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HomeMy WebLinkAboutCC 2011-12-15 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, December 15, 2011 9:00 AM REGULAR 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 December 15, 2011 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM -APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES EXECUTIVE SESSION DI - DISCUSSION ITEMS MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City ofMiami Page 2 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 9:00 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 11-01167 PRESENTATION Honoree Community Partners Presenter Protocol Item Mayor Regalado Certificates of Appreciation Elio Cubas-Winn Dixie Pedro Fernandez - Miami Outboard Club Ryan & Krystal Fernandez Curley's House Seminole Lodge #291 New Providence Lodge #365 Dr. Pierre Rutledge Edgerrin James Clinton Portis Community Partners Chairman Gort Certificates of High Top Products Appreciation J E M Inspections & Engineering Services, Inc. Engineering M-D League of Cities Miami Marlins Presidente Supermarket Sunshine for All Charles McEwan Chairman Gort Certificate of Commendation Jonathan Henry Jay Chairman Gort Salute City of Miami Parks Comm. Suarez Commendation 11-01167 Protocol Item.pdf 1) Commissioner Suarez presented a Proclamation to Jonathan Henry Jay, centerfielder of the World Championship St. Louis Cardinals, for his exemplary accomplishments and contributions as a native son, and hard work both on and off the field as a sponsor of inner city sports teams and fundraiser for the homeless; further recognizing him as an outstanding ambassador of the City of Miami and proclaiming it Jonathan Henry Jay Day. 2) Chair Gort presented a Certificate of Commendation to Charles McEwan recognizing his service as a member of the Code Enforcement Board, and his dedicated and dependable work performance in support of elevating the quality of life in our neighborhoods. 3) Chair Gort presented Special Certificates of Appreciation to various community partners honoring their commitment to civic responsibility and communal welfare through generous donations and support for neighborhood projects in the City ofMiami. 4) Mayor Regalado presented Special Certificates of Appreciation to various community partners honoring their commitment to civic responsibility and communal welfare through City ofMiami Page 3 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 generous donations during the Thanksgiving Season in the City ofMiami. 5) Vice Chair Carollo presented Certificates of Commendation to members of the City ofMiami Police, Tactical Operations Section (TOS) for their courage and outstanding tactical work in recent vehicle burglaries that affected Little Havana, and commended them for their determination and resolve in apprehending the individuals allegedly responsible for these thefts. 6) Commissioner Suarez paid tribute to the employees of the City of Miami Parks Department for obtaining National Accreditation from the Commission for Accreditation of Park and Recreation Agencies (CAPRA) thus guaranteeing a quality improvement process that demonstrates the department's commitment to employees, volunteers, patrons, and community. Chair Gort: At this time, we're going to have several proclamations that we're going to give out. Presentations made. INVOCATION AND PLEDGE OF ALLEGIANCE MAYORAL VETOES Present: Chairman Gort, Commissioner Sarnoff, Vice Chairman Carollo and Commissioner Suarez Absent: Commissioner Spence -Jones On the 15th day ofDecember 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 Regular Commission Meeting was called to order by Chair Gort at 9: 29 a.m., recessed at 11: 34 a.m., reconvened at 3: 06 p.m., recessed at 3: 07 p.m., reconvened at 3: 58 p.m., and adjourned at 7: 39 p.m. Note for the Record: Vice Chair Carollo entered the Commission chambers at 9: 34 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Priscilla A. Thompson, City Clerk Chair Gort: (INAUDIBLE) to the City ofMiami Commission meeting ofDecember 15. And with me at the dais is Commissioner Sarnoff, Commissioner Suarez and myself Chairman Willy Gort. Also, we have City Attorney, Julie Bru, City Manager, Johnny Martinez, and Priscilla Thompson. At this time, can we all stand for -- with an opening prayer from Priscilla Thompson. Priscilla A. Thompson (City Clerk): Good morning to all of you. You know that we're in our Christmas season. We're in our holiday seasons. No matter who you are, where you came from, whatever entity that you lift up, please remember that as we go through this season, we practice peace, joy, love and faith. We are all one. None of us can do anything without the other. So now I'll pray. Invocation delivered. Chair Gort: Pledge of allegiance by Commissioner Sarnoff. Pledge of allegiance delivered. NO MAYORAL VETOES City ofMiami Page 4 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Chair Gort: At this time, any of the Commissioner like to defer or -- Priscilla A. Thompson (City Clerk): Excuse me, Chair. Chair Gort: Yes. Ms. Thompson: Is it possible that we can take up the mayoral veto and the minutes? Chair Gort: First of all, is there any veto by the Mayor's office? Ms. Thompson: No, there are not. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Chair Gort: Okay. Do we have any minutes? Priscilla A. Thompson (City Clerk): Yes, we do. Chair Gort: Okay. Ms. Thompson: For approval at today's meeting, we have the minutes for the Planning and Zoning meeting of October 27, the regular meeting of November 17, and the Planning and Zoning meeting of November 17. Commissioner Sarnoff.. So move. Commissioner Suarez: Second. Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner Suarez. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Thompson: Thank you. Chair Gort: Thank you. END OF APPROVING MINUTES City ofMiami Page 5 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 ORDER OF THE DAY Chair Gort: We will now begin the meeting. And Madam Attorney, can you state the procedures, please. Julie O. Bru (City Attorney): Good morning, Mr. Chair, members of the Commission, Madam City Clerk, Mr. Manager, members of the public. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the code section about lobbyists is available in the City Clerk's office. The material for each item appearing on this agenda is available during business hours at the City Clerk's office and online at ww.miamigov.com [sic]. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. Please no cell phone or other noise -making devices allowed in the chambers. Anybody who becomes unruly in the Commission chambers may be barred from further attending meetings. Any person who has a disability or requires any auxiliary aids from the City in connection with this meeting and appearance here, please contact the City Clerk. The lunch recess will begin at the conclusion of the item being considered at noon unless the Chair indicates otherwise. There are two meetings being conducted here today, the regular meeting and also a Planning and Zoning meeting. Those matters will be considered in the afternoon. And we also have an executive session today which will commence after the lunch recess. Mr. Chair. Chair Gort: Thank you. [Later...] Ms. Bru: Mr. Chair, I also -- Chair Gort: Yes. Ms. Bru: -- forgot to mention that we have advertised a CRA (Community Redevelopment Agency) meeting to be held at noon or any time thereafter. Chair Gort: Okay. Any defers [sic], any items that like to be pull? Anyone? Johnny Martinez (City Manager): Mr. Chair. Chair Gort: Administration. Mr. Martinez: PH.2, withdraw; SR.1, defer to January 26; SR. 6, continue to January 12; FR.2, continue to January 12; RE.5, continue to January 12; RE.20, withdraw; andM.3, continue to January 12. Chair Gort: One more time slowly. Mr. Martinez: PH.2, withdraw; SR.1, defer to January 26; SR. 6, continue to January 12; FR.2, continue to January 12; RE.5, continue to January 12; RE.20, withdraw; andM.3, continue to January 12. Chair Gort: Okay. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes, sir. City ofMiami Page 6 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Commissioner Sarnoff.. I want to take off the agenda and continue indefinitely the issue -- andl don't have the number. Somebody might know with -- regarding Brickell. Anybody know that number? There's an issue -- Commissioner Suarez: PZ.8. Commissioner Sarnoff.. Is it PZ.8? Okay, sorry. I'll wait for PZ.8. I apologize. Probably right. You're probably right. Chair Gort: Vice Chairman. Vice Chair Carollo: I usually would know, but I'm not sure. Could the Administration repeat all the deferrals, continuances? Andl apologize, Mr. Manager, I just -- you know, I guess it's going to be a long meeting so -- and by the way, there's various events in District 3 today that I'm going to be, you know, stepping out and coming back in and so forth so just as a heads up. Commissioner Suarez: Andl have the same issue, so we're going to have to work through that as well. Vice Chair Carollo: Mr. Manager, if you would. Commissioner Suarez: We might lose quorum. Mr. Martinez: No problem. Mr. Martinez: PH.2 -- Vice Chair Carollo: PH.2. Mr. Martinez: -- withdraw; SR.1 -- Chair Gort: F. Mr. Martinez: -- defer. Chair Gort: You said FR.1, right? Mr. Martinez: SR.1. Chair Gort: SR.1. Mr. Martinez: SR.1, defer to January 26; SR. 6, continue to January 12. Vice Chair Carollo: SR. 6? Mr. Martinez: SR, S as in Sam. Vice Chair Carollo: Second reading -- Mr. Martinez: Second reading. Chair Gort: Second reading. Vice Chair Carollo: -- 6. City ofMiami Page 7 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Mr. Martinez: Continue to January 12. Vice Chair Carollo: Okay. Mr. Martinez: FR.2, continue to January 12; RE.5, continue to January 12; RE. 20, withdraw; andM.3, continue to January 12. Chair Gort: Okay. Anyone else? I'd like CA.1 -- I'd like to ask question on that. Andl would like to defer until February or before, if it can be brought, RE.9 and RE.10. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff. I'd like to table CA.7 and CA.8. Chair Gort: CA.1, CA.7, and CA.8. Anyone else? Vice Chair Carollo: When you say table, you want to pull it and then --? Chair Gort: Then discuss it. Commissioner Sarnoff. Yeah, 'cause I'd like to get briefed. Chair Gort: Right. Commissioner Sarnoff. I didn't like the briefing had. No, no, no. Chair Gort: No, no. He wants to -- Commissioner Sarnoff. I think could address it today if the Administration would address it with me. Vice Chair Carollo: He wants to pull them. Chair Gort: Okay. Vice Chair Carollo: And I'm sorry, RE.9 andRE.10 -- Chair Gort: Yes. Vice Chair Carollo: -- is -- What's your wish, Mr. Chairman? Chair Gort: Continue, deferral. Priscilla A. Thompson (City Clerk): And -- Chair Gort: They're working it out. Ms. Thompson: -- Chair, I did hear you say that to the February meeting. We have one on the 9th and the 23rd Do you know which one you would like that --? Chair Gort: The 9th would be fine. Ms. Thompson: Thank you. City ofMiami Page 8 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Vice Chair Carollo: And Chairman Gort, I think there's another item that deals with RE. 9 and RE.10. Chair Gort: I understand. Vice Chair Carollo: If the Administration could -- Vice Chair Carollo: That item, my understanding is, it's got to be extended because the contracts finished today in December in order to be able to work out. Vice Chair Carollo: That's PH.1. I haven't heard that PH.1 's going to be extended or anything. Are we're going --? Chair Gort: PH.1 can't. Vice Chair Carollo: Okay. Chair Gort: We got to hear it today. Commissioner Suarez: Can I -- Chair Gort: Yes, sir. Commissioner Suarez: -- maybe explain a little bit? It seems that what you're saying is you want to defer the procurement but -- Chair Gort: Right. Commissioner Suarez: -- leave on the extension for -- Chair Gort: You have to because the -- Commissioner Suarez: Right. Chair Gort: -- contract is -- Commissioner Suarez: Right. Chair Gort: -- due in December. Commissioner Suarez: No, and l just wanted to clam that 'cause I'm not sure if the Vice Chairman was understanding it that way. Chair Gort: The only reason it's extend so -- Commissioner Suarez: I don't have a problem with it. Chair Gort: -- the only reason it's extended to be able to work it out. Commissioner Suarez: Right. I don't have a problem with it. Chair Gort: Any other item? Madam Clerk. Ms. Thompson: We need a motion. City ofMiami Page 9 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Commissioner Suarez: So moved. Chair Gort: Need a motion. Commissioner Sarnoff.. Second. Chair Gort: It's been moved and second. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Thompson: Thank you. Chair Gort: Thank you. City ofMiami Page 10 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 CA.1 11-01071 Department of Purchasing CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED OCTOBER 18, 2011, PURSUANT TO INVITATION FOR BID NO. 274345, FROM HD SUPPLY WATERWORKS, LTD., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROVISION OF CAST IRON MANHOLE COVERS, TOPS AND TREE GRATES, ON A CITYWIDE, AS NEEDED -CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE ADDITION OF SUPPLIERS TO THE CONTRACT AS DEEMED IN THE BEST INTEREST OF THE CITY OF MIAMI. 11-01071 Summary Form.pdf 11-01071 Award Recommendation.pdf 11-01071 Tabulation Bids.pdf 11-01071 Detail by Entity Name.pdf 11-01071 Invitation For Bid.pdf 11-01071 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones R-11-0492 Chair Gort: Yes, sir. Sony. Kenneth Robertson (Director, Purchasing): CA.1 is a resolution accepting the bid received October 18 pursuant to invitation for bid 274345 from HD Supply Waterworks, for the provision of cast iron manhole covers, tops and tree grates on a citywide as needed contractual basis. Chair Gort: Thank you. My question is street [sic] grate. The other day I'm doing a tour of Overtown. They had a formula for tree grade, as I can see it here, it was quoted at one thousand three hundred and some dollars. Now, my understanding, in Overtown what they did instead of the (UNINTELLIGIBLE) 10: 01: 42 -- the regular iron that is used, they used some kind of rocks where water can go through it also. Andl think it's a lot more reasonable. Nzeribe Ihekwaba: Good morning. Zerry Ihekwaba, Public Works director. Mr. Commissioner, that's not a standard improvement in the public right-of-way. That is accommodated in the private side. Chair Gort: No. This was on the sidewalk. Mr. Ihekwaba: HI were to investigate that location, we'll take appropriate action. Chair Gort: I think maybe Capital Improvement can bring some light into this. City ofMiami Page 11 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Albert Sosa: Yes. Albert Sosa, director of Capital Improvements. The installation that was done at that location due to the tree grates being stolen, for lack of a better term -- Chair Gort: They're stolen. The price is going up and that's why. Mr. Sosa: Right. So what we did in that location where we had recurrent thefts -- the CRA (Community Redevelopment Agency) did, I should say -- is they installed a product called AddaPave. We used that throughout downtown as well. It's like an -- it's a mixture of like an epoxy material with the aggregate and it locks it in place but allows the tree to grow and water to percolate. Chair Gort: But my question is, is that -- the cost of that lower than the --? Mr. Sosa: It is not. Actually, AddaPave is slightly more expensive than the grates. Chair Gort: Okay. Mr. Sosa: But it does -- it doesn't get stolen so -- Chair Gort: Okay. Thank you. What are we doing to make sure that they don't steal those things? Mr. Ihekwaba: IfI may add, what Mr. Sosa just described is not a tree grate. That's something else. Chair Gort: Okay. Mr. Ihekwaba: To answer your question, Mr. Commissioner, we've changed the standard details, the engineering specification for tree grates, drain covers, and manhole covers. For new construction, what Public Works has now put in place is that it should be a wholesome construction. What it means is that the system comes as one unit. It's not removable so that would deter thefts. For existing construction, which is what we have in place already, what we have done is at any location where there is a theft, Public Works will go back and in terms of replacement, we will weld it down so that it will be impossible or difficult for the individual to remove it. Chair Gort: Thank you, sir. Mr. Ihekwaba: Okay. Commissioner Sarnoff. Mr. Chair. Chair Gort: My question's answered. Yes. Commissioner Sarnoff. I -- sorry. I was made to understand that the new manhole covers had locks. Mr. Ihekwaba: Actually, they are hinged construction. Commissioner Sarnoff. Okay. Mr. Ihekwaba: So it's not removable. You can open it. You're not going to be able to lift it and take it away, for drain covers. For manhole covers, what we have is a kind of a tongue and groove construction that locks it in place so you would need to have a special type of equipment City ofMiami Page 12 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 CA.2 11-01072 to be able to remove it. Commissioner Sarnoff. Okay, the way I was briefed was that on an interim basis that you were welding manhole covers down. And -- just telling you what was briefed and l just -- I don't think saw you, Zerry, soI want to understand my briefing. I was told that the manhole covers that are existing in the City that have not been changed to this design are being welded down, which of course then means you're going to have to break the weld when you have to get into that manhole. Is that correct? Mr. Ihekwaba: That's what we're doing right now -- Commissioner Sarnoff. Okay. Mr. Ihekwaba: -- for existing ones. Commissioner Sarnoff. And then the new ones, which is I think what we're voting on here, is -- are ones that have a locking mechanism. I'm not saying they have a lock. They can be locked. They don't need to be welded. Is that correct? Mr. Ihekwaba: Yeah, that's correct. Commissioner Sarnoff. Want to make sure my briefing was right. All right. Chair Gort: Okay. Do I have a motion, CA.1 ? Commissioner Sarnoff. So move. Vice Chair Carollo: Second. Chair Gort: Been moved and second. Moved by Commissioner Sarnoff, second by Vice Chairman Carollo. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION Department of NET A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), ACCEPTING A GRANT FROM THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), IN AN AMOUNT NOT TO EXCEED EIGHTY THOUSAND AND NO/100 DOLLARS ($80,000), TO UNDERWRITE COSTS ASSOCIATED WITH LANDSCAPING IMPROVEMENTS WITHIN THE SEOPW CRAAREA BETWEEN THE NORTHBOUND AND SOUTHBOUND LANE OF 1-95 FROM NORTHWEST 11TH TERRACE, MIAMI, FLORIDA, TO 1-395, COMMONLY REFERRED TO AS THE V-AREA, AND THE SOUTHBOUND EXIT FROM 1-95 AT NORTHWEST 8TH STREET, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL DOCUMENTS NECESSARY FOR SAID PURPOSE. 11-01072 Summary Form.pdf 11-01072 Letter - Net Administration.pdf 11-01072 Legislation.pdf 11-01072 Exhibit 1.pdf City ofMiami Page 13 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-11-0493 CA.3 RESOLUTION 11-01074 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "SCHOOL RESOURCE OFFICER PROJECT, AND APPROPRIATING FUNDS IN THE AMOUNT OF $20,941, CONSISTING OF A GRANT FROM THE MIAMI-DADE OFFICE OF GRANTS COORDINATION, FOR THE DEPARTMENT OF POLICE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT. 11-01074 Summary Form.pdf 11-01074 Letter - Management & Budget.pdf 11-01074 Legislation.pdf 11-01074 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-11-0494 CA.4 RESOLUTION 11-01075 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "RECORDS IMPROVEMENT PROJECT, AND APPROPRIATING FUNDS, IN THE AMOUNT OF $20,941, CONSISTING OF A GRANT FROM THE MIAMI-DADE OFFICE OF GRANTS COORDINATION, FOR THE DEPARTMENT OF POLICE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT. 11-01075 Summary Form.pdf 11-01075 Letter - Management & Budget.pdf 11-01075 Legislation.pdf 11-01075 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones City ofMiami Page 14 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 R-11-0495 CA.5 RESOLUTION 11-01076 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING APRIL Planning AND OCTOBER, 2012, AS THE MONTHS FOR THE CITY COMMISSION TO CONSIDER MIAMI 21 ATLAS AMENDMENTS FOR THE YEAR 2012, PURSUANT TO ORDINANCE NO. 13114, ARTICLE 7.1.2.8 (B)(1), OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. 11-01076 Summary Form.pdf 11-01076 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-11-0496 CA.6 RESOLUTION 11-01077 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE MIAMI FIREFIGHTERS FEDERAL CREDIT UNION, FOR USE OF APPROXIMATELY 3,385 SQUARE FEET OF OFFICE SPACE INSIDE THE CITY OF MIAMI FIREFIGHTERS STATION LOCATED AT 1103 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA, FORA MONTHLY USE FEE OF $3,102.92 ($11.00 PER SQUARE FOOT), PLUS FLORIDA STATE USE TAX, IF APPLICABLE, FOR AN INITIAL TERM OF FIVE (5) YEARS, AND OPTIONS TO EXTEND FOR FIVE (5) ADDITIONAL ONE-YEAR PERIODS, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT. 11-01077 Summary Form.pdf 11-01077 Legislation.pdf 11-01077 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-11-0497 Chair Gort: Next one was 6 and 7. Commissioner Sarnoff.. 7. Chair Gort: CA. 6. Commissioner Sarnoff.. 7, right? 6. City ofMiami Page 15 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Chair Gort: 6. Daniel Newhoff (Interim Director): CA.6. Good morning. Dan Newhoff Department of Public Facilities. CA.6 is a resolution of the City Commission authorizing the Manager to execute a revocable license agreement between the City ofMiami and the Miami Firefighters Federal Credit Union for use of approximately 3,385 square feet of office space inside the fire headquarters station located at 1103 Northwest South River Drive; also allowing for an annual use fee of approximately $3,102.92 per month or $11 per square foot. Priscilla A. Thompson (City Clerk): Excuse me, Chair? Chair Gort: Okay. Yes. Ms. Thompson: Before we go further, you actually approved CA. 6 on your consent agenda. We had recorded as being pulled CA.7 and 8. Commissioner Suarez: That's correct. Commissioner Sarnoff. That's what I thought. Chair Gort: Thank you, sir. Mr. Newhoff. Thank you. Chair Gort: Appreciate it. CA.7 RESOLUTION 11-01161 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, IN AN AMOUNT NOT TO EXCEED $250,000, TO CONTINUE FUNDING A POLICE VISIBILITY PROGRAM FOR THE SOUTHEAST OVERTOWN/PARK WEST AREA; AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT AND ALL DOCUMENTS NECESSARY FOR SAID PURPOSE. 11-01161 Summary Form.pdf 11-01161 CRA Resolution.pdf 11-01161 CRA Police Visibility Grants 2011-2012.pdf 11-01161 Fund Available Inquiry.pdf 11-01161 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-11-0515 Chair Gort: CA.7. Commissioner Sarnoff. No. I asked that that be tabled; 7 and 8, I asked to be tabled 'til later on City ofMiami Page 16 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 this afternoon. Chair Gort: 'Til later on this afternoon. Commissioner Sarnoff.. And I'm going through it right now. Chair Gort: Okay. So you don't want to hear it now? Commissioner Sarnoff.. I'd prefer not to. Chair Gort: Okay. [Later..] Chair Gort: BC.8. The -- we did pass that. Commissioner Sarnoff.. You know, you need CA.7, CA.8. That's the CA (Consent Agenda) -- remember the one I tabled? Chair Gort: Yes. Commissioner Sarnoff.. You want to do those? Chair Gort: Yes. Commissioner Sarnoff.. CA.7, Department of Police. Chair Gort: Quick. Yes, sir. Manuel Orosa (Chief of Police): You ready to go? Commissioner Sarnoff.. He's listening. You could discuss it, Chief. Chair Gort: Yeah. Chief Orosa: You're ready to go? Commissioner Sarnoff.. Yeah. Chair Gort: Yeah. Chief Orosa: Okay. These -- Commissioner Sarnoff.. Congratulations by the way. Chief Orosa: Thank you, sir. These two items are basically similar items. One's for the Overtown CRA (Community Redevelopment Agency) and the other one's for the Omni CRA. These are monies that we get in order to provide more police services than -- Priscilla A. Thompson (City Clerk): Chair, excuse us. I mean, these -- Commissioner Sarnoff.. It's just a discussion. We're not moving anything. Ms. Thompson: But eventually you will be voting on it. City ofMiami Page 17 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Commissioner Sarnoff. He has a chip in his ear. He's listening in. Chair Gort: The policeman (UNINTELLIGIBLE) 5: 52: 46 -- Chief Orosa: And basically, these are monies that the CRA gives us so that we can enhance our police services in those two areas, and Major Gomez is in charge of those monies and he can explain in detail how it's used. Chair Gort: By the way, all of us heard of this before, Madam Clerk, so you understand it. Thank you. Ms. Thompson: Thank you. Chair Gort: Yes, sir. Major Jorge Gomez: Good afternoon, Commissioners. Commissioner Sarnoff. (UNINTET,TIGIBT,F) 5: 53:19 just two Commissioners. Major Gomez: How we spend this money, basically, we -- it's divided in Southeast Overtown/Park West of the CRA area. And basically, what we've done, we do different operations on a weekly basis. We go ahead and spend our money. What we had done so far 218 operations were done -- Commissioner Sarnoff. I'll tell you what. Let me just make this statement. I'm the one that had the concern about this. And let me just say this to you, Chief. You have a commander who happens to be my commander in one of my NET (Neighborhood Enhancement Team) areas, David Sanchez. I don't even know why David goes to work most days. I don't know how David gets the job done that he does. I have the highest self -- esteem for him. He says this is necessary. There's very few people I would take word for something. But when David says he needs this from the Omni and from Southwest Overtown/Park West and he met with me candidly, I take his word for it. And David said he would show up to work all next year, he promised. So I'll move this. Commissioner Suarez: Second -- Commissioner Sarnoff. I'll move item CA. 7. Commissioner Suarez: -- for discussion. Chair Gort: It's been moved and -- Commissioner Sarnoff, second by Commissioner Suarez. Yes, sir. Commissioner Suarez: Two quick things. One is, I wish I had the ability to get a police visibility grant in District 4. Chair Gort: Yeah. Commissioner Suarez: Believe me, I would take advantage of it. Andl can't think a better -- honestly, I'm not sure that can think of a better use of CRA (Community Redevelopment Agency) dollars. I'll be honest with you, because the key to curing slum and blight, which is the main purpose of it, is for people to feel safe. I mean, that's like the most basic -- Chair Gort: That's it. City ofMiami Page 18 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 CA.8 Commissioner Suarez: -- cure. Before you even get to cleaning lots, before you even get to development, you have to feel safe. I mean, that's the most basic emotion and feeling so -- I mean, I -- when you -- Commissioner Sarnoff presented this last year I think for the first time, I was very enthusiastically supportive of it. I'm very enthusiastically supportive of it now. Commissioner Sarnoff.. And my -- and sorry, Mr. Chair. But my only basis for meeting with them, Commissioner Suarez, is this notion that I have in my head that it can be done less expensively. Commissioner Suarez: Yeah. Andl think there's an issue with the overtime -- Commissioner Sarnoff. Right. Commissioner Suarez: -- and that's the problem. But when we -- you weren't at the CRA meeting. It was the only one I think you've missed since I've been here -- the last CRA meeting where we actually grant -- you know, we actually approved a grant. And just so you know, because it was important in the last item, they did demonstrate the deliverables at that meeting. They made a very specific, very detailed presentation which we actually stopped them because they were -- it was taking a while. And they went through all the numbers of the reduction in crime, the increase in seizures, et cetera, et cetera, et cetera. So the -- you know, they made as cogent a presentation as what we just received in terms of deliverables. Commissioner Sarnoff.. And my only hesitancy was to see if we could bring it in less expensively and -- Commissioner Suarez: Of course. Commissioner Sarnoff.. Major Gomez has committed to me that by March]? Major Gomez: I will start tomorrow, sir. By March. Commissioner Sarnoff.. Right. By March 1 we will either have a plan that can be implemented or we will make an acknowledgment that this is the best we can do. Chief Orosa: We met outside with Pieter Bockweg and we have already scheduled some things so that we can meet with him to see how we can bring the costs down and be able to utilize the monies to stretch it further. And thank you for your kind words for Commander Sanchez, who's there sitting down there. Chair Gort: I don't know about that. I'll have to check on that one. Commissioner Sarnoff.. I told him dinner was on you tonight. Chief Orosa: Okay, Chief. All right. Thank you. Major Gomez: Thank you, Commissioner. Chair Gort: Okay. it's a motion and a second. Any further discussion? Commissioner Suarez: No. Chair Gort: Being none, all in, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION City ofMiami Page 19 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 11-01162 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, IN AN AMOUNT NOT TO EXCEED $350,000, TO CONTINUE FUNDING A POLICE VISIBILITY PROGRAM FOR THE OMNI AREA; AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL DOCUMENTS NECESSARY FOR SAID PURPOSE. 11-01162 Summary Form.pdf 11-01162 CRA Resol ution. pdf 11-01162 CRA Police Visibility Grant 2011-2012.pdf 11-01162 Funds Available Inquiry.pdf 11-01162 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-11-0516 Commissioner Suarez: Move CA.8. Chair Gort: It's been moved by Commissioner -- Commissioner Sarnoff. Second. Chair Gort: -- Suarez, second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. CA.9 RESOLUTION 11-01073 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT, PURSUANT TO A WARRANTY DEED, THE DONATION OF A PARCEL OF LAND LOCATED AT 721 NORTHEAST 85 STREET, MIAMI, FLORIDA, FOLIO NUMBER 01-3207-003-0630 ("PROPERTY"), FROM PSR, LLC., A FLORIDA LIMITED LIABILITY CORPORATION TO THE CITY OF MIAMI; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE WARRANTY DEED, IN SUBSTANTIALLY THE ATTACHED FORM, ALONG WITH ANY OTHER NECESSARY DOCUMENTS, TO ACCOMPLISH THE ACQUISITION OF THE PROPERTY. 11-01073 Summary Form.pdf 11-01073 Legislation.pdf 11-01073 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones City ofMiami Page 20 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 R-11-0498 CA.10 RESOLUTION 11-01087 Department of NET A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT ENTITLED: "2011-2012 MEMORANDUM OF AGREEMENT -DISCHARGE PLANNING GRANT, AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $340,000, CONSISTING OF GRANT FROM THE MIAMI-DADE COUNTY HOMELESS TRUST, TO PROVIDE EXTENDED OUTREACH, AND HOUSING SERVICES TO HOMELESS INDIVIDUALS REFERRED THROUGH THE MIAMI-DADE COUNTY JUDICIAL AND HEALTH SYSTEMS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE EXTENSION AND AMENDMENT NO. 2 TO THE 2011-2012 MEMORANDUM OF AGREEMENT -DISCHARGE PLANNING, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY, AND ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. 11-01087 Summary Form.pdf 11-01087 Miami -Dade County Backup Information.pdf 11-01087 Legislation.pdf 11-01087 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-11-0499 CA.11 RESOLUTION 11-01150 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY ATTORNEY MARTHA FORNARIS, ESQ., SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $40,000, IN FULL SETTLEMENT OF ALL CLAIMS FOR ATTORNEYS FEES AND COSTS ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, RESULTING FROM HER REPRESENTATION OF CURRENT CITY EMPLOYEE MAE SHEPHERD ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.524000.0000.00000. 11-01150 Memo - Office of City Attorney.pdf 11-01150 Memo - Financial Signoff.pdf 11-01150 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-11-0500 City ofMiami Page 21 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 CA.12 RESOLUTION 11-01142 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MOHEB, INC., DOING BUSINESS AS MR. MOE'S, THE TOTAL SUM OF $10,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CASE OF MOHEB, INC., VS. THE CITY OF MIAMI, PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 10-22609 CA 24, UPON THE COURT ISSUING AN ORDER ADOPTING THE PARTIES STIPULATED SETTLEMENT; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531010.0.0; AUTHORIZING THE CITY ATTORNEY TO AGREE TO THE ATTACHED STIPULATED SETTLEMENT FOR SUBMISSION FOR COURT APPROVAL. 11-01142 Memo - Office of the City Attorney.pdf 11-01142 Memo - Financial Signoff.pdf 11-01142 Legislation.pdf 11-01142 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-11-0501 CA.13 RESOLUTION 11-01169 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY THE PAINTER, INC. THE TOTAL SUM OF $37,743.35 INTEREST INCLUDED ON A PER DIEM RATE OF $2.83 THROUGH DECEMBER 15, 2011, SUCH INTEREST WILL CONTINUE TO ACCRUE UNTIL PAID, ALTHOUGH THE INTEREST RATE IS SUBJECT TO CHANGE, IN FULL AND COMPLETE SATISFACTION OF THE JUDGMENT ENTERED AGAINST THE CITY OF MIAMI, EXCLUSIVE OF ATTORNEYS FEES AND COSTS WHICH WILL BE DETERMINED AT LATER HEARING, AGAINST THE CITY OF MIAMI IN THE PAINTER, INC. VS. THE CITY OF MIAMI, PENDING IN THE STATE CIRCUIT COURT, CASE NO.: 05-12967 CA 13; ALLOCATING FUNDS FROM THE NON -DEPARTMENTAL ACCOUNT CODE NUMBER. 00001.980000.531010.0000.00000 11-01169 Memo - Office of the City Attorney.pdf 11-01169 Memo - Financial Signoff.pdf 11-01169 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-11-0502 City ofMiami Page 22 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Adopted the Consent Agenda Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones PH.1 11-01135 Department of Capital Improvements Program END OF CONSENT AGENDA Chair Gort: CA.1. Kenneth Robertson (Director): Good morning, Commissioners. Kenneth Robertson, Purchasing Department. CA.1 is a reso -- Priscilla A. Thompson (City Clerk): I'm sorry, Chair. I really do apologize, Chair. But normally what you would have done after this was to go ahead and vote on your CA (Consent Agenda) agenda. Commissioner Sarnoff. So move for the -- Commissioner Suarez: Second. Commissioner Sarnoff. -- consent agenda. Chair Gort: Move the consent agenda. My apologies. Commissioner Suarez: Second. Chair Gort: Second by Commissioner Suarez. Any further information -- discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Thompson: Thank you. PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGERS FINDINGS THAT IT IS MOST ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") TO WAIVE COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTIONS 18-85(A) AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING AN INCREASE, IN AN AMOUNT NOT TO EXCEED $53,334, TO THE GRANT AGREEMENT ("AGREEMENT') BETWEEN THE CITY AND ACTION COMMUNITY CENTER, INC., FOR PRE -ARRANGED TRANSPORTATION SERVICES FOR LOW TO MODERATE INCOME ELDERLY OR DISABLED MIAMI RESIDENTS; FURTHER AUTHORIZING A TWO (2) MONTH EXTENSION TO THE AGREEMENT City ofMiami Page 23 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 FROM DECEMBER 31, 2011 TO FEBRUARY 29, 2012, OR UNTIL 30 DAYS AFTER A NOTICE TO PROCEED IS ISSUED FOR THE SUBSEQUENT CONTRACT, WHICHEVER OCCURS FIRST; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSES; ALLOCATING FUNDS FROM THE CITY'S SHARE OF THE TRANSIT SURTAX. 11-01135 Summary Form.pdf 11-01135 Notice to the Public.pdf 11-01135 Amendment No. 1 Grant Agmt. pdf 11-01135 Action Community Center Resolution.pdf 11-01135 Legislation.pdf 11-01135 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-11-0503 Vice Chair Carollo: PH.1. Chair Gort: PH.1. Albert Sosa: Albert Sosa, director of Capital Improvements. PH.1 is a public hearing where we need a four fifths majority affirmative vote to extend the existing contract for on demand transportation services with Accion. The extension is for two months, and an amount not to exceed $53, 334. The language in the extension stipulates that if we enter into a contract -- there's currently an open solicitation for the -- for selecting a vendor for this. The language in the extension in this amendment to their agreement stipulates that if we have a contract in place and active with a new vendor, the -- it's 60 days or until the new vendor is active. That's how it's written. Commissioner Suarez: So I'll make the motion with a question. Chair Gort: Yes, sir. There's a -- Commissioner Suarez: My question is -- Chair Gort: -- motion by Commissioner Suarez. Commissioner Suarez: -- so is this a 60-day extension or is this a 60-day extension or until another person is procured to do the same services? Mr. Sosa: It is a 60-day extension maximum or -- Commissioner Suarez: Got it. Mr. Sosa: -- until -- Commissioner Suarez: Got it. Mr. Sosa: -- a new vendor is under contract. City ofMiami Page 24 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Chair Gort: A new vendor -- Commissioner Suarez: And our deferral is going to come back within that time period? Chair Gort: That new vendor is going to come in. Vice Chair Carollo: Second for discussion. Chair Gort: Second by Commissioner Suarez [sic]. Public hearing. Yes, sir. Mariano Cruz: I'm going to be very brief and be gone. Mariano Cruz, 1227 Northwest 26 Street. In the '76/'77, I was a social worker with the Little Havana Activities Center andAccion was the one that used to do our transportation there for the elderly and they -- I recommend them. Not only that, my friend and federal union organizer, Octavio Blanco, worked with them many year, many years. Andl know it's a good agency. Thankyou. Bye. Commissioner Suarez: Thank you. Chair Gort: Thankyou. Anyone else in the public would like to address this issue? Is anyone in the public would like to address this issue? Being none, close the public hearings [sic]. Commissioner Sarnoff. Mr. Chair, should we not hear this along -- the same time as RE.10 -- RE.9 and RE.10? Chair Gort: That's been defer. Commissioner Suarez: They were continued. Vice Chair Carollo: RE.9 has been withdrawn. I'm sorry, they were deferred. Commissioner Suarez: Continued. Chair Gort: Continued. Commissioner Suarez: They were continued by the way for within that time period. So even though there's a two -month extension, we'll still be dealing with this issue within that period. Commissioner Sarnoff. I got you. Vice Chair Carollo: I just want to verf, this is the second extension we've given, correct? Commissioner Suarez: Yeah. Mr. Sosa: That's correct. Vice Chair Carollo: And do we foresee this being the last extension? Mr. Sosa: We currently are dealing with a bid protest on the procurement, and we're trying to resolve that. We feel that it may be resolved amicably, but additional time is necessary. Vice Chair Carollo: Got it. Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying "aye. City ofMiami Page 25 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 PH.2 11-00774 Department of Parks and Recreation SR.1 11-00857 Honorable Mayor Tomas Regalado The Commission (Collectively): Aye. Chair Gort: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING THAT COMPETITIVE SEALED BIDDING IS NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATION AND FINDING OF THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION THAT DELUCCA ENTERPRISES, IS THE MOST QUALIFIED TO CONTINUE TO OPERATE AND MANAGE THE MELREESE GOLF COURSE AND FACILITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH DELUCCA ENTERPRISES TO CONTINUE TO OPERATE AND MANAGE THE MELREESE GOLF COURSE, WITH THE NEW TERMS AND CONDITIONS SET FORTH IN SAID THIRD AMENDMENT. 11-00774 Summary Form.pdf 11-00774 Memo - Auth. Amendment to Agrmt. pdf 11-00774 Memo - Notice to the Public.pdf 11-00774 PSA- First & SecondAmendments.pdf 11-00774 Legislation.pdf 11-00774 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones END OF PUBLIC HEARINGS ORDINANCES - SECOND READING ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS", MORE PARTICULARLY BY CREATING ARTICLE 5, ENTITLED " CODE RELIEF PROGRAM" FOR THE LEGALIZATION OF EXISTING BUILDINGS; PROVIDING FOR DEFINITIONS; PROVIDING METHODS OF LEGALIZATION OF EXISTING BUILDINGS; ALLOWING FOR MITIGATION OF FINES DUE TO PARTICIPATION IN THE CODE RELIEF PROGRAM; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00857 Legislation SR (Version 2).pdf City ofMiami Page 26 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 SR.2 11-01066 Honorable Mayor Tomas Regalado Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Note for the Record: Item SR.1 was deferred to the January 26, 2012, Miami City Commission Meeting. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ ARTICLE XIII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED", MORE PARTICULARLY BY CREATING A NEW DIVISION ENTITLED "FARMERS' MARKET PILOT PROGRAM", CREATING SECTION 62-622 ENTITLED "FARMERS' MARKET PILOT PROGRAM"; DEFINING FARMERS' MARKET, PERMITTING PROCESS, LOCATION, OPERATIONS AND FEES AND ENFORCEMENT OF SAID PILOT PROGRAM; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 11-01066 Legislation SR (Version 3).pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones 13294 Chair Gort: PH.2. Commissioner Suarez: I think we're on SR. 1 now. Chair Gort: I'm sorry, yes. Commissioner Suarez: That's you, Barnaby, SR.1. Barnaby Min (Zoning Administrator): SR. 2. I believe SR. 1 was also -- Chair Gort: CR.1 [sic] is out. Mr. Min: -- continued. I believe SR.1 was continued. Chair Gort: SR. 2. Mr. Min: SR. 2 -- Barnaby Min, Zoning administrator -- is amendment to Chapter 62 of the City code to create a pilot program for farmers' markets. We're creating this pilot program in order to do an immediate assistance to these types of markets in food deserts throughout the city while we look at a long-term solution with an amendment to Miami 21. The only difference between first reading and second reading is in order to encourage these types offacilities in food deserts where lower income families tend to be is to encourage these markets to accept food stamps, and we're offering a lower permit fee for those types offacilities. City ofMiami Page 27 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 SR.3 11-01020 Department of Building Commissioner Suarez: Move it. Chair Gort: It's been moved -- Commissioner Suarez: Move the item. Chair Gort: -- by Commissioner Suarez, second by Commissioner Sarnoff. It's a public hearing. Anyone in the public would like to address the Commission on this issue? Is anyone in the public? Showing none, public hearing is closed. Any further discussion? Being none, thank you. All in favor? Priscilla A. Thompson (City Clerk): It's ordinance. Commissioner Suarez: It's an ordinance. Chair Gort: An ordinance, sorry. Read it. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance -- Mr. Min: Thank you. Ms. Thompson: -- has been adopted, 3-0. Chair Gort: Thank you. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS", MORE PARTICULARLY BY CREATING ARTICLE 6, ENTITLED "UNSAFE STRUCTURES", IN ORDER TO ADDRESS THE DEMOLITION OF EXISTING UNSAFE STRUCTURES WITHIN THE CITY OF MIAMI; PROVIDING FOR DEFINITIONS AND METHODS FOR THE DEMOLITION OF UNSAFE STRUCTURES; ESTABLISHING AN UNSAFE STRUCTURES PANEL; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. 11-01020 Summary Form FR/SR.pdf 11-01020 Legislation SR (Version 2).pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones 13295 Direction by Commissioner Suarez, Chair Gort, and Commissioner Sarnoff, to the City ofMiami Page 28 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Administration to provide a report in January which includes the number of completed unsafe structure demolitions in the 2011; solutions for streamlining the process in 2012; the number of pending unsafe structure demolitions; the number of buildings identified by commissioners that have been deemed unsafe; the number of buildings that have been deemed unsafe by the Building Official; the number of buildings that have been scheduled for demolition; the number of buildings that have been demolished by the City ofMiami; the number of buildings that have received Special Assessments by the City ofMiami; the number of buildings that have been demolished voluntarily by the owners; the number of Special Assessments that have been foreclosed by the City Attorney; and the total dollar amount in outstanding Special Assessments. Chair Gort: SR. 3. Mariano Fernandez: Good morning, Mr. Chairman. Mariano Fernandez, Building director. SR.3 is the ordinance for the unsafe structure panel creation. This is the second ordinance -- the second reading of the ordinance. There is a floor modification due to some discrepancies in the language on the composition and Article I-1, as per the City Attorney discretion. Do you want me to read it or you want the City Attorney to read? I can read it? We're modifying/deleting "appointed by the City Manager or designee and ratified by the City Commission after appropriate advertisement of the open positions in a newspaper in general circulation for at least five days." The reason of this deletion by the City Attorney is because the appointment of the members of the panel is done by the County Clerk because they have the register of the available people. Chair Gort: Okay. Commissioner Suarez: Move it. Chair Gort: It's been moved by Commissioner Suarez, second by -- Commissioner Suarez: With -- for discussion, please. Chair Gort: -- Commissioner Sarnoff. For discussion. It's a public hearing. Yes, sir. Mariano Cruz: Yes. Mariano Cruz, 1227 Northwest 26 Street. The last meeting talk about that andl talk about the vacant house at 3435 Northwest 9th Court. And I'm glad to report that yesterday I went by there and check it because I made sure I don't wait for a report or a e-mail (electronic) or whatever. No, I go there myself andl check it. I don't know who did it, who was there, but the neighbors told me that somebody came and they cut the grass and cleaned the lot. Commissioner Suarez: We did. Mr. Cruz: At least that's done. And the neighbors say we don't worry about who is living there because at least they got somebody protecting their neighborhood. The people that living there, when something happens, they will tell us whatever it is. But still, the structure is unsafe, and I'd like to see this God speed and take care all these units that are lowering the value of the houses and then when you go to the property appraiser, you've got less value, less tax money coming to the City, too. Thank you. Chair Gort: Thank you, sir. Not only that, but the -- Anyone else would like to address this issue? Anyone else would like to address SR.3? No. Being none -- Yes, sir. It's an ordinance. Commissioner Suarez: Mr. Chairman, real quick. Mr. Fernandez: Madam Attorney. City ofMiami Page 29 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Chair Gort: Yes. I'm sorry. We have another question. Commissioner Suarez: Thank you. Thank you, Mr. Chairman. You know, obviously this is something that's very near and dear to my heart. You know, this is part of the process of streamlining, basically knocking down buildings that are unsafe, in an unsafe condition. My concern is we started off very, very fast and very, very good. And that's a testament to you and the way that you looked at the process and streamlined the process with a little bit of prodding from the Commissioner. Mr. Fernandez: Thank you. Commissioner Suarez: But I feel that lately we have kind of slowed down a little bit and so I want to readdress the issue. I want to -- whatever the bottlenecks are, whether it be -- whatever they are, whether it be funding, whether it be a legal department decision, you know, we had to talk about it last time and kind of all come together. We need to be talking to each other and it's something that Chairman Gort has stressed over and over and over again. We need to talk to each other. Whenever there's a bottleneck, it really shouldn't take a Commissioner having to bring it to the forefront to un -- you know, to fix the bottleneck. It should be something that we should be able to handle and just keep moving forward. So I don't know if the appropriate thing is to ask the Clerk or the Administration or the City Attorney if -- I'd like to get a report in January regarding how we did this year, this last year, and what we're going to do in this upcoming year to remove whatever bottlenecks there are, get a full report of how many we have pending. I know that there's one on 19th and 10th that was approved for demolition in April and we're in December. You know, that's -- to me -- I'm sorry, but that's unacceptable. So, you know, we need to work through the bottlenecks. Andl know later on I have a discussion item relating to special assessment. I'm not sure that we've gotten the amount yet. I'll check with my staff but the point is that even if we have to use some funds from the general fund because they don't qualify through Community Development 'cause of the median income of the area, we should be able to get that money back and we need to demonstrate to this Commission that we can get that money back -- and to the City and to the citizens of the City that we can get that money back so that they understand that it's not going to be a negative impact on the bottom line of the City on the general fund. So I would like -- I don't know if -- what the appropriate way -- I'm sorry? Priscilla A. Thompson (City Clerk): It sounds as though the direction you're giving is for Administration -- Commissioner Suarez: Yes. Ms. Thompson: -- a report. Commissioner Suarez: Yes, to have a report for the first or second meeting of January, whatever Mr. Fernandez: Commissioner, I can come back in January and bring you a report with everything up to date and what we are going to do in this fiscal year -- Commissioner Suarez: Awesome. Mr. Fernandez: -- all the way to October. Commissioner Suarez: I have full faith and confidence in your ability. Mr. Fernandez: Thank you, sir. Commissioner Sarnoff. Couldl refine the -- City ofMiami Page 30 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Chair Gort: Yes, sir. Commissioner Sarnoff. -- request? In that request, Mr. Manager, I'd like to know the number of buildings that have been requested by Commissioners to be determined to be unsafe, the number of findings by the building official that has determined them to be unsafe, the number of buildings that have been scheduled to be taken down, those that have been taken down by the City, those that have received special assessments by the City, those that have been taken down voluntarily by the owners, and the number of special assessments that have been foreclosed by the City Attorney. Chair Gort: Okay. Keep writing. I'm going to add to that list. Mr. Martinez: I'm going to have to go over them. Chair Gort: I'm going to add to that list because let me tell you, the biggest complaint thatl received, and I'm sure all of us up here receives them, abandoned homes not taken care of overgrown grass. There's a place I called the other day, the grass and the shrubbery is about six feet high in this lot. That creates a lot of problem. And most important, the criminal activities that take place within these abandoned homes. Banks do not want to take responsibility. I also would like to know how many millions of dollars do we have in lien? I mean, we discussed about three or four months ago, what are we going to be doing to collect those liens 'cause I'm sure we got over 1 or $2 million in liens that somehow we got to do something with 'cause people are just laughing at us. Keep putting liens. They don't give -- they don't care. Go ahead. They don't have to pay it right away. Yes, sir. Commissioner Sarnoff. It's not a lien. It's a special assessment. Chair Gort: Well, a special assessment. Commissioner Sarnoff. But it's better for you because you being a banker, special assessments can be sold. Chair Gort: Right. Commissioner Sarnoff. So I would expect to see a line formed at the City MRC (Miami Riverside Center) building. I'd like to buy the 20 homes -- I'd like to buy the 20 sites that the City has invested $6, 000 -- I'm just going ballpark what it takes you to take down a place. I mean, that's -- I believe you have 20. If it's 6,000 each, it's $120, 000. That person now primes the bank and that person is now in a position to own that particular property. That's if you don't even foreclose. If you choose to foreclose, the City now is the fee simple owner of the property regardless of what the bank does. This works so many different ways you can't fail. Commissioner Suarez: Absolutely. Commissioner Sarnoff. Either the bank takes you out -- Commissioner Suarez: Right. Commissioner Sarnoff. -- Joe and Jane Citizen -- Commissioner Suarez: Yup. Commissioner Sarnoff. -- comes up and says I want to buy the special assessment. City Attorney says, no, I want to foreclose. City ofMiami Page 31 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Commissioner Suarez: It's a no-brainer. Commissioner Sarnoff. Works so many ways. Commissioner Suarez: Mr. Chairman, ifI may -- Chair Gort: Yes, sir. Commissioner Suarez: -- chime in. I've had a discussion item that deferred because I had not got any information and my staff is telling me now that we still don't have the information, which is what is the outstanding amount of special assessment fees in a dollar figure that the City has at this particular juncture even in a variety of different categories, you know, before the lien has been recorded, after the lien has been recorded, whatever the different categories are. But I want a dollar amount because I want -- just like I'm tracking the demolition of the buildings, I want to also track -- Mr. Fernandez: The money. Commissioner Suarez: -- the recovery of the money, so that's it. That's all I got to say about that. Chair Gort: Thank you. Yes, ma'am. Read it. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Ms. Thompson: Roll call. Chair Gort: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted 3 -- on second reading, 3-0. Mr. Fernandez: Thank you, Mr. Chairman. SR.4 ORDINANCE Second Reading 11-00882 Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Building 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 NO ACTION TAKEN Chair Gort: SR.4. Mariano Fernandez (Director, Building/Building Official): Mr. Chairman, this is the second City ofMiami Page 32 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 reading of the modifications to the Chapter 10 on the building general notes where we modified the existing structure of fees, how the Building Departments are getting paid for building, electrical, mechanical and plumbing categories for line item and square footage on the building section to a percentage on the estimated cost of construction. This will simplifi, the way we charging and making it more transparent the way we charging the building permits and equalizes what we already did last year for commercial building. This is only for residential. Chair Gort: Only for? Mr. Fernandez: Residential permits. There is a floor modification after several meetings that I have with the different Commission chambers, where we like to propose a modification. The way it reads -- where in Section B, general fee information, it will read general building permit fees information; and in Section 1, modified from building permit fees to building, mechanical, plumbing and electrical permit fees. Then in Section A, we modified the percentage from .30 percent of the estimated cost of construction for new construction to .5, half a point; and instead of 1.60 for the estimated construction of remodeling, to a .5, equalizing both for new and remodeling permits. This will eventually result in a slight modification and reduction on residential permits. Chair Gort: Thank you, sir. Let me ask you a question. Andl know you're working on it, but one of the biggest problem that we have when somebody goes to pull a permit, they don't get all the information or all the documentation and they got to be going back and forth constantly. And the inspector will come in and will say you need to go here and there. Do we have a list at this time where a person is going to pull a permit, a list of all the documents and all the phases that it have to go through in order they don't have to be coming back and forth? Mr. Fernandez: Unfortunately, we have bits and pieces. We have been working on it for the last two years for the new software that the IT (Information Technology) Department is working with the Building Department, Zoning, and other -- the permits within the municipality. Everything is going to be spell out and this will be a significant change in transparency for the homeowner where he is going to know what he needs to present to us and how much he's going to pay for the building permits. Chair Gort: Andl want to make sure that all the different departments are talking to each other before they issue any permits, that they check with each other and make sure there's no deficiency in any of the other departments. Mr. Fernandez: For the last two years, we have been meeting in a monthly basis with the Department of IT, coordinating the software that we developing and we talking to each other. Chair Gort: Okay. Thank you, sir. Any further discussion, questions? Roll call. Priscilla A. Thompson (City Clerk): Well, actually, this is an ordinance on -- Victoria Mendez (Assistant City Attorney): An ordinance. Ms. Thompson: -- second reading. I've not -- I don't have notes where you opened up your public hearing so you've got to do that. Chair Gort: Sony about that. Ms. Thompson: And then we'll -- Chair Gort: Open to the public. Anyone in the public would like to address this? Being -- showing none, public hearing is closed. City ofMiami Page 33 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 SR.5 11-01042 Department of Capital Improvements Program Ms. Thompson: And now if we can get a motion. Chair Gort: I thought we had a motion. Ms. Thompson: No. Chair Gort: Do we have a motion? Move it. You're chairing the meeting. Ms. Mendez: An ordinance of the Miami City Commission -- Ms. Thompson: Wait, wait. Ms. Mendez: -- amending Chap -- Ms. Thompson: Hold on. Chair Gort: No, no. Wait a minute. Ms. Thompson: Wait, wait. Ms. Mendez: Oops. Ms. Thompson: We don't have a second. Mr. Fernandez: We didn't get a second. Chair Gort: We don't have a second. Ms. Mendez: Sorry. Commissioner Suarez: Who moved it? Chair Gort: I did. You're the chairperson now. You're chairing it. Commissioner Suarez: We have a motion by Commissioner Gort. Do we have a second? Chair Gort: Dies for lack of second. Commissioner Suarez: Item dies for lack of second Mr. Fernandez: Thank you. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY," MORE PARTICULARLY BE AMENDING SECTION 2-892(4)(G)(1) TO REVISE THE SUNSET DATE FOR THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 34 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 11-01042 Summary Form FR/SR.pdf 11-01042 Sunset Review of Boards FR/SR.pdf 11-01042 Legislation FR/SR.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones 13296 Chair Gort: SR. 5. Albert Sosa: Albert Sosa, director of Capital Improvements. SR. 5 is a second reading of an ordinance extending the sunset date of the Bond Oversight Board. The Bond Oversight Board -- Commissioner Suarez: Move it. Chair Gort: It's been moved -- Commissioner Sarnoff. Second. Chair Gort: -- and second. It's a public hearing. Is anyone in the public would like to address this issue? Is anyone in the public would like to address this issue? Showing none, close the public hearings [sic]. Read it. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3-0. Chair Gort: Thank you. SR.6 ORDINANCE Second Reading 11-00987 City Manager's Office 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. City ofMiami Page 35 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 11-00987 Summary Form FR/SR.pdf 11-00987 Facility Fee FR/SR.pdf 11-00987 Memo - Amendment to Ticket Surcharge SR.pdf 11-00987 Legislation SR (Version 3).pdf 11-00987 Alternate Ordinance.pdf SPONSOR: COMMISSIONER MICHELLE SPENCE-JONES Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Note for the Record: For minutes referencing item SR.6, please refer to Order of the Day." END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READING FR.1 ORDINANCE First Reading 11-01166 District 4- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 18/ ARTICLE IX/DIVISION 2 SEC 18-542 (5) ENTITLED Francis Suarez "FINANCE/FINANCIAL POLICIES/FINANCIAL INTEGRITY PRINCIPLES" BY ADDING A PROVISION RELATED TO ACTIONS TO BE TAKEN BY THE CITY MANAGER WHEN THE UNASSIGNED FUND BALANCE FALLS BELOWA CERTAIN THRESHOLD; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 11-01166 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: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones Chair Gort: FR.1. Commissioner Suarez: Mr. Chairman, ifI may be recognized on FR.1. Chair Gort: Yes, sir. Commissioner Suarez: Thank you. FR.1 is an ordinance that I've sponsored which seeks to strengthen the financial integrity ordinance and principles, and what it does is codnj, what I think is a very, very good practice that we engaged in when Manager Migoya was the manager and kind of got away from last year, which is that when we are below the financial integrity threshold for funds in reserve, that the Administration is required to present before the City Commission on a monthly basis the financial condition of the City ofMiami. It's -- we had -- I had a briefing with Budget Director Alonso [sic] yesterday which already gave me a report on the first month of this fiscal year and that's precisely what we need to do so that we as Commissioners, number one, can be fully informed and so we can make addition -- you know, adjustments throughout the year and so that neither ourselves nor the public is blindsided by any changes and there is no, you know, allegations of lack of transparency or there's no allegations City ofMiami Page 36 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 that, you know, we are changing the game in mid -stream. Andl think it worked extremely well the first year thatl was here and it didn't happen the second year. And it's not your fault, Mr. Manager. You were just the manager for the last part of the year, but it's something that we -- thatl harped on in my internal briefings over and over and over again and it never happened. And it was one of the reasons why I didn't vote in favor of the budget. So that's basically whatl have to say about that andl move the item. Commissioner Sarnoff. Second for discussion. Chair Gort: Okay, it's been moved and second for discussion. Commissioner Sarnoff. In this particular item, as my briefings told me, Commissioner -- I haven't read the ordinance carefully, but as I was briefed, it was said that rollover of various departments would no longer stay in that department. Commissioner Suarez: That's correct. Commissioner Sarnoff. Andl understand the philosophy of that, but can give you the practicality of that. On a practical basis, what will happen is every department -- For instance, I happen to have a significant amount of budgetary rollover because we were very judicious in our spending this year -- Commissioner Suarez: Right. Commissioner Sarnoff. -- and while I may want to give that to the reserve, I would also maybe view it a little differently. I could suggest to you that I think many directors would view that differently and would ensure that if they didn't have rollover funds in their budget, that they would then spend their particular budget as a matter of practice I guess is the way to put it. And that's okay. I mean it's just -- it's -- I thinkl know philosophically what you want to do, but on a practical basis, you'll never have budget surpluses. Commissioner Suarez: Yeah. And that was kind of a last-minute thing that we talked about in our briefings and it came in as a substitution and apologize for that 'cause it didn't -- I don't think it was given to you within the five-day rule and with the massive agenda that we have -- in fact, I didn't even think that it was given to you at all. I thought we were going to take this up on another Commission meeting. But my chief of staff just informed me that it was in fact given to you all. I have no problem not making it part of the first reading and, you know, us debating about it or thinking about it in the meantime and then maybe taking it or leaving it in the second reading, if that's okay with you. Commissioner Sarnoff. That's fine. Commissioner Suarez: Okay. Commissioner Sarnoff. That's my only -- I think it's a great ordinance, great idea. I just -- I think we should just debate that a little bit. Commissioner Suarez: Sure. Chair Gort: You can improve it to make it advantageous for the principals -- or the directors to take advantage of the rollover, some benefits. Okay, this is the public hearings [sic]. Anyone would like to address this issue? No one shows. Close the public hearings. Read it. Julie O. Bru (City Attorney): Okay. Just for the record, I want to clar then the ordinance that you're adopting on first reading is the one that was in the packet, not the substitute? City ofMiami Page 37 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 FR.2 Commissioner Suarez: That's correct. Ms. Bru: Okay. Chair Gort: That's correct. Ms. Bru: Thank you. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Sarnoff? Commissioner Sarnoff. Yes. Ms. Thompson: Commissioner Suarez? Commissioner Suarez: Yes, andl want to say that -- andl didn't get a chance to say this. You know, obviously, aside from what I believe is the practical benefits of implementing this procedure as an ordinance, as a law, anything that we do to strengthen our financial integrity sends a -- the right message to the investment community, to the rating agencies that this Commission is serious about the financial condition of the City ofMiami and so much so that we're willing to codin, it into our procedures. Andl think we've already demonstrated that. You know, fiscal year '10 is appearing to be good -- andl don't mean to steal your thunder, Danny. Mr. Alonso [sic], I don't mean to steal your thunder, but fiscal year '10 is looking good. Unidentified Speaker: (UNINTET,TIGIBT,F) '11. Commissioner Suarez: I'm sorry. Is that '11? Okay, I'm sorry, '11. Chair Gort: '11. Commissioner Suarez: I always get the numbers confused. Fiscal year '11 is looking very, very good in terms of year-end close-out and it'll be the first year -- somebody was telling me the other day it'll be the first year in a while that we will close out the budget with a surplus. So it's because of this Commission, because of how rigorously we studied our budgets, how informed we were when we made that decision, how the fortitude of this Commission to make the tough decisions in the face of a lot of adversity that is helping us bring the City ofMiami back to financial health. Chair Gort: Thank you. I think it's very important those monthly reports because as we stated before, if you go according to the budget and you see any variance, you can make the changes to make sure it doesn't happen until the end of the year and we can take care of the remedies within a month. Okay. Ms. Thompson: IfI may continue with the roll call, please. Chair Gort: Yes, ma'am. Sorry. Ms. Thompson: And then Chair Gort? Chair Gort: Yes. Ms. Thompson: The ordinance has been passed on first reading, 3-0. ORDINANCE First Reading City ofMiami Page 38 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 11-01078 Department of Solid Waste RE.1 11-00301 AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI CODE, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND OTHER SOLID WASTE," MORE PARTICULARLY BY AMENDING CERTAIN DEFINITIONS, AMENDING THE EDUCATIONAL TRUST FUND FROM THE RECYCLING PROGRAM, ADDING A MINIMUM PERIOD OF DURATION FOR PERFORMANCE BONDS, PROVIDING FOR ENHANCED MANAGEMENT, PRORATING THE EXISTING PERMIT PER ACCOUNT FEES, DETAILING AN ENFORCEMENT AND COLLECTION PROCESS, CREATING AN APPEAL PROCESS, CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-01078 Summary Form.pdf 11-01078 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Department of Capital Improvements Program Note for the Record: For minutes referencing item FR.2, please refer to Order of the Day." 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 Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-11-0504 Chair Gort: FR.2 was pull. RE.1. City ofMiami Page 39 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Albert Sosa: Albert Sosa, director of Capital Improvements. RE.1 is an item authorizing the City to make a payment in the amount of $59,166.72 to Giannetti Corporation in relation to the North Bayshore Drive drainage improvement project. This item has been heard before. And to recap our previous discussions on the item, this was an existing contract that had an existing bonus requirement in the contract. The original bonus was in the amount of $76, 000. The CIP (Capital Improvements Program) management at the time -- this is in late 2009 -- made modifications to the contract verbally and they stated to the contractor -- it's my understanding that they stated to the contractor that if certain items were achieved by the bonus date in December of 2009, specifically that North Bayshore Drive would be open to traffic, that the bonus would remain intact. In addition to that, the City was -- or in relation to that, the City was actively requesting that the contractor perform additional work and defer some work until after the bonus date so that it was not practical for Giannetti to achieve substantial completion as stipulated in the original contract by the bonus date. Giannetti Corporation did perform to the request that the City was making for them to do additional work or defer work, which they completed in the middle part of 2010. At the last -- the last time this item was heard, the district Commissioner for District 5 requested additional information in the form of any e-mail (electronic) records that we might have related to this issue. We did provide a package to each Commission office two weeks ago that includes the e-mails that were contemporaneous with the issue around the time of the bonus. And what they illustrate is several items where the contractor could not complete the work because the City's -- the City contracts directly with FPL (Florida Power & Light), for example, and FPL had not completed the work that they needed to do before Giannetti could complete their work. And it also illustrates several issues. Another key one was the water and sewer connections for the Miami Women's Club. In order to avoid tearing out the work that would have been recently completed, Giannetti was requested to not complete the last lift of asphalt to allow the Miami Women's Club time to perform their water and sewer connections, and then subsequently the City directed Giannetti to complete the paving once the Women's Club work was complete. Chair Gort: Okay. Questions, statements, motions? Commissioner Sarnoff. Yeah. Before we have a motion -- you kind of taken us midstream again. Andl know you want to take us midstream because we've already discussed this a number of times. So let me just try to -- the reason that we are paying a -- or considering paying a bonus is because the contract provided for a bonus. Mr. Sosa: That's correct. Commissioner Sarnoff. All right. And they did not hit the bonus date because of exterior factors and City and/or CRA (Community Redevelopment Agency) involvement and/or others concerning extensions that caused them not to hit the date, the anniversary date of that bonus? Mr. Sosa: That's correct. Commissioner Sarnoff. All right. And how much off were they on their -- the date from the bonus? In other words, the anniversary date of the bonus when they hit completion, what length of time are we talking about? Mr. Sosa: Okay. The bonus date was in mid -December of 2009. As of that date, they had completed and open to traffic the roadway portion of North Bayshore Drive. The bonus that we negotiated for $59, 000 is based on the value of the work that they had completed as of that date. So 59 -- 60,000 out of 76 is approximately 80 percent of the work, I would say, was completed and in place. Commissioner Sarnoff. But when was the completion date? City ofMiami Page 40 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Mr. Sosa: Oh, they -- I'm sorry. Commissioner Sarnoff. That's all right. Mr. Sosa: They didn't do their final lift of asphalt until the third quarter of 2010. I don't have the exact date, but it was approximately September of 2010, once the Women's Club work was complete. Commissioner Sarnoff. The Women's Club work was not foreseeable that it was going on at the time? Mr. Sosa: It was not foreseen by the contract documents. I don't know if it was foreseeable. I'm not sure. But it was not foreseen in the contract documents. Commissioner Sarnoff. All right. And FP&L, I -- one of your -- your June 5, 2009 e-mail indicates that FP&L took some period of time to put it in a queue so that in January 2010, they would start doing the work. Mr. Sosa: That's correct. My understanding of the issue at the time was FPL did not begin the work until January of 2010, which precluded the contractor from physically being able to complete their work. Commissioner Sarnoff. Now you andl have an experience, pink wall phase one and -- well, you did not do phase one. Pink wall phase two. We had to wait for the utility companies to move the utility poles, right? Mr. Sosa: That's correct. Commissioner Sarnoff. It was a long, arduous process, right? Mr. Sosa: Correct. Commissioner Sarnoff. They do it -- it's some degree of prodding from the City, but pretty much at their own schedule. Mr. Sosa: That's correct. Commissioner Sarnoff. So would you say it is foreseeable that we have little control over FP&L? Mr. Sosa: I would say that from my experience we know that there's -- that utility companies will take the time that they take on their schedule to do the work. We try and coordinate it as best we can ahead of time to preclude this type of impact. Commissioner Sarnoff. So was it foreseeable when this contract was entered into that FP&L was going to need to do some work or was that added? Mr. Sosa: It was not added work. It was originally contemplated. I don't believe that the contractor could have taken into account the fact that FPL would be delayed beyond -- you know, there's a reasonable period under which FPL could have been expected to do their work. The fact that they didn't start until six months after they were basically told to start, that to me is a bit longer than what -- you know, you can anticipate a week or two, some sort of friction, but six to eight months is more than what would consider foreseeable. City ofMiami Page 41 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Commissioner Sarnoff. Well, I'm curious why you say that because when you and were working on pink wall phase two -- I'm not even sure it's even done. Well, no, you're right. It is done for the past three weeks. But we were waiting on a utility company on the very south end of that wall -- Mr. Sosa: Correct. Commissioner Sarnoff. -- for at least four months. Mr. Sosa: That was a unforeseen utility. AT&T (American Telephone & Telegraph) did not identifi, the fact that they had a buried fiber optic there, even unto themselves. So that was not discovered until we actually physically broke ground and found it and we had to step back and allow time for that fiber optic, which feeds the Coconut Grove area, to be relocated. So that one was an unfore -- in the words of some bigger folks than me, an unforeseen -- or unknown unknown, I guess. Commissioner Sarnoff. All right, so just so I educate myself for the period that I'm here, so an unforeseen means something that is not on some surveyor's map? Mr. Sosa: That's a case of an unforeseen, yes. Commissioner Sarnoff. In other words, Johnny Martinez can't say I'm looking at this map, Commissioner. There's a fiber optic right down here because I have a fiber optic survey andl know there's one down here. So AT&T did not have in their fiber optic surveys that they had a fiber optic cable down there? Mr. Sosa: They ended up -- it ended up that they did have it; it just wasn't flagged for that location. So when you pull the records for that location, it doesn't show up. It wasn't until it was discovered in the field that they did some research. It took them about two weeks to come back and tell us, yes, that is our fiber optic line and it is down there. Commissioner Sarnoff. All right. So then -- so -- all right, so I'm just trying to use a parallel track of building experience that I've had. So what you're saying then is we can anticipate one - to two -week delays from FP&L, but we should not anticipate six- to seven -month delays from FP&L? Mr. Sosa: That would be my opinion, yes. Commissioner Sarnoff. Okay. Johnny Martinez (City Manager): May -- Commissioner Sarnoff. And that -- Go ahead. Mr. Martinez: -- I add something to the conversation? Normally when we put a bonus is because it benefits the City. There's a cost benefit analysis. And we put a milestone and a monetary amount assigned to it because we say to ourselves, I'd rather pay $50, 000 more to open this lane up on time than wait, and it benefits the City and the people. I think what we really need to ask ourselves is did the contractor invest more time and resources and pay overtime to try and reach that milestone and then we stopped them dead on his track and said, you know, you know, you know what, stop right here. It's actually more important that you go do work over here at the CRA and that type of thing. Another thing that we can do in the future if we're going to put bonuses and that type of thing is have no excuse bonus. It doesn't matter whether it's the weather, utility, or anything else. If they meet it, fine; and if they don't, so be it. But I think the question we need to ask ourselves, were resources invested by the contractor to City ofMiami Page 42 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 meet that milestone and then we stopped them -- we interfered with him reaching that goal. Commissioner Sarnoff. And I'm not suggesting you're wrong. Is it all right to continue? Chair Gort: Go right ahead. Commissioner Sarnoff. And I'm not suggesting you're wrong by any stretch of the imagination. What I'm trying to figure out, what was foreseeable to a contractor at the time he enters into a contract of what I would call unforeseens. So I've now learned that we can expect one- to two -week delays from FP&L, maybe a little longer for other utility companies because they don't have such a, I don't know, robust workforce. And the thing that maybe I say a little differently than our City Manager is I don't want to be a city that nobody wants to do business with. I don't want to be a city that enters into contracts and then private development says I think have a term that can live with, andl meet that term, I bear expenses, I bear labor costs, I bear -- and he should get a profit from it as well for making a milestone. What I just want to make sure of is that -- not while you were here, Mr. Manager, but a lot of times -- and not while you were here, Mr. Sosa. There were a lot of verbal statements made to people that they lived by that were not proper change orders, that were not things that this Commission should vote on, that when you andl or anyone else does a project, I know you put in 5 percent contingencies and you may even put it a little higher so that you make sure that you're within your budget and it gives you a little latitude and flexibility. But when you go outside that budget, something has gone wrong. Having understood this a little bit better, I'm going to make a motion to approve this based on the fact that want the private sector to do business with the City ofMiami andl want them to know that we're a reliable partner. Chair Gort: It's been moved. Is there a second? Moved by Commissioner Sarnoff, second by Commissioner Suarez. Further discussion? Commissioner Suarez: I will second it for discussion. Chair Gort: Go ahead. Commissioner Suarez: Thank you, Mr. Chairman. You know, this whole thing has given me heartburn from day one, you know. Andl have to commend the Administration and Mr. Sosa for, you know, sticking with me and trying to debate it and explain it and go through the language of the contract. It's a very, very tough one for me. You know, the way I see it -- andl understand Commissioner Sarnoffs argument and it's a good argument. We don't want to be seen as an entity, as a city -- andl think, you know, Mr. Sosa made that argument in our briefing, you know -- that is, you know, not one that's good to do business with. At the same time, you know, we have, as Commissioner Sarnoff stated, a situation where the contractor didn't meet the date, didn't meet the scope, didn't follow the contract's proper procedures -- I'm sorry, didn't follow the contract, didn't follow proper procedures at the Commission level to get approvals of the changes, relied on oral representations, and you know, there may be a detrimental reliance argument if there were costs incurred as a result of those representations, and obviously, they would have to prove in court that those representations were made. Most of the people who are -- were involved in this process at the time are no longer with the City of Miami, so it's impossible to have firsthand knowledge, you know, as to what exactly happened. It's a tough one for me. It's -- obviously, it comes out of a B number, which, you know, really, you shouldn't apply less scrutiny because it comes out of a B number but it doesn't affect the general funds of the City ofMiami and that does, you know, influence me to some degree. It's a tough one for me. It really, really is a tough one for me. I don't know -- maybe ifI listen to the Chairman or someone else -- I don't know. I'm on the fence on this one. Chair Gort: Let me tell you. One of the problems that we had when we came in here, there was a lot of contracts that people went on their own and started doing things that shouldn't have been City ofMiami Page 43 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 done. And can tell you since we been here, some of those have not been paid and will not be paid because they were not given the authority to perform what they did perform, so they were not paid. From what I read and the meetings that I've had, my understanding is these individuals were ready to finish on time, but they was requested by several institutions or individuals to stop. If it wasn't because of this, they would have stopped -- they would have finished on time. Now my understanding is you have the ability to reduce the original whatever you call it, the -- Mr. Sosa: Bonus payment, yes. Chair Gort: -- bonuses amount, you have been able to reduce it quite a bit. So for that reason, I don't have any problem with this. At the same time, one of the things that we have requested of our Administration is any time we going to do any public work or any work in the public facilities or in the public roads, we need to coordinate it with all the utilities. The reason being here we go, we do a whole street. All of a sudden, three month later after we finish doing a whole street, here comes FP&L or Water & Sewer and they start digging out and that doesn't work for the benefit of anyone. So one of the things we have done that from now on all those efforts will be coordinated, not only with all the Administration, but at the same time, all the entities that would have anything to do within that street to avoid this type of things. Commissioner Suarez: Mr. Chairman, ifI may. Chair Gort: For that reason -- Yes. Commissioner Suarez: Thank you. I think you've kind of -- you and Commissioner Sarnoff have kind of tilted me back in the other direction. Basically, you know, the fear that I had, Commissioner Sarnoff, is I didn't want to send also the wrong message, which is that you don't follow procedures, you don't follow a contract, you rely on oral representations and you're going to get paid, you know, andl think we as a Commission have gotten away from that. We've changed the way that we operate. I know for a fact that the Administration and Director Sosa have, you know, ushered in an era of accountability and an era of proper documentation, so I think we've changed the culture of the way that department runs. I know that there's some debate as to what I said in the first reading of this ordinance, whether I asked the Administration to go back and negotiate or whether I was just adamantly opposed to it. They have reduced the amount substantially. And one of the things that I told Director Sosa was, you know, to the extent that this, you know, is payment for cost that they incurred in reliance on some of the representations that were made, I think it's fair for them to be compensated for those costs. So I will reluctantly support this item on the basis of the confidence that have in all the people who support it. Chair Gort: Thank you. Commissioner Sarnoff.. You know -- Chair Gort: Yes, sir. Commissioner Sarnoff.. Mr. Chair. Commissioner, we've come a long way. I was -- to give you a perspective. I was at a groundbreaking of what was going to be Dorothy Quintana Park or the recreational center and a comment was passed by a very high-ranking elected official. This would be great if this was a T,FEDs (Leadership in Energy and Environmental Design) building. Well, I think it was 4 or $500, 000 later it became a LEEDs building without anyone having budgeted for it or having any kind of real knowledge on how it was going to be paid for. That was a culture that existed here at that time. Andl think Mayor Regalado might have been there andl think we both kind of scratched our heads. Because I was really big on LEEDs. He -- I didn't know where he stood on it, but I couldn't believe we were about to have a LEEDs building just by a person's say-so. So I think we've come a long way from that. City ofMiami Page 44 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 RE.2 11-01079 Department of Capital Improvements Program RE.3 Chair Gort: Thank you. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Commissioner Suarez: Reluctantly. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING FUNDS IN AN AMOUNT NOT TO EXCEED $48,000, CONSISTING OFAGRANTAWARD FROM THE MIAMI-DADE METROPOLITAN PLANNING ORGANIZATION, FOR THE PREPARATION OF A BAYWALK ACTION PLAN: IMPLEMENTATION, RESTORATION AND TECHNICAL SOLUTIONS STUDY; AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCALAGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; ALLOCATING THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $12,000, FROM CAPITAL IMPROVEMENTS PROJECT NO. B-30645D. 11-01079 Summary Form.pdf 11-01079 Legislation.pdf 11-01079 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-11-0505 Chair Gort: Okay, next is RE.2. Albert Sosa: Albert Sosa, director of Capital Improvements. This item is a resolution accepting grant funds from the Miami -Dade Metropolitan Planning Organization for the preparation of a baywalk action plan, implementation, restoration and technical solutions studies. The MPO (Metropolitan Planning Organization) is granting the City $48, 000 and the City is matching with $12,000 -- Commissioner Suarez: Move it. Mr. Sosa: -- to -- Chair Gort: It's been moved -- Commissioner Sarnoff. Second. Chair Gort: -- by Commissioner Suarez, second by Commissioner Sarnoff. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION City ofMiami Page 45 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 11-01082 Department of Solid Waste RE.4 11-01083 Department of Solid Waste A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RESPONSES RECEIVED JUNE 30, 2011, PURSUANT TO INVITATION FOR QUOTATION NO. 273256, ISSUED IN ACCORDANCE WITH SECTION 2.29 OF REQUEST FOR QUALIFICATIONS NO. 222246, AS AUTHORIZED PURSUANT TO RESOLUTION NO. 10-0419, ADOPTED SEPTEMBER 23, 2010, FROM THE VARIOUS ADDITIONAL QUALIFIED PROPOSERS, AS IDENTIFIED ON "EXHIBIT A", ATTACHED AND INCORPORATED, TO PROVIDE COMMERCIAL SOLID WASTE HAULING SERVICES WITHIN THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO EXECUTE NON-EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID PROPOSERS, FOR AN INITIAL CONTRACT PERIOD OF FIVE (5) YEARS, WITH OPTIONS TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS. 11-01082 Summary Form.pdf 11-01082 Letter - Request for Qualifications.pdf 11-01082 Legislation.pdf 11-01082 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-11-0506 Chair Gort: RE.3. Keith Carswell: Good morning, Commissioners. Keith Carswell, director with Department of Solid Waste. RE.3 is to add three additional firms to the City ofMiami commercial solid waste franchise. Commissioner Suarez: Move it. Commissioner Sarnoff. Second. Chair Gort: It's been moved by Commissioner Suarez, second by Commissioner Sarnoff. Any further discussion? Being none, under discussion. I want you to know the -- I received a memo that it was sent by the Chief of Police and yourself. You're all working together to do away with the -- a lot of illegal dumping that is taking place, so I really appreciate that. I think teamwork is one of the main things we need do things. Andl wanted to state my thank you to your department. Every time we call with a complaint, you guys are right there to take care of it. Thank you. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED SEPTEMBER 12, 2011, PURSUANT TO INVITATION FOR BID City ofMiami Page 46 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 NO. 267267, FROM MIKE DAVIDSON FORD, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROCUREMENT OF FIVE (5 ) RUBBISH TRUCKS FOR THE DEPARTMENT OF SOLID WASTE , FORA TOTAL AMOUNT NOT TO EXCEED $409,625, FOR ALL FIVE (5) RUBBISH TRUCKS; ALLOCATING FUNDS FROM ACCOUNT CODE 39000.212000.664000.0000.00000. 11-01083 Summary Form.pdf 11-01083Award Recommendation Form.pdf 11-01083 Tabulation of Bids.pdf 11-01083 Fictitious Name Detail.pdf 11-01083 Detail by Entity Name.pdf 11-01083Addendum No.1.pdf 11-01083 Invitation For Bid.pdf 11-01083 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-11-0507 Chair Gort: RE.4. Keith Carswell (Director, Solid Waste): Commissioners, RE.4 is a purchase of five additional rubbish trucks, which we use to pick up trash throughout the City. Commissioner Suarez: Move it. Commissioner Sarnoff. Second. Chair Gort: It's been moved by Commissioner Suarez, second by Commissioner Sarnoff. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Mr. Carswell: Thank you. RE.5 RESOLUTION 11-01084 Department of Human A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Resources RECEIVED AUGUST 16, 2011, PURSUANT TO INVITATION FOR BID NO. 263247, FROM VARIOUS VENDORS, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, FOR THE PROVISION OF TEMPORARY EMPLOYMENT SERVICES, FOR THE DEPARTMENT OF HUMAN RESOURCES, ON A CITYWIDE, AS -NEEDED, CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS; AUTHORIZING THE ALLOCATION OF FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. City ofMiami Page 47 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 11-01084 Summary Form.pdf 11-01084 Tabulation Bid.pdf 11-01084 Invitation for Bid.pdf 11-01084Addendum No.1.pdf 11-01084 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Note for the Record: For minutes referencing item RE.5, please refer to Order of the Day." RE.6 RESOLUTION 11-01085 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF ALFREDO MENEJIAS, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $97,668, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.524000.0000.00000. 11-01085 Memo - Office of the City Attorney.pdf 11-01085 Memo - Financial Signoff.pdf 11-01085 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-11-0508 Chair Gort: RE.5 was pulled. RE.6. Maria 1 Chiaro (Deputy City Attorney): RE.6 is a settlement of a worker's compensation claim. The details have been -- Commissioner Sarnoff.. Move it. Ms. Chiaro: -- provided to you. Chair Gort: Been moved by Commissioner Sarnoff -- Commissioner Suarez: Second. Chair Gort: -- second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying "aye." City ofMiami Page 48 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 RE.7 11-01086 Office of Grants Administration The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT TOTAL AMOUNT OF NOT TO EXCEED $634,007 IN THE FORM OF A REIMBURSEMENT GRANT ("GRANT") FROM THE CHILDREN'S TRUST ("TRUST') TO THE CITY OF MIAMI'S ("CITY'S") DEPARTMENT OF GRANTS ADMINISTRATION'S EDUCATION INITIATIVES (DEPARTMENT), FOR THE TRUANCY REDUCTION PLAN PROGRAM ("PROGRAM"), AND AUTHORIZING THE CITY'S IN -KIND SERVICES MATCH IN THE TOTAL AMOUNT OF NOT TO EXCEED $5,400 TO FUND THE PROGRAM ADMINISTERED BY THE DEPARTMENT AT VARIOUS ELEMENTARY, MIDDLE, AND HIGH SCHOOLS WITHIN THE CITY; ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "THE CHILDREN'S TRUST GRANT FOR EDUCATION INITIATIVES 2011-2012 TRUANCY REDUCTION PLAN PROGRAM", TO ACCEPT THE GRANT, APPROPRIATING THE GRANT FUNDING IN THE AMOUNT NOT TO EXCEED $634,007, WITH IN -KIND SERVICES TO BE APPROPRIATED BY THE CITY VALUED AT AN AMOUNT NOT TO EXCEED $5,400; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE A CONTRACT WITH THE CHILDREN'S TRUST AND TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANTAWARD FOR SAID PURPOSES, FOR THE PERIOD COMMENCING NOVEMBER 1, 2011 THROUGH JULY 31, 2012, WITH THE OPTIONS TO RENEW FOR UP TO TWO (2) ADDITIONAL SIMILAR PERIODS AT THE SAME NOT -TO -EXCEED AMOUNTS UNDER THE SAME TERMS AND CONDITIONS FOR THE PROGRAM, SUBJECT TO BUDGETARY APPROVAL AT TIME OF NEED. 11-01086 Summary Form.pdf 11-01086 Children's Trust Board Resolution.pdf 11-01086 Legislation.pdf 11-01086 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-11-0517 Chair Gort: RE.7, accepting money Lillian Blondet: Lillian Blondet, director, Office of Grants Administration. This is a program related to truancy reduction, funded by the Children's Trust. It's a partnership between the School Board, the Department of Children and Family [sic], the 11 th Court, with the purpose of reducing truancy and absenteeism in schools. It started in 2008 as a pilot in four high schools in the City that were determined to have very high absenteeism rates, and it has been expanded to 15 schools throughout the City. It serves about 1,500 students. And at the end of this year, it City ofMiami Page 49 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 shows that the students that have participated in the program, their absenteeism has gone down, their grades and the FCAT (Florida Comprehensive Assessment Test) have gone up. And with that, we're recommending that we continue with the program. Chair Gort: Thank you. Questions? Commissioner Sarnoff. I do, Mr. Chair. Ms. Blondet: Yes. Chair Gort: Yes, sir. Commissioner Sarnoff. First off this is like Santa Claus. Nobody can be against this. However, when I asked for what are the deliverables, how does this work, I got an e-mail (electronic). And I got to tell you, Mr. Manager, I'd be embarrassed by the response I got from this e-mail. It doesn't say anything. It doesn't tell me what are the goals. It doesn't tell me -- what are the deliverables? The program is a program to increase school attendance. Studies have demonstrated that students that attend school on a regular basis are less likely to commit crimes and drop out of school. And absence is the first predictor that someone is going on a student -- something going on in a student's life, some of the causes for truancy. Okay, not like I didn't know that. The program is a school, community, and court -based program that wraps services around truant students with those five or more unexcused absences, their families, in an effort to meet their specific needs and remedy the truant behavior. The program is a truancy prevention/truancy intervention and the ultimate goal of performing -- preventing children from reaching truancy. This proactive and comprehensive approach is to improving student attendance and academic performance. My next question, what exactly does each item accomplish? The goal is to reduce the number of students having five unexcused absences. And it goes on and on, but it doesn't tell me this is going to pay for this, this is go to doing this. If we sit up here and continue to accept grant funds, I would -- I'm just curious, is this a pass -through from the City ofMiami? Are we putting money towards this project? You know, I just can't sit up here and not understand what it is we do, how we do it. And showed this to you yesterday and even you said it didn't make sense. Or maybe you don't remember. Andl -- you know, I don't want to be against Santa Claus. I don't want to be against school truancy. But tell me how $634, 007, what does it do, who does it hire, what do they carry, what is their objective? And don't tell me it's just to reduce school truancy. Ms. Blondet: In the backup information for the resolution we have a 2009-2010 analysis of the deliverables. The target is that 70 percent of the kids or the youth will not accrue more than ten unexcused absences within the school year. And that one, there was a goal achieved of 57 percent. The second one was -- they have different cohorts, so it's different levels of absenteeism. Eighty percent of the children -- youth -- Commissioner Sarnoff. See, you're -- and this is a managerial problem. You're stating your goals. You have not described how you're going to reach your goals. It's like premise, conclusion. Give me the discussion. Tell me what it is you're going to do, how many police officers you're going to hire, how many truancy people you're going to hire, how many social workers you're going to hire. They're going to meet with the parents and they're going to hand them a book called Truancy: Let's Stop It. They're going to sit down with them for four hours. I mean, I don't know what it is you're doing. Have I not read something? Am I not getting it? Ms. Blondet: No. You know, they're very valid questions, Commissioner. We mainly -- Chair Gort: Let me make it very simple. The question is, we have "X" amount of officer working in this type of schools. City ofMiami Page 50 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Ms. Blondet: We don't have any officers. Chair Gort: Whatever you use. Ms. Blondet: Okay. Chair Gort: However you employ the individual to do your goals, your goals -- the answer back to us it should be we have these individuals performing this type of duty in this schools that have had so many meetings, and thank you to this meeting and this education with the parents and the schools, they were able to reduce truancy by so many percent. Before this program, this is what was happening in this school. After this program and all this work that has been done, this is what's taken place. Commissioner Sarnoff. And Lillian, candidly, I was told that we're the middleman. And if we're the middleman, why are we the middleman? The agency that I understand is really doing the service, why aren't they getting the funds directly? And then why does the City have to add $5, 400 of in -kind services? You know, if the goal of government in the future is to stop creating bureaucracy and creating levels and layers, why are we middle -manning this? What is our purpose? What function do we serve? Ms. Blondet: We are basically coordinating all the services between all the different organizations, but if it's the will of the Commission, we can look into just having the School Board being the lead on this program. Vice Chair Carollo: They should. Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: I'd like to add to what Commissioner Sarnoff was saying. The question I have is, if the funds are not used appropriately, who's liable? Is the City liable? Ms. Blondet: It is, yes. Vice Chair Carollo: And that's my issue with this because, you know, what I learned when I first got on the dais is that, you know, all this money that we receive grants from here, grants from there, it sounds great, like no one could be opposed to this. However, I have seen on several occasions where the grants were not used properly and guess what? It had to come out of our coffers from the general fund to pay back. So that's the issue that I have, you know, pigtailing [sic] on what -- fishtailing [sic] on what Commissioner Sarnoff is saying. My issue with it is the liability. If realistically, you know, there's any chance of these funds not being used appropriately, and then we're liable, that's where I, you know, want to caution and, you know, mention it to the Administration. Thank you. Chair Gort: Yes, sir. Okay. Well, I think the suggestion is if we're not doing the program ourself [sic] and we have certain liability and we don't have responsibility for it, why can't we -- this money be given directly to the School, let the School run it? I think that's what we're saying here. Johnny Martinez (City Manager): Is it time sensitive now, Lillian? Ms. Blondet: The program, yes, it is. Mr. Martinez: It is time sensitive? Ms. Blondet: Yes. We can delay it. City ofMiami Page 51 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Commissioner Sarnoff. Show me a document that says it's time sensitive. Ms. Blondet: The program -- the last contract expired in November 30 and this will start -- it expired October 31, so this one was to start November 1. But we can delay the services. Commissioner Sarnoff. Well, in the first place, apparently the services have been delayed because this is December 15, so I guess they missed November and they missed half of December, which brings up if you're middle -manning, you're not even doing a very good job of middle -manning. You know, I sort of -- you know, I don't know how anybody would take to this issue, but as Commissioner Carollo is saying, we take in an enormous amount of money and I'm just curious why it is we become liable for money that others are administrating, and he's right; inevitably, if it's done wrong, it hits the general fund and it's an unforeseen -- or maybe it isn't unforeseen, but it will become an unforeseen when it comes budgetary process. You know, I don't want to delay anybody, butt hate when somebody comes to me and says, if you don't pass this today, there's going to be more starving kids on the street 'cause that's a hell of a place to put a Commissioner. I think it's unfair of the Administration to do that and I think you should also take notice of the fact you're 45 days late. Ms. Blondet: Unfortunately, we also got the funding notification a little bit late, so with the timing issues, this is the earliest we could bring it to Commission. But I understand your concerns and, you know, we can look into changing this arrangement that we have. Chair Gort: This funding comes from the Children's Trust? Ms. Blondet: Yes. Chair Gort: And the applications go in about a year ago, six month ago, something like that? Ms. Blondet: This is a pilot program. Chair Gort: This is a new program? Ms. Blondet: It's been in -- I think it started in 2008 so it doesn't go through a regular application like we did with the other ones. This is a separate program. Chair Gort: And reading here, it's the Mayor's program? Ms. Blondet: It was under the Mayor's -- yeah, it's Mayor's initiative programs, yes. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: How long is a pilot program, since 2008? Ms. Blondet: They've had it since 2008 and it started in the high schools and now they offered it in intermediate schools and elementary schools also. Vice Chair Carollo: So how long is it going to be a pilot program? Ms. Blondet: I'm not sure. I can find out for you, sir. That's a Children's Trust decision. Vice Chair Carollo: You know, and listen, my intention is not to jeopardize any grant funding nor is it to jeopardize any programs that you have. It's just, you know, some assurance -- I'd like City ofMiami Page 52 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 to get some assurance that if someone else is administering this incorrectly or at least the -- what they're using it for is something inappropriate, I don't want to be on the hook for it. I don't want to be liable for it. And that's the only issue that I'm bringing up. So I would like some assurances that there are certain quality reviews, quality controls so, you know, issues like that won't be raised or will happen, and then, you know, the City, out of the blue, you know, has to pay "X" amount from the general fund. That's what I'm bringing up. Chair Gort: Now my understanding, this is a reimbursement grant. Ms. Blondet: That's correct. Chair Gort: In other words, we have to put the money upfront and then we get reimbursed. We get reimbursed according to the documentation that's provided to the Children [sic] Trust. Ms. Blondet: That's correct. Chair Gort: How far behind have we been in reimbursement? Ms. Blondet: We are behind in reimbursements because the contracts are not executed yet. Chair Gort: And we have fronted the funds already? Ms. Blondet: We have -- no, we just haven't paid -- we haven't been able to process payments. Chair Gort: Okay. Now, the persons performing or the agency performing the services, it reports to you? Ms. Blodnet: Yes. Commissioner Sarnoff. Who is it? Chair Gort: Who's performing the services? Ms. Blondet: The School Board, the 11 th Judicial Court, and there's another entity that also provides some services. Those are the main vendors that get paid through this contract. Commissioner Sarnoff. How could a school board -- I'm just curious -- not want to take Children's -- I mean, is there a law against it? Is there a policy against it that the School Board, who is going to make sure that their children are not truant, in concert with the 11 th Circuit Judicial -- 11 th Judicial Circuit -- I'm just curious how the City ofMiami got involved in this or why we got involved? Ms. Blondet: I can do the research and find out why we were the lead company -- I mean, the lead entity on this. Commissioner Sarnoff. Is there any bar that you know of why the School Board would not be a proper recipient of these grant funds or even why the 11 th Judicial Circuit wouldn't be a proper recipient of these grant funds? Ms. Blondet: I would have to find out for you. Commissioner Sarnoff. It seems like you're taking on an obligation that you know nothing about, that you have a manpower shortage because you've told us a moment ago that you're delinquent on certain issues, and I'm assuming that's because you're overworked. City ofMiami Page 53 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Ms. Blondet: No. We haven't gotten the contracts approved and the budget, so it's been on both sides -- Chair Gort: Okay. Ms. Blondet: -- the Children's Trust -- Chair Gort: The question is, this is the contract that been establish since 2008? Ms. Blondet: This con -- this program started in 2008. Chair Gort: And we were a part of that in 2008? Ms. Blondet: Yes. Chair Gort: Okay. And you inherit this when? Ms. Blondet: Yes. This last -- I think it was December last year, about a year ago. Chair Gort: So you had this for a year? Ms. Blondet: Yes. Chair Gort: Okay. Ms. Blondet: We can, you know, continue it till January, and then we can provide the answers on this program. Commissioner Sarnoff. Okay. Chair Gort: I think the question is why do we -- I think the question has got to be answered by the Children [sic] Trust of the reason it's going through the City ofMiami. Since the City of Miami is one of the individuals paying taxes to maintain the Children [sic] Trust, maybe that's why -- the reason they're bringing it through the City ofMiami instead of going directly to the school system. That's one of the questions that need to be answered. At the same time, my understanding, circuit court and the school system are working the program. I know -- I look at all the details and information you have put here, which is -- but you've seen the questions that have come from the Commissioners over here, so we would like for you to brief the Commissioners, each one of us -- Ms. Blondet: Okay. Chair Gort: -- and let us know where we're at. Luis Cabrera (Assistant City Manager/Chief of Operations): Commissioner, with all due respect, can we table this item 'til this afternoon? Let me get -- Chair Gort: And excuse me, who are you? Mr. Cabrera: Assistant City Manager Luis Cabrera. Chair Gort: Thank you. Mr. Cabrera: Thank you, sir. Can we table this 'til this afternoon so we can provide you the answers? City ofMiami Page 54 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Chair Gort: I don't have any problem. Mr. Cabrera: I want to make sure that we don't put off the item just in case -- you know, for the fact that it's a reimbursable grant and right now we're -- Chair Gort: Yeah. You better get all the questions. Mr. Cabrera: I will. Chair Gort: 'Cause we have put money in front. Yes. Mr. Cabrera: Yes, sir. Thank you. Chair Gort: Thank you. RE.8. Priscilla A. Thompson (City Clerk): I'm sorry, Chair, you continued? Oh, it's tabled. Commissioner Sarnoff. Tabled. Ms. Thompson: Thank you. Chair Gort: Continued to this afternoon -- tabled for the -- RE.8 RESOLUTION 11-01081 Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Waste RECEIVED SEPTEMBER 1, 2011, PURSUANT TO INVITATION FOR BID NO. 274253, FROM DRC EMERGENCY SERVICES, LLC, BYRD BROTHERS EMERGENCY SERVICES, LLC, AND CROWDER-GULF JOINT VENTURE, INC., THE THREE (3) LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, FOR EMERGENCY DEBRIS REMOVAL AND DISPOSAL SERVICES, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR THE DEPARTMENT OF SOLID WASTE, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 11-01081 Summary Form.pdf 11-01081 Award Recommendation Form.pdf 11-01081 Tabulation of Bids.pdf 11-01081 Detail by Entity Names.pdf 11-01081 Addeendum No. 3 & 4.pdf 11-01081 Award Sheet.pdf 11-01081 City of Miami Debris Management Plan .pdf 11-01081 Addendum No. 1 & 2.pdf 11-01081 Invitation for Bid.pdf 11-01081 Legislation.pdf 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 Suarez Absent: 1 - Commissioner(s) Spence -Jones City ofMiami Page 55 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 RE.9 11-01134 Department of Purchasing RE.10 11-00754 R-11-0509 Keith Carswell: Commissioners, Keith Carswell, director of the Department of Solid Waste. RE.8 is a contract we hope not to have to use because it would mean that we had some type of natural disaster. It is for debris removal as well as disposal of debris in the event of a natural disaster such as a hurricane. Commissioner Sarnoff. Move it. Chair Gort: It's been moved -- Vice Chair Carollo: Second. Chair Gort: -- by Commissioner Sarnoff, second by Vice Chairman Carollo. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Mr. Carswell: Thank you. Chair Gort: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CHIEF PROCUREMENT OFFICERS RECOMMENDATION TO DENY THE PROTEST OF ACTION COMMUNITY CENTER, INC., AND TO UPHOLD THE CITY MANAGER'S RECOMMENDATION OF AWARD MEMORANDUM DATED AUGUST 10, 2011, TO AWARD THE PROCUREMENT OF ON -DEMAND TRANSPORTATION SERVICES TO TRANSPORTATION AMERICA, INC., THE HIGHEST -RANKED RESPONSIVE AND RESPONSIBLE PROPOSER IN RESPONSE TO REQUEST FOR PROPOSALS 274276 11-01134 Summary Form.pdf 11-01134 Legislation.pdf 11-01134 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Note for the Record: Item RE.9 was deferred to the February 9, 2012, Miami City Commission Meeting. Department of Capital Improvements Program RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH TRANSPORTATION AMERICA, INC., IN SUBSTANTIALLY THE ATTACHED FORM, TO OPERATE City ofMiami Page 56 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 RE.11 11-01094 Department of Management and Budget AN ON -DEMAND TRANSPORTATION SERVICE THROUGHOUT THE CITY OF MIAMI ("CITY") FOR THE LOW INCOME ELDERLY AND/OR THE DISABLED, FOR THE INITIAL ONE YEAR TERM, IN THE AMOUNT NOT TO EXCEED $249,857; ALLOCATING FUNDS FROM THE CITY'S SHARE OF THE TRANSIT SURTAX. 11-00754 Summary Form.pdf 11-00754 Legislation.pdf 11-00754 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Note for the Record: Item RE.10 was deferred to the February 9, 2012, Miami City Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $100,000, FOR IN -KIND SERVICES ASSOCIATED WITH THE 2012 THREE KINGS PARADE BEING HELD JANUARY 15, 2012; ALLOCATING FUNDS FROM THE NON -DEPARTMENTAL ACCOUNT FESTIVALS RESERVE CODE NO. 00001.980000.548000.0000.00000. 11-01094 Summary Form.pdf 11-01094 Legislation.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Noes: 1 - Commissioner(s) Sarnoff Absent: 1 - Commissioner(s) Spence -Jones R-11-0510 Chair Gort: RE.9. Commissioner Suarez: That's been continued. Chair Gort: RE.9 -- Vice Chair Carollo: RE.9I think -- Chair Gort: -- is continued? Vice Chair Carollo: -- was continued. Commissioner Suarez: RE.9 and 10 was Accion, yeah. Chair Gort: Right, 9 and 10 continued. RE.11. City ofMiami Page 57 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Commissioner Suarez: Move it. Vice Chair Carollo: Second. Chair Gort: It's been moved and second. You want to read it? Commissioner Sarnoff. Wait. I'm going to have a discussion on it. Chair Gort: Discussion. Commissioner Sarnoff. This is probably what I'd call political suicide so I'll do it right here because somebody can then use this against me in any campaign I ever do in the future for whatever, but this is my premise and this is my position. If the private sector cannot pay for the in -kind services necessary to have a parade, you may want to ask yourself why or if there is enough of a need -- or enough of a need to have that particular parade. I continue to say this and I'll say it one more time so I'm clear on the record when the no vote comes. I'm more than willing to put $1, 000 of my own money andl will fundraise $10, 000 for both this parade as well as the Martin Luther King parade, but I just don't think it's an appropriate use of government services to promote a particular parade or particular issue. Andl think it's incumbent upon the private sector to come up with its own funding and its own resources to pay for the closure of the street and the necessary services in there. I understand the cultural issue. I understand the cultural issue's important, but if it is so important, it's an issue that should be borne and should be enjoyed and should be promoted by the private sector. I just question government's role and especially in resource times like this when we turn around and put $100, 000 towards this parade, $35, 000 towards the Martin Luther King parade, so I'm not drawing any distinction or difference between one parade -- by the way, it could be the Israeli parade for all care. I would make the exact same statement, the exact same position. Andl would equally suggest to them thatl would fundraise for them. So when I vote no on this, I want to be very, very clear. Philosophically, I just ask myself the question, what is government's role? Andl don't think it's government's role to put parades on when the private sector has not demonstrated its own ability to put the necessary parade on. Andl don't think anybody can say this is economic development because I really would -- I would more than be willing to debate anyone on the guy sitting on the side of the road that's going to sell water or any kind of trinket because then I would ask if there 's BTRs (Business Tax Receipts) were created, andl would suspect there would not be BTRs created. So it's really a policy decision I think that's going to be borne on the heartstrings of Commissioners and not necessarily on fiscal responsibility. Thank you. Chair Gort: Thank you, sir. Commissioner Suarez: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Suarez: Thank you. You know, this is an item that I think created heartburn in last year's budget because I think there were some in -kind services that were purportedly paid without Commission action. Andl think we -- my recollection of it is we discussed this during the budgetary process. We digested it, chewed it, and included it in our budget as a means of you know, doing it the right way this year rather than be surprised like we were last year to find out that the Administration had paid for some of these things without the approval of the Commission. You know, these -- by the way, I don't have any parades in my district so I'm not being protectionist when it comes to this. But these parades -- and you know, it's important for me to say because there are some things that a certain district doesn't have that much of and that's why we're a city and not five different cities because there are times when I don't have something and someone else does, et cetera, et cetera. But you know, these parades -- we provide services as the City ofMiami. That's the main thing that we do; fire, police, solid waste. City ofMiami Page 58 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 But these parades signift, the culture that we have in the City ofMiami, not just Hispanic culture, but African American culture and other cultures. And it would be tragic if they could not continue because, you know, we, in a $500 million budget, couldn't find, you know, $130, 000 to do it. I very much appreciate and would support and would also pledge to raise money privately for these parades. There's two problems with that. Number one is even ifI met your pledge, we'd still be $120, 000 short. That's number one. Number two, we have a timing issue, which is it's hard to raise that kind of money in, you know, the small window that we have to get it done. And you know, there's just not -- there just doesn't seem to be enough of us. By the way, you know, this kind of issue is going to continue to recur, maybe not in this particular context, but you know, with social services. We went up to Washington, D.C. (District of Columbia) last week and we have -- we're going to have a huge social services deficit. Can we go to the public -- the private sector and try to raise that money? I don't think so. It's -- you're talking somewhere in the vicinity of $400,000, you know. And how much can we rely on the private sector to make up for these deficiencies? You know, I understand your objection to it because I had an objection to, you know, the fee, you know, the building fees, andl didn't get a chance to say there that -- andl'm sorry for getting a little bit off topic, Chairman. If you would just permit me a little bit of latitude. You know, I didn't vote against it because -- or I didn't [sic] not second it because I was in any way, shape or form not in agreement with the Administration's efforts in that -- on that item. They bent over backwards with our office to try to convince us of the wisdom of the item. Andl don't think it was necessarily a bad item for today in terms of changing those fees, but it was definitely a bad item for the future in terms of what kind of an impact it was going to have on our residents. So thank you for letting me have that little digression. But in any event, I think we -- this happened -- ironically, I didn't vote in favor of the budget, so -- but this was discussed, debated, included in the budget that was approved, so this is just an allocation of a budgetary item that we already -- and by the way, we talked about this specific parade, and we talked about the other specific parade that we have afterwards. And we, as a body, I think agreed at that time that we were going to make that allocation but -- Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Thank you. I think a lot of the discussion we had in the last Commission meeting, in your question as far as what's government's purpose, I think Commissioner Suarez mentioned is to provide service. And then we could get into any type of debate of what is services. I mean, this could be viewed as service. You know, you even mentioned as far as what do we get for this type of money, andl mentioned as far as the intangibles, the culture. And yes, it was in the budget. As a matter of fact, what -- the reason we put it in the budget so there wouldn't be any surprises because in the past, some things the Administration backed, some things they didn't, and we wanted to actually be as transparent as possible, and we actually allocated monies for these events and we specifically said what events, you know, were, and the budget was approved; without my vote, but the budget was approved. You know, pretty soon we're going have to make some tough discussions with regards to services. Is services providing food to the elderly? We're going to use general funds dollars for that. Is services providing child care, you know, so working families could go out there and earn a living? You know, is that services? And I've mentioned in the past, in the last discussion, you know, services -- come Fourth of July, we have a big fireworks show. Come New Year's, we have a big fireworks show also, and that's providing services. And it's to a point where, you know, the residents expect these services from us. Right now there's a lot of need, there's a lot of funds that are not available for entertainment. So the less affluent go to parks, libraries, and seek other means to entertain and this is one way. I mean, this is a parade that by the way has shrunk, at least the Three Kings parade -- since over 40 some years ago, it has shrunk from 4th Avenue to 27th Avenue to 4th Avenue to 17th Avenue. Why? To reduce the cost. Now I would even argue as far as $100, 000 if it's really that amount. Because it's not like we're writing a big check, here's $100, 000. No, we're saying how many cops does it really take to patrol those streets, you know. City ofMiami Page 59 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 I don't know about that estimate. We're using that estimate that has grown quite a bit, you know. How many firefighters does it take, you know? So, even those amounts, it's not like we're writing one big check, here you go. No. We're saying how many cops does it really take to be there and guard the streets? How many firefighters does it take? Solid waste afterwards and the barricades? You know, that's the cost that, in a way, it's a service we're providing. And since we're saying it's outside of the normal day-to-day operation that the City does, you know, it's a parade, well, you know, we shouldn't pay for this. The private sector should pay for this, you know. And in all fairness, we're not paying for the whole parade. They're paying a big chunk of the parade. They're just asking for some assistance. And again, we can even argue as far as the amounts if there really is 100, 000, if it really is 35,000. 'Cause I'll venture to say I think the City, if we really wanted to, could do it for a lot less. Thank you. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff. Can I just rebut a few things -- Chair Gort: Sure. Commissioner Sarnoff. -- to the colleagues to my right, who really should be to my leftl think sometimes. No pun intended. If in fact, what you're saying is that -- and think we all know that there has been numbers as high as 38 percent decreases in what we likely will be social service money and we then translate that into money that would be less for the elderly to feed -- and by the way, why we have such a big group of elderly is because we're an immigrant town and they haven't paid requisite social security benefits, so they get the lowest number there is. We, like Los Angeles, are a community that have an enormous amount of elderly needs, so that's a given. But if in fact what you're saying is true, then I suggest to you what we should be doing as opposed to having a two- or three-hour parade is we should be devoting the $230, 000 to make sure we can feed the elderly to stave off anybody who is hungry 'cause it's a priority. Just like when the Titanic was going down, that captain had to prioritize, and he had to decide, women and children first. And he let -- said the men, you're going to have to wait. Well, in a budget year, it is like the Titanic and you have priorities. And what this Commission is doing is you're setting a priority of a two- or three-hour parade. I believe parades are nothing more than market -driven issues andl believe the market sets the size, the robustness, and the necessary services associated with parades. If the market doesn't call for it, then no private sector person will step up there. And if government steps up on their behalf then there's no need for the private sector to step up and provide what I consider to be an unessential service. So I suggest to you if you just think of the logic of what you're talking about, logic dictates that we start preserving these funds so that we can feed the elderly because that is a 365-day issue versus a two- or three-hour issue. Thankyou. Commissioner Suarez: Mr. Chairman, ifI may. Chair Gort: Thank you. Yes, sir. Commissioner Suarez: Thankyou. I'd like to rebut the rebuttal. Chair Gort: Okay. Commissioner Sarnoff. Surrebuttal. Commissioner Suarez: Surrebuttal, exactly. Chair Gort: Two attorneys. I'm going to be a judge. You're going to get one more and that's it. City ofMiami Page 60 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Commissioner Suarez: Yeah, yeah, yeah. Just two very brief things. One is I think we're going to have to do both. I think we're going to have to -- andl agree with you, it is a priority. IfI had to prioritize one or the other, I would definitely prioritize the meals. And by the way, one of the other reasons I didn't vote for the budget was because there was a discussion about $250, 000, whether it should go into our reserves or whether it should be put in a reserve for the deficiencies that we were anticipating, and this body decided that it should go into our general fund reserves rather than going into, you know, a reserve for the social service meals. So to a certain extent, I think the policy decision was made at that point. I think we can readdress it andl think we should readdress it, andl would certainly urge us to do that because you're absolutely right, you know. But I think something that the Vice Chairman said really struck a chord with me, which is that, you know -- andl know you voted against this so, you know, certainly you're not responsible, but we just, you know, voted to finance $90 million of a parking garage that, you know -- for people who may never be able to afford to go to a baseball game, you know. Professional sports are becoming more and more corporate and expensive, and it makes it less and less likely that a large portion of our City can actually attend any of those games. So for us to give $90 million to a franchise, forget about all the other stuff you know, all the other things that come along with that, and not be able to give $100, 000 for an event where, as the Vice Chairman said and he's absolutely right, the poorest members of our community are going to go and enjoy and it's the very little that they have, the very little that we give back to them that's free, that they can come and enjoy, no strings attached, you know, and that it becomes really a part of their life and their culture. Without that, you know -- whereas most people may go on a vacation, you know, that may be their vacation. You know, they can't afford to go on a cruise. They can't afford to go to Colorado. They can't afford to go, you know, to other parts of the country. You know, that is their vacation. That's their leisure, enjoyment. Chair Gort: Thank you. Vice Chair Carollo: Mr. Chair. Chair Gort: Yes. Vice Chair Carollo: Thank you, Mr. Chairman. To add to what Commissioner Suarez was saying, first of all, as far as the meals for the elderly, child care and so forth, that's why, if you remember -- andl received the support of all of you -- over a year and a half ago, I brought a proposal that is actually a solution. It's not, you know, something that I'm complaining about. It's actually -- it was a solution to the cuts in CDBG (Community Development Block Grant) funding, you know. And yesterday, Commissioner Suarez, myself the Mayor, we were able to go up to Washington and speak to various congress people, senators. And again, as you very well stated, yes, there's going to be a 34 percent cut or at least it's estimated to be a 34 percent cut in CDBG funding, which is going to affect our elderly, it's going to affect our children, but we've brought a solution. From the monies that you're giving us, let us have the flexibility. So -- you know, it's not just that we're losing money; therefore we need to use this other pot of money. No, we're addressing that issue. It was addressed a year and a half ago. And we're fighting and continuing to, you know, put pressure as a team up here -- I've received the support of everyone andl think we are going to be successful in the near future. 'Cause as we mentioned to, you know, members of Congress, this is actually a solution. Andl think it's going to actually, which started here in Miami City Hall, going to be mimicked by many municipalities in the near future. So it's not that we're taking from one to give to the other. Second of all, I mean, if we really get into that discussion, there's a lot of -- there's -- I mean, there are so many issues that we vote for, so much funding that we give, that we could say, well, you know, if we wouldn't approve this, we'd have the hundred thousand or whatever it is for this parade or for the elderly. I mean, you can't just now pit the elderly against the parade. There's so much in this city. I mean, you were here a witness. It didn't take me very long to slash I don't know how many hundreds of thousands from our budget, you know, where we were discussing, oh, there's such a deficit, City ofMiami Page 61 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 there's a big deficit. You know, within a few hours, you saw how many hundreds of thousands we had clearly, you know, at our disposal. So I do believe that there's areas to cut. And realistically, we can manage the funds that we have in order to keep, you know, providing these services that we've had for over 40 some years. Chair Gort: Thank you. I'm going to be brief. I'm one of the founders of Carnival Miami, Calle Ocho. And today it's a very successful event which brings millions of dollars to the City of Miami and services that we provide. We have -- would not have been able to do it without the help of government at first. We fund cultural activities. I mean, the museum, I don't know how much we putting into it, baseball stadiums, so government always subsidize when it comes to culture and comes to art. But I also agree with you, I think somehow -- and when we discuss this item last time, I told them we should get the City to get all these groups, put them together, and help them become successful, help them become -- get money from some other places, and help them get sponsorship from the private sector which can be done because we've done it in other activities. At the same time, in looking at the revenue part of it, one of the reasons we brought this surcharge to gated events that takes place in the City ofMiami is to utilize those funds to go ahead and subside these other parades that are not as successful. I mean, there are certain neighborhoods that the private market would not put the money into it for whatever reason and they need to be helped. So I myself would be in favor of this and I'd be willing to work with the -- any of the groups and try to help them to become independent, which I think is very important, the goal of every one of them. So I'm ready for a motion. Motion's been made and a second. Vice Chair Carollo: One last thing, Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: You know, both of these are cultural events. Just think how much money, you know, we provide to the arts and these are cultural events, so in all fairness, I think, you know, this is a good means of usage of money. And again, it may not even be the amounts that we're approving. It may be a lot less. Chair Gort: Right. Vice Chair Carollo: Thank you. Chair Gort: Well, that's what we need to sit down and work on. And by the way, I disagree with you. It is economic development. I can tell you the one event that we do, it provides funds to do a lot of the activities that we are giving out a scholarship, we give out toys, we give out food, we give out all kind of services to the city. So it is economic development. A lot of people are doing those festival do make money. We started something in Calle Ocho. It was called Viernes Culturales. A lot of the restaurants and the places in Viernes Culturales are looking forward because sometimes Viernes Culturales makes the whole month for them. Okay, no more discussion. Any further discussion? Being none, all in favor, state it by saying "aye." Vice Chair Carollo: Aye. Commissioner Suarez: Aye. Commissioner Sarnoff. No. Chair Gort: Nay, okay. Thank you. RE.12 RESOLUTION 11-01136 City ofMiami Page 62 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Management and ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $35,000, FOR Budget IN -KIND SERVICES ASSOCIATED WITH THE 2012 DR. MARTIN LUTHER KING, JR. DAY PARADE BEING HELD JANUARY 16, 2012; ALLOCATING FUNDS FROM THE NON -DEPARTMENTAL ACCOUNT FESTIVALS RESERVE CODE NO. 00001.980000.548000.0000.00000. 11-01136 Summary Form.pdf 11-01136 Legislation.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Noes: 1 - Commissioner(s) Sarnoff Absent: 1 - Commissioner(s) Spence -Jones R-11-0511 Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 2 - Commissioner(s) Gort and Suarez Noes: 1 - Commissioner(s) Sarnoff Absent: 2 - Commissioner(s) Carollo and Spence -Jones (RE.12) RESOLUTION 11-01136 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Management and ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $50,000, FOR Budget IN -KIND SERVICES ASSOCIATED WITH THE 2012 DR. MARTIN LUTHER KING, JR. DAY PARADE BEING HELD JANUARY 16, 2012; ALLOCATING FUNDS FROM THE NON -DEPARTMENTAL ACCOUNT FESTIVALS RESERVE CODE NO. 00001.980000.548000.0000.00000. 11-01136 Summary Form.pdf 11-01136 Legislation.pdf Motion by Commissioner Suarez, seconded by Chairman Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 2 - Commissioner(s) Gort and Suarez Noes: 1 - Commissioner(s) Sarnoff Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-11-0511 Vice Chair Carollo: RE.12. Commissioner Sarnoff. Move it. Chair Gort: RE.12. Vice Chair Carollo: Second. City ofMiami Page 63 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Chair Gort: Can we hear it first? Commissioner Sarnoff. Adopt the same argument. Chair Gort: No more discussion. Commissioner Sarnoff. Make the same offer. Chair Gort: Okay. All in favor, state it by saying "aye. " Commissioner Suarez: Aye. Vice Chair Carollo: Aye. Chair Gort: Aye. Commissioner Sarnoff. No. Chair Gort: No, okay. Unidentified Speaker: Mr. Chairman. Chair Gort: Sorry, sir. We already pass it. Chair Gort: RE.13. Unfortunately, we're going to lose the quorum, so we're going have to come back. What time you guys want to come back? Vice Chair Carollo: 2? Chair Gort: 2 o'clock, okay. Vice Chair Carollo: Thank you, Mr. Chairman. [Later..] Commissioner Suarez: Move to reconsider RE.12. Chair Gort: RE.12. Commissioner Suarez: There has to be a second -- Ms. Thompson: Yes. Commissioner Suarez: -- if it's -- Commissioner Sarnoff. I voted against it so I can't consider it. Ms. Thompson: No, you can. It doesn't matter. When you want to reconsider under Mason, you can do it. Commissioner Sarnoff. Okay. I'm going to let you do it. Chair Gort: Okay, it's been moved and second. Yes, sir. City ofMiami Page 64 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Commissioner Suarez: Okay, you want to call the vote for reconsideration? Ms. Thompson: We have to -- I'm sorry. Need a vote on it. Commissioner Suarez: Yeah. I'm waiting for the Chairman to call for a vote for the reconsideration. Would you like us to vote? Yes. Chair Gort: Yes. Commissioner Sarnoff. No. Commissioner Suarez: Okay. Go ahead, Assistant City Manager Cabrera. Luis Cabrera (Acting Chief of Operations): Assistant City Manager Luis Cabrera. The Administration was provided additional documentation from the committee that's overseeing the Martin Luther King Parade, and they're requesting an additional $15, 000 in order to provide for barricade services that'll be used through the parade route. Commissioner Suarez: Move the item. You got to pass the gavel. He doesn't want to second it. Commissioner Sarnoff. He's going to have to pass the gavel. Chair Gort: But even if you pass it, it's -- Commissioner Suarez: No, it doesn't matter. You can second it and we can vote on it. Chair Gort: Second. Discussion. Commissioner Suarez: You want to call for a vote? Commissioner Sarnoff. Discussion. Commissioner Suarez: It's the same as you had before. Commissioner Sarnoff. Right. I'm just going to adopt the comments I made before and this only demonstrates you may have opened up the flood gates. All right, all in favor, please say aye. Chair Gort: Aye. Commissioner Suarez: Aye. Chair Gort: Aye. Commissioner Sarnoff. One no. Commissioner Suarez: Thank you, Mr. Chairman. Chair Gort: Is that it? Johnny Martinez (City Manager): Commissioner. Chair Gort: Yes. Mr. Martinez: Can we hear a pocket item related to the regular agenda? City ofMiami Page 65 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Chair Gort: Pocket item. Yes. Mr. Martinez: Okay. Ms. Thompson: Chair, I'm sorry. Chair Gort: We can always -- yes. Ms. Thompson: Are you going to do your discussion items and your district page? Chair Gort: I know you got a discussion item. Yes. Commissioner Suarez: I don't have the -- my discussion item, I don't have the information for it so hopefully by -- Commissioner Sarnoff. I have one and -- Commissioner Suarez: Okay. Commissioner Sarnoff. -- I think it's something we're going to want to hear, which is the status of the hiring of police officers. That's all. Andl think we want to hear that andl think we want to hear it this time of year. Commissioner Suarez: And I'm going to ask that mine be continued. I guess I make a motion to continue mine. I'm sorry. I'm jumbling up the record, aren't I? Chair Gort: Go ahead. Yes, ma'am. Ms. Thompson: No. I'm just trying to be clear so we'll see what we're doing. We have our discussion items and then we have still on the agenda our district items. So the question is do you all -- are you all going to consider your discussion items? Because you -- RE.13 RESOLUTION 11-01013 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), ACCEPTING THE RECOMMENDATIONS OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION COMMITTEE THAT THE TOP -RANKED FIRM, PURSUANT TO REQUEST FOR PROPOSALS NO. 226249, FOR FOOD AND BEVERAGE CONCESSIONS AT THE CITY OF MIAMI OWNED PROPERTY KNOWN AS THE CITY OF MIAMI RIVERSIDE CENTER LOCATED AT 444 SOUTHWEST 2NDAVENUE, MIAMI, FLORIDA, IS ULTIMATE CATERING LLC; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONCESSION AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE, WITH TERMS AND CONDITIONS STATED HEREIN AND AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT. 11-01013 Summary Form.pdf 11-01013 Legislation.pdf 11-01013 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Spence -Jones City ofMiami Page 66 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 R-11-0514 Chair Gort: RE.13. Daniel Newhoff (Interim Director): Commissioners, good afternoon. Daniel Newhoff Department of Public Facilities. RE.13 is a resolution of the Miami City Commission approving the findings of the Evaluation Committee that the top -ranked firm for food and beverage concessions of the City ofMiami-owned property, located at 444 Southwest 2ndAvenue, known as the Miami Riverside Center, is Ultimate Catering; further authorizing the City Manager to execute a concession agreement for said purpose. Commissioner Suarez: Move it. Vice Chair Carollo: Second. Chair Gort: Motion by Commissioner Suarez, second by Vice Chairman Carollo. For discussion. I have discussion. This is the MRC (Miami Riverside Center)? Mr. Newhoff. That's correct. Chair Gort: And it's also the cafeteria for the police department? Commissioner Suarez: No, that's a separate item. Vice Chair Carollo: Separate item. Mr. Newhoff. That's RE.14, sir. Chair Gort: Separate item. Commissioner Suarez: Yeah. Chair Gort: Oh, I'm sorry. Mr. Newhoff. RE.13 is the MRC. Chair Gort: The MRC, I don't have any problem with the MRC. Any further discussion? Commissioner Suarez: Nope. Chair Gort: Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RE.14 RESOLUTION 11-01014 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), ACCEPTING THE RECOMMENDATIONS OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION COMMITTEE THAT THE TOP -RANKED FIRM, PURSUANT TO REQUEST FOR PROPOSALS NO. 226249, FOR FOOD AND BEVERAGE CONCESSIONS AT THE CITY OF MIAMI OWNED PROPERTY KNOWN AS THE CITY OF MIAMI POLICE HEADQUARTERS BUILDING LOCATEDAT400 City ofMiami Page 67 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 NORTHWEST2NDAVENUE, MIAMI, FLORIDA, IS ULTIMATE CATERING LLC; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONCESSION AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE, WITH TERMS AND CONDITIONS STATED HEREIN AND AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT. 11-01014 Summary Form.pdf 11-01014 Legislation.pdf 11-01014 Exhibit 1.pdf NO ACTION TAKEN Chair Gort: RE.14. Daniel Newhoff (Interim Director, Public Facilities): RE.14 is a similar item, but for the Miami Police Cafeteria. It's also a resolution accepting findings of the Evaluation Committee that the top -ranked firm, pursuant to request for proposal number 226249, for food and beverage concessions at the City ofMiami property, known as the Miami Police Headquarters, located at 400 Northwest 2ndAvenue, is also Ultimate Catering; further authorizing the Manager to execute a concession agreement for said purpose. Chair Gort: Thank you. Commissioner Suarez: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Suarez: I heard a little bit of the discussion. I wasn't here when we first discussed this item. It was deferred once before. Andl understand that you expressed concerns over the fact that the current provider is someone that's been there for I believe over ten years, over a decade. Chair Gort: Right. Commissioner Suarez: You know, we had a very similar situation like this with reference to Accion. And what we did in that particular case was we gave that agency an additional year and we told them that -- we kind of warned them in a sense that this would go to an RFP (Request for Proposals) and that they should prepare themselves for -- to compete, andl don't have any issue with that, by the way, doing that in this case, being consistent. My only concern would be that, you know, we have these processes for a reason, and you know, companies have the right to bid and it's a serious process and we don't want to do anything to, you know, send the wrong message to our vendors. And we did give this company obviously a contract just a second ago in the prior RE (Resolution) item. So my recommendation would be -- andl don't know how the rest of the board feels, andl don't know how you feel, Mr. Chairman, because it's something you expressed a particular interest in -- is to extend the current provider for another year with the proviso that it's going to an RFP next year, just like we did with Accion, and that the current extension, the current year contract has to be on the same terms as what was -- so the City gets the same deal and they also have to pay the cost of the bidders who bid on this process. Chair Gort: My understanding is -- andl don't know if you all received a copy from the police department when they addressed the -- this issue. And this cafeteria is a little decent from the MRC (Miami Riverside Center) or any other facility the City ofMiami have. At the police station, I'm not allowed to go upstairs. I have to go downstairs to get a permit, and then I'm allowed to go upstairs. In other words, this is not a facility from people can walk -- and my understanding is, part of that analysis that was made, and right so, because I think they're doing City ofMiami Page 68 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 their job -- part of that analysis that they did is that they looked around what the revenue could be by bringing people from the outside. I am sure the police station will not allow outsiders to come in and utilize this cafeteria. At the same time, my understanding, this contract, when you read through this contract, has a specific requirement that they have for the -- and service of the police and during time of emergency and all kinds of restrictions that this facility has. So I think this is something that we really need to look at it. I don't have any problem with your motion. I think it's fine that way. But I think at the same time, if it's going to come out for an RFP, all those restrictions set up by the police has to be placed in the RFP. Commissioner Suarez: Yeah, andl don't know if the procurement director can speak to that -- those specific issues because, obviously, if there was some ambiguity in the RFP, then if the board decides that we're going to, you know, grant a one-year extension and then REP it, that we should ensure that there are no -- there is no confusion in the subsequent REP. My -- I just want to clarify, and I'm not sure how clear said it the first time. There's two conditions to me going forward with this. One is that the -- if we are going to extend for the current provider, that they pay the costs associated with the REP process for the other people who bid on -- because in essence, they were -- you know, they were told to bid on this; that there was going to be a bid, and they -- you know, they spent money and energy doing that. And that the second thing is that the City gets the same deal. Now, before I yield the floor, I have to say that I think we should look at some legislation in the future that codes situations like this because we do want to give a certain amount of deference to people who have been decade -long contractors with the City. At the same time, we also want to get the best deal for the City. So if -- you know -- and that would mean that every so often, we have to go to an REP so that we can get the best deal for the City. So I -- you know, I think we should maybe have a situation like this where if someone's been a provider for over five years or over ten years and an REP is issued, we give them the opportunity to basically match the REP for one year as long as they pay the cost of the people who were in the process, and that creates a little bit more transparency in the process and it allows people to understand what they're getting themselves into. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Thank you. The only thing that I'm a little concerned with what you're saying, Commissioner Suarez -- andl remember the Accion when we extended it for a year, andl remember that voted to extend it for a year contingent upon that they go for another REP. Commissioner Suarez: Right. Vice Chair Carollo: And when it came before us, it needed to be approved by four fifth to grant them the contract again and not go to an REP. In this case, it's a little different because it's already gone out for an REP, and we need to be careful with that because what I don't want to happen is that we put out an REP, you know, there's companies that, out of good faith, they bid for it, and then all of a sudden, they win and the Commission up here says, well, wait a second. Let's do a redo and let's put it out in a year from now. You know, I think that sort of sets the wrong message, andl think we have to be very cautious with that. I will admit: I've received a few phone calls in the past, not about this, but as far as REPS where companies that have bid -- they spend a lot of money preparing for these REPS -- and I've been told, Commissioner, this REP went out. We put in for it. All of a sudden, it's stalled. Nothing's happened. It's been a year. I mean, you know, so we just have to be very cautious about that. Andl don't want to give an impression that, you know, once we put out an REP and people bid for it out of good faith, that when it comes back to us, if we don't like what's there, then, hey, you know, we'll keep the same person 'cause they've been here for a long time and we'll put it out. At the same time, you know -- and to be honest with you, I don't know either of these companies so I -- you know, the issue is not one restaurant versus the other. I don't know either of them, to be honest with you. City ofMiami Page 69 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 My issue is more of fairness and making sure that, you know, we maximize our dollars and maximize our services. So that's the only thing thatl want to caution you about. Commissioner Suarez: Yeah. And that's why I wanted to -- Chair Gort: I agree with you, Commissioner. Andl think in the 22 month that I've been here since I came back, I have -- this is the first time I really question, and it's two different environment. I mean, this is the -- I don't know if you guys received the same notice that I got from the police station from one of the commander at that time that explain all the reasons why these people were given the -- for 13 years they've been there and all the documents signed by all the police officers within that area and all the restrictions. My understanding also, there was a commitment, $96, 000 in rent. There's no way that the cafeteria and the police station can pay 90 -- $56, 000, I believe it was mentioned. Kenneth Robertson (Director): Correct. Kenneth Robertson, Purchasing Department. The estimated revenue projections for the police cafeteria was approximately $280, 000 -- Chair Gort: Okay. Mr. Robertson: -- over a five-year period. That's contractually, though, based on a percentage of gross sales and a $350 a month rent payment. Commissioner Suarez: Mr. Chairman, ifI -- Chair Gort: What was that, the rent payment? Mr. Robertson: Three hundred and fifty dollars a month. Chair Gort: Okay. That sounds a little different. Go ahead. Commissioner Suarez: Thank you. No. Andl understand and actually agree with everything the Vice Chairman has said and don't think that what we're saying is any different. I think he's just restating the concern, which is essentially the concern that I -- Chair Gort: Sure. Commissioner Suarez: -- gave as well, which I don't want to send the signal that RFPs are meaningless or worthless. At the same time, you know, that's one of the reasons why I said the only way that could support extending them is if they paid the costs associated with anyone who bid on this project so that person will be basically held harmless for having participated in this process and then can participate in it next year, which is very similar to what we did with Accion. The difference being that as the Vice Chairman correctly pointed out, in the Accion matter, an RFP had not been issued. In this case, an RFP has been issued. So that's why I would require that extra requirement and also that whatever deal that the -- that whatever deal is made with this company, be on the same terms as what the RFP yielded so that the City's not worst off financially as a result of this decision. I think we should codin, something like this so that it provides clarity for people who are bidding. I think if somebody is a ten-year contractor or more with the City, someone who's been with the City for more than a decade, I think they should be given, you know, some deference. I may not have the support of my colleagues on that, but that's my personal perspective on it. Chair Gort: Okay. Thank you. Mr. Robertson: Commissioners, ifI may? City ofMiami Page 70 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Chair Gort: Yes, sir. Mr. Robertson: The disposition of the item before you is specifically regarding the award ofRFP 226249. Now the Commission may award RE.14 or you may reject all proposals for RE.14. Under no circumstance, however, is this agenda item attempting to be a bid waiver contract to extend an existing contract with (UNINTELLIGIBLE) 5: 01:16 corporation. Chair Gort: Right. Mr. Robertson: That would have to be a separate publicly noticed public hearing to come before the Commission in January. Chair Gort: That's correct. The motion is to be to reject, if that's the will of this Commission. Mr. Robertson: The other consideration is that the evaluation committee's recommendation was that the number -one ranked firm for both locations was Ultimate Catering, and those two contracts were negotiated collectively as one. The issue is now if the proposals are rejected for the police location, will the concessionaire, who was just awarded under RE.13, elect to opt out of that contract. That is also a potential concern. Commissioner Suarez: I don't understand that last part. Mr. Robertson: The Commission awarded RE.13 to Ultimate Catering -- Commissioner Suarez: Right. Mr. Robertson: -- for the MRC cafeteria. Commissioner Suarez: Right. Mr. Robertson: The recommended award for that company was for both cafeteria locations. Commissioner Suarez: Right. Mr. Robertson: So because the award was not as recommended, there's -- they're under no obligation to operate the MRC cafeteria in any way. Commissioner Suarez: Yeah. They're under no obligation to sign a contract regardless. They could -- Mr. Robertson: Correct. Commissioner Suarez: -- win this bid and decide we don't negotiate on terms that we feel are right and just not sign the contract. They have -- this creates no obligation for them, even if we were to give them the contract. Mr. Robertson: Correct. Commissioner Suarez: There's no obligation to them. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff. Just -- City ofMiami Page 71 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Johnny Martinez (City Manager): May I ask a question? Chair Gort: Yes. Mr. Martinez: I'm confused. Commissioner Sarnoff. I yield to the Manager. Mr. Martinez: Thank you. When they submitted the numbers in the RFP, they didn't know they were going to win both, so they had to submit numbers as ifI may win A, I may win B, or I may win A and B. But at that point in time, they don't know they're going to win both so it should not be -- unless you negotiated something after they won both. Mr. Robertson: The proposal submittals were separate by location, but when the evaluation committee reviewed the proposals, their expressed recommendation was that the recommended vendor for both locations was the same company. Chair Gort: Yes, sir. Commissioner Sarnoff. Truthfully, I don't get this, so can you walk me through this a little bit? We had an evaluation committee made up of -- just tell me who's on the committee. Mr. Robertson: Carlos Galan, the owner of Dolores But You Can Call Me Lolita. Commissioner Sarnoff. Okay. Mr. Robertson: Peter Knezevic, the general manager of the Rusty Pelican. Commissioner Sarnoff. Right. Mr. Robertson: Steven Perricone, the owner ofPerricone's Marketplace. Peter Kendrick, the lease manager in the City of Miami's Department ofPublic Facilities. And Corina Esquijarosa, the senior project representative, also in the City ofMiami Department ofPublic Facilities. Commissioner Sarnoff. And what was their recommendation? Mr. Robertson: Their recommendation was that Ultimate Catering was the number -one ranked proposer and that New York Roma Pizza & Pasta Corporation was the second ranked proposer. Commissioner Sarnoff. And who had the best tasting food? Mr. Robertson: Peter Kendrick performed the taste testings. Peter J. Kendrick (Lease Manager/Public Facilities): Yes. Ultimate Catering had -- they were basically equal in terms of the taste testing because we performed a taste testing -- this was something that we needed to do because of the problems we had in the past with -- Chair Gort: Right. Mr. Kendrick: -- MRC cafeteria; we didn't do a taste test. So Ultimate Catering had a very good taste testing, so did New York Roma Pizza. Commissioner Sarnoff. Okay. City ofMiami Page 72 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Mr. Kendrick: The current vendor that you're talking about was disqualified so we couldn't do a taste testing on them. Commissioner Sarnoff. The current vendor -- so you never tasted New York Roma or whatever? Mr. Kendrick: No, we didn't. We could not -- (UNINTELLIGIBLE) 5: 04: 48, we did not taste them because they were disqualified. Commissioner Sarnoff. Okay. So -- and then somebody sent me -- and I'm going to assume it was the winner, but don't know who it was 'cause I know nobody involved in this. But somebody sent me some reports of health inspections that demonstrated failure at that particular facility. Mr. Kendrick: That was at the police cafeteria. Commissioner Sarnoff. Correct. And it said -- I think it was roach droppings and some other things. Mr. Kendrick: Yes, that -- you're right, Commissioner. Commissioner Sarnoff. Did you evaluate that as well? Mr. Kendrick: No. That came to our attention well after everything was evaluated. We just found out about that. If you look at the date of those reports, you'll see that it's after all of this has been awarded. Commissioner Sarnoff. So are they still under a health issue? Is there still a Health Department issue with them? Mr. Kendrick: We're not aware of that. Perhaps -- I think that's something we'll have to check with the Health Department and find out. Commissioner Sarnoff. But if you guys are coming to us today to try to uphold the Manager's recommendation, shouldn't you be at least knowledgeable --? I mean, I assume everybody got the same thing. Commissioner Suarez: I did not get that. Commissioner Sarnoff. You did not get that? But I would -- okay, I don't know why I got it. But I got some reports demonstrating a Health Department critical finding of unhealthy conditions. Mr. Kendrick: Commissioner, those health reports are for the current operator of the police cafeteria. Commissioner Sarnoff. No. I -- and is -- Mr. Kendrick: But they're not going to be -- they don't have a contract. They're not under contract with the City. Chair Gort: But they've been operating there for ten years now. Mr. Kendrick: But they don't have a contract. Chair Gort: Okay. City ofMiami Page 73 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Commissioner Sarnoff. So -- yeah, I get that. But -- and maybe I sound kind of dumb on this issue, but -- I mean, if somebody sends you -- you have a present operator -- I assume a number ofpolice officers ate today. I assume a number ofpolice officers ate yesterday. Andl assume a number of police officers will eat tomorrow. And somebody sends you Health Department reports showing discrepancies, pretty large discrepancies, why wouldn't you guys follow up and see what the status of those -- of the Health Department discrepancies and then help us make a decision that I suspect promotes what the Manager is suggesting, maybe not for those reasons, but -- Commissioner Suarez: By the way -- Commissioner Sarnoff. -- I want to know that 'cause I don't want to vote for somebody that has issues with serving food that's clean and proper. Commissioner Suarez: By the way, ifI may, Mr. Chairman, my guess is that would be a condition of the contract, in other words, of the current contract, that they avoid having health sanctions. Commissioner Sarnoff. Well -- but that would -- Chair Gort: Let me -- Commissioner Suarez: Wouldn't you think? Commissioner Sarnoff. What I would think implicit somebody who is seeking to continue operate -- Commissioner Suarez: Sure. Commissioner Sarnoff. -- at the City ofMiami, any health operator -- and there are restaurateurs out there in this audience right now know. Have a finding of -- by the Health Department. It's the surest way of closing your restaurant. It's the surest way of making sure that you're not going to be successful. But in this circumstance, there's some advocacy because they've been there for ten years -- and by the way, I wish you were with Lloyd's of London because I was there for ten years and wish they would have just continued to extend me. Chair Gort: Thirteen years, yeah, I know. Commissioner Sarnoff. That's great. I mean, I'd love to hear that, you know, don't ever get rid of this guy; he's been there ten years, you know, but that's the way -- Commissioner Suarez: You have that option. Commissioner Sarnoff. -- some -- Vice Chair Carollo: Seniority. Commissioner Sarnoff. Yeah, I love that, but sometimes they don't think like that. The private sector says there is a new widget. Somebody can build me a new widget. I heard something about rent. The rent's much more, but then I hear that the other guy's going to pay the same amount of rent, but I don't think we've agreed on the amount of rent that's really going to be paid. I mean, candidly, I don't quite understand this issue. Mr. Kendrick: Well, there are two points I need to bring to your attention, Commissioner. City ofMiami Page 74 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Commissioner Sarnoff. Okay. Mr. Kendrick: I'm sorry for my -- might lose my voice. Commissioner Sarnoff. I hear you. Mr. Kendrick: First of all, the reports that you got came to our attention at the end of November, last month. Commissioner Sarnoff. So you had 15 days -- Mr. Kendrick: We just got -- Commissioner Sarnoff. -- to call the Health Department to verifi, this. Mr. Kendrick: Right. Second of all, the Department of Public Facilities had not monitored this contract, has never monitored this contract. It was not responsible for this contract. It's been under Procurement, and we're trying to -- we try to address the issue of bringing it into a contract. The third, the City hasn't gotten a dime from this contract over ten years. Commissioner Sarnoff. Okay. Mr. Kendrick: So I guess those are the three points I need to bring to your attention. Commissioner Sarnoff. So now going forward, the new guy who the Manager's recommending is going to pay us $256, 000 or $286, 000 over the next five years, right? Mr. Newhoff. Two seventy-nine. Commissioner Sarnoff. Okay. Divide by five is your fifty -plus thousand dollars. The guy that's staying there, that wants to stay there, is willing to pay the same amount of money? Mr. Kendrick: I don't know. Mr. Newhoff. We didn't negotiate. We don't know. Mr. Kendrick: We don't know that. Mr. Newhoff. They were deemed nonresponsive, so we didn't discuss that matter. Commissioner Sarnoff. So -- I mean, I'm curious. We have a guy -- andl have no dog in this fight. You have a guy who has a Health Department problem and we're suggesting that he should stay there because he's been there ten years -- please call Lloyd's on my behalf, by the way -- and we're going to keep him there and we don't know what rent he'll pay? Mr. Kendrick: We have not had any conversations on that, Commissioner. Chair Gort: Commissioner -- Commissioner Suarez: Mr. Chairman, ifI may? Chair Gort: -- the reason I brought this up is I received a letter and a survey done by the policemens [sic] in the police station suggesting that this individual had been there for 13 years (UNINTELLIGIBLE) 5:10: 33 part of a public service -- public facilities. This is a contract. I don't know; for some reason, it's been with the police for all their life. Now my understanding is, City ofMiami Page 75 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 when people putting their proposal together, they assume they were going to receive X'amount of revenues according to the population around. Because what you do when you're going to set up a business, you go on radius and within that radius, look and see how many customers you can pick up within that radius. My understanding is the letter that received from the police station is there's restriction at the amount of people that can go into the MR -- I mean the police station cafeteria and that's the only reason it was brought to me. My understanding, this -- there's a family that runs this facility. They've been there for 13 years. And the letter I received from the police station -- andl believe the same copy to you all. I don't know if you received it -- that was stating that certain conditions were given to this operators because there was certain facilities that -- or certain items that they had to provide with and certain services that they were required to provide to the police. Andl think the Chief of Police is here and some of the member there; you can ask him. Mr. Kendrick: Also -- Mr. Chairman, you may be correct on that. But we have Ultimate Catering here in case any of you Commissioners would like to address -- if you would like to address your questions to the owner of Ultimate Catering. Chair Gort: Sure, yeah. Vice Chair Carollo: Ultimate -- Commissioner Suarez: I have no doubt they're a good company. We just gave them a contract a second ago. It's really not about that, at least not for me. So you know, you guys can -- you know, there's -- make a motion, put it to a vote or whatever. I mean -- Commissioner Sarnoff. You suggesting call the question? Commissioner Suarez: No. I mean -- no, not really am I suggesting to call the question, but I mean, is there anything else really to talk about? Commissioner Sarnoff. Well, I have some concerns. I'm concerned that the City Manager, through his delegation, didn't bother to look into these Health Department discrepancies, 'cause I suspect what this Commission may do is to extend somebody's contract or somehow keep it going and tomorrow the police officer's going to walk into a cafeteria that there are discrepancies with. I don't know about you, but I don't go to restaurants where the Health Department suggests that there's rat droppings and roach droppings, but that's just me. So I have no intentions of proceeding forward with this until somebody tells me what they sent to me was wrong; I'm [sic] apologize, Commissioner; or they've been -- it's been corrected; here's the correction report. Commissioner Suarez: Yeah. I don't know. I haven't seen that document. It wasn't given to me for some reason. Mr. Kendrick: You want mine? Chair Gort: I think we have the -- Commissioner Suarez: Yes, of course, please. I wish I would have gotten it five days ago, but thank you for giving it to me today. Chair Gort: And when were those dates? Commissioner Suarez: Appreciate it. I'm not going to read it right now or make a decision on the basis of this. City ofMiami Page 76 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Commissioner Sarnoff. So call the question. Commissioner Suarez: What question are we calling? Chair Gort: Well, wait a minute. There's no motion. Commissioner Suarez: No one's made a motion. Ms. Thompson: Thank you. Commissioner Sarnoff. Oh. Chair Gort: There's no motion. Commissioner Sarnoff. Well, I'll make a motion to approve the recommendations of the Manager. Chair Gort: Is there a second? Fails for lack of second. Commissioner Suarez: I mean, I think the only motion that's left then is to throw out the RFP because -- Commissioner Sarnoff. Is to what? Commissioner Suarez: To throw out the RFP. That's the only motion that's left. Commissioner Sarnoff. Can you -- Commissioner Suarez: Now -- Commissioner Sarnoff. -- do that by an ore tenus? Can you ore tenus do that from this dais -- Veronica Xiques (Assistant City Attorney): Well -- Commissioner Suarez: Yeah. We've done it before. Ms. Xiques: -- by -- Commissioner Sarnoff. -- without notice? Ms. Xiques: -- not taking action on this motion, you're essentially throwing out the RFP. Commissioner Suarez: Of course. Ms. Xiques: What you need to do now -- not today because you need a ten-day notice. Commissioner Sarnoff. Right. Ms. Xiques: But if you wanted to extend the current contract, you would need a ten-day -- Chair Gort: We can't do it now. Commissioner Suarez: Now, let -- Ms. Xiques: -- notice and you'd have to do that probably the next meeting. You'd need a City ofMiami Page 77 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 four -fifths bid waiver. Commissioner Suarez: -- me ask this question. Well, it's three questions. In potentially deciding to extend the current provider, we can put limitations on that extension, correct or incorrect? Ms. Xiques: Absolutely. You can put whatever. Commissioner Suarez: For example, we can say, you have to pay whatever the minimum rent was that was discovered through the procurement process. We can tell them you have to make whole anybody who bid on that RFP. And you can tell them that they have to provide us with a clean bill of health, that they are a clean and sanitary place so that we don't do exactly what Commissioner Sarnofffears that we may do, which is to extend the con -- which is a very legitimate fear, you know -- contract to a provider that is not maintaining a clean, you know, sanitary food environment. Mr. Martinez: Commissioner. Ms. Xiques: You -- Commissioner Suarez: And then if -- and I'll go a step further. If the company's not able to meet those requirements, we could equally give the contract back to Ultimate Catering and say clearly, you did not -- yes or no? You're shaking your head. Go ahead and speak in the microphone. Mr. Martinez: The condition of making the winner of the police department made whole, that's -- I mean, that -- I've never seen that before. It doesn't mean it can't be done. But the person that's there could refuse to do that. If you're saying if he refuse to do that, we go back to Ultimate Catering? Commissioner Suarez: Yes. Mr. Martinez: To me -- Commissioner Suarez: That's exactly what I'm saying. Chair Gort: No. Mr. Martinez: It seems to me that the fact that we're saying make these people whole was that we follow the process. They won it. And we're going to let you go forward if you make them whole. It's just like a contradiction. Chair Gort: No, no. Commissioner Suarez: We are -- Chair Gort: No, no. Commissioner Suarez: -- holding them harmless in effect for having gone through a process that is expensive and l agree, it's costly. And you know, that's the most kind of Solomonic, you know -- I think keeping -- you know, trying to make everyone happy in this particular scenario -- situation that can come up with. But if this board doesn't agree with it, then we don't agree with it. I mean, if you -- you know, there's other things that have to be looked at. Obviously, if their bid was predicated on the fact that outsiders are going to be allowed in the cafeteria and they're not, that's an issue. City ofMiami Page 78 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Mr. Martinez: I think that was important that. Chair Gort: That's a major issue. Mr. Martinez: That was not one of the conditions that was stated in the RFP, and it is a fact that the general public can't go up there -- Commissioner Suarez: That's a major flaw in the RFP then. Mr. Martinez: -- and he base his price on that. I would just say that the RFP's flawed and redo the RFP instead of all the other -- make the person whole and extend a -- and do -- Chair Gort: That's what you do. Mr. Martinez: -- a bid waiver. If there's a flaw in the RFP -- Commissioner Suarez: Whatever you guys want. Mr. Martinez: -- because of -- Commissioner Suarez: Whatever you guys want. Mr. Martinez: -- the conditions -- there were conditions that should have been in there that weren't, that's a different story. Commissioner Suarez: Okay. That makes sense. Chair Gort: You can deny this one and reissue another RFP -- Commissioner Suarez: That's fine. Chair Gort: -- for that facility alone. Andl think at the same time, Public Facility [sic] somehow has got to get together with the police and find out what are the criterias [sic], what are the restrictions before you come up with an RFP 'cause my understanding is there's a lot of restrictions in going into that building. I can't go in. I'm allowed to go in the basement, but to go upstairs, I would have to get permission to go upstairs. Mr. Martinez: Yeah, I think that makes the most sense to -- Chair Gort: Okay. Mr. Martinez: -- have the restrictions that were prohibit -- that weren't included that could change the pricing of the proposal if -- the only thing I've heard that actually holds -- but you still need a bid waiver. Chair Gort: Okay. What's the wish? Commissioner Suarez: Well, we already denied it (UNINTELLIGIBLE) 5:18: 03 for lack of a second died. Priscilla A. Thompson (City Clerk): No, no. Ms. Xiques: Correct. Ms. Thompson: No, no. What is on your agenda is accepting the recommendations. Now you City ofMiami Page 79 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 need to deny this -- Chair Gort: Right. Ms. Thompson: -- part. Commissioner Suarez: Move to deny it. Chair Gort: Even if you had second, you need three votes. Commissioner Sarnoff. You need two -- Ms. Xiques: Commissioner, by the fact that you did not move the item before you, it means that you have, as a body, rejected the City Manager's recommendation. Since you have rejected the City Manager's recommendation, it means that the RFP proposals have died and you're going to start all over, if that's the will of this body, and the Administration and the process will continue in that manner. Chair Gort: That's fine with me. I don't have any problem. But my suggestion is, Public Facilities got to get together with the policemens [sic] -- with the police stations and find out what are their criterias [sic] for their -- when you put that RFP together. An RFP should come out for this, okay. Thank you. Commissioner Sarnoff. You -- Chair Gort: RE.15. Commissioner Sarnoff. -- seem to want to speak. I mean, you keep raising your hand. Chair Gort: Go ahead. Come on forward. Commissioner Sarnoff. Quickly. Peter Torocsik: Good evening, Chairman. Good evening, Commissioners. My name is Peter Torocsik. Ms. Thompson: I'm sorry. You need to speak into the mike, sir. Mr. Torocsik: Good evening, everybody. My name is Peter Torocsik. I'm a Hungarian -born pastry chef. I'm owner of the Ultimate Catering Company. I know you don't have too much time. I would like to refer two things, the numbers. It seems to me nobody believe the numbers of the proposed. Here is the fact. Recent operator make a tax return 2010 October, almost $17, 000 gross sales. We had no chance to make a due diligence and step by the cash register, how much is the real -- we rely on the (UNINTELLIGIBLE) 5: 20:17 tax return. My old school experiences, ifI spend -- get a bond dollar gross sales, a quarter for the food expenses, another quarter for labor, another quarter for operational expense, and if I'm lucky, I have a quarter net profit. So $17,000 is almost 4,500. I propose 4,500 because at that time and I propose, I had only the Broward Sheriff experience similar set up. When I see -- of the proposal was turn in, I had the chance to see the public record and had a similar volume. So here is the ethical question and the best interest of City ofMiami. IfI don't pay anything for utility, no electricity, nothing, I gladly leave you the operational cost which is $4, 500 a month. You just multiply how much is per year. You can multiply how much is for five years. If I'm lucky in making a little bit more effective, I can make a little bit lower food costs. I could make a little decrease in employee cost and make a little more profit. But the operational cost, what I propose, is out of the table because I don't pay for it. That was one thing. Another thing, a little bit more sophisticated. City ofMiami Page 80 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Mr. Chairman, (UNINTELLIGIBLE) 5: 21: 52 the police officers protest behalf this company, fine. I believe it. It's somebody there 13 years, it has base. But can I ask you something. How the newspaper or the Health Department knows about those information? Something leaking from there. Who leak those information? Who doesn't like the service? And this is not the best interest of the company. This situation doesn't keep the City ofMiami harmless. Food (UNINTELLIGIBLE) 5: 22: 25. Anybody knows in this Chairman what does it mean to reuse singular service article? It's a sophisticated sentence by the DBPR (Department of Business and Professional Regulation) inspector. When you go to the fast-food restaurant and you're going to get the plastic forks, spoon, or knife, you think it goes to the garbage. You don't think somebody rewash and give you again. So that's the answer for those. Mathematically, easy to prove. Get the copy of the sales tax return what is the past thirteen years had a chance for the Finance Department make the audit. See how much is it, really. Another thing, my business prospective. The MRC building is very isolated because the past ten years somebody has ruined. We need support to build that. We need something else when keep the operation break even. Ethically, I can ask anybody, if somebody has a chance to bid on both, why the recent operator didn't take over the MRC also? Just take the bigger profit and doesn't care that -- the really hard job. If you're talking about operational expenses and profit labor costs, which is 75 percent of the gross sales, the recent operator is a nice family business. They can keep 75 person because the labor cost goes to the same pocket. Only they have food costs. But you see the food costs how dangerous when they're talking about food (UNINTELLIGIBLE) 5: 24:13. Group (UNINTELLIGIBLE) 5: 24:14. So how much is the food cost? It's not 25 percent. It's just much less. So if you're seeking real issues, what's the best interest City ofMiami? Just ask me. I'll make this 35 years; 20 years in Florida, another 15 years in Hungary, always working for the Hungarian government; now the American government. I really know what I'm talking about. And the -- hard numbers because always have to come by MRC and the police cafeteria. But leave me in an isolated situation, take away the profitable, and let's finance from my pocket the MRC building, when we getting on the level profitable is two years is gone. Very important to tell you now. If you see the numbers how they are increase the second year, income is what's based on my discovery information. If the police officers in the building will recognize is a different company, different sanitation. The 25 percent coming back who doesn't eat there yet, who notify, kept notify the DBPR and the DBPR always recognize the (UNINTELLIGIBLE) the same violation. If you go to the same, the same, the same violation. To run this long-term, you need educated management. City ofMiami can't have any emergency situation. The MRC cafeteria able to handle this because has space, has equipment, can cover not just the police department; can cover the fire department, can cover 5, 000 food a day, portion of food. That's why bid on it. Andl knew the major card that can put on the table, the money. How much money comparable? What Miami seeking now. Procurement office here make excellent job because they see everything andl sit them down and explain to them, andl can do it again. Every single penny comes together, comes with educated source (UNINTELLIGIBLE) 5: 26: 49 because food service management, not just a family business. Let's go to the (UNINTELLIGIBLE) 5: 26: 54 today. DBPR told you guys November 15, just two days before, that the Commissioner meeting decide to postpone this decision. They get the stop sale. This is stop sale. You know what does it mean stop -- it's something rotten. Rotten meat in the refrigerator. That is the best interest of the police officers of City ofMiami get the problem, get the lawsuit, get people sick? Guys, we have the same basket. You have some education. I (UNINTELLIGIBLE) 5: 27: 32. You have, you have. I like this guy about the homeless program. I have the same, andl probably offer for you our service. That's why I'm here. Just don't hesitate. City ofMiami has to be lucky and feel it. Just hit the jackpot. When these guys eliminate himself automatically, you don't need to terminate something, which is always painful. It just came like that naturally (UNINTELLIGIBLE) 5: 28: 06 direction. That's life. You need to get the changes. Thank you very much. Chair Gort: Thank you. RE.15 RESOLUTION City ofMiami Page 81 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 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 Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-11-0532 Chair Gort: RE.15. Nzeribe Ihekwaba: Good afternoon. Zerry Ihekwaba, Public Works director. RE.15 is a resolution to authorize a maintenance agreement with State Department of Transportation for right-of-way beautification improvements along Northwest 12th Avenue, from 14th Streets [sic] to north of 15th Streets [sic]. This is an intended construction being sponsored by the City and FDOT (Florida Department of Transportation) for decorative crosswalks in the Miami Health Districts [sic]. The maintenance agreement requires the City Public Works to be responsible for annual testing of the specialty surfaces of this decorative crosswalk, which will include stamped asphalt fiction [sic] testing on a yearly basis, as well as additional condition service. Fortunately for the City, the material comes with a five-year warranty which will be inclusive of the stringent friction testing that FDOT has imposed. Commissioner Suarez: Move it for discussion. Commissioner Sarnoff. Second. Chair Gort: It's been moved and second. Yes, sir. Commissioner Suarez: Thank you. Just a quick question. Thank you, Mr. Nzeribe, for bringing this item to us. I just have a quick question, which is, you know, there's no cost figure in the item -- at the beginning of the item in the summary. Mr. Ihekwaba: Yes, for the simple reason that this item is a maintenance agreement. Commissioner Suarez: I understand, but -- Mr. Ihekwaba: And the material comes with a five-year warranty. Commissioner Suarez: I understand, but -- City ofMiami Page 82 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Mr. Ihekwaba: For the first five years, there's no cost associated with that. Commissioner Suarez: Right, andl got that. I'm just wondering, you know, if we agree to this, how long is this agreement? Mr. Ihekwaba: I think it's in perpetuity -- Commissioner Suarez: Right. So -- Mr. Ihekwaba: -- like all maintenance agreements. Commissioner Suarez: -- after the fifth year, we're going to have a cost? Mr. Ihekwaba: Yes. Commissioner Suarez: Exactly. So my point is how much is it going to cost? Because you know, I think it's -- I think you make a strong argument that FDOT is, number one, providing us with this, and number two, they're providing us with the material that shouldn't have any costs for five years. But just to have a perspective -- and I think Commissioner Sarnoff has intelligently asked us to do this on a number of occasions, to ask about what are the maintenance costs when we enter into maintenance agreements, andl think that's the prudent way of doing things. I think we've shown that we're very prudent when it comes to those things. Albert Sosa: Albert Sosa, director of Capital Improvements. This is an asphalt product. We're getting a warranty for five years. Beyond that you start running into the actual life cycle of the asphalt. Within probably seven to eight years, seven to ten, depending on the location -- but this is a heavily traffic area -- FDOT will come through and mill and resurface that road again. At which point the material would have to be replaced. So from a maintenance perspective, there may be some costs in years six, seven and eight. The testing that's required by the maintenance agreement is approximately -- when we did our estimates and talked to the vendors, it was in the 5 to $6,000 a year per -- 5 to $6,000 a year -- per year. So in the event that it were to fail, your recourse is to mill and resurface the roadway so it's -- Commissioner Suarez: Rather than do this actual --? Mr. Sosa: Right. So the -- Commissioner Suarez: Right. Mr. Sosa: -- maintenance costs per se would be on the range of about $6,000 a year. Commissioner Suarez: That's all wanted to know. That's all wanted to know. Mr. Chairman. Chair Gort: Yes, sir. Commissioner Suarez: I'm okay. Chair Gort: Okay. Any further discussion? Commissioner. Commissioner Sarnoff. No, no. Chair Gort: Okay, all in favor, state it by saying aye." The Commission (Collectively): Aye. RE.16 RESOLUTION City ofMiami Page 83 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 11-01163 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN MIAMI BALLPARK PARKING FACILITIES INTERLOCAL COOPERATION AND LEASE AGREEMENT, PREVIOUSLY AUTHORIZED BY RESOLUTION NO. 11-0479, ADOPTED NOVEMBER 17, 2011, BY AND BETWEEN THE CITY OF MIAMI, FLORIDA, AND THE DEPARTMENT OF OFF-STREET PARKING OF THE CITY OF MIAMI, AS AMENDED HEREIN, IN SUBSTANTIALLY THE ATTACHED FORM. 11-01163 Summary Form.pdf 11-01163 Legislation.pdf 11-01163 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-11-0531 Chair Gort: RE.16. Commissioner Sarnoff. Wait. Doesn't the Vice -- Commissioner Suarez: Yeah. Let's table this until the Vice Chair returns. Commissioner Sarnoff. Vice Chair comes back. Commissioner Suarez: Table 16. [Later..] Chair Gort: RE.16. Daniel Newhoff (Interim Director, Public Facilities): RE.16? Chair Gort: Yes, sir. Mr. Newhoff. Daniel Newhoff Department of Public Facilities. RE.16 is a resolution of the Miami City Commission authorizing the City Manager to execute two amendments to the previously authorized Miami Parking facilities interlocal cooperation and lease agreement as authorized by resolution number 11-0479 on November 17, 2011 between the City ofMiami and the Department of Off -Street Parking. At its board meeting held on November 30, 2011, the Miami Parking Authority board approved the previously authorized interlocal agreement with the following two amendments, which now requires City Commission approval. The first amendment was an inclusion of the right for the Miami Parking Authority to terminate the interlocal with or without cause with a 90-day advanced notice and the second amendment was the removal ofMPA's (Miami Parking Authority's) option to appropriate additional funds toward operations should circumstances so require. Commissioner Suarez: I will move -- Chair Gort: Okay. Thank you. City ofMiami Page 84 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Commissioner Suarez: -- acceptance of those two changes to me and -- I don't know if there's a second. Commissioner Sarnoff. Second. Chair Gort: It's been motion by Commissioner Suarez, second by Commissioner Sarnoff. Discussion. Commissioner Suarez: I'll just say that -- I mean, they both seem imminently reasonable. You know, it could have been included in the first draft. That's what happens when you go back and forth with two parties. I don't really think it changes anything materially in the agreement actually so. Chair Gort: Okay. Further discussion? Commissioner Sarnoff. No. Chair Gort: Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Newhoff. Thank you. Chair Gort: Go to work. EXECUTIVE SESSION 2:00 P.M. ES.1 EXECUTIVE SESSION 11-01140 Office of the City UNDER F.S. §286.011(8), F.S. [2011], THE PERSON CHAIRING THE CITY OF Attorney MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, TO DISCUSS THE PENDING CONSOLIDATED LITIGATION CASES OF: STEVEN K. SCHWARTZ, ETC. V. THE CITY OF MIAMI, ET AL., CASE NO. 07-44810 CA 08, AND SAMMY BROWN, ET AL. V. CITY OF MIAMI, ET AL., CASE NO. 08-80065 CA 08, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, TO WHICH THE CITY IS A PARTY. THIS SESSION WILL BEGIN AT APPROXIMATELY 2:00 P.M. (OR AS SOON AFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER AND THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN WIFREDO GORT, MARC SARNOFF, FRANCIS SUAREZ, FRANK CAROLLO, AND MICHELLE SPENCE-JONES; THE CITY MANAGER, JOHNNY MARTINEZ; THE CITY ATTORNEY, JULIE O. BRU; DEPUTY CITY ATTORNEY, WARREN BITTNER, AND ASSISTANT CITY ATTORNEY HENRY J. HUNNEFELD. A CERTIFIED COURT REPORTER WILL BE PRESENT TO TRANSCRIBE THE SESSION AND THE TRANSCRIPT WILL BE MADE PUBLIC AT THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION City ofMiami Page 85 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. 11-01140 Memo - Office of the City Attorney.pdf DISCUSSED Chair Gort: (UNINTET,T IGIBT ,F) executive session. We'll be back in -- hopefully, soon. Julie O. Bru (City Attorney): Let me -- Priscilla A. Thompson (City Clerk): Chair -- Chair Gort: Yes. Ms. Thompson: -- what we have to do, you're now reconvening your meeting. The City Attorney has to read a statement. Chair Gort: Okey-doke. Ms. Thompson: After she reads that statement, then you will recess and go into your executive session. Ms. Bru: Okay. Chair Gort: Meeting opened. Ms. Bru: Thank you, Madam City Clerk. All right, under Florida Statute Section 286.0118, the Chairman has just announced that we're going to commence an attorney -client session closed to the public to discuss the pending consolidated litigation cases of Steven Schwartz versus the City ofMiami and Sammy Brown versus City ofMiami. These cases are pending in the circuit court of the 11 th Judicial Circuit in Miami -Dade County, Florida, and the City is a party to these actions. The session will begin at approximately 3 o'clock, and we will conclude approximately an hour later. We -- the session will be attended by the City Commission, Chairman W fredo Gort, Marc Sarnoff, Francis Suarez, Frank Carollo, the City Manager, Johnny Martinez, myself Julie Bru, the City Attorney, Deputy City Attorney Warren Bittner and Assistant City Attorney Henry Hunnefeld. We're going to have a certified court reporter present to transcribe the session, which will be made public at the conclusion of the litigation. Thank you. Chair Gort: Recess, okay. Ms. Thompson: Thank you. [Later... Chair Gort: Begin the meeting. Madam Clerk, let me ask you a question. Ms. Thompson: What -- I'm sorry. As -- Chair Gort: Let me ask you a question. Ms. Thompson: No. As a point of procedure, we now have to state that your executive session is City ofMiami Page 86 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 RE.17 11-01140a Office of the City Attorney closed. Chair Gort: Okay, Madam Attorney. Ms. Bru: Mr. Chair, ready? We're back on. Okay, this is RE.17. It's on your -- Ms. Thompson: No. We need -- I'm sorry. First, we need to close ES.1, executive session. Ms. Bru: The executive session has been closed. We're back on the record now. Ms. Thompson: Thank you. END OF EXECUTIVE SESSION RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY STEVEN K. SCHWARTZ, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MICHAEL BRADSHAW, JR., DECEASED, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $500,000, AND TO PAY SAMMY BROWN AND TRINA KANCEY, AS CO -PERSONAL REPRESENTATIVES OF THE ESTATE OF SAMUEL TAVARIS BROWN, DECEASED, THE SUM OF $500,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ATTORNEYS FEES AND COSTS, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CASES STYLED, STEVEN K. SCHWARTZ, ETC. VS. THE CITY OF MIAMI, ETAL., PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, CASE NO.: 07-44810 CA 08, AND SAMMY BROWN AND TRINA KANCEY, ETC. V. THE CITY OF MIAMI, ETAL., PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, CASE NO.: 08-80065 CA 08, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000. 11-01140a Memo - Office of the City Attorney.pdf 11-01140a Memo - Financial Signoff.pdf 11-01140a Legislation.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-11-0512 Julie O. Bru (City Attorney): This is RE.17. This is a proposed resolution that seeks authorization for the settlement of all claims asserted by the plaintiffs in each of the referenced lawsuits, and that is Stephen Schwartz versus City of Miami, Sammy Brown and Triana [sic] Kancey versus City ofMiami. The total settlement would be in the amount of $1 million, 500,000 for each of the plaints, with the insurance carrier contributing 100, 000 for each of the plaintiffs. And just -- City ofMiami Page 87 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 RE.18 11-01151 Department of Information Technology Commissioner Suarez: I move to accept the City Attorney's -- Vice Chair Carollo: Second. Commissioner Suarez: -- recommendation. Chair Gort: It's been moved by Commissioner Suarez, second by Vice Chairman Carollo. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you, ma'am. Ms. Bru: Thank you, Mr. Chairman. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT FOR PROPRIETARY SOFTWARE PRODUCTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH B & LASSOCIATES, INC., PURSUANT TO SECTION 18-86(a)(3)(d) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE CONTINUED RE -LICENSING, MAINTENANCE AND PRODUCT SUPPORT OF ITS PROPRIETARY SOFTWARE, FOR AN INITIAL PERIOD OF ONE (1) YEAR, WITH THE OPTION TO EXTEND FOR ONE (1) ADDITIONAL YEAR, WITH LICENSE FEES IN THE AMOUNT NOT TO EXCEED $27,846 ANNUALLY, AND MAINTENANCE AND PRODUCT SUPPORT, IN THE AMOUNT NOT TO EXCEED $26,676 ANNUALLY; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.251000.546000.0000.00000, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 11-01151 Summary Form.pdf 11-01151 Letter - B&LAssociates.pdf 11-01151 Funds Available Inquiry.pdf 11-01151 Legislation.pdf 11-01151 Exhibit 1.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-11-0533 Chair Gort: RE.17. Priscilla A. Thompson (City Clerk): Seventeen was handled with the executive session. Chair Gort: Seventeen was tabled? Commissioner Sarnoff. No. We put it up now, right? We're not doing 17? Chair Gort: Yes. City ofMiami Page 88 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Ms. Thompson: Seventeen was done right after your executive session. Commissioner Sarnoff.. Oh, okay. Chair Gort: Okay, 18. Cynthia Torres (Homeless Assistance Program Administrator/Office of Homeless): Good evening. I'm Cynthia Torres, representing the Information Technology Department. RE.18 is a resolution authorizing the City Manager to execute a license agreement with the proprietary software vendor, in the amount of $27, 846, for an annual maintenance and product support. This software is proprietary to this vendor and it's used for backing up critical IT (Information Technology) systems. Commissioner Sarnoff.. Move it. Commissioner Suarez: Second. Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner Suarez. Discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Mr. Torres: Thank you. RE.19 RESOLUTION 11-01168 District3- A RESOLUTION OF THE MIAMI CITY COMMISSION REQUIRING Commissioner Frank ACCOMMODATIONS (CHANGING STATIONS) FOR MEN AND WOMEN TO Carollo CHANGE THEIR CHILDREN'S DIAPER IN ALL CITY OF MIAMI FACILITIES WITHIN SIX (6) MONTHS. 11-01168 Legislation.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Chair Gort: Nineteen, RE.19. Julie O. Bru (City Attorney): This resolution's being sponsored by Commissioner Carollo. I don't know if you'd like to table it until he can join us again. Chair Gort: I don't mind listening to it. Commissioner Sarnoff.. Only if -- Commissioner Suarez: Want to listen to it twice? Commissioner Sarnoff.. -- Luis Cabrera puts it on. Ms. Bru: This is a resolution of the Miami City Commission requiring accommodations for men and women to change their children's diaper in all City ofMiami facilities within six months. Maybe Building, CIP (Capital Improvements Program), somebody can -- City ofMiami Page 89 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Chair Gort: Do you have a cost analysis? Commissioner Suarez: I haven't seen -- Commissioner Sarnoff. I don't know. Is the Administration surprised we 're on RE.19? Alice Bravo (Chief of Infrastructure): Alice Bravo, assistant City Manager. The cost for each changing table with installation and everything is roughly $400 per unit. So we're assessing how many facilities, men's room there are throughout the City, and obviously there are like -- fire stations or -- and there are facilities that don't get visited by the public frequently that we would evaluate further. So I think at the latest counts -- Chair Gort: Now will this be under Capital Improvement budget or which -- or Public Facilities? Ms. Bravo: Well, we -- of the list that we have -- Daniel Newhoff (Interim Director): Commissioners, Dan Newhoff Department of Public Facilities. I started to talk to the different directors just to get an account on the number of restroom facilities in the City ofMiami, not including the leases, but including outside agencies, such as Bayfront Park. The Miami Parking Authority has a few bathrooms there also. So we're up into the 200 range, if we include police stations and fire stations. We may not need to include fire stations if they're not frequently visited by the public. But we're probably around the 200 number right now. Ms. Bravo: So it -- assuming that all those facilities have the space to install this type of equipment, you're looking at roughly $80, 000, so we'd have to identifi, a funding source for that. Chair Gort: Well, we didn't pass the fees, certain permits so -- I don't think we have the funds -- I don't know. What is the wish of this Commission? Commissioner Suarez: I think we should wait 'til the sponsor comes to, you know -- Chair Gort: Okay. Commissioner Suarez: -- discuss this item because it does have a fiscal impact and, you know. That's my -- Chair Gort: Okey-doke. Commissioner Suarez: -- preference. Chair Gort: We'll table it. [Later..] Chair Gort: We'll now recess the regular meeting and -- Priscilla A. Thompson (City Clerk): No, no. Do you want to do RE.19? Vice Chair Carollo: I don't think there should be much debate; however, you know, I always welcome debate. I think that, like I always say, actions speak louder than words. I think if we are really going to be a city that's family -oriented, we need to start acting that way and, you know, I'm presenting -- City ofMiami Page 90 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Chair Gort: Oh, you -- that's right, we're waiting for you. Go ahead. Vice Chair Carollo: -- is a changing station. And I'll be quick. It's a resolution of the Miami City Commission requiring accommodations changing stations for men and women to change their children's diapers in all City ofMiami facilities within six months. Commissioner Sarnoff.. Do you mean -- Chair Gort: Okay. Commissioner Sarnoff.. -- every City ofMiami facility, including firehouses and everything? Vice Chair Carollo: Every -- I will say every City ofMiami facilities that has access to the public. Chair Gort: Okay. Now let me ask you a question. You came up with a number of 200. Now do you have to have it in each bathroom or you can have one or two facilities within buildings. Ms. Bravo: Well -- Chair Gort: Because my understanding, it's $400 -- Vice Chair Carollo: See, let's talk about that $400 because they told me about $400 andl said, you know, who did you get that number from. And you know, it's what I've been saying all along. CIP (Capital Improvements Program), whenever it came comes from that area of what the amounts is, I want to know how they're coming up with the $400. Ms. Bravo: Well, that -- Commissioners. Chair Gort: Yes. Ms. Bravo: -- that's a prefabricated product that you purchase and install. Our CIP director verified the cost of the equipment and got an estimate for the installation of each unit so. Vice Chair Carollo: What's the cost of installing each unit? Albert Sosa: Albert Sosa, director of Capital Improvements. The units -- I'll use Koala as an example, that they make commercial products -- Vice Chair Carollo: Right. Mr. Sosa: -- of that nature and they're very popular. Koala, for example, they sell low -end product -- I say low end -- it's good qualify but it's not meant for a commercial installation like we would see in our buildings. Vice Chair Carollo: Even though they're clearly up for commercial bathroom products. Mr. Sosa: That's correct. But some of their lower -end units -- they sell you, for example, a unit that's approximately $100, very small. I wouldn't recommend we go that route. Vice Chair Carollo: Okay. Mr. Sosa: Once you get into their units that are still plastic but are I think a higher grade that we would want to install in our parks -- City ofMiami Page 91 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Vice Chair Carollo: Right. Mr. Sosa: -- will get heavy use. Vice Chair Carollo: Exactly. Mr. Sosa: You're looking to purchase units between probably 250 to $300 to physically buy it. You can go up from there. They make units that are -- these are all after sets so they're set onto a wall, for example. They have units -- Vice Chair Carollo: I see them here for 259. Mr. Sosa: I'm sorry? Vice Chair Carollo: I see them here for 259. Mr. Sosa: Yeah. That's about -- Vice Chair Carollo: The ones that are big ones that is the -- Mr. Sosa: They're after (UNINTELLIGIBLE) 7: 30:10 set onto the wall, yeah. Vice Chair Carollo: -- yeah, the Cadillac of the Koala, yeah -- Mr. Sosa: Their -- Vice Chair Carollo: -- 259. Mr. Sosa: -- Cadillac goes all the way up to $1,200. Vice Chair Carollo: Well -- Mr. Sosa: They have stainless steel because those will -- they sell stainless steel products that will last a much longer time than the plastic. Those go on up to $1,200. You can recess them into the wall. The installation goes up a lot higher. Looking at units between 250 and $300, we look at a typical installation. I threw a number at it, $100. How didl come up with that? In some cases it may be 50. In some cases it may be 150. In some cases it may not be feasible. There may be bathroom facilities where due to the swings of the doors on some of the older bathrooms that we have that are not necessarily ADA (Americans with Disabilities Act) compliant -- there's a whole host of issues that we haven't evaluated them so -- Vice Chair Carollo: So you mean to tell me GSA (General Services Administration) couldn't install these units? Mr. Sosa: I think that they have the skill set to install the unit. Vice Chair Carollo: Okay. So if a unit cost 250 and GSA can install them, I don't know how we're coming up with $400 a unit. Is -- the bathrooms in City Hall, are they ADA? Mr. Sosa: They are. Now using those bathrooms as an example, if you look at the wall space, there's very minimal wall space where you can mount one of these types of units. That's the type of analysis we would have to do bathroom by bathroom to see which wall we could mount it on where it was at the correct height -- at a useable height and that there was sufficient wall space to accommodate it without interfering with some other function of the bathroom. That's -- City ofMiami Page 92 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Vice Chair Carollo: Well, I could tell you in the men's bathroom, there's plenty of room, and I could show you 'cause I've gone to other areas in the County where I've seen where they've mounted them. One of the stalls is the one for ADA compliance and that's the wall where it has the, you know, plain wall -- Mr. Sosa: Sure. Vice Chair Carollo: -- and could be very easily installed. Mr. Sosa: Absolutely. Vice Chair Carollo: And again, you know, typical CIP, you know, $400 a unit. I don't know where you're coming up with that amount, you know, because they're 259. We've priced them quite a bit. It seems like this is the average price. And then, you know, you're saying that it's going to cost about $150. Okay, 250, plus 150, it's going to be 150 installation. I mean, that's just absurd. Mr. Sosa: Well, there's more than just the installation. You're looking at -- when we deal with a contractor to purchase and install these, we pay them market up. We pay -- Vice Chair Carollo: You better believe we pay a mark up. Mr. Sosa: That's correct. Typically, on a purchase, if they would just buy the unit, we would pay -- I'm approximating -- a 10 percent markup. They're -- you know, they have to drive to those locations to install them; they're not already there. So there is a cost involved in actually mobilizing to each one of these locations because there are over 200 locations. To mobilize to each one of these locations -- Vice Chair Carollo: Doesn't GSA mobilize to these locations anyways? Mr. Sosa: I would think that they do. Vice Chair Carollo: I mean, don't they do maintenance on City facility buildings? Mr. Sosa: I would think -- Vice Chair Carollo: 'Cause if they do maintenance on City facility buildings, they travel there anyways. Johnny Martinez (City Manager): Commissioner, if we can save on the installation cost by GSA doing it, we will do it. Vice Chair Carollo: Well, I mean -- I would surely suggest that. Mr. Martinez: Yeah. Vice Chair Carollo: I mean, yeah. But when off the bag [sic], you know, I'm getting a price of $400 per unit, I'm like, jeez, here we go again, you know, and that's the issue -- that's one of the issues I've had with CIP. And this is BS. This is, you know, $250, $400, you know. You start look at that. You extrapolate. You know, it's million throughout all these CIP projects, you know, that keep saying we're getting overcharged left and right, you know, and this is a perfect example. $400 per unit right off the bag [sic]. Oh, it's going to cost $400 per unit, Commissioner. It ain't going to cost $400 per unit. There's ways around it. And by the way, I'm giving, you know, just a regular price of one of these, you know, changing stations. I'm not even City ofMiami Page 93 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 saying, hey, if we actually buy 200, we might be able to negotiate and lower that price. I haven't even gotten to that yet so -- I mean, you know, the prices that you all give right off the bag [sic], I mean, you know, it -- I could see why there's always a deficit in the City. Anyways, with that said, I don't know what my colleagues would want to do. If you want -- if you actually want me to defer this to get the exact numbers or so forth, but you could see already how that price is definitely starting to reduce. And again, what I've always said is actions speak louder than words. If we're really going to be a city of being family -oriented, then we need to really start acting that way. Commissioner Sarnoff.. I'm going to make a motion for the -- to revisit this, but for the purposes of today, based on the pricing that's been provided, that we immediately move to put these changing stations in City Hall and at the MRC (Miami Riverside Center) building and for you to come back to us with further pricing and further options. Chair Gort: Now my question is do we need it in every bathroom, on every floor. Like at the MRC, we have ten floors. Do we need them or we can assign decent floors to have this? Vice Chair Carollo: I think -- Chair Gort: I don't know. I don't -- I went through the baby long time ago. Vice Chair Carollo: -- it's this. I think it should be where there is a public facility and it's reasonable. I think we should act reasonable in this. Chair Gort: Right here, the two bathrooms in here that's going to be used constantly. MRC, there's certain places where the public goes. There's other places where the public do not go. Vice Chair Carollo: Put it this way. Chair Gort: So this is the analysis you got to come back with. Vice Chair Carollo: Yeah. And what say is reasonable, where is the public places or the public area of the MRC building where there's a public bathroom. Ms. Bravo: Right. Commissioner Sarnoff.. Can I make a suggestion? Vice Chair Carollo: I think that's reasonable. Commissioner Sarnoff.. Why don't you put it where the cafeteria is and where the Building Department is? Ms. Bravo: Yes. And that's an analysis we could do -- Commissioner Sarnoff.. And wherever Mariano finds himself. Ms. Bravo: Areas that the public frequents traditionally with children, like for example, the parks, are obvious locations. Vice Chair Carollo: Exactly. Ms. Bravo: Theaters are obvious locations. Fire stations, police stations, maybe -- Vice Chair Carollo: Where the public -- City ofMiami Page 94 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Ms. Bravo: Right. Vice Chair Carollo: -- you know -- in other words, the lobbies. Ms. Bravo: Right. Vice Chair Carollo: The lobby of a police station, the lobby of a fire station. Ms. Bravo: And MRC, for example, there is a restroom in the lobby area. It does have a changing station so -- Vice Chair Carollo: Exactly. Ms. Bravo: -- there are places that already have that. So we could, you know -- where feasible and in the future as we -- Chair Gort: Okay. Ms. Bravo: -- upgrade bathrooms, we can certainly include that in every upgrade project. Vice Chair Carollo: Upgraded bathroom is already by County code. Ms. Bravo: No. For example, an ADA remodeling in a park will obviously include this. Vice Chair Carollo: That's by County code. You have to include it. Ms. Bravo: Right. Vice Chair Carollo: And I don't even pull permits or anything, but I know that much. Chair Gort: Okay. There's a motion. What was it? Do you want to repeat your motion? Vice Chair Carollo: Yeah, can you repeat your motion? Commissioner Sarnoff. The motion would be to place in City Hall and the MRC building, wherever feasibly and reasonable, bathroom changing stations; for the City to come back to us with a better costing estimate and to provide us with a list of bathrooms that they think would facilitate the use of the public. Chair Gort: Okay, there's a motion. Is there a second? Vice Chair Carollo: No, I'd rather not second it and just defer this item and bring it back with the actual cost estimates. I'd rather defer this motion, so no, I'm not going to second it. Commissioner Suarez: Second the deferral. Chair Gort: Just discussion. We don't have to -- Vice Chair Carollo: No, no. It's actually -- Ms. Thompson: No, no. It's a resolution. Vice Chair Carollo: -- a resolution. City ofMiami Page 95 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Chair Gort: A resolution. Vice Chair Carollo: It's not a discussion. Chair Gort: Okay. Vice Chair Carollo: It's a resolution. Commissioner Suarez: When would you like to defer it to? Vice Chair Carollo: The very first meeting in January. And directing the Administration to bring the cost estimate and every facility in the City ofMiami that they foresee that this would apply. And again, I'm not saying every bathroom. What I'm saying is common areas where the public -- Ms. Bravo: Frequent. Vice Chair Carollo: -- goes to -- Ms. Bravo: Frequently. Right. Vice Chair Carollo: -- parks. Obviously, if there's a public bathroom in a park, then, yes, that would apply. I'm not saying every bathroom in a police station or every bathroom in a fire station. However, if in the lobby there is a public restroom, then yes, that would apply. Ms. Bravo: Right. Vice Chair Carollo: Okay? Ms. Bravo: Okay. Chair Gort: Okay, thank you. Vice Chair Carollo: I make a motion to defer RE.19 to the first week [sic] in January. Chair Gort: It's been moved and second. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. RE.20 RESOLUTION 11-01137 Department of Risk A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Management ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 273288, AUTHORIZING THE CITY MANAGER, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE HIGHEST RANKED FIRM, HUMANA, INC., FOR THE PROVISION OF EMPLOYEE BENEFIT DENTAL PLAN, FOR BOTH THE DHMO AND PPO PLANS, FOR THE DEPARTMENT OF RISK MANAGEMENT, FORA PERIOD OF THREE (3) YEARS, WITH OPTIONS TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING City ofMiami Page 96 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER, SHOULD NEGOTIATIONS FAIL WITH THE HIGHEST RANKED FIRM, TO NEGOTIATE AND EXECUTE A PSA WITH THE SECOND -HIGHEST RANKED FIRMS, SOLSTICE BENEFITS, INC. FOR THE DHMO PLAN, AND DELTA DENTAL INSURANCE CO. FOR THE PPO PLAN; FURTHER AUTHORIZING THE CITY MANAGER, SHOULD NEGOTIATIONS FAIL WITH THE SECOND -HIGHEST RANKED FIRMS, TO NEGOTIATE AND EXECUTE A PSA WITH THE THIRD -HIGHEST RANKED FIRMS, DELTA DENTAL INSURANCE CO. FOR THE DHMO PLAN, AND SOLSTICE BENEFITS, INC. FOR THE PPO PLAN; FURTHER AUTHORIZING THE CITY MANAGER, SHOULD NEGOTIATIONS FAIL WITH THE THIRD -HIGHEST RANKED FIRMS, TO REJECT ALL PROPOSALS AND ISSUE A NEW RFP SOLICITATION. 11-01137 Summary Form.pdf 11-01137 Legislation.pdf 11-01137 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones RE.21 RESOLUTION 11-01138 Department of Risk A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Management ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH MINNESOTA LIFE INSURANCE COMPANY, THE TOP -RANKED FIRM SELECTED AS A RESULT OF THE COMPETITIVE SELECTION PROCESS TO PROVIDE EMPLOYEE BENEFITS FOR LIFE & AD&D INSURANCE, FOR AN INITIAL THREE YEAR PERIOD, WITH NO OPTION TO EXTEND THE AGREEMENT; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 05001.301001.523000.0000.00000 11-01138 Summary Form.pdf 11-01138 Legislation.pdf 11-01138-Submittal-Memo-Substitution for Item RE 21.pdf 11-01138-Exhibit 1-SUB.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-11-0534 Julie O. Bru (City Attorney): Mr. Chair . Chair Gort: No. Wait a minute. Ms. Bru: Mr. Chair. City ofMiami Page 97 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Chair Gort: They want us to come back with RE. 12. My understanding, there's some changes. Ms. Bru: Right. And also -- Commissioner Suarez: Motion. Chair Gort: Amendment. Ms. Bru: -- Madam Clerk, did we take up RE.21? Commissioner Suarez: RE.21. I don't see it here. Chair Gort: We don't have it. Oh, yes, we do. Commissioner Sarnoff. Oh, Minnesota Life. They went bankrupt today. Ms. Thompson: No. You're right. Because we what we had was RE.20 being withdrawn. The -- RE.21 -- Commissioner Sarnoff. Go ahead, you're up. Calvin Ellis: All right. Calvin Ellis, director of Risk Management. Before introducing my resolution item, I do have an amendment I would like to proffer. This amendment pertains to enhanced language on the indemnification clause in the professional services agreement. Chair Gort: Okay. Mr. Ellis: This is mainly enhanced language on the indemnification agreement. I've included in there ExhibitA. The PSA (Professional Service Agreement) with markups and highlights and then Exhibit B is the PSA in final form. So a resolution of the Miami City Commission, with attachments, authorizing the City Manager to execute a professional service agreement in substantially the attached form with Minnesota Life Insurance Company, the top -ranked firm selected as a result of a competitive selection process, to provide employee benefit for life and AD&D (Accidental Death & Dismemberment) insurance for initial three-year period with no option to extend the agreement; allocating funds from account code number 05001.301001.523000.000.0000. Commissioner Suarez: I'll move the item. Chair Gort: It's been moved by Commissioner -- Commissioner Sarnoff. Second it, butt need some discussion. Chair Gort: Discussion. Commissioner Suarez: Yeah. And just one quick thing. The only changes, the red line? Mr. Ellis: Correct. If you look on ExhibitA, page 7 and 8 is the indemnification clause. Commissioner Suarez: Right. Mr. Ellis: There was a word that was added. It read Wand to strengthen the clause, Legal requested that we insert the term liven if. "And then on page 8 we struck language that was not beneficial for the City, and then throughout there are some formatting changes as well. City ofMiami Page 98 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Chair Gort: Yes, sir. Commissioner Suarez: No. I mean, we're -- I'm taking his word that those are the only changes. That's why I asked him to put it on the record. I actually did have a chance to glance at all the changes because there were -- they're not that many. So I leave it to Chairman -- I mean to Commissioner Sarnoff to -- Commissioner Sarnoff.. I'm just reading the indemnity language -- Commissioner Suarez: Right. Commissioner Sarnoff.. -- because it's a material change. It looks like -- it looks to be in the favor of the City. Does this indemnin, us for our own negligence? It does? Ms. Bru: It says even if it is alleged that the City (UNINTELLIGIBLE) 6:16:15. Ms. Thompson: The microphone's not on. Ms. Bru: They're agreeing to indemnify us even if it's alleged that we were negligent. Commissioner Sarnoff.. Okay. And then the part that's taken out is the selection of counsel? Mr. Ellis: Correct. Commissioner Sarnoff.. Okay. Motion and second, right? Ms. Thompson: Yes. Chair Gort: It's been moved and second. Is any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Mr. Ellis: Thank you. END OF RESOLUTIONS BOARDS AND COMMITTEES Commissioner Suarez: Mr. Chairman, I want to -- apparently the Clerk has informed me that we never took a vote on my motion to defer the boards and committee item, so can I just re -- Chair Gort: There's a motion to defer the committee appointments -- the board appointments. Is there a second? Second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. [Later..] Chair Gort: Now -- Yes, sir. Commissioner Sarnoff.. Mr. Chair, can we -- can I do a motion to reconsider the motion to continue the remainder of the board appointments? I have a board -- City ofMiami Page 99 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Commissioner Suarez: Second. Commissioner Sarnoff. Thank you. Chair Gort: It's been moved and second. Yes. Commissioner Sarnoff. Thank you. [Later..] Ms. Thompson: Chair, one last thing. Chair Gort: Yes, ma'am. Ms. Thompson: Andl guess you'll be shooting the messenger on this one. When we reconsidered the Downtown Development Authority, you reconsidered the continuation ofBC.1 through 23. You went ahead and voted on DDA (Downtown Development Authority). Now I need you to vote on a motion to -- Commissioner Sarnoff. So moved to continue the rest of the -- Commissioner Suarez: Second. Commissioner Sarnoff. -- board agenda. Vice Chair Carollo: Second. Chair Gort: It's been moved and second. Ms. Thompson: Thank you. Chair Gort: Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Commissioner Sarnoff. I know, Mrs. Eisenberg. Chair Gort: Okay, now we finish with this agenda. We go into Planning and Zoning. You're going to need how many? Ms. Thompson: So you're adjourning this meeting now? Chair Gort: Yes. Ms. Thompson: You don't have any -- okay. Thank you. Chair Gort: Are you ready to go to the Planning and Zoning -- BC.1 RESOLUTION 11-00990 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City ofMiami Page 100 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Xavier Cortada Vice Chairman Frank Carollo 11-00990 Arts CCMemo.pdf 11-00990 Arts Current Board Members.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-11-0518 Chair Gort: At this time we have board appointments. I don't know if you guys want to make any board appointments since we don't have the full Commission here. Priscilla A. Thompson (City Clerk): Chair, I do have some names that were proffered by the Mayor and also Vice Chairman Carollo has two names to proffer, and he asked me to relay to you if he was not here those two names so that one of you would proffer it for him. Commissioner Suarez: Madam Clerk, would it be okay for this board to defer all board appointments, with the exception of those that are on your lists, which we will appoint according to your -- to the expressed wishes of the people who have mentioned those board names? Ms. Thompson: Then what I -- yes. But what I would ask is that we go through -- there's just a very few of them -- and we actually act on them separately so -- Chair Gort: Yes. Ms. Thompson: Is that okay? Commissioner Suarez: I'm sorry. What was that? Chair Gort: That's fine, yes. Ms. Thompson: Yes. Chair Gort: She's going to mention the board where the people have been appointed or recommended to be appointed. Commissioner Suarez: Okay, and I'm going to mention two more. Ms. Thompson: Okay. So ifI -- Commissioner Suarez: Go ahead. Chair Gort: Go right ahead. Ms. Thompson: Do you want me to start? Commissioner Suarez: Yeah. Ms. Thompson: BC.1, Vice Chairman Carollo has asked that the name ofMr. Xavier Cortada be proffered on his behalf. City ofMiami Page 101 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Commissioner Sarnoff.. I'll continue mine. You want to just make a motion, Francis? Chair Gort: No, just a motion for that one person. Ms. Thompson: Okay. And it's up to you all, okay. Chair Gort: Okay. Commissioner Sarnoff.. So moved. Ms. Thompson: Because whatl understood -- Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Ms. Thompson: Before we go any further, what I -- Commissioner Suarez: (UNINTET,T IGIBT ,F) 6: 05: 03. Ms. Thompson: -- thoughtl heard Commissioner Suarez say is that only those who have been proffered or will be proffered -- Chair Gort: Right, yes. Ms. Thompson: -- need to be considered. So Commissioner Suarez -- Sarnoff, if you don't have any you want to proffer -- Commissioner Suarez: Everything else is deferred. Ms. Thompson: -- you don't have to worry about that, okay? Commissioner Suarez: Okay. Commissioner Sarnoff.. Understood. Ms. Thompson: Okay. Commissioner Sarnoff.. A new game in town. Chair Gort: That one's passed. BC.2 RESOLUTION 11-00991 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Francis Suarez City ofMiami Page 102 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 BC.3 11-01056 11-00991 Bayfront Park CCMemo.pdf 11-00991 Bayfront Current Members.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Note for the Record: For minutes referencing item BC.2, please refer to Boards and Committees." RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate Member) (Alternate Member) 11-01056 CEB CCMemo.pdf 11-01056 CEB Current Members.pdf NOMINATED BY: Commissioner Michelle Spence -Jones Commission -At -Large Commission -At -Large Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones City ofMiami Page 103 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Note for the Record: For minutes referencing item BC.3, please refer to Boards and Committees." BC.4 RESOLUTION 11-00992 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN FORA TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Liliana Dones Commissioner Marc David Sarnoff 11-00992 CSW CCMemo.pdf 11-00992 CSW Current Board Members. pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-11-0526 Commissioner Sarnoff. Madam Clerk, can I make some appointments? Priscilla A. Thompson (City Clerk): Sure. Commissioner Sarnoff. BC.4, Liliana Dones. Commissioner Suarez: Second. Ms. Thompson: Hold on. BC.4. Chair Gort: All in favor, state it by saying aye." Ms. Thompson: I'm sorry. Lily -- Commissioner Sarnoff. Liliana Dones. She's on there. Dones -- Ms. Thompson: Dones, okay. Commissioner Sarnoff. -- D-O-N-E-S. BC.5 RESOLUTION 11-00993 City ofMiami Page 104 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. BC.6 11-00994 APPOINTEES: 11-00993 CRB CCMemo.pdf 11-00993 CRB Current Members.pdf NOMINATED BY: Mayor Tomas Regalado Vice Chairman Frank Carollo Vice Chairman Frank Carollo Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Note for the Record: For minutes referencing item BC.5, please refer to Boards and Committees." RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 11-00994 CTAB CCMemo.pdf 11-00994 CTAB Current Members.pdf NOMINATED BY: Mayor Tomas Regalado Vice Chairman Frank Carollo Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. City ofMiami Page 105 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Note for the Record: For minutes referencing item BC. 6, please refer to Boards and Committees." BC.7 RESOLUTION 11-01045 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENTS OF CERTAIN INDIVIDUALS AS MEMBERS OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Tony Alonso DDA Board of Directors (Term 9/1/2011 through 8/31/2015) Jerome Hollo DDA Board of Directors (Term 9/1/2011 through 8/31/2015) Nitin Motwani DDA Board of Directors (Term 9/1/2011 through 8/31/2015) Richard Lydecker DDA Board of Directors (Term 9/1/2011 through 8/31/2015) 11-01045 DDACCMemo.pdf 11-01045 DDA Current Board Members.pdf 11-01045 DDA Memo and Resolution.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-11-0524 Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be RECONSIDERED PASSED by the following vote. City ofMiami Page 106 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Commissioner Sarnoff. Yes. I'd like to move BC.7, which is the DDA (Downtown Development Authority) board members. Vice Chair Carollo: Give me a break. Commissioner Sarnoff. What's that? It's page 33. Priscilla A. Thompson (City Clerk): BC.7. Chair Gort: You making a motion to accept the DDA recommendation, am I correct? Commissioner Sarnoff. Correct, correct. Chair Gort: Is there a second? Commissioner Suarez: Second. Chair Gort: It's been second by Commissioner Suarez. Is there any further discussion? Commissioner Suarez: You want to put the person's name on the record. Commissioner Sarnoff. Oh, yeah. It's Tony Alonso, Jerome Hollo, Nitin Motwani, and Richard Lydecker. Chair Gort: You got Richard? Commissioner Sarnoff. Richard. Chair Gort: Okay. Any further discussion? Being none, all say jfes. " The Commission (Collectively): Aye. Chair Gort: No nays. Okay. Commissioner Sarnoff. Thank you. BC.8 RESOLUTION 11-01007 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE EDUCATION ADVISORY BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City ofMiami Page 107 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Marta L. Zayas Mayor Tomas Regalado 11-01007 EAB CCMemo.pdf 11-01007 EAB Current Board Members.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-11-0519 Chair Gort: Go ahead, next. Commissioner Suarez: No. She's just reading all of the ones that are going to be voted on. Go ahead. Priscilla A. Thompson (City Clerk): Just let me go through your list for you. Commissioner Suarez: I'll name two, if that's okay, while you're --? Ms. Thompson: Okay, can you tell me which ones you'd like? Commissioner Suarez: Education Advisory Board, Martha Zayas. Ms. Thompson: Just one second. Okay, I have that -- that's -- you're proffering that name? Commissioner Suarez: That's correct. Urban Development Review Board. Ms. Thompson: Wait. I'm sorry. I'm sorry. BC.8. Commissioner Suarez: BC.8. Ms. Thompson: Okay, Martha Zayas. Commissioner Suarez: Yes. Ms. Thompson: And l just would like the record to show that that name was also proffered by the Mayor. Commissioner Suarez: Okay, well -- by the Manager as a nonvoting member. I don't know. That's what -- it doesn't matter to me whether it's the Mayor's appointee or mine. We can just leave it as the Mayor's. How about that? Ms. Thompson: Thank you. Okay. Commissioner Suarez: Urban Development Review Board, which is BC.20. Ms. Thompson: I'm sorry. No, no. We're going to vote. Chair Gort: Wait a minute. Ms. Thompson: We're going to vote on this one. City ofMiami Page 108 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Commissioner Suarez: Oh, we are? We're going to do -- Ms. Thompson: Yes. Commissioner Suarez: -- them one by one? Ms. Thompson: No, no. Only -- Chair Gort: You have to. Ms. Thompson: Yes, we have to. Commissioner Suarez: Okay. I apologize. Ms. Thompson: So on BC (Boards and Committees) -- Chair Gort: There's a motion and a second. Any further discussion? Being none, all in favor, state it by saying iiye. " Ms. Thompson: I'm sorry. Who was my mover? Commissioner Suarez: I'll move it. Ms. Thompson: Thank you. Seconder will be -- Commissioner Sarnoff. I was the seconder, of course. Ms. Thompson: Thank you. Commissioner Sarnoff. By implication. Ms. Thompson: So our vote then -- Commissioner Sarnoff. 3-0. Commissioner Suarez: Yes. Commissioner Sarnoff. Yes. Chair Gort: Yes. Commissioner Suarez: Unanimous. BC.9 RESOLUTION 11-00995 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Wifredo (Willy) Gort City ofMiami Page 109 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Chairman Wifredo (Willy) Gort Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Michelle Spence -Jones IAFF FOP AFSCME 871 11-00995 EOAB CCMemo.pdf 11-00995 EOAB Current Members.pdf 11-00995 EOAB FOP Memo.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Note for the Record: For minutes referencing item BC.9, please refer to Boards and Committees." BC.10 RESOLUTION 11-00996 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Pete Chircut City Manager Johnny Martinez City ofMiami Page 110 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 BC.11 11-00997 11-00996 Finance CCMemo.pdf 11-00996 Finance Current Board Members.pdf 11-00996 Finance Manager's Memo.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-11-0520 Priscilla A. Thompson (City Clerk): IfI might, the Manager -- 'cause this has been continued -- had proffered names for the Finance Committee. He had proffered the name of Mr. Pete Chircut. That would be BC.10. Commissioner Suarez: I move -- Commissioner Sarnoff. Second. Commissioner Suarez: -- that appointment. Chair Gort: It's been moved and second. Is there any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 11-00997 Health CCMemo.pdf 11-00997 Health Current Members.pdf NOMINATED BY: Vice Chairman Frank Carollo Commissioner Francis Suarez Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones City ofMiami Page 111 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Note for the Record: For minutes referencing item BC.11, please refer to Boards and Committees." BC.12 RESOLUTION 11-00998 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: Vice Chairman Frank Carollo (Architectural Historian - Category 3) Commissioner Francis Suarez (Architect - Category 1) Commissioner Michelle Spence -Jones (Real Estate - Category 5) Commissioner Michelle Spence -Jones (Landscape Architect - Category 2) 11-00998 HEP CCMemo.pdf 11-00998 HEP Current Members.pdf 11-00998 HEP Application Summary.pdf 11-00998 HEP Applications.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Note for the Record: For minutes referencing item BC.12, please refer to Boards and City ofMiami Page 112 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Committees." BC.13 RESOLUTION 11-00999 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 11-00999 Homeland CCMemo.pdf 11-00999 Homeland Current Members.pdf NOMINATED BY: Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Francis Suarez Commissioner Francis Suarez Commissioner Michelle Spence -Jones Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Note for the Record: For minutes referencing item BC.13, please refer to Boards and Committees." BC.14 RESOLUTION 11-01057 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HOUSING AND COMMERCIAL LOAN COMMITTEE FORA TERM AS DESIGNATED HEREIN. City ofMiami Page 113 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 APPOINTEE/CATEGORY: NOMINATED BY: Pete Chircut City Manager Johnny Martinez 11-01057 HCLC CCMemo.pdf 11-01057 HCLC Current Board Members.pdf 11-01057 HCLC Manager's Memo.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-11-0525 Priscilla A. Thompson (City Clerk): The City Manager had BC.14. I think that was the Health board. Okay. I'm sorry, Housing Commercial Loan. He proffered Pete Chircut. Commissioner Suarez: I move Pete Chircut for that board, Housing and Commercial Loan Committee, BC.14. Gold star. Commissioner Sarnoff. Second. Ms. Thompson: Thank you. Chair Gort: All in favor? The Commission (Collectively): Aye. Commissioner Suarez: I defer the remainder of the appointments on the agenda of BC -- BC appointments, board and committee appointments. BC.15 RESOLUTION 11-01000 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE MAYOR'S INTERNATIONAL COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Silvia Wong Commissioner Marc David Sarnoff 11-01000 MIC CCMemo.pdf 11-01000 MIC Current Board Members.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones City ofMiami Page 114 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 R-11-0527 Commissioner Sarnoff. BC.15, Sylvia Wong. Commissioner Sarnoff. So -- second. Commissioner Sarnoff. Second. Aye. Commissioner Suarez: Aye. Chair Gort: Yes. BC.16 RESOLUTION 11-00519 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL ASAMEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Frank Veloso Vice Chairman Frank Carollo 11-00519 MSEACCMemo.pdf 11-00519 MSEACurrent Board Members.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-11-0521 Commissioner Suarez: Go ahead. Priscilla A. Thompson (City Clerk): Okay, now what was your next one, sir? Commissioner Suarez: BC.20 -- Ms. Thompson: Okay. Commissioner Suarez: -- Urban Development Review Board. Ms. Thompson: Before -- Commissioner Suarez: Fidel Perez. Ms. Thompson: -- I'm -- andl apologize 'cause I'm going through my list. Commissioner Suarez: It's okay. Ms. Thompson: Vice Chair Carollo had asked that someone proffer the name, please, on BC.16 for the Miami Sports & Exhibition Authority, the name of Mr. Frank Veloso. City ofMiami Page 115 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 BC.17 11-01001 Commissioner Suarez: I move Frank Velasko [sic] for Sports & Exhibition Authority. Commissioner Sarnoff.. Second. Chair Gort: Been moved and second. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. BC.18 11-01048 Office of the City Clerk APPOINTEES: 11-01001 NAB CCMemo.pdf 11-01001 NAB Current Members.pdf NOMINATED BY: Vice Chairman Frank Carollo Commissioner Francis Suarez Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Note for the Record: For minutes referencing item BC.17, please refer to Boards and Committees." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE OFF-STREET PARKING BOARD FORA TERM AS DESIGNATED City ofMiami Page 116 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 HEREIN. APPOINTEE: Jami Reyes NOMINATED BY: Off -Street Parking Board 11-01048 Off -Street Parking CCMemo.pdf 11-01048 Off -Street Parking Current Members.pdf 11-01048 Off -Street Parking Board Memo.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-11-0522 Priscilla A. Thompson (City Clerk): On BC.18, the Miami Parking Authority has sent in a resolution for the appointment -- that's BC.18 -- of board member Jaime Reyes. Chair Gort: Wait a minute. We have to approve the Miami Parking boards, [sic] right? The board members have to be approved by us. Okay. Commissioner Suarez: I move Jaime Reyes, unless the executive director has an objection. Chair Gort: There's a motion. Is there a second? Commissioner Sarnoff. He plays poker; I don't know what he wants, so I'll just say it, second. Chair Gort: It's been moved and second. Any discussion? No discussion. All in favor, state it by saying iiye. " The Commission (Collectively): Aye. BC.19 RESOLUTION 11-01002 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 11-01002 PRAB CCMemo.pdf 11-01002 PRAB Current Members.pdf NOMINATED BY: Chairman Wifredo (Willy) Gort Vice Chairman Frank Carollo City ofMiami Page 117 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Note for the Record: For minutes referencing item BC.19, please refer to Boards and Committees." BC.20 RESOLUTION 11-01003 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Fidel Perez Commissioner Francis Suarez 11-01003 UDRB CCMemo.pdf 11-01003 UDRB Current Board Members.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-11-0523 Priscilla A. Thompson (City Clerk): Now, Commissioner Suarez, you said you had one -- Chair Gort: Just a message. Commissioner Suarez: Yeah, BC. 20, Urban Development and Review Board, Fidel Perez. Motion. Commissioner Sarnoff.. Second. Chair Gort: It's been moved and second. City ofMiami Page 118 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Ms. Thompson: I'm sorry. Chair Gort: Is there any further discussion? Being none, all -- Ms. Thompson: I'm sorry. I didn't -- what was the name? I didn't hear -- Chair Gort: What was the name? Commissioner Suarez: Fidel Perez. Commissioner Sarnoff. Miguel [sic] Perez. Ms. Thompson: Thank you. Chair Gort: Miguel [sic] Perez. Commissioner Suarez: Fidel Perez. Commissioner Sarnoff. Oh, Fidel. Sony. Chair Gort: Fidel. Commissioner Sarnoff. Not Miguel, Fidel. Commissioner Suarez: Fidel Perez, F-I-D-E-L. Ms. Thompson: Oh, Fidel. Thank you. Commissioner Suarez: You're welcome. BC.21 RESOLUTION 11-01061 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Juvenal A. Pina Chairman Wifredo (Willy) Gort David Harris Young Commissioner Marc Sarnoff 11-01061 PZAB CCMemo.pdf 11-01061 PZAB Current_Board_Members.pdf 11-01061 PZABApplications.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-11-0528 City ofMiami Page 119 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 A motion was made by Commissioner Sarnoff, seconded by Commissioner Suarez, and was passed unanimously, with Vice Chairman Carollo and Commissioner Spence -Jones absent, to appoint David Harris Young as a member of the Planning, Zoning and Appeals Board. Commissioner Sarnoff. BC.21, Judge David Harris Young Commissioner Suarez: Second. Priscilla A. Thompson (City Clerk): David Harris Young, did you say? Commissioner Sarnoff. Young, yes. Chair Gort: Yes. All in favor? The Commission (Collectively): Aye. Commissioner Sarnoff. That's it for me. Commissioner Suarez: Shouldl defer the rest --? I defer the -- Commissioner Sarnoff. I'll defer the rest. Commissioner Suarez: -- rest of the appointments -- Commissioner Sarnoff. Yes. Chair Gort: Planning & Zoning. Commissioner Suarez: -- the rest of the Board [sic] and Committee [sic] appointments. Chair Gort: I have one, the Planning and Zoning. You have a Mr. Pina. Ms. Thompson: Hold on one second, please. Chair Gort: Juvenal Pina. He's one of the individuals whose name has been -- Ms. Thompson: Yes, Juvenal Pina. He is -- he did apply. Chair Gort: Okay. Ms. Thompson: So he is on the -- Chair Gort: I appoint him. Ms. Thompson: -- eligible. Chair Gort: That'll be my appointment. I need a second. Ms. Thompson: No. Chair Gort: Sorry. Mr. Suarez -- Ms. Thompson: You're chairing so -- Chair Gort: -- can you make the appointment? City ofMiami Page 120 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Commissioner Suarez: Yeah. I move -- Commissioner Sarnoff. Second. Commissioner Suarez: -- the appointment. Chair Gort: (UNINTET,TIGIBT,F) 6:12: 00 appointment. Second. All in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: That concludes the regular agenda. We will now go in -- BC.22 RESOLUTION 11-01004 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 11-01004 VKBPT CCMemo.pdf 11-01004 VKBPT Current Members.pdf NOMINATED BY: Vice Chairman Carollo Commissioner Francis Suarez Commission -At -Large Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Note for the Record: For minutes referencing item BC.22, please refer to Boards and Committees." BC.23 RESOLUTION City ofMiami Page 121 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 11-01005 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT ADVISORY BOARD FORA TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Lucia Zamorano Perez Mayor Tomas Regalado 11-01005 WAB CCMemo.pdf 11-01005 WAB Current Board Members.pdf 11-01005 WAB Mayor's Memo.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-11-0529 Priscilla A. Thompson (City Clerk): On BC.23, the Mayor has proffered the name of Lucia Perez for the Waterfront Advisory Board. Commissioner Suarez: Move her for the board. Chair Gort: Okay, it's been moved. Is there a second? Commissioner Sarnoff. Second. Aye. Chair Gort: It's been moved and second. Commissioner Suarez: Aye. Chair Gort: Yes. Ms. Thompson: Thank you. Now that ends -- Commissioner Suarez: That's it. That moves to -- Ms. Thompson: Oh, I'm sorry. Commissioner Suarez: -- defer all the remaining items. Ms. Thompson: I'm sorry. Commissioner Suarez: No? Ms. Thompson: I missed one. Commissioner Suarez: Okay. City ofMiami Page 122 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 END OF BOARDS AND COMMITTEES DISCUSSION ITEMS DI.1 DISCUSSION ITEM 11-01023 Department of DISCUSSION REGARDING A COST ANALYSIS IN REFERENCE TO Management and MOVING THE CITY'S ELECTION CYCLE TO MIAMI-DADE COUNTY'S Budget ELECTION CYCLE. 11-01023 Summary Form.pdf CONTINUED Chair Gort: The discussion item that we had, Madam Clerk, it's a discussion item that I would like to have all the Commissioners present. You want to mention a little bit of it? Priscilla A. Thompson (City Clerk): Well, actually -- okay. DI I is the cost analysis on the City election. It's up to you all if you want -- the aligning of the City election. It's up to you all. Commissioner Suarez: I prefer continue it until there's a full board. Chair Gort: Yes. Commissioner Suarez: Yeah, there's got to be a full Commission. Chair Gort: We should have a full Commission -- Commissioner Suarez: Yeah. Chair Gort: -- for that one. Ms. Thompson: So we're saying 1/12/12? Chair Gort: Yes. Ms. Thompson: Okay. DI.2 DISCUSSION ITEM 11-01160 Office of the City DISCUSSION REGARDING THE USE OF CITY HALL FOR EARLY Clerk VOTING SITE - 2012 ELECTIONS. 11-01160 Back up Documents.pdf MOTION A motion was made by Commissioner Suarez, seconded by Commissioner Sarnoff, and was passed unanimously, with Vice Chair Carollo and Commissioner Spence -Jones absent, to authorize the Miami -Dade County Elections Department to utilize Miami City Hall as an early voting site for the 2012 countywide elections. Priscilla A. Thompson (City Clerk): Then on D1.2, that's the request from the department -- I'm sorry, Miami -Dade Department of Elections requesting using the City of Miami's facilities, City City ofMiami Page 123 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Hall, here as an early voting site and a voting site for their 2012 elections. Commissioner Suarez: Move it. Commissioner Sarnoff. Well, wait a minute. Are any of you -- Chair Gort: Do we get paid? Commissioner Sarnoff. -- guys considering running for President 'cause you could have a complaint filed against you. Commissioner Suarez: Move it. Commissioner Sarnoff. I thought I saw your name there, Suarez. Chair Gort: It's been moved. Is there a second? Commissioner Suarez: I don't think could qualify. Chair Gort: Second by Commissioner Sarnoff. All in favor, state it by saying aye." The Commission (Collectively): Aye. DI.3 DISCUSSION ITEM 11-00979 Department of MONTHLY BUDGET UPDATE OF THE CURRENT FISCAL YEAR. Management and Budget 11-00979 Summary Form.pdf 11-00979-FY11 City Clerk Payroll Detail.pdf DISCUSSED Direction by Chair Gort to the Administration for the Police Chief to perform an analysis of the last five years to determine if the City ofMiami Police Department has been staffed at 100% of the budgeted amount for police officers each year. Priscilla A. Thompson (City Clerk): Then you have your DI.3. Chair Gort: Which is? Ms. Thompson: Oh, I'm sorry. Your monthly budget update. Commissioner Sarnoff.. Danny was sitting there for some reason. Chair Gort: Yes. Go ahead. I think it be important -- I'd like to have the full Commission, but I'd like for the public to hear this. Yes, sir. Nice and quick. Daniel Alfonso: Thank you. Daniel Alfonso, director ofManagement and Budget. I want to briefly say, I gave you this information earlier in the week and gave it again to you today, but the most important thing we're going to talk about real briefly is the fiscal year that just ended, fiscal year '10/'11. Where we stand right now, where we stand right now in our financial system, there is a surplus of $5.5 million in the operation for fiscal year '10/'11. That surplus will be reduced by some legal matters that need to be paid for, which -- 'cause they were accrued City ofMiami Page 124 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 because the expense was incurred in prior year. So that number will be reduced. But we're fairly confident that it will not be reduced entirely, so there very likely will be a surplus for operating year '10/71. Commissioner Suarez: Do you remember the last time that the City budget was in a surplus position at the end of the fiscal year? Mr. Alfonso: I was told about six years ago. Commissioner Sarnoff.. Pre Suarez. Mr. Alfonso: I'm sorry? Commissioner Suarez: Thank you, Commissioner, appreciate that. I'm sure the Vice Chairman would want to jump in on that, too. Chair Gort: Thank you. Vice Chair Carollo: Pre Carollo. Chair Gort: Any questions? Go ahead. Mr. Alfonso: Okay. So the other issues that we want to talk about was how we're doing in the current fiscal year. Although real briefly before we go into the current fiscal year, I wanted to point out that for the year that ended there were a couple of departments -- andl mentioned this the last time that I spoke to you -- that in the end ended up slightly above the budget, and we will be coming back to this Commission when the audit is final to get the amendment to right size those budgets. And then the information that I gave you, those departments are Code Enforcement, NET (Neighborhood Enhancement Team), the Office of Communications, Parks & Recreation, Police, and Public Facilities. And there's actually good reasons for all those. Commissioner Suarez: That's what I was going to say, yeah. I was going to ask, yeah. Mr. Alfonso: There's good reasons for all of those, and l just kind of go briefly. And when I bring the item, it will have more detailed explanation. But in brief the Code Enforcement, NET, and Communications were over budget because when the budget was put together for '10/71, it assumed certain positions would be reduced from those budgets. Those positions were AFSCME (American Federation of State, County, and Municipal Employees) 1907, and because of the final agreement in the MOU (Memorandum of Understanding) that was reached, we could not lay off those employees and they had to be retained by those departments. Therefore, it was intended that those budgets would be corrected in the mid year amendment. The mid -year amendment for '10/71 was never finally accepted by the Commission. It kept getting deferred for one reason or another, so we'll have to fix it now at year end. The Parks & Recreation Department was over only because the operation ofMelreese brought in more revenue and more expense than was originally budget. The budget was approximately $2.5 million. They ended up bringing in nearly 2.77 million and the expenses were close to 3 million. So therefore, if you had taken that excess out, the Department of Parks would have been within budget. Public Facilities was slightly over primarily because there were some issues with utilities expenses and some leaks that they had in some of their facilities. Those leaks have been corrected, I'm told. And we're working with the County to see if we can get some credit for the water excess. The Police Department was over primarily due to the fact thatARRA (American Recovery and Reinvestment Act) grants do not fully reimburse all of the costs of the police officers. They are some portions of the police officers' pay, special pays primarily, that are not reimbursable. So that -- the assumptions in the budget was these officers would be paid by ARRA, in fact, they were not, and we had to cover those costs for actually 2010 and 2011. City ofMiami Page 125 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Commissioner Sarnoff. Could you stop for a second? Mr. Alfonso: Yes, sir. Commissioner Sarnoff. Is it all right, Mr. Chair? The things you've learned now or know now are not part of new budget, right? Mr. Alfonso: The things that I learned now, like for example, this ARRA grant -- Commissioner Sarnoff. Right. Mr. Alfonso: -- is part of the new budget. We actually put aside four hundred and sixty -some thousand dollars. Commissioner Sarnoff. So the same mistakes will not be made in the '012 [sic] budget? Mr. Alfonso: That is correct. Commissioner Sarnoff. Okay. Mr. Alfonso: Okay? So in order to close out that account, we had to fund that charge, okay. Now another thing that's going to be seen in the police and fire department is the Section 175 and Section 185 payments that come from the State to the secondary pensions. Those are not really expenses of the City per se, but the money comes through the City's finances so that at the end of the year we will amend the budget to sort of accept that money and spend it, even though we actually never physically touched it. It just kind of came through our books. It's a pass -through. So that would be the only other (UNINTELLIGIBT,F)6: 36:44. Other than that, the rest of the City departments operated fine, and all these numbers are included in our estimate of the surplus. Now for fiscal year '11/'12, I've also given information to all the Commissioners. I want to say that our revenues so far are actually looking good, and there's a couple of departments, in particular Building, Planning and Zoning, that are exceeding expectations in terms of the revenue. I told the director I would say that. There he is. The Finance Department, for example, if you look at it, it seems like they weren't doing so well so far, but the fact is that the property tax revenues come in in a cyclical basis; therefore, you will see a lot of impact in that next month when we do this again. In the month of December we should get a fairly large amount from property taxes, et cetera. In terms of expenditures, if you straight line the expenditures, every department should be around 16, 17 percent year-to-date. And if you look at some of these expenditures, for the most part, were right there. There's a couple of exceptions and I want to point those out and explain so that if there's any questions, I'll be glad to answer. For example, the CIP (Capital Improvements Program) Department appears to be over, but the fact is that the CIP, the Capital Improvement Projects Department, reimburses a lot of their costs to the capital projects that they work on, and there's usually a lag between the actual incurment of the expense and the paperwork that takes place to then reimburse that expense. So as we operate, that will kind of correct itself towards the end. And we've look at the numbers and looked at what needs to be reimbursed. In fact, they are on target. So that this document allows us to look at those things that are sort of -- seem to be out of whack and figure out if there is in fact a problem, and we figured out that in this case there really isn't. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: IfI could ask a question? City ofMiami Page 126 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Chair Gort: Yes. Vice Chair Carollo: What's the time frame on the lag? Mr. Alfonso: The lag that we have right now was actually only a couple of weeks, so a pay period or two at the most. Vice Chair Carollo: Okay. That's -- Mr. Alfonso: They're actually doing pretty good. Vice Chair Carollo: -- reasonable. Mr. Alfonso: Yes. Okay. All right. Another department that I want to point out in case it comes up is the Department of Code Enforcement, andl wanted to reinforce this because we had a discussion last week. Code Enforcement appears to be over. They are supposed to reimburse to CDBG (Community Development Block Grant). We kind of suspended that reimbursement for now until we get additional information, but I want to make the Commission aware that in the end, if we don't reimburse those funds, we will have a deficit in the general fund for that department. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: I know where you're speaking about current year right now, but I want to speak about prior year. There was $800,000 that was supposed to -- it was budgeted for Code Enforcement. However, when it came down to the HUD (Department of Housing and Urban Development) vote, it was not voted. I think if we have a single audit, we may be in trouble. So do you plan to bring that to the Commission in the future? Mr. Alfonso: Yes, I do, Commissioner. And actually, we're researching in the department exactly how much was reimbursed; andl think the number, even though it may have been discussed, that 800, it actually wasn't quite that much. We think it's more in the $600,000 range from the reimbursement that we have looked at. But we will bring that in the year-end closing item to show what the expense was and request that the Commission release those funds so that we are in compliance. Vice Chair Carollo: Right, 'cause presently we're not in compliance. And if we were audited, there will be a finding and we may have to give those dollars back to -- Mr. Alfonso: IfI may say, we haven't actually closed the year yet so -- Vice Chair Carollo: Okay. So there's -- so that's why I'm kind of hinting there's time to bring it back to the Commission. Mr. Alfonso: Yes, Commissioner. Thank you. Vice Chair Carollo: Okay. Mr. Alfonso: Okay. There's a couple other departments that may be of concern, and we looked at GSA (General Services Administration) for overtime and the Police Department for overtime, and there's different reasons. For example, when I spoke to the GSA director and we looked at the numbers carefully, overtime in GSA is basically incurred in support of Solid Waste, and primarily, there are nine holidays in which the mechanics in GSA work to support Solid Waste City ofMiami Page 127 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 operations. Well, four of those holidays occur in the first and second month. Therefore, that's why it's high up front and that should balance out for the rest of the year. The Police Department, we're working with the Police Department. There's a possible use of special revenues that haven't been reimbursed in here yet, use of LETF (Law Enforcement Trust Fund), et cetera, so we're working with them to mitigate that issue, and we'll get back to you with exact information on how that's going to be resolved. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: IfI may. I want to ask with regards to the overtime of Police, it's apparent that in just these few months, they're halfway through their whole budget for overtime, and that is something that I know the Manager was very critical of the previous Administration so I want to see if he's going to continue to be critical in this Administration because in all fairness -- and I'm just going by what's presented to us. It seems like they've almost used half of their whole budget for overtime in these last few months, so I want to see how it's being addressed and what's being done. Manuel Orosa: Commissioner, Manny Orosa, Chief of Police. Basically, the overtime issue as you see it there is two -told. One is reimbursable items that we haven't been reimbursed yet, and the other one is the first two months before I sent people back on the streets in patrol. From the time I sent people back to patrol to now, we've only spent ten hours of overtime to cover shortages. So you're not going to see those numbers again in the next few months. Vice Chair Carollo: Question as far as reimbursable items, when do you plan on it being reimbursed and reimbursed from who? Is it LET -- Chief Orosa: A lot of the items -- Vice Chair Carollo: -- Law Enforcement Trust Fund? Chief Orosa: No. Vice Chair Carollo: LETF or what is it from and what's the lag time? Chief Orosa: Okay. Some of the items, UASI. Some of the items is the FBI (Federal Bureau of Investigations). Some of the items is the Marshall's. Some of the items is DEA (Drug Enforcement Agency) (UNINTELLIGIBLE) 6:42: 56 cases, so there is like a month or two lag time to post those and basically collect from those agencies. Vice Chair Carollo: And overtime is due -- if you're talking FBI, DEA, is it what, a task force? Chief Orosa: Yes. There is assigned and they work on cases. They can assign up to 17,500 a year per officer that's assigned. It's our officers working -- our officers starting cases that are turned over to the feds and they continue working it with the feds. Vice Chair Carollo: And the last question with regards to the overtime and on patrol. The only thing is -- and I just caution everyone because today you saw that I gave commendations to four officers, at least two of them were from TOS, Tactical Operations Sections [sic], and they were the ones who actually caught, you know, the subjects that had that long string of burglaries to vehicles. Burglaries to vehicles, burglaries to homes, burglaries to commercials continue to be through the roof. I asked for the numbers in the Coral Way area. I still have not received them, but I've been given the hint that it's through the roof. And judging from all the neighbors, all the residents, all the commercials that are reaching out to me, you know, I just caution that, you City ofMiami Page 128 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 know, putting everybody back in patrol as opposed to having some type of balance between Tactical Operation Section and patrol, you know, may not -- you know, maybe reduce some overtime, but at the same time, you know, crime, you know, continues to go up or at least in those neighborhoods for those type of crimes, and l just want to, you know, have a chance to discuss it and maybe have you address that. Chief Orosa: Commissioner, tactical operations still exists. We've just downsized it. Vice Chair Carollo: Okay. Chief Orosa: We've cut it by a half basically, and they're still out there. As you can see, some of them were still in uniform when they -- the tactical uniforms when they received their awards. It still exists. The other issue about the crime issues, we're going to run the numbers and we'll get them to you. Vice Chair Carollo: Thank you. Chief Orosa: You're welcome. Commissioner Suarez: Mr. Chairman, ifI may, just -- Chair Gort: Yes. Commissioner Suarez: -- to ask the Chief one question. When we briefed -- because this is an issue that's near and dear to my heart as well. When we briefed on it, two things that you explained to me. One was that our minimum staffing levels would be replenished, which they were severely deficient before you made that decision. Chief Orosa: Correct. Commissioner Suarez: And the second thing was you said you were going to return the PSTs (Problem Solving Teams) to the NET commanders. Chief Orosa: Correct. Commissioner Suarez: Which means that they're going to have in essence -- it's similar to a TOS. It's a probable -solving team person that's dedicated to doing things -- because I remember before the TOS was created or before -- not created because it's probably been around for a long time, but before it was expanded, we had the PSTs and they were working very, very well. Every time there was a problem in District 4 and we would notify the PST -- I think at the time, it was -- now our PIO (Public Information Officer), to use another acronym, Freddie Cruz, Sergeant Freddie Cruz, and he would dress up, and -- Chief Orosa: Right. Commissioner Suarez: -- 2 o'clock in the morning, he would be out there and catch -- and apprehend a lot of these issues with these specialty tactics. Chief Orosa: Yes, Commissioner, you're right. Apart from TOS still being intact but reduced, PSTs are back at the command level of each NET area commander so that each NET area commander has the say-so as to how to use those PSTs to better those communities. Commissioner Suarez: And before under the old system, that had -- they had gone away from that, so there was no -- City ofMiami Page 129 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Chief Orosa: Well -- Commissioner Suarez: -- guarantee that there would be any -- necessarily a TOS person in -- Chief Orosa: -- under the previous system, it was centralized under one command and, basically, wherever the problems were, they were dispatched to those problems. But part of the rationale to putting the PSTs back into each neighborhood is to try to eliminate the problems before they become a problem. So Coral Way's got their own. Each different NET has their own PSTs. Vice Chair Carollo: Is it possible to find out who are the PST in the Coral Way and Little Havana area? Chief Orosa: Excuse me. I forgot the -- Vice Chair Carollo: Is it possible to find out who are the PST assigned -- Chief Orosa: Sure. Vice Chair Carollo: -- to the Coral Way and Little Havana area? Chief Orosa: Sure. Let me do the same thing I did for Commissioner Suarez. I met with Commissioner Suarez and showed him what the staffing looks like, and I'll furnish your office with a staffing as well. He went from having 13 vacancies in his area to havingl think just one. Commissioner Suarez: And that's just the Coral Way area -- Chief Orosa: Right. Commissioner Suarez: -- that you're talking about. You're not talking about Flag -- because I have two areas. Chief Orosa: Right, right. Commissioner Suarez: I have Coral Way andl have Flagami. Chief Orosa: Right. So basically, each area received about the same treatment. You went from having vacancies to having probably only one, and some areas are fully staffed. Vice Chair Carollo: Yeah. I'd like to see that, if possible. And we share the Coral Way, and then I have Little Havana and you have Flagami, but we share Coral Way. Commissioner Suarez: Yeah. Andl think at the end of the day, what you andl are both concerned about is, you know, the calls for services are extremely high in Coral Way. The crimes -- not only calls for service, but the crimes themselves are also extremely high. I know we're getting off topic because we were talking about something budgetary, but -- andl spoke to you earlier today andl said, you know, congratulations on your appointment. Now we got to get to work. And you know, I would welcome the opportunity to really take a hard look at Coral Way and exactly what's going on and how maybe we can tweak Coral Way to reduce the crime basically. Chief Orosa: Okay. I'm open to suggestions. Vice Chair Carollo: One last thing. Chief -- and you may not know the answer, but let me just ask anyways -- do you know what percentage of this amount is from reimbursements? City ofMiami Page 130 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Chief Orosa: No, I don't right now at this time. That's why our budget unit is working diligently to try to ascertain how much we can expect from reimbursement. But with that amount and the amount l just mentioned that we only paid ten hours of overtime since I sent everybody back last month, it -- we should continue with paying very minimal overtime from now 'til the end of the budget year. Vice Chair Carollo: Okay. Now, again, it's just to reiterate that, you know, already half the budget has already been used up and, yeah, I understand the ten hours, but anything occurs and guess what, we need public safety. You know, cops need to go out there regardless, you know, what it cost and so forth so -- Chief Orosa: Yeah. We have -- Vice Chair Carollo: -- as an emergency. Chief Orosa: -- we also have a cushion built in of a million dollars of LETF that's going to be assigned for that overtime. Vice Chair Carollo: Okay. Thank you. Commissioner Suarez: I just want to -- Chair Gort: Yes, sir. Commissioner Suarez: -- just touch on one last point because I'm -- obviously, I'm concerned also about the overtime because of the percentage as opposed to where -- what it should be. But I do want to commend you because overall, you are doing better than, you know, the monthly threshold, which I think is Budget director had set at about 16 percent, so your expenses are below the monthly -- I mean, aggregate are below the monthly threshold, so I commend you for that. Chief Orosa: Thank you. Commissioner Sarnoff. Chief. Chair Gort: Okay, thank you. Commissioner Sarnoff. Is it all right? Chair Gort: Yes, sir. Chief Orosa: Yes, sir. Commissioner Sarnoff. I may as well discuss this as part of my discussion item. How are we doing on hiring people? Chief Orosa: Basically, since we're there, to reiterate, we already hired 16. They're on the road again. We started -- we had -- we opened up the list for certified. We closed the list. By January, we should get that particular list and start hiring people off the list. We -- instead of waiting for that, we started on a list of person -- people that are not certified, we have to send to the police academy as well. This list was dated back to 2008. It was never touched. Before we advertised to get noncertfed, we have to go through that list and then a 209 [sic] list. From that list we sent notices to a lot of people on that list and 42 said they were going to show up for orientation; only 12 came in, so we're following -- we're processing those 12. We're following up City ofMiami Page 131 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 with the 42 to see, hey, are you interested or not. And at that moment, we will get another 50 or 60 from ER (Employee Relations) from that list and continue the process. Commissioner Sarnoff. So I guess -- let me do it the way I think a citizen does it. You are 60 guys down or thereabouts? Chief Orosa: Right. Commissioner Sarnoff. All right. Chief Orosa: Fifty-four, I think. Commissioner Sarnoff. All right. And you've now hired 16? Chief Orosa: Right. Commissioner Sarnoff. So you reduced the 54 to, I don't know, 38? Chief Orosa: Um -hum. Commissioner Sarnoff. I was almost as fast as Suarez on that, but not quite. So now we're looking to hire 38 guys to keep us up to a budgeted amount, right? Chief Orosa: Thirty-one. Commissioner Sarnoff. Thirty-one. Chief Orosa: Okay. Well, those -- Commissioner Sarnoff. Only in Miami does math work that way. Chief Orosa: No, no, no. We have 30 -- your math is right, but we only -- Commissioner Sarnoff. I got you. Chief Orosa: -- received permission to hire 31. Commissioner Sarnoff. All right. And you believe the 31 will be filled in part by putting people into an academy which will take us the better part of let's just say, one year before they could go on the street, as well as looking for certified police officers? Chief Orosa: Correct. Out of the 31, we basically came up with the number of 21 certified, 10 not certified. Commissioner Sarnoff. Okay, so -- right. So then we would then anticipate that sometime in February you might be telling us we're hiring 21 police officers and we're down 10, 15 officers? Chief Orosa: Correct. Commissioner Sarnoff. So that's what the citizens should be hearing? Chief Orosa: Yes, sir. Commissioner Sarnoff. Okay. Thank you, Chief. City ofMiami Page 132 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Chief Orosa: And then -- Chair Gort: Chief -- Chief Orosa: -- sometime in February/March when we're allowed to do promotions to staff sergeants or lieutenants, then the officers number will dwindle and we have to hire some more, but you know, that's another challenge come beginning of next year. Commissioner Sarnoff. Okay. Chair Gort: Chief let me ask you a question. My understanding is always we have a budget for X'amount of officer. I'd like to get the report for the last five years if we have complied with the top -- Chief Orosa: If we have -- Chair Gort: In other words, the question is we budgeted X'amount of funds for X'amount of officers -- Chief Orosa: Correct. Chair Gort: -- every year. Chief Orosa: Yes. Chair Gort: I'd like to know in the last five years if we've been at the top -- Chief Orosa: Have we been at -- Chair Gort: How many? Chief Orosa: -- a hundred percent. Chair Gort: A hundred percent, okay. Chief Orosa: We'll get you that, Commissioner. Chair Gort: Thank you. Chief Orosa: Since we're in that note, we have also received 52 applicants for school crossing guards and we're processing those. We're -- actually, we're doing backgrounds on 26 of them, and we're also doing the -- Chair Gort: 911 ? Chief Orosa: -- 911 and the -- Vice Chair Carollo: Dispatchers. Chief Orosa: -- call takers. And we all -- on the individuals that we are processing to become officers, they already started their physical agility exams on the 14th and then we have another one scheduled for the 21 st. Vice Chair Carollo: Mr. Chairman. City ofMiami Page 133 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Chair Gort: Thank you. Yes, sir. Vice Chair Carollo: Couple of things. First of all, you're talking about the dispatchers? Chief Orosa: Yes. Vice Chair Carollo: How many dispatchers? I'm sorry. Chief Orosa: I think there was like 19 and 4. Vice Chair Carollo: Nineteen and four? Chief Orosa: Nineteen dispatchers and -- Vice Chair Carollo: Nineteen dis -- Sergeant Armando Aguilar: Sergeant Armando Aguilar, Miami Police Department. We have three dispatchers that have so far cleared the entire background process. They're now going to be taking their medical exams on Monday of next week. As soon as we receive word from the medical facility that they've cleared, they'll be ready to start the next day. We have another -- sorry. We have another four that have made it through their initial screening and psychological testing. They're going to undergo polygraph testing and background testing. And if everything there pans out for them, we'll have another four that we can bring on. Vice Chair Carollo: That's only seven in total. Sergeant Aguilar: Again, we're working off of an old list. There are a lot of people that are not interested in the job anymore, did not interview well so the pool is not very big. Once we exhaust that list, we're going to have, I think, a much bigger pool to pick from and we'll be able to get much bigger numbers. But we -- there's no way that we can bypass the current list. It's also a list from 2008. Vice Chair Carollo: Okay. Just -- that's an important position. And I'm really afraid that you might be burning out everybody that we have there, so it might be more of a problem in the near future. And one thing, Chief that you said that really caught my ear. Out of 42 officers that went through orientation, only 12? Chief Orosa: No. Out of 42 that we scheduled for orientation, only 12 showed up. Vice Chair Carollo: Do you know the reasons for --? Chief Orosa: No, sir. That's what we're checking. Vice Chair Carollo: That's alarming. Chief Orosa: I know. Vice Chair Carollo: Those -- that -- Chief Orosa: I know. And those are people that basically said that they were still interested in the job since 2008 when the list came out and they didn't show up, and we're having our background individuals go contact them to find out what's the problem; are you willing to come in or not. But originally, they said yes, we're interested, but they never showed up. Only 12 showed up. City ofMiami Page 134 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Vice Chair Carollo: And when you say originally, when originally? Was it like a --? Chief Orosa: As of -- when we started this process, probably about a month ago. Vice Chair Carollo: You're kidding? Chief Orosa: No. Vice Chair Carollo: Those numbers are alarming. Chief Orosa: Yeah. We -- actually, the orientation was for December 7, and like a couple of weeks prior to that is when contact was made and 42 said yeah, I'll be there, and only 12 showed up December 7 -- Chair Gort: Okay. Chief Orosa: -- and those are the 12 that went through their agility test on the 14th. Chair Gort: Let me ask a question. My understanding is, I have a lot of people, they're certified they want to come, they want to work, and they want to apply at the City ofMiami Police, but my understanding, you're saying there's a list from 208 [sic], that we have to go through that list first before we can hire those people? Chief Orosa: Well, what we did was we agreed that we were going to hire 21 certified. We advertised. We got applications. And sometime in the beginning of January, ER is going to give us that list and we'll start processing that list and we don't have to wait for anything. The other one is out of the 31, 10 we agreed that we would do police officers we have to send to the academy. Out of those 10, we have to go back to the 208 [sic] list and then a 209 [sic] list, and if we don't have -- if we can't get the 10, then we have to advertise and create a new list. Chair Gort: Well -- Commissioner Sarnoff. The list is -- Chair Gort: -- this is what my question is. I mean, is there any way that we can change this system and to expedite it and have the ability to --? Sergeant Aguilar: Just to -- Sergeant Armando Aguilar -- clarify that one point, Commissioner. These are two different lists. There's the list for basic recruit. These are the lists that date back to 2008/2009. There's a different list for certified officers. We can process those lists at the same time. The only thing that we're prohibited from doing is opening up another list for basic recruit and taking those people over the '08 and '09. Chair Gort: Gotcha. Sergeant Aguilar: But as far as the currently certified, we can start processing those now. Chair Gort: Okay. Because I've had people to call me that's certified that work in other departments and they had sent in the applications. Sergeant Aguilar: They should be in that recruitment -- Chair Gort: Okay. Sergeant Aguilar: -- thatjust closed December 2. We'll be calling them very soon. City ofMiami Page 135 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Chair Gort: Okay. Thank you. Mr. Alfonso: Okay. Chair Gort: Danny, any good news? Mr. Alfonso: Just to close it out, sir. I want to make sure that -- I let you know that as we move forward in the fiscal year and we gather more data points -- andl expect that that'll be probably around February -- we'll switch this report to include not only the year-to-date expense, but also a projection for where we think the year's going to end, so that'll be additional information. We also anticipate that in February, I will be coming to the Commission with a mid -year amendment. There are some general fund allocations that we need to adjust. For example, we just brought on a CFO (Chief Financial Officer) on board. Originally, the budget did not contemplate the dollars for the CFO. We took them out. So we will ask the Commission to allocate those funds. We also need to make a couple other adjustments: moorings fields, marinas was inadvertently left out, et cetera. So we'll come back to you in February with mid -year, that's my hope, and also the special revenues that need to be adjusted, grants and those type of things on the special revenue side for the mid year amendment. Okay. Commissioner Suarez: Thank you. Mr. Chairman. Chair Gort: Thank you. Yes, sir. Commissioner Suarez: I just want to thank the Commission again for supporting my first reading financial integrity modification because this is exactly what we were doing, and it's very helpful and very healthy -- even though it takes time, it's very helpful and healthy to go through the departments and find out what's going on very early on in the year so that we can catch any problems as they may arise, and we did it that year andl think the proof is in the pudding. You know, we are -- we came in 4 or $5 million on the budget depending on where we end up so. Chair Gort: Thank you. Thank you, Danny. Mr. Alfonso: Any questions? Chair Gort: Appreciate it. Mr. Alfonso: Good? Chair Gort: No. We're good. Now -- DI.4 DISCUSSION ITEM 11-01043 Department of NET DISCUSSION CONCERNING THE HOMELESS ASSISTANCE WHICH IS Administration PROVIDED BY THE CITY OF MIAMI. 11-01043 Summary Form.pdf 11-01043 Miami Homeless Assistance Program.pdf DISCUSSED Chair Gort: At this time, my understanding is we're going to have a -- the Homeless Trust making a presentation. Haydee Wheeler: Yes. Good afternoon. My name is Haydee Wheeler. I'm the director of NET City ofMiami Page 136 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 (Neighborhood Enhancement Team). As directed in the October 27 meeting, we have invited Mr. Ron Book, the -- Mr. David Raymond and Ms. Liz Regalado, from the Miami -Dade Homeless Trust, and they will be joining us in the presentation. As a courtesy, we would like for them to begin the presentation in the response to your questions, which were what assistance is provided, one, by the City ofMiami, Miami -Dade County, and other municipalities. I would like to also recognize with us today that we have Ms. Katherine Martinez, from the Miami Beach Homeless Trust, Ms. Bobbie Ibarra, the director of the Miami Coalition for the Homeless, and also with us is Mr. Dan Vincent, the executive director of Chapman Partnership. So, Mr. Book, if you please. Chair Gort: Thank you, ma'am. Yes, sir. Ron Book: Mr. Chairman, members of the Commission, Mr. City Manager, Madam City Attorney, Madam Clerk. For the record, Ron Book, 18851 Northeast 29th Avenue, Suite 1010, Aventura, Florida 33180, appearing in my role as chairman of the Miami -Dade Homeless Trust. I assume the Mayor is within ear's range. Mr. Mayor, to you as well. Let me begin -- we are fortunate at the Homeless Trust to have significant representation of the City not only through the Manager, but through the Mayor who is a direct sitting member of the Trust as well. Our goal today is to, ifI can, Mr. Chairman and members of the Commission, sort of walk you back through the history of the Trust, walk you back through the history of our mutual relationship and our partnership and tell you what we're doing, tell you what we're expending, and then answer whatever questions you all may have. I would welcome the opportunity, Mr. Chairman, to come back here once a year at a minimum and bring the City up to speed as to where we are because you are our partners and we're not doing our job if we are not keeping you and your Commissioners well informed as to what goes on in our partnership. Almost 20 years ago, Governor Lawton Chiles appointed the Governor's Commission on Homelessness in our community. There were people like Alva Chapman who chaired the Commission. There were people like Monsignor Walsh, Archbishop McCarthy, Rabbi Solomon Schiff Armando Codina, Jack Peeples, Jeb Bush, who were members of that Governor's Commission on Homelessness. It was their considerate plan as they produced the first ten-year plan to end homelessness in our community that also contemplated a number of measures. For example, it contemplated the creation of a recurring revenue stream. We remain the only community in the United States of America that has gone to its Legislature and gone to its local government and adopted a recurring stream of revenue. Other communities have ways at which they fund their homeless problem. Broward County, for example, which has replicated the Miami -Dade County homeless plan, uses another form of revenue to fund their homelessness. They back gas tax revenues out of their general revenue pot, and they refunded that with an implementation of a gas tax. They have a recurring revenue stream. Our recurring revenue stream was our legislative delegation led by then Representative Miguel De Grandy and Representative Mike Abrams, who took to the Legislature this plan that came from this Governor's task force and today all but three cities in our community -- andl will come back to this -- all but three pay a 1 percent food and beverage tax, if you eat in a restaurant that grosses over 400,000 a year and serves alcoholic beverages. When we passed that tax, Mr. Chairman, members of this Commission, we never thought in the world of projecting revenue streams, we would ever raise more than $6.5 million a year. And Mr. Chairman, you remember well because you were here. We actually thought maybe if we wished and we prayed long-term, maybe we'd get to 7 or 7.5 million. Today, ladies and gentlemen, we gross over $17.5 million a year in food and beverage tax revenues, of which 85 percent of those revenues goes directly to fund the efforts of the Homeless Trust and 15 percent of those revenues after year two goes to fund our domestic violence program in Miami -Dade County. That's about a million six, a million seven that goes to fund domestic violence programs and the balance comes to us. We created as a result of that homeless plan, the Homeless Trust, a 27-person community board that is comprised of elected officials, that is comprised of civic leaders, that is comprised of educators, that is comprised offormerly homeless individuals. It is comprised of religious leaders. In 20 years, I have served continuously. I am the only member of the board who has served continuously for 20 years. I have either chaired the finance committee, the executive committee or the full Trust during that entire 20-year period without a City ofMiami Page 137 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 break. In the 20 years of the Homeless Trust, we have never, ever, ever had to call a meeting off. We have never had to cancel a meeting because we didn't have a quorum. That 27-person board meets a minimum of once a month. Our executive committee meets a minimum of once a month. Our services committee meets a minimum of once a month. Our finance committee meets every couple of months because there isn't stuff for them to do all year but there has never been a time. Our homeless model has been declared by HUD (Department of Housing and Urban Development) year in and year out as a national best practice model. Why? Because the continuum of care model of which we set the standard for when we started 20 years ago with that 20 year plan after we came back from the Legislature. Mr. Chairman, you will well remember we came back and instead of simply throwing the money on the table and saying let's go, what did we do? We traveled all over America and we looked at what everybody else was doing. And instead of warehouse -type programs like they had in some places in Florida, in some places around the country, we didn't do that. The continuum of care model which has become the gold, the platinum standard for others to follow is what we created. We created a homeless plan that contemplated the plan to build up to three homeless assistance centers in our community. We never planned to build the third one unless there became such a need overall in the community to build them. We built our first one -- andl will remember, Mr. Chairman, you andl and only a couple of other people have been around long enough to remember this. Your colleagues were still in high school at the time when we came here to site that first facility on North Miami Avenue. Commissioner Suarez: I was in elementary school, Mr. Book. Mr. Book: You were not quite born yet, Commissioner. Mayor Clark was in the chair at the time. We came here for that Commission meeting. And this room wasn't simply full, the lobby wasn't simply full, the parking lot was full. What happened? Mayor appropriately gaveled the meeting to a halt, adjourned the meeting to two days later and we convened at the Knight Center. And the NIMBYs (Not In My Backyard) in our community were alive and well, but the courage of that Commission -- and ladies and gentlemen, there were 10, 000 people at the Knight Center that night, almost equally split. Some said about 4,500 or so in favor, 4,500 or so against, and this Commission approved that application and we built our first center. And then as we got in -- and by the way, I would be remiss ifI did not recognize Dan Vincent, who is our constant partner. Some may or may not remember that what we did is we bid with Alva Chapman as chairman of then the Community Partnership on Homeless, CPHI, now known as the Chapman Partnership. We put out an RFP (Request for Proposals). We put out an RFP for the right to build that center and to meet the conditions, Mr. Chairman, that you and this Commission sat down for us when we were before you. And they bid for the right to operate that center. And I will say to each of you, they bid not for me to pay them to do that, but they bid for the right to pay us to build it, for them to pay us to operate it. And they bid the second one for the same deal. And for that we pay 80 percent of the capital and they pay 20 percent of the capital, and for that we pay 80 percent of the operation and they pay 20 percent of the operation. And they don't simply pay 20 percent of the operation, they pay 20 percent of the operation and for as long as I can remember, the community partnership now known as Chapman Partnership writes us a check, which they delivered to us at our last Trust meeting, for $200, 000 that they're not obligated to do to help us further in our efforts. When we started 20 years ago -- and lots of people ask me why I do this. Twenty years ago -- and there are a bunch of old-timers in the room here. You'll all know what I'm talking about. We had over 8,000 people living on our streets and the bulk of them were in downtown Miami. I can still remember having to explain to my children when we would go to the Miami arena why it was people were walking with all of their worldly belongings and grocery carts. Why was it that they were all living under 1-395 and 112 and 195? Why was that? I remember, Mr. Chairman, going home one Saturday night when I served as general counsel to the Miami Grand Prix and Ralph Sanchez's operation andl turned on the national news and the picture wasn't unfortunately the cars running through downtown. The picture was our little finger inlet with all of the shacks and shanties built out of cardboard and plywood and that was the national image of what we had become. Eight thousand people plus. City ofMiami Page 138 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Today I stand before you -- Are we successful? We have less than 780 people living on our streets. It's 780 people too many, but it is a whole lot different than what you will find wherever you travel in America. Tonight, when 250 families will sleep on the street -- families, I'm not talking about individuals. Families with children will sleep on the streets of San Francisco where they have thousands and thousands and thousands in Seattle, in San Francisco, in L.A. (Los Angeles), in Denver, in Houston, in Atlanta, in Jacksonville, in Orlando, in Detroit, in Nashville, in Philadelphia, in Washington, D.C. (District of Columbia), in Chicago, in Detroit. They'll have thousands and thousands total sleeping on their streets tonight. Not in our community. The Miami -Dade County plan not only called for those up -to -three maximum facilities. Our current system has 1,593 emergency beds. We fund 914 of those beds through the Trust and 40 domestic violence beds. Of the beds we fund 554 are located within the City of Miami, 360 outside of the City ofMiami. The balance is 679 shelter beds that we do not fund; 442 of them are located within the City, 237 outside of the City. There are a total of 996 shelter beds in the City ofMiami; 597 located outside of the City. Our homeless plan called for 750 new primary care transitional housing beds. Our current system has a total of 1,949 transitional beds, two safe havens, housing 28 people experiencing chronic homelessness. Andl will tell you, Mr. Chairman, members of this Commission, let me tell you, the one complaint that we have heard in the City ofMiami over and over is we see the same faces. So last year we put a bundle of money, a million dollars plus into a targeted chronic homeless effort to get the chronic of our community off the streets. The Chairman of this board for a long time opposed something known as Housing First. They use Housing First in San Francisco and they use it in New York and they use it in Detroit. I didn't subscribe to it. Housing First says we're going to take you, Mr. Raymond, off the street. We're going to put you in an apartment, and when you're ready to come for services, come for services. Now our people will knock on your door and they'll remind you that if you need mental health services, if you need alcohol substance abuse services, if you need job training, we're here. I didn't like it because it was an expensive model and I'm an accountability freak, andl want to know where my money's going andl want to be able to count successes. I have since learned -- and it's been a number of years since I learned. The light bulb didn't just go off yesterday after 19.5 years -- that there's a place in this broad spectrum of ending homelessness in our community for a Housing First model because there are people -- it just takes them time to get there. Andl will use as an example a guy whose last name will remain anonymous. But there's a guy by the name of Mike. Mike, for the last three years, has greeted me every time I have walked in off of the east parking lot, the east Parking Authority parking lot, just to the east of the Miami -Dade County Government Center. Every day I walk in there we would talk. Three years later, just two and a half months ago, Mr. Raymond and our staff and your outreach teams moved Mike into an apartment. Mike is not fully engaged in services yet but he's off the streets. Andl would be remiss ifI didn't talk about a guy on South Beach. The guy's name was Santa Claus. Why was his name Santa Claus? 'Cause Santa Claus had a big white beard. Why Santa Claus? Because it is Christmastime? Nope. Santa Claus, every day we saw him, was wearing a Santa Claus outfit whether it was winter or the dead heat of the summer. And one day we engaged Santa Claus when we were out on one of our countywide sort of drive arounds. I didn't know Santa Claus at the time. We met Santa Claus on South Beach. And with the vodka bottles falling out of his wheelchair and the smell of booze, his dog with fleas jumping off of him, we talked. Our outreach teams knew who Santa Claus was. Our outreach teams had been working on Santa Claus for five plus years. Santa Claus and David and I ran into each other about a year ago. One of our team members said do you recognize so and so to David? David said, no, why should I? They said because that's a famous friend ofyours. David looks and says, famous friend of mine? I have very few friends. I'm just kidding. It was Santa Claus all cleaned up. If you had seen Santa Claus, Mr. Chairman, members of this board, you'd know why we do what we do. The man had sores all over him. He was out on the streets for years and years. But about that chronic homeless population, a large percentage of which live on the streets ofMiami, we're after them and they know we're after them and we're not going to stop being after every one of them until all of them are off the streets. The Trust later developed a plan for permanent housing. We had none when we started 20 years ago, Mr. Chairman. We had a goal of developing 2,500 beds of permanent housing, maybe 100 beds a year if we were City ofMiami Page 139 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 lucky. Today 3,461 permanent housing beds in our continuum of care. This amounts to 6,341 total beds in our continuum that we have created. In addition, we have 691 permanent -- emergency, transitional and other permanent housing beds under development. And key to our efforts -- andl started out by saying this -- is our partnership with the City ofMiami and the City ofMiami Beach where we have developed a coordinated outreach, assessment and placement process for homeless individuals accessing our homeless housing and services. City ofMiami homeless outreach budget is $2 million a year, Chairman. The Homeless Trust provides 1.5 million of that 2 million. City of Miami spends $196, 000 of City funding and uses an additional 351,000 of ESG (Emergency Solutions Grant) funds on our homeless outreach and related activities. Andl would be remiss, Mr. Chairman, ifI didn't take the opportunity to ask you as the City to recognize the staff at the City ofMiami who makes our efforts to end homelessness a success. And I'd like to ask each of you to stand up, please. Applause. Mr. Book: Mr. Chairman, these two guys work as long hours as anybody in your City and it matters not what time of the day or night we call on them, they are available. We would not --without them and their team, we would not be where we are today because without the outreach teams, without our assessment teams, we are a failure. We cannot bring people in if their efforts fail. They are tireless. They are dedicated. They are committed, and we cannot thank you enough for that. Andl don't know where the Manager went, but wherever he is, thank you as well. Through the efforts of our private sector partner, the Chapman Partnership, 87,691 admissions of homeless men, women and children have been served at our homeless assistance centers since our inception with a 62.9 percent success rate, which means they didn't come in and end up in a revolving door. It means they came in and we successfully moved them through the process. Continued implementation of our contract with Social Serve for our housing locator which provides online services, listing services of affordable housing units for rent and sale in our community has been essential. This joint project with public housing and community development has won two statewide and national recognitions. About three years ago, Chairman, Commissioners, we woke up and realized we had a problem and the problem was centered largely here in the City boundaries. That problem was a problem in our jails. That problem was a problem at Jackson Memorial. That problem was a problem with a bundle of institutional entities in our community that were discharging people into a state of homelessness. It was not acceptable. What happened? The board of County Commissioners passed a resolution, convened a large task force, which chaired. People from the City ofMiami, people from the County, people from the 11 th Judicial Circuit, people from Our Kids, people from the Department of Corrections, the Department of Children and Families, the State Attorney office, community mental health centers and the like all worked with us for nine months to develop a coordinated discharge planning process. You know why we had a problem under the Julia Tuttle Causeway? We didn't have a problem because there wasn't housing for those sex offenders coming out of the jail, Commissioner Sarnoff. We both know we had a problem because the Department of Corrections wasn't doing discharge planning. They were sending people. We needed a coordinated program. The state attorneys, the public defenders, legal services, everybody sat around the table and for nine months we banged out a plan and everybody signed that plan. Everybody agreed to protocols. We funded an additional outreach person so that when we get a call that somebody's leaving the back doors of the jail or somebody's being discharged from the emergency room at Jackson and they're known to be homeless without an address, our teams are there to access those people and bring them in. People want to know why our population hasn't spiked during this terrible downturn in the economy. It is in part because of that outreach effort and in part because the County allowed us, as did several of the municipalities, to use the rapid rehousing money, the 7.5 million ofAARA (American Recovery and Reinvestment Act) money that came from the federal government to prevent homelessness as a part of what we were doing with discharge planning at that time as well -- that's why we haven't had what other urban communities have had because the government allowed the body that you all have entrusted -- that's why we're called a trust. That's why the Trust, which runs City ofMiami Page 140 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 like a business, hires and fires its staff because we are accountable to you. We are accountable to your citizens. We are accountable for the monies that are provided to us and entrusted to us to make sure that the least, the last, the lost, and the forgotten of our communities are in fact getting the services that are consistent with the ten-year plan to end homelessness in our community. Over the past two years alone, we have placed over 15,504 men, women and children into emergency housing. We have placed 2,318 men, women and children into transitional housing. We have placed 13,233 homeless men, women and children into permanent housing, in market rate and permanent supportive housing programs throughout our community. We have secured more than $345 million in US (United States) HUD funding since 1994. Our first year's competitive funding award was $11, 279, 265. This year's award was close to $30 million and the fourth largest competitive award in the country. We are recognized by people at the US Department of Housing and Urban Development as a model and they reward us, and it would not work, Mr. Chairman, members of this Commission, unless we had the buy in of you and the County and all of the other municipalities in this community. It would not work unless the community as a whole continued to buy in and support our efforts by eating out. And by the way, everybody who's watching and listening, please eat out in restaurants in the City ofMiami. Please eat out in restaurants in the City of North Miami and in North Miami Beach. Please eat out in restaurants that have a food and beverage license, meaning that they serve alcoholic beverage. We don't have to encourage you to drink, but we encourage you to eat out there. Why? Because that is subject to our 1 percent tax. I would be remiss ifI did not talk about the $95 million of private sector funds that had been collected largely because of the effort of our private sector partner, the Chapman Partnership. And ifI did not recognize all of the providers of services, whether those are the providers at Better Way or those are the providers at Lutheran Services or those are the providers at Citrus, or they're the providers at the Salvation Army, Camillus House, they're the providers at the Rescue Mission, the providers of our community and that involves many of the community mental health centers, like Miami Behavioral and the like. IfI did not recognize them, I would be remiss because while we pay them a per diem per body per head, we would not be successful without the commitment and the dedication of they and their staffs to making sure that the proper protocols of working to -- as we engage homeless individuals to get the proper care and services that they need. We have collected more than $165 million in food and beverage taxes. The tax brings in, as I've already told you, a little over $17 million a year. We've received a set aside of 20 million in HOME (Home Investment Partnership Program) and CDBG (Community Development Block Grant) funds for homeless capital projects. We've secured a million one in municipal contributions for our short-term plan. And Mr. Chairman, I could go on and on. I don't want to -- I've got pages of additional accomplishments that we can talk about, butl would just say the following. We just opened a $15 million permanent housing project in Homestead. I will use it as an example. When the County put out its general obligation bond program, we went to the County and we made the case to give us $25 million of affordable housing money. We got 15. We looked everywhere. We looked for a year and a half at what we would best use those monies for. We finally decided to put it into 145 townhouse units for families conditioned upon them being -- one member of the family has to have a disability, military folks get a first crack. We not only built 145 units of housing that any one of us, any one of us would be proud to live in today, but in our efforts to look around the country at what everybody else was doing -- Because you know what, we know we're good, but we know that we still have room to learn. That's what the discharge planning task force was about 'cause we knew we were missing something. But we went around the country, and we went as far as California and we went as far east as New York. And not only did we build those 145 beds, townhouse units, we built a farm. And you know what else we built? We built a farmers' market. And so the folks that end up fortunate enough -- and by the way, a bundle of people that were here in the City are living down there now. They can go out and grow crops on the farm. They can harvest them. They can make and create other products and they can go sell them in our farmers' market. The place is called Verde Gardens. Michelle Gillen the other night did a story during Homeless Awareness Day on Verde Gardens and a family that we've accessed off the streets of the City ofMiami, Mr. Chairman, that's living down there with her family. We have taken and built several -- we have taken properties in the City and helped City ofMiami Page 141 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 induce the affordable housing developers. The most notable, the most notable is Villa Aurora, where we built a public library on the ground floor. Andl assure you, if you go over there and you look at the units, we'd all go live in one of those as well because we treat our homeless folks with respect and dignity because we've got a program that's about taking people off the streets, reeducating them, refraining them, getting them the services they need and getting them back into working society. You can go and look at the Royalton project. We took an old historical building in downtown Miami and we put it to good use. Mr. Chairman, members of the Commission, I appreciate the time and the indulgence you've given me. I really could go on for another hour. Chair Gort: That's all right. Mr. Book: I am so proud -- Chair Gort: We'll take your word for it. Mr. Book: Chairman, I am proud of the opportunity thatl am given to give back to my community. My staff occasionally wants to make sure thatl don't miss something. Let me just add one thing before I close. In terms ofMiami Beach -- well, I don't need to read what's written -- let me just say this. Related to the City ofMiami Beach and discussions that have apparently happened and occurred here at the City, let me say the following. City ofMiami Beach's budget is 925, 000 for homelessness, of which 629,000 are city general funds for homeless services and an additional 180,000 in their entitlement funds. And the Homeless Trust allocates $87, 000 in food and beverage funds and $60, 000 in HUD funds in Miami Beach. The Beach outreach teams have access to 20 emergency beds and fund an additional 48 beds directly. Out of 140 currently operating housing programs, 12 housing projects are located directly on Miami Beach, with a total of 236 beds. This does not take into consideration homeless people living in scattered site units on Miami Beach through a number of the balance of 128 housing programs in our system. Let me just end by just saying the following. I've been in this community since I was six months old. Chairman, I know you probably as long as I know anybody in this room. I love this community. I wouldn't want to live anywhere else. When I left the governor's office in 1982, I had a chance to go anywhere I wanted to go. I came back home to this community. I am privileged to have the opportunity to do what do, and I love this opportunity. I don't ever want you or this Commission to ever think twice about asking us easy questions, hard questions, painful questions about what it is we do. I take the business of ending homelessness in this community more serious than I take the work do in my private practice. It is more important. This is our community. I never again want to turn on national television and see what saw just 20 years ago today. I never want to see that. And the accomplishments that we have done have been done and accomplished because we have a community of 2.5 million people who are helping us and are committed to helping us end homelessness. Thank you very, very much, Mr. Chairman. Chair Gort: Thank you, Mr. Book. At this time, does any board member have any questions? I do. First of all, congratulate you all, butt have a couple of questions. Mr. Book: Yes, sir. Chair Gort: My understanding is that -- because I've been dealing with the homeless from way back when I was with downtown, the executive committee and so on. One of the major problems we have is a large population with the mental ill. My understanding is the location at the Doral, the County location was closed and one of the reasons we getting more people into downtown Miami is 'cause they close that facility where they used to take individuals on Doral, the 36th Street. The -- my understanding, it has been closed. The police station there, the retention place they have there. City ofMiami Page 142 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Mr. Book: TGK (Turner Guilford Knight). Chair Gort: Yeah. My question is in your meetings with all this County and the judges and all that, is this being considered? Because at one time people were taken to that station -- Mr. Book: Okay. Chair Gort: -- now they're taken to downtown Miami. Mr. Book: I don't have an answer to that, Mr. Chairman. Mr. Raymond may. David Raymond: IfI may, Mr. Chair. David Raymond, director ofMiami-Dade County Homeless Trust, 111 Northwest 1st Street, Miami. In terms of where people have been taken, they've been taken -- homeless people who are identified as homeless have been taken to the downtown jail for as long as I've been doing this, which is when I used to have hair and everything. So what we've done is part of what Mr. Book was talking about, the $340,000 that we contract with the City for has not only the outreach teams that go to the bond hearing and the arraignment every day, members of Sergio's staff who I also want to thank personally for all the work that Sergio and Lazaro do, but they also have an office actually in the courthouse now that's been arranged through the memorandum of agreement. So I don't believe that that's been part of what's led to an increase in downtown. And we've seen downtown sort of do this over the years and holding somewhere around 300 and it's been coming up a little bit in the last couple of years. We actually went down. Now we came back up. The bulk of our homeless population, of the 789 people that Mr. Book referred to, are in two places, downtown Miami and Miami Beach. That's over 500 people. And those two numbers have been holding constant for some time, which is why we put this other effort in place where we put almost a million dollars into this case rate program that Mr. Book referred to. So I don't know that it has anything to do with the jail so much. I think part of what we've seen is last year Camillus House -- I should say this year, I'm sorry, Camillus House closed their shelter in downtown. They closed the pavilion that they had behind Camillus, which housed over about 180 people, and they closed the shelter. That, to me, is the greatest reason why the population's gone up. I don't think it has anything to do so much with the jails. At least that's my opinion. Chair Gort: Well, one of the major problems we have is not only downtown Miami Beach, it's Allapattah. You have the correctional facilities in Allapattah. You have the health facility, Jackson, in Allapattah. And we seeing people been moving out of downtown into that area, into that neighborhood. Mr. Raymond: IfI may. The people we're seeing around that area are traditionally around like Mother Theresa's, where they have a feeding program and where Camillus House is now constructing their new center. And we're hopeful that once the new Camillus House site is complete, which is being built in phases, that that will be able to serve many of the people from that community, but that is an area that -- Chair Gort: And the reason I brought the building up because maybe in your meetings with the County and all of other facility -- that facility that sits there on 36th Street could be used. I mean, it's a shame that it sits there empty. Mr. Book: We would share your thoughts on that. We're -- let me say one thing. Look, in the 20 years of doing this, we never ran at capacity for longer than a 15 or 20-day period. We've now been at capacity in our system going on a year and a quarter, maybe a little bit better. I said to you in closing that it's a privilege to serve and that we're a Trust and that we run this like a business. Part of that has been to put monies aside to deal with pending crises that we knew would come about. One of the things we did is we -- when we were at capacity -- You know, it was just four years ago, and you'll remember this. A number of years ago we started putting a City ofMiami Page 143 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 few dollars into a line item in our budget for a negotiated hotel room for families. It is our position -- it has always been our position if we find a family on the streets, they're coming off of the streets today, whether I have a bed or a family unit at the HAC (Homeless Assistance Center) in Homestead or the HAC on North Miami Avenue, that family's coming off the street. Just three or four years ago our line item swelled to $50, 000. I would venture to say that we will spend a seven figure amount of money on those hotel rooms this year because of our commitment not to allow families to sleep on the street at night. What we have done in response to the -- is more of the downtown problem, Chairman, than anything is we put out an emergency bid. We let 50 beds out and then 100 beds out and then 150 beds. I pay $18 a day for those beds and that includes meals so that we could get people off the streets that otherwise we couldn't and didn't want to put in hotel rooms. We are in the process of reconfiguring 44 bed increase at our North Miami Avenue HAC and down in Homestead. Why? Because I don't want to spend money on hotel rooms when I've got families who need to be off the streets and there's a better way to serve them and access our services. At the end of the day, we had 150 people living in emergency-bidded facilities so that we don't have them living on our streets. So while I am sensitive to the point you're making, I will -- we will certainly reengage the issue at TGK. Chair Gort: Ron, I know your dedication. I was the swinging vote in 1994 to -- Mr. Book: Yes, you were. Chair Gort: -- make sure we build that facility andl really appreciate the Trust and the work you all do. I think it's tremendous work. We have accomplished quite a bit. I think we need to accomplish a lot more. And personally would be willing to work with you all on everything that I can because I think this is a crisis that we have, a problem that we have and we all have to work as a team. Now, I think the -- you have taken a long time, but I'm glad you did because I think it's very important for the people that are sitting here today and the people that are watching to know that something is being done about the homeless. A lot of people that stand in the corners and they could be help, but they don't want to receive help and people are giving money to them and that makes it even worse because a lot of people there are making a lot of money standing on the corners. There is help. We have over $17 million dedicated to help these individuals, so please, let's all work as a team. I'm glad you made this presentation and thank you once again. I don't know if any other Commissioners -- Mr. Book: Chairman, thank you. I want to also say to you -- because this was -- this is a creation of the City ofMiami. At the end of the day, let me be clear. Tomas Regalado -- Commissioner Tomas Regalado became a member of the Homeless Trust because of an issue in the City ofMiami, because of the feeding people on the streets issue. Let me be clear. We don't believe in feeding people on the streets. That's why we've got feeding sites that are established that came about because of this City, because of the leadership of this City, because you came to us and you asked us to engage and we did. And the second issue that came to us was the issue of panhandling. And, folks, let me tell you, feeding people on the streets simply says being homeless is okay. It negates not only the mission of what we're doing to end homelessness, but it says that property owners have no rights either because if you're eating on the streets, you're leaving all your junk on the streets and you're defecating and urinating on the streets. That's not okay. And the second thing is panhandling and it's not okay. Putting dollars and nickels and dimes and quarters and pennies -- andl am very sensitive as to what time of the year it is, but folks, I'll tell you what I promise you. Thirty million dollars or more is going into buckets, cups and hats and not one nickel, not one dime, not one penny buys a bed, a service or food for real homeless folks. Our effort which is geared to your DDA (Downtown Development Authority) folks and to the downtown core is to get these meters in. And this City has helped us by passing an ordinance that allows us to install these where businesses want them installed so that people can find a convenient way to truly help homelessness where 100 pennies on every dollar goes to buy more beds, more services and more food for truly homeless people. You all have helped us make that happen. It wouldn't happen without that. And what we did last week -- and we City ofMiami Page 144 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 M.1 11-01116 focused on downtown Miami, Mr. Chairman. We focused on it. Our downtown cardboard brigades last Thursday, December 8, on Homeless Awareness Day, were out on the streets on Biscayne Boulevard handing these cards out to motorists, multiple cards so that when people see panhandlers, hand them one of our cards. Tell them we got a bed for them and don't put any money in their cups, buckets, and hats. Put them in our meters. Thank you. Chair Gort: Thank you, sir. I guess you're a little dedicated to this, a little passionate. Thank you very much for all the support and all the work. Sergio Torres (Office of the Homeless Programs): Mr. Chairman, if you allow me to -- Sergio Torres, Homeless Program administrator. The item that you approved this morning, the $340, 000 on CA.10, is the memorandum of agreement that Mr. Book and Mr. Raymond were talking about to address the issue of people leaving the jails and the hospital. And by the way, we met with the Manager yesterday on the issue ofAllapattah and the increase of homeless in that corridor of University ofMiami and we working on it. Chair Gort: Thank you. Ms. Wheeler: Mr. Chair, I know we've taken longer than we were supposed to. In your package was the presentation for the Miami Homeless Assistance, what the City provides with the County. If you have any questions, we'll be glad to answer. If you want us to come back another day, we can do that presentation then. Chair Gort: Thank you. Any questions? Okay. Thank you, ma'am. Ms. Wheeler: Thank you. END OF DISCUSSION ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION IN SUPPORT OF MIAMI-DADE PUBLIC SCHOOLS' 2012 STATE LEGISLATIVE PRIORITIES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 11-01116 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-11-0513 Mayor Tomas Regalado: Chair. City ofMiami Page 145 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 M.2 11-00980 Chair Gort: Mr. Mayor, you asked to be recognized. Mayor Regalado: Thank you, Mr. Chairman, members of the Commission. You know, every year the Miami -Dade Public School system has their state legislative priorities and every year the City Commission looks at them and concurs, if that is the case, and support a resolution that -- in support of the priority of the state legislation, the School Board priorities. So we have here Iraida Mendez, assistant superintendent for the Miami -Dade School Board, and she will outline the priorities for you. I got to say that we are, as you know, Mr. Chairman, partnering with the School Board to do the Workforce office in Lindsey Hopkins, and Iraida and Alberto Carvalho are working with the Administration to resolve all the issues. So it is my pleasure to introduce Assistant Superintendant Iraida Mendez. Chair Gort: Thank you and welcome. Iraida Mendez Cartaya: Thank you, Mr. Mayor, Mr. Chair, Commissioners. I wanted to be here to thank you for your support on this legislative priorities for the school system for this upcoming legislative session and our continued partnership. As we go to -- into the legislative session, we are asking three main priorities, and that is, minimally level funding. The school district's budget over the last five years has been decreased by $2 billion, $2 billion over the last five years. And we have thus far been able to protect our quality teachers and quality programs such as art, music, and P.E. (Physical Education) in our classrooms, but should we be facing significant reductions that could be looming based upon the economic outlook of the state, we would be having to look at those coveted programs. We welcome the Governor's proposed recommended budget that would increase K-12 funding by a billion dollars. We're disheartened as to where necessarily the sources of those additional monies 'cause they would be coming out of other social services throughout the state. Another priority is the continuation of the co -enrollment policy, which has been a policy that the school district implements in order to ensure graduation. And as you've seen in the news, our graduation rates in Miami -Dade is at an all-time high at 78 percent, 2 percentage points short of what the state average is, and we are well on our road to meet or exceed that graduation rate next year. And the continuation of the co -enrollment policy will ensure that we would be able to meet it. And finally, we are looking for solutions to deal with the $1.7 billion deferred capital outlay needs ofMiami-Dade County Public Schools. So with that, I greatly appreciate your support on these priorities as we start our legislative session early in January. Thank you. Chair Gort: Thank you. We very much support. We think education is very important for this community. Thankyou. Thankyou. Mayor Regalado: It's a resolution -- Commissioner Suarez: Move it. Mayor Regalado: -- of the City Commission. Chair Gort: It's been moved by Commission Suarez, seconded by Commissioner Sarnoff. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT THE DONATION OF A SCULPTURE ENTITLED "FLORA LA RECOGEDORA DE SUENOS" ("SCULPTURE"), FROM THE CUNDO BERMUDEZ MUSEUM AND City ofMiami Page 146 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 M.3 11-00878 GALLERY ("BENEFACTOR"), AT AN ESTIMATED FAIR MARKET VALUE OF ONE MILLION DOLLARS ($1,000,000), WITH THE BENEFACTOR BEING RESPONSIBLE FOR FUNDING THE CAPITAL IMPROVEMENTS, DELIVERY AND INSTALLATION OF THE SCULPTURE, TO BE PLACED ON THE WESTERN EDGE OF THE AREA KNOWN AS THE "DEEP WATER SLIP" ON BISCAYNE BOULEVARD, BETWEEN BICENTENNIAL PARK AND THE AMERICAN AIRLINES ARENA, MIAMI,FLORIDA, AND THE CITY OF MIAMI FUNDING THE ONGOING MAINTENANCE OF THE SCULPTURE UPON COMPLETION OF ITS INSTALLATION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT ACCEPTANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 11-00980 Legislation.pdf 11-00980 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones Mayor Tomas Regalado: Mr. Chair -- Chair Gort: Yes. Mayor Regalado: -- I had a -- also an item that we can either bring it back -- it's no rush -- in January. It's up to you guys. It's about the statue from the Cundo Bermudez museum and gallery that it's been donated to the City. But if we got a big agenda, we can do it in January. It's no rush because the statue -- Chair Gort: Okay. Mayor Regalado: Okay. Chair Gort: Thank you, Mr. Mayor. Mayor Regalado: Thank you. Chair Gort: Appreciate it. Thank you. Commissioner Suarez: Do we move to continue that item? Move to continue. Commissioner Sarnoff. 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. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCALAGREEMENT BETWEEN THE TOWN OF CUTLER BAY AND THE CITY OF MIAMI, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE City ofMiami Page 147 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 D1.1 11-01026 ESTABLISHMENT OF THE GREEN CORRIDOR PROPERTY ASSESSMENT CLEAN ENERGY (PACE) DISTRICT. 11-00878 Background Materials.pdf 11-00878 Legislation.pdf 11-00878 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Note for the Record: For minutes referencing item M.3, please refer to Order of the Day." END OF CITYWIDE ITEMS DISTRICT 1 CHAIRMAN WIFREDO (WILLY) GORT RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CODESIGNATING NORTHWEST 28TH STREET FROM NORTHWEST 7TH AVENUE TO NORTHWEST 12TH AVENUE, MIAMI, FLORIDA, AS "BETH LANG WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 11-01026 Letter of Request - Codesignating Beth Lang Way.pdf 11-01026 Legislation.pdf 11-01026 Exhibit 1.pdf SPONSOR: HONORABLE MAYOR TOMAS REGALADO Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones R-11-0535 Chair Gort: Yes, ma'am. Priscilla A. Thompson (City Clerk): Just to be clear, Chair, before we adjourn. You tabled RE.19, and you do have discussion items for District 1. Chair Gort: At this time, my discussion item -- I can't even think what it is right now. Ms. Thompson: Well, you have one that's a resolution for codesignating Beth Lang Way. Chair Gort: That one, yes. City ofMiami Page 148 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 D1.2 11-01159 D2.1 11-01024 D2.2 11-01070 Ms. Thompson: Okay. So you want -- Chair Gort: I think you all have the history of Beth Lang Way, which is the one person that help a lot of the people in my community, and I was asking for the naming of that street. Do I have a motion? Commissioner Sarnoff. So moved. Vice Chair Carollo: Second. Chair Gort: It's been moved and second. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. DISCUSSION ITEM DISCUSSION OF PROPERTY LOCATED AT 1800 NW 36 AVE. 11-01159 Email - Property Located 1800 NW 36 Ave.pdf NO ACTION TAKEN END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF DISCUSSION ITEM DISCUSSION ON FOLLOW UP STATUS ON THE POLICE HIRING'S. 11-01024 Email - Status on Police Hiring's.pdf NO ACTION TAKEN Note for the Record: The subject matter of item D2.1 was discussed as part of item DI.3. DISCUSSION ITEM INSURANCE RATES FOR RESIDENTS WHO RESIDE IN JURISDICTIONS THAT HAVE RED LIGHT CAMERAS. 11-01070 Email - Insurance Rates for Residents.pdf NO ACTION TAKEN END OF DISTRICT 2 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO City ofMiami Page 149 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 D3.1 11-01172 DISCUSSION ITEM AUDITOR GENERAL UPDATE AND DECISION. 11-01172 Email -Auditor General Update.pdf DISCUSSED Chair Gort: We have one discussion item andl think we need to look at it. It's the -- your discussion item, Vice Chairman, your auditor's general. And I suggest -- I guess some suggestions to the Clerk. Vice Chair Carollo: Yeah. Give me a -- thank you, Mr. Chairman. I wanted to bring an item for discussion, which is the auditor general. If the Manager could -- or I think Ms. Pruitt, the director of Human Resources/Employee Resources [sic], could discuss the process and where we are in the process because I think it's a position that is extremely important for the City ofMiami andl want to move with it as expeditiously as possible in order to get the next auditor general on board. Beverly Pruitt: Yes. Through the Manager -- Beverly Pruitt, director of Human Resources. Through the Manager's office, we supplied you with the list of the recommended candidates from your committee. Vice Chair Carollo: Now the recommended candidate -- it was my understanding that the -- it was supposed to be three and I'm seeing five. Commissioner Suarez: I saw three. Chair Gort: My understanding -- Vice Chair Carollo: I saw five. Commissioner Suarez: I got three. Chair Gort: -- I received ten resumes, of which, my understanding, seven was recommended by the committee and three alternatives. Commissioner Suarez: I only got three. Chair Gort: I have all the resumes here of all the individuals -- Vice Chair Carollo: Right, right, right. But they -- Chair Gort: Okay. Vice Chair Carollo: -- the selection committee went through those resumes -- Chair Gort: Yeah. Vice Chair Carollo: -- andl don't know if they did interviews or how they did it, but the bottom line is they came up with -- I received a memo that said five, but I thought it was supposed to be three. Commissioner Suarez: I got a memo that said three and there was three resumes. Andl actually City ofMiami Page 150 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 reached out -- I mean, we're in the process of reaching out to my board appointee to get his recommendations out of the three who I got. Vice Chair Carollo: Right. Ms. Pruitt: I believe the memorandum was updated recently to you just in the last day or two from the Manager's office that indicates the list of the people who were recommended. Commissioner Suarez: And how many people were on that list. Do you know? Ms. Pruitt: I know there were three alternates. I believe there were seven. Chair Gort: Seven. Ms. Pruitt: But I can get the memorandum for you. But it's dated within the last day or two. Vice Chair Carollo: Could we table this until we get the exact memo and -- Commissioner Suarez: Yes. Vice Chair Carollo: -- and see dates and times and so forth? And what would like to do is see who they are and then make a recommendation that each member of this Commission reach out to them and then see if, by the next Commission meeting, we could deliberate and see if we could come up with a -- the next auditor general. Commissioner Suarez: Sounds perfect for me. Chair Gort: I've come up with some suggestions, which I gave to the City Clerk, and she can pass it around later on. And my suggestion is -- I got all ten of the individuals. What I did, I put it down to about three that looked at the resume and check with the people -- my person sitting on the committee and see his recommendation also. So at this time, what I'd like to -- yes. You want an interview and that's fine, but think for the next Commission meeting, we should have a process to select that person. Vice Chair Carollo: I agree. I think for the next Commission meeting we should deliberate and select who our next auditor general is going to be because I just -- I don't want this process to keep lingering. I think we need an auditor general andl think we need one as soon as possible. Commissioner Suarez: I agree. Chair Gort: Agree. Okay. Ms. Pruitt: Mr. Chair, ifI may? Chair Gort: Yes. Ms. Pruitt: I have the memorandum, dated November 22, that was sent to the Commission. It lists five individuals that were recommended by the committee with three alternate candidates. Commissioner Suarez: I got -- Vice Chair Carollo: And -- Chair Gort: Right. City ofMiami Page 151 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Commissioner Suarez: -- one more recent, I think, than that. Vice Chair Carollo: And that's what I recommend -- Commissioner Suarez: I felt like I got one in -- Vice Chair Carollo: -- that's what I remember, that there was five candidates with three alternate. Ms. Pruitt: Yes, sir. Vice Chair Carollo: So -- Commissioner Suarez: I'm looking through my e-mails (electronic) to see ifI could find one. I thought I had one more recent than that that -- I mean, like literally within the last week or two. Maybe I'm wrong. Chair Gort: The 22nd, 5. Ms. Pruitt: November 22 is the date of the memo. Chair Gort: Right. Ms. Pruitt: But there was recently within the last day or two, we just sent that again to you so that may be the -- Chair Gort: With the same names and the same --? Ms. Pruitt: Yes, sir. Chair Gort: -- resumes. Yes. Vice Chair Carollo: But it was my understanding that the selection committee -- andl think either was supposed to just pick three or they picked three or -- regardless -- Commissioner Suarez: That's what I thought. Vice Chair Carollo: -- I'm going to look at those five and I'm going to start making the phone calls to them and, you know, be prepared for the next Commission meeting to -- Commissioner Suarez: Yeah. Vice Chair Carollo: -- make a selection and deliberate, you know -- Commissioner Suarez: I think that's perfect. Vice Chair Carollo: -- debate with my colleagues so, you know, we could choose one -- choose an auditor general -- Commissioner Suarez: I think that's perfect. Vice Chair Carollo: -- 'cause I -- you know, I think this process is lingering way too much and -- Commissioner Suarez: Yeah. Vice Chair Carollo: -- I think it's time that we -- City ofMiami Page 152 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Commissioner Suarez: Make a decision. Vice Chair Carollo: -- we choose. Chair Gort: If we do our homework we should be able to select someone in the next Commission meeting. Ms. Thompson: Chair, ifI might? Chair Gort: Yes, ma'am. Priscilla A. Thompson (City Clerk): I just want to be clear. So are you saying that at the next Commission meeting, which is January 12, you have devised a process that you're going to use to make your selection, which will be to look at -- is that what you're saying? Or you'll do it then? Vice Chair Carollo: What -- Chair Gort: I would like to recommend a process at this time. If we're going to be interviewing individuals and we're going to be looking at resume, I think we should all come up with three names for that -- and if we can come up with three names before the meeting, submit it, and if all of us -- or the majority agree on X'amount of people, those are the people we should interview. I think we should limit it to three. Select -- short list it to three, if you all agree to that. Commissioner Suarez: But I think what the Vice Chairman was saying is that he wants us to have a selection next Commission meeting, like an actual person, right? Chair Gort: Right. Yes. That's what I'm -- Commissioner Suarez: Oh, okay. Perfect. Vice Chair Carollo: Yeah. We choose from those three. Commissioner Suarez: Oh, okay, perfect. Chair Gort: My understanding is the City Clerk's asking to recommendation how we should go about it, but -- Commissioner Suarez: Perfect. Chair Gort: -- my suggestion is we're going to be interviewing these individuals, we looked at the resume. We should each come up with the top three that we think it is and see how many of us can agree on the same person. Commissioner Suarez: Okay. Vice Chair Carollo: Madam City Clerk, I'm not sure if you're the right person to ask. By then -- by when do we have to come up with the names of three prior to the five-day rule? And you may not be the right person. You may need some time to think about it. You may not be the right person to ask. Ms. Thompson: It sounds as though it would have to be prior to the five-day rule. Vice Chair Carollo: Right. Do you know what date that would be? I'm just -- City ofMiami Page 153 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Ms. Thompson: Oh. Vice Chair Carollo: Because -- remember, we're also going to have to interview at least five of them because that's on the short list. So to interview five to see which are -- you know, narrow it to three, it's going to take some time and not only that, we're facing, you know, holidays, we're facing New Year's, so I don't know if they're going to be available. Chair Gort: That was my suggestion and I'll leave it up to you all. Ms. Thompson: Five-day rule would be January 4. Vice Chair Carollo: January 4. Ms. Thompson: That's distribution. Chair Gort: We're not going to have time. Vice Chair Carollo: I don't think we are going to have time. Chair Gort: Make it the second meeting. Vice Chair Carollo: No. I'll tell you what, if anything, we'll bring up the five names, and from those five names we'll discuss and -- Chair Gort: Okay. Commissioner Suarez: I figured out what it was, why I was confused. It was one, two, three, four -- yeah, it was eight, I guess, originally, but there was a secondary e-mail sent that had some corrections on the resumes and that was only three resumes andl got confused with the three -- thinking that those three -- Ms. Pruitt: Those were the only ones. Commissioner Suarez: -- were the only -- right. Ms. Pruitt: I got you. Commissioner Suarez: So my apologies. Vice Chair Carollo: Okay, so -- Chair Gort: Okay. Vice Chair Carollo: -- we should have a resolution before us, if it's by resolution, of the -- right -- with -- you know what, yes, let it have blank, and we'll deliberate to see which is the candidates that we want and there we'll see -- we'll mention why and so forth. But we should be ready by the first meeting in January to come up with who our auditor general is and we'll do our own interviews, if that's okay with the rest of the members? Chair Gort: It's fine. I mean, people need to understand this individual's going to work for the Commissioners so the Commissioners the one that's got to ask them andl got to him what is expected from him, not only to do the financial audit but performance audit of each department. Yes, ma'am. Ms. Thompson: Chair, andl apologize for asking the questions, but I just need to be clear. So City ofMiami Page 154 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 are you going to be considering any of the alternate candidates that were listed? You had five main individuals and three candidates -- I'm sorry, three alternates. Vice Chair Carollo: Madam City Clerk, I think what we're going to do is in the next meeting, the Commission members, from the list of the five, plus three alternate, will prosper [sic] a name who they believe should be the auditor general and we'll see if we get three votes. And if not, we'll continue the process and we'll go to the next name and we'll see when we have the three votes. Ms. Thompson: So that's not the top three that you'll be voting on. You're not going to -- Vice Chair Carollo: We never received the top three. We received the top five. Chair Gort: The top five. We're going to interview and we're going to sit down with each one of them and we're going to come back on the next meeting in January with names that we're going to bring up and see how many has three votes. Ms. Thompson: Thank you. Vice Chair Carollo: Thank you. Chair Gort: Thank you. D3.2 DISCUSSION ITEM 11-01173 DISCUSSION REGARDING COST OF THE NEW SEC INVESTIGATION. 11-01173 Email - Cost of New SEC Investigation.pdf DISCUSSED Vice Chair Carollo: Mr. Chairman if, ifI -- Chair Gort: Yes, sir. Vice Chair Carollo: -- could on discussion D3.2, discussion item number two. Madam City Attorney, we recently heard about a new SEC (Securities & Exchange Commission) investigation. Most of it, I would imagine, is before my time. However, we -- you know, this Commission now has to deal with it. And one big issue is the cost. Could you give us some insight on what you estimate would be the cost and what would go into all the details. We already gone through one SEC investigation and actually, it's not even over. So can you give us some insight, please? Julie O. Bru (City Attorney): Thank you, Vice Chair. And actually, I'm glad that you're bringing this up 'cause this gives me an opportunity to bring up a pocket item on a related matter, not what you actually, you know -- but it still involves bond compliance. As you know, we were served -- I was served with a subpoena from the SEC back in -- I think it was on December 1. The subpoena concerns the Marlin's stadium bonds, and it's asking for information regarding the bonds that were issued. My recommendation is that under the authority that you have previously granted me, I will continue to use the firm of Morgan Lewis to represent the City in connection with this document production. That is all that it is at this time. It's producing documents. We've already started to gather the documents. I don't anticipate that this investigation is going to be as complicated as the previous one because it's very focused and the documents are very targeted at one particular issue, so hopefully it's not going to entail the kind of expense that we have for the previous investigation. And the rate that we have from Morgan Lewis is a very City ofMiami Page 155 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 D3.3 11-01174 reasonable rate based on the caliber and quality of the attorneys that we're retaining. So that's my information regarding this one. I can't tell you exactly how much I anticipate it's going to cost, but I can assure you that we're going to do whatever we can in-house with respect to the document production. This is going to be a little bit different because unlike the other one, we're not going to go through the documents the way we did before. We're just going to give the SEC everything they're asking for because it's very focused and targeted. The other investigation required a lot of -- Commissioner Suarez: Depositions. Ms. Bru: -- leg work, a lot of heavy lifting. This one is very different. It's very focused. So hopefully we're just going to provide the documents and the expenses will be managed very appropriately. DISCUSSION ITEM STATUS ON HIRING NEW POLICE CHIEF. 11-01174 Email - Status on Hiring Police Chief.pdf DISCUSSED Chair Gort: Okay. Now we'll close the regular meeting and -- Vice Chair Carollo: Last item -- and actually, no. 171 bring it back up again. And the last item was status on the hiring of the new police chief. We know that the new police chief has been hired so congratulations. I just have one question, only because I haven't followed up. I haven't spoken to this person in a couple of days. But there was some talk about the community panel not being able to ask questions or they were upset or so forth. Has that been cleared up? And again, I haven't reached out to my member, but I know he was pretty upset, you know, few days ago or at least a week ago. So I don't know where we're at with that. I just want to know -- Johnny Martinez (City Manager): I personally spoke to one person that was not happy with the way their participation was allowed or not allowed. The way it worked was the people selected by the Commissioners to be part of the citizens panel were allowed to give questions to Beverly, Ms. Pruitt, in order for her to ask it to every single candidate and no one submitted any questions. I asked the person that I was talking to that I give them a second bite at the apple and give the questions to me so I could ask them during my phase of the interview andl received none also. Vice Chair Carollo: Okay. I'll follow up with them. But what I'm trying to avoid that in the future, I name someone to a committee or a board and they outright tell me, hey, don't waste my time, you know, because that's the impression that at least the committee member thatl chose was -- Yeah. I mean, he didn't say don't waste my time, but he was saying, hey -- I mean, he was insinuating that this is wasting our time, that we're just here, you know -- Mr. Martinez: I think their expectation was that they were going to have more participation and more say-so than was allowed. Vice Chair Carollo: Well, that's what at leastl thought when, you know, we name someone. And that aside, knowing very well that, realistically, you have the authority to name someone, whether it's a selection panel, whether it's a selection committee or not or whatever, I mean, you have that authority. I just -- again, I'm saying it because the last thing want is to have citizens out there, you know, that in good faith volunteer their time and then they think that, you know, it's really a waste and, you know, I don't want to be wasting anyone's time. City ofMiami Page 156 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 D4.1 11-01044 Mr. Martinez: I agree. And in fairness, I did take into account the people that the community members recommended for the short list. Beverly andl tabulated everyone's recommendation of their top five, so their time was not wasted 'cause I did take it into consideration and when I made the final selection. Vice Chair Carollo: Were their top fives the same top fives that --? Mr. Martinez: No. Vice Chair Carollo: They were not. Mr. Martinez: No. Vice Chair Carollo: So what you're saying is that you just took it into, you know, consideration but their top fives weren't necessarily your top fives? Mr. Martinez: No. What I did was I took the top five recommended by the Loftus committee and applied which one of those was in the citizens panel committee and factored that in. Vice Chair Carollo: I don't have any further questions. Chair Gort: Okay. END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ DISCUSSION ITEM DISCUSSION REGARDING SPECIAL ASSESSMENT EXPOSURE/COLLECTIONS. 11-01044 Email - Special Assessment Exposure-Collections.pdf DISCUSSED Chair Gort: Okay. Commissioner Suarez: Mr. Chairman, can I -- Chair Gort: Yes, sir. Commissioner Suarez: -- just before we adjourn. I have a discussion item that this is the second time I bring and haven't gotten an answer from so -- from the Administration on the actual number. So ifI could get any person from the Administration that's involved in that discussion item to give me some sort of affirmative statement on the record that I will have that information by the next Commission meeting, then I will defer it. And it has to do with special assessments and the amount of money that the City is owed in special assessments in all the different categories, so I don't know if it's Finance. I don't know if it's Legal. Whoever needs to make a representation to me that by the January 12 meeting, they'll have that information, I will continue my discussion item till then. But you know, it's a little frustrating. It's the third -- this is going to be the third -- it will be the third meeting in January that I roll over a discussion item. City ofMiami Page 157 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Chair Gort: Okay. Question. Commissioner Suarez: Anybody? Chair Gort: Administration. Mr. Manager. Commissioner have ask for information. Who's going to be in charge of providing the information requested by the Commissioner? Yes, sir. Pete Chircut: Mr. Chairman, Pete Chircut, interim Finance director. Commissioner, special assessment liens or special assessment -- there's two different things. Commissioner Suarez: I want all the different categories. If we improve -- if we spend money to improve a property, whether we go out and cut the grass, whether we demolish a building, whatever we do, we have the ability to put a special assessment lien, so that has a process and that process takes certain actions. I want to know how much money does the City owed at all the different stages of the process. For example, we may be owed one amount for all special assessment monies, you know, outstanding, but for which we have not filed a lien. Then there may be a different amount for all those where we have filed a lien, and then there may be a different amount for all those that are currently in foreclosure. So I want to know exactly how much the City has outstanding in special assessment liens in all of the different processes. You may want to talk to Legal to get some guidance on that on what are the different processes and you can certainly talk to our office and we'll help you as much as we can with that process. My issue is that I've asked for this -- this is the second consecutive meeting and it will be now the third meeting that I roll it over to without getting an answer, so that's kind of my concern. Mr. Chircut: Well, I just want clarification because if it is a receivable on our books, on the City books, that's what's owed. Commissioner Suarez: Yeah. They're all receivables. At all stages, it's a receivable because it's money owed to the City. Mr. Chircut: It's not all stages are receivables, Commissioner. Commissioner Suarez: How do you figure? Mr. Chircut: It has to be booked. It has to be on the City book as a receivable in order for us to collect it. Commissioner Suarez: Okay. Mr. Chircut: If it is just there as an assessment and it's not booked, it is not a receivable. Commissioner Suarez: I don't even know what the difference is. Mr. Chircut: And that's why -- Chair Gort: Okay. Mr. Chircut: -- we have to go through that. Commissioner Suarez: That's fine. Chair Gort: The question's very simple: book and non book. We want all the numbers. Mr. Chircut: Okay. That's different. City ofMiami Page 158 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 NA.1 11-01195 Department of Employee Relations Chair Gort: Okay. Commissioner Suarez: And all the different stages. Chair Gort: And Mr. Manager, I'd like to know who you're going to put in place to give us that answer next meeting, okay. Book and not book. I'm sorry. Commissioner Suarez: Andl want you to explain to what that means to me at some point between now and the next Commission meeting because I have no idea what that means. I just -- alll know is the legal process by which we can collect the special assessment, which I'm very familiar with and which I've studied in Florida statutes. I don't even know what you're talking about about booking or not booking or whatever. So if you can just sit with me, get me all that info. Mr. Chircut: I will sit with you and I'll also -- Commissioner Suarez: Thank you, Mr. Chircut. I appreciate it. Mr. Chircut: You're welcome. Chair Gort: Thank you. Okay. 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), RELATING TO RESOLUTION NO. 11-0449, ADOPTED OCTOBER 27, 2011, AMENDING THE PROFESSIONAL SERVICES AGREEMENT ("PSA"), FOR CONSULTING SERVICES FOR CHIEF FIRE OFFICER, FIRE CAPTAIN, AND FIRE LIEUTENANT EXAMINATION PROCESSES, FURTHER PROVIDING FOR A MODIFIED INDEMNITY CLAUSE AS ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE PSA, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("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, FOR A MAXIMUM AMOUNT OF $380,972, AS STATED HEREIN. 11-01195-Agenda Item Summary Form.pdf 11-01195-Legislation. pdf 11-01195-Exhibit.pdf City ofMiami Page 159 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-11-0536 Chair Gort: At this time -- one of the discussion item is from the Administration. You have an discussion item. It's one of the Commissioners not here present at this time. There's one discussion item. Yes, ma'am. Go ahead. Beverly Pruitt: Yes. This is a discussion item from the City Manager. Beverly Pruitt, Human Resources director. This is a request to approve a resolution which will amend the professional services agreement that we are requesting to extend with our provider E. V. Jacobs so that they can continue their work on the fire promotional exams. The indemnification modification clause is included in the resolution. Priscilla A. Thompson (City Clerk): For the record, chair, this is actually a pocket item so -- this is a pocket item that you have here. Commissioner Suarez: Move the item. Commissioner Sarnoff. Well, move it with discussion. Chair Gort: Moved and -- Commissioner Suarez: Second with discussion, you mean? Chair Gort: -- second by -- moved by Commissioner Suarez, second -- Commissioner Sarnoff. I'm sorry, second for discussion. Commissioner Suarez: Sure, go ahead. Commissioner Sarnoff. Okay. You're now having to change your indemnification language which now takes out the requirement that the provider shall indemn and not defend the City and hold harmless the City. So now you have somebody who'll indemnify you but won't provide the cost of defense. Commissioner Suarez: Let me just jump in on that because I think my guess is the reason why they're doing that -- and listen, I could go either way on this. I'll follow your lead on it. My guess is 'cause they figure that the City Attorneyss office would be the ones that would defend us on it and so if there's a judgment against the City, they'll pay for it, but you know, they shouldn't have to go out and pay for attorneys necessarily when the City does this in its regular course. That's my only guess. Commissioner Sarnoff. But -- Commissioner Suarez: I don't know. Commissioner Sarnoff. I think you're right. Commissioner Suarez: I could go either way. City ofMiami Page 160 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Commissioner Sarnoff. I think you're right, but herein lies the problem. What if the City Attorney says I see a conflict of interest, and now we have to bear legal expenses of 2 or $300,000. Commissioner Suarez: Yeah. And then the question becomes do they indemni us for that as well? Commissioner Sarnoff. Well, they don't because it -- correct me if I'm wrong, Madam City Attorney, but they'll indemni us for the damages it will pay, but they will not defend us. Ms. Bru: They will not defend us. They will indemni us if it is found -- after adjudication, they are found to have committed professional errors, omissions, or if they were found to be negligent. And the indemnification would include any of our expenses, including attorney's fees or damages. Commissioner Sarnoff. Would include? Ms. Bru: Yes, would include. Chair Gort: Yes. Commissioner Sarnoff. I hate to say this, but I think I'm a pretty good special -- Ms. Bru: It's on the -- when you read it, it says each of the --from and against -- the very top sentence on page 2, all loss, costs, penalties, fines, damages, expenses, including attorney's fees or liabilities, collectively -- Commissioner Sarnoff. Why would they just use the term of art that everybody use, shall defend and then indemnf? Ms. Bru: Well, this is -- this was -- remember that this was something that we brought to you before with an indemnification that you praised as being very wonderful. Well, this is a business decision and these are services that are required. The Administration is recommending that we move forward. The provider has said that with the language that we previously asked for, they will not undertake the services. So this is a business decision. This is a service that's needed. We know that the protections are not what we would have had under the other indemnification language, so this is a business decision now. Chair Gort: My understanding in my discussion was that the -- what this means is that they don't want to be able to select their attorneys. They would like for the City to do the selection of the attorneys if they -- in that case and they will pay for it. Ms. Bru: They -- Chair Gort: But they don't want to -- that's -- that was the way it was explained to me. Ms. Bru: We need to -- the City will have to defend -- all that they're going to do is to indemnify us, that is, to make us whole, but that will be after there has been an adjudication that they were negligent or that they committed some sort of professional error or omission. Commissioner Sarnoff. Right. This is a standard -- in insurance this is called an indemnity agreement, not a -- it's not an ord -- in the insurance industry, it's called an SP-23. That means that they only indemni you. When you all have your homeowners insurance and other insurance, you have what's called insurance policy, which under American parlance, ordinarily means All State, State Farm will defend you and indemni you. So now you only have an City ofMiami Page 161 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 indemnity which will include your attorney's fees but only as a result of a determination for what you just described. Ms. Bru: Adjudication. Commissioner Sarnoff. This is a lot watered down compared to what you had before. I'm going to withdraw my second. Johnny Martinez (City Manager): Can -- Commissioner, can we explain why we think it's -- Commissioner Suarez: See, I have to sit down. Mr. Martinez: -- the right business decision to accept this? Commissioner Sarnoff. Yeah. I'm sure you need it. Mr. Martinez: Well, there's other ramifications to this. Commissioner Sarnoff. I'm not the Chair. Chair Gort: Chief. Maurice Kemp: Maurice Kemp, Fire Chief. We're in a situation where not having a promotional exam available and having to go out to RFP (Request for Proposals), do another solicitation could take as much as 20 to 22 months. And as per our union contracts, if we don't promote in a timely manner, there's a retro payment involved. To date, we've already incurred expenses because we are year behind in doing these promotions. And so it is not only operationally stressful to the fire department, but it's financially costly to the City not to go forward with developing promotions and giving the exams -- developing exams and the subsequent promotions. Commissioner Suarez: Mr. Chairman, ifI may? Chair Gort: Yes, sir. Commissioner Suarez: Thank you. Madam City Attorney, have you looked at this agreement and maybe looked at what other cities have in terms of an indemnity clause to see if the indemnity language here is, you know, similar to or exactly like other agreements? Because I think part of the issue is, you know, we're asking for something in terms of our -- you know, the body, the City -- the Commission body is asking for something in terms of what they want to see in an agreement to protect the City and it seems like the Administration did that, took that to them and it seems like they're not in agreement with that. So the question is who's being reasonable? Are we being reasonable or are they being reasonable? Or who's being unreasonable, I guess is the other way to say it. You know, if what we're asking for as a body is in line with what everyone else asked for, then I think we're the ones that are being reasonable and they're being unreasonable. And likewise, if they are -- you know, if that is not similar in other agreements, then the opposite is true. Ms. Bru: Commissioner, I wasn't involved in the negotiations or the back and forth with the vendor. Perhaps the HR (Human Resources) director or the Chief can address that. We simply try to protect the City as much as we could with the language. And you know, the business negotiation was handled by the Administration. And haven't looked to see whether or not other cities -- quite frankly, I tried to do the best we can and not what other cities do, but yeah. Chief Kemp: HI may. City ofMiami Page 162 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Commissioner Suarez: I agree with that philosophy, by the way. Chief Kemp: IfI may, Mr. Chairman. Chair Gort: Yes, sir. Chief Kemp: We're in the final round of tests from this contract and we would do another RFP which could include any and all language that the City Attorney deems necessary for the next series of tests. But it's very important to the fire department that we give these tests as soon as possible. Commissioner Sarnoff. But don't we get sued, Chief -- I mean, forgive me. Didn't we get sued recently? Chief Kemp: In the -- yes. There is litigation, and in the 17 years that I've been on staff -- and I'll, again, defer to the Law Department -- this is the first lawsuit as a result of a promotional exam in the fire department and -- Commissioner Sarnoff. That was administered by these folks? Chief Kemp: That was administered by these folks. Commissioner Sarnoff. Pay me now or pay me later. Chief Kemp: Well, we've already incurred approximately $200, 000 in anticipated expenses because we haven't given an exam so. Commissioner Sarno:I Of overtime? Chief Kemp: It's a more expensive overtime. It's not more overtime. It's a more expensive overtime because we're paying people to act and then we're going to retroactively pay the people who didn't get promoted as though they were promoted in a timely manner. Commissioner Suarez: That's mandated by our contacts, I'm assuming? Chief Kemp: Yes, sir. Commissioner Sarnoff. I'll second it. Chair Gort: Moved and second. Further discussion? Commissioner Suarez: This is our last meeting in December, so you know, we're -- little bit more Chair Gort: Any further discussion? Commissioner Suarez: -- cantankerous than usual. Chair Gort: Being none, all in favor, state it by saying aye." Ms. Bru: Excuse me, Mr. Chair. Chair Gort: Yes. City ofMiami Page 163 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Ms. Bru: I just need to veri something, and I'm sorry, but this is a pocket item. Chair Gort: No, I think it's very important. Yes. Ms. Bru: Is this a waiver of competitive bidding? Ms. Pruitt: It was done in October meeting -- the waiver was done. Chair Gort: Sorry. Go into the mike, please. Ms. Bru: Okay. On October 27 -- Chair Gort: What was -- wait a minute. What was the question? And answer in the mike. Ms. Bru: No, now I -- I remember. I remember what happened now. This item came before you previously as a -- Ms. Pruitt: Yes. Ms. Bru: -- bid waiver -- Chair Gort: Yes. Ms. Pruitt: Yes. Ms. Bru: -- in October. And you approved it as a bid waiver with a particular language in it. So now what you're doing is you are, I guess, revisiting that vote by amending the contract. Chief Kemp: Correct. Chair Gort: Motion and a second. Further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Chief Kemp: Thank you. Ms. Pruitt: Thank you. NA.2 RESOLUTION 11-01202 City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF ATTORNEYS FEES AND COSTS, IN AN AMOUNT APPROVED BY THE CITY ATTORNEY, FOR THE ENGAGEMENT OF OUTSIDE COUNSEL FOR THE PURPOSE OF REPRESENTING THE CITY OF MIAMI ("CITY") IN PROCEEDINGS OF AND RELATING TO THE UNITED STATES DEPARTMENT OF THE TREASURE INTERNAL REVENUE SERVICE ("IRS"); ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531010.0000.00000; REQUIRING THE CITY ATTORNEY TO REPORT TO THE CITY COMMISSION ON A QUARTERLY BASIS THE AMOUNT OF FEES AND COSTS INCURRED TO DATE; AUTHORIZING THE CITY ATTORNEY TO EXECUTE ALL NECESSARY DOCUMENT(S) REQUIRED BY THE IRS TO EVIDENCE THE CITY'S WAIVER OF ANY POTENTIAL CONFLICT OF INTEREST, IF ANY, INVOLVING THE CITY'S City ofMiami Page 164 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 ONGOING BOND COUNSEL SQUIRE, SANDERS & DEMPSEY, LLP IN CONNECTION WITH THIS REPRESENTATION. 11-01202-Legislation. pdf 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 Suarez Absent: 1 - Commissioner(s) Spence -Jones R-11-0530 Direction by Vice Chair Carollo to the City Attorney to provide status updates on the Internal Revenue Service (IRS) subpeona. Julie O. Bru (City Attorney): A related -- well, an unrelated matter but concerning bond compliance. We've distributed to you a pocket item that I'd like for you to consider. This is on an investigation now an examination being conducted by the IRS (Internal Revenue Service) with respect to the second tranche of our homeland defense bonds. It involves some new debt and some refunding of debt back in 2007. It is a routine examination regarding bond compliance. I am recommending, though, that we engage the firm of Squire Sanders, who was the firm that assisted us in issuing the bond counsel opinion when those bonds were sold. I am negotiating a very, very competitive rate with Squire Sanders and it -- because of IRS regulations, it also involves a waiver of conflict of interest under the IRS rules. Since they were the firm that issued the bond counsel opinion, the IRS requires that there be a waiver of conflict of interest, and that's the resolution that's before you. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: I don't know, Madam City Attorney. With all due respect, I'm not really sure what one's going to cost and you're bringing me another one. Ms. Bru: Yeah. I'm sorry, but this is, you know -- Chair Gort: Could you explain this is something that's taking place nationwide where this type of bond has been issued, please. Ms. Bru: The notification that we received from the IRS that this is a routine -- as a matter of fact, this is just a -- what they're calling is a routine examination of municipal debt issuances to determine compliance with federal tax requirements. We understand that they're doing this throughout the nation. They're making sure that the money has been used in accordance with the issuance and the tax regulations. You know, they've given us a list of documents that they need to have and we're starting the production already with respect to this issuance. But we do recommend that we retain this firm because we want to make sure that the information that's provided to the IRS is provided in a way that is clearly organized and explained so that it doesn't -- so that this routine examination doesn't lead to anything else. Commissioner Suarez: IfI may. Chair Gort: Thank you. Commissioner Suarez: I just -- ifI may? Chair Gort: Yes, sir. City ofMiami Page 165 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Commissioner Suarez: I would suggest that, if it's possible, we just take this up at the next Commission meeting. Ms. Bru: Well, unfortunately, the problem that I have is is that the information document request has to be complied with within a time frame and we've already started doing this, but I need to be able to retain counsel to, you know -- Commissioner Suarez: Help you with the production? Ms. Bru: -- continue to work on this. Yes. Commissioner Sarnoff. Move the item. Vice Chair Carollo: Second. Chair Gort: It's been moved and second. Any further discussion? Vice Chair Carollo: Yes. Chair Gort: Yes. Vice Chair Carollo: Is there a cap to this or you don't want to put a cap because what reason? Could you -- we elaborate a little bit of what the cost will be for this. Ms. Bru: You know, I can't tell you what the cost would be now. I know that the last time that the IRS conducted this kind of examination -- andl don't know if our Finance director can assist because I wasn't involved in that. But based on the records that I keep in the City Attorney's office, I know that in 2006, a similar kind of examination was conducted. Right? Pete Chircut: Yes. Pete Chircut, interim Finance director. 2006, you're right. Ms. Bru: Right. And based on the records that my office keeps -- 'cause I was not managing this back at that time -- but it appears as if we engaged bond counsel for purposes of compliance issuance and it was $196, 000 that was spent in the fiscal year '06/'07. Mr. Chircut: And that includes not just the IRS but other issues. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: And Mr. Chircut, I hear Madam City Attorney saying that this is routine. Were we in, your opinion, at any way chosen because of any thoughts that there was some wrongdoing or is it just the luck of the draw that, you know, we got picked and this is routine and ordinarily [sic] and, you know, they just, out of the blue, pick out a municipality and then, you know, audit them for, you know, bond issuance? Mr. Chircut: I believe that's a routine. It's been -- this is something that they've been doing throughout the country and it so happen that Miami has been chosen this time. Vice Chair Carollo: Okay. I'm ready to vote on it. The only thing request is that we get, you know, a updates, yeah. Chair Gort: I think we should try to do as much we can in-house -- City ofMiami Page 166 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 ADJOURNMENT Ms. Bru: We will do that. Chair Gort: -- working together -- Commissioner Suarez: Says quarterly updates. Chair Gort: -- with the Finance Department, yourself and so on. I mean, we got expert in bond attorneys within our departments. Ms. Bru: We've already had a preliminary meeting with outside counsel, with Pete and CIP (Capital Improvements Program), and we already have tasks identified as to who's going to do what. A lot of it -- Chair Gort: All right. Ms. Bru: -- will be done in-house. Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. The meeting adjourned at 7: 39 p.m. City ofMiami Page 167 Printed on 1/9/2012