of pocket under the catastrophic insurance -- catastrophic provision of the insurance. Eleven thousand -- twelve -- twenty thousand one day at the hospital, one day cost twenty -- and they pay everything, Blue Cross/Blue Shield. Oh, I don't know if CIGNA pays that. I don't think they pay that. I question that because I am not a City employee, butt got family that's City employee and the City -- I deal with City employees in my neighborhood too. So I -- make sure we get the most for the money that we pay. Chair Gort: Thank you, sir. Anyone else? Anyone else from the public? Close the public -- Yes, sir. Anthony Hatten: Anthony Hatten, union president, Local 1907. I don't see any problem with extending it for CIGNA personally. Chair Gort: Thank you, sir. Anyone else? Joe Simmons: Joe Simmons, Jr., president ofAFSCME (American Federal of State, County and Municipal Employees) Local 871. I think one of the issues we've had with the insurance, CIGNA - - and know you want to extend the contract -- is providers. A lot of times we get retirees that, you know, a lot of them paying $1, 000 a month for the healthcare premium which they don't get a tax break on. There is a problem with getting providers. Like, let's say for example -- I'll use one example, this one personal, my mother. My mother is a beneficiary of this plan. She suffers from a condition called varicose veins and it came from because she worked on a farm when she was young. She has broken vein in her legs and she needed to get compression stockings. So we went through the process of going through all of that, and they said, well, go to Provider `X. " Provider `X" is 110 miles away, and that particular company has an office locally 2 miles from my home. Not only my mother, but there are a number of other retirees have the same issue when there are local providers in the town where they live in, but they have to go two hours away, they'll say to go to a primary doctor when I, as an employee, can go online 'cause I have an account through CIGNA, put in a ZIP (Zone Improvement Plan) code and it may show, let's say 100 providers. But I'm just trying to understand why is it there's difficulty getting treatment - - they're paying like $1,000 a month. It's a lot of money for one -- you know, for a family, andl think that needs to be looked at and addressed. I understand, you know, people are not necessarily happy with the changes the City imposed in '010 [sic], but there needs to be better understanding of how things can be done so benefits can be provided. A lot of it has to do with, you know, let's say an employee goes to the doctor and they go to the doctor expecting a certain examination. And the doctor -- it's like a bait and switch, I think it is. You go to the doctor and the doctor says, okay, you're going for, let's say, a physical. The doctor say, hey, how you feeling? Well, I've been fine, doc, you know, except had this little pain in my neck. Well, then that's a separate charge. And the people don't know CIGNA has a person assigned for that. We've been able to address a lot of those things. But I think specifically retirees issue need to be addressed because if -- when they have a problem, they call us. They call the pension office, so got to bring it to you guys. Thank you. Chair Gort: Thank you. Anyone else? Okay. City ofMiami Page 17 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Commissioner Suarez: Mr. Chairman, ifI can just -- Chair Gort: Yes. Commissioner Suarez: -- ask Mr. Ellis one quick question. And it kind of goes to the point that Mr. Simmons made, which is I think we've had discussions in the past about the possibility that a lot of healthcare companies are maybe going away from the PCP (Primary Care Physician) model of having a primary care physician as kind of the -- Mr. Ellis: Gatekeeper. The gatekeeper. Commissioner Suarez: Yeah, the gatekeeper -- Mr. Ellis: Yes. Commissioner Suarez: -- the arbiter of -- andl think a lot of times that frustrates people because they have to go there -- I know I've had to do it. I've had to go there and sit for two, three, four hours at a PCP office just for them to do something very, very simple, you know, and so you waste, you know, an entire day or half a day and then they give you a prescription for some very, very simple medicine or they refer you to a specialist that you knew if your leg was hurting and you have a broken bone you knew you had to go to in the first place. So can you maybe shed some light on that and maybe inform our employees as to maybe how that may develop in the future so that there's more efficiencies there? Mr. Ellis: No, absolutely. And you know, that was one of the major plan changes that we saw when we moved from the HMO (Health Maintenance Organization) model to the current point of service model is there's no longer a requirement to go to your primary care physician in order to go to a specialist. Secondly, to answer the two questions that Mr. Simmons presented, number one, CIGNA administers the plan according to our plan documents, so the City designs its plan and benefits accordingly. So it's not CIGNA's responsibility that we don't provide coverage for a certain condition. However, in this particular instance regarding the varicose veins with the stockings, that is a plan enhancement that we're looking towards implementing for 2012. Commissioner Suarez: He did bring up another issue that I think is a very good point, which is when you're talking about a network, if you have a facility that's two miles away that's very, very close and in the locality, I think the provider should make all efforts to have that particular facility activated within the network so they don't have to drive 110 miles, you know, to get a service that they could get two miles away. Mr. Ellis: Now you're absolutely correct and, you know, that's a great point. One of the reasons we've selected CIGNA and stayed with CIGNA is they have the most extensive network in South Florida. I mean, fortunate or unfortunately, a lot of our retirees move out of the area and, you know, they move into remote locations. We had a retiree from New Zealand called wanting us to provide coverage for him in New Zealand. But you know, we try to accommodate them as much as possible but when some of them, you know, move to rural locations, I mean, it doesn't matter who your plan administrator is, they're going to have difficulty finding a provider within say a 5-, 10-, or 25-mile radius. Chair Gort: Thank you. Yes. Commissioner Sarnoff.. You know, the City has over a hundred retirees in Tennessee, and if you've ever looked at -- yeah, if you ever look at the Tennessee medical plans, they're far and few between. So a lot of the issues you're going to be facing with retirees, there's an entire community of ex -City ofMiami employees in Tennessee. So we're never going to be able to craft something to satisfy everybody. And you know, for whatever it's worth, my experience with City ofMiami Page 18 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 CIGNA was great, absolutely a stellar performance with CIGNA. They were responsive. I paid my deductible. If y'all remember, I came in with crutches. I think you got me the crutches. And I went through rehab. And if you live in Miami, it was -- it's very easy to deal with them. And by the way, the accident happened in Colorado, so the network went as far as Colorado. I couldn't say -- I think this is a great plan. I think this is a great renegotiation, if you will, that you've done. Andl certainly support it. Chair Gort: Thank you. Yes, ma'am. Commissioner Spence -Jones: Thank you, Mr. Chairman. I just have a couple questions really fast, and I think some of them you might have addressed. Just going to piggyback on Joe and Commissioner Suarez on the issue of retirees. Andl thinkl might have -- or my staff might have mentioned to you some of the complaints or concerns that I've been receiving in my office from the retirees, and I'm talking about, you know, people that are 70 and 80 years old, where they're already living on a fixed income for whatever reason. And as you know, the economy's in, you know, what it is, where they might have been spending 160, now they're close to $400, which may not seem like a lot of money to individuals, but -- to anyone, but for them to have that increased amount, you know, of funds that they now have to pay, that was one of the concerns. I know that we just kind of somewhat addressed it andl know we -- a lot of times, we don't think about, you know -- we think senior and we think, you know, not 70, 80, but there are a lot of them out there that's going to be affected by -- that's being affected by it now. So I just wanted to have you give me a response on that. I'm assuming the reason why it's happening is because of what's happening in the City right now. I just didn't know if there was any other way to address it besides them having such a large increase in payment. And then the second part of that I had was -- question I had was on urgent care. I'll give you a prime example. My son playing football about two weeks ago, we thought he had broken his finger so we took him to an urgent care. And sometimes we go to urgent cares faster than going to a hospital because we can get in and out. So when you have small babies, you go a lot. Mr. Ellis: Right. Commissioner Spence -Jones: So my question, however, is the couple of times we went prior to that, I believe the deductible was -- what was it, like $50, I believe, we would pay to go to that. Mr. Ellis: Yeah, currently I believe it's 75 for urgent care. Commissioner Spence -Jones: Okay. This time it was 200. Mr. Ellis: Emergency room services are 200. Urgent care should not be charging you $200. I mean, we will look into that -- Commissioner Spence -Jones: Yeah. Mr. Ellis: -- specifically -- Commissioner Spence -Jones: Okay. Mr. Ellis: -- and get to the bottom of it, but the reason we increased the deductibles -- Commissioner Spence -Jones: Yes. Mr. Ellis: -- or the co pays specifically for the emergency rooms is because we really saw an over -utilization. Commissioner Spence -Jones: Okay. City ofMiami Page 19 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Mr. Ellis: And since we've moved to the increased co pays with emergency rooms, we've seen about a 30 percent reduction in the frequency of usage, so we've definitely moved in the right direction. Commissioner Spence -Jones: Right. Mr. Ellis: But an urgent care should not be charging you $200, so we will look into that specifically. Commissioner Spence -Jones: Okay, no problem. And it's not just for me. I just want to make sure when I saw the difference -- I mean, literally, you know, we went in one time which was like maybe a month prior to that, and then we went back to the same place, different condition but $200 this time. So I don't really want it to focus on me, but I can only imagine for a parent or an individual that -- you know, a City employee that might have the same situation, so I definitely would like to, you know, have a greater understanding of that. Mr. Ellis: No, absolutely. Andl think an opportunity for improvement for us internally is to communicate to the employees what their benefits are, what they should be paying and how they can more effectively manage their medical cost. And back to your question in regard to the retirees -- Commissioner Spence -Jones: Yes. Mr. Ellis: -- I mean, it was a tough, tough decision to look at increasing their contributions. I mean, you know, currently the City is subsidizing the retirees by -- in excess of 50 percent of their premiums. So we moved the bar a little bit to where the City's reducing its contribution to 25 percent, but we fully understand and appreciate their physical constraints and we are looking at options for both the post-65 retirees and the pre-65 retirees. Commissioner Spence -Jones: Yeah. Andl think that's extremely important, I mean, to be able to maybe break it down by age category or whatever because it is extremely difficult for them. And then I know that the budget situation for us is not going to get better next year so we're going to have different considerations. So -- Mr. Ellis: Right. Commissioner Spence -Jones: -- I just would not want them to constantly be squeezed for whatever reason every time we have an issue around the budget. So this is already a major increase for them, so I'm just hoping that we are looking at other options. Mr. Ellis: Right. I just want to reiterate that that is an administrative policy decision and CIGNA is outside the scope of that. Commissioner Spence -Jones: I understand, but I thought it was important for me to communicate it 'cause we have gotten a lot of complaints on it. Mr. Ellis: Understood. Chair Gort: Thank you. What I'd like for you to do, if possible, each department should be aware of the plan, what do they have, what are the conditions, what are the copayments. I think there's a lot of people that are not aware or know the program as a whole, so it's important that education -- continue education to employees. Second thing is 65 and older, they have Medicare. City ofMiami Page 20 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Mr. Ellis: Medicare. Chair Gort: Does that play a role also? I mean -- Mr. Ellis: Absolutely. You know, we had -- there's a certain kind of priority of payments in terms of when you're Medicare eligible. That's why their premiums are actually lower. Chair Gort: Okay. Commissioner Suarez: Mr. Chairman. Mr. Ellis: It's a -- Chair Gort: Thank you. Mr. Ellis: -- coordination of benefits. Chair Gort: Thank you. Yes, sir. Commissioner Suarez: I move the item. I just wanted to make one last comment. Commissioner Spence -Jones: Second. Chair Gort: Moved by Commissioner Suarez, second by Commissioner Spence -Jones. Commissioner Suarez: And it just dovetails on what Commissioner Spence -Jones said. I think, you know, what she mentioned earlier was that we can't talk amongst each other so sometimes when an item comes up, we want to talk about something a little broader than the item and it goes to the whole notion that we've discussed on a variety of different occasions, which is, you know, negotiating early. We just finished our contract year, obviously, with our unions and we're very, very proud of the fact that we did enter into contracts with all of our unions, but those contracts expire at the end of this coming fiscal year. So I think the point that she was making is that we have to listen to our employees and to our labor unions to see exactly, you know, where the tensions are so that when we make our executive decisions, when we make our administrative decisions, they're reflective of what, you know, their priorities are and, you know, to the extent that we can incorporate them listening to where are the issues that they feel most sensitivities. Mr. Ellis: Absolutely. Vice Chair Carollo: Mr. Chairman. Mr. Ellis: Thank you. Chair Gort: Thank you. Yes, Commissioner -- Vice Chair Carollo: Thank you -- Chair Gort: -- Vice Chair. Vice Chair Carollo: -- Mr. Chairman. First of all, I'd like to begin by saying that I was glad to hear Mr. Hatten, you know, come to the podium and say that he was okay with this plan because during the imposition on the health plans, I heard a lot of complaints from the employees. So it seems like some of those complaints have dwindled down and, you know, that's important to me. At the same time, I'm seeing that the last time we went into an RFP was over seven years ago. Is that correct? City ofMiami Page 21 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Mr. Ellis: Actually in 2004, effective January 2005 for the 2005 plan year. Vice Chair Carollo: So more or less around that time, seven-year -- Mr. Ellis: Correct, seven years. Vice Chair Carollo: -- span. So, you know, I don't know if there's really, you know, a better plan out there, if we could get, you know, more bang for our buck. I'm not sure. One of the things thatl am seeing is that this is a two-year contract. Is there any reason why it's a two-year contract and not a one year? Mr. Ellis: Yes. I mean, a lot of the concessions that we were able to negotiate were predicated on a two-year time period. That's a key consideration. You know, just for my own efficacy, I wanted to make sure that we were getting a good deal so I reached out to some of my peers in the other municipalities, some of those that, you know, are with CIGNA. Even though they went to an RFP process, in the majority of the cases -- actually, in all the cases, they remained with CIGNA. And evaluating the results from their RFP process compared to what CIGNA has committed to the City ofMiami, we are substantially ahead of what they were able to gain through an RFP process. Vice Chair Carollo: And question, when you say that that's where -- when we had the concessions from them for this year, is that also going to be for next year? Mr. Ellis: Actually, the major concessions are for plan year 2012 and 2014. Vice Chair Carollo: So it's a two-year period? Mr. Ellis: Correct. And as an additional in -- consideration, CIGNA's also enabling us to benefit from the pharmacy rebates for the current plan year, which amounts to approximately $640,000. Vice Chair Carollo: Okay. I just wanted to veri. And obviously, in your opinion, you are strongly recommending that we approve this plan, correct, for the next two years? Mr. Ellis: Correct. Vice Chair Carollo: Okay. I had another question but I'll withdraw it. It appears like you've answered it. Mr. Ellis: Thank you. Chair Gort: Thank you. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. END OF PUBLIC HEARINGS ORDINANCES - FIRST READING FR.1 ORDINANCE First Reading 11-00799 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Facilities 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS City ofMiami Page 22 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 AMENDED ("CITY CODE"), ENTITLED "PARKS AND RECREATION/IN GENERAL", MORE PARTICULARLY BY RESCINDING IN ITS ENTIRETY, SECTION 38-8, ENTITLED "USE OF MANUELARTIME COMMUNITY CENTER"; FURTHER AMENDING CHAPTER 53 OF THE CITY CODE, ENTITLED "STADIUMS AND CONVENTIONS", BY CREATING A NEW ARTICLE V, ENTITLED "MANUELARTIME COMMUNITY CENTER', AUTHORIZING THE ADJUSTMENT OF VARIOUS RENTAL FEES FOR USE OF THE MANUELARTIME COMMUNITY CENTER; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00799 Summary Form.pdf 11-00799 Manuel Artime Fee Analysis.pdf 11-00799 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones FR.2 ORDINANCE First Reading 11-00940 Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 38/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "PARKS AND RECREATION/USE REGULATIONS," AND CHAPTER 45 OF THE CITY CODE, ENTITLED "PUBLIC ORDER', TO REMOVE LANGUAGE INCONSISTENT WITH SECTION 790.33 FLORIDA STATUTES, AS AMENDED, MORE PARTICULARLY BY REPEALING SECTION 38-55, ENTITLED "FIREARMS, EXPLOSIVES OR AIR POWERED WEAPONS", TO REPEAL THE PROHIBITION OF POSSESSING FIREARMS IN PARKS AND BY AMENDING SECTION 45-4, ENTITLED "SAME -DESIGNATED", TO REPEAL THE REGULATION OF FIREARMS DURING A DECLARED STATE OF EMERGENCY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00940 Memo - Office of the City Attorney.pdf 11-00940 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, 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 Gort: FR.2. FR.2, anyone? George Wysong: George Wysong, assistant City Attorney, City ofMiami. FR.2 is an ordinance essentially repealing two provisions of the City code that relate to firearms. This past legislative session the Florida Legislature adopted House Bill number 45, which essentially -- the best way to explain it is to read their intent. It is further the intent of this section to deter and prevent the violation of this section and the violation of rights protected under the constitution and laws of the state related to firearms, ammunition or components thereof by the abuse of official authority that occurs when enactments are passed in violation of state law or under color of local or state authority. Previously the statute had preemption language, meaning that only the Florida Legislature could adopt laws relating to firearms. However, this past session I guess they wanted to express their intent saying we really meant it. Consequently, they've added some prohibitions and penalties that basically say if a city or county attempts to adopt or enforce any City ofMiami Page 23 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 regulations relating to firearms, they can -- a permanent injunction can be issued. The person who -- the local government official who willfully or knowingly adopts or enforces such a regulation will be assessed a civil fine of $5, 000. They can be removed from office or terminated Commissioner Suarez: Move it. Mr. Wysong: -- from employment and so consequently we are removing those provisions. Commissioner Sarnoff.. Second. Mr. Wysong: One is gun -- am I overselling? Commissioner Sarnoff.. The point is that you don't have -- Chair Gort: It's been moved by Commissioner -- Commissioner Sarnoff.. -- a choice, right? Mr. Wysong: We don't have any choice, exactly. Commissioner Sarnoff.. That's okay. Commissioner Suarez: Exactly. Chair Gort: Been moved by Commissioner Suarez, second by Commissioner Sarnoff. This is something that I feel very sorry that I have to vote for this because I think it's very dangerous to have people walking into a park with guns. But what can I tell you? That's the legislator. Okey-doke. All in favor, state it by saying "aye." The Commission (Collectively): Aye. Priscilla A. Thompson (City Clerk): I'm sorry, Chair. It's a first reading ordinance, so we need to have a public hearing. You have to open it, close it, and then there has to be a reading. Chair Gort: Public hearing. Is anybody like to address the demand by the state legislators? Okay. Being none, we close the public hearings [sic]. Read it. Julie O. Bru (City Attorney): Mr. Chair. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Roll call. Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Vice Chair Carollo? Vice Chair Carollo: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff.. Yes. Ms. Thompson: Commissioner Suarez? City ofMiami Page 24 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 FR.3 11-00882 Department of Building Commissioner Suarez: Yes. Ms. Thompson: Chair Gort? Chair Gort: I guess I have to vote on this. Yes. Ms. Thompson: The ordinance has been passed on first reading, 5-0. Chair Gort: Okay. Thank you, George. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS/IN GENERAL", MORE PARTICULARLY BY AMENDING SECTIONS 10-4 AND 10-5, IN ORDER TO CHANGE THE SCHEDULE OF FEES, AND WAIVED FEES RELATED TO THE PROCESSING AND ISSUANCE OF BUILDING PERMITS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00882 Summary Form FR/SR.pdf 11-00882 Legislation FR/SR.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones FR.4 11-00987 City Manager's Office ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 53 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STADIUMS AND CONVENTION CENTERS/ IN GENERAL, MORE PARTICULARLY BY AMENDING SECTION 53-1 TO INCREASE THE RATE OF SURCHARGE PAYMENT ON PAID ADMISSIONS, ALLOWING THE SURCHARGE TO APPLY WHERE TICKETED EVENTS OCCUR IN THE PUBLIC RIGHT-OF-WAY, AND PROVIDING FORA CERTAIN PORTION OF THE TICKET SURCHARGE TO BE ALLOCATED SPECIFICALLY TO FUND PARADES, COMMUNITY EVENTS, AND COMMUNITY PROGRAMS, AS APPROVED BY THE COMMISSION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00987 Summary Form FR/SR.pdf 11-00987 Facility Fee FR/SR.pdf 11-00987 Memo -Amdmnt to Ticket Surcharge SR.pdf 11-00987 Legislation SR (Version 3).pdf SPONSOR: COMMISSIONER MICHELLE SPENCE-JONES Motion by Commissioner Spence -Jones, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones City ofMiami Page 25 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Chair Gort: (INAUDIBLE) afternoon session. My understanding, Madam --I'm on. I understand you left RE. 4. Priscilla A. Thompson (City Clerk): Actually, Chair -- Chair Gort: FR.4. Ms. Thompson: -- we do have FR.4 still to be dealt with, and then your REs (Resolutions) and on down our list. Chair Gort: My understanding, it was an item that the -- I believe it was R.4 [sic] -- FR.4. Commissioner Spence -Jones: FR.4. Chair Gort: Yes, ma'am. Commissioner Spence -Jones: Yes. And -- Chair Gort: Discussion. Commissioner Spence -Jones: Thank you. It's not really a long discussion. I just really -- I know we'll bring back the item. We still -- I think the Administration still has some more work to do on it anyway, but I did want to at least get the feedback 'cause I know that there are some concerns around it, and l just wanted to be clear with my fellow colleagues. The whole purpose of it really is to at least create some sort of revenue stream so that we can continue to provide, you know, programs to our parks and programs -- not programs, but festivals and things that we need to have in our neighborhoods. So whether or not it be -- I'm fine with whatever adjustments that you guys feel we need to make. I understand that there's a feeling of -- you know, having an additional fee attached to the surcharge fee is a concern. I'm just saying let's look at the existing areas and cities and, you know, venues that -- and let's just come up to -- if nothing else, let's come up to the standards of what other venues are doing. So I just want you guys to know I'm not like strapped on this one way or the other. I just want to figure out a way we could do it. I do believe that as we reach out -- as we continue to prepare for next year, we're going to have -- and we already know we're going to have a serious budget issue -- these revenue streams are going to be extremely important. So I just want us to start looking at other alternatives because I don't want our residents and our constituents and the children of our res -- of our constituency to suffer from it either. So that's really it. Just -- you know, I just want us to be able to work through whatever it is, whatever way you guys want to make it happen, I'm cool with it. I just want to make sure that it is an option. Chair Gort: Okay. Commissioner Spence -Jones: Any thoughts on it? I know -- 'cause I know that there's a few. Vice Chair Carollo: Mr. Chairman. Chair Gort: Vice Chairman Carollo. Vice Chair Carollo: Thank you, Mr. Chairman. Andl appreciate you saying that, Commissioner Spence -Jones. And you even said it earlier today, that, yes, I drill down on the numbers a lot. And realistically, I want to make sure that, yeah, I drilled down a lot more on these numbers. I want a lot more explanation with regards to like what would be the estimated revenues at each venue that we, you know, plan on receiving. What will be the impact on each of the actual facilities -- City ofMiami Page 26 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Commissioner Spence -Jones: Yeah. Vice Chair Carollo: -- you know, from the various facilities, stuff like that. What -- you know, what do we plan on expending that at? I saw that you said a portion of it for, you know, the parades and so forth, but I want to get a little bit more feel of it, what that actually costs. In other words -- and this is where I'm going with 'cause I want to make sure that, you know, we are fiscally responsible too. Does that go to off -duty officers or to pay for in -kind services of police, fire, which, in many of these events, are needed as a requirement? Commissioner Spence -Jones: Yes. Vice Chair Carollo: Or is it to pay some type of consultant that is a entertainment person or party planner, for lack of better words. Commissioner Spence -Jones: Well, I think that the whole thought and idea -- andl know in the very beginning when we talked about this many, many years ago, it was really for, like you said, City services, or for to actually present actual events, to assist with -- 'cause some of these events still do need, you know, cash support. So I think that that -- the funds should be at least flexible enough, you know, that if we need it or you need it, we don't have this as an issue. All three of us have major parades coming up in Jan -- I know at least Martin Luther King's parade is coming up in January. If I'm not mistaken -- Vice Chair Carollo: Three Kings. Commissioner Spence -Jones: -- Three Kings and also Jose Marti. I don't know if you guys are still doing it. And then I know that -- well, I don't know where Commissioner Sarnoff went, but -- andl know he had some concerns too. So I just don't want us to be stuck with trying to figure out how we're going to pay for stuff that we all know our constituents feel as though it's important to them, you know. So for me the whole idea was always City services and then in some cases it is to -- if it is some sort of cash sponsorship, we vote on it no matter what -- Vice Chair Carollo: Agree. Commissioner Spence -Jones: -- to make sure everybody's happy with it. But I think it's important for us to have a fund definitely so we don't have it as an issue. Commissioner Suarez: Mr. Chairman, ifI may. Chair Gort: Okay. Yes, sir. Commissioner Suarez: I just want to kind of put what my concerns were on the record too since that's what -- Commissioner Spence -Jones: Yeah, sure. Commissioner Suarez: -- you've asked. I think obviously the surcharges are very nominal. I mean, they're very small amounts, $1.75, $2. I mean, it's not like -- Commissioner Spence -Jones: Yeah. Commissioner Suarez: -- you know, a major thing. The only concern that I have is -- and this has arisen in other contexts that have nothing to do with this -- Commissioner Spence -Jones: Yeah. City ofMiami Page 27 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Commissioner Suarez: -- 'cause I think obviously the objective is very good. Commissioner Spence -Jones: Yeah. Commissioner Suarez: I wonder sometimes -- and it kind of goes to a little bit of what the Vice Chairman says. What is the breaking point? Commissioner Spence -Jones: Yeah. Commissioner Suarez: And the reason why I say that is, you know, I know in special events, for example, we've already had people -- people who are doing special events in the City complaining a lot -- Commissioner Spence -Jones: Yeah. Commissioner Suarez: -- about the fees that we're already charging them. And to -- at some point there is a breaking point. Commissioner Spence -Jones: Yes. Commissioner Suarez: And what worries me is -- like for example -- and I'll give you an example from the private sector. And this is -- Commissioner Spence -Jones: Right. Commissioner Suarez: -- kind of silly and it's not exactly on point, but Netflix. Commissioner Spence -Jones: Yes. Commissioner Suarez: You know the company Netflix, they increased their per monthly fee by $6. Commissioner Spence -Jones: Right. Commissioner Suarez: They lost 800,000 customers and 25 percent of the value of the company. So what worries me is if we hit that break point, we may actually lose the whole event versus -- for a little -- and that's the worry that have -- Commissioner Spence -Jones: Yeah. Commissioner Suarez: -- and that's -- I just wanted to put that out there. Commissioner Spence -Jones: And so -- it's great that we have this discussion because, you know, both you and Commissioner Sarnoff, you know, your expertise is law. That's what you guys do. When you start talking, we listen 'cause we know, for the most part, you know, if it's not too insane, then we kind of go with whatever you guys say. When it comes to the numbers, you know, we know we kind of for the most part, go along with Carollo. The one thing that I do and I -- you guys know me for doing, if nothing else, you know I'm the event queen. So I'm always trying to do community events. That's the thing that I love to do. So I'm saying to you -- I'm not asking for us to go out of the round. I'm just simply saying let's at least become normal. You know, if other venues around us are charging a certain rate for -- as for a surcharge, I'm just saying let's be at the same rate as every other venue. And I'm just telling you, most of the people that are coming to Bayfront Park, Bicentennial Park or any other facilities that we may have are people that are not necessarily City residents. These are people that are going -- they go to venues all over the state of Florida, all over South Florida. You know, when they go to Broward City ofMiami Page 28 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 County, they're paying them $4 and that's not going to prevent somebody from saying, oh, I don't want to see -- I'm just using it as an example -- Bono, so -- 'cause I have to pay $4. That's not going to stop them. So it is -- to me, I think that if we are higher than normal, then yes, that's an issue. But if we're average like everyone else -- but 75 cents? I mean, we're in Stone Age. Come on, guys. So I'm just simply saying, let's just try to figure out -- I'm cool with trying to figure out a number that makes sense, but I'm telling you, we're going to start hearing from Carollo and you guys know this, we all are going to start talkingl say about -- what's six months from now, Marc? I don't know what month is that, May? The closer we get to budget -- Chair Gort: Sooner. Commissioner Spence -Jones: -- everybody -- Huh? Chair Gort: Sooner. Commissioner Spence -Jones: Right. So I'm just saying, let's start figuring out all kinds of ways to create revenue so we're not at crunch at the end. Chair Gort: Okay. Let me tell you how I feel about the whole thing. The City ofMiami at any one time is providing services to at least a million people. We have 500 residents that pay their taxes to maintain the City and its services. So these people with the special events and all that, they utilizing all our services, they utilizing all the facilities; I think a small tax is a good thing to do. I mean, let's face it. Look at -- our neighborhood has been -- because of the growth of Miami -Dade County, you suffer -- Commissioner Spence -Jones: Yeah. Chair Gort: -- I-95, I suffer 112, 836 -- Commissioner Spence -Jones: Yeah. Chair Gort: -- and 826. Commissioner Spence -Jones: Yep. Chair Gort: So that's something that we need to look at. Commissioner Spence -Jones: Yep. Chair Gort: At any one time, we have over a million people in the City ofMiami that we provide service to. Commissioner Spence -Jones: Yep. Chair Gort: That's why we came up with the idea of the surcharge for the service for the parking. Commissioner Spence -Jones: Yeah. Chair Gort: And don't have any problem with it as long as you set it fair. But also, we should look of all the other expenses that we have or charges that we have within the City and the special events and make sure we're equal all above. Commissioner Spence -Jones: Yeah. I agree. City ofMiami Page 29 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Chair Gort: Because I know there are certain departments that charge more to certain events and less to others andl think it should be flat across the board. Commissioner Spence -Jones: I agree. Chair Gort: So this is something that is going to come back to us. You're going to ask for a deferral? Commissioner Spence -Jones: Yeah, no. I'm fine with it coming back. And Administration, hopefully you guys heard it. And if we can come up with something that makes sense -- Chair Gort: Okay. Commissioner Spence -Jones: -- and make sure the Commissioners are comfortable with it, I'm more than fine with that. Luis Cabrera (Assistant City Manager): Yes, Commissioner. Chair Gort: Okey-doke. Mr. Cabrera: We're working on it right now. Chair Gort: Thankyou, ma'am. I appreciate it. Commissioner Spence -Jones: Thankyou. Chair Gort: And that's what I like about this Commission. We got a lot of talent in here. We discuss and we come up with the right solutions. Commissioner Spence -Jones: Right. Chair Gort: RE.1. Commissioner Spence -Jones: RE.1. Chair Gort: Yes, ma'am. Priscilla A. Thompson (City Clerk): I'll need a motion for the continuance of FR (First Reading) Commissioner Spence -Jones: So moved. Vice Chair Carollo: Second. Chair Gort: It's been moved by Commissioner Spence -Jones, second by Vice Chairman Carollo. Any further discussion? Ms. Thompson: The date, please, that you would like to reconsider this. Commissioner Spence -Jones: We could -- are you okay -- you guys have enough time for the next Commission meeting so we could be done with it? Chair Gort: What's the agenda -- Commissioner Spence -Jones: November the -- City ofMiami Page 30 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 RE.1 11-00301 Department of Capital Improvements Program Chair Gort: -- looks -- Commissioner Spence -Jones: December? Chair Gort: -- like for the 7th -- for the 17th? Mr. Cabrera: We can put it on the 17th agenda. Chair Gort: Okay. Commissioner Spence -Jones: Thank you. Zari, that gives you enough time? Chair Gort: I don't want to be here until 2 in the morning or 3 in the morning. Commissioner Spence -Jones: No. Chair Gort: Okay. She has to go to bed early and so do I Commissioner Spence -Jones: That's right. Chair Gort: Okay. Thank you. Okay, all in favor, state it by saying "aye. The Commission (Collectively): Aye. Ms. Thompson: Thank you. END OF FIRST READING ORDINANCES RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING PAYMENT IN AN AMOUNT OF $59,166.72, TO GIANNETTI CONTRACTING CORP., FOR THE NORTH BAYSHORE DRIVE DRAINAGE IMPROVEMENTS PROJECT, B-50658, IN CONNECTION WITH THE FINANCIAL INCENTIVE PROVISION INCLUDED IN THE CONTRACT; FURTHER AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $59,166.72; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. B-50658, FOR SAID PURPOSE. 11-00301 Summary Form 10/27/11.pdf 11-00301 Email - North Bayshore Drive - Bonus Payment 10-27-11.pdf 11-00301 Letter - Drainage Project CIP B#50658.pdf 11-00301 Pre-Legislation.pdf 11-00301 Legislation (Version 2) 10/27/11.pdf 11-00301 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones City ofMiami Page 31 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Note for the Record: Item RE.1 was deferred to the December 15, 2011, Miami City Commission Meeting. Chair Gort: RE.1. Albert Sosa: Good afternoon. Albert Sosa, director of Capital Improvements. RE.1 is a resolution authorizing payment to Giannetti Corporation, in the amount of $59,166.72, in connection with the financial incentive provision included in the contract. The resolution further authorizes a purchase order to be issued in that equivalent amount for payment on that item. As a little bit of background, this item, it's come before the Commission on a few occasions. The last time that this item was discussed, what we discussed was the fact that when the contractor had an original bonus language in his contract at the end of 2009, there were certain oral representations made to that contractor as to the addition of work and the request to defer portions of the work until after the bonus date of December 15. So my understanding of what happened at the time was that the CIP (Capital Improvements Program) administration in place, you know, verbally told the contractor, go ahead and defer this work basically. There were certain paving work and sidewalk restoration work that, for a variety of reasons, was asked to be deferred into the early part of 2010. And my understanding is that the CIP administration at the time represented to the contractor that they would be made whole in terms of this bonus provision. At the last Commission meeting, it was discussed that because the actual letter of the contract was not being met, for us to go back and negotiate a reduced amount with the contractor. So the original bonus amount was for approximately $76,000 and the amount that we have today before us is $59,166.72. Commissioner Suarez: Mr. Chairman. Chair Gort: Thank you. Yes, sir. Commissioner Suarez: Thank you, Mr. Chairman. Mr. Sosa, first of all, I want to thank you for, you know, trying to come to a solution on this issue. I have two pretty major problems with this item. One of them is that it appears that some sort of oral modification was made on the contract that I don't believe is enforceable. I've asked the City Attorney. She has stated to me that she doesn't believe that that oral modification is enforceable. That's one issue that I have with it. The second issue is that the contract calls for specific things to be done to substantiate the completion of the work. And as far as I can tell, none of that was done. And again, this proceeds [sic] you. This proceeds [sic] the person who proceeds [sic] you, which is Ms. Bravo. This has nothing to do with you. You know, the third factor being that I don't think the work was ever completed, substantially completed pursuant to at least the pictures that I've seen that have been shown to me as of the date that was -- they were supposed to be completed by. So, I mean, I have a major issue with this. I don't think can support the granting of this bonus which never -- for work that never was finished based on an oral representation that's not binding. That's just my personal opinion. You know, I -- my colleagues can agree or disagree, but that's where I stand on this issue. Chair Gort: Thank you. Anyone else? Commissioner Sarnoff. Mr. Chair. Chair Gort: Commissioner Sarnoff. Commissioner Sarnoff. I'm not aware of the work not being done. Is the work done? Mr. Sosa: I believe what Commissioner Suarez was saying was as of December 15, which was the original bonus date, the work was not complete and that is accurate. City ofMiami Page 32 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Commissioner Sarnoff. So ifI were to describe this in terms that understand, there was an incentive bonus in a contract that was duly authorized by the City ofMiami, correct? Mr. Sosa: That's correct. Commissioner Sarnoff. And that bonus would have provided by an effective date, you would have received "X" amount of dollars, correct? Mr. Sosa: If "X" amount of work was completed by this date, yes, a bonus payment of 5 percent of the contract value. Commissioner Sarnoff. And then you had an employee orally state to the contractor, don't do this work or delay this work and it won't affect your bonus. Mr. Sosa: That's my understanding of the events, yes. Commissioner Sarnoff. Is -- Do you have that in writing or is that pretty much --? Commissioner Spence -Jones: A conversation. Mr. Sosa: It was -- I have it -- I do not have it in writing. What I do have is -- the only thing I have in terms of e-mails (electronic) -- and I've done a little bit of research. What I've been able to find was we can see where members of the administration at the time were talking about, you know, other work to be done on the contract to be done in the early part of 2010, but I don't have an e-mail or anything like that that says, hey, don't worry about the bonus; you'll get paid. I don't have that. Commissioner Sarnoff. You know, Commissioner Suarez is right about the law. The law is pretty clear that you cannot have -- I think they describe it as a -- Commissioner Suarez: Oral modification. Commissioner Sarnoff. -- unscrupulous employee. You cannot have an unscrupulous employee or careless government employee alter or waive the terms of a written contract, thereby leaving the sovereign with potential unlimited liability. The point they're trying to make is -- I think the point that the Vice Chair likes to make a lot; it is the Commission that acts, not one Commissioner, not one employee. So when you get a meeting of the minds of three, you essentially have action of the City ofMiami. And you know, in this case, it's a little bit different than I think something we faced in the College of Policing when we had delivery of equipment -- Commissioner Suarez: Totally different. Commissioner Sarnoff. -- right, and we were using the equipment and there may have been a verbal statement from an employee. In this case, this is an incentive to get the work done. So I don't want to say soul searching 'cause I don't think it takes soul searching to do this, but I think good policy from this board, from the City ofMiami is that we start letting every contractor know that just because the CIP director, assistant director, project coordinator, some person not -- even the Mayor himself candidly, even three Commissioners who are standing arm in arm, it's not Commission action. And the only person that can take action is this Commission to go above a budgeted project. So I'm going to stand shoulder to shoulder with Commissioner Suarez and suggest that it's probably a good policy decision for other contractors to see that, you know, just because somebody says something to you, it doesn't change what the Commission action has taken. Chair Gort: Okay. Yes, ma'am. City ofMiami Page 33 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Commissioner Spence -Jones: And this is definitely -- this is in your district, right? Commissioner Sarnoff. It is. Commissioner Spence -Jones: I'm just curious, okay. Commissioner Sarnoff. (UNINTET,T IGIBT ,F) 3: 04: 29 CRA (Community Redevelopment Agency) funds. Commissioner Spence -Jones: Okay. I'm just curious 'cause it's very hard for me to make a decision a lot of times andl agree with my two colleagues on their point. But would like to see the e-mails because I'm sure there was a chain of e-mails going back and forth, you know, communicating what -- 'cause you just said that there were e-mails. Mr. Sosa: Okay, the -- Commissioner Spence -Jones: Just clear that up for me so -- Mr. Sosa: Right. Okay, the e-mails -- to the question that Commissioner Sarnoff asked, the e-mails that was able to find none of the e-mails I was able to find state or have anything insinuating that it -- like in the e-mail it says to the contractor continue working and we will pay you the bonus. That, I didn't see in the e-mail. It's my understanding that that was a verbal representation that was made to them. What I do see in the e-mails is direction about additional work or don't work here or FPL (Florida Power & Light) hasn't finished the lighting. When is FPL going to finish the lighting? They're going to finish in April. Okay, the sidewalk work, finish it in April, you know, that kind of -- Commissioner Spence -Jones: I just -- I would just like to see that information regardless of whether, you know, or not the person had the -- something in writing or their contract was amended. I would just -- Mr. Sosa: Okay. Commissioner Spence -Jones: -- I would have liked to have seen it because -- I mean -- Mr. Sosa: Yeah. Commissioner Spence -Jones: First of all, who -- I just got to ask 'cause you -- I'm glad you told me this. So, Commissioner Sarnoff, the money actually came from the CRA? Commissioner Sarnoff. Yeah. It was a City -- Commissioner Spence -Jones: Is this the North --? Commissioner Sarnoff. Yeah, North Bayshore Drive. Commissioner Spence -Jones: Right. Andl know we had a lot of issues. There were draining issues. There were a lot of things that were going on. I mean, before I left, it was a lot going on so -- andl know that -- I know at least in the CRA, ifI can recall almost two years ago, we had been stopping. We had -- just different things I know there was discussions about on this project. Who were they receiving direction from, the CRA or they were receiving them from --? Mr. Sosa: At the time, the CIP was managing the project so the direction would have come from the CI --from CIP. City ofMiami Page 34 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Commissioner Spence -Jones: Yeah, I would definitely -- I definitely would like to see that and -- Mr. Sosa: Right. We did not include that kind of information in the package because I did not find an e-mail that was -- I don't -- I guess relevant to the bonus, per se. I only found the e-mails about just work in general being done or not done. Commissioner Spence -Jones: But I mean -- but I just want to look at it from -- and I hear what -- andl totally agree with you, Madam City Attorney. I'm not going and challenging, you know, your viewpoint on it. But always like to look at both sides of the equation andl know that the North Bayshore Drive situation before I left was -- and you know this, Commissioner Sarnoff. You were having major issues and we were getting major complaints. You were screaming on them. I was screaming on them 'cause we were being screamed on. So you know, I'm just wondering, you know, if we're telling them to do additional work, meaning like we're telling them that we want them to do additional things. Were we telling them we wanted them to do additional things? Mr. Sosa: In looking at the record that I see, it wasn't so much additional work as it was apparently from what I could read and talking to people who were involved in it on the periphery. It appears to be that there was certain aspects of the work that the contractor was asked to defer. For example, the final lift of asphalt. There was a discussion at the time as to perhaps doing a decorative asphalt treatment -- Commissioner Spence -Jones: Yeah. Mr. Sosa: -- in some of that area. So they were asked to not do -- and again, I'm saying this -- and a lot of this is conjecture. You know, I'm inferring from what I can read. I can see where if there's this discussion going back and forth about the decorative asphalt treatment, I understand why the contractor didn't do his final lift of pavement until April of the following year when that decision apparently was -- Commissioner Spence -Jones: Because we gave him more work. Okay, and again, I mean, the position of course always from our City side is we want to try to save as much money as possible andl understand that. But I also believe in being fair. You know, you can't tell somebody they got to do this amount of work and then all of a sudden because we're screaming on them -- 'cause I know that North Bayshore Drive was an issue, you know. And then how are you expected to meet the goal or be completed with something if then I'm piling on you ten additional things? Okay, so you know, part of this is we have to take responsibility for giving them additional work and then not catching it to say, okay, this is your bonus time frame or whatever has been changed. It's not his fault. He's just trying to -- andl don't know this person. I don't know nothing about him. I just -- I always like to put myself in other people's shoes. That's all want to do. 'Cause if it was me andl had a company andl did everything or I tried to do it right -- Did he complete the work in the end? Mr. Sosa: Yes. Commissioner Spence -Jones: Are you having problems with the work now? Mr. Sosa: Not -- no. Commissioner Spence -Jones: Has the CRA complained about anything they're doing? Mr. Sosa: No, ma'am. Commissioner Spence -Jones: Okay. So I'm going to ask my fellow colleagues -- and I'm not City ofMiami Page 35 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 saying that we give them the bonus, but I would like to defer the item 'till get those e-mails and 'till talk to the CR4 staff to find out what the issues were. I just want to see it. It's nothing wrong with having the information. Can we please defer this item until we get all of the correct data? Commissioner Suarez: Move to defer. Vice Chair Carollo: Second. Chair Gort: Discussion. Do we have a procedure standing at this moment where a lot of the vendors will understand they cannot do any change order unless it's authorized by this body or the Administration? Mr. Sosa: We have -- Chair Gort: Do they understand that? Mr. Sosa: There is -- we have the processes and procedures in place to handle change orders. Some of them have to come before the Commission; some don't. It just depends on what threshold they're within. You know, our -- my staff is very aware of the need to have prior authorization, whether it's administrative or by action of this Commission, to issue additional work or to modin, contract terms. I think what we're facing here is that. So it's a modification of the terms of the contract. Chair Gort: No, I understand. I just want to make sure this does not happen again 'cause I inherit millions of dollar expenditure in my district that was not authorized by anyone. Mr. Sosa: No, understood. That's -- we are -- Chair Gort: Andl don't want that to happen again. I want to make sure the vendors and the people who supply service to the City ofMiami understand that. Thank you, Mr. Sosa. Mr. Sosa: Thank you. Chair Gort: There's a motion to defer and a second. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Deferral to November 17 meeting. Chair Gort: We got quite a few things for December 17 -- I mean, for November 17. Vice Chair Carollo: December 18. Chair Gort: December 18. Priscilla A. Thompson (City Clerk): No, December 15. Chair Gort: Fifteenth. Vice Chair Carollo: December 15. Is everyone -- Commissioner Sarnoff, Commissioner Suarez, defer to -- City ofMiami Page 36 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Commissioner Suarez: Whatever you guys want. Vice Chair Carollo: -- December 15. Chair Gort: December 15 is fine with me. Commissioner Suarez: Whenever you want. Vice Chair Carollo: The only reason I'm saying that is because -- Commissioner Suarez: To not load up. Vice Chair Carollo: -- I know that Madam City Clerk is going to ask deferral to what date so -- Ms. Thompson: You're ab -- you saw me moving forward. Chair Gort: Yes, ma'am. Commissioner Suarez: One step ahead. Chair Gort: Who made the motion? Commissioner Suarez: I made the motion. Whatever the will of the Commission is. You want to roll it to the next one? Chair Gort: Commissioner Suarez -- Commissioner Spence -Jones: Second. Chair Gort: -- move -- makes the motion for -- Commissioner Spence -Jones: Did somebody make a second? Chair Gort: -- December -- Vice Chair Carollo: I made the second. Commissioner Spence -Jones: Okay. Commissioner Suarez: Okay, November 17. Chair Gort: -- 15, second by the Vice Chairman Carollo. Commissioner Suarez: December 15 is fine. Chair Gort: Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: No nays. Thank you. RE.2 RESOLUTION 11-00800 City ofMiami Page 37 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN Program INTERLOCALAGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY FOR THE PROVISION OF PUBLIC TRANSPORTATION SERVICES WITH SAID SERVICES TO BE PROVIDED BY THE CITY OF MIAMI THROUGH A PROFESSIONAL SERVICES AGREEMENT WITH AN OPERATOR, SUBJECT TO CITY COMMISSION APPROVALATA FUTURE MEETING; PROVIDING FOR THE IMPLEMENTATION, OPERATION, AND MAINTENANCE OF THE MIAMI TROLLEY SYSTEM. 11-00800 Summary Form.pdf 11-00800 Legislation (Version 2) 10-27-11.pdf 11-00800 Exhibit 1. SUB.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0454 Chair Gort: RE.2, trolleys. Albert Sosa (Director, Capital Improvements Program): Okay. RE.2 is a resolution authorizing the City Manager to execute an interlocal agreement with Miami -Dade County for the provision of public transportation services. In our case, it's trolley service -- it will be trolley service. This interlocal agreement includes aframework by which the County confers upon the City the ability to operate a transit system. It contains a framework for fares. It includes a framework for proposed routes, and it also lays out, you know, that those fares and routes can be changed, but it does lay out the preliminary fares and routes. And it establishes the framework by which they can be changed. Absent this agreement, the City does not have the authority to run a transit system within the City. Chair Gort: Okay. Mr. Sosa: There is something that I would like to present to the Commission, if possible. It's in the form of a floor amendment. During my discussions and briefings with the various offices, the District 5 office expressed the desire to include an additional route, which we're calling Overtown/Health District Circulator. It's -- in terms of the agreement itself, it just changes the attachments, but I'd like to pass that out just for clarity as to what the latest version of the document is. The document I passed out is just -- would be the latest version of the document. The changes are highlighted in yellow. They're basically on page 5, where it adds the verbiage about the Overtown/Health District Circulator and also the Exhibit A, which would be page 18, where it adds the verbiage about the proposed route basically. Chair Gort: This is the same document that was approved by us before? Vice Chair Carollo: Yes and no. Mr. Sosa: There -- the previous -- I'm not aware of a previous approval of this interlocal agreement. I know there was a discussion last December about this item, but it wasn't an approval of the document per se. Commissioner Sarnoff.. I think what we -- Commissioner Suarez: I think -- City ofMiami Page 38 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Commissioner Sarnoff.. -- approved were the routes. Chair Gort: Right. Vice Chair Carollo: The routes. Commissioner Sarnoff.. Right. Commissioner Suarez: The plan, yeah. Commissioner Sarnoff.. Right, the plan, the direction -- right. Vice Chair Carollo: Right. Chair Gort: The plan and directions and the fares. Mr. Sosa: Right. Vice Chair Carollo: Nor times. Commissioner Spence -Jones: Fares too? Y'all did fares? Commissioner Sarnoff.. No. I don't think we had agreed on fares. Commissioner Spence -Jones: I don't think you did fares. Vice Chair Carollo: We did not do fares. We did not do times. Commissioner Suarez: We took the fares out. Chair Gort: Okay. Commissioner Spence -Jones: Okay. Commissioner Sarnoff.. But the other routes were going to be deferred -- your route, 'cause you're going from an FDOT (Florida Department of Transportation) grant. Commissioner Suarez: Yeah. I mean, what happened was, you know, with the whole thing, there's always been some amount of -- I don't want to say controversy is the right word, but there's been debate about the routes, the times, and we had a very lengthy debate about everything the last time that we talked about this issue. And you know, what I said was, look, I'm willing to wait until the first two lines go on, which one of them is the Health District, which everyone agrees is the one that's most kind of pressing and needed immediately and will be the most likely to succeed immediately, and the other one being the Brickell/Biscayne line. And so you know, I was willing to kind of step back and, you know, not be too parochial about this, you know, because at the end of the day, I believe in this program. I believe in the function of you know, circulating the traffic in a system that will be easy for our residents to use. It'll be different from regular bus transportation, which is really more of a means of getting to and from work. This will be more of a means of actually circulating people in a specific designated area, you know. You guys all know what my issue is. And Commissioner Spence -Jones wasn't here when we first talked about this, but you guys know what my issue is. I mean, I've been harping on the desire not to, you know, box us into a fee structure and specifically not initially to box us into a fee structure because for me, you know, whether we have a fee structure or not only affects the viability -- and correct me if I'm wrong, Albert -- four years. It's 2020 versus 2024. City ofMiami Page 39 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Mr. Sosa: Approximately. You know, the model changes every few months, but it's in that range. The difference is -- that we're projecting would be without a fare, we would be in the red in approximately 2020. Commissioner Suarez: Right. Mr. Sosa: With a fare, it'll be approximately 2024. Each one of those varies one year or other -- Commissioner Suarez: Right. Mr. Sosa: -- depending on as price of gas inputs increase or decrease, but yes. Commissioner Suarez: And my issue is -- I just came from San Francisco not that long ago where they have the trolley system there where I think it's $6, but it's overflowing with people. I mean, it's -- it could -- they could probably charge $10 and still -- and have, you know, still a lot of people because it's become a tourist attraction. It's become something that's part of the fabric of the city. And what worries me is, you know -- andl chronicled all the cities, you know, Doral, Coral Gables that don't charge, and the reason why is because they want people to just be able to jump on and off. Andl think that -- my big concern is that if we box ourself [sic] into charging three months in or six months in -- I just think we should wait until the system really takes hold because that will -- in my opinion, that's the biggest determinating [sic] factor as to whether the system will be viable forever because it's -- for us, we're not -- we don't want to be voting on a system here that we think is going to be not viable in 2020 or 2024. I mean, I don't think anyone here wants to believe in that viability for the system. We want to have a system that is, you know, unless replaced by something better at some point in the future, a perpetual system, you know. And what worries me is, you know, by boxing us in or just starting off on the foot that in three months we're going to start -- boom, we're going to start hitting people, I really would like to see the system be implemented, be working, get the numbers in, have some data, you know, because it's indisputable that you're going to have more riders if it's free than if it's not free. I think that's -- I mean, maybe some would dispute that, but I -- to me, it's indisputable. And I think particularly if you have a factor of making sure that on the train itself there 's no vagrants, there's no loiterers, things of that nature. I think that's -- that was a concern that I heard at the DDA (Downtown Development Authority) when I went and made this case at the DDA. So if you have some funds dedicated to that kind of enforcement -- by the way, that's done in Europe and all other -- other parts of the country. You have to enforce it to make sure that people are on there just to use it for transportation not for any other non -transportation related function. I think the safest, best chance that you have at having a system that will create the kind of demand and ridership that will allow you to charge really whatever you want at some point in the future to ensure its long-term sustainability, it has to be free at least until we have data that can prove that it's going to be a system -- because we're going to want to -- we may want to tinker with the routes. We may want to tinker with the times. We may want to tinker with a variety of different things. One of the things I've promised the community is listen, if the Coral Way route doesn't work, I'm not going to sit here and say we got to keep spending money on a route that doesn't work. That doesn't make any sense. You know, I only want to spend money on routes that are going to work. And by the way, the viability of the system, even with our current funding, changes on the basis of how many routes we have, you know. And so there's so many variables. I just think this is one variable that we should leave open for the foreseeable future, and then we can always address it a year in, six months in. We can address it in three months and keep looking at it on a quarterly basis. I just don't think that we should box ourself [sic] into it in the interlocal. That's just my perspective. Alice Bravo (Assistant City Manager/Chief of Infrastructure): And -- Commissioner Sarnoff.. Mr. Chair. City ofMiami Page 40 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Chair Gort: My understanding is -- go ahead. Commissioner Sarnoff. Go ahead. Chair Gort: No, no. Go ahead. Commissioner Sarnoff. I thought -- correct me if I'm wrong. I know the Biscayne and the Brickell route took the trouble of getting an FDOT (Florida Department of Transportation) grant. Mr. Sosa: Correct. Commissioner Sarnoff. Andl thought -- go ahead. Mr. Sosa: Okay. Chair Gort: The Health District. Mr. Sosa: Just to update everybody on the latest on the FDOT grants because we did get an additional one just shortly -- a couple of days ago. The Brickell route does receive -- will receive FDOT funding -- or we are receiving FDOT funding for it, the same thing for the Health District circulator. We recently received approval for the Overtown/Allapattah, the linear route along 20th that ends up at the Omni. That linear route has gotten FDOT funds as well. What FDOT funds is typically three years, 50 percent of your operation. It's kind of like seed money to get it going. That's how they fund it. So we would anticipate that that Overtown/Allapattah route would -- we don't have the agreement yet, but we're anticipating to be able to receive those funds in FDOT fiscal year '13, which begins on July 1, 2012, so that's the time frames that we're looking at for that. We continue to work with FDOT on additional funding for the other routes. We talked to them about the Coral Way route. We briefly spoke to them yesterday about the additional Overtown/Health District circulator, and you know, frank -- they would like to see our numbers and our -- you know, the ridership on the route, et cetera. Andl think they would be willing to help us on all our routes; we just have to make the right case for them, and we will continue to do that. Commissioner Sarnoff. But thought -- andl -- and correct me if I'm wrong, and it's your issue. But I thought one of the reasons we delayed the Coral Way route was you told us don't start a route until you have an FDOT grant 'cause otherwise FDOT won't give you the grant. Or somebody briefed me on that. Commissioner Suarez: There was a couple of issues -- Ms. Bravo: All right, let me -- and that is the case. We -- Commissioner Suarez: Well, let me just jump in, please. That was one of the issues. Commissioner Sarnoff. Right. Commissioner Suarez: I think another one was -- at least for me, from a policymaker perspective. The other one was of the lines that we tested and that we modeled, that was one of the -- that was of the three lines, the one that modeled the lowest. In other words -- you understand what I'm saying? So -- Commissioner Sarnoff. No, I do. But I'm getting to the point where I thought we should not have started a route until we made the application to FDOT. Because unless I'm mistaken, you City ofMiami Page 41 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 told us the chances of getting an FDOT grant then go down to none. Ms. Bravo: And that is the process. The funds that FDOT has available is for a new start service. Commissioner Suarez: Makes sense. Ms. Bravo: So earlier this year we applied for the two additional routes, the Northwest 20th and the Coral Way. FDOT just recently informed us that they would approve funding for the Northwest 20th route, so that is funding that becomes available July 1, 2012. Now the document that's before us is basically an authorization by which the County allows us to operate transit within the street. So this document has provisions for how it could be modified down the line. So even though the Coral Way route is showed on this document, it's an authorization, but it doesn't mean that we will have to start that service right away. And when we put these routes together, we're creating a transit plan so there is flexibility to modify it in the future, but we don't want modifications of routes and hours to happen frequently 'cause obviously, we want to be able to publish information as to what these routes are and -- Commissioner Sarnoff. Well -- and you sort of bring up a point, which to me is a County issue. You never want to ask the County for permission to do very many things because if you show the County your left pinky, the first thing they want to know is what's your right thumb doing, which means wait a minute. You want me to agree to this, but there are 30 other things you haven't agreed to, and I'm not going to listen to you wanting to pave Virginia Street when I want to talk to you about Omni. And that's why to me we put together the best document we can so that you don't have to go to FDOT -- I'm sorry. FDOT -- go to the County more than you need to. Now -- and that's what I thought we were going to do. So let me debate the issue, if you don't mind, with Commissioner Suarez, with regard to free versus non free. Chair Gort: Go right ahead, sir. Commissioner Sarnoff. And by the way, there are people in my district, so you know and you'd be right, the Brickell Homeowners Association wants me to do this for free and think they're wrong, candidly and frankly. And let me tell you why. I now use mass transit every day. And we just tried a case in August going from Miami Center to the courthouse. And we actually literally brought our boxes with us every day to the courthouse, which meant we were toting better part of a hundred pounds per person back and forth so we had to use the elevators. If you have never used the elevators for the County's People Mover, it's truly a treat. It was hot. The smells were off the charts. And we actually started to learn to wear -- to bring handkerchiefs with perfume on it just so we could cover our noses to try to make it up between the first floor and the second floor. And then you get on the particular circulators. Most of them are pretty dirty, not kept, and oftentimes would have a person who'd been on it probably the better part of the whole day. For the life of me -- now you also have to understand, there's no ownership because you don't have a conductor on board. And when you went to San Francisco, I suspect you had a conductor to -- Commissioner Suarez: Some -- I saw some where it had two or three on there. Commissioner Sarnoff. Okay. Commissioner Suarez: Yeah. Commissioner Sarnoff. So, theoretically, you're going to have some ownership, and somebody's going to want their trolley, their bus, whatever you want to call it, to be -- it's their home. It's what they're driving. But in the County, of course, there is no ownership. And this is the thing that really aggravated me -- and it's still there, right by the -- I still call it Burdines -- Macy's stop. As soon as you get off there, there's a great big swastika. Now that might be repugnant to City ofMiami Page 42 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 some and not to others. I would hope it would be repugnant to almost everybody. And right under that is the word gray. "So I would think that there's another group of people they're trying to offend. Took pictures of it every day and every day I asked for it to be covered up. To this day, it still stands right there. And wonder, when you don't charge money for something, do you really just -- do you take care of it? Now for me, I would have preferred to have paid a dollar to get on the People Mover. I would have preferred for it to be very clean. I would have preferred to have gotten on an elevator that I didn't have to put a handkerchief over my nose. I would have preferred that that money be spent on maintenance, capital expenditures, if necessary, andl would have gotten on a system -- I still use it to this day. I just know that it's a rugged system. You know, I equate it sometimes to the subway of Manhattan, but then started asking my friends is the subway in Manhattan as bad as it was when I was there in the '70s and the '80s, and they said it's gotten a lot better. You know, this is not the subways of Manhattan. This is Miami. And you know, I'm not here to talk about the County and how they conduct themselves. They can certainly answer to the electorate all they want. But we have a chance here, my humble opinion, to sort of get it right. We have a chance here to get a small element and a small increment of mass transit, efficient, clean, and if -- hopefully, operable. And l just question whether you're not better suited to get somebody that puts a little skin in the game, a little investment, puts a dollar in, and has a huge expectation and a justifiable expectation this is going to be clean, this is going to be comfortable, and this is going to get me from pointA to point B in a suit or in my women's high heels, whatever it is so that businesspeople can use it, and at night time, equally, they can go to the Performing Arts Center, they can go to the -- any particular facility that we have. And that's why I continue to support some fee structure because I think people -- I think every time we make a small investment, we expect to get some return. And when we don't make that little small investment, I don't know that you get any kind of return. So I would love to be able to say yeah, in 30 days, let's bring -- in 90 days, let's bring it back; see how we're doing. We got to go right back to the County. And guarantee you, what they're going to say to you is, you want us to approve this. What about Genting. Commissioner Suarez: You don't have to -- Commissioner Sarnoff.. What about --? Commissioner Suarez: -- go through the County. Commissioner Sarnoff.. No? Commissioner Suarez: No. Ms. Bravo: And -- Commissioner Suarez: No. The agreement says following -- you don't necessarily have to go back to the County. Depending on how you word the agreement, that determines whether or not you have to go back to the --. The way it will be worded right now, we have the ability to change the fee structure from time to time by our ordinance, so we could just monitor it and say -- first of all -- and ifI may just kind of answer some of -- Chair Gort: Sure. Commissioner Suarez: -- some of his -- first of all, I think -- I can imagine how repugnant it is for you to see those things. I mean, I think, like you said, it's more of an indictment on, I think, the people who are not actually taking care of their system, andl think those things can be divorced, you know, the -- I think we're going to have a high expectation for this system in terms of cleanliness, orderliness, and making sure that there are not people who aren't in the system that shouldn't be there. I think that's one complete analysis from the other. My fear has to do with creating a barrier initially once you're launching the system that isn't necessary really when City ofMiami Page 43 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 you haven't really established yet the viability of the system in terms of ridership, not viability in terms of monetary viability; more in terms of ridership. I think -- I understand your concern is very well founded. The arguments are the best arguments that I've heard in favor of charging, you know, something for it. My concern is I want it to be successful. I think once it's successful, you're going to have to charge because otherwise people are going to be -- you know, just like in San Francisco. I mean, you have to charge 'cause otherwise, it's chaotic if you don't charge. I mean -- I think they have is to charge more because -- I went there. I couldn't get on the trolley, literally. Andl went like three days in a row. And there was hundreds of people waiting. So I think -- I just want to make sure that we have a viable function. Mass transit has been such a disappointment in this community for decades, for generations, you know. And so for me, I want us to have -- I want us to be a beacon like other cities that have small trolley systems that are very successful. I want people to come and say, you know what, the Miami system works. It's great. You know, we want to ride it. You know, we can go bar hopping. You know, we don't have to worry about whether we have a dollar or not, you know. I want to be able to go from the Irish pub to somewhere else so you could -- the bar crawls that have become very, very well-known in Brickell, in the Brickell area. You want people to be able to utilize that for the bar crawls without having to worry about whether they have a dollar or not have a dollar and, you know -- does that mean that someone might, you know, do something undesirable in a trolley? Sure. But that's why we need to have a system in place to clean them and you know -- Commissioner Sarnoff. But I thought this had a 90-day working provision. I thought this had a 90-day free fee schedule. And after the 90 days, it would go -- Commissioner Suarez: Yes. Chair Gort: Right. Commissioner Sarnoff. Am I wrong? Mr. Sosa: The way it's currently written -- Commissioner Suarez: You're right. Mr. Sosa: -- is a three-month period, during which no fare will be collected. Chair Gort: Right. Commissioner Sarnoff. right. Mr. Sosa: Following that three-month period, we enact a fare structure. This could be rewritten to be free in perpetuity, always understanding that the Commission has the ability to enact a fare structure at any given date in the future. There's no -- Chair Gort: When we first -- Commissioner Suarez: Can I just -- can I --? Chair Gort: -- discussed it, that was my understanding, that we were going to have a 90-day trial period to see how it function, how it works, and then we can change it. Now I think what we're worrying about is if we agree to this today, what is the responsibility -- (UNINTELLIGIBLE) 3: 32: 43 some of this. We have to provide some of our own bus stops or we're going to use theirs? Mr. Sosa: No. We have to -- part of our capital infrastructure for this system, we're setting up our own signage and, you know, our own route maps. We operate independently of the City ofMiami Page 44 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Miami -Dade Transit System. Chair Gort: Right. Because I want to make sure is that we don't become a substitute for the Miami -Dade Transit, that this is used by us, andl want to make sure that takes place. Yes, Ms. Spence -Jones. Commissioner Spence -Jones: Yes. Thank you, Mr. Chairman. I agree with both sides on the issue of not charging and charging, and we had a debate on this issue in the office. And you know, for me, I think it's -- I agree with Sarnoff, though. You got -- if you don't charge something, I can see people getting on the bus that are just taking it either to sit, sleep, and to just go from one place to the other. And I'm just telling you already just in the health district you already have a number of homeless people, a number of -- just a whole bunch of things going on, that people are going to use it, and that's fine. That's what -- you want them to be able to use it. But if you're really trying to -- in the beginning when this whole issue came up and -- on the trolley about two and a half years ago when we started talking about this, Commissioner Gonzalez and myself, we were a part of the first guinea pigs of this whole trolley route, your district and my district. And I don't know if Sarnoff recalls this -- Angel was pushing very much for 20th Street because the whole idea was if we're going to have these trolleys, you know, available, then we need to figure out a way to support the businesses on 20th Street because there are a lot of uniform -based companies on 20th Street. And the whole idea with all of this is to kind of bring the public closer to the people that do business in our cities to show them that we're trying to do whatever it takes to kind of support them. That was Angel's biggest push on 20th Street and definitely tying it into the health district, but the whole idea is like you could get your supplies, you could do -- whatever you need to do, you could jump on and do it. On my end of it, again, I didn't have that kind of industry. My focus was -- which I have a lot of family that works between Cedars and Jackson's. When it's lunchtime, they only have a few options, either McDonalds or I believe there's a Subway there that, for the most part, if -- there's not a lot of options, unless you're eating in the hospital. The nurses, the doctors, the volunteers, all of people -- the family members that come to see people, you know, a lot of them get tired of doing the same thing. So the only thing that could actually offer in my district until things started to grow -- and then the biomedical center was -- I knew was on its way, so I knew that those people would also be, you know, a part of it -- was to over food or offer some sort of alternative 'cause I know people love People's. I'm just telling you that was a part of the discussion, and they go there already now, you know. But if -- making it easier and finding routes for people to do something outside of where they're working, that was the whole mission and the purpose at that particular time. So I just want to be clear because -- you know, I know I'm late coming to this party. And my whole purpose is having discussion with Alice and with Alex. And the reason why you see Overtown on here because that was -- the original intentions was to figure out a way to get those people that are there working every single day to make sure that they're also -- we're stimulating the economy in the overall area. That's the reason why you see the route on here now that we've added. So I want to be clear about that so no one feels -- or there's no communication that there's something just being thrown in, okay. So that is the reason why it's there. So the second part of that -- andl just want to be clear -- andl said this to the (UNINTELLIGIBLE) 3: 36: 56 -- I think it's wonderful that we have all of these great initiatives. We talked about Miami Works -- I mean, the Center earlier, but here's another thing I'm, once again, concerned about is having some sort of operational plan to make sure that we monitor the trolleys properly, to make sure that we're getting everything we need to get out of it. Now I know the difference with this situation is that we're utilizing an outside company, you know. But when we sat down and had this discussion, the key questions that I was asking, you know, that we didn't have answers for, so I'm hoping 'cause -- I was also told, okay, Commissioner, this is something different, but we can address the contractual part of the company that's doing it when we get to it. But these are the kind of questions we should be asking automatically and that is for, i.e. -- andl'm going to say it 'cause we always need to say it to make sure staff understands it -- is, you know, it's okay that we got a company coming in to do the work, andl'm happy about that, but we need to make sure that they understand that from the City ofMiami, we want to see City ofMiami Page 45 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 mechanics, we want to see drivers, we want to see cleaning people, you know, that are going to basically be handling the trolley. And when I asked for more information about that, that was not really a part of the discussion. Andl got to say this to our City staff and to the City Manager. We -- that always needs to be the first thing on our head -- on our minds. It's like we cannot have something that can stimulate the economy on all perspectives and not figure out a way to make sure the outreach happens. 'Cause a lot of times these companies, they come on board and they have a group of people that they use anyway and that doesn't help us. I think we got to really figure out a way -- I really want to see an operational plan. I think it's extremely important. And then more so than anything else, whether or not we charge a dollar, fifty cents, a quarter, whatever that number is -- andl'm going to say it again for the record -- I believe we should charge. The bussing company or the trolley company is only going to provide the services. That's it. But all of the marketing for people getting on the trolley -- when I asked this kind -- these kind of questions, that just makes me feel like we haven't put a lot of thought into, you know, what needs to actually happen to get people on the trolleys. So you know, we talked about it in our meeting. I said, if it's going to have video screens, you know, you get Dr. Shalala on there saying, you know, when I'm in the health district, I'm riding the trolley, whatever the campaign is. There needs to be a cam -- we cannot put these trolleys just out there. Even if we just used City ofMiami -- our -- what do you call our channel? Commissioner Sarnoff. 77. Commissioner Spence -Jones: -- Channel 77, there needs to be a whole marketing plan put in place 'cause you're not going to get anybody riding the trolleys. You know why? Because people aren't going to know what it is, you know. The bus shelters, all of that. I mean, we -- this should be done already. This should be like okay, this is how we're going to roll them out. We've already given them the contract. This is how we're going to roll them out. Andl know we had a conversation and there was some talks about it, but you -- 90 days later there's going to be nobody on these trolleys because there's transportation already happening in the overall area. And how are people going to know the difference? What's going to be different about them wanting to jump on this trolley compared to any other mode of transportation that's happening? And if you guys can't give us the answer on that, then we got a problem. So I'm just saying in this discussion that think -- and know you said we're going to try to work with a marketing company or whatever to try to figure out, you know -- but these kind of things should not be afterthoughts. It should be we're thinking about the -- I'm not saying -- Alice, I see you want to talk. I'm not saying that, you know, you didn't communicate that you would do that, but that needs to go along with it because you're not going to get anybody to pay for it. You're not. Ms. Bravo: Right. Commissioner Spence -Jones: You know, so to me, I would like to see -- I'm assuming we're going to support the item, but I would like for you guys to come back with a real operational plan on how you're going to market and promote getting people on there even before those 90 days start. We need to know how are you going to get them on there. And then last but not least, I think that the one thing that should be on all of our minds, you know, whether or not it's a quarter, fifty cents, or a dollar, is we got to create revenue. We have to create revenue. And a quarter a couple of times adds up. A dollar a couple of times adds up. Andl don't even want to begin to talk about -- you know, andl didn't want to open up the can of worms when we talked about it, but what is our five-year plan with this? What is our three-year plan with this? What about it -- when the -- when FDOT is not giving us anymore money? All of these things. And when you're not telling me we have that in place, that's just a concern for me. Ms. Bravo: Okay. Commissioner Spence -Jones: You know, so I'm just asking that we please consider that. And just so that -- andl'm going to shut up after this -- you know, I did make the adjustments on the City ofMiami Page 46 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 route because I thought that it's extremely important to include, you know, the Reeves Clinic 'cause there's a lot of seniors that are actually -- you know, utilize that clinic in the area, and they go from one place to the other to either Cedars or Jacksons [sic]. And there's other things on that route that I thought was important. But I feel like if we can include it on the route for the Marlins stadium, like this showed up and that has absolutely nothing to do with health, then I think that we can include it for the people in the particular community that are using it for that said purpose and that is to be able to go to the hospital or utilize the health district in any kind of way. Andl like it going to the Marlins stadium 'cause I -- I'm not taking away from you, Joe. I think it's great. But I just -- you know, I -- when we say health district and that's what we're trying to do it for, but then I see a blue line go all the way down to the Marlins stadium -- nobody's going from the stadium to go to the hospital, hopefully. So I'm just -- andl think it should happen because I'm not saying that, you know, the people from the game -- from -- that are nurses and doctors won't go to the games. That gives them incentives. I love that. Ms. Bravo: Right. Commissioner Spence -Jones: But I'm just saying don't justify oh, that's the reason why we put it down there, and it has absolutely nothing to do with it. Ms. Bravo: Right. Commissioner Spence -Jones: What I'm saying, I just want to include the seniors, I want to include the clinics in the area to make sure those -- the Culmer Center -- to make sure those people are also included as well. Ms. Bravo: Right. And through the Chair, if -- Chair Gort: Yes, ma'am. Ms. Bravo: -- I may. You know, since my involvement at the City and even before I got here, we've been working very closely with various community partners to have a collaborative marketing approach for this, not -- so that the City's not carrying the whole burden. We've worked with the DDA. We've worked with the health district, the Chamber of Commerce. So there are many interested parties working with us in developing a collaborative marketing plan, and with each of these entities volunteering to provide brochures and material and promotional videos that'll be running on the City's -- so there is a marketing plan that's been in the works for a while. And secondly, I'd like to let you know that we will work with the vendor that has been selected, and we'll be coming forth with the contract with the vendor I think in the November -- Mr. Sosa: No. It'll likely be December. Ms. Bravo: -- the December agenda. So we will have very serious discussions with them about outreach and job fair days, et cetera, within the City ofMiami to help our residents. Obviously, first and foremost, aside from providing the service for our residents, we want to make sure that our residents benefit as part of the service as well. And with regard to the circulator around the Overtown area, we agree as well. Back when we presented a plan to the Commission I think November of last year, that's when the extension to the stadium was discussed and that there would be synergy with the employment and the residents of the stadium. Andl see Commissioner Carollo would like to add to that. Chair Gort: The one thing you need to add to your marketing department is -- I talked to the University ofMiami, to Shalala, and I've talked to the -- Jackson, and they're willing to work with us in their advertising and their marketing strategy because they're probably the one that will use it the most. I think there's at least 30,000 employees within that district that we can all take advantage of it. So I'll let -- City ofMiami Page 47 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Ms. Bravo: IfI recall, 50,000 -- plus 50,000 visitors each day. Chair Gort: Fifty thousand plus. I'll let Vice Chairman Carollo. Vice Chair Carollo: Thank you, Mr. Chairman. And I appreciate all the comments from all my colleagues. I wanted to mention some of the concerns that I have, but at the same time go back a little bit in time and mention how that route came to be. I think it was in late 2010, all the routes that originally were discussed were presented to us. I could tell you, the first thing mentioned -- andl was actually extremely surprised when I looked at District 3; there was no routes. There was one little sliver of Coral Way that goes right into, you know, District 4. Andl thought to myself, realistically, if you look at a map of the City ofMiami, you look at District 3, it's right in the smack middle, it's right in the heart, and there's not one route that goes through District 3. Andl thought wow. But at the same time, you know, I understood that these -- some of these routes were really placed, you know, way before I came and so forth. And out of courtesy to my colleagues, I didn't want to start carving everything up. But at the same time, I saw exactly what you saw, and you even mentioned, the health district. You have all these doctors. You have all these nurses. You have all these concentration of people and they have no place to eat. Andl said, huh. At the same time, we're trying to build our retail. Forget about the Marlins games and so north. We're trying to build our retail. We're trying to build, you know, establishment where people will go to eat and so forth. I said, you know what, the health district, pretty much you're right, has nothing to do with the Marlin's game, but it's extremely close to there where if we just extend that route a few blocks over the bridge and one block to the west, guess what, they're going to have a circulator where they don't have to take their vehicles. They could leave it parked where there is. And they're going to have X'humber of restaurants. Andl thought, you know, this is a win -win. And we focused on that, and we moved on that, and again, that's how it occurred. Commissioner Spence -Jones: Can I just add 'cause -- andl think it's extremely important because we all support each other up here. Me making the comment about the Marlins stadium and whether or not it be doctors going to the game or, you know, utilizing the retail that you're creating there I think is a brilliant idea. I think that it's extremely important to have the connection happening. That's not even the question. The question and concern I had is let's not exclude one aspect of the route that was there in the very beginning. This was one of the main reasons -- two of the main reasons, which is Allapattah and Overtown, at the time that the whole thing was even being looked at. I'm just sayingl don't -- I think it's important to include the Marlins stadium by all means. I think it's great. I'm just simply saying, you know, don't put one in and take one out. That was my only comment. And then just real fast, I want to be clear on this marketing thing. You know, it's okay for all these different organizations and everybody saying they're going to participate. I personally would be a lot more comfortable with having one entity that we can make responsible, because I don't want you telling me that DDA was going to do it and the Miami Chamber was going to do it and all these people coming together; and then by the time we launch the trolley off guess what, we have nothing. So right now like everything from, you know, the visuals for what -- what is the trolley -- what is it called? What is the --? Mr. Sosa: It's -- the Miami Trolley is the name of it. Commissioner Spence -Jones: Okay. So you know, somebody should be creating some sort of branding around -- I mean, we have in-house people that can -- Mr. Sosa: We are -- the DDA actually volunteered for that portion of the effort, and they are creating a whole branding of the signage and the graphics that will go on the trolley as well as all the brochures. A really nice job they've done. City ofMiami Page 48 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Commissioner Spence -Jones: I just want to see the plan. Mr. Sosa: Absolutely. Commissioner Spence -Jones: Because right now -- Mr. Sosa: Absolutely, we can share that with you. Commissioner Spence -Jones: -- what I'm hearing is everybody's working on it, but I -- we need to know who is responsible for the plan. Mr. Sosa: Andl can do that. It's not a problem. Chair Gort: Who's going to implement the plan that everybody's putting together -- Mr. Sosa: That's -- Chair Gort: -- to make sure that it's coordinated and it's centralized. Mr. Sosa: My office -- Chair Gort: That's all. Mr. Sosa: -- is responsible for that. Chair Gort: Okay. Mr. Sosa: Andl definitely will share that plan with -- Chair Gort: My question is -- Mr. Sosa: -- everyone. Chair Gort: -- and we're going to be discussing this quite a bit. Commissioner Spence -Jones: Yes. Chair Gort: But my question today is what's in front of us is the agreement with Miami -Dade County. Commissioner Suarez: Yes. Chair Gort: Question. Yes. Commissioner Suarez: Yes. Oh. No, but go ahead. I'll yield to you and then I'll jump in. Chair Gort: My understanding is that plenty of flexibility is in here. Once it's approved by them -- by ourself, we can make the changes that we want. Mainly, my understanding in reading this -- and I'm not an attorney so I'll let the attorneys go into that -- is that we are having some flexibility that just want to make sure that we conduct ourself accordingly to the -- to their request and not to interfere with their transportation. Mr. Sosa: That's correct. Chair Gort: Okay. Now I'll let the attorneys go at it. City ofMiami Page 49 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Commissioner Suarez: Thank you, Mr. Chairman. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Could obtain the floor back? Chair Gort: Sure, floor back. Vice Chair Carollo: Thank you. Chair Gort: I'm sorry. I didn't mean to cut you off. Vice Chair Carollo: No. Thank you. After I mention as far as a little bit of history, it definitely was never -- andl could definitely show that it wasn't taken from somewhere to add, you know, let's say to District 3, because the truth of the matter is, I -- as I mentioned, out of courtesy to my colleagues, current and previous, I really didn't mess around too much with the routes, andl added zero routes in District 3, which was bare from the beginning. The only thingl saw was what was already there. I saw the health district was already there. Andl saw, hey, it's a very short distance from the health district to the stadium with the retail. Can we just expand what's already there? Commissioner Spence -Jones: Agreed. Got it. Vice Chair Carollo: And that's what occurred. And that's exactly what occurred. Other than that, District 3 still is bare, except for a little sliver on Coral Way that, you know -- as Commissioner Suarez I think took a leadership and said, you know what, I don't mind stepping back from it for right now because there's other routes thatl think are, you know -- let's just say that they're far more ahead or so forth. But the bottom line is, it was just an extension. It was never taken one to give to the other. Commissioner Spence -Jones: Right. Vice Chair Carollo: Andl truly believe that it was an excellent idea. And to be honest with you, I know for a fact the leasing agent is using that as a selling point. Commissioner Spence -Jones: You know, Commissioner Carollo, I just want to be clear. And you know, we -- I get it, that the -- I know that that's never your intentions. You're never trying to hurt someone else, you know, to gain something. That's not even who you are. You understand. So you don't even have to explain that to me. I -- that was more directed to staff from that perspective 'cause I know what it started off being and that's fine. Things do evolve and things do change. I just want to make sure -- andl just wanted to make sure in the midst of all of this, whatever goes to the County, we have the option of having a route too. And that's it. You know, so I -- Vice Chair Carollo: Understood. Commissioner Spence -Jones: -- support it 100 percent. And guess what? Your route may be the most successful route. Guess what? So I'm cool with that. Not a problem. So I just don't want you to -- don't -- Vice Chair Carollo: No. City ofMiami Page 50 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Commissioner Spence -Jones: -- whatever you do, don't get stuck on that one, you know. I'm cool with it. Vice Chair Carollo: I definitely will not. But at the same time, I like to give -- you know, go back a little bit of history and let it be known exactly -- transparency, exactly how it occurred. And let me be honest with you. If that route is extremely successful, I think the City ofMiami is extremely successful because that means our retails will be extremely successful and it's a domino effect. Commissioner Spence -Jones: Listen, I love it. It's wonderful. It's awesome. Commissioner Suarez: Mr. Chairman, ifI may? Vice Chair Carollo: With that said, I want to continue with some of the other items that is of concerns and that some of my colleagues have raised. The fees, in particular with the health district. I would want a much longer time than, let's say, three months to make sure that everyone has an opportunity to get on and visit the retail. Andl think, you know, it's a wonderful idea that you had, Commissioner Spence -Jones, with regards to Dr. Shalala. We could reach out to our former City Manager, Migoya, and so for -- to do commercials and marketing. I think, you know, you're right on target. Yes, we need to have that. However, I feel like Commissioner Suarez; I don't think it's the right time to start charging a fee, whether it's 25 cents or a dollar or so forth. Now I'm speaking about the health district. I'm still a little reserved with regards to the Brickell area. I still haven't made a determination with that because I see both sides of the argument. But with regards to the health district, I think for quite a long -- andl don't know what a long time is -- but we need to market that area and make sure that the ridership knows that it's there and do try it once, twice, three times. So that's how I feel about the fares. Another important item to me is the times of operation. I don't know of any restaurant that closes 8: 30 at night, so canceling a route at 8: 30 at night is not very conducive for a special district or a restaurant district or -- so we would have to definitely extend from 8: 30, I don't know, maybe to 11: 30. I don't know what would be the right time. And by the way, going back to the fares, I just don't want to -- I kind of want to leave it open where we don't charge and the City reserves its rights for, you know, raising the fees or -- and you know, charging a fee in the future and maybe, you know -- and that's where, you know, I would ask our City Attorney if that's -- you know, if we could put that in the language where we do not have to go back to County Commission or FDOT. Ms. Bravo: If may. Vice Chair Carollo: Yeah. Ms. Bravo: The ordinance -- the agreement spells out that the City will pass an ordinance regarding the fares. I think in this agreement, in our discussions with the County, they wanted to see some initial structure and then it contemplates that we, through a change in ordinance, would be flexible in changing it in the future. So we could discuss here today, you know, the length of the pilot period where no fare is charged and then discuss if and when we would think what the different fares would be for the various routes, so this is a launching point. Just like the hours, we can go here route by route and discuss what we think the -- it -- here -- as an exception -- as a concept what the operating hours should be. In that way, we have a point by which to run our numbers and come back and present the ordinance with regard to the fares later on. Vice Chair Carollo: My issue is this, I just don't want to get cornered into this is what we want passed and then it's not correct and we have to go back, andl think Commissioner Sarnoff alluded to that. Ms. Bravo: Right. City ofMiami Page 51 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Vice Chair Carollo: I just don't want to get, you know, cornered into this. I want to make sure that we have some flexibility where if we don't change it now, in the future we can change it. Because I'll tell you right now -- andl thought it was 8: 30. It's actually 8 o'clock. There's no way that I would support this because it's -- it doesn't meet the intent of that route into, you know, the Marlins stadium and the retails. Ms. Bravo: And we do -- Vice Chair Carollo: You know, if you close to route at 8 p.m., that's when most restaurants are hopping. Ms. Bravo: -- want to discuss this here so we can formulate our financial plan. We do want to hear from everybody so -- and generate a consensus out of this discussion. Chair Gort: Let me ask a question. I'm sorry. May I? Vice Chair Carollo: Yes, Commissioner Gort. Chairman Gort. Chair Gort: No, no. That's all right. No, no. You keep chairing the meeting. I think we're discussing this for quite a bit now. I think we going over the same thing we talked about. I mean, this thing about 8 o'clock, we discussed it, we talked about it. I don't know. Maybe we're not being listened to or something because this is something we have stated before. All the changes we asking and we talking about it today, we said in the past. Vice Chair Carollo: Thank you, Chairman Gort. And in all fairness, I agree; this isn't the first time that I've mentioned this. I don't know ifI mentioned this on the dais or not, but I definitely have mentioned this to staff. And it just -- I think it just -- it's common sense; if we're trying to lure all this [sic] people, you know, that are concentrating the health district to go to our restaurants and we close it at 8 p.m., it's not going to work, so that's clearly an issue. Andl don't know if the time is 11: 30 or not. And a third issue thatl have is with regards to the timing it will take from one trolley to the next. In other words -- andl don't know what's the technical way of explaining it. Mr. Sosa: Headway. Ms. Bravo: Headway. Vice Chair Carollo: If it takes 15 minutes, I think that's a little too much, especially when people are going on their lunch hour. I think, at the very least, it will have to run every ten minutes, so I don't know how we will make that happen. But I believe in order for this to be successful -- and think about it. If it takes ten minutes from the health district to the restaurant, by the time they order and so forth, and then it takes another ten minutes for them to go back, that's twenty minutes on travel time alone. So if they only have an hour for lunch, you know, it -- their -- it's kind of pushing it a little bit. And if the -- if it's 15 minutes of wait time, that makes it much harder. So that's the third concern that, you know, I want to bring up. Madam City Attorney, question: Could we continue to discuss this if we have a quorum or not? I know we cannot take a vote. Chair Gort: I'm here. Vice Chair Carollo: But could we continue -- Chair Gort: I'm not going anywhere. City ofMiami Page 52 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Vice Chair Carollo: So still a question, like if we don't have a quorum, we could still continue to discuss this. Ms. Bru: No. It -- you can discuss items. You can't take action on them. Vice Chair Carollo: Right, we can't take action. Ms. Bru: I mean, you know, you can exclude a member from the discussion, but -- Commissioner Suarez: You have a quorum. Ms. Bru: -- technically, it doesn't prevent you from continuing to discuss something. Vice Chair Carollo: Those are the three issues that I saw, you know, that just jumped out at me, andl don't know what the solution would be, whether to defer this and address these issues and other issues of Commissioners. You know, I will defer as far as the timing to, you know, our CIP (Capital Improvement Programs) director, but these are definitely issues. And like Commissioner Gort -- Chairman Gort said, they've come up in the past. Mr. Sosa: From a timing perspective, what I can share with you is this agreement, once it's approved by this Commission, then goes to the County. And it's a two-step process: It has to be approved at the committee level, then by the full board. I spoke with my counterpart at the County, and they believe it to be a two -month time frame. So in evaluating the time frames involved, if we defer this to the November 17 meeting -- that's correct, November 17 -- to try and resolve some of these issues, I'm comfortable that we will have an agreement in place by -- it would be late January, early February. Vice Chair Carollo: Okay. Mr. Sosa: Which would give us about -- you know, it'll take us about 30 days after that to get the operator, you know, running. I would not feel comfortable deferring it past November 17 because then we would end up with trolleys -- basically we take the liberty of trolleys sometime in late January or middle to late January is the current schedule. You know, we don't want to have them sitting around either. We want to be able to put them into -- put them to work. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: You know, and maybe like even for the retail, you know, in the future we could have some type of validation where, you know, they could get their tickets validated at the restaurant or so forth. So there's a lot of ways of looking at this, but I think right now is not the right time to be charging in that area. Mr. Sosa: I hear what the concerns have been with the operating times and that's definitely something that can be amended or reviewed in terms of the financial impact and amend it as such. You know, what I would like to get is some additional or I don't know if consensus is the right word, but in terms of the fare structure, when I come back next time, is the consensus to have six-month free period of -- do we just leave it as a fare free until changed by City Commission by ordinance or -- I mean, what was -- I don't know what the right answer is. Commissioner Suarez: To me that's -- Mr. Chairman, if I may. Chair Gort: Yes, go ahead. City ofMiami Page 53 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Commissioner Suarez: I've been quiet for a while now. I think that's the best one, the one that he just said, free until changed by the City Commission, because I think we -- Vice Chair Carollo: We don't corner ourself [sic]. Commissioner Suarez: Exactly. Well, first of all, we don't have to go back to the County and -- Chair Gort: Right. Commissioner Suarez: -- change it. That's number one. I think that's the biggest concern that everyone has because of how long that process takes them because of the Commissioner said, that every time you ask for something on the one hand, they demand five things on the other hand. So -- and then that also gives us the flexibility. I know that -- andl -- when was thinking about this and as I was listening to what the other Commissioners were saying, I said this is a debate for me about use versus abuse. In other words, some of us have a focus on the abuse part of it. I'm very focused on the use part of it. I want to make sure that this system is being used before anything else. I mean, it needs to work. It needs to be successful. The -- what we vote on, whatever that final incarnation or plan is, what we vote on, what's going to determine whether we had a good vote is whether it's used in the future. That's what it's going to -- that's what's going to determine it. Whether it's abused, that's something that can be dealt with, you know. It can be dealt with by having security guards. It can be dealt with by having -- making sure that we have, you know, people that clean them on a regular basis, by having the difference between -- you know, in the Metromover versus the trolleys where you have an operator, you know, that actually cares for the trolley, you know, and is actually there to police activity to a certain extent. I mean, I think the abuse, which is a very valid concern that -- I don't want to minimize the abuse. You know, I don't want any of the Commissioners here to think that I don't feel that the abuse concern is a valid concern. I completely think it's a valid concern. I'm just very, very focused on the use component, that it gets used, that it's successful, that it's overflowing, and then we're all going to look good because what we charge is going to be a function of supply and demand and that'll be very, very simple, and we can establish that by ordinance at any time. We can look at this program on a quarterly basis. You know, we can tinker with it on a quarterly basis, whether it be, you know, having more security, less security, more cleaners, less cleaners. But ultimately, we're going to have to have a viability plan that extends it beyond a nominal charge. That's the bottom line. Because whether it gets -- whether it runs out of money in 2020 or 2024, it's going to run out of money. So the question is the only way it's not going to run out of money is if it is such a successful system that it can bear that cost or if other people -- like for example, BIDS (Business Improvement Districts) are created. You know, if it's a wildly successful system in Coral Way and there's -- and it re -- it creates a renaissance in Coral Way where there's businesses and businesses and businesses like in Ponce and like Coral Gables has had a renaissance, you know, then maybe they do want to create a Coral Way BID that will support the cost or somewhat defray the cost of the system. So you know, to me the use is what I'm mostly focusing on so. Ms. Bravo: Okay. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff. So I hope you have a very clear instruction from this Commission. We want clean, efficient, well -kept free trolleys. Commissioner Spence -Jones: Well marketed. Commissioner Sarnoff. Well marketed free trolleys. And reminds me of a person that walks into City ofMiami Page 54 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 a Mercedes dealership and says, I want that car right there. Well, that's $100,000, sir. But I only have $10,000. Maybe you should be going to the other car dealership. So I hope you have clear direction from this Commission. Do you? Mr. Sosa: I understand what I am expected -- Commissioner Sarnoff. 'Cause I don't have clear direction, because we want the Mercedes but we're going to pay for the Pinto and at some point in time there's going to be a difference. But I do have -- I'm more than willing to say let's move this now. Commissioner Spence -Jones: Yes. Commissioner Sarnoff. No fee structure. Let it come back. As soon as you find out that you're going to run out of money in 2012 or 2013, 2014 -- because we want to have it running from 6 in the morning till 11 at night 'cause that's our first edict to you. And we start running out of money -- like I think everybody makes the same mistake. Whoever starts any kind of mass transit, they want to be all things to all people, and you'll find out you won't even be some things to some people. So I suggest we do like every other place that's ever done it before: Let's do it for free, let's do it frequently, and let's do it often, and then we will learn just how fast we'll run out of money and just how fast we'll have to start refracting, coming back to a more reasoned and more stable system. But I don't want this thing sitting around any longer. So as long as we can make the changes, as you suggested on -the -fly, let's make the changes. Chair Gort: You know, we've been at this for a while. I mean, this is the first project. I was talking to it January of last year. When they came to me, that we're going to have this trolley. We're going to have it running by the end of November of last year and it's November now. And now you're telling me -- six months ago or three month ago, I was told, no. It's going to be by the end of November, we should be running. Now I'm hearing it's going to be maybe in January or February, so I don't know when it's going to take place. Now the one thing we got to make very important, that it does become very successful. If it is successful, we're going to be able to finance it because the same people that have the benefit, the restaurant and the businesses, they might want to put ad in -- on it. That's something we can add to our marketing strategy, put ad on these vehicles. I hope we can do that. Ms. Bravo: We have been. Chair Gort: I hope -- Mr. Sosa: Yes. Chair Gort: -- that's part of that because that's be additional revenue that we can derive. Yes, Spence -Jones. Commissioner Spence -Jones: I just want to say this. I think that right now we're voting on a different item. And I think that one of the clear instructions, adding onto Commissioner Sarnoff, things that we would like to see, I would definitely like to see the operational and marketing plan. Because I think that in the end we'll see whether or not it's even viable to do what's being requested. We don't know yet. So that's -- you know, that's the problem I have with this. It's like we're voting on something in the dark. It's like okay, you know, we want -- like he said, we want all these things but we don't know how much it's going to cost us, we don't know what it takes to make it happen. Ms. Bravo: Oh, we have the costs. And -- Commissioner Spence -Jones: Yeah, but you can't have the cost because we just told you a million and one things we want you to add to it now. City ofMiami Page 55 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Ms. Bravo: Right. And -- Commissioner Spence -Jones: So I'm -- and guess what? I would really love to see that in writing, like an operational -- like how do we -- how do you see us getting out of it two or three years from now. Ms. Bravo: Actually, that's why we originally proposed a fare -- Commissioner Spence -Jones: Right. Ms. Bravo: -- because when we started looking at this last year and the number of routes and the cost of each one and the frequency of service, plus extending the hours, you -- there's a finite end point. Right now we have a certain balance of half -cent sales tax that we've accumulated because the program hasn't started. So with this type of loading -- expense loading that revenue drops and ends in a finite number of years so the longer the hours are, the additional routes, that all adds to the cost and the money runs out sooner. So we've developed a spreadsheet so that as hours change and whatever, we can recalculate when that date where you need some supplemental revenue is. Commissioner Spence -Jones: And maybe -- Alice, maybe it was all discussed prior to me getting here, so I apologize. Ms. Bravo: Right. Commissioner Spence -Jones: But could you please give us a formula that shows us no money -- I mean, show us no money and what we can get with that and the various options, you know, based upon what the suggestions were today on the dais so then we can make an educated and an informed decision. Because I think all of them are right. Everybody's right, you know. But at the end of the day, they're going to be coming to see you when we're not meeting that mark. Ms. Bravo: Right. Commissioner Spence -Jones: And it's going to become Alice's problem because you -- instead of you guys speaking up and saying, Commissioners, you know, I understand your viewpoint, but I do not -- sometimes I feel like -- andl understand that maybe you guys are in a position sometimes you don't feel comfortable maybe saying it 'cause you don't want to create, you know, the ridge. I don't mind the ridge because I don't want you to be telling me a year later, you know, that thought this andl didn't want to -- tell us now upfront. Andl know how you feel about it, andl hate to see you sitting there mousy -- Ms. Bravo: And -- Commissioner Spence -Jones: -- meaning -- let me finish. You were very vocal in my office. You were very clear about why you felt it was important, and you were very clear about why you thought it was important. I just happen to agree with Alice 'cause I think business -- from a business perspective, it made more sense. So can we just -- can I get it in writing -- can we get it in writing, the various options, and then let us make an educated and informed decision about what we can do. Ms. Bravo: Right. Andl apologize for maybe not being as vocal today because there were previous sessions when you weren't here yet where we discussed the math of it. There is a certain amount of money accumulated and then we have the annual amounts we receive each year. So the higher our annual expenses, the sooner we reach a zero point. So when we had calculated with hours that we had in here and no fare, that showed us running out of funds maybe in 2020 -- City ofMiami Page 56 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Mr. Sosa: 2020. Ms. Bravo: -- roughly, assuming that we started in February of this year. So as we extend the hours, we can punch a couple of numbers in here and tell you how much more quickly we would expend that available funding. And we also have the same thing with the permutations of different fares, the $1.50 and 25 cents. And when we had run this before at the $1 mark, that got us to the point where it seemed like you could run the service indefinitely, assuming that there would be grants down the line where we would be able to replace our trolleys 'cause these trolleys obviously have a finite life themselves and would last approximately 12 years each. Commissioner Spence -Jones: And I'm not expecting for you to give it to us now, Alice, but I'm just saying, after this guys, after we've had this discussion, let's figure out how we -- based upon what the Commissioners are telling you now, come back with, you know, a formula so that we can digest it and make an educated and informed decision. I mean, I'm going to vote yes on this today and support it, but I am saying to you like before the end of the year, maybe not this next Commission meeting, but maybe the one in December, you know, especially since we're going to start, you know, getting all of this stuff moving, you guys need to come and present the plan, present how you plan on seeing this thing work, operate, and all of that. Because right now it's like we can go on forever, another hour in talking about trolleys and tolls and restaurants and homeless people and all of that. So can you please just give us, you know, an operational plan on how it's going to work? Ms. Bravo: So we're going to come back with a operational plan that shows running the trolley from 6:30 a.m. to 11 p.m. I believe is -- Commissioner Spence -Jones: No. We want you to show -- we would like for you to show -- Chair Gort: The different stages. Commissioner Spence -Jones: -- the three different scenarios. Ms. Bravo: Okay. I -- Commissioner Spence -Jones: No money. This is what your recommendation is. The other two scenarios is 50 cents. The other scenario is, you know, a -- just show us scenarios. That's all we're -- I mean, I'm the only one speaking, but I mean -- Commissioner Sarnoff.. She's asking -- Commissioner Spence -Jones: -- are you guys in agree with -- Commissioner Sarnoff.. -- for a clearer instruction, which is somebody had said, look, I want this trolley to operate till 11:30 at night. Ms. Bravo: Right. Commissioner Sarnoff.. Once you model that in there, your number's going to go to about 2016 is my guess. Chair Gort: Right. Commissioner Sarnoff.. And then -- Chair Gort: And if you run it five minutes -- every five minutes, it's going to go down even City ofMiami Page 57 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 further, so -- Commissioner Sarnoff. No. It'll go down about -- Mr. Sosa: That's correct. Chair Gort: -- that's what we need. Commissioner Sarnoff. -- 2014. In which case, we can have a successful trolley run for a year and a half. Ms. Bravo: And when we started presenting this item perhaps a year ago, we came with three different operating scenarios: the low, the medium, the high, and everyone spoke in favor of the high. We've talked about the different fare scenarios, and the discussion has varied whether or not to have the fare. So we can come and present that as a holistic plan. Commissioner Spence -Jones: Yeah. Ms. Bravo: And run through all those different options in live time. Commissioner Sarnoff. But do it by PowerPoint. Ms. Bravo: Yeah. Commissioner Sarnoff. And do it with a Commissioner looking at it right in the screen in front of us so that somebody can go that's not what you said to me, you know, in chambers; and we could say, no, this is the same PowerPoint we showed you in chambers, Commissioner. This is the high plan. This is the uberhigh plan, you know, with the 11 o'clock. This brings you to 2012 and a half -- Commissioner Spence -Jones: Yes, exactly. Commissioner Sarnoff. -- you know, with running it every ten minutes. This is what we recommended, but this is what the Commissioner is asking us to do. This is why political bodies shouldn't run mass transit. This is -- you're seeing exactly why no political body should run mass transit. This should be done by professionals who are looking hard at data, that that data tells them who's going to operate, how they're going to operate. I mean, the reason I'm comfortable with this -- I've always seen this body react to the reality of things. I think we will react to the reality of things. I think we're all a little bit hopeful and we're all hopeful that this is going to be a really big success. And the reason I want to pass this today is I don't want anybody ever looking at me -- I think Commissioner Gort might feel the same way -- and say, that ten-day delay was 'cause you couldn't make a decision back in October of 2011. And you know what, Commissioner, they're sitting there for the next two weeks because our agreement says they'll start on this date and this date. I'm saying right now charge nothing. Come back -- as long as we don't have to go back to the County, come back to this Commission, use whatever modeling you want. There's the uberhigh, there's the high, there's the medium, and there's the low. Commissioner Suarez: Mr. Chairman, ifI may? Chair Gort: Yes. Commissioner Suarez: Thank you. I have to take exception with some things that were said. One is that we are kind of asking for a lot of more add-ons and add-ons and add-ons. In the case of myself, I've actually done everything the opposite. I've actually subtracted, subtracted, subtracted. When the first hour modeling was given to me on Coral Way, it was to start at 6 a.m. City ofMiami Page 58 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 I said there's no way. It makes absolutely no sense to have Coral Way trolleys running at 6 a.m. So they should start much later than that. No one is on Coral Way at 6 o'clock in the morning. Actually, what I said was it should start later, and we should have the Brickell one go later because it doesn't make sense for that one to end at 8 o'clock either, you know. So there has to be tinkering with it. By the way, I have to take exception with a lot of things that were said here today too because if there were only two lines running, if we got to a point where this system only had two good lines for whatever reason, whatever those two lines are, pick any two that you want, the system would run fully funded with our transportation money indefinitely, okay, or close to indefinitely, with CapX, everything, maintenance, the whole shebang. So, you know, the point is that it has to be a free flowing system and that it has to contract and add based on viability and based on ridership. And if you do it any other way, if you make it political or if you make it whatever, it's going to be doomed for success -- for failure for sure. So I think any one variable that you make an absolute, whether it be charging, whether it be hours, whether it be a line itself could mean that you're going to force the square peg into the round hole, meaning you may have a line that's just not successful. I'm not willing to do that. I'm not going to force the City residents to pay for the Coral Way line if it's not a successful line. And they're not going to have more stops than are needed and they're not going to -- it's not going to go for longer than it's needed. It's only going to go for the time that it's needed and that it's successful and only have the number of stops that are successful. That's the commitment that made when said I'll go to the back of the line and I'll wait my turn because there are two lines that are modeled by scientific modeling to be more viable. By the way, I don't agree completely with those scientific models, but that's just my intuition. So I'm -- I would allow the scientific modeling to govern. Let two lines that have better modeling go first, I'll go second, and we'll tinker with our times of operation. We've met with a tremendous amount of stakeholders in our community -- I know I have -- with the creation of this plan, and I've been working on it a lot andl want to continue to work on it because to me, failure is not an option with this plan. It is not an option so -- 'cause it's my vote that is going to, you know, be held -- I'm going to be held accountable for my vote, so Commissioner Spence -Jones: Mr. Chairman. Chair Gort: Yes, ma'am. Commissioner Spence -Jones: First of all, Commissioner Suarez, I understand your viewpoint, and that's probably why you need to be on the MPO (Metropolitan Planning Organization) because you obviously have done a lot of work on -- in the area and it's something that you're passionate about andl don't want to take that away -- and I'm not discrediting anything that you're saying one way or the other. I'm just simply saying -- first of all, this is a different item so let's vote on it and be done with it. Kill it, okay. Second part of it is all we're -- all I'm asking for is an operational marketing plan. Commissioner Suarez: I agree with that. Commissioner Spence -Jones: Because it doesn't matter how much you might have studied it to death and all of that; if we don't have a good team in place to operate it and make it happen, it doesn't matter -- Commissioner Suarez: Agreed. Commissioner Spence -Jones: -- how long it's going to last. By the time it's -- by the time we get to that point, it's going to be a mess. Commissioner Suarez: I agree. Commissioner Spence -Jones: So I'm just simply saying let's not get into it and make mistakes. City ofMiami Page 59 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Let's know -- I personally, I would like to see a breakdown or some sort of assessment from staff, andl would like to see it in the PowerPoint presentation. And if they need to phase it out, you know, six months, the first nine months, no charge, show me that, you know. I would prefer that, you know. I just -- I don't want to make a decision on -- first of all, we're not even making a decision on this issue right now, you know, but I'm just saying, let's before the end of the year come back with that plan so that we can all be in agreement of what's needed and what's expected. Commissioner Suarez: Agreed. Commissioner Spence -Jones: I would like to also share this information with my district as well, so we can't do that until we know what the options are. So with that being said, I'd like to move this item. Commissioner Sarnoff.. Second. Mr. Sosa: IfI may clarify. Chair Gort: There's a motion -- Mr. Sosa: It would be as -- Chair Gort: -- and a second. Excuse me. Mr. Sosa: -- the floor amendment. Chair Gort: Wait a minute. There's a motion and a second. Yes, sir. Mr. Sosa: No. I wanted to clarify that there was an amendment on the floor with -- Chair Gort: Plus the amendment. Mr. Sosa: The amendment on the -- that I passed out at the beginning of the meeting as the Overtown/Health District Circulator, it adds the language in the fare area and it also adds the route description later on in the document. It's -- my understanding of the discussion that was had here, and correct me if I'm wrong, that the intention is to move it with the statement that the fare will be free basically until this Commission takes action in the future to change that. Commissioner Spence -Jones: Right. Chair Gort: Correct. And we don't have to come back to the County. Mr. Sosa: That's correct. Chair Gort: Correct. Commissioner Spence -Jones: Right. That's -- Chair Gort: Okay. Commissioner Spence -Jones: -- going to the County. But we're saying that we do want you to come back in -- Mr. Sosa: Absolutely. City ofMiami Page 60 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Commissioner Spence -Jones: -- before the end of the year -- Mr. Sosa: No, absolutely. Commissioner Spence -Jones: -- because we may have changes that we may want to discuss or add or whatever. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: Could we also not corner ourselves with regards to the times? And the reason why is because, you know, just like Commissioner Suarez mentioned, I don't know if 6: 30 a.m. in the Health/Stadium District is the right time to start or not. I don't know if it's -- Ms. Bravo: Well, those times were developed based on the shifts at the stadium and, for example, the routes that have funding from FDOT is because these routes help alleviate congestion on the roadways, so they're looking at us capturing commuter traffic as well. And that's the primary reason we receive funds from FDOT. Vice Chair Carollo: Then with that said, could we not corner ourselves with regards to the times? Mr. Sosa: Through the Chair. Vice Chair Carollo: In other words, right here it stipulates 6: 30 'til 8 p.m. I don't know if the right time is 11 p.m., 11: 30. I'm telling you, I don't. I'm not an expert in this. So I don't want to corner ourselves just like with the fees where we are, you know, saying, hey, from this time to this time. So is there a way for us to, you know, also -- I don't know if the correct way is leaving it open or -- Commissioner Sarnoff.. What's the section you're reading, 3 -- Vice Chair Carollo: I don't know. This is the backup. Mr. Sosa: It's Exhibit B, I believe, that -- Commissioner Suarez: Figure 3A. Vice Chair Carollo: 3A. Ms. Bravo: 3A. Commissioner Sarnoff.. 3.A. Vice Chair Carollo: 3.A. Commissioner Sarnoff.. So why don't --? Chair Gort: But wait a minute. My understanding, and correct me if I'm wrong, the reason 6 a.m. was selected because of the shift at the hospital. Ms. Bravo: Correct. Chair Gort: People coming into the hospital and they come in at that time and you're talking at City ofMiami Page 61 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 least a few thousands of people. Commissioner Sarnoff. I get it. So why don't we do this. I think you might like this. So why don't we leave the operational times open to the strictures and the dictates of the CIP (Capital Improvement Programs) office as the data indicates, subject to review by the City Commission? Chair Gort: Change -- that could be changed by the City Commission, right? Vice Chair Carollo: Right. Mr. Sosa: That's how it's -- Chair Gort: Not going back to -- Mr. Sosa: -- it's currently -- Vice Chair Carollo: Yeah, that's what I'm saying. Mr. Sosa: -- written in Subsection 3.1 on page 5 that changes to ExhibitA or B -- those are the routes and the schedule -- shall be consistent with Miami -Dade County Code, Chapter 31, and be effective upon -- only upon the written consent -- basically this agreement -- and then it goes on to -- I'm sorry, changes to the exhibit shall be effective upon written consent of the County Mayor or his designee and the City Manager's designee. Basically it's an administrative process by which we can alter those times to be flexible. Vice Chair Carollo: Right, but subject to the County Commission approving and the County Mayor? Ms. Bravo: No. Mr. Sosa: No. Ms. Bravo: County Mayor. Mr. Sosa: County Mayor or his designee. Ms. Bravo: So it's an administrative process. Vice Chair Carollo: I'm sorry? Ms. Bravo: Since the -- Chair Gort: The administrators. Ms. Bravo: -- County Mayor is the head of the Administration at the County, it's only the County Mayor that would sign in concurrence with our City Manager or designee. Vice Chair Carollo: Okay. Ms. Bravo: So it's an administrative process after this interlocal agreement is approved by both the City and the County. Commissioner Sarnoff. So -- Vice Chair Carollo: Okay. I -- but I just don't want to corner myself to this 8 p.m. I'll tell you City ofMiami Page 62 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 right now, 8 p.m. is not going to work. So I don't know what the correct time is -- Ms. Bravo: Right. Vice Chair Carollo: -- but 8 p.m. is not because most restaurants are -- Mr. Sosa: That's correct. And we have -- Ms. Bravo: And again, these hours were developed based on the commuter needs and alleviating congestion. The City Commission has identified needs beyond that to help foster businesses in certain areas and that's why we're here discussing the hours. Vice Chair Carollo: So do we -- are -- do we have to set an hour structure? Mr. Sosa: We have to present something as a structure, but it can't -- it can be changed as an administrative process. I think a lot of it's going to have to do -- once these are up and running, we're going to sit down and evaluate the ridership -- Vice Chair Carollo: Right. Mr. Sosa: -- does it need to be extended or not. I mean, it's a process that we go through on a technical level and that's why the flexibility was built into the agreement for the routes and the schedules. Chair Gort: Let me ask a question. When do you believe the restaurants at the baseball stadium will be in operation? Will it be in April or like the opening or is it going to be before? Vice Chair Carollo: I think it might be a mixture. I think some may be open by that time, but then, you know, it will continue to be opening more and more as time progress. Chair Gort: What, we're talking about April? Vice Chair Carollo: Like I said, some may start being open at that time, but then as time progress -- Chair Gort: Because -- Vice Chair Carollo: -- more and more will be open. Chair Gort: -- the trolley hopefully, and God willing, it will be in operation in a month -- at least two months before anything takes place at the stadium. We can monitor and see what's going to happen, what are the flexibility, how many of people willing to use it. Commissioner Sarnoff. I think his concern, correct me if I'm wrong, if we go under the language as stated and it becomes an administrative issue, and let's say Commissioner Carollo comes up here three months later and says this isn't working, so we pass a resolution -- Commissioner Suarez: Right. Commissioner Sarnoff. -- and that resolution, let's just say for instance, says 11: 30 in the morning until 11 o'clock at night, and then he wants to know that this City, on its administrative side of course, would follow that. But what I don't think he's certain of would the County's Administration -- Vice Chair Carollo: You got it. City ofMiami Page 63 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Commissioner Sarnoff. -- then have to follow that as well. Mr. Sosa: We're comfortable with Miami -Dade Transit and their administrative structure. We've seen how they behave with Coral Gables, Hialeah, Doral, and we expect that same behavior with us in the sense that they're very flexible, they're very open. They want us to succeed, you know. They -- I don't believe that they would present administrative obstacles to these types of changes. Commissioner Sarnoff. Well, could we put language in there that would say subject to City of Miami Commission approval to the County, which will not be withheld -- Commissioner Suarez: Reasonably -- unreasonably. Commissioner Sarnoff. -- will not -- which shall not be unreasonably withheld? Mr. Sosa: Yes, we can -- and I'll read it so that we're together. The changes to ExhibitA or B shall be consistent with Chapter 31 ofMiami-Dade County and be effective upon the written consent of the County Mayor or the Mayor's designee. Such approval shall not be unreasonably withheld? Commissioner Suarez: No. That's not what you're saying, right? Commissioner Sarnoff. No. I -- Commissioner Suarez: No. Commissioner Sarnoff. It is with regard to the County, but I think what everybody here is saying is this board wants to decide definitively -- we want to be able to overrule, all due respect, you and Alice when you come back to him and say 7 o'clock is the time, and he comes back and he says no, it's 11. This Commission's going to listen to him. It's going to listen to you. And theoretically, we're going to pass a resolution. That resolution then is the City of Miami's position on what time to start the shuttle. And then we're trying to put language in that the County has to listen to the City and that it shall not be unreasonably withheld, andl think you know what the reasoning for "shall not be unreasonably withheld" because that's a term of art in contractual language that could be interpreted by a court of law that will say if what they've asked you -- Commissioner Suarez: You better have a good reason. Commissioner Sarnoff. -- is within -- right. Commissioner Suarez: Right. Vice Chair Carollo: And that was exactly my point. Commissioner Sarnoff. Now I know what you want. Chair Gort: Right on target, okay. Commissioner Sarnoff. You help us with the budget and we'll get you through the language and Chair Gort: Madam Clerk, are you getting all these amendments? Commissioner Sarnoff. As you would say, we're a team. City ofMiami Page 64 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Ms. Thompson: We were just discussing it trying to make sure that between Albert and ourselves that we get all of these amendments, and we also have the playback ability. Mr. Sosa: Right. Chair Gort: Okay. Mr. Sosa: I still -- just to be -- Commissioner Sarnoff. Go ahead. Vice Chair Carollo: Of course. Mr. Sosa: -- perfectly clear 'cause I'm still not clear. Vice Chair Carollo: That's fine, Alex. Mr. Sosa: The issue of the written consent for the change from the County Mayor, the Mayor's designee shall not be unreasonably withheld. I understood that part. I think we're in agreement on that. But you wanted to go further and to say that it's not the City Manager or their designee which can -- Commissioner Sarnoff. Subject to approval by the Commission. Mr. Sosa: Subject to -- okay. Commissioner Suarez: City ofMiami Commission. Commissioner Sarnoff. Right, subject by the City ofMiami Commission. Subject to approval by the City ofMiami -- so that we always have the ability -- let's say he learns the City Manager has adjusted the times to 6: 30 in the morning. Well, he brings up for discussion or he brings up on the agenda the change to 11 o'clock. And by the way, nobody's marrying these numbers. We're just having a hypothetical discussion. Vice Chair Carollo: Exactly. Commissioner Sarnoff. And he says, no. Commissioners, I modeled this. I've hired DPRZ and these are the folks that from Arizona and they are the best at modeling trolleys. And while the City use this one and they did it in-house, I have mine right here and the modeling shows this. This Commission hopefully would act in accordance with the facts, then we'll resolve 11 o'clock and then, as Suarez would say, well, then the County can't unreasonably withhold that approval to that change. Mr. Sosa: I understand. Chair Gort: Okay. The maker of the motion -- Commissioner Sarnoff. That's Spence [sic]. Commissioner Spence -Jones: Yes. I would like -- Commissioner Sarnoff. Seconder accepts. Chair Gort: You accept all the amendments? City ofMiami Page 65 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Commissioner Spence -Jones: Yes. Chair Gort: And we'll repeat the amendments to make sure we all know what the amendments are. Is the second of the motion accept the amendments? Commissioner Sarnoff. Yes. Chair Gort: Now, Madam Clerk, would you please let us know what the amendments are? Commissioner Suarez: Good luck. Ms. Thompson: Actually, no, I can't read them all. The -- Albert made -- I'm sorry -- Albert recorded some prior to going in discussion, andl know Albert has the rest of them that he kept reading back to you. Mr. Sosa: Okay. Chair Gort: Okay. Ms. Thompson: Thank you. Mr. Sosa: So let me begin with the amendments to the document that is front of you not as the floor amendment but the original one that was in the agenda. I'll begin with Section 3.1. Section 3.1, the second sentence will be modified to say changes to Exhibit or B can be effective only by the written consent of the County, Mayor or the Mayor's designee; such approval not -- cannot be unreasonably withheld. And on the City side, it would be the City Manager of the City ofMiami or their designee, subject to the approval by the City Commission. Chair Gort: Right. Mr. Sosa: As it -- that's as it relates to ExhibitA andB, which are the routes and the schedule. Chair Gort: The schedule. Mr. Sosa: Okay. In Section 3.2.1 as it relates to fares, where it says -- the language is in the second line. It's modifiedfrom time to time. The City shall initially have a three-month period. That will change. It'll say the City shall not collect a fare, period. Until further -- until a future -- any future action by the Commission -- Chair Gort: City Commission. Mr. Sosa: -- modifying the free fare structure. The rest of it will be stricken. Commissioner Suarez: I can change it up a little bit there just -- it says that the City Commission shall have the authority to enact a fee structure and amend it from time to time. Commissioner Sarnoff. Enacts a fee structure which shall be amendedfrom time to time. Commissioner Suarez: Which may be amendedfrom time to time -- Ms. Bru: Okay, let me just say something. Commissioner Suarez: -- by ordinance. City ofMiami Page 66 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Ms. Bru: Although I haven't been involved in negotiating with the County, my understanding from the attorney who was is that the County wants to know what your initial structure is. Whether that's free, then tell them. Mr. Sosa: Free. It will -- Ms. Bru: But how initial structure's going to be free. Commissioner Suarez: Right. Mr. Sosa: That's what we're saying. Commissioner Sarnoff. Right. Mr. Sosa: The initial structure shall be -- Chair Gort: And then we can change it in any way we want to. Mr. Sosa: -- no fare will be collected, period. And then we will go on to say -- Commissioner Suarez: Right. Mr. Sosa: -- this fare structure can be modified by the City Commission through ordinance from time to time. Commissioner Suarez: Perfect. Chair Gort: Okay, thank you. Do we have it? Mr. Sosa: And -- wait. No, I continue. I'm sorry. I was writing. Chair Gort: Okay, go ahead. Mr. Sosa: Then we move on to ExhibitA. On ExhibitA, the following language is added at the end of Exhibit A. Overtown Health District Circulator trolley: The trolley will operate in a one-way loop within the Health District Overtown area. This trolley will connect to the Culmer Metrorail station on Northwest 7th Avenue, the Allapattah/Overtown route, and the Health District Stadium route as described above. The route will traverse Northwest IOth Street, Northwest 2ndAvenue, and Northwest 8th Street in Overtown. In addition, the trolley service will serve major facilities and parking garages in the area, including University ofMiami hospital, Jackson Memorial Hospital, Miami Dade College, schools and parks, the Lyric Theater, and other civic institutions in the area. Then the last change would be to Exhibit B. At the very bottom of the Exhibit B, again, we're adding a new route, which is the Overtown/Health District Circulator, with hours of operations, headways, and number of vehicles to be determined at this time, pending additional research. Chair Gort: Okay. Any other amendments? Vice Chair Carollo: Yes, Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: Instead of going through the amendment process, I already want to change the time on the Health/Stadium District from 6:30 a.m. to 8 p.m. to 6:30 a.m. to 11:30 p.m. until we could get some actual data and see how it's doing, and then we could go through the City ofMiami Page 67 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 amendment process. So for right now -- Chair Gort: Okay, the operating hours will be from 6 to 11. Vice Chair Carollo: From 6: 30 to 11: 30. Chair Gort: P.M? Vice Chair Carollo: 6:30 a.m. -- Chair Gort: Okay. Vice Chair Carollo: -- till 11: 30 p.m. Chair Gort: 11: 30 p.m. All right. Mr. Sosa: That will be a change to Exhibit B, the third route from the top. Vice Chair Carollo: Correct. Chair Gort: Okay. Any further amendments? We got them all? Commissioner Suarez: Yeah. I would actually -- I would -- if we're going to do something like that, I would increase the Brickell/Biscayne route since those are the first two routes that are going to be going online with a district Commissioner's permission if he so -- 'cause he seems inclined to do this anyways -- increase it to the same 11: 30 p.m. at least. Chair Gort: Let me ask a question. The starting time for Brickell should be a little later. Commissioner Suarez: That's up to him. Commissioner Sarnoff. I'm not sure that -- Commissioner Suarez: I know the ending time has to be later, that's for sure. Andl think we agree on that. Commissioner Sarnoff. I'm not sure that's right 'cause I -- Commissioner Suarez: Okay. Commissioner Sarnoff. -- I've been going -- when I went for the trial, we were in the office by 6: 30 and you wouldn't believe the number of people -- Commissioner Suarez: Oh, no. I don't disagree with you on the start time. What I'm saying is the end time should be instead of -- Commissioner Sarnoff. I think you're going to see a modeling is going to come down a lot. We're going to see that this is not going to go out to 2020. It's going to go out to 2017, 2018. Well, let's see. Let's see what it does. Mr. Sosa: Gives us a starting point. Commissioner Sarnoff. I agree with you. I agree with you. So the -- Commissioner Suarez: Okay, so you want to change that to 11 --? City ofMiami Page 68 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Commissioner Sarnoff. So the maker accepts. The seconder accepts. Commissioner Spence -Jones: I accept. Chair Gort: Okey-doke. Commissioner Suarez: Okay. Mr. Sosa: So that change would be to the first line on Exhibit B -- the first route, excuse me, where it will say 6:30 a.m. to 11:30 p.m. on the Brickell/Biscayne route. I am going to add another amendment that I just caught. At the Exhibit B, the first paragraph, the last line, it talks about a fare. We're going to delete that last line where it says, in addition, the City anticipates providing extended hours of service to the stadium on Marlin game base for a $1 fee. We're just going to strike that line completely. Commissioner Sarnoff. Agreed. Vice Chair Carollo: The whole line. Chair Gort: Yeah. Any other amendments? Come on, we're going good. Anything else? Commissioner Sarnoff. I feel like Congress. Chair Gort: Okay. Commissioner Suarez: No, we're much better than Congress. I just came from DC (District of Columbia). Chair Gort: Okey-doke. Motion and a second. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Chair Gort: No nays. Thank you. RE.3 RESOLUTION 11-00851 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Administration CITY MANAGER TO ACCEPT A REIMBURSEMENT GRANT FROM THE SOUTH FLORIDA WORKFORCE INVESTMENT BOARD ("SFWIB"), IN THE AMOUNT OF $1,488,206, FOR PROGRAMMATIC AND OPERATING EXPENDITURES AND $790,042 FORA JOB TRAINING PROGRAM, FOR A TOTAL AMOUNT OF $2,278,248, FOR THE ESTABLISHMENT OF A NEW ONE STOP WORKFORCE CENTER ("CENTER") AT THE LINDSEY HOPKINS EDUCATIONAL FACILITY ("FACILITY"), ANDA REIMBURSABLE GRANT FROM SFWIB IN THE AMOUNT OF $50,000, FOR THE RENOVATION AND IMPROVEMENTS TO THE FACILITY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH SFWIB AND TO EXECUTE ALL OTHER NECESSARY DOCUMENTS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANTAWARDS; FURTHER AUTHORIZING THE ALLOCATION OF FUNDS IN AN AMOUNT NOT TO EXCEED $50,000, FROM THE SPECIAL REVENUE FUND City ofMiami Page 69 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 ENTITLED "ACCESS MIAMI" TO UNDERWRITE EXPENSES RESULTING FROM THE ESTABLISHMENT AND OPERATION OF THE CENTER NOT COVERED UNDER THE GRANTS; AND FURTHER AUTHORIZING UP TO THIRTY (30) GRANT FUNDED POSITIONS IN THE OFFICE OF GRANTS ADMINISTRATION AND SUSTAINABLE INITIATIVES. 11-00851 Summary Form.pdf 11-00851 Career Center - Proposal.pdf 11-00851 Legislation.pdf 11-00851-Submittal-Slide Presentation -Workforce One.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chairman 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-11-0444 Direction by Chair Gort to the Administration to provide a monthly report to the City Commission regarding the City's compliance with the grant requirements issued by the South Florida Workforce Investment Board. Chair Gort: RE.1. Luis Cabrera (Assistant City Manager): Mr. Chairman. Chair Gort: Yes. Mr. Cabrera: Mr. Chairman. Chair Gort: Yes. Mr. Cabrera: Can we hear RE. 4? We have some guests that are attending -from South Florida Workforce to hear RE.4. Lillian Blondet (Director, Grants Administration): RE.3. Mr. Cabrera: RE.3. I'm -- stand corrected. Chair Gort: RE.3 is -- Mr. Cabrera: The South Florida Workforce. Chair Gort: Yes. Mr. Cabrera: Thank you. Chair Gort: Yes, ma'am. Who's going to make the pres --? Ms. Blondet: I am. I'm here. Chair Gort: Go right ahead. Ms. Blondet: RE.3 is -- City ofMiami Page 70 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Commissioner Spence -Jones: Name. Ms. Blondet: -- I'm going to have a presentation -- Lillian Blondet, Office of Grants Administration and Sustainable Initiatives. We're bringing before you an item for a new One Stop Workforce Center in Allapattah. I have prepared a presentation. I would like to go over that and maybe that will address many of the questions we've had in the past and also will provide information to the public who are listening at home. We have here also the executive director from South Florida Workforce -- Chair Gort: Okay. Ms. Blondet: -- and Marian Smith, his assistant, so if there are any questions for them, they're here also to help us with that. Chair Gort: Go right ahead. Ms. Blondet: Again, I'm just going to start with the basics of what is the South Florida Workforce, what they do, and then we'll come into the detail of the resolution and this project in specific. South Florida Workforce is the entity responsible for implementing workforce programs that are federally and state funded. They're accountable for implementing projects and overseeing initiatives and accountable for the funding that they use. This is a workflow on the organization and the funding as it's received for these projects. It comes -- the funding comes from federal departments -- Chair Gort: Is that going to be a while? Ms. Blondet: You want me to continue? Chair Gort: Okay, why don't you sit down a minute and let's -- RE.4, you wanted to discuss it. They're not ready. Are you ready? Ms. Blondet: I am, but the computer is not -- the system is not. I can continue without the -- Commissioner Spence -Jones: I think we all -- Ms. Blondet: -- overhead. Commissioner Spence -Jones: I think we've all been briefed. Ms. Blondet: And think we have paper presentations that we have -- Commissioner Spence -Jones: Correct? You need -- do you need the PowerPoint presentation on this? Chair Gort: I don't. Vice Chair Carollo: I would prefer to see it if she has it. I -- Commissioner Spence -Jones: Okay. So you want to move on to another item? Ms. Blondet: I think we have -- Mr. Cabrera: Commissioner, we have a printout of the PowerPoint presentation. Ms. Blondet: -- handouts of the -- City ofMiami Page 71 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Mr. Cabrera: We'll go ahead and provide it to -- Ms. Blondet: -- PowerPoint presentation. Commissioner Spence -Jones: Thank you. Ms. Blondet: You know, I can move through that one. Mr. Cabrera: So you can follow through -- Vice Chair Carollo: That'll work. Ms. Blondet: But the color one is -- Vice Chair Carollo: That'll work. Ms. Blondet: -- so pretty. Vice Chair Carollo: We don't need a cover. Thank you. Ms. Blondet: I have a slide of the organization -- a basic organizational chart and also how the funds flow for the programs. The funds come from different departments at the federal level and they are funded or passed through to the state. There are different entities there that get the funding, different agencies, and the State has created about 24 regional workforce boards. Those are the agencies and entities that work at the regional level in the different counties and communities that address specific needs of unemployment in those areas. For South Florida, for Miami -Dade and Monroe, we have Region 23, and that is known as the South Florida Workforce Investment Board. Under that, we have 12 existing One Stop Centers, and what we're proposing is to open a new one in the City ofMiami. The core purpose -- I'm going to go quickly over this -- is to basically match the needs of the community in terms of the supply of jobs and the needs for jobs. The South Florida Workforce under all these programs and funding streams offers an array of services to the community -- to the business community as well as to the job seekers. They provide assistance to both parties and -- you know, when needed and when approved, also provide training at no cost to either the job seeker or to the businesses. Their objective basically is to provide a one stop center, one location where you can match the businesses and the unemployed people and you can facilitate the job finding process and place someone into a job that provides a decent wage. Services, as I said, they go from providing services to the businesses and to the job seekers, and there are different levels depending on the funding source and the needs of the people who use the center. They can be from a -- somebody that just needs an assisted services, they go and use the computer and look for jobs in the center, to somebody that needs intensive services and they're going to be using the center on a monthly basis or more and they're mandated to use the services. And they use -- provide services to targeted industries and certain group of job seekers that have been identified as needed -- needing specific assistance. These are some of the indicators for Miami -Dade County. The unemployment -- I don't need to go over that -- is very high in Miami -Dade. Some of the areas in the City are much higher than the 13.9 that we have there. Workforce Region 23 has a job fill rate of about almost 50 percent and they have found jobs to over 17,000 people for the fiscal year ending July 2011. Targeted industries, I think I had questions on this. If you go to a South Florida One Stop Center and you are going to be trained, these are the targeted industries that will be looking into placing people or bringing to the city: life science biotech, health services, IT (Information Technology)/telecom, aviation, waste management and green jobs. This -- when we started this project, we were tasked with finding a location that could serve as a One Stop Center. You have to have at least 5,000 square feet. You have to have ample parking for all the people to use the center. You have to open from 8 to 7, Monday through Friday, and it has to be low cost, as I said City ofMiami Page 72 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 before. And it has to be in an area where there is no One Stop Center right now and there's a great need for these type of services. With conversations with the School Board, we were able to identf the Lindsey Hopkins facility as a site that could be used as a One Stop Center. They have a fourth floor of the school which is not being used and this provides 6,200 square feet to open a center. We have received great assistance from Workforce to create this layout that is already underway being, you know, designed, and also the School Board is working with us to facilitate the site. This is the actual layout for the Lindsey Hopkins site. As you see, when people come in, they will be able to use the services and resources as needed. You have from the computer banks to areas where they receive workshop training, orientation or specific case management. Andl want to make sure this is the actual layout for the site. The South Florida Workforce, it will be paying for all the design, and they're working with the School Board and the City to move this forward. And this is already underway. The School Board is working with us and they'll be providing a great -- the cost for this will be minimal. They're just -- there are 15 days in the year when the school is closed, but the center has to remain open so that all we have to pay is for those days that the center is -- has to be open, and I'll go over that in detail a little bit later. The school is located at 750 Northwest 20th Street and it'll be on the fourth floor. So now I'm going to go over the resolution, which covers four things today, what we're asking the Commission to approve -- recommending for approval. Number one is the acceptance of the funding. We have been -- South Florida Workforce has approved a million, four hundred thousand eighty-eight, two hundred eight dollars for programmatic expenditures. This is what would pay for the salaries of the people and the administration of the program. Seven hundred and ninety thousand dollars with forty-two, that's for the training vouchers. That money doesn't come to the City, but when we identify that someone can participate in a training, this is the money that will be available to pay for their training on those industries that we identified. Those are the trainings we can pay for. This is a two-year contract -- I'm sorry, a one-year contract with the option to renew for two years. And we have been informed that we'll have about 550 cases of people that have to go to the center and use the services that will be offered there. So that's number one that we'll be asking the Commission or recommending the Commission to approve the acceptance of this funding. Number two, we have also been awarded a grant of 50,000 -- up to $50, 000 for the renovation of this site. There's minor renovation that has to be done to the fourth floor, like installing doors and installing sinks and just some minor renovations. We're working with the School Board on this and it has to move through their process. So they also gave us a grant for that so we can pay for any costs associated with that. It will not hit the general fund when we have to do the renovation. I also want to let you know that we have to bring at a later meeting an agreement that -- with the School Board for the use of the facility. It has to be approved by School Board before we can bring it before you, so that'll be forthcoming at a later time if this gets approved today. Number three, there's some cost, as I mentioned before, associated with having the center at Lindsey Hopkins. We have to pay for the cost for running the center on the days that the school is closed, and we also have to pay for telephones, so we have allocated about $50, 000 from Access Miami that can pay for those expenses. That is for the first year. If the program is extended for a second and third, we would have to identf funding sources to pay for those expenditures. And number four, we're asking for approval for up to 30 grant funded positions. These positions will be full-time, unclassified, part-time temporary or full-time temporary. We'll likely start with the minimum, you know, number of people that can provide services on a -- for the mandatory services and then we'll grow from there. So we're expecting maybe 12, 15 people to start and we'll move from there as we need personnel to attend the services and the demand that the center has and also funding permitted, depending on how much funding we have. So we'll probably have somewhere between 20, 25 people working at the center when it's at full capacity, depending whether the, you know, mix that we have between full-time and part-time people. And the -- this will be done -- to hire the people, we'd go through the City's hiring process. It will be open to outside or current employees of the City to be hired for these positions that we're creating. They have to be -- you know, comply with the requirements or meet the requirements of the positions that are being created to work at the site. This is the funding detail. As I said, we're getting $1, 488, 208. We are allowed to get 10 percent for administration. The remainder can be used for program City ofMiami Page 73 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 delivery, so that will be between salaries, fringes, indirect costs and other operational expenses, like supplies and maybe parking and tolls and things like that. The City investment we have identified is about $50, 000 a year, so the total investment for the project is a little bit over $1.5 million. Commissioner Suarez: Mr. -- Ms. Blondet: And this -- Yes? Okay. This slide, the last slide is just some main rewards and risks that we have identified and I'm sure this is what many of the questions come. It's a facility that will provide a -- services in an area that there's a lot of unemployment in the City, so we'll be able to manage the local unemployment need. We're getting a grant for a new project that the City has to pay just a small amount of money. It's a great location. It's a partnership with -- between three public entities and it shows how the three big entities can work together benefiting the residents of the City ofMiami. We could use the center as a location where City projects can be referred or employers can be referred to hire City residents. Again, it's a location with high unemployment. In risk, like any grant, you have a potential for reimbursements not being paid, disallowances because the programs are not being run properly. This is -- it's a program that is funded on an annual basis. Every year the funding may be different. It can be reduced. It's competitive after three years, so it may not -- you know, it's not guaranteed that we're going to get it then. It's definitely a new service and program for the City so we will need to make sure that we can hire staff and find staff that is experienced on this field. The side agreement with the School Board is an annual agreement -- it will be an annual agreement, so right now it's a positive rental fee and cost for the City, but that can change at any time. And again, the funding levels, you know, may or may not be enough for the demand of services that we'll have at the site. And with that -- Chair Gort: Okay. Ms. Blondet: -- we can move the resolution -- Chair Gort: Thank you. Ms. Blondet: -- or open -- Commissioner Suarez: Mr. Chairman. Chair Gort: Yes, sir. Ms. Blondet: -- for questions. Commissioner Suarez: Thank you. First of all, I want to thank the Vice Chairman for, first of all, his work and service on the board, but also for asking to make the presentation because even though I did get briefed, there were some things that were in here that had not been told before. And one of the ones that really struck [sic] out, which is the main question that I asked you when we briefed, was the job filled rate. I mean, that is astonishing, 49.42 percent. That's an extremely high rate -- I think that's an extremely high rate. I don't know how everybody else feels about it, but to me, almost 50 percent of the people that are trained and processed through the program get a job. To me, that's a very high rate. My hope is that we can meet or exceed that in our own program, and I'll let the Vice Chairman, who has dealt with this very intimately, you know, give his thoughts on that. Another thingl wanted to mention is it would be -- I'm looking at the job industries that you're focusing on and that can coexist very well with what we're trying to do at the CRA (Community Redevelopment Agency). And so what I would ask is that you coordinate very closely with the CRA because the CRA right now just funded hospitality industry [sic], which is not -- which makes sense that it's not one of the ones that you're doing because we don't want to have duplication. We want to have things that -- City ofMiami Page 74 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Ms. Blondet: These are industries that are identified by South Florida Workforce -- Commissioner Suarez: Right. Ms. Blondet: -- so the whole region works on those targeted industries. And we'll be (UNINTELLIGIBLE) 11: 39: 53 -- Commissioner Suarez: And what I'm saying is in addition to that, the CRA is doing a job training program for hospitality, which is not one of these, so whatl would request is that there be a high degree of communication. A lot of times what happens in government is the right hand's not talking to the left hand. Actually, the right hand's not talking to the left hand, not the other way around. So we'll see people doing duplicate -- you know, duplicative things all the time. So I just -- you know, that was something that I hadn't seen either until this slide, and even kind of broached them and said, you know, maybe we can delay this 'cause I hadn't seen some of this stuff. So I -- you know, I think that's great. Ms. Blondet: I really appreciate that you gave us the time because I think, you know, at least we get the discussion going on this project, which is a new venture for the City. Commissioner Suarez: The last two things I want to point out are -- one is the per -case price. I did the math very quickly. It's about $4, 000 per case. That's -- to me, that seems like a pretty reasonable amount of money. Ms. Blondet: I think that's correct for the region. I think that's (UNINTET,TIGIBT,F) 11: 40: 50 -- Commissioner Suarez: When you consider the benefits. Ms. Blondet: So that's the correct number. It may be a little bit higher, but on the numbers that we got for the region closing, it's about that much. Commissioner Suarez: And when you say administration -- it sounds like 10 percent of all the grant funding -- and the Vice Chairman, correct me if I'm wrong, 'cause he has a great understanding of this -- is administration, 90 percent program delivery. So it seems like 90 percent of every -- 90 cents out of every dollar you're getting is going to actually deliver programmatic benefits to the -- Ms. Blondet: That's correct. By regulation, only 10 percent can be used for administration. Chair Gort: Thank you. Commissioner Spence -Jones: Mr. Chairman. Chair Gort: Yes. Commissioner Spence -Jones: Do you --? Chair Gort: We yield to you. Commissioner Spence -Jones: Everyone knows that this is a real sensitive issue at least for me. I know that -- first of all, I guess all of my colleagues on the dais, we know that out of the top three issues we deal with that are the most important issues for City ofMiami residents would be jobs, definitely hands down. Of course, I'm very excited about Willie Porro and Lillian Blondet. We're finally able to get this. Andl know, Rick, you know, this is something that, you know, from day one coming here I thought it was extremely important for the City ofMiami to have its own one City ofMiami Page 75 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 stop shop, not that had a problem with the one at 79th Street, but sometimes you can be so big that it's very difficult to kind of drill down and help the people in certain communities. So I'm excited that we are having one. But I just want to caution us and to make sure that we are really prepared to take on this responsibility and to make sure that we put the necessary things in place. One of the biggest concerns I've always had -- and I've had this conversation with you too, Rick -- is the one thing that I don't want to do is build hope in people by taking them through trainings, okay, and then at the end of the training they can't get a job. Because it just becomes a very frustrating process for them. So I think that we have to always look just beyond just the training and going through the service. And I'm doing a lot of work on that now to make sure that, you know, we're on the right track. I love the idea that we have the OJT (On the Job Training) opportunities, which means individuals can be -- can work up to eight weeks. I think that's -- I think it's eight weeks or eight months? I'm sorry. Chair Gort: Can we have you come forward, please? Commissioner Spence -Jones: I'm sorry. Rick Beasley: Good morning to the Commission. My name Rick Beasley, executive director of South Florida Workforce. You can use the dollars up to six months. Commissioner Spence -Jones: Okay. Mr. Beasley: Keep in mind the OJT is a great mechanism particularly for the center to use to incentivize employers to hire. Commissioner Spence -Jones: Yes. Mr. Beasley: So you really don't have to put folks in the training, but you can use those dollars to incentivize employers to hire. Commissioner Spence -Jones: Okay. Mr. Beasley: And also to the Commission, Commissioner Suarez's item in terms of hospitality, we really want to see the connectivity between that Hospitality Institute in Overtown and this center, as well as the Life Science Park right across the street with the University ofMiami. Commissioner Spence -Jones: Well, I can say this, Mr. Beasley, again this is something we've talked about a very long time -- Mr. Beasley: Yes. Commissioner Spence -Jones: -- even when we first started the Hospitality Institute -- Mr. Beasley: Correct. Commissioner Spence -Jones: -- in the Overtown area. You've been there from day one supporting us on that effort, andl did see Ms. Julie Grimes, which is the chairperson -- Mr. Beasley: Yes. Commissioner Spence -Jones: -- and the owner of the Doubletree yesterday for lunch for a women's meeting we had and she definitely mentioned that you've already reached out to them to Mr. Beasley: Yes. City ofMiami Page 76 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Commissioner Spence -Jones: -- try to figure out how we begin this process. So you're definitely doing -- taking the steps in all the right direction. I just want to make sure that we don't create a -- the same type of scenario in the City ofMiami where people aren't really being impacted or affected in a positive way. Mr. Beasley: Correct. Commissioner Spence -Jones: These are the four areas thatl think are extremely important -- so thank you, Rick. Mr. Beasley: Appreciate it. Commissioner Spence -Jones: These are things that I want to make sure staff on our end, Lillian and Willie, address. I definitely feel like it's very important that we have an operational plan on how the center's going to run and operate. It cannot -- you know, the City's not in the business of doing this kind of business, so we do not want to -- before -- I'm sure we're going to vote on it today because it's something that's important that we need to get done, butl want to have all these caveats added to it because I know it will be an issue. We definitely need to have an operational plan to make sure that we stay -- we understand what our goals and objectives are. Mr. Beasley: Right. Commissioner Spence -Jones: Number two, I think it's extremely important that there is some sort of -- unlike the other ones you may have, have some sort of advisory council put in place, either the Commissioners can have appointees on it, that board, or we can -- it doesn't matter how we do it. I think it's extremely important 'cause every single last one of these Commissioners sitting up here, even though I believe it sits in Gort's district, if I'm not mistaken, Lindsey Hopkins sits -- Mr. Beasley: Correct. Commissioner Spence -Jones: -- in your district. Chair Gort: Yes, ma'am. I'm the one the -- about a year ago, I talked to the City Manager to make sure that we get involved with the Workforce -- Commissioner Spence -Jones: Yes. Chair Gort: -- and we create this facility today. Commissioner Spence -Jones: Right. So it sits in his district but it services every single last one of the Commissioners. Chair Gort: The whole city. Mr. Beasley: Exactly. Commissioner Spence -Jones: So I think that the advisory council idea is a very good idea to make sure that we oversee -- whoever's overseeing the center, we meet our targets. Because at the end of the day, what has not been really stated here is that if we don't meet our objectives, then we are in a world of trouble. And quite frankly, I don't want to be in a world of trouble and having to pay anybody back anything 'cause, quite frankly, we can't afford to do that. Mr. Beasley: Right. City ofMiami Page 77 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Commissioner Spence -Jones: So the only way that we make sure we meet our goals and objectives is to make sure I think having someone -- even if they meet quarterly, our council, just to make sure that the center's meeting the numbers, that we're getting the jobs, that people are satisfied with our work performances and that we're doing everything according to the state and federal law. So I would like to definitely make sure that we have a council put in place. The other thing that want to mention as the third thing -- and this goes to Commissioner Suarez's comments -- we got all -- six -- regardless of all the jobs that are out there, the City itself and every single last one of these Commissioners sitting up here, I know we have all combined between City and CRA, at least $60 million worth of projects. So if nothing else, the City staff needs to make sure -- I'm not concerned about what the County's doing and all the outside -- we definitely need to do those jobs. But if we know that we have $60 million worth of projects, meaning they could be construction projects that, you know, affect our parks, affects our streets, these are things we're building. So there's no reason in the world to me that those people coming through that center cannot get placed because -- this is the reason why I wanted to make sure that when we get ready to vote on a contract, I don't want -- I didn't want to waive my right because I knew when I started building my park in Moore Park and I'm going to spend $10 million there, I know for a fact that I can now send them over to the one stop shop -- Mr. Beasley: Exactly. Commissioner Spence -Jones: -- and say, hey, look -- Mr. Beasley: Exactly. Commissioner Spence -Jones: -- once you go through this training, there should be -- and you're getting paid to go through the training -- there should not be any reason why you're not placed and working at Moore Park. Mr. Beasely: Exactly. Commissioner Spence -Jones: We control that money, andl think it's important to make sure the City staff will start with us first, the money we have, in order to make that happen. So that's number three. The -- Commissioner Suarez mentioned the Hospitality Institute. You're already doing it. We're now expanding it to include culinary. If gambling happens -- and I'm not a big gambling supporter, but that's neither here nor there -- but if gambling does happen downtown, then we're going to have so many restaurants and so many hotels and people are going to have to be trained. Mr. Beasley: Exactly. Commissioner Spence -Jones: So we need to get in line right now to make sure that one stop shop becomes the place where people tap into. So I'm glad to hear that we're moving in that direction, but we have to have a plan in order to make that happen. The fourth thing that I want to mention -- and I'm going to say it -- again, not saying anything negative about staff but I just want to make sure it doesn't happen. I know that we have 30 positions. I do not want this program to become the dumping ground for everybody that don't have somewhere else to work or they need to find somebody a job and these people do not have the expertise on helping people get trained and ready to go to work. If these individuals that we hire to either run the center, to operate the center, or to be a part of the center has to have experience. And I've heard through the grapevine that, you know, this becomes an opportunity for certain employees to at least have another position. The only way they should even be considered for these positions is if they have the experience or knowledge on how to -- because I'm telling you, we will be setting ourselves up for failure for putting people in positions that don't know what they're doing. So I think it's extremely important that the staffing part of this and the criteria is put in place so that we don 't City ofMiami Page 78 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 have that as an issue. I would like to also understand the timelines for the opening of the center. You know, I want to hear from Lillian on that. You know, when are we looking at opening the center and when are we going to start hiring people because I think that's extremely important to know. And I'm hoping that the advisory council or whatever we decide to put in place is in place so that we don't have this issue, and then my -- I will give you my last comment in the end, but could you respond to me, Lillian, on when the center plans on opening and when do we plan on hiring. Thank you, Mr. Beasley. Ms. Blondet: We're working very closely with South Florida Workforce and with the School Board. As I said, we have three big entities working on this. The one item that has to move and get done before it can open is the rehab of the facility, so that's the one thing that we need to get moving, which is moving, andl have to say that the School Board is working and their staff you know. They're supporting this project 110 percent, but it has to go through the process of approval of plans, of going through procurement, giving the contract to someone that can do the work. It's in a school, so it has to follow all of their procedures. We are hoping -- also, we have to have the agreement in place before any of this can start. That contract with the terms and conditions is already moving through the School Board, but it has to come to the School Board before it comes to Commission. Commissioner Spence -Jones: Okay. Ms. Blondet: So I'm hoping that we can bring this item to Commission for approval in December Commissioner Spence -Jones: Okay. Ms. Blondet: -- for the use of the site -- Commissioner Spence -Jones: Okay. Ms. Blondet: -- because the first thing we need to do is sign that so that we can start renovation. Commissioner Spence -Jones: Okay, but are we hiring -- Ms. Blondet: So -- Commissioner Spence -Jones: -- are we going to be hiring at the same time of the renovation? Ms. Blondet: -- that's -- Yes. Commissioner Spence -Jones: Okay. Ms. Blondet: Yes. It's different items have to move in parallel for this to work and that's what we're trying to do. By approving the funding today, then we can budget positions and then we can start the hiring process. Commissioner Spence -Jones: Right. Ms. Blondet: So while we are getting plans approved on one side, we can start the budget and hiring process. As I said before, we're asking for 30 positions. I don't see with the funding that we're getting today that we can have 30 positions. Also, we're not recommending that we start with all the positions because we're not going to have 100 percent demand for services. Some of the services are optional as people come through the system. So as we get those services ramped up, then we'll be making some of the part-time positions full time and things like that. So we're going to have a smaller staff to start. Hopefully, when we get all these pieces together, our goal City ofMiami Page 79 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 is maybe to open sometime in late January, February, maybe not to the public. Remember -- Commissioner Spence -Jones: Okay. Ms. Blondet: -- we have to set up the -- Commissioner Spence -Jones: Yeah, operations. Ms. Blondet: -- site. We have to train the people. They have to, you know, attend to the training offered by South Florida Workforce. So I think to the public, our goal will be somewhere in the first quarter of 2012, but I will not recommend opening the center until we have -- Commissioner Spence -Jones: Everything in order. Ms. Blondet: -- staff that is qualified and trained. Because like you said, Commissioner, that's -- when you're running a grant, that is the most important thing, to have people that can comply with the requirements so that we avoid any disallowances. Chair Gort: So you're looking at the opening for the first of the year. Commissioner Spence -Jones: The first quarter. Chair Gort: First month of the year. Ms. Blondet: No. I don't think realistically, Commissioner, that we'll be able to be offering services to the public then. Chair Gort: I know, but opening the facility -- Commissioner Spence -Jones: In first quarter. Ms. Blondet: First quarter. I would say sometime in the first quarter. Chair Gort: Okay. Commissioner Spence -Jones: Okay. Mr. -- Ms. Blondet: Because also the construction has to be finished. You know, we have to do renovations, so that may take -- Chair Gort: Yeah, that's -- Ms. Blondet: -- longer, less -- so I can bring -- you know, once we move a little bit closer to that -- on that track, I can bring you an update of how that renovation -- Commissioner Spence -Jones: Okay. Ms. Blondet: -- project is going. Commissioner Spence -Jones: I just had one more point. And that is -- only reason why I asked that question, I think CIP (Capital Improvements Program) and any other City -related project that's going on needs to now be really coordinating with you on that effort and Willie Porro now to see what we're going to be rolling out in the first quarter. Because the reality is we don't want to really miss that bus -- that boat so we want to start now talking about it. I know I have two projects breaking ground in January in my district, so I know that this is something that we can City ofMiami Page 80 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 begin now, you know, sliding people in. Ms. Blondet: Getting the permission, yeah. Commissioner Spence -Jones: I just want to make sure that communication happens. Ms. Blondet: I -- yeah. I think, Commissioner, you know, going to what you said before -- I mean, and we talk about the people who are unemployed, which is a human, you know, who suffers when you lose a job. But I think the committee that you mentioned and the council will bring a great opportunity to bring in businesses into the equation -- Commissioner Spence -Jones: Yeah. Ms. Blondet: -- which is part of the One Stop Center. Commissioner Spence -Jones: No, I -- Ms. Blondet: I think that if we concentrate efforts on that part of the equation, then you have your supply of jobs -- Commissioner Spence -Jones: Yes. Ms. Blondet: -- that are going to meet or exceed hopefully your demand. Commissioner Spence -Jones: Yeah. Ms. Blondet: And I think that council will bring that into this center -- Commissioner Spence -Jones: Yes. Ms. Blondet: -- 'cause the demand we know is there. Now, you know, we need to work on the supply of jobs, like you were saying, use this as a conduit for City projects and any City business Commissioner Spence -Jones: right. Ms. Blondet: -- that can bring and can use this site as a place to go and hire. Commissioner Spence -Jones: Just let me -- Chair Gort: Thank you. Yes, ma'am. Commissioner Spence -Jones: My last comment. I got you. I just want to make sure there's some coordination. Ms. Blondet: I agree. Commissioner Spence -Jones: Last but not least, and this is really addressed to my colleagues and especially to Commissioner Carollo and the City Attorney. It is -- the center itself definitely needs to be a major priority for all of us becausewe know that jobs is the number one -- one of the num -- one of the issues in our city. But one of the things I wanted to mention 'cause I think it's extremely important, you know -- I -- this is one of the reasons why I reached out to the City Attorney and to Commissioner Carollo's office. It is so important that even though we know we can't really communicate beyond the dais like we get on the dais and we talk about the issues, we are capable, guys, of definitely having sunshine meetings to address these issues 'cause we can't City ofMiami Page 81 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 get it all done at a City Commission meeting. Andl know that one of the reasons why we reached out to your office to have a sunshine meeting is because I know that -- one thing know about you, you will drill the numbers down to the penny, andl wanted to make sure that we -- you andl put our heads together for our initiative, Miami Works, to really make sure that we don't miss a beat on it. You know, I don't have a problem with you. I love your drilldown. You know, some people might think your drilldown is a little too much drilldown but Ilove it. So I just want to be clear on the record, Madam City Attorney. This is an effort that, through Miami Works, Commissioner Carollo andl, thatl really wanted to be able to work along with him to make sure we do it right, you know, not just for the one stop, but just in general. What we expect for people that want to do business, that get land from us, that get money from us, we want you to invest back in our people, you know, and that's the whole purpose of the discussion. And know when I can be soft, you can be hard, and that's great. We need that combination. So I just want to be clear. What steps do we need to take so that he's comfortable and I'm comfortable -- unless you don't want to work with me, and that's fine. Vice Chair Carollo: Or I could be soft and you could be hard. Commissioner Spence -Jones: Okay, that's fine. So what -- just so I'm clear, can we have a sunshine meeting, him andl, on this Miami Works initiative without either one of us having an issue? Julie O. Bru (City Attorney): Of course, Commissioner. I think through the City Clerk's office you can get a mutually acceptable convenient date and notice the meeting and then have the meeting here at City Hall or any other place where the public is accessible. Chair Gort: Right. Commissioner Spence -Jones: So I just want to make sure you comfortable. Chair Gort: Yes. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: Thank you. First of all, I'm glad -- so, you know, there's no thought that there's any hidden agenda or so forth, you know, we could have a sunshine meeting in the public and discuss some of these issues that definitely would like to team up with you and do. Commissioner Spence -Jones: Thank you. Vice Chair Carollo: At the same time -- and it's quite obvious that, you know, jobs is very important to us. It's definitely very important to Commissioner Spence -Jones. She's said it many, many times, as all of us up here. And you know, I have to admit, I was quite impressed because you touched upon all the points that was going to say. Commissioner Spence -Jones: That's why we need to be a team. Vice Chair Carollo: Yeah. Let me tell you something. I really was very impressed because the truth of the matter is, yes, we're talking about one stop, we're talking about, you know, jobs and job creation and so forth, but it's not that easy. I mean, these are highly restrictive funds and you're right on target. I'll be honest with you. To get my vote on this, I need to definitely know who's going to be managing this One Stop Center. I need to know there's going to be accountability because the last thingl want is for later on either South Florida Workforce or anybody for that matter saying, well, we gave $1.5 million to the City ofMiami and they either City ofMiami Page 82 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 used it improperly or they weren't able to use it and, shoot, with -- I forgot what's the percentage now of unemployment. You know, how could they not use up all their funding. And what happens is a lot of this funding is very specific. It's highly restricted, and this is something thatl mentioned to Assistant City Manager Cabrera a few weeks ago. Andl said, listen, the one advice that I'll tell you right from the start is you better have someone there that is very knowledgeable, knows what they're doing. And Commissioner Spence -Jones definitely touched upon that. With that said, that still doesn't mean that we have the ability to make it a very good project. You know, one of the things when I was chairman of South Florida Workforce and worked with Mr. Beasley that we were -- one of our goals was to be rent free. And you know, here we could have a center where it'll be a dollar, you know, of rent a year or so forth working with, you know, the Lindsey Hopkins center, so I think that's great. So there's a lot of you know, potential here. But again, my real caution is if we're going to operate this -- andl mean we, I mean the City ofMiami -- I need to make sure there's going to be accountability, who's going to manage it. Is it going to be experienced personnel, you know? Andl think that's one of my main concerns, you know. Andl know Commissioner Suarez mentioned as far as -- and again, I haven't checked these numbers. I don't know where they come from. I think they were provided by South Florida Workforce. Job fill rate, 49.42 percent, you know, but it's not just necessarily the job fill rate. How about the keeping of those jobs? Because maybe that person gets a job for a month and guess what -- Commissioner Suarez: They're gone. Vice Chair Carollo: -- within a month it doesn't work out, they're unemployed again. So there's a lot of things here that, you know, I think should be discussed and so forth. And again, for me it really comes down to the operation. You know, always receiving grant funding. Especially when I first came to the Commission, I heard about receiving grant funding and, shoot, this is awesome. We're receiving this grant, that grant. Well -- Chair Gort: We're not getting reimbursed. Vice Chair Carollo: -- at the same time, I was in these Commission meetings where the Finance director came before us and said we had to pay "X" amount from the general fund because these restricted funds were not used properly or so forth. And that's where I said, well, wait a second. Every time we receive funding, you know, we really need to look at it. So realistically, there's really not much more for me to say because, in all fairness, you know, my colleagues really mentioned the important keys. Obviously, as far as, you know, employment, even within the Workforce center, you know, I would want to see, you know, City residents getting those. But realistically, we need to make sure they are experienced. You know, I -- again -- andl will say it one last time -- I do not want to get into a situation where in the near future it is said we gave $1.5 million for creation of jobs or employment or training to the City ofMiami and they didn 't use the money. We lost that money or something of that matter. Andl do not want to get into that situation. So with that said, I definitely need to have accountability of who's going to be accountable. I need to know from the Administration, yes, Commissioners, we can handle this. We have so and so in this position. She has "X" number -- or he has "X" number of years in training or working with a One Stop Center and be able to really manage this. Thank you. Chair Gort: Thank you. Let me tell you what I'd like to see. You know, on -the job training, I go way back in some of this on -the job training. Some of the businesses will take advantage and will have the people for the period of six month. Then after six month, they'll fire them because they no longer getting help. So we have to make sure that on -the job training, the people understand that we're going to pay for six months, but we want them to stay. Second of all, the -- we know the projects that coming in front of the City ofMiami, the kind of expertise of labor that we need. I think we need to train this. I'm sure South Florida Workforce has got the trends of the different businesses that are going to come into the area, different industry where we can train. We know for sure that the health industry is going to be hiring more people and we can train our City ofMiami Page 83 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 people for the health industry. We also know that tourism is something that's going to continue. That's the only two industry that are hiring people. And what I'd like to have from the Administration, I like to have a monthly report because I'm a great believer also, like it was stated here before, we have to comply with the grants. I think we've been very good in making sure we do comply with the grants and we do have the right people running because we need to put people to work. And until we put people to work, if we don't, this is going to continue to be a bad year. Thank you. Vice Chair Carollo: Mr. Chairman, one -- Chair Gort: Yes, sir. Vice Chair Carollo: -- last thing. And Commissioner Spence -Jones mentioned it, so I'll use her words. I think there needs to be an operational plan. Commissioner Spence -Jones: Yeah. Vice Chair Carollo: And at the same time, you know, Mr. Beasley and the board, they really monitor one stops, so maybe you could work with him and seek his advice and so forth to make sure that our operational plan, according to his knowledge, will be sufficient and it's not set up for failure. Mr. Beasley: No. We -- Commissioner, I was mentioning to Mr. Porro -- it's -- and for those who don't know, Mr. Carollo was our first chair when we consolidated the board back in 2006. There are a number of reports that we have, which I think you all have in front of you, that are online tools. They're daily tools we didn't have before. As a matter offact, Commissioners, there are a number of tools that we've created that you can evaluate on a daily basis. So when they come to you, if they don't have it, call me up on the dais; I'll drive down and show you the report myself. Those reports are daily. As a matter offact, a number of workforce boards across the state want those and we're going to be able to sell them to those other workforce boards. Those are things that we've created so you can see -- you can drill down into the actual staff person to see exactly what they're doing for today. So the managers there will have effective tools to be able to manage the system so that you will know. We want to be able to make sure that the City is able to spend the resources but to be accountable and to serve the people that you all serve in your districts. Chair Gort: Thank you. Commissioner Suarez: Mr. Chairman. Chair Gort: Yes. Commissioner Suarez: Just like to -- Chair Gort: Commissioner Suarez. Commissioner Suarez: This is one of these issues where it does probably help to be a little repetitive and to echo the sentiments of my colleagues. One thing that I don't see on this targeted industries South Florida Workforce lists -- and even in our CRA we're talking a lot about it, but we need to actually create some sort of a structure, which is a construction training program. And -- We have it? Okay. So -- We have it? Okay, good. Chair Gort: Yeah. Commissioner Spence -Jones: Yeah. City ofMiami Page 84 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Ms. Blondet: These are growth industries that South Florida Workforce identifies -- Commissioner Suarez: No. But the thing is what happens is construction is not seen right now since it's such a depressed industry as a growth industry, but we happen to be sitting on $60 million worth of -- Commissioner Spence -Jones: Yes. Commissioner Suarez: -- monies to pump into that industry. So it's kind of -- the economic indicators will not lead you to believe that there's demand or there's supply there and there really is. And that's why I think coordinating with the CRA is so important. Ms. Blondet: Andl think, you know, this may go to what Commissioner Carollo was saying, that although there may be training in that field, this grant may not allow to pay for that training. Vice Chair Carollo: Exactly. Ms. Blondet: So people may go there and be disappointed because they're going to say I need training in this. Well, unfortunately, we have our hands tied and this grant is not a grant for that. Commissioner Suarez: And just to make another statement based on what the Commissioner said -- what the Vice Chairman said was that, you know, it's hard to make a comparison when you talk about the $4, 000 approximately, the funding per case. I don't know how that relates to every other case that South Florida Workforce handles. Maybe they dedicate 8,000 or $10, 000 per case and that's why their job placement rate is so high. So I think those numbers have to be evaluated within the scope of what they're doing in their other programs -- Ms. Blondet: You're right. Commissioner Suarez: -- just so that we're not set up for failure or anything of that nature. Ms. Blondet: My understanding is that the harder to serve groups have a lower placement rate than someone that has -- Chair Gort: Right. Vice Chair Carollo: And -- Commissioner Suarez: I was just going to say I know that there is some precedent for a city doing this. In Hialeah, apparently they're doing it. Ms. Blondet: Yes. Commissioner Suarez: And my understanding -- and this is just what's been told to me. I don't have any credible information to support that, but that it's a very successful program. Ms. Blondet: My understanding is that too. Commissioner Suarez: So to the extent that whatever things are doing successfully can be modeled, obviously, you know, that makes sense. And the last thing is I just want to echo what both my colleagues have said because unfortunately with these kinds of programs, they do sometimes tend to be a dumping ground for the undesirable employees sometimes. And the fact of the matter is, it should be the exact opposite. This is a program that is going to the very, very City ofMiami Page 85 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 core of the greatest need in our city. And so not only should it not be a dumping ground; we should have the most excellent employees, whether it be executive directors -- not only executive directors, but all the employees because an executive director's mission can be sabotaged if all the employees under the executive director don't have the ability to support that mission. So, you know, to the extent that we can create that advisory council, put people on there that will actually be scrutinizing all of these activities, I'm 100 percent in favor of that. Ms. Blondet: You see, and on the risk, we put -- Chair Gort: Excuse me. Lilly -- Ms. Blondet: Yes. Chair Gort: -- I'd like to keep the discussion among ourself [sic]. If they ask you any question, write it down and I'll give you an -- Ms. Blondet: Okay. Chair Gort: -- opportunity to answer. Thank you. Ms. Blondet: Okay, no problem. Chair Gort: Yes, sir. Vice Chair Carollo: And Mr. Chairman, just as a little bit of a preview of what I'm speaking about with regards to all the funding streams and so forth, there's an e-mail (electronic) here that stipulates all the different funding source for this money. There's quite a few. I don't remember all these acronyms, but I definitely remember TANF (Temporary Assistance for Needy Families) dollars and WIA (Workforce Investment Act) and so forth. But again, they're highly restrictive funding dollars that, you know, have specific requirements and so forth. So we definitely need -- if the City is actually going to be managing this one stop, we definitely need experience in that area. Chair Gort: Thank you. Is anyone ready to make a motion? Commissioner Spence -Jones: Yes. I just want to make one comment. You're coming back to us in December, right? Commissioner Suarez: That's what I was going to ask, yeah. Commissioner Spence -Jones: For the -- Ms. Blondet: Either we are or Facilities will -- Commissioner Spence -Jones: Okay, I just want -- Ms. Blondet: -- for the rental agreement. Commissioner Spence -Jones: Well, then I -- Commissioner Suarez: Operational plan? Commissioner Spence -Jones: -- would like for you to put on -- at least by that time everything should be moving. Maybe perhaps in the December meeting since we all agree that, you know, having some sort of advisory council, I would want to have those people on early, you know, so if City ofMiami Page 86 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 there's any way that, you know, you can look at other similar models, maybe Mr. Beasley might be able to share some of that with us so that when we come back in December we can appoint someone that we think could sit on that advisory council. Chair Gort: Okay. Thank you. Commissioner Spence -Jones: Okay. Chair Gort: Yes, ma'am. Commissioner Spence -Jones: I'm done. Chair Gort: You're going to make the motion? Commissioner Spence -Jones: Oh, so move. Ms. Blondet: Well, I have to read the resolution. Vice Chair Carollo: Yeah, question. Are we -- 'cause, again, unless I get some assurance from the Administration on an operational plan, on who's going to be accountable and so forth, that, yes, we can manage this; yes, we have the expertise, I'm really hesitant to vote on this right now. Now what exactly do you need from us right now for this to move forward, not hinder it, but at the same time, be at -- yeah, be at a position where we are doing our due diligence and what I think all of us have expressed here, you know, is given to us. Chair Gort: Mr. Vice Chairman, I think we can make a motion to pass this resolution today and ask her when she comes back in December, come back with the model that she's going to use and all the suggestions that we -- and all the questions that we have asked here for you to be able to answer. Commissioner Suarez: And let me just say -- Chair Gort: Yes, Commissioner. Commissioner Suarez: -- maybe -- I mean, I think if our questions are not answered to our satisfaction, we can always make a resolution to give the money back -- Commissioner Spence -Jones: Yes. Commissioner Suarez: -- I think. And I think that's -- because I think his concern is -- you know, it's kind of a chicken -- what comes first, the chicken or the egg -- Chair Gort: Right. Commissioner Spence -Jones: Yeah. Commissioner Suarez: -- type of question. I'd like to, by the way, go to the sunshine meeting too if you guys don't mind. I'd love to be there. Commissioner Spence -Jones: You're definitely open to come. Chair Gort: It'll be open to everyone. Sunshine meetings are open to the public. We're all welcome to come. Do I have a motion? Commissioner Spence -Jones: I -- City ofMiami Page 87 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Chair Gort: Moved by -- Commissioner Spence -Jones: -- so -- Chair Gort: -- Commissioner Spence -Jones. Vice Chair Carollo: Second. Chair Gort: Is there a --? Second by Commissioner Carollo -- Vice Chairman Carollo. Is there any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: No nays. Thank you. Thank you, Mr. Beasley and all of you. We're looking forward to work with you. What time you guys want to come back? I don't -- I think we can do this pretty quick. Commissioner Spence -Jones: 2: 30? Chair Gort: 3? Commissioner Spence -Jones: 3? Chair Gort: What time? Commissioner Suarez: I think 2 at least, right? Chair Gort: 2, fine. Commissioner Suarez: Do we need a lot of time? Commissioner Spence -Jones: 2: 30? Chair Gort: 2: 30, okay. RE.4 RESOLUTION 11-00932 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROCUREMENT OF DEBT COLLECTION SERVICES, FROM PENN CREDIT CORPORATION, UNDER AN ALL-INCLUSIVE FIXED CONTINGENCY FEE OF FIFTEEN PERCENT (15%), ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, USING THE EXISTING CITY OF TAMPA REQUEST FOR PROPOSALS NO. 61081108, EFFECTIVE THROUGH APRIL 1, 2014, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE CITY OF TAMPA; 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. 11-00932 Summary Form.pdf 11-00932 Pre-Agreement.pdf 11-00932 Legislation .pdf City ofMiami Page 88 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0445 Chair Gort: RE.2. That takes care ofRE.2. We're going to RE.3. Priscilla A. Thompson (City Clerk): RE.4. Chair Gort: 4? That's right. We already -- Kenneth Robertson (Director): Good afternoon, Commissioners. Kenneth Robertson, Purchasing Department. RE.4 is a resolution authorizing the procurement of debt collection services from Penn Credit Corporation under an all-inclusive fixed contingency fee of 15 percent on a citywide as -needed contractual basis, using existing City of Tampa RFP (Request for Proposals) 61081108, effective through April 1, 2014; subject to any extensions or replacement contracts by the City of Tampa. Commissioner Suarez: Move it. Vice Chair Carollo: Second. Chair Gort: It's been moved by Commissioner Suarez, second by Vice Chairman Carollo. Any discussion, questions? Commissioner Spence -Jones: The only question I think that might have come up in my briefing is just on the local contractor side of it. I understand we're piggybacking off of this, but the company is based out of where? Mr. Robertson: The company is based in Pennsylvania. Penn Credit Corporation has been our existing contractor for these services for the last ten years. Commissioner Spence -Jones: Okay. Mr. Robertson: They won the last two competitive prior RFP processes and they were also the winner of the City of Tampa RFP process. Commissioner Spence -Jones: Okay. So you're recommending it? Mr. Robertson: Yes. Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: No nays. RE.5 RESOLUTION 11-00933 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN Program INTERGOVERNMENTAL AGENCY AGREEMENT WITH MIAMI-DADE COUNTY, IN SUBSTANTIALLY THE ATTACHED FORM, TO PERFORM City ofMiami Page 89 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 CERTAIN TRAFFIC ENGINEERING FUNCTIONS AND TO ALLOW THE CITY OF MIAMI ("CITY") TO INSTALL AND MAINTAIN CERTAIN TRAFFIC CONTROL DEVICES OR SIGNS WITHIN LOCAL MUNICIPAL STREETS OPERATED AND MAINTAINED BY THE CITY. 11-00933 Summary Form.pdf 11-00933 Legislation.pdf 11-00933 Exhibit 1. sub.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0451 Chair Gort: RE.5. Commissioner Spence -Jones: RE.5, Capital Improvements. Chair Gort: Hello. Commissioner Spence -Jones: You have two more, actually. Albert Sosa: Albert Sosa, director of Capital Improvements. RE.5 is a resolution authorizing the City Manager to execute an intergovernmental agency agreement with Miami -Dade County to perform traffic engineering functions. This agreement allows the City to install and maintain certain traffic control devices and/or signs within local municipal streets operated and maintained by the City. Basically, the County charter, they main -- the County maintains control of all traffic control functions within the County, including within our municipal boundaries. Chair Gort: I thought it was pulled. Mr. Sosa: Whenever we decide to move forward with a traffic calming device, for example, or a street name sign -- historic street named sign, for example, we're required to maintain those specific improvements. In the past they had required us to come before this Commission on an item -by -item basis. And what we're seeking approval for now is on a blanket basis to have approval for the ability to maintain, when we implement them, traffic circles, speed humps, historic street name signs. Andl would like to make a verbal amendment to this item as well based on discussions we've had with some of the districts, specifically, it's to bullet two of the agreement. We're adding below -- right now it reads A) traffic circles; B) speed humps; and C) historic street name signs. We want to add D, an item for in -street pedestrian crossing signs. These are specific pedestrian crossing signs that the County will not implement and maintain so it gives us the ability to maintain those if we decide to install them. Commissioner Spence -Jones: So -- can I -- Chair Gort: Yes, ma'am. Commissioner Spence -Jones: I just have a question. So this is going to give the City Manager the right to kind of decide where we want to see traffic circles go? Mr. Sosa: The County still has to review and concur with the locations, but it helps us with the administrative step. In the past the County has required us to come before this Commission and subsequently to the County Commission with each specific location listed in a maintenance agreement. So what this does is simplify that process. Once -- City ofMiami Page 90 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Commissioner Spence -Jones: What you're saying -- I'm sorry. You're saying maintenance. Is it not only the maintenance, but the creation and maintenance, or no? I mean, are we going to have the right -- because I know that there's a few places that I was trying to get traffic circles in my district that I just was having a hard time with getting them, so -- but -- and it was always said well, we have to wait until the County approve it and blah, blah, blah. Mr. Sosa: That's correct. Commissioner Spence -Jones: So are we saying that now in our -- the City Manager has the right to get started on that process, but ultimately the County has to approve it? Mr. Sosa: Ultimately the County has to concur. What we have -- and this is outside of this agreement, which is -- this is a maintenance agreement. But outside of that, what we have come to find with the County is that in locations where they have rejected a speed hump, for example, they've said no. From their traffic studying perspective, this speed -- there should not -- there's no need for a speed hump there. Commissioner Spence -Jones: Right. Mr. Sosa: So that happens from time to time. What we've found recently is when we go back to them to debate that issue, they've -- they will work with us. They seem to be more flexible with us, but it always coming comes back to, okay, there's no technical reason -- I mean, if there's a technical impossibility, that's one thing. But they will -- they have lately -- when we have approached them, they have said it's okay, go ahead. You want to move forward with this on your local residential street, go forward with it. However -- then it comes to the "however" -- you need to establish a maintenance agreement for it. Commissioner Spence -Jones: Okay. Mr. Sosa: So this preempts that step. It basically creates the maintenance agreement as a blanket agreement for these City -initiated items so that we don't have to then come back before this Commission and the County Commission for the maintenance agreement on those items. Commissioner Suarez: Mr. Chairman. Commissioner Sarnoff.. So -- Chair Gort: Go ahead. Commissioner Sarnoff.. -- moved. Commissioner Suarez: Oh. Chair Gort: It's been moved. Chair Gort: Second. Commissioner Suarez: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Suarez: I really -- I think Commissioner Spence -Jones hit the nail on the head, which is that the frustrating part for all of us as Commissioners is we have to wait that two, three month time period for that County study and then we're kind of at their mercy at the end of it. For the most part, irrespective ofyour more recent experience with the County, I've had, you City ofMiami Page 91 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 know -- and so I was hoping that since they wanted this maintenance agreement -- us to sign a maintenance agreement, I was hoping we could say, well, look, yeah, we'll agree to maintain the mall. No problem. But give us final say on whether or not we can put them in. We can use your data and thank you very much for doing these studies and paying for them because they're important and we can use them. But what counties and particularly traffic related counties -- departments don't understand is we want traffic circles or traffic control devices for a variety of reasons, maybe not only because of a traffic control issue. For example, you may decide, Commissioner Spence -Jones, that it looks beautiful. They're very nice -looking things, you know, and the community may want it. And you say why should the analysis be strictly confined to whether that controls traffic? Why can't we say well, traffic control is a big component of it, but we also want to beautify the neighborhood? Commissioner Spence -Jones: Yeah. Commissioner Suarez: And so we want to be able to say -- Commissioner Spence -Jones: No. I definitely love the idea of us -- I could just tell you thatl know in one particular area in my district, I mean, at least two or three accidents took place on the street, andl know the area was wide enough for it to happen. And for whatever reason, they kept saying no. So I mean, I -- I'm very supportive -- or even if it's not the circles; at least the traffic -calming devices I think is extremely important. Andl think we just happen to know our district a lot better than, you know -- Commissioner Suarez: Agree. Commissioner Spence -Jones: -- anybody else, so -- Chair Gort: There's been -- Commissioner Suarez: And we work a lot faster than the County. Commissioner Spence -Jones: No, I agree with it, so -- Chair Gort: We're the one that get the phone calls from the complaints. And once again, we go back to the City ofMiami being the heart ofMiami-Dade County. You have Northwest 7th Street. You have Flagler. You have 8th Street with heavy traffic and 7th Avenue, Northwest 7th Avenue where people go into the neighborhoods and speed through our neighborhoods where they have kids playing; and people, they're not used to have the major traffic. They need to have a stop to it. My understanding is -- in the past I have requested it quite a few within next -- north and south of Northwest 7th Street and they come back with the same question. Well, the County doesn't believe there's enough traffic, although we've had the accidents and we had the problems. Commissioner Suarez: Right. Chair Gort: So I'm all supportive for it. Commissioner Suarez: Yeah. So I mean, if we can incorporate that into this process -- I don't know if it has to be done by separate agreement. Mr. Sosa: I think we should explore it as a separate agreement because so far, the hurdle that we've run into -- and this is from a subjective perspec -- my experience, I guess, has been on these occasions where we have gone back and said, okay, we understand that you say no, but we still want it, then they always say, okay, but your next step is go get a maintenance agreement. So it adds another hurdle to it, so we're trying to eliminate that hurdle. City ofMiami Page 92 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Chair Gort: Yep. Mr. Sosa: But I agree we need to continue discussing with them how to formalize a -- an agreement to allow us to approve traffic circles on our own. Commissioner Suarez: And we had talked about maybe there being something that said like, they can maintain control over arterial streets -- Mr. Sosa: Sure. Commissioner Suarez: -- but not neighborhood streets, which are the ones that we deal with, where we get the complaints, where we get the constituent calls. You know, those we can control. Because I think at the end of the day, we've all experienced that frustration at one point or another. Mr. Sosa: We will gladly, at the administrative level, pursue such an agreement. What we will begin to have that discussion or continue having that discussion with the County to see how to best bridge that gap. Chair Gort: Thank you. Yes, ma'am. Priscilla A. Thompson (City Clerk): Excuse me, Chair. I have a mover, butl didn't catch the seconder for the resolution. Commissioner Suarez: I'll second it. Ms. Thompson: Thank you. Chair Gort: Been moved by -- second -- Mr. Sosa: And it's important to note that there is an amendment on the floor adding bullet `D" to Section 2. Commissioner Suarez: As amended. Chair Gort: Who was making the motion? Ms. Thompson: The maker was -- Commissioner Suarez: Commissioner Spence -Jones. Ms. Thompson: No. Commissioner Sarnoff. Commissioner Sarnoff.. I made the motion understanding the amendment. Chair Gort: Okey-doke. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RE.6 RESOLUTION 11-00934 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), RATIFYING THE CITY MANAGERS EXECUTION OF Program CONSTRUCTION AGREEMENTS WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR THE CITY OF MIAMI IMPROVEMENT City ofMiami Page 93 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 PROJECTS LOCATED WITHIN FDOTS RIGHT OF AWAY, AS IDENTIFIED IN "ATTACHMENT A", ATTACHED AND INCORPORATED. 11-00934 Summary Form.pdf 11-00934 Pre-Legislation.pdf 11-00934 Legislation.pdf 11-00934 Exhibit 1.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0446 Albert Sosa: RE.6. Albert Sosa, director of Capital Improvements. Okay, RE.6 is a resolution raging the execution of construction agreements with the Florida Department of Transportation for the City ofMiami improvements projects located within the Florida Department of Transportation's right-of-way. Basically, when this original resolution was passed at the beginning of this year, it was to seek -- for the City Manager to have the right to execute construction agreements, which are basically permit agreements, with the Florida Department of Transportation, and that was -- resolution was amended to state that the Administration had to come back before the Commission periodically to ratify such agreements, so this is the first such time that we come and we intend to continue coming biannually to ratify the agreements that have been entered into by the City Manager. Chair Gort: Okay. Thank you. Discussion. Questions. Commissioner Sarnoff.. So moved. Commissioner Suarez: Second. Chair Gort: Moved by Commissioner Sarnoff. Commissioner Suarez: Second. Chair Gort: Second by Commissioner Suarez. Commissioner Spence -Jones: I just have just a discussion on -- Chair Gort: Yes, ma'am. Commissioner Spence -Jones: -- just a quick -- I'm fine with -- most of these items are in D2 (District 2) anyway because I guess your -- you must -- I want to make sure I'm looking at the right thing. These are all the construction agreements, right? Mr. Sosa: That's correct. Commissioner Spence -Jones: So that's Brickell, Bridgeport -- so they're mostly D2 items, correct? Mr. Sosa: Right. They're mostly on US 1. There's one that's on Northwest 35th Street and 12th Avenue, which is in District 1. Commissioner Spence -Jones: Right. I don't have a issue with that. I just wanted to ask you a question about this one, though, the various locations. City ofMiami Page 94 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Mr. Sosa: Yes. That's the citywide striping project for the -- striping signage and bike rack project for share -the -road type signs with bicycles and bicycle -type signage and striping. We received a grant from the Department of Health some -- probably like -- Commissioner Spence -Jones: Is that what I've been seeing all the bikes on the streets? Mr. Sosa: Yes, yes. Commissioner Spence -Jones: Okay, good. 'Cause I saw 111 th Street on here andl was -- that just made -- maybe I was reading it wrong. Mr. Sosa: That might be FDOT's (Florida Department of Transportation's) address. I'd have to see that agreement. Commissioner Spence -Jones: Oh, okay. I just -- it didn't look like a City ofMiami address. Mr. Sosa: They're like 1111 Northwest something. Commissioner Spence -Jones: Okay. All right. So it's the bike trail -- it's the bike -- Mr. Sosa: Yeah. Commissioner Spence -Jones: -- things we see on the streets? Mr. Sosa: Throughout the City, yes. Commissioner Spence -Jones: All right. Now in some instances, I do know in certain portions of my district the bike trails are in front of certain businesses, which has created an issue because at one time parking was there. So now you can't park on the bike trail, correct? Mr. Sosa: The intent was not to create bicycle paths where there's on -street parking. If that happened at a specific location, I'd like to, you know, discuss it with you and we can -- Commissioner Spence -Jones: Yeah, definitely. I've had like two complaints about it. And if we Mr. Sosa: Yeah. We'll look at it. Commissioner Spence -Jones: Yeah. Mr. Sosa: We just -- Commissioner Spence -Jones: Before we -- if you got a minute today, I definitely want to address it. Mr. Sosa: Will do. Commissioner Spence -Jones: Thank you. Mr. Sosa: Thank you. Chair Gort: Thank you. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: No nays. City ofMiami Page 95 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 RE.7 11-00935 Office of the City Clerk RE.8 11-00203 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), OFFICIALLY ACCEPTING THE ATTACHED CITY CLERKS CERTIFICATION OF THE MIMO BUSINESS IMPROVEMENT COMMITTEES PETITION PROCESS FOR CREATION OF THE MIMO BUSINESS IMPROVEMENT DISTRICT. 11-00935 MiMo BID CCMemo.pdf 11-00935 Pre-Legislation.pdf 11-00935 Legislation.pdf 11-00935 Certification of MiMo BID (ExhibitA).pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Department of Capital Improvements Program R-11-0447 Chair Gort: RE.7. Priscilla A. Thompson (City Clerk): RE (Resolution) -- Commissioner Suarez: Move it. Vice Chair Carollo: Second. Chair Gort: RE.7 has been moved and second. Discussion. Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY'S") AMENDED 2010-2011 MULTI -YEAR CAPITAL PLAN ("PLAN"), WHICH INCLUDES THE PROJECTS IN DISTRICT3, ATTACHED AND INCORPORATED, AS REQUIRED BY SECTION 163.3177, FLORIDA STATUTES (2010), AND PURSUANT TO CHAPTER 18/ ARTICLE IX/DIVISIONS 1 AND 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/FINANCIAL POLICIES/ANTI-DEFICIENCY ACT/FINANCIAL INTEGRITY PRINCIPLES," TO SET FORTH THE CITY'S FISCAL NEEDS FOR CAPITAL IMPROVEMENTS, SUBJECT TO AN ANNUAL PLAN REVIEW, TO DETERMINE PROJECT PRIORITIES AND TO MODIFY FUNDING ALLOCATIONS AS NECESSARY. 11-00203 Summary Form.pdf 11-00203 Legislation.pdf 11-00203 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be WITHDRAWN PASSED by the following vote. City ofMiami Page 96 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.9 11-00751 Department of Capital Improvements Program RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER 6 TO THE CONSTRUCTION MANAGER AT RISK AGREEMENT ("AGREEMENT"), WITH SUFFOLK CONSTRUCTION COMPANY, INC., FOR THE STADIUM SITE PARKING PROJECT, IN SUBSTANTIALLY THE ATTACHED FORM, TO REMEDY THE STRUCTURAL DEFICIENCIES WITHIN THE FOUR PARKING GARAGES CAUSED BY DESIGN ERRORS OR OMISSIONS, INCREASING THE AGREEMENT BY $2,500,000, FROM AN ORIGINAL $73,000,000, TO A TOTAL NOT TO EXCEED GUARANTEED MAXIMUM PRICE OF $75,500,000; ALLOCATING SAID FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. B-30648. 11-00751 Summary Form.pdf 11-00751 Letter - Structural Deficiencies.pdf 11-00751 Letter - Miami Marlins Ballpark.pdf 11-00751 Pre-Legislations.pdf 11-00751 Risk Agrmt.with Suffolk Contruction.pdf 11-00751 Legislation.pdf 11-00751 Exhibit 1.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Noes: 1 - Commissioner(s) Spence -Jones R-11-0448 Chair Gort: RE.8, deferred. RE.9. Albert Sosa: Albert Sosa, director of Capital Improvements. RE.9 is related to the stadium parking garages. It's a resolution to approve amendment number 6 to the construction management at risk agreement with Suffolk Construction for the Stadium Parking project. It increases the capacity on their contract by $2.5 million. This is to allow enough capacity for Suffolk to complete the ongoing structural remediation work to the Suffolk beams that were found earlier to be deficient that were leading to cracking in the building. Concurrent with this -- we will be back before the Commission in a month, approximately December, with a -- on a settlement with the insurance company for the designer to pay the City for the actual value of the work that we're undertaking now doing the repairs. Chair Gort: What you're saying is the expenditures are going to be reimbursed by the insurance company? Mr. Sosa: Yes. Chair Gort: Okey-doke. Any discussion? Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. City ofMiami Page 97 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Vice Chair Carollo: I think Commissioner Spence -Jones has some issues about it so, you know, I'll yield to her. Chair Gort: Okay. Commissioner Spence -Jones: I did finally meet with Suffolk. It was a great meeting. I got clarity on what the issues were regarding the hiring portion of it. Honestly -- and staff know this in our discussion -- I couldn't really blame them, because the reality was there were certain things, not necessarily your fault, that we just did not apply to the contract. Even though it was voted on in the Commission, even though it was talked about on the dais, that information never made it to the contract. So while I do have discrepancies about the number of people that were hired from the City, the reality is we never included it in the contract so you can't fault someone if we didn't provide it in the contract or the agreement. So I'm totally okay with it now because there's nothing else we could do. But would like to put on the record again -- andl said this in the statement that -- in the meeting we had -- we need to just do things better, you know. It's -- I think the monitoring that we have when it comes to these major projects, we need to make sure that somebody's following it from day one. We need to make sure -- if we vote on something and it -- just like the transportation trolley thing we talked about for almost two hours, you know, something came out of that. If we have, you know, hearty discussions about things, I mean, we're taking this stuff seriously up here. So we're expecting that language to trickle down to the overall contract or agreement. So that's whatl was basing my concerns about and that was not included in the overall agreement. So I'm saying to City staff on this, as we move ahead, please, make sure that the language is included. And this whole bonus structure thing, I really think that it's important for us to really look at how we -- how we're doing our contracts because if they don't meet it and they don't do the things that we request, then we need to figure out a way to make sure that there's some benefit that comes back to us when that does not happen. Now, on the -- what is this, the architect that did the work -- and I'm still very dissatisfied with what we have to do, but you explained it differently in the meeting so I understand why we must, you know, make a decision on voting yes on this because we not -- and the City Attorney explained to me well -- already. So I'm cool with, you know, why we have to do it. Now, if you don't vote with you today on this issue, it's really because -- at the end of the day, it's not about the jobs, it's not about us not following through. It really is about I'm very concerned about, you know, later on having an even bigger issue. So really, my vote today is going to be no, so I want you to know that andl want you to know that. It's not based upon those requirements. It's just I'm very, very concerned with, you know, the fact that we paid someone to do a job. And, quite frankly, you know, at this point -- I'm not talking about Suffolk. I'm talking about the engineers or the architects. And at the end of the day, I don't know what's going to come six months down the line, so I'm just going to -- my vote on the -- on it is no, but not because I don't support you, Carollo, and not because I don't support you. It's because I just think that there's something not right for me. Vice Chair Carollo: Mr. Chairman. Chair Gort: Okay. Yes, sir. Vice Chair Carollo: Question. Mr. Sosa, do you know -- it's my understanding that there was going to be another engineer to take a look at the whole structure and that -- sort of like a second opinion and make sure that all the remediation work has been done correctly and so forth. Do you know that -- if that's happened and where we are and --? Mr. Sosa: We're very far along in that process. That third party engineer that we hired to do the structural evaluation top to bottom, as you said, they've made a lot of headway. They're currently in a phase of back and forth, I will say, with the designer of record on it. So far there hasn't been a major discovery of additional issues. There have been some issues that have been discovered, but at this point the engineers are -- different engineers model things differently. So City ofMiami Page 98 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 what initially could be an issue may just be a misunderstanding of how two different engineers approach the same problem, so they're working through those issues right now. But as of today, I don't have any significant findings from that review. Vice Chair Carollo: Second question. With regards to the insurance company, has there been any issues with them paying us, or is it a matter ofjust knowing what the exact amount is and that they agreed to pay? Mr. Sosa: At this point there's not an issue with their commitment to pay. The issue is that before we enter into a settlement agreement with them settling for the structural issues of the building, we want to make sure, A, that there aren't any more structural issues; and that, B, we're getting our mon -- our full value. We could have estimated this three months ago, but until you get in there and start poking the holes in things and adding the steel and adding the concrete, you really are running a risk that you're going to find something else. So we want to make sure that all of that's behind us so that we can get to a settlement agreement that's final and for the correct value. Chair Gort: Any other question? Being none Vice Chair Carollo: I -- can we -- I'll move the item. Commissioner Spence -Jones, you mentioned in the beginning of the meeting that you wanted to defer. Do you have a problem with moving the item -- with myself moving the item and we voting on it? Commissioner Spence -Jones: I don't have a problem with you moving the item to -- Vice Chair Carollo: No, to take a vote on it, because you mentioned in the beginning of the meeting that -- Commissioner Spence -Jones: No, no. (UNINTET,TIGIBT,F) 4:58:18. Vice Chair Carollo: -- you had preferred -- Commissioner Spence -Jones: (UNINTET,TIGIBT,F) 4:58: 20. Vice Chair Carollo: -- to have it deferred. Commissioner Spence -Jones: No, no. You can go ahead and (UNINTELLIGIBLE) 4: 58: 24. Chair Gort: Okay, it's been moved by Vice Chairman Carollo. Commissioner Suarez: Second. Chair Gort: Is there a second? Commissioner Suarez: Second. Chair Gort: Second by Commissioner Suarez. All in favor, state it by saying aye." Commissioner Spence -Jones: No. Chair Gort: One nay. Thank you. RE.10 is taken care of. Commissioner Sarnoff. You did the PZs (Planning & Zoning), right? Commissioner Spence -Jones: No, we're done with the PZs. City ofMiami Page 99 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 RE.10 11-00983 Department of Community Development Chair Gort: PZs are done. Commissioner Spence -Jones: Yes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE AMENDMENTS TO THE PARTICIPATION AGREEMENT (INCLUDING ALL THE ATTACHMENTS THERETO, DATED AS OF AUGUST 3, 2007 ("PARTICIPATION AGREEMENT), AND THE ASSUMPTION OF LOAN GUARANTEE ASSISTANCE AND LIABILITY AND PLEDGE AGREEMENT, INCLUDING ALL ATTACHMENTS THERETO, ("ASSUMPTION"), AFTER CONSULTATION WITH THE CITY ATTORNEY, PROVIDING FOR THE REFINANCING OF THE CITY OF MIAMI'S ("CITY") ASSUMPTION OF NOT TO EXCEED EIGHTY PERCENT (80%) OF MIAMI-DADE COUNTY'S ("COUNTY") LIABILITY UNDER THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENTS SECTION 108 LOAN ("SECTION 108 LOAN") USED BY THE COUNTY, IN CONNECTION WITH THE MODIFICATION OF SECTION 108 LOAN WHICH WAS IN THE ORIGINAL PRINCIPAL LOAN AMOUNT OF $25,000,000, FOR PARROT JUNGLE AND GARDENS OF WATSON ISLAND, INC. ("PARROT JUNGLE"), AND ALL OTHER DOCUMENTS AS MAY BE REQUIRED IN CONNECTION TO AMENDING SUCH PARTICIPATION AGREEMENT AND ASSUMPTION TO PROVIDE COSTS SAVINGS TO THE CITY AND THE COUNTY, SUBJECT TO CITY ATTORNEY APPROVAL; FURTHER CONSENTING TO AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE, AFTER CONSULTATION WITH THE CITY ATTORNEY, ANY OTHER RELATED MODIFICATIONS, AMENDMENTS, SUPPLEMENTS, AND OTHER DOCUMENTS AS NECESSARY, TO ACCOMPLISH SUCH COST SAVINGS TO THE CITY. 11-00983 Summary Form.pdf 11-00983 Legislation.pdf 11-00983 Exhibit 1.pdf 11-00983-Legislation-Fi nal. pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0442 Chair Gort: We have another item that needs to be heard before 12 o'clock today. Yes, sir. FR (First Reading) -- George Mensah (Director, Community Development): This is RE.10. Chair Gort: RE.10. Go ahead, sir. Mr. Mensah: George Mensah, director of Community Development. RE.10 is a resolution of the Miami City Commission authorizing the City Manager to execute amendments to the participation agreement for the Parrot Jungle to allow for the refinancing of the HUD City ofMiami Page 100 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 (Department of Housing and Urban Development) Section 108 loan. Just want to reiterate that this is just an item to refinance the Section 108 loan and it does not include anything else. Chair Gort: Could you go into the retail -- the reason we refinance it? What does it mean to the City ofMiami in savings? This was not -- Mr. Mensah: And the -- Chair Gort: Yes, go ahead. Mr. Mensah: The refinancing -- actually, I did a financial summary. The refinancing is supposed to save the City approximately $3.7 million to the term of the loan. Okay, as you can see, we have the -- currently the loan is -- we have $12.4 million in principle due. The next payment to be due on February 1 and it should be for three months if it's sold in November. And the -- currently we'll be expected to pay $243, 452, but if you refinance, according to HUD on September 15, the rate for one year is 0.29 percent so that would be only -- we only would have to pay $9, 000. So for the term, as you can see, we will save approximately $3.7 million, which is four point one million four on the current terms, as opposed to 461,000 if we do the refinancing. Chair Gort: Thank you, sir. Questions. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Will this extend the maturity date? Mr. Mensah: No. Vice Chair Carollo: So what you're saying, the only thing that this does is just lower the interest rate? Mr. Mensah: That's correct. Vice Chair Carollo: That's the only thing? Andl want to make sure we have that for the record. Mr. Mensah: That's the only thing it does. Vice Chair Carollo: Okay. And with that lowering of insurance -- I'm sorry, of interest rate, it does not extend the maturity rate and we will not have to pay more. We will not have to -- it doesn't affect the principle. It's just the interest rate that will be lowered. Mr. Mensah: That's correct. Chair Gort: Thank you. Any further questions? Commissioner Sarnoff. No, but I think there should be a full Commission on this. Vice Chair Carollo: I don't have a problem with having a full -- Commissioner Sarnoff. This is something that you guys didn't create, I didn't create. Chair Gort: We didn't -- Commissioner Sarnoff. This has been here for a long, long time and everybody needs to be on City ofMiami Page 101 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 the record with this. Vice Chair Carollo: I don't have a problem with tabling this until we have a full Commission. Chair Gort: Well, they need to -- HUD is moving on this, is my understanding. They need to make -- have a resolution passed by us before -- What time do you have to notify them? Mr. Mensah: The -- yes. The documents has to reach HUD tomorrow, October 28, and it goes to the public on November 17. Commissioner Sarnoff. Call the full Commission up. This is something everybody -- Chair Gort: Can we get the Commissioners in here? George, just wait a minute. Let's get First Reading 1. FR.1 has been pulled. FR.3 has been pulled. [Later..] Chair Gort: Back to RE.10. Mr. Mensah: George Mensah. I just want to -- just before we move forward on this, I just want to add that the Administration intends to bring a full item on Parrot Jungle for discussion at the next Commission meeting in December because we think that it's time that the entire full Commission looks at this issue. However, just for the purpose of this item, it's strictly refinancing and nothing but the refinancing of the Parrot Jungle Section 108 loan. Commissioner Sarnoff. George, what is the principle amount up here? 'Cause I don't see a prin Chair Gort: The principle amount due is about $12.4 million. Commissioner Suarez: Can you outline what the benefit to the public would be of engaging in this transaction? Mr. Mensah: The benefit is that the City saves or the project saves about $3.7 million over the term of the loan -- the remaining term of the loan. Chair Gort: My understanding is the -- right now the rate that we have is 7.5. My understanding is the new rate that we will get in November once HUD does the refinance, it will be .29. Mr. Mensah: It'll be .29 for the first year, .41 for the second year, and it moves on until the last rate is 2.1 in 2019. Chair Gort: My understanding is the payment -- the current payment which will be $243, 000, will come down to $9, 000 -- Mr. Mensah: That's correct. Chair Gort: -- so it'll be a savings -- and this will show in the next year's budget -- Commissioner Suarez: Mr. Chairman. Chair Gort: -- this year's budget. Yes, sir. Commissioner Suarez: Just a quick question just to kind of dovetail off what you said, which is it City ofMiami Page 102 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 seems to me that you just said that the change in interest rate is going to go from about 7 percent to less than 1 percent, correct, to about -- Mr. Mensah: That's correct. Commissioner Suarez: -- .29 percent. So I think -- and again, I think everybody here wants to have the broader discussion generally because I think there are a lot of things that -- in our conversations with the Administration that are issues that we're very, very concerned about. I think as far as actually refinancing -- any time you're going from 7 percent to less than 1 percent, I think that's a no-brainer decision, just that in and of itself. And l just want to put for myself on the record -- I'm sure there's other people that want to say this or say something similar -- that this is not an endorsement of anything other than just the refinancing of changing something from 7 percent to less than 1 percent and saving the City, as you've just testified, over $3 million. Mr. Mensah: That's correct. Commissioner Suarez: Everything else, all discussions beyond that, I'm going to hold until the broader discussion. Chair Gort: Thank you. Any further discussion? Commissioner Sarnoff. Commissioner Sarnoff.. Yeah. I think what everybody up here has to understand is that none of you, including myself including Commissioner Gort, I think had anything to do with the siting of this particular property. And what you're dealing with is a distressed situation. I did not say anything more than a distressed situation and you're making the best of a piece of a distressed situation. And the broader conversation will come up in '012 [sic] regarding the particular City asset and how we can reconcile and determine what to do with regard to this distressed situation. Chair Gort: Okay. Yes, ma'am. Commissioner Spence -Jones: A lot of distresses in there, huh? Commissioner Sarnoff.. A lot of distresses. Chair Gort: Any further discussion? Commissioner Spence -Jones: No. I'm not -- Chair Gort: Yes, ma'am. Commissioner Spence -Jones: -- finished. I just had to make that -- I'm not finished. The one thing that do want -- I would like to know from the Administration, I do understand that this is something that is, in this instance, in a distressed situation, perhaps a good situation. I would like to know from the City Administration all of our issues regarding Section 108 loans. I think it's extremely important to know how many other things are out there like this. Mr. Mensah: I'll be -- Commissioner Spence -Jones: You don't have to tell me now. Mr. Mensah: Okay, no problem. Commissioner Spence -Jones: Okay, 'cause I don't want you to tell me something wrong. Mr. Mensah: No, it's good news. City ofMiami Page 103 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Commissioner Spence -Jones: Okay, so how -- you -- Mr. Mensah: I knew I was going to talk about it, so I got prepared for it. The good news is that apart from this Section 108 loan, which happened a long time ago, we only have two Section 108 loans left. Vice Chair Carollo: Right. Mr. Mensah: One is the Wagner Square, which we have $3.6 million balance, and we hope that, in an action that'll be taken by the City Commission in November, that will be paid off. The second one we have is on the Southeast Overtown, and that is a good Section 108 loan because it was built -- the project was built and we have about, I believe, $1.6 million left on that and it's being paid down so -- Commissioner Spence -Jones: Okay, so the only issue we have out there really is the Parrot Jungle issue. Mr. Mensah: This particular one. That's correct. Commissioner Spence -Jones: Okay, so that's fine. And then I would just like -- I'm assuming that -- because I'm not clear if this discussion has come up 'cause I stepped out for a minute. When is -- when does this become an emergency for us, like meaning when do we need to make a decision on whatever we're going to do regarding this issue? Because what do not want to have happen is I don't -- to me, I think this is a longer discussion, even longer than us talking about it on the dais -- Mr. Mensah: Yes. Commissioner Spence -Jones: -- which means I really think that the City staffers that are responsible -- I think that's Alice that's responsible for -- and your off -- I'm assuming you as well -- that's responsible for this, that we really have the opportunity to really digest what the real issues are. So I just don't want it to be -- it's on the agenda, November 17, and now we have to swallow it and debate it to death up here. So what is the time frame on how we have to have this thing handled? Mr. Mensah: I just want to assure the City Commission that staff started working on this issue some time ago, even before this refinance issue came about. The CityAttorney's office is working diligently on it. And in December when we bring this item, their intention is to give out all the options available to the City as -- on this particular transaction. Commissioner Spence -Jones: Okay -- Mr. Mensah: And we hope that the City Commission can make a very good decision based on the options that will be available for the City. Commissioner Spence -Jones: So that I'm clear, so that is when we plan to bring it in December, but my question is, when does it need to be addressed next year? Mr. Mensah: It need to be addressed after February 1, 2012. Commissioner Spence -Jones: Okay, so we -- Mr. Mensah: That's when it will come to a head. City ofMiami Page 104 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 DI.1 11-00936 Department of Management and Budget Commissioner Spence -Jones: Okay, no problem. Thank you, George. Mr. Mensah: Thank you. Chair Gort: Thank you. Anyone else? Okay, all in favor, state it by saying "aye.' Priscilla A. Thompson (City Clerk): I'm sorry, Chair. We don't have a mover and seconder yet. Commissioner Suarez: Move it. Commissioner Sarnoff.. So -- second. Chair Gort: I thought we had it. Ms. Thompson: No. Chair Gort: Okay. Moved by Commissioner Suarez, second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: No nays. Thank you. Mr. Mensah: Thank you. END OF RESOLUTIONS DISCUSSION ITEM DISCUSSION ITEM DISCUSSION REGARDING A MONTHLY UPDATE OF THE CURRENT FISCAL YEAR BUDGET STATUS. 11-00936 Summary Form.pdf DISCUSSED Priscilla A. Thompson (City Clerk): You have DI.1, Discussion -- Chair Gort: Beg your pardon? Ms. Thompson: -- Item 1. Chair Gort: Yes. Commissioner Sarnoff.. Do we? Commissioner Spence -Jones: Huh? Which --? Chair Gort: Discussion item. Commissioner Spence -Jones: Oh, yeah. Chair Gort: Budget. City ofMiami Page 105 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Daniel Alfonso: Danny Alfonso, director ofManagement and Budget. Good afternoon. Kind of missed all of you; haven't seen you in a while. Commissioner Suarez: It's good to see you so soon in the process, again. Mr. Alfonso: Thank you. I want to say, about a month ago it was me that was running around like a chicken with its head cut off and now I feel kind of good because this month it's actually the Finance Department who's running around with -- looking like chickens with their heads cut off. In terms of fiscal year '10/'11, I want to say that there's still a lot of things going on. You know, Finance Department has a very large pile of documents that had been turned in by all the departments for accruing expenses or revenues, et cetera, and for the end of the fiscal year, so to tell you exactly a number would be very difficult. But in talking to Finance -- and we have met on numerous occasions in the past couple of weeks to talk about how we look like we're going to end the fiscal year '10/'11. I think we're both confident that we'll not be in a deficit. That, I think we can say with a certain amount of confidence. To what extent we'll be in the black, that's a little more arguable. You know, whether it's going to be a few hundred thousand to a couple of million. You know, it's -- who knows. There are some issues on the revenue side that we'd like to look at the details and make sure that we can book those receivables, et cetera. And we want to make sure that we got good receivables if we're going to adjust the revenues that are there so far. Same thing on the expenditures: There were some expenses that we're looking at, and wanted to bring out for example -- a couple of examples of things that need to be posted, and this is why the numbers are influx. We talked a lot about the payout reserve during the budget process. Remember that one? I want to say that the year-to-date on the payout reserve is roughly $7.3 million. However, the Fire Department has the ability to do comp time payouts. So we have an estimate on that of roughly 800 to 900,000; 850, 900, 000. So that's going to put us about 8.2, somewhere in that range, which is somewhere where we had estimated $8 million, but that number can vary by a couple of hundred. There are other issues. For example, Gusman Center. The Gusman Center, starting '11/'12, I think has an agreement to operate on its own, but how they're ending '10/'11 is still in question and they may need some assistance there. That's something that we have to look at. And just a -- Commissioner Suarez: But can I --? Mr. Alfonso: -- number of other receivables that we have to make sure that are good before we put them on there. Commissioner Suarez: And just -- Commissioner Spence -Jones: Danny, you don't -- we don't have anything in writing? Mr. Alfonso: I'm sorry? Commissioner Spence -Jones: Is there something in writing we're going to -- you're going to pass out? Mr. Alfonso: This was a -- I can give you a copy of what wrote down, absolutely. These are my notes. Commissioner Spence -Jones: Okay. Mr. Alfonso: The problem with giving, you know -- Commissioner Spence -Jones: Okay. City ofMiami Page 106 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Mr. Alfonso: I was like -- Commissioner Suarez: What I think -- Commissioner Spence -Jones: I know but we want to -- we -- Mr. Alfonso: This is the number you had. Commissioner Suarez: -- the Commissioner is saying is that we usually get a monthly financial report -- Mr. Alfonso: Yes. Commissioner Suarez: -- along with the -- Commissioner Spence -Jones: Presentation. Commissioner Suarez: Right. Commissioner Spence -Jones: Just so I have it. That's all. Mr. Alfonso: I will give you the numbers that I came up with. There's also a payment for GESE (General Employees and Sanitation Employees) pension. The actuary report that we had gotten -- and they had actually sent the City a letter back in February -- March that the City needed to make a payment of $1.6 million. That payment hadn't been made yet, so it's going to be made now at yearend. And there's some discussion as to how much interest should be paid, et cetera. So those are the type of things that we're looking at as we get ready to close the books on the year. That's why it's kind of difficult to say, you know, we'll be $3 million to the good or we'll be $100, 000 to the good. And those things are being discussed as we speak. Yes, sir. Chair Gort: My question is -- andl understand closing the year is not that easy, and I'll leave that to the experts and the numbers. But the one thing we want to get in the future also is -- andl requested a monthly statement of the '11/'12 budget. Are we complying with that monthly expenditure in the revenues and expenditures? And if we have any variation, what we can -- what can we do to make sure it doesn't affect us at the end of the year? This is one report that we'd like to -- I personally -- Mr. Alfonso: Okay. Chair Gort: -- would like to see every month and I'm sure every Commissioner here too. Mr. Alfonso: Okay. Commissioner Suarez: Mr. Chairman, ifI just may ask one last question, which is -- Chair Gort: Yes, sir. Commissioner Suarez: You know, part of the process -- and what made this so effective the year that we did it -- was that we were kind of anticipating problems. Not anticipating problems, but we were able to anticipate things that we could see potentially coming forward in the future. So I think what we're hoping that this process once again becomes is something where we're not surprised as often by whether it be good news or bad news. You know, we see good news coming a couple of months in advance and we start to hear about it. Look, this may be happening. This is the potential impact. The only thing that's in doubt is the actual number, but it's in a range, you know, so we start -- things happen in a more orderly fashion, in a more transparent fashion, City ofMiami Page 107 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 to use the Vice Chairman's words, and you know, it -- they -- you know, we have the opportunity to really strategize and make decisions so that we're not doing things always under the gun. Mr. Alfonso: Absolutely. And I have a report that I prepared as of last night by departments, where they are as of last night. That's not to say that that's where they're going to be a week from now. But as of last night, that's the latest information that I have. Chair Gort: Good. Mr. Alfonso: Andl will send that out to you via e-mail (electronic) tonight. This is the information that I have in front of me. So you'll have every department and where they are, and 171 highlight for you these items that I'm thinking can still adjust and you'll see why I'm saying that there's a range ofpossibilities. So you'll have the information that have, okay. Commissioner Suarez: Thank you. Mr. Alfonso: And in terms of warning -- you know that as we close the year, there will be a need for end -of -year amendment. There are, I would say, about four departments right now that think may end up slightly over where their allocation was originally, and we're trying to see why that was exactly. And to the extent that they will need an amendment, we will come back to this Commission. Overall, the budget is well under. Commissioner Suarez: Just a question -- Mr. Alfonso: Yes, sir. Commissioner Suarez: -- on -- Mr. Alfonso: Yes, Commissioner. Commissioner Suarez: -- in terms of anti -deficiency, which is how is someone allowed to spend more money than what they have in their budget? Mr. Alfonso: Yeah. Commissioner Suarez: That's my question. Mr. Alfonso: That's a good question. It's not a question really of how they're allowed to spend. The fact is that you get to the end of year, like right now -- Commissioner Suarez: Right. Mr. Alfonso: -- and there were services that were provided and so we get those bills. I mean, I have no real choice but to cover that expense andl got to pay the bill. No, I know what you're saying. There was a projection -- Commissioner Suarez: There's always a choice. We almost made one today in relation to a contractor, so -- I mean, there's always choices. Mr. Alfonso: If a service has been rendered and received and et cetera, the -- yes, sir. Chair Gort: That's why we want to see the monthly report. Mr. Alfonso: Yes. City ofMiami Page 108 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Chair Gort: Because we want to see the director of that department put a budget together with an operation and the goals that he was going to meet so he should know by the end of year how much money he's got to spend. Mr. Alfonso: Yes. Andl want to point out a couple of things. A couple of these, for example -- I'll give you perfect examples, and we actually discussed these during the budget process. A couple of departments in the City had been given a budget target in the original budget allocation presuming or assuming that there will be certain positions reduced from their operation. However, in the final agreements that were reached, there was an MOU (Memorandum of Understanding) where there would be no layoffs so some of these departments had to then absorb some of these employees back into their fold. And the -- Commissioner Suarez: Yeah. Andl think -- Mr. Alfonso: So -- Vice Chair Carollo: And who's accountable for that? Commissioner Suarez: Yeah. And just take a step before we even get to that point. It's -- one of the reasons why we're doing this on a monthly basis now back to what we did a year ago -- before a year ago -- I mean, a year prior -- is so that if there is something like that, we budget for it, we do a budget amendment -- I mean, you could do a budget amendment at any time. Mr. Alfonso: Correct. And -- Commissioner Suarez: And so it should get to a point where you don't have to ask a question of who's accountable because there's nobody exceeding their budget because we're dealing with it on an expeditious basis. If we were doing things on an expeditious basis, you know, we would probably not get into this problem and we wouldn't have to answer that question. Now we're going to have to answer that question, you know. Mr. Alfonso: I agree, Commissioner. Andl want to point out that prior to my getting here, my understanding is that there was an attempt on a couple of occasions to amend the budgets, but for whatever reasons, those were either pulled -- the budget amendments were either pulled from the agenda or deferred at some time, so those changes never actually took place. Nonetheless, that employee was in the department and earning a wage and performing a job. And so for those departments, it was a problem, and at the end of the year now, we have to fix it. Now in that vein or in that train of thought, I want to point out some of the things that our fiscal year '11/'12 budget you're going to be seeing because I will be bringing to you amendments for some of those issues. For example, we're now discussing the CFO (Chief Financial Officer) position, which in the '11/'12 budget we agreed that was cut, but now we're going to bring in possibly a CFO. So there will need to be an amendment to the Manager's budget to include the cost of the CFO's position. Commissioner Suarez: And that's where we get involved in the actual operational process of the government and how it functions. I think the reason why there's probably going to be a CFO is because the Commission as a whole has expressed a policy prerogative that there should be a CFO. Mr. Alfonso: Correct. Commissioner Suarez: So that makes total sense. That's the way -- Mr. Alfonso: Exactly. City ofMiami Page 109 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Commissioner Suarez: -- it should be running. Mr. Alfonso: Correct. Commissioner Suarez: But unfortunately, it wasn't running that way for the last year. So I'm glad that we're back on track. Mr. Alfonso: Okay. Andl want to point out, in addition to that adjustment to the Manager's office, once we started looking at loading the budgets as per the budget ordinance, we came across a moorings fields marina right here. That budget of roughly $210, 000 was omitted from the budget resolution so, therefore, that will be coming to you as well as a budget amendment for the coming '11/'12 fiscal year. There was also a small amount of revenue for ADA (Americans with Disabilities Act) parking fines that is budgeted for use to Parks Department and that was also omitted so I will be bringing that also in the mid -year budget amendment to this board. The golf course ofMelreese has had sort of a flat budget for a couple of years, but their revenues have increased significantly over the last few years. I think that will be brought to you in the mid year. I will bring that also 'cause we need to sort of adjust that. And so there are some changes already that I see coming and some of the special revenues like ARRA (American Recovery Reinvestment Act) and UASI (Urban Areas Security Initiative) which still have to be looked at in terms of how much is available so that we can load those budgets in the special revenue for the coming year. Chair Gort: Yes, sir. Vice Chair Carollo: Mr. Chairman, thank you. Just one thing that I do want to point out, but then want to go into other things, just concerns that have, andl want to see where we're at. One thing that I heard you mention was with regards to, you know, invoice that you received that obviously you have to pay and so forth. Don't you have someone in Budget actually looking at what that department's actual expenses are or budgeted before giving approval to spend the money? And the reason why I say that is because many times, you know, we have items coming before the Commission saying, you know, approval for "X'amount of money if funds are available, if funds are available. And it was my understanding that before you made some type of commitment -- what I mean you, I mean a department -- makes some type of commitment for funds, that they need to check with Budget or is it that just Commissioner's office? Mr. Alfonso: That is a Commissioner's office because the person in my office, Commissioner, does the procurement for the Commissioners. So that's why yours come to me. But not every department sends me every purchase order that they do for my approval. Vice Chair Carollo: Gotcha. Mr. Alfonso: They have in the budget and they're operating it. Vice Chair Carollo: So let me ask you something. Who's accountable for that? Mr. Alfonso: Who's accountable for --? Vice Chair Carollo: For each -- Mr. Alfonso: -- my person? Vice Chair Carollo: No. Mr. Alfonso: Oh. City ofMiami Page 110 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Vice Chair Carollo: -- department that actually gives the okay to spend more money than what they have. Chair Gort: It has to go through the director of the department. Commissioner Suarez: Let me -- Chair Gort: I mean, he's got to approve it. Commissioner Suarez: -- make a suggestion. Vice Chair Carollo: And -- Commissioner Suarez: Can I make a suggestion? Chair Gort: Yes. Commissioner Suarez: Maybe if once we get to the 95 percent threshold, there should be some centralized process. In other words, for the last 5 percent, you know. Because it seems like what's happening here is once you pass the 95 -- you know, 95th percent of expenditures in a budget, that's where we're losing control, you know what I'm saying, from the 95th to 102 percent, you know. There's a loss of control there. Mr. Alfonso: Yeah. Andl want to say that -- Commissioner Suarez: You understand what I'm saying, Vice Chairman? Vice Chair Carollo: Yeah, but I don't know if you could really -- Commissioner Suarez: Centralize it. Vice Chair Carollo: And how -- and gauge it, and I'll defer to -- Mr. Alfonso: IfI may add also. I mean, a lot of these things come right down to the wire. I mean, you're -- -- Vice Chair Carollo: Right. Mr. Alfonso: -- talking about now -- Commissioner Suarez: Right. Mr. Alfonso: -- at closeout. If you had looked at the July projections or even the numbers in August, it didn't look like necessarily they were going to be over, except for those exceptions where I said the personnel costs we knew and those departments that had to absorb the positions were going to be over and they were in the projections. You could see that in the projections that were coming also to this board, even through July. Vice Chair Carollo: Speaking about projections -- and I'm going to keep -- I'm going to move forward. Speaking about projections, it seems like the year-to-date numbers that we had was as of July. We have not received August. Mr. Alfonso: You're going to get the year-to-date numbers as of September 30 as in the system tonight from me. City ofMiami Page 111 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Vice Chair Carollo: And with that said, how is closeout going? Andl know that's more of Finance. So I want to make sure that they could, you know, discuss with regards to how is the close out going. The accruals, you know, for at least the two years that I've been here, it's been two years that, you know, that's been mentioned in the audit report as a finding. Is there going to be a finding again this year? How's the process going? You know, I'm concerned about that. As you know, Ms. Gomez left at a critical time, soI want to see where we are from our Finance Department. Pete Chircut: Commissioner, Pete Chircut, interim Finance director. We're in the process right now of closing. We're getting all of our accruals in from all the departments. As you know, the City is very decentralized. We might even get an invoice probably in December and we will still have to go ahead and accrue it. I'm just saying we could. That could happen. The auditor might find something that we paid in November actually that was booked in this year which happened in the past that belongs to the previous year. So these things can happen, and we will have to adjust that. Vice Chair Carollo: Right, I understand it can happen, but how can we account for it so it does not happen and we don't have another finding again for, you know, yet a third year in a row since I've been here? And that's what I'm trying to prevent. And that's why, you know, I'm asking how's the closeout process going. Mr. Chircut: The process is going, I would say, pretty good. We are almost there. Next week we are going to do a soft close for both expenditure and also revenue. And the external auditor will be here to visit us next week. Chair Gort: Let me -- ifI may, I'd like to table this for five minutes. Commissioner Spence -Jones has got to leave. She's got to catch a plane. [Later...] Chair Gort: Budget, do we have any other questions? But the main thing that we -- I know you're working on all the documents and all the paper. The one thing that we put a lot of emphasis during our workshops is we want to make sure that each department director is aware of his budget, his expenditure, and he has control not only of the budget but the performance of his department. Because he's going to give you a budget, but we got to ask him also what are you going to do for this budget and how you're complying with that and your monthly basis. That's what would like to see personally. Any questions? Thankyou, sir. Mr. Sosa: You're welcome, Commissioners. Chair Gort: Looking forward to see you soon. Mr. Sosa: Thank you. END OF DISCUSSION ITEM PART B: PLANNING AND ZONING ITEMS Chair Gort: RE.1. Wait a minute. I think we have some people asking for defer. Commissioner Spence -Jones: On this item? Chair Gort: No, no, for zoning items because there's a lot of people here might be waiting for zoning items andl don't want them to waste their time. Francisco Garcia: Thankyou, Mr. Chairman. Francisco Garcia, director of Planning and City ofMiami Page 112 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Zoning. Regarding the P&Z (Planning & Zoning) agenda, I would just like to present to you that of the 19 items that were scheduled for today, we would like to request the Commission to continue 17 out of the 19. And then there are two left for your consideration today, which if you wanted to take up at some point in time, I expect it will be very noncontroversial and fairly quick. Of course, that's ultimately your decision. What I would like to do at this time, just because there are a number of applicants here who would otherwise spend more time than needed, is to request that -- and I will read them one by one -- items PZ.1, PZ.2, PZ.4, PZ.5, PZ.6, PZ 7, PZ.8, PZ.9, PZ.10, PZ.11, PZ.12, PZ.13, PZ.14, PZ.15, PZ.16, PZ.18 and PZ.19, all of those items, all those 17 items be continued to November 17 with the exception of item PZ.19, which we would request that you continue indefinitely. Commissioner Suarez: So move. Chair Gort: All right. Vice Chair Carollo: Second. Chair Gort: It's been move and second. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Mr. Garcia: Thank you, sir. PZ.1 RESOLUTION 10-00612ww A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING FINDINGS AND APPROVING A MODIFICATION OF THE REQUIRED WATERFRONT CHARTER PROVISIONS RELATING TO THE SETBACKS: 1) AS SET FORTH IN SECTION 3(MM)(I)(B) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), MODIFYING THE WATERFRONT SIDE -YARD REQUIREMENT OF TWENTY-FIVE PERCENT (25%) OF THE WATER FRONTAGE OF EACH LOT, BASED ON AVERAGE LOT WIDTH OF 276.2 FEET, AS FOLLOWS: WATERFRONT SIDE -YARD SETBACKS REQUIRED 69'0", PROPOSED EAST 5'0", PROPOSED WEST 8'0", PROPOSED VIEW CORRIDOR (CENTER) 52'7" (TOTAL PROPOSED 65'7"), REQUEST TO MODIFY 3'5"; AND 2) AS SET FORTH IN SECTION 3(MM)(I)(A) OF THE CHARTER, MODIFYING THE REQUIRED WATERFRONT SETBACK OF 13'6.4", PROPOSED 13'1.8", REQUEST TO MODIFY 0'4.6"; FOR THE PROPERTIES LOCATED AT APPROXIMATELY 39 AND 55 SOUTHWEST MIAMI AVENUE ROAD, MIAMI, FLORI DA. 10-00612ww CC 11-17-11 Fact Sheet.pdf 1 0-00612ww Analysis & Maps.pdf 10-00612ww Miami River Commission Ltr, WAB & PZAB Resos.pdf 1 0-00612ww Application & Supporting Documents.pdf 10-00612ww CC Executed Legislation (Version 2) & Exhibit.pdf 10-00612ww-Submittal-Ben Fernandez -Architectural Plans for Big Fish.pdf 10-00612ww-Submittal-Letter from Miami River Commission.pdf LOCATION: Approximately 39 & 55 SW Miami Avenue Road [Commissioner Marc David Sarnoff - District 2] City ofMiami Page 113 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 PZ.2 04-00897cr APPLICANT(S): Ben Fernandez, Esquire, on behalf of 55 SW Miami Avenue Road, LLC (Owner) FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. MIAMI RIVER COMMISSION: Recommends approval on July 11, 2011 by a vote of 7-4. WATERFRONT ADVISORY BOARD (WAB): Recommends approval with a condition* on July 12, 2011 by a vote of 7-1. PLANNING, ZONING AND APPEALS BOARD (PZAB): Recommends approval with conditions* on October 5, 2011 by a vote of 9-0. *See WAB and PZAB Resolutions. PURPOSE: This will allow the construction of a new waterfront -commercial building along the Miami River for the Big Fish Restaurant project. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A RELEASE TO A DECLARATION OF RESTRICTIONS ("COVENANT') DATED DECEMBER 20, 2004 AND RECORDED IN OFFICIAL RECORDS BOOK 22923, PAGES 3035-3038, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2255, 2263 & 2295 SOUTHWEST 37TH AVENUE; 3685 & 3695 SOUTHWEST 23RD STREET; AND 3672 & 3688 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA. 04-00897cr CC 11-17-11 Fact Sheet.pdf 04-00897cr Analysis.pdf 04-00897cr Maps.pdf 04-00897cr Application & Supporting Documents. pdf 04-00897cr CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 2255, 2263 & 2295 SW 37th Avenue; 3685 & 3695 SW 23rd Street; and 3672 & 3688 SW 22nd Terrace [Commissioner Francis Suarez - District 4] APPLICANT(S): Patricia M. Baloyra, Esquire, on behalf of Berkley Investment Holdings, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on October 19, 2011. PURPOSE: This will allow the release of the above -mentioned covenant relating to all the properties herein specified and previously -approved City ofMiami Page 114 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 multifamily residential building with a maximum F.A.R. of 2.4 for the entire properties. The current Miami 21 zoning designation allows for an F.L.R. of 5 with a "T6-8-O" Urban Core Zone designation. Releasing this covenant will not impact the approved zoning. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.3 ORDINANCE Second Reading 11-00585zt AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 4, ENTITLED "STANDARDS AND TABLES", TO CLARIFY LANGUAGE FOR PARKING REDUCTIONS, TO CORRECT LANGUAGE AND CROSS REFERENCES, AND TO UPDATE THE REFERENCE DIAGRAM; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00585zt CC 10-27-11 SR Fact Sheet.pdf 11-00585zt PZAB Reso & CC Legislation (Ver. 2) with Exhibits.pdf LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD (PZAB): Recommends approval with a modification* to City Commission on July 6, 2011 by a vote of 7-0. *See PZAB Resolution. PURPOSE: This will allow minor and non -substantial changes to Article 4 of the Miami 21 Code to clarify language, remove irrelevant references and correct cross-references, and update diagrams previously approved by the City Commission. Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 13290 Francisco Garcia (Director, Planning): And at this time, if you would like to proceed with the two left PZ (Planning & Zoning) items, I'm happy to continue or I'm happy to stand by and wait for your signal. Chair Gort: Let's get them out of the way. They're not controversial. Mr. Garcia: I don't expect them to be, sir. City ofMiami Page 115 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Chair Gort: Okay. Mr. Garcia: Item PZ.3 is a cleanup amendment to Miami 21. This is before you on second reading. You've already considered this previously. Andl will simply tell you that this is basically to clarify language that already exists, but this -- the approval of this item would have no substantial impact on the language ofMiami 21 or its implementation. Commissioner Suarez: Move it. Vice Chair Carollo: Second. Chair Gort: It's been move and second. Let's open the public hearings [sic]. Anyone would like to address PZ.1 -- PZ.3, I'm sorry? The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Your roll call on your second reading ordinance. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. Mr. Garcia: Thank you, sir. PZ.4 ORDINANCE 11-00806zt Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO.13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY MODIFYING ARTICLE 1, SECTION 1.2. ENTITLED "DEFINITION OF TERMS" AND ARTICLE 3, SECTION 3.6.3, ENTITLED "ADDITIONAL OFF-STREET PARKING REGULATIONS", TO ESTABLISH CONDITIONS AND STATIONING REQUIREMENTS FOR RECREATIONAL WATERCRAFTS IN T3 AND T4 ZONES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00806zt CC 11-17-11 SR Fact Sheet.pdf 08-00806zt PZAB (10-00963zt1) Reso & CC Legislation (Ver. 1).pdf LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: For File ID 10-00963zt1, recommended approval to City Commission on May 18, 2011 by a vote of 7-1. PURPOSE: This will establish equivalent regulations and requirements from former Zoning Ordinance No. 11000 and place them in the Miami 21 Code; more specifically, to establish conditions and requirements for pleasure water crafts in T3 and T4 Transect Zones. City ofMiami Page 116 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.5 ORDINANCE First Reading 08-00166zc1 TO BE CONTINUED BY ADMINISTRATION AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB -URBAN, "T4-R" GENERAL URBAN, "T5-0" URBAN CENTER, AND "CS" CIVIC SPACE TRANSECT ZONES WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, ("R-1" SINGLE FAMILY RESIDENTIAL AND "0" OFFICE WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT, "SD-12" SPECIAL BUFFER OVERLAY DISTRICT, AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000) TO "T6-8-0" URBAN CORE TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, AS DEPICTED IN "EXHIBIT B", ("C-1" RESTRICTED COMMERCIAL WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000, AS DEPICTED IN "EXHIBIT C"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 3400, 3428, 3440, 3432, 3456, AND 3396 GRAND AVENUE; 3241, 3401, 3435, 3441 AND 3445 HIBISCUS STREET; 3441, 3439, 3407, AND 3454 THOMAS AVENUE; AND 3420 ELIZABETH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-00166zc1 CC 12-15-11 SR Fact Sheet.pdf 08-00166zc1 Analysis.pdf 08-00166zc1 PZAB Reso.pdf 08-00166zc1 Application & Supporting Documents.pdf 08-00166zc1 CC Legislation (Version 5).pdf 08-00166zc1 Exhibits A-D (Legal & Graphics).pdf LOCATION: Approximately 3400, 3428, 3440, 3432, 3456, 3396 and Grand Avenue; 3241, 3401, 3435, 3441 and 3445 Hibiscus Street; 3441, 3439, 3407, and 3454 Thomas Avenue; and 3420 Elizabeth Street (Paradise Island Block - Front) [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Grove Village, LLC, Applicant/Developer, GV Paradise Island, LLC, Paradise Island Development Corp., City of Miami, George and Dazelle Simpson, Evelyn Roberts, Collectively Owners FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with City ofMiami Page 117 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 conditions. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on October 19, 2011. See companion File IDs 08-00166zc1a, 08-00166zc2, 08-00166zc3, 08-00166zc4 and 08-00166zc5. PURPOSE: This will change the above properties to "T6-8-O" Urban Core Transect Zone with a "Village West Island and Charles Avenue NCD-2" Overlay, as depicted in "Exhibit B", for the proposed Grove Village Major Use Special Permit. NOTE(S): On October 28, 2010, the City Commission adopted the companion Land Use Change application. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.6 ORDINANCE First Reading 08-00166zc1a TO BE CONTINUED BY ADMINISTRATION AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB -URBAN AND "T4-R" GENERAL URBAN TRANSECT ZONES WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, ("R-1" SINGLE FAMILY RESIDENTIAL WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT, "SD-12" SPECIAL BUFFER OVERLAY DISTRICT, AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000, AS AMENDED) TO "T5-O" URBAN CENTER TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, AS DEPICTED IN "EXHIBIT B", ("SD-2" COCONUT GROVE CENTRAL COMMERCIAL DISTRICT WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000, AS AMENDED, AS DEPICTED IN "EXHIBIT C"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 3449 HIBISCUS STREET; 3460, 3452, 3440, AND 3430 THOMAS AVENUE; AND 3454 AND 3456 ELIZABETH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAININGASEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-00166zc1a CC 12-15-11 SR Fact Sheet.pdf 08-00166zc1 a Analysis. pdf 08-00166zc1 a PZAB Reso.pdf 08-00166zc1aApplication & Supporting Documents.pdf 08-00166zc1a CC Legislation (Version 5).pdf 08-00166zc1a Exhibits A-D (Legal & Graphics). pdf LOCATION: Approximately 3449 Hibiscus Street; 3460, 3452, 3440 and 3430 City ofMiami Page 118 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Thomas Avenue; and 3454 and 3456 Elizabeth Street (Paradise Island Block - Rear) [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Grove Village, LLC, Applicant/Developer, GV Paradise Island, LLC, Christ Episcopal Church, Inc., and Christ Protestant Episcopal Church, Inc., Collectively Owners FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on October 19, 2011. See companion File IDs 08-00166zc1, 08-00166zc2, 08-00166zc3, 08-00166zc4 and 08-00166zc5. PURPOSE: This will change the above properties to "T5-0" Urban Center Transect Zone with a "Village West Island and Charles Avenue NCD2" (Neighborhood Conservation District) Overlay, as depicted in "Exhibit B", for the proposed Grove Village Major Use Special Permit. NOTE(S): On October 28, 2010, the City Commission adopted the companion Land Use Change application. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.7 ORDINANCE First Reading 08-00166zc2 TO BE CONTINUED BY ADMINISTRATION AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB -URBAN AND "T5-0" URBAN CENTER TRANSECT ZONES WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, ("R-1" SINGLE FAMILY RESIDENTIALAND "0" OFFICE WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000) TO "T5-O" URBAN CENTER TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, AS DEPICTED IN "EXHIBIT B", ("SD-2" COCONUT GROVE CENTRAL COMMERCIAL DISTRICT WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000, AS DEPICTED IN "EXHIBIT C"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 3380, 3370 AND 3340 FLORIDAAVENUE; AND 3301, 3355, 3375 AND 3395 GRAND AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAININGASEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 119 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 08-00166zc2 CC 12-15-11 SR Fact Sheet.pdf 08-00166zc2 Analysis.pdf 08-00166zc2 PZAB Reso.pdf 08-00166zc2 Application & Supporting Documents.pdf 08-00166zc2 CC Legislation (Version 5).pdf 08-00166zc2 Exhibits A-D (Legal & Graphics). pdf LOCATION: Approximately 3380, 3370 and 3340 Florida Avenue; and 3301, 3355, 3375 and 3395 Grand Avenue (Grand Bahama Block) [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Grove Village, LLC, Applicant/Developer, GV Grand Bahama, LLC, Twyman E. Bentley, Jr., Jarrette Bay Investments Corp., Grand Bahamas Dev of Village West Corp., Collectively Owners FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on October 19, 2011. See companion File IDs 08-00166zc1, 08-00166zc1 a, 08-00166zc3, 08-00166zc4 and 08-00166zc5. PURPOSE: This will change the above properties to "T5-O" Urban Center with a "Village West Island and Charles Avenue NCD-2" Overlay, as depicted in "Exhibit B", for the proposed Grove Village Major Use Special Permit. NOTE(S): On October 28, 2010, the City Commission adopted the companion Land Use Change application. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.8 ORDINANCE First Reading 08-00166zc3 TO BE CONTINUED BY ADMINISTRATION AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB -URBAN AND "T5-O" URBAN CENTER TRANSECT ZONES WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, ("R-1" SINGLE FAMILY RESIDENTIALAND "0" OFFICE WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000) TO "T5-O" URBAN CENTER TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, AS DEPICTED IN "EXHIBIT B", City ofMiami Page 120 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 ("SD-2" COCONUT GROVE CENTRAL COMMERCIAL DISTRICT WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000, AS DEPICTED IN "EXHIBIT C"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 3361 HIBISCUS STREET; 3440, 3422, 3400, 3412 AND 3472 FLORIDAAVENUE; 3415, 3441, 3461, 3485, 3495, 3475, 3401 AND 3471 GRAND AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-00166zc3 CC 12-15-11 SR Fact Sheet.pdf 08-00166zc3 Analysis.pdf 08-00166zc3 PZAB Reso.pdf 08-00166zc3 Application & Supporting Documents.pdf 08-00166zc3 CC Legislation (Version 5).pdf 08-00166zc3 Exhibits A-D (Legal & Graphics). pdf LOCATION: Approximately 3361 Hibiscus Street; 3440, 3422, 3400, 3412 and 3472 Florida Avenue; 3415, 3441, 3461, 3485, 3495, 3475, 3401 and 3471 Grand Avenue (Nassau Block) [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Grove Village, LLC, Applicant/Developer, GC Nassau, LLC, Stirrup Properties, Inc., George A. & Dazelle Simpson, Paradise Island Dev. Corp., Nassau Development of Village West Corp. and Andros Development Corp., Collectively Owners FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on October 19, 2011. See companion File IDs 08-00166zc1, 08-00166zc1 a, 08-00166zc2, 08-00166zc4 and 08-00166zc5. PURPOSE: This will change the above properties to "T5-O" Urban Center Transect Zone with a "Village West Island and Charles Avenue NCD-2" Overlay, as depicted in "Exhibit B", for the proposed Grove Village Major Use Special Permit. NOTE(S): On October 28, 2010, the City Commission adopted the companion Land Use Change application. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.9 ORDINANCE First Reading 08-00166zc4 TO BE CONTINUED BY ADMINISTRATION AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. City ofMiami Page 121 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB -URBAN AND "T5-0" URBAN CENTER TRANSECT ZONES WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, ("R-1" SINGLE FAMILY RESIDENTIALAND "0" OFFICE WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000) TO "T6-8-0" URBAN CORE TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, AS DEPICTED IN "EXHIBIT B", ("C-1" RESTRICTED COMMERCIAL WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000, AS DEPICTED IN "EXHIBIT C"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 3363, 3353, 3341, 3335, 3325 AND 3315 THOMAS AVENUE; AND 3384, 3364, 3354, 3340, 3330, 3324, 3320 AND 3310 GRAND AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-00166zc4 CC 12-15-11 SR Fact Sheet.pdf 08-00166zc4 Analysis. pdf 08-00166zc4 PZAB Reso.pdf 08-00166zc4 Application & Supporting Documents.pdf 08-00166zc4 CC Legislation (Version 5).pdf 08-00166zc4 Exhibits A-D (Legal & Graphics). pdf LOCATION: Approximately 3363, 3353, 3341, 3335, 3325 and 3315 Thomas Avenue; and 3384, 3364, 3354, 3340, 3330, 3324, 3320 and 3310 Grand Avenue (Abaco Block) [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Grove Village, LLC, Applicant/Developer, GV Abaco, LLC, Grand Abaco Development of Village West Corp., 3354 Grand Inc., High Hopes, Inc., Grand Abaco Development II, Corp., George and Dazelle Simpson, Sheila Bullard and Stirrup Properties, Inc., Collectively Owners FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on October 19, 2011. See companion File IDs 08-00166zc1, 08-00166zc1 a, 08-00166zc2, 08-00166zc3 and 08-00166zc5. PURPOSE: This will change the above properties to "T6-8-0" Urban Core Transect Zone with a "Village West Island and Charles Avenue NCD-2" Overlay, as depicted in "Exhibit B", for the proposed Grove Village Major Use Special Permit. NOTE(S): On October 28, 2010, the City Commission adopted the companion Land Use Change application. City ofMiami Page 122 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.10 ORDINANCE First Reading 08-00166zc5 TO BE CONTINUED BY ADMINISTRATION AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB -URBAN TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, ("R-1" SINGLE FAMILY RESIDENTIAL WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000) TO "T5-O" URBAN CENTER TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, AS DEPICTED IN "EXHIBIT B", ("SD-2" COCONUT GROVE CENTRAL COMMERCIAL DISTRICT WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000, AS DEPICTED IN "EXHIBIT C"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 3558 FLORIDA AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-00166zc5 CC 12-15-11 SR Fact Sheet.pdf 08-00166zc5 Analysis.pdf 08-00166zc5 PZAB Reso.pdf 08-00166zc5 Application & Supporting Documents.pdf 08-00166zc5 CC Legislation (Version 5).pdf 08-00166zc5 Exhibits A-D (Legal & Graphics). pdf LOCATION: Approximately 3558 Florida Avenue (Freeport Block) [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Grove Village LLC, Applicant/Developer, GV Freeport LLC, Contract Purchaser and Edna and Thomas Dermeritte, Owners FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on October 19, 2011. See companion File IDs 08-00166zc1, 08-00166zc1 a, 08-00166zc2, 08-00166zc3 and 08-00166zc4. PURPOSE: This will change the above properties to "T5-O" Urban Center Transect Zone with a "Village West Island and Charles Avenue NCD-2" Overlay, as depicted in "Exhibit B", for the proposed Grove Village Major Use Special Permit. City ofMiami Page 123 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 NOTE(S): On October 28, 2010, the City Commission adopted the companion Land Use Change application. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.11 ORDINANCE First Reading 10-006671u AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN FOR THE REAL PROPERTY LOCATED AT APPROXIMATELY 212 NORTHWEST 25TH AVENUE, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL" TO "DUPLEX RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-006671u CC 12-15-11 FR Fact Sheet.pdf 10-00667Iu Analysis, Maps, PZAB Reso & School Concurrency.pdf 10-00667Iu Application & Supporting Documents.pdf 10-006671u CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 212 NW 25th Avenue [Commissioner Frank Carollo - District 3] APPLICANT(S): Matthew Plonys, Vice President, on behalf of Boston Investors Group, Inc. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends denial to City Commission on October 5, 2011 by a vote of 7-0. See companion File ID 10-00667zc. PURPOSE: This will change the above property to "Duplex Residential'. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.12 ORDINANCE First Reading 10-00667zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. City ofMiami Page 124 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "R-1" SINGLE-FAMILY RESIDENTIAL (IN ORDINANCE 11000) TO "T3-O" SUB -URBAN ZONE (IN MIAMI 21), FOR THE PROPERTY LOCATED AT APPROXIMATELY 212 NORTHWEST 25TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00667zc CC 12-15-11 FR Fact Sheet.pdf 10-00667zcAnalysis, Maps & PZAB Reso.pdf 10-00667zc Application & Supporting Documents. pdf 10-00667zc CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 212 NW 25th Avenue [Commissioner Frank Carollo - District 3] APPLICANT(S): Matthew Plonys, Vice President, on behalf of Boston Investors Group, Inc. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends denial to City Commission on October 5, 2011 by a vote of 7-0. See companion File ID 10-006671u. PURPOSE: This will change the above property to "T3-O" Sub -Urban Zone -Open. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.13 ORDINANCE First Reading 11-00699Iu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN FOR THE REAL PROPERTY LOCATED AT APPROXIMATELY 230 SOUTHWEST 3RD STREET, MIAMI, FLORIDA, FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-006991u CC 12-15-11 FR Fact Sheet.pdf 11-006991u Analysis, Maps, School Concurrency & PZAB Reso.pdf 11-006991u Application & Supporting Documents.pdf 11-006991u CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 230 SW 3rd Street [Commissioner Michelle City ofMiami Page 125 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Spence -Jones - District 5] APPLICANT(S): Javier F. Avino, Esquire, on behalf of 230 SW 3rd St LLC, Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 5, 2011 by a vote of 8-0. See companion File ID 11-00699zc. PURPOSE: This will change the above property to "Restricted Commercial'. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.14 ORDINANCE First Reading 11-00699zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "Cl" CIVIC INSTITUTIONAL ZONE TO "T6-36B-O" URBAN CORE ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 230 SOUTHWEST 3RD STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00699zc CC 12-15-11 FR Fact Sheet.pdf 11-00699zcAnalysis, Maps & PZAB Reso.pdf 11-00699zcApplication & Supporting Documents.pdf 11-00699zc CC Legislation (Version 2) & Exhi bit. pdf LOCATION: Approximately 230 SW 3rd Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Javier F. Avino, Esquire, on behalf of 230 SW 3rd St LLC, Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 5, 2011 by a vote of 8-0. See companion File ID 11-006991u. PURPOSE: This will change the above property to "T6-36B-O" Urban Core Zone. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones City ofMiami Page 126 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 PZ.15 ORDINANCE First Reading 11-007001u AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 840 NORTHEAST 78TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-007001u CC 11-17-11 FR Fact Sheet.pdf 11-007001u Analysis, Maps, School Concurrency & PZAB Reso.pdf 11-007001u Application & Supporting Documents.pdf 11-007001u CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 840 NE 78th Street [Commissioner Marc David Sarnoff- District 2] APPLICANT(S): Lynn M. Summers, Authorized Representative, on behalf of Marine Max East, Inc., Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 5, 2011 by a vote of 8-1. See companion File ID 11-00700zc. PURPOSE: This will change the above property to "Medium Density Restricted Commercial'. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.16 ORDINANCE First Reading 11-00700zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-R" URBAN CENTER ZONE -RESTRICTED TO "T5-O" URBAN CENTER ZONE -OPEN, FOR THE PROPERTY LOCATED AT APPROXIMATELY 840 NORTHEAST 78TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 127 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 11-00700zc CC 11-17-11 FR Fact Sheet.pdf 11-00700zcAnalysis, Maps & PZAB Reso.pdf 11-00700zcApplication & Supporting Documents.pdf 11-00700zc CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 840 NE 78th Street [Commissioner Marc David Sarnoff- District 2] APPLICANT(S): Lynn M. Summers, Authorized Representative, on behalf of Marine Max East, Inc., Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 5, 2011 by a vote of 8-1. See companion File ID 11-007001u. PURPOSE: This will change the above property to "T5-O" Urban Center Zone -Open. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.17 ORDINANCE First Reading 11-00698zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-L" URBAN CENTER ZONE AND "T6-8-O" URBAN CORE ZONE TO "T5-O" URBAN CENTER ZONE FOR THE SOUTH PORTION ONLY FOR THE PROPERTY LOCATED AT APPROXIMATELY 690 SOUTHWEST 8TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00698zc CC 11-17-11 SR Fact Sheet.pdf 11-00698zcAnalysis, Maps, School Concurrency & PZAB Reso.pdf 11-00698zcApplication & Supporting Documents.pdf 11-00698zc CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 690 SW 8th Street [Commissioner Frank Carollo - District 3] APPLICANT(S): Mario Murgado, Owner, on behalf of Miami Automotive Retail, Inc. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with a modification to change the south portion only to "T5-O" on September 26, 2011 by a vote of 7-0. City ofMiami Page 128 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 PURPOSE: This will change the zoning designation of the south portion of the property from T5-L "Urban Center Zone -Limited" to T5-O "Urban Center Zone -Open", which will allow for a zoning designation at the subject property that matches its current use. Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, 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 Francisco Garcia (Director, Planning): Item PZ.17 is a request for a rezoning at a property at the address of 690 Southwest 8th Street. The zoning change sought is for the entire parcel up from -- half of the parcel is presently T6-8 0 and the other half of the parcel is presently T5 L. The application as it is before you requests that the zoning for the entire parcel be to T5 O. However, the Planning, Zoning and Appeals Board has recommended and staff agrees that the zoning for the half of the parcel that immediately abuts 8th Street remain T6-8 0 and the back parcel be changed from T5 L to T5 O. What this will basically do is allow the facility that is presently there to continue to operate in its present capacity and for the property owners to perform some improvements that we expect will result in the enhancement of the facilities and will have no impact on the abutting residential properties. Chair Gort: Okay, thank you. Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Gort: It's been moved by Vice Chairman Carollo, second by Commissioner Suarez. Anyone in the public would like to address this issue? Is there anyone in the public? Being none. Maria J. Chiaro (Deputy City Attorney): This is a -- Chair Gort: Yes, ma'am. Ms. Chiaro: -- petition by an individual. Mr. Garcia: That is correct. Ms. Chiaro: You might want to take a comment from the individual. Commissioner Suarez: Thank you. Alex Andreus: We were just looking for the zoning change. We're going to be adding a -- or expanding the existing facility that's there to add a service facility. Andl guess the current zoning doesn't allow us to do that, and we wanted to be able to keep the same zoning on that front parcel of the property and change the back part. Priscilla A. Thompson (City Clerk): Excuse me, Chair. IfI can get -- Chair Gort: Thank you. Yes. Ms. Thompson: -- a name for the record, please. Chair Gort: Name and address. City ofMiami Page 129 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Mr. Andreus: Alex Andreus, and the address of the property is 690 Southwest 8th Street. Chair Gort: Thank you. Read it. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Thompson: Your roll call on your first reading ordinance. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. Chair Gort: Thank you. PZ.18 PZAB RESOLUTION 11-00875zt PZ.19 11-00321v AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 4, "STANDARDS AND TABLES" AND ARTICLE 6, "SUPPLEMENTAL REGULATIONS", TO MODIFY REQUIREMENTS FOR PUBLIC AND COMMERCIAL STORAGE FACILITIES IN T5, T6, AND DISTRICT (D) ZONES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00875zt PZAB 12-14-11 Supporting Docs.pdf APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on December 14, 2011. PURPOSE: This will modify requirements for public and commercial storage facilities in T5, T6, and District (D) Zones by providing additional flexibility to such use and remove distance separation requirements between such facilities. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY DENYING OR GRANTING VARIANCES AS LISTED IN ARTICLE 5, SECTION 5.3.1(e); ARTICLE 7, SECTION 7.1.2.7(a); AND OFFSTREET PARKING GUIDES AND STANDARDS OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW A RELAXATION OF THE SIDE AND REAR City ofMiami Page 130 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 SETBACKS IN T3-O AND REDUCTION OF PARKING AND GREEN AREA AS FOLLOWS: A) SIDE SETBACK (EAST) OF 3'10" (5'0" REQUIRED, REQUEST TO WAIVE 1'2"); B) REAR SETBACK (SOUTH) OF 5'10" (20'0" REQUIRED, REQUEST TO WAIVE 14'2"); C) PARKING OF 3 SPACES (4 PARKING SPACES REQUIRED, REQUEST TO WAIVE 1); D) REDUCTION OF THE REQUIRED FIVE (5) FEET YARD OF GREEN AREA AT THE EAST SIDE OF THE PROPERTY LINE, WHEN THE DRIVEWAY IS ADJACENT TO A PROPERTY LINE: PROPOSED 2'3" (REQUIRED 5'0", REQUEST TO WAIVE 2'9"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 1772 NORTHWEST 30TH STREET, MIAMI, FLORIDA. 11-00321v CC 10-27-11 Fact Sheet.pdf 11-00321vAppeal Ltr, Analysis, Maps & PZAB Reso.pdf 11-00321vApplication & Supporting Documents.pdf 11-00321v CC Legislation (Versions 3 & 4) & Exhibit.pdf LOCATION: Approximately 1772 NW 30th Street [Commissioner Wifredo (Willy) Gort - District 1] APPELLANT(S)/APPLICANT(S): Lowell J. Kuvin, Esquire, on behalf of Theresa M. Mathias and John Radu, Owners FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial of the appeal and denial of the original request. PLANNING, ZONING AND APPEALS BOARD: Denied the Variances on May 4, 2011 by a vote of 8-0. PURPOSE: The approval of this appeal will allow the legalization of an addition to a duplex structure. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO M.1 RESOLUTION 11-00941 A RESOLUTION OF THE MIAMI CITY COMMISSION ENDORSING EMPLOYER SUPPORT FOR THE NATIONAL GUARD AND RESERVE, IN FURTHERANCE OF AMERICA'S ARMED SERVICE MEMBERS AND THEIR FAMILIES; FURTHER INSTRUCTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE CHAIRMAN OF THE NATIONAL COMMITTEE AND THE CHAIR OF THE FLORIDA COMMITTEE FOR EMPLOYEE SUPPORT OF THE GUARD AND RESERVE. City ofMiami Page 131 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 11-00941 Legislation.pdf Motion by Commissioner Suarez, 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-11-0440 Chair Gort: Mr. Mayor. Mayor Tomas Regalado: Thank you very much, Mr. Chairman. Good morning, Commissioners. Chair Gort: If you have -- you're going to present an item, before you do, let me ask the attorney to go through the procedures. Mayor Regalado: Right. This is a resolution that has to do -- Chair Gort: Oh, okay. Fine. I'm sorry. Go ahead. Mayor Regalado: -- yeah, it has to do with the presentation that we are -- we just heard. This is a resolution of the Miami City Commission endorsing employer support for the National Guard and Reserve of America's armed service members and their families; instructing the City Clerk to transmit a copy of the resolution to the chairman of the national committee and the chair of the Florida committee for employee support of the guard and reserve. AndMr. Chairman and Commissioners, we have a list for -- from Employee Relation [sic] of more than 30 City ofMiami employees that have used military training leave, so that means that we do have a lot of employees active in the reserve in the City ofMiami workforce. Chair Gort: Thank you, Mr. Mayor. Is there a motion? Commissioner Suarez: I move it. Commissioner Spence -Jones: Second. Chair Gort: It's been moved by Commissioner Suarez, second by Commissioner Spence -Jones. Under discussion, I have to tell you, I served for about six years and we were called many times in duties to perform national and here in case of emergencies. So I think the service they provide, it's very unique. Not only are they willing to serve here within the nation, but also they're willing to go out and that's one of the reasons I support this. Commissioner Spence -Jones: I just want to add, again, you know, I've always been a strong supporter of veterans. I mean, I honestly feel like we don't do enough and so whatever we can do on our end, I applaud your efforts for, you know, coming to the City Commission and asking for our support. So just know at least from the D5 (District 5), and I'm sure from my fellow colleagues, that whatever we can do to support, we're here. Charles Flowers: Thank you very much. Thank -- Chair Gort: Thank you. Mr. Flowers: -- all you Commissioners. Chair Gort: Is there any further discussion? Mayor Regalado: Right. AndMr. Chairman -- City ofMiami Page 132 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 D2.1 11-00984 Chair Gort: We're being joined by Commissioner Carollo. You heard all the discussion, right? Vice Chair Carollo: Yes, sir. Chair Gort: Yes. Mayor Regalado: And Mr. Chairman, as you know, every Commissioner has signed a pledge of support for the National Guard and Dr. Tinnie will be picking up the signed forms and then they will forward that to the National Guard and give the certificate back to you. Chair Gort: Thank you, Mr. Mayor. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. END OF CITYWIDE ITEMS DISTRICT 1 CHAIRMAN WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF DISCUSSION ITEM DISCUSSION ON FOLLOW UP STATUS ON THE POLICE HIRING'S. 11-00984 Email - Status on Police Hiring's.pdf DISCUSSED Chair Gort: Pocket items. Commissioner. Commissioner Sarnoff. I got the blue page. Chair Gort: Yes. Commissioner Sarnoff. This is a discussion, Mr. Manager, regarding the hiring of police officers. I'm going to bring this up every Commission meeting until you address and tell me where we are and what the status is with the hiring of police officers. I want to know the number of officers we're down, what our strategies are, what have we done from the last Commission meeting to this Commission meeting to hire police officers. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. City ofMiami Page 133 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Vice Chair Carollo: And can I add -- and I'm in agreement with -- 100 percent with you. You know, if you remember, I asked you, hey, bring it back every Commission meeting. Can you just add dispatchers also? Chair Gort: Yes. Commissioner Sarnoff. Fair enough. Chair Gort: Dispatchers, yes. Vice Chair Carollo: Thank you. Armando Aguilar, Jr: Good afternoon. Sergeant Armando Aguilar, Jr., City of Miami Police Department. I'm going to go over some of the actions that have been taken since the last Commission meeting and, overall, some of the strategies that we've put into place. Probably most importantly for the sworn positions within the police department, the Manager has lifted the hiring and promotion freeze for all positions within the police department. What that's going to do is it's going to cut down on the time that it takes to fill these positions, especially the sergeant's positions. We have a sergeant's list that's been frozen for about two years now. In terms of emergency dispatchers and dispatch assistants, we have a pre -employment orientation scheduled for November 6, and we anticipate that the first batch of hires will be ready by the first week of December. The hiring of police officers, we've tentatively scheduled a pre -employment orientation session, and these orientation sessions are where we tell the applicants what the steps of the application -- or the pre -employment screening process are going to be. We schedule them for psychological testing. We schedule them for polygraph testing, physical agility testing, et cetera. The noncertified officers are tentatively scheduled for the beginning of December. And we also worked with the HR (Human Resources) Department, along with a representative from the City Attorney's office and from Civil Service, to put to bed this idea that we have to process an entire list before making our first hire. That's not going to be the case anymore. The process has been streamlined. So we're going to -- once we open up for hiring for certified officers, you're going to see these officers get hired a little bit faster than what we saw the last time. We anticipate opening the register for certified officers in the near future. We sort of held off for a while. We were looking at the possibility of 90 officers from Miami -Dade being laid off. That's looking like less and less of a possibility now, so I think it would be best to not wait for that and to just go ahead and accept applications from any certified applicants that may be out there. Commissioner Sarnoff. So altogether, you haven't done all that much? Sergeant Aguilar: If that's -- Commissioner Sarnoff. Well, there had to be a plan B. I mean, you know, certified officers seem to be the strategy that -- forgive me; I'm not the City Manager -- but that's what I would have employed. If I'm down 60, 70 -- what are you down? Somebody told me 110 was the number today. Manuel Orosa: Manny Orosa, Chief of Police. We're down 71 right now, Commissioner. Commissioner Sarnoff. Seventy-one officers. Interim Chief Orosa: Correct. I think the number became convoluted when they added the civilians that we lost and -- through the budgetary process and people that retired that were civilians. That came to the 100 number. But sworn is 71. Commissioner Sarnoff. Okay. City ofMiami Page 134 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Interim Chief Orosa: Minus the 16 that are almost ready to go. Commissioner Sarnoff.. Sixteen now. I had 13 and then 3 more. Is that --? Interim Chief Orosa: Correct. That's 16. Commissioner Sarnoff.. The 16 are lateral hires? Interim Chief Orosa: Yes. Commissioner Sarnoff.. And the three are lateral hires? Interim Chief Orosa: Lateral as well. Commissioner Sarnoff.. Okay. Interim Chief Orosa: But the hiring of the three was delayed a little bit and now they're back -- they're on board. Commissioner Sarnoff.. I'm getting a feeling -- Is it all right to have this --? Chair Gort: Sure, go ahead. Commissioner Sarnoff.. I'm getting a feeling from you guys that you have a new strategy with regard to the consent decree. Is that a -- no? No new strategies. Interim Chief Orosa: Well, we're moving forward. And part of the rationale that the delays were incurring in the past is gone because we're working closely with ER (Employee Relations), number one. Number two, we now will be opening two lists: one of certified and one of noncertified at the same time. We're going to be processing both lists at the same time. So whether we get from Paul or get from Peter, we'll be hiring police officers. Commissioner Sarnoff.. Well, I read a report last week in the New York Times that there are 700 law enforcement officers unemployed now in Camden County, New Jersey. Did you -- you're aware of the fact that there's a significant amount --? Interim Chief Orosa: I'm aware that they lost almost half of their police force. Commissioner Sarnoff.. Okay. So I'm just curious -- I mean, have you done any kind of strategizing, any thought process about getting folks from where we know there's a big supply of off -- unemployed police officers? Interim Chief Orosa: Well, right here in South Florida there is a supply, Commissioner. Basically, when we open the list, we get tons of applicants. It's just a matter of processing those applicants. We have a 2008 list of noncertified that we're going to continue working on those so that we can have certified and noncertified officers hiring at the same time until we finish that 2008 list. Commissioner Sarnoff.. Well, your 71 officers down right now, less 16 -- let's surmise for a moment -- so you're at 55 officers that you haven't accounted for where they're coming from. Fair enough? Interim Chief Orosa: Fair enough, correct. Commissioner Sarnoff.. Of the -- City ofMiami Page 135 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Interim Chief Orosa: We're hiring. Commissioner Sarnoff.. Okay. Now -- so that 55, are you expecting any number of officers to resign in the next 30, 60, 90 days? Are you aware of any? Interim Chief Orosa: The -- I believe there is a handful that will be leaving at the beginning of the year. Commissioner Sarnoff.. Okay. So then you'll be -- Interim Chief Orosa: Not that many. Commissioner Sarnoff.. -- back at about 60? Interim Chief Orosa: Correct. Commissioner Sarnoff.. All right. Now, of the 60, how many do you strategize that you want to come from sworn law enforcement officers and how many are from -- what is the word you used? Interim Chief Orosa: Noncertified. Commissioner Sarnoff.. Noncertifieds. Interim Chief Orosa: Right now the 31 that -- we're going after half of that number so we can move quickly. And then the next half, we have a commitment of 21 and 10; 21 certified 10 noncertified. Commissioner Sarnoff.. So -- all right. So that accounts for the 31. Interim Chief Orosa: Correct. Commissioner Sarnoff.. Twenty-one certified and you said ten noncertified. Interim Chief Orosa: Right. And then after that, we'll go for another 30 or so. Commissioner Sarnoff.. And by the end of let's say, June of next year, how many officers do you expect to be down? Interim Chief Orosa: Down? Commissioner Sarnoff.. In other words, you're going to lose people between -- Interim Chief Orosa: No, no. I understand. I -- by the end -- by June of next year, I would hope thatl am fully staffed, less the normal attrition, if we can make up the normal attrition by hiring extra police officers from here to June, more than what we are budgeted for. Commissioner Sarnoff.. Okay. Chair Gort: Let me ask a question. Interim Chief Orosa: Yes, sir. Chair Gort: We're budgeted for how many officers? City ofMiami Page 136 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Interim Chief Orosa: I think it's 1094 -- 1143 with the grants; 10 and change without the grants, which is 50. Chair Gort: Eleven forty-three, ten and change. What I'd like to get -- the information I'd like to get from you, what's been our force through the last four years. Interim Chief Orosa: Okay. Chair Gort: Okay. And the crime statistics according to that force in those last four years, okay? Interim Chief Orosa: Okay. Chair Gort: Thank you. Any questions? Vice Chair Carollo: Again, you know, also with the dispatcher, I want to make sure that, you know, we tie this -- even though they're not sworn law enforcement officers, they are also an integral part of the whole process. They're the first line. They're the ones who receive the information from the beginning, and they're the ones that deliver the information to the officers, to the firefighters and so forth. So where are we with that also? Interim Chief Orosa: We -- Chair Gort: Most important, yes. Interim Chief Orosa: Yes. No, that's definitely important. We are in the process of hiring ten of the dispatchers. And basically, the concern that Mr. Hatten had last time is that we -- there is about another nine that they're down, and I went ahead and did the request for those nine as well. Even though we haven't hired ten yet, I requested the nine so we don't lose time. Vice Chair Carollo: Did you begin Alpha Bravo with the dispatchers? Interim Chief Orosa: No, not yet. It hasn't gotten to that yet. Chair Gort: Let me ask a question. I understand there's a lot of certified individuals that have taken courses at college or -- and they're certified by the State and we're trying to tap those people? Interim Chief Orosa: When we open the list, those are mostly the ones that apply. Chair Gort: Okay. Interim Chief Orosa: So that's why I told the Commissioner -- Chair Gort: So they already certified? Interim Chief Orosa: Right. That's why I told the Commissioner earlier that basically, once we open the list, we'll have enough -- Chair Gort: Okay. Interim Chief Orosa: -- people applying that -- Chair Gort: Thank you. City ofMiami Page 137 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Interim Chief Orosa: Okay. Chair Gort: Yes, sir. Anthony Hatten: Anthony Hatten, union president, Local 1907. I just want to state, like the number's 32 we got to get to, so I want to make sure that, you know, we have an okay from the City Manager to hire 32. And they also brought to my attention crime scene investigators. We have nine right now. We got nine PSAs (Public Service Aides) that are helping the crime scene investigators at their work now and they can't work past midnight. We have 19 crime scene investigators that are going to be leaving '13 -- 2013 to 2014. They're walking out the door, 19 of them. That'll leave a total of nine to do three shifts. Chair Gort: Okay. You're talking about 2012, 2013? Mr. Hatten: 2013 and 2014, 19 -- Chair Gort: Okay. Mr. Hatten: -- crime investigators are going to be -- Chair Gort: Well, you got your -- Mr. Hatten: -- crime scene investigators are walking out. Interim Chief Orosa: Those are the CSIs (Crime Scene Investigators). At one point we had a little bit less than 20. And through the years as they leave, they -- those positions were eliminated from the budget, and I'm not talking about this current budget. I'm talking about the last few years. And basically, what has happened is that in order to keep up with the demand, some PSAs that have wished to learn that process were placed in those positions and, basically, they're helping out. It is my goal that in the future when we can up the numbers, we can get those PSAs that are already trained and basically have a one up on applicants so that they can move into those positions. Chair Gort: Now that's -- Interim Chief Orosa: But that -- I'm sorry. Traditionally -- Chair Gort: To make sure -- Interim Chief Orosa: -- that's been a difficult career path to get people to come and work because unlike other cities, we have crime scene investigators 24/7. A lot of people don't like that midnight shift. A lot of people apply, and then see the glamour of CSI on TV (Television), and then when they get there and see the blood, they have to touch it and stuff, they back out and they don't want to do that job. Chair Gort: CSI, is that sworn officer? Interim Chief Orosa: No. Chair Gort: They're not sworn officers. Interim Chief Orosa: No. Chair Gort: I think it's very important for people to understand because on TV, they carry the gun, they got all this stuff, all the Hummers and so on. And it's important for people to City ofMiami Page 138 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 understand because every time I go to the gym at the police station -- Interim Chief Orosa: Right. Chair Gort: -- they ask me, where's my Hummer. Interim Chief Orosa: Yeah. They're not -- Chair Gort: Andl say they'll come in next budget. Interim Chief Orosa: Right. They're not sworn -- Chair Gort: So I think it's very important to explain that they're not sworn officers and we need to work with them to make sure we get them. Interim Chief Orosa: Correct. They're not sworn. That's why Mr. Hatten represents them and he advocates for them. Chair Gort: Does he carry a gun? Luis Cabrera (Acting Chief of Operations/Assistant City Manager): No. Interim Chief Orosa: No. Mr. Cabrera: Thank God. Mr. Hatten: Concealed. Chair Gort: Thank you. Any other questions? Any other --? But like the budget, I think we would like to have you come every month and give a report -- Interim Chief Orosa: Correct. Chair Gort: -- if possible, okay? Interim Chief Orosa: Let me say something, going back to the CSIs. When Chief Timoney was here, I was present in a meeting we had with then Manager, Pete Hernandez, and he approved six positions that we had vacant and they were never funded and we never hired those individuals. And on top of that, we had some people leaving for Miami Gardens when they first opened up and we had some people -- Chair Gort: Right. Interim Chief Orosa: -- leave. Those positions were never filled, and eventually, through the years, those positions were eliminated from the budget. That's why we have augmented with PSAs. Chair Gort: So we make sure you got to try to put it back, okay. Interim Chief Orosa: Hopefully. Mr. Hatten: Andl agree with the Chief about moving the PSAs that are doing the job now. And if we can get them past midnights, working past midnights, that would alleviate the graveyard shifts. You can have them do those shifts that nobody else wants to do, you know. And I'd like to move the PSAs since they're doing to work and they're working as a -- you know, to move them City ofMiami Page 139 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 D4.1 11-00988 up. Chair Gort: Look, as I stated before, this is one team for the City ofMiami. We all have to get together, talk to each other and get things done. I mean, the first thingl ask when I go in a meeting is do we want to do it or we don't want to do it. If we want to do it, we'll find a hundred ways why to do it, okay. Mr. Hatten: Absolutely. Chair Gort: Thank you. Interim Chief Orosa: Okay. Mr. Hatten: Thank you. END OF DISTRICT 2 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ DISCUSSION ITEM DISCUSSION REGARDING POSSIBLE LEGISLATION REQUIRING PROPERTY OWNERS TO SECURE AND MAINTAIN VACANT PROPERTIES. 11-00988 Email - Secure & Maintain Vacant Properties.pdf DISCUSSED Chair Gort: Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. I wanted to bring up very quickly something that we've been talking about; I've been harping on meeting after meeting, and it's about a vacant property locking system or vacant property security system. Right now what we do is we essentially use wood to secure our properties. And I've been working with the Administration and investigating exactly how much the costs are, and we're spending about $500 in material and another $500 in labor per property that we secure. So you know, one of the things thatl looked at was first of all our code to see if there was some need for additional regulation or additional legislation. And in fact, Chapter 10 in our code, which I think we recently changed, talks about owners of vacant and abandoned properties having to register the property, obviously, and to secure and maintain all entrances and openings. But it doesn't specin, how they have to do that. So what would like is for the Administration to work with, you know, whatever companies are out there that do this. I know there was one that work with the CRA (Community Redevelopment Agency) and there's one representative that's here for them that -- actually, they volunteered their system with the CRA and they -- so I don't know whether the Administration can work with them or work with some other companies that do these kinds of City ofMiami Page 140 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 systems. Because what's important is not only -- first of all, it could be a cost savings to the City. That's the first thing. We don't know the total exposure 'cause I couldn't get it before the discussion item in terms of what was the total cost that the City spends on securing. Secondly, you know, it's an ongoing cost. When you have wood, it gets taken down. You have to replace it. It's constant. With these systems, you put them up once and they're there and you can reuse them, whereas with wood, oftentimes you have to replace them. The third thing is aesthetically, it's much nicer than wood. Wood is incredibly ugly. And what we're trying to do and with NSP (Neighborhood Stabilization Program) funding, for example, we're trying to stabilize our neighborhoods. So what we want to make sure is if there's an abandoned property in the neighborhood, it doesn't ruin the neighborhood, and that happens often. Sometimes we have streets -- andl'm sure it's the same in your districts where we have two and three abandoned properties a block; and imagine if you're the homeowner there, it's not fair to you to have to deal with that condition. Right now we have approximately 3 to 500 vacant or abandoned properties and only 50 of them are secured, so that means that we have -- andl know it's very prevalent in District 5, and unfortunately, the District 5 Commissioner is not here. I know in Little Haiti it's a huge problem. It's a big problem in my district. And the last thingl want to mention before we adjourn is we special assess the properties, so at the end of the day, it doesn't cost the City of Miami. If we're enforcing our special assessments -- and right now we're doing a test case where we're foreclosing on a special assessment in my district, at our prodding and urging -- it should not cost the City any money. That money should revolve back into the City general fund, andl'm going to keep harping on this. Once we get that money back from that foreclosure that we're engaging in soon, I'm going to bring it back to the Commission so you can see that we can do a timeline as to how we assessed it, what actions we took, and how we got that money back into our coffers with attorney's fees and costs. So it will be 100 percent -- we'll be 100 percent whole. So I really feel that we should -- this is also a police safety issue, you know. You guys are getting an enormous amount of calls for people being inside homes, you know. It's one of the big problems with lack of security when we secure our properties. It's not just the aesthetic ugliness of it. It's the fact that people are getting in, they're doing drugs. Obviously in some areas, it becomes crack houses. So I'm going to keep pushing until the Administration -- Chair Gort: Well -- Commissioner Suarez: -- you know, works to try to implement this system because I think it's a huge, huge need. Chair Gort: I believe that's one of the major problems we have in the City ofMiami right now. I know in my district, I'm getting calls every day, andl call Code Enforcement constantly. I'm calling you all and you all securing homes. They're being used by delinquents. They're being used for all kinds of illegal uses. And my understanding is, at one time we requested that somehow those liens, if they could be -- sell those liens, that we should. I don't know where are we at on that. Commissioner Sarnoff. Special assessments could be -- Chair Gort: Special -- the special assessment. Commissioner Sarnoff. Special assessments can be sold. Chair Gort: Those we can do. Commissioner Sarnoff. Liens can't be, but special assessments can. Chair Gort: Okay, with the special assessment. Then we have to go through that procedure. I mean, we talk about it. I think it was six months ago. City ofMiami Page 141 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Commissioner Suarez: Andl have a discussion item already for the next agenda, which is going to talk about our exposure in special assessments. In other words, how much money -- 'cause we have already money out on the street that we haven't collected. I mean, there's a lot of money out there, and so we need to start bringing that money back so that you gain the confidence of this board to spend money on that basis and get it as a revolving line. It shouldn't affect our general fund at all. Commissioner Sarnoff. Andl just want to say to you, you bringing up not a vacant and abandoned properties, but the unsafe structures. We have had ten buildings taken down by owners as a result of the City taking down three structures in District 2. And we started saying you're next, and they were like, no, no, no. We'll take it down. Commissioner Suarez: Yep, yep. Commissioner Sarnoff. Because they don't want of course -- Commissioner Suarez: It's happening in my district as well. Commissioner Sarnoff. Yeah. They don't want to bear the expense -- Chair Gort: Yeah. Commissioner Sarnoff. -- and the special assessment -- Chair Gort: That's right. Commissioner Suarez: Right. It's more expensive. Commissioner Sarnoff. Right. Chair Gort: It's a lot more expensive, yes. Commissioner Sarnoff. For us to do it than for them to do it. Commissioner Suarez: Right. Commissioner Sarnoff. So I would say District 2 has probably taken down almost a dozen pretty eyesore unsafe structures. Chair Gort: It's working. Okay. Commissioner Suarez: Andl see that we have a representative of that company that was talking be with the CRA or Peter Bockweg, who's -- I don't know if he's still here -- that can talk about the performance of that system within the CRA. And by the way, it was donated. You know, it was -- we had a press conference on it. Commissioner Sarnoff invited me. We had a press conference and it was a system that was donated for free to the CRA. Pieter Bockweg: Good evening. Peter Bockweg, executive director of the CRA. We've had that system in place now for a good four or five months, and we've had absolutely zero occurrences of break-ins or whatsoever within that building. It's working out fantastically. Chair Gort: Thank you. Okay. Carlos Gimenez: And -- City ofMiami Page 142 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 NA.1 11-01030 Honorable Mayor Tomas Regalado Chair Gort: Do I have a motion to adjourn? Mr. Gimenez: For the record, Carlos Gimenez -- Vice Chair Carollo: Motion to adjourn. Mr. Gimenez: Oh. Vice Chair Carollo: Oh. No. Mr. Gimenez: Well, I just wanted to add two quick points. Carlos Gimenez, 121 Alhambra Plaza. With respect to what Commissioner Suarez was saying, it does actually add a cause benefit towards the aesthetic nature of the community, plus it reduces cost from the City in behalf of Code Enforcement having to place them, replace them, refit them; also reduces costs for Police and Fire. In fact, most of the fires you're seeing nowadays are in abandoned buildings, so that's just another thing to take into account. Thank you for your time. Chair Gort: Thank you. Do me a favor, get a comparison on prices; you doing it and them doing it, okay? Mr. Gimenez: Okay. And in addition -- Chair Gort: Motion to adjourn. Mr. Gimenez: And real quick, in addition to Chicago, New York, L4 (Los Angeles) have already implemented this system with all (UNINTELLIGIBLE) 6:18: 50. Chair Gort: Thank you. Mr. Gimenez: Thank you. Chair Gort: Thank you. You all have a good evening. Go Miami. END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES END OF DISTRICT 5 NON AGENDA ITEMS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT ENTITLED: "2011-2012 HOMELESS HOTEL/MOTEL, FEEDING AND HOMELESS MANAGEMENT INFORMATION SYSTEM ("HMIS") AGREEMENT ", AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $447,166, CONSISTING OFAGRANTAWARD FROM THE MIAMI-DADE COUNTY HOMELESS TRUST, FOR AN ADDITIONAL TWELVE (12) MONTH PERIOD, TO PROVIDE HOTEUMOTEL ACCOMMODATION TO HOMELESS FAMILIES, STAFFING FOR HMIS, AND FEEDING PROGRAM City ofMiami Page 143 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 COORDINATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE EXTENSION AND AMENDMENT NUMBER 2 OF THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT. 11-01030-Legislation. pdf 11-01030-Exhi bit. pdf Motion by Commissioner Suarez, 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-11-0441 Direction by Chair Gort to the Administration to place a discussion item involving issues associated with homelessness on the November 17, 2011 Miami City Commission Meeting agenda; further directing that the Administration invite the Homeless Assistance Center (H.A.C) and the Executive Director of the Homeless Trust to answer questions by the Commissioners. Direction by Commissioner Sarnoff to the Administration to make a presentation that outlines strategies used by other cities throughout Miami -Dade County, City ofMiami, and Miami -Dade County regarding issues related to the homeless. Chair Gort: I understand) have two items that) have to listen to. And Mr. Mayor, I apologize. I know you need to get this item on board. And also, we have RE.10, I believe. Luis Cabrera (Assistant City Manager): Yes. Chair Gort: Okay. Mayor Tomas Regalado: Thank you, Mr. Chairman. I do have a pocket item on behalf of the NET (Neighborhood Enhancement Team) office and the homeless division. I distributed this morning. And the reason that it's not in the agenda is because the contract came from the County just two days ago. And it is a resolution establishing a special revenue project, the homeless hotel/motel feeding and homeless management information system. As you know, the homeless division of NET works for the Homeless Trust in the County. We have a countywide contract. However, we have -- at this moment, we have many families in motels and the NET office has been paying -- at least we have between 50 to 60 homeless families in motels and the NET office has been putting them in motel room. Actually, in three -- one, which is in District 4, the other one on District 2, and there's one in Homestead where the people from the County -- but mainly, there are many families from the City ofMiami that have been housed. So the purpose of this resolution, if you approve it, is to expedite the payment from the County to the City ofMiami so NET can pay the motels for the homeless family and have money available. This is a grant of $447, 000 from the Homeless Trust, which I sit on the Homeless Trust, and I think that the Homeless Trust, I will tell you, is very happy with the work that the homeless division of the City ofMiami is doing, the outreach, the survey, and the placement of people. As you know, the HAC (Homeless Assistance Center) is at full capacity and Camillus House is also at full capacity so we need to go to the route of hotels. And this is the reason that we're doing this resolution so it can be, if approved, signed today and NET get the money. Commissioner Suarez: Move it for discussion. Chair Gort: Thank you. City ofMiami Page 144 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Commissioner Spence -Jones: Second. Chair Gort: Moved by Commissioner Suarez, second by Commissioner Spence -Jones. Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you, Mr. Chairman. I just want to say I've -- as the Mayor mentioned, one of the facilities is in District 4. It's in a hotel and I've been there with the Mayor and it is really -- I can't express how important it is for us to do everything that we can as a city to be a bridge for people who are literally on the edge of being homeless. I want to commend Ms. Wheeler from the NET office, as the director. Every time that I call her with a referral that someone's calling in that's on the verge of being homeless, they respond in a crisis fashion, Friday evenings, weekends, you know, 24 hours a day. And you know, this is something that, you know, the City benefits tremendously from, even though it's a countywide program. A lot of the homelessness in Dade County is in the City ofMiami. I would say the vast majority -- Mayor Regalado: Right. Commissioner Suarez: -- of the -- Mayor Regalado: He's right. Commissioner Suarez: -- homelessness in Dade County is in the City ofMiami. So it's an honor for me to support this item. Mayor Regalado: And Commissioner, I will say -- and this happened in Commissioner Spence -Jones district. There was a gas explosion on a building on -- I think it was a Saturday and the Red Cross was able to place for three days all the families and -- but after that, they didn't have any more money, so NET took over and the issue was resolved and there were like 14 families that were taken care. And Commissioner Spence -Jones mentioned her interest in the veterans affairs. The American Red Cross has been meeting with Haydee and the NET office team in order to work for veterans. It is estimated that we have like 700 veterans homeless in Miami -Dade County at this moment, several of them -- most of them in and around the City of Miami. And hopefully the first lady of the United States, Michelle Obama, has an outreach program and probably the American Red Cross will be getting funding for the veterans and NET will be working on it. So I think this is important and hopefully with your approval we '11 be able to access this money immediately. Chair Gort: Thank you. Yes, Ms. Spence [sic]. Commissioner Spence -Jones: Yes. I just wanted to ask really fast -- Haydee, just so -- I support it 100 percent, so you know that. I just wanted to just have clarity 'cause I'm always concerned about the transition. So how long are they actually -- are you able to actually keep them in the hotel and then what is the plan afterwards? Like once NET refers them to the hotel, they go there -- first of all, how long do they have to stay there and then what is the transition from that hotel to the next location? Haydee Wheeler: Okay. Good morning. Haydee Wheeler, director of NET. The hotel dollars are used for transitional. If we receive a call, we assist the family, and there is no room available in the HAC, in the Homeless Assistance Center, then we'll take them to the motel. We really don't put a timeframe, and that's why -- Commissioner Spence -Jones: Okay. Ms. Wheeler: -- we've been spending so much money. The average time right now is about two weeks. City ofMiami Page 145 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Commissioner Spence -Jones: Okay. Ms. Wheeler: We've seen almost 50 to 60 families a month, which we had never seen before. Commissioner Spence -Jones: Okay. Ms. Wheeler: So it is our goal not to put anyone on the streets, so we do not go to the hotel and put them out. Commissioner Spence -Jones: Yes. Ms. Wheeler: So that's what we're averaging now. We did go back to the County and ask for additional dollars, which is the amendment that you have before you, and we're short $45, 000 to end the year, and they did approve and they are committed to help us in keeping all the families in a safe place. Commissioner Spence -Jones: So the transition after they leave their NET sends them what -- to -- where do they go from there? Ms. Wheeler: They go to the HAC, and from that point on, then through the outreach processes and the different resources that they could find, they will be issued assistance. For example, there is a program where if you're homeless, you can have affordable housing -- Commissioner Spence -Jones: Yeah. Ms. Wheeler: -- benefits. Lazaro Trueba: Good morning. Lazaro Trueba, Miami Homeless Assistance Program. The hotels, motels is just used as an overflow for the Homeless Assistance Center. We're not going to leave the family on the street, so when there's no room at the Homeless Assistance, they're placed in a motel until a vacancy opens up at the shelter. Commissioner Spence -Jones: Okay. Mr. Trueba: Once there, you know, they're given case management and all the -- Commissioner Spence -Jones: Yeah, yeah, yeah. No, no, I know. Mr. Trueba: -- resources that are available for them, yeah. Commissioner Spence -Jones: I just wondered what was the transition. And then this brings me to a question for George. If -- Mr. Mensah. I mean, here we are -- just as an -- just trying to understand. Here we are have a issue where Haydee is basically saying the money that they have is still not enough, okay, correct? Haydee, did --? Okay. That you're even asking for an increase in dollars to, you know, serve the number of families that are really, really being affected by whatever's happening with the economy. Ms. Wheeler: We get the money directly from the Homeless Trust. The -- Commissioner Spence -Jones: Right. Ms. Wheeler: -- average we're spending right now is about $50, 000 a month. Commissioner Spence -Jones: Right. So, George, you already know what my question is, right? City ofMiami Page 146 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 George Mensah: George Mensah, director of Community Development. I believe your question is we had an item I believe two months ago, which was deferred and -- where we were trying to provide $54, 000 just in excess of the funds that we've given to the homeless agency to give to, I believe, Lotus House. Andl believe the reason why we did that was that we have a time limit on these funds. They expire March 2012. Commissioner Spence -Jones: Right. Mr. Mensah: And at the time when we provided the funds, the homeless agency did not have any need for those funds. Commissioner Spence -Jones: Okay, so that -- You read my mind so great, George. You're good. So my question is -- because before we decided to shift it to any organization, if there is a need here, is this an option? Mr. Mensah: It was an option. I met with them first. At that time, they didn't -- they -- (UNINTELLIGIBLE) 10: 45: 55 were going to provide the funds to them, but then the County came in and give them the fund. Don't forget that the program they are running covers the whole County. Commissioner Spence -Jones: Right. Mr. Mensah: My funds can only be used for people inside the City ofMiami. Commissioner Spence -Jones: Right. Well -- Mr. Mensah: So my fund is more restrictive than -- Commissioner Spence -Jones: Right. So -- but you already know that District 5, unfortunately, every homeless shelter that you can remotely think of is in my district. So that's never going to be an issue for us. So -- but my question is, can -- is there any way that we can sit down --? Because I do believe that there's still a gap. Even though I know that you expressed to me that once they finish, you know, before you have them move on to another place, a lot of times a lot of these centers that you're talking about are extremely full so it becomes an issue. So my question, George, is there any way that NET, CD (Community Development), andl -- and my office can sit down and figure out whether or not these funds are, you know, funds that they could perhaps use ifI have them. Mr. Mensah: If we can use -- Commissioner Spence -Jones: Because I think their need is greater for this instance. Mr. Mensah: Yes. I agree with you, Commissioner. If we can use it quickly so we don't use their funds, I think that would be the best thing to do. Commissioner Spence -Jones: Okay. Thank you so much, George. Chair Gort: Thank you. Commissioner Sarnoff, then Commissioner Suarez. Commissioner Sarnoff.. It's more a procedural issue, which is I wasn't briefed on this and how is this coming out as a pocket item and why is this being brought to us like right now? I mean, I saw Haydee this morning. You never briefed me on this. Ms. Wheeler: Commissioner, I apologize. We did do the briefing on Tuesday to your staff and a City ofMiami Page 147 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 copy was provided to everyone at that meeting. It was my understanding that it would be briefed to you, but I do -- I have to apologize because I did not go to individual offices. We did the briefing for the Mayor at the staff meeting on Tuesday. Commissioner Sarnoff.. I actually think -- I don't know -- for me to -- I would have liked this to have been a big discussion, Mr. Mayor, because candidly I'd like everybody at the City ofMiami to understand how the other municipalities deal with homelessness and how they all bring their homeless to the City ofMiami. I believe the City ofMiami Beach does not even have a homeless shelter, if I'm correct. Mayor Regalado: They don't. And Commissioner -- andl also apologize. I was asked to bring this as a pocket item because we didn't make the rounds then. The number on the first resolution was wrong. It was changed and it was -- the staff was briefed at the agenda briefing. Your staff was there. The reason that we're bringing this is because ifI -- if you approve it andl sign it, they will be able to access the money immediately. But you're right. I think that this merits a very large discussion because the City ofMiami, number one, is the one that has the more -- the biggest number of homeless people throughout Miami -Dade County. Number two, we have been so successful that the Homeless Trust, which I am a member, appointed many years ago by the Commission, has contracted the homeless division of the City ofMiami to do the outreach throughout the country and also the survey that is done twice a year to determine the numbers of homeless. And there's also something to be said -- and you're right; some cities do not have homeless shelters. And we do have the HAC, which recently changed to the Chapman project in -- to remember his founder, Alba Chapman, and they are at full capacity. And this is why this is happening. As you know, Camillus House, which is in District 5 and District 1 border, it's almost finishing their transitional building. Andl do believe that if we are meeting on December 8 for the Community Development agenda -- Chair Gort: It should be a discussion item. Mayor Regalado: -- this should be a major discussion. Andl would ask -- Chair Gort: Now, Mr. Mayor, let me take advantage -- Mayor Regalado: -- the homeless director from the County to come here. Chair Gort: -- of you since you're in that board. When we approved the HAC on 15th Street and Miami Avenue, they came up that they were going to build three, one in Central Dade County, one in North Dade County, and one in South Dade County. Where are we with the one south of Dade County? Mayor Regalado: It's only the one on Miami Avenue. The Homeless Trust does a lot of contracting with Citrus and other agencies down south and they have -- the Homeless Trust has sponsor several projects in the Homestead area in the air force base. There is a transitional housing there. Camillus House has also facilities there. But you're right, there's only one HAC and it's at full capacity. Chair Gort: What I'd like to see -- and I'll let you speak in a minute, Commissioner Suarez -- is the -- this item being part of the agenda, next agenda, andl would like to have the representatives from the HAC and yourself be in here so we can ask them question. Mayor Regalado: I would request them, but you're saying on November 17 or the December 8 CDBG? Chair Gort: Whatever comes first and whatever we have room for. City ofMiami Page 148 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Mayor Regalado: I mean, it's up to you. We can -- Vice Chair Carollo: Seventeenth. Chair Gort: Do we have room on the 17th? Mayor Regalado: The 17th. We will -- Chair Gort: Yes, on the 17th. Mayor Regalado: -- invite the people from the HUD and also the executive director of the Homeless Trust to make a presentation. But Commissioner Sarnoff is correct and there are practices from cities that their only action regarding the homeless is to transport them -- Chair Gort: To Miami. Mayor Regalado: -- to downtown Miami or the courthouse. Chair Gort: Right. Mayor Regalado: As you know, the homeless division, we have outreach outside the jail and -- for the people not to walk -- Chair Gort: Yes, sir. Commissioner Sarnoff.. And Mr. Mayor, you know, I'm not -- look, I know your work with the homeless is stellar, but I think very few citizens -- very few taxpaying citizens understand, for instance, the city ofMiami Beach does not have a homeless shelter. To my knowledge, the city of Coral Gables does not have a homeless shelter. To my knowledge, the city ofAventura does -- I could go on and on. Chair Gort: Doral. Commissioner Sarnoff.. There's 37 -- Chair Gort: The city of Doral. Commissioner Sarnoff.. Right, the city -- Mayor Regalado: But they have police cars. Commissioner Sarnoff.. Correct. Andl don't know that everybody knows that there is a practice that these municipalities transport all the homeless to downtown. Mayor Regalado: Yes. Commissioner Sarnoff.. Couple that with the fact that at 2 o'clock in your neighborhood there's a release of prisoners. They've given a 35-cent token and are told to go home. Most of them will not make it home and then thus become homeless. Chair Gort: They stay in our neighborhoods. Commissioner Sarnoff.. So I think everybody should understand not only are we a hamster wheel, but we're actually a factory that transports everybody else's homeless problems directly into the City ofMiami. And l just want -- I want to see a PowerPoint demonstration that reflects City ofMiami Page 149 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 the strategies employed by 36 other municipalities, the amount of money they pay, the true cost of a homeless person so that you can see what the County strategy is dealing with homeless and whether that is an imposition or whether it could be a good position for the City ofMiami. But I think we have to be fair and honest with each other, what is the cost of homelessness, what is the strategy of dealing with it. What is effective? What has worked? What hasn't worked? And you know, there are some people who believe you just feed people on the street, you give them your change in your pocket, you've now cured homelessness. Without, I think, proper psychiatric analysis and some other things, you know, I think all you're doing is you're just facilitating the hamster wheel. So, you know, I wasn't aware of this. I'd ordinarily ask to table it 'cause I just -- nobody ever brought it to my attention. But having said that, as long as we have a full and robust discussion next Commission meeting or December -- I'm not saying it doesn't have to be the next Commission meeting, but I think it's time that everybody understand how homelessness is dealt with in the City ofMiami -- the County, I should say, Miami -Dade County, where the City ofMiami stands with regard to homelessness and whether we are being given an imposition or a position. Mayor Regalado: Commissioner -- Chair Gort: Thank you. Mayor Regalado: -- ifI may, just correction. Number one, I stand corrected. There is a HAC in Homestead. I just remembered. But it's at full capacity. Number two, as you know, we use very little, almost none of the general fund to operate the homeless division of the City ofMiami. As you know, there is a tax on the restaurants -- Commissioner Sarnoff.. Right. Mayor Regalado: -- major restaurant, those with more than 200 seats, that part of the tax countywide goes to the Homeless Trust. There's also the money from -- and) will tell you, the Homeless Trust has a budget of like $28 million a year. Number three, it's important, yes, the number of homeless throughout Dade County has been reduced drastically from 8,000 that we had many years ago. Now the population -- 60 to 70 percent of the homeless population is within the City ofMiami and within the downtown, Overtown -- Chair Gort: Of course. Mayor Regalado: -- Park West -- Commissioner Sarnoff.. But as a natural occurrence or as a result of transportation? Mayor Regalado: As a result of transportation and natural occurring. I know that Commissioner Spence -Jones, she wants to look at the feeding places in downtown Miami. As you know, this was organized several years ago by the City ofMiami, the Homeless Trust. It took people off the streets, although we still have, you know, the guerilla -type people that with good heart, they come and feed people during the weekends and create a problem, especially around the American Airlines Arena. I mean, they just come and set up barbecues and (UNINTELLIGIBLE) 10: 57: 29 -- they go out and bring homeless to have dinner and they do it in -- you know, like in good faith. They're mostly churches. But I do think that it's important and I do think that it's important that maybe we can have like a white paper put out as to why the homeless situation is in Miami because you're right; we get blamed, and it is about transportation. It is about -- we have documented) think in the past cars from Coral Gables Police Department dropping off in District 4 in the Coral Way area. They just cross 37th Avenue and drop them off. So I think it's important conversation, and the reason that this was brought as a pocket item is because we can access the money immediately. City ofMiami Page 150 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Commissioner Sarnoff. The -- Chair Gort: Thank you. Mr -- Commissioner Sarnoff. (UNINTET,T IGIBT ,F) 10: 58:29. The -- I'd also like in that paper some of the municipalities can use their -- I've always called it the drinking tax, which is what -- what's the proper word for this? What's it called? The beverage tax? Unidentified Speaker: Food and beverage. Commissioner Sarnoff. Food and beverage tax. Mayor Regalado: The food and beverage tax. Commissioner Sarnoff. Some municipalities in Dade County are allowed to use the food and beverage tax, which is supposed to go to the homeless, to operate their general fund. I'd like those -- Mayor Regalado: I didn't know that. I thought that it would go -- Commissioner Sarnoff. City of Surfside. Mayor Regalado: -- directly to the Homeless Trust. Commissioner Sarnoff. City of Surfside and there are others can actually use that money to operate their general fund. So I think we should be very transparent here. I want to understand how certain municipalities have been able to do that and the City ofMiami can use none of these Southeast TDT (Tourist Development Tax), CDT (Convention Development Tax) -- and for those of you that don't know this, the city ofMiami Beach can use -- and forgive me if it's TDT or CDT money -- 40 percent of it can be used to operate its general fund. Mayor Regalado: Both. Chair Gort: Well, let's make sure we get all that information for the next item when we bring it up. At this time, if you don't mind, I'd like to -- Commissioner Suarez asked for the yield and then Commissioner Spence -Jones. Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. My question is regarding -- and it kind of goes to what Commissioner Spence -Jones asked, which was, you know, what we're allocating money for here is for this hotel program which is kind of like the last line of defense, other than, you know, the Homeless Assistance Center. We also have another funding source, which is the temporary rental assistance funding, and that helps with the transitional phase, getting the -- getting people from the center, from the hotel, reintegrated into, you know, the private sector, for lack of a better word, into actual housing and restabilized. And what happens -- and what I -- my experience in referrals to this program, what I've seen actually -- and this is why I think Commissioner Sarnoffs request for a broader discussion is very important because I've seen both cases. I've seen the case where the City becomes a repository for homeless -- for the homeless people of this community, but I've also seen the reverse happen, which is because it's a countywide program, I've seen us been able to give temporary assistance to people who have actually moved out of the City ofMiami and moved to other parts of the County and been somewhat stabilized beyond their homeless event. So my question to you is, I was under the understanding that that pot of money, which is not at issue here -- and I'm sorry for digressing -- that that one was either shrunken or nonexistent anymore. Is there any efforts to get some more of that -- it's actually temporary rental assistance funding. Is there any --? City ofMiami Page 151 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Mr. Trueba: Yeah. That's part of the HAND (Housing Assistance Network ofDade), Housing Assistance -- Commissioner Suarez: Right. Mr. Trueba: --from (UNINTELLIGIBLE) 11: 01:19. I think the City received $3 million through federal funding. The County actually got $10 million. That money is pretty much exhausted. Commissioner Suarez: Right. Mr. Trueba: A lot of the families that we're getting now, some are families that received the assistance and, you know -- Commissioner Suarez: Right. Mr. Trueba: -- lost their job again and are -- Commissioner Suarez: Right. Mr. Trueba: -- no longer able to maintain their housing. Commissioner Suarez: But my question is, is there an ongoing effort to get more funding? Are we looking at getting more funding in that program? Is that going to happen any time soon? Mr. Mensah: George Mensah, director of Community Development. No. Those funding came from the stimulus grant that was provided by the current president, and don't think there's any effort to provide additional funding for that program. Mr. Trueba: What can -- Chair Gort: Thank you. Mr. Trueba: -- tell you, Commissioner, is that the Homeless Trust, instead of spending all the money to the hotels, they're looking at ways to assist with rental assistance rather than putting them in a hotel, sending them to the shelter -- you know, catching them upfront before they become homeless. So they're working on it. Commissioner Suarez: Thank you. Chair Gort: Thank you. Mayor Regalado: But the bottom line is that we don't see in the future any more federal funding. However, there is funding for veterans. If Congress approve what the White House is pushing for, there will be homeless for veteran. Andl think that in the last survey there were around downtown Miami like 60 veterans that with that funding maybe they get transitional housing and that's a load off the homeless division of the City ofMiami. Chair Gort: Thank you. Commissioner Spence -Jones. Commissioner Spence -Jones: Let me say this. I think that all of my colleagues up here, we -- I want to make sure that we're clear on this, Mr. Mayor and Haydee, that we definitely support the need. This is an emergency from the standpoint. This is about people that are most likely in an emergency type situation and their issue needs to be resolved immediately. Andl think that every single last one of us sitting up here will understand why we need to vote in support of you having the resources so that people are not left out. So I don't think that that's the issue. I think that like City ofMiami Page 152 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 we said earlier, it's more of a broader discussion. It's the transition from you guys to, you know, whether or not there's going to be a Camillus House or a Lotus House or whatever the case may be, that they're actually going into programs and actually transitioning out. Now everybody has mentioned, you know, that the City ofMiami is a dumping ground and downtown, that's where they dump them at that particular point for those individuals one way or the other. But the reality is a lot of Overtown becomes the place where they reside. They might get dumped in a place, but they transition into Overtown. Andl can tell you just in a matter of being gone for two years and working very hard over the last four years to really clean it up, to come back now the numbers are doubled andl think it has a lot to do with the criminal elements or the drugs that are in the area that attract some of the homeless. So I know that that is an issue. And yes, you're right, Mr. Mayor. I never have a -- let's be clear. I never have a problem with people being fed because if people are hungry, they need to be fed. My only concern was having it done in a very organized manner so that at least, you know, we don't have, you know, people setting up trucks and churches, you know, because then it becomes a magnet to the Overtown area. Everything that I'm trying to clean up or the City's trying to clean up, you know, to make it better, it won't get better because of the things that we keep doing in the area. Last but not least, on the green shirts part of it, I just want to be clear 'cause I haven't seen a green shirt in a minute. Is the green shirts still operating? 'Cause at one time (UNINTET,TIGIBT,F) 11: 00: 05 two years ago, I used to see them green shirts everywhere in Overtown and that kind of you know, went to me really making sure that the area is cleaned up. I've been in Overtown back and forth for the last two to three weeks with major meetings. I haven't seen not one green shirt. Ms. Wheeler: Commissioner -- Commissioner Spence -Jones: Andl thinkl might have mentioned that to George. I -- they may be there. Maybe they changed the color of their shirts or something. Ms. Wheeler: Well, actually, we are going to bring them with a new uniform coming up this year so they're no longer going to be the green shirts. We have 9 team and actually we have one team just in the Overtown area that works very closely with the commander and the NRO (Neighborhood Resource Officer) and they're there on a daily basis. Commissioner Spence -Jones: Okay. Ms. Wheeler: Andl can give you pictures and everything with what we do. Commissioner Spence -Jones: Yeah. I just think that we need to -- because, obviously, I'm just telling you, before they used to sweep the area so well and -- Ms. Wheeler: We still do that. We do -- Commissioner Spence -Jones: All right. Ms. Wheeler: -- everyday so -- Commissioner Spence -Jones: I don't know what's happening, but I'm just letting you -- Haydee, they not sweeping like they used to because -- Ms. Wheeler: I will come and introduce them to you. Commissioner Spence -Jones: -- you cannot go down 3rdAvenue without seeing, you know, countless number of homeless people. And if we're trying to rehab the buildings, if we're trying to make it better, you know -- so I would definitely like to work closely with you guys -- Ms. Wheeler: We will. City ofMiami Page 153 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Commissioner Spence -Jones: -- to figure out whether or not something needs to change. Ms. Wheeler: We will. Commissioner Spence -Jones: All right. Ms. Wheeler: We'll come and sit with you. Chair Gort: Thank you. Ms. Wheeler: I just want to add one thing that this item, the importance is that these were about 200 and 250 people that you never saw on the streets. You're talking about homeless and we kind of group everybody as they're not dressed well. We see them in the street. Some of them are chronic. Some of them, that's a choice of life. Commissioner Spence -Jones: Yeah. Ms. Wheeler: This item before you is actually families, average of four per family, so it's about 200 people that we were able to take out -- and most of them do come from Commissioner Suarez office, through the County, and we do have a plan that we actually go as far as Homestead -- Commissioner Spence -Jones: Yeah. Ms. Wheeler: -- and they don't all stay here. Commissioner Spence -Jones: Yeah. Ms. Wheeler: So our goal is to keep families out of the street and for our city also to be, you know, with less people out on the street. And Commissioner Sarnoff, I, again, apologize. I did mention it to you on Saturday while you were cleaning windows, so you might have forgotten, but I did remind you that this pocket item was coming so I do apologize. Chair Gort: Thank you. Commissioner Spence -Jones: And I'm sure you got a lot on your mind right now, Commissioner Sarnoff. Chair Gort: Thankyou. Appreciate it. Commissioner Spence -Jones: I'm sorry. Just -- only thing that do want to say is, Haydee, that's why I started off saying, you know, we all agree with you that it's an emergency situation. There's two things that I know that I'm very sensitive to and that is families. I don't want to see anybody's families on the street so that is the reason why I'm sure the Commission is supporting it. And veterans, you know, there's no reason in the world that somebody should go and fight for this country and have to come back here and not have a decent place to live. Chair Gort: Definitely. Ms. Wheeler: Correct. Commissioner Spence -Jones: So I think we all -- I can say we all agree to that, right? So definitely you have that support and we just need to figure out what's the -- Ms. Wheeler: Thankyou. City ofMiami Page 154 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Commissioner Spence -Jones: -- next step. Ms. Wheeler: And we will sit with the Manager to get the item -- Chair Gort: What I'd like to see in the item when it comes in front of us, you bring in details the procedure that the City ofMiami uses and the procedures that the County uses, and at the same time, the cities, the municipalities that receiving funds from the restaurants that they're not being utilized to help the homeless, okay? Ms. Wheeler: We will. We'll contact the County. Chair Gort: Thank you very much. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. It's very -- Mayor Regalado: Thank you very much. So this will be on the November 17, right? Chair Gort: Yes. Mayor Regalado: This is the November 17. Thank you. NA.2 RESOLUTION 11-01049 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER OR DESIGNEE TO SUPERVISE THE ADMINISTRATION AND PERSONNEL OF THE OFFICE OF THE AUDITOR GENERAL UNTIL SUCH TIME AS A PERSON IS SELECTED AS THE AUDITOR GENERAL. 11-01049-Submittal-Commissioner Gort's Statement.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-11-0452 Chair Gort: And there's an item thatl want to bring to all of us, which is the -- I understand that we -- there are many issues in the Office of the Inspector General that needs to be deal [sic] with and since most of the employees are -- their administrative -- work for the Administration, I would like to recommend that the City Manager should take some control or have some -- have this department reported to him and the function of the department not in anything -- not on the audits itself. Madam Attorney. Maria J. Chiaro (Deputy City Attorney): I'm sorry; I didn't hear what the question was. Chair Gort: What I'm trying to do is -- my understanding is, I received several information about the -- some of the issues in the Office of Inspector General with -- about their expenses, their budget and so on. And since this is something that he reports directly to the Commissioners, I would like at this time, until we get the new person hired, to have someone from the Administration have a report to them to make sure that they're complying with their performance that they have to do. City ofMiami Page 155 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Ms. Chiaro: Okay. Chair Gort: Not with the audit itself but the performance of the employees since the majority of the employees, they all part of the Administration. Ms. Chiaro: Yes. Mr. Chair, one of the issues that we're dealing with is that the approvals -- because the City Commission directed an individual to act in a supervisory capacity, some of the approvals for the processes needed to have authority to sign off and so the Commission needs to delegate rather than to an individual in the office to the City Manager so that the Manager can take charge of the function -- of the people in that office until such time as there is an appointment. Chair Gort: Right. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: Is it possible to hear from the Manager with regards to how the process is going? Andl know we've submitted our names for a selection panel and so forth. Could -- how is that process going? How long -- how much longer would it be? When do we expect to have recommendation from the selection panel or the panel -- I don't know exactly what we named it -- but back to this Commission so we see exactly, you know, when we could hire our new auditor general? Beverly Pruitt: Beverly Pruitt, director of Human Resources. We've reached out to all of the members that have been appointed. We're still waiting on one Commissioner office to appoint a committee member -- Chair Gort: Who? Ms. Pruitt: -- so that -- Mr. Sarnoffs office. Commissioner Spence -Jones: We're waiting on you. Commissioner Sarnoff.. I thought was the appointment. Ms. Pruitt: If you are the appointment, I can clam that and we can move forward with getting the meeting scheduled. We -- Commissioner Spence -Jones: Are you the appointment? Ms. Pruitt: -- will identify the meeting where they will sit down and go through the applications and that should happen within the week -- Chair Gort: We need to do that -- Ms. Pruitt: -- if all their schedules -- Chair Gort: -- as soon as possible. Ms. Pruitt: Yes, sir. We're scheduling that -- Chair Gort: All the members should have all the applications -- City ofMiami Page 156 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Ms. Pruitt: Yes. Chair Gort: --from -- that already been done? Ms. Pruitt: They have not received the applications as of yet. They will get -- in the meeting we will have the meeting and discuss the process so they understand what their responsibility is in reviewing those applications in the sunshine so that we have all of that on record. Chair Gort: Okay. My recommendation, do that as soon as possible. Vice Chair Carollo: Exactly. Ms. Pruitt: Yes. We're scheduled for next week. Chair Gort: This is something very important to us. Commissioner Spence -Jones: And my recommendation is that Commissioner Sarnoff gives you a recommendation as soon as possible. Ms. Pruitt: All right. Commissioner Sarnoff.. That's an admonishment. Chair Gort: Okay. Any other questions? Commissioner Spence -Jones: Is that a commitment? Ms. Chiaro: You need a motion on that. Commissioner Sarnoff.. I'll get one today. Would you like it before the end of business today? Chair Gort: I know. I understand. Vice Chair Carollo: I mean -- no. I just wanted to know what the process is for obvious reasons. I want to see if it's held up or not because -- I mean, this is an important position. I don't want it to be in limbo for -- Commissioner Spence -Jones: Yeah. Vice Chair Carollo: -- you know, any more time than it needs to be. I think we need to move forward with this. I think, you know, it's a very important position and, you know, we just need to move forward with it. With regards to this, I understand since we don't have a inspector general, we are -- or auditor general, we may actually have to do this, you know, and yield to, you know, the recommendation of the City Attorney with regards to -- because I know it's somewhat sensitive because I know that it -- you know, the employees actually report to the auditor general which reports to the City Commission, not necessarily the City Manager. So I don't know as far as the legality behind all this. Chair Gort: That's why I consulted with the Attorney's office for them to give us a recommendation. I think this recommendation she stated today. Okay, do I have a motion? Commissioner Spence -Jones: So moved. Commissioner Suarez: Second. City ofMiami Page 157 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Chair Gort: It's been moved by -- Priscilla A. Thompson (City Clerk): Chair, ifI might. I'm sorry. Andl wanted to clear this up with the City Attorney. The motion that is being made, will it be as it -- will it result in a resolution because of the --? Chair Gort: No. Ms. Thompson: I just want to make sure. Chair Gort: No. Ms. Chiaro: It does not. Ms. Thompson: Thank you. Ms. Chiaro: It's a motion. Chair Gort: Okay. Does everybody understand the motion, the maker and the seconder? Will you repeat the motion? Vice Chair Carollo: Could you repeat the motion and --? Ms. Chiaro: It is a recommendation that the Manager or his designee handle the supervisory functions of the Office of the Auditor General until such time as the auditor general is selected. Chair Gort: Okay. Is that understood? Commissioner Sarnoff. Is that not a resolution? Commissioner Spence -Jones: Madam City Clerk, is that a resolution? Ms. Chiaro: It can be a resolution if you want. It's a motion. You're not making a permanent appointment. But I'll prepare -- we'll prepare a resolution. You're not making a permanent appointment. Because all you're doing is a supervisory functions to make sure that someone's taking attendance, to make sure someone's submitting the payroll reports. You're not appointing an auditor general. Chair Gort: Right. That person will not take over the operation of the auditor general. That person only be make sure that the City employees will continue to function with their service. Commissioner Sarnoff. Well, I think -- Unidentified Speaker: Mr. Chairman. Commissioner Sarnoff. -- you're interpreting the word Peport. "Andl interpret the word report -- I thought his resolution was I'm recommending that this office report to the City -- to the Manager or his designee until such time as there is an inspector [sic] general selected. The record report to me has a lot more connotation as to taking attendance, seeing if he has gum on his shoes, or making sure that he went home on time. Ms. Chiaro: I absolutely agree. And so the actual action that you're taking is -- Commissioner Sarnoff. Would be a resolution. No? City ofMiami Page 158 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Ms. Chiaro: Well, actually, I was going to suggest you change that word "report" to "supervisory functions" until such time; supervising of personnel, not the -- Chair Gort: The function of the department. Ms. Chiaro: -- actual work of the auditor general, which you don't have someone doing that now. It's just that the -- we can't input things into the computer without somebody having authority to input that. So the Manager would be making sure that the office -- Luis Cabrera (Assistant City Manager): Is able to do the -- Ms. Chiaro: -- is able to -- Mr. Cabrera: -- daily operational -- Ms. Chiaro: Thank you. Mr. Cabrera: -- and administrative functions with Oracle, with other daily operational needs that they have there. Chair Gort: They need instructions. You tell me how you want to word it. But we need to do that. Leave it up to you lawyers. Commissioner Suarez: Yes. Commissioner Sarnoff.. Well, I -- my understanding of your motion, correct me if I'm wrong, was that for the interim period until such time as an inspector [sic] general is selected, that the City Manager take over the responsibility of having those who work in that particular office report to him, which "report" means -- Chair Gort: Not report to him. Let's change the word report. Commissioner Spence -Jones: What's a better word, Madam City Attorney? Ms. Chiaro: Just handle the supervisory functions insofar as the administration of the office. Remember, what you did previously is you designated a person to do that. That person is in the office right now and that person has applied to be the auditor general. And so there is that -- Chair Gort: There's not an auditor general. Ms. Chiaro: There is not -- Commissioner Sarnoff.. So what authority does that person have by resolution of this Commission? Ms. Chiaro: Well, that person has only -- supposedly only the functions to do -- take attendance, to submit reports insofar as the administrative functions. However, the payroll function, for instance, has to have a certain level of authority that we haven't given to that person. And so it just makes it easier to facilitate the administration of that office if the Manager takes over the administration of the office until such time as you make the appointment. Chair Gort: This would not have anything to do with any audit that's taking place at this time. Am I correct? City ofMiami Page 159 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Ms. Chiaro: That's correct. Chair Gort: Okay. What's the word? Commissioner Sarnoff.. So wouldn't the resolution then say that -- Ms. Chiaro: The administra -- Commissioner Sarnoff.. -- the Chair is asking the Manager to take over the administrative functions -- Ms. Chiaro: That's correct. Commissioner Sarno:I -- of the Office of the -- Ms. Chiaro: Auditor general. Commissioner Sarnoff.. -- Inspector [sic] General. Ms. Chiaro: Auditor general. Commissioner Sarnoff.. I'm sorry. Yeah, you wrote inspector general. Auditor general. I'm sorry. -- Auditor General, and that's his motion. Ms. Chiaro: Correct. Commissioner Sarnoff.. So was there a motion pending? Chair Gort: Motion was made by Commissioner Spence -Jones, second by Commissioner Suarez. Commissioner Sarnoff.. There you go. Chair Gort: Any further discussion? Vice Chair Carollo: I just -- Chair Gort: Yes. Vice Chair Carollo: -- want to be clear on what the motion is because I think we've changed from reporting to -- I just want to be clear on what the motion is. If -- Madam City Attorney, if you can repeat -- Ms. Chiaro: It is to have the Manager take over the administration of the Office ofAuditor General until such time the auditor general is appointed. Vice Chair Carollo: And l just want to verify. Is that your motion -- Commissioner Suarez: Sure. Vice Chair Carollo: -- Commissioner Suarez? Commissioner Spence -Jones -- I'm sorry, Commissioner Spence -Jones. I just want to vernj, that's your motion what the attorney stated Madam City Attorney could you repeat the motion again? Ms. Chiaro: It is a recommendation that the City Manager take over the administrative responsibilities of the Office ofAuditor General until such time the auditor general is appointed. City ofMiami Page 160 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Vice Chair Carollo: And l just want to verify, is that your motion -- Commissioner Suarez: Sure. Vice Chair Carollo: -- Commissioner Suarez? Commissioner Spence -Jones, I -- I'm sorry. Commissioner Spence -Jones, I just want to verify that's your motion as to what the City Attorney stated. Madam City Attorney, can you repeat the motion again? Ms. Chiaro: It is a recommendation that the City Manager take over the administrative responsibilities of the Office of Auditor General until such time as the auditor general is appointed. Vice Chair Carollo: Okay. And l just want to verify, that's your motion? Commissioner Spence -Jones: Yes, sir. Vice Chair Carollo: Okay. Commissioner Spence -Jones: Thankyou. Chair Gort: Any further discussion? Vice Chair Carollo: I'm sorry. Mr. Chairman, the only thing is that again, I just want emphasize moving on -- in this process as quickly as possible. Thankyou. Chair Gort: Let the Chairman know when the next meeting's going to take place, okay. Commissioner Sarnoff.. Got it. No problem. Commissioner Spence -Jones: Mr. Chairman, I know -- I'm sorry. I'll wait till you finish your item. I'm sorry. Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. NA.3 DISCUSSION ITEM 11-01051 DISCUSSION REGARDING ENVIRONMENTAL STUDIES PERFORMED ON THE SOIL TRANSFERRED FROM THE PORT TUNNEL TO VIRGINIA KEY BEACH, IN ADDITION TO THE TERMS OF AGREEMENT WITH CONTRACTOR. DISCUSSED Chair Gort: Yes, ma'am. Commissioner Spence -Jones: I do have to go, but -- there's something that would like to at least have -- since we can't really talk, I wanted to make sure that brought it up as an issue and a concern. So I wanted to see if staff can assist me with this. And this is based upon a article that was just written in the Miami Herald regarding the Virginia Key Beach issue, and l just want to get clarity on it. I know that -- to my understanding, I thought that, you know, the contract would be a contract that would at least be brought in front of the Commission, especially since it was something thatl know had a lot of issues and concerns with the environmental portion of it. Andl know especially in your district, Commissioner Sarnoff, where, you know, I know that you City ofMiami Page 161 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 have a lot of people very, very interested in what happens with the environment. You've been a big pusher and fighter for that. I just -- I have some key questions and concerns about some issues. I did speak to a few organizations regarding the transportation of the soil from the port tunnel or the dirt from the port tunnel to Virginia Key Beach, and I do understand the importance of capping off the land field and this is great, that it's going to be great soil and all of that. But I just -- whenever certain questions I can't really get a solid answer on, I become very concerned about it. And at the end of the day, what don't want to see happen is we get all of this stuff over there, right, and then find out we do have a problem, you know, so -- and then there's no resources set aside at all to even address the problem because now we got all the dirt there. I did get a chance to meet with Commissioner Suarez, the other one -- Commissioner Suarez: Senior. Commissioner Spence -Jones: Your pops. Not necessarily about that issue. We were meeting about other issues. And because Virginia Key Beach, a historical museum, we've been trying to get that whole thing moving, just trying to figure out where he was with it, and then that's when this whole discussion came up. So I have a couple of questions, and hope that my Commissioners -- my colleagues understand. So what want to understand from you is the environmental studies that took place, are -- do we have a copy of those studies. Did you guys ever get copies of those studies? Because if you did, I would like to see them, the environmental study of the soil that they say is okay. Alice Bravo (Assistant City Manager/Chief of Infrastructure): And -- Chair Gort: Yes. Ms. Bravo: -- we can provide the letters of conclusion from DERM (Department of Environmental Resources Management) with regard to the soils because all the testing has been done through the Department of Environmental Resource at Miami -Dade County. They're the ones that set the environmental standards for residential soils. Because we ultimately, as part of our master plan, want the land fill site to be a recreational facility, the soil has to meet the residential reuse standards. Commissioner Spence -Jones: Okay. So -- andl got that from staff. Andl think that what covers us all -- because in the end when stuff hits the fan, they're not going to come to you guys. They're going to come to us when there's something wrong. I don't want to operate in words. I would like to have it in writing, especially before we move any dirt. We need to just know what it is. That's number one. Number two, and this is again being briefed on this issue, you know, the port tunnel has gotten a lot of money and will continue to get money. I'm assuming that there's going to be money comingfrom a lease from the CRA (Community Redevelopment Agency) area to the tune of about $50 million. And I'm not going to even begin to tell you how many complaints I get just in general about people from the City ofMiami not working on the port, so I don't even -- at this point, I don't even hear it anymore. The only thing that I can focus my energies on is making sure at least the truckers that are bringing this stuff over are at least from the City ofMiami 'cause we know that we can control where it's going to be done. But my concern would be -- I know that they didn't think about building this port tunnel without understanding or putting a cost associated with where they were going to dump that dirt. So then that brings me to the question of what have we identified from the staff -- from the staffs stand -- point of view how much that line item was for them to have to dispose that dirt somewhere else? And mind you, I understand we need the dirt 'cause we want to cap the landfill. But to my understanding, if they were hauling that dirt somewhere else, they would have to pay for it to the tune of at least -- I believe about at least $15 or more. Now, if -- a ton, okay. I -- so on the low end, it's $10 a ton. So we know it's going to be a lot of tons comingfrom the port tunnel. Is that correct? Ms. Bravo: Well, 400,000 cubic yards. City ofMiami Page 162 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Commissioner Spence -Jones: Okay. So I don't know what that all means. I know just know it means a lot of money. So this is my question, while I do understand that we need the soil, I also know that we are a cash strapped city at this point. And whatever revenues that we have that we can tap in so that we can chip down that 22 million that we think we may have a issue with next year, if they were going to pay it -- 'cause this is my concern. Andl know it's your district, but we got to start thinking about this kind of stuff, guys. You know, if they had to pay to dump this somewhere else and take it somewhere else, it's in their budget already. So my question becomes -- it's in their budget already. Ms. Bravo: Well, the way that they bid on this project was a lump sum bid to a certain extent. There are milestone payments they get from the FDOT (Florida Department of Transportation) and then there's an annual payment that they get for 30 years to operate and maintain the facility. So within that, there's no breakdown of line items. And we have a fully executed agreement with them by which they donate this material to the City. Commissioner Spence -Jones: Right. But -- Ms. Bravo: And they're -- Commissioner Spence -Jones: -- this is what want us to get and what us -- what want us to realize, you know, andl do understand. I honest -- I do understand that we need soil andl do understand we need to address the landfill, but there are so many variables on -- first of all, they're telling us it's great soil, but I'm going to be honest with you. You know how many times people have told us that something's been great and it turned out to be really horrible. That's number one. Then number two, I don't want us to be in a situation where even though it may not be a line item in the budget, but we know they were not going to build the port tunnel and have to dig a port -- a tunnel and not have somewhere to put the dirt, so quite naturally, they had to have a disposal plan and Virginia Key Beach, when they started all of this, was not the option. So I'm just simply saying, I just think that we got to start being more creative about figuring out ways. I don't care if it's $5 a ton we (UNINTELLIGIBLE) 5: 34:11, but we got to figure out a way to at least generate revenue coming into the City. And here -- if they had to pay and go dump this somewhere -- CIP (Capital Improvements Program), you know this. I don't have to -- they would have to pay. So I'm not -- I'm just saying to you guys, why -- and the County has $48 million. I talked to your -- Pop Suarez on this, so it's not like they don't have the money to go ahead and do what they have to do. The issue becomes when are we going to start thinking about those issues? I mean, let's not -- why do we always have to be behind the 8 ball to try to figure out -- okay, here's a possible revenue source, but at the same time, it's great for us because, quite frankly, you know, we need the soil, but they need somewhere to put it. Ms. Bravo: Yeah. And ifI may answer some of your concerns. With regard to the material itself, our executed agreement states that we will only accept the material if we have the full certification from DERM (Department of Environmental Resource Management), that the material meets the clean residential requirements. Second of all, while we were talking to the contractor, the concern with the landfill project was always that the cost of the project would exceed the 45 million that the County has in bond dollars and that the City would be responsible for any cost beyond that, so by securing this material where we're reducing the overall cost of the project and improving the probability that we have to not contribute to the cost of the landfill project. And the third issue is that when we were talking to the tunnel contractor, they were actually considering loading material on the barge and taking it out to sea to certain points where there're depressions that were once excavated for some other purpose and that needed to be filled to establish the sea bottom. And from my understanding -from their discussions that that probably would have been less costly to them, but because of the City's need for the soil and the partnership with the City -- City ofMiami Page 163 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Commissioner Spence -Jones: Right, but -- Ms. Bravo: -- they've volunteered to donate this to us. Commissioner Spence -Jones: Right, andl -- Ms. Bravo: And that's the terms of the agreement that we executed. Commissioner Spence -Jones: Right. And what I'm saying to you, everything you're saying to me are words. Personally, you know, I know that number's going to be at least 2 or $ 3 million even on the low level. I know that for a fact. So we may not need the 2 or $3 million. And if we don't, that's fine. But I'm just simply saying, you know, we know that the soil needs to go somewhere, andl know we need it. I'm not saying we don't. But we're getting something that we really -- at least know I haven't been briefed on, and I'm just -- I would like to request and see ifI have the support from the Commissioners, if we could have just a sunshine workshop meeting on, just in general, this soil or this dirt being shifted to us. DERM presenting -- if nobody wants to participate, that's fine. I would like to know it. And then I would like to understand that even though they may not have it in a line item in their budget, they had to account for it somehow. They didn't think they were going to build it and not know where they were going to put the dirt, correct? And know Virginia Key Beach was not a plan -- actually, we're doing them a great favor and they're doing one for us too, but I think that we can do them a great favor and they can do us a great favor and we can still get our bottom line at the same time. So I'm just saying to you guys is there any way that we could have, you know, at least -- it could be an hour workshop where DERM comes over; we, you know, sit right here in the chamber, do a presentation on it, and look at -- and I'd like to know also, you know, like what was the plan if it wasn't going to go there. How were you going to handle it? How were you going to take care of the cost of it? And I know that the district Commissioner in the County doesn't have a issue with it. He's like, Michelle, I need to spend the money. So the money ain't the issue, so -- you know, they had the money to actually do the landfill. That wasn't the issue. And I'm just simply saying, here's an opportunity for us to, one, make sure we're not getting dirt in the end and someone tells us it is clean dirt. I'm going to use it as that. And then you have Sarnoffs constituents, after he finds out it gets over there, it's a mess. It's not what we said -- what was communicated that it was, then he's fighting the environmentalists on trying to figure out, okay, how do we get it off there. I'm just simply saying, I would rather have a workshop. Before we even move any further on this issue, we need information. Ms. Bravo: Right. Commissioner Spence -Jones: So I'm going to ask Mr. City Manager and -- Ms. Assistant City Manager -- andl don't know how my colleagues feel about this issue, but -- I mean, Commissioner Sarnoff, it's in your district. Commissioner Sarnoff. Yeah. Can I just say a few things? Commissioner Spence -Jones: Sure. Commissioner Sarnoff. A lot of times the environmentalists get mixed up with what is called dredged and what is called the tunnel boring fill. The tunnel boring fill, I got news for you. If that tunnel boring fill were contaminated, which is 150 feet below the seabed in the City of Miami, we probably all need to go home right now and just call it a day. The dredge is much different. The dredge material -- now the dredge is what we commonly refer to as the deep dredge, and that's the second part of tunnel project -- I'm sorry, the second part of the port project that allows it to go to 53 feet and allow it to become part of the Panama connection. And that particular dredge, if you will, likely and probably will be contaminated 'cause if you think about it, think of all the discharge of all the shipping lines, of all the ballast tanks, of all the oil, City ofMiami Page 164 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 and that is probably not valuable material. However, the tunnel boring fill has always had to meet residential requirements. Think about what that means. That means your child has to be able to play directly in that particular material and of course be safe in which to do so. Just directly south of the Bill Sadowski preserve is what has been a huge brownfield for the City that came about from the County as a result of having had an operation out there that was a -- really was a burn field where they would burn the garbage and they would let it fall into the -- about 40 acres that are out there. The City ofMiami was about to sue the County. I'm just giving everybody a little history lesson. And the County came up with $45 million, which was its projection of what it would cost to remediate the proximate 40 acres, and that was part of the Virginia Key Master plan, if you remember, with then Mayor Manny Diaz, and they were going to put ball fields on top of it. The problem was that every time we would bid that, it was bid at about $52 million; was the lowest bid thatl remember. There was one at 54 million andl think one at 58 million. So the County would look at the City and they would say, hmm, how are you going to pay for the extra? And the City would go, well, we're not going to pay for the extra. And this became a point of contention between the City and the County. It actually goes back to Joe Arriola's days. It goes back as far as that many years, andl think you were here for that; I wasn't. So what happened during the tunnel boring stage, they were going to sell part of the fill -- part of the boring material or they were going to what they call deep jettison fill and scarred areas of the City of Miami's out -of -line bay area. Instead of doing that, the County asked them if they could use that particular material to fill whatl call the brownfield, which is -- it's called the Cap and Seal project. And that became the material that as a result of the County being the large payer, if you will, of the dredge material because they're doing the -- they are, what, a third or forty percent of the contract price for the tunnel? Ms. Bravo: A half. Commissioner Sarnoff. Half. Okay, so they're 50 percent -- Ms. Bravo: Without a contribution. Commissioner Sarnoff. -- of the tunnel contributor. They got them, through Carlos Migoya, who was then the City Manager, to agree to put the boring material just in the brownfield which is just south of the Sadowski preserve. So there was a plan. I think it's being implemented again with Commissioner Suarez. Obviously the County doesn't want to spend more than $45 million. It wants to spend its $45 million. I understand that this Assistant City Manager has been in communication, and it appears that with the material we will come in either at or below the 45 million and have operational -- what is the -- how do you operate a brownfield after it's been filled, capped, et cetera? Well, you have to have water running for a number of years so that it continues to do this by -- I hate this stuff -- hydrolization [sic] of the material and it continues to run. That hasn't -- that has a cost associated with it. The City again doesn't want to bear the cost of having to operate a 4, $500, 000 machine or operation to do a hydrolyzing [sic] plant. I know I'm not using the right word, but the water's got to come out. So the County now has figured out a way for them to operationally do it for approximately seven years. The City of course wants us to go further out than that. So I guess what I'm to you is, number one, DERM, who you have to admit is the most rugged organization I've ever seen around here in terms of being very careful with suspect material, is going to certin, each particular dredge so each particular -- what's the right word for -- Ms. Bravo: They've sampled at the depths. Commissioner Sarnoff. -- cubic square foot -- right. Ms. Bravo: Right. Commissioner Sarnoff. They take forensic random samplings to make sure just because you're at City ofMiami Page 165 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 this level, at this level, at this level, you continue to move along. So they make sure that it's residential grade, so I don't think we have a concern for that. And I got to tell you, jurisdictionally, it's completely out of our realm. Two, the fact that we're getting this material guaran -- it doesn't guarantee, but almost assures us that we will be within the $45 million budget of the County and we can finally put the ball fields out at Virginia Key. Three, they're actually trucking it in, which is probably more expensive than dredging it out to what they were doing, so they're really -- I don't want to say overly cooperating, but they're very much cooperating with the County. And by bringing it in by truck, they can actually put it more precisely where it's needed so that, as you might imagine, it's not going to be a two-day process. It's going to be almost a one-year process, and they can continue to distribute it so as not to operationally harm anybody out at Virginia Key, which would include Virginia Key Beach; would also include the brand-new mountain biking course. So as much as it may appear or people may write -- and it's political season, so you have to understand politics are at play so of course the City has to look like it doesn't know what it's doing. I got to tell you, between Commissioner Suarez, Xavier Suarez, coupled with Alice Bravo -- and they've both kept me very well involved. I actually think they have a great plan under works with DERM, who we have to admit is an extremely aggressive agency, andl think they have really coordinated to get -- to achieve what we want, which is ball fields that you would let your child play on. Commissioner Spence -Jones: Right. And let me just be very clear. This is not about whether or not Alice or anybody has created a wonderful plan. I mean, we all want our kids to play on ball fields. And hopefully, the soil and everything else that they say is correct, you know, is what it is. I'm simply saying thatl think it's extremely -- two things. One, this is -- let me ask this first question. We keep talking about DERM. Has the Department of Environmental Protection in the state of Florida also permitted it? Ms. Bravo: Their movement of the soil to where they're placing it is permitted through the state. And the agreement we executed -- Commissioner Spence -Jones: So -- Ms. Bravo: -- with them stipulates that all the permit requirements is their responsibility. Commissioner Spence -Jones: -- the Depart -- Ms. Bravo: And so they're fulfilling those requirements under our agreement. Commissioner Spence -Jones: So the Department of Environmental Protection is already involved, because I was told that it wasn't? Albert Sosa: That's correct. We have applied -- whoa. When I say we, we the company that's bringing the fill, it's their responsibility. I'm sorry. Albert Sosa, director of Capital Improvements. They have applied with DEP (Department of Environmental Preservation). DEP has issued a permit for the first 50 or so thousand cubic yards. The balance of it is under review. We expect a positive disposition on that as well. Commissioner Spence -Jones: All right. So this -- Alice, if you can, please provide for me. I would like to also note my first question, which was centered around if they would have had to move this dirt, soil, or whatever you call it, what would have been the cost associated with it? You don't have to tell me today 'cause I got to literally get -- I'm literally running through the airport. But would like to know that. Andl would also like to have a community workshop on this issue. If everybody's well versed and they're comfortable with what's happening, great. But I would like to be able to offer that as an opportunity not only for my community but just for anybody else, 'cause we are getting concerns -- maybe Commissioner Sarnoff is not, but I'm getting calls in my office about it. So -- City ofMiami Page 166 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Ms. Bravo: Yeah. Andl understand -- Commissioner Spence -Jones: -- I would like to be able to -- before we like -- I understand -- and even talking to Commissioner Suarez this week, you know, there were some concerns as well. So if you can, I would -- really would appreciate us, you know, having some sort of one -hour workshop, hour and a half workshop to go through it. And then I would want to understand the cost analysis, 'cause I know they're not moving -- they couldn't have not been moving this dirt and not having to pay for it. Ms. Bravo: Right. And -- Commissioner Spence -Jones: And we all know that we need the resources, so here's one way that we could -- Ms. Bravo: Right. Commissioner Spence -Jones: -- do two things at once and yet, at the same time, still have monies coming into our coffers to help us with, you know, our bottom line. Ms. Bravo: And we can recap all the information we presented) think back in July when the agreement was executed or approved by the Commission 'cause there was discussion about all these issues. So we can have that workshop at your convenience -- Commissioner Spence -Jones: ASAP (As Soon As Possible). Ms. Bravo: -- with the community. Commissioner Spence -Jones: ASAP. Ms. Bravo: Correct. Okay. Commissioner Spence -Jones: Thank you, guys. Chair Gort: Thank you. Commissioner Sarnoff. Thank you. Chair Gort: Thank you all. NA.4 RESOLUTION 11-01038 District2- A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING, PURSUANT Commissioner Marc TO SECTION 62-521(B) (4) OF THE CODE OF THE CITY OF MIAMI, DavidSarnoff FLORIDA, AS AMENDED, THE TEMPORARY EVENT TWO (2) EVENT LIMITATION PER PROPERTY TO ALLOW THE BOYS AND GIRLS CLUB OF MIAMI-DADE, INC. TO SELL FIREWORKS AT THE PROPERTY LOCATED AT 2805 SOUTHWEST 32ND AVENUE, MIAMI, FLORIDA, BEGINNING DECEMBER 27, 2011 AND ENDING DECEMBER 31, 2011. 11-01038-Legislation. pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 167 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-11-0453 Chair Gort: Commissioner Suarez. Commissioner Suarez: Last one. Chair Gort: I'm sorry. Wait a minute. Commissioner Suarez: Last but certainly not least. Chair Gort: Wait a minute. I'm sorry. Commissioner Sarnoff. I had a couple more. Sorry. Chair Gort: I'm sorry. Go ahead. Commissioner Suarez: Oh, you did? My bad. Commissioner Sarnoff. Yeah, and they're pretty -- it's easy stuff I promise. I need a waiver to allow the Boys Club and the Girls Club ofMiami-Dade to host its third special event of the year. Commissioner Suarez: Move it. Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Gort: Second. Commissioner Sarnoff. Thank you. All in -- Chair Gort: All in favor, state it by saying aye." The Commission (Collectively): Aye. NA.5 DISCUSSION ITEM 11-01053 DISCUSSION BY COMMISSIONER SARNOFF ON STATUS OF PAYROLL DEDUCTIONS FOR TAKE HOME VEHICLES. DISCUSSED Commissioner Sarnoff. Okay. Last thing -- two other things I wanted to discuss. Take-home cars, are we on schedule? Luis Cabrera (Acting Chief of Operations/Assistant City Manager): Yes, we are. Commissioner Sarnoff. So there's no problems, no issues. People are being charged. We're not going to find out somebody didn't get caught or somebody didn't pay or we're all tightened up, buttoned up. We're all okay, right? Mr. Cabrera: We have been working with the -- with Finance to make sure they've implemented the charging of the vehicles. We're still working with the Police Department, the Chief to City ofMiami Page 168 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 implement the forms and the charging of the vehicles to the Police Department. Once we get that in place, we'll be charging them for those vehicles retroactively. Commissioner Sarnoff.. We're not behind, though. We're right on schedule? Mr. Cabrera: We're on schedule as far as we have a plan, and we're working with Finance on moving forward with charging those individuals in Police. That's what we're doing. Commissioner Sarnoff.. I just -- I -- Chair Gort: I know what you're coming from. Vice Chair Carollo: I'll let you -- Commissioner Sarnoff.. No. Chair Gort: Go ahead. Commissioner Sarnoff.. You finish it. It's kind of a budgetary thing. Vice Chair Carollo: No. I mean, the only thing is we're way past October 1. Chair Gort: Where's the cash? Vice Chair Carollo: Either it's been implemented or it has not. Commissioner Sarnoff.. Right. Mr. Cabrera: Commissioner -- Vice Chair Carollo: I mean -- Mr. Cabrera: -- to answer your question -- Chair Gort: Are we going to collect retroactive? Mr. Cabrera: -- it has been implemented. We are working with the Finance Department to go ahead and process the police vehicles, which when we negotiated the contract, we had -- we made provisions when officers were off and taking time off so that has been -- we have to subtract that from the mileage usage. We're working with Finance and they have -- are implementing the process now with the Police Department. Vice Chair Carollo: Okay, then let me back step then and define what implementing to me is. Implementing to me means that in their paycheck, it is being deducted, and therefore, the City is obtaining those revenues or, at the very least, deducting that amount so we could have those monies in our coffers. That's what mean by implementation. Pete Chircut: Pete Chircut, interim Finance director. The program that we have implemented as of today is all of the AFSCME (American Federation of State, County, and Municipal Employees) employees for the 24/7 cars, today the deduction was done for that group. For the Police, unclassified executive and Fire will be the first pay period. We're anticipating a first pay period of November. I mean, the last pay period of November, effective October. We're going to do a retro back to October. For the Police, we have to get the validation of the employee program, validation of their address and/or their mileage. They have a mileage that their cost would be based on mileage, whereas every other union is based on aflat rate, so that's a little City ofMiami Page 169 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 more complicated. We're in the process of testing. We have set up some elements to do all the testing so by the time the second pay period of next month, we should be able to implement it. Chair Gort: One of the reason we asking this questions, last year we made a lot of decision, but implementation took about six month so that's why we have a lot of the problem with the last year's budget. We learned from last year so that's -- with this year, we're saying whatever we do, we have this in the budget, so this is going to balance the budget. So we have to make sure whatever we do, it goes retroactive and we start collecting from October 1. Mr. Chircut: I understand that -- Chair Gort: Okay. Mr. Chircut: -- Mr. Chairman. Chair Gort: Thank you. Yes, sir. Vice Chair Carollo: Not only that. This is something that everyone agreed to. Chair Gort: Right. Vice Chair Carollo: So you know -- Commissioner Sarnoff. Can you come back next Commission meeting and let us know where we are on implementation as described by the Vice Chair? Mr. Chircut: I will. Commissioner Sarnoff. Okay. Last -- Chair Gort: Thank you. NA.6 DISCUSSION ITEM 11-01055 DISCUSSION REGARDING THE IMPLEMENTATION OF A PILOT PROGRAM INVOLVING IN -CAR CAMERAS FOR POLICE VEHICLES USED BY THE CITY OF MIAMI POLICE DEPARTMENT. DISCUSSED Commissioner Sarnoff. Last thing, Mr. Chair, I'm going to bring this to the Chief. Just a discussion. Would you consider, Chief with your Law Enforcement Trust Funds, the acquisition of either cameras for the car on a pilot basis or cameras in a police officer's lapel to demonstrate, you know, exactly what is taking place? And the reason I bring this up is I went in front of the CIP (Civilian Investigative Panel) board -- as you know, it's done on some police forces, and you may want to do it on a pilot project. You might want to consider it on some of your troubled areas. It's a good recordation device of what transpired directly in front of a person. Candidly, it does not demonstrate what went off to the left, to the right, and just before it got turned on. But I know you have approximately $3, 865, 000 in your law enforcement trust. Cameras vary from 170 to 250 a purchase. I'm not looking for you to knock it dead, but I'd like to see us start implementing a program. Manuel Orosa (Interim Police Chiej): When I met with the directors of CIP a few weeks ago, that was one of the things that we discussed, andl basically told them I was open to it. My only issue with that is that -- if we're going to implement it, I would like to implement all cars at the same time because the issue's going to arise -- City ofMiami Page 170 Printed on 12/12/2011 City Commission Meeting Minutes October 27, 2011 Chair Gort: Why me. Interim Chief Orosa: -- when something does happen, oh, that one didn't have a camera; this one did have a camera, and it's going to look bad towards us trying to do that, number one. Number two is we're going to have to get a mechanism or an individual for all those public records request of the cameras. That's something that, you know, nobody has foreseen, especially the way our City is with public records. Anybody will request public record for about anything. The other issues is that a little -- I don't want to say study, but a little inquiry as to the cost of fitting our 400 cars would be about $4 million, and I'm committed to leaving one of those million dollars towards just in case we need it for overtime since our overtime budget is slim. But I already asked my -- basically staff to look into the possibility of grants as a way of trying to get some money for dashboard cameras. I'm open to it. I'm not opposed to it. And you know, if something happens in front of the police car, let the chips fall where they may and at least everybody knows exactly what the chips are. So I'm open, Commissioner. Commissioner Sarnoff. I'd like you to come back in about -- by the last meeting of this year and just tell us if you've found any strategies and sort of why you think you need to have every police car fitted. I don't understand why you couldn't start out with 20 percent, go up to 40 the next year, 60 the year after. Interim Chief Orosa: Well, we could. It just -- the issue with that is if there is an incident and it's not captured with camera, then basically why does these cars have cameras and not these cars. It may show that we're trying to hide something, when in reality is we didn't have the cameras in all cars. But if that's the wish of the Commission to look for funds for -- to start, we can do that. Commissioner Sarnoff. And I'm not saying it's the wish. I'm just bringing it up as a discussion item. Interim Chief Orosa: No, no. I understand, I understand. Chair Gort: I think it's a good idea, but to -- I know what you're worrying about. What you can do is make sure that you have (UNINTELLIGIBLE) 6:11: 28 camera equally throughout the City. Interim Chief Orosa: Correct. Chair Gort: I mean, if you're going to implement 30 percent, make sure you have equal distribute to the whole City. Interim Chief Orosa: Okay. Chair Gort: That way you will not get any complaint. Interim Chief Orosa: Okay. Chair Gort: Okay. Interim Chief Orosa: We'll look for funding for that. Chair Gort: Thank you. City ofMiami Page 171 Printed on 12/12/2011