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HomeMy WebLinkAboutCC 2012-01-12 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com • -sash. 1° r • IN O9P I9 1i: Meeting Minutes Thursday, January 12, 2012 9:00 AM REGULAR City Hall Commission Chambers City Commission Tomas Regalado, Mayor Francis Suarez, Chairman Marc David Sarnoff, Vice -Chairman Wifredo (Willy) Gort, Commissioner District One Frank Carollo, Commissioner District Three Michelle Spence -Jones, Commissioner District Five Johnny Martinez, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes January 12, 2012 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 DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City ofMiami Page 2 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 9:00 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 11-01237 PRESENTATION Honoree Presidente Supermarket El Dorado Furniture Luis Capo, President Presenter Protocol Item Chairman Gort Certificate of Appreciation Commissioner Certificate of Spence -Jones Appreciation Angels of Hope Toy Drive Commissioner Certificate of Spence -Jones Appreciation 11-01237 Protocol Item.pdf PRESENTED 1) Outgoing Commission Chair Gort thanked his colleagues for their support throughout his tenure and wished newly appointed Chair Suarez the best of luck as he passed the gavel. 2) Commissioner Gort presented a Special Certificate of Appreciation to Jenny C. Guzman, Manager of the Stadium Apartments, for her commitment to civic responsibility and communal welfare through generous donations and support for neighborhood projects in the City ofMiami. 3) Commissioner Spence -Jones presented Special Certificates of Appreciation to various community partners honoring their commitment to civic responsibility and communal welfare through generous donations and support for the Angels of Hope Toy Drive to benefit underserved children in Haiti and the City ofMiami. 4) Vice -Chair Sarnoff paid tribute to Supervisor Special Agent Kevin M. O'Rourke on the occasion of his retirement after 27 years of service to the general welfare of the citizens of the United States of America as a member of the Federal Bureau of Investigations (FBI), further acknowledging his expertise and professional vision, which reflect the highest level of commitment to safeguarding our neighborhoods and serving to elevate the quality of life in the City ofMiami. 5) Commissioner Spence -Jones presented a Special Certificate of Appreciation to Luis Capo and his family, for their commitment to civic responsibility and communal welfare through their generous donations of furniture for the Georgia Ayers Transitional Living Facility in support of the First Start Initiative that provides temporary housing to bridge the transition of female youth out of the State foster system. Chair Suarez: And now we will proceed to the presentations and proclamations section of the agenda. Presentations made. INVOCATION AND PLEDGE OF ALLEGIANCE City ofMiami Page 3 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 MAYORAL VETOES Present: Commissioner Gort, Vice Chair Sarnoff, Commissioner Carollo, Chair Suarez and Commissioner Spence -Jones On the 12th day of January 2012, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Regular Commission Meeting was called to order by Chair Suarez at 9: 00 a.m., recessed at 12: 07 pm, reconvened at 2: 32 p.m., recessed at 6: 07 p.m., reconvened at 6:16p.m., and adjourned at 7:11 p.m. Note for the Record: Commissioner Gort entered the Commission chambers at 9: 01 am and Commissioner Spence -Jones entered the Commission chambers at 9:04 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Priscilla A. Thompson, City Clerk Invocation and pledge of allegiance delivered. NO MAYORAL VETOES Chair Suarez: Madam Clerk, are there any mayoral vetoes? Priscilla A. Thompson (City Clerk): No, sir. There are no mayoral vetoes. Chair Suarez: Thankyou. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Carollo, seconded by Vice Chair Sarnoff, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Motion by Commissioner Carollo, seconded by Vice Chair Sarnoff, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Suarez: We'll now move to the approval of the minutes. Do I have a motion? Commissioner Carollo: So move. Chair Suarez: Moved by Commissioner Carollo, seconded by Vice Chairman Sarnoff. All those in favor, signin, by saying "aye." The Commission (Collectively): Aye. Chair Suarez: Any in opposition? Passes unanimously. Priscilla A. Thompson (City Clerk): Thankyou. END OF APPROVING MINUTES ORDER OF THE DAY City ofMiami Page 4 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Chair Suarez: We'll now begin the regular meeting. The City Attorney shall state the procedures to be followed during this meeting. Julie O. Bru (City Attorney): Thank you, Mr. Chair, and congratulations. Chair Suarez: Thank you. Ms. Bru: Members of the City Commission, Mr. Mayor, Mr. Manager, Madam City Clerk, members of the public. Please note that any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the code section about lobbyists is available in the City Clerk's office. The material for each item on the agenda is available during business hours at the City Clerk's office and online at www.miamigov.com. Anyone who wishes 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 phones or other noise -making devices are permitted in the chambers. Please silence those devices now. Any person who makes offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings. Any person with a disability requiring auxiliary aids and services for this meeting, please notify the City Clerk. Additionally, the lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will either end at the conclusion of deliberation of the agenda item being considered at 10: 00 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. There is also a couple of Planning and Zoning items that are on this agenda and we will have instructions on those later on in the meeting. Chair Suarez: Thank you, Madam City Attorney. [Later...] Chair Suarez: We'll now go to the order of the day. Does the Administration or members of the Commission have any items that they would like to continue, defer, withdraw, et cetera? Johnny Martinez (City Manager): Mr. Chair, yes. Chair Suarez: You're recognized, Mr. Manager. Mr. Martinez: Continue to the January 26 meeting SR. 2 and RE. 4. Chair Suarez: Are there any other items that the members of the Commission like to --? Commissioner Spence -Jones: Mr. Manager. Chair Suarez: You're recognized, Commissioner Spence -Jones. Commissioner Spence -Jones: Yes, Mr. Chair. I would like to defer PH.5 'cause I still have some questions and concerns on it. I know that it's a bid waiver, but I have a few questions on it. I know that we discussed it in our briefing so it's not like we did not go over it, but then there are some additional issues that came up last night and l just would really like to go through those first. Is there any way thatl can have the support to defer that item? Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. You're recognized. Commissioner Carollo: If we're going to defer PH.5, I think we need to defer PH. 6 also. I think it's -- City ofMiami Page 5 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Chair Suarez: They're companions items? Commissioner Carollo: Yeah. Chair Suarez: They're related. Commissioner Carollo: I don't know if companion's the right way, but they're related. They're definitely related. Chair Suarez: I have no problem with that. Commissioner Carollo: Okay. AndMr. Chairman. Chair Suarez: Yes. You're recognized. Commissioner Carollo: Thank you. IfI can defer to the next meeting RE.6, regarding changing stations. Chair Suarez: Yes. Commissioner Carollo: And this is one that, you know, is dear to me, but at the same time, listen, I abide by the five-day rule. The information we received was in the last minute. I don't agree with that. You know, I spoke to the Administration about that, and the bottom line is I don't think we received that information in time for us to analyze and so forth, so I would request a deferral to the next meeting. Commissioner Spence -Jones: AndMr. Chairman, I would like to acknowledge my fellow colleague for being, you know, a real dad and really being concerned about the changing stations. I think that's a great thing. Chair Suarez: Hopefully, I'll be able to take advantage of them in the future -- Commissioner Spence -Jones: Yes. Chair Suarez: -- too. Commissioner Spence -Jones: Soon. Chair Suarez: Anyhow, do we have a motion on the defer --? Priscilla A. Thompson (City Clerk): Excuse me, Chair. I'm sorry. Chair Suarez: Yes, Madam -- Ms. Thompson: I don't have a date for the continuance or deferral ofPH.5 andPH.6. Commissioner Spence -Jones: Mr. Chairman, I'm fine with -- Chair Suarez: Yes. Commissioner Spence -Jones: -- the next -- for the next meeting. Chair Suarez: The next meeting? City ofMiami Page 6 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Ms. Thompson: The next meeting, that's January 26. Chair Suarez: That's correct. Ms. Thompson: Thank you. Chair Suarez: Do I have a motion on the deferrals as stated by the City Manager? Commissioner Carollo: So move. Mr. Martinez: Mr. Chair. May -- just a clarification. Chair Suarez: Yes. Mr. Martinez: PH. 6 is the dock master FP&L (Florida Power & Light) easement. I don't think it's connected to the PH.5. Commissioner Carollo: I was under the impression -- you know what, I think you may be right. I stand corrected. I thought she was doing the chiller and then -- Mr. Martinez: No. Commissioner Carollo: Okay. Chair Suarez: So, Commissioner Carollo, will you mod --? Commissioner Carollo: Andl saw global 'cause that's from James L. Knight -- Mr. Martinez: Right. Commissioner Carollo: -- and chiller's James L, Knight, so, you know what, I stand corrected. You're right. Mr. Martinez: Thank you. Chair Suarez: Will you amend your motion, Commissioner? Commissioner Spence -Jones: Did you want to defer the chiller item? Commissioner Carollo: No, no. Whatl thought is that you were deferring the chiller item and -- Commissioner Spence -Jones: Oh, no, no, no. Commissioner Carollo: -- then there was a companion because Global Spectrum is the one that operates that -- Commissioner Spence -Jones: Okay, no problem. Commissioner Carollo: So I stand corrected, if we could not defer PH.6. Commissioner Spence -Jones: Okay. Chair Suarez: Madam Clerk. Ms. Thompson: May I go down the list to make sure we're all on the same page, if you don't City ofMiami Page 7 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 mind? Chair Suarez: Please do. Commissioner Carollo: Please. Ms. Thompson: Okay. According to my notes here, I have SR.2 being deferred to January 26; RE.4 deferred to January 26; PH.5 deferred to January 26; RE. 6 deferred to January 26. Chair Suarez: That's what I have. Ms. Thompson: Thank you. Chair Suarez: Is everyone in agreement? All those in favor, signin, by saying "aye. " The Commission (Collectively): Aye. Ms. Thompson: I'm sorry. Chair Suarez: Yes. Ms. Thompson: My hearing is off. I didn't get who -- Chair Suarez: The motion -- Ms. Thompson: -- the motion was made by. Chair Suarez: -- was made by Commissioner Carollo. Actually, there wasn't a second. Do we have a second? Commissioner Spence -Jones: Second. Commissioner Gort: Second. Chair Suarez: Second by Commissioner Spence -Jones. All those in favor, signin, by saying "aye. The Commission (Collectively): Aye. Ms. Thompson: Thank you. Chair Suarez: Any in opposition? Motion passes unanimously. [Later..] Chair Suarez: I just want to read very briefly Section 2-33 of our code of ordinances, subsection 6, which states that the lunch recess shall begin at noon or at the conclusion of deliberations of the agenda item being considered at noon or at the conclusion of statements by the person who has been recognized to address the Commission immediately prior to noon, or at any other time deemed appropriate by the City Commission. [Later...] Chair Suarez: I'm going to ask that the discussion item one and two from the Administration be continued to the next Commission meeting. This is -- can I have a motion on that, please? City ofMiami Page 8 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Vice Chair Sarnoff. So moved. Commissioner Gort: Move it. Chair Suarez: Moved by Vice Chairman Sarnoff, second by Commissioner Gort. All in favor, signify by saying "aye." The Commission (Collectively): Aye. City ofMiami Page 9 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 CONSENT AGENDA CA.1 RESOLUTION 11-01178 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND NMMA BOAT SHOWS, INC. FOR THE USE OF DOCKAGE SPACE AT MIAMARINA AT BAYSIDE FOR THE PRESENTATION OF THE "STRICTLY SAIL MIAMI" VENUE OF THE MIAMI INTERNATIONAL BOAT SHOW, COMMENCING FEBRUARY 11, 2012 THROUGH FEBRUARY 22, 2012 WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 11-01178 Summary Form.pdf 11-01178 Legislation.pdf 11-01178 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0001 CA.2 RESOLUTION 11-01179 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $136,676.57, FOR A ONE-YEAR PERIOD, TO THE MIAMI-DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE, COUNTY COURT OVERTIME REDUCTION STANDBY PROGRAM; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET, ACCOUNT NO. 00001.191501.534000.0000.00000. 11-01179 Summary Form.pdf 11-01179 Invoice - Miami -Dade County.pdf 11-01179 Legislation.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0003 Direction by Commissioner Carollo to the Administration for the Chief of Police to provide a detailed report of overtime expenses by category for the previous fiscal year 2011 and the current fiscal year 2012. Chair Suarez: Commissioner Carollo, you're recognized on CA.2. Commissioner Carollo: Mr. Chairman, if whoever's going to present could present first. I believe it's the Department of Police. City ofMiami Page 10 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Chair Suarez: Chief or Mr. Manager. This is -- we're on CA.2, which is an item that pertains to your department. Go ahead. Chief Manuel Orosa (Police): CA.2 basically is -- it's a $95,000 amount of money that the marshals give to us to pay for cars, gasoline and things related to the establishment of our relationship with them for the felony apprehension -- Commissioner Carollo: Mr. Chairman. Commissioner Gort: CA.2. Commissioner Carollo: I'm sorry, Chief. Chief Orosa: Oh, I'm sorry. Commissioner Carollo: I think that's -- Chief Orosa: I went to 3. Commissioner Carollo: -- a different item. Chief Orosa: I apologize. The -- it's e-Notify, the CA. 2. Commissioner Carollo: It's the overtime. Chief Orosa: Yeah. Basically, what we do is we pay into the Dade chief an amount based on officers that attend the courthouse here at -- in the City, and based on that amount, we have to pay 136,000 plus. That basically reduces our standby and our court notification that otherwise we would have to spend close to $2 million in overtime just on standby and court notification. So this is an electronic system handled by the court and run by the Dade County Police Chiefs Association. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, you're recognized, Commissioner Carollo. Commissioner Carollo: Thankyou. Thankyou, chief for that explanation. I know in the past we've discussed this -- andl don't mean we as in you andl. I mean this Commission has discussed 'cause this has come I know at least once before that can recall. And obviously, the amount the City is paying think is a lot as compared to all other municipalities. As a matter of fact, we're only paying just a little bit less that the whole Dade County. But that aside, I'm looking at some of the back-up material and obviously a large part of the decisions that I make, you know, relies to a certain degree on the information that I'm given. It shows here that -- and I'll read it verbatim. Since the program's implementation in 1997, our department has reduced overtime costs by 46.87 percent, from 2,077,958 -- that's year '97 -- to approximately $1,104,037 in this -- in the year 2010-2011. Total overtime was about 5 million ending the year 2010-2011, though, correct? Chief Orosa: Not for court. That was total. For court it -- for court usually is about one something. Without this program, it'll be like two something. So the 136,000 expenditure is saving us almost a million dollars. And Commissioner, can I explain something? Commissioner Carollo: Yes. Chief Orosa: The reason it shows that we pay a larger amount, for example, as in the County, is City ofMiami Page 11 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 because this program is only to this courthouse here and we by far use it more than anybody else. The County has courtrooms split throughout the County where they go and do their thing in different places. So proportionately we use it just a little bit more than the County so that's why the prices are reflected the way they are. Commissioner Carollo: Okay. That's definitely a valid point so that explains that. That's -- like I said, it's a valid point. It makes sense what you're saying. Let me ask you something because you said something. Can we actually break down the overtime in the police department by categories? In other words, overtime for court, overtime for TOS (Tactical Operations Section), overtime for --? Chair Suarez: Special events. Commissioner Carollo: Yes. 'Cause from what you're telling me, if you could provide this number, then you actually could break that down, correct? Chief Orosa: Correct. Commissioner Carollo: Okay. Is it possible -- and it doesn't have to be today. Can you give me the breakdown of last year's, you know, ending -- I guess you would call it ending -- it's not a budget. Chief Orosa: September. Commissioner Carollo: -- ending expense for overtime -- Chief Orosa: Sure. Commissioner Carollo: -- by categories? I want to see how much was spent for court, for all the other things. And more importantly, 'cause that already had passed for this year because this year, as I mentioned in the last meeting, that in two months we expend 50 percent of the whole year's budget for overtime. So I want to see where exactly those overtime dollars were expensed. Chief Orosa: We can get that to you. I can give you an explanation today of from October to December. But for the whole year, I can get it to your office. Commissioner Carollo: I'd rather just -- let's all do it at one time -- Chief Orosa: Correct. Commissioner Carollo: -- and let's not piecemeal it and, you know, if you could provide that to me. Also, as you know, I'm still waiting on any reimbursements that we're going to be receiving for the overtime of this year. Chief Orosa: This year -- Commissioner Carollo: And the reason why I'm asking is -- Chief Orosa: -- so far we're expected to receive $408,000. Commissioner Carollo: Four hundred -- Chief Orosa: And eight thousand dollars. Commissioner Carollo: -- and eight thousand dollars. City ofMiami Page 12 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Chief Orosa: -- in reimbursements. Commissioner Carollo: Okay. As of what, December 31, 2011 ? Chief Orosa: Eleven, correct. Commissioner Carollo: Okay. Thank you. I don't have any other questions. Chair Suarez: Is -- Commissioner Gort: Mr. Chairman. Now -- Chair Suarez: Yes. You're recognized, Commissioner Gort. Commissioner Gort: -- the question is special events is paid off by off duties? Chief Orosa: For the most part, yes, sir. Commissioner Gort: So there shouldn't be any overtime in there. Chief Orosa: For the most part. Commissioner Gort: Okay. Chief Orosa: There are certain things that pop out that we have to -- Commissioner Gort: That we sponsor ourself [sic] -- Chief Orosa: Exactly. Commissioner Gort: -- or something that happens -- okay. Chief Orosa: Exactly. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. You're recognized, Commissioner Carollo. Commissioner Carollo: And Commissioner Gort, what'll happen is, let's say we have spent $100 in police overtime. Okay, then you break it up, $20 was for special events, $20 was for -- Commissioner Gort: I got it. Commissioner Carollo: You understand? Commissioner Gort: Yeah. I gotcha. Commissioner Carollo: Andl want to see the breakdown of the total overtime that we have spent. Chief Orosa: We got it. Commissioner Carollo: Thank you. City ofMiami Page 13 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Chief Orosa: Thank you, sir. Commissioner Gort: Thank you. Chair Suarez: Is there any further discussion? Is there a motion? Commissioner Gort: Move it. Commissioner Carollo: So moved. Chair Suarez: Moved by Commissioner Carollo, seconded by Commissioner Gort. I just have one last thing and the only thing would ask, chief is that you provide us all with that information -- Chief Orosa: Sure, sure. Chair Suarez: -- 'cause -- okay. Chief Orosa: My -- Chair Suarez: I think it's good information. Chief Orosa: -- intentions are that any time I provide one Commissioner, I provide it to the -- Chair Suarez: Perfect. Chief Orosa: -- Manager, the Mayor and everybody else. Chair Suarez: I just want to be clear. Chief Orosa: Even though it doesn't affect your area or whatever the case may be so that you at least know what we're talking about whenever it comes up. Chair Suarez: Thank you, chief. Chief Orosa: You're welcome. Commissioner Carollo: And thank you for the explanation, chief. Chair Suarez: All those in favor, signift by saying "aye." The Commission (Collectively): Aye. Chair Suarez: Any in opposition? Passes unanimously. CA.3 RESOLUTION 11-01194 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "JOINT LAW ENFORCEMENT OPERATIONS TASK FORCE OBLIGATION DOCUMENT," CONSISTING OF COST REIMBURSEMENT OF OVERTIME FOR THE CITY OF MIAMI POLICE DEPARTMENT FELONY APPREHENSION TEAM FROM THE UNITED STATES MARSHALS SERVICE, IN THE AMOUNT OF $90,000, AND PROVIDING AN ADDITIONAL City ofMiami Page 14 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 $5,000, FOR FUEL AND MAINTENANCE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE OBLIGATION DOCUMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID FUNDS. 11-01194 Summary Form.pdf 11-01194 Pre-Legislations.pdf 11-01194 Memorandum of Understanding.pdf 11-01194 Legislation.pdf 11-01194 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0002 Adopted the Consent Agenda 9:00 A.M. PH.1 11-01180 Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF CONSENT AGENDA Chair Suarez: We will now move to the consent agenda. Does -- are there any items that any Commissioner would like to pull from the consent agenda? Commissioner Carollo: Mr. Chairman. Chair Suarez: You're recognized for the record, Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. I would like to pull CA.2. Chair Suarez: Is there a motion for the remaining items on the consent agenda? Commissioner Carollo: So move. Commissioner Spence -Jones: Second. Chair Suarez: Been moved by Commissioner Carollo, seconded by Commissioner Spence -Jones. Any discussion? All those in favor, signift by saying "aye." The Commission (Collectively): Aye. Commissioner Suarez: It passes unanimously. PUBLIC HEARINGS RESOLUTION City ofMiami Page 15 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), APPROVING THE ALLOCATION OF PROGRAM YEAR Development 2012-2013 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM SHORT TERM RENTAL, MORTGAGE AND UTILITY ASSISTANCE FUNDS, IN THE AMOUNT OF $500,000, AS SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, TO PROVIDE SHORT TERM RENTAL, MORTGAGE AND UTILITY ASSISTANCE TO LOW-INCOME INDIVIDUALS LIVING WITH HIV/AIDS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, FOR SAID PURPOSE. 11-01180 Summary Form.pdf 11-01180 Notice to the Public.pdf 11-01180 Legislation.pdf 11-01180 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0004 Chair Suarez: We will now begin the public hearing portion of the meeting. And l just wanted to read -- andl apologize to the gentleman who came up, Mr. White, because I wasn't aware before, the discussion item, that we were going to open it up to the public, but one of the things I wanted to read out in the public hearing section is we oftentimes limit public speakers to two minutes and sometimes it seems kind of unfair or it seems, you know, like we're being mean, and I just want to specify that that two -minute limitation is found in our code of ordinance, Section 233, and it can be waived by the presiding officer and in this particular case, we did, you know, at the request of Commissioner Spence -Jones. But by and large, I'd like just for us to be on an orderly basis and consistently apply our own ordinance because, you know, we want to give you your full attention and concentration so we want to be here as little as possible. Commissioner Spence -Jones: And we appreciate your leadership on that, sir. Chair Suarez: Thankyou. That's it. PH.1. George Mensah: Good morning. George Mensah, director of Community Development. Commissioner, PH.1 is a resolution of the Miami City Commission, with attachments, approving the allocation of program year 2012-2013 Housing Opportunities for Persons with AIDS (Acquired Immune Deficiency Syndrome) program short-term rental, mortgage program, in the amount of $500, 000. Sixty five thousand dollars goes to the management of the program and the rest goes to the shelter and rental. And this is a program which will be managed strictly according to the regulations and people qualify -- individuals to be able to get short-term rental payment, utility payments or mortgage payments when they have any difficulties in making such payments. Chair Suarez: Thankyou, Mr. Mensah. Coming back -- Actually, opening it up to the public. Is any member of the public like to speak on PH.1? Any member of the public like to speak on PH.1? Seeing none and hearing none, the public hearing is closed; coming back to this Commission. Commissioner Gort: Move it. Commissioner Spence -Jones: Second. City ofMiami Page 16 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 PH.2 11-01203 Department of Community Development Commissioner Carollo: Second. Chair Suarez: It's been moved by Commissioner Gort, second by Commissioner Carollo. Any further discussion from the Board? All those in favor, signift by saying "aye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $670,000, FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT RESERVE ACCOUNT TO THE CITY OF MIAMI DEPARTMENT OF CODE ENFORCEMENT, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO CONDUCT CODE ENFORCEMENT ACTIVITIES IN THE ELIGIBLE TARGET AREAS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE. 11-01203 Summary Form.pdf 11-01203 Notice to the Public.pdf 11-01203 Map of CDBG Eligible Areas.pdf 11-01203 Budget Comprising of Staff.pdf 11-01203 Violations from Staff 2010 & 2011.pdf 11-01203 Legislation.pdf 11-01203 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Suarez: PH.2. George Mensah (Director, Community Development): PH.2 is a resolution authorizing the transfer of Community Development Block Grant funds in the amount of $670, 000 from Community Development Economic Development reserve account to Department of Code Enforcement, as specified And this is for code enforcement activities in eligible target areas. And Commissioners, the last time when you were here, there was a request for documents in terms of the violations. That was provided by Code Enforcement as part of this program. We also provided, as part of your package, the list of Code Enforcement officers who are being paid under this program. We also attempted to provide a map which shows the areas -- the community development areas and the eligible areas of code enforcement. Unfortunately, when those maps were printed, they didn't show clearly. So I've shown the process by which we decided on the areas for the code enforcement. As you can see, the red areas on the map indicate eligible community development areas. These are areas where the income limits are -- the family incomes are above -- below 80 percent of median income. And the blocks in black are the code enforcement areas, and so we superimposed them and where the areas intersected are the areas where we chose as the individuals that were being paid using Code Enforcement funds. Chair Suarez: Thank you. Opening up to the public. Any members of the public like to speak on PH.2? Mr. Muhammad. City ofMiami Page 17 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Grady Muhammad: Good morning. Grady Muhammad. Chair Suarez: Recognized for the record. Mr. Muhammad: Mr. Chairman, congratulations being the Chair. Chair Suarez: Thankyou, sir. Mr. Muhammad: Commissioners, staff Grady Muhammad, Miami -Dade First, 5426 Northwest 7th Avenue, Miami, FL 33127. Again, like I stated before, with the Code Enforcement Department -- and he's always wondering -- not wondering, trying to warn you all against comingling offunds. This is -- that potentiality is always there. It's a real fine line between comingling offunds and approving a national objective. I don't have a problem with using code enforcement -- or CDBG (Community Development Block Grant) funds for code enforcement. It's an eligible activity. The problem I have is, again, we have to make sure who is getting the services. And if we get those services -- have to also ensure if we take a business or homeowner and we cite or fine them for code -- for failure to have code compliance, we have to have another department, Community Development, that also has funds to be able to rehab those properties for those businesses that have gotten cited and fined. We have code compliance money, but we have a disconnect between those two departments, Code Enforcement and Community Development. Once Community -- Code Enforcement cites them, there's no one for Community Development to be able to say, listen, there's some funds here to be able to help you correct these violations prior to them continuing to be liened and liened, and you'll never be able to pay these things. That's the disconnect and that's not the thinking of outside the box we must do. We're constantly giving the money and we should, but we also have to make sure, under the fed regs, there has to be national objectives met, job creation, code compliance, and we have to ensure there is no comingling offunds. Thank you. Chair Suarez: Thankyou, Mr. Muhammad. Any other members from the public would like to speak on PH.2? Seeing none and hearing none, the public hearing is closed; coming back to the Commission. Any members of the Commission? Commissioner Spence -Jones: I just have a -- Chair Suarez: Commissioner Spence -Jones. Commissioner Carollo: I'll yield. Commissioner Spence -Jones: No. Actually, I'm going to defer to -- Chair Suarez: You'll yield? Okay, Commissioner -- Commissioner Spence -Jones: -- Commissioner Carollo -- Chair Suarez: -- Carollo, you are -- Commissioner Spence -Jones: --'cause I know that was his biggest issue. I just -- Chair Suarez: -- you're recognized. Commissioner Spence -Jones: -- have one point. Commissioner Carollo: Thankyou, Commissioner Spence -Jones and thank you, Mr. Chairman. Yes, I had quite a few questions with regards to this. I have received some of the answers. I actually met with Mr. Mensah and Mr. Guadix yesterday afternoon and he provided additional City ofMiami Page 18 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 information. And if possible -- Mr. Guadix is here. Mr. Guadix, I wanted to ask you a few questions, and thank you for being here. First of all, this map regarding some of our questionings of where the citations are, they're based on these backup materials that you gave us that list different citations and by addresses and by districts, correct? Sergio Guadix (Director): Yes. Sergio Guadix, with Code Enforcement. Yes, sir, they are. Commissioner Carollo: So that map is related directly to the backup material and, more specifically, to some of the materials that you gave me yesterday, correct? Mr. Guadix: Yes, sir. And ifI may, sir? I have found -- I found out -- and thanks to District 5, they showed me where some of these addresses, for some reason, in the report that say that they're district -- the Commission district is one and some of them are not aligning with the same district number andl don't know why. I've put in a request to IT (Information Technology) to see why when we request that report it's coming out with those variances, but that is a minor variance that we're going to work out. Commissioner Carollo: I wouldn't say it's minor. I would say it's quite a bit more than minor 'cause I was going to start asking you all these addresses and we were probably going to be here for at least 30 minutes or an hour -- Commissioner Spence -Jones: Great minds, great minds. Commissioner Carollo: Yes -- going over some of these addresses and seeing, you know, where in District 3 they are. Now, listen -- andl spoke to a few directors about this. Realistically, we're all human. I make errors. We all make errors. However, I specifically mentioned this issue in the last Commission meeting whenever we did the CDBG (Community Development Block Grant). I said, you know, I asked for this information; I [sic] was provided to me. I brought up the list, andl said out of these 300 and something addresses they gave us, I think only 70 were actually in our district. Yet, it occurred again. The backup material is still there, all the errors. So, you know, I'm just baffled a little bit. Either, you know, I guess this Commission's not be listened to or some of the members are not being listened to or so forth because realistically that whole map is totally wrong because if it's based on this backup information, it's wrong. And what happens is, in order for me or at least this Commissioner to vote, a lot of times -- andl said this earlier today with the police chief. And actually, he came up, he gave, you know, viable, you know, answers, explanations and the truth of the matter is, you know, I agree with him. And we voted on the item and we moved on. But here it is clearly, you know, an error that was mentioned in the last Commission andl guess we weren't heard, but again, in order for us to vote or at least this Commissioner to vote on an item, positively vote on an item or vote in favor of an item, you know, I count on the information that I am given. That doesn't mean that I don't do a due diligence on the information that I'm given. I mean, I am an auditor and I'm used to asking for information and getting a pile of paperwork and, you know, having to go through it. In other words, I don't usually just because I get a pile of paperwork say, okay, they, you know, gave us what I asked for. I actually go through it to see if -- Mr. Guadix: Yes, Commissioner. Andl take full responsibility for that. I want to apologize first of all 'cause last time I wasn't here. When the information got to me, I really didn't understand what was that part of the question. Now this morning I have -- I had been told by D5 (District 5) this is what's happening here, and right away I sent out an e-mail (electronic) to the people in IT to see where the problem is, butt take responsibility for that andl apologize for that. Commissioner Carollo: And listen -- and you know, I accept your apology. Obviously, I'm either voting no on this or we're deferring it or whatever, you know, the will of this Commission is. The only thing is, you know, at least with me -- andl don't want to say that, you know, I'm a little frustrated with this, but this isn't from the last Commission meeting. I've asked for this City ofMiami Page 19 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 information for I don't know how many months. So we've been at this for quite a while and we could check the e-mails to see when we actually received the information, andl could show you. I could go one by one 'cause we have done it and actually we've done it quite a bit. We've gone one by one and we could show you this address isn't in our district, this -- I mean, pretty much on this first page that you gave me, I would say, let's say, 90 percent are outside of our district. Mr. Guadix: Right. Commissioner Carollo: So it's -- you know, it's something that it isn't just one or two. Mr. Guadix: Right. Commissioner Carollo: It's quite a bit so. Mr. Guadix: What I can guarantee you, Commissioners, when we do come back with the regular numbers is that those people that are in that district, that are in that area, are working on that area because they are assigned to that area. If they haven't been working in that area, outside of it, then that is very strange because they wouldn't do that. They do that only -- they're assigned only to certain areas. Commissioner Carollo: Okay. Andl don't want to miss the point now because I don't want that those people or employees are working in that area, andl definitely do not want to miss the point that I'm asking to go in there and cite everybody and ticket everybody. No, no, no. I am definitely not saying that. What I actually --and if you want, you can come by my office and you know, schedule a good amount of time 'cause I did show some pictures in the last Commission meeting, but we had -- I was told about 250 more of illegal dumping in the Little Havana area and that is something that I definitely want to target. I mean, we've got to start cleaning up the streets of Little Havana. We definitely do. And then when I see how many illegal dumping citations have been issued, it seems like we might be targeting the wrong things. So I just -- if possible -- and through the Manager -- andl will welcome the Manager to attend our meeting if he would, you know. Maybe we can meet and address some of this so hopefully we can move on with this item. Mr. Guadix: And as a matter of fact, just to -- Chair Suarez: Thank you, Commissioner. Mr. Guadix: -- help you out with, you know, feeling better, we are actually working on a whole new program through Mr. Luis Cabrera. He's actually chairing it. We're going to be doing a whole big program on the illegal dumping and just the quality of life issues, just so you know. Commissioner Carollo: I appreciate that because it needs to be addressed. I mean, that is a big, big issue in District 3, in the Little Havana area. There's not one day that goes by, you go out there anywhere in Little Havana, you're going to see the couches and the illegal dumping out there. And there's a bigger scale to this. I mean -- and some of that area, if we actually are going to revitalize it and move forward with different plans, realistically, we can't have couches and all kinds of illegal dumping everywhere. And like I said, you're welcome and the Manager definitely to come by and, you know, spend some time and see, you know, some more pictures of exactly what I'm speaking about. Luis Cabrera (Acting Chief of Operations/Assistant City Manager): Okay, Commissioner. Thank you very much. Chair Suarez: Okay, thank you, Commissioner. Commissioner Spence -Jones, you're recognized. City ofMiami Page 20 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Commissioner Spence -Jones: I just want to say this to Code Enforcement. Sergio, your department has definitely been -- you know, any time we're trying to get something done or get to the bottom of it, you have definitely stepped up to the plate to make that happen. I think that just part of the issue has just been, you know -- I don't know if it's the wrong system or how people are inputting it, but that was one of the issues and concerns thatl was going to also bring up as well today. So I would be very much interested andl don't know if you can just do it by district so that at least we know kind of what's happening in our overall areas. Andl do want to commend the Assistant City Manager on the new initiative that you guys are starting 'cause we know how important it is to kind of address this illegal dumping issue and these serious code violations with, you know, abandoned property owners. So I'm very excited about hearing this. Hopefully, this should be happening in the next month? Mr. Cabrera: Commissioner, I anticipate that within less -- Commissioner Spence -Jones: Your name for the record. Mr. Cabrera: Assistant City Manager -- acting Assistant City Manager, Luis Cabrera. Within less than a month, we're going to launch an initiative which is going to focus on illegal dumping and also focus on abandoned houses and lots. The reason why I'm take -- we're taking our time with this because we want to make sure we do it right. Commissioner Spence -Jones: Okay. Mr. Cabrera: I think in the past we focused in going in one direction and we haven't been successful, and we're trying to get to the root of the problem, why are we not able to effectively deal with these abandoned houses and lots. And we've been working with Commissioners' staffs. We've had brief discussions and we're coming up with different ideas and formulas. We're looking at stakeholders, who is truly responsible -- Commissioner Spence -Jones: Yeah. Mr. Cabrera: -- who -- you know, who is neglecting our neighborhoods and causing the fact that the residents are suffering and the quality of life is suffering. So we're really focusing on addressing this and within less than a month, we'll come out with an initiative, an operation which will outline to the entire Commission and announce it. And hopefully, this will address a lot of the problems. And the focus, Commissioner Carollo, will be on, number one, making -- having more green areas to prevent people from illegal dumping. And number two is to actually focus on those who are doing it, not the victims of that. Second of all, we're also going to look at an area where we're going to give the residents the opportunity to say I don't have to illegally dump or I don't have to do this. We have an area where I can go and disregard [sic] the trash or whatever, the debris. So there's going to -- it's going to be a holistic approach to addressing the problem, but I don't want to launch it or present it until it's something that everybody feels comfortable with andl will bring that forward. Chair Suarez: Thank you. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, you're recognized, Commissioner Carollo. Commissioner Carollo: As a matter of fact, you know, I appreciate that, Mr. Cabrera, because the truth of the matter is, yes, some owners of buildings of residents in District 3 have been actually victimized twice. And why do I say victimized twice? Because, first of all, someone comes and illegally dumps something in front of their property. Second of all, Code City ofMiami Page 21 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Enforcement comes and now cites them. So they're calling me and say, Commissioner, you know, I had no idea. I don't know who did this. And listen, every once in a while, yeah, does someone try to be slick and try to get one past, yeah. But I can tell you, for the most part, I know some of these people, they're not. They're actually victimized twice, so I'm glad that that's something that you mentioned. And again, you know, I welcome to, you know, join Mr. Guadix and the Manager too and so forth and maybe we could address this because, you know, I don't know if you attended the CDBG meeting or the meeting where I addressed andl showed all the pictures, but it's definitely -- Mr. Cabrera: Yes. Commissioner Carollo: -- you know, a concern that have and want to address it so. Mr. Cabrera: I was fortunate enough to be sitting -- Commissioner Carollo: I remember, as the Manager. Mr. Cabrera: -- at the dais and one of the things I remember the most, and you were very clear that, you know, we need to start focusing on actually the people who are committing these offenses -- Commissioner Carollo: Yes. Mr. Cabrera: -- not the people who are being affected by these offenses. Commissioner Carollo: Right. Mr. Cabrera: So -- Commissioner Carollo: And that's where Code Enforcement comes in. Mr. Cabrera: Right. And the concern -- your concern was that we need to change the way we go out there and do our enforcement. And the message was clear and the message will be -- has been delivered, and we will address it. Commissioner Carollo: Thankyou. Chair Suarez: Thankyou. Commissioner Carollo: And with that, Mr. Chairman, ifI could continue the item until the first - - the next like meeting, which will be the (UNINTELLIGIBLE). Chair Suarez: Before that, if you can -- if you don't mind, Commissioner Gort wanted to have -- Commissioner Carollo: Not a problem. Chair Suarez: -- some discussion so. Commissioner Carollo: Not a problem. Chair Suarez: Commissioner Gort, you're recognized. Commissioner Gort: Thankyou. I'd like to tell you, illegal dumping is the major problem that we have in the City ofMiami. City ofMiami Page 22 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Commissioner Carollo: Absolutely. Commissioner Gort: Everybody feels -- and that is thanks to the collection system that we have. I think the sanitation department is one of the best if not in the county, in the state, in the nation, and people know if they drop this stuff it going to be picked up. We need to -- at one time I remember the Code Enforcement used to be part of the NET office and they worked in combination with the police, the NET office. They were in the neighborhoods and they knew what was going on in the neighborhood. They knew where dumping was taking place, and they had the inspector going back and check the dump and sometimes they could get information on who did the dumping. At the same time, somehow -- andl don't know the luncheon today, the press conference you all going to have -- I think we need to establish an education program 'cause I hate to see people the day -- two or three days before collections of trash or collection of the garbage putting the stuff out. They're not aware. I mean, last Monday when we didn't have the pickup, my neighborhood, the amount of phone calls I received -- so I hope the Administration for this Monday that we're not going have pickup, trash pickup -- I mean, garbage pickup, that somehow we make sure those people that receive the services on Monday they're being notified, there will not be garbage pickup on Monday, the 16th. I have to make sure. At the same time, it came out with the -- that he don't know how the documents got in here. Once again, IT -- we spent millions of dollars in IT. Still, our people do not communicate with each other. We need to do something on this, an analysis, a study, but really look into this where our people are talking to each other. We have to do that. Chair Suarez: Thank you, Commissioner Gort. I'd just like to say a few things before I yield to Commissioner Carollo on action on this item. One is, one of the big emphasis of my personal scrutiny of the new incoming inspector general or auditor general is going to be specifically related to IT and having a performance -based audit of IT. And if he needs -- he can do it himself, great. And if he doesn't have the technical expertise that we, you know -- I think it may even be worth hiring an outside company to come in and give us an audit of it because it could save us millions and millions of dollars, and we're not getting, I don't believe, a good return on our investment for the money that we're spending. So that's one issue. The second issue is, you know, we're going to keep harping on this until we figure it out, which is the difference between enforcement and compliance. You know, we continue to enforce the code, enforce the code, enforce the code, enforce the code, but what we want at the end of the day really is for people to comply with the code, you know. If you have illegal efficiencies, it's great that we have a running fine on your house, you know, to the tune of $200, 000, but it doesn't fix the problem. So we need to start thinking outside of the box and start focusing on how we're going to get people to comply with the code rather than so much focused on how we're going to get people -- how we're going to enforce the code. And the last thing is, you know, Director Mensah andl spoke about something that Mr. Muhammad mentioned in his comments, which was basically we have allocated in District 4 $100, 000 to what's called the Single -Family Rehab program, and that program can be used -- andl will advocate that it be used to allow people to utilize it so that they can comply with the code. In other words, if there's a house that has three illegal units, okay, we, the City, if they're CDBG-eligible to receive funding, will go in there and demolish those units, you know, get the proper permits, do it to the codes and standards of the City code at no cost to the resident. So you know, there's obviously always a big barrier to doing that because people don't want to pay the money, and secondly, they don't want to lose the income. But you know, if we use a carrot and stick approach and the stick being, listen, we are going to file suit on these bad properties -- we're going to file suit against you, we're going to request that the judge order you to comply with the code and if you don't comply with the code, guess what, you're in contempt of court and you're subject to arrest. And just like with our demolition program, once the message gets out that we're taking our enforcement and our compliance seriously, I promise you, people are going to take advantage of the resources that we have to do it free of charge, and they're going to actually, God willing, start complying with the code so that we don't have all these huge enforcement issues. Commissioner Carollo. City ofMiami Page 23 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Commissioner Carollo: Yeah. I'd like to continue the item to the next -- same like meeting. Chair Suarez: Excuse me one second. Director Mensah, would you like to say something on that? Mr. Mensah: Mr. Chair, this item has two components. One was the code enforcement allocation that was made on '11 and '12 -- 2011-2012 CDBG year, and this current, which is year 2012-2013 CDBG year. The previous one, because of an error in not coming back to the Commission and allocating and making the payment that has stopped. So currently the code enforcement spent money that has not been reimbursed with CDBG funds. Because of -- for that reason, they are currently over their budget. Our year ends March 31, 2012, so my -- I would (UNINTELLIGIBLE) the Commission, they can continue this particular item, but allow us to be able to go back and pay the City for the code enforcement officer that currently -- Chair Suarez: Thank you, Director Mensah. Commissioner Carollo, you're recognized. Commissioner Carollo: Mr. Chairman, thank you. And thank you, Mr. Mensah. That's something that I brought up at -- Mr. Mensah: Yes. Commissioner Carollo: -- the last meeting, and l just don't want to comingle the years. Mr. Mensah just mentioned about the previous years, the allocation about the $800, 000 that never came back to this Commission and the money was, like he said, erroneously spent. I believe that, and I've spoken in great length to the Budget director about that. I believe -- I don't know if it's next month, but when he does the year-end adjustments, once the auditors look at everything and they say their recommendations for the City to adjust their books this way, I think that's when it'll be the proper time to bring that back to this Commission for approval unless -- Mr. Mensah: We give -- our allocation -- usually on an annual basis, we are required by the regulation to go into a memorandum of understanding with community -- with Code Enforcement. That ends on March 31. So if it comes after March 31, we cannot reimburse. Commissioner Carollo: Give me a second. I see the director of Budget. If he could come and address that to see when he plans on coming with the adjustment -- andl believe it's before March 31 and I'll tell you why. Because I expect to have audited financial statements issued by our auditors prior to March 31 because that's the deadline. So, Mr. Alfonso -- and I'm sorry, Mr. Chairman. Chair Suarez: No, no, no, please. Mr. Alfonso, you're recognized for the record. Daniel Alfonso: Danny Alfonso, director of Management & Budget. The intent is to bring the end of year 2011 closing item to this Commission on the second meeting in March. Chair Suarez: Let me just say -- 'cause I think it's going to be the same question he's going to ask, which is that if for whatever reason that gets delayed as a result of the CAFR (Comprehensive Annual Financial Report) being delayed or whatever, I think it's important that we direct the agenda office or the City that we bring this item back no later than -- Mr. Alfonso: The second meeting in March. Chair Suarez: The second meeting of March. Does that work, Director Mensah? Okay. Commissioner Carollo: Okay. And so -- and again, just for clarity, this is two separate items. What Mr. Mensah just spoke about was for last year that, you know, I brought up or was brought City ofMiami Page 24 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 up. Now, for this year, this coming year, first of all, I want to again -- and I spoke to Mr. Alfonso this morning, even though I knew the answer, but I still asked. Would deferring this -- Chair Suarez: Impact. Commissioner Carollo: -- to the first meeting in February impact whatsoever the Code Enforcement budget right now? Okay. Say it for the record, just -- Mr. Alfonso: No. As long as before the end of the year -- Commissioner Carollo: Exactly. Mr. Alfonso: -- we get approval and reimbursed. Chair Suarez: Commissioner Gort, did you want to be recognized? Commissioner Gort: Yes. I have a question. I don't know if you all realize that we might be fighting the feds because I think they're looking at the formula where they might reduce our contribution by 30 percent. We think we can argue in favor not to reduce it that much. Is that going to affect any of the arguments or anything that we doing right now? Mr. Mensah: No. What the Commission asked us to do in December 8 is to ensure that this amount remains. So this amount is going to stay constant. It's just that other funding (UNINTELLIGIBLE). Commissioner Gort: So the books are clear and the paperwork is clear, okay. Thank you. Commissioner Carollo: Okay. Commissioner Sarnoff. Mr. Chair. Chair Suarez: Yes. Mr. Vice Chair, you're recognized for the record. Vice Chair Sarnoff. Yeah. I think we should be -- this is a good educational time. And you know me, I love the -- I'm the messenger. I love to deliver the message. There is a 33.4 percent reduction in CDBG that is not discretionary, it might not happen. It is going to happen. And while we have been able to withstand 5 percent here and 6 percent there, a 34 percent reduction in CDBG is cataclysmic. I choose that word carefully. That means that from an economic development standpoint, but more importantly I think the social standpoint of the social services we provided, a lot -- and hope they're listening, but a lot of these agencies are going to have to consolidate 'cause the only way that they're going to survive and do the line function of what they're supposed to do is to get rid of what call the middle management. Andl say this -- you know, I say this to them now because I know when they come in front of us, everybody's going to ask for the same allocation as last year, and it's simply not going to happen, at least from CDBG standpoint. And you know, I want -- I was going to let this go, but I'm not. You know, I hear people come up and say, you know, there should be a reservoir, canister, it should be in Commissioner Suarez's cushions, this money that should exist that should help people come into compliance. I disagree with that completely. Only in very limited circumstances should government ever come in and take care of somebody's property who has neglected their property. I can find a few circumstances, but predominantly if you're a landowner, you have an obligation not only to yourself, to your renters and to your neighbors to take care of your land, so I want to say this categorically. As resources diminish from government's standpoint, do not look to government to take care of your responsibility and that is, as an owner of land, you have a duty. It used to be called season, but you have a duty to keep your land up, so don't look to government to come bail you out. City ofMiami Page 25 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Chair Suarez: Thankyou, Mr. Vice Chair. Commissioner Carollo, could you please articulate the motion? Commissioner Carollo: Yes. I make a motion to continue the item. Chair Suarez: Would you like to -- Commissioner Spence -Jones: Say that again. Commissioner Suarez: Just one second. -- bifurcate that motion 'cause I think --? Or you want to continue it all to that March meeting? Commissioner Carollo: Yes. No, no. I want to continue this. What he mentioned was something, you know, different allocations that should have come back to this Commission; it was not, but the Budget director stated that he is planning on bringing that item back for a year-end adjustment at the second meeting in March. Chair Suarez: So you want to continue this item? Commissioner Carollo: I just want to continue this item, and the other item is going to have to receive Commission approval in order to make sure that everything is kosher federally and so forth, andl think that's why I addressed it in the CDBG meeting and Mr. Alfonso stated that he will be bringing that in the second meeting in March. So I just want to do the continuance of this item. Chair Suarez: Motion -- Commissioner Spence -Jones: And you have a second. I just want to make sure that, George -- 'cause I don't -- I definitely want to do -- don't -- you know, I do not want to do anything that's going to jeopardize or hurt your department in any manner. Commissioner Carollo: We already addressed it. Commissioner Spence -Jones: I know you're already having, you know, serious issues with the 33 percent so that's already enough. I'm assuming that people are going to probably be laid off as well, I'm sure. Unfortunately, that's -- I'm sure that's -- right. So I just want to make sure on this particular issue, though, is this something that needs to happen today or you --? Commissioner Carollo: No. Commissioner Spence -Jones: Okay, so -- Mr. Mensah: No. We will come back in February because of the fact the deep cut that we received, we had -- on December 8 what we did was that we said that the agencies will receive proportionate cut, whatever cut we got. But because of the deepness of this cut, I thinkl would rather come back to the Commission and let everybody know that these are the amount that they receiving. So in February, the last -- the second meeting in February, we'll come back with the CDBG allocations so that we can go through it again. Chair Suarez: Thankyou. Vice Chair Sarnoff Mr. Chair. Chair Suarez: Yes. You're recognized, Vice Chairman Sarnoff. City ofMiami Page 26 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Vice Chair Sarnoff. This might be where you want to workshop this. You need to give these agencies a long -- Commissioner Spence -Jones: Education. Vice Chair Sarnoff. -- heads up, right, and say to them -- andl would do it right in this chamber -- this is what's coming and there's nothing we can do to change the storm that's coming. Commissioner Carollo: Well, you know -- Vice Chair Sarnoff. I know what you're going to say, you might be able to change economic development dollars. Commissioner Carollo: Yeah. No, well -- sort of like that. We might be alleviated somewhat from 15 percent to 25 percent that we're trying so hard to do. And if we ever get it on a bill, I think there is no opposition, it will pass. But we need to get it on a bill, any bill. But, you know, that would -- the cut is so much that this will alleviate it? I don't know now if it would actually solve the problem. Vice Chair Sarnoff. Right. So I -- that only makes it stronger that -- Chair Suarez: Right. Commissioner Carollo: Yeah. Vice Chair Sarnoff. -- let's get everybody -- Chair Suarez: In a room. Vice Chair Sarnoff. I just hate to have people say I had no idea. And at least you get to say, you know what, in February, we had a workshop. You were advertised, it was out there. Chair Suarez: Sunshine meeting workshop. Vice Chair Sarnoff. I don't think we have to be here. I don't know -- Commissioner Suarez: Okay. Vice Chair Sarnoff. -- that we do or don't. Chair Suarez: Okay. Commissioner Spence -Jones: No. Vice Chair Sarnoff. But if you want to, that's fine. Chair Suarez: Okay. Mr. Mensah: It should be a meeting. Chair Suarez: That's fine. Commissioner Gort: Mr. Chairman. City ofMiami Page 27 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Chair Suarez: No, no. I don't think we have to be there and I'm -- Vice Chair Sarnoff. You need -- I'm sorry. Commissioner Spence -Jones: You need to be there. Mr. Mensah: It should be a regular meeting. We'll just allocate the same funding again, this time with the much lower amounts. Chair Suarez: Okay, thank you, director. Commissioner Gort: Mr. Chairman, let me -- may I --? Chair Suarez: Yes, yes. Commissioner Gort, you're recognized. Commissioner Gort: George, my understanding, there's only three states that's being affected or is it nationwide? My understanding is California, Florida, and what's the third state? Mr. Mensah: I believe there were some -- Commissioner Gort: Nevada? Mr. Mensah: -- in New York. Vice Chair Sarnoff. New York. Mr. Mensah: The majority happened in those areas because I think those areas where the growth happened. Nevada is one of them, but some cities -- some -- I always say that it really went to cities, cities that had -- we say that had the boom, during the boom years. However, HUD (Department of Housing and Urban Development) is thinking that that's not the case. We just had a response from HUD in terms of where the numbers came from, so I think our fight now should be with the census bureau to really go in the census bureau and ask them how they came up with those numbers so that we can have an idea of how to fight it. Commissioner Gort: Okay. Thank you. Chair Suarez: Thank you, director. There's a motion by Commissioner Carollo, a second by Commissioner Spence -Jones. Any further discussion? Hearing none, all those in favor, signin, by saying "aye." The Commission (Collectively): Aye. Chair Suarez: None in opposition. PH 2 -- Priscilla A. Thompson (City Clerk): Excuse me. I'm sorry, Chair. Chair Suarez: -- is approved unanimously. Commissioner Carollo: Continuance. Ms. Thompson: Yes, so that's 2/9, February 9. Commissioner Carollo: Right. Chair Suarez: Correct. City ofMiami Page 28 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 PH.3 11-01184 Department of Fire -Rescue Ms. Thompson: Thank you. Chair Suarez: Same like meeting. Ms. Thompson: Yes. Chair Suarez: Thank you, Madam Clerk. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS), AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92(A)(1) AND (3) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF TECHNICAL SERVICE SUPPORT FOR PHYSIO-CONTROL AUTOMATED EXTERNAL DEFIBRILLATORS, FROM PHYSIO-CONTROL, INC., FOR THE DEPARTMENT OF FIRE -RESCUE, FOR A TERM OF THREE (3) YEARS, EFFECTIVE OCTOBER 1, 2011 AND EXPIRING ON SEPTEMBER 30, 2014, IN AN AMOUNT NOT TO EXCEED $125,610, PAYABLE IN ANNUAL INSTALLMENTS OF $41,870; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 00001.184010.546000.0000.00000, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A TECHNICAL SERVICE SUPPORT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 11-01184 Summary Form.pdf 11-01184 Memo - Physico-Control (AED).pdf 11-01184 Memo - Maintenance of Physio-Control.pdf 11-01184 Notice to the Public.pdf 11-01184 Letter - Physio Control.pdf 11-01184 Legislation.pdf 11-01184 Exhibit 1.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0005 Chair Suarez: So moving along, PH.3. Commissioner Gort: By the way, dad, he's doing a great job. Commissioner Carollo: Agree. Reginald Duren: Reggie Duren, Deputy Fire Chief. PH.3 is a resolution requiring a four fifths affirmative vote ratifying, approving and confirming the City Manager's finding of a sole source for technical service support for Physio-Control automatic [sic] external defibrillators for a term City ofMiami Page 29 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 of three years, in an amount not to exceed $125, 000; further authorizing the City MManager to execute a technical services and support agreement. Chair Suarez: Thankyou, chief. This is a public hearing item. Is there any member from the public that would like to discuss PH.3? Hearing none and seeing none, closing the public hearing; coming back to the Commission. Vice Chair Sarnoff. Move it for comment. Chair Suarez: Motion for discussion by -- Commissioner Gort: Second. Chair Suarez: -- Vice Chairman Sarnoff. Is there a second? Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. Vice Chairman Sarnoff, you're recognized for the record. Vice Chair Sarnoff. Chief I just want you to put on the record that you have compared Physio-Control to other devices and you've determined on a cost-effective basis that this is the most cost-effective way of moving forward. Deputy Chief Duren: Yes. Currently through our system we use Physio-Control and that survey and study was done some time ago. They're in our system now. We're asking us to be allowed to continued maintenance. The product has proved to be worthwhile and valuable and has saved many lives. Vice Chair Sarnoff. Maybe I should have said it better. You have done a cost benefit analysis that moving to another product that would be less money. You still determined that Physio-Control is the best alternative from a financial standpoint. Deputy Chief Duren: Well, in this analysis, sir, what we've done is looked at the product we currently have. There's no reason to move to another generation. We'd have to have complete startup costs to begin a new product line and we don't feel like we have that capacity currently to even do that type of analysis. Vice Chair Sarnoff. So then you're saying the analysis was essentially done because the new -- to do a new product at less money would cost more money? Deputy Chief Duren: It would require a startup cost -- Vice Chair Sarnoff. Okay. Deputy Chief Duren: -- that we didn't feel our budget could incur that. Vice Chair Sarnoff. I just want it on the record so that people will understand that there is another product out there, but you've done a determination that this -- it works best for you and that when you factor in the startup costs and other educational training 1 guess it takes, that this is the best way to proceed. Deputy Chief Duren: Yes, sir, exactly. Thank you. Chair Suarez: Thankyou, Mr. Vice Chairman. This is a four fifths item. All those in favor, City ofMiami Page 30 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 signify by saying "aye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. PH.4 RESOLUTION 11-01182 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS), AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92(A)(1) AND (3) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF PREVENTATIVE MAINTENANCE AND EXTENDED WARRANTY SERVICE FOR 911 WORKSTATIONS, FROM WRIGHT LINE, LLC., A WHOLLY OWNED SUBSIDIARY OF EATON CORPORATION, FOR THE DEPARTMENT OF POLICE, FOR A TERM OF FIVE (5) YEARS, IN AN AMOUNT NOT TO EXCEED $68,500; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE E9-1-1 ACCOUNT CODE NO. 12000.190351.546000.0000.00000, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 11-01182 Summary Form.pdf 11-01182 Memos - Preventative Maintenance.pdf 11-01182 Letter - Eaton Corp. Electrical Sector.pdf 11-01182 Notice to the Public.pdf 11-01182 Period Balance (YTDE) Dec-2011.pdf 11-01182 Budget Funds Check Results.pdf 11-01182 Legislation.pdf 11-01182 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0006 Chair Suarez: PH.4. Manuel Orosa: Good morning again. Manny Orosa, Chief of Police. PH.4 is basically a preventive maintenance item. It's coming from E9-1-1 funds so there's no general funds involved. And the maintenance is our workstations in communications, at the Fire College as well, and our EOC (Emergency Operations Center). And the workstations basically is what the dispatchers and the call -takers sit, use the microphone, the equipment involved in it just to be able to maintain it so that we avoid it breaking as much as possible so that we can have a clear flow with communications. Chair Suarez: Thank you, Chief. This is a public hearing. Any member from the public like to discuss PH.4? Any member from the public would like to discuss PH.4? Hearing none and City ofMiami Page 31 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 seeing none, the public hearing is closed; coming back to the Commission. Any discussion or motion? Commissioner Spence -Jones: So moved. Commissioner Carollo: Second. Commissioner Spence -Jones: Discussion. Chair Suarez: Moved by Commissioner Spence -Jones, second by Commissioner Carollo. Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: I just want to officially -- 'cause I don't think we actually officially welcomed the new chief. Is that correct? Chair Suarez: I think that's right. Commissioner Spence -Jones: I wasn't at the last Commission meeting. Well, I think that we all should officially -- Chair Suarez: This is the first one. Commissioner Spence -Jones: -- welcome our new chief. He was sworn in I believe after last Commission meeting, but we want to officially welcome you. Chief Orosa: Thank you and thank you. Commissioner Spence -Jones: Let's give our new chief a hand. Applause. Commissioner Spence -Jones: Andl can say that he's been very responsive to many of the things that we need to have done in the neighborhood andl really appreciate that. Chair Suarez: Thank you, Commissioner. Any other discussion from the board? This is a four fifths as well. All those in favor, signin, by saying "aye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. PH.5 RESOLUTION 11-01165 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES FOR THE PROCUREMENT OF SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT WITH GLOBAL SPECTRUM LIMITED PARTNERSHIP FOR THE MANAGEMENT AND OPERATION OF THE MIAMI CONVENTION CENTER/JAMES L. KNIGHT INTERNATIONAL City ofMiami Page 32 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 CENTER, EXTENDING THE TERM FOR AN INITIAL PERIOD OF ONE (1) YEAR EFFECTIVE APRIL 1, 2012, WITH ONE (1) ONE YEAR RENEWAL OPTION EXERCISED AT THE SOLE DISCRETION OF THE CITY COMMISSION. 11-01165 Summary Form.pdf 11-01165 Memo - Waiver Competitive Bidding.pdf 11-01165 Notice to the Public.pdf 11-01165 Pre-Legislations.pdf 11-01165 Insurance & Safety Approval Form.pdf 11-01165 Certificates of Liability Insurance.pdf 11-01165 Joint Loss Payable.pdf 11-01165 Budget Lines (City of Miami).pdf 11-01165 Funds Available Inquiry (CMA).pdf 11-01165 Legislation.pdf 11-001165 Exhibit 1 SUB.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the record: Item PH. 5 was deferred to the Commission Meeting scheduled for January 26, 2012. PH.6 RESOLUTION 11-01183 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER AND LIGHT COMPANY, A FOR -PROFIT FLORIDA CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF APPROXIMATELY A FIFTEEN (15) FOOT WIDE STRIP OF CITY OF MIAMI OWNED PROPERTY LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA (ALSO KNOWN AS COCONUT GROVE CONVENTION CENTER), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT. 11-01183 Summary Form.pdf 11-01183 Notice to the Public.pdf 11-01183 Legislation.pdf 11-01183 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0008 Chair Suarez: PH.6. Daniel Newhoff (Interim Director): Dan Newhoff Department of Public Facilities. PH.6 is a resolution of the Miami City Commission authorizing the City Manager to execute a grant of City ofMiami Page 33 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 easement to Florida Power and Light for a non-exclusive easement to City property located at 3500 Pan American Drive. The purpose of this easement is to allow the utility access to the property for work associated with our Dinner Key Marina dock master's office project. Commissioner Gort: Move it. Commissioner Carollo: Second. Chair Suarez: Been moved by Commissioner Gort, second by Commissioner Carollo. This -- all those in favor, signin, by saying "aye." Priscilla A. Thompson (City Clerk): No, no. I'm sorry. Public hearing. Chair Suarez: I'm sorry. Ms. Thompson: Public hearing. Chair Suarez: This is a public hearing item. Any member from the public wishing to discuss PH.6? Seeing none and hearing none, the public hearing is closed; coming back to the Commission. It's been moved and seconded. And all those in favor, signify -- Ms. Thompson: I'm sorry, Chair. My fault. Moved by? Commissioner Gort: I did. Chair Suarez: I think it was moved by Commissioner Carollo and -- or Commissioner, I'm sorry, Gort and second by Commissioner Carollo. Ms. Thompson: Thank you. I appreciate that. Chair Suarez: All those in favor, signift by saying "aye." The Commission (Collectively): Aye. Mr. Newhoff. Thank you. Chair Suarez: Item passes unanimously. END OF PUBLIC HEARINGS ORDINANCES - SECOND READING SR.1 ORDINANCE Second Reading 11-01166 District4- 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 BELOW A CERTAIN THRESHOLD; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 11-01166 Legislation.pdf City ofMiami Page 34 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 13303 Chair Suarez: SR.1. Commissioner Carollo: I think that's your item. Chair Suarez: Yeah, that is actually my item. Thank you. SR.1 is an item that I sponsored and essentially it -- the reason why I sponsored it is because the first year that was here, we, under City Manager Carlos Migoya, would discuss the budget on a monthly basis -- at least a monthly basis and we would see the ebbs and flows of the budget throughout the fiscal year. We were completely informed of what was going on. The public was -- more importantly, the public was informed of what was going on with our budget, and l just felt that when we're in essentially times of financial distress, when we have less than our required reserves, that we should engage in that practice because it is a good practice. And it's a practice that made we feel very comfortable on voting on that budget, which is why I voted in favor of it. And it's a practice that, unfortunately, we went away from in the following year and made me feel very uncomfortable, which is why I did not vote in favor -- one of the main reasons why I did not vote in favor of that budget. So I just think it's something that we should codin, because it is a good practice, andl think it's something that will strengthen our ability to make decisions and the public's understanding of our government. Commissioner Carollo: Move it. Commissioner Gort: Second. Chair Suarez: Been moved by Commissioner Carollo, second by Commissioner Gort. Any further discussion? All those in -- Vice Chair Sarnoff. Ordinance, ordinance. Chair Suarez: I'm sorry, it's an ordinance. Priscilla A. Thompson (City Clerk): So you have to have your public hearing. Chair Suarez: True. Ms. Thompson: Thank you. Chair Suarez: It's an ordinance of the City Commission. Is there any member of the public that would like to come up and discuss this ordinance? Nathan? No. Hearing none, seeing none, the public hearing is closed. Madam City Attorney. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call on your second reading ordinance. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. Commissioner Carollo: Mr. Chairman. City ofMiami Page 35 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 SR.2 11-00987 City Manager's Office Chair Suarez: Yes. Commissioner Carollo, you're recognized for the record. Commissioner Carollo: And by the way, thank you. I appreciate you bringing this to actually, you know, make it as an ordinance because this is exactly what started putting me in the penalty box when I -- when my frustration began where we weren't receiving the financial information as we all know. So thank you. Very good ordinance. Chair Suarez: You're welcome, Chairman. I mean, you're welcome, Commissioner Carollo. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 53 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STADIUMS AND CONVENTION CENTERS/ IN GENERAL, MORE PARTICULARLY BY AMENDING SECTION 53-1 TO INCREASE THE RATE OF SURCHARGE PAYMENT ON PAID ADMISSIONS, ALLOWING THE SURCHARGE TO APPLY WHERE TICKETED EVENTS OCCUR IN THE PUBLIC RIGHT-OF-WAY, AND PROVIDING FOR A CERTAIN PORTION OF THE TICKET SURCHARGE TO BE ALLOCATED SPECIFICALLY TO FUND PARADES, COMMUNITY EVENTS, AND COMMUNITY PROGRAMS, AS APPROVED BY THE COMMISSION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00987 Summary Form SR 01/26/12.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 Carollo, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the record: Item SR.2 was deferred to the Commission Meeting scheduled for January 26, 2012. END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READING FR.1 ORDINANCE First Reading 11-01185 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Works 54/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/CONSTRUCTION, EXCAVATION", MORE PARTICULARLY BY AMENDING SECTION 54-58, ENTITLED " REPAIR/RIGHT-OF-WAY DEDICATION REQUIRED PRIOR TO ISSUANCE OF PERMITS," BY CLARIFYING THE THRESHOLD FOR THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS TO AFFIRM RELATIVE TO THE RIGHT-OF-WAY DEDICATION MADE PURSUANT TO THIS CODE SECTION; CONTAINING A SEVERABILITY CLAUSE AND City ofMiami Page 36 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 PROVIDING FOR AN EFFECTIVE DATE. 11-01185 Summary Form SR.pdf 11-01185 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo Chair Suarez: FR.1. Nzeribe Ihekwaba: Good morning. Zerry Ihekwaba, Public Works director. FR.1 is an amendment to City Code Section 54-58 in order to clarify language and also the threshold for a determination as to the necessity for dedication of public right-of-ways [sic] as a condition of obtaining a building permit or a change of use. What happens is that the current language in the City code stipulates that there should be a rational and substantial connection between the burdens placed by proposed developments or change of use on municipal services. And it requires that the burden must be absolutely necessary, as recently demonstrated in a recent litigation. The qualifier of "absolutely" has become a little burdensome and the City Administration would like to clarify the language by substituting the word "absolutely" with a better word of "reasonably necessary" in order to have a practical way of demonstrating the connection between the burdens placed by the developments and right-of-way dedications. This is simply a change of language. It's an amendment to existing language. There's no fiscal impact. Any question on that? Chair Suarez: Thank you, Mr. Director. This is an ordinance. It requires a public hearing. I'm going to open up for the public to discuss this item. FR.1, any members of the public that would like to discuss FR.1? Seeing none and hearing none -- Commissioner Spence -Jones: So moved. Commissioner Gort: Second. Chair Suarez: -- public hearing closed. It's been moved by Commissioner Spence -Jones, second by Commissioner Gort. Any further discussion from the Commission? Madam City Attorney, it's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call on your first reading ordinance. Commissioner Carollo? Commissioner Carollo: Yes, on first reading. Ms. Thompson: Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Chair Suarez? Chair Suarez: Yes. City ofMiami Page 37 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 FR.2 11-01192 District 2- Commissioner Marc David Sarnoff Ms. Thompson: The ordinance has been passed on first reading, 4-0. ORDINANCE First 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 AMENDING ARTICLE 6, ENTITLED "UNSAFE STRUCTURES", IN ORDER TO ADDRESS THE SODDING OF LAND AFTER DEMOLITION OF EXISTING UNSAFE STRUCTURES WITHIN THE CITY OF MIAMI; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. 11-01192 Legislation SR (Version 2).pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Suarez: FR.2. Commissioner Carollo: That's Commissioner Sarnoff. Chair Suarez: Okay, FR.3. Oh, you want to do FR.2? It's unsafe structures. I think you sponsored it. Commissioner Spence -Jones: Yeah. Vice Chair Sarnoff. Oh, I did. Commissioner Spence -Jones: Is this a long discussion, though? 'Cause I think the Administration has a long discussion on it andl know that it's -- Mariano Fernandez (Director/Building Official, Building): No. Good morning. Mariano Fernandez. Chair Suarez: No. I -- the only thing I want to do from a timing perspective is at noon there's a lunch, and you know, I also want to have -- do a little two -second editorial about how I would like to have lunch at noon, deference to the Commissioner Carollo and to our ordinances. Andl just wanted to reserve a little time to -- maybe like ten, fifteen minutes to talk about the Believe campaign, so that leaves us with about five minutes for this item. I don't know if the Administration feels that they can deal with this item in five minutes. If not, we'll go straight to the Believe campaign. Mr. Fernandez: We can, Mr. Chairman. Chair Suarez: Okay. Commissioner Spence -Jones: Okay. Commissioner Carollo: It's first reading also. Commissioner Spence -Jones: Okay. Chair Suarez: Vice Chairman Sarnoff, you're recognized on your sponsored item. City ofMiami Page 38 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Vice Chair Sarnoff. Well, I'll -- let me present. Mariano, whatever I miss, please fill in. But this is an ordinance that really goes to an ordinance on buildings and more or less unsafe structures. And what happens is when we start tearing down these buildings, we essentially leave a pile of rubble. We special assess as we get into that whole issue on special assessments, how we're doing on that, probably not for right now, but point is we need to have that discussion. And if we require that it -- we leave the end result in a park -like manner, which is either seeding or sodding, I think we really do a service to this community. I think we really do a service to everyone in the neighborhood. If any of you saw the 60 Minutes piece in November about the city of Cleveland, they were spending their CDBG (Community Development Block Grant) dollars on taking down what they call their supply of buildings that have been left vacant and may or may not be unsafe. They have some extremely interesting ways of dealing with it, but the intent of Cleveland was to leave the vacant parcel in a park -like manner. This money would be - - and the fiscal impact, the money would be part of the special assessment because it would be a requirement of leaving the condition of the premise in a park -like manner. And just think how the rest of your communities will think about this. I've been on 12th -- it happens to be your neighborhood, your district. I'm sure you feel pretty -- I feel bad too 'cause I have one, too, so let's be fair to each other. We presently have some construction sites that have rebar sticking up. Commissioner Gort: Yeah. Vice Chair Sarnoff. I can't imagine a worse condition to leave a neighborhood in than that scenario. However -- and we're not talking -- it's not apples and apples, but it's close. I just think we have an opportunity here, under a program that the Chairman really was the spearheader, to get it right, to get it well, to put communities back in conditions that people are proud of. We took down a house very recently in Village West and we left the rubble right there. And somebody asked me from -- I think it was El Nuevo Herald. They said, well, wouldn't the City incur liability for creating a park -like structure if somebody were to break their ankle? And I said, well, wouldn't the City and isn't the City incurring liability right now for leaving it in rubble -like condition? So either way, if you allow lawyers to govern your life, you will have an extremely unsuccessful city because if you let lawyers determine what to do, you know what they'll tell you what to do? Chair Suarez: Nothing. Vice Chair Sarnoff. Do nothing. Sit there and keep your mouth shut, and that is not good for anyone. So having said that, it's a good debate. I think it's a simple issue. I think it's -- goes to the special assessment, but I'll listen to all my colleagues. Chair Suarez: Thank you, Mr. Vice Chair. This is an ordinance requiring a public hearing. Any members of the public wishing to speak on this? Mr. Muhammad. Grady Muhammad: Good afternoon. Grady Muhammad. I think it's a great idea. Just like to also consider potential -- I don't know what the liability again -- is start to creating some community gardens. Because in Milwaukee and other places, they're putting (UNINTELLIGIBLE) houses and they be able to create community gardens. And like I said, I don't know what the liability, but it would be better to potentially create some community -- as well as the sodding, but potentially also create community gardens because the lack of fresh fruits and vegetables available in South Florida, but likewise the same way all the land that we have that's agriculturally arable, I think we could potentially also look long-term, not short-term but long-term if we -- and also, as I thought about it, the NSP (Neighborhood Stabilization Program) dollars, Commissioner, the neighborhood stabilization dollars, likewise can be used for these things to resod it. Andl think we have to think outside the box in looking at purchasing these because once we're doing it, Commissioner, we also -- board, we also can land bank with the NSP dollars. And so if we use some of these funds to knock down these properties, fence City ofMiami Page 39 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 them in potentially and land bank them, I think we'll be able to create a win -win situation. And thank you for the ordinance. Chair Suarez: Commissioner Gort, you're recognized. Commissioner Gort: Mr. Chairman, what I'd like to know is the sodding, how much would it cost and what kind of material you're going to be using and one that will not need maintenance - - monthly maintenance. And at the same time, I'd like to see the cost added to it, more or less get an estimate so -- I think that would help to get some of the people to move and demolish their own properties if they realize this is going to cost them a lot more if we do it rather than them doing it. But I think the ordinance will be good 'cause even if they do it themself [sic] they'll have to keep up with the ordinance. Vice Chair Sarnoff. Mr. Chair. Chair Suarez: Yes, Vice Chairman Sarnoff, you're recognized. Vice Chair Sarnoff. Commissioner, we've taken down probably about five properties in District 2 with the use of City money; 15 have come down as a result of people realizing -- for instance -- andl'm not suggesting we're getting ripped off. I really don't think we are, but 8,000, $10,000 to tear down a building and a private person says, I could do it for 4,000. Thanks, Mr. City, I realize the fact you're about to take down my building. I'll take it down myself. Chair Suarez: And by the way, I think the City requires some insurances that are not -- Vice Chair Sarnoff. Yeah. Chair Suarez: -- required under private sector contracts, so that may be the reason why we incur an additional cost. Commissioner Spence -Jones: Mr. Chairman. Chair Suarez: Yes, Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: First of all, I support your initiative. I think that it's definitely something that, you know, if it's going to beautify the area in any way and if we have vacant lots -- Lord knows we have enough of 'em and the buildings are going to be knocked down, it would be nice to have the sodding or have something else. I know that at one time we, you know, tried to work on doing the fencing issue, but you know, it was a little harder to manage. Butl think that this is at least a start. I do want to mention or ask the department director 'cause I know that there are some concerns as well around the financial impact and how we're going to be able to manage this process. So you know, what I don't want to do -- City staff is already tight and already, you know, stretched, so I just want to make sure that we're not taking on something larger than we can handle. Mr. Fernandez: Commissioner, Mariano Fernandez, director of Building Department. The Administration is presently working in trying to secure some funds with other municipalities and the state funding to help and support this program more in the global basis to create some kind of park establishment, something in addition to the sodding. The Administration allow us -- and for -- in the new contract that we going -- actually, I think it went out for bids yesterday, to obtain new demolition contractors. As one of the clauses, the contractor will be forced to level the site for the first time, remove any gravel or any objects in the dirt, and leave it with a sod condition. One thing that we like to express is -- and maybe we can bring it before the second reading with some numbers so we can see what the impact will be or not will be to the contract construction costs -- will be to explore the use of artificial turf or some other material not only City ofMiami Page 40 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 the sodding because that will prevent the maintenance in a continued basis. So we don't want to overburden our fellow employees in the code enforcement because we can (UNINTET,T IGIBT ,F) with the unsafe structures cases and the owners every time that they make a demolish and leave it in very nice condition for a month and two months. Then somebody has to go ahead and mow that lawn. If it's an artificial surface, we won't have that problem. So it's something thatl would like to bring to your attention before the second reading, and if it makes sense and that's the wish of the Commission, then we'll go that way. Chair Suarez: Thankyou, Mr. Fernandez. There -- there's still a public -- the public hearing is still open on this item. Any further discussion from the public? Hearing none and seeing none, coming back to the Commission. Is there a motion? Commissioner Gort: Move it. Commissioner Spence -Jones: Motion -- I move it, but just -- second. I just -- I have a comment thatl want to add, Mr. Chairman. Chair Suarez: Motion by Commissioner Spence -Jones. You're recognize -- Commissioner Carollo: Second for discussion. Chair Suarez: Second by Vice Chairman Sarnoff. First Commissioner Spence -Jones, then Commissioner Carollo. You're recognized, yes. Commissioner Spence -Jones: The only thing that I do want to mention since we are going to go to second reading, I would like for you to provide us with the pros and cons of both because I think it's important. I don't want us to start creating initiatives or programs or whatever we're doing and not have money in the bank. So it's great to go after the grants and to look for all of these creative things that we can do with the vacant land, but to me, I don't want us to be stuck and we're not able to secure the funds, and then we find ourselves trying to, you know, look at our general fund to, you know, make that happen. Mr. Fernandez: Okay. Commissioner Spence -Jones: So I just want to make sure that before we make any second steps on it, that we at least have the pros and cons of both, and I'm sure you'll be able to provide us with that. Mr. Fernandez: More than glad. We'll prepare something for you. Chair Suarez: Commissioner Carollo, you're recognized. Commissioner Carollo: Thankyou, Mr. Chairman. And my comments or questioning -- andl think it will be more like comments. It's basically the same that's been mentioned by my colleagues, especially in District 3. We have a few locations that -- as Commissioner Sarnoff mentioned, we have rebars coming out of the ground and so forth, where it wouldn't just be sodding. I mean, we would have to bring dirt from somewhere. At one time, I actually spoke to City Manager Migoya about it and being able to see with the tunnel if we could bring some of that dirt there and so -- and somewhere along the line -- and I guess, you know, changing in managers and so forth, it just stopped the communication. But we -- I actually had some conversation about that. The one thing that I really put my foot down and City Manager Migoya did also, and we really moved quick on was to fence in one of those areas on 14th Avenue and 1st Street because not only was it a ditch with rebar and it seemed like a lake, nasty, dirty lake, it had no fence, so any accident or anything, a car would actually -- or a child, you know, riding a bike or anything, they could fall in there, so we did fence that area up. But we need to take it City ofMiami Page 41 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 now to the next step so -- Vice Chair Sarnoff. You know, it wouldn't apply -- and know exactly where you're talking about because I actually think -- Chair Suarez: I know what you're talking about too. Vice Chair Sarnoff. -- I think a Commissioner from the County actually has an office right next door to it andl would think the first thing you'd want to do is solve that issue. But it wouldn't apply to your issue there and it wouldn't apply to these started construction sites that they suddenly close 'cause they're not structures. So I know your concern is where are we going to get the money to put the dirt in and it wouldn't apply because we're talking about unsafe structures, you know, buildings. I'd be glad to work with you though on trying to find a solution for these started construction sites that have rebar sticking out. Commissioner Spence -Jones: Yeah. Vice Chair Sarnoff. And I will tell you, I think that's -- I'll do anything you want to try to help you with that. Chair Suarez: Second. I will too, as well. Commissioner Carollo: And that's something that is going to be addressed. Like I said, originally, I was doing it with City Manager Migoya and we were looking at, let's say, the tunnel project. Can we use some of that dirt to, you know, and -- Vice Chair Sarnoff. You know what -- Commissioner Carollo: -- truck it over. There -- we had plenty of discussions. Vice Chair Sarnoff. We're going to get you that. We're going to get you that dirt. Chair Suarez: Yeah. I -- Commissioner Carollo: And I'll go a step -- Chair Suarez: We got a majority here already so. Commissioner Carollo: -- further. I mean, in one of those areas on 22ndAvenue and Southwest 6th Street -- Commissioner Gort: Sixth Street. Commissioner Carollo: -- not only do we have that issue, we also have -- you know, talk about visual pollution. Well, they have billboards on either side that, you know, they're homemade and they're an issue. And you know, we talk about code enforcement. Well, you know. Chair Suarez: And the fines for that are very steep. Commissioner Carollo: Yeah, exactly. Vice Chair Sarnoff. They should be. Chair Suarez: Commissioner Gort. City ofMiami Page 42 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Commissioner Gort: Mr. Chairman, let me ask a question of the attorneys. Once you have concrete poured and you have a column, could that be called unsafe structure? Victoria Mendez (Assistant City Attorney): We actually just -- because of -- Commissioner Gort, we started -- we had 12 unsafe sites. Right now I think we're about down to eight. We have two lawsuits that we've started. One is holding us up in bankruptcy court, unfortunately, so we are -- the City Attorney office has started suing and sending letters to these same holes so we are -- Commissioner Gort: 'Cause they have to be in -- Ms. Mendez: -- trying to resolve that for you. Commissioner Gort: -- violation of any of the City's code. Ms. Mendez: Yes, we are. Commissioner Gort: I mean, definitely. Ms. Mendez: And that's how we're getting them to come into compliance and -- Commissioner Gort: All right. Ms. Mendez: -- starting to fill the holes. Commissioner Gort: Thank you. Ms. Mendez: We've actually had a few come into compliance already based on an initiative that was started by the Commissioner six months ago, that this Commission voted on. Chair Suarez: Thank -- Vice Chair Sarnoff.. Are any of your law -- sorry, Chair -- suits or any of your conversations about the concerns of Commissioner Carollo? Ms. Mendez: Yes, yes. Vice Chair Sarnoff.. Okay. Commissioner Gort: Yes. Ms. Mendez: We have already two lawsuits pending, two have complied. Vice Chair Sarnoff.. For the holes that he's discussing? Ms. Mendez: These same holes -- Commissioner Gort: Yeah. Ms. Mendez: -- because there's a limited list of these. One plans to start construction so we are moving forward with that. And just as a point of clarification on this ordinance, right now it is for the property owners that actually do the demolition, but since the City does most of the demolition, for second reading we're going to make sure that it is a special assessment and that it also gets sodded by the City as part of the construction contracts and demolition contract. So I just wanted you to know that there's going to be that little change between first and second. City ofMiami Page 43 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 FR.3 Chair Suarez: Thankyou, Madam Attorney. I want to wrap this up so that we can get going on our time certain issues. I just want to say lastly that we are going to have a very comprehensive report by Mr. Fernandez in the next Commission meeting, andl will be giving a report and a discussion item on our outstanding special assessments, which I think will make the hairs on the back of your neck stand up. But anyhow, we'll tackle that problem and we'll get a plan of action because I think one of the main concerns is if we're spending general fund dollars, are we going to get that money back and have we been getting -- Commissioner Gort: Yes. Chair Suarez: -- that money back. And I've always said from day one when we started this initiative, we need to -- you need to prove to this Commission, if you're going to want to use general fund dollars, that we are going to recapture those dollars by following through. So much of what happens here is about follow-through. Commissioner Gort: Yeah. Chair Suarez: Are people following -- Commissioner Gort: That's it. Chair Suarez: -- through to the final -- you know, a completion of the project? And why do we have to, as Commissioners, you know, kind of steer that whole process? And -- so I don't want to get too much into it, but go ahead, Commissioner. Commissioner Carollo: Just a quick follow-up. That was part of -- andl always joke around 'cause it got me in the penalty box andl joke about that, but yeah, that was what was saying, you know. And that's when I mentioned the instability and so forth 'cause there were things that already had been initiated with the City Manager and we were moving on, and all of a sudden, you know, somewhere we lost it. Vice Chair Sarnoff. We don't even call it the penalty box anymore. We just call it District 3. Commissioner Gort: No, but -- Chair Suarez: Okay, guys. Commissioner Gort: -- let's face it, we all were in the penalty box. Chair Suarez: Okay, guys. Okay. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Priscilla A. Thompson (City Clerk): Your roll call on your first reading ordinance. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. Chair Suarez: Thankyou, Madam Clerk. Mr. Fernandez: Thank you ORDINANCE First Reading City ofMiami Page 44 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 11-01078 Department of Solid AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 22 OF Waste 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 11-01078-Submittal-Supplemental Back -Up Information.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Suarez: We're now on FR.3. Keith Carswell: Good afternoon, Commissioners. Keith Carswell, director for the Department of Solid Waste. FR.3 are various code amendments to the Chapter 22 garbage and other solid waste. The various amendments will help with our management and enforcement of our commercial franchise, also allow us to -- historically, we've confiscated illegal roll -offs or bandits, which have taken revenue away from our legitimate franchisees. We put it in place, a process to be able to auction off the roll -offs. And last year, for example, we collected $22, 391 from illegal haulers operating in the City ofMiami. Also, within this, we have a -- we're claming in terms of roll -off -- permits for roll -off containers. Last fiscal year we actually received 2,240 roll -off requests for permits. They generated 168, 000 in revenue to the City. This is coding that as well as within this, you have the educational trust fund Historically, we've only been able to award scholarships to employees of the department for college tuition. Last year we awarded about two scholarships based on the criteria that was established. But one of the things that we wanted to do was enable employees that have been with the department for at least two years and are in good standing to be able to apply some of these monies towards a CDL (Commercial Driver's License) license, which in turns creates promotional opportunity within the department. Chair Suarez: Thank you, Mr. Carswell. This is an ordinance requiring a public hearing. I'm opening up the public hearing. Does any member of the public like to speak on this item? Mr. Simmons, you're recognized. Joe Simmons: Happy New Year, everyone. Joe Simmons, Jr., president ofAFSCME (American Federation of State, County and Municipal Employees) Local 871. There was a couple things read -- got a chance to read the attachment on this particular item in question andl had a couple things I wanted to raise. As far as the CDL testing or college scholarship for employees, right now there's currently provided tuition reimbursement under labor contract, where the employee basically pays on their own and get reimbursed upon successful completion. I'm not comfortable with adding that portion of it to employees at this point. We've had instances where employees did not necessarily pass that test and then that would be money lost. But I think as a compromise, I would say that we need to either increase the amount of the scholarship award for the children because this scholarship trust fund was specifically designed for the children of the employees of the Solid Waste Department to further their educational opportunities, whether it be a trade school or institution of higher learning. The -- I guess the third thing I would say, we do need to have a media campaign to increase -- do a media blitz for recycling participation to City ofMiami Page 45 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 the residents. And another section I looked at, it was a -- there was a ten-day time period in which that department would issue a notice of intent to seize their property. Andl read that. I saw that as it's a ten-day window in order for an opportune -- a rogue franchisee to make money in the City and the City not getting the revenue on that. Maybe it probably needs to be looked at to see how the City can gain better control of that because I don't think it's fair to the other legitimate franchisees that are complying with the franchise agreement. Chair Suarez: Thankyou. Mr. Simmons: Thankyou. Chair Suarez: Thankyou so much, Mr. Simmons. Mr. Carswell, would you like to respond? Mr. Carswell: Yes, ifI could -- Chair Suarez: Yes, please. Mr. Carswell: -- through the Chair. A couple of things. Mr. Simmons is correct that currently there is a program where members can participate. It's a reimbursement. How this program has historically worked and what I'm proposing to you is that the payments go directly to the institution. Monies do not go to the individual, number one. Number two, there are quite a few people throughout this country that are living from paycheck to paycheck. Now to get a CDL license, it costs between 500 and $1, 000. Oftentimes employees in the Solid Waste Department, as Mr. Simmons know, don't necessarily have that money to put up front to get reimbursed upon completion of a program. So what this program allows, which I think is a better benefit and a better program, is that we will pay directly the institution once the person submits information which shows that they enrolled. So I would think that that would be a better program and better benefit for the members. Second of all, there was another comment as it related to the illegal roll -offs. In working with the Law Department, it would be very -- a slippery slope if we just unilaterally made a determination to just go on private property and take public -- private property. What we have in terms of an option is that if it is a public nuisance, as defined by the Florida Statutes, and if it poses an immediate health and safety to the general public, then we can make a -- then we can go on private property and remove the container. So there is a provision, but in terms of providing due process, you have to at least provide notice of intent before you go onto private property and seize private property, but there has to be, in order for us to go on private property, a compelling reason to do so. And if that is for the health and welfare and safety of the general public, then that, we feel, will enable us to go ahead and take action, as opposed to waiting ten days. By then, the illegal hauler is gone and we have dis-incentivized someone from operating illegally in the City. Chair Suarez: Thankyou, Mr. Carswell. Commissioner Gort, you're recognized. Commissioner Gort: Thank you. This is an item that we've been discussing for quite a few years now. My understanding is -- andl agree there's people that pay -- franchisers that pay the franchise fee, but then you have a lot of not only waste from the rollover, but the other waste that being picked up that I don't know if we have inspectors going and can we find those individuals? I mean, if they're working within the City ofMiami without complying with City ordinance, I think they can be fine. Mr. Carswell: Well, we do a couple of things in working with Code Enforcement -- through the Chair. Chair Suarez: No, no. Go ahead. Mr. Carswell: All our commercial haulers are required to submit an application to the City ofMiami Page 46 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 department. Once we receive the application, we input it in the system and 311. We notifi, Code Enforcement. They send an inspector out within three days. They take a picture and they post a permit and they send it back to the department. At the end of the following month, we bill the franchisee for the permit. The permit is good for 90 days and there's a tickler system set up in 311 so on the 87th day we receive a tickler and we contact the franchisee and say do you want to renew the permit. If you do, it's another $75 for the other 90 days. So we have a system set up. And last year, for example, we issued 2,240 permits through this process. We generated 168,000 in revenue to the City. Separate from that, through 311 and working with the haulers, if they see an illegal hauler operating in the City, historically what we've done is that we've gone and where there was a life and safety issue we felt -- oftentimes you may find in certain district there are overflowing containers. There could be needles. There could be medical waste. So we have taken upon ourselves historically to kind of go and remove those containers and contact the haulers. What we have done recently is we really ramped up the effort. For example, last year, we confiscated/removed 88 illegal haulers/operators in the City ofMiami. Now there were a hundred reported. Sometimes by the time we get there, they're gone. But in those cases where we determined that there's an immediate health and safety issue to the general public, we remove them. We contact them and they pay us 'cause it's in the code and there's a fine. Last year they paid us $22, 391. We have unpaid $22,500 sitting there in our mini dump. Those containers that are in the mini dump, as part of this legislation, it will enable us to auction off those containers. A lot of our franchisees have an interest in purchasing them. There'll be some that we'll repaint and use, and then the others that we can't sell or are in very bad condition, we're going to sell for scrap metal. And this will be kind of found money that's unbudgeted, but it's revenue to the City. Chair Suarez: Thank you, Mr. Carswell. Mr. Simmons, did you have one additional follow-up question? Mr. Simmons: There was just a follow-up comment. The -- under the code there is no definition of how -- there's a procedure for how the scholarships are awarded, but from my understanding, there's supposed to be a committee and we wanted to have some participation in that committee. We would suggest four because then that would compel both sides to move this item forward. Because as of right now, it's not codified in the code 'cause I read through it. It's like 18 pages andl didn't see it in there, unless I overlooked it. Chair Suarez: Mr. Carswell. Mr. Carswell: Through the Chair. Chair Suarez: Yes, sir. Mr. Carswell: There was a scathing audit on the committee -- on the use of the scholarship fund that was done by the auditor general last year. There were a total of -- hang on. Over a period of time, there were a total of 34 scholarships issued. Of the 34, 17 or 50 percent did meet the criteria. A good number of those didn't even come to Commission. So in response to the audit -- because Commissioner Carollo, you said that oftentimes we get information and we don't respond to it -- we established a committee internally. As the code permits now, the director can just go ahead and unilaterally make the selection based on the criteria. What passed out earlier to your offices were some supplemental information. We do have an internal committee that makes recommendations to the director who in turns make recommendations to the Commission for consideration. That committee, in order to provide a certain level -- in order to provide a level of transparency and accountability -- well, at the end of the day, the director's accountable through the Manager. We have a representative from EEOC (Equal Employment Opportunity Commission), the Equal Employment office. We have a member -- representative from Budget. We have a representative from the Labor Department. We have a representative from the department who actually is one of his members, who is a 20-year employee, waste City ofMiami Page 47 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 equipment operator in great standing. And we have a person from the Manager's office. They met yesterday and the recommendations and the criteria that you have as supplemental information, they approved and voted on yesterday. And provided that as supplemental information to you. So there is a committee that's established. There is representation from his - - through an employee on the committee. The committee consists of other people outside the department. The -- we have one person who serves as the secretary who's nonvoting, and the fiscal administrator is the treasurer, who's a nonvoting member as well. Chair Suarez: Thank you, Mr. Carswell. Commissioner Spence -Jones: Mr. Chair. Mr. Simmons: But the thing is, that committee has not been identified, number one. Chair Suarez: Mr. Simmons, hold on -- Mr. Simmons: I'm sorry. Chair Suarez: -- a second. I recognize -- Mr. Simmons: I'm sorry, through the Chair. Chair Suarez: -- Commissioner Spence -Jones. Commissioner Spence -Jones: I yield, I yield. Chair Suarez: Okay. Mr. Simmons: What I wanted to say is that the perception from the department is nobody really knows what's taking place with that committee. There needs to be some transparency. At least we'll know who sits on that panel, when do they meet. In the application process (UNINTELLIGIBLE) normally -- the department normally puts out an advertise -- or a memo to say, okay, the scholarship period is open from this date to this date and then people are aware so they can get those applications. That hasn't been done as of to date. I think it's generally from January to March, I believe. Mr. Carswell: The scholarships that will be awarded are for August of this coming year. The committee had the first meeting yesterday to establish the criteria. And upon establishing the criteria, notices, as they were last year, will be provided to the members to encourage them to participate in the program. Mr. Simmons: Well, one of the things I would say is that we need to be well aware who's on this committee. Whoever this person is, which I believe I know who I'm speaking about -- Mr. Carswell: Lamont Kelly. Mr. Simmons: Of course. We were not aware of that up until today. And if you guys are making selections regarding scholarship trust fund that money was collected historically by the operational division of the department. People value that trust fund very importantly and it needs to be some accountability. You know, that's why in certain areas -- let's say particularly in our labor contract, there are certain things in place in order to arrive at, but of course here we don't know who the panel is, who the committee are, when they meet or anything like that. Andl would at least like to see some folks from the operation division -- 'cause there's two divisions, operations and administration. We need to see some folks at least from the labor side of the house participating in that process. Don't have a problem with the director overseeing it City ofMiami Page 48 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 because that just creates another level of vetting, if you will, to make sure everything's complied with. But of course, we don't know who that committee is, you know. During the breakl got a chance to contact a number of people about this particular item and they feel very strongly that it should be basically for the children, not for employees to go and get their CDL. If you want to get a CDL, you go on your own and you find your own resources to get your CDL. But it's mainly for the children of the employees of the department. Chair Suarez: Thank you, Mr. Simmons. Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: Andl think it's really important to put -- for us to understand why the trust was actually created, andl don't know if that's a -- more of a director question. I know you probably have the history, but I think that that's important for all the Commissioners to understand, the birth of the trust and why it was originally created and where it came from. And then the concern that had -- andl've already vetted this out with the City Attorney -- I think the ordinance itself is very confusing because it's like four or five different items in one ordinance. So I really feel like, you know, the average citizen or resident that even attempts to read the agenda will get confused by everything all in one ordinance. So my suggestion is, you know, it needs -- it should have been broken out. And I did say this to the City Attorney, and I thought that they were going to be bringing the revised one, but I'm assuming that if we pass it this go around, then the next time it comes, then you'll separate it out. But just so that we're on the same page, this one particular ordinance includes the educational trust fund, explaining the use of the funds, which I understand, but then it also talks about performance bonds, then it also talks about prorating fees, then it also talks about enforcement against private haulers, then it also talks about the legal process to confiscate, you know, illegal dumpsters. So I just think that we have to start thinking beyond us having this opportunity to kind of sit down with the City Attorney and go, well, what is this really about? Because my original briefing was about the trust fund, so you know I'm always going to support kids and education and -- so -- but then when we start getting into the depth of the item, we started to discover that it was more to that. So my recommendation to you as the director is if we can break down this ordinance so that it include -- so we're not confused or the residents aren't confused. So that was my number one suggestion. Really fast, I mean -- and it may not be obvious to anybody else up here, but it's obvious to me that in the spirit of unity, y'all got to figure out a way to work better. Because it makes no sense for you guys to be representing -- Chair Suarez: It's part of the Believe campaign. Commissioner Spence -Jones: Yes. Believe that, please, you know. And we understand we're not going to always agree with everyone's philosophy and we come from different walks of life and experiences, but the end of the day, you guys represent employees that depend on you and they look at you guys from a leadership standpoint to kind of give them direction. So it just seems to me that this stuff could have been worked out before you both came to the mikes -- andl've talked to the both of you guys about it -- to figure out how to work through it. Because we should not be the referees, 'cause I feel like we're being that -- Commissioner Gort: Right. Commissioner Spence -Jones: -- between the disagreement 'cause both of you guys are right. Not one of you guys are wrong. But there has to be a way to compromise it so everybody wins. So in the spirit of unity and cooperation and us believing in each other, please try to figure out y'all differences so that we can make sure the City employees are benefitting from it. I do have this final question for you, Mr. Director, on the scholarship 'cause you mentioned -- I don't know that -- nothing about the scathing audit, okay, so I -- Mr. Carswell: Okay. City ofMiami Page 49 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Commissioner Spence -Jones: As a matter of fact, this is the first time I'm hearing there was a scathing audit. 'Cause I asked a question in my briefing, well, why did this even come up as an issue, so now I'm guessing -- finding out there was a -- that was the issue and how it came about. But when was the last scholarship given out of the trust fund? Mr. Carswell: Last year. There were two that went before this Commission and were awarded - Commissioner Spence -Jones: Okay, so -- Mr. Carswell: -- last year. Commissioner Spence -Jones: -- I wasn't here during that time. Mr. Carswell: You weren't here during that time. Commissioner Spence -Jones: Before me? Mr. Carswell: Before you -- Commissioner Spence -Jones: I mean, before -- Mr. Carswell: Well, before then -- Commissioner Spence -Jones: -- my vacation. Mr. Carswell: -- unfortunately there were a couple that were awarded and then the majority should have gone to Commission and they never came before the Commission, as required. Commissioner Spence -Jones: Okay, 'cause when you said -- I know I sat up here for four years, Commissioner Sarnoff, right? We were -- I don't ever recall seeing us voting on any scholar -- not in the four years I was here. So you're saying during that four-year period, nobody got the scholarship? Mr. Carswell: And they -- well, I don't -- Commissioner Spence -Jones: No. I'm just saying they didn't -- we never voted on scholarships up here. Mr. Carswell: Right. And people -- correct. Commissioner Spence -Jones: Okay, so what you're -- Mr. Carswell: Scholarships were awarded but not properly. Commissioner Spence -Jones: Okay, right, meaning it didn't come in front of the City Commission to vote. Mr. Carswell: Correct. Commissioner Spence -Jones: So in other words, what you're trying to do is really correct the problem? Mr. Carswell: Yes, Commissioner. City ofMiami Page 50 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Commissioner Spence -Jones: Okay, not a problem. And then -- and -- Mr. Carswell: But what I would ask is that as we go through this, hopefully, we -- you could see it in your wisdom to approve it and let us come back with the certain sections bifurcated. Commissioner Spence -Jones: Yes. Mr. Carswell: Okay. I would also like an opportunity to talk to Mr. Simmons as it relates to the scholarship. I see it as a great benefit, and even if there is another pot of money out there, if his members can participate in something where they don't have to come out of pocket upfront, I think it's a benefit to the membership, but would like to talk to him about that and see if we can kind of get on the same page. Commissioner Spence -Jones: Okay, great. And then in closing, two more questions, then I'll turn it over to my colleagues. I think it's extremely important -- you've already mentioned that we have the selection committee. I commend you on that, and you already told us who the members were. I do like his selection [sic] of having somebody on the operational side because that is the side that's really dealing with the guys on the day to -- guys and gals, I'm sorry, young men and women, I'm sorry, on that on a regular basis. So I really would like to see somebody from the operational side -- Mr. Carswell: Mr. Kelly, who is -- he's a waste equipment operator -- Commissioner Spence -Jones: Okay, so -- Mr. Carswell: -- and he's on the committee. Commissioner Spence -Jones: Do you know Mr. Kelly? Mr. Simmons: We had no say in that. Commissioner Spence -Jones: Okay, all right. So y'all -- Mr. Simmons: That was a handpicked committee. Commissioner Spence -Jones: -- can y'all -- I'm not going to get into y'all argument. Y'all work that out, okay. Mr. Simmons: Okay. Commissioner Gort: He wants to have the option of select the person. Commissioner Spence -Jones: Okay. If you -- are you saying that you'd like for labor to select the person to sit on that committee? Mr. Simmons: Exactly. Commissioner Spence -Jones: I don't think it's a big deal. Mr. Simmons: The big deal is at least -- Commissioner Spence -Jones: No, I mean a big deal for you to recommend someone to sit. Mr. Simmons: -- to have a voice -- City ofMiami Page 51 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Commissioner Spence -Jones: Yes. Mr. Simmons: -- in the selection of the committee. Commissioner Spence -Jones: Right. I don't think that's a big deal. Mr. Simmons: Okay. Commissioner Spence -Jones: So do you have a problem with that, Mr. Director? Mr. Carswell: No, I don't. Commissioner Spence -Jones: Problem solved. All right, so last but not least, I just want to -- the one thing that I think is extremely important in all of this, and I think Commissioner Carollo mentioned it earlier by way of chance and then we've talked about this. I think it's extremely important -- andl was told by the City Attorney that there would not -- there's a way that we could do it under the trust fund itself. If we can identifi, some of the resources, just a very small pot of it, so that that money is constantly replenished by way of the recycling program to kind of have some sort of marketing effort to make sure that, one, people know, you know, that it's important for them to recycle, but also maybe as a part of the campaign, letting them know that when they recycle, they help young people in our -- in all of our districts, you know, by, you know, receiving these scholarships. So I don't think that any -- there's ever been anything put in place to kind of tie in, one, teaching people how to recycle and then not only the benefits they get from it personally but also what the community or the residents or the children get from it as well. So I think that the one thing that I would recommend is that we do identify some marketing out of that fund -- it doesn't have to be big, but something to kind of educate people on recycling and illegal dumping, some portion of that. Mr. Carswell: I would just like to clam. How the fund is established is that once the fund in principle hit a million dollars -- Commissioner Spence -Jones: Right. Mr. Carswell: -- all the interest that's accrued on the million dollars -- Commissioner Spence -Jones: Right. Mr. Carswell: -- is used for scholarships. Commissioner Spence -Jones: Okay. Mr. Carswell: To date, we have about 144,000 -- $145,543 in monies that are available for scholarships. Commissioner Spence -Jones: Okay. Mr. Carswell: Okay. We take our recyclable materials to a company by the name of WSI for processing Commissioner Spence -Jones: Right. Mr. Carswell: They pay us by the tonage. Commissioner Spence -Jones: Okay. City ofMiami Page 52 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Mr. Carswell: Last year they paid us $51, 000. Commissioner Spence -Jones: Okay. Mr. Carswell: That money historically has gone into the general fund Commissioner Spence -Jones: Okay. Mr. Carswell: Now when we move forward with the automated single -stream recycling -- Commissioner Spence -Jones: Okay. Mr. Carswell: -- that will probably triple at a minimum -- Commissioner Spence -Jones: Okay. Mr. Carswell: -- in terms of revenue. Commissioner Spence -Jones: Right. Mr. Carswell: Andl think it will be appropriate to take that revenue which has no impact on the scholarship -- Commissioner Spence -Jones: Right. Mr. Carswell: -- fund to use that as some type of marketing campaign, to work with the schools, to work with the homeowners associations, to work through NET (Neighborhood Enhancement Team) to educate people to encourage them to recycle. Because the more people recycle, the more we save in tipping fees that we pay to the County -- Commissioner Spence -Jones: Right. Mr. Carswell: -- and the more money we make because we're getting paid on the recycling material that we take to someone to handle. Commissioner Spence -Jones: I agree. I just think that -- Mr. Carswell: So we're -- Commissioner Spence -Jones: -- part of it is really making sure people know why it is important to recycle. So you have to have a message -- you know, some sort of message campaign that goes along with it to get people to know what the overall benefit is from it. So, you know, in my understanding, we created the trust fund, correct? Mr. Carswell: The trust fund is for scholarships, but the -- Commissioner Spence -Jones: I know, but -- that's not the question. Mr. Carswell: Okay. Commissioner Spence -Jones: The question is, did we create the language for the trust fund? Mr. Simmons: The City did. Mr. Carswell: The special revenue account probably -- City ofMiami Page 53 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Mr. Simmons: It was created by the City. Commissioner Spence -Jones: I was told in my briefing that we -- Ms. Bru: The trust fund was established by act of the Commission by the ordinance. Mr. Simmons: 1988. Commissioner Spence -Jones: Right. So my -- Chair Suarez: We could change it. Commissioner Spence -Jones: Right. So what I'm saying is because we created the trust fund and it wasn't a mandate from the federal government or anything along that lines -- Commissioner Gort: We can change it. Commissioner Spence -Jones: -- we can make adjustments to it to benefit what we feel is -- maybe -- when did this trust fund start, how many years ago? Mr. Carswell: About 20 years ago. Mr. Simmons: It was late '80s, right. Commissioner Spence -Jones: Okay. I think we're in a very different time 20 years later. Mr. Simmons: Right. Commissioner Spence -Jones: So I think that we definitely need to look at the legislation around the trust fund to see what we may need to tweak 'cause honestly, I think there need to be -- there needs to be, you know, something set aside especially to kind of deal with, one, teaching people how to recycle, okay, and why it's important, but also if there's any way we can use that as an opportunity to kind of also highlight this illegal dumping stuff 'cause maybe that's tied in a way to -- you know, instead of you know, you dumping it, you know, some place where you're not going to get any value for it, we figure -- so I just -- but that's y'all job. I'm not trying to run Solid Waste. But l just think that if we created the trust fund and the ordinance for the trust fund, I think that we as Commissioners can make adjustments to that, so we're not locked into how all the money needs to be broken out, correct? Mr. Carswell: Correct. Commissioner Spence -Jones: Okay. Chair Suarez: Commissioner Gort. Commissioner Gort: Let me ask a question, and I'm going to have to blame Commissioner Sarnofffor this one. My understanding is in order for us to get ahead, I think kids and education is very important, butl also believe that our employees need to be educated, refrained andl think we need to do that. 'Cause let's face it, the industry -- I don't know how much changes take place in your industry -- Mr. Simmons: Yes. Commissioner Gort: -- but a lot of industries, a lot of changes are taking place and people need City ofMiami Page 54 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 to be training so they can be up to the changes. So I do believe we have to give scholarships to the kids and it's very important, but also we have to train our employees. Mr. Simmons: I know years ago -- Commissioner Gort: So I want you to -- Mr. Simmons: Sorry about that. I'm a recipient of the CDL training by the City. The City at one time had a third -party tester in-house. We had three of them citywide. But for whatever reason, the City discontinued that program. A number of employees -- we have the departmental training program in order to, you know, do the skill test portion of the CDL test, but you have to first pass the general knowledge and air brakes. And our equipment, you require a CDL with a Class B with air brake endorsement. Commissioner Gort: Okay. Chair Suarez: Commissioner Carollo. Commissioner Carollo: Real quick, and just touching upon the marketing for the recycling, something that I spoke to Mr. Carswell about earlier -- well, I guess it wasn't earlier this year. It was, I guess, late last year -- is an issue thatl was facing in District 3. And like I said, I addressed it with you. It's gotten a lot better. But on avenues, you know there's a lot less houses than on streets. We started noticing -- and we started noticing because we started getting complaints from residents that the recycling wasn't being picked up on the avenues. And what we started seeing was a domino effect where they just got frustrated and stopped putting it out on the avenues. So what happened is less people were recycling. And spoke to a few of them and part of the Believe campaign -- before we even called it a Believe campaign -- I told them, hey, you know, you got to believe in recycling and so forth. And they say, yeah, but I put it out and they don't pick it up. And I'll go a step further, my parents that live over there, they just frankly don't put it out anymore. So that's something that, like I said, we've addressed. It still is a problem, but it's gotten better. But that's something that we got to make sure that even on the avenues, even though -- I understand, you know, you're talking three, four or five houses or in a block, two houses or three houses and it's easy not just to go by or go by and keep going until the next street where you get -- we got to really make an emphasis that the avenues are also important because it's a domino effect. And all these neighbors speak with each other and so forth. Andl don't want it to, you know, have a -- some type of feeling that, hey, listen, we're wasting our time. If we put it out there, it won't be picked up. Thank you. Chair Suarez: Mr. Simmons -- Mr. Simmons: Point well taken. Chair Suarez: -- I'm going to give you the last word -- Mr. Simmons: Yes, sir. Chair Suarez: -- and then if there's no other member of the public who wishes to speak on this item, I'm going to close the public hearing so. Mr. Simmons: Yes. Commissioner Carollo, I agree with you a hundred percent. And usually every -- usually biweekly, Thursday, the pay week, we generally have a meeting at roll call with our members before they go out and hit the street. And these are some of the things that we bring to their attention, be more cognizant of their responsibility in working for the taxpayers, you know, everything's being looked at. So we encourage people to do what they're supposed to do. Of course, if you're not around to -- and of course people do things that they shouldn't do City ofMiami Page 55 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 and then we have that effect. Our guys are committed to keeping the streets clean, trash, garbage, recycling, whatever it is, and it's our responsibility -- and all of us work for the citizens and we just don't -- you got to keep mindful of that. Andl wanted to clarify I think -- you know, what Commissioner said earlier about -- you know, there are times, you know, me and Mr. Carswell work together. Maybe it could be my voice. You know, I got a heavy voice that carries and -- Commissioner Gort: Step away from the mike a little bit. Mr. Simmons: Yeah. I have a heavy voice that carries and you may see this little bone across my forehead I do a lot of thinking and reading. So, you know, it's never -- no point unintended, but a lot times, you know -- I know when -- we work together more than we were before because a lot -- every director that comes through have their own idea and their own vision of how they believe the department -- and you know, we have to at least kind of balance out, you know, the historicals and our vision as well, what we think for the department. 'Cause at the end of the day, we work for the citizens, you know. When a certain day of the week comes and some of them wants they garbage picked up, they don't want to hear about, you know, I had a breakdown or you guys have a disagreement. They want they stuff picked up period. And that's how we do it, you know, personalities aside and all that. We're working for the taxpayers here. Thankyou. Chair Suarez: Thankyou, Mr. Simmons. Commissioner Spence -Jones: I agree. Chair Suarez: Is there anyone else from the public that would like to speak on this item, FR.3? Hearing none and seeing none, the public hearing is closed; coming back to the Commission for action. Commissioner Spence -Jones: Mr. Chairman, I think that the director said he's going to make the -- I guess, you know, pull all of this stuff out to -- Mr. Carswell: I would respectfully ask that you approve it on first reading and when it comes back for second reading, we will bifurcate or separate the issues to make it a little clearer. Chair Suarez: Madam Clerk, is that okay? Are you okay with that? Ms. Thompson: Yes. That's fine. Chair Suarez: Okay, thank you. Is there a motion? Commissioner Spence -Jones: So moved. Chair Suarez: Moved by -- Commissioner Gort: Second. Chair Suarez: -- Commissioner Spence -Jones, second by Commissioner Sarnoff. It is an ordinance. Yes. Ms. Bru: We just want to clam that when we bring this back for second reading, as the director has indicated, we'll bring three pieces of legislation so that we clearly separate the items that are being voted on. But also, is it the -- also the direction that we also amend the ordinance to provide that some of that interest that gets generated out of the principal, that $1 million principal be utilized for marketing, 'cause then we would have to amend the ordinance to also allow for that. City ofMiami Page 56 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Mr. Carswell: I would -- Ms. Bru: Is that what the direction is? Commissioner Gort: That was the direction. Mr. Carswell: Okay. My -- Vice Chair Sarnoff. That's not a good idea. Mr. Carswell: -- I would just ask that -- there's revenue that's generated. I wouldn't ask that we touch the interest because the interest is already set aside for the scholarships. The revenue that's generated, I would respectfully ask that be used for the program. Commissioner Gort: It was a different revenue. There was two different -- Mr. Carswell: There's a different -- Commissioner Gort: -- source of revenue. Mr. Carswell: -- there are two revenue sources. Ms. Bru: I understand that that's -- Commissioner Carollo: Right, but -- Ms. Bru: -- what the director suggested, butt heard something else. Commissioner Spence -Jones: Yeah. What I'm saying is, you guy -- we're going to bring it back, but as -- over the next couple of weeks before it comes back to us, just look at the overall ordinance of the trust. Mr. Carswell: Okay. Commissioner Spence -Jones: Because what happened, you know, 20 years ago may need to be revised. Mr. Carswell: Okay. Luis Cabrera (Acting Chief of Operations/Assistant City Manager): Mr. Chairman. Chair Suarez: Yes, City Manager. You're recognized for the record and then City Clerk. Mr. Cabrera: Commissioner, we'll also work with the director to ensure that we work with the union and not adding one, but two union representatives to ensure that we bridge that gap and there isn't -- there's harmony and there's a voice. And -- we'll work on looking at other cities, what have they done to market and improve their recycling and get the message across to the residents. So we will look at that as part of our initiative. Chair Suarez: Madame Clerk. Ms. Thompson: Now that we've mentioned creating three ordinances, now I do have a question with reference to this first reading ordinance. It -- and l just need clarification because I'm trying to understand how or what part of this ordinance would be approved on second reading if City ofMiami Page 57 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 you're going to take that apart and have three separate ordinances. Chair Suarez: I think the way it's going to work -- and correct me if I'm wrong, Madam City Attorney -- is all this language is going to be approved on first reading so it'll be separated into three separate ordinances with the same language which has been approved on first reading because the entire language, in its totality, has been approved, and then it will be considered on second reading in separate parts. Commissioner Spence -Jones: But he's saying -- she's saying you probably can't do that. Commissioner Gort: You can't do -- Chair Suarez: Yeah, I don't think you -- I mean, that's why I asked you from the beginning. Ms. Thompson: No. Because what I heard the first time was the bifurcation of this ordinance, so I'm thinking sections -- Chair Suarez: Right. Ms. Thompson: -- with one ordinance. Commissioner Spence -Jones: Yeah. Ms. Thompson: Now I'm hearing something completely different Chair Suarez: Let's just defer. Ms. Thompson: You're having three different -- Chair Spence -Jones: Probably have to bring them all back separately. Ms. Thompson: -- pieces of legislation which basically is being created by this ordinance, but this ordinance -- what would be this ordinance on second reading as it is now? Chair Suarez: Okay. Is there a motion to defer this so that it can be properly split up into three parts? Mr. Carswell: I would, with your indulgence, ask that we -- you defer this item. We'll bring it back -- Commissioner Spence -Jones: Okay. Mr. Carswell: -- and we'll work with the Law Department. Commissioner Spence -Jones: So do -- what do we need to do? Chair Suarez: Is there --? Well, withdraw the motion and the second and then make a new motion. Commissioner Spence -Jones: Okay. Chair Suarez: Motion has been withdrawn. Ms. Thompson: Before you -- City ofMiami Page 58 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Chair Suarez: Second has been withdrawn. Ms. Thompson: Yes. Then ask the question -- I'm sorry. Vice Chair, were you speaking? Chair Suarez: Do you want to withdraw the item and then bring it back as three separate items? Ms. Thompson: Exactly. I think that's the cleanest thing to do. This -- Chair Suarez: Is there a motion for withdrawal of the item? Commissioner Carollo: So moved. Chair Suarez: Moved by Commissioner Carollo. Is there a second? Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. It is -- I guess it's not an ordinance since it's a motion for withdraw so -- Ms. Thompson: Correct. Chair Suarez: All those in favor, signifi, by saying "aye." The Commission (Collectively): Aye. Commissioner Spence -Jones: I think the Vice Chair looks confused over there. Vice Chair Sarnoff. Yeah. I've never seen this procedural -- procedurally done this way. Is that -- was that a correct way of doing it? Commissioner Carollo: Yeah. Ms. Thompson: Yes, because -- Chair Suarez: I've been brushing up on Mason's, man. Vice Chair Sarnoff. I want to get on the same speed as you. Ms. Thompson: I would not do a "no action taken" because it was discussed. Vice Chair Sarnoff. Okay. Ms. Thompson: Okay. It would appear from your discussion that you all have determined that we need to withdraw this and create something entirely new. Commissioner Carollo: Exactly. Commissioner Gort: Correct. Chair Suarez: Thank you, Madam Clerk, for the clarification. FR.4 ORDINANCE First Reading 11-00765 Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Planning 2, ENTITLED "ADMINISTRATION," AND CHAPTER 62, ENTITLED "ZONING City ofMiami Page 59 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 RE.1 11-01188 AND PLANNING," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE PARTICULARLY BY DELETING LANGUAGE IN CHAPTER 2 AND ADDING AND UPDATING LANGUAGE IN CHAPTER 62, WHICH LANGUAGE RELATES TO FEES AND PROCEDURAL CHANGES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00765 Summary Form FR/SR.pdf 11-00765 Legislation FR (Version 2).pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the record: Item FR.4 was deferred to the Commission Meeting scheduled for January 26, 2012. Chair Suarez: FR.4. Francisco Garcia: Mr. Chairman, ladies and gentlemen of the City Commission, Francisco Garcia, Planning and Zoning director. We are respectfully requesting that item FR.4 be deferred, if at all possible. We are prepared to present; however, as a result of the briefings that we conducted, we've identified some additional opportunities for this ordinance and we would like to perfect it and bring it back to you at the next meeting, if you so choose. Chair Suarez: Thankyou, Mr. Garcia. Is there a motion? Commissioner Carollo: So move for -- Commissioner Gort: Move it. Commissioner Carollo: -- deferral to what -- Mr. Garcia: Next available meetingl believe is January 26. Commissioner Carollo: To the January 26 meeting. Chair Suarez: There's been a motion by Commissioner Carollo, second by Commissioner Spence -Jones. All in favor, signift by saying "aye." The Commission (Collectively): Aye. Mr. Garcia: Thankyou. Chair Suarez: Passes unanimously. END OF FIRST READING ORDINANCES RESOLUTIONS RESOLUTION Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL Program SERVICES AGREEMENTS ("AGREEMENTS") WITH A&P CONSULTING City ofMiami Page 60 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 TRANSPORTATION ENGINEERS, CORP., ADA ENGINEERING, INC., AND THE CORRADINO GROUP, INC., FOR THE PROVISION OF CONSTRUCTION ENGINEERING AND INSPECTION SERVICES, IN AN AMOUNT NOT TO EXCEED $500,000, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT FOR EACH FIRM FROM $500,000, TO AN AMOUNT NOT TO EXCEED $1,000,000; ALLOCATING FUNDS FOR SAID INCREASE FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECTS, ON AN AS NEEDED BASIS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENTS WITH EACH FIRM, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSES. 11-01188 Summary Form.pdf 11-01188 PSA - A&P Consulting Transportation.pdf 11-01188 PSA - A.D.A Engineering.pdf 11-01188 PSA - The Corradino Group.pdf 11-01188 Legislation.pdf 11-01188 Exhibit 1.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-12-0009 Direction by Commissioner Gort to the Administration to bring back before the City Commission a detailed report regarding the professional services agreements for construction engineering and inspection services, to include the number of jobs completed, job type, and final cost to the City. Chair Suarez: RE.1. Albert Sosa: Good afternoon. Albert Sosa, director of Capital Improvements. RE.1 is a resolution to approve an amendment to our existing professional services agreement with our construction engineering firms. These are three firms that were previously selected based on their qualifications, and their current contract runs through May 2013. Their existing capacity under that contract has been exhausted by -- in support of our program, our capital program working on various projects throughout the City, Durham Terrace, North Spring Garden greenway, northwest storm sewers, US 1 pink wall, just to name a few. And we have what we feel is a robust capital plan this year that we need the additional capacity in order to continue their support in our construction inspection activities. Chair Suarez: Thankyou, Mr. Sosa. Coming back to this Commission, is there a motion or --? Moved by Commissioner Sar -- Vice Chairman Sarnoff. Is there a second? Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. Any discussion? Commissioner Carollo: Mr. Chairman. Chair Suarez: Commissioner Carollo, you're recognized for the record. Commissioner Carollo: Thankyou, Mr. Chairman. Mr. Sosa, always looking at the accountability, how can I make sure -- I mean, we're increasing it by half a million dollars and City ofMiami Page 61 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 this is up 'til May or July or somewhere in 2013, so it's well over a year. How can I assure myself that the prices that they're giving us are fair and, you know, fair market or at least good prices and so forth? I know they have maybe an established rate per hour but how -- you know, let's say we want to do this project. How do I know that they're not, you know, overcharging us or not? I mean -- Mr. Sosa: The -- based on what's known as CCNA, Competitive Consultant Negotiations Act in the state of Florida, these are qualifications -based selections. They're not selected based on price. When we negotiate with these firms initially to set up their contracts, their contract rates are based on audited financial records of their overhead rates as well as the actual pay rates that they have for their individuals. When we negotiate with them, we compare that to -- I'll call them prevailing wages within the industry or comparables to other firms within the industry offering these types of services, and we also look at their overhead rates and apply a multiplier based on that. Commissioner Carollo: And who does that work? 'Cause, you know -- and I'm concerned -- and I've mentioned it quite a bit here that I think what we're over paying on a lot of these projects -- andl understand what you're saying, that it's based on their qualifications or -- but can't they just charge us whatever they want? And who's actually doing the computation to see if it is fair market as compared to whatever --? I don't know what index you're using in the industry. Mr. Sosa: We rely on a couple of things. The main thing that we rely on is -- all of these firms that -- in this case, all these firms that we're doing business with in this case, they all do business with the Florida Department of Transportation, which is a large client in this arena within the state of Florida. In order to do business with the Florida Department of Transportation, they have to file audited financial statements and those get reviewed and accepted at the state level by a group of auditors. That letter is known as a Lorraine Odom letter, and that establishes -- or it doesn't establish -- it audits and certifies, for lack of a better term, the overhead rate of that firm. The actual pay, how they pay their people, what we ask for are certified payrolls and we review those. I compare those or my staff compares those to the average hourly rate for, for example, an engineer, to give you an example. We have documentation of statewide what an engineer gets paid on average and we use those averages to negotiate with these firms. Commissioner Carollo: So what does an engineer get paid on average then? Do you know? Mr. Sosa: Yeah. Commissioner Carollo: I'm sorry. You may not know. I -- Mr. Sosa: No. I -- Commissioner Carollo: I'm just -- because when you're telling me audited financial statements, all I'm thinking, audited financial statements, you put how much you charge. I mean, you put your revenues. In other words, we made "X" amount in gross revenues, let's say, you know, but you don't put and we charged this person "X" amount and we're charging, you know, this municipality $50 an hour and this municipality $20 an hour. I don't think -- so when you say we audit that, I don't see how you could tell. Mr. Sosa: The audited financial statements establish the overhead of the firm, their cost per unit of labor as a firm. That is an overhead rate that's used to establish a multiplier on the raw labor. The raw labor, what we use is a catalog of average engineering, architectural, et cetera, rates -- Commissioner Carollo: Based on? City ofMiami Page 62 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Mr. Sosa: -- in the state of Florida. Commissioner Carollo: I'm sorry, based on? Mr. Sosa: Okay. Again, the Florida Department of Transportation samples all of the engineering firms, which are in the thousands, that do business with them and creates a catalog that gets updated on a bimonthly basis of the average rate that's being paid to engineers, for example, or an architect, based on their level of experience. So somebody who has graduated but is not yet professionally registered, the average rate for that would be in the low $30 an hour, $32 an hour, which would be about 65 -- $68, 000 a year. Somebody who's graduated and has a professional license but only has, say, six years of experience, they're in the 80 to $90, 000 a year range. It can go on up to somebody who's an experienced engineer and a specialty with 25 years of experience could be up to 125, $150,000 a year. Commissioner Carollo: Okay. And when -- let's say we're doing this project and we hire these firms -- and by the way, it has nothing to do with any of these firms. I don't care what firm it is. It's the issue in hand. So let's say we're doing a project and we need an engineering firm and we hire one of these firms. Someone from the CIP (Capital Improvements Program) Department then see how much they're charging us and actually see, okay, they're doing this type of work and they're using this individual and this individual, which is -- has "X "number years of experience and so forth, and then you compare it to the average -- Mr. Sosa: Absolutely. Commissioner Carollo: -- and you do that for the jobs? Mr. Sosa: Absolutely. And depending on -- for example, if it's routine work, which is not very specialized, we ask for folks that have less experience and are not as expensive. When we run into specialty type work, we ask for individuals that have more experience and have a specialty in that area so we pay a little more. It just varies on the type of work that we're doing in that specific instance. Chair Suarez: Thank you, Mr. Sosa. You have any further questions? Commissioner Carollo: Yeah. Andl apologize to my colleagues that I'm asking these questions, but it's something that I'm really going to look into more. And the bottom line is, we're approving half a million dollars right now so it's, you know, something that I want to look at because, yeah, okay, you may say it's not general fund, but guess what, we pay the interest on all these bond dollars and so forth. So -- and it's -- Chair Suarez: For each firm, half a million dollars. Commissioner Carollo: -- and it is money from -- you know. Thank you. Chair Suarez: Commissioner Gort, you're recognized. Commissioner Gort: When we got together, I requested to give me the information, the jobs that have been done up to now and what were they because I think it's very important that people understand how we utilizing the funds, what kind of project. At the same time, I don't know much about the engineer industry, but I know when the -- in the mechanics within the dealers, they have a book andl think we had a software that we used that we paid quite a bit, it tells us what should be paid according to the type of job that we going to do. Mr. Sosa: That is correct. We use a standardized -- similar to a mechanic, for example, per mile of roadway, or per block, for example. We break it out for how many hours for engineering, how City ofMiami Page 63 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 many hours for design, construction layout, et cetera, and based on those averages that we've developed over the years, that's how we arrive at the actual hours of effort involved with that specific work. Commissioner Gort: Well, I'd like to get that information about all the work that's been done up to now -- Mr. Sosa: Okay. Commissioner Gort: -- how much we have paid and what were the contracts and forward to all of us, please. Mr. Sosa: Very well. Commissioner Gort: Thank you. Mr. Sosa: We'll do that. Chair Suarez: Thankyou, Commissioner. Any further discussion from Commissioners? I'd just like to say to wrap it up, I was as startled as you, Commissioner Carollo, to learn last year that there's a state statute that apparently says that we cannot bid out on this work on the basis of price, which I find -- to be honest with you, I find it absurd. However, you know, we have to follow the law. And one of the questions that I have is, are we doing post construction audits in terms of -- because one thing that maybe you can't bid on the per hour rate, but you know, there's been a -- some law firms that have been accused of overbilling, you know, and kind of exaggerating the time that it takes to do certain things. So I don't know if there's any kind of control in place for that. Mr. Sosa: We do. We have project managers assigned to these projects that monitor the work efforts that these firms put in. And we, on a monthly basis actually, review their work effort to make sure that it's complying and makes sense with the work product that's being delivered and we do physically vernj, that work effort. Absolutely. Chair Suarez: Thankyou. Any further questions? Is there a motion on this item? Did anyone move it? Who moved it? Ms. Thompson: It was moved by Vice Chair Sarnoff, seconded by Commissioner Michelle Spence -Jones. Chair Suarez: Does the Vice Chair have to be here for the vote? Commissioner Carollo: No. Chair Suarez: Even though he was the mover, okay. All those in favor, signify by saying "aye. " The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. RE.2 RESOLUTION 11-01189 Department of Capital Improvements Program A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") WITH City ofMiami Page 64 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 LIMOUSINES OF SOUTH FLORIDA, INC., IN SUBSTANTIALLY THE ATTACHED FORM, TO PROVIDE MUNICIPAL TROLLEY OPERATIONS SERVICES FOR THE CITY OF MIAMI PER THE COMPENSATION SCHEDULE SET FORTH IN ARTICLE V OF THE AGREEMENT; ALLOCATING FUNDS FROM THE CITY OF MIAMI'S SHARE OF THE TRANSIT SURTAX FOR SAID PURPOSE. 11-01189 Summary Form.pdf 11-01189 Pre-Legislation.pdf 11-01189 Bid Security List.pdf 11-01189 Memo - Recommendation of Evaluation.pdf 11-01189 Pre -Legislation #2.pdf 11-01189 Legislation.pdf 11-01189 Exhibit SUB.pdf 11-01189-Submittal-Substitution for Item RE.2.pdf OBSOLETE Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0010 Chair Suarez: RE.2. Albert Sosa: Albert Sosa, director of Capital Improvements. RE.2 is authorizing -- it's a resolution authorizing the City Manager to execute a professional services agreement with Limousines of South Florida for the operations and maintenance of our trolley service. Before I start this item, I'd like to pass out a small floor amendment. The floor amendment before you basically modifies the definition of "notice to proceed." It's highlighted on the form. The definition of "notice to proceed" has added language now which says "notwithstanding any provision to the contrary, a notice to proceed for in-service operations will not be issued until an interlocal agreement for the provision of public transportation services has been executed by the City and the County." For the record, the City has executed this interlocal agreement. It is currently with the County for consideration and we expect to have it executed in February. Chair Suarez: Thankyou, Mr. Sosa. Mr. Sosa: This contract was previously authorized by the City Commission to negotiate in July 28 of this -- excuse me, of the previous year of 2011. Basically at that point, Limousines of South Florida was recognized as the most -- the highest ranked proposer and authorized us to negotiate. Now we're coming back with this contract that we've negotiated. It's for five base years and has additional one-year options subsequent to that. And like I said previously, it's for the operation and maintenance of our trolleys. Chair Suarez: Thankyou, Mr. Sosa. It's not a public hearing, but I'm going to allow Mr. Hatten to come up and say something for two minutes. Anthony Hatten: Thank you. Anthony Hatten, Local 1907 union president. My question is, we got the garage that can handle the trolleys andl don't see why you have to go out to bid for it. If you got -- you know, because we got more than adequate, not to mention the trolleys are brand-new. They will -- they're brand -- when they're brand-new, they'll last longer. You just have to do maintenance. So it'll be cheaper for us to do it and to go ahead and hire a couple of more mechanics that can handle the trolleys for their selves, you know. When you have brand-new vehicles, that's all you need is just change the oil, check the tires and, you know, City ofMiami Page 65 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 wash or whatever you need. But the GSA (General Services Administration) garage can handle it. Chair Suarez: Thank you, Mr. Hatten. Commissioner Spence -Jones: Mr. Chairman. Chair Suarez: Yes, Commissioner. Commissioner Spence -Jones: That was one of the question -- you know, my biggest issue was jobs, you know. I know that we have an issue with trying to make sure that not only our current employees continue to have work but making sure any new employees we have -- andl understand that we're addressing the job situation in the new ordinance, correct, Albert? Mr. Sosa: That's correct. Commissioner Spence -Jones: So -- Mr. Sosa: The vendor in this case, Limousines of South Florida -- Commissioner Spence -Jones: Are they here? Mr. Sosa: Yes, they are. Commissioner Spence -Jones: Where are they? Mr. Sosa: Mr. Levitt is -- Commissioner Spence -Jones: We want to see you. Mr. Sosa: They are setting up or currently have set up a location to operate at, which is at the border of the City. It's on 37th Avenue and the river. They hire local folks to do the work, to drive the -- operate the trolleys, as well as do the maintenance on them. And you know, we've -- we'll insert into the contract the language regarding local work force participation in the amount of 20 percent. I think that's a floor amendment that we had discussed. And they're -- I spoke to the vendor on that and they're completely on board with it. Commissioner Spence -Jones: Okay. So, Albert, let me ask you something and the owner of the company 'cause I think what he's mentioning could be -- Mr. Hatten: We could do it cheaper. There's no way they can -- we can't -- you know, we cannot (UNINTELLIGIBLE) this. Commissioner Spence -Jones: Okay. A viable option, is there --? 'Cause I'm assuming you have to still rent space, correct? Or no, you don't? Mark Levitt: Well, we already have the space, yes. Commissioner Spence -Jones: But did you have to rent it? Mr. Levitt: Yes. Commissioner Gort: Name and address, please. Commissioner Spence -Jones: Okay, put your name -- I'm sorry. Name and address. City ofMiami Page 66 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Chair Suarez: Yeah, can you please put your name and address on the record. Mr. Levitt: Mark Levitt, Limousines of South Florida. We -- Commissioner Spence -Jones: Address. Your address. Mr. Levitt: Oh, 3611 Northwest South River Drive. Commissioner Spence -Jones: Okay. Mr. Levitt: We have a location there. We operated the Miami Airport Rental Car facility until they put the trains in out of the same location so we've been there for -- Commissioner Spence -Jones: Oh, okay. Mr. Levitt: -- about three years. Commissioner Spence -Jones: So you're already in the city. Mr. Levitt: We're already there. I disagree with this gentleman as far as he can do it cheaper, and the reason why is because most of the cities in South Florida have privatized their transit. The reason why they've privatized it is number one that we do a good job, but secondly, that we can do it cheaper than City can do it. Currently, we operate trolleys for the city of Homestead, city ofDoral, city of Hollywood, city of Fort Lauderdale. We operate minibus service or shuttle bus service in Dade County for Bay Harbor, Bal Harbour, Surfside, Aventura, North Miami, Miami Shores, Miami Lakes, Miami Springs, and Opa-Locka. Commissioner Spence -Jones: Okay. Mr. Levitt: So -- and that's just in Dade County. So I believe we can do it cheaper. Commissioner Spence -Jones: Okay. Chair Suarez: Thank you, sir. Commissioner Spence -Jones: I'm glad you're in the City ofMiami. That's great. Mr. Levitt: Thank you. Commissioner Spence -Jones: But I don't -- I want to just make sure you're -- if you have any -- Mr. Hatten: No. Well, basically, when they're brand-new, you have warranty on the buses, okay, and there's less -- you know, just mostly just, you know -- Commissioner Carollo: Just for clarification. When you say we could do it cheaper, are you saying the maintenance or the whole operation? Mr. Hatten: I'm saying just the maintenance, as far as the -- Commissioner Carollo: Just the maintenance. Commissioner Spence -Jones: The maintenance. Mr. Hatten: -- you know, the tires -- City ofMiami Page 67 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Commissioner Carollo: Right. Commissioner Gort: This is maintenance and operation. Mr. Hatten: Right. Commissioner Carollo: Right. Mr. Hatten: I'm not saying -- Commissioner Carollo: This is -- Commissioner Gort: What's in here. Commissioner Carollo: -- maintenance and operation. Mr. Hatten: Yes. Commissioner Carollo: So you're saying you could do the maintenance. Mr. Hatten: The maintenance as far as changing the oil and there's -- Chair Suarez: You're not going to take on the operation. Mr. Hatten: No, no. No, no. I'm sorry. Commissioner Carollo: Right, right. I just want -- Chair Suarez: A whole 'nother ballgame. Mr. Hatten: No. I'm just saying the maintenance alone, we could handle it at the GSA garage, and right now they're being stored at the GSA garage, the trolleys. Commissioner Spence -Jones: I mean, is there --? Is --? Commissioner Carollo: Is that an issue? Commissioner Spence -Jones: Okay, I guess the biggest question, Mr. Chairman, is there an additional cost for us to do that or you already -- Mr. Hatten: Huh? Commissioner Spence -Jones: -- have the manpower handling it? Mr. Hatten: Huh? Commissioner Spence -Jones: Is that what you're saying? Mr. Hatten: Right now, like I said, they're brand-new. We can start hiring manpower if we need it. But you can talk to the GSA director and let him, you know, key in on this. Commissioner Spence -Jones: That's why I'm trying to make sure we're -- Mr. Hatten: That when they're brand-new, you just, you know, change the oil and stuff like that. City ofMiami Page 68 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Ricardo Falero (Director): Rick Falero, GSA. The situation right now with the trolleys -- there's only about five or six there. I don't think we'll be able to hold in a continuous basis 12 trolleys and where to park them. Most of our lot is composed of G -- of the Solid Waste trucks. And when we were looking at just to have them -- well, they were to be moved on, we had a situation where to park them. We had to use the area where we keep most of the cars going to the body shop, and we made a special clearing area because they would be coming in and we would have to put the fuel collars and the things that we needed to do in order to proceed with them. As far as the maintenance, I know -- I wasn't involved in the original discussions, but I know that the situation was that because of the demand of the Solid Waste and the demand of the other vehicles that we have trash trucks and that, it's very difficult for us to be able to maintain those vehicles and the spacing where to park them at the time. So that was what they concur when they were coming up with this. Commissioner Spence -Jones: Okay. Chair Suarez: Thankyou, director. Mr. Falero: All right. Chair Suarez: Any further questions from any members of the Commission? Commissioner Carollo: Yeah. I'm a little confused because I'm seeing here in 4.5, the City shall furnish and install fuel collars on its trolleys at the City's cost. So it seems here that we're doing some of the maintenance anyways or at least we're going to have to pay out separately some of this maintenance anyways so. Mr. Sosa: If I may. Chair Suarez: Mr. Sosa, yes, you're recognized. Mr. Sosa: The actual fuel cost, we are providing the fuel for these vehicles. Commissioner Carollo: And fuel collars, which I guess is some type of maintenance -- Mr. Sosa: The fuel collar is to meter the fuel so we can keep track of how much fuel is going into each vehicle. Commissioner Carollo: Right. Mr. Sosa: It's just a piece of hardware that goes right over the -- Commissioner Carollo: Gotcha. Mr. Sosa: Right. It's not a maintenance item. It's a one-time initial cost. Commissioner Carollo: Got it. Chair Suarez: Thankyou. Any further questions? Is there a motion? Vice Chair Sarnoff. So moved. Commissioner Spence -Jones: Second. Chair Suarez: Moved by Vice Chairman Sarnoff, second -- City ofMiami Page 69 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Commissioner Spence -Jones: Second with amendments, and the amendments include -- Chair Suarez: Good point, good point. Mr. Sosa: The 20 percent -- Commissioner Spence -Jones: -- 20 percent of the labor force comes from the City ofMiami, 20 percent of the vendors come from the City ofMiami, and that is any maintenance -- I mean, any supplies, any of those kind of things -- Mr. Sosa: Sure. Commissioner Spence -Jones: -- we really want them to make concerted effort to support local businesses and local people to go to work. So there should not be any reason why we can't get individuals to wash these trolleys, to maintain these trolleys. I'm just hoping that that's going to be a big push. Mr. Sosa: We're 100 percent committed to that and -- Mr. Hatten: Can I say one more thing? Commissioner Spence -Jones: Sure. Mr. Hatten: Okay. The Orange Bowl warehouses that the City owns now -- Commissioner Spence -Jones: Yes. Mr. Hatten: -- they got huge 16-foot wide doors. I don't see why not that we can't -- you know, if you need to store them somewhere. Commissioner Spence -Jones: Yeah. Mr. Hatten: Plus, we got a vacant Metro -Dade building right across the street on 12th Avenue in the river. Commissioner Spence -Jones: Right. Mr. Hatten: A Metro -Dade -- used to be maintenance and right now they got it all closed down. Commissioner Spence -Jones: Right. I -- Mr. Chairman -- andl know -- Chair Suarez: Yes. Commissioner Spence -Jones: -- we've already voted on the item, and l just want -- Chair Suarez: No, we haven't voted yet. Commissioner Spence -Jones: -- to respect the City employee because his job is to make sure that he supports the employees. Is your question more about trying to hire more people that can maybe be a part of this organization? Mr. Hatten: I'd like to have a chance to do it. I haven't talked to Ricardo about how many guys he would need. Like I said, when they're brand-new, the maintenance is cheap, just changing oil, you know, tires, and what have you; plus, the warranty's there on the trolleys too. Right now City ofMiami Page 70 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 the cheapest way to get us geared up, we can handle it. I think, you know, with the proper -- you know, I need to refer to Ricardo, okay. Commissioner Carollo: Question. Chair Suarez: Whoa, whoa, whoa, whoa, whoa. Commissioner Spence -Jones: Who's Ricardo? Chair Suarez: Hey, whoa, whoa, whoa, whoa, whoa. Everybody take a step back. Okay, I'm going to recognize the director of GSA, then Commissioner Gort, and then Commissioner Carollo. You're recognized, sir. Mr. Falero: I believe the total is going to end up being 28 trolleys. Vice Chair Sarnoff Yeah, exactly. Mr. Falero: I think it starts with 12 or 14? Mr. Sosa: We started with -- we start with 12 and we go to 28 within a year. Vice Chair Sarnoff Right. Mr. Falero: Exactly, we go to 28. From whatl remember of the discussions -- and again, I was not involved in the original discussions of this -- they did a cost search of which would be the most efficient way of doing this, including where to park those trucks and the -- being able to keep them in a safe area that they would not be vandalized and at the same time be readily available for the use because the drivers would then have to come in, pick up the trolleys, and then go out again. So use -- this is how this was based in order why they decided to go with the maintenance and the driving altogether. It was not going to be cheaper for us to do it. Chair Suarez: Thank you. Commissioner Gort. Commissioner Gort: My question is -- andl understand your point andl want to make sure that employees keep their job. A matter of fact, there's something coming afterwards that I'm going to discuss on it. But my question is, I go through there all the time andl see at least 50 to 100 cars all time there at your shop. Mr. Sosa: That's right. Commissioner Gort: And it takes -- my understanding, a lot of the complaints I get it takes a lot of time to get those cars out of the shop. Mr. Sosa: Are we talking about the general fleet or are we talking about --? Commissioner Gort: The general fleet, everything you have there. Mr. Sosa: The -- our main effort is really on police cars, and we have return ratio -- we do approximately 70 percent of them on a one -day basis. The rest of the vehicles we do separate it. And the way the line is set is to emphasize and make sure that the police vehicles which are the most needed are readily available, and we put them out as soon as we possibly can, unless they have some major work done to them. Commissioner Gort: Because my question is -- my understanding, he's talking about bringing additional employees, because I don't know if you're with that present employees that you have City ofMiami Page 71 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 today, you can maintain -- do the maintenance for those trolley. That's the question. Mr. Sosa: My -- Commissioner Gort: And if we have to bring additional individuals, what is the cost? Mr. Sosa: Right now we need additional individuals just to maintain the heavy fleet as it is right now, and that's something that right now we're in the effort of doing because we have quite a few of the current employees that are ready to retire this year. So we are really right now going just to maintain our current number of employees to keep with the fleet as we have right now. So we would also have a problem with space as far as how many bays would be available in order for us to be able to do this type of work. Commissioner Gort: Okay, thank you. Commissioner Carollo: Mr. Chairman. Chair Suarez: Commissioner Carollo. Commissioner Carollo: Thank you. From what I'm seeing, it's actually three separate items, issues. One is the operation, two is the storage, and three is the maintenance. Commissioner Gort: Maintenance. Commissioner Carollo: And it appears like we're starting off at 12 but we're going to increase to -- I forgot. What's the number? Mr. Sosa: Twenty-eight. Commissioner Carollo: Twenty-eight. Mr. Hatten: Twenty-eight, yeah. Commissioner Carollo: So we might get into trouble not right now but later on. As far as the maintenance, I mean, from what I'm hearing from the GSA director, I mean, he's not giving me too much confidence that we will be able to handle this maintenance contract. I would like to know -- listen, I would like to see how our neighboring cities doing it. What does Coral Gables do? Who handles their maintenance and their trolleys? Mr. Sosa: Coral Gables, I'm not sure. I know the other -- most of the other municipalities, they actually outsource it. Commissioner Carollo: Mr. Sosa. Chair Suarez: Yes. Sir, you're recognized. Mr. Levitt: Mark Levitt, Limousines of South Florida. Coral Gables currently has two contractors; one does the maintenance and one does the operation. So they're actually using two separate contractors. Commissioner Carollo: Gotcha. Chair Suarez: Any further questions? Commissioner Carollo: I have a separate item. If everyone wants to move on, I have a separate City ofMiami Page 72 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 issue with the contract, ifI could address it, please -- Chair Suarez: No, no. Yeah, absolutely, please. Commissioner Carollo: -- to Mr. Sosa. Chair Suarez: Sure. Commissioner Carollo: When it says circulator here, it says the definition of the circulator shall mean fixed route or semi fixed route public transportation circulator services where at least 70 percent of the route is within the City and said circulator is [sic] service and [sic] operated by the City. Why 70 percent? Why isn't -- why shouldn't it be 100 percent within the City? Mr. Sosa: We're looking at some of our routes to actually like connect to the Coral Gables trolley, so we would go a block outside the city limits. We wanted to make sure that we were covered in the event that we had to go outside the municipal boundary to make a connection to Metrorail or Tri-Rail --I don't thinkTri-Rail's an option. But Coral Gables trolley or somebody else implements the trolley service adjacent to us. Chair Suarez: Let me just, ifI may, jump in there on that 'cause that's a very good point that you bring up. But one of the things that was envisioned potentially with the Coral Way trolley is that it would connect Brickell to Ponce whereas the Coral -- where Coral Way trolley is circulating along Ponce, so I don't know that it has to be 70 percent. Commissioner Carollo: Yeah. It just -- it -- Chair Suarez: But maybe it could be 85 percent or 90. But I under -- he's trying to create enough wiggle room so he doesn't run into a problem later on that has to come back to the Commission is what I'm assuming. Commissioner Carollo: Gotcha. And the other thing had was with the additional five one-year periods, if it could come back after the five -- the first five years it could come back for the additional periods to the City Commission. Mr. Sosa: That's on page 6. Commissioner Carollo: That's on page 6, first paragraph. Mr. Sosa: Okay. Commissioner Carollo: Towards the bottom. Mr. Sosa: So you -- all right. Right now it states that the City Commission is delegating the authority to the City Manager to administratively approve the extensions. Commissioner Carollo: Right. I don't think we should delegate the authority. I think we should maintain the authority. Mr. Sosa: We can strike that last delegation and say the City Commission -- Commissioner Gort: Yes. Mr. Sosa: -- will be the body to do the extensions. That's fine. Commissioner Carollo: Okay, ifI could have that amendment. City ofMiami Page 73 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Mr. Hatten: Can I say one -- Chair Suarez: Does the maker of the motion accept --? Mr. Hatten: -- more thing? Okay. Chair Suarez: Last word. Mr. Hatten: Last word and that's it. Chair Suarez: Okay. Mr. Hatten: Okay. You -- this is on a grant, correct? I'm just saying every time they got a grant to maintain something and then once the grant was all over, we inherited it. That's what I'm trying to avoid, okay. Chair Suarez: And they're -- there's going to be, I think -- Mr. Hatten: And every time we inherit some -- Chair Suarez: Right. Mr. Hatten: -- we start pouring money after the trolleys have all been falling apart or whatever the case may be and we inherited it and then we got to maintain it after that. Chair Suarez: That's a very good point, andl think Mr. Sosa is going to be addressing that later on with the discussion item on the trolleys that he'll be talking about the actual -- Mr. Hatten: I'd rather beat us to the punch and -- Chair Suarez: Of course. Mr. Hatten: -- get this nailed down because in the end GSA, you know, mark my words, we're going to end up -- Chair Suarez: It'll end up with you, yeah. Mr. Sosa: The contract has a provision under which we have to -- at the end of service, they have to provide the trolleys back to us in an operable -- Chair Suarez: Fashion. Mr. Sosa: You know, the language -- Mr. Hatten: Which never works out. Mr. Sosa: -- is in there, and we have to perform an inspection in order to -- Mr. Hatten: Which never works out. Mr. Sosa: -- accept them back from the vendor. Chair Suarez: Commissioner Carollo -- City ofMiami Page 74 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Commissioner Carollo: Yeah. Chair Suarez: -- and Commissioner Sarnoff then. Commissioner Carollo: Just real quick, 'cause Mr. Hatten brings up a very good point. And what I'm seeing is his point is, listen, a brand-new car, a brand-new trolley doesn't really break down in the first few years. So right now, you know, we're passing the maintenance on, but realistically, we should do it because there's not much maintenance to do. We're going to change the oil and maybe a tune-up here and there and that's it for the next two, three, four, five years. After that, when those vehicles are coming back to the City, that's when they start having issues and you have to change the -- I don't know -- Mr. Hatten: Rear ends and what have you. Commissioner Carollo: -- the rear ends and, you know, all that stuff. So, I mean, he brings a valid point that I think should be, you know, addressed. Again, from what, you know, the director of GSA said, I mean, he didn't give me too much confidence that we could actually handle it, which is an issue. So I don't know how this Commission wants to move on it. Let me ask a question out there. Does this have to be approved today? It's only one reading. Commissioner Spence -Jones: Yeah, that's the question, 'cause I wanted to piggyback on you. Chair Suarez: Time. Commissioner Spence -Jones: 'Cause it still has to go to the County, right? Commissioner Carollo: Yes. So we move it two weeks, is it going to -- is there -- would there be any issues? And then maybe Mr. Hatten can get together with the director of GSA and that way - Mr. Sosa: I -- Commissioner Carollo: -- come to a compromise. Mr. Sosa: Two things I will say. We feel that we want to get this approved today to allow us sufficient time to get ourselves and our operation set up to meet the March date that we have set in order to serve the stadium for the Marlins opening type of events. So we do feel that we want to do that today. Secondly, the way that this contract was advertised, it was advertised for operations and maintenance and that's how the solicitation was done and that's the way it was responded to. It would not be an easy -- I don't think it would be possible, frankly, for us to at this point go back and change the contract terms without readvertising the entire contract. Chair Suarez: Let me just say something on that point because we have run into that issue on a variety of different -- Commissioner Carollo: Yes. Chair Suarez: -- occasions. It may be a good idea this year before we start issuing a bunch of RFPs -- Commissioner Gort: Yes. Chair Suarez: -- that we have Mr. Roberson [sic] meets with us or that we have a sunshine meeting or a special committee, whatever it takes so that we are defining what it is from a policy perspective that we want to see in our RFPs so that we avoid this stuff after the fact: Somebody City ofMiami Page 75 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 bids on it, you know, there's a recommended vendor, they get selected, et cetera, et cetera, and then we're kind of working after the fact. Commissioner Gort. Commissioner Gort: A lot of other municipalities, the RFPs come in front of the Commissioners to approve it before it goes out and for the same reason. We got a lot of these RFP that go out without our input and we got problems. Commissioner Carollo: Right. Because I think it comes to us maybe to approve the RFP but to approve an RFP -- Chair Suarez: Right. Commissioner Carollo: -- not the RFP. Commissioner Gort: Not the RFP itself. Chair Suarez: Right. Commissioner Carollo: Not without all the details. Right. Commissioner Gort: The language itself. Chair Suarez: Right. Commissioner Spence -Jones: And -- I'm sorry. Mr. Chairman. And I understand thatfrom -- based on my briefings with Mr. Sosa, I mean, we were trying to meet a deadline so that we can kind of run the trolley line and see how well it would work on that first leg, so I understand having that in place just sends great energy in the City around the fact that the stadium is opening, you know, the Health District is connected to it. So I think -- I mean, I love what you guys are doing to make that happen. However, I do think that there's some things that we probably do need to kind of somewhat tweak in order for it to make sense. And then my only question -- and this came in our meeting -- was, you know, if it goes over to the County, right -- let's say we vote on it now -- does the County have the ability -- andl know y'all are going to meet with the County next week -- to say, well, I really don't like this. I want to make an adjustment on that. Commissioner Gort: Yes. Commissioner Spence -Jones: Do they have the ability to say that and then it has to come back in front of us? Mr. Sosa: Insofar as the interlocal agreement, which has nothing to do with the opera -- that really is separate from this contract. But the County, yes, they do have the ability to request modifications to items within the interlocal agreement. The interlocal agreement does not address how we operate or maintain our trolleys. Commissioner Spence -Jones: Right, but I'm just saying, 'cause we do know how the County can operate. And even though it's our agreement that has operational whatever in it, do they have the ability to say, well, I would like to see this in -- I'm just using this as an example -- that overall partnership that you guys have. Do they have the ability -- or agreement -- do they have the ability to say they want to have certain things take place as a part of our agreement? Mr. Sosa: I don't believe so. They would be -- the only thing in the interlocal agreement is the routes. City ofMiami Page 76 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Commissioner Spence -Jones: Okay. Mr. Sosa: That's really the only thing that's there. So they could mod -- Mr. Hatten: They could mandate that we (UNINTET,TIGIBT,F). Mr. Sosa: I mean, I -- to do something -- I would say something outlandish. They may say, you know, you have to run your routes from here to there or else we won't approve it. They may do that, but I don't think that that would be a -- Commissioner Spence -Jones: I mean, but just in -- andl see you, Alice. Alice is like, Commissioner, we need to get this done. We need to get it done. Andl want to get it done too, but I just don't want us to get it done and then you have to bring it back in front of us because the County Commission -- Mr. Sosa: Agreed. Commissioner Spence -Jones: -- I'm assuming, you know, comes back and she has a real issue, so we still lose time anyway. Mr. Sosa: The way that we operate and maintain the service is not part of that interlocal. That interlocal with the County is exclusively for the routes. Commissioner Spence -Jones: So you're telling -- Mr. Sosa: That's the only thing that's in place. Commissioner Spence -Jones: -- are you putting it on the record right now, Albert, that if you go meet with the County, which I'm assuming y'all having that meeting next week, and if we vote and approve this agreement right now and if the County Commissioner or whoever's the person that you're having your meetings with says I'm not happy with blah, blah, blah, we can say well, we don't -- we're not concerned about what you're happy with; the City Commission has voted on it and this is what it is, that we still have to go along -- we can agree to -- we can continue with our contract that -- with this group. Are you sure -- Mr. Sosa: I am confi -- Commissioner Spence -Jones: -- that is the case? Mr. Sosa: I don't see any leeway in the interlocal agreement with the County where they can dictate to us how we operate and maintain the service. That interlocal agreement with the County is specific to the -- Commissioner Spence -Jones: But -- Mr. Sosa: -- routes that are -- Commissioner Spence -Jones: -- we all know, even though they can't dictate to us what they want to see happen with the interlocal agreement -- and we've had a few interlocal agreements, and some of those things are far-reaching even into, you know, some of these contracts that we have because of whatever reason. I'm just asking the question 'cause I don't want you to go over this and then we vote on a item and then you have to bring it back to us. Mr. Sosa: The -- this item I don't see us coming back with it based on any discussion we have with the County. Like I said, the interlocal agreement is specific to routes, and you know, if they City ofMiami Page 77 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 dictate something in terms of the routes, we may have to bring an item back to -- but I don't see it affecting this agreement. Mr. Hatten: In addition, the Commission doesn't have to worry about drivers. We got plenty of drivers with CDLs (Commercial Drivers Licenses), being Solid Waste, the mechanics, me personally. Chair Suarez: Okay. Thank you, Mr. Hatten. Mr. Hatten: I'll drive a trolley. Chair Suarez: We get the point. Okay. Does the maker of the motion wish to amend the motion to include the changes that Commissioner Carollo proffered and that the -- and that I believe Director Sosa proffered? Vice Chair Sarnoff. Well, those changes were the 20 percent -- Chair Suarez: Correct. Vice Chair Sarnoff. Yeah. Chair Suarez: And the 20 -- and Commissioner Spence -Jones as well. The 20 percent -- Vice Chair Sarnoff. Let me just say a couple things and I'll probably accept. I've spoken not at all on this issue. This is the most debated issue in the history, since I've been here, of the City of Miami Commission. We have debated whether we were going to buy them. Commissioner Spence -Jones: Oh. Vice Chair Sarnoff. We then debated whether we were going to lease some of them. We then debated whether we were going to maintain some of them. We then debated whether we were going to operate some of them. If you recall, andl'll stir all your memories, we debated whether we should charge. We debated whether we shouldn't charge. And by the way, be aware, one of the things the County could require of us is to charge because they may not want the competition for afree service. Having said that, that's not the point of what I'm discussing 'cause I am -- Chair Suarez: You just want -- Vice Chair Sarnoff. -- on board with the Chair's free service, but I -- and having said that, you know, we started out on this debate with getting 12 ARRA (American Recovery and Reinvestment Act) funded trolleys. We somehow have managed to buy 28 trolleys. We're going to own them all. Chair Suarez: Grant funded too. Vice Chair Sarnoff. We -- exactly. Grant funded from the previous streetcars, grant funded from some FDOT (Florida Department of Transportation) money, and we've gone through some grants. It's been probably the best culling together of efforts that I think primarily Alice Bravo and Albert Sosa has ever done for the City ofMiami and will be probably the most visible improvement to many people's lives in the City ofMiami. Now we've debated whether we should dry lease these. We debated whether we should wet lease these. We debated -- by the way, who bears the risk of loss -- andl don't know the answer to this question -- when these trolleys sit in Limousine's garage? Mr. Sosa: They're responsible. They -- City ofMiami Page 78 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Vice Chair Sarnoff. Exactly. Mr. Sosa: -- insure us and indemnin, us for everything. Vice Chair Sarnoff. Exactly. And that is why that's a good deal for the citizens ofMiami because it is at sitting -- it is when they're sitting dormant, they will either be vandalized, they'll be stolen, or they'll have not good things done to them. So it is imperative, I think, that we should, you know -- and it brings a different issue along, which we're beginning to realize. Who wants to do business with the City ofMiami? I certainly would not so that I can win a fair RFP, come to you guys, and all of a sudden I hear, well, let's change the game 'cause, you know, I don't like you too much. You comb your hair a certain kind of way and it isn't the way I really think it should be combed. And you know, say what you want, that's what we're doing. And they win this RFP. Some people spend thousands, some people arguably spend hundreds of thousands of dollars -- I'm not saying in this circumstance -- performing, winning and achieving that RFP only to come in front of this City Commission and hear, well, you're not really what I thought you'd be. And this man or this woman turns around and spent the better part of four to five or six months getting this REP and all of a sudden Commissioners start going, you know, this isn't really what I thought it was going to be. And I think we have to stop doing that, 'cause I wouldn't do business with the City ofMiami. I certainly wouldn't. I would only do business ifI knew that when I win an REP, that it's a fair REP and I'm done. But these -- this debate that we're talking about now, we've had it. We talked about risk of loss. We've talked about all the things that we're talking about. So I'm going to accept -- I think the 20 percent City ofMiami local participation from Commissioner Spence -Jones is a great idea. The other issues, the amendments, great ideas. But those aren't really RFP-changing ideas. Those are tweaks and those are okay, so I accept the -- Chair Suarez: Does the seconder -- Commissioner Spence -Jones: So moved. Vice Chair Sarnoff. -- amendment. Chair Suarez: Does the seconder -- Commissioner Spence -Jones: I mean, second. Chair Suarez: -- accept the amendments? Yeah. Commissioner Spence -Jones: Yes, I accept it. I accept it. Chair Suarez: I just want to say that completely agree with everything Commissioner Sarnoff or Vice Chair Sarnoff just said, and the only thing that I would -- the only little minor caveat would be what Commissioner Carollo andl were just discussing, which is that we can be involved on the front end -- Commissioner Spence -Jones: Yeah. Chair Suarez: -- you know, to construct these REPS because we are policymakers. Commissioner Spence -Jones: Yes. Chair Suarez: And these REPS reflect policies of the City ofMiami. Vice Chair Sarnoff. I agree. City ofMiami Page 79 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Chair Suarez: So we should be, you know, brought into the fold rather than, like you said, after the fact when companies have spent money, time, energy and effort to do things in compliance with these documents that we've provided to them. Anything else? Commissioner Spence -Jones: And then add -- I'm sorry. Chair Suarez: No, go ahead. Commissioner Spence -Jones, Commissioner Gort, and then Commissioner -- Commissioner Spence -Jones: Go on, I'll yield to you. Commissioner Gort: Always to the lady. Commissioner Spence -Jones: I yield to you. Commissioner Gort: If you recall, I got elected -- I think it was January of 2010. I was told that trolley were going to run in November of 2010 and right now we're -- Vice Chair Sarnoff. Yeah. Chair Suarez: January 12. Commissioner Gort: Okay. Thank you. Chair Suarez: Commissioner Spence -Jones. Commissioner Spence -Jones: The only thing -- I agree with what everybody said. We've already voted on the item. I have to say that Albert Sosa is probably one of the most professional City department heads and has really did his due diligence on this, so I definitely want to acknowledge it. This takes nothing away from you. I think the reason, Commissioner Sarnoff, we would have these kind of debates honestly is because we have approved RFPs in the past and we found ourself after we've approved them, you know, wondering how we got ourself into this mess. Andl think it is our responsibility to make sure that we do whatever it takes to not make the same mistakes twice. I was not here when you guys were going back and forth and, you know, beat this issue to death, so this was my opportunity to at least be able to chime in on it. So I apologize for asking a few more questions on it. I just think that whatever we do, we need to try to make sure that we ask as many questions as possible on these issues to make sure we get the maximum out of it. So I agree with you on us moving on this item. I think we've spent a lot of time on it, but I would ask that any kind of agreements that -- or RFPs that go out like this, it seems that there should have been some sort of discussion with GSA since they manage fleets, you know, to have a real sense of -- that should have been a part of the process so that there was no feeling of friction between people that are already here and new people that you're trying to bring on board to, you know, do something. So I think that's the friction that you may see in the room now. And then last but not least, I do -- you know, I hope and pray that the meeting goes well with the County Commission so that we can at least get the route moving. Chair Suarez: I believe it will. Commissioner Spence -Jones: Yes. Chair Suarez: All -- Commissioner Gort: And I'd like to see RFPs before it goes out on the street -- City ofMiami Page 80 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Chair Suarez: Let's start doing that -- Commissioner Gort: -- okay, from now on. Chair Suarez: -- Director Roberson [sic]. I think you're on there somewhere. All those in favor, signifi, by saying "aye." The Commission (Collectively): Aye. Chair Suarez: None in opposition. Passes unanimously. RE.3 RESOLUTION 11-01190 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Management and ATTACHMENT(S), ADDING CAPITAL PROJECTS APPROPRIATIONS TO Budget THOSE LISTED IN RESOLUTION NO. 11-0477, ADOPTED NOVEMBER 17, 2011, AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. 11-01190 Summary Form.pdf 11-01190 Legislation.pdf 11-01190 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0011 Chair Suarez: RE.3. Albert Sosa: Albert Sosa, director of CIP (Capital Improvement Programs). RE.3 is a resolution. It's our standard appropriations item by which we move money between projects from projects that are being completed and are under budget to those projects that need funds as well as creating new funds. In this specific appropriations, we're moving money between several projects. The new projects that we have include an item for solid waste collection equipment in the amount of $2 million. That was in the current fiscal year's budget, so that's basically enacting that and moving that to Solid Waste. And it also includes the creation of a facility for Parks at the Virginia Key Beach Bike Trails [sic], which are very successful and they're generating revenue. We're going to build a small building there with bathrooms, like a small facility to help complement that park because it is a destination and people are using it and they're asking for facilities. Chair Suarez: Thank you, director. Coming back to this Commission, is there a motion? Commissioner Spence -Jones: So moved. Discussion. Commissioner Gort: Second. Vice Chair Sarnoff. Second. Chair Suarez: Moved by Commissioner Spence -Jones, second by Commissioner Gort. Commissioner Spence -Jones, you're recognized. City ofMiami Page 81 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Commissioner Spence -Jones: Commissioner Carollo, did you have a question on any of this? I saw your face. I'll yield to you. Go ahead. No, I'll yield to you. Nothing? Commissioner Carollo: No. Chair Suarez: Take it while it's hot. Commissioner Spence -Jones: Okay. All right, just -- thank you, Albert. First of all, I want to commend you for making sure -- you know, you came out to my district when I first got back, identified the key projects that, for whatever reason, were set on the side, and really help me, you know, restructure and get things back on the right track. So I appreciate all that you and your team has done. Just couple little things I just want to do as notes. I know you told me to at least officially put it on the record so come February we can also have the amendments for that, so I just want to make sure that they're included. The first thingl would like to make sure happen on the Lummus Landing Square for -- from my fellow Commissioners that don't know about it, but we're putting back on track this outdoor seafood marketplaces -- place on the river at Lummus Park, which is in my district, with all of the fishermen on the river. I would really -- would like -- I don't know where Brett went -- but from the Miami River Commission -- I don't know -- do we have a Commissioner that sits on the River -- thank you -- the Miami River Commission to make sure that that plan actually gets executed, which is the Outdoor Seafood Market [sic]? I believe there are about three pavilions that we want to see added there so that the fishermen can sell fresh fish outside. So I just wanted to make sure that our representative is pushing that ahead. I think we already have the schematics for it. But just like Commissioner Sarnoff has created and done a great job with the outdoor seafood mar -- I mean, outdoor marketplaces in the Grove and also I believe in MiMo (Miami Modern), we want to do the same thing on the river for the fishermen. They really need the support. Commissioner Carollo: And by the way -- Chair Suarez: Thank you. Commissioner Carollo: I'm sorry. Chair Suarez: No, no, no. Go ahead, please. Commissioner Carollo: Mr. Chairman. And by the way, since you opened that door about me sitting in the Miami -- Commissioner Spence -Jones: River. Commissioner Carollo: -- River Commission, there are six "B" numbers that mem -- or residents have come to the Miami -- to the -- a representative of the Miami River Commission which addressed the issue with me on projects, and can give you the six "B" numbers that have been started and have been stalled and nothing's happening and you know, it's unsightly, it's smelly, and no one knows what's happening with the projects. Commissioner Spence -Jones: Yeah. Commissioner Carollo: So, you know, there's a lot of frustration there, andl stated that I will look into it. And as a matter of fact, I do have the "B" numbers, and let me just state it for the records [sic]: B-30651, B-40686, B-30336, B-30130, B-40643A, and B-30631. Now I'm definitely doing this since I'm a representative of the Miami River Commission, but aside from this, you know there's a lot of projects in District 3 that we need to discuss, that we need to move rather quickly so -- but I wanted to put this in the record 'cause I gave my word that would speak with you -- City ofMiami Page 82 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Mr. Sosa: Sure. Commissioner Carollo: -- with regards to these "B" numbers. Mr. Sosa: And I am -- Commissioner Carollo: And it is something that doesn't affect my district or District 3, but it's right on the other side which I believe is Spence -- Commissioner Spence -Jones district. Commissioner Spence -Jones: And it's our river, so you know -- Commissioner Carollo: Yes. Commissioner Spence -Jones: -- we want the whole river to come up at the same time. Commissioner Carollo: Exactly. Commissioner Spence -Jones: So for the February meeting, I definitely want to have it on the agenda. Andl would like to make sure the additional money that we need to request for the new Outdoor Seafood Marketplace is shifted from throughout my allocations to a larger amount because I know we're going to need it. Mr. Sosa: Absolutely. Commissioner Spence -Jones: Just make sure that Commissioner Carollo and the fishermen and the Miami River Commission is involved in -- Mr. Sosa: Absolutely. Commissioner Spence -Jones: -- that process. The other thing that I want to make sure is shifted for the month of February -- I thank you for the Freedom Garden in the heart of Little Haiti, that allocation happening. When -- the month of February, I want to make sure -- as you know, the MLK (Martin Luther King) vigil, Martin Luther King -- the two things that -- as you guys remember when we were going back and forth on this surtax issue and we were talking about parades and how important it was for us to have, you know, sentimental or historical events take place in our neighborhood, to continue to take place, the two events that I asked for and have to have support on was the life -- the birth ofDr. King and then the death ofDr. King. So in my allocation we are doing a major roadway project under the expressway utilizing artists from throughout the whole entire City that will do a whole collage under the expressways. So I just want to make sure that for the February -- because we are -- we would like to put that out to bid and I'd like for you to work with the organizations that are on MLK Boulevard to put that actual RFP (Request for Proposals) out for artists because I would like to be unveiling the art on April 4 during the actual outdoor vigil for Dr. King. So February needs to be on the agenda so that there's no issue on that moving. And then last but not least, also in the month of February, I just want to make sure we are creating the Outdoor Civil Rights Heritage Walk. I just want to make sure I do have money, almost -- I guess almost a million dollars set aside out of my own allocation to really make sure that that becomes a gem in the heart of Liberty City, so I want to make sure that that as well, you coordinate. I just don't want to have any of these projects that I'm funding, the community is not involved in that process. Mr. Sosa: Absolutely. Commissioner Spence -Jones: So I just want to make sure that that happens, and the new allocations for February will be ready to go in ASAP (As Soon As Possible). City ofMiami Page 83 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Mr. Sosa: Absolutely. Chair Suarez: Thank you. Mr. Sosa: Thank you. Chair Suarez: I just want to clarify. There are no amendments to this. Priscilla A. Thompson (City Clerk): That is exactly what we're discussing. Commissioner Spence -Jones: No. Ms. Thompson: It seems as though there was comments made here and then come February, all of those items or amounts -- Commissioner Spence -Jones: Right. Ms. Thompson: -- will be issued -- Commissioner Spence -Jones: No amendments. Ms. Thompson: -- in a new resolution. Chair Suarez: Okay, perfect. Commissioner Spence -Jones: No amendments. Chair Suarez: Just wanted some clarity. Commissioner Spence -Jones: Just to make sure that he comes back in February with these items. Chair Suarez: Perfect. Commissioner Spence -Jones: Thank you so much. Chair Suarez: It's been moved and second. All in favor, please signin, by saying "aye." The Commission (Collectively): Aye. Chair Suarez: Any in opposition? It passes unanimously. RE.4 RESOLUTION 11-01193 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING PUBLIC EMPLOYEE PENSION PLANS AND DISABILITY PRESUMPTION REFORMS TO MAKE THE PLANS FINANCIALLY SUSTAINABLE, RESPONSIVE TO TAXPAYER BURDEN AND SECURE FOR CURRENT AND FUTURE PUBLIC EMPLOYEES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS STATED HEREIN. City ofMiami Page 84 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 11-01193 Summary Form.pdf 11-01193 Florida House of Representatives 2012.pdf 11-01193 Florida Senate 2012.pdf 11-01193 Legislation.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the record: Item RE.4 was deferred to the Commission Meeting scheduled for January 26, 2012. 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. 11-01084 Summary Form.pdf 11-01084 Tabulation Bid.pdf 11-01084 Invitation for Bid.pdf 11-01084 Addendum No.1.pdf 11-01084 Legislation.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0013 Direction by Vice Chair Sarnoff to the Administration to ensure that all attempts are made to hire former City ofMiami employees whenever the need arises for personnel; further directing for the City Manager to advise all department directors that the use of this contract should only occur when it has been determined that there are no other options. Direction by Commissioner Gort to the Administration to have the Human Resources Director provide a report of all the City ofMiami employees that required a hiring waiver for employment within the last two years. Chair Suarez: Let's see. Let's go back to RE.5. Do you have any other ones, Commissioner, that you want to -- Commissioner Spence -Jones: No. That was it. Chair Suarez: -- that you need? City ofMiami Page 85 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Commissioner Spence -Jones: I just want to make sure there's nothing like really pressing for me before I leave. Chair Suarez: I was going to say is there anything that you don't want us to take up in your absence? Commissioner Spence -Jones: I'm just going to look real fast. Chair Suarez: In the meantime, can we go ahead and start with RE.5. Beverly Pruitt (Director, Human Resources): All right. Chair Suarez: Ms. Pruitt, you're recognized for the record. Ms. Pruitt: Beverly Pruitt, director of Human Resources. RE.5 is a resolution to accept the bids received from temporary staffing companies to provide temporary service to the City and the City departments. The initial contract will be for one year and it will have four additional one-year renewals. Chair Suarez: Thankyou. Any further discussion on this item? Commissioner Gort: Yes. Chair Suarez: Commissioner Gort, you're recognized. Commissioner Gort: Once again, this is the type of RFP (Requests for Proposal) that goes out and we don't look at it and then we come up with a -- little problems come up. Now my understanding is we had people that been temp for almost two years now. At the same time, my understanding is those temps will not going into -- a lot of the people requesting budget, so I got a problem with it. We have people here -- we had a case here -- right here, the security guards. They were having a lot of problems. They were promised to be paid. According to the City contract, they were supposed to be paid minimum wages. They were never paid minimum wages. They had to take them to court and they're still here providing the services. I think they paid 20 percent to 30 percent administration for these expenditures, for the employment. Andl think we have enough people within our city where we can hire ourselves. Chair Suarez: Thankyou, Commissioner. Any further discussions? Commissioner Spence -Jones: I don't know ifMs. Pruitt wants to respond to the Commissioner's questions on this issue. Ms. Pruitt: I don't -- Chair Suarez: I don't know if it was a question -- Ms. Pruitt: The question -- Chair Suarez: -- more than just kind of a -- Commissioner Spence -Jones: Comment. Chair Suarez: -- concern that he's expressing. Commissioner Spence -Jones: Do you have a -- can you address the concern at all? City ofMiami Page 86 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Ms. Pruitt: I really cannot -- Chair Suarez: You don't do procurement. Ms. Pruitt: -- without reviewing -- Chair Suarez: Yeah. Ms. Pruitt: -- the information again. Commissioner Spence -Jones: Okay. Anybody from the Administration can address the Commissioner's concern? Luis Cabrera (Acting Chief of Operations): Yes, Commissioner. Assistant -- acting assistant City Manager, Luis Cabrera. Currently in the City ofMiami we have approximately 19 employees that are working out of agencies. There's eight in Police, five in Fire; one, Community Development; one, CIP (Capital Improvement Programs); and four in Building. The item that's before you right now is in order to renew these contracts with these temporary agencies. These employees fill temporary needs. At times they're critical for our operations and these contracts help us to fulfill those needs. Chair Suarez: Thank you. Johnny Martinez (City Manager): Basically, I don't think it hurts to have them. Chair Suarez: Right. Mr. Martinez: I think it complements our temporary services -- Priscilla A. Thompson (City Clerk): I'm sorry, Chair. Mr. Martinez: -- and it doesn't hurt to have them. Ms. Thompson: I'm sorry. Chair Suarez: Yes. Madam Clerk, you're recognized. Ms. Thompson: I think we've lost quorum. Commissioner Spence -Jones: We lost quorum. Chair Suarez: We have lost quorum. Commissioner Carollo's in the hallway. I don't know if maybe we can get him in here. Commissioner Spence -Jones: You're talking about Gort. Ms. Thompson: Where's Gort? Chair Suarez: You know what, I'm going to take a five-minute recess. All right, we're back. Anthony Hatten: I just want to point -- Chair Suarez: Okay, quick, Mr. Hatten, quick. City ofMiami Page 87 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Mr. Hatten: Anthony Hatten, Local 1907, union president. I just like to concur. We can hire our own temps. We don't need a company to hire people that we can hire ourselves. That doesn't make any sense. I mean, we could hire our own people to do our own work. Chair Suarez: So what is the will of this Commission -- Commissioner Spence -Jones: I'm just trying to -- Chair Suarez: -- on this item? Commissioner Spence -Jones: I guess the best question is what is the difference between the two? That would be the question. Mr. Martinez: Well, one, we hire through -- Commissioner Spence -Jones: I know (UNINTET,TIGIBT,F). Mr. Martinez: -- an agency that's on board, and the other one we hire temps that work for the City that maybe have been laid off from a regular job and we put them into the temp job. We don't pay for their benefits or anything like that. I believe the combination of having the two is good. You use -- the preference, in my opinion, should go to the temp employee from the City, which I think Mr. Hatten agrees. But there may be an occasion or so where we need to complement deliver of service and the Kelly Girl type services is a good thing. So I think having the combination without abusing the agency -- you know, giving first priority to the employees that were at the City is a good thing in my opinion. Commissioner Spence -Jones: And does this give -- is part of it is giving us more flexibility? Is that what the issue is? Mr. Martinez: I believe it does. Commissioner Spence -Jones: Okay. So what is it -- just trying to understand. Are there less hoops to jump over in the -- with the agencies than it is the hoops to hire them with the City? I mean, I'm just trying to get it. What's -- Mr. Martinez: And there's also an issue of liability. When you have a temporary agency, you don't have the liability when that employee falls and -- slips and falls or something like that. Commissioner Spence -Jones: We always have a liability, right? Mr. Hatten: Yeah. Chair Suarez: Thank you. Coming back to this Commission. Is there a motion? Commissioner Spence -Jones: A motion to support the item? Chair Suarez: Whatever motion you want, to defer, to support it, to deny it. Vice Chair Sarnoff I'm going to make a motion to support it. Chair Suarez: Okay, it's been moved by Vice Chairman Sarnoff. Is there a second? Commissioner Spence -Jones: I don't want to not -- I want to hear Commissioner Gort's concerns, so I don't want to -- I mean, this is like a real item for him, so you know, I'm trying to respect that as well. You know, as colleagues, we want to do that. City ofMiami Page 88 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Chair Suarez: What would you like, Commissioner Gort? Is there anything in particular? Commissioner Gort: We're talking about liabilities. And liability, we had people here that they had record that were hired by this agencies. Those agencies would not pay what they supposed to been paid. A lot of these agencies do not follow the contract that we had andl have a problem with that. I do have a problem with that. We had it right here, providing service. Chair Suarez: Kent Security. Commissioner Gort: That people sue the company. The company's not complying with the contract and they're still working here. We're paying -- Commissioner Spence -Jones: So -- Commissioner Gort: I got a major problem -- Commissioner Spence -Jones: No, no, no, no, no. Your -- Chair Suarez: No, it's important. It's important. Your concerns are important. Commissioner Spence -Jones: -- viewpoint always counts. My question, though, Commissioner Gort, is it these particular companies or just having the outside agencies? Commissioner Gort: Just having the outside agency without us checking the agency, making sure that the people that work for the agencies comply with all our requirement, that they don't have any violation with the law, that they don't have any records, or that type of things. Vice Chair Sarnoff. So your -- Commissioner Spence -Jones: So do we want different agencies? Vice Chair Sarnoff. -- issue is -- Commissioner Spence -Jones: No, no agencies? Commissioner Gort: Yeah. Commissioner Spence -Jones: Okay. Vice Chair Sarnoff. Wait. Are you saying no agencies or a proper agency? Commissioner Gort: I think there might be some individuals that you can hire in temp, but I've seen people in the City ofMiami temp working for two years -- Chair Suarez: Or more. Commissioner Gort: -- or three years and four years and paying a lot more than if we were hire our people. We've laid off people that used to work for the City ofMiami. We should look at those first. Andl understand there might be some specialty that they need to hire someone. I don't have any problem with that. Mr. Martinez: We don't renew the contract, we won't have that ability. City ofMiami Page 89 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Vice Chair Sarnoff. So why don't we -- here's my suggestion. You pass the resolution with an instruction to the Manager to, where and whenever possible, hire or rehire formerly employed City ofMiami employees and not to use temporary agencies until and unless you determine in your own best interest that you have to use a temporary agency. Commissioner Gort: I don't have any problem with that. But I want to make sure that the Manager talk to the director -- department directors to make sure they use it wisely. Let's face it, people. One of the problems that I have in here is the follow-up. Commissioner Spence -Jones: Yeah. Commissioner Gort: I mean, let's face it. We make motions in here and then there's no follow-up to it. We got to go after it. I get requests all the time andl have to do my follow-up three, four and five times to get some action. Andl want to make sure it's not abused, period. Commissioner Spence -Jones: That's a good point. Chair Suarez: Very good point. Is -- there's a motion. Is there a second, as he has articulated the motion? Commissioner Gort: As stated, yes. Chair Suarez: There's a second by Commissioner Gort. Commissioner Spence -Jones: With -- Vice Chair Sarnoff. With instructions. Commissioner Spence -Jones: -- the instructions. Commissioner Gort: Instructions that hire Miami personnel first. Chair Suarez: With the instructions as specified and articulated very eloquently by Vice Chairman Sarnoff. All in favor -- Vice Chair Sarnoff. That's $10 to your favorite charity. Chair Suarez: -- signify by saying "aye. " The Commission (Collectively): Aye. Commissioner Gort: I got a question. This temp that been working for two years now with the City, can we hire them? I mean, they not temp. They been with the City two and three years. Mr. Hatten: We have a lot of temps -- Commissioner Gort: Do we have problem with them? Mr. Hatten: -- in Parks Department, too, that have been working for years, that they can't place them in permanent jobs. That's why I stood up. We got to stop it. Commissioner Gort: Then the Budget director, I think we have to look at every department's budget and if they have opening and we have people that's term and it's part of the budget -- it does not affect the budget, we should look into it. City ofMiami Page 90 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Chair Suarez: What's the difference between calling something a temporary worker and a part-time worker? Mr. Cabrera: Let me clam something, Commissioners, Mr. Chairman. Chair Suarez: Big difference? Mr. Cabrera: We currently have approximately -- Chair Suarez: You mean for part-time? Mr. Cabrera: -- 224 City temps and -- Chair Suarez: Right. Mr. Cabrera: -- out of the agencies, we're only using 19 to fill critical positions. I think what Tony is not clarifying and we need to clam is the following. When we open up positions, every individual who's a City temp has the opportunity to compete for those positions just like everyone from the outside. In addition, there's opportunities where we put it out solely to City employees and they have the opportunity to compete for these positions, so the opportunity's there. We're -- I'm sorry. Chair Suarez: Yeah. Go ahead. Commissioner Gort: No, no. Go ahead, finish, finish. No, no. Go ahead and finish. Mr. Cabrera: I understand the Commissioner's concern that we need to begin to identify these individuals who have been placed in these positions and have been there on a long-term and identf why are they still filling that position on a temporary basis, and we will begin to look at that. Commissioner Gort: My question is -- I understand your position, but at the same time, I understand if an opening takes place and there's people that temporarily been working there for years, they should have the experience and it should be open -- it shouldn't be open to outside. It should be open to City for those temps, give an opportunity to get in, especially if they prove themself And this where the department director can come in and says this is a good employee; I want to make sure I keep him, especially if you have an opening. Because let's face it, the budget is what's going to determine what actions to be taken. Mr. Cabrera: Like I said -- Commissioner Gort: Now my understanding is some departments use this to go -- bypass the budget, okay. Ms. Pruitt: Mr. Gort, as -- Commissioner Gort: Yes. Ms. Pruitt: -- the positions that will be open will be a classified position. It requires competition so the temporary staff employee or the temporary employee must apply and go through the civil service process, competing for the position and then qualfing -- Commissioner Gort: Good. Ms. Pruitt: -- to be eligible to be -- to fill the position. City ofMiami Page 91 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 RE.6 11-01168 District 3- Commissioner Frank Carollo RE.7 11-01230 Commissioner Gort: I want a list of all the new employees qualified and they don't have -- they didn't require a waiver. Ms. Pruitt: I'm sorry. Commissioner Gort: How many employees we have that we have employed that have waivers? Ms. Pruitt: You want a list of the employees that we have hired -- Commissioner Gort: The employees for the last two years that been -- Ms. Pruitt: -- in the last two years. Commissioner Gort: -- employed and they have a waiver. Ms. Pruitt: They have a waiver. Commissioner Gort: Do not meet the requirements. Yes, sir. Ms. Pruitt: Yes, sir. Commissioner Gort: Okay. Chair Suarez: Did we vote on it? We haven't -- yes, we did. Okay, I'm going to take a five-minute recess. We'll be back in session at 6:15. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REQUIRING ACCOMMODATIONS (CHANGING STATIONS) FOR MEN AND WOMEN TO CHANGE THEIR CHILDREN'S DIAPER IN ALL CITY OF MIAMI FACILITIES WITHIN SIX (6) MONTHS. 11-01168 Legislation (Version 2).pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Department of Capital Improvements Program Note for the record: Item RE.6 was deferred to the Commission Meeting scheduled for January 26, 2012. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGERS FINDING OF AN EMERGENCY REGARDING THE HYATT REGENCY MIAMI AND JAMES L. KNIGHT CENTER CONVENTION CENTERS REPLACEMENT OF COOLING TOWER AND CHILLERS PROJECT NO. 41-410004; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTIONS 18-85 AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; RETROACTIVELY City ofMiami Page 92 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 RATIFYING PURCHASE ORDER NO. 1201173, FOR THE PROCUREMENT OF CENTRIFUGAL WATER CHILLERS FROM TRANE US, INC., IN AN AMOUNT NOT TO EXCEED $482,000, PURSUANT TO THE PRICING, TERMS AND CONDITIONS OF OPEN -COMPETITIVE INVITATION FOR BID NO. 283251; ALLOCATING FUNDS FROM THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT WHICH IS A PART OF THE FEDERAL AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) OF 2009. 11-01230 Summary Form.pdf 11-01230 Pre-Legislation.pdf 11-01230 Purchase Order.pdf 11-01230 Tabulation of Bids.pdf 11-01230 Memo - Centrifugal Water Chillers.pdf 11-01230 Invitation for Bid.pdf 11-01230 Centrifugal Water Chillers.pdf 11-01230 Legislation.pdf 11-01230 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-12-0014 Direction by Commissioner Carollo to the Administration to have the CIP Department report to the City Commission, upon completion of the installation of the Centrifugal Water Chillers, how much of the $368, 000 contingency fee was used to complete the job. Chair Suarez: RE.7. Albert Sosa: Albert Sosa, director of CIP (Capital Improvements Program). Chair Suarez: Actually, you know what, we can't do RE.7 because it's a four fifths. [Later..] Chair Suarez: RE.7, which is the companion item that requires a four fifths vote. Kenneth Robertson (Director): Correct. Good evening. Kenneth Robertson, Purchasing Department. RE.7 is a resolution by a four fifths affirmative vote raging, approving and confirming the City Manager's finding of an emergency regarding the procurement of the centrifugal water chillers for the James L. Knight Center, Hyatt Regency Miami. We issued a competitive procurement and Trane US was selected, in an amount not to exceed $482, 000. At the time, however, the procurement didn't qualin, for award under the expedite ordinance, and the Manager made a finding of an emergency and we issued a purchase order in November. Chair Suarez: Coming back to this Commission, is there a motion? Commissioner Carollo: Well, I make a motion for discussion. Chair Suarez: Motion by -- Commissioner Carollo: Motion to approve. I'm sorry, motion to approve andl want to discuss it. City ofMiami Page 93 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 RE.8 11-01231 Department of Capital Improvements Program Vice Chair Sarnoff. Second. Chair Suarez: Motion to approve by Commissioner Carollo, second by Vice Chairman Sarnoff. Commissioner Carollo, you're recognized for the record. Commissioner Carollo: Thank you, Mr. Chairman. And it's a little out of order 'cause realistically, I should have done it in the last one, but I came in right at the last minute. My issue is with the installation. You have a contingency of $368, 000. I want to -- I want CIP (Capital Improvements Program) to come back -- Chair Suarez: We can reconsider if you want and we can vote on this one and reconsider the other one. Commissioner Carollo: That's okay. I just -- I want to put exactly whatl want. I want CIP to come back to this Commission and tell me how much of this $368, 000 of contingency was placed back into our coffers. In other words, I want to know how much of this $368, 000 was used. Because I don't want to say prior practice, but what's happened a lot, a lot of this contingency is like somewhat of a green light that this is the total amount that this project should cost and it really shouldn't. This should just be an emergency type thing. So I want to see how much of this $368, 000 is actually going to be used. Johnny Martinez (City Manager): Commissioner, you're absolutely correct. The contingency shouldn't be abused. If they're going to take from the contingency for unforeseen work, they need to document what it was for and how they negotiated the price up to that amount. What's been happening in prior contracts, they've been forgetting to put the contingency in and we've been coming back before the Commission to add it to it for unforeseen conditions and that type of thing. But their job is to identify what the unforeseen condition is, that it qualifies and document how much. Commissioner Carollo: No, I understand. But at the same time, you haven't been here when I've had to approve change orders from prior practices also because, you know, hey, it's the contingency and, you know, we happen to run into this and it's always right at that amount and - - the bottom line is that -- you know, I don't have a problem with approving this. The only thing is -- andl don't know ifI can even make it as an amendment 'cause this was from RE.8, but the bottom line is, I -- in the installation of this item that we have, this chiller, I want CIP to come back once the job is done and, you know, address this Commission with regards to how much of this contingency of $368, 000 was actually used and how much is going back to, you know, the -- where -- you know, wherever account this funding is coming from, okay. Chair Suarez: Thank you, Commissioner. There's a motion and a second. All in favor, sign by saying "aye." The Commission (Collectively): Aye. Chair Suarez: Item passes unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED DECEMBER 9, 2011, PURSUANT TO INVITATION TO BID ("ITB") NO. 11-12-008, FROM KERNEY AND ASSOCIATES, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE CENTRAL CHILLED WATER PLANT AND COOLING DESIGN PROJECT AT THE HYATT REGENCY MIAMI , IN THE AMOUNT OF City ofMiami Page 94 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 $3,680,500, FOR THE SCOPE OF WORK, PLUS A TEN PERCENT OWNER CONTINGENCY AMOUNT OF $368,050, FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $4,048,550; ALLOCATING FUNDS FROM SUSTAINABLE INITIATIVES PROJECT NO. 41-410004 AND APPROPRIATING FUNDS PROVIDED BY THE HYATT EQUITIES, LLC, TO CAPITAL IMPROVEMENT PROJECT NO. B-40181, AS STATED HEREIN, FOR SAID PURPOSE; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. 11-01231 Summary Form.pdf 11-01231 Letter - Hyatt.pdf 11-01231 Hyatt Regency Miami - Table of Contents.pdf 11-01231 Memo - Recommendation of Award.pdf 11-01231 Legislation.pdf 11-01231 Exhibit 1.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-12-0015 Chair Suarez: Why don't we go to RE. 8? Albert Sosa: Albert Sosa, director of CIP (Capital Improvements Program). RE.8. They're companion items -- your -- RE.8 is -- Chair Suarez: Would you like to see if we can get Commissioner Carollo, who I think may be changing diapers in his office? Mr. Sosa: We can hear -- we can talk about RE.8 first. That's fine. Chair Suarez: He actually is. Mr. Sosa: RE.8 is a resolution authorizing the City Manager to award and execute a contract with Kerney and Associates for the installation of a new air conditioning system at the Miami Hyatt Regency. This item was on the expedite list, but since we only received two bids, the expedite ordinance requires us to have three bidders to proceed at the administrative level so we had to bring it back to Commission for award. This project is in partnership with the Hyatt. It's a cost -sharing arrangement whereby we're using a grant fund. It's an ARRA (American Recovery and Reinvestment Act) grant from the Department of Energy for the high-energy efficiency component of the air conditioning system, so the grant will pay for the City's portion -- City's share of these costs. And the Hyatt is picking up the balance of the cost to be able to accomplish this. Chair Suarez: Thankyou. Mr. Sosa: The useful life of those -- of that air conditioning equipment was approximately 20 years when it was first built. We're on year 29. So the items need to be replaced and it needs to be done now in the winter because of the need to provide -- temporary AC (Air Conditioning) can be accomplished in the winter but not the summer and that's why we're moving now. Chair Suarez: Thankyou, Mr. Sosa. Coming back to the Commission, any discussion or motion? City ofMiami Page 95 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Vice Chair Sarnoff. Let me move this and one comment. Commissioner Gort: I'll second it. Discussion. Vice Chair Sarnoff. Mr. Sosa, this is pursuant to our long-term lease which takes us to the year 2068 with the Hyatt, correct? Mr. Sosa: I am not certain on the year, but it is pursuant to the lease. Vice Chair Sarnoff. Boy, I thought I got that right. Daniel Newhoff (Director, Public Facilities): 2068 is correct. The Hyatt's lease -- Vice Chair Sarnoff. I did get it right. Mr. Newhoff. -- with all options expire in 2068. Vice Chair Sarnoff. Correct. So this is pursuant -- so we have obligations under that lease to do -- does this capital -- is this capital improvements? Mr. Newhoff. I'm sorry. Dan Newhoff Public Facilities. This is a capital improvement. At this time the City ofMiami owns this equipment. The lease specifically states that the City owns it and will provide working water, electricity, chilled hot water to the Hyatt. Vice Chair Sarnoff. Okay. So this is our obligation and an obligation we will have all the way until Commissioner Suarez's grandkids pretty much are out there? Mr. Newhoff. That's correct. Vice Chair Sarnoff. Okay. Commissioner Gort: And I'll be watchingfrom upstairs. Vice Chair Sarnoff. I think you andl both will be watching from upstairs. Commissioner Gort: Question. Chair Suarez: There's -- go ahead, Commissioner Gort. Commissioner Gort: The question that I have, at one time I remember FP&L (Florida Power & Light) build a facility right next to the Northeast 2ndAvenue and the expressway. It was a chiller. And the idea they build that is to be able to provide chiller services throughout downtown Miami and all that. Did we look into that? I guess it's kind of late now, but -- Mr. Sosa: We're not familiar with that installation. No. Commissioner Gort: Are you familiar with it? Mr. Newhoff. Are you talking about the Miami -Dade County chilled water plant right there on the corner of --? Commissioner Gort: No, no. This was built by FPL to provide service to the new existing buildings. City ofMiami Page 96 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Mr. Sosa: Did it have a co -generation plant and that kind of thing? Is that what you're talking about? Commissioner Gort: Yes. Mr. Sosa: Or you're talking about the TECO (Tampa Electric Company) plant over by 395? Commissioner Gort: By 395. Mr. Sosa: Oh, the TECO plant is currently owned by Miami -Dade County. They bought it and they provide chilled water for like the American Airlines Arena. Commissioner Gort: Oh, the County bought it? Mr. Sosa: Yes. Commissioner Gort: Oh, okay. No wonder we can't get -- Chair Suarez: There's a motion by Commissioner Sarnoff -- Vice Chairman Sarnoff, second by Commissioner Gort. All in favor, signin, by saying "aye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. RE.9 RESOLUTION 11-01227 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Management and ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $80,500, FOR Budget IN -KIND SERVICES ASSOCIATED WITH THE 2012 GOOMBAY FESTIVAL BEING HELD JUNE 2 AND 3, 2012; ALLOCATING FUNDS FROM THE NON -DEPARTMENTAL ACCOUNT FESTIVALS RESERVE CODE NO. 00001.980000.548000.0000.00000. 11-01227 Summary Form.pdf 11-01227 Legislation.pdf Motion by Commissioner Gort, seconded by Chair Suarez, 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-12-0016 Chair Suarez: RE.9. Daniel Alfonso (Director, Strategic Planning, Budgeting and Performance): Is that Goombay? Chair Suarez: Yes. Mr. Alfonso: Oh. We have $75,000 left. The request is for 80. So we would have to adjust it to 75,000. In any case, I've talked to the police department and the Manager and everybody and we feel that the number will be lower. So if you do it "not to exceed, " it will certainly not exceed. Chair Suarez: Is there a motion? It's your district, right? City ofMiami Page 97 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Vice Chair Sarnoff. It is. I -- andl hope somebody would move it. Commissioner Gort: Move it. Chair Suarez: It's been moved by Commissioner Gort. Is there a second? Commissioner Carollo: Hold on. I want to hear from the district Commissioner. What -- Chair Suarez: He -- Vice Chair Sarnoff. My issue is -- Chair Suarez: -- wants you to move it above his objections basically. Vice Chair Sarnoff. No. I under -- because I don't want to be inconsistent in what I'm saying. Chair Suarez: Yeah, I understand. Vice Chair Sarnoff. I -- Chair Suarez: Yeah. Vice Chair Sarnoff. Look, this is a festival that -- let me try to give you a little bit of background. It's a festival that owes the City ofMiami about $240, 000I believe by a actual promissory note. Chair Suarez: Second. Vice Chair Sarnoff. Having said that, we were able to get them $30, 000 last year from private donations. They had a smaller festival. The number you're seeing here is what I would characterize as the larger festival. I didn't go last year. I could tell you that I was told about 500 people went. This is a festival that is important to the West Grove, Village West, butl -- in my heart of hearts, I can't do something in my neighborhood when I voted for something against it in somebody else's neighborhood, and it's not a neighborhood thing. It's a philosophy issue. Commissioner Carollo: Mr. -- Chair Suarez: I passed the gavel to second it, so you're the Chairman now. Vice Chair Sarnoff. Oh, I'm sorry. You're right. So we have a motion. We have a second. Any further discussion, gentlemen. Commissioner Carollo: Yeah. The only thing is that's why during the actual budget hearing when we allocated an "X" amount, I asked why this amount, you know. We allocated "X" amount for it andl was like, okay, what makes up that amount. Why are we allocating this amount? I know for a fact the two parades that I think we definitely need to fund is Three Kings and Martin Luther King. But there's money left over; what's it for? What -- you know -- Chair Suarez: But -- Commissioner Carollo: And again, it was 3 o'clock in the morning, you know. We said well, we'll figure it out later, andl said -- Chair Suarez: Yeah. And my issue is I know that we feel a very profound connection to Three Kings Parade and to Martin Luther King, but there's no -- you know, no events in District 4, you City ofMiami Page 98 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 know, that -- and there are events in District 4, but there's none that we can allocate funds to if we're -- if we just take that approach. Andl think what happens is -- and it did happen this year. People come in with different kinds of events, like the ING, for example, and say why not our event. Plus we have an economic impact, so you know, it's -- it just -- it doesn't make a lot of sense. It's hard for us to defend our actions, you know. And told the promoter, who's someone I know very well, listen, I'm sorry. You know, we budgeted money. The money's basically exhausted, and we're not going to spend any more money on it. And I'm sure that this Commissioner is not going to want to spend any more money on it this year. So we're going to rework it. I'm going to, you know, use you as an example. We're going to try to rework this thing so that next year it's a little fairer. Vice Chair Sarnoff Agree. All right, so we have a motion. We have a second. Any further discussion? Hearing none, all in favor, please say "aye." Commissioner Carollo: Aye. Chair Suarez: Aye. Commissioner Gort: Aye. Vice Chair Sarnoff Register one no. RE.10 RESOLUTION 11-01240 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Management and ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $9,500, FOR Budget IN -KIND SERVICES ASSOCIATED WITH THE 2012 JOSE MARTI PARADE BEING HELD JANUARY 28, 2012; ALLOCATING FUNDS FROM THE NON -DEPARTMENTAL ACCOUNT FESTIVALS RESERVE CODE NO. 00001.980000.548000.0000.00000. 11-01240 Summary Form.pdf 11-01240 Legislation.pdf DISCUSSED Chair Suarez: Commissioner Carollo, you're recognized for your items. Commissioner Carollo: There's one item that I want to bring up is RE.10, regards to Jose Marti Parade. First of all, again, I was not -- well, no. Let me rephrase that. The Manager reached out to me stating that he received a letter or an e-mail (electronic) from the Mayor requesting help with regards to this parade. And since it's, you know, in District 3, he, you know, addressed it to me and he sent me the e-mail. This is one of those that I sort of side with what Vice Chairman Sarnoff had said, where, you know, I would like to, you know, use some private funding and not really abuse the system. I've been able to, you know, discuss with the various department heads, the police department, our City Manager, Danny, and this is something that have said. I think, you know, we could bring down these costs tremendously. And instead of 95 - - 9,500, I think we've brought it down $7,000. I think we're about 2,500? Daniel Alfonso (Director, Strategic Planning, Budgeting and Performance): Just 2,000 now. Commissioner Carollo: We're in about 2,000? So with that said -- I know it's well within our budget that we allocate it, but you know -- and even then, I -- Vice Chair Sarnoff Can I tell you something? City ofMiami Page 99 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Chair Suarez: Well, let me just say something before you say something 'cause we are actually short. We're going to be short. If we allocate the full amount of Goombay and Jose Marti, we're going to be short. Commissioner Carollo: Well, that's what I'm working on. Chair Suarez: Right. Commissioner Carollo: That's exactly what I'm working on. Chair Suarez: Exactly, right. Commissioner Carollo: And I'll be honest with you. I really think that if you really see what was budgeted for Three Kings Parade, we actually could find some savings there too. I just really need to dig in there and so forth. And here you see it from $9, 500. We cut it $7, 000 real quick and we're down to $2, 000 -- 7,500. So what I'm saying, believe me, as an accountant -- Chair Suarez: A lot of fat. Commissioner Carollo: -- I'm telling you, it's there. Now I have to also state this isn't without the help of you know, the Police Chief the Budget director, the City Manager, and so forth that, you know, we all put our heads together and we say, hey, what can we do this and there's a savings if we do it like this. And also I have to state that Luis Cabrera was definitely there also, and you know, we put our heads together, and you know, it's all been a team thing, and you know, we've been able to reduce the cost to $2, 000. You know, even $2, 000, I would like to see, you know, private sector, if we could, you know, come in and -- what I'm afraid of is that, you know, the parades around the corners are maybe for this year. I would ask -- Vice Chair Sarnoff. I will make a commitment, because of what you just did, to raise $1, 000 for you. Commissioner Carollo: Okay. And if that's the case, I will raise the other thousand and we won't have to take this up and we'll be able to help this parade without using any City funding. Chair Suarez: Okay. So that item is going to be then withdrawn. Mr. Alfonso: Thank you. Vice Chair Sarnoff. Can I just make a comment? Chair Suarez: Sure. Vice Chair Sarnoff. That's the way it's supposed to work. I mean, that's -- I'm sorry. I just -- it's very hard to approve monies -- we did $50, 000; you don't even know where it's going to, what it's going for. And you know, just five papers, you would have felt more comfortable. It is going to pay for this vending service. It is going to pay for these tables. It is going to pay for these candles. It is going to pay for this person's salary to do this. Just be transparent about it. You know, I'm going to put the elephant right on -- right here. You can't have different standards for different issues. You have to govern with the same standards, with the same objective criteria. You have to have some objective criteria, that is, backup documentation. You're allowed to make a subjective heart strung vote. Chair Suarez: Decision. Vice Chair Sarnoff. You're absolutely entitled to do that. And you're absolutely entitled to say, City ofMiami Page 100 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Commissioner Sarnoff, you just don't understand the cultural value to this. That is a fair statement to make. But what you don't get to do, in my humble opinion, is you just don't get to say where's your objective criteria for this issue and no, there's none for this one. Chair Suarez: Commissioner Gort. Commissioner Gort: Mr. Chairman, I've been talking to the Administration, especially the police. And special events, sometimes we charge too much. I think I've talked to the Chief and he's working real hard with his individuals to make sure that the -- we can lower the costs of all the special events that we have that we provide from the City. Let's face it, we have lost quite a few events. We cannot afford to continue to lose events. Andl agree with you, I think all of us, if we get together, we can raise the money from the private sector to help some of the individuals or some of the neighborhoods that do not have the ability. I think if we work together, we can raise the money, and I think that should be our target for next year. Chair Suarez: Thankyou, Commissioner. Commissioner Carollo: And Mr. Chairman and Vice Chairman Sarnoff, that doesn't mean thatl still don't believe in the Three Kings Parade and still don't believe in -- that it is a service. Just like we have events in our parks, this is an event for the community, the Three Kings Parade, and so is this. But you know, it's hard because yes, how do you choose one and so forth. You know, the reason I'm so passionate about the Three Kings is because realistically, if it wasn't for my parents and that parade, I really wouldn't know about the Three Kings. And you know, when I travel to Spain, it's like such a big event. I think it's part of our culture. And you understand what I'm saying? But at the same time -- Vice Chair Sarnoff. But you get -- Commissioner Carollo: -- I don't want to abuse the system. Vice Chair Sarnoff. Correct. Commissioner Carollo: I -- you understand what I'm saying. So it's not like I don't sit here and I don't listen to my colleagues. And that's why here, you know, I work with the Administration, with special events. I didn't mention them. I definitely want to mention them. You know, and we've all worked together to find ways and, you know, try to use the least amount of City funding for this and -- Vice Chair Sarnoff. I can sing your praise for what you just did in RE.10 for the rest of this Commission and that's not what I'm here to do. All I'm -- what I was trying to say maybe inarticulately is you get to make the cultural statement as long as you give me the backup of what it's being spent on. You get to make that statement. Andl get to vote against it. I get to vote for it. And that's the collegial nature -- and no bad feelings at all, and I don't think there are any. But you have to have -- this $85, 000 is going to these services, and these people are being paid and they should be paid and et cetera. And yes, I'm voting on this because there's a cultural community tie that you'll never understand or you can't appreciate or please try to appreciate. You get to make those statements and you get to make those valuations. But I think get to see documentation. That's my point. Chair Suarez: Thankyou, Vice Chair. You know, I don't want to re -litigate this issue because we've been kind of going around it a million times. And Commissioner Carollo wasn't here when we allocated the money for the candlelight vigil. But you know, basically, what we said and we're discussing now is we need to change the way we do this regardless of whether you agree or disagree with, you know, what we've done in this year, you know. Andl was explaining the evolution of it. One year, you know, we paid these things without coming to Commission. The City ofMiami Page 101 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 next year we said, listen, we're going to budget "X" number of dollars. The problem with that was once we said that, it was like opening up a for sale sign. Commissioner Carollo: Yes. Chair Suarez: And then everybody started coming to the City, 'cause I got the calls. I don't know if you guys got the calls. Commissioner Carollo: Absolutely. Chair Suarez: But I got the calls saying hey, why not my event. Why not my -- so we have to do it differently, you know. I don't think you can compare the Jose Marti $2, 000 to the 80 -- you know, $90, 000 -- Commissioner Carollo: Right. Chair Suarez: -- you know. I agree -- by the way, I've done that because I knew this wasn't going to be available for my district, and you know, I've had to raise money for a variety of different organizations or try to raise money for them so they can pay their fees to the City and I've done it all privately. I haven't -- you know, it's been -- so you know, I agree that -- on things where there's a lower threshold, we should -- it's on us. I think it should be on us to try to find ways because we have the resources to do that. But you know, when it's a big, big festival, it's tough, and we don't want to lose it. The issue is we don't want to lose -- Commissioner Carollo: No, no, no. Chair Suarez: -- an event like that. We can't afford as a community -- you know, with everything we've done and everything we've done today on the Believe campaign, you know, we cannot afford to take a step back culturally or do anything that harms the soul of this city. So anyhow, that's my two cents on that. I think it's been -- has it been moved and seconded? Priscilla A. Thompson (City Clerk): No, no. What -- Commissioner Carollo: It doesn't have to. Chair Suarez: Oh, that was withdrawn, yeah. Ms. Thompson: No, no. I want to make sure. Because you discussed it, all right, there'll be no action taken, not withdrawal because you did have discussion on the item, okay. Commissioner Carollo: Okay. Chair Suarez: It will not come back? Commissioner Carollo: But we don't have to do anything. Ms. Thompson: No act -- Commissioner Carollo: Perfect. Ms. Thompson: -- we'll show it as no action taken. It was just a discus -- Chair Suarez: But it will not come back? Ms. Thompson: No, it will not come back. City ofMiami Page 102 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Chair Suarez: Okay. RE.11 RESOLUTION 11-01233 Districts- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $50,000, Michelle ASSOCIATED WITH 2012 DR. MARTIN LUTHER KING, JR. CANDLELIGHT Spence -Jones VIGIL BEING HELD IN APRIL, 2012; ALLOCATING FUNDS FROM THE NON -DEPARTMENTAL ACCOUNT FESTIVALS RESERVE CODE NO. 0001.980000.548000.0000.00000. 11-01233 Legislation.pdf 11-01233-Submittal-Amendment to RE.11 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Spence -Jones Noes: 1 - Commissioner(s) Sarnoff Absent: 1 - Commissioner(s) Carollo R-12-0018 Chair Suarez: Do you want to start RE.11 now? Commissioner Spence -Jones: Yes, sir. Chair Suarez: RE.11. Commissioner Jones [sic], you're recognized on RE.11. Commissioner Spence -Jones: Thank you, Mr. Chairman. I just wanted to bring this issue up on this particular agenda. As you know, when we had our discussions back during budget, the one thing that we talked about, especially when we were trying to figure out how we were going to address these parades and events, you know, part of my discussion on the record that really wanted to kind of make clear the two main things that were really important to my district was the MLK (Martin Luther King) Parade, which while I was out of town, I appreciate you guys' support on that. I believe you voted on two items, that and the Three Kings Parade. Chair Suarez: Yep. Commissioner Spence -Jones: And we'll be participating with our Believe T-shirts this weekend in both parades, so I'm very excited about that. The second thing was the death of Dr. King. We've been doing this in the heart of City ofMiami on MLK Boulevard for -- I believe since 19 -- since 2004, and it's basically a candlelight vigil in honor of Dr. King and individuals from all over participate and it's very peaceful march we have in the beginning and then there's motivational speakers. So we've had everything from Dr. King's daughter and son that have come in to national speakers. So I just wanted to make sure -- I am making this a part of our Believe initiative in all of the efforts that we're doing on MLK Boulevard I just wanted to make sure that I have the support on the item. I do have the amended resolution. I -- Budget is here, 'cause I know there was a question. I'm sorry. You guys okay? Okay. Just to make sure that we're clear. I believe -- usually what we do -- it is a combination of in -kind and regular services. And I just wanted to -- I don't know if I'm to provide you with the amended resolution. I just wanted to make sure you put on the record that this is an annual event that does take place or has taken place. The two years that I've been out, it has not, okay, but prior to the time me being here, even before I got into office, this was something that was very important to the community. So I just want to make sure that I have that support from my fellow colleagues on this issue. City ofMiami Page 103 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Chair Suarez: Is that a motion? Commissioner Spence -Jones: Yes. Chair Suarez: Motion from Commissioner Spence -Jones. Is there a second? Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. Any discussion from the members of the board? Vice Chair Sarnoff. I'm just going to reiterate my position with regard to parades and this whole issue. It is not because I oppose or any way detract from Dr. Martin Luther King or anyone else, Jose Marti or Goombay or any other issue. I just happen to believe government's function is not to be in the business of parades. Andl would also suggest to the Commissioners that if you want to give money to people, you would do challenge grants. Equally the only document that we have for what the $50, 000 for is a one page document. It doesn't demonstrate a budget. It doesn't demonstrate what it's for. I'm not sure this is the way we should conduct ourselves. I've said it before on the record. It is not to detract from Dr. King in any respect whatsoever. I would make the same commitment once again. I would give $1, 000 of my own money and I would raise $10, 000 to do it. Chair Suarez: Thank you, Mr. Vice Chair. Any further discussion? Commissioner Spence -Jones: No. I just -- andl appreciate your viewpoint. Andl think it's really important -- this is probably a bigger discussion, Commissioner Sarnoff. Andl know we can't do it all tonight because I got to be there in a little bit. But think that we do need to look at, from a Commission standpoint, on how we address the issue because to my understanding, it's not just even this event. There are other key things that are vital to the City. ING (International Netherlands Group), I believe that's very important. That brings in thousands of people to, you know, the City ofMiami. Vice Chair Sarnoff. Forty-two million dollars. Commissioner Spence -Jones: Right, you know. Chair Suarez: Huge economic impact. Commissioner Spence -Jones: And guess what, we should be able to support them in some way. You know, the businesses are benefitingfrom it, parking is benefitingfrom it, hotels are benefiting from it. So I just hope that in the midst of all of this, you know, we figure out a way to address this. And honestly, after looking at the numbers, I really don't believe surtax is going to be able to take care of it either. It's a start, but it's not going to take care of it either. So you know -- andl see Monty Trainer here, and we all know what the Grove -- what the festival does for the Grove, the number of people that attend that festival. The hotels are packed, the roads are packed, the vendors are happy, the -- I mean, so -- and it's not just for Grove people. The Coconut Grove Arts Festival is for people all over Dade County and outside of Dade County, and they never ask for anything. So my point is -- but I think that we should be supporting them. So I don't -- I think today's press conference should be the beginning of us finding a unified way of helping each other and not looking at anything from the standpoint of us pitting one group against the other 'cause that's not what this is about, you know. It's beautiful that you can pick up the phone, honestly, from your district and raise $10, 000. City Attorney can tell you it's a struggle for me to do that 'cause I don't have those kind of resources in my district. And then not only that, I have to be very -- we all have to be very careful about asking people to raise money for organizations, you know. Me doing that created a whole situation I had to deal with, so I'm just very mindful about every single thing that I do. So I think that it's important that the City ofMiami Page 104 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 organizations that we do support do, you know, reach out and try to raise money outside of city government, but sometimes we -- in certain neighborhoods, we do have to give them a leg up in order for it to happen. So with that being said, I'm going to read the amended resolution. Do I need to read that into the record? I've already said it, but do I need to read it in the record, Madam City Attorney? Julie O. Bru (City Attorney): You don't have to. Commissioner Spence -Jones: Okay. Just want to make sure. Okay. All right, so with that being said, can I move on to my last item? Chair Suarez: Wait. We haven't voted yet. You have -- Commissioner Spence -Jones: Oh. Priscilla A. Thompson (City Clerk): You need to vote. Commissioner Gort: Wait, wait, wait. Commissioner Spence -Jones: Oh. We did vote. Chair Suarez: One thing want to say. I don't think we voted, have we? Ms. Thompson: No. Chair Suarez: No. Andl have one thingl want to say on the item as well. Commissioner Spence -Jones: Sure. Chair Suarez: Thank you. You know, I didn't get a chance to debate the first time we discussed the surtax, and I'm going to try to keep my comments on this issue apart from the surtax because I think that's a totally different thing, andl think l fall somewhere in the middle between the way both of you feel on this issue. I do believe that these kinds of events are critical and important, essential to the lifeline and the spirit of the City ofMiami and so I do think they're eligible and we should find funds to support these events. Now having said that, there's a couple things that I also want to say, which is that this has been kind of an evolution. The last year apparently there was some concerns that the Administration had spent monies without coming to the Commission, so that's how we got here. Commissioner Spence -Jones: Okay. Chair Suarez: Then what we did was -- and you were here for this part -- we actually budgeted "X" number of dollars -- $250, 000, 275 for the parades themselves. In doing that, I think that was a very fiscally prudent thing for us to do in terms of like forecasting and making sure that sure that we don't spend, you know, more money than what we've allocated for this. At the same time, what we did was we basically put out a sign to the public saying, hey, you know, we're giving out money so everybody who wants money, come get it. And then, of course, as with any kind of offer like that, the money runs out very, very quickly, as we've seen here. I think we actually -- we may actually be over budget so we need to talk about that as well. We run out of money quickly and then people feel left out and they say, well, why not my event. Andl think you brought up a very good example, which is ING. I got a call from the executive director, who I've known for a long, long time, and he was saying, look, you know, my event not only is it -- has it become like a cultural event because it's been around for such a long time, but it has a tremendous economic impact. So you know, the way I would like to see it done in the future -- and by the way, there's another part of this that, you know, I want to mention, which is that City ofMiami Page 105 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 District 4 gets -- is getting zero dollars of the money that's been allocated in -- And so I think we need to do is go back to the way we used to do this, which is restructure it such that each district gets a certain amount of money for events, very broad, you know, so -- you know, if it's a parade, it can be a parade. If it's a run, it can be a run. If it's a festival, it can be the festival. In my case there's a lot of different -- in my case there's no big events, but there's a lot of small events, you know, where it's like 2,000 here, you know, 10,000 there, you know. So you know, I think -- I'm going to support this. I'm going to support it this year. I would like to have seen more backup, to be completely honest with you. It would have been nice if there would have been a little bit more backup on this. But you know, in deference to your request, I'm going to support this -- Commissioner Spence -Jones: Thank you. Chair Suarez: -- but I think we can do it better. Commissioner Spence -Jones: Yeah, I agree with you. In the very beginning from the City's perspective, we did -- when I first got in office, we did have allocations per district and think that that was extremely important -- Chair Suarez: Right. Commissioner Spence -Jones: -- that, you know, we maybe perhaps look at the same thing. But here's a perfect example, Three Kings -- I'm going to give you a perfect example. Three Kings, even though it may be in somebody's district, it's still very much a part of your culture -- Chair Suarez: Absolutely. Commissioner Spence -Jones: -- Gort's culture and Carollo's culture. Chair Suarez: And by the way, what mean by that is there may be circumstances or or years where I, District 4, has to be the donor -- a donor district. In other words, we're donating -- like you said, donating money to something that's technically in District 3, but it really impacts District 4 and District 1 or whatever. I don't have a problem with being a donor district. What do have a little bit of problem is when somebody comes and ask me -- and I'll give you an example, the Boy Scouts -- Commissioner Spence -Jones: Yeah. Chair Suarez: -- which have an annual event at Robert King High Park, and they usually come asking for a few thousand dollars, you know, nothing big, nothing more than $5, 000. And I don't really have -- I mean, I was able to find a pot of money that was eligible for that use, but you know, I kind of feel bad when we're allocating all these funds to all these districts and to all these very worthy events and then I can't even give a couple thousand dollars to the Boy Scouts. You know what I mean. So anyhow -- Vice Chair Sarnoff And then, Mr. Chair, on the equitable situation you're talking about, I was voted down by this Commission when I wanted to give access to the American Parkinson's Foundation for $1, 500. This Commission voted it down. And that is an organization that's -- Chair Suarez: That's true. Vice Chair Sarnoff -- dedicated to the cure of a disease. Chair Suarez: You weren't there. City ofMiami Page 106 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Commissioner Spence -Jones: I wasn't here so -- Chair Suarez: Yeah, you weren't here. Commissioner Spence -Jones: -- you know I would have -- Commissioner Gort: You weren't -- Commissioner Spence -Jones: -- never voted that down. Chair Suarez: You weren't here. He's absolutely right, we definitely did vote him down. And in that particular fiscal year, I think we sent a very strong message to everyone in the community that we were not going to do any kind of waivers whatsoever. Vice Chair Sarnoff. And my only reason for bringing it up is just to demonstrate the consistency of my stance. Chair Suarez: Absolutely. Commissioner Spence -Jones: Yeah. Chair Suarez: I hear you. It's been moved and seconded. All those in favor, signin, by saying "aye." Commissioner Spence -Jones: Aye. Chair Suarez: Aye. Vice Chair Sarnoff. No. Commissioner Spence -Jones: Andl -- Priscilla A. Thompson (City Clerk): And -- Commissioner Spence -Jones: -- and I'm just going to go ahead and read the amended resolution. Chair Suarez: Madam Clerk, can you register Commissioner -- Vice Chairman Sarnoff as a no, please, on that vote. Ms. Thompson: -- the records will reflect it is a modified resolution. Commissioner Spence -Jones: Right. Chair Suarez: Yes. Commissioner Spence -Jones: Okay. RE.12 RESOLUTION 11-01242 City Manager's Office 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 INSTALLATION OF DECORATIVE City ofMiami Page 107 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 PEDESTRIAN CROSSWALKS ALONG STATE ROAD 5/BRICKELL AVENUE FROM SOUTH OF SOUTHEAST 25TH ROAD TO SOUTHEAST 5TH STREET, MIAMI, FLORIDA. 11-01242 Summary Form.pdf 11-01242 Pre-Legislation.pdf 11-01242 Legislation.pdf 11-01242 Exhibit 1.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-12-0017 Vice Chair Sarnoff. Anybody mind ifI do a really quick appointment to a board? Chair Suarez: Go. Vice Chair Sarnoff. Steve -- move Steve Feldman to -- Priscilla A. Thompson (City Clerk): I'm -- Commissioner Gort: Wait a minute. Ms. Thompson: I'm sorry. Commissioner Gort: What's left? Ms. Thompson: I'm sorry. Vice Chair Sarnoff. I shouldn't. Ms. Thompson: No. We have some board appointments. Do you want to wait till we get to that section or --? Vice Chair Sarnoff. Aren't we done? Ms. Thompson: No, no. We have RE.12, don't we? Vice Chair Sarnoff. Oh. Chair Suarez: Okay. Vice Chair Sarnoff. RE.12. Chair Suarez: Well, we may lose quorum at some point, so -- Vice Chair Sarnoff. RE.12. Chair Suarez: We're on RE.12. You want to do that before the BCs (Boards and Committees)? Commissioner Carollo: (UNINTELLIGIBLE) RE.12? Chair Suarez: No, you're good. You're good. No, no, no. City ofMiami Page 108 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 BC.1 11-01204 Commissioner Gort: We got another one we waived. We need a four fifths. Chair Suarez: Yeah. We got it already. Vice Chair Sarnoff. Thanks. Chair Suarez: We got the -- Commissioner Gort: Two of them that had four fifths. Okay. Chair Suarez: What else has a four fifths here? Oh, there's a -- you mean a board? Do you have a board? Commissioner Gort: No. That's all right. He's gone. Never mind. Chair Suarez: Is it your board? Vice Chair Sarnoff. Go ahead. Commissioner Gort: No. That's all right. Nzeribe Ihekwaba (Director, Public Works): RE.12 is a resolution to authorize the City Manager to execute a maintenance agreement with FDOT (Florida Department of Transportation) for the installation of decorative pedestrian crosswalks along Brickell Avenue from south of 25th Road to Southeast 5th Street. Currently the City ofMiami has a maintenance agreement with FDOT What this agreement does is to supersede the existing one by adding additional locations of crosswalks and changing the material of construction from pavers to some higher rate material that is going to be resin based that will be subject to additional testing. It will require the City ofMiami to have a contractor in place that's going to conduct and mandate three friction testing after a five-year warranty period. The type of stamped asphalt material that is going to be used will enable us to be able to make tremendous savings in the interim period of five years. We've estimated an annualized cost of $11, 200 for the maintenance costs at the sixth year. So right now between that and when the construction is done and the warranty period kicks in, there's no fiscal impacts. Vice Chair Sarnoff. So moved. Chair Suarez: It's been moved -- Commissioner Gort: Second. Chair Suarez: -- by Vice Chairman Sarnoff, second by Commissioner Gort. All in favor, sign by saying "aye." The Commission (Collectively): Aye. Chair Suarez: I'm passes unanimously. END OF RESOLUTIONS BOARDS AND COMMITTEES RESOLUTION City ofMiami Page 109 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 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 FOR A TERM DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Othon Castenada Mayor Tomas Regalado 11-01204 Arts CCMemo.pdf 11-01204 Arts Current Members.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-12-0019 Chair Suarez: Now, you know, Vice Chair, ifI may, what I'd like to do -- and l just want you all to know, I'm going to try to figure out a way to streamline the boards because this -- Commissioner Gort: Yes. Chair Suarez: -- process takes forever and it's cumbersome, et cetera. So I haven't figured that out yet and I'm working with the Clerk's office to do it. But she claims that if we go one by one, it will be faster than the -- whatever I devise, which I highly doubt, but we're going to test it. So she's going to go one by one. We're going to time it. And then I'm going to devise a method which will beat it tremendously by many, many minutes. So Madam Clerk, you're recognized. Priscilla A. Thompson (City Clerk): Before we start the timer, I'd like the Chair to know that you might not want to do it on this one because most of them will not be acted on. I don't want to think -- I don't want you to think I'm cheating you. Chair Suarez: Let's give it a shot. Let's see. Let's give it a shot. Ms. Thompson: Okay. Vice Chair Sarnoff. And to give you guys some motivation, at 7 o'clock I'm coming off this dais. Ms. Thompson: Okay. Chair Suarez: There you go; we lose quorum so let's go. Ms. Thompson: On BC.1, your Arts and Entertainment Council, I have a name proffered by the Mayor to reappoint Othon Castenada. Vice Chair Sarnoff. I would waive -- Ms. Thompson: Is there anyone else --? Vice Chair Sarnoff. I'll waive my appointment. Ms. Thompson: Okay. City ofMiami Page 110 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Chair Suarez: I have no appointment. Ms. Thompson: Motions? Vice Chair Sarnoff. So moved Castenada. Chair Suarez: It's been moved by Vice Chair Sarnoff -- Commissioner Gort: Second. Chair Suarez: -- second by Commissioner Gort. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Chair Suarez: Unanimous. 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 11-00991 Bayfront Park CCMemo.pdf 11-00991 Bayfront Park Current_Board_Members.pdf NO ACTION TAKEN Chair Suarez: BC.2. Priscilla A. Thompson (City Clerk): No action taken on BC.2; is that correct, Chair? Chair Suarez: Yes. I have no appointees. Is there any other member that has an appointee? Ms. Thompson: No. Commissioner Gort: Nope. Chair Suarez: No action taken on BC.2. BC.3 RESOLUTION 11-01056 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Aaron Zeigler Commissioner Michelle Spence -Jones City ofMiami Page 111 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 11-01056 CEB CCMemo.pdf 11-01056 CEB Current Members.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-12-0020 Priscilla A. Thompson (City Clerk): On BC.3 I have a name proffered by the Mayor for -- I'm sorry, a name proffered by Commissioner Michelle Spence -Jones, Aaron Zeigler. Chair Suarez: Is there a motion? Vice Chair Sarnoff. So moved. Commissioner Gort: Move it. Chair Suarez: Moved by Vice Chairman Sarnoff, second by Commissioner Gort. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Ms. Thompson: And the Commission at -large has no names to proffer, correct? Chair Suarez: Commission on the Status of Women, you mean, BC.4? Ms. Thompson: No, no, no. Commissioner Gort: No, no. Ms. Thompson: You have -- Chair Suarez: Oh, no. No. Ms. Thompson: Thank you. Chair Suarez: I'm assuming not if no one speaks up. Ms. Thompson: Okay. Thank you. BC.4 RESOLUTION 11-01205 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 FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Jenny Guzman Commissioner Wifredo (Willy) Gort City ofMiami Page 112 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 11-01205 CSW CCMemo.pdf 11-01205 CSW Current Members.pdf Motion by Commissioner Gort, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-12-0021 A motion was made by Commissioner Gort, seconded by Vice Chair Sarnoff, and was passed unanimously, with Commissioner Spence -Jones and Commissioner Carollo absent, to remove Sira D. Galan from the Commission on the Status of Women. Priscilla A. Thompson (City Clerk): On BC.4, Commissioner Gort. Commissioner Gort: Yes. Ms. Thompson: You have -- this is your Commission on the Status of Women. Commissioner Gort: Correct. Ms. Thompson: Your question to me earlier was about the attendance of your board members. Commissioner Gort: Right. Ms. Thompson: You'll see there that Ms. Sira Galan has missed four consecutive absences so that -- Commissioner Gort: I move to remove that appointment. Vice Chair Sarnoff. Second. Chair Suarez: It's been moved by Commissioner Gort, second by Commissioner Sarnoff. All in favor, signift by saying "aye." The Commission (Collectively): Aye. Ms. Thompson: You're removing her from the board so you -- Commissioner Gort: From the board. Ms. Thompson: -- will have a vacancy. Commissioner Gort: I will appoint Jenny Guzman. Vice Chair Sarnoff. Second. Chair Suarez: It's a motion to appoint Jamie [sic] Guzman, second by Vice Chairman Sarnoff. All in favor, signift by saying "aye." The Commission (Collectively): Aye. Commissioner Gort: Has my other member been attending the --? Ms. Thompson: Yes, sir. City ofMiami Page 113 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Commissioner Gort: Okey-doke. Ms. Thompson: Yes. Commissioner Gort: Okay, thank you. Chair Suarez: Any other on the Status of Women? Any other Commissioner? BC.5 RESOLUTION 11-00993 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. APPOINTEES: 11-00993 CRB CCMemo.pdf 11-00993 CRB Current_Board_Members.pdf NO ACTION TAKEN NOMINATED BY: Mayor Tomas Regalado Commissioner Frank Carollo Commissioner Frank Carollo Priscilla A. Thompson (City Clerk): On BC.5 there are -- they'll be continued. Chair Suarez: No action taken. Ms. Thompson: No action taken, correct. Chair Suarez: BC.5. BC.6 RESOLUTION 11-00994 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: NOMINATED BY: Mayor Tomas Regalado Commissioner Frank Carollo 11-00994 CTAB CCMemo.pdf 11-00994 CTAB Current_Board_Members.pdf NO ACTION TAKEN City ofMiami Page 114 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Priscilla A. Thompson (City Clerk): BC.6, no action taken. Chair Suarez: BC.6, no action taken. BC.7 RESOLUTION 11-01206 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Francis Suarez City Manager Johnny Martinez 11-01206 EAB CCMemo.pdf 11-01206 EAB Current_Board_Members.pdf NO ACTION TAKEN Priscilla A. Thompson (City Clerk): BC.7, no action taken. Chair Suarez: BC.7, no action taken. BC.8 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: Jordana Zarut Commissioner Wifredo (Willy) Gort Emanuel Washington Commissioner Michelle Spence -Jones 11-00995 EOAB CCMemo.pdf 11-00995 EOAB Current Members.pdf 11-00995 EOAB FOP Memo.pdf Motion by Commissioner Gort, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-12-0026 City ofMiami Page 115 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Motion by Commissioner Gort, seconded by Vice Chair Sarnoff, that this matter be RECONSIDERED 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 Gort, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones Priscilla A. Thompson (City Clerk): On BC.8, Commissioner Michelle Spence -Jones has proffered the name ofMr. Emanuel Washington as her choice. Commissioner Gort: Move it. Vice Chair Sarnoff. Second. Chair Suarez: Moved by Commissioner Gort, second by Vice Chairman Sarnoff. Any additional appointments to this board? All in favor, signin, by saying "aye." The Commission (Collectively): Aye. [Later..] Chair Suarez: I need a motion to reconsider BC.8. Vice Chair Sarnoff. Second. Ms. Thompson: No, no, no, no. Chair Suarez: No, I need a motion. Vice Chair Sarnoff. You don't need a motion. You just reconsider. Chair Suarez: Oh, we don't need a motion? Ms. Thompson: Yes, 'cause there was an appointment made. Chair Suarez: Do we need a motion? Commissioner Gort: Second. Ms. Thompson: Yes, yes. You're absolutely correct. Chair Suarez: We need a motion to reconsider -- Ms. Thompson: Yeah. Chair Suarez: -- BC.8. Commissioner Gort: Second. Vice Chair Sarnoff. Second. Chair Suarez: Moved by Commissioner Gort, second twice by Commissioner Sarnoff. We're City ofMiami Page 116 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 now reconsidering BC.8. Commissioner Gort, you have an appointment? Commissioner Gort: Jordana Carta. Vice Chair Sarnoff. Second. Commissioner Gort: C-A-R-U-T. Chair Suarez: Moved by Commissioner Gort, second by Vice Chair Sarnoff. All in favor, signin, by saying "aye." The Commission (Collectively): Aye. BC.9 RESOLUTION 11-01207 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Steve Feldman 11-01207 Finance CCMemo.pdf 11-01207 Finance Current Members.pdf NOMINATED BY: Vice Chairman Marc David Sarnoff Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-12-0022 Chair Suarez: BC.9. Priscilla A. Thompson (City Clerk): BC.9, we have -- Vice Chair Sarnoff. Steven Feldman. Commissioner Gort: BC.8. Chair Suarez: I'm sorry. I think there was a motion to make an appointment by Commissioner -- Vice Chairman Sarnoff of --? Ms. Thompson: Steve Feldman. Vice Chair Sarnoff. Correct. Chair Suarez: Second? Commissioner Gort: Second. Chair Suarez: By Commissioner Gort. Any further appointments to this board? Commissioner Gort: Which -- I'm sorry. City ofMiami Page 117 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Chair Suarez: Finance. Vice Chair Sarnoff. BC.9. Chair Suarez: Finance Committee, BC.9. Commissioner Gort: Okay. What happened to BC. 8? Chair Suarez: We passed it. You want to go back to it? Commissioner Gort: Yes, please. Chair Suarez: Okay. All in favor on BC.9, sign y by saying "aye." The Commission (Collectively): Aye. BC.10 RESOLUTION 11-00997 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: NOMINATED BY: Chairman Francis Suarez Commissioner Frank Carollo 11-00997 Health CCMemo.pdf 11-00997 Health Current_Board_Members.pdf NO ACTION TAKEN Chair Suarez: BC.10. Priscilla A. Thompson (City Clerk): Hold on. Okay. I'm sorry. My staff is -- Chair Suarez: You guys are slowing yourselves down. You guys are four minutes in. Vice Chair Sarnoff. You guys are bobbling the ball. Ms. Thompson: It's fine, it's fine. My countdown is going on. They'll take care of it. Chair Suarez: You guys are four minutes in. You guys keep fiddling around, messing around. Vice Chair Sarnoff. You guys are bobbling the ball. He's going to kill you. He's going to beat you so bad. Ms. Thompson: We've done -- I think we've completed BC.10. Chair Suarez: You -- I'm going to help you out. You're on BC.10 right now. Ms. Thompson: I thought we were finished Yes. City ofMiami Page 118 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 BC.11 11-00998 Office of the City Clerk (BC.11) 11-00998a Office of the City Clerk Chair Suarez: No. Just tell me no action on BC.10. Ms. Thompson: No action -- Commissioner Gort: No action. Ms. Thompson: -- on BC.10. Chair Suarez: There'll be no action taken on BC.10. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE/CATEGORY: NOMINATED BY: Nelson Diaz Chairman Francis Suarez (Architect - Category 5) 11-00998 HEP CCMemo.pdf 11-00998 HEP Current Members.pdf 11-00998 HEP Application Summary.pdf 11-00998 HEP Applications.pdf 11-00998-Submittal-Item BC.11 Back -Up Information.pdf 11-00998-Submittal-Current Makeup of the HEP Board.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0027 A motion was made by Vice Chair Sarnoff, seconded by Commissioner Gort, and was passed unanimously, with Commissioner Carollo absent, to change the Historic and Environmental Preservation Board (HEP) category designation for Mr. Jorge Kuperman from "Category 4 to Category 1" and to change the HEP Board category designation for Mr. Gary Appel from "Category 5 to Category 4". Direction by Commissioner Spence -Jones and Vice Chair Sarnoff instructing the City Clerk to advertise for applicants to the Historic and Environmental Preservation Board and the Planning, Zoning and Appeals Board. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE HISTORIC AND City ofMiami Page 119 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 ENVIRONMENTAL PRESERVATION BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE/CATEGORY: NOMINATED BY: Gary Hecht Vice Chairman Marc David Sarnoff (Citizen - Category 7) Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-12-0028 Chair Suarez: I'm going to -- I think Commissioner Spence -Jones may have to leave a little on the early side so I wanted to take up -- I think it's -- is it RE.11 ? Commissioner Spence -Jones: RE.11, and then I think have -- I know someone's been sitting here all day, one of my property owners, in reference to our item. Andl want to apologize to my fellow colleagues, but today is the anniversary of the quake. Andl don't know ifyou've been seeing, but they're going to be doing a march in the heart of Little Haiti, so I'm actually supposed to be cutting the ribbon andl was supposed to be there 4: 30 so I really need to at least be leaving by 6. So thank you so much, Mr. Chairman. My items are pretty quick and l just want to take up the first one. And really fast on the board appointments, how do I -- do I make those now or do I leave them with you 'cause I've been --? Vice Chair Sarnoff. Just give them to us. Chair Suarez: Yeah. Just one second. Commissioner, I think if you leave a list with the City Attorney's [sic] Office, she will inform us -- Commissioner Spence -Jones: She's going to -- Commissioner Gort: She'll inform us. Chair Suarez: Yeah, she'll inform us at the time and we'll make the motion. Priscilla A. Thompson (City Clerk): Excuse me, Chair. Chair Suarez: Yes. Ms. Thompson: The -- Commissioner Michelle Spence -Jones has submitted her list. Chair Suarez: Oh, I stand corrected. Ms. Thompson: Andl was going to let you know that so if you all -- if they want to proffer the names when the time comes. I do have your list. Commissioner Spence -Jones: That's a great team, 'cause I'm glad you got it. Ms. Thompson: Thank you. City ofMiami Page 120 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Commissioner Spence -Jones: All right. Chair Suarez: Thank you, Madam Clerk, for that clarification. RE.11. Ms. Thompson: Now, I'm -- I am sorry. Chair Suarez: It's okay. Ms. Thompson: We had a special one, the HEP (Historical and Environmental Preservation) Board. If you want to -- Chair Suarez: Oh, okay. Yeah. I'll just explain it real quick just so that she can understand what we're going to do in her absence. I guess is that what you're saying? Ms. Thompson: I think you may want to do something like that or you may even get to vote on it Vice Chair Sarnoff. Because you need five fifths? Ms. Thompson: No, no. It -- on the HEP Board, that's where we're changing -- Chair Suarez: No. There's going to be a flip-flopping. Ms. Thompson: -- categories. Chair Suarez: Right. Commissioner Spence -Jones: Yes. Chair Suarez: But my question is you just want me to inform her of it so she's not surprised later that we maybe made a move. Ms. Thompson: Exactly. Chair Suarez: Okay. Ms. Thompson: You can do your discussion part now. Chair Suarez: I'll explain it to you now. (UNINTELLIGIBLE). I wanted to nominate someone to the HEP Board. Commissioner Spence -Jones: Right. Chair Suarez: To do that without changing anything and taking off my current nominee, we have to move over two people from a category because the way that you name people to the board, they have to fit a certain category. So it doesn't affect any members that are not mine. Commissioner Spence -Jones: Yes. Chair Suarez: It just moves them over in a category and that allows me to make the appointment SO -- Commissioner Spence -Jones: Okay. Chair Suarez: They -- your members stay on the HEP Board, nothing changes. The only thing is the category changes. That's all. City ofMiami Page 121 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Commissioner Spence -Jones: And then -- just to let me ask because I have a real issue with finding -- I can't even remember what the categories are from my district, finding anyone that suits -- you know, in the historic preservation one. Chair Suarez: Yeah. What the Clerk did was they -- we asked them -- we kind of expressed a desire to nominate someone and then they said, well, he doesn't really fit that category, but if we move these two people who already fit these other two categories over, then we can put them into this category. Taking my appointee out of another category, shifting over I believe it's yours and I don't know who -- which was the other Commissioner? Ms. Thompson: Commissioner Gort. Chair Suarez: Commissioner Gort's appointee over into a different category and -- Commissioner Spence -Jones: Can you tell me what the categories are? Chair Suarez: Yeah. Commissioner Spence -Jones: 'Cause I can't find anybody to fill my categories, so I'm just curious. Ms. Thompson: Okay. The categories for the board themselves, all the categories, you have an architect who's registered in Florida, you have a landscape architect registered in Florida, you have a historian or architectural historian qualified by means of education or experience or having demonstrated knowledge and interest in Miami -Dade County history and architectural history. You have an architect or educate -- I'm sorry -- or architectural historian having demonstrated knowledge and experience in architectural restoration and historic preservation. You have an experienced real estate broker licensed in Florida, a person experienced in the field of business and finance or law. Then you have citizens. In the category of citizens, you have three of them with demonstrated knowledge and interest in historic and architectural heritage of the City and/or conservation of the natural environment, and then lastly you have an alternate member who can qualify under any one of the categories. And ifI just might, Chair, and maybe this will help Commissioner Spence -Jones too. These qualifications are set up in your ordinance, okay. That's how you get to these. And then your ordinance requires that there be an advertisement. That's how you get your applications. So individuals do have to apply. Any other questions? Commissioner Spence -Jones: So the two categories that I have now are -- Chair Suarez: I want to wait for her to finish. Ms. Thompson: Hold on, I'll tell you. Commissioner Spence -Jones: My new categories are. Ms. Thompson: Your current categories would be -- right now you have currently category 5, which would be the experienced real estate broker licensed in Florida. Commissioner Spence -Jones: Can't accomplish that. Yeah. Ms. Thompson: Okay. And your category 2 would be your landscape architect registered in Florida. That's your two current ones. What the Chair is asking for -- if you want me to go ahead, Chair? City ofMiami Page 122 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Chair Suarez: Yeah. No. I mean, just basically to move I think you said her appointees in category 5. Ms. Thompson: Right. Chair Suarez: Then to move that to category 4, which is? Ms. Thompson: Category 4 or category 1 ? Chair Suarez: I'm sorry? Ms. Thompson: Category 4 -- I'm sorry. Chair Suarez: Right. Ms. Thompson: -- is your architect or architectural historian. Chair Suarez: So what category are they movingfrom so she can understand what kind of an impact it's going to have? Ms. Thompson: Okay. Mr. Appel would be movingfrom category 5 to category 4. Chair Suarez: Right. Ms. Thompson: Okay. Chair Suarez: What's category 5? Ms. Thompson: Category 5 is your experienced real estate broker licensed in Florida. Chair Suarez: Okay. Ms. Thompson: Okay. Chair Suarez: So -- okay, that's fine, as long as Commissioner Spence -Jones is okay with it. If you're okay with it, I'll make the motion. Ms. Thompson: And if you want me to summarize, no one -- no Commission chair incumbent is leaving. It doesn't affect them. It's just that this gives the chair an opportunity to appoint a different individual for the seat that he actually has an appointment for. None of the incumbents, yours or Commissioner Gort's, will be affected. It's just switching over a category, something -- an identifier. Chair Suarez: Application, yeah. Commissioner Spence -Jones: Okay. Chair Suarez: So you're good? 'Cause I can't make the motion. Vice Chair Sarnoff I'll make the motion. Chair Suarez: Okay. Vice Chair Sarnoff I'm going to move Jorge Kuperman be moved to category number 1. In the same motion, that Gary Appel be moved from category 5 to category 4. City ofMiami Page 123 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Chair Suarez: There's a motion by Vice Chairman Sarnoff. Is there a second? Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Chair Suarez: There's another motion I think that has to be made. Vice Chair Sarnoff. Move to appoint Nelson Diaz in category 5. Chair Suarez: There's a motion to appoint Nelson Diaz by Vice Chairman -- Commissioner Spence -Jones: Second. Chair Suarez: -- Sarnoff, second by Commissioner Michelle Spence -Jones. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. Commissioner Spence -Jones: Okay. Chair Suarez: Thank you, Commissioner. Appreciate that. Commissioner Spence -Jones: No problem. I think that the one thing have to do based upon what Clerk briefed me on is a motion to readvertise to increase the applicant pool. Is that what your --? Ms. Thompson: Okay, I'm sorry. First things first. Your vote is 4-0. You have a missing individual. Chair Suarez: That's right. That's correct. Ms. Thompson: Okay. All right. Then secondly, I'm sorry. Commissioner, are you instructing me to go ahead and re -- do another advertisement for the HEP Board? Commissioner Spence -Jones: Yes, ma'am. Ms. Thompson: May I ask other Commissioners do you want me to do advertisements for any other boards? Okay, because I want to let you know -- Vice Chair Sarnoff. Finance Committee is not an advertised board. Ms. Thompson: No. I want to let you know that you probably will want to do that because of your Planning, Zoning andAppeals Board. Your applicant pool right now may not be large enough to support your next round of appointments. Vice Chair Sarnoff. So I want you to do one, the PZAB (Planning, Zoning andAppeals Board). Ms. Thompson: So you -- I'll do two of them. City ofMiami Page 124 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Vice Chair Sarnoff. Yes. Ms. Thompson: Okay. Commissioner Spence -Jones: I would like to also do PZ (Planning and Zoning) as well because I -- Ms. Thompson: Yes. That's -- Commissioner Spence -Jones: Okay, no problem. Ms. Thompson: Okay, so we'll do the HEP and the Planning, Zoning and Appeals Board. Commissioner Spence -Jones: Yes, ma'am. Ms. Thompson: Thank you. Chair Suarez: Perfect. [Later..] Ms. Thompson: BC -- Chair Suarez: BC.11. Ms. Thompson: -- 11. Chair Suarez: We already did that, the HEP Board, which was the switches. Ms. Thompson: Unless Vice Chair Sarnoff has an appointment. No. Chair Suarez: Do you have an appointment, Vice Chair, on HEP Board? Vice Chair Sarnoff. Don't I -- do I not have two sitting members? Ms. Thompson: I'm sorry? Vice Chair Sarnoff. Do I not have a sitting member? Ms. Thompson: Yes, you do, but your -- Gary Hecht, citizen, his term expired on 1/13/2012, so if you want to, you can reappoint him. Vice Chair Sarnoff. I will reappoint Gary Hecht. Chair Suarez: Motion by Vice Chair Sarnoff. Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. There's no super majority needed for this. No -- Ms. Thompson: No, no. Chair Suarez: No, Okay. Ms. Thompson: No, no. City ofMiami Page 125 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 BC.12 11-00999 Office of the City Clerk Chair Suarez: All in favor, signifi, by saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Bob Powers Henry Goa Jose Solares (Chair) 11-00999 Homeland CCMemo.pdf 11-00999 Homeland Current Members.pdf NOMINATED BY: Mayor Tomas Regalado Mayor Tomas Regalado Mayor Tomas Regalado Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-12-0023 Chair Suarez: BC.12. Ms. Thompson: BC.12, the Mayor has proffered three names. He would like to reappoint Mr. Bob Powers, Mr. Henry Goa, andMr. Jose Solares, andMr. Solares will be the chair for that board. Vice Chair Sarnoff. Motion, moved. Chair Suarez: Moved by Vice Chair Sarnoff -- Ms. Thompson: I'm sorry. My mistake. And there's one more. Vice Chair Sarnoff. Oops. Ms. Thompson: I apologize. Commissioner Michelle Spence -Jones has also proffered -- see, I can't speak fast like you. Chair Suarez: You're going good. Ms. Thompson: I apologize. Chair Suarez: You're doing good. You're five minutes in. You're going to get crushed, don't worry about it. City ofMiami Page 126 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Ms. Thompson: -- has proffered the name of Ola Aluko. Chair Suarez: Okay. Commissioner Gort: Move it. Chair Suarez: It's been moved by Commissioner Gort. I guess it's been seconded by Commissioner Gort. Do you amend your motion to include the appointment? Vice Chair Sarnoff. I got to discuss this. This is a person who sued the City ofMiami. Chair Suarez: Is the lawsuit still pending? Julie O. Bru (City Attorney): I'll have to see. I don't believe so. Chair Suarez: Why don't we wait until -- on this particular one if -- since there's an objection. I mean, do you want to wait until the Commissioner's here? Vice Chair Sarnoff. I do. Because if this person has a piece of litigation or has sued the City of Miami, it's something you should be aware of. Chair Suarez: Okay. So we are going to take no action on that specific aspect of that board and we'll wait for Commissioner Spence -Jones to come back and we'll also wait for that information in the meantime. Ms. Thompson: So you will -- you'll go ahead and vote on Powers, Goa --? Chair Suarez: That's correct. All in favor, signifi, by saying "aye." The Commission (Collectively): Aye. BC.13 RESOLUTION 11-01208 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Frank Carollo Commissioner Michelle Spence -Jones Commissioner Michelle Spence -Jones 11-01208 MSEA CCMemo.pdf 11-01208 MSEA Current_Board_Members.pdf NO ACTION TAKEN Chair Suarez: BC.13, is that right? Priscilla A. Thompson (City Clerk): Yes, it is. Chair Suarez: Any -- no action taken on BC.13, unless someone has -- unless someone else City ofMiami Page 127 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 objects. BC.14 RESOLUTION 11-01001 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. APPOINTEES: 11-01001 NAB CCMemo.pdf 11-01001 NAB Current_Board_Members.pdf NO ACTION TAKEN NOMINATED BY: Chairman Francis Suarez Commissioner Frank Carollo Chair Suarez: BC.14, no action unless someone objects. BC.15 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: NOMINATED BY: Carlos Arboleya, Sr. Mayor Tomas Regalado Eileen Bottari Mayor Tomas Regalado Jacqueline Vega Commissioner Wifredo (Willy) Gort 11-01002 PRAB CCMemo.pdf 11-01002 PRAB Current Members.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-12-0029 Chair Suarez: BC.15, no action unless someone -- Priscilla A. Thompson (City Clerk): On BC.15 the Mayor has proffered the names ofMr. Carlos Arboleya and Ms. Eileen Bottari. Chair Suarez: Is there a motion? City ofMiami Page 128 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Vice Chair Sarnoff. Motion. Chair Suarez: Motion by Vice Chair Sarnoff. Commissioner Gort: I -- this is the Parks and Recreation? Ms. Thompson: Yes. Commissioner Gort: My understanding, I have an appointment. Pablo Yunes Molina, I believe he's missed -- Ms. Thompson: That is correct. Commissioner Gort: Okay. At this time I would like to appoint -- make a motion to get him off to take that gentleman off. Ms. Thompson: Okay. Chair Suarez: Okay, wait. Ms. Thompson: In other words, what's happening is -- Chair Suarez: Wait, wait, wait. Why don't we take a vote on the motion to appoint the people and then we'll take another vote on the motion to remove the people? Ms. Thompson: Well, actually -- Commissioner Gort: Well, I'm going to -- Ms. Thompson: -- because he has the option, because of the absences, of reappointing someone else. Commissioner Gort: Yes. Ms. Thompson: He doesn't even -- Commissioner Gort: I have someone else. Ms. Thompson: -- have to remove him. He's just reappointing. Chair Suarez: You don't have to remove him. Vice Chair Sarnoff. Let me -- I'll fix this. Ms. Thompson: I mean appoint someone else. Vice Chair Sarnoff. I'll table my motion. Now he could do a motion to -- Ms. Thompson: He doesn't have to. I guess what I'm trying to say to you, the code says if they have had more than three absences -- Vice Chair Sarnoff. They're gone. Ms. Thompson: -- or four absences, they're out anyway. City ofMiami Page 129 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Commissioner Gort: Okay. Ms. Thompson: Okay. So if you want -- Vice Chair Sarnoff. (UNINTELLIGIBLE). Commissioner Gort: I'd like to appoint Jacqueline Vega. Vice Chair Sarnoff. As amended, my motion. Chair Suarez: As amended, motion by Vice Chair. Is there a second? Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. All in favor, signify by saying "aye." The Commission (Collectively): Aye. BC.16 RESOLUTION 11-01212 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PLANNING, ZONING AND APPEALS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Ernest Martin Commissioner Michelle Spence -Jones 11-01212 PZAB CCMemo.pdf 11-01212 PZAB Current Members.pdf 11-01212 PZAB Applications.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-12-0024 Chair Suarez: BC.16. Eight minutes in. Ms. Thompson: On BC.16 -- Chair Suarez: You're toast. Ms. Thompson: -- we have -- Vice Chair Sarnoff. Tick-tock, tick-tock. Ms. Thompson: -- name proffered by Commissioner Michelle Spence -Jones reappointing Ernest Martin. Vice Chair Sarnoff. So moved. City ofMiami Page 130 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Chair Suarez: Moved by -- Commissioner Gort: Second. Chair Suarez: -- Vice Chair, second by Commissioner Gort. All in favor -- unless anyone else has any other appointments, all in favor, signift by saying "aye." The Commission (Collectively): Aye. BC.17 RESOLUTION 11-01209 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Francis Suarez Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Michelle Spence -Jones 11-01209 UDRB CCMemo.pdf 11-01209 UDRB Current_Board_Members.pdf NO ACTION TAKEN Chair Suarez: BC.17. Priscilla A. Thompson (City Clerk): No one there. Chair Suarez: No action unless there's -- someone objects or speaks up. BC.18 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: NOMINATED BY: Mayor Tomas Regalado Chairman Francis Suarez Vice Chairman Marc David Sarnoff Commissioner Frank Carollo City ofMiami Page 131 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Commission -At -Large Commission -At -Large 11-01004 VKBPT CCMemo.pdf 11-01004 VKBPT Current_Board_Members.pdf NO ACTION TAKEN Chair Suarez: BC.18. Priscilla A. Thompson (City Clerk): The Mayor has proffered the name of Mr. Gene Tinnie. However, because of his time served, it would require a super majority waiver. Chair Suarez: We do not have that. Commissioner Gort: We can't do it. Vice Chair Sarnoff. We don't have that, right? No. Ms. Thompson: And then if Commissioner -- Vice Chair Sarnoff wants to make an appointment? Vice Chair Sarnoff. My appointment was Mark Walters, correct? Ms. Thompson: Correct, and he would also need a super majority to continue to -- Vice Chair Sarnoff. Okay. Ms. Thompson: -- if you want to reappoint him. Chair Suarez: So we'll take no action on this today. We don't have a super majority. BC.19 RESOLUTION 11-01210 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Jose Fuentes Mayor Tomas Regalado 11-01210 WAB CCMemo.pdf 11-01210 WAB Current Members.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-12-0025 City ofMiami Page 132 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Chair Suarez: RE.19 [sic]. Priscilla A. Thompson (City Clerk): BC.19. Chair Suarez: Sorry, BC.19. Ms. Thompson: The Mayor has proffered the name ofJose Fuentes. Vice Chair Sarnoff. Second -- motion, sorry. Chair Suarez: Moved by Vice Chair Sarnoff -- Commissioner Gort: Second. Chair Suarez: -- second by Commissioner Gort. Any other appointments to this board? All in favor, signift by saying "aye." The Commission (Collectively): Aye. BC.20 RESOLUTION 11-01226 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE Clerk ATTENDANCE BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AS IT RELATES TO LILIANA DONES AS A MEMBER OF THE COMMISSION ON STATUS OF WOMEN BOARD. 11-01226 CSW Absence Waiver CCMemo.pdf 11-01226 CSW Absence Waiver Current_Board_Members.pdf NO ACTION TAKEN Chair Suarez: BC.12 -- 20. Priscilla A. Thompson (City Clerk): We cannot act on that because we need a four fifths. Chair Suarez: Okay, so you get ten minutes. I'm going to give you an even ten minutes. Ms. Thompson: Much appreciated. Chair Suarez: Actually, you know what, I'm going to give you nine minutes 'cause in reality, it's nine minutes. Commissioner Gort: Mr. Chairman. Chair Suarez: You're recognized, Commissioner Gort. Commissioner Gort: I'd like to somehow get the report -- because lot of people want to be appointed to boards and they come and they talk to us and all that -- of the absentees and the performance of our board members if we can get records. Someone misses "X" amount of -- if you can notify us so we can replace them. Ms. Thompson: IfI might, I don't want to confuse the issue, but that's all available, and we do send that out to you, Commissioners, and to the liaisons in our report. If you want -- if the community is interested in applying for boards and want to know which ones are open, they can go to our legislative hub; every board is listed and any vacancies on that -- on those boards is also listed. City ofMiami Page 133 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 DI.1 11-01092 Commissioner Gort: All right. Ms. Thompson: So we have it there. It's distributed. Commissioner Gort: Right. But what I'd like to know is whoever we appointed -- a lot of times the boards cannot have a meeting because they don't have a quorum, andl think somehow we have to eliminate that. If my appointee is not attending the board meetings, I would like to know. I don't know if you send that out. Okay. Ms. Thompson: Yes, we send that out to you monthly -- Commissioner Gort: Okay. Ms. Thompson: -- in that statement. Commissioner Gort: I apologize for my ignorance and not being able to read it. Ms. Thompson: Not a -- no problem. END OF BOARDS AND COMMITTEES DISCUSSION ITEMS DISCUSSION ITEM Department of Capital DISCUSSION REGARDING THE OPERATION OF THE MIAMI TROLLEY Improvements PROGRAM. Program 11-01092 Summary Form.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones Note for the record: Item DI I was deferred to the Commission Meeting scheduled for January 26, 2012. DI.2 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 Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones Note for the record: Item DI.2 was deferred to the Commission Meeting scheduled for January 26, 2012. City ofMiami Page 134 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Chair Suarez: RE.5. I'm sorry. Actually, before we go to RE.5, I'd like to take up PZ.1. The parties who are here have an issue. Priscilla A. Thompson (City Clerk): Okay, Chair, ifI might. Chair Suarez: Timing issue. Yes. Ms. Thompson: Now for the PZ (Planning & Zoning) agenda, we do have a statement that's read into the record and we will have to swear in individuals who'll be giving testimony. Chair Suarez: Madam City Attorney. Commissioner Carollo: And recess, then go into PZ agenda. Chair Suarez: No, we don't have to recess. Maria J. Chiaro (Deputy City Attorney): PZ items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, all those wishing to speak will be sworn in by the City Clerk. The staff will briefly describe each item as it is heard. Members of the City Commission shall disclose any ex parte communications. The appellant or petitioner will then present the request and may waive the right to an evidentiary hearing. The order of presentation shall be as described in the City code. Members of the public will be permitted to speak on certain petitions. City ofMiami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action. Any documents offered to the City Commission that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Chair Suarez: Thank you, Madam City Attorney. Mr. Garcia. Ms. Thompson: No, I'm sorry. Ladies and gentlemen, if you are -- Chair Suarez: I'm sorry. Ms. Thompson: -- giving testimony on any of the P&Z items, I need you to please stand and raise your right hand so I can swear you in. The City Clerk administered oath required under City Code Section 62-1 to those giving testimony on zoning issues. Ms. Thompson: Thank you. Chair Suarez: Thank you, Madam Clerk. PZ.1 RESOLUTION 11-00910ww A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING FINDINGS AND APPROVING A WAIVER OF THE WATERFRONT CHARTER REQUIREMENT AS SET FORTH IN SECTIONS 3(mm)(ii)(A) AND (B), ALLOWING A REDUCTION OF THE WATERFRONT SETBACK OF TWENTY-TWO FEET (22') BY TWELVE FEET City ofMiami Page 135 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 (12'), RESULTING IN A TEN -FOOT (10') WATERFRONT SETBACK; FURTHER ALLOWING A REDUCTION OF THE REQUIRED SIDE -YARD SETBACK OF SIXTY-EIGHT FEET AND NINE INCHES (68'9") BY FORTY-EIGHT FEET NINE INCHES (48'9"), RESULTING IN A TWENTY -FOOT (20') SIDE -YARD SETBACK, FOR THE CRIMSON TOWER PROJECT, LOCATED AT APPROXIMATELY 527, 535 AND 623 NORTHEAST 27TH STREET, MIAMI, FLORIDA. 11-00910ww CC 02-09-12 Fact Sheet.pdf 11-00910ww Analysis (New), Maps & Sch. Concurrency.pdf 11-00910ww Application & Supporting Documents.pdf 11-00910ww Zoning Write Up & Plans.pdf 11-00910ww CC Executed Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 527, 535 and 623 NE 27th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Neisen O. Kasdin, Esquire, on behalf of Mckafka Development Group, LLC, Contract Purchaser and Biscayne Bay of Miami, LLC, Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions*. *See supporting documentation. PURPOSE: This will allow the construction of a new waterfront -residential building along Biscayne Bay for the Crimson Tower project. Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the record: Item PZ.1 was deferred to the Commission Meeting scheduled for January 26, 2012. Chair Suarez: Mr. Garcia, you're recognized for the record. PZ.1. Francisco Garcia (Director, Planning): Thank you, sir. PZ.1 is a request -- it's actually a resolution. Both PZ.1 and PZ.2 will be resolutions today. These are requests for waivers of the applicable standards and guidelines for waterfront developments. In the case of PZ.1, this is for a project to be known as Crimson Tower, located at 623 Northeast 27th Street, and the zoning designation is T6-36A-L. The requested reduction of the waterfront setback in this case is 12 feet and the resulting setback will be 10 feet and the side setback waiver request is for 20 feet, resulting in a setback -- I'm sorry. The proposed is 20 feet, resulting in a reduction of 48 feet 9 inches. That is what I have in terms of a brief presentation. We also recommend approval subject to conditions as presented to you on the backup documentation. I will yield to the applicant for a fuller presentation and certainly stand by for any questions you may have. Chair Suarez: Thank you. Mayor, you're recognized for the record. Neisen Kasdin: Thank you, Mr. Chair, members of the Commission. Thank you for the courtesy of taking us at this time. Neisen Kasdin and Javier Fernandez of Akerman Senterfitt, 1 Southeast City ofMiami Page 136 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 3rdAvenue, representing the applicant, Mckafka Development. With us today as well are the two principals ofMckafka, Fernando Levy Hara and Stephan Gietl who are here, as well as the project architect Jean Francois Gervais, and the traffic engineer, Joaquin Vargas; available to answer questions. This is a rather straightforward matter. We're seeking a waiver of provisions of the City charter with respect to the waterfront setback, both the width of the waterfront opening and the side yard setback as well. The property in question, what you see there in the board in front of you, is a very narrow and long property in the Edgewater area. It is amongst the narrowest of the lots in the Edgewater area in fact. The property itself is 88 feet in width and approximately 225 feet in length. One of the features of the property that makes it even more difficult to work with is the fact that the width of the property along the water varies. If you look at the west corner of it to the east corner, you'll see it is wider and then it narrows down due to erosion of the shoreline over the years and what has been created. As a result, in order to be able to develop this property, it is necessary for us to seek a waiver of the waterfront setback as well as the side yard setbacks on properties facing the waterfront. In an 88-foot lot we're supposed to have a 22-foot setback from the waterfront. Now remember as well, we have to have a front yard setback as well of 10 feet. The result is that there's virtually no building area to work with. And so what we're requesting is a waiver of the waterfront setback from 22 feet to 10 feet. Now in fact, a portion of the boardwalk there will be almost 25 feet in width, tapering down to 20 feet -- to 10 feet, so it is not the entire length that requires the waiver. Without it we would not be able to build the project at this site. Similarly, on the side yard setbacks as well is a 25 percent lot width requirement which is approximately 56 feet. We are proposing to, in effect, waive what amounts to about 6 feet of that because what we will be doing is as you see there on the west side, we will be actually having a 30-foot setback at the ground level and then -- I'm sorry. Pardon me. On the east side we'll be having a 30-feet setback at the ground level. Over the second floor we will be encroaching in that setback, but there will be a view corridor throughout the building, and we're reducing the setback on the west side as well. Without that it is not feasible to build a building or project on this site. Now couple of things as well that I would like to make you aware of there is great public benefit that we have worked with City staff in coming forward with to enhance this neighborhood. In addition to doing a baywalk along our property, we will also be extending and improving the baywalk in the inlet there north of our property along the public space that is there. This Baywalk, which is currently not accessible to the public, will be fully accessible to the public and, as I said, developed by us for the benefit of the area residents. Couple of other things to mention, we have spoken with virtually all of our neighbors surrounding us, the Jesuits to the east, the property owners across the street to the south, and the property owner to the northwest who owns most of the property in that area, then they -- none of them have objections to our project. In fact, if you look at the project as it is designed now, at the request of the neighbors and with the consent of all affected neighbors, what we did is we flipped the project. Originally, the biggest setback open to the air was going to be on the east side and not -- and the -- not the west side. What we did is we flipped it, and so we put the bigger setback on the west side -- on the west side, we put the bigger setback and -- which allows the people who have property across the street and the neighbors that affords them better access and view of the bay and the baywalk. So with that, we would request your approval. I would like to add one other additional item, that we would like to commit publicly as part of the development of this project that we will work with the Miami Works Initiative through the contractor ultimately selected for this project to reach out for the hiring of skilled and unskilled labor for this project. With that, I'd like to turn it over to the architect, Mr. Gervais, for a brief presentation. Thank you. Chair Suarez: Thankyou, Mayor. Jean Francois Gervais: Thankyou. Jean -- Chair Suarez: You're recognized. Mr. Gervais: -- Francois Gervais, director oflnternational Design, Engineering & City ofMiami Page 137 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Architecture. Chair Suarez: Your name, sir. Your name. Mr. Gervais: Jean Francois Gervais. Chair Suarez: And the address. Mr. Gervais: 2900 Northeast One Aventura Center. Chair Suarez: Perfect. Thank you. Mr. Gervais: Thank you very much. Thank you. So as was described to you, it's a very challenging site. It's extremely narrow. And because it has only 88 feet in width, it makes it very difficult to build what the zoning actually allows to be built there. So our proposal for this project is a 18 floor tower, way short of 36 floors that could be allowed in this -- on this site. In term of density, also the project is filling only two -third of the density that would be allowed on this site. So we think that our project is very respectful of the zoning that's allowed in the area. The picture -- I believe you can see on your screen what I have in front of me. Chair Suarez: Yes. Mr. Gervais: So you have some pictures here that show the current state of the land. The land is in pretty sorry state right now. It's enclosed with a chain link fence. It doesn't give really a (UNINTELLIGIBLE) plus value to the image in the neighborhood. And as you can see, this picture has been taken -- this one here has been taken to our neighbors showing that the public access, the waterfront has not been in the past one of the main objectives. So having this wonderful site on 27th Street, just east of Biscayne Boulevard, you can see that most of it is actually waterfront lot opening up on this inlet here giving right-of-way on Biscayne Bay. I'd like to present you some architectural rendering that gives a feel for what we plan to build. The project is 83 units apartment building. As I said, it's comprised of 18 stories. So the first two stories is made of townhomes and amenities. You have six stories of interior parking and a ten -story tower structure that house the apartments, per se. We were very conscience to give a pedestrian feel to the building by having those townhomes lining 27th Street. We feel that the pedestrian presence right on the streets improve quite a lot of feeling of safety, of having neighbor watching over the activity on the street. The second rendering that you'll see here, that's the current state of the land. Our neighbor, the Jesuit, actually complaining that they witness some drug trade done by some boats -- some boat owner going through the -- this vacant land. This, as I described, give a pedestrian scale to the building by having the first two floors lined with townhomes and hiding the cars away from the view of the users. This is another shot of the actual land seen from the north side. Here, once again, you can see how our improvement will contribute to the general safety of the area by creating some public benefits, some public access to the waterfront, creating place where the citizens ofMiami will be attracted to spend time and benefit from the wonderful view on Biscayne Bay. We were very conscience -- that's the last rendering that I'll be presenting to you. We were very conscience to -- that our building be like a window toward the bay so there's some transparency through the building. We're -- you are in the waterfront like you are on this side, where it's considered from 27th Street where you can see clearly on both sides of the building, but also through the lobby which will be mainly made of glass. You will be constantly reminded that the water is just next to the building. Quickly, I would like to highlight some public benefit that we see that our project will contribute. As mentioned earlier, we treat the waterfront just adjacent to our building and make it a public boardwalk. So from 27th Street here, there's a direct public access that takes you to this boardwalk here, that I can highlight here. But in addition to that, the developer is committing himself into building this linear park that blends into the boardwalk that he's building on his own land. And like to mention that he's not only going to foot the bill of building this linear park, but City ofMiami Page 138 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 also to maintaining it to make the old waterfront something that's very significant that has a value and that will be accessible to any citizen who want to access it, as I described, mainly from 27th Avenue. This graphic shows that our building is -- has a very light footprint so the --from 27th Street, you will be keeping an eye on the waterfront on both side of the building but also through the transparency of the lobby which will be all made of glass. There's some relation built between the way the waterfront is treated and the interiors of the building, so considering the safety of the user of this public place, there will be like people inside the building and the gym and the amenities looking outside toward the bay and vice versa. And finally, I'll simply like to mention that we -- we're -- we got inspiration through the architecture that's very significant in the area. So by recalling some of the (UNINTELLIGIBLE) that are typical of the Miami architecture that you can see at the Fontainebleau or some eyebrows elements, and we feel that the architecture we developed is actually -- it fits very well into the context ofMiami Modern. Quickly to conclude -- Chair Suarez: Please. Mr. Gervais: Yes. This highlights the public benefits. So although the boardwalks and the amenities that will be done by the developer, showing that it's not only an open public space, if you wish, but the developer will take care attention to supply the urban furniture, such as benches, trash receptacle, lamp post to make sure that the public space is of good quality. That really concludes my presentation. I welcome any question you may have. Chair Suarez: Thank you, sir. This is a PZ item which is a public hearing. Opening up for the public. Any member of the public like to discuss PZ.1 ? Hearing none, seeing none, the public hearing on PZ.1 is closed, coming back to this Commission for action. Vice Chair Sarnoff. Mr. Chair. Chair Suarez: You are recognized, Mr. Vice Chair. Vice Chair Sarnoff. Couldl have my Planning director step up. Francisco, I've been doing this for the better part of five years. I have never seen anything like this brought to me in this manner before. Why? Mr. Garcia: I'm happy to answer the question, butl want to make sure the owner -- Vice Chair Sarnoff. Well, I have a resolution granting them a bunch of nice things. Mr. Garcia: Right. Vice Chair Sarnoff. I have no guarantee they'll do any of the nice things they say they'll do. Why wouldl approve this? Mr. Garcia: Well, your approval of the project is contingent on the plans submitted to you. So it is an -- Vice Chair Sarnoff. On what? Mr. Garcia: -- approval -- should it be an approval, it is subject to plans on file. So what you're -- what has been presented to you -- Vice Chair Sarnoff. So this is a Miami 21-ism where we would ordinarily be seeing a MUSP (Major Use Special Permit) had it been 11000? Mr. Garcia: No. It's slightly different. The project is as -of -right in terms of it complies with all City ofMiami Page 139 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 the applicable zoning regulations, except for the waterfront setback which is what they're seeking a relief for. Vice Chair Sarnoff. Ordinarily I'd be getting a covenant. Maria J Chiaro (Deputy City Attorney): Mr. Commissioner, iflmay. Vice Chair Sarnoff. Sure. Ms. Chiaro: The legal requirement for this project is set forth in your charter. You don't see these kinds of waivers very often. But this waiver is different than other waivers or variances that you consider pursuant to zoning. It is part of your charter and your waterfront vista. And the determination of the City Commission is based on the plans submitted to you, the site that is presented to you, and whether there is a public benefit to vary from the very rigid requirements in the charter of setbacks from the water either on Biscayne Bay or certain portions of the river. So that's why -- Vice Chair Sarnoff. Andl appreciate that, Madam City Attorney. Ms. Chiaro: -- you haven't seen -- Vice Chair Sarnoff. And this is now my fourth time we have done such a venture like this and the first time we are doing it in this manner. Just curious why the first four times we did it, we had tendered covenants and this time we do not, 'cause I checked, Maybe we did it four times wrong before, but you sort of get used to doing it wrong then. Mr. Garcia: No, that's not necessarily the case either so let me try to address it slightly differently and see if this actually clears it up. First, let me state that were this particular development have taken place one block further inland, it would have been done essentially as of right. But because they are fronting the waterfront, then this particular section of the code applies and that brings them before you for any relief or any relaxation of those setbacks, which is what they're seeking from you today. Vice Chair Sarnoff. So let me speak esoterically. We're not talking about this project. Let the record be clear. We're not talking about this project. But if in fact somebody came to me under Miami 21 and they needed to have a modification for either what we colloquially sometimes call the Carollo Amendment or sometimes we call the Paul Amendment, which means we're going to have a setback to our waterfront, that person comes in and ask for the setback based on the plans on record with the City ofMiami? Mr. Garcia: That is actually standard operating procedure. All matters approved by this Commission and any documentation submitted to you, it becomes registered as plans on file, and we as staff ensure that the end product confirms with plans submitted to you for your review. Vice Chair Sarnoff. So the -- go ahead. Chair Suarez: Can I just interrupt and ask a question? Vice Chair Sarnoff. Sure. Chair Suarez: So -- 'cause I think you're getting at one specific thing, and I'm -- I think maybe if I characterize it in a certain way, maybe you can get an answer to your question, which is that basically if they don't build this thing according to the plans, they are not eligible -- they do not get the setback in essence; is that correct? City ofMiami Page 140 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Mr. Garcia: That is correct. Chair Suarez: So that's the guarantee. 'Cause I think what he's worried about is -- Mr. Garcia: Correct. Chair Suarez: -- how do we guarantee that they are going to do it and, you know, that we're going to get all these public benefits and all these other additional things. Vice Chair Sarnoff. My guess is they would get -- they would not get a TCO (Temporary Certificate of Occupancy). Mr. Garcia: Well, that is correct. Vice Chair Sarnoff. Right. Mr. Garcia: And moreover, let me actually go one step beyond that, which is the following. These -- this request, if approved, will basically result in an entitlement of this land, right, so now there's an entitle document that binds this land to this development and any deviations would have to go through the procedures specified by Miami 21, whether it's an additional major modification, minor modification, substantial compliance. There is a very strict set of procedures established as to how any modification could take place, and by requesting this waiver, they're subjecting themselves to these procedures. Vice Chair Sarnoff. So -- all right. I -- Chair Suarez: We're good, we're good. Vice Chair Sarnoff. -- think it's Miami 21 that sort of has me because very few things are as of right under 11000. So this is one of the first buildings coming under 21 that has as -of -right if they had the setback as they needed it. Mr. Garcia: Correct. And ifI may take it one step further, what will tell you is that because we set forth -- and actually, you'll be hearing more about this later today, I expect. But when we set forth standards and guidelines, generally speaking, we understand that these standards and guidelines are predicated on a standard lot size. Now any specific lot based on its particular conditions, whether it's narrow or oddly configured, et cetera, is eligible for, you know, through your consideration, modifications or relaxations of the applicable standard. So basically, the case presented to you today is we would have loved to come into compliance fully with Miami 21, but because this lot is as narrow as it is, configured the way it is, and fronting the water, which requires an additional set of setbacks, we would like to relax some of those, and in exchange or in consideration for that, we would like to propose additional benefits for the City of Miami. So what is before you is to consider whether the benefits they are proffering are actually sufficient and to your liking. Vice Chair Sarnoff. So to interrupt you, the enticement that they're giving me is this pretty picture in front of me right now? Mr. Garcia: The pretty picture is part of it and then the additional improvements to the -- Vice Chair Sarnoff. Right. Mr. Garcia: -- vacant land beside it is also a consideration. Vice Chair Sarnoff. But is there anywhere in your public benefit -- if you would have shown -- City ofMiami Page 141 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 they showed you a picture earlier, I'm extremely familiar with this inlet that demonstrates that in the month of late July or August through mid -September, all of the outflows ofMiami, based on lunar factors, pushed all of the refuse towards it, and that's the picture they showed us to show how bad it was. Part of the public benefits that they're showing us of course shows a nice beautiful pond which will only occur maybe six or eight months of the year -- are they going to be doing any of the cleaning -- entitled cleaning around that particular inlet? Mr. Garcia: What is before you is a set of improvements that are captioned in the drawings that would be of record and maintenance beyond that of course falls back on the City as it is actually public right-of-way. Vice Chair Sarnoff. So I -- so you wouldn't necessarily be getting that pretty picture and we couldn't require them to help with the cleaning of that particular inlet? That's not a condition I could impose upon them? Mr. Garcia: It is a valid question for consideration by the City's Administration, I can tell you that. Mr. Kasdin: Mr. Chair, ifI may? Chair Suarez: Yes. You're recognized. Mr. Kasdin: To Commissioner Sarnoff. Commissioner Sarnoff, we would be willing with respect to the improvements that we show as a condition of the issuance of the building permit covenant to make those improvements and maintain those improvements in substantially the form that is -- Vice Chair Sarnoff. No. I heard you do the inland improvements. Mr. Kasdin: Right. Vice Chair Sarnoff. It's not the inland improvements, Mr. Mayor, that I'm concerned about. It's the actual water problem that you will have, you know, simply because I'm extremely familiar -- Mr. Kasdin: Right. Vice Chair Sarnoff. -- with the tidal influence there. You'll have that problem July, part of it; August, all of it, and part of September. And whenever the prevailing winds are coming out of the east, you will have that problem. Mr. Kasdin: We're aware of that, but we are creating the public baywalk and additional promenade along the City's portion of the property. People will be able to access it, which they currently aren't able to. We think that's a good benefit for the neighbor. Vice Chair Sarnoff. I think it's -- Mr. Kasdin: Our neighbors support us. Vice Chair Sarnoff. -- a nice benefit, but you're showing us a picture of something that will occur with some frequency but not altogether what the people expect, and I'm just curious whether you'd be willing to do some of the inland cleaning. Mr. Kasdin: You know, I can't commit to that because I'm not sure what that entails, frankly. Vice Chair Sarnoff. I know what it -- City ofMiami Page 142 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Mr. Kasdin: And there are other property owners as well who own property around that inlet and if an effort such as that is undertaken, it probably should be -- Vice Chair Sarnoff. It's just that the smell for about two and a half months of the year right there is pretty pervasive. Mr. Kasdin: I understand. Vice Chair Sarnoff. So maybe y'all want to think about it for a while. Mr. Kasdin: We will certainly look at it, but I can't -- I don't know what is entailed in doing that and I wouldn't want to commit them to doing that. Vice Chair Sarnoff. Okay, so I'm going to move to continue this thing to -- Commissioner Carollo: Second. Vice Chair Sarnoff. -- the next PZ item [sic]. Chair Suarez: It's been moved by Vice Chairman for continuance to what meeting? To the next Planning and Zoning? Vice Chair Sarnoff. To the next PZ, yeah. Chair Suarez: Okay. Priscilla A. Thompson (City Clerk): That's Jan -- Chair Suarez: It's been -- Mr. Kasdin: IfI may. Chair Suarez: The motion has been -- wait a second -- seconded by Commissioner Carollo. I'm now going to recognize Commissioner Michelle Spence -Jones. Commissioner, you're recognized. Commissioner Spence -Jones: Thank you. And definitely giving deference to the City Commissioner that -- this is your district, so I'm sure you know what needs to happen over there, so I don't want to -- I just want to make sure when we come back, we address some additional issues, and they're not big things. This is really more Administration stuff. First of all, thank you guys for including -- I'm always going to be pushing for local employees to participate, so I'm glad that we're going to be able to make that happen. And hopefully by the leadership of Commissioner Carollo through the One Stop Shop, this will be one of our clients that will hopefully provide jobs for our residents, so I'm excited to have you guys on board on that. So I'm going to ask that Francisco, if the project is approved, that it's, you know, referred to Willy Porro and his team and at least they get signed up and they're a part of that to make sure -- I don't know how long before this project actually happens, but if it is moving on a fast track, I would ask that definitely that happen. My question, though, and it's kind of centered around something that Sarnoff said I just want to be clear on it. You know, we talk about the community benefits, you know, and making sure that we have this wonderful green right-of-way or park -like area. The question is, if they don't meet their commitment -- if they don't make the commitment -- let's say this is the community benefits agreement that they have said that they're going to do. You know, they're going to not only build it, but they're going to maintain it. What happens if they don't? City ofMiami Page 143 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Mr. Garcia: There are two cases to that. First, they have to go through a lengthy permitting process. Commissioner Spence -Jones: Right. Mr. Garcia: And at each of those steps, we will ensure through the permitting process that they come into compliance with everything that has been presented to us, that everything the Commission has set forth in terms of conditions. And after, let's say, the certificate of occupancy is issued and the property is up and running, we still have Code Enforcement as a resource to enforce any of the terms of the approval of this project. Commissioner Spence -Jones: So I'm clear, so from the monitoring side of it, I'm assuming Planning and Zoning will make sure that before they get their TCU (Temporary Certificate of Use), that they have, one, built a park or this public right-of-way or this public area -- public space; correct? Mr. Garcia: Yes, or that there are documents that reflect that commitment and that are enforceable. In other words, it may not happen prior to -- ideally, it would happen before a CO, but if it doesn't happen before a CO for whatever reason and there's precedent for this, there will be documents in place that bind the developers to compliance with that. Mr. Kasdin: A covenant that will be -- make it forever our obligation, which is enforceable by the City. Commissioner Spence -Jones: Okay, so -- and l just always have issues -- and Mr. Mayor, this is not necessarily about your project. I'm glad that you guys are adding this benefit to it. That's great. My concern always, beyond us, is the enforcement of making sure -- and we're like overloaded in City government. That's just what it is, okay. So once we start with -- you know, let's say it gets approved and you're moving -- you're on a fast track to make it happen. They're monitoring to make sure that you put the elements in place. It's built. It's there. The building's up. Two or three years have gone by. You know, Sarnoff decides he wants to be -- I don't know. What do you want to be next? Whatever. Judge Sarnoff, whatever. And he's no longer interested in City politics. My question becomes what are we doing to enforce to make -- what is included in the covenant to make sure that, let's say, it's the waterway remains clean. Let's say it's to make sure that, you know, it's being upkept [sic], all those things that are necessary to maintain it. What is put -- what is in the covenant to basically secure the fact that that's going to happen? How do guys manage that? Mr. Garcia: The covenant describes exactly what the responsibility of the developer is and the City's enforcement arm ensures that that is complied with. Commissioner Spence -Jones: And so I'm clear, so is the City enforcement arm Code Enforcement? Mr. Garcia: Well, depending on what the issue is. In some instances it -- Commissioner Spence -Jones: Okay. I'm -- Mr. Garcia: -- will be Code Enforcement. Commissioner Spence -Jones: -- let -- Mr. Garcia: Briefly to address your question, I think, very simply. Chair Suarez: Yeah. City ofMiami Page 144 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Mr. Garcia: So some of the physical issues that pertain to the property will be enforced by Code Enforcement. Commissioner Spence -Jones: Right. Mr. Garcia: Some of the other issues regarding commitments and ongoing maintenance would be subject to the City Attorney's Office, so it depends on what is brought -- Commissioner Spence -Jones: Ooh. Mr. Garcia: -- ultimately. Commissioner Spence -Jones: Okay. So I'm just -- five years later, park is built. It's beautiful, you know. We've all gone on to greater glory, whatever that is, okay. Who is going to say when this park is not being maintained, when this -- you know, let's say he's -- the person sells it, okay. Who is going to -- what is the penalty? Maybe that's the better question. Mr. Garcia: The City will -- Commissioner Spence -Jones: Outside of them getting a fine, okay, because whatever we vote on now, you know, really sets the tone for it, right? So what happens if we vote on it and it happens and it moves ahead, what happens after it's built and, you know, things have changed and they're not -- the upkeep is not happening? What happens then? Mr. Garcia: I understand. So it is no different than any other project that the Commission has approved. Code Enforcement would then find them -- Commissioner Spence -Jones: Cite them? Mr. Garcia: -- in violation. Exactly, cite them, and then we would go that route. Ultimately, it's the only compliance means that the City has at its disposal to ensure that regulations are complied with. Commissioner Spence -Jones: So technically, I'm just going to -- and I'm just putting it out there. You guys work -- I mean, we just having a conversation. I mean, I like the project. It looks great. But I just think that sometimes we need a little bit more teeth and the penalty part of it, like whatever we vote on now, this is a big vote for them. Mr. Kasdin: Commissioner, may I address that briefly? Commissioner Spence -Jones: Yes, please. Maybe you can help me. Mr. Kasdin: Because I'm very familiar with these covenants, and it's actually more than just a violation, a building violation. The City has legal rights to enforce the covenant, which would include the right for injunctive relief the right to compel the property owner to do whatever needs to be done. It's not just a matter of a violation. It's much more serious than a violation. Commissioner Spence -Jones: Okay. So Mr. Mayor, what -- so just give me an example so I can understand it. So let's say, you know, this property owner does not maintain this park. It becomes a green space where we have homeless, you know, situations happening. We have a whole bunch of things happening on there. Okay, just using that -- Mr. Kasdin: Right. City ofMiami Page 145 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Commissioner Spence -Jones: -- using this as an example. Who -- what happens -- who enforces it? Is it the City that gives the ticket to you guys? I mean, to your client. Mr. Kasdin: Well, the City would primarily be the party who would enforce it and have -- certainly has a right to enforce it and that would be by citation, violation, by taking legal action against us, by potentially even withholding licenses, occupational licenses and things of that sort for use of the premises. Other affected parties, neighbors in the area would also probably have a right as well to bring an action to compel the City to enforce it. So the City can and others who are affected can. Chair Suarez: I agree with that. Commissioner Spence -Jones: Mr. Mayor, I've got to -- and you this 'cause you were in office so you know. We know how things turn over. You know, Sarnoffs leadership about making sure we have green spaces is very important, and he pushes that. But let's say he decide -- I'm not making you a judge today, but let's say you go on to be a judge. Vice Chair Sarnoff President, something good. Commissioner Spence -Jones: A president, yeah. Go on to be president. Vice Chair Sarnoff Something good. Mr. Kasdin: You should have done it an hour ago. Commissioner Spence -Jones: Right. The next Commissioner that sits in his seat may not have the same issues, may not have the same drive, may not have the same passion around that issue, right. Let's say you decide you want to go on and do something else too. My question becomes is it -- is Code Enforcement now enforcing, saying hey, property owner, you are not taking care of this space, so because of that, you are in violation of your covenant. That's basically -- Mr. Kasdin: Yeah. Commissioner Spence -Jones: -- what you're telling me. My concern with that -- and I'm just putting it out there. And this is not making anybody look bad because we got a million and one other things going on. I just can't see City departments monitoring every zoning item that we vote on and approve and remembering, God forsake -- I mean, two things I did two years ago -- I'm just using it for an example -- two years ago that I put in place, I come back two years now and we can't even remember it got done. And so my only concern would be -- like ifI saw -- me seeing this land -- if you were saying to the City, look, City, the property owner doesn't have a problem with letting this become public space for the City to utilize, right. In exchange, they will allow for the -- they will -- how do you say it? They will build it, but then the City will maintain - - or not maintain it. Or they will pay for it being maintained, but the City's Parks Department utilizes it. I'm just afraid this becomes a beautiful green space that no one can really monitor or no one is able to fine. I'm just concerned about it so -- Mr. Kasdin: All right, Commissioner, ifI may, just to respond to that because this is not a unique situation. The -- as you know, along the Bayfront there is required setback when new development takes place to create a public right-of-way. Often, typically, with respect to that, the developer agrees to make improvements and covenants to maintain those improvements. Commissioner Spence -Jones: Right. Mr. Kasdin: There is no other way of creating the public baywalk other than doing this. City ofMiami Page 146 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Commissioner Spence -Jones: Right. Mr. Kasdin: And so the prior property owners are routinely turned to for maintenance of the baywalks that are created when they build something. That's what's happening here. Now we're extending it a little bit beyond our -- what's beyond -- behind our property to include public property as well. What we can do is bring you back the covenant -- sample of a covenant -- Commissioner Spence -Jones: Yes. Mr. Kasdin: -- so you'll see, but it's typical, it's routine, and it's done all the time. The City -- Commissioner Spence -Jones: Right. And Mr. Mayor -- and I'm going to shut up after this and turn it over to the Chairman. It's -- I understand that it's done all the time. A lot of things in the City ofMiami -- in gover -- here in the City ofMiami is done all the time, and part of the problem is that we don't monitor -- we have a difficult time monitoring whether or not it's happening or we're maintaining it. You understand what I'm saying? Mr. Kasdin: Um-hm. Commissioner Spence -Jones: So part of my concern -- Mr. Kasdin: I understand. Commissioner Spence -Jones: -- is beyond me, beyond my life. What teeth are we putting in this to make sure that no matter what, once this covenant is in place, that we're even looking at the covenants to see whoever's even -- who is responsible for even making it happen. Mr. Kasdin: Right. Commissioner Spence -Jones: So if Francisco, I'm just -- you're hearing this conversation. Francisco says, we handle a certain part of it, then Code Enforcement handles a certain part of it, right? But where's Code Enforcement? Code Enforcement. We're beating up Code Enforcement with abandoned lots and vacant, you know -- is he -- are they going to be able to maintain or monitor to make sure this stuff gets done? That's my concern. Mr. Kasdin: I mean, that's a question for your -- Chair Suarez: Yeah. Mr. Kasdin: City Manager. But I would say that, you know, the advantage of having this created, which is going to be a condition of getting a building permit -- Commissioner Spence -Jones: Yes. Mr. Kasdin: -- for the neighbors and the neighborhood, is tremendous. And there are tools -- Commissioner Spence -Jones: Yeah. Mr. Kasdin: -- go along with covenants that allow you to enforce it. Chair Suarez: Thank you, Mr. Mayor. Sergio Guadix (Director, Code Enforcement): Commissioner, Sergio Guadix. Chair Suarez: Let me just say to -- and answer -- to Commissioner Spence -Jones question. One City ofMiami Page 147 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 of the things that we can do with the independent auditor -- that's a tool that we have, you know, the independent auditor's office. We can direct the independent auditor to look at our covenants that are on the books -- Commissioner Spence -Jones: I love that. Chair Suarez: -- and see -- Commissioner Spence -Jones: I love that. Chair Suarez: -- if the participants are complying with the covenants and then enforce some of them and -- Commissioner Spence -Jones: I think -- Chair Suarez: -- you'll see how everybody will comply with the covenants. Commissioner Spence -Jones: -- that's a brilliant idea. And Mr. Chairman, I think maybe you should bring that as, you know, a possible resolution or bring it -- Chair Suarez: Sure. Commissioner Spence -Jones: Because right now it's not happening. I can -- you know, thank God, we have great, you know, developers that, you know, they have a reason for wanting to keep the space. They don't want to have a bad space in front of their building that they built behind their buildings, but what about if they flipped the property, what about whatever. How do we guarantee that we're going to always have that space? Andl think the way that the Chairman has addressed the issue is brilliant, andl think that that at least puts some additional teeth in making sure that we monitor the process or monitor what happens afterwards. Chair Suarez: Thank you, Commissioner. Mr. Guadix: Commissioner, ifI may. Sergio Guadix from Code Enforcement. Andl really appreciate Commissioner Sarnoff bringing this up. I happen to have been the administrator, the NET (Neighborhood Enhancement Team) administrator for that area, and it is a terrible problem. Andl would tell you that your buyers are going to have a terrible problem if this is not taken care of. Three months out of the year you're -- if you have tenants or if you have owners there, they're going to hate it, I'm going to tell you right out. So that is a problem that needs to be addressed. If it's in a covenant, if it's in a waiver, or if it's in a warrant, I can enforce it. Right now I don't have anything to enforce it. Nobody has been made responsible for that other than the City, so -- and we've tried with the Army Corp of Engineers. We've tried with, you know, everybody, Marine Patrol, whoever, and nobody really wants to take that on. But that's going to be a problem. As long as I can have a waiver or a warrant or part of the covenant, I can enforce it. Chair Suarez: Vice Chair. Vice Chair Sarnoff. Well, Mr. Guadix, what we do, andl think you might know this, we send the Scavenger vessel out in a very infrequent basis to try to clean that especially during that three-month period, but it's not adequate. I'm going to procure the cart of the scavenger vessel or the person that operates it and give it to you, Mr. Kasdin. The solution to this, very simply, I think is to enter into a contract or some sort of document that we could see would be legally binding. What Mr. Guadix is saying is very true and it's what I experienced. I can tell you, Paramount has come to me, which is supposed to be a top-notch building in Miami, and has demanded that the City ofMiami hire the Scavenger because it smells so bad right in that area City ofMiami Page 148 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 for this three-month period. I'm well versed. He's well versed. I'm merely not -- I'm not trying to make things hard on you. I'm trying to make something that will inure to your benefit, although it doesn't seem like that right now. But I'm confident in what I'm doing. Mr. Kasdin: Well, if may address Commissioner Sarnoff. Chair Suarez: Yes. You're recognized, Mayor. Mr. Kasdin: We -- there are -- I understand the problem. I've walked and jogged and biked all of the inlets between the two causeways and, however -- and yes, it would be an enhancement to us and to everyone else to alleviate it. My main point is it shouldn't be our sole responsibility to do that. And if we could -- you know, we could commit to participate if the City -- there's another development that is likely to come in on the east end -- Chair Suarez: Mr. Mayor, ifI may. Mr. Kasdin: -- west end. Yeah. Chair Suarez: Let me just -- maybe what we can do is proportion of the square footage that they're taking up, you know, related to the adjacent properties, something to that effect so you're not taking on the entire burden, but you would be taking on the proportional burden. That should be pretty easy to calculate. Mr. Kasdin: Right. Or you could impose a special assessment on the linear front footage on the property on that inlet so everyone contributes and -- Chair Suarez: That's fine. Vice Chair Sarnoff. Well, that's why you have, I guess, two weeks to come up with a solution. KnowingAkerman Senterfitt, you'll have it in two hours. Mr. Kasdin: Well, maybe we have the solution now and -- which would be -- Vice Chair Sarnoff. We can table this and you can come back when -- at the end of the Commission meeting. Mr. Kasdin: Well, what I would -- what I -- where I proffer is the -- that we would participate on a program created by the City on a pro rata basis in terms of the maintenance. Vice Chair Sarnoff. And we have one. I just don't happen to have it on me right now and I'm getting you the information for the Scavenger that we contract with. If at the end of this Commission meeting you can present a document or make a representation, I'd be willing to listen to it. And if it needs to go in two weeks, I'd be willing to listen to it. And if you're not available in two weeks, it can go to the next Commission meeting after that. Not being hard. I'm just trying to be -- Mr. Kasdin: Well -- but we're saying we're willing to do our proportionate share. Vice Chair Sarnoff. I understand. Mr. Kasdin: And we're willing -- we're -- to have come -- we will prepare the covenant which will embody everything that the Commission is asking for. For those reasons, I don't -- would request that this be able to be acted on now. We hear your message. We're being responsive to it by saying we'll pay our proportionate share. I mean, we're already improving the public space which everyone in the neighborhood -- our neighbors are excited about it. The Jesuits, the City ofMiami Page 149 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 people who bought the property to the west, and others, they want what we're doing. We've worked very closely with the neighbors. This is going to make this waterfront useable and attractive for the first time. And we're willing to make our proportionate share, but it really needs to be something that is initiated by the City -- Vice Chair Sarnoff. Andl understand. Mr. Kasdin: -- Commissioner. Vice Chair Sarnoff. But -- andl can tell you that I've met with your neighbor who's going to be your likely neighborhood [sic] just to the north and to maybe the west of you. Mr. Kasdin: Yes. Vice Chair Sarnoff. Andl am developing with them a park as well, and that park is going to extend directly into your park. What I'd like to do is have a conversation between the two of you so that know exactly what we can and can't do, and I'm -- just think I'm doing my due diligence. Mr. Kasdin: Yeah. Vice Chair Sarnoff. I really think what I'm doing is providing a better building not necessarily if you're a developer, but for the people who will live there. Mr. Kasdin: Yeah. On the park, Commissioner, we have coordinated closely with the purchaser of the property, the north and west, and we have a common approach to that. Vice Chair Sarnoff. And all want to make sure is that they're on board as well for the Scavenger solution because they're going to be a party -- they're I guess your next upland or -- yeah, I guess it is upland neighbor. Andl don't want to beat this to death 'cause this Commission meeting's going longer than it needs to. I can table it. I can -- I think the better thing to do is come back in two weeks having met with Fort -Brescia, somebody I think you know, who is developing that particular site along with Mr. Perez, and you can come back and say this is what we've agreed to andl would then understand the frequency that we bring the scavenger vessel and how we can implement it as part of the City's procedures. Mr. Kasdin: We will hold those meetings and we will come back to you in two weeks and -- you know, we've been dealing closely with that developer and so there should be no problem. Commissioner Gort: Thank you. Vice Chair Sarnoff. You should know that developer. Chair Suarez: The continuance has been moved and seconded. The only thing would ask, Mayor, is that when we come back, we'll just -- we confine the discussion simply -- Mr. Kasdin: Understood. Chair Suarez: -- to this document and not redo the presentation. Mr. Kasdin: Agreed. Ms. Thompson: Excuse me, Chair. I'm -- excuse me, Chair. Chair Suarez: Yes, please. City ofMiami Page 150 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Ms. Thompson: I just want to be clear. I thought I heard till the next P&Z meeting. The next P&Z meeting is January 26. Chair Suarez: My understanding of -- Mr. Kasdin: Is that what you --? Chair Suarez: Yes. Mr. Kasdin: Yes. We'd like that. Ms. Thompson: Okay, so it's deferred to January 26. Chair Suarez: That's correct. Ms. Thompson: Thank you. Chair Suarez: All in favor, signift by saying "aye. " The Commission (Collectively): Aye. Chair Suarez: None in opposition. Passes unanimously. Mr. Kasdin: Thank you for your time and taking it out of turn. Chair Suarez: Thank you, Mayor. PZ.2 RESOLUTION 11-01050ww A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING FINDINGS AND APPROVING WITH CONDITIONS A REDUCTION OF THE WATERFRONT SETBACK REQUIREMENTS PURSUANT TO SECTION A3(mm)(i) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ARTICLE 3.11 WATERFRONT STANDARDS OF THE MIAMI 21 ZONING ORDINANCE, ALLOWING A REDUCTION OF THE REQUIRED FIFTY FOOT (50') WATERFRONT SETBACK BY TWENTY-ONE FEET SEVEN INCHES, (21'7") RESULTING IN A TWENTY-EIGHT FOOT FIVE -INCH (28' 5") WATERFRONT SETBACK; FURTHER ALLOWING A REDUCTION OF THE REQUIRED SIDE -YARD SETBACK OF FIFTY-FOUR FEET, (54'), BY THIRTY-THREE FEET EIGHT INCHES, (33'8"), RESULTING IN A TWENTY -FOOT FOUR -INCH (20'4") SIDE -YARD SETBACK, FOR THE MIAMI RIVER APARTMENTS PROJECT, LOCATED AT APPROXIMATELY 2601/2621 NORTHWEST 16TH ROAD, MIAMI, FLORIDA. 11-01050ww CC 01-12-12 Fact Sheet.pdf 11-01050ww Analysis, Maps & Sch. Concurrency.pdf 11-01050ww Application & Supporting Documents - NEW.pdf 11-01050ww Zoning Write Up & Plans.pdf 11-01050ww CC Legislation (Version 2) & Exhibit.pdf 11-01050ww-Submittal-Correspondence-Miami River Commission.pdf 11-01050ww-Planning and Zoning Department-Memo.pdf City ofMiami Page 151 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 LOCATION: Approximately 2601/2621 NW 16th Street Road [Commissioner Wifredo (Willy) Gort - District 1] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of 27 Riverfront LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions*. *See supporting documentation. PURPOSE: This will allow the construction of a new waterfront building along the Miami River for the Miami River Apartments project. Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0012 Chair Suarez: PZ.2. Francisco Garcia (Director, Planning): Item PZ.2 is for an item known as Miami River Apartments, the location of which is 2601, 2621 Northwest 16th Road. The proposal is for a residential building to contain 250 units along the Miami River. Because it is along the Miami River, there -- essentially the same standards and guidelines with regards to improvements along the riverfront are required. And this particular project is seeking a setback, waterfront setback waiver and a side setback waiver. The requested reduction for the waterfront setback waiver is of 21 feet 7 inches, resulting in a setback of 28 feet 5 inches, and the side setback reduction request is of 33 feet 8 inches, resulting in a setback of 20 feet 4 inches. I'd like to emphasize -- to introduce the topic that we promulgated as a result ofMiami 21 the expansion or the extension of the setback requirements and these riverfront improvements west of the previous requirements to encompass the entire river, and so under 11000 this particular land would not have been subject to these requirements; now it is, and they've done what we think is a good job of trying to comply with those. And in addition, I would like to emphasize the fact that when we set forth the waivers, it was always anticipated that there would be some flexibility infused in those to allow for each project and each site, given its particular configuration, to have those requirements modified as needed. Ultimately, it is our recommendation that the proposal before you has tried to the best of their ability to comply with those requirements. We've been in talks with them for a significant amount of time. And they've, as a result of those conversations, expanded or broadened the amount of riverwalk offered. They have appeared twice, it is my understanding, before the Miami River Commission. They have not been able to secure their favorable recommendation. The result of their meeting was a mixed vote, resulting in recommendation for denial in a plurality of votes. Ultimately, our recommendation is that you approve it subject to the conditions set forth in the record. And if you have any questions, we'll be here to answer. Chair Suarez: Thank you, Mr. Garcia. Do you want to be recognized, Commissioner, before the presentation? Ms. Escarra. Iris Escarra: Hello, everyone. Good afternoon. Iris Escarra, from offices at 333 Avenue of the Americas. I am very proud this evening to be before you representing the Milton family, who's a long-established developer in Miami -Dade County. I'm here with Jose Milton, Sr., Joe Milton, Gina Milton, as well as Eddy Frances, the architect, and Bill Eager, our landscape architect. Again, I thank you also for taking us out of order. IfI may introduce the site to you, we are City ofMiami Page 152 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 actually located on the North Fork of the Miami River. This is 27th Avenue right here. Here is the Miami River. You may recall a project sometime ago, maybe in about 2007, that was built, it was called River Run South. This is the last development in this area that's been built in many years. Our particular site is actually right here and we are -- this is actually a unique application because you're used to seeing the waterfront setback on Biscayne Bay and on the river up to the 5th Street Bridge. After Miami 21 got adopted, they extended that 50-foot setback requirement all along the river. Any waterfront property has to have this 50-foot setback as well as the 25 percent on the two sides. Mr. Milton is going to be explaining to you the details regarding the design of the project. I want to explain to you the two applications before you. The 50-foot setback that's required along here is actually -- we are encroaching into it by 21 feet at the most. And when you see the design of the project, it meanders, meaning it's -- the units on the ground floor that go in and out of the 50-foot setback so at the most intrusive point, you have to take the one line, it's 21 feet. However, the building -- at various points, we do meet the 50-foot setback, at various points, except that the balconies come in and out of it. As you can see here in the riverwalk design, that the building is right up to the riverwalk because we thought that that would be a better situation for the boaters and for the riverwalk people to have the units' eyes on the riverwalk. In addition for this side yard setback, we're required 25 percent of our site. If we did it -- if we weren't on the river, our setbacks would be zero because we're a T6-8 high -density multifamily. However, because we're on the river, we have to do the 25 percent of the two sides. We are providing 10 feet on each side of the project. However, we're required to provide 54 in total on either side, so we're asking for a 30-foot setback. However, it's also because we've created a center courtyard. We didn't want to have a big massing on the river. We wanted to have a smaller massing on the river of the units and kept our parking towards the street rather than keeping parking towards the back. Traditionally, you see units in the front, parking in the back. However, here, because we have the street and we have the river, we wanted to keep the units on the river and the parking towards the front, so the side yard setback is that particular way as well. The other thingl wanted to mention in our application is we are providing public access to the riverwalk. We're providing the design with a big circulation zone as well as public access through the building to access the riverwalk. So in essence, we have met all the guidelines that are provided in the code; however, we have varied from them in minor instances with the encroachment into the 50 feet, that the pedestrian pathway is through the center as opposed to the side, and the reason why we did that is for security reasons. This particular area is not one of the most affluent areas and there's also issues that these -- our neighbors have walls, so if someone really wanted to access the river on the side, it's very scary in a sense that this here is actually not maintained and it's overgrown and so forth. So we are actually allowing with signage -- we have riverwalk signage that there will be access from sunrise to sunset through the center of the project, which is just actually a big center courtyard, to the riverwalk for public, anyone that would want to come in. And I'm trying to be brief. I know it's been a long day. With that, I'd like to introduce Mr. Joe Milton, who will be presenting to you the design as well as the economic features of the building. Chair Suarez: You're recognized, sir, for the record. Joseph Milton: Honorable Chairman and Commissioners. My name is Joseph Milton, 3211 Ponce de Leon Boulevard, with Jose Milton & Associates. I'm the president. Today with me is the founder and CEO (Chief Executive Officer) of the company, Jose Milton, who started the company in 1963. It's a real pleasure for me -- for him to be here because I never get the chance to do this in front of him, so I will try to make it as brief as I can. The -- we are excited about this project and its location. We've reviewed the area and we found there's very little affordable housing. Before I get into the project, I want to tell you a little bit about our company so you understand a little bit of the history. My father has been a leader in the market of developing residential real estate multi -housing apartments and condominiums now since 1963. In fact, next year will be 50 years of doing this. Our company's composed of architects, engineers, general contractors. My father is one of the lead architects in the company. We acquire the land. We design the building. We develop it. We build it and then we manage and operate it. City ofMiami Page 153 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Currently today we own and manage 7,364 rental units here in South Florida. Through the years, he's developed over 30,000 rental units, which he's sold several of them. Of the 7,364 units, 6,438, which is about 87 percent, are affordable housing. All the affordable housing we develop is 100 percent privately funded We don't get any government aid for it. The affordable housing pricing in South Florida for the one bedroom is about $850, the two bedroom is about $1, 050, and that was critical when we found this area because as part of our due diligence, we did a two-mile radius market study of the site itself. And what we found was that there is -- it's a very distressed area in regards to the pricing that can be afforded in this area and also the availability. Although you have a great amount of people here working immediately north of the property and west in this industrial area, marine industrial area, there really is very little housing that's rental. What you have in total is 315 units of what you would call rental units in the entire area for a two-mile radius. And the two properties really are composed of -- one of them is immediately west of us, which is right here. It's called Miami Riverview Apartments, which holds 245 units. And this one is immediately to the east of us and has 70 units and it's an 8-story high-rise so it would match our buildings. It would -- we would be basically at the same height. The Miami Riverview Apartments was built in 1973. That's the ones to the west of us. The other one was built in 1990. And that's all there is within two miles. The average price for rentals in both are the same. The one bedroom is $750, the two bedroom is $900, which is below what you would consider affordable housing. So it is a real need for it. We need it and we're trying to provide that. We also looked at six condominium developments in the area, thinking that they might provide rental units to the market. We found this: they don't. There's very little units available because most people that have bought it actually live in them. In fact, most people that have bought it found themselves with a reduced value of about 50 percent. They bought it at about $150 a square foot; today they're selling at about 46 to $70 a square foot. And last year, even at those prices, only 12 of them sold in six communities. The same building - - and last year we opened a building on 101 Southwest 13th Street, across from the Publix and beside the Metrorail. We opened a building in February. That -- and it was about 131 units. We leased it up in 60 days. And the one bedroom in Brickell is at $1, 650 per month versus this area at $750. The two -bedroom is $1,900 per month versus this area at 900. The -- we specialized in this kind of building; that's why we can afford to do it and that's why we -- we're interested in this area 'cause we see the need. There's been a lot of talk about the Miami River. And we've had great meetings with two organizations that gave us great advice. Our property is on the North Fork. It's not really on the Miami River. The North Fork is a small canal which allows itself for recreational boating. It's a good place to come and place your boat, if you have a recreational boat. But for the cargo industry or marine industrial use, it doesn't serve much of a purpose. Although the whole island is D3 zoned which allows marine industrial use, any real use of this island would require acquiring properties all the way through so you could access them from the Miami River, from the actual Miami River. This here is so narrow that if you were to take any of these cargo ships, it would not even be able to enter the canal. In fact, over a -- if you had a 50- or 60 foot yacht, you could not turn around in that canal. If you were to put two 60 foot yachts beside each other, you'd block the canal down where we're at, and this bridge is so low that this is the end of this canal. You cannot go any further. And our property has the last seawall built to it. From there on out, there is no seawall. The job, we're expecting to start within 60 days of approval of this Commission. The job will create in direct jobs in construction for 18 months, 150 jobs. The indirect jobs are 400 jobs. The total jobs that will be created for those 18 months is 550 jobs. The permanent jobs after for rental management that will be created will be 25 direct jobs and 40 indirect jobs that come right off this one development. The cost of the job is about $40 million. It will contribute in real estate taxes about 908,000 to Dade County and the City. The City portion of that is $340, 000. The impact fees for the City ofMiami is 1, 210, 765. The impact fees to Dade County is 972,133. The impact fees to Miami -Dade Water and Sewer is 255, 000. The total of the impact fees is 2,437,898 that get paid prior to permitting. I'm going to show you now the architectural plans. Okay, the architecture is Mediterranean and a very Italian design. It's simplified. It's not the very heavy Mediterranean. It works off soft earth tones and soft whites. There's a lot of horizontal molding to create detailing. There is vertical elements, such as these balconies that are brought out in front of the City ofMiami Page 154 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 building. There a lot of column work going up and down. Each balcony has a beam that's like a cornice that makes it very detailed and everything's accented in different colors. So the street elevation has got a lot going on, including the green awnings. As you go around the building, the moldings continue all the way around the building so it's -- you get the same effect in all aspects as you go through the property. The building itself has a very large courtyard in the middle. It's about 150 to 165 feet long, plus the width of the river -- plus the depth of the riverwalk itself allows for a great deal of outdoor seating area and outdoor entertainment area. The pool is 15 feet by 75 feet. And then there's obviously the riverwalk, which I'll explain in detail as I get into these renderings. The property will basically have all same amenities as a property you would have in Brickell, which is typical in all of our communities. We have full gym facilities which have all cardiovascular equipment, the elliptical, the treadmills, and the strength equipment for weightlifting. We have -- there's saunas in the gym. There's a business center, 24-hour security, covered parking, washer and dryer facilities, boat slips that we're going to maintain on the property, and the riverwalk. Regarding the design of the riverwalk, let me show you the plan view. The sign of the riverwalk has been substantially helped by two organizations. That's the Miami River Marine Group and the Miami River Commission. One of the best things that we did was defer December 15, 'cause back then we had a five-foot riverwalk and we really hadn't gotten to appreciate or understand the importance of the riverwalk and the use of the river itself. After that we had meetings with the Miami River Marine Group. Rick Eyerdam, its executive director, gave us a great deal of good input. One of the issues that we were considering prior was to take the wet slips on the property and move them to another location. So he explained to me the great value that was in keeping it there, the recreational value that was in keeping it there. This is a safe harbor, which is very difficult to find in the City ofMiami. It's a place where when there's inclement weather, there's a hurricane, you want to find a place to park your boat, this is a great location. We currently have the moorings and the tie downs throughout the property. So we are keeping all the wet slips. We've changed our request to DERM (Department of Environmental Resources Management) to maintain all the wet slips on the site. We're going to provide that as a service so that our residents and people from outside of the community can rent the spaces for themselves as boat slips. Also working with them, we found mutual interests. They -- one of the issues that the industry there has, the cargo industry, is that there's no space for their employees to park onsite. Parking onsite at these locations -- if you park a car, you take space away from the cargo. So we were talking about prior to opening, doing a special opening for the industry itself in which they would have the ability to bring their workers and people to rent here, and then they would shuttle the workers in the morning to their location, not creating a parking problem for them. So we really look forward to working with the Miami River Marine Group in the years to come and the same thing with the Miami River Commission. We got great advice from them. Both the managing director, Brett Bibeau, and the chairman, Horacio Aguirre, were very helpful and gave us great advice. And that's how the riverwalk came to be improved. I'm going to show you two renderings, one before and one after. This was whatl was going to present on December 15. It's a -- this is the area of circulation that was the biggest problem for the Miami River Commission and Brett Bibeau andMr. Aguirre. This is -- after they gave me their input and they told me how to best do it, this is the riverwalk today. It went from 5 feet of circulation area to a minimum of 12 feet of circulation area. And as you see it, it jogs in and out to create these opportunities where they grow to 16 and a half feet. So now before where two people walking in this 5-foot walkway would have to like move to the side to allow another couple to pass by, now it's easy to have people walking in both directions or riding bike without any inconvenience to each other, and this was with the advice of both Brett Bibeau andMr. Aguirre, and it created a much better product. Halfway through the site we created a picnic area. So as people are out there experiencing the river, they can stop -- and this is deep. This is about 18 and a half feet. They can sit down, have a sandwich, with an actual table, or if you're Cuban, probably play Dominos out there in the river and watch the sunset, and it's a really nice place. Throughout the property, throughout the entire length of the riverwalk, you also have benches and trash receptacles that's required by the Miami 21 code. So we're very excited with this. We had a chance to go back -- we were invited to go back to the Miami River Commission this past Monday. To my surprise, City ofMiami Page 155 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 the -- some of the people -- some of the voting members did not allow us to present. They were under the misconception that we hadn't made any changes to the riverwalk. We more than doubled the width of the circulation area. They were also under the misconception that Planning and Zoning was not supporting our project, which there was already a report from Planning and Zoning already supporting our project. I believe if we would have had a chance to present that day, we would have gotten their recommendation today. Thank you. Chair Suarez: Thankyou, Mr. Milton. This is -- Ms. Escarra: IfI-- Chair Suarez: -- a P&Z item which requires a public hearing. Ms. Escarra: I apologize. -- may just save time for rebuttal at the end, please. Chair Suarez: Sure. This is a P&Z item that is eligible for a public hearing. I'm opening up the public hearing. Any member from the public would like to speak on this item? Sir, you're recognized for the record. Horacio Stuart Aguirre: Thank you. Good afternoon, Chairman Suarez, Vice Chairman Sarnoff, and Commissioners. Horacio Stuart Aguirre, on behalf of the Miami River Commission as chairman. It's a very difficult situation to come up here after having heard so many accolades from one of the finest presenters that has stood before you, and it's an excellent proposal. I have a letter that I've handed out to you andl will read into the record since it was issued today and it is from the Miami River Commission and it reads as follows. This is the official statement requested by City resolution 00-320 regarding the PZ.2 item which impacts the Miami River. During the Miami River Commission's December 5, 2011 public board meeting, Ms. Iris Escarra, Mr. Joseph Milton, Sr., Mr. Eddy Frances, and Mr. Bill Eager presented the proposed Miami River Apartment plans. The Miami River Commission agrees with the City ofMiami Planning and Zoning Department's recommendation for approval with the condition that the project comply with the Miami 21 zoning code. Therefore, since it presently does not comply to the letter of the law, the Miami River Commission respectfully recommends denial of the four requested variances, waivers, and/or exceptions passed by majority vote. One of your Planning and Zoning Department's required conditions in their recommendations states, 'project shall comply with the Miami 21 zoning code, " and the current proposal does not comply with the Miami 21 code. Therefore, it requires four pending variances, waivers or exceptions. And not only that, it requires two other reductions in Miami 21 required waterfront building and side yard setbacks as it is proposed to you today. And this is important to us because we feel that if we give in to this request today, we are setting a precedent for all future requirements that come before you today. There are additional requirements for the side yard setbacks and for the public riverwalk width, and must agree with Mr. Milton. He made a very fair presentation of what it entails. That is basically the essence of the letter that I have to read. I'd like to say something personal. I have the highest personal regard for Mr. Jose Milton, Sr. and for his son, Joe, and for his family. This is a good project. It's unfortunate that the Miami River Commission's job is to demand full enforcement to the letter of the law. Were it not for those items, we would be speaking a different letter today. We would be saying we fully, wholeheartedly, eagerly support the project. This is a good-looking project. It's an attractive project. It just does not meet the letter of the law and that is our legal statutory requirement as I stand before you today. Thankyou very much. Chair Suarez: Thankyou, Mr. Aguirre. Any other member of the public wishing to speak on this item? Ma'am, you're recognized. Kim Ostrenko: Hi. My name is Kim Ostrenko, 2520 Northwest North River Driver, a native Miamian. I grew up on the Miami River on a sailboat and then grew up on a house, which is at City ofMiami Page 156 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 that address. I was at both the Miami River Commission meetings and -- the one earlier this week and the one last month, andl have to echo what the gentleman before me said. I mean, this is the first development to come on the river in quite some time since Miami 21 was created. And I know the Miami 21 thing was a big deal. It took a lot of time, a lot of energy. A lot of people worked really hard on this. And the whole setback thing -- I understand this is not quite the river. It's the fork of the river, but the economy's getting better. There's going to be -- more and more development's going to be going on the main river and if you allow them this waiver, this kind of opens the floodgates. The dominos are going to start to fall and that is going to potentially affect my -- well, technically, my mother's property. The development had tried to come in a number of years ago; it was shot down. With these waivers, I mean there could potentially be, you know, a tall building five feet from my parent's window. I mean, it's just very, very dangerous. This is the first time in -- either the law has teeth or it's just going to be, oh, you could ignore it. They'll waiver it. Don't -- just -- this development -- I don't understand why he just can't make a smaller building, a smaller footprint, and go a little bit higher to match with the Miami 21 requirements. I think you have to be very, very careful with this. It's the first one. Chair Suarez: Thankyou. Ms. Ostrenko: Thank you. Chair Suarez: Thankyou so much. Any other member from the public wishing to speak on PZ.2? You're recognized, sir. Rick Eyerdam: Thank you. I'm Rick Eyerdam. I'm the executive director of the Miami River Marine Group at 3033 Northwest North River Drive. I'll make this really quick. We don't have the -- carry the burden that the Miami River Commission carries and I thank God for it, but I also thank God for Horacio Aguirre and for Brett Bilbo [sic] because they have to make these tough calls. Andl must tell you that there's a long, hard fact that all of you have been a part of at some time or another with the Miami River Marine Group and the developers along the river, especially the speculators who come in, take positions that change the tax stratus and drive poor maritime interests out of the way. This is not one of them. It's an elegant family. They're nice people. They do good work. They came in; we sat down. We talked about it. There was a part of this process that I wasn't happy with, which was the -- that we were able to take care of so that there was no risk to the -- to our settlement agreement or to the master plan. We found two or three things that we could do together. We're going to bring some of our people over there and rent them some units. This is great for us. And the other gentleman who was here earlier with the shuttle, we're going to get him involved to shuttle our employees over to the river. This is the kind of thing that we wanted the Miami River Marine Group to do, andl want you to know we do it in collaboration with the Miami River Commission as often as possible. But we're supporting this. Land is weird. Land is strange. Land has weird shapes. And deep inside of us, I think that there are times when there should be accommodations for people that are going through the effort to do as much as they can the right way and these people did as much as they could to in a very short period of time. I want to commend the staff too. They got these documents out and squared away so we had a chance to review them so we weren't looking at them at the last minute. That was great. Andl think his intelligent explanation of why they make these variances, why they're willing to recommend them is the type of thing that we need. Andrew Dickman, some of you may remember him. However, he told me that I have to warn you -- sorry -- that we really do need to go back to the Miami River settlement agreement. There are some things we were supposed to finish. There are some preliminary discussions that we may have before these things come to you so we can save you guys some time and effort. And Andrew's going to be calling (UNINTELLIGIBLE) to accept those things up in the (UNINTET,TIGIBLE). Chair Suarez: Thankyou, sir. Mr. Eyerdam: Thankyou. City ofMiami Page 157 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Chair Suarez: Any other member of the public wishing to speak on PZ.2? Seeing none and hearing none, the public hearing is closed, coming back to this Commission. Is there any action that any Commissioners would like to --? Commissioner Gort: I think she wanted some minutes. Ms. Escarra: IfI may, just a one -minute rebuttal. Chair Suarez: Sure. Ms. Escarra: Really quick. One of the things I wanted to point out with the neighbors' concerns was that as you know -- all know, this is an item that requires public hearing approval for any waterfront setbacks so any other applicant, such as ourselves, would have to come before the Commission in order to obtain the setback. One of the interesting things about our site is that it's actually not like your perfect rectangle. It actually curves this way and curves this way. So when you take that particular site and try to build an efficient building in site, it's really difficult and it also increases the cost of construction in order to be able to build that. So I wanted to point out the uniqueness of the site andl also wanted to point out the security that the neighbors would have in having to come before this public hearing Commission for any other modification. Thank you very much. Chair Suarez: Thank you, and thank you for abiding by the minute as well. Again, coming back to this Commission, is there any discussion or a motion? Commissioner Gort: But -- Commissioner Spence -Jones: I just have a question, but I'm going to defer to the district Commissioner and also the Miami River. I would like to hear our appointee's viewpoint on it as well. Commissioner Gort: When I first got elected, you know, there was a fight that was going on with Miami River and the City ofMiami that was in Tallahassee. It was (UNINTELLIGIBLE), andl think was instrumental in working out a deal where we came up with the right solutions for this. I've look at this and I'm committed to the river. My commitment is within my district, I would not allow the building within the river. This is a part of a branch that cannot be navigated by larger vessels, so I don't have any problem in going along with it and make a motion in favor of it. I think that type of amenity is needed within my neighborhood, especially within that area. I consider that a workforce rent. When you look at the rent today, the prices of rent and the amenities they get, the people that pay $750 for one bedroom, you should see what it looks like in those buildings. So I personally would the -- I would agree with the amendments andl would like for you to go over the amendments again that you requested. You requested some amendments, didn't you? Chair Suarez: Conditions. Commissioner Gort: Some conditions. Mr. Garcia: Right. There are conditions on record that you have on your backup. If you want me to address any of them in particular, I'm happy to. Commissioner Gort: Please. Mr. Garcia: Yes, certainly. One of the conditions and perhaps the one thatl will focus in on the most is that none of the wet slips that are present on the property can be changed. Those are to City ofMiami Page 158 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 be retained there in perpetuity, and that again goes to the issue brought up previously regarding the settlement with the Miami River Commission -- rather, the Miami Marine Group, andl will read briefly for the record the other conditions. The project is to comply with the Miami Neighborhood -- Miami Comprehensive Neighborhood Plan as applicable. The project is to comply with stipulated settlement agreement that has been addressed. Approved ownership for submerged lands to the satisfaction of the City Attorney and other reviews may be necessary depending on the need for special permit, so there may be a waiver or a warrant still left to be issued and that will be worked out administratively. And last but not least, I appreciate the opportunity, Commissioner Gort, to address the condition that states that the project shall comply with the Miami 21 zoning code. The reason for the presence of that condition is this. Clearly, the Miami zoning code provides for these applicants to request a waiver from this Commission. We certainly defer to the Commission in terms of its ability to issue the waiver. And if the Commission does issue the waiver as requested, then the remainder of it certainly shall comply with Miami 21 and the project as a whole shall comply with Miami 21. I'd like to say one more thing because it is likely that over the history of development of the Miami River, we will revisit these issues again. When the standards and guidelines for the development of the riverwalk and the Bayfront walk as well were developed, it was understood by all that these standards are intended to serve as a guideline and that they are to be applied and slightly tailored on a case -by -case basis. So if a property were to be 10 acres in depth -- in area versus, you know, 5,000 square feet, the standards are the same and they serve as guidelines and they do set forth a minimum width for the Miami Riverwalk or for the Bayfront walk. They do so for certain improvements that are required, but we believe that as each project comes in, we need to hold the applicant to the best possible design that is reasonable within the site. In this particular case -- and you've heard testimony to this effect -- the applicants came in with one particular design. It was thoroughly reviewed and vetted by all interested parties, and the result of that was that the riverwalk itself was significantly expanded and significantly improved in terms of amenities. We at present are satisfied with those -- with that design and we want to give every assurance to the Miami River Commission -- and I need to state on the record that Miami is fortunate to have a Miami River Commission which champions any development and any improvement on the river and to be held to the highest standards. We deserve nothing less. However, the assurance that I want to give the Miami River Commission in making our recommendation is that we will carefully analyze the implementation of those standards on a property -by -property basis. The reason why -- and I'll close with this, Commissioner -- we think that this particular property merits this particular treatment -- there are two mitigating factors. One is the fact that there is no riverwalk leading up to this property or leading away from this property. The properties at either side have been developed. The properties at either sides have provided no -- virtually no riverwalk. In fact, what you have in most conditions is a surface parking lot leading all the way up to the bulkhead as a characteristic of the general area. In addition to that -- so beyond providing the riverwalk that they have here, they've also provided free public access leading to the riverwalk from the street and leading out of the riverwalk back to the street. And last but not least, prior to the latest amendment ofMiami 21, the only condition applicable to this property would have been to enhance the sidewalk fronting the public right-of-way, the street in some manner that was somewhat, you know, appealing. The requirements as a result ofMiami 21 significantly increased -- this dates back to a year and a half ago -- the threshold to which developers had to comply. It so happens that this particular site is an isolated condition and the level of development and refinement that will be provided to the riverwalk will not be reflected by the properties at either site, and these properties are not likely to be redeveloped any time in the next 40 years to be safe on that. So for all those reasons -- and again -- once again, committing, because I think it is important, to the fact that subsequent projects will benefit from our close scrutiny and full review in an attempt to have them comply with the Miami Riverwalk requirements, our recommendation for this project is for approval with conditions. Commissioner Gort: Thank you. Let me add couple of things. When I voted for Miami 21, I voted for it because it was something people had worked for two years on it, but I said it from the City ofMiami Page 159 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 beginning, it's not going to be able to fit and apply to all the neighborhoods. We have different neighborhoods through the City ofMiami. As a matter of fact, Miami 21 has been amended a couple of times and there are certain places where need to have additional amendments going to be coming up as case per case. But my commitment again is within Miami River I will not vote for any major development there because that's what the -- that should be for marine use, andl think that's an industry that we need there and we need to keep it. At the same time, one of the things that I looked at -- I know the neighborhood very well -- is that it's right next to 27th Avenue, so it goes right into 27th Avenue. They can get in and get out through the major streets there and they can also use 22ndAvenue. Thank you. Chair Suarez: Thank you, Commissioner Gort. Any further discussion? I think Commissioner Spence -Jones, did you have a question that you wanted to ask on this? Do you want to ask one, Commissioner Carollo? Commissioner Spence -Jones: Yes, yes, I do. Commissioner Gort: The workforce. Commissioner Spence -Jones: You already know the (UNINTELLIGIBLE). Commissioner Gort: That's right. Chair Suarez: Commissioner Spence -Jones, you're recognized for the record. Commissioner Spence -Jones: I just wanted to -- there's two things I had. One, the person that's actually sitting or the person that's sitting on the actual Miami River Commission, I didn't know if he had any thoughts, 'cause I'm assuming you've been involved in these discussions back and forth, but did you have any comments at all on it? Commissioner Carollo: The one comment that I have is one that I spoke about at the last Miami River Commission, is that, you know -- andl'm trying to work towards speaking with one voice. I would have liked for the Miami Marine Group to and the Miami River Commission to come here with one voice and not with separate views. That's something that, you know, I try to foster in the last meeting. In certain items, we were able to accomplish that andl'm hoping that this continues because, you know, I also yield to the district Commissioner. So it's a little awkward situation. And you know, the normal attitude of this Commission has been yielding to the district Commissioner. Commissioner Spence -Jones: Okay. Already, I just want -- I didn't know if you had any additional knowledge, you know. Commissioner Carollo: No. I wouldn't go with any additional knowledge. I just -- again, I wish we would have spoken with one voice. I definitely respect Horacio for coming here and Brett Bibeau. And again, I wish it would have been one voice, andl wish it would have been somewhat of a compromise where we all could have, you know, left happy. Commissioner Spence -Jones: Okay, so I wanted to get your input. So my only thought on any of it -- and for those that do know me, I mean, I truly support a working river. I truly support from day one being on the Commission -- whatever I could do to support any industry, marine industry -type activities happen on the river, I've always been there. And for me, I -- quite frankly, I feel like we don't do enough on the river to even spur the kind of jobs or the industry itself, and hopefully that's going to change as we move ahead. When I look at this -- and is -- Iris, just so I'm clear. When I look at this image where the project is, I'm assuming it's where the gray is. City ofMiami Page 160 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Ms. Escarra: Yes. It's -- Commissioner Spence -Jones: Okay. Ms. Escarra: -- the site right here. Commissioner Spence -Jones: Right. So the one thing that gave me a lot of relief on it -- because like I said, it's very difficult for me to support something on the river that doesn't really drive that, the industry -- is the fact that it's kind of like off the river. Ms. Escarra: Right. Commissioner Carollo: Right. Commissioner Spence -Jones: You know, it's kind of almost creating, you know, almost a new community that can spur some additional energy on the river so -- Commissioner Carollo: Cul-de-sac. Commissioner Spence -Jones: Hmm? Commissioner Carollo: Cul-de-sac sort -- Commissioner Spence -Jones: Yeah, yeah. So when I see it -- in the beginning) was kind of thinking that it was like physically on -- Ms. Escarra: Right. Commissioner Spence -Jones: -- the main part of the river but it's not. So for me it's a lot easier for me to swallow this pill because it is not affecting kind of everything else that's going on on there. So the only thing that I would -- what I would like to at least put on the record is of course the Miami Works program. Knowing that this almost a $40 million project, which means lots of jobs, and just hoping that Francisco can refer that information also as well to Willy Porro's office. So when is -- if this gets approved today, do we have any idea --? Is this a year away from now? Is this six months away from now? Like I'm assuming there's nothing on the land now. Mr. Milton: Right. It's been cleared. Commissioner Spence -Jones: Right. Mr. Milton: The intention is to start construction in 60 days. Commissioner Spence -Jones: So we got jobs, huh? Mr. Milton: We got jobs now. Commissioner Spence -Jones: Okay, so -- Chair Suarez: Thank you, Commissioner. Is there a motion? Commissioner Gort: Move it. Commissioner Carollo: I think -- City ofMiami Page 161 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Chair Suarez: It's been moved by Commissioner Gort. Is there a second? Commissioner Carollo: Second. Chair Suarez: Second by Commissioner Carollo. I just want to say that, very, very briefly, I wish some of our affordable housing developers were here to listen to your presentation because Ms. Escarra: Private money. Chair Suarez: Right. There's no subsidies in this program and yet, you're still producing market rate housing at a $750, you know, per unit, $850 per unit price, which is incredible. And sometimes I think -- and the Commissioner probably agrees with me, that sometimes we -- you know, one of the first questions we ask when an affordable project comes before us is how much the rent's going to be -- Commissioner Spence -Jones: Yeah. Chair Suarez: -- you know, and is it really affordable. Commissioner Spence -Jones: Yeah. Chair Suarez: So I really commend you for the work that you do. I'm sure you -- you know, you've taken a lot of time and energy to study this and see what the market is there. You know, I think this is the way that property along the river should be developing, cooperation with all of the people involved, having our board members speak on the item, having our district Commissioners involved. So without further ado, is it -- does it need a -- need to be roll called or --? Ms. Thompson: No. It's a resolution. Chair Suarez: Okay. Commissioner Gort: It's a resolution. Chair Suarez: All those in favor, signifl, by saying "aye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. Ms. Escarra: Thank you very much, everyone. Have a good evening. Commissioner Spence -Jones: Thankyou. Mr. Milton: Thankyou. Commissioner Spence -Jones: And Mr. Chairman, as they pack up their things, the one thing that I do want to say, I think -- who's the father and who's the son? Where is he? Chair Suarez: That's the father and that's the son. Commissioner Spence -Jones: Where is the father and the son? Chair Suarez: Right here. Take a picture or something. City ofMiami Page 162 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 M.1 11-00980 Commissioner Spence -Jones: But what I just think -- this is Miami. This is -- to me, it's so beautiful to see -- Commissioner Gort: That's it. Commissioner Spence -Jones: -- a father and a son redeveloping their community. I mean, so many times we have projects where people come from all over the world to build in Miami, and that's great. We welcome them. But it's nothing like seeing a father and a son, a family member, you know, really rebuilding their community and that's what this is all -- to me, that's the beauty of this project. Commissioner Gort: Let me add something. The first condominium that was ever built in the City ofMiami was built by that gentleman -- I think it was about 40 years ago -- on 27th Avenue and 16th Street. That was the first condominium built in South Florida. Commissioner Spence -Jones: What building was it now? Joseph Milton, Sr.: That was the first condominium in the City ofMiami. Commissioner Gort: Right. Mr. J. Milton, Sr.: 1400 Southwest 27th Avenue. Chair Suarez: It's in my district. It's a beautiful building. I've walked it many times. Mr. J. Milton, Sr.: And it still look like a new building after 50 years. Commissioner Gort: That's right. Chair Suarez: It sure does. It's very well taken care of. Thank you, Commissioner. Ms. Escarra: Thank you, everyone. Commissioner Gort: Thank you. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO 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 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 City ofMiami Page 163 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 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 Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0007 Chair Suarez: Now I would like to go to the Mayor's agenda [sic]. Mayor, you're recognized for the record. Mayor Tomas Regalado: Thank you, Mr. Chairman. Good morning, Commissioners. I have in the citywide pages a resolution, accept the donation of a sculpture entitled "Flora La Recogedora De Suenos, " a sculpture from the Cundo Bermudez Museum and Gallery. This statue has an estimated fair market value of $1 million and it's been donated to the City ofMiami in perpetuity. This has been approved by the Bayfront Trust. Also, the City Attorney has work on this, although she may have some comments. This has also been approved by MA111, the Miami Art Museum, since they have on loan to the City a statue in the place that this statue could be. When their contract expires, they wanted to take it back and then this statue will be able to be placed there. The Cundo Bermudez Trust has agreed to pay for any and all costs to install this statue and this will be part of the City ofMiami art collection. Andl know that the Attorney just wanted to add something about perpetuity or something. Julie O. Bru (City Attorney): I just wanted to clar. The agreement that's attached is in substantially the attached form. Before we actually consummate this transaction, we will make sure that the grantor warrants the title to the sculpture and transfers the title to the sculpture. So those are additional documents or representations that will be included in this agreement. Mayor Regalado: And the statue is and will be on a warehouse until the John Henry statue is removed from the site. So this is just ceremonial to accept the donation and, like the City Attorney says, then they have to fill all the documents and deed the statue, the property to the City ofMiami. Chair Suarez: Thankyou, Mr. Mayor. Do we have any discussion from the board? Vice Chair Sarnoff. Yes. Chair Suarez: Commissioner -- Vice Chairman Sarnoff, you're recognized. Vice Chair Sarnoff. Thankyou, Mr. Chair. Mr. Mayor, did you say you were going to move the John Kennedy exhibit? Mayor Regalado: The what? Vice Chair Sarnoff. Did you say you were going to move the John Kennedy exhibit? Mayor Regalado: John Henry. City ofMiami Page 164 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Vice Chair Sarnoff. Oh, John Henry. Mayor Regalado: I think it's the John Henry, the one that MAM owns near the slip. Vice Chair Sarnoff. Oh, the big -- that big -- Mayor Regalado: Right. Vice Chair Sarnoff. Okay. Mayor Regalado: Because they wanted -- they want the statue back whenever they are done with the museum and that's why Tim Schmand and the Bayfront Trust did all these details. Vice Chair Sarnoff. Oh, I misheard you and thought it was the actual -- the flame, which I think Mayor Regalado: Oh, no, no, no, no. No, no, no, no. No, no. The flame -- Vice Chair Sarnoff. Yeah, I got it. Mayor Regalado: I was almost born with -- all of you were born with the flame and it's a signature. No, that's way north. Vice Chair Sarnoff. Yeah. I -- Mayor Regalado: It's way north. Vice Chair Sarnoff. -- you're right, by the slip. I know the statue you're speaking of. I didn't know that was the creator or the author or the -- Mayor Regalado: Right. Vice Chair Sarnoff. I didn't know that. Okay. Chair Suarez: Thank you, Mr. Mayor. Any other discussion from the board? Do we have a motion? Vice Chair Sarnoff. So move. Commissioner Spence -Jones: Second. Chair Suarez: It's been moved by Vice Chairman Sarnoff, second by Commissioner Spence -Jones. All in favor, signift by saying "aye." The Commission (Collectively): Aye. Chair Suarez: It passes unanimously. Mayor Regalado: Thank you, Mr. Chairman and Commissioners. M.2 RESOLUTION 11-00878 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN City ofMiami Page 165 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 INTERLOCAL AGREEMENT BETWEEN THE TOWN OF CUTLER BAY AND THE CITY OF MIAMI, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE 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 11-00878-Submittal-Citizens Allied for Safe Energy, Inc..pdf DISCUSSED Mayor Tomas Regalado: And Mr. Chair, the last item is a resolution that the Manager has requested that it becomes a discussion item for the Commission. I think it's important that it's discussed in public, and this is about the Green Corridor, the Property Assessment Clean Energy, what everybody calls the PACE (Property Assessment Clean Energy) District. As you know, the City ofMiami has been invited to participate in this. You all have been briefed, but there are many questions andl think it's -- what the Manager's idea is is to have the opportunity of the company or the representative to explain and then for the Commission to ask question. And the Manager has requested that we defer this from whenever you feel that we should have it in the agenda. Chair Suarez: Thank you, Mr. Mayor. [Later...] Chair Suarez: Mr. Pastoriza, you're recognized. Gilberto Pastoriza: Good morning, Mr. Chairman. Pastoriza, 2525 Ponce De Leon, here on behalf today of the Town of Cutler Bay. First of all, I would like to congratulate you, Mr. Chairman, on your recent appointment to the Chairmanship. Chair Suarez: Very recent. Mr. Pastoriza: Ms. Spence -Jones, I'm very happy to see you back on board and to all of you Commissioners, members of the staff a very happy and healthy 2012. With me today is the honorable Mayor Edward McDonald from the -- I'm sorry, MacDougall, from the Town of Cutler Bay -- Commissioner Gort: You wish you were McDonald. Mr. Pastoriza: -- Steve Alexander, the City Manager, and Dan Schaefer and Joseph Spector, from the company, Ygrene, as well as many other contractors and citizens that are all in support of this interlocal agreement. We're asking the City ofMiami today to join some other municipalities, such as the Town of Cutler Bay, Village of Palmetto Bay, Village ofPinecrest, the City of South Miami and Miami Shores who have all unanimously voted to join the Green Corridor District. Joining the district will allow its residents and business owners within the City ofMiami to participate in the Property Assess [sic] Clean Energy program, otherwise known as PACE. PACE is a voluntary program which provides opportunities to upgrade and make certain green improvements to properties. Mr. Schaefer, president of Ygrene, will go a little bit more into detail on what the program is all about. What I would like to stress to this Commission are the benefits, the benefits not only to the City ofMiami, but to the residents such as myself that live in the City ofMiami, to the property owners, to the business owners in the City ofMiami, and to the workforce of the City ofMiami. We estimate that within the first five years of this program the City ofMiami is going to experience things that they have never experienced before. For example, first is an influx, a stimulus of approximately $170 million that is going to be private money that is going to come as a result of all of this property owners City ofMiami Page 166 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 and business owners going forward, modernizing their homes or their businesses and making them more energy efficient thus preserving our natural resources. So you've got $170 million that is going to come within the next five years that is a direct result of activity that is going to be generated by this program. We estimate that the multiplier effect of this $170 million in the local economy -- because remember, this is going to be local and it's work that is going to be local, that is going to be done by local contractors. So the multiplying effect -- multiplier effect that we envision from this $170 million is approximately $415 million -- I'm sorry, $450 million, which will be pumped into the local economy in the next five years. Third, in today's dismal job market, we estimate the creation of 2, 600 private jobs in the next five years. These will be private sector jobs which will not require any government assistance or subsidies. Four, better utilization of our national [sic] resources and economic savings to those who voluntarily go forward and making their green improvements to their homes and businesses. And finally, which I think is a real kicker, is that this all comes at zero cost to the City ofMiami, zero liability to the City ofMiami, and zero increase in any tax burdens to the regular taxpayers. In summary, we believe this is a win -win item, and with all due respect to your staff I think that this could be an item that could be acted upon today. In these economically starved times, the $450 million of economic stimulus and the creation of 2, 600 jobs within the next five years at no cost to the City and its taxpayers is manna from heaven. It's an opportunity that cannot be delayed or missed. I thank you very much, and now you'll have -- I'm here available for questions. Mr. Schaefer, who is the president, is going to talk to you a little bit about the program and the company and how everything works, andl would urge you to support the item and go forward with the item. There's really no need to delay this anymore. We need to get people out there certified We need to get contractors certified. We need to get the ball rolling so that we can start creating some of these jobs. Thankyou. Chair Suarez: Thankyou, Mr. Pastoriza. And welcome mayor and city manager. Sir, please state your name and address for the record when you speak. Dan Schaefer: Yes. My name's Dan Schaefer, from 400 North Tampa, Tampa, Florida, representing Ygrene Energy Fund on behalf of the Green Corridor District. First of all, I'd like to thank you all for having me today. Just initially wanted to cover some of the key details about PACE, the Property Assessed Clean Energy program. It does enable property owners to implement energy efficiency and renewable energy improvements and also in the state of Florida, hurricane protection, so that is also available under the Florida state law. It is a hundred percent voluntary so it would only affect a property owner who chooses to participate in the program and does not affect any of the other property owners nearby, so you have to volunteer to participate in the program. Where it's been implemented in the US (United States), it's a very safe, proven model and it's a triple win. It's a win for local government, it's a win for the property owners, and it's a win for the local contractors. So just some of the highlights of why the Ygrene model is being very widely -- nationally recognized as a excellent way to implement this program. First, as it was discussed, it comes at no cost to local government. We implement a marketing and outreach program, including print advertisement and media. Property owners and contractors can participate through either registering online or in person through an energy center. It's an office we'll open in the district that allows property owners to become educated as to how to participate and it will serve as a training center for contractors so that we can train them and certify them to participate in the program. Secondly, in order to make these programs work, the project funding must be immediately available. That's how it's successful. So we have arranged a pool of private capital that funds these projects at no cost and no risk to the local government balance sheet and it's immediately available for property owners who want to participate using certified contractors within the program. Let's face it, these are very challenging economic times. This is a way to implement these projects, create local jobs and help stimulate the local economy as we discussed earlier. Finally, the third, our entire program is built around local contractors. We will reach out to them and put them through a free training certification program where they'll learn how to engage with property owners and use this money in order to implement these projects. It's a proven model and we're City ofMiami Page 167 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 focused on the local folks. They really do this work. That's how this program works best and so we hope to work very rapidly and engage with them. So finally, our commitment is to immediately sign the lease to open up our energy center, begin certification process within 45 days of the local contractors, and then have a full program launch within 90 to 120 days. And we thank you for your support in the program. Chair Suarez: Thankyou, sir. If you could just both remain for questions. Do any -- are there any questions from the Administration or from members of the Commission? Commissioner Carollo: Mr. Chairman. Chair Suarez: Commissioner Carollo, you're recognized. Commissioner Carollo: Thankyou. And when I was briefed by the Manager, he mentioned that this will be deferred, and then he told me, however, they will do a presentation and if you have questions. Andl will admit, I started doing, you know, a little bit of research, not much but -- 'cause I knew it was going to be deferred. The one issue that, you know, I looked up and you know, I want to be able to put it out there so you could address is that the Federal Housing Finance Administration, the agency that regulates Freddie Mac and Fannie Mae, issued a letter taking the position that it will not purchase loans from the PACE liens. So, you know, without getting into too much detail, you know, in essence, someone that goes through this program and then wants to resell their home, most lenders, you know, resell to Fannie Mae or Freddie Mac, and if they will not, you know, take, you know, the loan, then in essence, the buyer will have to somehow find a way to pay off this loan, which is, you know, one of the, I think, key of this PACE program that, you know, it could be transferred to another buyer. If you could address that 'cause I think there's some -- I at least have some concerns about that. And again, I'm just looking out for, for lack of better words, the consumer, the resident out there that may want to do something like this, and l just don't want to, you know, get them in some type of a jam. Mr. Schaefer: Yeah. That's a true statement. The issue -- this only relates to properties that would have conforming loans, so residential properties that either don't have a conforming loan or no loan at all should be able to participate. In Sonoma County, which is the leading program in the country, there have been a number of instances of -- where properties have transferred successfully, the reason being that it is a loan, but the repayment is over a long term and it does increase the value of the property by 10 percent. So in many cases the property value, when factored into the refinancing, enabled the whole program to go forward; and in fact, FHFA (Federal Housing Finance Administration) took on a number of loans that had PACE liens on them and continue to exist on the property. It's an unfortunate aspect in the program because it means it's treated like a normal loan, and the process whereby which we would implement is to put full disclosure that if you have a conforming loan, which we will know before somebody applies or does this, you may have to pay this off like a regular loan as opposed to a lien when you sell -- when you go to sell or refinance your property. So it would be treated like a regular loan. Mr. Pastoriza: IfI may, let me expand a little bit on that. It is my understanding that this will act as a special assessment lien that would appear in the property tax bills, okay. So under that scenario, this would be just like if you do a special assessment for a sidewalk, sidewalk improvements, those kinds of things. So that therefore when a buyer comes in to buy the property, you don't automatically get rid of all the special assessments that are levied against that property. So this would be treated just the same way, which is when I buy, I know thatl have that special assessment that I've got to pay every month or whatever or every -- annual, and that would be part of my closing functions with my buyer, between the buyer and the seller. So that -- it is really, in essence, treated just like the special assessment liens that you put on your property records. Now, there is an advantage here too because if you want to, as part of your buying and selling negotiation, make that part of your contract to either pay it all off or City ofMiami Page 168 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 whatever it is that you want to do with it, you could do that also. But think about it as a special assessment lien that goes with that property at the time that you sell it. Commissioner Carollo: Mr. Chairman, follow up. Chair Suarez: Yes. You're recognized, Commissioner Carollo. Commissioner Carollo: Hopefully, I could remember the three items that want to address now as a follow-up question and don't do a Rick Perry. Anyways -- 'cause there's three items that want to address. The first -- when -- and I'll go -- Mr. Pastoriza, you mentioned, yeah, that -- just like in an assessment, the buyer, you know, takes it on. But the problem is that the buyer may not obtain financing to now purchase the home because Freddie Mac or Fannie Mae has not then -- will not take this type of a loan. Now, with that said -- I'm sorry; I don't recall your name, but you mentioned that there is somewhere where they actually -- even though they issued this letter, they have actually taken the loans? Mr. Schaefer: Yeah. Actually, in Sonoma that occurred. There was a hundred -- there's been 129 refinancings since the program started two years ago on just about 2,000 properties and many of which were refinanced, and there's even evidence where Fannie and Freddie took a loan that had a PACE lien on it. Commissioner Carollo: Even though they issued that letter. Mr. Schaefer: Even though the letter's been issued. They -- of course, this does not relate to commercial properties at all, so this is strictly related to residential -- Commissioner Carollo: Residential. Mr. Schaefer: -- properties with conforming loans. And the bottom line is in that area you have to go into the program treating them like they're a loan that you would have to pay off on a sale or refinance and that's a decision the property owner can make. But because it reduces the operating cost of the property through the energy savings and increases the value, they were built into the refinancings because it's a direct investment in the property by reducing its costs and increasing its value. Commissioner Carollo: Let me ask you something. Since this is a discussion item, is it possible to obtain that information by, I don't know, I guess the next meeting, whenever we're going to vote on this? Is it possible to obtain that information so I could see, you know, the -- and that will alleviate some of the concern that I have? Commissioner Gort: Mr. Chairman. Commissioner Carollo: And the third thing, so -- andl do remember. Chair Suarez: Yeah, let him continue and then -- Commissioner Carollo: I didn't have a Rick Perry moment. Chair Suarez: -- let him finish his -- Commissioner Carollo: The third thing is, you said that you were going to have full disclosure, that it will be in the documents. However, it's not going to be small print, right? It'll be, you know -- Mr. Schaefer: No. In fact, the industry standard is big, bold letters -- City ofMiami Page 169 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Commissioner Carollo: Okay. Mr. Schaefer: -- at the top in three places when you apply and then when you go through the process of finishing the project approval and then actually the finance agreement itself. So it's multiple times that we make sure somebody with a conforming loan is in this situation. Commissioner Carollo: Gotcha. And -- Mr. Pastoriza: Commissioner -- Commissioner Carollo: -- I appreciate that and I'm just looking out for the resident. I just don't want later on saying, oh, we didn't know and so forth. So I don't want any small print. I want it to be, you know, stated like -- as he said. Mr. Pastoriza: As additional assurance to you, Florida Statute Chapter 163.08 requires that type of disclosures in bold letters, you know, so it's just not -- Commissioner Carollo: I just want to make sure. Mr. Pastoriza: -- you know, the company. Chair Suarez: Thank you. Mr. -- Commissioner Gort: Mr. Chairman. Chair Suarez: -- Commissioner Gort, you're recognized for the record. Commissioner Gort: I think the program's a great benefit, but think -- I believe there's a lot of questions that need to be answered. And I'm glad you brought up the disclosure. I think that -- I'm not an attorney, but I've been involved in a lot of things and you have to disclose that to make sure -- and when the person's going to sign a document, that he might be (UNINTELLIGIBLE) finance it to this federal funds. I think it's very important the disclosure have to be involved. Now you said it's no cost to the City. My understanding in reading the document, the City ofMiami is the one that has to sign the contract with the Dade County and they have to do the administration, they have to do the work. So there is work by the City which is expense to the City. So don't mention no cost at the City. There is some cost to the City andl think Administration's got to analyze and look at it and how much it's going to cost them. At the same time, my question is, in this City you have to be -- and you're from Tampa andl have people that come from many other city and we talked before. And for some reason, South Florida, particularly Miami, is different. I'm speaking in behalf of my district. This is something that you really have to have a great marketing tool. You got to make the people very familiar. You got to make sure they read all the document. You got to make sure they understand what they're getting into. I think that is very important, your marketing strategy. At the same time, we talked about the vendors. How are you going to select the vendors? How are you going to train new vendors that can come up? Where is the list of vendors where you're going to get them from? 'Cause we have people coming here all the time promising us all kinds ofjobs andl think we're still waiting for them. We have a lot of projects that we have given funds to or we have worked through that committed to give jobs and my understanding, the unemployment in the City ofMiami is about 10 percent. The rest of the country has come down; the state of Florida and the City ofMiami is up. So this is a question that would like to have answered. I think the program gives an opportunity to individual -- I believe the program is a great program. It gives an opportunity to an individual to put his house up to grade and the payments are going to be through a long-term financing instead of short-term financing. My other question's going to be your interest rate. And those are the questions that I have. City ofMiami Page 170 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Mr. Pastoriza: Commissioner Gort, maybe we can give you like a preview then of some of the answers to your questions 'cause we do have -- thought about those questions and we do have come up with the answers which are, you know, the way the system works andl think that he can address probably or at least give you a very nice preview of what a more detailed explanation could be if you choose to defer this item. Chair Suarez: Thank you. Is there any further --? Commissioner Spence -Jones, you're recognized. Mr. Pastoriza: You wanted to maybe say something to -- Commissioner Gort: Why don't you get all the questions from all the Commissioners -- Mr. Pastoriza: Okay. Commissioner Gort: -- and then you'll be able to answer them all if that's the wish. Commissioner Spence -Jones: Thank you, Mr. Chairman. Commissioner Gort: It's up to the Chairman. Chair Suarez: That's fine with me. Commissioner Spence -Jones: Thank you, Mr. Chairman. I have -- I do have a few questions, Mr. Pastoriza. You mentioned -- you know, I know you wanted to know, you know, why -- I'm assuming the Administration told you this was something that should have been more of a discussion item first than us voting on it today, andl think that probably all of us sitting up here have many, many questions because whatever decision we make period on the dais affects tomorrow. After we're all gone, it affects tomorrow, so I think that we should not rush the situation if we don't have to and that was my number one question. Just so that I'm clear, is there a time frame in which this decision has to be made? Mr. Pastoriza: No. We can wait 'til next month, but the -- Commissioner Spence -Jones: No, no. I'm saying beyond the next month. I'm just saying just in general. I -- in my briefing that I had, I was told that it was a certain time period that -- in order for all the cities to, you know, build a compact. What was -- what's the time frame on that? Mr. Pastoriza: There's no like a cutoff date, drop -dead date. We do have already, like I mentioned to you before, about six or seven cities that are already on board -- Commissioner Spence -Jones: Right. Mr. Pastoriza: -- and that everybody's very anxious to get it going. I think we always look to the City ofMiami to be a very, you know -- one of the cities that are -- one of our sister cities in joining us in creating this district because I think at the end of the day, it really benefits your residents and your jobs creation. Commissioner Spence -Jones: Right. So just so I'm clear, so there's really no time frame in which we do this, but we do want to put it on a fast track to get it -- to at least get it moving? Mr. Pastoriza: Well, I would like to -- if you defer it today, that you take some kind of action next month. City ofMiami Page 171 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Commissioner Spence -Jones: Right. But just so I'm clear, there's no time frame, no deadline -- Mr. Pastoriza: No. Commissioner Spence -Jones: -- in which to do it. So that was the number one thing. The other thing that I had a question on -- and then I have my questions about the item itself -- is you mentioned the cities that were participating in it, right? Are there cities that decided not to participate in it? Mr. Pastoriza: To the best of my knowledge, none so far. Commissioner Spence -Jones: Okay. To my understanding, in my briefing, I believe Coral Gables was one of the cities that was at the table and they decided not to participate. And then my question becomes -- or Coral Gables and Miami Beach. Mr. Pastoriza: It has not come up before the City of Coral Gables for a vote. Commissioner Spence -Jones: Not -- I'm not saying it came up. I'm saying going over to meet -- I think it was the -- if I'm not mistaken, it was the City ofMiami Beach or Coral Gables. My question would be -- yeah, not in front of the Commission. Just like you had to come brief all of the Commissioners about how we felt about the item, right -- Mr. Pastoriza: Um -hum. Commissioner Spence -Jones: -- to my understanding, the same action has happened in a few other cities in South Florida. I just want to be clear. And then my question compounded on top of that is why -- what was the reason they decided not to participate? Mayor Regalado: There -- Chair Suarez: Yeah. Commissioner Spence -Jones: Oh, you know the cities? Mayor Regalado: Yeah, I know. Commissioner Spence -Jones: Oh, okay. Chair Suarez: Okay, Mr. Mayor, you're recognized to answer Commissioner Spence -Jones question. Mayor Regalado: Yeah, just briefly, because we didn't had a conversation with the mayor and the manager in Coral Gables. And the reason that they have not discussed the item is because they say that there is a court case in California, which is about to be discussed by the courts, that could impact that, so to be overly cautious, they're waiting for -- even to bring it to the City Commission in Coral Gables. The other thingl want to just say is that it was the intention from the beginning of the Administration not to ask for a vote today -- Commissioner Spence -Jones: Yeah, yeah, yeah. No. Mayor Regalado: -- but to -- Commissioner Spence -Jones: I just think we have to always operate with wisdom. And if the City of Coral Gables has decided it's a great program, which it seems like based upon my briefing with Mayor Alexander, which I thought was a great briefing, if that is the case, I'm sure City ofMiami Page 172 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Coral Gables feels the same way. I would just think that as Commissioners we would want to proceed with caution and do the same thing as the City of Coral Gables is doing only because right now in the City ofMiami we can't afford to have anything that's not going to -- that's going to create an unstable environment. So my question -- that was my question. If one or two more cities think it's a great idea but they want to hold off until court case or whatever it is, I would think the Administration would take the necessary steps to figure out why so that we don't find ourself [sic] in the same situation. But that was my question on -- just on the City part of it. Mayor Regalado: And Commissioner, to our knowledge the only city that has that idea of waiting for the resolution of the case is Coral Gables. We don't know of any other -- Commissioner Spence -Jones: About the other ones. Mayor Regalado: -- about any others. Commissioner Spence -Jones: Okay. Andl would like to instruct the Administration for us to reach out to the City of Coral Gables to at least get their questions or their concerns or the reason for their delay so that at least we can make intelligent decisions because whenever we decide to move on to other things in life, the people behind us have to deal with whatever decisions we decide to make and I'm not making any decisions that think that's going to affect the future ofMiami. I don't want to do that. So that was -- I don't want to spend a lot of time on that. I just -- Mr. Pastoriza: I just wanted to add something. Commissioner Spence -Jones: No -- Mr. Pastoriza: I just wanted to clam that whatever lawsuits are out there, those lawsuits only really deal with residential properties less than four units -- Commissioner Spence -Jones: Yes. Mr. Pastoriza: -- and that properties that are mortgages that are, you know, related to the FHA or Fannie Mae and all that but has nothing to do with any nonresidential properties within any of the cities. Commissioner Spence -Jones: Right. Chair Suarez: Thank you. Commissioner Spence -Jones: I got -- Vice Chair Sarnoff. Mr. Chair. Commissioner Spence -Jones: I'm not finished. I'm sorry. So that was my number one question for the Administration was to find out why the cities were not participating. I would like also for the CFO (Chief Financial Officer) to give me the pros and cons of you know, us participating in the pro -- I think we should always look at the good and the bad of everything before we make a decision. And the mindset of well, the City has no liabilities; every single Commissioner sitting up here will admit that the City will always have a liability. No matter what agreement we sign, you know, if, for whatever reason -- it always leaves us exposed when we make a decision that can affect anybody in the City. So I -- the issue of us not being liable for something, I just -- it's hard for me to kind of swallow that one. But let -- these are my main questions. So I know that Commissioner Carollo mentioned the issue of you know, banks and how this can affect homeowners, butl want a direct answer on it. And I'm just going to simplin, it so that even my City ofMiami Page 173 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 residents watching this will understand it and this is the question. Will this item impede homeowners from refinancing their homes? Because it's my understanding that the banking industry is opposed to this type of legislation. Is that a true statement or not? So I guess I'm supposed to ask the questions and you'll tell me in the end? Mr. Pastoriza: I have it -- I have the -- I have your question here. Commissioner Spence -Jones: Okay, no problem. Mr. Pastoriza: We'll answer it when -- Commissioner Spence -Jones: No problem. So I'll just go through all of them like the Chairman has for us to do and then you can -- Mr. Pastoriza: Absolutely. Okay. Commissioner Spence -Jones: Okay. The other question I have, I understand that there was another municipality in Leon County that had an issue not with this particular program but a program similar to it. Have we considered having a cap added on this so that the homeowner's not affected to this? I believe in Leon County they have a certain cap on this. Is there a cap on this item or should there be? Like, is there a cap for the homeowner so that they're not affected? I understand that there was a lawsuit that Leon County just went through in reference to this Fannie Mae issue. I don't know if you have the information on that at all. I would like to at least have clarity on the Leon County issue. I guess you want -- I'm just giving you all the questions and then you can just respond to them after. And the last two I had was -- I think you kind of answered it and that was whether or not the homeowner would be responsible for the debt. And I'm assuming you told me that there's -- I'm assuming that there's a way that it can be worked out so that the homeowner would not have to assume the debt or they would. Mr. Pastoriza: Well, there's always going to be a debt here -- Commissioner Spence -Jones: Right. Mr. Pastoriza: -- okay, that is going to go with the property. So -- and the debt is kind of like similar to your assessment lien that when you sell a piece of property, that debt continues with that piece of property, notwithstanding the fact that you sell it or refinance it or whatever. Commissioner Spence -Jones: So this is something that's already done already from the special assessment process so in the sense the homeowner is actually making the selection to actually participate in the program, then they will know this going into it? Mr. Pastoriza: Yes, absolutely. Commissioner Spence -Jones: Okay. All right, and then last but not least -- because this is extremely important. You know, we have so many different initiatives that come in front of the City ofMiami programs, projects, asking for us to vote on items to, you know, basically make the City better for our residents. My biggest question is, you know, do we have a guarantee that this is actually going to reduce the costs, you know, the homeowners' costs by in -- you know, by installing the program? Do we actually --? Is there going to be like a period in which we do a run on the program before we get involved? I mean, is there a test run that takes place to say --? To me, I would like to see that there's a test run so that we can get a sense of whether or not how the program works. But you know, I know you can't guarantee anything -- Mr. Pastoriza: We can provide you some of the answers today. City ofMiami Page 174 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Commissioner Spence -Jones: -- but I just think in the end, the individuals that will be at fault are the people that actually vote up here. Mr. Pastoriza: I understand. Commissioner Spence -Jones: So are there any guarantees that, you know, we know that we're going to be able to reduce? Chair Suarez: Thank -- Anything else, Commissioner? Let me recognize first, Commissioner -- Vice Chairman Sarnoff so that he can ask his questions and -- Commissioner Spence -Jones: No problem. Chair Suarez: -- then we'll get answers to all of our questions. Commissioner Spence -Jones: Okay, no problem. Vice Chair Sarnoff. I don't know if it's questions or comments. Chair Suarez: Either way. Vice Chair Sarnoff. You know, I surmise with Miami being -- having the most lawyers in the United States per square foot, I guess we're always subject to being sued for anything we do. You get up in the morning, I guess you get sued for that. Whenever we do legislation -- I've never seen a piece of legislation that we've ever done that doesn't have some burdens. And what you do is, as part of your discretion as a Commissioner, you determine whether the benefits simply outweigh the burdens and this is something worthwhile doing. I think everybody would concede that the end goal here, which is to improve a person's energy efficiency, is probably not only a national policy -- well, it should have been a national policy that should have been actually -- the rubber should have met the road many years ago 'cause maybe we wouldn't be in so many overseas conflicts because that's truly why we're there, and maybe this is where the implementation really occurs, at cities, municipalities, at this level because you can implement whatever you want from Washington but until it hits somebody's home and energy efficiency is better suited 30, 40 percent increases, that's a policy I think everybody up here could support. The question then you ask yourself is what are the burdens to this? What exactly is it here that we're concerned about? So some of the Commissioners here are concerned about the free ability to transfer and/or encumber your property. So essentially, what we're saying is if you take out -- let me put it -- some concrete to this. You turn around and you put some solar panels to your roof you do some window treatment so you put in, you know, double paned, thermal paned windows, you have a $40, 000 investment into your house that achieves a 30 percent reduction in your FP&L (Florida Power & Light) bill, maybe even better, and the question then becomes how do you pay for this $40, 000. So Ygrene creates a program under which they put that money towards your tax bill, giving it the dignity, as the real estate guys like to call it, of a special assessment. That dignity can at times and should prime a mortgage holder. Chair Suarez: It does. Vice Chair Sarnoff. So the mortgage holders sometimes become concerned about it. The issues with California, though, are different than the issues of Florida. There are 50 states in the United States. Each state has a unique set of circumstances as to how mortgages and foreclosures are carried out. California happens to be in the minority and happens to be a title state. Florida happens to be a lien state. The considerations of the 9th Circuit Court of Appeal are very different than the considerations of the 11 th Circuit here. As a matter of fact, we like to make fun of the 9th Circuit most of the time simply because it is so liberal and so outrageous in some of its outlooks that a California even supreme court ruling has very little affect in a Florida City ofMiami Page 175 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 courtroom, just being that we have a different set of morays than we do here than they do over there. So the California litigation, if you're going to answer those questions, please do so by understanding that that is a title holder state, not a lien holder state. That's -- I'm not even going to try to explain that 'cause only Commissioner Suarez could try to explain that. It's a big set of circumstances that are different So that inevitably gives us the question, as Washington pontificates and talks about we have to reduce our energy and create more efficiencies, what do we do? And we tried ethanol for a while and you now see that subsidy has gone away 'cause it was pretty much a bad idea. You turn around and you use your corn for putting it in your gas tank and a lot of people made a lot of money on that and inevitably, very quietly that subsidy has gone away. This is a decision this Commission has to make. There will be some -- there are issues that have to be worked out and that is Fannie and Freddie have to recognize that somebody could change the dignity of their mortgage or prior to refinancing you have to take care of it. But here's the analysis that I did. If I took $40, 000 and put it into my house and I went to Sears, let's say, and) used my Sears credit card to fix my house, I would probably be paying about 16.9 percent interest, and I'd have to pay that credit card off I assume, on a amortization schedule set by Sears, something) could ill -afford. So now I have a circumstance of having Ygrene, where I put the same $40, 000 in, and I think their rate presently is around 4.8 percent, which I've never seen a credit card in my wallet that has a 4.8 percent credit percentage rate, so it's a good deal right there. Andl get to pay it off over a number of years that are part of my tax bill. I think this is exactly the kind of programs that this Commission should debate, should be comfortable with and should consider because as much as they want to pontificate in Washington, this is where energy efficiency will happen as a result of programs and programming just like this. So, you know, I can understand our desire to understand whether we're going to have transferability, whether there are some impediments, but it only occurs at the very small four -unit residential circumstance and it only occurs with Fannie and Freddie. And candidly, if this Administration is truly behind energy efficiency, it controls Fannie and Freddie and it should, in all good earnest, start controlling them so that they would allow for programming just like this. Thank you, Mr. Chair. Chair Suarez: Thankyou, Mr. Vice Chair. Do you have any questions to submit for --? Vice Chair Sarnoff I don't. I just -- Chair Suarez: Okay. Vice Chair Sarnoff I only ask is that when they do their analysis of the California case that they explain to us the difference between a title state and a lien holder state, since Florida is a lien holder state. Chair Suarez: Thankyou, Mr. Vice Chair. I have -- first of all, I pretty much agree with all of your sentiments, Mr. Vice Chair. I think we should -- and) always like to start with the positive. So I think we should acknowledge that this is a very good idea. You know, to give and empower our residents and business owners with the ability to essentially finance at a very competitive rate -- I don't know if it's 4.8 percent. If that's the case, I would like to know -- confirm that. Mr. Pastoriza: We will give you an exact -- Chair Suarez: Right. Mr. Pastoriza: -- figure -- Chair Suarez: I thought it was 7 percent but -- Mr. Pastoriza: -- as of this date. City ofMiami Page 176 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Chair Suarez: But whatever it is, you know, that's important. Clearly, if it's an enormous savings to our residents in terms of a financing cost, that is -- that's very important and that's significant in terms of what the program delivers. You know, I've spoken to a couple of people about this. I can tell you that, you know, one of the alluring things are, you know, the savings that people are going to receive as a result of retrofitting their homes either with new windows, air conditioning, roofs. This morning I was at a church actually and the pastor there asked me does it apply to churches so that was one of the questions thatl was going to ask since churches aren't taxed in the traditional way. You know, that will be a question that would like answered. Andl have some other small -- I think they're small questions. One of them being, is the -- is it the intent of the agreement or the Commission to provide residents or business owners, whoever is participating in the program, with kind of an amortization schedule as to what their payments are going to be over the 25 years? If that can be put into the agreement -- I'm not so sure that it's there at this particular moment. I share some of the concerns, by the way, that have been expressed by the Commissioners so I'm not going to be redundant and restate their questions. Another question I have is the SRI, which is a savings to investment ratio, if there could be some more detailed explanation as to how that's calculated. For example, are program fees included in the equation, insurance costs, things of that nature? How do you calculate savings for windstorm improvements? Those things. I think Commissioner Gort summarized one of my other questions, which would be who would be responsible for the collection of these funds at the point that a citizen is defaulting, may default on -- or not pay their taxes I guess is the better way. And my last question is on the indemnification it says that the third party administration agreement agrees to indemnf, defend, hold harmless the district, its officers, agents and employees from any and -- from and against any and all demands arising out of et cetera, et cetera, et cetera. So I would like it to say the district and the corresponding cities, the participating cities, andl think that's language that is needed in the indemnification agreement, andl think that may resolve some of the concerns that some of the Commissioners have expressed in terms of costs or liability that the City may incur. Those are my questions. I have -- and my comments. I don't know if before answering them -- We have here the president of the LBA (Latin Builders Association), Bernie Navarro, who I think wants to speak on this item. Bernie Navarro: Chairman, Commissioners, Mayors, City Manager, Madam Attorney, I'm here on behalf of the Latin Builders Association -- I am the president of the Latin Builders Association -- to support this program. As you, we had a lot of questions and we feel that a lot of the questions have been answered to our satisfaction. Number one, our industry needs the jobs. That's first and foremost. I professionally am a lender. To get a second mortgage to retrofit your house, that doesn't exist, so this is a way to do it and a way to do it efficiently and at a great rate of return -- at a great interest rate. So I think right now it's a couple of points over the T-bill, somewhere in the 4's, so it's very important that those things are laid out. In terms of unscrupulous vendors, we talked about unscrupulous vendors and made sure that the homeowner's protected. And with the certification process, we feel that most of our concerns were laid to rest so that's -- that was important for us, making sure that somebody was not taken for -- on the dime for that. The other thing we were concerned about was protecting the homeowner, making sure there was some standardizations in contracts and they are -- will be working to make sure there is some standardization so there's not one vendor that has one contract and one vendor that has another so that's also important and we felt to protect the homeowner and protect somebody unscrupulous that got into this program to make sure that everybody is protected. So in the end, we support it. We feel that our concerns are taken care of making sure that everybody's protected, that we're not in the news or nobody's in the news that somebody got had because of this program. So interest rate -- great interest rate, homeowner wins and the local community gets jobs. So we support -- the Latin Builders Association supports it andl hope you do as well and please try to make a decision today and support it today. Thank you. Chair Suarez: Thank you, Mr. Navarro, and welcome to the Commission chambers. I think your first visit as the newly elected president of the LBA so. I would be remiss -- before having the City ofMiami Page 177 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 questions answered and seeing what kind of action the Commission wants to take, I'd be remiss if I didn't mention that there's a big component of this which is jobs and the potential stimulus to the economy. And, you know, government has a dubious, in my opinion, function and role in that context, but this is one of those things that could open up flows of money. And Mr. Navarro being a lender and myself being someone who does real estate law, I understand how tight credit is right now and how tight money is. I agree that there are no second mortgages out there. If there are any, by the way, call me and I'll get a second mortgage myself for my home, but certainly not at these rates. At 4.8 percent -- I mean, there are first mortgages that you can't get at 4.8 percent so, you know, that's encouraging, and anything that we can do to open up the flow of money so that our residents can improve their homes, can be proud of their homes and so that the local economy can be stimulated as a result, contractors who are obviously the industry that's been most hit by this economic downturn, I think that would be something that we could be proud of. But certainly, there are good questions and now I'd like for the representatives of the company to answer them. Thankyou. Mr. Pastoriza: Mr. Chairman, ifI could, what we would like to do is, number one, if there are additional questions that you may have -- and we don't have a problem deferring it to your next meeting, okay, coming up with some good answers, some nice answers to your questions. We believe that this is very important and we don't want to rush through any of your questions and miss on some of your questions or anything like that. So we are amenable to go ahead and getting a deferral, schedule us for your next meeting. We have taken notes on some of your questions. We would encourage you that if you have any additional questions between now and your next meeting to contact either me or the Town of Cutler Bay with those questions. So we look forward to answering your questions. We -- look, this is a very, how do you call it, transparent process, and we want to make sure that you all feel comfortable with the action that you're going to take. Hopefully, the action that you take is a positive action. So with that said, you know, we would be amenable to whatever -- Chair Suarez: Thankyou, Mr. Pastoriza. Mr. Pastoriza: -- this Commission wants to do. Commissioner Gort: Mr. Chairman. Chair Suarez: Thankyou, Mr. Pastoriza. Commissioner Gort, you're recognized. Commissioner Gort: My question is going to be my understanding is the -- it would not -- the loan would not be a fixed rate. It would be a variable rate. So I want to make sure that people understands that, okay? Mr. Pastoriza: Okay. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Gort: Thank you. Chair Suarez: Commissioner Carollo, you're recognized. Commissioner Carollo: I'm sorry. I -- you know, just -- I would -- I just want to make sure I understood Commissioner Gort. It's a variable rate. It's not a fixed rate. Commissioner Gort: My understanding is liable plus or T plus -- City ofMiami Page 178 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Mr. Schaefer: We can answer this one now. It's a variable rate for the program, but the day the property owner signs the agreement, it's fixed -- Commissioner Gort: It's fixed rate, right. Mr. Schaefer: -- for -- and in fact, just to refer to another question that Mr. Sarnoff had There is the actual schedule or -- I'm sorry Commissioner (UNINTET,TIGIBT,F). There's a schedule that goes on the financing agreement because that's -- on the assessment agreement. Commissioner Gort: That's important for the homeowner. Thank you. Mr. Schaefer: Exactly. Chair Suarez: Thankyou. Mr. Schaefer: So -- yeah. But that's -- Chair Suarez: Thankyou. Mr. Schaefer: -- how that works. Chair Suarez: Coming back to the board, to the Commission, is there any motion or any further discussion? Commissioner Spence -Jones: Mr. Chairman, I just -- Chair Suarez: Yes. Commissioner Spence -Jones: -- he mentioned that he wanted to make sure so I just want to make sure I put all of my questions out. Chair Suarez: Yes. Commissioner Spence -Jones: I do want to say this so that we're clear. I think all of us up here sitting up here, we all understand how important it is to make these kind of moves. Like there's -- we know that there's creative things that we have to come up with to help us reduce costs on all levels. So I don't think there's a question about whether or not the program is something that's needed or that our residents can utilize. I think that there are just so many unanswered questions about the feasibility of it that concern us. So you know -- but this is one of the questions that I'd like to add to it, you know, and guess I didn't pinpoint and want to make sure that I do. Mr. Pastoriza, is the savings greater than the cost of the installation? That's extremely important. Like when does the homeowner -- Commissioner Carollo: Break even. Commissioner Spence -Jones: -- you know, actually break even? Mr. Pastoriza: The break even. Commissioner Spence -Jones: Okay, so I think when you come back, you need to -- because it's important. We need to know. I mean, you go through all of this and then you don't say. And my colleague to my right side, he mentioned some very good points. You know, we've had a lot of great ideas, you know, regarding this same type of issue, maybe similar type of program -- a different type of program, but we see how quickly those became bad ideas. Andl think what you're hearing from us up here is that we don't want to be a part of a bad idea and make a City ofMiami Page 179 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 decision that will affect the future ofMiami. So I think that that's an extremely important question that we need to know before it comes back in front of us. Andl guess for me more so than anything else, you know, we all -- for the most part, all of us sitting up here kind of know the individuals or some of the individuals that are doing, you know, this program and we know that your hearts are in the right places and you're going to do the right thing. But the question always becomes what happens when the program gets into the wrong hands? If the per -- if the individual that is actually running the program after you or you're no longer there -- things happen, right? My greatest fear would be what, you know, safeguards do we have in place to make sure that this does not become a program that runs amuck, and then everybody's out there trying to get people to buy into this particular program and then have an issue later on. So I think that Commissioner Gort's point around marketing and really making sure that there's some safeguards put in place are extremely important. And maybe that's perhaps the partnership with like NET (Neighborhood Enhancement Team), our offices here at the NET to make sure that homeowners actually get trained, they really understand what's happening before they jump into a program and not fully understand it. So I would really want to see, hopefully when it comes back in front of me, what kind of community outreach, what kind of programs are going to be put in, you know, place to make sure that we have safeguards, you know, to address this issue. So I agree that this needs to come back and it has a lot of unanswered questions and hopefully City staff will be able to answer some of those additional questions that I asked earlier. Mr. Pastoriza: Madam, I have your questions down. Chair Suarez: Thank you, Commissioner. Commissioner Gort: We want it to be very successful. Mr. Pastoriza: Absolutely. Chair Suarez: Madam Clerk informed me that there's a member of the public that would like to speak on this item. Are they here? Yes, go ahead. Right there. You have two minutes. Barry White: And got 40 minutes worth of words. My name is Barry White. I'm vice president of CASE, Citizens Alive for Safe Energy. We're a Florida nonprofit. We have no paid staff. We're all volunteer. We advocate renewable energies, distributed production of renewable energies. I commend Miami for considering renewable energies. However, I must tell you, as Commissioner Spence -Jones seems to suspect, this is not the tool for you. It's the wrong tool. It's onerous. The contract is overbearing, too far-reaching, too cumbersome. You're giving too much power to these people. It should -- number one, it should be out for competitive bid. There are -- this late wrinkle of 4.8 percent, I was -- came in a little late. I didn't hear the full terms of that, but I must tell you, Boulder, Colorado, is using municipal bonds. They're putting out bonds. They're down at 4.2 percent. And as this market begins to understand as the bond -- muni bond market would begin to understand the nature of these loans and how -- if they're administered right, they're very good loans and they'll be attractive. So I think you can do better on the competitive market. Tying into one entity, like Barkley's, on their terms, doesn't work. There's another factor here also in this contract. You're limited to 10 percent of the value of the house. Improving the quality of your residence is a great idea. However, with a 10 percent limit, by definition you can't have enough money left if you improve your -- use that money within that 10 percent to improve your home, where is the money left to put on the solar? So I know some people advocated that this program should include home improvement. Chair Suarez: Sir, your two minutes are up. Commissioner Spence -Jones: Okay. Can we allow --? Mr. White: Okay, but if -- the only -- City ofMiami Page 180 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Chair Suarez: Sure. Commissioner Spence -Jones: -- Mr. Chairman, can we allow --? Chair Suarez: Sure. Commissioner Spence -Jones: I mean, we've heard everything else. I want to know all -- Chair Suarez: Sure. Commissioner Spence -Jones: -- as much information as possible. Chair Suarez: Go ahead. Mr. White: Okay. If that's the case, you're not going to have any money left to put on solar. So with all due respect, I would say that should probably be withdrawn from this particular model. I must tell you, there are better models. There are other models around the country, ways of doing this. And ifI can go to my notes --I have a packet for each ofyou, which is a position paper which I would leave, ifI may. Chair Suarez: Sure, of course. Give it to the Clerk and she'll distribute it to us. Mr. White: The -- originally, the 7 percent rate was fixed, which I think is much too high and you can do much better in the open market. And this program does not contemplate putting out the program for bid in the open market for muni bonds. You only have one shot at the -- I won't go on too long, but what I would hope is are you going to have a workshop on this by chance? Will there be a workshop on this subject because this is such a huge commitment? I'm telling you, this is a bear. This could be the kind of thing that could really be a problem. You're -- there -- one of the things they're asking for in this contract, if you read it, is they want 50 percent of your carbon tax credits also. I mean, there's so much buried in this. And the one you have -- I have the -- well, I looked at the whole thing, but it's -- they don't even define what their fees are going to be. It could be tremendous. There's no limit to it. You're giving them a tremendous amount of flexibility and your sovereignty thatl would look at very carefully with a fine toothed comb before I did it. What I'm hoping is that you'll have a workshop on this where we can -- personally, I'd be happy to participate and really go through some of the details of what the -- what problems we see with this program. Chair Suarez: Thankyou, sir. Mr. White: That's what I'm hoping will happen. Chair Suarez: Thankyou, sir. I appreciate that. Commissioner Spence -Jones: Mr. Chairman, I'd like to make a recommendation that we do do that because -- Chair Suarez: Okay. Commissioner Spence -Jones: -- this is a major undertaking. Chair Suarez: Sure. Commissioner Spence -Jones: You know, I support the fact that we definitely need to look at other alternatives, but I think that we need to hear all sides. City ofMiami Page 181 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Chair Suarez: So we -- your direction to the Administration is for there to be, between now and the next Commission meeting, if that's what the City Commission decides, then -- Commissioner Spence -Jones: Well, I mean -- Commissioner Suarez: What you're saying is to postpone it one more meeting? Commissioner Spence -Jones: I think we should postpone it one more meeting 'cause that gives us time -- Johnny Martinez (City Manager): I think the Commissioner (UNINTELLIGIBLE) -- Commissioner Spence -Jones: -- to organize. Mr. Martinez: -- there is no cutoff -- Chair Suarez: Right. Mr. Martinez: -- drop -dead date -- Chair Suarez: Right. Mr. Martinez: -- and whatever time it takes to have a meaningful workshop I think is advisable. Chair Suarez: Perfect. So then is there a motion on this item to defer it to a date certain? Mr. Pastoriza: Let me ask you this. So what would -- what is the approach that this Commission is going to take with regards to this item? Chair Suarez: That's what we're trying to figure out right now. Mr. Pastoriza: Now can one citizen -- andl appreciate the citizen's input, butt mean -- Chair Suarez: No. It's a Commissioner's request. Commissioner Spence -Jones is the one who -- Commissioner Spence -Jones: Yeah. Andl think -- Chair Suarez: -- adopt -- Commissioner Spence -Jones: -- as elected officials, every voice counts. So I don't care if it's one person that shows up compared to a hundred. We have a responsibility to hear both sides. So I'm just simply saying -- I think that -- in response to your question, I think that you know what our questions are up here. I would like to have those answers from you as soon as, you know, possible so you could definitely send that to the Manager or, you know, generate that information so that we get it, but think that we do need to have, you know, some sort of community forum or some sort of forum to address it and ask key questions. I mean -- Mr. Pastoriza: The only thing that ask for is to get a date when this Commission is going to come back and -- Chair Suarez: The Administration will provide that to you. Mr. Pastoriza: -- you know, take an action on this, whether you approve it, you deny it, whatever, but that you take -- City ofMiami Page 182 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Commissioner Spence -Jones: Yeah. Mr. Pastoriza: -- some sort of action. Commissioner Spence -Jones: I think that we should -- not this -- Gil, we -- as long as it doesn't have to happen in January, the next meeting, I think by the next time we have the meeting in February, the first meeting in February, we should have had a community meeting on this. I mean, I don't think we should -- Mr. Pastoriza: Okay. Commissioner Spence -Jones: -- go longer than February. Mr. Pastoriza: Okay. Commissioner Spence -Jones: I mean, we don't have to ponder this forever. We don't want to leave you hanging out there. Chair Suarez: Is there a motion on this item? Commissioner Gort: For defer? Commissioner Spence -Jones: Oh, for the deferral? Commissioner Gort: Yes. Commissioner Spence -Jones: 'Cause it was a discussion. It's not really a de -- this is a discussion. Chair Suarez: I mean, we can simply just -- I mean, we discussed it so I mean, I guess we can bring it up at the -- the direction of the board is for it to be brought up at the February meeting. And in the meantime -- Commissioner Spence -Jones: First meeting in February. Chair Suarez: Right. And in the meantime, that the Administration will have a workshop in that time period to discuss the fine points of the obligations. Mr. Pastoriza: What day would that be, sir, the February meeting? Commissioner Spence -Jones: First Thursday in February. Ms. Thompson: February 9. Mr. Pastoriza: Thank you. Commissioner Spence -Jones: Second, February 9. Chair Suarez: Thank you. Mr. Pastoriza: Thank you. M.3 ORDINANCE 11-01228 First Reading City ofMiami Page 183 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Honorable Mayor Tomas Regalado AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2 /ARTICLE XI/ DIVISION 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/CITY OF MIAMI ARTS AND ENTERTAINMENT COUNCIL," MORE PARTICULARLY BY AMENDING SECTION 2-1141, ENTITLED "PURPOSE, POWERS AND DUTIES", TO MAINTAIN A SEPARATE, NON-PROFIT 501(C)(3) CORPORATION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-01228 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Mayor Tomas Regalado: We have here an amendment to an ordinance of the Arts and Entertainment Council. The reason for this amendment is that the Arts and Entertainment Council want to go out and fundraise and they need a 501 (c)(3), a non -for -profit group. They are willing to -- they have pro bono attorneys who will do this; the same thing with the Mayor's International Council. Since two years ago, the council was zeroed out in the budget as well as the Mayor's International Council. The members are willing to go out and fundraise, but they do need this mechanism to accept donations from different entities or even the same board members that want to donate, but they do need the non -for -profit 501 (c)(3) and the City Attorney has already worked on this. Commissioner Spence -Jones: Mr. -- Chair Suarez: Yes, you're recognized, Commissioner Spence -Jones. Commissioner Spence -Jones: Mr. Chairman. Definitely, you know I'm a big supporter of the arts, Mr. Mayor, so that's never a question. I think that we need to do more, as a matter of fact. The only question I had during my briefings -- I don't know if it was you. It might have been with one of the -- might have been the City Attorney -- in reference to it was, you know, I'm just a little shaky about forming nonprofit organizations. And l just wanted to know why we didn't consider like the Miami Foundation or the Dade Foundation which does this kind of work for many cities. You know, they kind of handle the oversight of it so that we don't have to get involved in, you know, how money's being spent, what's going on with it. There's a body that actually oversees that. There could be a special committee that is formed that will work along with the Dade Foundation, but at least that doesn't get us into, you know, that kind of you know, management of you know, a nonprofit organization. I just didn't -- I wanted to kind of understand why we didn't take that route. Mayor Regalado: Well, because -- and you're right. Now the Arts and Entertainment Council has accepted some donations through an art foundation -- Commissioner Spence -Jones: Right. Mayor Regalado: -- which is a 501(c) (3). However, the Miami Foundation and other foundation, they take a fee to administer. What -- they don't expect to have major donors, just -- and what we did with the Mayor's International Council is that we created a separate 501(c) (3), which is a governing body, is different than the council and this will be the case. Commissioner Spence -Jones: Right. Mayor Regalado: It has worked very well. City ofMiami Page 184 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Commissioner Spence -Jones: Right. And again, I'm just bringing it up as a point because I do think that even -- whatever amount they raise, it's the idea of putting it a place and then seeing that money grow as well. Mayor Regalado: Right. Commissioner Spence -Jones: So that's the benefits of being at -- and I'm not pushing the Miami Foundation. If there's another group out there that does that, but -- Mayor Regalado: Right. Commissioner Spence -Jones: -- we know they've done this more than 20 years and most municipalities use them. Mayor Regalado: Right. Commissioner Spence -Jones: And at least until you get on your feet and we see that it's working, they still can accept grants and do -- and haven't had a conversation with Miami Foundation at all. I'm just simply making a suggestion to maybe start off like that and then transition into that. It would also open up additional doors for the Miami -- for the Arts Council as well -- Mayor Regalado: Right. Commissioner Spence -Jones: -- because they can also apply for grants or additional support through the foundation because they're a member of it. So it's just -- it was just a thought, butl mean if -- Mayor Regalado: No. Commissioner Spence -Jones: I don't know if any council members are here. Mayor Regalado: No. I don't know. And Commissioner -- Commissioner Spence -Jones: Sure. Mayor Regalado: -- what we can do is between first reading and second reading -- Commissioner Spence -Jones: Sure. Mayor Regalado: -- explore that possibility. Commissioner Spence -Jones: No problem. Mayor Regalado: I do know it's -- they have explored and they have received like 3,000 or $4, 000 only and through another art foundation they did -- you know, the board itself has to approve all the expenditures because there is -- you know, there is no City staff so the board has to approve everything and what they spend that money in Paint Me Miami, a contest that they won, and they want to do the same next year so I guess -- no, no, this year. So I guess that this is -- they want to follow the model of the Mayor's International Council, which has been successful in receiving very modest but very important -- Commissioner Spence -Jones: Not a problem. Andl don't have a problem with addressing it later on -- City ofMiami Page 185 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Mayor Regalado: Right. Commissioner Spence -Jones: -- if you -- your feeling is that, you know -- Mayor Regalado: Right. Commissioner Spence -Jones: -- we should kind of address it now and then -- Mayor Regalado: Okay. Commissioner Spence -Jones: Not a problem. I support that 100 percent. Mayor Regalado: Okay. So this is in first reading. If it's possible that we approve it and then -- Chair Suarez: Is there a motion from -- Mayor Regalado: -- I will come back with -- Chair Suarez: -- any of the Commissioners? Commissioner Spence -Jones: I don't -- I think you have a question, right? Chair Suarez: Oh, I'm sorry. Is there another question? I'm sorry. Commissioner Carollo, you're recognized for the record. Commissioner Carollo: Yeah. The -- and thank you, Mr. Chairman. The only thingl have, Mr. Mayor, is in lines with what Commissioner Spence -Jones was saying, and l just want to make sure who will be the board or who's going to be running this and more of a, you know, accountability so I don't want issues in the future that, you know, there is either funding missing or whatever but, you know, mismanagement of funds or -- I just want to see as far who's going to be the board, who's going -- Mayor Regalado: Right. Commissioner Carollo: -- you know. And again, I know -- I'll be supportive of this, especially in first reading, but I would like to know by second reading, you know, who's going to be on the board, who's going to be accountable for the funds -- Mayor Regalado: Right. And -- Commissioner Carollo: -- and managing the funds. Mayor Regalado: -- Commissioner, it's exactly modeled as the Mayor's International Council, which you are vice chair. And you know what we did in the council, we separated the 501(c) (3) from the board members -- Commissioner Carollo: Exactly. Mayor Regalado: -- and brought accountants and attorneys to be part of the board of the 501(c) (3). Commissioner Carollo: Exactly. And that's why I want to make sure that this is going -- Mayor Regalado: And we will provide a list of the potential members for you to advise. City ofMiami Page 186 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Commissioner Spence -Jones: And -- Commissioner Carollo: Thankyou. Chair Suarez: Thankyou, Mr. Mayor. Commissioner Spence -Jones: -- Mr. Chairman, I just want to add this 'cause I think that what you're doing is a great thing. I think at this point, you know, we know the Arts Council has kind of been in limbo for, what, years -- Mayor Regalado: For years. Commissioner Spence -Jones: -- not really feeling like they have power to really do -- Mayor Regalado: Right. Commissioner Spence -Jones: -- much of anything. Mayor Regalado: Right. Commissioner Spence -Jones: So this at least gives them the latitude to do it. I just -- you know, what -- I guess part of my 2012 resolution is really centered around thinking beyond me, thinking beyond you, thinking beyond Carollo -- Mayor Regalado: Right. Commissioner Spence -Jones: -- thinking beyond this Commission. If we're not here and a whole group of new people are here that have to take on this, you know, responsibility, we don't -- to me, I just like the idea of having the additional oversight, you know, outside of what's happening in these four walls. Mayor Regalado: And what Commissioner Carollo mentioned is correct. We will provide outside people which has nothing to do with the board for this board -- Commissioner Spence -Jones: No problem. Mayor Regalado: -- and we will do that before the second reading. Commissioner Spence -Jones: So moved. Commissioner Carollo: Second. Chair Suarez: Moved by Commissioner Spence -Jones, second by Commissioner Carollo. Any further discussion? All in favor, signify by saying "aye." Priscilla A. Thompson (City Clerk): Sorry, sir. You have a first reading ordinance so -- Chair Suarez: Apologize. Ms. Thompson: -- you have to have your public hearing and then the reading. Chair Suarez: Thankyou, Madam Clerk. Ms. Thompson: You're welcome. City ofMiami Page 187 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Chair Suarez: This item is now open for public discussion. Is there anyone that would like to be heard on this item? Seeing none and hearing none, the public session is closed. Madam Attorney, it's an ordinance. Julie O. Bru (City Attorney): Yes, Mr. Chair. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call on your first reading ordinance. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. Chair Suarez: Thank you. END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 VICE-CHAIRMAN MARC DAVID SARNOFF D2.1 DISCUSSION ITEM 11-01024 DISCUSSION ON FOLLOW UP STATUS ON THE POLICE HIRING'S. 11-01024 Email - Status on Police Hiring's.pdf DISCUSSED Chair Suarez: Vice Chairman Sarnoff, you're recognized for the record. Vice Chair Sarnoff. Real briefly, Chief. Just trying to find out where we are with the police hirings. I am now been on this Commission for five years andl'm undergoing my first crime wave, andl understand that the County may be letting go of 154 police officers andl'm hoping that we can net some of them. Manuel Orosa (Police): Commissioners, Chief Manny Orosa. I have good news and bad news for you. The bad news is that we really can't prepare to hire any of those County officers. The good news is we have a list of 300-plus applicants from our last certification, so from there, I think we'll be able to hire as many as we need. And that list basically -- we'll be receiving it any day now from ER (Employee Relations) and we'll proceed. I've added two more officers to background investigations so we can process everybody a lot faster. So hopefully with that 300-plus list we'll be able to fill all our vacancies. Vice Chair Sarnoff. So ifI gave you a break from the next Commission, this next January Commission meeting, and you were to come back in February, you might have some news for us or is it not -- does it not move that quickly? City ofMiami Page 188 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Chief Orosa: We will probably be able to tell you that we have the list, we're working on it, and we have basically finished the process of "X" amount of officers that we're ready to hire. Vice Chair Sarnoff. Okay. Chair Suarez: Commissioner Gort -- Chief Orosa: But -- Chair Suarez: -- you're recognized. Chief Orosa: -- that's contingent upon when we receive the list as well. Vice Chair Sarnoff. Okay. Chair Suarez: Commissioner Gort. Commissioner Gort: Let me ask a question. The problem that I have is we have all the individuals, they're paying $10, 000 to go through the college, they sacrifice themself they get on the list and they don't get hired. And I'd rather have people coming in that they can train them, they don't have any bad habits, and they can comply with the chief requirement. We have that with the fire department. We have that with the police department. I don't see why these people been waiting for so long. Why does it take so long to hire them if they're being qualified, they pass the exam or --? Chief Orosa: You're talking about certified? Vice Chair Sarnoff. I think he's talking about -- Chair Suarez: Uncertified [sic]. Chief Orosa: Noncertified. Commissioner Gort: Noncertified. Chief Orosa: Well, we're doing both. Right now we have a commitment to hire 31. We're going to hire 21 from the certified We're going to hire 10 from the noncertified list. What happened was that back when things were good, money wise, we started to hire, hire, hire, and then the bottom hit and we have two lists that we never touched, 208 [sic] list and a 209 [sic] list. We're going right now through the 208 [sic] list. We're almost done with the 208 [sic] list. Then we'll open the 209 [sic] list. Commissioner Gort: Okay. My question is the 208 [sic] list, those people that we qualified in 208 [sic]. Chief Orosa: Those were people that applied, not qualified. Commissioner Gort: That applied. Chief Orosa: Applied in 2008 and -- Commissioner Gort: Of those people that apply, how many have taken the test, have qualified and --? Sergeant Armando Aguilar: Sergeant Armando Aguilar, Miami Police Department. City ofMiami Page 189 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Unfortunately, the applicants that applied in 2008, we just finished processing the first batch that accepted the invitation to come in. None of them made it through the pre -employment process. They were disqualified for reasons, including failing the physical agility, background concerns, poor work history, prior drug use, a number of reasons. So we're now asking for more names off of that list to process those. With regards to the certified officers, Commissioner Sarnoff, I spoke to one Miami -Dade officer. I don't know how many of them did this or I don't know how true this is, but he told me that he was one of our applicants with that batch that we're going to be processing now. And from what I understand, several of them applied before the layoffs were coming -- Chair Suarez: Thinking -- Sergeant Aguilar: -- just in case -- Chair Suarez: -- in anticipation. Sergeant Aguilar: -- something else happened. So we may have some of those on the list. Vice Chair Sarnoff. So -- you mind ifI --? Chair Suarez: No, please. Commissioner Gort: Do it. Vice Chair Sarnoff. So let's say -- are we still down 50 police officers? Sergeant Aguilar: We're down at a little bit more because of the -- Vice Chair Sarnoff. I'm going to just say 50. So -- and you've hired now how many in the past two months? Chief Orosa: Sixteen. Vice Chair Sarnoff. Sixteen. All right, so of the 50, is it fair to say that you could make up a significant amount by hiring certified police -- you said you're going to do 21 certifieds [sic] and 10 noncertifieds [sic], still leaving us with -- maybe because of budgetary reasons -- but leaving us with a gap of your 19, 20, or whatever that number is to make it to the 50. So I imagine of the 21, you're going to be looking extensively at Miami -Dade County? Chief Orosa: I am almost certain that we will be able to hire those 21 from the 300-plus applicants that is applied that we're waiting to get the list. Vice Chair Sarnoff. All right. So the 300 applicants that have applied were certified police officers? Chief Orosa: Correct. Vice Chair Sarnoff. Okay. Chief Orosa: And we will be able to fill -- I'm quite confident we'll be able to find 21 good applicants from the 300 plus. Chair Suarez: Thank you, Chief. Commissioner. Chief Orosa: And then we will continue with the 208 [sic], 209 [sic] list to get the other 10. City ofMiami Page 190 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Vice Chair Sarnoff. The noncertifieds [sic]? Chief Orosa: Correct. Commissioner Gort: Is there any way that those applicants can be prescreened so you don't have to go through the process and maybe talk to people that qualify? I mean -- Chief Orosa: Out of -- Commissioner Gort: Out of -- whatever -- whoever applied. Chief Orosa: Certified, noncertified. Commissioner Gort: Those that apply, noncertified. Chief Orosa: Noncertified. Actually, we did that. We got our first batch of individuals and basically what I told my background investigator is, hey, listen make a phone call; see if they're interested, see if they're -- already been hired by another agency so we don't waste time. And out of the ones that said we're interested, we offered them letters of invitation to come in and start the process, and we had how many no-shows? Unidentified Speaker: Fifty minus twelve, thirty-eight. Chief Orosa: Only 12 showed up out of 50. Commissioner Gort: I understand all of that. But you think someone that applied in 2008, four years later -- Chief Orosa: And that's -- Commissioner Gort: Yeah, that's -- Chief Orosa: -- the problem. Based on our rules -- based on our hiring rules, we cannot do anything unless we exhaust that 208 [sic] list and that 209 [sic] list. Commissioner Gort: That's what I'd like to go to. I think-- personally, I think it's ridiculous. I mean, you applied in 2008 and you're going to wait 4 years and you call them in 4 years, you think they're going to be there. The real good ones are not going to be there, that's for sure. They've been hired. They've been going to some other place. Vice Chair Sarnoff. Is the reason you're going through 208 [sic] and 209 [sic] as a result of the consent decree? Chair Suarez: You have to, yeah. Chief Orosa: Those are ER (Employee Relations) rules, I believe. Vice Chair Sarnoff. Is -- but -- are the -- Chief Orosa: Civil service rules. Vice Chair Sarnoff. -- so I -- Commissioner Gort's point is a stale list will give you the worst applicants. City ofMiami Page 191 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Commissioner Gort: Yeah. Vice Chair Sarnoff. And this is a civil service requirement or is this pursuant to the consent decree? Beverly Pruitt: Beverly Pruitt, Human Resources director. There is a requirement that we exhaust the list. Due to the hiringfreeze, that list is still active unless that list -- because the hiringfreeze holds that time in abeyance where those individuals are still eligible. Vice Chair Sarnoff. Answer my question, Beverly. Ms. Pruitt: Oh, I'm sorry. Vice Chair Sarnoff. Andl don't mean to be -- I -- it's getting late andl got to get off the dais, so Ms. Pruitt: Okay. Vice Chair Sarnoff. -- I'm being direct. Ms. Pruitt: Okay. Vice Chair Sarnoff. I apologize. Ms. Pruitt: Um-hm. Vice Chair Sarnoff. Is the question -- the question asked now is is it -- is the requirement of going through the list 2007/2008 [sic] pursuant to a federal decree? Ms. Pruitt: Is it pursuant to the Civil service rules. Vice Chair Sarnoff. All right. So you answer is no, it's not pursuant to the federal decree -- Ms. Pruitt: Yes, sir. Vice Chair Sarnoff. -- Commissioner. It is pursuant to the Civil service rules which are found in our -- Chair Suarez: Charter. Vice Chair Sarnoff. -- charter or in our code or in --? Ms. Pruitt: Code. Vice Chair Sarnoff. Code. So this Commission could change that by ordinance? Commissioner Gort: Sure. Chair Suarez: Yes. If it's in our code, that means yes. Julie O. Bru (City Attorney): We have -- Chair Suarez: -- as long as it -- Ms. Bru: -- to first have -- City ofMiami Page 192 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Chair Suarez: -- doesn't violate the charter portions. Ms. Bru: -- Civil Service Board approve the change. Vice Chair Sarnoff. We -- Ms. Bru: The rules are adopted by charter. It is the Civil Service Board who first adopts the rules and then this Commission -- I mean, you can recommend it to the board, get their approval Vice Chair Sarnoff. Well -- Ms. Bru: -- and then amend the ordinance. Vice Chair Sarnoff. -- then I'm going to support Commissioner Gort in his effort who's I -- hopefully going to bring a motion at the next Commission with some articulable reasons why going off stale lists will give you poor applications. Commissioner Gort: Of course. We will. Vice Chair Sarnoff. And let's see -- and let's do a resolution and let's see what our Civil Service Board does, 'cause if they don't approve our recommendation, then maybe we're not appointing the right people to that board. I assume that we appoint the Civil Service Board? Ms. Bru: Some are elected -- Commissioner Gort: Some. Ms. Bru: -- by the bargaining units and some are appointed. If you want to, you can just direct the Administration to prepare such an amendment, present it to the Civil Service Board at the next meeting, and then have them take action on it, and then it can be ready for you to adopt as an amendment to the ordinance. Vice Chair Sarnoff. Well, there's three Commissioners up here right now. It's late in the day. I'm going to support Commissioner Gort if he brings this just like you described to the next Commission meeting. Commissioner Gort: Yes. Okay. Chair Suarez: Thank you. Commissioner Gort: Thank you. [Later..] Chair Suarez: The second -- I had kind of a pocket discussion item which will take literally 30 seconds as well and then I want to have some closing remarks. Do you want to say something about something 'cause -- Anthony Hatten: Yeah. Chair Suarez: -- you've been up here -- Commissioner Gort: (UNINTELLIGIBLE) quick too. City ofMiami Page 193 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 D4.1 11-01186 Mr. Hatten: I just -- Chair Suarez: Okay, go ahead. Mr. Hatten: -- I'd like to say with the Police Chief we need 911 operators and crime scene investigators. Chair Suarez: We got you, Mr. Hatten. Mr. Hatten: Andl got to be on board with this. And ER has just -- have six applicants ready to, you know, go. The problem is we need more recruits than six. Chair Suarez: I gotcha. Mr. Hatten: And between the year --18 months probation, some of them don't make it and we're behind the eight ball now. Chair Suarez: Good point. Okay. Commissioner Gort: And that's very important. END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 CHAIRMAN FRANCIS SUAREZ DISCUSSION ITEM DISCUSSION REGARDING ELECTRONIC BENEFIT TRANSFER (EBT) FRAUD IN THE CITY OF MIAMI. 11-01186 Email - Electronic Benefit Transfer Fraud.pdf DISCUSSED Direction by Chair Suarez to the Administration to obtain from the designated federal agency that regulates Electronic Debt Transfer (EBT) cards, the locations within the City ofMiami that have been found guilty ofEBT fraud; further directing the Administration to place item D4.1 on the agenda for the February 9, 2012, Commission meeting. Chair Suarez: Let me wrap this thing up. I don't know why this came -- I thought we had already discussed this, electronic benefits transfers, but I definitely discussed it with Mr. Min. The only thing that I would like the Administration to do is to see if they can find out from whatever federal agency regulates EBTs, Electronic Benefit Transfers, the locations of stores in the City ofMiami that have been guilty of electronic benefit transfer fraud That's whatl would like, a list of those locations. And the reason why is because if they've been guilty of EBT fraud City ofMiami Page 194 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 under our code, according to Mr. Min, we can revoke their CU (Certificate of Use) because they have to comply with the law. So I would like to know -- you know, I'd like a list of those. Is that a correct representation of what our code says? Barnaby Min: Yes, sir. Barnaby Min, Zoning administrator. Chair Suarez: Thankyou. So that's that. [Later..] Chair Suarez: I'd like the electronic benefit transfer fraud discussion item to come back for the first meeting in February just to make sure that the Administration is following up on that issue so it will be discussed. I just want to conclude by thanking my colleagues, the ones who are still here and the ones who left. You know, I've learned a tremendous amount from all of you individually. There's not one person on this body that haven't learned a lot from. And want to thank the Administration for helping make this a very smooth and easy transition for me. I want to thank the Clerk's Office in particular for their countless hours of grilling me on -- teaching me on how to run the meeting. And really, really firmly believe and hope that we embrace this campaign of Believe, this new attitude, and you saw it here today. I mean, it was evident that there was -- as collegial as we've been, it was evident that there was a little bit of a difference today, I think, at least for me, so I hope that that continues. And I want to thank you all again. Vice Chair Sarnoff Great first job. I remember my first day as Chair and it never was as smooth as that. Great first day. Chair Suarez: Thankyou. Commissioner Gort: I agree with you. I think you did a terrific job. Congratulations. Chair Suarez: Yes. My two ex -chairs -- Commissioner Gort: You make a good chairperson. Chair Suarez: -- that are here and hung in with me until the end of the meeting. Meeting adjourned. END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 DISCUSSION ITEM 11-01234 DISCUSSION ON DISCREPANCIES BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY REAL PROPERTY RECORDS AS IT RELATES TO INFORMATION CONCERNING RESIDENTIAL TAX CARDS RECORDS AND, OR RESIDENTIAL PERMIT RECORDS. 11-01234 Email - Residential Tax Cards Records.pdf City ofMiami Page 195 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 DISCUSSED Chair Suarez: Anything else? Commissioner Spence -Jones: The last question I had. Barnaby -- is Barnaby here? Barnaby and Francisco. This is an issue that has been -- I'm sure it's not only happening in my district. The issue of the tax cards -- records on residential permits or residential permits. I wanted -- I know that we have gotten to the point -- Barnaby, thank you so much, guys. You have really beat this drum trying to, you know, resolve the issue, andl know that we're still working on it, correct? Can you give us some updates and at least make sure the Commissioners understand what the issue. I do have a property owner that's been here since, what, 9 a.m. this morning, and I appreciate your patience. But we did say that we would at least bring this issue up. Can you at least make sure that the Commissioners understand kind of what we're trying to achieve with this issue because it's become a big problem. I know in my district andl know the same thing's probably occurring in their districts as well. Barnaby Min (Zoning Administrator): Correct. Commissioner Gort: My district too. Mr. Min: From my understanding of what the issue is, there are situations where the existing property that is -- existing structure that's on the property does not necessarily comply with the records that the City has. In order to confirm whether the property's in compliance, we look -- have to look -- do a full permit search, which we look at the tax card, which is the original structure that was built, and any subsequent permits that were issued after that to ensure that any construction that was done afterwards was legal. Unfortunately, there's not always accurate records with the City, whether that's due to the fault of the City or due to the fault of the previous property owners. There are obviously some property owners now that are suffering from that kind of lack of paperwork. So Zoning, Planning, Building and many of the other departments have been working together to try and accomplish a goal in order to make it easier for Mr. Sanchez and other types of property owners to legalize, if you will, their property, even though they're not necessarily illegal. And the one such proposal is something that the Mayor has already proposed to the Commission. It's already passed on first reading. It is the Code Relief program. We're hoping that that will resolve the majority -- maybe not all, but the majority of the issues where a property that has -- does not have the permits, they will -- once they submit to the Building Department that the property -- showing that the property was -- meets all of the standards at the time that it was built, then the Building official will be able to give them an after -the -fact permit. So because they will have a permit and a tax card showing that the property has been legally built, meeting all codes at the time, that should resolve the majority of the issues. Admittedly, that may not resolve all the issues so we continue to -- promise to work together to try and resolve as many issues as we can. Commissioner Spence -Jones: Okay. We all realize that there are a lot of complaints that are coming from property owners, andl really appreciate you guys coming together to try to figure it out to give Mr. Sanchez and other property owners in our districts some sort of relief to kind of address this issue. Do you guys have any comments on this issue? Commissioner Gort: I do. Commissioner Spence -Jones: Okay. Commissioner Gort: My office the one that really push for this and we've been talking about it -- Commissioner Spence -Jones: Really? Commissioner Gort: -- because we have a lot of problems within our neighborhoods, especially City ofMiami Page 196 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 in your neighborhood, my neighborhood where you got a lot of the old buildings where a lot of the houses were built before it was even a code -- Commissioner Spence -Jones: Right. Commissioner Gort: -- building code at that time, so that's why we pushed for it. At the same time, I'd like to thank you for the work you're doing. Mariano Fernandez: One more piece, Commissioner. Mariano Fernandez, Building director. We have secured some funds through the police department to help us in achieving 100 percent of digitizing of all the old tax records, which it was a big delay, and some of the owners were receiving complaints and some of the Commissioners receiving complaints that the owners -- they were saying we're requesting -- could they provide a copy of the tax card, but the tax card takes two or three or four weeks to be produced by the City Building Department, records section. So with this funding we're going to digitize a 100 percent all the old records and we can respond now and maybe in a 24 -- 48 hours in the near future or in the next 6 months. Okay. Commissioner Gort: Okay. Commissioner Spence -Jones: Okay. Chair Suarez: Thank you. D5.2 DISCUSSION ITEM 11-01235 COMMISSIONER SPENCE-JONES' RESIGNATION FROM THE MIAMI-DADE COUNTY METROPOLITAN PLANNING ORGANIZATION GOVERNING BOARD " MPO" AND A MOTION SEEKING A NOMINEE FOR THE MPO BOARD. 11-01235 Email - Motion Seeking for Nominee - MPO Board.pdf DISCUSSED (D5.2) RESOLUTION 11-01235a A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CHAIRMAN FRANCIS SUAREZ AS A MEMBER OF THE METROPOLITAN PLANNING ORGANIZATION (MPO), TO FILL AN UNEXPIRED TERM AS DESIGNATED HEREIN. Motion by Commissioner Spence -Jones, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0030 Commissioner Spence -Jones: All right, so let me move on. I'm sorry. Can I just --? Mr. Chairman, can I --? City ofMiami Page 197 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Chair Suarez: Yes, yes. Please, please. Commissioner Spence -Jones: D5.1 and D5.2. D5.2, I can handle that really quickly. I'd like to nominate -- do I nominate somebody for this seat for the MPO (Metropolitan Planning Organization)? Chair Suarez: You can. You have to resign first and then you can -- Commissioner Spence -Jones: Okay. Chair Suarez: Yeah. Commissioner Spence -Jones: So I would like to officially resign from the MPO. Vice Chair Sarnoff. Second. Chair Suarez: Is that -- that's -- she's just resigning, okay. Commissioner Spence -Jones: Okay. Vice Chair Sarnoff. So can -- you don't need a motion? Commissioner Spence -Jones: So do I have to nominate? Chair Suarez: Yes. I guess now you can make a motion for someone that you would like to put on the MPO. Commissioner Spence -Jones: Okay. I would like to nominate -- you still want -- Chair Suarez: I would like to do it -- Commissioner Spence -Jones: Okay. All right. Chair Suarez: -- if it's okay with the board. Commissioner Spence -Jones: I'd like to nominate Francis. Commissioner Gort: He's the Chairman, we're not going to be able to go unless they change the meetings. Chair Suarez: Yeah. I mean, here's the thing on the MPO, andl want to -- you know, I want to - - let's flush this out 'cause it's fair to do it. And by the way, I'm willing to relinquish being a member of the, let's say, Greater Miami Chamber of Commerce Board that you may be interested in. Commissioner Spence -Jones: No. I mean, not the chamber comes -- Chamber of Commerce or the Convention and Visitors Bureau? Which one are you on? Chair Suarez: Convention and Visitors Bureau. My bad. Yeah. Commissioner Spence -Jones: Okay. Chair Suarez: So I would be willing to relinquish that board for sure. Here's the thing. Last year there was only three overlapping MPO meetings. City ofMiami Page 198 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 NA.1 12-00049 NA.2 12-00051 Commissioner Gort: Yeah. Chair Suarez: And in the three that were overlapping, if there was any City -related item, even as a Commissioner, they would do a special set. And so I think, you know -- I mean -- and ifI can't do it, I will definitely not -- the City will not sacrifice -- you know, suffer as a result of me being the Chairman, so -- Vice Chair Sarnoff. Second the motion. Chair Suarez: It's been moved and seconded. Commissioner Spence -Jones: It's been moved and second. Chair Suarez: All in favor, signifi, by saying "aye." The Commission (Collectively): Aye. Commissioner Spence -Jones: On one -- Chair Suarez: Thank you. Commissioner Spence -Jones: -- condition. Chair Suarez: Whatever you want. Commissioner Spence -Jones: The Vice Chairman treats us nice while you're gone. END OF DISTRICT 5 NON AGENDA ITEMS DISCUSSION ITEM CHAIR SUAREZ ACKNOWLEDGED THE INTERNS FROM THE CITY ATTORNEY'S OFFICE, THANKED THEM FOR THEIR SERVICE TO THE CITY OF MIAMI AND WELCOMED THEM TO THE CITY COMMISSION CHAMBERS. DISCUSSED Chair Suarez: And before recognizing Mr. Pastoriza, I just would like to take a moment to thank the interns from the City Attorney's office who are in the back row of our chamber. And thank them for their service to the City and welcome them to this chamber and to a new semester. DISCUSSION ITEM CHAIR SUAREZ ACKNOWLEDGED THE PRESENCE, IN THE MIAMI CITY HALL CITY COMMISSION CHAMBERS, OF XAVIER L. SUAREZ, HIS FATHER, CURRENT MIAMI-DADE COUNTY COMMISSIONER AND FORMER CITY OF MIAMI MAYOR. DISCUSSED Chair Suarez: I'd like to have a point of privilege, one of the few things that I have the right to do as Chairman, and recognize a member of the audience who just arrived, who is a City ofMiami Page 199 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Miami -Dade County Commissioner, former City of Miami mayor and my father, Xavier Suarez, who's here to say hello and -- Applause. Commissioner Gort: Welcome. Chair Suarez: Thank you. Although he's here in his capacity as dad, not in the other ones. NA.3 DISCUSSION ITEM 12-00056 DISCUSSION BY CHAIR SUAREZ REGARDING THE SELECTION PROCESS FOR THE CITY OF MIAMI'S AUDITOR GENERAL POSITION. DISCUSSED Chair Suarez: Before we go to FR.1, I just would like to briefly discuss -- we have -- I have a time certain of 2 p.m. to discuss the auditor/inspector general. Commissioner Carollo: Yeah. Chair Suarez: Andl -- there was a recent change I think yesterday or the day before, one of the top five finalists removed his name from consideration, and so I just wanted to very briefly discuss with the Commission whether they wanted to take up the issue today or whether they wanted to take it up in the next Commission meeting simply because we told them to come at 2 p.m. and if they're going to be here, I want to make sure that we're going to go, you know, forward with some sort of action. I had actually created a procedure for voting and things of that nature, which I hope has been, you know, discussed with you all. If it hasn't -- Commissioner Spence -Jones: No. Commissioner Carollo: No. Chair Suarez: -- then we should discuss that as well. And it was, you know, in conjunction obviously with the Clerk's office, but -- and with the prior direction from the Commission of the former chairman and Commissioner Carollo and the statements that were made every time that we discussed this. But my concern is there was three alternates andl don't know if there was a pecking order on those three alternates so that one would automatically be elevated to number five or -- Ms. Pruitt, you're recognized for the record. Beverly Pruitt: Beverly Pruitt, director of Human Resources. There were three alternate. There was no ranking of the three alternates. And ifI may say that recently we received another response from one of the candidates and he is withdrawing his application from consideration. Commissioner Spence -Jones: What is his name? Commissioner Carollo: Who --? Mr. Pruitt: Mr. Goodman. Jon Goodman. This morning he sent his response to the request -- the invitation to the meeting and he has withdrawn his application also. I can forward you again the three alternate resumes if you like. Chair Suarez: Well, I think at this point --I mean -- andl can't speak for my colleagues, but think at this point we need to at least defer it for one meeting -- Commissioner Spence -Jones: Yes. City ofMiami Page 200 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Chair Suarez: -- just because there's two people that have dropped out. This has become more complicated and not as straightforward as we originally thought. And what I would like the Clerk -- Commissioner Gort: Who are the two persons? Commissioner Spence -Jones: Huh? Commissioner Carollo: It was Mr. Allen Vann and Mr. Jon Goodman. Commissioner Spence -Jones: And l feel horrible 'cause I -- Chair Suarez: Two good candidates, by the way, very good candidates. Commissioner Spence -Jones: -- Mr. Chairman, I feel horrible 'cause I was the last person to interview Mr. Jon Goodman and l felt pretty good -- Chair Suarez: I interviewed him as well. Commissioner Spence -Jones: I thinkl -- Chair Suarez: I did too. Commissioner Spence -Jones: -- interviewed him after you. I think was the last person. I hope I didn't scare him. Chair Suarez: I hope I didn't either. He did -- he had a great interview with me and he was definitely going to be one of my top choices, so it's unfortunate that he came to that conclusion. But I think, you know, if there's any silver lining is that, number one, the Clerk can now meet with everyone to go over the voting procedure that her office in conjunction with my office came up with, which incorporated Commissioner Carollo's concerns and Commissioner Gort's methodology and hopefully come to some sort of consensus on that. And then have -- maybe instead of having five -- since two of the three alternates have already, you know -- since we have to pick two out of three, maybe we should just include all three and have six candidates so that everyone can look at the six candidates versus a five. Ms. Pruitt: Okay. Chair Suarez: If that's what this board prefers. Just going to have to divide up the three al -- 'cause now we have to grade the three alternates to see who are the two best of the three alternate, you know, to bump them up to the top five. Commissioner Spence -Jones: Mr. Chairman, I just want to -- Chair Suarez: Yes. Commissioner Spence -Jones: -- have a clear understanding of are we supposed to interview all of the individuals on a one on one because Mr. Goodman was the only candidate that really -- Chair Suarez: That reached out. Commissioner Spence -Jones: -- reached out to me, which I thought that was great that he took initiative to want to do it, but I don't know if that was the communication that we gave to all of them. Beverly, did we tell them that they should reach out to us to at least meet with us, to City ofMiami Page 201 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 interview with us? Ms. Pruitt: No. Commissioner Spence -Jones: So he just -- Ms. Pruitt: There was no communication -- Commissioner Spence -Jones: -- took it on his own to do it? Ms. Pruitt: Yes. Commissioner Carollo: I could tell you there -- you know, and some of them did express -- there's some frustration even with the procedures, you know. At least two or three of them -- and I've tried to contact all five, and for the most part, I haven't met with them. But anyways, they have voiced frustration in the process. One of the things that was mentioned is that if the selection committee chose the top five, you know, now is when we're hearing about it and all this. So there's been some frustration voiced, not to mention, you know, concerns with some of the issues in the City. Commissioner Gort: Mr. Chairman. Chair Suarez: Yes. Commissioner Gort, you're recognized. Commissioner Gort: I think the -- whoever is staying aboard, they need to realize that it's not an easy job; it's a very tough job. They're going to be working for the Commission and we're going to be requesting quite a lot. I mean, this Commission, I think in the last two years, has done a lot of challenges, and we've taken a lot of challenges that we've taken care of and there's a lot more challenges like I stated before. So it's a shame that these two people pull out. I mean, they were part of the ones I was recommend so -- Commissioner Carollo: Yeah, exactly. I've interviewed them andl know them, and they, you know, really have a -- Commissioner Gort: I guess we scared them. Chair Suarez: I don't know. Commissioner Carollo: I don't know if it was scared or just didn't -- Chair Suarez: It's unfortunate. Commissioner Carollo: -- want to deal with it. Chair Suarez: It's very unfortunate. My -- the only question that I want to pose to the board and I'd like to inform the candidates that were going to come obviously not to come because we're not going to make a -- Commissioner Gort: Yeah. Chair Suarez: -- decision today, first of all. And secondly, I think we should, instead of trying to grade the three alternates and bump up two to a top five, we should just look at all six. That's just my recommendation just to keep things simpler. And then to Commissioner Spence -Jones's question, I kind of left it up -- I mean, the way I understood Chairman Gort's direction at the time was for us to bring three of our best candidates. However you get to that point, whether it's City ofMiami Page 202 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 through -- Commissioner Carollo: Right. Chair Suarez: -- interviewing them, whether it's through looking at their resumes, whether it's through just -- 'cause I spoke to my committee member who interviewed them and looked at the resumes. That was one of the things that did. Andl actually did meet with Mr. Goodman for precisely the same reason that Commissioner Spence -Jones did, which is that he reached out to me, andl thought that was a huge positive. You know, someone who would -- you know, because that's part of the issue. The issue is having dialogue and communication with the Commission body in terms of taking direction on where we want to go with that position. So I think that's the easiest way to go. Commissioner Carollo: Yeah. I mean, without giving it much thought, I agree. What I said in the last Commission meeting is we need an auditor general. Chair Suarez: Absolutely. Commissioner Carollo: We need to make a Commission -- I'm sorry, a decision as soon as possible. And you know, now, I mean, there's going to be three resumes that I haven't even looked at. Chair Suarez: Right. Commissioner Carollo: So now, you know, we got to in the next two weeks look at that, I guess. And what said in the last Commission meeting -- and believe it or not, it's been almost a month ago because I think the December 15 meeting was our last Commission meeting. We're at what, January 12, so it's been almost a month. And what said there was, listen, we need to move forward and we need to move, you know, expeditiously. I mean, we've been at this for five months or more andl -- you know, so seeing that we were so close to it 'cause --I mean, I was ready today to make a -- Commissioner Gort: I was. Chair Suarez: I was ready. Commissioner Carollo: -- determination and to vote. Commissioner Gort: I think we were ready. Commissioner Carollo: I think we were ready. And to have two candidates drop out, you know, it, to a certain degree, speaks volumes also. Chair Suarez: Yeah, it sure does. Andl couldn't agree with you more, Commissioner Carollo, in terms of the immediate need for that position to be filled You know, again, trying to look at things from a silver lining perspective, you know, I thought about it -- when I got the first e-mail (electronic), you know, I was very concerned, you know, obviously. And then I thought to myself, you know, I -- it kind of goes back to what Commissioner Gort said. You know, this is a tough job. This is a tough place to work. It's always been. And you have to want it, you know. And so, you know, if there's someone that's unsure, that's squeamish, that doesn't, you know -- andl understand what you're saying 'cause we should not create an environment that makes people not want to take this job, andl think that's on us. And this goes back to the Believe campaign, you know. That's on us to create a city that invites people, that people want to come work for, rather than one where people are scared to come work. City ofMiami Page 203 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Commissioner Carollo: And again, you know, these were top candidates. And I'll be honest with you, Mr. Goodman was a deputy auditor general here in the City ofMiami for over a year, and then he, you know, got a better offer from the School Board, so it was someone that knew -- Commissioner Spence -Jones: At least he knew the system. Commissioner Carollo: He knew the system. He knew the ins and outs of the City so, you know - Chair Suarez: He would have been the one. Commissioner Carollo: -- again, I guess we -- this Commission have dealt with a lot in the past and we will deal with this also and -- Commissioner Gort: And continue to do it. Commissioner Carollo: -- hopefully move forward expeditiously and get our new auditor general as soon as possible. Chair Suarez: Thank you, Commissioner. Ms. Pruitt, could you inform the members who were going to be here today that we're obviously not going to -- Ms. Pruitt: Yes. Chair Suarez: -- discuss this at 2 and that we will be discussing it at the next -- Ms. Pruitt: Okay. Chair Suarez: -- Commission meeting. And if you could make sure that we have all the relevant additional information so that we can do whatever due diligence we want to come up with our selection. I still think that we should do what Commissioner Gort suggested, which is come with our top three choices. Commissioner Carollo: That's -- right. Chair Suarez: Right. And then -- Commissioner Carollo: Right. Chair Suarez: -- the way I had it structured, which I'm sure the Clerk will sit with you all and discuss, is to have a voting system. She'll explain it to you so that it -- just to try to minimize the mess. Commissioner Carollo: Yes. Chair Suarez: Andl think one of the things we want to get away from was how we did the District 5 appointment, you know, a few -- you know, a year, year and a half ago, or whenever it was because that was done in a very, you know, kind of overly difficult manner. Priscilla A. Thompson (City Clerk): Chair, ifI might. Chair Suarez: Yes, you're recognized. Ms. Thompson: You know me, I always want clear direction. So what I'm hearing is that we will fine-tune your process and include six names. City ofMiami Page 204 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 NA.4 12-00059 Chair Suarez: That's correct. Ms. Thompson: So that would be the remaining three individuals plus the three alternates. Chair Suarez: That's correct. Ms. Thompson: Thank you. Chair Suarez: Thank you, Madam Clerk. Commissioner Spence -Jones: Andl just would like to just add, Mr. Chairman, I think it's really important that all of us -- all of the Commissioners make a real effort to meet with them. And if there's a reason why we feel like we maybe should not be meeting with them, then we need to state that for the record because I think that also affects -- like I know my last -- I mean, my interview with Mr. Goodman, that was one of his concerns and that kind of makes a person feel like, okay, you know, are they going to be bombarded, you know, during City Commission meeting. Andl just think that if they have the opportunity to at least meet with us on a one on one, they have -- they'll have the opportunity to at least, you know, have a one on one conversation with you. So I would encourage that all of us -- and if we don't agree with that, we need to say that now because I think it sends a, you know, message that's not united. Commissioner Carollo: Yeah. And -- I'm sorry. Mr. Chairman? Chair Suarez: No, no, please. Commissioner Carollo: And just to follow-up on what Commissioner Spence -Jones was saying, I agree. Andl think to a certain degree we were doing that andl remember -- and I'm going on memory now -- in the last Commission meeting when I expressed that concern, you know, I definitely can't tell any one of my colleagues, hey, how to do or do an interview or so forth. Commissioner Spence -Jones: Yeah. Commissioner Carollo: So we left it to each member to see -- contact or speak to whatever, you know, candidates they wanted, but I think we left here with the message of hey, we need to reach out because at this Commission meeting, which is today, we may already see if we have the three votes. Andl think that's the message that was out there andl think at the last minute, I think maybe Tuesday, it changed where now they had to be present. Some of them were out of town andl think that caused some confusion. But anyways, we will, you know, move forward Chair Suarez: Okay. Thank you. Thank you, Ms. Pruitt. DISCUSSION ITEM CHAIR SUAREZ AND COMMISSIONER MICHELLE SPENCE-JONES ANNOUNCED THE LAUNCH OF THE CITY OF MIAMI'S "BELIEVE" CAMPAIGN, WHICH IS FOCUSED ON INSPIRING, EMPOWERING, AND TRANSFORMING THE IMAGE OF THE CITY OF MIAMI AND ITS RESIDENTS. DISCUSSED Chair Suarez: So what I'd like to do is follow that ordinance, but before doing that and in deference to Commissioner Spence -Jones andl think something that she has put together that she has honored me with the ability to participate in, and to be honest with you, it would be City ofMiami Page 205 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 unjust for me to take any credit really for what she has put together. What she has put together with this Believe campaign is something exceptional. It is a campaign to turn around the perception that we have right now in the City and just generally in this country, I think, that, you know, because of the economic downturn, you know, things are not going to get better, you know, we need to continue to engage in activities which are not constructive and not helpful to our society. And really, the model came from -- in our sunshine meeting, she explained that the model came from Baltimore, where the mayor of Baltimore, who is now the governor of Maryland, decided to engage in this Believe campaign and the effect that it had on incidents of drug -related crimes was staggering. And you know, just like any other campaign, any other public outreach campaign, it's all about the effort that gets put into it and the organization. And I have to say one of the most impressive aspects of this -- 'cause it's a great idea and there's a lot of great ideas, but one of the most impressive aspects of this is how well the Commissioner organized and the Administration -- with the help of the Administration, organized the marketing campaign, which, from what can tell, will have little if any maybe negligible costs to the City. And what I'm asking all our colleagues -- and I'll recognize Commissioner Spence -Jones after I finish so that she can say what she'd like to say on this -- is to believe in the Believe campaign, to adopt the Believe campaign. I think a few years ago we did kind of a similar initiative with the bicycle, where we put the bumper stickers that said, you know, you have to have the two -- and that was promoted by Vice Chairman Sarnoff. Andl think this can have a similar or even broader, far-reaching effect. And you know, I'm 100 percent committed to making it successful. And if there's anything that I would like my chairmanship to symbolize, it's bringing hope and belief to the citizens of the City ofMiami. So, Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: Thank you, Mr. Chairman. Thank you so much. I do want to say that your leadership and your vision on this issue and this campaign is so well needed. And we, as your fellow colleagues, look forward to your year, or your two years tenure with serving not only the Commission, but the district. And the one thing that I do want to add is, you know, I think that part of -- you know, as we get ready for the New Year -- this is the beginning of the New Year. And over the past few years, the City has had or faced many challenges, but we've all endured them, every single last one of us that sit up here. But our residents look to us for leadership. They look to us for direction. And as we start off this New Year, we must unite, we must inspire, we must empower, and we must transform our communities that we all can be proud of but we all must believe first. Andl think that in our sunshine meeting, one of the things that came up was, you know, regardless of what community I represent, we all represent the residents of our city. There should never be a reason why I would not go to an event in Commissioner Sarnoffs district or an event in Commissioner Carollo's district, or Suarez or Gort. We should support each other. Andl think that when we send a message of unity, when we send a message that we believe in the City, that becomes contagious. And this is not my campaign; this is our campaign. Andl am so thankful and so blessed to be able to share with you guys so that we can turn things around in the City, get people believing in themselves and in the City again. I would like to also acknowledge our City Manager for his leadership as well, his team's leadership, you know, for stepping in immediately; Alice, for working along with the communications -based companies to get them to believe in how important it was to give -- to support this. And then our Mayor from day one, as soon as I brought the issue to him, he said, Michelle, you're absolutely right, we need to do this. This needs to happen. We're tired of all the negative images, all the negative messages that not only the residents see here in the heart of the City ofMiami, but across the country. We need to replace those negative messages with positive messages 'cause there are a lot of wonderful things that are happening in the City ofMiami. So with that being said, I want to thank the Communications Department for doing an excellent job. I believe, Mr. Chairman, we will step out here and go into the front to actually unveil the Believe campaign. And with that being said, I would like to turn it over to the Communications Department that has prepared this wonderful campaign, Believe, which means to inspire, empower and transform. Communications. Chair Suarez: And by the way, while they're getting it together, I just want to say that there is City ofMiami Page 206 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 going to be a Web site, which is called www.BelieveMiami. com, and that's going to hopefully, if we're able to organize ourselves correctly, it's going to allow people to go on the Web site and buy and purchase, you know, T-shirts, bumper stickers, things of that nature so that we can spread -- what we want is to see people walking down the street with a Believe T-shirt. And we think that that's how this message will kind of filter through to the citizens. And as they get that set, I want to just say, if we can believe in the Miami Heat, we can believe in the City, correct? Chair Suarez: That's right. Commissioner Gort: That's right. Chair Suarez: Right, absolutely. Commissioner Spence -Jones: All right. Just want to make sure. Commissioner Gort: Did we make polo shirts? Chair Suarez: What's that? Commissioner Gort: T-shirts and polo shirts? Chair Suarez: Yeah, yeah. We're going to make T-shirts and -- Commissioner Gort: Polo shirts. Chair Suarez: -- polo shirts, absolutely. Commissioner Gort: Next committee meeting we'll all wear our polo shirt. Chair Suarez: I would love that. I would love that. That would be great, if we can get it by then. Commissioner Gort: We can. Chair Suarez: Okay. Let's do it. Commissioner Spence -Jones: Mr. Manager, did you hear that? Chair Suarez: Let's do it. Commissioner Spence -Jones: He said, I heard it. Well, wonderful thing is that we have Commissioner Sarnoff, which has all these wonderful people in his district that love to -- Chair Suarez: To believe. Commissioner Spence -Jones: -- believe, yeah. Vice Chair Sarnoff. What do you need? Commissioner Spence -Jones: T-shirts. Vice Chair Sarnoff. T-shirts. Just give me your design, you got them done. Commissioner Spence -Jones: Okay. City ofMiami Page 207 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 NA.5 Chair Suarez: Awesome. Commissioner Gort: If you give me my design -- Chair Suarez: See, it's contagious. Commissioner Spence -Jones: I know, right. Chair Suarez: It's just kind of such a natural thing. Commissioner Gort: Okey-doke. Chair Suarez: Maybe -- Commissioner Spence -Jones, would you like to maybe thank some of the sponsors and some of the people who have --? Commissioner Spence -Jones: Yeah. I was going to actually do -- Where is Xavier Suarez, the Commissioner? Is he here? Chair Suarez: I think he was around here somewhere. I saw him -- Commissioner Spence -Jones: He was one of the first County Commissioners to actually come to the table and say, hey, look, count me in, andl really appreciate that. I guess we're going to not show it on the screen and we'll show it on the television screen -- monitors, and then we'll step out. I kind of wanted to wait until -- Chair Suarez: He just arrive -- he just entered into the chambers. At this time, an audiovisual presentation was made. Applause. Chair Suarez: I don't think there's anything more that you can say after that, but I'll let Commissioner Spence -Jones -- Commissioner Spence -Jones: We're actually going to move out to the official press conference that is right outside. The billboards are there. So if we can do the quick press conference. Any questions that we have out there, we can do it. But the most important thing, this is not a black thing, this is not a Latin thing, this is not a Haitian thing. This is a Miami thing. We all have to believe in this City, we all have to believe in each other, and we all have to be united to make that happen. So let's make it happen. Chair Suarez: Thank you. We'll be in recess until 2. Does 2 sound good for everyone? Commissioner Gort: 2: 30. Chair Suarez: 2: 30. We'll be in recess until 2: 30. And one last thing, Commissioners, while we're still here on the dais and we can talk to each other, I would -- Commissioner Spence -Jones has requested that I ask you all -- we would like that every single Commissioner do a spot, a television spot that will be broadcast as well. Thank you. Commissioner Spence -Jones: Yes, please. Chair Suarez: Please. DISCUSSION ITEM City ofMiami Page 208 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 12-00061 NA.6 12-00063 CHAIR SUAREZ ACKNOWLEDGED THE SECOND ANNIVERSARY OF THE EARTHQUAKE IN HAITI AND REQUESTED A MOMENT OF SILENCE IN THE MIAMI CITY HALL CITY COMMISSION CHAMBERS IN OBSERVANCE. DISCUSSED Chair Suarez: I'm going to call the afternoon session to order. Before beginning on the afternoon portion of the agenda, I would like to recognize that today is the second anniversary of the earthquake in Haiti. And I would hope that -- I don't know if Commissioner Spence -Jones, do you want to say anything about that that before we observe a moment of silence? Commissioner Spence -Jones: No. I mean, I just think the mere fact that you are acknowledging it is extremely important andl think that we should remember that we're so lucky, you know, and that's all that needs to be said. Chair Suarez: Thankyou. With the cooperation of everyone in the chambers, if we can please just observe a moment of silence. Thank you. DISCUSSION ITEM CHAIR SUAREZ ACKNOWLEDGED THE PRESENCE, IN THE MIAMI CITY HALL CITY COMMISSION CHAMBERS, OF MANOLO REYES, A DEAR FRIEND AND MENTOR. DISCUSSED Chair Suarez: One of the small perks that have for being the Chairman is that get to do things kind of at my own pace. Andl want to recognize someone who's in the audience today who's become a dear friend and a mentor, Mr. Manolo Reyes. Thank you for coming. Appreciate it. Applause. Chair Suarez: Thankyou. Applause. Manolo Reyes: Allow me just to take just a minute. First of all, I want to congratulate all of you because you doing a wonderful job. It's nice to have you back, Michelle, and congratulations in your reelection. I just came to congratulate you -- Chair Suarez: Thankyou. Mr. Reyes: -- and to let you know that we are proud of all of you. You are doing a good job. And the City ofMiami is in good hands. And to, once again, offer my services. Ifyou ever need it, I'm there for you. Chair Suarez: Thankyou, Manolo. Mr. Reyes: Okay. Congratulations. Commissioner Gort: Thank you. Chair Suarez: That's -- you know, if you were here earlier today, we had a campaign that was City ofMiami Page 209 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 called the "Believe" campaign that we're initiating this year, and a big part of that is having people come up and do exactly what you just did, which is to just fill us with positive reinforcement and goodwill, and so we thank you for that. Thank you so much. Mr. Reyes: Thanks to you for doing the job you're doing. Chair Suarez: Thankyou. Mr. Reyes: Keep up the good work. Chair Suarez: Thankyou. Mr. Reyes: Okay. Chair Suarez: We will. Mr. Reyes: Take care. NA.7 DISCUSSION ITEM 12-00069 Office of the City DISCUSSION BY CHAIR SUAREZ REGARDING HIS RESIGNATION Clerk FROM THE GREATER MIAMI CONVENTION AND VISITORS BUREAU. DISCUSSED (NA.7) RESOLUTION 12-00069a Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk COMMISSIONER MICHELLE SPENCE-JONES AS A MEMBER OF THE GREATER MIAMI CONVENTION AND VISITORS BUREAU (GMCVB), TO FILL AN UNEXPIRED TERM AS DESIGNATED HEREIN. Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0031 Chair Suarez: Yeah. Let me -- would you accept the offer to be on the -- Commissioner Spence -Jones: Yes, I -- Chair Suarez: -- Greater Miami --? Commissioner Spence -Jones: -- would like to accept -- Chair Suarez: So I'll resign from that board. Vice Chair Sarnoff. Second the motion. No, I'll make the motion. Priscilla A. Thompson (City Clerk): No, no, no. City ofMiami Page 210 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 Chair Suarez: Second. Commissioner Gort: Second. Chair Suarez: Wait, wait, wait, wait. Let's slow down. We're doing so well today. Commissioner Spence -Jones: I know. Chair Suarez: You know. Commissioner Gort: You're doing great. Ms. Thompson: We're dealing with which board now? Chair Suarez: We're now dealing with the Greater Miami Visitors and Convention Bureau Board which -- of which I am a member. I'm officially tendering my resignation -- Ms. Thompson: Thank you. Chair Suarez: -- on the record. Vice Chair Sarnoff. And I'm moving Michelle Spence -Jones to be -- Chair Suarez: Vice Chairman Sarnoff has moved Commissioner Michelle Spence -Jones. Is there a second? Commissioner Gort: Second. Commissioner Spence -Jones: Second. Chair Suarez: It's been second by Commissioner Willy Gort. All in favor, signift by saying "aye." The Commission (Collectively): Aye. Chair Suarez: Any in opposition? None. Unanimous. Commissioner Spence -Jones: Thank you, Mr. Chairman. NA.8 EXECUTIVE SESSION 12-00031 Office of the City UNDER THE PARAMETERS OF F.S. §286.011(8), F.S. [2011], THE PERSON Attorney CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASES OF (1) CONTENDER FISHING TEAM, LLC AS OWNER OF THE VESSEL FL3021 NR FOR EXONERATION FROM OR LIMITATION OF LIABILITY V. CITY OF MIAMI, CLAIMANT, CASE NO.: 08-22268-CIV-HOEVELER AND (2) RICHARD S. SOL V. CITY OF MIAMI, ET AL., CASE NO.: 08-22498-CIV-HOEVELER, BOTH PENDING IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION City ofMiami Page 211 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN FRANCIS SUAREZ, FRANK CAROLLO, MARC DAVID SARNOFF, WIFREDO (WILLY) GORT AND MICHELLE SPENCE-JONES; THE CITY MANAGER, JOHNNY MARTINEZ; THE CITY ATTORNEY, JULIE O. BRU; AND DEPUTY CITY ATTORNEY WARREN BITTNER. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON 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 MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. 12-00031 Memo - Office of the City Attorney.pdf DISCUSSED Chair Suarez: Before we go on to the discussion items, I think the City Attorney has something she wants to read into the record. Julie O. Bru (City Attorney): Yes. I would like to request an executive session, Mr. Chairman, with your permission. Members of the Commission, pursuant to the provisions of Section 286.0118 of the Florida Statutes, I'm requesting at the next City Commission meeting of January 26, 2012 an attorney -client session, closed to the public, for purposes of discussing the pending litigation in the consolidated cases of Contender Fishing Team, LLC (Limited Liability Company) as owner of the vessel F3-31MR [sic] for exoneration from a limitation of liability, petitioner, versus City ofMiami, and Richard Sol, plaintiff, versus City ofMiami. These are cases pending in the United States District Court, Southern District of Florida. The subject of the meeting will be confined to settlement negotiations or strategy sessions related to litigation expenditure. And Mr. Chair, I'll leave it up to you to determine what time you'd like to have this executive session. Chair Suarez: What time is it convenient for you? Ms. Bru: We usually do it after lunch. Chair Suarez: 2 p.m. then. Ms. Bru: Okay, thank you. Chair Suarez: We're going to have to have a -- Commissioner Gort. We may be missing Commissioner Gort on that. Priscilla A. Thompson (City Clerk): I'm sorry, Chair. I just need to make sure with the City Attorney. Our deadline for submitting the notice for your ten days was today. Vice Chair Sarnoff. Better get it in quick. Ms. Thompson: So there's -- Ms. Bru: No, this doesn't need a particular number of days of advertisement or anything like that. Ms. Thompson: Thank you. Ms. Bru: Okay. City ofMiami Page 212 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 NA.9 12-00065 Chair Suarez: Thank you. DISCUSSION ITEM DISCUSSION BY CHAIR SUAREZ REGARDING THE CITY OF MIAMI'S LOBBYING EFFORTS DURING THE STATE LEGISLATIVE SESSION FOR THE PURPOSE OF ENSURING THAT THE CITY'S INTERESTS ARE REPRESENTED. DISCUSSED Chair Suarez: I have a pocket discussion item, which is basically the state legislative session began two days ago on Tuesday, andl got a call from the majority leader maybe about a week and a half ago and he was concerned about the fact that obviously we have, you know, eliminated essentially our whole entire lobbying team from $250, 000 to I think 50,000, which I think is only doing federal lobbying now. And we had adopted a strategy which, by the way, I think is a good strategy, that we were going to basically do it in-house and we were going to use our abilities as Commissioners to persuade the state representatives that represent the City of Miami and that we have, in most cases -- I know I have -- many good relationships with. My concern is that -- two things. One, he basically expressed the concern that he wasn't sure that we were going to be manning the fort from Tuesday to Thursday of every single week in the legislative session, and so I reached out to Mr. Menendez andl explained to him what the majority leader's concerns were. He told me he spoke with the City Manager. So I just want a representation from the Administration that somebody will be there Tuesday to Thursday for the entire legislative session. Johnny Martinez (City Manager): Yes. Kirk is scheduled to be there. If he has a conflict -- Chair Suarez: Perfect. Ms. Thompson: I'm sorry. We didn't get that on the record. Mr. Martinez: My answer to the Commissioner is yes. Chair Suarez: Okay, thank you. The second issue that he brought up was -- he basically told me this is his year. He's the majority leader. This is the year that he has the most ability and power to get things done for us and he wants to take advantage of it. And so I really didn't have a plan of action that could go back to him with from the perspective of what we, as Commissioners, maybe would -- would be an opportune time for us to go up to Tallahassee. So I would ask Kirk, by -- andl know he's not here today and I've spoken to him about this already -- and through your office, to maybe come up with some proposed dates where he would want to see the Commissioners up there and then maybe we can take turns or go, you know, two people at a time or whatever -- Vice Chair Sarnoff That's not -- Chair Suarez: -- so that -- Vice Chair Sarnoff -- a bad idea. Chair Suarez: Yeah. -- we can have, you know, adequate representation up in Tallahassee. So you know, I know that we can do it for the little amount of money that we've allocated for this effort, and in fact, I think we're going to be more effective doing it this way so. NA.10 DISCUSSION ITEM City ofMiami Page 213 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 12-00067 BRIEF DISCUSSION BY COMMISSIONER GORT REGARDING PAYROLL ISSUES. DISCUSSED Direction by Commissioner Gort to the Administration to have the Interim Finance Director provide a report of the City departments that currently use the Kronos payroll system. Chair Suarez: Commissioner Gort, discussion item. Commissioner Gort: They're going to bring it in, but mainly, it was the -- y'all are aware of the financial. We had the problems with the payrolls and so on, so there's a lot of questions that I've asked the Finance Department. I think Pete has got some of the answers. Pete Chircut: Pete Chircut, interim Finance director. To address the payroll, accrual rollover of leave balances in the last pay period, the payroll period ended 12/17/2011, which was the 26th payroll during the fiscal year -- during the calendar year. The 26 payroll triggered a rollover leave balance into this following -- the following year, which is 2012. There was some manual adjustment that was done for employee that use vacation between 12/18 through 12/31. Those balances were not lost and the correct -- it will correctly reflect it in the paycheck dated 1/20/2012. Commissioner Gort: No, I understand that. But at the same time, some people received no checks; other peoples received additional checks. Mr. Chircut: That is not correct, Commissioner. Commissioner Gort: Well, that's -- Mr. Chircut: Everybody was paid on a regular schedule, except for 16 checks that was post - production in the last pay period. Commissioner Gort: Only 16 individuals. Mr. Chircut: Sixteen. Commissioner Gort: Sixteen. Mr. Chircut: One six -- Commissioner Gort: Okay. Mr. Chircut: -- which is .2 percent of I percent. Commissioner Gort: Now my question is on payroll -- I remember when I was here before, we had -- every one of us had to fill out the documents of how many hours we worked and all that and that had to be approved and signed by the director of the departments. Do we still do that? Mr. Chircut: I believe so. Commissioner Gort: You believe so. Mr. Chircut: I believe all department directors do. Commissioner Gort: All department directors sign for the time of each one of the employees? City ofMiami Page 214 Printed on 2/6/2012 City Commission Meeting Minutes January 12, 2012 ADJOURNMENT Mr. Chircut: I believe so. Commissioner Gort: You believe so. Mr. Chircut: Yes. Commissioner Gort: You're not sure? Mr. Chircut: I cannot stand here and vouch for it, but believe they do. Commissioner Gort: I also understand that in some departments they don't use the system that should be used, Oral [sic], whatever the system we have for payroll. And my understanding is, the reason is because the overtime has got to be scheduled within that month. But if they don't -- if they use the system, they have to put it in the month they used it. But if they don't use that system, then they can't accumulate the overtime and then bring them together after three month. Unidentified Speaker: Kronos. Commissioner Gort: Kronos, yeah. Mr. Chircut: Kronos. That I -- I'm not sure how to address that, Commissioner, because -- Commissioner Gort: Okay. Well, what I'd like to get back some information who's using Kronos for the payroll and which departments not using it, okay. Mr. Chircut: That I can give you. Commissioner Gort: Okay. Mr. Chircut: Thank you. Chair Suarez: Okay. Thank you, Commissioner Gort. The meeting adjourned at 7:11 p.m. City ofMiami Page 215 Printed on 2/6/2012