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HomeMy WebLinkAboutCC 2012-01-26 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Di • -sash. I° r • IN O9P I9 1i: Meeting Minutes Thursday, January 26, 2012 9:00 AM PLANNING & ZONING City Hall Commission Chambers City Commission Tomas Regalado, Mayor Francis Suarez, Chairman Marc David Sarnoff, Vice -Chairman Wifredo (Willy) Gort, Commissioner District One Frank Carollo, Commissioner District Three Michelle Spence -Jones, Commissioner District Five Johnny Martinez, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes January 26, 2012 CONTENTS Present: Commissioner Gort, Vice Chair Sarnof3", Commissioner Carollo, Chair Suarez and Commissioner Spence -Jones PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM -APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES RE - RESOLUTIONS ES - EXECUTIVE SESSION 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 of Miami Page 2 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 9:00 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 12-00046 PRESENTATION Honoree Presenter Protocol Item Community Friends Mayor Regalado Certificates of Appreciation Community Friends Commissioner Gort Certificates of Appreciation 12-00046 Protocol Item.pdf PRESENTED 1) Mayor Regalado presented a Special Certificate of Appreciation to Amigos for Kids in honor of their committment to civic responsibility and communal welfare through generous donations and support for the Christmas Toy Drive and other important neighborhood projects in the City ofMiami by a community partner whose philanthropy serves as a source of inspiration. 2) Mayor Regalado presented Certificates of Appreciation to Kent Security and the Eye Institute of South Florida for their committment to civic responsibility and communal welfare to the residents of the City ofMiami. Chair Suarez: We will now proceed to the presentations and proclamations part of the agenda. Presentations made. [Later..] Chair Suarez: Mr. Mayor, are you ready to present your proclamation? All right, Mr. Mayor, you're recognized for the record. Presentation made. INVOCATION AND PLEDGE OF ALLEGIANCE On the 26th 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 Planning and Zoning Commission Meeting was called to order by Chair Suarez at 9:00 a.m., recessed at 11:56 a.m, reconvened at 2: 00 p.m, recessed at 2: 03 p.m, reconvened at 3:32 p.m and adjourned at 7:28p.m. Note for the Record: Commissioner Spence -Jones entered the Commission chambers at 9: 01 a.m. and both Vice Chair Sarnoff and Commissioner Carollo entered the Commission chambers at 9: 05 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Priscilla A. Thompson, City Clerk City ofMiami Page 3 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 MAYORAL VETOES Chair Suarez: We're going to start. Andl know we only have two Commissioners, but we don't need three Commissioners to start a Commission meeting. We need three Commissioners to take votes. Welcome to the January 26, 2012 meeting of the City ofMiami Commission in these historic chambers. The members of the City Commission are Marc David Sarnoff, Vice Chair, Frank Carollo, Michelle Spence -Jones, and myself, Francis Suarez, the Chairman. Also on the dais are Johnny Martinez, the City Manager; Julie O. Bru, the City Attorney; and Priscilla A. Thompson, the City Clerk. I'd now like to proceed to the invocation and the pledge. If Commissioner Gort would be so kind as to give us the invocation and I'll do the pledge. Invocation and pledge of allegiance delivered. NO MAYORAL VETOES Chair Suarez: Moving along to the Consent Agenda. Priscilla A. Thompson (City Clerk): Actually -- I apologize. Chair Suarez: Oh, my apologies. See, I already -- you know, I was trying to go for a perfect day, but -- Madam Clerk, are there any mayoral vetoes? Ms. Thompson: No, Chair, there are no mayoral vetoes. Chair Suarez: Thank you, Madam Clerk. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort Chair Suarez: So there's no additional proclamations. Do I have a motion on the minutes, the special Commission meeting minutes of December 8, 2011? Vice Chair Sarnoff. So move. Chair Suarez: Moved by Vice Chairman Sarnoff. Is there a second? Commissioner Carollo: Second. Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Carollo. All in favor, signift by saying aye." The Commission (Collectively): Aye. Chair Suarez: Minutes are approved unanimously. END OF APPROVING MINUTES ORDER OF THE DAY Chair Suarez: So let's go ahead and proceed to the City Attorney's statement. We can always come back to the presentation and proclamation. City ofMiami Page 4 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Julie O. Bru (City Attorney): Good morning, Mr. Chair, members of the Commission, Mr. Manager, Madam City Clerk, and members of the public. Any person who's a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the code section 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 it's also available online at www.miamigov.com. Anyone wishing to appeal any decisions made by the City Commission for any matter considered at this meeting may need a verbatim record. Please, no cell phone or other noise -making devices; silence those now. Any person who makes an offensive remark or becomes unruly in the chambers will be barred from attending any meetings in the future. Any person with a disability who requires auxiliary aids, please contact the City Clerk. And the lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon, unless the Chairman indicates otherwise. The meeting will end at the conclusion of deliberation of the agenda item being considered at 10, unless the Chairman indicates otherwise. And there is also -- this meeting is also a Planning and Zoning meeting, and those matters will begin after -- I always forget. Chair Suarez: Thank you, Madam City Attorney. [Later..] Chair Suarez: PH.1. Commissioner Gort: Administration's not pulling anything? Johnny Martinez (City Manager): Oh. Mr. Chair. Chair Suarez: Yes. Mr. Martinez: I have some items that I want to -- Chair Suarez: Okay, Mr. Manager. Yeah, it's not on my plasma there as an item so. Mr. Martinez: FR (First Reading) -- Chair Suarez: Just give me one second. Mr. Martinez: -- 2, I want to continue -- Commissioner Gort: Wait. Hold, hold, hold. Mr. Martinez: -- till February 23. Chair Suarez: Excuse me one second. Okay, go ahead. I'm sorry. Mr. Martinez: Okay. FR.2, I want to continue till February 23. Chair Suarez: Okay. Mr. Martinez: RE.9, I want to defer to the next meeting. Commissioner Gort: What was it, RE (Resolution) --? Vice Chair Sarnoff RE.9. Mr. Martinez: RE.9. City of Miami Page 5 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Gort: RE. Vice Chair Sarnoff Is there an RE.9? Mr. Martinez: Yeah. That's the MOU (Memorandum of Understanding) with Marine Stadium. Vice Chair Sarnoff Oh, I'm sorry. What are you continuing it to? Commissioner Spence -Jones: What are we doing now? Mr. Martinez: I want to defer it to the next meeting. The board just met and I don't think it's given enough time to everybody to absorb the substitutions, in my opinion. And SR.3, that's the surtax increase. I would like to withdraw that item. Commissioner Spence -Jones: I'd like to make a comment on that. Chair Suarez: Madam -- yeah. Madam -- Commissioner Spence -Jones, you're recognized. I'm sorry. Commissioner Spence -Jones: Sure. Let me just say this. In the spirit of unity and cooperation on this issue, I'm going to yield to the Manager's request to withdraw. However, I would like, Mr. Chairman, for us to -- I would like to discuss this on my blue pages. I think -- Chair Suarez: Absolutely. Commissioner Spence -Jones: -- it's extremely important for us to still discuss it today. Chair Suarez: Absolutely. Commissioner Spence -Jones: I would like to add, however, that it's crazy that we're even going through this issue over one dollar. This equates to a one -dollar increase, but I still think that it's important for us to have the discussion. But what's even more so crazy, Mr. Chairman, for me on this issue is the spirit of division that's centered around this issue. And for me and I'm sure everybody sitting up here understands the importance of us supporting our rich heritage and culture. For some people, that may not mean a lot, but as I came to the -- for the first time for the Three Kings Parade this past -- a week and a half ago, I saw how important it was for the people in the heart of Little Havana. And if we don't begin to think about things that we must do to create resources, then we will find ourself in the same position every year during budget. But I will yield to the Manager. I respect the fact that he's asked to withdraw the issue. I just would like to have a further discussion about it on my blue pages. Chair Suarez: Absolutely. Is there a motion on the withdrawals, continuance, and deferrals? Commissioner Carollo: Mr. Chairman. Chair Suarez: Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you. I just want to -- two things. First of all, I want to ver which are the items. I know there was only three, but maybe I'm a little slow today. Chair Suarez: I have withdrawal of SR. 3. Commissioner Carollo: Okay, give me a second. Okay. City of Miami Page 6 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Chair Suarez: Continuance of FR.2. Madam Clerk, to what meeting is that being continued? The same like meeting of next month? Commissioner Carollo: Yes. Priscilla A. Thompson (City Clerk): No. I heard the Manager say FR.2 to February 23. Chair Suarez: February 23. Commissioner Carollo: Next meeting. Chair Suarez: And then defer ofRE.9I guess to the next meeting. Ms. Thompson: To -- the next meeting -- Mr. Martinez: Yeah. Ms. Thompson: -- would be February 9. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, Commissioner, you're recognized. Commissioner Carollo: I would like to defer to the next meeting, if you give me a second, RE. 6, which is the changing stations. And although I think it's extremely important, I also think that getting the accurate information is extremely important and -- Commissioner Spence -Jones: RE.6. Commissioner Carollo: -- already, we've made -- RE. 6 -- a lot of improvements and some double counting that occurred and various things. So I want to make sure that everything is brought before coming to this Commission, so I would like to defer it to -- even though it's my item, I would like to defer it to next meeting. Chair Suarez: Commissioner, is your motion to defer that and all the other items as well? Commissioner Carollo: I'll make a motion to defer all -- everything that I've stated, my -- RE. 6 and all the other ones that you mentioned. Chair Suarez: Is there a --? Commissioner Spence -Jones: Okay, can we -- I'm sorry -- just repeat it again? It's F -- Chair Suarez: The ones I have are with -- Commissioner Spence -Jones: -- FR.3 -- Ms. Thompson: No. Chair Suarez: -- drawal of SR.3 -- Commissioner Spence -Jones: SR.3. Chair Suarez: -- continuance of FR.2 -- City of Miami Page 7 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Spence -Jones: FR.2, okay. Chair Suarez: -- deferral of RE.6 -- Commissioner Spence -Jones: RE.6, uh-huh. Chair Suarez: -- and deferral of RE.9. Commissioner Spence -Jones: RE.9? Chair Suarez: RE.9 is the -- Vice Chair Sarnoff Second page. Chair Suarez: -- second page, the Miami Marine Stadium. Commissioner Spence -Jones: Okay. Chair Suarez: Okay. Commissioner Spence -Jones: All right, thank you. Chair Suarez: There's a motion. Is there a second? Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. Any discussion? Ms. Bru: Mr. Chair. Chair Suarez: Yes, Madam City Attorney. Ms. Bru: On the items that are being continued and deferred and withdrawn, I just want to bring an issue up. Chair Suarez: Sure. Ms. Bru: On SR.3, which was the increase in the rate surcharge, that item came to you for first reading and was adopted on first reading. It has always been our interpretation of procedure -- andl would like the City Clerk also to give you her opinion on this -- is that once the City Commission has taken action on an ordinance, that ordinance belongs to the City Commission and you need to dispose of it one way or another. The Manager is withdrawing the item, but it is not his to withdraw. Chair Suarez: It's being -- it's a motion that's being made by a Commissioner to withdraw the item from the agenda. Ms. Bru: I thought it was the Manager. Chair Suarez: It was his request that it be withdrawn, but it was a Commissioner who made the motion to withdraw it. Ms. Bru: Okay. Chair Suarez: So -- and then we have another Commissioner who wants to discuss it, which I City of Miami Page 8 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 will absolutely honor her desire to do that. Commissioner Carollo: Mr. Chairman, I'm sorry -- Chair Suarez: Yes, Commissioner Carollo. Commissioner Carollo: -- to interrupt, but I need to interject. I think we're talking about two different issues. Ms. Bru: No, it's the surcharge, the -- SR.3. Commissioner Carollo: Right. I thought you were mentioning -- I thought -- okay. My understanding was the building fees that came up at the last Commission meeting. No? We'll discuss that afterwards? Ms. Bru: That hasn't been discussed. Commissioner Carollo: Okay. Ms. Bru: Okay. Just so that -- Commissioner Carollo: Okay, I stand corrected. Ms. Bru: -- I'm clear, that item will come up during the meeting for discussion? Chair Suarez: That's correct, as a blue page -- a pocket blue page item by Commissioner Spence -Jones -- Commissioner Spence -Jones: Right. Chair Suarez: -- for discussion. Commissioner Spence -Jones: Right. Chair Suarez: And then we'll take it from there. Commissioner Spence -Jones: Right. And l just want to make it very clear, the reason why I'm doing it is because the City Manager -- and I'm respecting his leadership on this issue -- has asked me to withdraw with the understanding that in our discussions -- andl want to make sure the other Commissioners are on the same page about it -- that we need to find a creative way to support the rich culture and heritage of our community with our parades and certain festivals. So I just want to make sure that all the Commissioners on the dais understand why I withdraw the item, butt still think that we do need to have a discussion because I think there's a lot of confusion around it, there's a lot of division around it, there's a lot of throwing rocks and hiding hands behind it, andl want to clear it out and air it out today. Chair Suarez: Fair enough. Ms. Bru: Okay. And as far as, Madam City Clerk, when you show an item as having been withdrawn, it is your interpretation of that item that the item will not come back. Is that correct? Ms. Thompson: That is correct. And may I also interject, please. We have to make sure that we're keeping an accurate record. Commissioner Spence -Jones: Yes. City of Miami Page 9 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Ms. Thompson: And as we're going through this process, I have to tell you very honestly, I don't think it's going to be accurate, okay. What I -- because we're taking it one place, putting it another place; you won't be able to follow the discussion and all of that. Vice Chair Sarnoff. Let's just -- Ms. Thompson: May I suggest -- Commissioner Spence -Jones: Yes. Ms. Thompson: -- that upon the withdrawal of this item that we have before us, SR.3, which under normal procedures when you withdraw it, there's no more discussion, okay. When you withdraw the item, that's it. It's -- Chair Suarez: But -- Commissioner Gort: Mr. Chairman. Ms. Thompson: -- there's usually no more discussion. Commissioner Gort: Mr. Chairman, let me ask a question. Commissioner Spence -Jones: Okay. Ms. Thompson: However, our Commission has entertained that discussion. Chair Suarez: And Madam Clerk, let me just clam, andl think there's a difference here. She wants to discuss generally -- and, you know, correct me if I'm wrong, Commissioner Spence -Jones -- the notion that we need to allocate funds for these very, very important projects Commissioner Spence -Jones: Yeah. Chair Suarez: -- and that we -- she wants to discuss that, and that could involve the surtax. It can involve any other funding sources. So I don't think necessarily one is -- you know, it's not like we're going to bring the ordinance back -- Ms. Thompson: I agree with you -- Chair Suarez: -- in the discussion. Ms. Thompson: -- partly, okay, simply because you have it -- you have this advertised as a specific item with specific discussion on specific things. All I'm going to suggest to you is that you don't do any -- don't have any more discussion on SR.3 and let the Commissioner bring up her broad discussion of this subject matter on her blue page. Chair Suarez: Which is precisely what she says she's going to do. Ms. Thompson: Right, but we're -- Chair Suarez: Andl agree with that. Ms. Thompson: So when we start discussing it, we're not going to be discussing SR.3. City of Miami Page 10 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Chair Suarez: That's correct. Ms. Thompson: We've got a whole clear discussion that's broad; it encompasses a lot of different things. Chair Suarez: I understand your -- Ms. Thompson: Okay, so what we'll be doing is closing off the discussion now of SR.3. Chair Suarez: Yes. Commissioner Spence -Jones: Right. Ms. Thompson: Okay. Commissioner Spence -Jones: And l just want to be clear, Mr. Chairman, and with my City Manager. Whatever the discussion that comes out of it, the whole idea this afternoon is for us to come up with a solution to bring back something. It may not be the same form of it, but to definitely look at figuring out a way to address these issues. Ms. Thompson: And that will happen when you finish your -- Chair Suarez: Right. Ms. Thompson: -- discussion -- Commissioner Spence -Jones: Right. Ms. Thompson: -- and you all take any action. Commissioner Spence -Jones: And I'm fine with that. Ms. Thompson: But -- so what we're doing now, we're closing out SR.3. It's withdrawn. We have no more discussion. We're closing -- Chair Suarez: Well, we haven't voted on it and -- Commissioner Gort: We haven't voted. Chair Suarez: -- we haven't -- and we don't -- and you know, so let's vote on it. Commissioner Gort: Mr. Chairman. Ms. Thompson: Oh, I -- oh, I'm sorry. You're right; we have a motion and a second. Chair Suarez: Madam Clerk, Commissioner Gort would like to be recognized. Commissioner Gort. Commissioner Gort: My understanding, we have the option also not to approve it. Chair Suarez: Of course. Commissioner Gort: I mean, we have the option not to approve the Manager's recommendation. Chair Suarez: Of course -- City of Miami Page 11 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Ms. Thompson: Of course. Chair Suarez: -- but we've already motion and second it. There's no more discussion. Is there any further discussion from Commissioners? Commissioner Carollo. Commissioner Carollo: The only thing -- I just want to be clear one more time since there's been a lot of discussion. What my motion was, and it was to withdraw SR.3, continue FR.2, defer to the next meeting RE. 6, and defer to the next meeting RE.9. I just want to make sure everyone is clear. Chair Suarez: Very well stated. And that was seconded by Commissioner Spence -Jones. No further discussion. All in favor, signifi, by saying "aye. The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. [Later...] Chair Suarez: I'd like to take RE.7 and D1.2 out of turn because we have someone here from the Lindsey Hopkins. No, we don't? They're not here? Okay, then forget about that. That was -- you guys requested a time certain of 10 a.m. to our office. Okay. Unidentified Speaker: (UNINTET,T IGIBT ,F). Chair Suarez: It's all right. Don't worry about it. [Later...] Chair Suarez: Let's go ahead and take the PZ (Planning & Zoning) deferral then. Can we switch over to the PZ? Commissioner Spence -Jones: Chairman, are we holding off also on D4 [sic], the discussion on it? Chair Suarez: We are holding off on the discussions. We're going to do a PZ deferral only and then we're going to come back to the regular agenda. Commissioner Spence -Jones: Okay, no problem. Chair Suarez: And just go on the normal course. Commissioner Spence -Jones: Okay. Ms. Thompson: Okay, so -- Commissioner Spence -Jones: 'Cause I don't -- if I'm -- I'm sorry -- not mistake, I'm assuming Albert doesn't have a lot to talk about on the trolley. He's just really giving us an update. Chair Suarez: I would hope -- right. I would hope it would be quick. Commissioner Spence -Jones: Okay. Ms. Thompson: So that we'll have our City Attorney read the PZ order of the day. City of Miami Page 12 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Maria J. Chiaro (Deputy City Attorney): If you wish to read -- Mr. Chair, if you wish me to read the order now -- Chair Suarez: Yes, please. Ms. Chiaro: -- before we're taking -- I will then. Chair Suarez: So that way we don't have to do it again later. Ms. Chiaro: PZ items shall proceed according to Section 7.1.4 of the Miami zoning code. Before any PZ item is heard, all those wishing to speak will be sworn by the City Clerk. Staff will briefly describe each item as it is to be heard. The members of the City Commission shall disclose any ex parte communications. The appellant or petitioner will then present the request and may waive the right to an evidentiary hearing. The order of presentation shall be as described in the City code. Members of the public will be permitted to speak on certain petitions. The City ofMiami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action. Ms. Thompson: Chair, before I go ahead and swear individuals in, I'd like to make sure so that we can release our interpreters, I wanted to find out from anyone in the audience if they need a Spanish interpreter or Creole, and I'll let the interpreters say that for me, please. Note for the Record: At this time the City Clerk's comments were translated by Frank Sasson, official Spanish interpreter, and Jocelyn Volmar, official Creole interpreter. Ms. Thompson: Thank you. Okay, seeing that no one has come forward, then if you are going to speak or test fy on any P&Z items this afternoon, I need you to please stand and raise your right hand so I can administer your oath. 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. Mr. Garcia, my understanding is that one of the PZ items, the parties have requested a deferral? Francisco Garcia (Director, Planning): Yes, sir, that is actually true for four of the items that we have on the PZ agenda. Chair Suarez: Can you please go ahead and explain them for the record? Mr. Garcia: Certainly, sir. Item PZ.1 is being requested for a continuance andl believe to this effect both the applicant -- or actually in this case only the applicants; not the appellant, but the applicants are in agreement andl believe they have a specific date in mind. I know they are present so perhaps they can approach. Javier Fernandez: Good afternoon, Mr. Chairman, members of the board. Javier Fernandez, with Akerman Senterfitt, offices at 1 Southeast 3rdAvenue. In speaking to staff and the Commissioner regarding this matter, we've requested a continuance until February 9. Chair Suarez: Sure. Any other ones, Mr. Garcia? City ofMiami Page 13 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Mr. Garcia: Yes, sir. Items PZ.8 and PZ.9, which are companion items, for these two I'm not sure if the applicant's actually present, but I did receive a written request that these items be continued to a date certain of -- I'm sorry, the applicant seems to be present. Applicant representative is present. And the request is that they be continued to the meeting of February 23. That's for PZ.8 and 9. And for PZ.11 there is also an agreement both on the part of the applicant and the appellant that this item might be continued in this particular case to a date further into the future and perhaps they can address that on the record. Tucker Gibbs: Good afternoon. My name is Tucker Gibbs and I'm representing Jeffrey Bash. Actually we're not the appellants in this matter. We're, I guess, sort of the appellees. But we've reached out and so has the appellant and we're asking for the deferral, andl think the deferral would be until the last -- the P&Z meeting in March. Ines Marrero: Yes, that's correct. For the record, Ines Marrero, attorney, with offices at 701 Brickell Avenue, on behalf of the appellant who's appealing the denial of our application. And by the Zoning Board, Educating Hands and Iris Berman, and we would request that the matter be deferred until the March Planning and Zoning meeting so we can hopefully reach an agreement on this matter. Chair Suarez: Okay, thank you. Mr. Garcia, is there any other ones? And then just -- I'm going to ask you to restate them for the Clerk so that she can -- Mr. Garcia: By all means, sir. In all three requests, the Planning and Zoning Department recommends favorably, so we recommend approval of all three requests for continuances or extensions. For item PZ. 1 the request is that the item be continued to February 9. For items PZ.8 and 9, the request is that the items be continued to the date of February 23. And for item PZ.11, the request is that the item be continued to March 22. Chair Suarez: Madam Clerk, are you clear on that? Is there a motion? Commissioner Gort: Move it. Commissioner Spence -Jones: Second. Chair Suarez: Moved by Commissioner Gort, second by Commissioner Spence -Jones. Any further discussion? All in favor, signift, by saying aye." The Commission (Collectively): Aye. Chair Suarez: Motion passes unanimously. Madam Clerk, can we recess P&Z or --? Ms. Thompson: No, you don't have to do that. We have one agenda, not separate agendas. You can go right ahead. Chair Suarez: Okay, thank you. City of Miami Page 14 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 CONSENT AGENDA CA.1 RESOLUTION 11-01214 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED NOVEMBER 10, 2011, PURSUANT TO INVITATION FOR BID NO. 282252, FROM DANA SAFETY SUPPLY, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROCUREMENT OF REMOVAL AND INSTALLATION OF EXISTING MOBILE DIGITAL COMPUTERS FOR THE POLICE DEPARTMENT, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL PERIOD OF TWO (2) YEARS, WITH OPTIONS TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 11-01214 Summary Form.pdf 11-01214 Tabulation.pdf 11-01214Addendum No.1.pdf 11-01214 Invitation for Bid.pdf 11-01214 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0032 CA.2 RESOLUTION 11-01215 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Purchasing RECEIVED NOVEMBER 28, 2011, PURSUANT TO INVITATION FOR BID NO. 270252, FROM VARIOUS RESPONSIVE AND RESPONSIBLE BIDDERS, FOR THE PURCHASE AND INSTALLATION OF ADDITIONAL EMERGENCY VEHICLE EQUIPMENT, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING ADDITIONAL SUPPLIERS TO THE CONTRACT AS DEEMED IN THE BEST INTEREST OF THE CITY OF MIAMI. 11-01215 Summary Form.pdf 11-01215 Award Recommendation Form.pdf 11-01215 Tabulation of Bid.pdf 11-01215 Detail by Entity Names.pdf 11-01215 Invitation for Bid.pdf 11-01215 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones City of Miami Page 15 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 R-12-0033 Adopted the Consent Agenda Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF CONSENT AGENDA Chair Suarez: Moving to the Consent Agenda, is there any item that would like to be pulled by any Commissioner? Is there a motion on the Consent Agenda? Commissioner Gort: Move it. Chair Suarez: Moved by -- Commissioner Spence -Jones: Second. Chair Suarez: -- Commissioner Gort, second by Commissioner Spence -Jones. Any discussion? All in favor, signift by saying aye." The Commission (Collectively): Aye. PUBLIC HEARINGS PH.1 RESOLUTION 11-01216 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "DOUGLAS ROAD STATION VINTAGE", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", AND SUBJECT TO THE SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLATAND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 11-01216 Summary Form.pdf 11-01216 Notice to the Public.pdf 11-01216 Legislation.pdf 11-01216 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-12-0034 Chair Suarez: PH.1. And before going to PH.1, I just want to reiterate for the benefit of the City of Miami Page 16 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 public something that we discussed in the last Commission meeting, which is that our code of ordinances states that unless further time to speak is granted by the presiding officer of the City Commission, any person addressing the Commission shall limit his or her address to two minutes. The reason why I read that is 'cause it sometimes seems to the public like an arbitrary deadline that we impose. Sony? Mariano Cruz: (INAUDIBLE). Chair Suarez: Well -- yeah, we -- I'll allow people to aggregate their time. I'll allow people to aggregate their two -minute time if they want to discuss it as a group so -- anyhow, without further ado, PH.1. Nzeribe Ihekwaba (Director): Good morning. Zerry Ihekwaba, Public Works. PH.1 is a resolution of the Commission to accept the final plat of Douglas Road Station Vintage from Miami -Dade County Transit, and also to authorize the City Manager to execute the related documents for the recordation of the plats in the public records of Miami -Dade County. The Miami -Dade County Transit has already completed all required subdivision improvements, including construction of sidewalk improvements. It is the intent and recommendation of Public Works, as well as the Plat and Street Committee, that the Commission accept this plat. Chair Suarez: Thank you. This is a public hearing. I'm now opening it up to the public. Any member of the public wishing to speak on PH.1? Seeing none and hearing none, the public hearing is closed; coming back to the Commission for a motion or discussion. Commissioner Spence -Jones: So moved. Chair Suarez: Moved by -- Commissioner Gort: Second. Chair Suarez: -- Commissioner Spence -Jones, second by Commissioner Gort. Commissioner Gort, you're recognized. Did you have discussion, Commissioner Gort? Commissioner Gort: The -- this means the City of Miami's taking over this property? Mr. Ihekwaba: No. This is a plat -- Commissioner Gort: A plot [sic]. Mr. Ihekwaba: -- that Transit is replatting in order to improve on it. It is located, if you read the supporting documents, at the corner of Douglas Road by the train station. Commissioner Gort: Right. Mr. Ihekwaba: And what the intent is is that they intend to do a commercial improvement at that location -- Commissioner Gort: In other words -- Mr. Ihekwaba: -- which will include -- Commissioner Gort: -- a commercial building is going to be built in there. Mr. Ihekwaba: Pardon me? City of Miami Page 17 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Gort: There's a development that's going to take place in that area. Mr. Ihekwaba: Yes. Commissioner Gort: Okay. Chair Suarez: Any further discussion? Hearing none, all in favor, signify by saying aye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. PH.2 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 MANAGERS 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 CENTER, EXTENDING THE TERMINATION DATE TO JULY 25, 2012. 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 Spence -Jones, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Noes: 1 - Commissioner(s) Sarnoff R-12-0035 Chair Suarez: PH.2. Daniel Newhoff (Interim Director): Good morning, Commissioners. Dan Newhoff, Department of Public Facilities. PH.2 is a resolution by the Miami City Commission, by a four fifths vote, after an advertised public hearing, raging, approving and confirming the Manager's finding, waiving requirements for competitive bidding procedures for the procurement of services; authorizing the Manager to execute an agreement with Global Spectrum for the extension of their current contract, effective April 1, 2012, for one year, with a one-year renewal option at the sole discretion of the City Commission. City of Miami Page 18 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Chair Suarez: Coming back to the Commission. Commissioner Spence -Jones: Is there a -- yeah. Mr. Chairman. Chair Suarez: Yes, Commissioner Spence -Jones. Commissioner Spence -Jones: I think was the only one that had probably an issue with the item, and my issue was really more about, you know, moving away from this process of not putting things out to bid. My concern was that this isn't one particular contract that we've had with Global for the last 12 years and it's never gone out to bid. I think that in the spirit of transparency, we have to begin to look at all of our options, not saying anything negative about, you know, the organization or what they've been able to do, and they've been great partners, but the reality is, you know, what we are paying for and what we've done over the last 12 years, something has to change. So I -- I'm understanding -from my Assistant City Manager -- I want to thank Alice for working through the details, and she has requested that we continue to keep the contract in place for now, but with the understanding that it would only be a four -month period, Alice, to allow for you guys to actually put it out to bid. Johnny Martinez (City Manager): Six months. Commissioner Spence -Jones: Okay, so you're now asking me for two additional months. So -- to allow for you to at least put it out to bid so that we can have an open process so that we can allow for other people to chime in and have an opportunity to participate. Our Procurement Department, are you here? Where's the Procurement person? I understand that you got a lot of work to do, but when we're -- when we are facing a serious deficit, like we keep saying 22 million, but I'm sure it's going to be a lot higher than that, you know, we got to start looking at ways to generate more revenue in order to save our city. So the option cannot be, you know, business as usual. The option has to be what other options are out there just as we talked about in our meetings, Danny. So I will go ahead and vote yes on this item, with the understanding that they only have the six months, but within that period we would put it out to bid to see what other options are out there. Chair Suarez: That -- I take that to be an amendment to the -- because it's a one-year, right, renewal? So that would be a motion with an amendment, correct? Priscilla A. Thompson (City Clerk): That would be a modification to the current resolution. Chair Suarez: Okay. Ms. Thompson: That's what I would understand. Chair Suarez: Is that a motion, Commissioner Spence -Jones? Commissioner Spence -Jones: So moved -- Chair Suarez: Okay. Commissioner Spence -Jones: -- with the amendments, meaning -- Chair Suarez: Right. Commissioner Spence -Jones: -- they will stay in place for the next six months, only to allow Procurement -- because I'm understanding you need more time. Put it on the record because I want to make sure -- City of Miami Page 19 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Mr. Newhoff. For the next six months. Their contract expires at the end of March, so is it six months effective at the end of their contract or from the date of the Commission meeting? Commissioner Spence -Jones: From the day of the Commission meeting, okay. Chair Suarez: This is a public hearing item. Commissioner Spence -Jones: I would like for Procurement to put -- can -- do you mind --? Chair Suarez: Oh, yeah. No. But Mariano, before you go, let -- Mr. Fernandez, before you go, just -- they want -- the Commissioner wants our Procurement Department to put something on the record, please. Commissioner Spence -Jones: Because I'm understanding this is the reason -- Procurement is the reason why we're having to delay this issue so. Kenneth Robertson (Director): Good morning. Kenneth Robertson, Purchasing Department. I have been working with the Administration and we will be putting out an RFP (Request for Proposals) -- Commissioner Spence -Jones: Okay. Mr. Robertson: -- with assistance from the Department of Public Facilities. Commissioner Spence -Jones: No problem. Thank you so much. Mariano Cruz: Okay. Chair Suarez: Thank you. Mr. Cruz. Mr. Cruz: Yes. Mariano Cruz, 1227 Northwest 26th Street. I am here as a lobbyist for the people because I more agree with Commissioner Spence -Jones because the only numbers I see here is four fifth and (UNINTELLIGIBLE). I don't see any numbers or anything (UNINTELLIGIBLE). And whenever I see James L. Knight Center, you know how much it's costing us yearly? Because we have penalty and we pay it, and that money's coming from the general fund. You know that. Years ago they did all kind of deal here. You were not here and you were not here and you were not here. You know how much money it's costing us? A lot of money yearly. That money could go to more police officers or more people on the street or more service in the neighborhood. No, but James L. Knight Center. But you see, the people with the briefcases and the three-piece suit, Italian suit come here, they did all kind of business there at the time. But I am here (UNINTELLIGIBLE) because I have to report that -- let's do -- you go to (UNINTELLIGIBLE). I took a hiatus, but I'll be going back to stay to let the people know whatever is going in the City Commission that you see the people coming here with the briefcases, they are coming looking for money, all of them coming -- they not coming to give anything to us, nothing. So I agree with you. They should do something about the James L. Knight Center because we can't -- if we got the money, we cannot pay them. We cannot pay the mortgage on those things there. And it's a lot of people make money out of that. Chair Suarez: Thank you, Mr. Cruz. Commissioner Spence -Jones: Thank you. Chair Suarez: Thank you. Any other members from the public would like to speak on PH.2? Any other members from the public? Seeing none and hearing none, the public hearing on PH.2 City of Miami Page 20 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 is closed; coming back to the Commission. Is there a second? Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. Any discussion, Commissioner Carollo. Commissioner Carollo: No. I just want to verifi, the amendment. The amendment is just for -- to keep them in place for six months, starting today. So pretty much, we're in, what, the end of January, so they're getting an additional three months or so while we do the procurement process, and they could bid also, correct? Commissioner Spence -Jones: Yeah, they can definitely bid. Commissioner Carollo: Okay. Commissioner Spence -Jones: I just -- Commissioner Carollo: I don't have -- Commissioner Spence -Jones: -- and l just want to be clear, guys. We have -- the whole purpose of me doing this is not that I have a issue with Global, but this, you know, waiving bids thing, we should be -- this is not something that we should be practicing. Chair Suarez: Thank you. And just -- I have a quick question/statement. I recall -- and I could be wrong -- that at some point the Administration said that James L. Knight Center was now making a profit. Is that accurate? Commissioner Spence -Jones: That is so true. Chair Suarez: It's accurate. So I just want to -- for -- to answer Mr. Cruz's -- cause he's right. Initially and historically, I think the James L. Knight has been kind of like a black hole -- Commissioner Spence -Jones: Yeah. Chair Suarez: -- of money, monetary black hole. Commissioner Spence -Jones: Right. Chair Suarez: And I think -- I just wanted to put on the record that it appears that now that has changed and just want to clarify that. Commissioner Spence -Jones: And then, Mr. Chairman, I want -- Chair Suarez: Yes, of course. Commissioner Spence -Jones: -- I would like to add on that. And you're absolutely right, you know, and I've always been a very big supporter ofJames L. Knight only because it is the one place that local promoters do have an opportunity to actually put a show in place and be able to take care of families and provide, you know, great shows for all communities, so I've always been a supporter of that. My only concern regarding the overall issue -- Lorenzo, for instance, he was the person that was very much responsible for seeing the James L. Knight Center go out of the black -- I mean, out of the red to the black, so I appreciate that. But now I don't know that he's not there, I don't even ask what the numbers have changed since then. I just -- for me, it's not even about that issue. The issue is we cannot continue to give away contracts that have been here for 12 years and not put them out to bid. Come on. I mean, that makes us all look bad. It's City of Miami Page 21 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 like why don't we not want to know what our options are. Chair Suarez: There's -- Mr. Newhoff. I can state the revenues and expenses on the record, if you'd like? Chair Suarez: Sure. Just real quick, please. Mr. Newhoff. In 2010 the operating profit, if you will, revenues over expenses was $91, 000. In 2011 -- I just got the audit in about two weeks ago -- the revenues have increased to $164, 000. Chair Suarez: Thank you. There's a motion and a second. Commissioner Sarnoff.. Mr. Chair. Chair Suarez: Any further discussion. Commissioner Sarnoff, you're recognized. Commissioner Sarnoff.. I think we should correct the record a little bit because if you did not put American Recovery Relief [sic]Act money into the chiller plant, then -- am I wrong on that? How much did we just put -- last Commission meeting we voted how much money? Five point something million. Mr. Newhoff. I believe the number was in the two million dollar range. Commissioner Sarnoff.. Fair enough. If we factored the $2 million in there of federal money, then we wouldn't be making a profit. That would be an obligation on behalf of the City of Miami. So I think we should correct the record. If we didn't take taxpayer money from a deficit -oriented federal government, we would not be making money at the James L. Knight Center. Mr. Newhoff. I think for the purposes of the 164,000 that Global earned for the City in 2011, that was just with the facility of having very little capital improvements over the last 20 years with what they had to work with. So this -- going forward, yes, we would factor that into the total indirect cost analysis, but this is -- this was just a straight revenues over expenses. Commissioner Sarnoff.. No, not at all. And I'll defer to Commissioner Carollo. How you wish to characterize CapEx is how you wish to characterize it. If you were a private entity, you would not be making money. Only government could claim the James L. Knight Center is making money, because you had to take two point something million dollars from another entity to pay an obligation under a lease that is an obligation that could and possibly should but luckily was not borne by the general fund. So I think to correct the record, you should state the James L. Knight Center has not made us money and will not make us money if we properly characterize the capital improvements that the City ofMiami by contract is obligated to make therein. Mr. Newhoff. I would agree with you for 2012. In 2011 zero dollars were spent. Commissioner Sarnoff.. There -- wait a minute. If you -- let's use a condominium for instance. A condominium turns around, does no elevator maintenance, does no air conditioner maintenance for 20 years. On the 21 st year, the elevator breaks, the air conditioner goes down. Under your analysis, the condo's been profitable for 19 years, but they haven't been paying a deferred maintenance issue. They haven't been putting money aside to start -- we know elevators fail probably less than 20 years. We know living in South Florida, the windows corrode. We know all these things. But you're characterizing the James L. Knight Center is making a profit and it's a gross mischaracterization. And while it may do great things, if you didn't take money from a government entity that prints money in its basement, you would not have made money. City ofMiami Page 22 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Spence -Jones: Mr. Chairman. Chair Suarez: Yes. Commissioner Spence -Jones: Let me just say this. Dan, you are truly a gentleman, andl do understand what you're trying to do to keep, you know, the facilities going. And as a matter of fact, you have had to step in and take over the ship and you've been doing an outstanding job, so I want to commend you on that. This -- my recommendation is not about you. It's not about your ability to lead or what is happening with Global. It's just at this point we got to figure out other options and, you know, at least open up the process. I want to move towards transparency, and that is, you know, when we have these kind of bid waivers that go on for 12 years and, you know, we don't do anything about it, it just sends the wrong message to the public. So I don't want to leave, you know, from the podium not -- you guys have done a great job. And Commissioner Sarnoff, you know, probably is right about the capital improvements, and we can say that about all of our government buildings. We can say that aboutArtime. We can say that about all of them, okay. We know that any public facility, at the end of the day, it's really -- it really doesn't -- it really does not boil down to whether or not it's generating income like that. It really boils down to us providing a great service to our constituents and our people that do business in the City. So I just want to make sure that you don't leave away from the podium and your team leaves here feeling like you have not accomplished anything, because this is the first time that you have been in the black from -- according to the ticket sales and the revenue generated from that, which is great. You've been in the black -- I mean, you've been in the red prior to that. So you should be commended for that improvement, so I want to make sure you know that, okay? Mr. Newhoff. Thank you. Chair Suarez: Commissioner Gort. Commissioner Gort: My understanding, and what I asked every one of you when you come up here, we read the documents, the backup material, but the people that sitting here and people watching are not. Explain. My understanding is the Administration was also going to certain transaction and that's why it was not put out before for RFP. At the same time, when you look at the center, it's two completely different things because you have the Hyatt and you have the bond debt service that we have to provide and all that. So it's -- and what I'd like to get a copy of the whole thing. Okay. Chair Suarez: Thank you. Commissioner Gort: Thank you. Chair Suarez: Commissioner Sarnoff, do you --? Commissioner Sarnoff. No. I understand you have a lease with somebody and in that lease you have obligations. You were able to fulfill an obligation through the use of somebody else's money. Andl think it's a mischaracterization to say you're in the black because you borrowed money or took money from someone else to pay your only obligation. They may not be looking for that money back from you, but I think James L. Knight will come back to us time and time again. Andl think the one thing this Commission's been very good at, especially with an accountant and especially with you, who I consider an accountant almost in and of himself, what does it cost for us to maintain/operate a building -- well, a building that we have a lease obligation, you look at your obligations under the lease. If you look at the obligations that this City undertook way before any of us, those obligations are going to continue, I think, into the year 2069. I may be wrong, but it's a long, long way out there. Andl think you should do a very good analysis on this particular property because I've heard people say, well, let's forget about City of Miami Page 23 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 the bond. Let's forget about the CapEx we have to put in there. Well, I'd like to forget about my mortgage on my home; I'd be very profitable. And I'd like to forged have a car payment and then I'd even be more profitable; yet, those are obligations every person -- well, not every person, but most people in this country take. We'd all love to do away with our mortgage. We'd all like to not have a car obligation. And if we took those things away, we'd all go on better vacations. Well, the problem with the City ofMiami is we're on vacation the way we're analyzing our own buildings and our own revenue sources. And while we don't think roofs get replaced and we don't think windows get replaced and we don't think chiller plants get replaced, any operator of any building in Miami is consistently and persistently looking at that building and analyzing when something is going to fail so that they have a reservoir, a funding source, an amount of money put aside to do these large-scale -- Chair Suarez: Capital improvements. Commissioner Sarnoff.. -- you know, if you will, operational expenses, maintenance. And don't anybody be surprised when your 40-year certification comes up and you find out well, the to make your 40-year cert, you got to put some more money in the building because that's what the South Florida Building Code says, and we're not exempt from that either. Commissioner Spence -Jones: Mr. Chairman. Chair Suarez: Yes, Commissioner Spence -Jones. Commissioner Spence -Jones: We're going to go back and forth on this issue. I think that what's most important now is that we operate in the spirit of transparency and put it out to bid. I don't want to go back and forth on this issue. I just wanted to acknowledge the fact that you guys have shown improvement, and when people show improvement, you should acknowledge that, okay. So we can talk about that on all the City venues. We can talk about that on every single thing that we have. That doesn't mean that then we start selling it all off and getting rid of it because in a minute, then we're not going to have any revenue sources coming, no way to even make no additional revenue to take care of the City. So with that being said, I've -- we have a second, Mr. Chairman -- Chair Suarez: Yes, we have a second. Commissioner Spence -Jones: -- and we have a -- okay. So with that being said -- Chair Suarez: Commissioner Gort's the second. Commissioner Spence -Jones modified and made the motion. It was second by Commissioner Gort. Any further discussion? All in favor, signify by saying iiye. " Commissioner Carollo: Aye. Commissioner Spence -Jones: Aye. Chair Suarez: Aye. Commissioner Sarnoff.. No. Commissioner Gort: Thank you. Mr. Robertson: Thank you. Chair Suarez: Please register Commissioner Sarnoff as a no. The item passes, 4-5 -- 4-1, I'm sorry. City ofMiami Page 24 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 SR.1 11-00857 Honorable Mayor Tomas Regalado END OF PUBLIC HEARINGS ORDINANCES - SECOND READING ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS", MORE PARTICULARLY BY CREATING ARTICLE 5, ENTITLED " CODE RELIEF PROGRAM" FOR THE LEGALIZATION OF EXISTING BUILDINGS; PROVIDING FOR DEFINITIONS; PROVIDING METHODS OF LEGALIZATION OF EXISTING BUILDINGS; ALLOWING FOR MITIGATION OF FINES DUE TO PARTICIPATION IN THE CODE RELIEF PROGRAM; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00857 Legislation SR (Version 2).pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 13304 Direction by Chair Suarez to the Administration to perform an analysis on impact fees for the purpose of incorporating them into the Code Relief Program legislation at a future date. Chair Suarez: SR.1. Barnaby Min: Barnaby Min, Zoning administrator. SR.1 is actually previously proffered by the Mayor as an opportunity to create a Code Relief program to allow properties that do not have as -built permits, showing that the current construction is not legal under today's code to come into compliance. Chair Suarez: Thank you. Mr. Min: There was a -- there's a request by the Administration to make a modification, if acceptable. There is a reference that -- in the title that this is to be limited to residential structures. I believe the Administration is requesting that it apply to all structures, including commercial. Chair Suarez: So -- and unless anybody -- Commissioner Gort: I'll move it. Chair Suarez: -- has any -- It's been moved by Commissioner Gort. Commissioner Spence -Jones: Second for discussion. Chair Suarez: Second for discussion. This is a second reading. It's a public hearing. Let me open it up first to the public. Does anyone from the public like to speak on SR.1? I know there's a gentleman here that came to see me, so he may want to jump in there. [Later...] City of Miami Page 25 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Chair Suarez: Commissioner, do you have a --? Vice Chair Carollo: No. I just -- I'm sorry. I just want to make sure that Francisco Garcia was also here because he's familiar with the -- Chair Suarez: Great. Sir, you're recognized for the record. John Sanchez: John Sanchez, residence address is 428 Southwest 27th Road, in Miami, Florida. This ordinance, I was reviewing it, and like I've expressed to some of the County Commissioners, or to their aides, this should also expand to commercial/residential properties. I say commercial/residential because some of the commercials are -- they have some other units that most likely they state that it's not legalized or some units are not in compliance. So I'm also trying to advise that in some cases some owners, like myself that have purchased these properties, we go and we check the public records, we check the property appraiser, we check -- request a lien letter or a request from the City on regards to how these properties -- if they're in compliance, code violations, if there's any open permits or anything, which, in my two cases, I did. In one case everything looked good, four units and everything. I bought it. Now come to find out, it's a three unit just because the car -- tax card says it's a three unit. We do some research with DERM (Department of Environmental Resources Management) and everything. Everything says it's a four unit. So City and myself as a consumer and as a City ofMiami resident buying these properties, we get to see from the records of the property appraiser which is from the County and from the City do not match. So that's why, you know, I'm here in behalf of this ordinance to pass and to also -- I understand that when we buy these properties, in my -- this case, I try to legalize one of my units. Do it the right way like it's supposed to be done. But now I come to find out, I have to pay an impact fee. Between the plans and the impact fee, I'm going for $25, 000. I want to see if they can give a little leeway to the administrator or whoever for them to make on a case -by -case basis if they can waive it. I understand the City's trying to get revenue, but unfortunately, you know, some of us that did our jobs and did what we were supposed to do shouldn't be penalized. Chair Suarez: Thank you, sir. Coming back to this Commission, is there a motion or discussion? Or was --? Commissioner Gort: I moved it. Commissioner Spence -Jones: Second. Chair Suarez: Was it moved? I'm sorry. It was moved and seconded already. Commissioner Spence -Jones. Commissioner Spence -Jones: I will defer to Commissioner Gort and I'll -- Chair Suarez: Commissioner Gort. Commissioner Gort: I have to tell you, some of our neighborhoods, this is up -- I'm getting a lot of those problems with -- the tax roll from the City is different. The units from the County compared to the units from the City. My home was built I believe in 1932. The barbeque goes into the next lot and it was grandfather in. We got a lot of those buildings here that we finding the difficulties, people buying -- trying to get people to come into our neighborhood to buy and to upgrade all those properties that they purchase and they run into all those problems. That's one of the reasons we putting this together. Chair Suarez: Commissioner Spence -Jones. City ofMiami Page 26 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Spence -Jones: Thank you, Mr. Chairman. I just -- Administration, I just want to ask. I know Francisco was also going to put some additional -- two items on -- because my concern was some of the issues that I was having in my district around the residential multifamily is saying I'm assuming that that's going to be addressed. But wanted to ask Building, what are the costs to the applicants for the -- for this particular process that now that we're putting in place? Yeah, what is the --? Because when I look at the list of all of the items that they would have to come in compliance with, it just seems like it could be a costly venture. Do you have any idea what we're looking at for the --? Mariano Fernandez: Yes. Mariano Fernandez, Building director. Commissioner, as part of the Mayor's approach to the legalizations, what we're going to do is simplify the process; and instead of issuing double permit fees and fines -- Commissioner Spence -Jones: Yes. Mr. Fernandez: -- working to maintain it to the level of a regular permit fee, like they were doing it for the first time. So we're going to try to help every single property owner to come into compliance without the burden of a double fee or additional fines. Johnny Martinez (City Manager): Right. May I add something? Commissioner Spence -Jones: Yes, you may. Chair Suarez: Yes. Mr. Martinez: They're still going to have to pay an architect or an engineer to prepare the plans to bring to them to get into compliance, so that's a cost that needs to be factored in. Commissioner Spence -Jones: Right, so -- and that's -- andl know this is something we have to do, so it's not even an issue of us having to do it, but you know, I just -- part of this -- and when we communicated, it was to kind of at least lift some of the burdens, correct? Mr. Fernandez: That's correct. Commissioner Spence -Jones: It just sounds like it might be adding some more burdens. Mr. Fernandez: No. Commissioner, it's like -- Commissioner Spence -Jones: I just want to be clear. Mr. Fernandez: The owner is going to have an opportunity -- Commissioner Spence -Jones: Yes. Mr. Fernandez: -- like he was going to start building it, anything that is illegal, at no additional cost at this time. So I think it's a win situation for the owners that right now they have a legal construction that does not conform to the laws, because all the departments are going to be working together and make it very easy for them to legalize. There is some things that cannot be legalized, either for life -safety issues or because they really cannot be because of the use be allowed in that area. But anything that can be legalized, the three departments together, we're going to work very close and try to help every single neighbor. Commissioner Spence -Jones: Okay. So my issue and my concern, didl -- I have addressed -- you know, dealing with the current economic climate, I just wanted to make sure that, you know, the applicants, you know, are not going to be now subject to all kinds of fines because of -- I City of Miami Page 27 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 mean, right now people are suffering, so I know that this is something we must do. I just want to make sure that you guys have totally vetted this issue out so that this does not become a problem two years down the line. Mr. Min: Commissioner, Barnaby Min, Zoning administrator. Just to directly answer your question. Commissioner Spence -Jones: Yes, sir. Mr. Min: This proposed ordinance actually helps property owners financially because without the ordinance, they would have to come in and pay twice the permit fee, as Mr. Fernandez indicated. So with this ordinance, they come at half that rate. Additionally, this has a proposed -- for any property owner that's been found in violation by Code Enforcement, it has a -- I guess a graduated scale, if you will, concerning the fines. Commissioner Spence -Jones: Okay. Mr. Min: So there is almost -- there's automatic mitigation concerning the fines as well, which also financially assists the property owner. Commissioner Spence -Jones: Okay, thank you. Victoria Mendez (Assistant City Attorney): And -- Commissioner Spence -Jones: Francisco -- I'm -- Ms. Mendez: Commissioner, I'm sorry. Commissioner Spence -Jones: No problem. Ms. Mendez: Victoria Mendez, Assistant City Attorney. To add to what Mr. Min said also, if it wasn't for this ordinance, chances are they could not come into compliance to begin with on things that were built in other codes because they would have to come into compliance under Miami 21, which has certain restrictions that they might not be able to come into. So this ordinance does actually allow for a lot of things that currently are not available. Chair Suarez: Thank you. Any other member from the public -- you only get one bite at the apple -- wishing to speak on this item? Seeing none, hearing none, the public hearing is closed; coming back to the Commission. Commissioner Carollo, then Commissioner Gort. Commissioner Carollo: Thank you, Mr. Chairman. Two things. One is I would like to see if our Planning director, Francisco Garcia, could address the issue, I believe Mr. Sanchez's issue. Francisco Garcia: Thank you, sir. Mr. Chair and Commissioners, Francisco Garcia, Planning and Zoning director. I'd like to introduce -- and I'm sorry, I stepped in a couple seconds after the presentation had commenced, but I wanted to make certain that two items are clamed. First, there seems to still be legacy language in this ordinance that makes reference to its application only to residential properties. The consensus is -- our intent is -- in our briefing with all the Commissioners, our desire is that that restriction be lifted, done away with, and that this apply universally both to residential and commercial properties. There are again enough building code regulations and enough zoning regulations that will allow us to make certain that no unintended consequences come out as a result of this change. So I wanted to introduce that into the record. Additionally, I wanted to say that we recognize full well that this proposal will not address all the problems that we are experiencing presently. We think on the Planning and Zoning side that there is additional leeway to introduce additional regulations that can provide City of Miami Page 28 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 greater flexibility and we are looking at those very carefully because we think that this package actually addresses a good amount -- I'm not going to actually hazard a guess as to what the amount might be -- but a good amount of the cases that we see out there and will help immediately and that help is needed urgently. We want to propose that you consider this today and approve it today, but our commitment to you is that we will come back very soon with an additional package that will provide greater flexibility especially on the Planning and Zoning side. Chair Suarez: Commissioner Gort. Commissioner Gort: Let me ask you a question. Chair Suarez: You have a follow-up? Wait. I'm sorry. Let him give his follow-up -- Commissioner Carollo: No. Commissioner Gort: No, no. Chair Suarez: -- and then we'll -- go ahead, Commissioner. Commissioner Carollo: Thank you, Mr. Chairman. And the other issue, I think you could say, piggybacks on what Commissioner Spence -Jones was saying, and l just want to be very candid, you know, with our Building director only because, you know, I'm trying to also be pragmatic about this and I'll be honest with you. I speak to a lot of the residents, and pulling permits is something that -- it is a consensus that you shouldn't do because it's a mess, and the truth of the matter is these inspectors come in and they start looking at all kinds of things, they start fishing to see what is wrong. I have also heard from many residents that if you ask three separate Building official what is the correct way of doing something -- in other words, they want to do it the right way -- what is the correct way, they'll get three separate answers. So this is something that -- and I'm being very candid with you, you know, because what I'm hoping for is that we fix some of this perception or if it's actually happening, that we get everyone trained or knowledgeable of all the codes. Andl don't want our residents coming to me and speaking as candid to me as I'm speaking to you and saying, Commissioner, we want to do it the right way, but -- I mean, you know, it's too hard. You know, we tried doing it the hard way, it -- I mean, we tried doing it the right way and it just becomes, you know, a mess, you know, from inspectors, you know, and you get the gist of what I'm saying. So I just want to make sure that we address it now because I think that will prevent many residents from actually using this ordinance and taking advantage of bringing something up to code. Mr. Fernandez: Commissioner, I hear you and, yes, I got the same concerns, and yes, I got the same people talking to me. Unfortunately, I only manage a little portion of the permitting process. I have nojurisdiction over the County officers. I have nojurisdiction on Planning and Zoning issues or Fire issues. But I can guarantee you one thing, if the ordinance passes, all my staff in the Building Department will have the same orders and everything will be done in accordance with what we agree here. Now saying that, the owners need to understand some things too, is that we're not -- the Florida Building Code is issued under the legislation authority of the state ofFlorida and we need to comply with the code, so there are some things that even if I want to help and support the residents, they're out of my hands. And agree with you, every single official in the state ofFlorida has a different approach and different interpretation. Maybe the code shouldn't be so liberal saying that every building official has the right even if, I will say, sometimes in contradiction with the City Attorney, to issue their own interpretations because the Building official is the only one who can make interpretations of the Florida Building Code. But that's the way we have it and that's the way we need to work. But I would like to assure you that this ordinance will pass -- if it passes, will be code compliance and everybody in the Building Department will follow the same rules for everybody that applies for City of Miami Page 29 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 the -- Commissioner Spence -Jones: Mr. Chairman. Chair Suarez: Commissioner Gort. Commissioner Gort: Yes. Chair Suarez: Commissioner Gort, then Commissioner Spence -Jones. Commissioner Gort: The question that have, these are homes that already being built or buildings that already exist. Why do we have to have an impact fee? Mr. Fernandez: Okay, there is two answers to the question. One, if it's an addition, Dade County, not the City, requires the payment of an impact fee. Commissioner Gort: Okay. Mr. Fernandez: The Florida Building Code, effective March 15 of this year, has introduced a new section that requires that every Building official imposes an impact fee on every remodeling. At the, I think, Florida League of Cities, somebody lobbied the Florida Building Commission to introduce as part of the Florida Building Code because they want to be sure that any legalization or remodeling of interiors pay their share on the impact fees of the municipality for schools, traffic, or parks. For example, you have a garage right now and it's declared a garage in a single-family or duplex. There is no additional law to parks, traffic, or anything else. It's only for a single-family. If you convert that into a unit and you're going to have now your in-laws living with you, it's additional cars and additional people; and if you get your sister and the kids, now you got additional park uses. So the Florida Building Code is listening and is trying to help the communities, helping in that sense, but it's up to the City Commission if you don't want to charge impact fees for this ordinance. Commissioner Gort: If that's the County, that's something the people should make them aware now. The one thing -- the most complaints that I get is people go to get a permit, and like I stated before, it's not a list of all the people they have to see, all the documentation they need. My understanding is, they go back and they says, well, you comply with this, but we need this house. In other words, they don't get all the documents of all the papers they have to present. Andl understand the different divisions and different people they got to go to, andl think this is something -- and I'm not an attorney so I'm going to state it as a sportsman. You know, people talk about football rough and all that, but let me tell you, the football team is a very smart team. That quarterback gets together and he says 42. That's all he says, 42 on hike. There's 11 people there. They all have a different type of jobs, but they all know what each other are doing. And if they don't work, they don't do anything. Mr. Fernandez: I try to do it with my team. Commissioner Gort: Because somehow we got to get the communication going not only in your department. I think you guys have improved it quite a bit. I've been told by a lot of the people that we're a lot better than all the other municipalities of at the County, so congratulation on that. But -- Mr. Fernandez: Thank you. Commissioner Gort: -- we got to not only with the Building Department; all our departments. The directors got to be -- make sure that everyone knows what they have to do. Because I hate it when they -- you call someone to ask them a question, well, wait a minute, that's not my -- you City of Miami Page 30 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 got to call so and so. You got to make three, four different phone calls. Thank you. Chair Suarez: Commissioner Spence -Jones. Commissioner Spence -Jones: Yes. I just -- I really just want to piggyback actually off of Commissioner Carollo and Commissioner Gort and that -- just kind of maybe summing it up -- summing some things up on one particular issue on -- definitely, I have heard nothing but positive things that have been coming out of your department under your leadership so I'm glad to see that that's happening. All three of your guys, actually. The only thing that I would like to mention, I think that if we are having three different messages, you know, as Commissioner Carollo has mentioned, we need to begin to also look at what we can do to address, you know, making sure that our people are properly trained, you know, andl don't know if you guys have put anything in place to make sure that that happens. I don't know how often you do trainings to make sure that once we pass legislation -related issues that everybody fully understands what we're trying to accomplish out of it. Is that something that you guys include in your efforts -- because we've had a great turnover on all levels of people going, people leaving, people, you know, being let go, whatever the case may be, so that institutional knowledge that we may have had in all these departments we may not necessarily have now so that means, you know, we have to make sure that people are trained and they are saying, you know, at least the same message. Are we -- I know it's been crazy. It's been hard to train anybody 'cause you're just trying to keep the train going. Have you guys put in place, you know, some sort of monthly or quarterly type trainings for your employees? Mr. Fernandez: We have a mandatory trainings for all the inspectors and plan reviewers in my department -- Commissioner Spence -Jones: Yeah. Mr. Fernandez: -- required by the State. But in addition to that, any new implementation like this ordinance or the special programs that we do from time to time requires special training and we do it as need basis. Commissioner Spence -Jones: Okay, no problem. So probably, if you're doing it, we want to make sure that the other departments are doing it too. Mr. Fernandez: I'm sure the other departments are doing the same thing. Commissioner Spence -Jones: All right. Chair Suarez: Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. Just to add what I was saying, I guess the best analogy I could use is -- and, again, trying to be pragmatic speaking to many of the residents -- whenever they want to do some type of project on their house and they have to pull permits, they feel like they have to roll the dice, like they don't know what's going to happen, they don't know what is said. So they're like rolling a dice. It depends what inspector and so forth. So I just want to use that analogy because thatl think is the feeling that most residents are getting. And to add to that, Mr. Fernandez, I would also like to see if somehow we come simplify the process to obtain a permit. I know we've heard of online, but if somehow we could simpl the process, that I think will go a long ways also. Thank you. Mr. Fernandez: Mr. Chairman and Commissioner. I have to tell you that don't think anybody in the state of Florida has a process, in 24 hours you can pull a building permit, including the Marlin's stadium, and we did it. At the challenge of the Administration and the City Commission, we created a special permit where any contractor can start working 24 hours if so City of Miami Page 31 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 -- the owner so desires. Of course, it has some rules of engagement, but it can be done in 24 hours. Nobody else in the state of Florida, not even in Miami -Dade County, has something similar to that. Chair Suarez: Thank you. Commissioner Carollo: Thank you, Mr. Fernandez. Mr. Min: Mr. Chairman. Chair Suarez: I have a couple of -- before -- do you have, what, amendments or modifications or additions? Mr. Min: I actually just want to make it very clear, an issue that -- Chair Suarez: Sure. Mr. Min: -- Mr. -- Commissioner Gort -- Chair Suarez: Commissioner Gort. Mr. Min: -- had addressed, which Mr. Fernandez had addressed -- Chair Suarez: Go ahead. Mr. Min: -- concerning the County impact fees. Commissioner Carollo: And Mr. Min, can I just do a follow-up? Chair Suarez: Yeah, yeah. Commissioner Carollo: If we actually have that process, then I think we need to mark it because I don't think that -- Chairman Suarez: That's a good point. Commissioner Carollo: -- our residents know that that process is available. Chair Suarez: That's a good point. Commissioner Carollo: So Mr. Fernandez -- Chair Suarez: That's a good point. Need to get it out there. Maybe we could put that as part of the Belief campaign. Believe in Miami; we can get you a permit in 24 hours. Commissioner Carollo: Yes. I want to expand it. If that is true, then I think what we need to do is market that and let our residents know -- Mr. Fernandez: It is part of our web page, and we market it to every single owner that comes and express the concern that they want to start construction immediately. Chair Suarez: But I think he's talking about mass marketing. Commissioner Carollo: Yes. City of Miami Page 32 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Chair Suarez: You have to figure out a way to mass market it because there's not enough peo -- you want to benefit from that. I mean -- Commissioner Carollo: Right. Chair Suarez: -- it's a great thing that you do. Let's make sure that we get the credit for it. Mr. Fernandez: We're going by, Commissioner, what you say before: every single Building official has their own jurisdiction and their own kingdom. And what we do in Miami maybe very progressive and very advanced for some municipalities that want to be more conservative and just go by what they have been doing for the last 50 years. Commissioner Carollo: Right, right. But now that we've changed and we have simplified the process from what, you know, you're stating, what I think -- and Mr. Manager, you know, I'm also addressing you on this. I think that -- I mean, you have to know who your marketing mix is. Your marketing mix is the residents of the City ofMiami, andl would --I'll go on the line and say, I can tell you, the great majority of the residents of the City ofMiami do not know that they can pull a permit and start work within 24 hours. Therefore, I think we need to let them know somehow and reach out, marketing, Channel 77. I'm not sure what the vehicle is. However, I do think that we need to somehow let the word out to our residents that this process has been simplified and how they can pull a permit within 24 hours. Commissioner Spence -Jones: Well, one of the -- Chair Suarez: Thank you, Commissioner. Commissioner Spence -Jones: -- ifI can just add. I'm glad that you mentioned, Mr. Chairman, the issue of the whole Belief campaign. But we have been working along with Johnny, with the Manager's office, and one of the things that we are looking at doing as a part of it is including some sort of campaign that will include door knockers that will go on the residents in each one of our communities in different languages. And it could be "The 10 Facts You Should Know About the City ofMiami, " you know. Just giving them basic information from recycling to how to get a permit, all those kind of things because we take for granted that they know it, but like you said up here, they don't. And when people think about -- Commissioner Carollo: Exactly. Commissioner Spence -Jones: -- the past City ofMiami in dealing with the Building Department, they're like, oh, I don't want to go there. So I think that part of this discussion -- Commissioner Carollo: Exactly. Commissioner Spence -Jones: -- could include, you know, that marketing piece that they're creating citywide. Andl don't see Keith, butt know that we have talked about creating a mailer that actually goes out to all the residents as well just to make sure that they have the key information and maybe that's one of the facts that you should include. Commissioner Carollo: Yeah. Mr. Martinez: And maybe we can have a spot on our Channel 77 -- Commissioner Spence -Jones: Definitely. That's something we can do now. Mr. Martinez: -- free time -- City ofMiami Page 33 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Spence -Jones: Yes. Mr. Martinez: -- that we have on certain stations and stuff like that and get the word out that -- Chair Suarez: That's a great idea. Mr. Martinez: -- to -- Chair Suarez: Let me try to see if -- can I -- Commissioner Gort, do you have anything you want to add? Let me see ifI can wrap this up. First, I wanted to -- 'cause there's a maker and a seconder. The maker, I think, is Commissioner Spence -Jones and -- no. Is it Commissioner Gort? Commissioner Gort: Yes. Chairman Suarez: And the second was Commissioner Spence -Jones? Commissioner Gort: Yes. Chair Suarez: The first question that I would ask the maker is if he would be willing to mod his motion to apply to commercial as well as residential property -- Commissioner Gort: Yes. Chair Suarez: -- because I think that was -- okay. So that's -- he says yes. I have two other requests. One is on the schedule. I think it's great because one of the big problems that we have and it talks about, you know, code enforcement versus compliance and the whole issue of mitigation. I think it's great that, you know, we have this preordained schedule so that it takes out a lot of the subjectivity in the process and people know what they can rely on, and it's a broken system. So to the extent that we're trying to fix it now, I commend you for that. The only concern I have and modification that would ask Commissioner Gort to adopt is that a vast majority of the fines are in the range of zero to 99, and so I would ask that that range be split up into four ranges, four categories, so it would be if the fine is between 1,000 and 2,500, the mitigation would be 1,000 -- I'm sorry; 1,000 and 25,000 -- or zero to 25,000, it would be a 1,000; 25,000 to 50,000, it would be 1,500; 50,000 to 75,000, 2,000; and 75 to 100, 000, 2,500 . And that would help, you know, basically a residence from, you know, most of our districts who are probably going to fall in that range, andl don't think it's fair to charge somebody who has a 2,000 -- you know, a $10, 000 fine the same mitigation of someone who has $100, 000 fine . So I would like if the maker would agree to modin, his motion to include that? Commissioner Gort: I would include it. Chair Suarez: Maker agrees. Commissioner Gort: Second. Chair Suarez: Seconder, do you accept that modification? Commissioner Spence -Jones: Yes, I do. Chair Suarez: The third thing is I would like us to take a look at the impact fee issue and maybe bring it back. This is a second reading, which means that this will be adopted, so we'll have the relief program go into effect immediately so it can start helping people. But I think maybe an analysis can be done on the impact fee issue to see if that may be something that can brought back as another modification to this program if it makes sense 'cause it's hard for us to legislate City of Miami Page 34 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 being up here and understanding the impact that, you know, putting something so broad like that on -- just chucking it on a piece of legislation at the end on second reading, what kind of an impact that's going to have on the City. So I would request that the Administration come back in, I don't know, a month, month and a half, with an analysis of the impact fee. Because in the case ofMr. Sanchez, he -- you know, aside from the whole problem that he had with, you know, whether it's a three Alex or a four Alex, you know, he's had it in the same condition as long as he's owned it and that's over ten years. And so for you to -- for the City to say now that for you to legalize it, you're going to have to impose an impact fee when he's already been -- it's already impacted this community, you know, a long, long time ago and it's potentially legal in its current state is to me, you know, earth shattering, and it goes back to what Commissioner Carollo, who's here, was saying. You know, I feel the same frustration. And Mr. Fernandez andl have sat with constituent after constituent who have come to our office and complained about the fee structure, the fines -- Commissioner Carollo: Absolutely. Chair Suarez: -- getting permits; do you need -- why would you need a permit for something so simple as this and et cetera, et cetera. And the fact of the matter is people like Mr. Sanchez are people who want to comply with the law and who are willing to pay for it, and he's paid to the tune of thousands of dollars to comply with the law. So we have to differentiate those people from the people that don't want to comply, that don't care about the law, you know, and we need to help those that do care and do want to comply and want to do things the right way. So I -- you know, I would just ask that the Administration come back at the some future time with an analysis of the impact fees and whether that can be incorporated somehow intelligently into this legislation. Is there any further discussion? Commissioner -- Commissioner Carollo: The only thingl want to add, I just want to verin, that Mr. Garcia, our Planning director, will be coming back in the near future with additional remedies to some of the issues, including the one for Mr. Sanchez, so I just want to make sure that that is also understood Mr. Garcia: That is certainly our commitment, sir. And I'll just restate for the record that we think that there is a significant amount of space in the Planning and Zoning end of things -- I want to emphasize -- to provide greater flexibility to the benefit of people such as Mr. Sanchez. Commissioner Carollo: Thank you. Chair Suarez: It is -- no further discussion. It is an ordinance, Madam City Attorney, as amended. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, as modified, 5-0. SR.2 ORDINANCE Second Reading 11-00882 Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Building 10/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS/IN GENERAL", MORE PARTICULARLY BY AMENDING SECTIONS 10-4 AND 10-5, IN ORDER TO CHANGE THE SCHEDULE OF FEES, AND WAIVED FEES RELATED TO THE PROCESSING City of Miami Page 35 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 AND ISSUANCE OF BUILDING PERMITS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00882 Summary Form SR 01/26/12.pdf 11-00882 Legislation SR (Version 2).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: SR. 2. Mariano -- Mr. Fernandez, SR.2, Building Department. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, Commissioner, you're recognized. Commissioner Carollo: This is something that I addressed with the City Attorney and the City Clerk. SR.2 in the last Commission meeting came before the board. There was a motion. There was no second. Therefore, it died. It's my understanding, if we have an item and it dies for lack of second, there has been action taken and the ordinance or the resolution dies; therefore, it doesn't come back at the very next meeting. That's a second bite at the apple. I think that if you want to bring it back, you bring it back from the start again and it has to go through first reading and second. So I think that, realistically, this should have never come back to us and it died for lack of second. Chair Suarez: You know, I hear you, Commissioner Carollo, and so what I would recommend -- and by the way, I was going to propose some modifications to it and discuss some modifications to it. Andl know that it's -- since your revenues are better than projected, I know it's not critical that -- Mariano Fernandez (Director, Building): Don't say that. Chair Suarez: -- you do this right now. Mr. Fernandez: Budget director is there. Chair Suarez: So let's -- my recommendation would be, if the City Attorney's okay with it, that we bring it back as a first reading -- Commissioner Carollo: Exactly. Chair Suarez: -- to the next Commission meeting and that in the meantime, that you get with our office so we can get that language that you and I talked about in terms of making sure that this is not a fee increase, et cetera, et cetera. Mr. Fernandez: I'm ready if you want to move it, but -- Chair Suarez: No, no, no. Let's -- Mr. Fernandez: No, no. Mr. Chairman, I accept it. That's no problem. Chair Suarez: Is there a motion to -- there's a motion -- is there a motion needed? Commissioner Gort: Move it. Julie O. Bru (City Attorney): Well, I just wanted to make sure that the City Clerk is going to be okay with the action that you're taking here today and how you're treating this so that she can City of Miami Page 36 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 record this properly, so I'll defer to her. Priscilla A. Thompson (City Clerk): Thank you. Much appreciated. What my discussions have been with the -- with Commissioner Carollo, with the City Attorney's office, and the like is that once it -- an item dies for lack of a second, that item goes away. It is supposed to go away. It can come back as another item in another form or whatever, but what we're discussing right now should go away. However -- andl will now throw the ball back to the CityAttorney's office because we had discussion -- because this item was a first reading ordinance that was adopted. So now we need to be clear that when we finish with this, it kills the first reading ordinance. We -- it just -- it's finished. It's dead. There's nothing else to it. When it comes back, it's a completely different item, not necessary [sic] in form and content, but for our record keeping purposes, a different item. Ms. Bru: I think that Commissioner Carollo is correct when he stated that because there was a movant and there was a failure of a second, based on our own rules, the item had died. However, because there's some confusion about the record, perhaps the best way to clear this up is do the same thing that was done with respect to the surcharge and just do a motion to withdraw and that's clear. And then in the future, I recommend that there would be -- there should be a clear pronouncement of what happened to the item that was before this board after the vote is taken or, you know -- so that we -- that there's no confusion. Commissioner Spence -Jones: (UNINTET,T IGIBT ,F). Chair Suarez: Is there a motion to withdraw? Commissioner Spence -Jones: Motion to withdraw. Commissioner Carollo: Move it. Commissioner Spence -Jones: Discussion, though, real fast. Chair Suarez: Motion by Commissioner Carollo, second by Commissioner Spence -Jones for discussion. Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: The only thing that would want to add -- andl want to thank Commissioner Carollo for catching it. But again, we really got to figure out a way to better work together. If we knew that this was an issue prior to today, because I'm sure we just didn't get up here and discover it was an issue, in our briefings, I'd like to ask our fellow Commissioners, if we see something like this that is an issue, let the Administration know because we could have addressed it in the very beginning of the Commission meeting when we were withdrawing items. Our purpose -- andl want to say this to -- we're a team, okay. We may not always agree. And when y'all do stuff wrong, it's wrong. But reality is we could have communicated this to -- Johnny Martinez (City Manager): Yes. And the Commissioner did communicate -- Commissioner Spence -Jones: So then you, Johnny, should have communicated it first thing this morning so it would not even been -- Mr. Martinez: Well -- Commissioner Spence -Jones: -- an issue -- Mr. Martinez: -- the thing -- Commissioner Spence -Jones: -- that my staff or anybody else would have been working on in the City of Miami Page 37 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 SR.3 back to have answers for. Mr. Martinez: In fairness, the Commissioner did communicate it during our briefing. However, we thought it still needed to be sorted out because I didn't have -- we didn't have a clear answer on what the Commissioner brought out. It wasn't clear until right now where it's being discussed between the Attorney and the City Clerk. Chair Suarez: And he did -- in fairness to the process, he did mention at the beginning, and then we decided that we were going to take it as the item was heard versus doing it at the beginning, which we could have done it like you said, at the beginning. Commissioner Spence -Jones: Yeah, that's all. Because then we go through all of this. Mr. Martinez: I agree. Commissioner Spence -Jones: I'm like sitting here preparing notes and -- Mr. Martinez: I agree. Commissioner Spence -Jones: -- getting ready to speak on the issue that, quite frankly, we're not going to talk about. Chair Suarez: Okay, it's been moved and seconded. Any further discussion? Hearing none, all in favor, signin, by saying iiye. " The Commission (Collectively): Aye. Ms. Thompson: And, Chair, ifI might. We're all here now so we establish on the record when an item, a resolution, ordinance, whatever, comes before you and it dies for lack of a second, that item goes away, okay. We're all clear on that. And what we'll make sure of is that when that happens, we will state on the record the item dies for lack of a second, that's the end of it. Is that all right with you all? Chair Suarez: That's fine. Commissioner Spence -Jones: That's fine. Chair Suarez: What we can do, Madam Clerk, is -- and one of the things that I've been discussing with the Clerk is having a more clear procedure -- Ms. Thompson: Yes. Commissioner Spence -Jones: Yes. Chair Suarez: -- and having our own rules and so that no one can say we're not following our own rules. Ms. Thompson: Correct. Commissioner Spence -Jones: Yes. Chair Suarez: So you know, I think we should incorporate that into our little project. Ms. Thompson: Thank you. ORDINANCE Second Reading City of Miami Page 38 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 11-00987 City Manager's Office FR.1 11-00765 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 53 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STADIUMS AND CONVENTION CENTERS/ IN GENERAL, MORE PARTICULARLY BY AMENDING SECTION 53-1 TO INCREASE THE RATE OF SURCHARGE PAYMENT ON PAID ADMISSIONS, ALLOWING THE SURCHARGE TO APPLY WHERE TICKETED EVENTS OCCUR IN THE PUBLIC RIGHT-OF-WAY, AND PROVIDING FORA CERTAIN PORTION OF THE TICKET SURCHARGE TO BE ALLOCATED SPECIFICALLY TO FUND PARADES, COMMUNITY EVENTS, AND COMMUNITY PROGRAMS, AS APPROVED BY THE COMMISSION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00987 Summary Form 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 WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION," AND CHAPTER 62, ENTITLED "ZONING 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 02/23/12.pdf 11-00765 Legislation (Version 3).pdf Motion by Commissioner Spence -Jones, seconded by Chair Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Noes: 2 - Commissioner(s) Carollo and Suarez Chair Suarez: Let's just keep going then. FR.1 Francisco Garcia: Mr. Chair, Commissioners, Francisco Garcia, Department of Planning and Zoning, director. FR.1 is before you as a proposed amendment to the City code and it seeks to do a number of things. I'd like to cover them very briefly and then certainly answer any questions. The first thing it does is it reconciles some provisions that are contained in the zoning City of Miami Page 39 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 ordinance, Miami 21, with the City code. And to that end, I know in the briefings I've covered that. Those are frankly necessary so we recommend that you approve those, if nothing else. In addition to that and as pertains to the fees that the Planning and Zoning Department charges for its services to the development community, we are seeking to adjust these fees upwardly. This has not been done in the City ofMiami in approximately 15 years. We have been mindful of comparing and understanding what other municipalities charge for their fees and we are very much in keeping with what their fee structure is. And last but not least, I would simply like to say that we are, in our opinion, placing the burden to pay for these services on the community that enjoys their benefit, which is the development community as opposed to the taxpayer generally in the City ofMiami. Commissioner Spence -Jones: So moved. Mr. Garcia: And for that reason, I think it makes sense. Thanks, sir. Chair Suarez: Moved by Commissioner Spence -Jones. Is there a second? Commissioner Sarnoff. Second. Chair Suarez: Second by Commissioner Sarnoff. Any further discussion. Commissioner Spence -Jones: The only thing want to say, Mr. Chairman, I want to commend the Department from the standpoint of trying to figure ways to create revenue to sustain your department, so as many things as we can do to do that, then that decreases our amount that we have to raise to cover the hole that we have for our debt. So I appreciate you guys doing that. I don't know if you actually gave each Commissioner a forecast about how much money the department will now be at least earning, which definitely helps us cut down the -- Mr. Garcia: We have provided that, and we have that information available to go over it in more detail if you so choose, but we're -- Commissioner Spence -Jones: If you could just put on the record an estimated amount that you -- if -- based upon the history of the department, what you're forecasting the additional revenue that will come into the department. I think it's important for them to know that as well. Mr. Garcia: Yes, ma'am. And I'll simply state it and then, again, I'll follow up with any questions you may have. The budget, the operational and payroll budget for the Department of Planning & Zoning at present is exactly 3,377,000 as budgeted for this fiscal year. The projected additional revenue derived from this fee increase will be a 50 -- I'm sorry; $551, 000 approximately. And so, quite frankly, we're still not quite there at 100 percent at being a self funded department, but this at least -- it gets us closer to the mark. What we don't want to do is we don't want to create a disincentive for the development community to come in and avail themselves of our services frequently and so we think that this is a nice middle position to at least come in at for now. Commissioner Spence -Jones: Right. And l just want to add, Mr. Chairman, these are the kind of things that we need all the directors, Mr. and Ms. City Manager, to take this kind of approach in figuring out creative ways that we can help reduce the debt, you know. We're -- you know, we're a couple of months away from figuring out what are we going to do to address this $22 million hole, okay, and then at the end of the day we're going to be scurrying trying to figure out what do we do. Andl think that when departments start thinking on this level, what are the other creative things that we can do to address it, this just the right thing to do. So I want to commend you for at least coming up with a avenue to help us reduce that nut. City ofMiami Page 40 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Mr. Garcia: Thank you, ma'am Chair Suarez: Madam Attorney, it's an ordinance. Priscilla A. Thompson (City Clerk): Sir, we need to have a public hearing. Chair Suarez: Oh, I'm sorry. The hearing is now open on FR.1. Public hearing is now opened on FR.1. Anyone from the public wishing to speak on FR.1? Hearing none, seeing none, the public hearing is closed; coming back to the Commission. It's an ordinance. Victoria Mendez (Assistant City Attorney): Mr. Chair, just to be clear, for second reading there are certain changes on renumbering that's going to occur and some statutory changes. I just want the Commission to be clear that it'll just be a couple changes. Chair Suarez: It's fine with me. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Ms. Thompson: Roll call. Commissioner Carollo? Commissioner Carollo: No on first reading. Ms. Thompson: Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: Vice Chairman Sarnoff? Commissioner Sarnoff. Yes. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Chair Suarez? Chair Suarez: No. Ms. Thompson: The ordinance has been pass -- I'm sorry. The ordinance has been passed on first reading, 3-2. Thank you. FR.2 ORDINANCE First Reading 12-00030 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Facilities 2/ARTICLE IX OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/CITY-OWNED PROPERTY, MORE PARTICULARLY BY CREATING SECTION 2-779, ENTITLED "SIGNS ON CITY -OWNED PROPERTY," TO PERMIT THE PLACEMENT OF OUTDOOR ADVERTISING ON CITY OF MIAMI OWNED PROPERTY, SUBJECT TO THE APPROVAL OF THE CITY MANAGER AND THE DIRECTOR OF PLANNING; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 41 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 12-00030 Summary Form.pdf 12-00030 Legislation.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 END OF ORDINANCES - FIRST READINGS RESOLUTIONS RE.1 RESOLUTION 11-01218 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Purchasing ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS NO. 270254, THAT THE TOP -RANKED FIRM FOR GROUP 1 TO PROVIDE ON -SITE AUCTION SERVICES IS FISHER AUCTION CO., INC., AND THAT THE TOP -RANKED FIRM FOR GROUP 2 TO PROVIDE INTERNET AUCTION SERVICES IS RENE' BATES AUCTIONEERS, INC., FOR THE AUCTION OF ITEMS, INCLUDING, BUT NOT LIMITED TO SURPLUS, CONFISCATED OR FOUND ITEMS AS STATED HEREIN; AUTHORIZING THE CITY MANAGER, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID FIRMS, FORA PERIOD OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS, SUBJECT TO THE TERMS AND CONDITIONS STATED IN SAID AGREEMENT. FURTHERMORE, NOTWITHSTANDING THE LANGUAGE IN SECTION 18-86 (C) OF THE CITY CODE, THE AFOREMENTIONED OPTIONS TO RENEW SHALL BE EXERCISABLE AT THE OPTION OF THE CITY COMMISSION IF IT IS IN THE BEST INTEREST OF THE CITY. 11-01218 Summary Form.pdf 11-01218 Letter - Recommendation Eval.Cmmte.pdf 11-01218 Memo - Selection Eval. Cmmte.pdf 11-01218 Master Evaluation Forms.pdf 11-01218 Evaluation Forms.pdf 11-01218 Legislation.pdf 11-01218 Exhibit SUB.pdf Motion by Commissioner Carollo, 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-12-0036 Chair Suarez: RE.1. Kenneth Robertson: Good morning, Commissioners. Kenneth Robertson, Purchasing director. RE.1 is a resolution of the Miami City Commission approving the findings of the Evaluation Committee, pursuant to request for proposals 270254, that the top -ranked firm for group 1, City of Miami Page 42 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 on -site auction services, is Fisher Auction Company, and that the top -ranked firm for group 2 for Internet auction services is Rene' Bates Auctioneers; authorizing the Manager to negotiate and execute two professional services agreements for a period of three years, with the option to renew for three additional one-year periods. Chair Suarez: Thank you. Coming back to the Commission, is there a motion? Commissioner Carollo: Move it. Chair Suarez: Moved by Commissioner Carollo. Is there a second? Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. Any further discussion? Commissioner Carollo, you're recognized for the record. Commissioner Carollo: Yes. I want to verf, in the additional years -- I'm sorry. I usually look this up -- who approves the additional years? Would it come back to this Commission or is it at the discretion of the Manager? Mr. Robertson: Per our code, the City Manager has the authority to renew contracts. Commissioner Carollo: I would then make a friendly amendment that any renewals come back to this Commission. Chair Suarez: There's been an amendment proffered by the maker of the motion. Does the seconder accept? Commissioner Spence -Jones: Yes, I do. Chair Suarez: Seconder accepts. Any further discussion? Hearing none, all in favor, signify by saying iiye. " The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. RE (Resolution) -- Commissioner Carollo: As amended. Chair Suarez: As amended. RE.2 RESOLUTION 11-01217 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Administration CITY MANAGER TO NEGOTIATE AND TO EXECUTE, AFTER CONSULTATION WITH THE CITY ATTORNEY, SERVICE AUTHORIZATION LETTERS, INTERLOCALAGREEMENTS, PROFESSIONAL SERVICES AGREEMENTS, AND AMENDMENTS, EXTENSIONS AND MODIFICATIONS, AS APPLICABLE, IN COMPLIANCE WITH THE RELATED FORM OF THE CHILDREN'S TRUST CONTRACT, RESPECTIVELY, WITH THE FOLLOWING DESIGNATED SERVICE PROVIDERS: (A) CHOICES ET AL, INC., A FOR -PROFIT CORPORATION, IN AN AMOUNT NOT TO EXCEED $7,920, (B) THE SCHOOL BOARD OF MIAMI-DADE COUNTY, IN AN AMOUNT NOT TO EXCEED $522,861.42, AND (C) THE CLERK OF THE COURT OF THE City of Miami Page 43 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 ELEVENTH JUDICIAL COURT, IN AN AMOUNT NOT TO EXCEED $3,164.25, EACH FOR A PERIOD COMMENCING NOVEMBER 1, 2011 THROUGH JULY 31, 2012, WITH THE OPTIONS TO RENEW FOR UP TO TWO (2) ADDITIONAL SIMILAR PERIODS, AT THE SAME NOT TO EXCEED AMOUNTS, UNDER THE SAME TERMS AND CONDITIONS. 11-01217 Summary Form.pdf 11-01217 Email - Continuing Srvc. Auth. - Contract #1110-1440.pdf 11-01217 Collaboration Contract #1103-1930.pdf 11-01217 Email - Year 2 Funding Reco.pdf 11-01217 The Children's Trust - Resolution 2012-06.pdf 11-01217 Legislation (Version 3).pdf 11-01217 Exhibit 1.pdf 11-01217-Submittal-Memo-Office of Grants Admin.-Original and Revised Rersolution and Updates Motion by Commissioner Spence -Jones, seconded by Vice Chair Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo Note for the Record: Item RE.2 was deferred to the Commission Meeting scheduled for February 9, 2012. Chair Suarez: RE.2. Thank you. Lillian Blondet (Interim Director): Good morning. Lillian Blondet, Office of Grants Administration. This resolution is a continuation of a grant that was accepted by the Commission in December from the Children's Trust to implement the truancy program. In this resolution we are allocating the funding to the providers of the services. I have asked the program director to join us today so she can give us a little bit of information on the outcomes and the accomplishments of this grant, as requested. Chair Suarez: The deliverables that I think -- Ms. Blondet: The deliverables -- Chair Suarez: -- Commissioner Sarnoff was concerned about. Ms. Blondet: -- as requested, so let me go and see where she is. Maria Hernandez: Good morning, Commissioners. My name is Maria Hernandez and I'm with Miami -Dade County Public Schools. I'm here to present on the Miami partnership with the truancy reduction plan, truancy court program. And basically we service 12,000 students in 15 schools, and our ultimate goal is that our students are able to acquire the necessary skills that they can compete in the global economy. If they don't go to school, any absenteeism can result in them not being able to compete and become a -- students that are -- or adults that are going to become in need of government assistance and other functions. Our service partnership partners are, of course, the City ofMiami, Miami -Dade County Public Schools, Miami -Dade Schools Police, Department of Juvenile Justice, Department of Children and Family [sic], Eleventh Judicial Circuit Court, Administrative Office of the Court, Clerk of the Court, and the multiple community -based organizations that you see the logos. Our ultimate goal is to increase the rate of attendance, and we know that there's a direct correlation between students attending school on a daily basis and increasing academic success, and also our hope is that the graduation rate as well increases and those are some of the steps that we've had. Seventy-five percent of the children who will attend school regularly after enrollment, so once we have intervened and we City ofMiami Page 44 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 have started services with the family, we should see, 75 percent of that population of students, a reduction in their absenteeism and we utilize student attendance records for that. Some of the causes for the absenteeism is parent lack of knowledge regarding attendance policies. I would say that's one of the biggest causes. Criminal activity, lack of academic motivation, single parent home, substance abuse, low self-esteem, fear of the teacher, child abuse, victim of bullying, domestic violence. These are just many of the causes that we have seen when we meet with families. Our model is a response to intervention. Basically, we address everybody at the school site. Nobody is omitted. Our goal at the beginning of each school year and the summer, we identify all the students that had a history of truancy and we start targeting those families in the summer and meeting with those families to find out if there's any obstacle that could prevent their child to start on the first day of school. It could be as simple as not having a school uniform. And if it's something as simple as that, we link them immediately to services so that there is no miss -- they don't miss a beat as far as starting school on the first day. Any student that acquires any absence of any kind we immediately intervene. I used the example at the last meeting, if we have a student that missed one day of school and we find out that there was a death in the family, we're going to immediately link them to services for bereavement counseling. We don't want that family crisis to become an obstacle for that child and because they weren't linked to services, they weren't able to continue to go to school on a regular basis. And we have escalating services. We start with our first truancy child study team meeting, and if the child continues to miss school after that point, we move on to a second level meeting for a truancy child study team and we have more parties involved. We have more community -based organizations, more players on board to meet with the family, and it is centered around the family's specific needs. We don't want to dictate to the family what it is that they need to do. We want to make sure that what we're offering them are viable options that they can become self-sufficient and be able to do well. If the family continues to have an additional five unexcused absences after our second level meeting, we have what's called a level three meeting, and that is the last meeting. Usually, I would say less than 5 percent of our students even reach this meeting. Our goal is to have no student attend not even the first meeting and that's why we're in the response to intervention. If and which the student after the last meeting, the level three meeting, still continues to accrue additional absences, community agencies have been involved with the families. They're just as frustrated because the family's not accessing counseling, andl would say this is less than 1 percent. In the five years that we've been with the program, we've only had one case go to truancy court. Then the superintendent of schools can file a petition for the child to go to truancy court. I need to clam that truancy court is not part of the Juvenile Justice System as far as delinquency or as far as dependency. Students that are dependent are the students that were taken away from their parents or being supervised by the Department of Children and Family [sic] for abuse, neglect, and abandonment. And the students in the juvenile delinquency sector of the court, they have open delinquency cases. This is a very unique system. The judge almost acts like a social worker behind the bench. The goal is to empower the family and advocate for the family so that they can get the necessary skills to be able to be self-sufficient again and get the student back to school. And would you like to continue with the pro --? Ms. Blondet: Up to the Commission. Chair Suarez: No. Ms. Blondet: You can read the resolution or if there's any questions. Chair Suarez: You know, is there any further -- is the presentation any longer? Is there anything left on the presentation? Ms. Blondet: I think -- Ms. Hernandez: Unless you have additional questions. City of Miami Page 45 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Chair Suarez: Is there any more slides or is this the last slide? Ms. Hernandez: No, there's a couple more slides. Chair Suarez: I mean, why don't you just finish the couple slides and then we'll bring it back to the Commission for discussion and vote. Ms. Hernandez: Okay. And these are basically the expenses, the operating expenses of the program. The in -kind contributions by Miami -Dade County Public Schools is $162, 688. The Eleventh Judicial Circuit Court is $30, 000. The cost for the Clerk of the Court will be $3,164; the family conferencing decision making, $7,920. And one of the things I did want to share with you, if we were to put together the in -kind with the actual cost of the grant, it's about $73 per student, what your return on investment is for addressing all the students in that community. Chair Suarez: Thank you. Coming back to this Commission, is there a motion or discussion? Commissioner Gort: Move it. Chair Suarez: Moved by Commissioner Gort. Is there a second? Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. Any discussion? Commissioner Carollo: Mr. Chairman. Chair Suarez: Commissioner Carollo, you're recognized for the record. Commissioner Carollo: The only thing that I need to put for the record in line with, you know, being accountable, you know -- andl know this has been mentioned in the past with regards to the liability. I mean, we're -- the City ofMiami, in essence, is acting as a flow -through. I mean, in all fairness, we're receiving funding and giving it right to Miami -Dade County school system and they're operating everything, but if -- and we've seen in the past if by any chance some rule isn't followed, whether, you know, done inadvertently or not, the bottom line is that those fundings [sic] need to be repaid and the City ofMiami will then be liable to repay those funding. Is there any way we can mitigate that or is there any way that we could also pass that liability to the School Board, have them sign something? Ms. Blondet: We have a contract with them for the services and that's what the agreement that we're approving here today, and it passes all the responsibilities that we have with the Children's Trust to the providers, not only the School Board. We would -- we -- if we want to continue having this program in the City, we have to be the funder and the recipient of the grant because otherwise, the money will be -- Commissioner Carollo: I don't have a problem with that. The only thing is does that contract say that if the School Board for some reason administers those fundings [sic] incorrectly, they would then be responsible to pay that portion back to the Children's Trust? Ms. Blondet: They would be -- the Chil -- we pay the School Board on reimbursement basis, which is the same way we get reimbursed by the School Board. So like with any grant, we would be the one having to go to the School Board if the Children's Trust determines or an audit determines that we have used any fundings [sic] inappropriately. Commissioner Carollo: Okay. So if the Children's Trust determines that funding has been used City ofMiami Page 46 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 inappropriately, then why do we have to be liable? Why couldn't we go to the School Board and have it in that contract that if they -- because they're the ones who are providing the services, they're the ones who are administering this -- I don't know if administering is the right terminology. But the bottom line is they're the ones who are running with this program and making the decisions. Why then wouldn't we have some clause in our interlocal agreement with them, in our contract that says if there would be an error and the Children's Trust in their determination does not believe that this was an adequate way of spending these funds, then the School Board will pay that funding back instead of City ofMiami. Ms. Blondet: I believe the contract states something like that, but like with any other grant contract, the contracts between the City and the Children's Trust, so it would be our responsibility -- the City's responsibility -- Vice Chair Sarnofff. No, no, no. Ms. Blondet: -- to go to the provider and -- Commissioner Sarnoff.. He -- what he's asking for a hold harmless and indemnity agreement from the School Board indemnfing the City ofMiami. In the event the Children's Trust determines it's an ineligible expense and we bear it, he wants the School Board to reimburse the City. Commissioner Carollo: Exactly. Ms. Blondet: I would defer to -- Commissioner Sarnoff.. I apologize for interjecting. Commissioner Carollo: No, no. And -- Ms. Blondet: -- the Legal Department to make sure that those terms or to see if they can be included in the contracts -- Commissioner Carollo: -- I appreciate that -- Ms. Blondet: -- with the providers. Commissioner Carollo: -- Commissioner Sarnoff 'cause that's exactly what I meant. I just -- I'm sorry; I don't know the legal terminology because I'm not an attorney -- Vice Chair Sarnofff. And you'll help -- Commissioner Carollo: -- but that's exactly -- Commissioner Sarnoff.. -- me with CPA (Certified Public Accountant) terminology. Commissioner Carollo: -- what I meant. Chair Suarez: Maybe what we should do is table this, let the City Attorney look through the contract and see if there's any language to that effect. Are you aware of any language to that effect in the contract or would -- Julie O. Bru (City Attorney): Okay. Chair Suarez: -- you ready to answer that question? City ofMiami Page 47 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Ms. Bru: Well, I know that there were additional documents that were provided. I mean, I'm just looking at them today for the first time, quite honestly, because this item was a substitute. I do know that between the City and the Trust there's an agreement and those responsibilities are expressed in that agreement, and the City is responsible as the entity that is overseeing the disbursement of the money to the Trust. To what extent then we can protect ourselves, vis-a-vis the other three entities -- 'cause there's three other entities with whom we're going to enter into agreements with to provide the services: a for -profit entity, right, a private -- Ms. Blondet: That's correct. Ms. Bru: -- for profit entity, the School Board, and the Eleventh Circuit judicial district. So that agreement then will have to have language that would allow the City to protect itself, vis-a-vis any liability that we incur to the Trust. We can take a look at it if you want to table this andl can show you then where in that -- if -- Lillian, do we have the actual form of the agreement? Because I was told we were still working that out. Ms. Blondet: We do have it. We do have it. Ms. Bru: Is it in the substitute package? Ms. Blondet: No, not in the substitute package. Ms. Bru: Well -- Ms. Blondet: We just got it like two days ago. Ms. Bru: Okay. Ms. Blondet: So we have the draft, which it's very similar, but we can look at the one that was just approved by the Trust. Chair Suarez: Okay, Commissioner Carollo. Commissioner Carollo: Mr. Chairman, if we could table this because -- Chair Suarez: Sure. Commissioner Carollo: You know, since there are other parties involved, however, the one who bears the risk and the one who's going to have to pay out is the City ofMiami. You know, in a true partnership, then everyone, you know, bears some of the risk. Andl would like to table this and discuss it then in the afternoon. Chair Suarez: Table it till the afternoon. Ms. Blondet: Okay. Commissioner Carollo: Thank you. [Later..] Chair Suarez: Moving along. I'd like to take up RE.2, if we can get RE.2 done, which was just basically a tabled item. The item --I think what was missing was we needed from the City Attorney some clarification as to whether there was any sort of indemnification language in the sub -participant agreements. City ofMiami Page 48 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Spence -Jones: RE.2? Chair Suarez: Yeah, RE. 2 and then we'll go to DI4. Ms. Bru: Mr. Chairman, during the break, I obtained some documents. And again, we have not finalized the final form of the agreements, but working off of the form of the agreements that we had in place last year for the administration of the same grant, there are various provisions in the agreement between the City and the Trust that protects the City, you know, between the City and the Trust. And then the agreements that will be entered into between the City and the School Board and the 11 th Judicial Circuit and the other provider will equally have provisions for making sure that those providers comply with all the requirements of the grant. You know, as with the School Board and the 11 th Judicial Circuit, it's another governmental entity so they're not going to indemnify us for our own negligence, but they will -- we'll have reciprocal indemnifications, you know, where we will be, you know, responsible for our own negligence. So generally speaking, you know, ultimately, this is the City's agreement and the City administers it, but I think there will be sufficient protections in here in all these agreements. Chair Suarez: Thank you, Madam Attorney. Coming back to this Commission, is there a motion? Ms. Thompson: There is -- Commissioner Gort: Move it. Ms. Thompson: I'm sorry. Vice Chair Sarnoff. I'm sorry. I didn't -- I don't mean to be dense, but I didn't quite get what you said. There is or is not indemnity agreements in there? Ms. Bru: There are your typical indemnity agreements between governmental entities based on 768, you know. We cannot indemn -- you know, they cannot indemnin, us for our own negligence. Vice Chair Sarnoff. But we can seek reimbursement for them if it's determined the fault of -- Ms. Bru: Right. Vice Chair Sarnoff. -- the finding that we were somehow out of compliance was the grantor -- Ms. Bru: Well -- Vice Chair Sarnoff. -- the grantee, excuse me. Ms. Bru: -- the form agreements that have seen don't have specific language that would authorize the City to seek indemnity from a provider in the event that the City is determined by the Trust to have been, you know, violating the grant conditions. No. There isn't any specific -- and these are the forms thatl have been given. These agreements are not final. What their -- what I was given to review during the break are the forms that we're working off of from last year. But there are contractual provisions in the agreements that the City will be entered into with the providers, the ones that we're passing the money through, that require that the providers comply with all the conditions of the grant agreement. So they are -- they're undertaking an affirmative obligation to comply with the grant requirements. Vice Chair Sarnoff. Okay, and so would you then enforce that grant language? City of Miami Page 49 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Ms. Bru: We would have to enforce it through a breach of contract -- Vice Chair Sarnoff Right. Ms. Bru: -- and seeking damages. But there is no expressed indemnification language in the agreements. Vice Chair Sarnoff And so is it your position we can't put it in there or it's just not standard? Ms. Bru: No. My position is is that I've been given these documents based on what has been negotiated last year. I don't know whether as a matter of negotiation the providers will agree to that kind of language. Lillian will have to answer that. I'm not involved in negotiating with the providers. Vice Chair Sarnoff You know, here's -- let me just say my issue with this. You know, my concern is that whenever we go outside of what we do well -- of course then I have to figure out what do we do well -- auditors probably is not one of them. But when we go outside the purview of what we do well -- I mean, I've been here when we've had to pay back HUD (Department of Housing and Urban Development) money before and a lot of it. And this is not in the purview of something we've done before, but not that we shouldn't do it because it's a laudable goal. But I'm just curious if somebody doesn't fulfill an obligation to us which we had no power to help with, why is it that we can't get indemnification from that person? Why do we subject the general fund to the laxities or alacrities, if you will, of another governmental entity or even private entity that we're being the main grantor for -- grantee for? Why do we subject the general fund to that? Chair Suarez: Is that a rhetorical question? Vice Chair Sarnoff It is because I'm looking up when I say it andl realize you're not going to answer me. Chair Suarez: I'm not going to answer it. Commissioner Spence -Jones: Mr. Chairman, is this an item then -- it seems like the Administration still needs to kind of work on this issue. Chair Suarez: We can table it again and go with the PZs (Planning and Zoning) and get the PZs out of the way. Ms. Bru: Well, I can make a suggestion, you know. Chair Suarez: Sure. Commissioner Spence -Jones: Can we defer it to the next meeting? Ms. Bru: We can defer it or you can instruct us that, you know -- I don't know if there's a critical time issue here with this agreement. Is there an issue? Can it come back when we really have the final form prepared or --? Ms. Blondet: I mean, we would have to work with the Legal Department on that because usually what happens is the contract with the providers is very, very similar than the one we have with the Trust because we pass all the responsibilities -- Commissioner Spence -Jones: Yeah, I just -- City of Miami Page 50 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Ms. Blondet: -- and all the requirements to the providers. So all those responsibilities are passed. Commissioner Spence -Jones: I think, Lillian and Madam City Attorney, that this is an item that needs to be further hammered out. I would -- Chairman, I would love to just go 'head and defer this item -- Chair Suarez: Yeah. Commissioner Spence -Jones: -- to the next meeting. Chair Suarez: We have to. Commissioner Spence -Jones: I just -- it doesn't make sense for -- we dealt with this earlier, and I don't know how much progress we've made in six hours, but at this point, I think we need to defer the item so that you come back with, you know, all of the information you need, Lillian. Chair Suarez: Commissioner Gort, do you withdraw your motion? Commissioner Gort: Yes. Ms. Bru: So we'll bring it back -- Chair Suarez: Commissioner Spence -Jones, do you withdraw your second? Commissioner Spence -Jones: Yes. Ms. Bru: We'll bring it back -- Chair Suarez: Is there a motion to --? Ms. Bru: -- in substantially the final form then -- Chair Suarez: Yes. Ms. Bru: -- as we -- as is preferable to do with all agreements. Chair Suarez: Is there a motion to defer? Alice Bravo (Assistant City Manager): May I ask --? Commissioner Spence -Jones: So moved. Chair Suarez: Moved by -- Vice Chair Sarnofff. Second. Chair Suarez: -- Commissioner Spence -Jones, second by Commissioner -- Vice Chairman Sarnoff. Ms. Bravo, you're recognized. Ms. Bravo: Have we heard from all Commissioners all the concerns regarding the agreement language so that --? Chair Suarez: I think you can talk to them. City of Miami Page 51 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Spence -Jones: Right. Ms. Bravo: Okay. Commissioner Spence -Jones: So the only thing that would recommend is that you make your rounds with the Commissioners so that we at least have it -- you have the information and then give it to the City Attorney. Ms. Bravo: Okay. Commissioner Spence -Jones: All right? Chair Suarez: There's a -- Commissioner Spence -Jones: I know -- Chair Suarez: -- motion and a second. Commissioner Spence -Jones: -- you're trying to get it done, but it's -- Ms. Blondet: No. This will have to go to the School Board, so they would have to delay their recommendation too, so the implementation of the program is delayed -- Commissioner Spence -Jones: I know, but right now you don't have the votes. Ms. Blondet: -- so that's fine. Yeah, I know. I understand. Chair Suarez: There's the motion and a second. All in favor, signift by saying "aye. " The Commission (Collectively): Aye. Ms. Thompson: And I'm sorry, Chair. I just need a date. When do you want this --? Chair Suarez: To the next meeting -- Ms. Blondet: To the next meeting? Chair Suarez: -- I would think, right? Commissioner Spence -Jones: That's fine. Ms. Thompson: February 9. Commissioner Spence -Jones: Lillian, does that give you time? Ms. Blondet: That's fine. Yeah, that's fine. We'll work with Robin. Chair Suarez: Then that's a deferral, so deferral, okay, to the next meeting. That was a unanimous vote on the deferral. Ms. Bru: Well, hold on a second. If it's going to be on the next meeting, that means that this has to be finalized tomorrow. Are we being realistic 'cause it goes to print. Ms. Blondet: Well, the contract has to be -- the provider's contract is prepared by the Legal City of Miami Page 52 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Department. Ms. Bru: Okay, does it have to be reviewed by the other three parties? Chair Suarez: Right, but wait a second. Madam Attorney, hold on one second because we get caught up with this thing it has to go to print by tomorrow. Our deadline is for Commissioners to receive information five days prior to a Commission meeting. That's next Wednesday. So that gives us tomorrow, Saturday, Sunday, Monday, Tuesday and Wednesday. Ms. Bru: But my question is, does this have to go --? If we change anything -from the form that was prepared by the School Board and the 11 th Judicial Circuit, does it have to go back to them for them to say, okay? Does it? Ms. Blondet: Well, we prepared the contract and then it goes to them for review. If it's something that's probably different or -- then what we usually require -- then we're going to require that they have to pay us back, which is language that wasn't included there. I would imagine that that's -- Ms. Bru: Okay, well -- Ms. Blondet: -- has to be negotiated with all the parties. Ms. Bru: All right. Ms. Blondet: But usually there's indemnification and there's hold harmless and insurance requirements in the contract. And with the Children's Trust they're reimbursable so normally you know when something is not going to be paid right away if that happens. Ms. Bravo: Well, for now we can say deferred to February 9. And if not on February 9, we'll defer it to the following Commission meeting if -- Chair Suarez: Okay. Ms. Bravo: -- we still need additional time. Commissioner Spence -Jones: Thank you. Chair Suarez: The deferral is to February 9. It's been moved and second. And all in favor, signify by saying "aye." The Commission (Collectively): Aye. Chair Suarez: Motion for deferral of RE.2 passes unanimously. RE.3 RESOLUTION 11-01222 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ADDING THE NORTH BROWARD HOSPITAL DISTRICT, D/B/A BROWARD HEALTH, AS A PARTICIPATING AGENCY IN THE MIAMI URBAN AREA SECURITY INITIATIVE ("UASI") GRANT FISCAL YEAR 2008, PURSUANT TO RESOLUTION NO. 09-0413, ADOPTED SEPTEMBER 10, 2009, FOR THE PURPOSE OF REGIONAL TRAINING PURSUANT TO UASI GUIDELINES; AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED City of Miami Page 53 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 FORM, SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE FISCAL YEAR 2008 UASI PROJECT ADMINISTERED BY THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED $25,495; ALLOCATING FUNDS FROM PTAEO NUMBER P-18-180018-T-08.05.03-A-1660-E-PROFESSIONAL SERVICES-O-181000. 11-01222 Summary Form.pdf 11-01222 Federally - Funded SubgrantAgmt..pdf 11-01222 Contractual Forms & Requirements.pdf 11-01222 Pre-Legislation.pdf 11-01222 Legislation.pdf 11-01222 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0037 Chair Suarez: RE.3. Chief you're the next contestant. Deputy Chief Reginald Duren (Fire): Deputy Chief Reggie Duren. RE.3 is a resolution to add North Broward Hospital District as a participating agency to resolution number 09-0413, adopted September 10, 2009, in the Urban Area [sic] Security Initiative Grant program fiscal year 2008; and authorizing the City Manager to execute a memorandum of agreement with North Broward District Hospital in an amount not to exceed $25,495. Chair Suarez: Thank you. Coming back to this Commission, is there a motion? Commissioner Gort: Move it for discussion. Chair Suarez: Moved by Commissioner Gort. Is there a second? Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. Commissioner Gort, you're recognized. Commissioner Gort: Why Broward and not Jackson? Deputy Chief Duren: Excuse me? Commissioner Gort: Why Broward and not Jackson. Deputy Chief Duren: Because it's a regional grant, sir. So we work along with Palm Beach, Broward, as well as Monroe counties. Commissioner Gort: So that's for the participants that live in Broward County can utilize that or Deputy Chief Duren: Yes. In fact, you can still -- hospitals from here and Dade County can also go there and use this training as well. Chair Suarez: Yeah. And let me just -- before bringing it back for a vote, let me just say that this is not too much different from the item that we just looked at where the City is a pass -through in essence. And in some cases -- andl get the UASI (Urban Areas Security Initiative) one confused City of Miami Page 54 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 with USAR (Urban Search and Rescue), which is the one that we're behind a little bit and we've done a lot better in collecting and then we decided not to front money at -- I don't know if it's UASI or if it's USAR. Deputy Chief Duren: Right. Chair Suarez: It is UASI? Deputy Chief Duren: It is UASI. Chair Suarez: Okay. So, you know, to talk about liability, we've actually incurred liability on a program like this, but what we're -- what I want us to be clear about is we can also minimize the benefit, you know. I mean, as a pass -through agency, we have the benefit of controlling how, you know, these dollars to a certain extent are -- right now we're voting on whether we include someone or not include them in the grant. So you know, I think we have a responsibility, as the Commissioner said, to make sure that we are protected to the maximum extent as possible, but let's not lose sight of the benefit that we have from being a pass -through on some of these programs. The truancy numbers, you know, I don't know if those are sufficient deliverables for the Commissioner, but to me they have some significance, you know. So I just wanted to put that for the record. Any further discussion? Hearing none, all in favor, signify by saying aye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. RE.4 RESOLUTION 11-01224 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) Fire -Rescue ADDING PALM BEACH COUNTY AS A PARTICIPATING AGENCY IN THE MIAMI URBAN AREA SECURITY INITIATIVE ("UASI") GRANT FISCAL YEAR 2008, PURSUANT TO RESOLUTION NO. 09-0413, ADOPTED SEPTEMBER 10, 2009, FOR THE PURPOSE OF REGIONAL TRAINING PURSUANT TO UASI GUIDELINES; AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED $42, 553; ALLOCATING FUNDS FROM PTAEO NUMBER P-18-180018-T-08.05-03-A-1660-E-PROFESSIONAL SERVICES-O-181000. 11-01224 Summary Form.pdf 11-01224 Federally - Funded SubgrantAgrmt.pdf 11-01224 Contractual Forms & Requirements.pdf 11-01224 Pre-Legislation.pdf 11-01224 Legislation.pdf 11-01224 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0038 City of Miami Page 55 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 RE.5 12-00019 Deputy Chief Reginald Duren (Fire): Yes. RE.4 is a resolution to add Palm Beach County as a participating agency to resolution number 09-0413, adopted September 10, 2009, in the Urban Area Security Initiative Grant program fiscal year 2008; and authorizing the City Manager to execute a memorandum of agreement with Palm Beach County in an amount not to exceed $42, 553. Chair Suarez: Is there a motion from the board? Commissioner Spence -Jones: So moved. Chair Suarez: Moved by Commissioner Spence -Jones. Is there a second? Vice Chair Sarnoff Second. Chair Suarez: Second by Commissioner Sarnoff. Any further discussion? All in favor, sign by saying iiye. " The Commission (Collectively): Aye. Chair Suarez: Motion passes unanimously. I'm sorry; resolution passes unanimously. RESOLUTION Liberty City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) Community APPROVING THE OPERATING FUNDS FOR THE LIBERTY CITY Revitalization Trust COMMUNITY REVITALIZATION TRUSTS FISCAL YEAR 2011-2012 BUDGET, IN THE AMOUNT OF $623,650, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012. 12-00019-Summary Form-SUB.pdf 12-00019 Legislation.pdf 12-00019-Draft Copy of Resolution.pdf 12-00019 Exhibit 1.pdf 12-00019- Exhibit 1-SUB.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Noes: 1 - Commissioner(s) Carollo R-12-0039 Direction by Commissioner Spence -Jones to the Administration to ensure that the Liberty City Community Revitalization Trust provide an annual briefing to the City Commission that will include the Trust's goals, objectives, and accomplishments; further directing that the Administration work closely with the Trust to ensure that they have support with whatever is needed to complete this assignment. Chair Suarez: RE.5. Elaine Black: Good morning. My name's Elaine Black, president of the Liberty City Community Revitalization Trust. I am here this morning to present our budget for fiscal year 2011-2012. The budget is in the amount of $617, 650. You have a copy of our detail budget. The funds that are -- we have here are all NI grants, Neighborhood Initiative grants, that were provided to the City of Miami Page 56 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Trust in 2002 and 2003 and we are still using those funds. The overall budget will be explained in more detail by our budget director, Mr. Alfonso, I'm sorry, but can go over with you any items that you may request additional information on, okay, as it relates to our budget. Chair Suarez: Do you want to hear the presentation by Director Alonso -- Ms. Black: Thank you. Chair Suarez: -- Alfonso, I'm sorry. Director Alfonso, please enlighten us. Daniel Alfonso: Danny Alfonso, director ofManagement and Budget for the City ofMiami. Just a quick clarification, I'm not exactly the Liberty City Trust budget director; I'm the City ofMiami Budget director. Chair Suarez: Thank you for that clarification. Mr. Alfonso: But I have a little bit of dealing with this. In effect, she is correct in that all this is special revenue fund. None of this is City ofMiami general fund. She has -- the revenues projected here are primarily carryover from grants, and there's proceeds from a sale of $115, 000 that is expected that is a property that's currently under contract and we expect -- I'm told that it will close shortly. There's some rental income and a little bit ofMiami Parking Authority money. She's divided that fund into operations and projects, and as you can see, there's $150, 000 for operations and $467, 000 for projects. The expenditures in terms of salary, staff or any of those, Ms. Elaine Black can explain. If there's any questions about those in particularly [sic], she's willing to explain that. Is there any other questions really? Chair Suarez: Thank you. It's been moved and seconded. Any further questions? Commissioner Carollo: Yeah. Chair Suarez: Commissioner -- Commissioner Carollo: I'll yield to my -- Chair Suarez: -- Spence -Jones and then Commissioner Carollo. Commissioner Spence -Jones: I just wanted to just make sure we're all on the same page regarding the item. This was a -- more or less a compliance issue, correct, Danny? Mr. Alfonso: I'm sorry. That is correct. This budget should have truthfully come to the Commission in September. It was not. That is a fact. We're here because we need to have budget authority in order to pay the bills, so to speak. So right now there's a pile of bills that we haven't been able to pay. There's payroll we haven't been able to post to our financial systems, so we need the Liberty City Trust budget approved in order to process those bills and payments. Chair Suarez: Thank you. Commissioner Carollo. Commissioner Carollo: Thank you. And it's more questioning with regards to being accountable because I remember not too long ago Liberty City Trust was one of the organizations that did not have their audited financial statements on time, which, in essence, caused the City ofMiami not to have their audited financials on time. And now I see that a budget that should have come before us in September of last year is coming before us in late January of this year so I'm really concerned as far as the financial knowledge, and that doesn't mean that we can't help you. I'm seeing right now even in your presentation, our Budget director is helping, but I'm -- I have a lot of concerns that this is something that's continuing with regards to, you know, your finances and, City ofMiami Page 57 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 you know, following proper procedures. What happened in September that you didn't come before us or this budget wasn't presented to us? Ms. Black: We had presented our budget but it was not accepted. We were not able to present our budget in September as we should have. We were prepared to present our budget, but unfortunately, the Finance -- they just were not accepting it. We have been working with the Commissioner's office almost on a daily basis, at least three times a week, to make sure we can get our budget to this point. Commissioner Spence -Jones: And ifI can also add because I -- you know, I wasn't here in the last two years when the former Commissioner was here. You guys worked on this issue. I think over the last two years it's been extremely difficult, for whatever reason, for the Trust to really get the support that was needed in order to get items done for the Trust. The whole purpose of the Trust when Commissioner Teele started, to my understanding, was for it to create a -- for him -- was to create a model so that it could sustain itself, and that's exactly what it's doing now so that this money would not be tapping into general fund. And they've done exactly what they were supposed to do with the Trust, but I think, for whatever reason, you know, whatever the sitting Commissioner at the time, whatever his feeling was about the Trust, they never really got the support. So we have been working along with Budget, along with George to really make sure that whatever was necessary was put in place in order for at least the budget to be loaded so that they're not operating out of compliance. So I want to say that it's really not their fault, honestly. I do know that they made several attempts to try to get their budget, you know, submitted to Budget, but quite frankly, the City was so engaged with trying to address our own deficit issues that this was not addressed. So I think that the way that they've broken it down and they've shown where the income and all of that is coming from, I think that our new Budget director feels a lot more comfortable with what's being presented, so that's why it's being handled now. Chair Suarez: Thank you. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, please. Commissioner Carollo: IfI could hear from the Administration why they didn't accept the Liberty City's Trust budget back in September. Chair Suarez: CFO (Chief Financial Officer) or director of Finance. Budget, okay. Mr. Alfonso: No. I'm not sure who was being dealt with -- Chair Suarez: Want to jump on this grenade, huh? Mr. Alfonso: I'll say this, the first record that I have receiving the proposed budget from Liberty City Trust on our records was in early October, which is after the budget was already passed. Having said that, we're here because we need this budget done, and I'm not going to get into finger pointing. At this point we need this budget done. I've spoken with Ms. Black and she understands that the ordinance that created the Trust requires that they submit their budget by April 1 for review and that the budget be presented to this Commission by September budget hearing, first and second. She has stated that she understands that, so I look -- andl will follow in this coming year to make sure that we receive that budget on time andl will make sure that it's included in the hearing because it's not really part of the City's budget; it's a separate entity. But I will reach out to her and make sure that we can provide any assistance she needs to get her budget here next September. Chair Suarez: Yes, Commissioner. City of Miami Page 58 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Carollo: Thank you, Mr. Chairman. Thank you for that, Mr. Alfonso, and I appreciate that, you know, we're not getting into the finger pointing, but at the same time, I always say in order to fix a problem, we need to know what the problem was so -- andl do look at moving forward. Ms. Black, do you need to have audited financial statements? Ms. Black: Yes, and we will provide you audited financial statements. They will be completed by Sharpton andBrunston [sic] in the next week. Commissioner Carollo: And Ms. Black, where in your expenses do you show the expense for audited financial statements? Ms. Black: Audited financial statements is outside construct -- contractual, 13,500. Commissioner Carollo: I'm sorry. I'm seeing out -- Ms. Black: Outside -- Mr. Alfonso: Outside contractual. Commissioner Carollo: One thousand six hundred and forty? Ms. Black: No. Mr. Alfonso: One -- thirteen thousand -- Ms. Black: Thirteen thousand five hundred. Mr. Alfonso: Do you have the latest version? Chair Suarez: Yeah. He's -- Commissioner Spence -Jones: You have the documents. She just passed them out to you, remember? Commissioner Carollo: Yeah. I was working on our backup material, so this is -- yes, now -- yeah. In essence, I'm looking at a different -- a totally different budget. I'm look -- staff salaries instead of 40,000, which is what I'm looking at, it went up to 114 so -- no further comment. Chair Suarez: Okay. Any further discussion from the board? Hearing none, all in favor, signify by saying iiye. " Commissioner Spence -Jones: Aye. Chair Suarez: Aye. Priscilla A. Thompson (City Clerk): I'm sorry. Commissioner Carollo: No. Ms. Thompson: I'm -- Chair Suarez: Please -- Madam Clerk, can you please register Commissioner Carollo as a no" on this? City of Miami Page 59 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Ms. Thompson: I'm sorry, but I don't have a mover and a seconder. Chair Suarez: There was. I believe -- I could have sworn Commissioner Spence -- okay, well, let's -- is there a mover and a seconder (UNINTELLIGIBLE)? Commissioner Gort: Yes. Commissioner Spence -Jones moved it and Commissioner Sarnoff second it. Chair Suarez: That's what I thought. Commissioner Gort: My question is we approving the second. Commissioner Spence -Jones: This is the amended budget. Commissioner Gort: The amended. Chair Suarez: The amended budget, andl -- Ms. Thompson: Okay. Chair Suarez: -- think that's a good clarification. Ms. Thompson: May I please for my records, can you state the mover and the seconder? Commissioner Spence -Jones: So moved Spence -Jones. Chair Suarez: I thought the mover was Commissioner Spence -Jones andl thought the seconder was Commissioner Sarnoff, but I could be wrong. He's looking like he may not have been -- Vice Chair Sarnofff. Well, I didn't second it. I mean, I -- but -- Chair Suarez: Okay. Well, there's a mover. Is there a second? Commissioner Gort: Second. Chair Suarez: It's been seconded by Commissioner Gort. All in favor, signifi, by saying aye." Chair Suarez: Aye. Commissioner Spence -Jones: Aye. Commissioner Carollo: No. Chair Suarez: Okay. Commissioner -- please register Commissioner Carollo as a no on this item, please. Ms. Thompson: Andl want to make sure that we're going to show this -- you have a substituted document. Chair Suarez: As amended. Ms. Thompson: Okay, thank you. Commissioner Gort: As amended. City of Miami Page 60 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Chair Suarez: Thank you. Commissioner Carollo: And Mr. Chairman, ifI could. Ms. Black, I just want to make sure that, you know, just for the future I want to have my -- the budget on time. I want to make sure that the audited financial statements are on time so it doesn't jeopardize the City ofMiami. And with regards to the budget that, you know, you either seek help from our Budget director because -- I mean, we're here to help everybody, but at the same time, you know, it's unacceptable to me that, you know, instead of September, you're coming in January, and it's not even the backup material thatl have. It's a totally different budget, and l just received it two minutes ago or whatever. So I just want for the record just to express that, you know, just for future references, reach out to us if you need help, but I would like to make sure that your finances are in order. Ms. Black: Thank you so very much. And we did complete our audit on -- for 2010 and we will have our audit for 2011, and we do appreciate your support. Thank you. Chair Suarez: Thank you. Commissioner Carollo: Thank you, ma'am. Chair Suarez: And just for the future -- Commissioner Spence -Jones: And -- I'm sorry. Chair Suarez: No. I was just going to say, just for future reference and -- you know, one of the things that this Commission in time that I've been here, we have really -- and a lot of it has been by Commissioner Carollo's leadership -- we've really wanted to go a step -- kind of a step beyond what is normal in terms of scrutiny. And so to the extent that you have audited financials, let us have them, let us take a look at them. We'd like to take a look at them. We're eggheads like that. We'll go through them. We'll, you know -- and like the Commissioner said, it's a collaborative process. We're here to help and make you stronger; that makes us stronger and ultimately Liberty City, which is really what we care most about. Ms. Black: I want to thank you so very much, everyone, and have a wonderful day. Commissioner Spence -Jones: Mr. Chairman, I just want to put -- Chair Suarez: Yes, please. Commissioner Spence -Jones: -- a few things on the record. I would like to also ask the Trust to at least, you know -- I know that the first four years when I was off -- in office, the Trust would at least come once a year to at least give a briefing about its goals and its objectives and it's accomplishments. I'd like to make sure that we put on the record that that happens. I also like to put on the record, because they have not gotten support like they've needed to have support in order to get things done, that the Administration works closely, along with the Trust, to at least make sure that they have the support. They're at least getting to the point they're able to stand on their own two feet and that's exactly what it was intended to do. I want to thank George Mensah from Community Development for being a strong support on making sure that those things happen, but I wanted to make sure that we acknowledge them. And for Commissioner Carollo, I do want to make this closing statement. If you recall, when we did have the budget item and we looked -- the listing of all the items that's budgets, Liberty City Trust was its own item on the budget, meaning like it was its own independent organization that had a -- wasn't an official item on the budget. And at that time when the budget was actually being presented, when it got to the Liberty City Trust part of it, it was basically the City's not putting in anything and it was a zero amount. So I just want you to realize that it was not like it was not on the agenda. It was just communicated that there would be nothing coming from the City on it. City ofMiami Page 61 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Carollo: But it's my understanding there's nothing coming from the City. Commissioner Spence -Jones: Right, it's not. But I'm saying -- but that's how it was addressed in -- during the budget hearings. Instead of saying that they do have existing money, it was addressed in -- Commissioner Carollo: I under -- Commissioner Spence -Jones: -- you know what I mean. From the viewpoint -- Commissioner Carollo: I understand what you're saying. Commissioner Spence -Jones: -- of no money coming from the general fund. Commissioner Carollo: Well, let's just correct it. And for next September -- Commissioner Spence -Jones: No problem. Commissioner Carollo: -- we should be on target, correct? Chair Suarez: I think we're good. Commissioner Spence -Jones: No problem. Ms. Black: Thank you. And I look forward to making a presentation to you on our accomplishments. Chair Suarez: We look forward to hearing it. Ms. Black: All right, have a great day. Chair Suarez: Likewise. Commissioner Spence -Jones: No problem. RE.6 RESOLUTION 11-01168 District3- A RESOLUTION OF THE MIAMI CITY COMMISSION REQUIRING Commissioner Frank ACCOMMODATIONS (CHANGING STATIONS) FOR MEN AND WOMEN TO Carollo CHANGE THEIR CHILDREN'S DIAPER IN ALL CITY OF MIAMI FACILITIES WITHIN SIX (6) MONTHS. 11-01168 Legislation (Version 2).pdf 11-01168-Submittal-Back-Up Documents.pdf DEFERRED Note for the Record: Item RE.6 was deferred to the Commission Meeting scheduled for February 9, 2012. RE.7 RESOLUTION 11-01091 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A City of Miami Page 62 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BY AND BETWEEN THE CITY OF MIAMI, FLORIDA ("CITY") AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, FOR THE CITY'S USE OF APPROXIMATELY 7,734 SQUARE FEET OF OFFICE SPACE AT THE LINDSEY HOPKINS TECHNICAL CENTER LOCATED AT 720 NORTHWEST 20TH STREET, MIAMI, FLORIDA, AT AN ANNUAL RENT OF ONE AND NO/100 DOLLARS ($1.00) PLUS BUILDING OPERATING EXPENSES, FOR THE OPERATION OF A WORKFORCE DEVELOPMENT OFFICE PURSUANT TO THAT CERTAIN GRANT TO THE CITY FROM THE SOUTH FLORIDA WORKFORCE INVESTMENT BOARD. 11-01091 Summary Form.pdf 11-01091 Legislation.pdf 11-01091 Exhibit 1 SUB.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0040 Direction by Chair Suarez to the Administration to follow-up with answers to Commissioner Carollo's question as it relates to obtaining a cost savings on the lease agreement by closing the One Stop Center on the days that Lindsey Hopkins is closed. Chair Suarez: Is RE.7 -- are you guys ready on RE.7, Lindsey Hopkins? Commissioner Spence -Jones: RE.7. Chair Suarez: Are we ready on RE.7? Okay, let's do RE.7. I think it's companion with a discussion item with D1.2 [sic], correct? Lillian Blondet (Interim Director, Grants Administration): That's correct. Chair Suarez: So let's take both of those -- Ms. Blondet: That's correct. Chair Suarez: -- up at the same time. Madam Clerk, that's -- we're okay to do that? Okay, thank you. RE.7, D1.2 [sic]. Daniel Newhoff (Interim Director): Good morning again, Commissioners. Dan Newhoff Department of Public Facilities. RE 7 is a resolution of the Miami City Commission authorizing the City Manager to execute a lease agreement between the City ofMiami and the School Board ofMiami-Dade County for the City's use of approximately 7,734 square feet of office space at the Lindsey Hopkins Technical Center, at an annual rate of $I plus building operating expenses for the operation of a workforce development office pursuant to a grant to the City from the South Florida Workforce Investment Board. Commissioner Spence -Jones: So moved. Discussion. Chair Suarez: Moved by Commissioner Spence -Jones. Is there a second? Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. Commissioner Spence -Jones, you're recognized. City ofMiami Page 63 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Spence -Jones: I just wanted to -- first of all, Commissioner Carollo, I know that this is part of this whole commitment to definitely get people back to work and we look to your leadership on this issue because, quite frankly, you probably have more experience than all of us on this issue of workforce. My only question for Lillian -- and I'm glad to see that you're finally -- you know, we're getting things moving on this item. I just want to make sure that that $50, 000 that we have set aside, that is definitely enough to make sure that we are able to rehab that space because $50, 000 just doesn't seem like a lot, but if you're telling me -- I mean, I'm assuming that you have gotten quotes in -- Ms. Blondet: South Florida Workforce did the -- hired the architects to do the design for the new work and they estimated the cost of the $50, 000. Commissioner Spence -Jones: Okay, no problem. Ms. Blondet: We already met with CIP (Capital Improvements Program) yesterday and we're going to go tomorrow with CIP to look at the site, the contractor. We're going to be using a JOC (Job Order Contract) contractor that is on the list of contractors from the City and the School Board, meaning that they can work at a site. And that job contractor was competitive procured so we don't have to put an RFP (Request for Proposals) out because it's already in the list to work on both the City and the School Board. And they're going to look at the cost to do the changes and the renovation that South Florida Workforce wants to see at the site, and at that time when they give us a cost, it should take about three weeks. We'll determine if it's 50,000. Hopefully, it should be enough. And that cost was determined by South Florida Workforce. Commissioner Spence -Jones: Okay, great. Chair Suarez: Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you. Is there going to be monies -- or is there any money from the general funds going to be used for this? Ms. Blondet: Access Miami is $50, 000 coming for the operational cost. That is a special revenue account that, my understanding, it comesfrom -- originally it was from general funds, yes. Commissioner Carollo: Is there any way that we could use funding that --? Chair Suarez: From the grant that we got -- Commissioner Carollo: Yeah. Chair Suarez: Yeah, from the South Florida Workforce. Right. Ms. Blondet: They would not allow us to do that. I asked repeatedly and they said no. Commissioner Carollo: And since this is a capital improvement, is it possible to use some type of bond money so that we don't use general fund money or that this money comes back --? Ms. Blondet: For the operation -- for the rehab, South Florida Workforce is giving us $50, 000 for the renovation of the site. Commissioner Carollo: Okay. Ms. Blondet: The $50, 000 for the operation of the site, like paying for electricity and telephones, City of Miami Page 64 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 cleaning, and all those things. So that is the $50, 000 coming from Access Miami. Commissioner Carollo: And let me ask you something. Ms. Blondet: Sure. Commissioner Carollo: And that is for one year. What happens the second year? Where is it going to come from? Ms. Blondet: That we would have to get it from the general fund or if there's funds from Access Miami, we'll have to get it from there. Commissioner Carollo: Yeah, but the money that was from Access Miami was actually general fund money that originally was given to Access Miami. Ms. Blondet: That's correct. Commissioner Carollo: So realistically then we're looking at an expense of at least $50, 000 every year? Ms. Blondet: That's correct. Commissioner Carollo: Moving forward. Question, andl don't have all my documents in front of me, but I'm just going from the agenda. Is there going to be additional monies that we have to pay due to the closing of the school year and we having to maintain that one stop open? Ms. Blondet: The School Board -- the arrangement with the School Board, it's a dollar for the rent and they're going to charge us a flat rate per day when the center has to be open and the school is closed. Mainly those days are for spring break, Christmas holidays because the federal holidays, both the center and the school is closed so the -- Commissioner Carollo: And we couldn't close those days to -- like the Christmas holiday, I don't know how many days they're closed or not, but we couldn't close some of those days? I mean, I understand the need for jobs, but at the same time, we're -- it's my understanding we're using general fund monies for these extra days, and I think the amount is about $1, 368 per day? Ms. Blondet: That's correct. The School Board -- I mean, South Florida Workforce advise us that the center has to be open those days. And when I said the Christmas holidays, this is the school recess, so it goes probably from December, let's say, 20 to January 3 or 4. Christmas Day is a holiday so that day the center will be closed. Commissioner Carollo: And they're saying in order for us to obtain fundings [sic] from them, from South Florida Workforce, we have to -- Ms. Blondet: Have the center open. Commissioner Carollo: -- have it open those days? Ms. Blondet: That's correct. Commissioner Carollo: We can't mirror the school system's --? Ms. Blondet: No. We cannot mirror the school system calendar. We have to mirror the center's City of Miami Page 65 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Chair Suarez: But think our operation costs will go down and during that -- if it's idle. Is it going to be idle or you're saying it's not going to be idle? Ms. Blondet: The School Board or whose -- I'm sorry, Commissioner. Whose operational cost? Commissioner Carollo: What happens is this. They are charging us $1 for rent for the whole year. Chair Suarez: Right. Commissioner Carollo: However, the days that the School Board or the school system is closed and we are open, they're going to charge us $1, 368 for that day. Chair Suarez: For the day? Commissioner Carollo: For the day. So in other words, like the school -- the Christmas holiday where the School Board closes, let's say, ten days, we're going to get charged 10, 000 -- well, it's going to be well over $10, 000. Chair Suarez: Yeah. It'll be 13,000. Ms. Blondet: They have to turn on the air conditioner for the four floors that day. Commissioner Carollo: And it's my -- Ms. Blondet: They have to have staff there to open and close the school. Chair Suarez: A day? Thirteen hundred dollars a day? Commissioner Carollo: And it's my understanding that that fund will come from the general funds of the City ofMiami, so I just want to -- Ms. Blondet: That's correct. Commissioner Carollo: -- you know, point this out and see if there's a remedy to it. If there's -- you know, do we have to open -- Chair Suarez: Yeah, yes. Commissioner Carollo: -- on those days? Do we -- you understand what I'm saying? Chair Suarez: Yeah. That's a great point. Commissioner Carollo: Because come budget time, guess what? This is coming before us. Chair Suarez: Absolutely. Commissioner Carollo: And there's going to be a line item for this so -- Chair Suarez: Absolutely. Commissioner Carollo: -- you know, I'm bringing it up, you know, in all -- in full transparency so we know what we have and see if there's a way to remedy this. If there's ways of you know, obtaining other funding, other grants, or do we have to open those days? You know, I want some clarity from South Florida Workforce and -- City ofMiami Page 66 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Ms. Blondet: We could go back and ask them -- Chair Suarez: And you should. Ms. Blondet: -- but they have a calendar where the centers are open. The School Board has to have the whole -- it's a four-story building, so the four -- it's an old air conditioner system so they're saying they have to turn on the whole air conditioner for the whole four floors. They have to have custodial there, they have to have security there, when otherwise they would not have people at the site. So that's why it seems so, you know, excessive 'cause it's not only for the air conditioner and the lights; it's for personnel that has to go there. We can go back to the -- you know, to South Florida Workforce and ask them again. We have asked those questions. The $50, 000 should take us -- the first program year ends, since we're starting a little bit later than when the monies were allocated, would end -- we're submitting next year, 2013. Commissioner Carollo: Yeah, but how far in 2013 since we're starting late --? Ms. Blondet: The contract ends -- their contracts go from August 1 to July 31. That's their contract cycle. Chair Suarez: Commissioner Gort. Oh, go ahead. Ms. Blondet: June. I'm sorry, Commissioner. June. So it goes to, you know, June/July or July/June. Commissioner Carollo: My question is you see the $50, 000 going through when? Ms. Blondet: To June 30, 2013. Chair Suarez: Commissioner Gort. Commissioner Gort: Now my understanding when I looked at this program, workforce, my understanding we're -- City ofMiami was not taking advantage of it so I pushed to get this program going. The reason being, we have a high unemployment within our districts. And the main reason is, let's face it, industries are changing every day. Commissioner Spence -Jones: Yes. Commissioner Gort: People have to change and they have to be refrained to new projects to new things. Today, if someone is not aware or does not know how to use a computer, be very difficult to get work, even mechanics today. Anyone that have to use a computer to do anything. At the same time, my understanding is -- andl can understand Commissioner Carollo, andl thank you for that because you look at the budget and you're doing a great job on that. But at the same time, I think this is a grant and there's way that we can look at it where some of those expenses can be borne. My understanding also is we can use some of the City employees and shift their salary from the City general funds to the grant. I don't know if you guys are looking into those possibilities, but think you should. But at this time, I think we get this going, we got to get people trained. We got to get people to work. This is the biggest problem that we have today. Chair Suarez: Thank you, Commissioner. Yes, Commissioner Spence -Jones. Commissioner Spence -Jones: I agree with the both of you, both of you guys. I think that the -- however, you know, the statement -- I had no idea that you were the one that was kind of pushing this whole issue from the very beginning. I do think that in what Commissioner Gort is communicating, we do have to have a real mandate about getting people trained and to work. City ofMiami Page 67 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 So whatever we need to do on our end, instead of it being 26 people that we may hire to get started, we may need to look at shifting that budget to address the same issues. But this should not be a hindrance and this should not stop us from moving quickly on trying to figure out how do we get people back to work. So I guess the -- I guess you guys are right in both ways. Let's figure out how we can reduce on another item within that budget to address Commissioner Carollo's concern, but at the same time, please, let's not let this be a hindrance because people do need to work. Chair Suarez: Commissioner Carollo. Commissioner Carollo: Thank you. And by no means am I trying to put any hindrance or any obstacles, but at the same time, I'd like to know what is the cost. I'd like to know what the City's obligation is going to be. I'd like to know ahead of time, not the day before I vote or the morning when I come in andl see a paper in my door. I mean, I'd like to know ahead of time, you know, what the budget is going to be so I could study it. And with that said, let me ask you. With the information that we just discussed, do you know how many days the One Stop Center has to be open that the School Board or the school system is closed? Ms. Blondet: For this coming year, I think it was 16 days about. No, I think it was 15 day because there was a day there that -- July 4 the center is closed -- Chair Suarez: It's about $20,000. Commissioner Carollo: Yeah. That's -- Ms. Blondet: It's about 20,000 -- little bit over 20,000. Commissioner Carollo: And that's $20, 000. So I mean, in all fairness, you know, $20, 000, but the bottom line is everything counts. And when it gets down to it, you know -- Ms. Blondet: We can go back to South Florida Workforce and, you know -- Chair Suarez: That's almost half of the $50, 000 expense. Commissioner Carollo: Right. Ms. Blondet: That's correct. And on top of that -- Commissioner Carollo: And that's my point. Chair Suarez: Exactly. Ms. Blondet: -- we have to add telephone -- Chair Suarez: Let's see if we can wrap this thing -- Ms. Blondet: -- all the property -- all the operational costs for the facility in the original application. That's the arrangement that the City had with South Florida Workforce -- Chair Suarez: Okay. Ms. Blondet: -- that the City would provide the site. Chair Suarez: Do you guys want to defer this until the next Commission meeting then until we have clarity on that issue or --? City of Miami Page 68 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Spence -Jones: I don't think -- Commissioner Gort: No. We need to move. Chair Suarez: You want to go forward with it? Commissioner Spence -Jones: I thought -- Commissioner Gort: We've been working on this for three years now. Commissioner Spence -Jones: -- we just resolved it. Chair Suarez: Okay. Commissioner Gort: Come on. Commissioner Spence -Jones: We just resolved it, right? Chair Suarez: Okay, we have a motion. Do we have a motion and a second? I believe we do. Yes, we do. We have a motion and a second. My issue is, look, I agree with Commissioner Carollo in terms of we should do everything in our power intelligently to minimize the cost to the City. I mean, that's just obvious. And if it means closing, I can't even imagine that it would -- to stay open, it cost $1, 300 a day. That's got to be wrong. I mean, that's crazy, but anyways, whatever. The other thing we want to look -- and something that Commissioner Sarnoff often points out is -- in different context is the leveraging factor. You know, we are -- if we do have to put in some of our general fund money, the leveraging factor, we're going to get, you know, a million two of funds to benefit the community for an expense of a -- you know, a marginal amount. So you know, our skin in the game is minimal in comparison to what the other entities Commissioner Spence -Jones: The benefits. Chair Suarez: -- are going to -- right. So you know, but nevertheless, I think it's prudent and wise for us to do everything in our power to minimize the cost to the citizens of the City ofMiami who are going to be the ultimate beneficiaries of these services. It's been moved and seconded. All in favor -- Julie O. Bru (City Attorney): Mr. Chair, just for the record, there is -- Chair Suarez: Yes. Ms. Bru: -- a slight substitution. And just to clam, we just modified the lease to make it clear that this demised premise is being used for educational purposes and also that it's not just the City as the lessee that's allowed entry into the premises but also our invitees. Chair Suarez: Yeah. It's been moved and -- is it -- does the maker -- Commissioner Spence -Jones: Yes. Chair Suarez: -- accept that amendment? Commissioner Spence -Jones: Yes, I make -- Chair Suarez: Seconder -- City ofMiami Page 69 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Spence -Jones: I accept the amendment. Chair Suarez: -- accept that? Commissioner Gort: Yes. Chair Suarez: Okay, it's been moved and seconded. One thing would request is that you come back to this Commission with the answers to Commissioner Carollo's questions regarding whether it's necessary to close or whether you can close on those days and not incur that fee 'cause that's half of the operating costs. Ms. Blondet: Okay. Chair Suarez: Okay. Ms. Blondet: And -- Chair Suarez: It's been moved and seconded. Oh, Commissioner Carollo, you have -- Commissioner Carollo: Yes. Chair Suarez: -- one last thing. Commissioner Carollo: And l just want to verify, this lease is for -- how long was the term? I was focused more on the budget and glanced over the lease. Mr. Newhoff. Through June 30, 2013 with two additional options to extend for one year each. Commissioner Carollo: And the options to extend is at the option of? Mr. Newhoff. Of the School Board and the Manager. Commissioner Carollo: Can we -- a friendly amendment, come back to the Commission for additional approval? Mr. Newhoff. Yes, sir. Chair Suarez: Does the maker accept that amendment? Commissioner Spence -Jones: I accept that motion. Chair Suarez: Does the seconder accept it? Commissioner Gort: I accept it. Let me give you a suggestion. From now on, anything that has to come back to the Manager, make it -- change the documents -- Chair Suarez: Might as well just do it across the board. Commissioner Gort: -- make it the Commission approval. Mr. Newhoff. Understood. Commissioner Gort: Okay. City of Miami Page 70 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Chair Suarez: I think that's the pattern here. It's been moved and seconded, as amended. All in favor, signifi, by saying iiye. " The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. Ms. Blondet: Mr. Chairman, one more thing wanted to clear. I'm sorry I'm taking some time. When we came to Commission in October, we thought that we would be able to open the center the first quarter of this year, and due to all the administrative requirements and the different parties involved, it's been delayed. Hopefully it will be early April, if everything falls in place. We still have to complete the hiring and the renovation. So maybe I'll come in a couple of months and give an update with a more specific -- Chair Suarez: Thank you. Ms. Blondet: -- date when that can be opened. EXECUTIVE SESSION 2:00 P.M. ES.1 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 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 City of Miami Page 71 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Chair Suarez: I'm just going to reconvene for the purpose of reading a statement into the record and then having the City Attorney read the remaining statement into the record and then we're going to go into an executive sunshine -- sorry, executive shade session. And the Clerk is -- I'm buying time because the Clerk is running to the back to get me my script so that can read it, but I wanted to start on time just so that we can continue that -- andl appreciate everybody for being here on the time, by the way, in the morning as well. I just need to read something into the record. This is it? She doesn't have to get me anything else? Ok, on January 12, 2012, under the provisions of Section 286.0118, the City Attorney requested that this Commission meet in private to discuss pending litigation in the consolidated cases of number one, Contender Fishing Team ET C (Limited Liability Company) as owner of the vessel F: 3-31MR for exoneration from our limitation of liability, petitioner versus City ofMiami, claimant. Julie O. Bru (City Attorney): That's it. Chair Suarez: That's it? United States District Court, Southern District of Florida, case number 08-22268-CIV-Hoeveler, and number two, Richard Sol, plaintiff versus City ofMiami, et al., defendants, United States District Courts [sic], Southern District ofFlorida, case number 08-22498-CIV-Hoeveler. The City Commission approved the City Attorney's request and will now, at approximately 2 p.m., commence a private attorney -client session under the parameters ofFlorida Statute 286.0118. The private attorney -client session will conclude at approximately 3 p.m., at which time the regular City Commission meeting with resume. The session will be attended by the members of the City Commission: myself, Chairman Francis Suarez, W fredo Gort, Frank Carollo, Michelle Spence -Jones, and Vice Chairman Marc Sarnoff 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 litigation. Thank you. Priscilla A. Thompson (City Clerk): So the meeting stands in recess. Chair Suarez: Yes. The executive session is going to be held in the Mayor's conference room and so we will now recess the meeting to begin that session. [Later...] Chair Suarez: We're back in session. We're going to take up -- Ms. Thompson: Excuse me. Chair Suarez: Yes. Ms. Thompson: Excuse me, Chair. What we need is for there to be an announcement that you have closed your executive session. Chair Suarez: I don't have that script. Is that -- the City Attorney can handle that? Ms. Thompson: So that's all you need to do, is go ahead and close your executive session and then you can reconvene your meeting. Chair Suarez: Okay. Madam City Attorney. Ms. Bru: Okay. We have concluded the executive session, and now the Chairman has reconvened the public meeting. Chair Suarez: Thank you. City ofMiami Page 72 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 RE.8 12-00031a Office of the City Attorney END OF EXECUTIVE SESSION RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY FIREMAN'S FUND INSURANCE COMPANY, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $425,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, BROUGHT BY CONTENDER FISHING TEAM, LLC., CORY G. FRITZLER, AND FIREMAN'S FUND INSURANCE COMPANY, INCLUDING ATTORNEYS FEES AND COSTS, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CONSOLIDATED CASES STYLED, CONTENDER FISHING TEAM, LLC AS OWNER OF THE VESSEL FL3021 NR FOR EXONERATION FROM OR LIMITATION OF LIABILITY VS. CITY OF MIAMI, CASE NO.: 08-22268-CIV-HOEVELER, AND RICHARD S. SOL VS. CITY OF MIAMI, ETAL., CASE NO.: 08-22498-CIV-HOEVELER, BOTH PENDING IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS BY CONTENDER FISHING TEAM, LLC., CORY G. FRITZLER, AND FIREMAN'S FUND INSURANCE COMPANY, AND OF A DISMISSAL OF THE CITY OF MIAMI AND OFFICER JOSE ESTEVEZ, WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000. 12-00031a Memo - Office of the City Attorney. pdf 12-00031a Memo - Financial Signoff.pdf 12-00031a Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0041 Chair Suarez: We don't have -- I know one of the Commissioners is going to be off for a little while and we don't have Commissioner Sarnoff here, so I was thinking of taking up, you know, the settlement, but since we're missing Commissioner Sarnoff, maybe we should wait until he gets back. [Later..] Chair Suarez: RE.8. Is there a motion to recommend a settlement on RE.8? Commissioner Spence -Jones: So moved. Commissioner Gort: Second. Chair Suarez: Moved by Commissioner Spence -Jones, second by Commissioner Gort. Any further discussion on this item? All in favor, signift by saying aye." The Commission (Collectively): Aye. Vice Chair Sarnofff. Motion passes unanimously. Resolution passes unanimously. City of Miami Page 73 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 RE.9 RESOLUTION 12-00012 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, AMONG THE CITY OF MIAMI ("CITY"), THE MIAMI SPORTS AND EXHIBITION AUTHORITY AND THE FRIENDS OF MIAMI MARINE STADIUM, INC., A 501(C) 3 NON-PROFIT CORPORATION, ESTABLISHING THE CITY'S PARTICIPATION IN A PUBLIC -PRIVATE PARTNERSHIP IN ORDER TO PLAN, APPLY FOR GRANTS AND FUNDING, AND IMPLEMENT THE RENOVATION, OPERATION AND PUBLIC USE OF THE MIAMI MARINE STADIUM TO BE REDEVELOPED ON VIRGINIA KEY, MIAMI, FLORIDA; FURTHER TO PROVIDE FOR COMPLIANCE WITH REQUIREMENTS OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND ALL OTHER APPLICABLE GOVERNMENTAL FUNDING PROGRAMS. 12-00012 Backup 02/23/12.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.9 was deferred to the Commission Meeting scheduled forFebruary 9, 2012. END OF RESOLUTIONS DISCUSSION ITEMS DI.1 DISCUSSION ITEM 11-01090 Department of MONTHLY UPDATE OF THE CURRENT FISCAL YEAR BUDGET STATUS. Management and Budget 11-01090 Summary Form.pdf DISCUSSED Chair Suarez: DI.1. Mr. Alfonso, you're recognized. Daniel Alfonso: Danny Alfonso, director ofManagement & Budget. Thank you for the little extra discussion 'cause I don't think we've gotten to a discussion item on budget this early in the day, so I really was kind of was like ah, it'll be something this afternoon. Okay. Commissioner Spence -Jones: We got a Chairman moving it. Mr. Alfonso: Okay. I want to start out by saying that fiscal year '10/'11 we're still thinking we're going to be in the black, so nothing has popped up so far in the audit and nothing has surprised us yet, so we're still on good track for last year which means that at some point we 're going to have to possibly have a discussion about the carryover funds from the departments that we have to carry over, and I'll probably put those in the mid year allocation later on this year. Okay. City of Miami Page 74 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 And nothing has changed from last month about this so we 're still looking -- you know, we were -- last month we were at about five and a half million, but we know we're going to have to pay the million dollars for the one lawsuit, the Polish American Club, so that's going to take it down to about four and a half. There's some other payables that came in late in the process, but it's only -- maybe a couple hundred thousand, and there's some other legal issues that have to be reserved; it may take it down a little more, but we're fairly confident that it will not eat up the entire amount so we should have a surplus for operating year -- fiscal year '10/71, okay. Any questions on that? Yes, ma'am. Commissioner Spence -Jones: I just want to make a recommendation, Mr. Chairman. Again, as I've been stating earlier, I really do believe that we need to start talking earlier about the budget. I think that the briefings are great, like the way that we do them, but I think it's extremely important for us to have, if possible, some sort of shade meeting in the springtime just so that we can all get together and begin really talking about these issues early. I know the City at one time or the other used to do it a long time ago. Yeah, workshop -- more of a workshop type thing so that we can at least do this early. Let's not wait until the late summer when we're rushing to try to address it. I also would like to -- so I would like to have -- you're saying not a work -- you're saying a budget workshop and not a shade meeting? Julie O. Bru (City Attorney): Right. The executive session, which sometimes you refer to as shade meetings, you can entertain that with respect to your collective bargaining to the extent that operational cost is mostly driven by labor costs in the City. Well, you know, that'll be an aspect of it. But purely speaking, you don't have an executive session or a shade meeting to discuss the budget. Commissioner Spence -Jones: Well, the only reason why I would want to do it would be, of course, to deal with the issue of the unions as well, so we wouldn't be talking about the budget without talking about the union. Ms. Bru: And I think your Administration will be presenting to you a proposed schedule for starting that process; your shade meetings to discuss collective bargaining and all that. Commissioner Spence -Jones: Right. Ms. Bru: But for the budget, you can at any time have a workshop, you know, discuss it at the meeting. Commissioner Spence -Jones: Yeah. So I'm just making a suggestion that we do it early spring, Danny, so that we can hammer out and talk about this stuff early because I don't want us to be rushing at the end. And then also our CFO (Chief Financial Officer), I'm not sure where she is, but I'm sure she's somewhere in the building. I would like to also, as a part of that workshop that we have, have her present, you know, some different options that we can perhaps look at. I know that you're already -- it's already spinning in your head about creative things that we can do to generate revenue. I just don't want to know about them -- what these creative ideas are when they show up on the agenda. So I want to be able to utilize that opportunity to have us hammer out and also offer our input. Most of the times I find out -- find -- we all find out about these creative things that you guys may be working on, i.e., the Marine Stadium -- I'm just using that only as an example -- the day that it hits our agenda andl don't want to find out things that way. I would prefer for us to talk about it in advance as a group, sunshine or whatever the case may be, and then allow for that to hit the -- and then have an idea as to what kind of impact it's going to have on the decision. So I would like to at least make sure we do that. So a shade -- not a shade, but a budget workshop -- Commissioner Gort: Budget workshop. City of Miami Page 75 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Spence -Jones: -- in the spring; CFO comes to the table with the many options of ways that we can address our financial -- I'm not going to say crisis -- our financial issue from a long-term perspective. Chair Suarez: Commissioner Gort. Commissioner Gort: Let me ask you a question, Danny. My understanding is we close the year on September 30. Mr. Alfonso: That is correct, Commissioner. Commissioner Gort: October, November, December, and January, we don't have all the expenses in? Mr. Alfonso: No. All the expenses, to my knowledge, are in, Commissioner. What I'm trying to say is that as the audit takes place, the auditors may look at our liabilities that have been incurred in previous years, like legal issues, for example. If somebody had an accident -- Commissioner Gort: Gotcha. Okay. Mr. Alfonso: -- and those type of adjustments may still be made. I'm not expecting an FPL (Florida Power & Light) bill -- Commissioner Gort: So you don't -- Mr. Alfonso: -- for a million dollars. Commissioner Gort: -- expect anything coming from any departments or anything like that? Mr. Alfonso: Correct. Commissioner Gort: Okay. Chair Suarez: Thank you. Commissioner Gort: Just want to make sure. Chair Suarez: And ifI can make a slight -- before you go on, Danny, ifI can make a -- kind of a slight adjustment to what Commissioner Spence -Jones suggested, which is -- 'cause I don't know exactly when springs begins, but if we can -- Commissioner Spence -Jones: April. Chair Suarez: -- get the -- I was thinking even earlier than that, if it's okay with you. Commissioner Spence -Jones: Yeah, that's fine. Chair Suarez: I would like to do the executive meeting within about a month, the first one so that we can already start, you know, thinking about the different strategies, short-term, long-term, different options for how to deal with what is looking like a deficit somewhere in the vicinity of $30 million. Commissioner Spence -Jones: Are you saying, Mr. Chairman, an executive meeting. Is that the shade meeting? City of Miami Page 76 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Chair Suarez: Yes. Commissioner Spence -Jones: 'Cause that's what (UNINTELLIGIBLE). So an executive meeting first, okay. Chair Suarez: Correct. Commissioner Spence -Jones: And then after that a budget workshop. Chair Suarez: And the City Attorney -- Commissioner Spence -Jones: I like that. Chair Suarez: -- will remind us that the executive meetings have to be centered around collective bargaining negotiations and things of that nature. Commissioner Carollo. Commissioner Carollo: Right. As a matter offact, correct me if I'm wrong, Mr. Alonso, but believe the projected deficit for the following year is due to a lot of the concessions that were made by the unions was for one year. Is that correct? Mr. Alfonso: Okay. As part of the briefing that I was going to give you, that was going to be the last part, but I'll bring it up right now. For fiscal year '12/'13 -- and these numbers are very preliminary so, please, I want to caution that the number is going to change. Let me say that again, the number is going to change. Commissioner Carollo: IfI could add to that. Mr. Alfonso: Yes, Commissioner. Commissioner Carollo: What happens is now through the audit process. The auditors are looking through various -- whatever they look through. I'm not going to get into details. But the bottom line is they may have adjustments. They may say, listen, you need to adjust for this, you need to adjust for that. Why? Because that way it will be fairly presented, the financial statements will be then fairly presented. So they may make the recommendation to management that these are the changes that we strongly recommend that are being made and that's why he's saying that the numbers may change. Mr. Alfonso: That is correct. And that's for '10/'11. Commissioner Carollo: Exactly. Mr. Alfonso: Now you're talking about fiscal year '12/'13 and the early estimate of where we might be and what kind of revenue versus expense gap we will be looking at. Commissioner Carollo: Which starts October 1 of this year. Mr. Alfonso: Of 2012, that is correct. Okay, so how we get to the number that's sort of been tossed around in a big picture perspective is to say we knew that last year at the end we closed a $21.6 million gap with labor agreements. Chair Suarez: One time. Mr. Alfonso: One time mostly labor agreements. If we anticipate that those labor agreements will expire and those expenses come back into the budget without a change in revenue, then I'm already looking at a $21.6 million gap. That's not a deficit because we don't have a budget yet, City of Miami Page 77 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 so it's a gap between revenue and expense that we have to close through the process. A few weeks ago I went to the FIPO (Firefighters and Police Officers) pension board and they gave us their actuarial numbers, requesting the funding for fiscal year '12/'13. That number was approximately $4.7 million higher than the current year so I have to add that to the gap. It was a COLA (Cost of Living Allowance) adjustment of a couple hundred thousand. I had to add that to the gap. Tomorrow GESE (General Employees and Sanitation Employees) pension board will meet. I will be there in the morning to listen to what they have to say. I expect there might be an increase for next year; we have to add that as well. There's 43 officers in the police department that are part of the ARRA (American Recovery and Reinvestment Act) grant that expires this year. Chair Suarez: COPS (Community Oriented Policing Services) grant. Mr. Alfonso: Those officers need to be funded in '12/'13. We have the issue with the Marlin's stadium taxes whether we solve that issue or not. The insurance for that facility is still up in the air as to whether it's going to be covered in one area and the other. So there's a lot of issues at stake. You know, what's going to happen with Parrot Jungle, whether that payment is made or not made. Are we going to have to do something on our side? What are we going to do with CDBG (Community Development Block Grant)? If there's a major reduction on CDBG, are we going to try to help with some general fund? Those are all questions that have to be ascertained, looked at. We have a capital need in the City. We have deferred certain capital needs in our buildings, so maybe we'll have to put some of that money aside. So when I say $30 million, I mean, I could sit with the Manager and Administration andl get the information from the departments andl could come back to you and say it's 35 million, butl'll tell you exactly how we got there is what I'm trying to say. So 30, 35 million might be the starting figure. Commissioner Gort: You might be able to come back and lower it too. Mr. Alfonso: It may be lowered. If all the unions come back and say, okay, we'll agree to status quo, we just knocked $21 million right off that number. Chair Suarez: Commissioner Carollo. Commissioner Carollo: No. And let me tell you something, I truly commend our Budget director because this is exactly what last year we were seeking. We found out about, you know, potential deficit or, I'll use your word, the gap -- Mr. Alfonso: Thank you. Commissioner Carollo: -- you know, sometime in the summer. And even as some people were saying no, no, we have no deficit; everything's fine. You know, we'll take the money from the vacancies. Others were saying, no, no, we really need to look at the numbers, and that's exactly what we're doing right now. So your attitude towards the budget, your leadership is definitely commendable. I do commend you, and that's exactly what we need. And it goes in line with what every Commissioner here is saying. We need to know exactly that detail for us to then meet and, you know, include our CFO and see what are our possibilities, not at the last minute where -- I'll give you an example. I remember when I first heard of it; it was in Commission meeting that if we do this savings with the insurance but then we have to add seven years to the life of an insurance of a retired employee, it's going to save us money. And the bottom line is, once we really looked at the numbers and the calculations, no. It sounded good, but it really wasn't all that great so -- and it went away. But those are things that we need to see ahead of time, andl think we're really on the right track. You know, I'm really proud to say that it appears that we're really on the right track with our Budget director, our new CFO, and soon, I know we're looking at a Finance director also and, you know, I think it's definitely welcome news. City of Miami Page 78 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Chair Suarez: Commissioner Spence -Jones. Commissioner Spence -Jones: I just want to add just -- you know, this is the reason why I felt it was important for us to have this early, and I'm glad that the Chairman said, no, no, let's not wait until the spring; let's do it now. I know that the City Administration is already getting ready to begin their discussions with the unions. I would like for us to be in a position that before that discussion even begins that we are at least having the talk about what we feel is important in order for us to get through this. And then as you guys begin to communicate to the unions, you at least have it from our viewpoint first as a unit and then, you know, try to work through those details. I think that is extremely important. So I'm very -- you know, I'm pleased to know that we're moving in that direction. I just want to be clear of what the direction is. First thing is the executive session which will address the union -related issues and we can still talk about the budget as a part of it and then the second part of this is more of an open budget workshop that Commissioner -- Chairman, do you want that to happen also in the spring as well? Chair Suarez: Yeah. I think it could happen -- obviously, after the executive session, like you said, maybe -- if the executive session is in late February, then maybe late March, a month after. Commissioner Spence -Jones: Okay. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: Andl thinkl know where Danny's going to go with this, but -- Chair Suarez: You don't have an (UNINTELLIGIBLE). Commissioner Carollo: -- I'm going to jump the gun. Also keep in mind that right now we're being audited by our external auditors and you know, that the financial statements are due March 31. Hopefully they'll have it beforehand. As a matter of fact, I bumped into one of the auditors the other day, one of the sub companies and they said it appears like we're on track. But that takes a -- I don't want to say a burden, but it takes a lot of time from our financial team, you know -- Commissioner Spence -Jones: Yes. Commissioner Carollo: -- making sure that whatever is requested is given. I don't know when field work has ended or not, but the bottom line is that's a time that's critical -- Commissioner Spence -Jones: Yeah. Commissioner Carollo: -- to us so, you know -- Chair Suarez: In April. You want to do it maybe in April? Commissioner Carollo: -- but want to give them some leeway. Commissioner Spence -Jones: So what about the executive -- Chair Suarez: Some breathing room. Commissioner Spence -Jones: -- session at the same time the Chairman was saying to do it, but then the budget workshop happen after -- happens after we receive the audit? City of Miami Page 79 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Carollo: Yes. Chair Suarez: Yes. Commissioner Spence -Jones: Because I think that that's the most important thing, so if we can move on that. And for Commissioner Carollo to commend you, Danny, your department and Pete, that should say a lot to you being that, you know, he's -- numbers is his thing, so you should feel great about getting that compliment. Mr. Alfonso: Thank you. I do appreciate compliments. Chair Suarez: Yeah. Mr. Alfonso: And I want to thank the Manager for bringing me on board. Johnny Martinez (City Manager): One thing that I want to say, another thing that we started early is we started the dialogue with the departments to ask for my efficiencies and reductions so that when we do sit with the unions, we can say we've looked at ourselves and -- Commissioner Spence -Jones: Yeah. Mr. Martinez: -- we're down to the bare minimum and, you know, we will have a little bit more of a trust factor going -- Commissioner Spence -Jones: Okay. Mr. Martinez: -- into that conversation. So Danny and the team and myself personally are going to meet with every department one -- Commissioner Spence -Jones: Great. Mr. Martinez: -- by one by one to go over their plan, efficiencies and reductions -- Commissioner Spence -Jones: No problem. Mr. Martinez: -- on the expense side. Chair Suarez: Let me -- Commissioner Spence -Jones: So before the -- by the end -- Commissioner Carollo: Just a quick follow-up. Chair Suarez: Commissioner Carollo, then -- you have something? Commissioner Spence -Jones: I just want -- so the end of -- Chair Suarez: We'll go from left to right. Commissioner Spence -Jones, Commissioner Carollo, then Commissioner Sarnoff. Commissioner Spence -Jones: So the end of February we'll have the executive session, but would say if he's saying March 31 is the date of you -- hopefully you'll have the audit by then -- Commissioner Carollo: Issued. City of Miami Page 80 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Spence -Jones: -- then we would have perhaps, Mr. Chairman, some early part of April will be the official budget workshop to address the overall issues, and within that time you will work along with the departments so that when we do have our executive session, it only makes sense because we have real information that we're working with. Commissioner Carollo: Exactly. Chair Suarez: Yes. Mr. Alfonso, do you have something to add or --? Mr. Alfonso: Yeah, just briefly. I want to sort of give a little bit of timeline to put a little perspective to this. We're working to finalize what we want the departments to enter into our budget data collection system, and I'm going to be sending out a memo to all the directors here in the next week or so explaining exactly what we want, and we have our system that we're preparing for them to enter that data. We'll collect data through February. We're going to meet with the departments late March and dissect those budgets. At the same time, we have an audit going on. We have a cost allocation plan that we have to get through because it's about time that we do it. We also have the mid year and end -of -year items that I have to bring to this Commission in late February/March time period, so all those things are sort of grouping together. I want to meet with the directors, get their input, and then I think in March -- April -- closer towards the end of April -- I don't know if you want to put it as part of the Commission meeting or do you want to have a special meeting for the budget -- Commissioner Spence -Jones: It should be a separate one. Mr. Alfonso: Okay, a separate budget workshop meeting. Maybe latter half of the month would be a little more -- Commissioner Spence -Jones: That's fine. Mr. Alfonso: -- time for us to put together -- Chair Suarez: That's fine. Commissioner Spence -Jones: That's fine. Mr. Alfonso: -- a picture of where we are. Chair Suarez: Commissioner Carollo. Commissioner Carollo: I was just going to -- you know, I didn't want to assume that -- since I jumped the gun, I didn't want to assume that that was the issue that Danny had, andl want to make sure that he had an opportunity to, you know, bring it up just in case so -- andl think he already spoke. Thank you. Chair Suarez: Vice Chair Sarnoff. Vice Chair Sarnoff Just at the first executive session, I want to make sure that we have our expert on pensions andl also want to make sure that we have our lawyer expert there so that, you know, essential questions can be answered and -- 'cause I think we need to look at the structure of how we move forward not just short term, but long-term. Chair Suarez: Absolutely. I couldn't agree with you more, Vice Chair. I just would like to say that this is the main reason why I sponsored the legislation on the financial integrity when we have a depleted amount of reserve so that basically incorporating into an ordinance the practice that, you know, we all kind of realized in our first year here the -- I guess it's the '10/'11 budget City of Miami Page 81 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 was the -- you know, was a good sound practice that got us to a point where, as you just testified today, we are going to more likely than not end up in a surplus position for that budget year. So you know, I think -- I join in the Commissioner's -- you know, all the praises that he heaps on you. I think you've, you know, done a wonderful job and, you know, you were put in a very, very difficult position last year, having come in with a month left, but you've taken that task and really run with it so I commend you for that. Mr. Alfonso: Thank you. Chair Suarez: DI 3. Commissioner Spence -Jones: DI.3. Chair Suarez: Or do you want to -- Commissioner Spence -Jones: We dealt with it already, right? Chair Suarez: -- continue? I'm sorry? Mr. Alfonso: No, no. I mean, if you guys are okay. I met with each of you, talked about how the departments are doing this year. If you want to discuss any of those issues, any questions on how they're doing this year -- Commissioner Carollo: The only thing that I just want to put for the record -- andl spoke to you andl spoke to the chief yesterday -- andl just want to put for the record. Again, he had, you know, good viable answers, but I still just want to put it for the record, you know, concern with, you know, the police overtime. They are at pretty much 75 percent or -- the bottom line is, they have -- in one quarter they have spent pretty much three quarters of the whole year in overtime. So, you know, chief I know we spoke yesterday, andl was okay with what you had told me, but still, I wanted to put it for the record because it's something that we still need to monitor. And even going back from the previous Administration, Mr. Manager, that was one of your concerns, so I'm just, you know, being consistent, and it's an issue that I'm seeing -- I know the chief is addressing it andl just wanted to put it for the record. Chair Suarez: Commissioner Sarnoff and then I want to hopefully wrap it up. Vice Chair Sarnofff. Well, it -- let me kind of put this in a perspective because you brought up policing, you brought up an issue I think that's dear to everyone's heart, andl can tell you that the only time I ever voted for a budget that was -- had to use reserves was when we added 200 police officers. Having said that, since I've been here for five years, I have never experienced a crime increase in the City ofMiami. However, we are experiencing a crime increase, except for two districts. Not going to say districts. Two NETs (Neighborhood Enhancement Teams), one basically stayed even and one went down 6 percent. Other than that, last year everybody experienced a crime increase. I know I share some areas with you. I know I also share your concerns. And when a police department is down 56 and was down at one time up to 60 police officers, the only way to fill that gap is through overtime. Now, when you offset the overtime expenditure, you don't -- you have, you're offsetting that with the unfilled positions. And I've always asked this question -- you know, only in the City ofMi --I don't mean this disrespectfully andl don't mean this disrespectfully to you, Mr. Manager, 'cause I don't think it's a simple answer. But I've always asked this question: Is it cheaper for overtime or is it cheaper to have fully staffed positions? And you always get sort of a different answer. And you know, candidly, from my perspective, I'd rather have fully staffed positions more so because I'd rather have a police officer, a fire officer who took his two weeks' vacation -- andl did say two weeks. I didn't say nine. I said two weeks. -- who is working a eight-, ten-hour day as opposed to a fourteen-, fifteen -hour day. I think his responses are better. I think he's -- it -- I think it could be a City ofMiami Page 82 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 physically demanding job andl think he's just better suited. And I'm not here to suggest to you I still don't understand whether we're better suited for overtime or we're better suited for unstaffed positions 'cause from my perspective, I simply want to be staffed. I noticed that on District 2 there's no discussion item how we're doing on hiring. I think it's 'cause I made a comment last Commission meeting, we may not need to have it. And this is the only time I'll talk about it. I won't -- Chair Suarez: We can bring it if you -- Vice Chair Sarnofff. -- bring it up. I won't bring it up 'cause I've been seeing the chief andl know that Commissioner Gort was going to sponsor something; I didn't see it, and that was to -- a discussion on why -- at least a resolution asking the Civil Service Board not to force us to go through the 2008 list, then go through the 2009 list, 'cause I will suggest to you the 2009 list is probably about as stale as the 2008 list. I also kind of wonder, you know, if you gave me a list to do -- andl know every one of you have had lists before to get elected -- how long does it take you to make those calls? I'm interested, I'm not interested, I got a job, whatever. I'm sure it's more involved than think it is, but can't believe it's a week, two -week, five -week, nine -week process. So, Commissioner Gort, I hope you're still -- if you're not going to sponsor that resolution, I will be the sponsor of it. I will designate the City Manager to please bring that to the next Commission meeting, and it should be a resolution asking the Civil Service Board -- yes, ma'am. Julie O. Bru (City Attorney): If I may, Commissioner. You know, it's -- yesterday I had a discussion with my attorney who's handling this matter with the Department of Justice andl think Armando Aguilar, Jr. from the police department was also involved in this. But -- andl don't want to give you a definitive answer now, but don't think in looking at the civil service rules carefully and in looking at how it is that these registers are considered and the timing and all that, I don't think it's an issue anymore. I don't think -- I think that that rule applies to promotions. I don't think it applies to the registers that are established for hiring, although I understand that it may have been the past practice of the City. And indeed, I think that there's been an effort now going on by the police department -- and I'll defer to the police department -- to exhaust the June 2008 list, and after that happens, I guess the police department will make an administrative and operational recommendation as to whether or not going to the October 2008 list is going to be futile or, you know, counterproductive, and we can deal with that with the police department, ER, and then approach Justice on that. But I don't think the Civil Service Board now is relevant. Chair Suarez: Commissioner Gort. Oh, I'm sorry. Vice Chair Sarnofff. Can I finish? Commissioner Gort: No, no. Go ahead. Chair Suarez: Of course, of course. Commissioner Gort: Yes, yes. Vice Chair Sarnofff. And Madam City Attorney, I'm not the guy that talks about team work up here. It's just sort of not my genre. But I'm sort of glad we know that, but had we been acting as a team, we would have known that a lot sooner. I often wonder -- I mean, you have about 26 attorneys or -- I know you're a pretty staffed City Attorney unit. I don't know; when you guys have a question and you wonder can I legally do something, why not call the City Attorney, andl do it all the time; and I really know the answer, but I want her to tell me whether I'm right or I'm wrong. So there seems to be a real reticence from administrations -- and by the way, I see the same thing in a lot of different cities -- to call the attorney. You know, there's an expression in the private sector called advice of counsel. You actually get to say I didn't make a mistake; I had City of Miami Page 83 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 advice of counsel. Involve her in what you doubt. Involve her on issues where there are consent decrees. Involve her on issues of hiring and firing. It's a great practice to get into. Can I fire this person? I'd want her to say -- she's going to ask you a series of questions. She's going to tell you the answer, how you do it. Can I hire this person? Well, there's a consent decree. Well, there's a civil service rule. Andl know it's not the way administrations functions. But got to tell you, you know, I went to the Brickell Homeowners Association last night and I've been to other associations. I've been -- I share a community with Commissioner Suarez, and you hear about crime and you know, you get down to the issue and there simply aren't enough police on the street and you want to look at your chief some day -- and I happen to like this chief. Let me just put that on the record. But I want to be able to look at this chief some day and say, you have every resource you've asked for. Why -- are we getting it done? Great, chief we're down 22 percent. I just want to be able to say from our basis, none of you guys are going to -- except for you could -- none of us are going to carry guns and go out there and protect people; he is. We're going to give him the resource necessary to do it, andl just want to know that I've done everything in our power to give him every resource he wants, andl want to get there sooner than later. Chair Suarez: Commissioner Gort. Commissioner Gort: If you remember, we requested Administration to come back with the answer for the -- this one question and what can be done and what kind of resolution we can have to make sure that this does not happen because that's ridiculous. I mean, the list of 2008, it's been four years. I mean, the real good people already have jobs in some other place, so what's left is not the best of the -- from what I understand. Chair Suarez: Andl don't -- do you feel like you need to respond to any of it, chief or you're just here for questions or --? 'Cause I -- Manuel Orosa (Chief of Police): For questions and just one simple comment that -- Chair Suarez: Sure. Chief Orosa: -- since last Commission meeting, we met to try to get rid of that list. But since we opened the list, we need to exhaust it because it could be unfair to somebody on that list that's waiting and wants the job. So what we agreed to is we're going to continue to finish off that list and if the probabilities -- if it continues like we cannot get any candidates from that first list, then we're going to go back to DOJ (Department ofJustice) and say, listen, the second list is going to be about the same so we're going to kill it and we're going to open up a new recruitment drive for noncertifieds. Chair Suarez: Okay. Chief Orosa: And that's basically what we have agreed with the ER and the Attorney's office. Chair Suarez: Okay. And there's two things that I want to say and then hopefully we can move on. One is, I noticed the same mathematical quirk that Commissioner Sarnoff noticed when I was looking at the budget, which is that our regular salaries were under -- we're underperforming, for lack of a better word, and that our overtime was excessive, which to me means exactly what he said, which is that we could, in theory, have more police officers working regular time than what we currently have andl think that's what we should strive for. I mean -- you know, obviously overtime is needed in some specific context, but it shouldn't be a modus operandi. It should be, you know, the exception to the rule for whatever the circumstances are. It shouldn't be a situation where we have one budget that is exactly the same for overtime as it is for our regular salary and expenses. Because we're paying time and a half for that time versus regular time, we could have more -- and we're also requiring the same officers to be doing that City of Miami Page 84 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 work versus new, fresher, and more -- really, 'cause at the end of the day, it's not only just about freshness; it's about more. We want -- as Commissioners, we all want more. We want more police presence. We want more officers on the streets. And we all believe that that will, you know, make our society better. So you know, in response to the chiefs issue and the Commissioner's comments, I think there's just a frustration. Let's move, let's move, let's move. Let's just get things going. Let's get moving so we can get this thing done. Chief Orosa: Commissioner. Chair Suarez: Yeah. Vice Chair Sarnoff. Can I just say one thing. Chair Suarez: Vice Chair. Vice Chair Sarnoff. Because Fair Labor Standards Act, I know every employee out there believes you get time and a half as compensation because you worked that extra -- you know, more than that eight -hour, nine -hour day. It actually isn't -- and if you read the federal legislation, it is not to compensate the employee. It is to penalize the employer. And the reason you are to penalize the employer is to say you are not doing the American thing. You are not hiring the requisite number of employees that you should be hiring so that America has full employment. That is the stated purpose, the historical nature of the Fair Labor Standards Act. So when all of you go home and you say to yourself here's my overtime check and l feel compensated, what the Manager should be saying to himself is I failed. I got penalized by the government. And that is not a crack on you, Mr. Manager. Don't take it that way. But that is -- very few people know the underlying reason for the Fair Labor Standards Act. Chair Suarez: Commissioner Carollo. Commissioner Carollo: Yeah, real quick. And addressing what you said, Mr. Chairman. Andl saw Danny standing up, andl think what he was going to say -- again, I'm jumping the gun -- is that in his adjustments -- in mid -year adjustment, he could move some of the monies for regular salaries into overtime. But at the same time, even though that will be correct, Mr. Alfonso, what this Commission is saying, that's not the most efficient. So we need to hire those officers. Thank you. Chair Suarez: Any further comments from --? Chief no? Yes. Chief Orosa: I'm wary of whether to comment. Basically, since we put more officers back on patrol, we've gone from spending about a little over a thousand some odd hours of overtime in patrol to about like a hundred and forty, a hundred and sixty hours on patrol for overtime. That's one issue. The other issue is that keep in mind that the best analogy I can make is that we had a freight train of overtime going down the tracks and in September when I became interim, I basically left it alone because of the wishes of the elected body and everybody else for a while, and then in November I was told, hey, we need to do something so I put an end to the overtime in November. But once a train starts gathering the momentum, it's a little -- it takes a little time to stop it because overtime slips lag about three weeks, four weeks to be processed and come in. So it will probably be some time the end of this month, beginning of next month where we can see our true picture where we are with overtime, which is basically at minimum, and then we can go from there tweaking the system as we move forward. Chair Suarez: Thank you, chief. Is -- any further comments from the board? I don't think we can do anything more in the next five minutes, so I'm thinking of breaking for lunch until 2 p.m. and our executive session. We've gotten a lot accomplished. Good job, guys. Commissioner Carollo: Thank you. City of Miami Page 85 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 DI.2 11-01225 Office of Grants Administration DISCUSSION ITEM DISCUSSION REGARDING AN UPDATE ON THE ONE STOP CAREER CENTER PROJECT AT LINDSEY HOPKINS. 11-01225 Summary Form.pdf DISCUSSED Chair Suarez: DI1, monthly budget update. Mr. Alfonso, you're on. Commissioner Spence -Jones: So D -- I just want to make sure 'cause you say you were going to address two items. Did we --? Chair Suarez: Yeah. DI.2 was a discussion item related to the same topic. Commissioner Spence -Jones: Right, but -- Lillian, did you -- I'm sorry. Lillian, did you cover all the issues on when you're going to open -- when we're expected to --? Chair Suarez: Did you want to talk more about it from a discussion context 'cause I --? I'm sorry, I misunderstood. I thought that that was -- Ms. Blondet: No, no, no, that's fine. I mean, if you want, I can give you an update in other areas. Commissioner Spence -Jones: Yeah, just give us a quick update. Chair Suarez: Okay. Ms. Blondet: Okay. Chair Suarez: Right. Commissioner Spence -Jones: I mean, 'cause you were -- we were only talking budgetary issues, but I'm interested in knowing when we're looking at -- Chair Suarez: Yeah. Commissioner Spence -Jones: -- opening and how we -- did we get everything approved with being able to hire people now. All that stuff is stuff that the Commissioners -- Ms. Blondet: Yesterday afternoon we got the budget approved so now we can start with all the administrative matters, even though we have received great support from Budget that we're going to move the process, but we have to do everything. I'm creating the positions, going through the process of creating them in the system, budgeting the positions so we can start the -- we got to do that before we can start interviewing because we have to have money to pay for these people when we hire them. In terms of -- Commissioner Gort: Now let me ask you a question. If you recall, I think you're going to have a board of directors -- Commissioner Spence -Jones: Yes. Commissioner Gort: -- or advisory board -- City of Miami Page 86 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Spence -Jones: That's what I'm saying. I (UNINTELLIGIBLE). Commissioner Gort: -- and each one of us -- Ms. Blondet: Thanks for reminding me. Commissioner Gort: -- supposed to name someone. Commissioner Spence -Jones: Yes. Ms. Blondet: Thanks for reminding me, Commissioner. Thank you. There was another item -- thank you, Commissioner -- that we had that we had received in October. Commissioner Spence -Jones: Yes. Ms. Blondet: It was recommended that we had a board, advisory committee, and we're still waiting for names from some of the Commissioners, and we're probably going to start -- would like to start meeting with a group of people soon. Commissioner Carollo: Ms. Blondet. Chair Suarez: Yes. Commissioner Carollo: I'm sorry, Mr. Chairman. Chair Suarez: Yeah. Commissioner Carollo: Ms. Blondet, quick question. Or I don't know who to pose this question to. Would it be a conflict of interest if someone is nominated that is currently a board member of South Florida Workforce? And I'm not sure who to pose this question to. Ms. Blondet: This committee is just an advisory committee. Commissioner Spence -Jones: It's an advisory committee. Ms. Blondet: It's just an advisory committee. Commissioner Gort: It's an advisory. It's not a decision making -- Ms. Blondet: I'm not sure -- Commissioner Spence -Jones: It's not like a official -- Ms. Blondet: Ms. Legal Attorney. It's just that -- Chair Suarez: Legal. Commissioner Spence -Jones: It's just an advisory board. It's not an official -- Ms. Blondet: It's not a board per se that is being formed. It's just a committee. Commissioner Carollo: So, Madam City Attorney, if in the advisory board we have current members of South Florida Workforce or one of them -- I -- or if at least one of them is appointed that is a current member of the South Florida Workforce, if they accept, would there be any conflict? City of Miami Page 87 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Ms. Bru: Conflict with respect to -- I don't -- I need to know a little bit more. Commissioner Carollo: Well -- Chair Suarez: With respect to serving on both the boards. Commissioner Carollo: Right. Because the funding is comingfrom South Florida Workforce or at least a large part of the funding is comingfrom South Florida Workforce that has to be approved by their board. At the same time, they would serve as an advisory capacity to the City ofMiami. I don't know if there's some type of conflict, but always in an abundance of cautious [sic], I always, you know -- Ms. Bru: All right. But this is something that's not -- this is not a City issue. I mean -- Ms. Blondet: It would be an advisory -- as suggestion of the Commissioners, like an advisory committee to help us establish the -- Commissioner Spence -Jones: And to make sure they stay on track. Ms. Bru: An advisory committee appointed by whom? Ms. Blondet: By the Commissioners. Commissioner Spence -Jones: By the Commissioners. Ms. Bru: This Commission appointing individuals to serve in an advisory capacity. Commissioner Spence -Jones: Yes. Ms. Blondet: That's correct. Ms. Bru: To advise this -- the Commission? Commissioner Spence -Jones: Yes. Ms. Bru: And whether or not -- Commissioner Spence -Jones: To really advise -- Commissioner Gort: That's not my understanding. Commissioner Spence -Jones: Yeah. Ms. Blondet: To advise -- Commissioner Gort: My understanding -- and the person I name was -- come out of the corporation Burger King that hires a lot of people and trains a lot of people and that's why I selected this one individual. My understanding is that board member is to advise them -- Commissioner Spence -Jones: Yeah. Commissioner Gort: -- of the type of program they should have, what's happening in the industries, what are the changes that need to take place. City ofMiami Page 88 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Spence -Jones: Exactly. And making sure that, administratively, you know, things -- they stay on target, making sure the information gets out to the public so at least we stay in tune. I'd like to go ahead and proffer my name right now, so I -- because we keep saying we're going to do these committees -- Ms. Blondet: Yeah. Commissioner Spence -Jones: -- and we never give names. Ms. Blondet: Okay. Commissioner Spence -Jones: So I want to proffer Emanuel Washington -- Ms. Blondet: Okay. Commissioner Spence -Jones: -- that has worked with all the construction trades and already works with William Porro, because I want to get the process moving. So that's -- I'm going to proffer my name now. Chair Suarez: And I'll do the same. To get the process moving, I haven't spoken to the person, but I'm going to just go ahead and name him, and then if he's not -- doesn't want to do it, then I'll find someone else, but Chris Perez, Christopher Perez. Commissioner Spence -Jones: Okay. Commissioner Carollo: I don't want to proffer my name until speak to the person and verify, but there is no conflict if -- Ms. Bru: Well, I don't see a voting conflict because they're not voting. They're not doing business with their agency. And we would have to look at individuals and what their relationship would be to the funding source to see whether or not there's any private gain that's -- Commissioner Carollo: No. Ms. Bru: -- that inures to them. So I don't think that -- generally speaking, there would be no conflict. Commissioner Carollo: Okay. Thank you. Chair Suarez: Thank you. Commissioner Spence -Jones: So we have already -- you should have three names already from Ms. Blondet: Okay, yes. Commissioner Spence -Jones: --from three of us, so you have -- hopefully the other two will give you theirs as well. Ms. Blondet: We'll (UNINTELLIGIBLE). Commissioner Spence -Jones: So hopefully -- as soon as you get the other names, it would be great if you can gather those individuals so that we can begin to talk about it because at this point we're looking at opening the center when now? City of Miami Page 89 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Ms. Blondet: Hoping some time in April -- Commissioner Spence -Jones: Okay. Ms. Blondet: -- if we can finish construction and hire people or at least a core group of people, but those employees, the staff also has to be trained by South Florida Workforce and that, I understand, is about six weeks training. Commissioner Spence -Jones: Okay. The only thing would recommend, please do not allow those 26positions to become, once again, dumping grounds for the City ofMiami. We need to get people in there that are truly qualified that know -- I know you're not going to have that happen, but I'm just saying it for all those individuals that may be listening and trying to figure out who can be dumped there -- that the mandate is getting people that are qualified to really run the center and make sure things go properly. Ms. Blondet: The job descriptions are very specific in terms of what's needed. They also -- the salaries have to stay within a range that South Florida Workforce establishes so -- and we have a budget to maintain. Commissioner Spence -Jones: Okay. Ms. Blondet: You know, if we go over that budget in each salary that the person that we hire, then we'll have -- we won't have enough people to serve the clients. So let me go over some of the things that I think the Commissioners were asking about. In terms of construction, we got the contract from South Florida Workforce that's being routed. In the meanwhile, we're meeting with CIP (Capital Improvements Program) and the contractors to see how much -- how long will it take to do the improvements and the renovation and make sure that all that falls in place because until the renovation is done, we cannot move the people in and open the center. For that -- also for the renovation to start, we have to have the contract with the School Board signed. We're going to go back to South Florida Workforce and ask them about the dates are open to see if they can give us a waiver for those specific days. We have a list of the days so we'll do it more specific instead of a blanket when the school is closed. We'll just tell them specifically what days and maybe we can refer clients to other centers those days. In terms of -- Commissioner Carollo: And by the way, we do have another one stop center in the City of Miami -- Ms. Blondet: That's correct. Commissioner Carollo: -- on 27th Avenue and Southwest 8th Avenue. Chair Suarez: That's true. Commissioner Carollo: So on those days that maybe our center is closed, to avoid the twenty -some thousand dollars, they could go to that other one stop just for those days. Ms. Blondet: That's okay. We will follow up with that. In terms of personnel staffing, we're looking at different options with ER (Employee Relations). They suggested that maybe we can use a direct appointment instead of an opening recruitment process, especially for the most technical positions which are the top positions, like the Manager; that's someone that we need on board to be able to open on time and it has to be a very technical position since we probably don't have the depth of knowledge for this program in the City. Commissioner Spence -Jones: Thank you. City ofMiami Page 90 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Ms. Blondet: Let me see. Andl think that covers all -- Commissioner Spence -Jones: Only thing want to add, Mr. Chairman and Commissioner Gort -- again, commending you. I didn't realize that you were on the frontlines with this issue as well. The one thing that I talked about in our briefing with Willy Porro and Lillian is that as we have zoning related items come up, you know how we always ask, you know, what, you know, developers will proffer, you know, that we'll provide 20 percent of the jobs, 10 percent of the jobs. We really don't have a mechanism to monitor that happening, so I asked during my meeting with Willy Porro as a part of the Web site that we have, that you guys have already established, at least work along with Francisco from Zoning so that once that particular item is voted on and we actually make the recommendations or the recommendations are proffered, that the immediate step is for them to go online and register as a part of our work center to make sure that there's some follow-through on the commitment, because we can say this all day long up here sitting on the dais that we want people locally to be hired for these things, but if no one's following up on what we've committed to on the dais, it's not going to happen. So I think the best thing to do is to give people a system to at least log into and then to have a follow-up system. So I would ask that you guys begin to work along with Planning & Zoning on those issues so that at least we make sure that there's a seamless, you know, flow in that process. Ms. Blondet: Okay. Chair Suarez: Thank you. DI.3 DISCUSSION ITEM 11-01092 Department of Capital DISCUSSION REGARDING THE OPERATION OF THE MIAMI TROLLEY Improvements PROGRAM. Program 11-01092 Summary Form.pdf DISCUSSED Chair Suarez: D1.3 [sic]. This is going to be short, right, Mr. Sosa? Albert Sosa (Director, Capital Improvements Program): Yes. Chair Suarez: Okay. Mr. Sosa: Give me one second. Well, Albert Sosa, director of Capital Improvements. [Later...] Chair Suarez: So Mr. Sosa, you're recognized. Mr. Sosa: Okay, thank you. What we wanted to have was at the request of the Commission back in November to come back with a discussion item related to the Miami trolleys, our marketing and operations plan so that's -- we've prepared a short presentation for the Commission to -- for us to present this. Basically, our progress to date has been that we 've taken delivery of six trolleys already. We have six more that we'll be receiving in approximately two weeks. We've already begun installing the graphics on them. We had one here at the last meeting that had all of that together. We've been coordinating with different community stakeholders on the stop locations. We've already received this Commission's approval for the interlocal agreement with the County. The County is taking up the interlocal agreement at the next RTC (Regional Transportation Committee) in February and we are expecting a favorable disposition on that, City of Miami Page 91 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 and it will be heard by the full County Commission in the second meeting in February, and that should allow us to begin our operations in very early March of this year. We have our -- at the last meeting we have our trolley operator procurement contract approved with Limousines of South Florida and they're beginning to mobilize their efforts. Our marketing plan is centered on a phased launch. We're going to be launching one route at a time over the next few months. We're going to have an advertising campaign and pre -launch events surrounding each one of the routes as they come online. We're going to be doing a lot of direct marketing and publicity through the different stakeholders in the area. And there's going to be a limited production and distribution of materials, such as postcards and different maps, et cetera, that we're going to be distributing out to the community and it's going to be targeted at a large user group. Once each line is up and running, we're going to be doing survey and research basically of the ridership, who's riding it, what hours are they riding it, what kind of riders are we getting, what they would like to see with the service, so that'll be ongoing research we do on the initial phases as they come out, and this will be an ongoing effort as the different lines come out and as we expand our services. You know, we'll be using different tools from print ad to television to direct marketing to, you know, focusing on events within the community to really promote this service, so we'll be using a really broad approach to the marketing. The goal of the marketing plan is really to create an awareness for our trolley service. We want to highlight the features of it, that it's free, it's fun, it's accessible, it's frequent service, and it connects you to the major destinations. And we really want to promote this service to non -transit users. We feel that based on the surveys that we've done in different parts of the City, I think a lot of the users that we're going to be reaching are going to be non -transit dependent folks. It's folks that are driving into downtown or driving into the Health District and they want a different way to get around during the day. We've coordinated so far with many stakeholders in the community, including the University of Miami, the Downtown Development Authority, the Florida Department of Transportation, the Miami Marlins, and the Overtown CRA (Community Redevelopment Agency). These are all stakeholders within the initial service areas that we 've been working with to develop the stops and roll out our service, and they all have extensive networks of community groups that they work with that they're going to be pushing our message out to those folks. We'll be targeting employers, vendors, different -- you know, different approaches for each route; targeting commuters, workers in the area, in the Health District. There's a lot of visitors there that we're going to be targeting, tourists in the downtown area, et cetera. As an example our direct marketing campaign for the Health District, we're going to be launching an e-mail (electronic) blast to all the employees and workers that work there in the Health District. We're working with the University ofMiami and Jackson to set up posters at all the garages. There'll be a letter going out from the UM (University ofMiami) dean to all the employees there, and we're going to be incorporated into all their maps for the area. We'll also be having trolley maps at the front desk and we'll be distributing postcards. The most important part of our marketing plan for our trolleys is just really like a grassroots effort. We want to have these trolleys in as many places as possible at as many special events as we can. We have Calle Ocho coming up in March. We have a lot of special events in March focused on the new Marlin's stadium and the roll out of that. We want to go to where the food trucks congregate. We want to go to Heat games. We just want to go to as many different events within the community and actually take our trolley there and pass out our maps, pass out our different materials so that people can see them and get to know it and hopefully look forward to riding it and get educated on the service. That is what we feel is going to be the most important aspect of our marketing campaign. We'll also be doing publicity on TV (Television), different commercials on cable, as well as our own Channel 77, and we'll tie that into a testimonial campaign, tied into, you know, different members of the community, whether it's the Mayor of the City and the Commissioners, the UM president for example, perhaps some Heat players, some Marlins players, you know, get the message out there, really do those kind of testimonials, and different spots on cable. We'll be advertising on billboards throughout the City, posters on the bus shelters and different banners throughout the Health District area, for example. One of the things I wanted to show everybody is the maps that we're using are actually pretty neat. The maps that you see on the screen, we're using like a really fun interactive map 'cause it's not a traditional transit service. We really want to promote City ofMiami Page 92 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 it in a different way, so the maps are actually interactive. You can highlight the different areas of interest online or on your -- actually on your phone and it'll show you a Web site for that location, different hours of operations, what the -- you know, salient features about that location, so we're trying to market this in a different way than rather just like a linear map that just shows, you know, where the different stops are. So we're taking a different approach, and that's really our theme for this whole marketing campaign. Before I go into the operational side of the presentation, are there any questions related to the marketing aspects of it? Chair Suarez: Yes, Commissioner Spence -Jones. Commissioner Spence -Jones: I'm not going to be long on the issue. I just would ask that we have -- before we actually put a physical plan in from the marketing side of it, is if our office can touch bases with you and the CRA to make sure that we're on the same page so that any visuals that go out, you know, people are very comfortable with the images that they see. So I would just like to work with you on that. I think that -- I know that you have -- you mentioned Channel 77. I think Channel 77 is great 'cause that's the channel that we own, but it would be great to also consider somehow either radio in there somewhere andl think you need to look at, you know, definitely Spanish TV, Spanish radio, or something along that lines because that particular community is going to be impacted and we have to know how to communicate to that particular community as well, and of course I would say the same thing for Haitian radio as well, just so that people know -- that work in the Health District, they know that they can jump on these trolleys and go from place to place, and we can probably -- you know, you can figure out how you want to do that, but I just think that we can't do this without having radio in it, at least for the initial stages to get people involved. And then the other thing that l just would like to make a recommendation on is any way that we can, you know, do some sort of incentive cards, I think that's something we can maybe partner with the Bureau to provide some sort of trolley card or whatever, 10 percent off if you get the card when you get on, to get 10 percent off local restaurants that are on the route so one that drives business into those particular areas as we go, I'm sure the restaurants will enjoy that. Most of these people are looking for places to go to eat and now I think that if you use that as a means of you know, driving people to take the trolleys to try something different to eat or something along that lines, that'll at least get the people out of the hospital because most of them really only eat in the hospital. There's only two places, McDonald's and Subway. For the most part, that's where they go. So I think that if we can use that as a part of launching it off to get them to explore other areas, I think that could be a great first start, but I'd like to work along with you in doing that. And then last but not least, I think that whatever we do -- you know, this job thing is huge for us, so before we decide to hire anybody or do anything, I'm sure all the Commissioners would like to know so that, you know, we can also get the word out to our community to come out -- our communities to get them to come and apply for whatever those positions are so that they could participate in it as well. Chair Suarez: Commissioner Gort. Commissioner Gort: You know, work out a meeting with the Communication [sic] Department and you should have one tour one day for the press. Commissioner Spence -Jones: Yeah. Commissioner Gort: Invite a press to ride along and take him with you and give him the routes. Chair Suarez: Thank you, Commissioner. Commissioner Sarnoff, do you have any questions on the marketing? Vice Chair Sarnoff Not so much on mark -- well, first of all, how many -- what's the delivery schedule? How many do you have now? City of Miami Page 93 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Mr. Sosa: Right now I have six. We'll have 12 within 2 weeks. Vice Chair Sarnoff. All right. I thought we had 12 now, approaching 14. Mr. Sosa: I have 12. By the end of the month, first week of February I'll have 12, then I have another 3 coming August approximately, and then another 16 coming in December/January. Vice Chair Sarnoff. And I didn't see anything about Brickell. Is it your intention -- when does Brickell go up online? Mr. Sosa: We have Health District/Stadium slated for March as kind of like our pilot. We expect to really begin full service there, March/April. We want to follow each route, including Brickell, Biscayne, and then the Overtown/Health District one to two months after that. So we want to have like a phased approach to the roll out to give us a chance -- like a learning curve per se. Vice Chair Sarnoff. Okay. Chair Suarez: Thank you. Is there -- you want to talk about the operations as well? Mr. Sosa: IfI could answer -- Chair Suarez: Sure. Mr. Sosa: -- some of the questions. We're definitely going to have a TV commercial campaign, as well as a radio campaign. Through our Communications office, we're actually developing -- in February we're going to be developing 30-second advertisements that we can use through either Comcast Cable or the different, you know, marketing -- TV marketing outlets that we have and we can work a radio component into that. That's absolutely true. In terms of the jobs, a question that you had, Commissioner Spence -Jones, since it is a phased approach, initially it'll be approximately 10 jobs and that will grow at peak, meaning, probably in about 16 months it'll grow to -- up to 40 to 50 employees. We're meeting next week with Limousines of South Florida, our operator, to start working on a job fair. We have that meeting scheduled -- can't think right now the date, but it's next week, and we'll work with William Porro as well to get it coordinated correctly. Andl definitely think it's a great idea having a press tour, you know, a day on the trolley, I think that's great. Commissioner Spence -Jones: I love that. That's a great idea. Mr. Sosa: We can definitely do that. Chair Suarez: Thank you. Thank you, Mr. Sosa. I just hope that we have some space on the -- on them for some Believe magnets. I think we can put some Believe magnets on there. Mr. Sosa: I think we can fit them on there. Chair Suarez: You know, I think all the suggestions are good. I don't know if you have any other -- yes. Mr. Sosa: I wanted to -- Chair Suarez: Go ahead. Mr. Sosa: -- briefly go over the operations, ifI may. We talked about the trolley delivery schedule. We have 12 now or within 2 weeks, we'll have another three mid year, and then we'll have another 16 in December of this year or January of next. So our approach to phasing the City of Miami Page 94 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 service also coincides with the availability of trolleys. You know, we intend to roll out phase one. We'll be 100 percent rolled out by the summer of this year. Phase 2, which includes the Overtown/Allapattah route, as well as the Coral Way route, we're expecting those to be rolled out very late this year and into the spring of 2013. The different routes that we had discussed before are still the same routes that we're talking about. We're also looking -- I said as part of the marketing plan, we'll be doing a lot of research on the initial riders to see if we need to tweak the routes. You know, maybe we're -- we need to go a block over on one or a block less on this way. We'll figure that out as we get riders on it and really tweak the system. We're getting a lot of positive feedback from different user groups. MiamiDade College, for example, they run a trol -- not a trolley. They run a shuttle from the Culmer station to their campus in the Health District. Once we implement our route there, they'll be able to -- we run a lot more than they do. They run at about 30- to 40-minute headways. We'll be running at 20-minute headways, so they see it as a very positive thing for their campus. So we're getting a lot of that type of feedback, a lot of synergies with different groups in the area that are working groups in these areas. At the last Commission meeting when this -- when we had this discussion was in November, one of the items that we discussed were the different operating hour scenarios. Initially, the thought was to have only running daytime hours basically, 6: 30 to 6: 30; we stretched it to 6: 30 to 7. We'll call that scenario A. Then the way we approved it was actually running on the Health District/Stadium route as well as the Brickell/Biscayne route, running on up to 11: 30 at night, and there were some questions as to what the operational impact for that would be, and that was a lot of the studying that we did internally, you know, tweaking the headways, andl think we got a very favorable result, which is what want to share with you all. The difference between scenario A and scenario B, scenario B being the extended operating hours on those two routes, is less than $300,000 a year so it is not a huge impact to us andl think we can accommodate it. When you look at frequency of service, the way that we've worked out our operating plan, during peak periods we will be running depending on the route. It's going to be 10- to 15-minute headways. Then once we go off peak, evening service for example, it'll get up into the 20-minute range, and we do that to save money so that once it's off peak in the evenings, we can take a trolley off the route and be able to economize a little bit. The graph that you see in front of you, what it's depicting the two lines are when we project to run out of cash. We currently have a pool of cash in the bank from the half -penny transit surtax. If you notice, for the first three or four years it actually grows, and the reason that happens is that for the first three years, FDOT (Florida Department of Transportation) is subsidizing 50 percent of our operating costs on three of our routes so that allows us to increase our bank per se. Once those FDOT subsidies run out, we actually begin to draw that cash down. And what you'll notice is that the top line is running the reduced service, the bottom line, the red one, is actually running the extended hours on the two routes. So it does make a difference but that doesn't make a difference for the first 25 to 30 years. I mean, you're looking at a difference that's not way out there, but I mean, it's beyond the short-term planning horizon. That dollar sign you see right in the middle of the graph, what we were trying to illustrate there is that that's the point in time at which our trolley fleet will need to be renewed. Trolleys typically last between 10 and 14 years, depending on how you -- how much use you put into them. So at that point we'll have to figure out a way to inject capital into the system, whether it be through additional bonds or some other fashion to renew our trolley fleet. But other than that, we project that we have a system that will function and will be self funding well into the late, you know, 2028, 2029, that kind of time frame. We're projecting our operating costs to be approximately $2.9 million per year for the extended service scenario. Our PTP (People's Transportation Plan) funds cover $2.1 million of that estimated. So we have an annual drawdown of our cash bank of approximately $800, 000. So in year 2030, for example, we would have to consider increasing the percentage of PTP funds that we allocate towards transit from 20 percent to, say, 30 percent and that would, in effect, make this system self -funding for perpetuity. You know, some key assumptions we made were on fuel costs and the amount of revenue we would get from advertising on the vehicles and the FDOT matching funds I discussed earlier. With that, I'd like to open it up to any questions on the operating plan. Chair Suarez: I just want to commend you. City of Miami Page 95 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Gort: Mr. Chairman. Chair Suarez: I think you've done a wonderful job. Commissioner Gort, you're recognized. Commissioner Gort: Can you go back to the other -- the slide that you just showed. Mr. Sosa: This one? Commissioner Gort: Those figures, the draft you show where we run out of money is taking this in -- Mr. Sosa: Yes. Commissioner Gort: -- consideration? Mr. Sosa: These are the assumptions we've made to -- Commissioner Gort: Go back to the assumptions, okay. Well, I think we got to start working on improving those andl believe very important, I think we should try to look at it to become self-sufficient. Mr. Sosa: Oh, absolutely. Chair Suarez: And let me just say on that point, Commissioner Gort, that I've been approached -- I was approached most recently by the Magic City Casino and they were -- their basic approach was, look, we're willing to sponsor a route. And actually, I had another gentleman come in and say he wanted to start his own routes as well in conjunction with the City's routes, so I think there's a -- there's definitely an appetite by the business community. Like you said, they're super excited about this. I think it's not only the public institutions, but the private institutions. I know on Brickell also there's a couple of people that I know that have opened up restaurants that are -- that were going to provide their own trolley service at their own cost. So my guess is that as long as we go to the business community as quickly as possible -- Commissioner Gort: Yes. Chair Suarez: -- and take advantage of the opportunities when we have them. If somebody says they're willing to sponsor a route, let's take advantage of that. Let's follow up with them and let's get it going and let's figure it out. You know, what I told them was, look, it'd be great to have either, one, a route that goes straight up and down 8th Street or up and down Flagler and then connects just like, you know, our Coral Way line will deviate and connect to the Marlin's stadium just like the Health District line will deviate and connect to the Marlin's stadium as well. You know, if they're willing to subsidize a portion of that, you know, it's in our best interest to follow up on that. Commissioner Spence -Jones: I know that also we met with the Convention and Visitors Bureau and we've already -- you and have already talked about doing some test pilot in the month of June for Saturdays and Sundays, which is a down route for the trolleys because this is really centered around more business activity. But the thought was to partner with the Convention and Visitors Bureau to do these cultural tours in Little Havana, Little Haiti, and Overtown. So I want to make sure that we're also moving in that direction for the month offune. So I just want to keep that in consideration as well. And again, the focus is to make sure the small businesses in these particular communities have the opportunity to get some of that cruise line business that comes in for that Saturday or that Sunday and they're looking for an excursion, the City ofMiami now can offer them that and we can -- for them -- for those individuals that want to use it strictly City ofMiami Page 96 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 for that, we should charge a fee. Mr. Sosa: Agree. Chair Suarez: Thank you. Thank you, Mr. Sosa. You did a great job. Mr. Sosa: Thank you. DI.4 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 NO ACTION TAKEN Chair Suarez: I -- the -- Commissioner Carollo asked that we table D1.4 [sic] until he returns, which is the election cycle discussion. So I'm going to go to PZ.2. Mr. Garcia. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS 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 (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 INATWENTY-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 02-23-12 Fact Sheet.pdf 11-00910ww Analysis (New), Maps & Sch. Concurrency.pdf 11-00910wwApplication & 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 City of Miami Page 97 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 PZ.2 10-00296cm 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 Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo Note for the Record: Item PZ.1 was deferred to the Commission Meeting scheduled for February 9, 2012. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A MODIFICATION TO A DECLARATION OF RESTRICTIVE COVENANTS DATED NOVEMBER 11, 2010, AND RECORDED IN OFFICIAL RECORDS BOOK 27791, PAGES 0430-0435, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTY LOCATED AT APPROXIMATELY 350 NORTHEAST 56TH STREET, MIAMI, FLORIDA. 10-00296cm CC 02-09-12 Fact Sheet.pdf 10-00296cm Analysis, Maps & PZAB Reso.pdf 10-00296cm Application & Supporting Documents. pdf 10-00296cm Legislation (Version 3) & Exhibits.pdf 10-00296cm-Submittal-Ben Fernandez -Item PZ.2 01-26-12.pdf LOCATION: Approximately 350 NE 56th Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Ben J. Fernandez, Esquire, on behalf of Howard and Marlene Schimmel, Owners FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on December 14, 2011 by a vote of 7-0. PURPOSE: This proposed modification will amend certain restrictions to the existing covenant. Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo Note for the Record: Item PZ.2 was deferred to the Commission Meeting scheduled for February 9, 2012. City of Miami Page 98 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Chair Suarez: PZ.2. Francisco Garcia: Yes, sir. Francisco Garcia, Planning and Zoning director. Item PZ.2 is a request by way of a resolution before the City Commission of a covenant modification for a property located at 350 Northeast 56th Street. This covenant modification comes as a result of the fact that the original rezoning of this property under zoning ordinance 11000 was from zoning designation R-2 to zoning designation C-2. That was approved by the City Commission and the covenant basically restricted the height of the component of the structure that was to be built in R-2 to three stories. They are now requesting that since the zoning has changed under Miami 21 -- and the zoning is presently T5-L, which would allow for a height of five stories -- they are asking that the restriction in the covenant be changed over to a restriction that speaks in terms of feet to 53 feet, which under Miami 21 is also three stories. That's all have by way of presentation. 171 answer any questions you have, andl believe that the applicant has a presentation he'd like to make as well. Chair Suarez: Thank you, Mr. Garcia. Mr. Fernandez, you're recognized. Ben Fernandez: Thank you, Mr. Chair. Good afternoon, members of the Commission. Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of Howard and Marlena [sic] Schimmel, the property owners. This is an application that some of you may recall came before the Commission almost two years ago for a rezoning. The application was submitted under the 11000 zoning ordinance and the covenant that corresponded to the application was drafted along those lines, limited the maximum height of the project to three stories. We're here today asking for a modification of that covenant, not to increase the height of the structure in any way but simply as a result of the fact that the definition of height under Miami 21 is measured by a floor to ceiling internal measurement so that if any particular story exceeds 14 feet, it counts as two stories. So it is impossible for us to comply with the three-story requirement under the original covenant and we need the modification to describe that external height as a function of feet versus stories and that's why we're here. The envelope of the building hasn't changed in any way. What has changed is that there are some mezzanines that you can see on the exhibit. Andl have with me, I should add, Ms. Chloe Kadesh of Studio X Architects, the project architect, who can answer any questions about the internal reconfiguration of the structure. But that's the purpose of our application and we're here to answer any questions. Chair Suarez: Thank you, Mr. Fernandez. Coming back to the Commission, is there a motion? Commissioner Spence -Jones: Actually, it's in my district. I just have a -- we did meet on this item so I don't want Francisco to feel like, Commissioner, you were okay with it. I just want to get a little clarity on it, Ben. 'Cause as I'm looking at it again, right, I remember a project being around this same area that the builder or the developer -- andl don't know if it was actually your client -- Do you remember me working on this item? Mr. Fernandez: No. Commissioner Spence -Jones: And it was -- one of these spaces was going to be green spaces. They were to create a -- Mr. Fernandez: Yes. Actually, initially -- you're correct. At the very beginnings -- and that's still the case and we can describe that to you because there are two relatively mature oaks on the vacant parcel that abuts the industrial site and the whole concept of the plan was to preserve those oaks. So the plan has been designed -- is sort of a horseshoe -shaped footprint in order to ensure the preservation of those oak trees. If that's what you're recalling, that is the same project. City of Miami Page 99 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Spence -Jones: No. I recall something a little different, but the reason why I'm looking at it now is because I know that the building that's on the railroad tracks on -- which is the huge big -- Mr. Fernandez: The Pinnacle workforce housing building. Commissioner Spence -Jones: -- Pinnacle, right. I remember the residents were having a huge issue with this because it encroached actually on the neighborhood residents. And this particular area where we're talking about today actually now takes you into the neighborhood, you know, where the houses are. Mr. Fernandez: Yes. Commissioner Spence -Jones: Andl remember something to the effect that this area would -- because the lot -- where the lot ended of the Pinnacle project, that they would not -- we would no longer allow for anything to go beyond that point and it looks like it's doing that. Now I do know that Francisco andl talked about it in that it was already zoned -- correct me, Francisco -- we're already zoned to go three stories, correct? Mr. Garcia: At present, Commissioner, T5-L zoning designation allows five stories. Commissioner Spence -Jones: Right, but -- okay. I guess this is what I'm trying to understand. This is what it was in the very beginning, correct? Mr. Garcia: That is correct. Commissioner Spence -Jones: Okay. Andl remember it being this way because it was very clear -- the residents were very vocal about this big building going over there. I'm sure you know. This is not unfamiliar to you. So now when we have the Miami 21 change, it's just very odd that now we're now encroaching beyond what we originally agreed it would be. Mr. Fernandez: Well, remember, this is not the same block as the Pinnacle building. Commissioner Spence -Jones: It's -- no. I know where that one is because I know that that -- I know exactly where it is. It's the block above it. Mr. Fernandez: That's correct. Commissioner Spence -Jones: Right. But what I'm saying to you -- you know exactly what I'm saying to you. Mr. Fernandez: Well, I'll tell you -- Commissioner Spence -Jones: Can I show you? Mr. Fernandez: Commissioner, no. I know what you're saying. Commissioner Spence -Jones: So I'm trying to understand -- I know you're saying with Miami 21 now -- it just looks very odd. Let me tell you why it looks odd. It's almost as if this particular property in Miami 21 was carved out and that to me doesn't -- Mr. Fernandez: But it -- Commissioner Spence -Jones: It looks a little (UNINTELLIGIBLE) 2: 42: 00. City of Miami Page 100 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Mr. Fernandez: The reason that it may appear that way is because the part of the puzzle that you're not seeing now is this one. Actually, I'll just explain it to you 'cause it's back there. I won't bore you with it and you know this because you've seen it. Across the street from the Pinnacle project, you have an existing one-story industrial building, which is owned by the same owner of this lot. So the idea was that that owner wanted to redevelop that existing building with a live/work product and they wanted -- Commissioner Spence -Jones: Yeah. I love the product. I think it's a beautiful building. Mr. Fernandez: Right. Commissioner Spence -Jones: And guess what? In that area because of all of the artist -driven stuff, we need it. Mr. Fernandez: Right. Commissioner Spence -Jones: But I also remember -- again, I'm trying to go back two -- I didn't really -- Mr. Fernandez: Right. Commissioner Spence -Jones: -- it didn't really dawn on me until you said over two years ago. Mr. Fernandez: Right. Commissioner Spence -Jones: For some reason, I was thinking this was just a new project. Mr. Fernandez: Right. Commissioner Spence -Jones: But when you said two years ago, it triggered me really looking at it. And mean, I could pass it down and show you. Mr. Fernandez: Well, but my point is that -- Commissioner Spence -Jones: It just looks like -- when you look at the line -- when you look at what it was originally, which I supported it being, right, to give the neighbors the comfort of not having to worry about these projects -- Mr. Fernandez: Right Commissioner Spence -Jones: -- infringing on their single-family homes -- but can you admit to me that it looks like in Miami 21 we literally just carved it out to -- for them? Mr. Fernandez: If you only look at it without looking at the covenant. But if you look at it with the covenant, then you understand that it is transitional because the covenant limits the height. And the only reason that it was rezoned is because the T3 zoning district would not allow us to have a live/work product. So the argument at the time that the rezoning was approved was that by virtue of the rezoning to T5 -- which I agree with you, looks like a carve out, but that's the only way that we could allow the live/work product on the entire parcel that's owned by the same owner. And -- Commissioner Spence -Jones: I just -- I understand what you're saying. Mr. Fernandez: Yeah. City of Miami Page 101 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Spence -Jones: It's like -- just in, you know, a spirit of Iran -- you know, it just doesn't look good, you know. It looks like whenever we were doing these Miami 21 maps, someone said this one particular parcel, I'm okay with everything else, but let's find a way to make sure -- Mr. Fernandez: But again, Commissioner, my point is that's the zoning that exists today. What we're here for is for the limited purpose of adjusting the project, the interior floor layout of the project, the height -- we're not asking for an increase in height. We're not asking for a rezoning. We're not asking for a variance. We're not asking for anything that would modify what has already been approved in terms of the impacts to the surrounding neighborhood or the entitlements that the property has. That's not the nature of our application. It's simply to add mezzanines to the units to make them a better product. Commissioner Spence -Jones: I just -- I don't -- I really don't like the way it looks. I mean, it's -- Mr. Garcia: I'd like, Commissioner, to make an additional statement in case it might help and to try to clarify. Because there is an intermediate step that don't think is appropriately reflected on the record, which is that from the original configuration that you see there that has a straight line between what was under 11000 -- Commissioner Spence -Jones: Yeah. Mr. Garcia: -- C-2 and R-2, there was subsequent to that as an intermediate step a zoning change that took that one first lot that is R-2 and converted it to C-2. And when that zoning change was approved is when the original covenant was put in place, which restricted the height to three stories. Chair Suarez: Under 11000. Mr. Garcia: Under 11000. Chair Suarez: Well, that's pre Miami 21. Mr. Garcia: That's pre Miami 21. And then Miami 21 took that reality and reflected it as it moved forward and that's why you see the notch out that you see there. What Miami 21 does is it said -- and this is, again, two years and change ago -- is it took that one lot, the odd lot that sort of breaks the line and said, here, we're going to do T5-L knowing that there's a covenant in place that restricts the height to three stories, which brings us to the present when what they are saying is we had three stories. We need to make sure that under Miami 21 these three stories translate into three Miami 21 stories and that I think brings us to today. Chair Suarez: And ifI may, Commissioner. Commissioner Spence -Jones: I just -- I'm just uncomfortable with this. Chair Suarez: Okay. Commissioner Spence -Jones: I need a little bit more time on this, Ben. And know that -- you know, I told Francisco -- I gave him my word that, you know, we would, you know, work these things out in our briefings, but also, you know, I have a duty and a responsibility. Mr. Fernandez: I understand. Commissioner Spence -Jones: IfI in any way feel uncomfortable about something, you know --I just feel uncomfortable about this. So I would like to, you know, just defer this item if you don't City of Miami Page 102 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 mind and -- Mr. Fernandez : Sure. Commissioner Spence -Jones: -- I can't talk to you about the item, but I will continue to talk to Francisco. And Francisco, if you can provide me -- again, I thought this was a brand-new item Mr. Fernandez: Understood. Commissioner Spence -Jones: -- but you reminded me, Ben, that -- for some reason, I'm also remembering this same person agreeing to put green space in that community to make sure that the community felt comfortable with what was happening in the area. Andl don't know if that ever happened. I just feel like this is the same thing. So if you can, please provide me with all of the original documents from this item coming in front of the City Commission -- Mr. Garcia: Gladly. Commissioner Spence -Jones: -- so that could see exactly what commented on and -- 'cause I remember residents having a real issue with this. And l just don't want to vote on things that I'm not comfortable with. Mr. Fernandez: I'll be happy to provide that to the director as well. Chair Suarez: Commissioner, is your deferral to the next Commission meeting or the next Planning and Zoning? Commissioner Spence -Jones: Yeah. We can do it the next -- I'm fine with the next one. Chair Suarez: Okay. It's -- there's a motion by Commissioner Spence -Jones to defer PZ.2 to the next Commission meeting. Is there a second? Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. All in favor, signifi, by saying aye. The Commission (Collectively): Aye. Chair Suarez: Motion passes unanimously. PZ.3 RESOLUTION 11-01047xc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED, "ALCOHOLIC BEVERAGES" AND ARTICLE 4, TABLE 3, OF ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ENTITLED, "BUILDING FUNCTIONS: USES", AS PERMITTED BY EXCEPTION IN SPECIFIC URBAN CORE ZONE "T5-O", TO ALLOW A SUPPER CLUB TO SELL ALCOHOL UP TO 5:00 AM, SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE PROPERTY LOCATED AT APPROXIMATELY 59 NORTHWEST 36TH STREET, MIAMI, FLORIDA. City of Miami Page 103 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 11-01047xc CC 01-26-12 Fact Sheet.pdf 11-01047xcAnalysis, Maps & PZAB Reso.pdf 11-01047xc Application & Supporting Documents.pdf 11-01047xc CC Legislation (Version 2) & Exhibit.pdf 11-01047xc-Submittal-Proposed Ground Floor Plan.pdf LOCATION: Approximately 59 NW 36th Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Louis J. Terminello, Esquire, on behalf of Bistro at LMNT, LLC; Lessee FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions*. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with conditions* to City Commission on December 14, 2011 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow a supper club to sell alcohol up to 5:00 am. Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0042 Chair Suarez: PZ.3. Francisco Garcia (Director, Planning): Thank you, sir. Item PZ.3 is a request through a resolution before the Commission for an exception. This is at a property with the address of 59 Northwest 36th Street and the exception is for a supper club. The application was recommended favorably by the Planning, Zoning andAppeals Board by a vote of 7-0 and it is also being recommended favorably by staff. This happens to be fronting 36th Street, which is a major arterial corridor in the area. There has already been some remodeling done in the building, you know, as of right, which we feel is very appealing and I'll defer to the applicant to make his presentation and answer any questions you may have. Chair Suarez: Sir, you're recognized for the record. James Rauh: Good afternoon, Mr. Chair, honorable Commissioners. James Rauh, with offices at 2700 Southwest 37th Avenue, here on behalf of the applicant, Bistro at LMNT, T,T C (Limited Liability Company). Here with me today is Gino Tozzi, who is the managing principal of the entity and also the operator of the venue. As your staff has mentioned, we received the unanimous recommendation of approval your PZAB (Planning, Zoning andAppeals Board) and we're here before you all today for final approval. This venue is within an existing structure which was completely renovated by Mr. Tozzi, resulting in the adaptive reuse and improvement to the structure. Your professional staff has recommended approval, and we'd ask that you grant this application today. What I'd like to do is leave this open for any questions you all may have, but I didn't want to give you a long presentation unless you had questions about it. Commissioner Spence -Jones: I would just like to see what the project is if -- is there any -- do you have any --? City of Miami Page 104 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Mr. Rauh: Although we don't have a board, there are plans in our application. I can give you a copy. Commissioner Spence -Jones: I'm just curious as to what it's -- when you say supper club, what does that mean. I just would like to see what's happening. Mr. Rauh: Sure. Let me -- Commissioner Spence -Jones: Madam City Clerk, does he need to give it to you first or he needs to --? Is he just --? Priscilla A. Thompson (City Clerk): If he -- if you're asking to see it, he can show it to you as long as we get a copy of it. Mr. Rauh: Okay. Chair Suarez: Are you going to introduce it into the recordl guess is the question. Does it matter? I guess he should -- Mr. Rauh: Sure. Chair Suarez: -- if he's going to show it to her, yeah. You may approach. Mr. Rauh: Thank you, Mr. Chair. I'm going to use the reduced size. Mr. Garcia: Just because it has not been mentioned yet, I wanted to say for the Commissioner's consideration that the supper club use, of course, entails the serving of alcoholic beverages until 5 in the morning and that there are noise mitigation components to the design that will be factored into the building permit process. Commissioner Spence -Jones: These are the physical plans? This is what it's going to look like when you guys complete it? Mr. Rauh: Yes, ma'am. Commissioner Spence -Jones: Okay. Mr. Rauh: Yes, ma'am. Commissioner Spence -Jones: So it's a combination of a recording studio -- explain to me what the project is. Mr. Rauh: Let me go over that for you -- Commissioner Spence -Jones: Yeah. Mr. Rauh: -- and give you a little -- Commissioner Spence -Jones: 'Cause it states recording studio, studio, studio, studio. Mr. Rauh: Let me go over that with you -- Commissioner Spence -Jones: Okay. Mr. Rauh: -- and give you a little bit more information. I think what's really important about City of Miami Page 105 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 this project is it's really -- this supper club, which is the bistro, is really planned in conjunction with a cultural arts center so within the structure -- not in the bistro, but within the structure, there's an art gallery, there's small artist studios where artists can do their work, a little over 300 square feet each. There's a recording studio. There's a photo and video studio, and then there's the bistro area. So what's nice is not only did Mr. Tozzi substantially improve and renovate the building both inside and outside, but in addition it gives a cultural arts aspect to the venue and to this area where it's appropriately placed. Ultimately, although it's not directly relevant right this second, he has a vision for part of this artistic institution to have a nonprofit component. I only mention that because I wanted to give you a full view of the project. But it's really to be utilized in conjunction with the cultural arts center, so that's why he needs a supper club use. Commissioner Spence -Jones: Okay. It's in my district. First of all, I love the concept. I had no idea that it was a recording studio and the additional things that was added. I think it's a great place for artists. You know we're really trying to build up the whole Wynwood area and of course everything that's happening the Design -- by the Design District, so I think it's awesome that it's happening. And I'm sure those businesses in those areas are going to really appreciate having people come there, not to mention the number ofjobs that are now going to come because you're opening this space, and we're talking about from the standpoint of you know, culinary, hospitality and those kind of things that are really, really important. So I support that 100 percent. I would ask that you guys definitely, you know, reach out to, you know, the Culinary Institute and the Hospitality Institute to get people to work. When are you looking at having this facility actually --? Mr. Rauh: We would like to have everything up and running by the end of February -- Commissioner Spence -Jones: Oh, end of Feb -- Mr. Rauh: -- if you all approve us today. Commissioner Spence -Jones: Okay. Are they -- also, they're already in the midst of building it? Mr. Rauh: The venue is built out. Commissioner Spence -Jones: Oh. Mr. Rauh: It has a certificate of occupancy. Commissioner Spence -Jones: Okay. I would like to come by and definitely -- and check it out. Mr. Rauh: Absolutely. Commissioner Spence -Jones: But I definitely support it happening. The only question I had -- Mr. Rauh: Sure. Commissioner Spence -Jones: -- was the issue of alcohol being served to 5 a.m. Mr. Rauh: Correct. Commissioner Spence -Jones: Okay. I think you -- there's going to be an amendment, right, Francisco, on that? Mr. Garcia: To the extent that it's a concern, other action that has been taken previously is to ensure basically that at 5 o'clock in the morning the operation is finally concluded and that typically presupposes that the last call takes place sometime in advance. City of Miami Page 106 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Spence -Jones: So we talked about 4 a.m. in the morning. That would be the compromise. Mr. Rauh: So you (UNINTELLIGIBLE) 2:54:11 make sure that the last call is at 4 a.m.? Commissioner Spence -Jones: Yes. Chair Suarez: And that the club closes at 5. Commissioner Spence -Jones: Yes. Vice Chair Sarnofff. Yeah. I think we call it -- Commissioner Spence -Jones: Is that okay? Vice Chair Sarnofff. -- hard closure. Commissioner Spence -Jones: Okay. Mr. Rauh: We would be in agreement with that amendment. Commissioner Spence -Jones: We don't want you drinking until 6 o'clock in the morning. Mr. Rauh: No. That's not the -- Commissioner Spence -Jones: Then I'm going to put Sarnoff on you. Mr. Rauh: Understood. Vice Chair Sarnofff. I support hard closures at 5. Chair Suarez: Commissioner, is that a motion? Commissioner Spence -Jones: That's a motion. Chair Suarez: It's a motion by Commissioner Spence -Jones, as amended. Is there a second? Commissioner Gort: I'll second. Commissioner Carollo: Second. Chair Suarez: Second by Commissioner Carollo. It's a public hearing. Anyone from the public like to speak on PZ.3? Anyone from the public? Seeing none, hearing none, the public hearing is closed; coming back to the Commission for discussion and a vote. Any further discussion? Commissioner Spence -Jones: So move. Chair Suarez: It's been moved and second. All in favor, signift by saying aye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. PZ.4. Ms. Thompson: As modified. City of Miami Page 107 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Chair Suarez: As modified. Mr. Rauh: Thank you, Mr. Chairman and Commissioners. PZ.4 ORDINANCE 11-006991u Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN FOR THE REAL PROPERTY LOCATED AT APPROXIMATELY 230 SOUTHWEST 3RD STREET, MIAMI, FLORIDA, FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-006991u CC 01-26-12 SR Fact Sheet.pdf 11-006991u Analysis, Maps, School Concurrency & PZAB Reso.pdf 11-006991u Application & Supporting Documents.pdf 11-006991u CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 230 SW 3rd Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Javier F. Avino, Esquire, on behalf of 230 SW 3rd St LLC, Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 5, 2011 by a vote of 8-0. See companion File ID 11-00699zc. PURPOSE: This will change the above property to "Restricted Commercial". Motion by Commissioner 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 13305 Francisco Garcia (Director, Planning): Thank you, sir. Items PZ.4 andPZ.5 are companion items. These are located at 230 Southwest 3rd Street and this might be familiar to you as the parcel immediately north of the Miami Riverside Center, where the City's administrative offices are located. This is a request for rezoning -from the present designation, which is CI or civic institutional, to the other zoning designation that is actually abutting this property, which is T6-36B-O. The Department of Planning and Zoning recommends approval and the Planning, Zoning and Appeals Board also recommended approval by a vote of 8-0. I'll yield to the City of Miami Page 108 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 applicant for a presentation and respond to any questions you may have. Lucia Dougherty: Good afternoon, Mr. Chairman, members of the Commission. Lucia Dougherty, with offices at 333 Avenue of the Americas. As Francisco said, this is immediately adjacent to the administration building, and prior to Miami 21, the property was zoned high -density mixed -use residential commercial, so it's sort of the opposite of what you were talking about in the last hearing, Commissioner. So what happened is that under Miami 21, they rezoned the property to CI, which allows hospitals and schools and FP&L (Florida Power & Light) substations and city halls, but it's an unreasonable use for a private property owner, which it was in -- before Miami 21, so it was simply a mistake. It's not a mistake that's unforeseeable, however, because there is a lot of CI uses around there, so the City thought that this was -- probably they thought it was City property, but it's not; it's privately owned. So with thatl could tell you a little bit about what is planned in the future if that's something you want. Commissioner Spence -Jones: Yes. I would love to see that. Ms. Dougherty: Okay. Well, this is a pretty unique property in this respect. You may recall, that used to be that -- you may recall that it used to be when you had affordable housing projects, it was simply a lottery system where you went -- if you -- you got a piece of property and you make sure it was zoned properly and then you went to the state for funding as a affordable housing project in a lottery system. Well, that's changed recently. And so now you have a point system. It still has a lottery, but there's a point system. And the point system says you have to be close to transportation, you have to have a grocery store, you have to be close to a hospital, et cetera. This property uniquely situated to be one of the highest point systems. So Gatehouse is planning to do a residential -- affordable housing residential property for the elderly so -- Commissioner Spence -Jones: Do we have any -- do you have visuals for it or no, it's not --? Ms. Dougherty: No, because we first have to get the zoning before we engage the architect to do the visuals. Chair Suarez: Any further questions from any Commissioners? Commissioner Spence -Jones: What's on the second board? Is there a second board? Ms. Dougherty: Yes, I -- what I did was I brought Miami 21 andl brought 11000 so you could see what happened. Commissioner Spence -Jones: Oh, I see. Okay. You mentioned earlier about the mistake on the CI wasn't a mistake. That was something -- I know that in the midst of all of our community meetings, you know, we kept it CI for a reason. But I wanted to ask you -- and he cleared it -- Francisco cleared it up in our briefings. Because this is not actually on the river side, but it is facing the river, correct? Ms. Dougherty: It's not on the river at all. Commissioner Spence -Jones: Not really. Right, but -- Ms. Dougherty: It's not facing the river. There is a -- the highway in between. Is that what you mean? Commissioner Spence -Jones: Yeah, meaning like the parking lot -- it's facing the parking lot -- Ms. Dougherty: The parking lot that we usually park at is right over here -- oh, your parking lot City of Miami Page 109 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Spence -Jones: Yes. Ms. Dougherty: -- is underneath here. Commissioner Spence -Jones: Is underneath there. Okay, 'cause I know -- also, Francisco, do you want to put some additional things on the record? You said that it's not actually all the land that they'll be using. Mr. Garcia: Right, but what I had made mention of in our briefing is that the property in question is actually further constrained by access easements that are in favor of the Miami Riverside Center and that is both on the east frontage and on the north frontage of the property. In addition to that, there is a significant utility easement that runs diagonally across the property which makes it frankly a very challenging site to develop. But this is already in place and there is documentation to that effect. Commissioner Spence -Jones: Okay. And the only thing that I was asking in the midst of my meeting, and I guess you were very clear -- you know, I have a real big push on the river to really kind of support as many of the businesses that are on the river and really trying to get the boardwalk and all of that going. So originally what I was talking to Francisco about was trying to figure out if there was any, you know, way that as a part of their overall plan that there was going to be any greenway improvement as a part of it, but you explained to me that this is a little far off from that, correct? Mr. Garcia: That is correct. The property has actually no abutments to the river itself or to the river walk. It's separated by the right-of-way that is the highway (UNINTELLIGIBLE) 3: 00: 21. Commissioner Spence -Jones: Well, hopefully they will be good neighbors. Ms. Dougherty: Indeed. We know who our neighbor is. Commissioner Spence -Jones: Yes. Commissioner Gort: They got to be. Commissioner Spence -Jones: So moved. Ms. Dougherty: Thank you. Commissioner Gort: Second. Chair Suarez: Moved by Commissioner Spence -Jones, second by Commissioner Gort. Did we open the public hearing on this? Commissioner Gort: No. Chair Suarez: No? This is a public hearing item. PZ.4, is anyone from the public like to speak on PZ.4? Seeing none and hearing none, the public hearing is closed. This is not an ordinance. This is a -- yeah, this is an ordinance. This is an ordinance. Maria J. Chiaro (Deputy City Attorney): This is an ordinance for the land -use component of these two items that were heard together, that is 4 and 5. This is the land -use ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. City of Miami Page 110 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. PZ.5 ORDINANCE 11-00699zc Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "Cl" CIVIC INSTITUTIONAL ZONE TO "T6-36B-O" URBAN CORE ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 230 SOUTHWEST 3RD STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00699zc CC 01-26-12 SR Fact Sheet.pdf 11-00699zcAnalysis, Maps & PZAB Reso.pdf 11-00699zcApplication & Supporting Documents.pdf 11-00699zc CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 230 SW 3rd Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Javier F. Avino, Esquire, on behalf of 230 SW 3rd St LLC, Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 5, 2011 by a vote of 8-0. See companion File ID 11-006991u. PURPOSE: This will change the above property to "T6-36B-O" Urban Core Zone. Motion by Commissioner 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 13306 Chair Suarez: Is there a motion on PZ.5? It's a companion item. Commissioner Spence -Jones: So moved. Chair Suarez: Moved by -- Commissioner Carollo: Second. Chair Suarez: -- Commissioner Spence -Jones, second by Commissioner Carollo. This is a public hearing. Anyone like to come up and discuss PZ.5? Seeing none, hearing none, the public hearing is closed, coming back to this Commission. It is an ordinance. City of Miami Page 111 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. Lucia Dougherty: Thanks very much. Chair Suarez: Thank you. PZ.6 ORDINANCE Second Reading 11-00806zt AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO.13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY MODIFYING ARTICLE 1, SECTION 1.2. ENTITLED "DEFINITION OF TERMS" AND ARTICLE 3, SECTION 3.6.3, ENTITLED "ADDITIONAL OFF-STREET PARKING REGULATIONS", TO ESTABLISH CONDITIONS AND STATIONING REQUIREMENTS FOR RECREATIONAL WATERCRAFTS IN T3 AND T4 ZONES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00806zt CC 02-23-12 SR Fact Sheet.pdf 11-00806zt PZAB (10-00963zt1) Reso & CC Legislation (Ver. 1).pdf LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: For File ID 10-00963zt1, recommended approval to City Commission on May 18, 2011 by a vote of 7-1. PURPOSE: This will establish equivalent regulations and requirements from former Zoning Ordinance No. 11000 and place them in the Miami 21 Code; more specifically, to establish conditions and requirements for pleasure water crafts in T3 and T4 Transect Zones. Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Suarez: PZ.6. Commissioner Spence -Jones: PZ.6. Chair Suarez: PZ.6, and I apologize to the PZers (Planning and Zoning). You can thank Commissioner Spence -Jones. She's the one that recommended that we take up PZ now. Commissioner Spence -Jones: Yeah, so y'all have to wait longer. City of Miami Page 112 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Chair Suarez: Ms. Solares, you're recognized for the record. Grace Solares: Oh, thank you so much. Grace Solares, the Roads Association. Horacio Stuart Aguirre: You want to introduce the item first? Chair Suarez: Yeah, I think -- let -- I'm sorry. Ms. Solares: Oh. Chair Suarez: Remember, I'm still a rookie. Mr. Garcia, do you want to introduce the item and then we'll recognize Ms. Solares. Francisco Garcia (Director, Planning): I'm happy to, Mr. Chair. Item PZ.6 is a proposal to amend the zoning ordinance Miami 21, to amend the conditions and requirements for watercrafts. I'll describe in very broad strokes what we're seeking to accomplish. Andl know there will likely be a healthy dialogue regarding this item as it has been difficult to gather a consensus behind it. Essentially, we are trying to establish rules for the correct placement of watercraft on single-family residential properties. I should emphasize that there are presently no rules in the Miami 21 zoning ordinance. And we thought the best way to depart in trying to craft this language was to refer back to the language in zoning ordinance 11000, which was applied throughout the City for at least three decades, and make amendments based on that. Based on that, basically, we are allowing for watercraft to be placed either on side yards or rear yards, but not on front yards on single-family residential properties. And we are limiting the height to eight feet, and those eight feet would actually include the trailers that they are typically placed on, but would not include accessories such as windshields, towers, antennae, et cetera. In addition to that, we are requiring that the watercraft be in good condition, fully licensed, et cetera. Andl should also tell you that the Planning, Zoning andAppeals Board made a recommendation that we think is certainly worth considering and it is this. We are requesting that these watercraft be allowed on single-family residences based on the issuance of warrant permits, which allows us as staff to review their proposals and determine that they are, in fact, in compliance. The reason we are requiring warrants in this proposal is that that is the only way we can have records on file that we can conduct enforcement based on, so there's a document that can guarantee that they're in compliance. It was posed to us by the Planning, Zoning andAppeals Board that the warrant fee and the fact that many of these people have already had these watercraft on their properties for a very long time, it might be unfair to now subject them to the warrant process anew. We are very much amenable to having a grace period, let's say, of I'll suggest a year wherein anyone who is presently in compliance would be able to submit to the City an affidavit of compliance to be approved by the City and we would maintain that on the records. After the year's grace period has expired, from that point forward, we would require the warrant because we frankly think that that is the correct process through which we should review and ultimately approve these. I will close my presentation with that. Certainly stand by for any questions you may have and yield to the presenters. Chair Suarez: Thank you, Mr. Garcia. Ms. Solares. Grace Solares: I see my -- Chair Suarez: You'll defer to Mr. Aguirre, who correctly -- corrected me on the way to start this procedure. And I'll correct him on the letter that was just given to me that says Honorable Chairman Xavier Suarez. So it should say -- Mr. Aguirre: Are you kidding? City of Miami Page 113 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Chair Suarez: -- Honorable Chairman Francis Suarez. Mr. Aguirre: Does it really? Chair Suarez: It's okay. Mr. Aguirre: I signed it. I assumed -- Chair Suarez: (UNINTET,T IGIBT ,F) 2:40:09. Mr. Aguirre: We're still thinking of those great days. Chair Suarez: Go ahead, Mr. Aguirre. Go ahead. You're recognized. Go ahead. Commissioner Gort: That was a great comeback. Chair Suarez: Go ahead, Mr. Aguirre. You're recognized. Mr. Aguirre: I know how to save myself. Chair Suarez: Yes, sir. Vice Chair Sarnofff. Somebody get him a (UNINTET,T IGIBT ,F) 2: 40: 22. Mr. Aguirre: Chairman Suarez, Vice Chairman Sarnoff, Commissioners. Thank you very much. Horacio Stuart Aguirre, as chairman of the Miami River Commission, 1407 Northwest 7th Street. We commend Director Francisco for bringing this to our attention. The majority of boat owners are honorable people, decent people. They exercise good taste and they care for their neighborhoods. There are a few people that totally disregard concepts of reasonableness. There are people in my neighborhood that have four boats in front of their yards. There are people in my neighborhoods that have recreational vehicles, generically known as Winnebagos, with no intent to disparage that fine product, that haven't moved in ten years. So we do need enforcement. We do need something codified. And it was an oversight in the drafting ofMiami 21. Miami Metro Dade does have an ordinance that very similar to this. So we salute Director Francisco Garcia for doing this, but we have an objection to some of the peculiarities of the language. For example, the idea that the City employee should be inspecting boats to determine functionality of boats, whether boats are operational or seaworthy, I think the City ofMiami has got way too many more things to be concerned about than to find out if somebody's outboard motor is going to start on the first or third or second pull. The idea that in -- that a boat should only be six feet, which was the height on top of a trailer, would mean that you would have to go to Toys R Us to buy the boat because, quite frankly, I asked Mayor Regalado early this morning how tall he was and he said he's 6 feet tall. So that meant a boat could not be taller than Mayor Regalado is tall, and that's a boat on top of a trailer. Prams that operate out of the Coconut Grove Sailing Club, which is what children use to sail, are taller than six feet when the darn thing's on top of the lawn, so a little bit of leeway on the height. Generally speaking, the generally accepted practice is that a boat should not be seen from the front street, that should not protrude -- the bow of the boat should not protrude from the front wall facade of the house, and generally goes to the roofline of a house. The idea of a warrant is a tax. I understand Francisco Garcia's need to have an understanding of who has boats, but register the boat but don't force a boat owner to pay an additional tax. Boat owners are already paying an FL number tax. When you announced your executive session, you read off the FL numbers. That's the registration, Chairman, for the state of Florida. Boat owners already pay an expensive surcharge for marine gas, for marine fuel. So now you're going to add another tax for the privilege of owning a boat. That shouldn't be. That said, we applaud Francisco Garcia for the great work he does. The director is a great contribution to the City. And we hope that indeed the City will start enforcing a reasonable rule so that we can keep our neighborhoods looking like residential neighborhoods City ofMiami Page 114 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 and not boat parking lots or recreational vehicle parking lots. Thank you. Chair Suarez: Thank you, Mr. Aguirre. Ms. Solares. Ms. Solares: Thank you. Grace Solares, the Roads Association. When I saw this, I applauded this ordinance, this change into what 21 -- Miami 21 is actually silent about. I've lived in the Roads for 52 years. Throughout those 52 years, we have suffered with boats being parked in front of houses, the trailers having a flat tire and remaining like this forever. Then when called upon, was put into the front yard of the homes, they used to change the oil. They would come into the street. When some changes to 11000 came about, very brilliant woman from Coral Gate helped draft certain sections of 11000. This particular section that he wants to incorporate with some changes, I think it's necessary because our area of the Roads looks beautiful and there are boats, but behind some bushes or things you cannot see them. It's just beautiful. So I think this needs to be incorporated. The changes that Mr. Aguirre has asked from six to eight, we have no problems with that. With respect to the warrant being a tax, well, that's something for you guys to decide. However, my -- what I spoke with Francisco about, there's got to be some way that they can have a list, a record of the people who have the boat so that they have the ability of actually checking whether or not they're actually complying with what we're intending -- what the Administration is intending to do right now. So I do ask you please to pass this with whatever mod -- with the modification that Mr. Aguirre has actually requested, for which we have no objection. But this is a very important to actually really protect the beauty of the neighborhoods. Thank you so much. Chair Suarez: Thank you, Ms. Solares. Any other member from the public wishing to discuss PZ.6? Seeing none and hearing none, the public hearing is closed; coming back to this Commission for a motion or discussion. Vice Chair Sarnoff I'd like -- Chair Suarez: Vice Chairman Sarnoff. Vice Chair Sarnoff -- to make a motion to approve it and then with some discussion, and I'll hand out some things I think that could improve this. Commissioner Gort: Second for discussion. Chair Suarez: Second. It's been moved by Vice Chairman Sarnoff, second by Commissioner Gort. Vice Chairman Sarnoff, you're recognized. Vice Chair Sarnoff What I've handed out is what I think could improve this, which would -- as you see in the photographs that the Commissioners are looking for -- and I'll make sure Madam Clerk gets one as well -- it's pretty apparent when you have a boat that's out of compliance. On the very lower left-hand corner, you'll see a boat in the front yard. It's completely out of compliance. Yet, just to the right -- to the -- I guess to the left of that as it's facing you, there's equally a boat in the front yard. You just don't see it 'cause it's properly screened. So I don't know that you can't allow a boat in the front yard and I'm not going to get into obscurity of lot sizes and whatnot. I think that the things that we're concerned about is we simply shouldn't have to subject ourselves to seeing these boats. So whatl suggest is we allow storage in the front yard if it is properly screened. We should increase the height to eight feet in the front and twelve feet if it's in the back or -- in the backyard. I don't really believe you need a warrant 'cause you know why -- how enforcement is? Your eyes. Code enforcement officer sees it and sees that there's something not properly screened, he cites the person. Andl think Commissioner Carollo would probably like that 'cause it's one less issue and it is a tax. And let's not kid ourselves; the citizens will see it as a tax. I'm going to leave it at that 'cause I think it demonstrates that you can do this very simply. Andl -- and you know, South Florida is a boating community, yet myself don't own City of Miami Page 115 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 a boat, wouldn't want my next -door neighbor to have a boat that needed to look at every day, andl think we could do this very simply by just instilling a couple of these points right here. Chair Suarez: Okay. Any other Commissioners like to discuss this? Commissioner Gort: Yes. Commissioner Carollo: Mr. Chairman. Chair Suarez: Commissioner Gort. Commissioner Gort: No. I'll yield to Commissioner -- Chair Suarez: Okay, Commissioner Carollo. Commissioner Carollo: Actually, Vice Chairman Sarnoff addressed one of the main issues that I had. Because let's not kid ourselves, the majority of the City ofMiami -- I mean, there's a reason why we are the fourth poorest city or major city in the United States or the third. I don't know which ranking we are. But listen, there's a lot of people that don't have the means to store some of these boats in a facility. And a lot of the homes in the City ofMiami don't have the space on the side of the house. So in essence, you addressed an issue that I was going to have, and that was the main issue that was discussing with our Planning director. I saidl see the point, but what about these residents that don't have enough space in the side of the house, they do have a boat, what happens then? I mean, are we going to legislate to violate because they're not going to have another option except, you know, one week park it in this guy's house and then another week, park it in another -- so I can go along with this if we do have the proper amendment and show that, yeah, it could be stored in the front of the house if it is properly screened. So you actually addressed the issue that had. As far as the height, I am okay with the height of the Miami River Commission's suggestion. And I'll listen to my colleagues. Chair Suarez: Thank you. Commissioner Gort. Commissioner Gort: Yes. I'd like to say that personally the front -- in the front yard, I don't like to see it. At the same time, when you look at this facility, was this built with a permit and does it comply with the setback, the forward setback that we have required in the housing. If you look at most of the properties within the City ofMiami, they have to have a five-foot setback on the side yard so most houses do have the five-foot setback where they can put the boat in. I would be against the warrant. I would be against the inspection to go and see. We all know by our office we can call the Code Enforcement because we receive complaints all the time. Let's face it, neighbors, if they see something bother them, they're going to call and they're going to complain andl think that's how we're going to find out. So I'm okay the way it is right now. Just eliminate the warrant. I don't want the inspections. Andl would like to see it eight foot. Chair Suarez: Commissioner Spence -Jones, you have anything on this one? Commissioner Spence -Jones: I just want to make sure that Miami River is satisfied with the recommendations that were made, there was nothing that we missed out on or that the Commissioners missed out on that was not addressed. If there is, then let us know so that we can make it -- Mr. Aguirre: If you give me time, I can think about it. Chair Suarez: There's one that -- Mr. Aguirre: Thank you, Commissioner. I think we're quite satisfied. Thank -- City ofMiami Page 116 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Spence -Jones: Okay. Mr. Aguirre: -- you, ma'am. Chair Suarez: There is one additional item which they point out which -- and I'd like to hear what Commissioner Sarnoffs perspective on this is. But the part where it says City employees determining the seaworthy and functionality of the vessel. Vice Chair Sarnoff. Well, I think you'd have a little constitutional problem there. Chair Suarez: You'd have a bunch of problems with it. Aside from constitutional problems, do we have anybody that has the expertise to do that, number two? Number three, are you -- is -- can we get sued? Because if someone says, oh, you certified my vessel as seaworthy andl go out and it sinks, you know -- Mr. Aguirre: Well, I -- but if -- Mr. Chairman, may I? Commissioner Spence -Jones: Yes. Chair Suarez: Yes, please. Mr. Aguirre: I agree with what you're saying and it's -- I think you've said it better than I did, but I don't want to dismiss Ms. Solares comments andl don't know if she was speaking on her personal behalf or on behalf ofMiami Neighborhoods United. Chair Suarez: I assume (UNINTELLIGIBLE) 2: 52: 33 -- Mr. Aguirre: But there shouldn't be -- there should not have been -- there should not be a boat on top of a trailer with the wheels missing or the flat tire and the thing is listing like the Costa Concordia. So we agree that there should not be some flagrant disrepair to the trailer. Vice Chair Sarnoff. Well, it shouldn't be visible. Mr. Aguirre: It shouldn't be visible. Vice Chair Sarnoff. That's the point. Mr. Aguirre: And if the darn thing is on cement bricks, you wouldn't know it anyhow -- Vice Chair Sarnoff. Right. Mr. Aguirre: -- 'cause it's behind a screen or behind a wood fence or -- Vice Chair Sarnoff. If it was properly screened like you said, it simply wouldn't be visible, and that's the point of the amendment. And the amendment says you can have it in the front yard. You can even have it two feet higher than suggested, which would make it eight feet, but it has to be properly screened so it's not visible from the front. Mr. Aguirre: Yeah. Vice Chair Sarnoff. Andl -- and you know, I would like to say, you know, as well, I hope everybody's boat's in repair. I wouldn't want to see what's behind that screen, but I'm not sure it's my business what's behind that screen. That's -- and by the way, while you're here, I never do this, but I did see your e-mail the other day regarding the parades. I thought it was great. I City ofMiami Page 117 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 thought you captured the entire spirit of it and I just want to thank you for writing it. Mr. Aguirre: Thank you, Vice Chairman. Chair Suarez: It was a very well -written e-mail (electronic). Mr. Aguirre: Thank you, sir, very grateful. And before I retire from the pulpit, I again want to thank Director Francisco. We do hope that you do enforce whatever we come up with today so that our neighborhoods look better, and we're confident that you have the best intentions for us. Thank you, sir. Chair Suarez: You know, I'm reading the actual ordinance itself and maybe this is where Francisco was going with it. But in number 6 where it says state or condition, it doesn't quite say exactly the same thing that the letter says. But maybe, you know, where it says here, in fully operational condition, I mean, I don't know that you want to go that far. Maybe just say in an orderly and seemly condition as well as compliant with all required licenses and just get rid of that part where it says in a fully operational condition 'cause how are you going to know what? You're going to turn on the engines? Are you going to put it in the water? I mean, you know, there's just no way to know that. Are you okay with that? Mr. Garcia: I am, sir. And l just wanted to clam two things. Certainly, we are in no position -- no one in the City is, to my knowledge, to determine whether or not the vessel is seaworthy. Vice Chair Sarnoff. And having had our executive session, I can vouch for that. Mr. Garcia: The intent was simply to provide enough language for code enforcement inspectors to determine whether or not the property owner is actually maintaining the vessel in overall good condition. And it places the burden on the property owner or the vessel owner to maintain it in a good state of repair. If any of this language seems excessive -- and you would be in a better position to know that than I would -- (UNINTELLIGIBLE) 2: 55: 25 certainly to refine it to accomplish that intent and not be overly burdensome. Chair Suarez: So I'm going to ask Commissioner -- Vice Chairman Sarnoff to state the motion in its -- and its amendments. Vice Chair Sarnoff. Yeah. So -- Mr. Garcia: I would like -- Vice Chair Sarnoff. -- I would -- I guess I have to either withdraw -- let me withdraw my motion. 171 make a new motion. And the motion would be as stated by the Administration, subject to the following amendments. Allow storage in the front yard, if properly screened. Allow the height to increase in the front yard to eight feet or back yard, twelve feet. No warrant should be necessary. The watercraft -- you know, it's simple. If the watercraft can be seen, it's not in compliance. Those are my changes. I like the wording of the Chair with regard to the -- I think he used -- I'm going to let you amend it because -- Chair Suarez: Yeah. Vice Chair Sarnoff. -- or help me with the words. Chair Suarez: I don't know ifI can amend the motion since I'm the Chair without passing the gavel. Vice Chair Sarnoff. But help me with the wording that you would use. City of Miami Page 118 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Chair Suarez: What I said was to strike the words and remains in fully operational condition." So it would just say the watercraft is maintained in an orderly and seemly condition as well as compliant with all required license,'So you're striking and remains in fully operational condition." Vice Chair Sarnoff Okay, andl can -- and that would be part of my motion. You have something you want to -- Chair Suarez: Move -- Mr. Garcia: I do, sir. Chair Suarez: No, no, go ahead. Commissioner Carollo: Motion and second? Chair Suarez: Yeah. There's a motion and a second. Mr. Garcia. Mr. Garcia: I wanted to bring up one item that may be -- may pose a challenge to us from the standpoint of compliance and enforcement. The Code presently does not allow fencing in the front yard that exceeds four feet. That said, it is feasible to buffer or mask the vessels with landscaping. Vice Chair Sarnoff Right. Mr. Garcia: Landscaping, however, has to be planted and grow over time so that it can have that -- enough -- Chair Suarez: Coverage. Mr. Garcia: -- substance, coverage -- thank you -- to be able to achieve its purpose to mask the vessel. I'm certainly very willing to put in place language along those lines with some level of specificity that perhaps determines what landscaping material would achieve that intent if there is such. And if we are unable to do that, then it may very well be that we bring it back to you for further consideration. Commissioner Carollo: And by the way, do we need to then -- it seems like we're all getting to where we want to go. Do we need to approve this today? It is second reading. Can -- I mean, I don't know how my colleagues feel, but should we defer this to next Commission meeting and -- Chair Suarez: I have no issue. Commissioner Carollo: -- work it all out? It seems like we're getting to the same page. I just -- I don't want to, you know, just all of a sudden pass something because it's second reading and we need to pass something and, you know, it's not quite -- Commissioner Gort: I have a problem in the -- when it goes on the side yard, on the side, that you have to cover it. A lot of people will not be able to do it. Commissioner Carollo: Exactly. Commissioner Gort: I'm saying the boat will not be able to go in and out because you taking the five feet, the width of it -- so if you put a fence, that's going to eliminate the -- Commissioner Carollo: But how high can a fence be? A fence cannot be 12 feet. Therefore -- City of Miami Page 119 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 so there -- I think we're getting to where we want to be, but I think -- Chair Suarez: We're almost there. Commissioner Carollo: -- we still need to -- Chair Suarez: We're almost there. We got to tweak it a little bit more. Commissioner Carollo: Yeah. I think we -- it still needs some tweaking and it might be a good idea to have an extra two weeks in order to tweak it properly. Chair Suarez: Ms. Solares. Ms. Solares: Yes, Mr. Chairman. Thank you. I just want to make one comment. Since Miami 21 does not allow the fences higher than four feet -- Commissioner Carollo: Exactly. Ms. Solares: -- and now we're going to have to have trees as -- Chair Suarez: A barrier or whatever. Ms. Solares: -- tall of 12 feet in order to cover the 8 feet of the boat, that a boat not be allowed to be placed in there until they have the 12 feet trees in there. Not to actually put the boat and then say we're going to plant -- Chair Suarez: Like a one foot tree. Ms. Solares: -- tiny little things and then it's going to take about three years to cover the boat. Vice Chair Sarnoff Well, it's actually more problematic than that because if you think about it, once we allow the boat in the front yard and you think about spacing, it may have to be a swing fence and then -- andl don't know where you guys sit with this because I like the idea in theory. You know, I like that storybook theory, four foot fence in front. I don't think anybody else in the City ofMiami wants a four foot fence. I think they want higher fences. Commissioner Carollo: Yeah, absolutely. Vice Chair Sarnoff So the question is, should we visit -- I've been asked to visit it by a lot of constituents -- I have not brought it up -- raising the fence to six feet. I don't know. Do we raise the fence maybe to eight feet? Andl haven't thought through every permutation, Francisco, 'cause I remember how important it was -- You know, I went to the DPZ (Duany Plater-Zyberk) meetings andl remember, you know -- Chair Suarez: Yeah, the concept of -- Vice Chair Sarnoff The concept was -- Chair Suarez: -- having fencing -- Vice Chair Sarnoff Right, right. Chair Suarez: -- of having, you know, yeah, an open as part of pedestrian walking and all -- Vice Chair Sarnoff So right away we're now amending that and changing that, but I think City ofMiami Page 120 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Carollo is dead right. I think it's got to come back and I think you need to brief all of us, if you go to an eight foot fence, this is what your city could look like . And you know, this is not whatM21 (Miami 21) says or -- Chair Suarez: Or we can make an exception to the four foot fence for, you know, these circumstances. Ms. Solares: That would be an amendment to another section -- Chair Suarez: Right. Ms. Solares: -- ofMiami 21. Chair Suarez: Absolutely. Can't do it. Ms. Solares: So that would be -- Chair Suarez: No, we definitely can't do it here. Ms. Solares: -- so crazy -- Chair Suarez: Yeah, we can't do it here. That's for sure. Ms. Solares: -- on that one. Chair Suarez: But what we could do is potentially have an amendment to the four foot fence requirement and for shielding of boats, and that could be a different size fence. Ms. Solares: Remember, you have raised now the boat to eight so you're going to have to raise the fence to twelve. Vice Chair Sarnoff. Well, I think what we could say, Grace, is eight foot including trailer. Ms. Solares: With a trailer? Vice Chair Sarnoff. In other words, eight foot would include the trailer, so really it's a -- Chair Suarez: Yeah, it's really eight feet. Like there's -- Vice Chair Sarnoff. Right. Chair Suarez: -- not going to be anything seen above the eight feet. If it is, it's a violation. Commissioner Carollo: Yeah, but what she's saying is that in order for -- to properly cover the boat -- Ms. Solares: Cover. Commissioner Carollo: -- you need higher -- Ms. Solares: Fence or trees or whatever than eight. Commissioner Carollo: And then I think we have a regulation of how high a hedge could be or trees or, you know -- and at the same time, also consider you can't put a tree in front of a boat 'cause they need to, you know -- City ofMiami Page 121 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Vice Chair Sarnoff. Right, right. Commissioner Carollo: -- go in and out. So we -- so I think we're all in the same page. I just think we need to tweak this some more andl think it'll behoove us to have an additional two weeks. Commissioner Gort: Artificial trees. Ms. Solares: I don't know -- Chair Suarez: Commissioner Sarnoff, do you -- Ms. Solares: Commissioners, I don't know -- Vice Chair Sarnoff. Yeah. I'll withdraw my motion so we can all work on this and then what I'll do is I'll make a motion to continue this to the next like Commission agenda. Commissioner Carollo: Second. Chair Suarez: Been moved by Commissioner Sarnoff after -- did you withdraw your second? Commissioner Carollo: Yes. Chair Suarez: I'm assuming so. Yes. Moved by Commissioner Sarnoff, second by Commissioner Carollo. All in favor, signifi, by saying aye." The Commission (Collectively): Aye. Ms. Solares: Commissioner Carollo, I just wanted to say that if I'm not here, you know how the Roads feel about this issue. We -- our area looks -- Commissioner Carollo: No, no. I -- Ms. Solares: -- impeccable and this thing own -- it just looks terrible to have a boat right there out there in the front yard that is not covered by something. I do recognize what you said, that some people buy a boat and they don't have -- I associate that comment with my going out and buying a Lagerfeld dress that it cost me $50, 000 but I come in here walking barefooted 'cause it didn't -- I didn't have any money to buy the shoes. So if whoever buys a boat should have the ability to put it someplace other than in front of the house, but that's just a comment. Chair Suarez: Thank you. Ms. Solares: Thank you. Chair Suarez: We're not going to -- you're going to continue this. In fact, I'm going to ask you guys, as we go forward, to let's pick up the pace a little bit. PZ.7 ORDINANCE Second Reading 11-00875zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 4, ENTITLED "STANDARDS AND TABLES" AND ARTICLE 6, ENTITLED "SUPPLEMENTAL REGULATIONS", TO MODIFY REQUIREMENTS FOR PUBLIC AND City of Miami Page 122 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 COMMERCIAL STORAGE FACILITIES IN T5, T6, AND DISTRICT (D) ZONES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00875zt CC 01-26-12 SR Fact Sheet.pdf 11-00875zt PZAB Resos.pdf 11-00875zt CC Legislation (Version 4).pdf 11-00875zt-Submittal-Proposed Storage Building.pdf APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD (PZAB): Made four separate motions* on December 14, 2011. *See PZAB motions. PURPOSE: This will modify requirements for public and commercial storage facilities in T5, T6, and District (D) Zones by providing additional flexibility to such use and remove distance separation requirements between such facilities. Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo 13307 Chair Suarez: PZ.7. Francisco Garcia (Director, Planning): Thank you, sir. Item PZ.7 is also a proposed amendment to Miami 21, the zoning ordinance. This one deals in particular with public storage facilities. I'll say two brief things andl know that there are others that want to speak on the item. First, we believe that public storage facilities will be in greater demand over the next few years as Miami becomes increasingly urban and people move from houses to apartments and need to use these storage facilities to place some of their wares. And in addition to that, whatl think is most relevant is that Miami 21, by virtue of being a form -based code, requires that public storage facility buildings essentially behave in terms of design like the buildings that would be within their context. So they would be essentially undistinguishable from other buildings that form part of the fabric of the city. The separation or distancing requirements that existed previously under zoning ordinance 11000 and Miami 21 when it was originally implemented basically assumed that public storage facilities were going to be unsightly or mar the urban fabric. We are confident that through the warrant process that we would use to review these, they are going to look appealing enough and that the distancing requirement should be lifted. In addition, this ordinance seeks to change a little bit the parking requirements for these. I think there is consensus behind the need to do that and the reason for that is this. Public storage facilities never have a very high peak demand. These facilities are used by people on a very staggered basis and it is very unlikely that at any one point in time there will be a great demand for parking on any of these. There should be sufficient parking so we are raising the minimum parking requirement for these facilities, but we are lowering the amount of parking per square foot you would need because, once again, not all of those bays are going to have their particular customers come at the same time. Lastly, I'll say this. We had a very healthy debate at the Planning, Zoning and Appeals Board. This resulted in actually the PZAB (Planning, Zoning and Appeals Board) making four motions and there was no majority for any one of the motions. They City of Miami Page 123 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 all failed. And these motions dealt verily with the times of operation, with the distancing requirements, with the separation from these uses from residential areas, et cetera. So I would like to then instead of going through all these motions, offer you a synopsis of what their intent was to the best of my ability to gather it and tell you that we do agree there should be a limitation in terms of hours of operation, that the hours of operation should be -- and this would be an amendment to the proposal -- from 6 a.m. to 11 p.m., as opposed to 5 a.m. as we were originally proposing, and this would eliminate some of the early morning truck traffic, potential truck traffic. But for that, however, we would recommend to you that you approve the ordinance as has been presented to you with the parking ratio changes and the elimination of the distancing requirements. That's all have by way of presentation. I'll answer any questions. Chair Suarez: Ms. Garcia -Toledo. Vicky Garcia -Toledo: For the record, Vicky Garcia -Toledo, with the law firm of Bilzin Sumberg. Our address is 1450 Brickell Avenue. Andl am here joined by my partner, Brian Adler, and our client, David Williams, who's the director of market development for Self -Storage Group, T,T C (Limited Liability Company). And we're fully in support of the proposal as presented on second reading by Mr. Garcia and of the amendment to the 6 to 11 operational hours. As the city continues to go vertical and single-family homes are built without garages, these are really today's garage. This is where we all keep our equipment. Those who have boats need to keep the boating equipment somewhere, the bicycles, and it's a lot better than seeing people with apartments putting them in their balcony. So we would urge you strongly to approve this. I believe it was approved on first reading unanimously and would urge you to do so in second reading. Chair Suarez: Any other member from the public like to discuss PZ.7? Seeing none, the public hearing is closed, coming back to this Commission. Commissioner Gort: Move it. Chair Suarez: Moved by Commissioner Gort. Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. It is an ordinance. Vice Chair Sarnoff Mr. Chair. Chair Suarez: Yes, I'm sorry. Is there discussion? Vice Chair Sarnoff Yeah. Chair Suarez: Sorry. Vice Chair Sarnoff 'Cause I'll be candid with you. I'm kind of torn on this andl'd like to have a little bit of a debate. And I'll be candid with you. I just closed my public storage andl thinkl -- my storage was Bob's and think it was right next to Shell Lumber, and think there are three storage places right there and it's -- actually, it's a reasonably industrial -- I call it industrial neighborhood and it worked great. My issue actually predates me and that was the storage facility on Biscayne Boulevard, which you see. And that was an attempt I think under 11000 with some last-minutism [sic] to make it look good. And I'm not here to tell you it looks bad, but I'm not sure I would want to see another public storage facility on Biscayne Boulevard, Brickell Avenue or any of those necessary transects I guess is what we'll call them now in 21, andl'd like you to bring me along as to why you think -- let's go to T6 'cause T6 is -- Where are my corridors on T6? City of Miami Page 124 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Mr. Garcia: Right. Vice Chair Sarnoff Give me a for instance in District 2. Where is a T6 corridor? Mr. Garcia: In District 2, you have certainly a great number of them. Basically, all the major arterials but for very few -- and I'll tell you the exceptions quicker than I can tell you the -- you know, those that are the rule. Except for, for instance, Coral Way in most parts, 27th Avenue, most of the major arterials are actually zoned either T6-O or T5-O, both of which would allow public storage facilities. What we have done, Commissioner Sarnoff, in our research in terms of giving ourselves a level of comfort that these facilities can in fact behave in a manner that is undistinguishable from any other building is we've gone to many municipalities, looked at their ordinances and looked at the results that they are getting as a result of those ordinances and they're actually quite nice, certainly an improvement, a vast improvement over that facility that you're referring to on Biscayne Boulevard and -- that was built recently. I think it's 20th Street thereabout. We think that the warrant process is the right way to do this. We have confidence in our staff and in ourselves that we will be able to make the requirements that are necessary. I believe that the attorney has some examples that they may want to show you, andl think you'll find them quite satisfactory. Ms. Garcia -Toledo: And Commissioner, ifI also may address it. What happened -- andl have to admit that back in 1991, I worked with the City staff to develop the first ordinance on, you know, what we used to call then personal storage facilities -- was that they were really warehouses. Andl think along the ones you just mentioned are warehouses. What has occurred is that most industrial areas are not areas where people feel comfortable after work going into them. Certainly, a woman -- I wouldn't go into some of the industrial areas by myself especially after hours when those areas are deprived of any activity. And so these individual facilities started moving into more commercial areas, and in doing so, there's been a demand to make them more palatable with the fabric where they appear. Certainly, the one on Biscayne Boulevard was probably I think the City's first attempt to do that. Now with Miami 21, those design requirements are built in. And on top of that, your staff has carefully crafted the fact that it still has to go to warrant. So we have to show in great detail to the staff and of course everyone has notice and it's appealable. So we will have to work even harder to do that. So I would hope that those constraints and conditions will be sufficient to address your concerns. Vice Chair Sarnoff No. I -- and I just -- I think it's worthy -- it's a worthy -- you know, I -- in one respect, I can see the need 'cause as Miami goes vertical -- and you're right, I'd rather have a bicycle not on -- well, I'd rather have some of the mattresses I see on some people's balconies certainly in a storage facility as well as a bicycle. Andl could say, I could also see the other end with the economy less need for this, but you guys are in that industry so you know it better than anyone. And you know, as long as there's an assurance that there is a warrant process, it is appealable and that the aesthetic of this is essentially indescribably not different than that of a condominium, then you know, it usually is the use of glass, so I think can support this. Ms. Garcia -Toledo: Thank you. Chair Suarez: Thank you, Vice Chairman Sarnoff. There's a motion and a second. It is an ordinance. Maria J. Chiaro (Deputy City Attorney): Is the ordinance as amended pursuant to the recommendation of the PZAB in terms of hours of operation? Chair Suarez: I would say it's as -- Commissioner Gort: Yes. City of Miami Page 125 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Chair Suarez: -- amended pursuant to Francisco's recommendations. Mr. Garcia: Correct. And so the sole amendment would be that the hours of operation would be instead offrom 5 a.m. to 11 p.m. as proposed in the ordinance, instead of that, they would be from 6 a.m. to 11 p.m. Chair Suarez: Right. Okay, please. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Your roll call on the second reading modified ordinance. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, as modified, 4-0. Ms. Garcia -Toledo: Thank you. PZ.8 ORDINANCE First Reading 11-007001u AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 840 NORTHEAST 78TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-007001u CC 02-23-12 FR Fact Sheet.pdf 11-007001u Analysis, Maps, School Concurrency & PZAB Reso.pdf 11-007001u Application & Supporting Documents.pdf 11-007001u CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 840 NE 78th Street [Commissioner Marc David Sarnoff- District 2] APPLICANT(S): Lynn M. Summers, Authorized Representative, on behalf of Marine Max East, Inc., Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 5, 2011 by a vote of 8-1. See companion File ID 11-00700zc. PURPOSE: This will change the above property to "Medium Density Restricted Commercial". City of Miami Page 126 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo PZ.9 ORDINANCE First Reading 11-00700zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-R" URBAN CENTER ZONE -RESTRICTED TO "T5-O" URBAN CENTER ZONE -OPEN, FOR THE PROPERTY LOCATED AT APPROXIMATELY 840 NORTHEAST 78TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00700zc CC 02-23-12 FR Fact Sheet.pdf 11-00700zcAnalysis, Maps & PZAB Reso.pdf 11-00700zcApplication & Supporting Documents.pdf 11-00700zc CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 840 NE 78th Street [Commissioner Marc David Sarnoff- District 2] APPLICANT(S): Lynn M. Summers, Authorized Representative, on behalf of Marine Max East, Inc., Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 5, 2011 by a vote of 8-1. See companion File ID 11-007001u. PURPOSE: This will change the above property to "T5-O" Urban Center Zone -Open. Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Noes: 1 - Commissioner(s) Carollo PZ.10 ORDINANCE First Reading 11-00791 zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 3, "GENERAL TO ZONES" AND ARTICLE 5, "SPECIFIC TO ZONES", TO PROVIDE REGULATIONS FOR STRUCTURES OTHER THAN SIGNS TO BE ALLOWED WITHIN DOMINANT SETBACKS; CONTAINING A SEVERABILITY CLAUSE City of Miami Page 127 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 AND PROVIDING FOR AN EFFECTIVE DATE. 11-00791zt CC 02-23-12 SR Fact Sheet.pdf 11-00791zt PZAB Reso.pdf 11-00791zt CC Executed Legislation (Version 2).pdf LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on December 14, 2011 by a vote of 7-0. PURPOSE: This will provide regulations for fences to be allowed to be placed in areas where dominant setbacks already exist, similar to existing provisions for dominant setback for buildings. Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Noes: 1 - Commissioner(s) Spence -Jones Absent: 1 - Commissioner(s) Carollo Chair Suarez: PZ.10. I'm sure there's not going to be much discussion on this. There's only like three small little changes. Barnaby Min: Barnaby Min, Zoning Administrator. PZ.10 is amendments to Miami 21 for first reading. It is to amend the criteria that the Zoning office looks at when considering a waiver for determination of what a dominant setback is. Chair Suarez: It's -- is there a motion? Mr. Min: And just for clarification, the PZAB (Planning, Zoning and Appeals Board) recommended unanimously that it get approved with one modification, that it be limited to only the front yard. The Administration has not -- the Administration is suggesting that that modification not be adopted by the City Commission for a number of reasons. Number one, under Miami 21, there really is no front yard. It's either a principal frontage or a secondary frontage. And obviously, if it's a corner lot, then it becomes difficult to determine what the front yard is. Additionally, the dominant setback criteria should also be considered in the Administration's point of view for the rear setback as well as the side setback when necessary. Chair Suarez: Opening up the public hearing on PZ.10. Anyone from the public want to discuss PZ.10? Hearing none and seeing none, the public hearing is closed; coming back to the Commission. Is there a motion as amended or as stated by the Administration? Is there a motion? Going once -- Mr. Min: And as a hypothetical, so we (UNINTELLIGIBLE) 3:15: 37 -- Chair Suarez: -- going twice -- Mr. Min: -- the benefit of the legislation. Vice Chair Sarnoff I hate to see Barnaby up there not get a date. So moved. City of Miami Page 128 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Chair Suarez: Moved by Vice Chair Sarnoff. Is there a second? Make -- let him sweat a little bit. Commissioner Gort: Second, first reading. Chair Suarez: Second on first reading by Commissioner Gort. It is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Just wanting to make sure that there's no modification. It's as read. Mr. Min: It's as written, correct. Ms. Thompson: Thank you. Your roll call. Commissioner Spence -Jones? Commissioner Spence -Jones: No, on second reading 'cause I need -- Unidentified Speaker: First reading. Commissioner Spence -Jones: No, on first reading. I just need a little bit more clarity, okay. Ms. Thompson: Continuing with your roll call. Commissioner Gort? Commissioner Gort: Yes, first reading. Ms. Thompson: Vice Chair Sarnoff? Vice Chair Sarnoff Yes. Ms. Thompson: And then Chair Suarez? Chair Suarez: Yes, on first reading. Ms. Thompson: The ordinance has been passed on first reading, 3-1. PZ.11 RESOLUTION 11-00477wt A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL BY INES MARRERO-PRIEGUES, AFFIRMING OR REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY DENYING OR GRANTING THE WARRANT SPECIAL PERMIT FILE NO. 11-0020, ISSUED BY THE PLANNING AND ZONING DIRECTOR ON MAY 5, 2011, TO ALLOW A SPECIAL TRAINING/VOCATIONAL SCHOOL (EDUCATING HANDS SCHOOL OF MASSAGE) WITHIN AN EXISTING BUILDING ZONED "T6-12-L", LOCATED AT APPROXIMATELY 3883 BISCAYNE BOULEVARD, MIAMI, FLORIDA. 11-00477wt CC 01-26-12 Fact Sheet.pdf 11-00477wt PZAB Appeal Ltr & Reso.pdf 11-00477wt Zoning &Aerial Maps.pdf 11-00477wt Warrant Appeal Ltr, Final Dec., Application & Plans.pdf 11-00477wt CC Legislation (Vers. 3 & 4) & Exhibit.pdf City of Miami Page 129 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 LOCATION: Approximately 3883 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] APPELLANT(S)/APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Iris V. Burman, Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions* of the Warrant and approval of the appeal. PLANNING, ZONING AND APPEALS BOARD: Approved the Warrant appeal by Geoffrey Bash, Abutting Property Owner, on December 14, 2011 by a vote of 4-3. *See supporting documentation. PURPOSE: The approval of this appeal will allow a massage school. Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo Note for the Record: Item PZ.11 was deferred to the Commission Meeting scheduled for March 22, 2012. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 VICE-CHAIRMAN MARC DAVID SARNOFF END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO D3.1 DISCUSSION ITEM 12-00047 City of Miami Page 130 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 DISCUSSION REGARDING ULTRA MUSIC FEST. 12-00047 Email - Ultra Music Fest.pdf DISCUSSED Chair Suarez: Commissioner Carollo has indicated to me that he's willing to postpone his discussion item until the next Commission meeting. I don't think we have to actually take a vote on that. Commissioner Spence -Jones has two discussion items. Commissioner Spence -Jones: No. I just have one, but I do want to ask him something -- Commissioner Carollo on music -- Ultra Music Fest. Was it the festival that's coming or the festival --? I'm just trying to -- Commissioner Carollo: I wanted to -- realistically, it's not that we had to come to Commission, but I wanted to, you know, give you an update because what's -- in essence, what's happened is we may lose a festival that brings in significant amount of revenues to the park and l just wanted to give you an update of what we're trying to do in order to make sure that those revenues don't leave the City ofMiami. Commissioner Spence -Jones: Okay. So are they -- it's normally at the Bayfront Park, though, right? Commissioner Carollo: It's actually in Bicentennial Park. However, since the museums are going in there -- Commissioner Spence -Jones: Oh, I see. Commissioner Carollo: Yeah, so we're trying to accommodate to bring them into Bayfront and see if they will put money upfront, and I'll elaborate on that and give you some good hard -- Commissioner Spence -Jones: Okay. Commissioner Carollo: -- numbers. END OF DISTRICT 3 DISTRICT 4 CHAIRMAN FRANCIS SUAREZ D4.1 DISCUSSION ITEM 12-00011 DISCUSSION REGARDING MIAMI DOMAIN NAME. 12-00011 Email - Miami Domain Name.pdf DISCUSSED Chair Suarez: D3's (District 3) not here. I have two quick discussion items, and then I think Commissioner Spence -Jones has two quick one as well. The first is I've been approached by some people who are interested in licensing the .miami name. And essentially what the process involves is that whoever -- whatever company would be selected through a request for proposal process would essentially take on the cost involved in purchasing, going through the application, which is a roughly 150 to $250,000 cost which the City is not in a position to bear, and then they would share the revenues -- they would market the product -- that would be their cost as well -- and they would share in the revenues with the City ofMiami. So to me, it's a no-brainer. It's a City ofMiami Page 131 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 win -win for the City. We'd sit back. We'd license our name. Somebody else does the marketing. We keep -- obviously, we can keep control over certain aspects of the licensing, like we do in other arenas. It's to me not very controversial but there is a timing issue. There's two things I want to bring to the attention of the Administration. There's a timing issue. If we're going to go to RFP (Request for Proposals), it's got to be completed within 30 days. And this opportunity, the last time it came around was ten years ago, so we may not have another opportunity for this in another ten years. So I would just -- my recommendation and request would be that we direct the Administration to complete an RFP, to be completed within 30 days on this issue. Commissioner Spence -Jones: Mr. Chair -- Chair Suarez: Yes. Commissioner Spence -Jones and Commissioner Gort. Commissioner Spence -Jones: I just wanted to make sure that -- you know, I don't know if you guys got briefed on this whole issue, but we did have somebody that came by to kind of brief us on the overall issue and I'm glad that there is an RFP process. I think that it's extremely important from a transparency standpoint. We need to allow as many people as possible to see what else is out there and in that way we keep everything open and upfront. So I -- Kenneth Robertson (Director, Purchasing): Mr. Chair. Commissioner Spence -Jones: -- that would be the only thing that -- Chair Suarez: Yes. Commissioner Spence -Jones: -- I would like to happen. Mr. Robertson: Kenneth Robertson, Purchasing director. We can initiate an informal RFP process that can be completed within 30 days. That would require a four fifth affirmative vote to waive our procurement code, but we will follow some process. Chair Suarez: So an expedited process, yeah. Mr. Robertson: It would be expedited. Do you want it formally advertised in the newspaper? Chair Suarez: Yeah. To the extent -- yes. Commissioner Spence -Jones: Explain to me why it has to be expedited though. I want to understand that. Chair Suarez: Well, you mean from the perspective of -- Commissioner Spence -Jones: Why do we have to do it in 30 days? Chair Suarez: Because apparently there's a certain time limit -- Commissioner Gort: That's the time limit. Chair Suarez: Right. For us to apply for this thing, it's got to be done within a certain period of time. So we have -- I was told that we need to decide who's going to do it within the next 30 days so that they can do their application and comply within the timeframe that allows them to apply for the name. Commissioner Spence -Jones: Okay. Can I just say this because -- City of Miami Page 132 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Chair Suarez: Sure. Commissioner Spence -Jones: -- one of the questions I had with the group that was here -- andl see that they're in the audience. I asked that they at least sit down with IT (Information Technology). Did that ever happen? Unidentified Speaker: Yes. Commissioner Spence -Jones: Okay, so is anybody from IT here? Unidentified Speaker: Yes. Commissioner Spence -Jones: Oh, okay. I didn't see you there. Okay. I just want you to at least put on the record 'cause that was a concern. At the time when I met with them, they had not met with IT, the department, as of yet. So I thought that before we even got involved in any of that, we needed to at least hear from -- they needed to at least have a conversation with your department first to figure out what makes the most sense. So can you please put something on the record? 3: 21:19 Part 5 Cynthia Torres: Yes, absolutely. This is Cynthia Torres, acting director of IT. We actually didn't meet physically. We met over e-mail (electronic) and we exchanged information. I actually wanted additional information beyond that that was provided in the individual packets for lots of clarity purposes, revenue share estimations, where the numbers came from, just so that we could understand the bigger picture whether -- you know, whether it was something to move forward with. Commissioner Spence -Jones: And this is what I'm saying to you, Mr. Chairman. We hire professional people to do work. Chair Suarez: Right. Commissioner Spence -Jones: Andl wasn't trying to be mean to the group that came in, but I'm like we have a department, this is what they do, please go meet with them first. I think the department then should come at least brief us, you know, to let us know, hey, Commissioner, we think this is a great idea. We've totally vetted it out. Even though they would still have to go through a process, I think -- again, I think it's important for you to give us a recommendation how it needs to be handled, to then work along with Procurement to put it out because I don't want it to be seen in any way that we're showing any favoritism to any particular group. I think it's extremely important to do it right. Chair Suarez: And you know, I agree. I think that's why I strongly urge that there be a, you know, an RFP process. Commissioner Spence -Jones: No, no. You're right on -- Chair Suarez: Yeah. Commissioner Spence -Jones: -- I'm not even talking about the RFP process 'cause you've stated that and I'm glad we're doing it upfront. But what would like to say, though, Mr. Chairman, is that think it needs to be more than a phone call. I think that you need to -- I think that there needs to be a discussion -- they need to get together, you know. And before you decide to put an RFP together, let her at least vet it out and if she still has questions on it, let's get those questions answered first before we go into telling him how to put an RFP together. Chair Suarez: And you know, the only thing would say to that is, you know -- and I'm by no City of Miami Page 133 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 means an expert on IT -- Commissioner Spence -Jones: Me neither. Chair Suarez: -- but you know, when somebody comes to you and says, listen, we're willing to take all the risk and share with you the profits, to me, that to me is a no-brainer. Commissioner Spence -Jones: Listen, and I'm excited about that -- Chair Suarez: Right. Commissioner Spence -Jones: -- because we need the money. Chair Suarez: Right. Commissioner Spence -Jones: But I'm just simply saying, you know, it is still on both ends a great business -- it's a great business venture for them too, correct? Chair Suarez: Of course, for whoever -- Commissioner Spence -Jones: So I'm just simply saying -- Chair Suarez: -- gets selected, yeah. Commissioner Spence -Jones: -- this is the professional, right. I know that they can tell you that I recommended that they sit down and talk to her. Ms. Torres: Okay. Commissioner Spence -Jones: There should have been feedback and she does have feedback now, correct? Ms. Torres: I just received a series of pieces of information that include cost sharing, projections of revenue -- Commissioner Spence -Jones: But you had questions on it, right? Ms. Torres: -- (UNINTET,TIGIBT,F). I have additional questions on it, butl think that that's all part of the process of understanding what we need to do. I do want you to know that as soon as we got the packages, we went out to the ICANN (Internet Corporation for Assigned Names and Numbers) site and at least I spent many, many, many hours reading up on all of the restrictions, what the rules are, the process and what kinds of resources are required so that we can understand through their proposal what they're truly offering to the City and whether or not the cost sharing over time was going to return a significant value versus any other options, right. So by going through the regular RFP process we're able to establish some of those rules ourselves. Chair Suarez: Yeah. Andl don't have a problem with that, establishing the rules and all that. I mean, I just know we're paying $11 million approximately in IT and we 're generating zero dollars in revenue from IT. Ms. Torres: Eight point nine, sir. Chair Suarez: Okay, well, there you go. You correct me, 8.9. Ms. Torres: Probably more in the other -- City of Miami Page 134 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Chair Suarez: We're still generating zero, which is the one that I'm more concerned about. Ms. Torres: Agree. Chair Suarez: And when a company to me comes and says, listen, I'm willing to take the risk, pay the money, and we can split the fees, you know, it doesn't have to be necessarily them. That's the purpose of an RFP. But when that idea is out there and there are companies that want to do that, to me, you know, we have to stop trying to put obstacles in the way of certain things and we need to, you know, move quickly to seize an opportunity. Ms. Torres: Absolutely. Chair Suarez: The City's in no condition, I could tell you right now, to spend $100, 000 or $150, 000 or $200, 000 putting together one of these applications. We're in no position to do that. So you know -- Commissioner Gort. Commissioner Gort: I'm glad you brought this up because I think about four month [sic] ago I had somebody visited me -- it was four or five month [sic] ago, I sent it upstairs to the Administration. I told them, this looks like a good idea. Let's look into it. I've been talking Administration. My understanding is they talk to the -- and it was a time certain that they needed to have some action taken. My understanding is the Administration get back to me and they told me, no, they extended the time when they going to have to put it in. I think this is something that we should have done a long time before. Now my second question is, why does it take three month to put it -- or how many days does it take to put an RFP out? Mr. Robertson: Kenneth Robertson, Purchasing Department. The Code requires that we advertise for a minimum of 15 days. Our procedure for RFP specifically extends that to 21 days. So from the date of publication before we even get anything, there's a 21-day process that happens. When the proposals are received we have to vet them for administrative compliance. Then we transmit them to the evaluation committee members. They need to review and go over the proposals. Commissioner Gort: That's City Code? Mr. Robertson: That's our City Code, yes. Commissioner Gort: We impose that. Mr. Robertson: Yes. Commissioner Gort: Okay. That's something we need to look into. Chair Suarez: Yeah, I know. I know we did a very quick, expedited RFP process to select our realtor for the Marlins -- Mr. Robertson: Correct. Chair Suarez: -- commercial garages. I'm pretty sure we did it in a very quick period of time so I hope we have the flexibility and the ability legally to do it that way. Mr. Robertson: We can mirror that process. That was not advertised in the paper because it was for a short advertisement period. That did also require a four fifth bid waiver, but we did follow a procurement process. City of Miami Page 135 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Chair Suarez: Thank you. Commissioner Carollo: And Chairman, we -- although we didn't advertise in the newspaper, we sent out to everyone -- Mr. Robertson: Correct. Commissioner Carollo: -- that did that type of business or everyone that we knew -- Chair Suarez: Yeah, and I'm not criticizing it. Commissioner Carollo: -- you understand -- Chair Suarez: I'm just saying we should model ourselves -- Commissioner Carollo: No -- yes. Chair Suarez: These circumstances happen from time to time -- Commissioner Carollo: Absolutely. Chair Suarez: -- andl think Commissioner Spence -Jones' concern is well taken, which is that, you know, two fold. One -- andl don't want to restate the whole thing, but basically that it should be a competitive process so that there's a transparency, you know. No one's worried about, you know, this being a cooked deal or anything of that nature, you know. Andl agree with that 100 percent. I just -- you know, we have an opportunity. We can -- we always have two options in the City. We can do nothing and lose the opportunity or we can try to do something and then we may have a revenue source that provides quarter of a million, half a million, a million dollars in revenue and it's not controversial. It's not a tax -- Commissioner Spence -Jones: Right. Chair Suarez: -- it doesn't bother anybody. There -- you know, so that's just my thing. Commissioner Spence -Jones: And the only thing I'm saying -- andl -- Mr. Chairman, I support the item. It's on your blue pages. It's not that I don't support the item. I just want to -- if you have a department head -- that's what they're there for. And immediately before I even had five minutes of a conversation with the individuals that came to communicate to me on it, my direct communication is did you sit down with IT. And the answer was no. And my response was, before we could even talk about doing anything, you need to have a conversation with IT because I'm sure there has to be some key questions that they may have that I don't know what to ask. And they -- Chair Suarez: And in fairness to them, I don't think -- when they first came to visit with me -- and they're not the only company, by the way, that has mentioned, you know, interest in this. But when they first came to visit with me, I don't think you were the IT director at that time. I think it was the prior IT director. So -- and he wasn't there much longer. So it may have been the transitional -- that may be why they didn't have an opportunity to meet, but they should have. I agree with you; they should have. Commissioner Spence -Jones: Yeah, no. I met with them probably about a month ago, it might have been. And from that month, during that particular time I asked for them to just sit down with her andl believe you were there, correct? Yeah, so as long as we're clear thatl think the steps should be communication with IT on this RFP process and you need to make sure you vet out all the key questions because I think that's extremely important. City of Miami Page 136 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Vice Chair Sarnoff Mr. Chair. Chair Suarez: Yes, Mr. Vice Chair. Vice Chair Sarnoff You know, I was completely -- I thought -- I think your idea is a great idea so I kind of plugged into it. And I think you've kind of -- if somebody were watching this right now, I don't think they'd really know what we're talking about 'cause -- Chair Suarez: Yeah. I kind of glossed over that. Vice Chair Sarnoff You did 'cause you're the Chairman and you have a lot to think about, but what you're talking about creating is something called .miami -- Chair Suarez: Yes. Vice Chair Sarnoff -- which is wwnews.miami [sic] -- Chair Suarez: Right. Vice Chair Sarnoff -- you know, marcdavidsarnoff@. miami. You know, it's -- as opposed to .com. Chair Suarez: Right. Vice Chair Sarnoff So, you know, to give somebody an idea what this may mean and there are currently in the world 100 million Web sites with .com. There are 8 million at .info. There are 2 million at .biz, and there are 1 million . us. Miami -- and by the way, consumers ordinarily get charged between 10 and $20 for each, you know, domain name that they register. So at that rate, potential revenue could approach $20 million. So you're absolutely dead right. This could be something very, very big. You know, I immediately asked my staff why do we need somebody to do this because why don't we just do it ourselves? We have this super big IT Department. We've always pretty much given them what they wanted. But the hard upfront cost, it's 185,000 ICANN application fee. It's up to $1 million to set up the contractual relationship with the registers. Potential upfront costs are another 100 to $300, 000 for registry service provider or private consultancy. So the startup cost could be anywhere from 1 million to $3 million. And here's why you're rushing for it -- and I don't know if you know this. Chair Suarez: No, no, no. I do know it. Vice Chair Sarnoff But the -- well, I want everybody else to know 'cause -- Chair Suarez: (UNINTET,TIGIBT,F). Vice Chair Sarnoff -- I don't want anybody to think, you know, it's a sweetheart deal or something like this. Vice Chair Sarnoff Right, right. Vice Chair Sarnoff The first registry -- the first registration must take place by March 29, 2012. The application deadline is April 12, 2012. You know, I don't want to -- I just wanted to put some meat on the bones -- Chair Suarez: Thank you. City of Miami Page 137 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 NA.1 12-00106 NA.2 12-00109 Vice Chair Sarnoff -- of what you said because I was intrigued by this. And I think this is something we should pursue in a competitive nature but pursue. And it would be great if one of your ideas brings in a million, five million, twenty million. Whatever it brings in, it's more than you're getting now. Chair Suarez: Thank you so much andl appreciate you amplifying that. END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES END OF DISTRICT 5 NON AGENDA ITEMS DISCUSSION ITEM CHAIR SUAREZ ACKNOWLEDGED THE PRESENCE, IN THE MIAMI CITY COMMISSION CHAMBERS, OF FORMER CITY OF MIAMI COMMISSIONER, VICTOR DE YURRE. DISCUSSED Commissioner Gort: IfI may, I would like to -- Chair Suarez: Yeah, of course. Commissioner Gort: -- recognize former Commissioner Victor de Yurre, who's visiting us today. Pleasure to have you here. Chair Suarez: Great. Commissioner Spence -Jones: Hi. Chair Suarez: Good to have you, Commissioner. I couldn't -- I can't see you from that far without my glasses. I'm sorry. Sir, you're -- unless -- DISCUSSION ITEM DISCUSSION BY CHAIR SUAREZ REGARDING THE SELECTION PROCESS FOR THE CITY OF MIAMI'S AUDITOR GENERAL POSITION. 12-00109-Submittal-Charter Section 48-Auditor General.pdf 12-00109-Submittal-Job Description for Auditor General.pdf DISCUSSED Direction by the City Commission to the Administration to start a new hiring process for the selection of an Auditor General and work in consultation with Commissioner Carollo who will draft the procedures. Chair Suarez: By the way, before you start, Mr. Sosa, I just want to kind of quickly apologize for the auditor general candidates who are here in the audience today. We were set to start at 3. Our executive session ran long and we're missing one Commissioner. So before we begin that City of Miami Page 138 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 process, I wanted the Commissioner to be here. [Later..] Commissioner Spence -Jones: Okay. Can I ask this question really fast -- Chair Suarez: Yes, of course. Commissioner Spence -Jones: -- on the auditor's -- auditor candidates that are here? Chair Suarez: Yeah. Commissioner Spence -Jones: We're tabling that as well. Chair Suarez: Yes. We're waiting for him as well on that. Commissioner Spence -Jones: And just so that we know, how many people are actually here? Can I ask that question? Chair Suarez: Yeah. Can you raise your hands, those who are auditor general candidates? One, two, three, four -- Priscilla A. Thompson (City Clerk): Five. There are a total of five. I met them during our break. Five of them are here. I think one just stepped out, but there -- all five are here. Commissioner Spence -Jones: Okay. Chair Suarez: So everybody's here. Commissioner Spence -Jones: And we are going to make a decision on that today or a recommendation -- Chair Suarez: That's my hope. Commissioner Spence -Jones: -- on -- Chair Suarez: My hope is for there to be a decision today. And if you want, I can explain real quick what the procedure is, what -- that the Clerk andl had kind of come together to create. And that was basically that we were going to have a balloting process where everybody will get a ballot. They get to rank, based on the former Chairman's instruction, their top three candidates. If three or more Commissioners vote the same person as their top candidate, then we nominate that person and we vote on that. Commissioner Spence -Jones: And what happens if it's a tie? Chair Suarez: Well, if -- well, they can't be a tie because if you nominate three people the number -one candidate, by definition you can't do that to more than one person mathematically. Commissioner Spence -Jones: Okay. Chair Suarez: So then -- but there could be a tie in scenario number two, which scenario number two is if we don't have anyone with three or more first place votes, scenario number two is we combine the total votes and see if that helps us make the decision. If there's a tie on that, then whatl would ask is if anyone -- if there's anyone that has two first -place votes, okay, and then -- if that person or that -- those people, if they have any second -place votes, if the person City of Miami Page 139 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 who ranked them second would be willing to rank them first. So hopefully by one of those three processes we'll be able to come to a decision. Commissioner Spence -Jones: Okay, and are we going to allow them to at least do like a three -minute something? Chair Suarez: I leave that -- Commissioner Spence -Jones: I would like for them to at least -- Chair Suarez: Andl told them that that would be a possibility, that the Commission may want them to make some sort of a presentation, so that's one of the reasons why I asked them to come. Commissioner Spence -Jones: Yeah. Chair Suarez: So, yeah, if that's what you want, then I have no problem with that. Commissioner Spence -Jones: I just think that it's important to tell them now so they're not at least in the midst of all this other stuff that we're doing, that they should be prepared to at least give a three -minute, you know, something about themselves not only just because we have to make this decision, but we do have people on TV (Television) that are watching this and we have to make a decision for, you know, the overall city andl think it's important for them to know who these people are as well. Chair Suarez: So what think we'll do then, Commissioner, is we'll let them make their presentations first. We'll give them each three minutes on the clock by the Clerk, and then we'll proceed to do the voting. Commissioner Spence -Jones: Okay. Chair Suarez: Okay. Commissioner Spence -Jones: So you guys know that you have three minutes to be prepared. Chair Suarez: And just for clarity, it's not going to be in question and answer. It's -- Commissioner Spence -Jones: No, no. Commissioner Suarez: -- going to be them make -- Commissioner Spence -Jones: Just a statement. Commissioner Suarez: Okay, great. Commissioner Gort: And -- Chair Suarez: Yes. Commissioner Gort: -- I think it's very important to explain that we have met with all the candidates and we have spent time with them also. Chair Suarez: Okay, that's fine. I'll restate it for Commissioner Carollo. Commissioner Spence -Jones: Okay. City of Miami Page 140 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Chair Suarez: Okay. [Later...] Chair Suarez: I'd like to now go to the auditor general since we've had the candidates here now for an hour and a half waiting patiently for us to take up this issue. I just want to repeat for the benefit of Commissioner Carollo, who had to step out for a second, what we had discussed in terms of a procedure. I was told by the Clerk that she had actually gone over it with all the different Commissioners. And basically, the way it would work is we would base -- on the basis of what Commissioner Gort had mentioned in prior Commission meetings, we would be ranking our top three candidates out of the five. Before we go to the ranking system, Commissioner Spence -Jones had requested that each candidate be given three minutes to make a three -minute presentation and it will not be a question and answer. It will just be them making a three -minute -- each a three -minute presentation that the Clerk will set the clock for. Once the presentations are over, we will proceed to take a vote. If more than three Commissioners have ranked the same candidate as the best candidate -- Commissioner Carollo: Number one. Chair Suarez: -- number one, then we will proceed to nominate that person and vote on that person. If for some reason there are not three can -- you know, three number -one votes, then we'll go to the total score to see if we have a candidate. After that, if there's a tie on the total score, then what I'm going to ask the Clerk is if any candidate received two number ones and a number two and see if the person who voted number two would be willing to change to a number one. Hopefully by those three different processes we'll get to the right answer. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, please. You're recognized. Commissioner Carollo: Thank you. And by the way, thank you. Andl -- this was the process that thought we were going to do, you know, in the previous meetings andl guess it got a little murky and it didn't occur. Before we start the whole process and since we all know and the public knows that, you know, we do not violate sunshine law andl definitely do not andl have not had a chance to speak to my colleagues with regards to this andl would like to, you know -- even though it's probably not the politically correct thing to do, I always do what is correct and what is right. Andl want to have this conversation with my colleagues because I want to make sure that this process is done correctly. At the same time, this is going to be -- and mind you, I was the one saying, hey, we need to get this done already. We need to push it. We need to get this done. But with that said, also, whoever we decide on is going to have a four-year contract. He will be here for four years. I have mentioned numerous times to the City Attorney and every time she has come back and tell me no. As soon as you choose an auditor general, that position is for four years. Andl understand the reasoning behind it, but at the same time, you know, there's pros and cons to it. And I'll tell you why and what I am seeing. And when I say this, I speak more as a fiduciary duty to the City, as someone that, you know, really cares, as someone, you know, from a CPA (Certified Public Accountant) profession, which I have also reached out to, you know, numerous of my colleagues. And the first thingl want to point out is what our Charter says with regards to the -- Chair Suarez: Independent auditor. Commissioner Carollo: -- qualifications of the auditor general. And it very clearly says -- and I'm not going to read you the whole paragraph, but I do want to point out to "in lieu of such degrees, shall have at least five years of experience in public administration and shall have sufficient experience in governmental accounting and auditing practices. " At the same time, I City of Miami Page 141 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 want to point out that at the September 15 Commission meeting, this Commission directed the Administration to have the selection committee choose three candidates and those three candidates should come back to this Commission. Somehow, I don't know how it occurred, but five candidates were chosen with three alternatives. I knew that we had asked for three and five came, andl didn't think it was that big of a deal. I didn't make that big of a deal. However, when I started seeing that -- what I and the selection committee was saying were the top three candidates withdraw one by one, I started being concerned and then I started doing more due diligence. I actually requested any documentation, public records of that selection committee after also speaking to some of the candidates and asking them about some of the alternatives. And realistically, one point blank told me, Frank, I don't remember these individuals. Andl requested to receive, you know, their documentations of what, you know, transpired, what exactly occurred. The selection committee meeting was not taped. It was not recorded. Minutes were just as simple as a one -pager that says recommendations, primary. It has five names; alternatives, it has two names. As a matter of fact, one of the alternatives that we have before us didn't even make it here so I don't know where it is. And it's simple discussion led by Mr. (UNINTELLIGIBLE) 3: 08: 34 on candidates and summaries provided to Ms. Pruitt on names put forth. When you go to their individual pages, I mean, you clearly see who their top candidates were andl mean the consensus of the selection committee. And I'm disappointed to say that those candidates all withdrew. Now the majority of the candidates that we have before us -- Commissioner Spence -Jones: Can I see that sheet that you're talk -- the list? Is that the same list we have here? Commissioner Carollo: No. Commissioner Gort: Yes. Commissioner Carollo: No. Commissioner Spence -Jones: He's saying no, you're saying yes; which one is it? Commissioner Carollo: I'm sorry. I went a step further. I went to where the selection committee filled out andl could show -- Commissioner Spence -Jones: Okay. And that was the list in order? Commissioner Carollo: It's not in order, but you could clearly see by far (UNINTELLIGIBLE) 3:09:18 -- you see what it says on -- Commissioner Spence -Jones: Okay. Commissioner Carollo: -- the different candidates. And what's more importantly that I see is that the majority of the candidates we have before us weren't graded by them so I don't -- Commissioner Spence -Jones: Well, actually, there is one on here. Commissioner Carollo: No -- right. But the majority of the candidates before us weren't graded by the selection committee. Commissioner Spence -Jones: Oh, yeah, yeah, yeah. I got you. Commissioner Carollo: So they didn't have the benefit of going through the selection committee or, in essence, I don't know how we obtained the top five candidates and the alternate. It's definitely not reflected in each selection committee member's sheet. Andl bring this up because I truly believe that -- and by the way, I've interviewed all of them, even all the ones that City of Miami Page 142 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 withdrew. And as a matter of fact, I've actually had conversations with most of them or all of them after, you know, they've withdrawn because I mean, in all fairness, I want to know what they saw. You know, I want to see what they saw wrong; was it procedures, was it -- you know, and learn from it so in the future -- Andl mean, in all fairness, this is also a young Commission, so I wanted to learn from it. Not to mention -- I mean, in all fairness, I think even our administration is pretty -- I mean, we've had a lot of turnover so a lot of the administration is also new. But I wanted to learn from the process, learn -- see what occurred. And something that I'm concerned about is that -- and let me first say I think all the candidates have very good resumes. They really do. One of the concerns -- or the main concern that I'm seeing is the experience in governmental, and that's like having outstanding divorce attorney and asking them now to have -- andl'm saying, because you all do have outstanding resumes -- but asking a divorce attorney to come in and try a case -- a criminal case. It's different. So I'm really, you know, having concerns with that and my questioning at the beginning of -- you know, with some of these candidates were from, you know, the conduction of performance audits and according to -- and according with generally accepted government auditing and accounting standards, ensuring compliance with established accounting and financial requirements, evaluating efficiency and effectiveness, you know, assessing if there's any abuse of resources, you know, different departments, IT (Information Technology), Capital Improvement, et cetera, et cetera. And it went from that to more recently what governmental experience do you have. So I bring this to you, to my colleagues, because it is a concern. Now I think the politically prudent thing for me to do is pretty much say, okay, you know, this process has taken six months. It's taking way too long, like I stated before andl think like we know. Let's just choose any one of the candidates that we have in front of us and, you know, move forward. However, you know, as a fiduciary duty to this City, I need to point this out. What is the solution or possible solutions? One is -- andl spoke to some of the members of the selection committee to get some advice. I've spoken to our director of Human Resource [sic] or Employee Resource [sic], Beverly Pruitt, and I've inquired if we would start this process again, could we have the procedures established plainly so everybody knows? Could we do a 30-day period where we put -- where we advertise in the same locations that we advertised before? Once that 30-day period is over, we choose -- we could actually use the same selection committee, go right into the selection committee and it must go to the selection committee within two weeks with -- as soon as they choose, within the next two weeks, we set up through our Employee Relations the meetings with the individual Commissioners and, by the way, they choose three -- we will have the selection committee choose three, the top three candidates. Once they do that, our ER (Employee Relations) would notify them and then set up, along with our Commission office, meetings with all three candidates and come back to this Commission meeting with a set date within another two weeks -- so in other words, the whole process should take two months -- with a set date, what's expected of them, a presentation, and then for us to make a decision on those final three. That's a recommendation. That's a suggestion. Again, I'm just putting it out there andl'm voicing my concern. Commissioner Spence -Jones: Can I --? Chair Suarez: Yes, Commissioner Spence -Jones. Commissioner Spence -Jones: That was one recommendation. Did you have another one? Commissioner Carollo: Other than that, I mean, the only other that I could think of is, you know, voting on some of the candidates that we have. You know, I'll be honest with you, even though I think some of these resumes are excellent, I will be biased because, you know, they're -- and by the way, they've worked for some very, you know, good companies. You know, they've had excellent experience in financial institutions and other -- but not governmental. Commissioner Spence -Jones: Let me -- I just want to add on it. My only concern -- I've been back six months, okay, and technically we've been without an auditor for almost six months. My concern is that it's now -- this 30 days that we're asking for becomes another two to three -- City of Miami Page 143 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 another two months. Let's say 30 days, two weeks -- Commissioner Carollo: And two weeks back to us. Chair Suarez: It's going to be 60 days. Commissioner Spence -Jones: Okay. Chair Suarez: Going to be 60 days -- Commissioner Spence -Jones: So six -- another sixty days. Chair Suarez: -- under this procedure. Commissioner Spence -Jones: You know, and my concern at this point, it -- to me we're not being responsible when we know we have all of these things hanging out there that really need to be addressed. I do concur with you that maybe perhaps some of the things that were done -- that was done in -- you know, from the standpoint of how the process went -- I'm sure a lot of people were frustrated and that's why they dropped out. But I'm just going to tell you, this is just my viewpoint, okay. If you drop out of a process for whatever reason, if you decide that you, for whatever reason -- it's not going the way you want it to go or you didn't like the way her hair looked or you didn't like the fact that it didn't start on time, whatever the issues may be, that says to me -- I can't speak for you -- that says a lot about the individual. And one of the candidates I believe on here at least three of us probably would have voted for, andl was very impressed with the fact that he had wonderful experience in municipal government. I thought it was excellent. As a matter of fact, that was one of my highest points because I really felt it was necessary in order to deal with this type of environment that we're in. But the minute the person decided to drop out because, for whatever reason, they felt heat or they felt -- I know I was the last person that interviewed him, and I'm just going to tell you, I was -- in my interview, I asked some pretty tough questions about just general things. And if that was enough to spook someone about the position, then they didn't need to be applying for the job anyway. I don't care how much experience they had, they just -- if they couldn't handle that portion of it, then they can't handle the rest of it. So I don't want to gauge it on that because I think that would probably be not the right thing to do. Butl do want to say this about the candidates thatl did get a chance to meet andl met them all. I think -- I didn't meet one of them actually. Everybody else I got a chance to meet. I met four, but I didn't meet the fifth one, okay, and hopefully -- that's the reason why I asked for the three -minute time period to have you come up and say something so at least I'll get a sense. But going into those interviews, I very much felt the same way about municipal government, that that was necessary. But after I came out of those interviews, I was thoroughly impressed with the level of professionalism, with their experience. I immediately felt, you know what, maybe having someone in government for 20, 30 years may not be the option we need now. Maybe we need the brightest minds out there that can come in and look at it from two different perspectives. Maybe we need to be in a position where people are not moved by the politics; they're moved by the issues. Maybe we need to be in a position where you have someone that feels -- for whatever reason, is motivated by doing, you know, the right thing and not the political thing. So to me, honestly, when you get someone that has not been in government, you get someone that comes with a different mindset on how to deal with these issues andl think having all of this wonderful corporate experience is great. Honestly, I think it's great that we have the opportunity to even have it, you know, because that means that person has had an opportunity to work for several major national, international companies that, quite frankly, we need somebody looking at what we have out there to figure out what we need to do better, you know, so -- and I'm not saying government is not better, but we all can admit it can be better, okay. So I don't want -- if that's the gauge that if we do do another process, the process is because it's written that they have to have some sort of governmental experience or whatever the case may be, I don't want that to be my only sole means of judging whether or not the person is the best person for City of Miami Page 144 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 the job because, quite frankly, the three governmental people that we had on there, they dropped out. So honestly, I think we need to get on with the business of the City. We need to figure out who that person is. If you want to do the first round and then drill down further on that, I'm fine with that. But it doesn't make sense to keep taking -- part of the issue that people have is the fact that we keep prolonging a situation that's -- that needs to be dealt with. So -- I'm sorry, Mr. Chairman, but I felt that it was necessary to say I think that whether or not we choose someone today, I think that we should respect these professional people that have come out, that have been part of the process, to allow them to at least be able to communicate not only to the Commissioners sitting up here but the people at home, you know, that are also interested in knowing who's going to be their auditor for the next four years. Chair Suarez: Thank you, Commissioner. Commissioner Gort. Commissioner Gort: Well, I sort of agree and I'm not going to -- enforcing that, that sometimes someone that comes from the private sector that can come in and probably do a lot better than the public sector. At this time, I interview all five of the individuals. I've talked to them. They're very professional. Out of the five, I think -- of the four or the five that are here, they were recommended by the committee. They're part of the committee. There was recommendation from the committee. I've talked to an individual that I talk -- that I - that was replacing me at the committee as my member. He's a CPI and -- what is it? Commissioner Carollo: CPA. Commissioner Gort: -- a CPA and he's very familiar with the audit and the type of work and he [sic] was impressed. Andl have to tell you, the people that I've talked to, I'm impressed with every one of them. I think that they have some good resume and they're here. Commissioner Spence -Jones: Right. Commissioner Gort: And I think at least -- I mean, they're very professional. They didn't retire. After reading everything that's been saying about this in the papers and all that where a lot of the people, the qualified people walked away -- Commissioner Spence -Jones: Can I see the document? 'Cause I want to make sure I'm making the right decision, too, now. Commissioner Carollo: Yeah. This is -- Commissioner Gort: I think we got to extend the courtesy and listen to the people here. Chair Suarez: Thank you, Commissioner. Commissioner Sarnoff, do you have anything or --? I have some things as well so I'll let you go first. Vice Chair Sarnofff. Of course, 'cause you're the chair, Mr. Chair. I think Section 48 is quite clear. I don't think any Commissioner up here has any entitlement or can in any way, shape or form not follow Section 48 of the Charter, so I don't think we have a choice. And just from a lawyer's standpoint, you have the word shall. You don't have the word may. You don't have the word could. You have a demand of shall. And it's pretty clear they're going to have to have public administration, or in lieu thereof they should have at least five years' experience in public administration and shall have experience in governmental accounting. Commissioner Spence -Jones: And then let me just say this. I'm going to tell you what drives me nuts. Then they should have never made it to the cut. Chair Suarez: True. City of Miami Page 145 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Vice Chair Sarnofff. I don't necessarily -- Commissioner Spence -Jones: You know, why take people through all of that in the process, you understand, parade them around, and then tell them, guess what, you shouldn't have even been at the table. That's disrespectful. Chair Suarez: And you know, I want to add just one little snippet, andl don't disagree with what Commissioner Sarnoff said or necessarily what Commissioner Carollo said. My thing was that I know for a fact -- and I'm not going to say who, which one of the candidates it was, butt know for a fact that one of the three candidates who had dropped out -- I got a call from their employer and their employer was surprised to learn that they were applying. They had not told their employer that they were applying and it was another governmental agency. So I happen to know the person and the person happened to be a high-ranking person in that entity and that person called me and said, you know, what's going on. And I think that person's dropping out had more to do with the fact that their current employer was figuring out what was going on. It had a lot more to do with that than with any other reason. But you know, I basically agree with the sentiments of everyone here really. Madam City Attorney, here's -- I think there's a legal question that's been presented, which is, first of all, somebody is supposed to -- has to make a determination as to whether or not the qualifications fit the Charter requirements. And so my question to you would be, do the qualifications of the candidates fit the Charter requirements? Julie O. Bru (City Attorney): Mr. Chair, I have not been involved in the process at all. You had a committee and you have an ER Department whom I assume looked at the resumes and applications and then looked at the minimum qualifications. Andl assume that nobody was allowed to proceed in this process if they didn't meet the minimum Charter qualifications. You need to direct that question to the individual who conducted the process. Chair Suarez: Ms. Pruitt. Beverly Pruitt: Mr. Chairman, Beverly Pruitt, director of Human Resources. The position was posted with the job description of record for the auditor general position that is for the City. So that position was established and that job description was posted. That is the minimum qualifications. When the job was posted, it was instructed that all resumes would be given to the committee identified by this Commission to review and screen and select those candidates. They Commissioner Spence -Jones: Ms. Pru -- can you give -- is it possible for you to provide us with a copy of the job description? Ms. Pruitt: Certainly. Commissioner Spence -Jones: 'Cause I think that that would also clear this up because I'm assuming what you're saying right now is -- basically, you took the existing job description that has always been there and you -- Ms. Pruitt: Posted -- Commissioner Spence -Jones: -- put it out. Ms. Pruitt: Yes. Commissioner Spence -Jones: Okay. So you didn't actually go through the Charter and point out clearly what the Commissioners here are pointing out as issues that should have been perhaps in the job description, correct? City of Miami Page 146 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Ms. Pruitt: Because I'm not -- I can't base that on memory. We went through the information we have in our department, which may have included the Charter, but it was the job description of record for the City. Commissioner Spence -Jones: Okay. Ms. Pruitt: So it would have historically have been what was in the Charter prepared as a job description for the City operation. Commissioner Spence -Jones: So if we can have a copy of the job description, I think that will clear it up because I don't want it to become your fault now about the job description and you not knowing what was in the Charter because, quite frankly, they gave you the job description. So is there any way you can ask staff to get us a copy of the job description? I just think it's extremely crazy that we are here on the ninth hour talking about job descriptions and we have five people in the audience waiting for a vote. Chair Suarez: Yeah, this certainly does change things a little. Commissioner Spence -Jones: Yes. Vice Chair Sarnoff Well, let me say this -- Commissioner Spence -Jones: Andl want to say, you're right -- Commissioner Sarnoff, I'm not making you wrong and I'm not making Carollo wrong. I'm just saying it makes us look crazy. Vice Chair Sarnoff I don't know that we look bad, but we're being made to look bad because somebody didn't do their homework. Andl think what I'm going to do -- I'm going to give each City employee 60 days to read the Charter ofMiami and then I'm going to have a test that I'm going to have Commissioner Suarez's chief of staff administer. And if they don't know the five major components of the Charter, then you know, that's a shame. And of course I'm being a little bit facetious, but I'm not. Because even if the job description could have been done 30 times before wrong -- 'cause I'm not going to do it wrong this time 'cause I never had the opportunity to actually hire a new auditor -- but every one of these people -- andl wasn't even going to meet with them, butt kept on looking at the resume andl thought to myself, this can't be right because I was aware of the Charter, you know, provision, and I'm looking down the resume and, candidly, they didn't seem to hit -- to meet what they call the minimum qualifications. So I decided to meet with them all. I asked every one of them the question, andl confirmed to my -- nice people, by the way. Every one of them was a nice person. One of them is going to be a great, I think -- I'm not even going to say who it is, but he's going to be a great auditor. He's got great character. He just doesn't have the experience necessary simply because he hasn't been on this earth long enough to do that. But what we're -- what's happening here is -- and this -- I brought it up earlier. When in doubt, go to the City Attorney and say to her, what does the Charter say about this position? I don't care to read it. I don't want to understand it. It's big words. I don't like it. I'm not going to make the mistake, Madam City Attorney. Tell me what my minimum qualifications are. Andl got to tell you, that should have been done. Now I don't expect the Manager to do it, but I expect that he would delegate to that person -- there's no interface -- I'm going to say it one more time -- between your administration -- not adequate interface between your administration and the City Attorney's office. In the hiring and the firing process, there should be interface. You have 26 lawyers. That's a lot of people to have that you can say I need some advice on this. Can I hire this person? Well, you know, the auditor general is a person that actually is -- has got a title under the Charter provisions, so let me pull up the Charter provision. Mr. Manager, you're aware that they have to have these qualifications? And I know it didn't happen, but more interaction with the City Attorney is really going to make us look at lot better and run more efficiently. City ofMiami Page 147 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Spence -Jones: Mr. -- Commissioner -- Chair Suarez: Commissioner. Commissioner Spence -Jones: -- Sarnoff, can I ask you a question 'cause you're one of the attor -- one of our extra attorneys that we have on the -- up here. Vice Chair Sarnoff Well, I'm secondary to the Chair, but I'll -- that's okay. Commissioner Spence -Jones: Can I ask this question because it says shall have sufficient experience in governmental accounting and auditing. Can you tell me what sufficient means? Vice Chair Sarnofff. Yeah, that no doubt is a subjective view, which is going to be -- well, it doesn't just say that. It says shall have a degree in public administration -- Commissioner Spence -Jones: I know. I got that part. Vice Chair Sarnofff. -- or in lieu of such degree, have at least five years experience in governmental accounting and auditing practices. So it is a subjective determination based on objective criteria. So there -- someone's going to have to put on their resume or is going to have to state, I have done five years experience in public administration and in addition to that, Madam Commissioner, I have also -- believe that I have sufficient experience in governmental accounting. And then you would ask him what would that be. Well, I audited FIU (Florida International University) for two years and then when I was with Deloitte and Touche when it was around, I also looked at a couple of government reports here and there and that was two years, and then one year before that I did -- and you might say, you know what, for me, that's sufficient. For me, it might be insufficient, but you would then have the right to make a subjective determination based on objective criteria being given to you. Chair Suarez: Thank you. Commissioner Spence -Jones: Julie, did he do -- was -- Julie, did he do okay? Chair Suarez: We -- Commissioner Carollo: Mr. Chair. Chair Suarez: Yes, Commissioner Carollo. Commissioner Carollo: Thank you. And let me do just a little background how we came here because you're right, Commissioner Spence -Jones, this is the ninth hour, and that's why I started from the very beginning: This is not the politically correct thing to do. However, I have a fiduciary duty to the City andl need to bring this up. Why am I bringing it up and why --? It's funny; all the steps that you said as far as going to the City Attorney, as far as -- I did all those. The problem is I didn't do it at first. Why? Because we have the selection committee. That's what they're for. They were for -- to screen all these individuals -- and by the way, September -- andl have the minutes -- 15 Commission meeting, this Commission, including yourself, Commissioner Spence -Jones, Chairman Suarez, we all agreed the selection committee will bring back to this Commission three -- the three top candidates. Five came, and then three alternatives. I said, okay, you know, five, three, I'm not going to make a big deal about it. Where the issue began -- where the issue started beginning was that three of the top dropped out, so now I'm saying, okay, well, first of all there's issues 'cause they're dropping out. Not only that, who else is there? And that's where I started doing a lot more due diligence and got really involved and spoke to the selection committee members and realized that they had a consensus of City of Miami Page 148 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 three, but all the other candidates that are coming before us, I don't know how they were chosen. It's definitely not in their individual sheets that they personally wrote out. So I wasn't sure how the other candidates were chosen or how the alternatives were chosen. And then I started looking in their -- into the resumes and I'm starting to get concerned because there's really a lack of governmental experience. Now I agree with you, and you can make an argument as far as, hey, it's great bringing someone from the corporate world. Oh, sure, I agree with that. The problem with that is that this isn't just about GAAP (Governmental Accounting and Auditing Practice). This is about Yellow Book. This is about governmental -- it's a totally different industry than some of the industries that they worked for in the past. 171 -- Vice Chair Sarnofff. And -- Can I say something? It's pretty obvious that the minimum requirements do not address our Charter. Commissioner Carollo: And let me go a step further. Let me go a step further. I don't know if it would apply to an internal auditor, but external auditors that audit governmentals actually need to have 24-hour CPE (Continuing Professional Education) requirement and at least they should. So -- you know, it's definitely important, the industry of governmental accounting and that's why I bring this up. Chair Suarez: Well, I did warn the candidates that anything can happen at the Commission meeting so. Commissioner Spence -Jones: We have -- can we let Beverly speak on the --? Everyone has a copy of the requirements? Chair Suarez: Yes. Commissioner Spence -Jones: Commissioner Sarnoff said this doesn't really apply to the Charter, but I think you have a different -- Ms. Pruitt: Yes. As -- Beverly Pruitt, Human Resources director. As you will read, the minimum of ten years' experience which demonstrates professional competence in the government accounting and auditing, we had to determine what -- in the Charter it says sufficient experience. To a candidate, they will not know what sufficient experience is, so we have to equate that to what is reasonable, which is a ten-year period within that experience of government accounting and auditing standards, and that is why that is written in there as opposed to the actual -- the verbatim language from the Charter. Commissioner Carollo: Ms. Pruitt. Chair Suarez: Commissioner Carollo. Commissioner Carollo: How were -- I'm sorry -- some of these candidates selected? I'm talking the alternates. Andl don't want -- I really don't want to go out and start saying names. How were they selected? How were they placed as recommendations here before us? Because when I clearly see the individual reports from the selection committee members, they have names written down. Unfortunately, three of them are -- have withdrawn, but the rest of them, I see maybe one or two. I don't see, you know, all these, you know, five candidates before us. How was that determination made? Commissioner Spence -Jones: You don't remember in the last meeting we had we said, you know, just go to the next people on the list? That's what we said in the meeting. Commissioner Carollo: Right, and how were those people on the list selected? There were sixty -something people. Out of those sixty -something, how did we select those? They're not here City of Miami Page 149 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 in the selection committee members' notes so how were they chosen? Ms. Pruitt: The committee members reviewed all of the applications that were submitted to the City for consideration and they selected those individuals at their meeting where they gave us their recommendation and that was part of the minutes of the meeting. Commissioner Carollo: Ms. Pruitt, how come they've written down the names of some of them and not others? In other words, they all have at least four names written down. For the most part, all four names are the same, maybe for the exception of one or two, but all the names are the same. However, we have a lot more candidates before us that are nowhere here in their notes. Ms. Pruitt: The committee reviewed all of the applications and we collected the notes of those members who took notes. Commissioner Carollo: Which is -- Ms. Pruitt: Yes. Commissioner Carollo: -- what I have. Ms. Pruitt: We just -- we collected the notes from the meeting as a public meeting and those are the notes, but it doesn't mean that everyone on the committee took notes or provided those notes to us because they didn't have any. So when they had the discussion, we took the minutes of their discussion and this is the recommendation that they made in their meeting. Commissioner Carollo: Let me ask you something. Did all members give you back the notes? Ms. Pruitt: Any member that had notes at the meeting, we collected those notes at the end of the meeting. Commissioner Carollo: It's my understanding all members gave you back their notes. Ms. Pruitt: All members that had notes at the meeting gave us their -- I'm not saying that every member on the committee took notes, but those who had notes, we collected those notes at the end of the meeting. Commissioner Carollo: Okay. What was the process? Because it seems like -- this isn't just notes. This is their recommendation. As a matter of fact, let me read what I have before me. City ofMiami auditor general review committee, individual member recommendation form. As a member of the review committee, you are tasked with reviewing the enclosed materials and application and providing a recommendation of two to three candidates to the committee as a whole. Please use this form to record the names of your recommended candidates, as well as any comments you may have regarding that recommendation. Information from these forms will be discussed at the formal meeting of the committee on November 15, 2011 at 10 a.m. at Miami City Hall, City Manager's conference room, second floor. At this meeting, the committee will then finalize a list of approximately 10 candidates by providing to the City Commission for interview consideration. And then they put each -- and whatl believe is each member of the selection committee wrote in their recommended personnel. Ms. Pruitt: Yes. Commissioner Carollo: So it seems like every member that attended actually did one of these sheets. City ofMiami Page 150 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Ms. Pruitt: But as you read, at -- that information would be discussed at the meeting and then subsequently a recommendation would be made. It didn't necessarily mean that what they have on that list will be the recommendation from the committee. It was just that individual's recommendation to the committee for discussion. Following their meeting, they came up with a slate of recommendations. Commissioner Carollo: Okay. And by the way, I spoke to some of the selection committee members. That's not what they expressed to me. And that's why it made me actually ask for their notes 'cause that's not what they expressed to me. You know, I'll leave it at that. I -- you know, the bottom line is I clearly have a paper of each selection committee and their recommendations. And the majority of the candidates that are now before us are not here so I don't know how they made it. I don't know if it was verbal. The bottom line is, they're not here. As a matter of fact, the minutes by someone's handwriting -- and I don't know if this is your handwriting or who -- this was the minutes. One of the candidates that's before us is not even here. Commissioner Spence -Jones: Huh? Commissioner Carollo: One of -- this is the recommendation, the final recommendation that was the e-mail (electronic) that was sent out. I don't know whose handwriting this is. I don't know who took the minutes, but one of the candidates that's before us isn't even here, not to mention that in each sheet of the selection committee members, most of these candidates are not recommended. So I'm not sure how we came up with these individuals. And again, this occurred now -- andl did my due diligence -- because the top candidates withdrew. So now I'm saying, okay, where are we -- all these other candidates, where are they coming from? I understand that, you know, a long list applied, but who selected them? Did they go through the selection committee? Ms. Pruitt: Yes. The selection committee members had a copy of all applications received for the auditor general. The reason the individual is not listed on the document you have before you is because there was an amended minutes. Those are notes from the meeting and there were amended minutes provided to the Clerk's office as a result of an oversight in our discussion because there was an individual on the committee who did not attend the meeting and subsequently submitted their information after the meeting, so that was updated with the Clerk's office. Commissioner Carollo: When was it updated? How come I didn't receive that? I specifically, through the Manager's office, requested all information that -- Ms. Pruitt: Those were the notes that were provided at the meeting, but the minutes were also provided to you as written minutes that were provided as minutes of the meeting. There's a electronic version of those minutes that was attached to the e-mail. Commissioner Carollo: Again, I voiced my concern. You know, it is for us to, I guess, deliberate, debate. I don't know if you want to move forward with the names we have before us. I don't know if you want to start this process. Andl would be very much involved as much as the Charter allows me so it's a quick process. The procedures, I want to make sure that they are, you know, crystal clear so it's a process of two months. However, if you all want to choose one of these candidates -- again, I'm one vote. I could only, you know, let you -- tell you whatl see. And again, I have seeked [sic] the recommendation of some of the selection committee outside of this process and tell them, listen, this is what I'm seeing. Where did these candidates come from? They couldn't tell me, by the way. They said, I don't know, Commissioner, outright, which made me start looking into where -- I'm like -- I'm sure they've gone through all the resumes, but as far as selecting, yeah, this other individual or that other individual, other than the top three and top four and top five, I don't know. Now with that said, yes, I've also seeked [sic], you know, advice from colleagues of mine and so forth. And yeah, even though it's not a politically correct thing to City of Miami Page 151 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 do -- 'cause realistically, this process has gone way too long. It's been six months. I hate to say something like this because, look, the easy thing was you just choose one of these candidates and say, hey, this is the person that I think, you know, and go with who I think has the most experience and, you know, will be the best fit. However, as a fiduciary duty to the City, I need to bring this out because -- andl clearly saw it today, we are really building a good financial team. We really are. I'm really happy. And, again, I want to bring an additional person to be our auditor general with the most experience that I can find. And yes, experience is not the only factor. However, Commissioner, the reason that is important is because it is important for the industry. You've got to know -- in order to do performance audits, in order to do evaluations, you've got to know governmental accounting. You just -- someone from the outside can't just come 'cause it's a whole different accounting form. Andl gave the example. I mean, I don't want a brain surgeon, I don't know, operating on my ACL (Anterior Cruciate Ligament) in my knee. I don't want a divorce attorney -- and it could be the best divorce attorney, by the way, because as I mentioned, their resumes are very good and -- they really are. However, I just see that, you know, for the most part, lack of governmental experience, not to mention that I don't know if they've been properly -- you know, gone through the process that we established through the selection committee so -- Chair Suarez: Is -- what is the will of this board? Vice Chair Sarnoff. Well, I want to clam one thing. And any Commissioner up here that is wishing to tangle with the Charter, just bear in mind this Charter requirement started August 9, 2001. It started by resolution. The requirement at that time was that they had to have a degree or experience in public administration. That has never been filtered out. You must have -- shall have a degree in public administration or in lieu of such degree, five years' experience in public administration. I could -- you know, I can get into GASB (Governmental Accounting Standards Board) rules. I can get into GAAP rules. I could tell you the distinction simply because I've litigated it. But just because you're an accountant doesn't mean you can do governmental accounting. The citizens ofMiami determined that you had to have a degree in public administration or five actual years experience in public administration. Nothing we do here can change that. We want to go out with some new Charter language and say, you know, we think the auditor general should be a guy that's a CPA and he's got a lot of experience in the corporate sector and that's the will of this Commission, the citizens might vote for it and they may not vote for it. But this is what -- this is our constitution. Nothing we do here can change that. Commissioner Carollo: By the way, just to add, you also need to be a CPA. The requirement -- Vice Chair Sarnoff. Yes. Chair Suarez: Yes. Vice Chair Sarnoff. Yeah. I -- Commissioner Carollo: Part of the requirement is that you -- Vice Chair Sarnoff. That was a given. Commissioner Carollo: But that's a given. All these fine people are CPAs. And again, they have very good resumes. I'm just concerned about, you know, the governmental experience. I really am. And -- Commissioner Spence -Jones: Can I --? I just asked for them to pull for us Victor Igwe's original resume 'cause I'm just curious as to -- yeah, just to see when he was selected, you know, was public administration one of the things that we're talking about. City ofMiami Page 152 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Carollo: Well, here's the thing. With Victor Igwe, he had governmental experience because he was part of the internal auditor group here in the City. That's my understanding. Commissioner Spence -Jones: Yeah. I'm just getting a copy of it now just to ver. Commissioner Carollo: That's my understanding. Commissioner Spence -Jones: Yeah. Commissioner Carollo: And by the way, I mean, you know, this is a public setting andl'm cautious of what I'm saying because these are all fine individuals with impeccable, you know, resumes. But if you see -- I mean, listen, one of the issues that you raised, Commissioner -- Mr. Chairman, was as far as information technology, you know. One of the individuals that withdrew was a certified information system auditor, you know, along with being, you know, the chief auditor now for, you know, a governmental -- or a municipality. So -- and mind you, that's not the only, you know, thing that I looked at, but obviously I take that into consideration because that's something that one of my colleagues has an issue with. As a matter of fact, I'll be honest with you, so do I. But it went from those types of conversation of how can we attack, you know, the issue, how can, you know, we set up -- to what experience do you have, where, you know, another candidate that withdrew, right off the bag [sic] he told me, listen, I need -- what's the staff like because in all fairness, I need to have an auditor that knows how to audit information technology. That's going to be a priority. IfI can't have that, we need to talk because that is one -- a requirement that I definitely need. And that's music to my ear, you know. I don't say anything realistically, you know, in the interview, but it really is music to my ear and that's where -- it went from that to you have a very fine resume, but what governmental experience do you have. And that's where I'm at. Chair Suarez: Look, and from my perspective, nothing -- I feel that nothing that anyone has said up here is wrong -- in other words -- I really do. I mean, Commissioner Sarnoff has basically had us look in a detailed fashion at what the Charter requires. To me, whether these resumes or whatever meet the Charter -defined process is pretty simple. It's a pretty simple determination. They either do or they don't. If they don't, then you just can't -- you know, you cannot choose that person. What surprises me and worries me and shocks me to a certain extent is that we've gotten this far in the process to raise this issue now. And l feel very, very badly for the -- andl'm not saying it's anybody's fault. I'm just saying that it is what it is, you know, but I feel for these candidates who have, you know, taken the time, they've been here for two hours, two and a half hours, you know, met with all of us, you know, put themselves out there. It's tough. Commissioner Carollo: And Mr. Chairman -- Commissioner Spence -Jones: Can I --? Commissioner Carollo: I'm sorry, but one of the reasons that this occurred and late in the game is three of the top candidates withdrew -- Chair Suarez: No, no. Commissioner Carollo: -- number one. Number two -- I need to also clarify. I can't just pick up the phone and call my colleagues. We have to wait until Commission meeting. Please keep in mind, November, we had one Commission meeting. December, we had one Commission meeting that was pretty loaded, and now we're in the first meeting in January. So it -- there's not really -- you know, and the days passed, the weeks passed, and got to wait 'cause I can't just pick up the phone and call each of you and say, hey, there's a problem, you know. I'm seeing this -- City of Miami Page 153 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Vice Chair Sarnoff. Well -- Commissioner Spence -Jones: Right. Let -- Vice Chair Sarnoff. -- if you have tickets for a Heat game, please feel free to call me. Chair Suarez: And let me tell you, I feel you on that because -- Commissioner Spence -Jones: Let -- Chair Suarez: Let me just say real quick, Commissioner, because in trying to create the voting procedure, I felt kind of the same way, you know. I would have loved to be able to pick up the phone to any ofyou and said, listen, this is what I'm thinking of doing, hope you guys are okay with this. You know, I couldn't do that. Thankfully, the Clerk was able to brief you all and there was no issues there. Commissioner Spence -Jones. Commissioner Spence -Jones: Yes, you guys are right. We only had one meeting in November, we only had one meeting in December, but we also still have the right to call a sunshine meeting if we felt like it was something that we all need to talk about at one time before we make a decision on any major thing. So that was also an option if we felt that this was something, you know, urgent that we needed to kind of deal with because you might have discovered some information that we all needed to know at one time. I just -- the thing that drives me crazy is -- andl know this is the only time that we can talk about it, but when we discover that these issues are an issue, I just feel like at that particular time before we get here out on the dais, you know, to have that discussion with the Manager, to have that discussion with the City Attorney, have that discussion 'cause we've been briefed all week on all kinds of issues for the Commission and we were all interviewing all these individuals. And if this was some information you had, it would have been nice to kind of -- I'm just -- and again, you noticed it, Sarnoff noticed it, but that doesn't mean all three of us sitting here noticed it. So if that was an -- andl asked every single last one of the people that I interviewed, I asked about the municipal experience so, you know, they could all tell you thatl asked that, and that was one of my concerns. Not even realizing that that was a major issue, I asked, okay. But the reality is it's like I just hope that we get to the point that when we see these kind of things, before we come up here to air it out for two hours -- I mean, for me, when I see something and I see it wrong, Igo to the Administration. I say, Johnny, this is not -- something about this is not right. We need to make adjustments. I don't want to deal with this in the Commission on the dais. How do we handle it? Perfect example is my item this morning that was working on. You know, I worked it out with the City Manager. I didn't want to get up here and debate with you guys for two hours about something that knew some ofyou guys were uncomfortable with. I respect the process. I respect, you know -- andl just -- all I'm saying to you is -- and it's not just -- andl understand that this gives us an opportunity for us to have a voice on these issues, but we could have avoided these people even sitting in the audience if we would have dealt with this issue earlier, and that's my -- It's just a common sense thing. It ain't nothing else. It's -- you know, when you immediately see it, say, Mr. Manager, I'm going to have a problem with this. I think that we need to reevaluate how we're doing this. Beverly, you know, why wasn't this included? You know, it's a part of the Charter. We should have just addressed it then, not wait 'til 4 o'clock in the afternoon saying, oh, there's a problem. And that's all I'm saying. We could just do better -- do business better, more efficiently. That's all I'm saying. So I don't want to debate this and beat this thing 'til it's dead. If the opinion is and the feeling is we need to just go 'head and put it back out, let's do that. And if we have to have a sunshine meeting in the middle of it because you want to be clear and be a part of the process, let's do it, but I don't care how many times we turn it over and turn it over, it's the same thing. Now, personally, just out of the matter of respect, I would have liked for the individuals to at least have the opportunity to get up and at least say something. But if y'all don't choose to do that, then that's fine too. I mean, we're all making the assumption that all five of these people don't have the experience of maybe they didn't work for City government, but they might have worked with City government. I don't know -- or County government or City of Miami Page 154 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 municipal government. We're just making the assumption that they haven't. So -- anyway, let's just make a decision. If we could just make a decision and move on, that would be great. Chair Suarez: Commissioner Carollo, then Commissioner Sarnoff. Commissioner Carollo: Thank you, Mr. Chairman. Andl don't disagree with what Commissioner Spence -Jones is saying. That's why it was difficult for me, you know, to say -- you know, come forward with some of this. Commissioner, also understand that some of us are very conservative when it comes to the sunshine law. Andl know for a fact can't just pick up the phone and call you and so forth. Even if I called Johnny and say, Johnny, I'm seeing this -- which, by the way, in all fairness, even as of yesterday, I was still reviewing some of the stuff and meeting with the City Attorney and asking with the Charter because, in all fairness, it's not like we have all the time in the world and it's not like this is the only issue that we're addressing today. There were other issues that even at the last minute information was coming in andl don't know if we're going to end up taking a vote or not. I don't -- so you understand what I'm saying? And even ifI go to Johnny and say, hey, Johnny, I think we may have an issue with this, if Johnny goes and starts telling you, hey, Carollo has an issue with this, he would be acting as a conduit and that's a violation of the sunshine. Commissioner Spence -Jones: Yeah. Nobody's asking him to do that. He doesn't have to say who the person is. He can say that there is an issue regarding the qualifications. In the Charter it says blah, blah, blah, blah. I'm just simply saying that that could have -- When did you realize that it was an issue? Commissioner Carollo: I started -- when everyone started dropping out -- especially by the third candidate dropping out, I started requesting this. Andl mean, I would have to see when I requested it, when I actually got the detail (UNINTELLIGIBLE) 3: 56: 41 -- Commissioner Spence -Jones: No, no. I'm not saying that. Okay, but let's say -- let's say -- I'm not talking about necessarily the people dropping out. I'm talking about -- because at the end of the day, whether or not they dropped out, that was their decision and that was their choice. And personally, when you drop out, you're a quitter and I just can't even hear you at that point anyway because for whatever reason you dropped out. I don't know -- I'm not concerned -- or I'm concerned about the people that decided to stay here and participate in the process. Those are the ones I'm concerned about. But when did you realize uh-oh, oops, or whatever you want to call it, we did not address the Charter issue in this process? 'Cause as Commissioner Sarnoff said earlier, which I totally agree, hey, look, we cannot go against what the Charter -- that's our golden rule. That's what we live by, blah, blah, blah. I respect that. When did you realize that it was an issue? And if you realized it yesterday or you realized it this morning, I'm just simply saying -- and I'm not just saying it to you. I'm saying it to myself. That's what our City Manager's over there for. He doesn't have to say who said it. He just can simply make a statement, you know, Houston, we got a problem, you know. So I just -- that's it. Andl love the fact that you drill down on these issues. I love it, I love it, I love it, so I'm not taking anything away from you. We need to have that watchdog spirit on the dais. I'm just simply saying, you know, this is, you know -- Commissioner Carollo: And realize how it happened. It was a domino effect. Once everyone started withdrawing for whatever reason -- and also think, you know, what Commissioner -- I'm sorry, what Chairman Suarez said. Think about it. The three people that withdrew have jobs with a governmental agency. I mean, so -- Commissioner Spence -Jones: Okay, but, Commissioner Carollo, if I'm looking at the list that Beverly gave us -- Commissioner Carollo: Right. City of Miami Page 155 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Spence -Jones: -- the top three candidates, right -- Commissioner Carollo: Right. Commissioner Spence -Jones: -- two of them dropped out, right? The third -- Commissioner Carollo: Three. Commissioner Spence -Jones: Okay, I'm saying the top three candidates on the list, these are the orders that they were in, the top three candidates. The third candidate is here. Commissioner Carollo: Here's what I'm saying. Commissioner Spence -Jones: But it doesn't even matter 'cause you're saying the third candidate -- even if the third candidate is here, it doesn't really matter because they don't meet the qualifications -- Commissioner Gort: They don't (UNINTELLIGIBLE) 3: 59: 00 Charter. Commissioner Spence -Jones: -- you know. Commissioner Carollo: Hear me out, hear me out, hear me out, hear me out. I understand that an e-mail was provided to us and was saying these are the five top candidates, correct? Commissioner Spence -Jones: Yes. Commissioner Carollo: Okay. I'm going by what the selection committee actually wrote their recommendations -- Commissioner Spence -Jones: Right. Commissioner Carollo: -- okay. Commissioner Spence -Jones: And that person, that third person is on your list. Commissioner Carollo: The fourth person because the first three dropped out. Commissioner Spence -Jones: No, no. If I'm looking at your list -- Commissioner Carollo: Oh, hold on. Okay, okay, I see what you're saying. Commissioner Spence -Jones: -- the third person that was on the top five is here in the room, okay. Commissioner Carollo: Give me a second. Give me a second, Commissioner. Commissioner Spence -Jones: Okay, no problem. Commissioner Carollo: Give me a second. I need to find that e-mail. Commissioner Spence -Jones: Here you go. That's the list, right? Commissioner Carollo: Yeah. City of Miami Page 156 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Spence -Jones: That's the list. And then you just showed me -- Commissioner Carollo: Hold on. The third person, you mean (UNINTELLIGIBLE) 4: 00: 03? Commissioner Spence -Jones: I didn't say a name. You -- Commissioner Carollo: Okay, but this is -- Commissioner Spence -Jones: Right. Commissioner Carollo: Okay. Commissioner Spence -Jones: Right. And then you just gave me a list -- Commissioner Carollo: Okay. They actually wrote the names. That name is not here. Commissioner Spence -Jones: Okay. You just showed me another list where it was, right here. It's there. It's there, along with the recommendations. I mean, it doesn't even matter if they're on the list. If you're saying they're not qualified, they're not qualified. Vice Chair Sarnofff. All right, let's move this along. What's the -- what -- before we beat each other up too bad 'cause my recollection -- I'm going to go off my recollection. My recollection was as of two weeks ago, we had about five or six people, of which I happened to have noticed two or three of them had the requisite needs. I wasn't going to interview anyone 'cause I thought, let me go off the paper. Then I -- you start hearing that they're all going through interviews and you guys are all doing it, so I'd be the only one up here then that didn't do the interview. Then you start hearing and you learn by e-mail there have been dropouts, okay. So myself seeing the dropout rate, I figuredI'd wait closer to the Commission meeting to see if anybody else dropped out because why interview somebody who was -- might drop out. It was apparent to me -- I know we have one person here that fits the qualifications. I mean, it's very apparent. Commissioner Spence -Jones: I know it's at least three people. Vice Chair Sarnofff. I'm not sure that -- well -- Commissioner Carollo: I'm not sure -- Vice Chair Sarnofff. I'm not sure I could agree with you on that, but -- so what -- I'm just explaining to you what I did. So then I interviewed everybody and in the questioning asked them for their governmental experience andl confirmed whatl thinkl heard, which is the lack of governmental experience. That happened to me this morning. And we could proceed however anyone, you know, wants to proceed. The Chair is back. There is somebody here that has requisite experience. What we could do -- just a suggestion, Mr. Chair -- let them come up here and the only thing they should address is their public administration experience and demonstrate to us the five years that they have. Commissioner Spence -Jones: I have no problem with -- Commissioner Spence -Jones: I think that's a good suggestion, but I do want to say that because one of the individuals that's here -- if I'm going to do that based upon the information received, the information you just shared with me, Commissioner Carollo, if I'm looking at the notes of what was communicated, you know, I'm concerned with some of the notes that was attached to the individual that had the most governmental experience. So if that's the case, then -- and I'm looking at the notes you showed me. City of Miami Page 157 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Carollo: Absolutely, so that's why -- Commissioner Spence -Jones: I'm listening. Commissioner Carollo: -- that's exactly why I'm saying maybe we should start this process all over again 'cause there may be one or two candidates out of the five or six that are going to be before us that may fit the requirement. But are we going to choose our next auditor general by process of elimination because that's what we'll end up doing it. We're going to choose our next auditor general by process of elimination -- Chair Suarez: Commissioner Gort. Commissioner Carollo: -- 'cause there might be one or there may be two that actually meets the qualification. Chair Suarez: Commissioner Gort. Commissioner Gort: Let me tell you, the problem that we've had from the beginning, we gave instructions how we wanted to do this. It has not been followed. Unfortunately, somebody did not check the City Charter and l feel kind of bad. Now we're going to go out again. And the people that were most qualified and had the governmental experience had stepped out for some reason. I only received one e-mail from one of the individuals that stepped out telling me that the reason they did is because they didn't believe there was any security in it. Now when the RFP (Request for Proposals) came out for the people to quali, were they aware that it was a four-year contract? Was that placed in there that whoever was selected was going to be a four-year contract? 'Cause that's one of the question because all this back and forth that they see in us, they thought that if they leave their job and come here, they might be fired within a year, and that's one of the reasons one of them at least got out of it. Commissioner Carollo: And -- Commissioner Gort: Now the question is, the Charter says it's got to have five years of public administration or experience -- public experience internal audit. We open again, nobody comes with that experience. Commissioner Carollo: Again, we may have -- out of the five or six before us, we may have one or two that do meet that qualification. However, are we going to now choose our next auditor general by process of elimination? Now, if that's the case, hey, you know, I think there's at least two, then you know, we could take a vote on that. I mean, it's up to this Commission. I just brought -- I can tell you, the three that withdrew did have all the -- and at the same time, they also did have jobs. They were going to have to resign from their current jobs in order to come here. Commissioner Gort: But this -- Chair Suarez: Wait, wait, wait, wait. Commissioner Spence -Jones: Okay. Chair Suarez: Vice Chair Sarnoff and then Commissioner Gort. Vice Chair Sarnoff I'm just -- you know, I hear everybody say it's a four-year contract. What it is is every four years we vote on an auditor general. We then create emoluments, which is what past practices have done. We changed the emoluments. We did it for the City Attorney. We did it for the City Clerk. I'm just not absolutely 100 percent sure I'd characterize it as a contract City of Miami Page 158 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 because does this Commission have the ability to fire its auditor general? Chair Suarez: It does. It says it in the -- Commissioner Spence -Jones: Yeah. Chair Suarez: -- last sentence. Commissioner Carollo: With cause. Vice Chair Sarnoff I thought -- yeah. And so I'd, you know -- when someone says, you know, you're getting a four-year contract, yeah, you might be getting a four-year contract, but you could be terminated for cause. What is for cause? You know, et cetera, et cetera. But you know, I guess we just have to make a decision. I think we've troubled these people long enough. I shouldn't say that, but -- Commissioner Spence -Jones: Mr. Chairman, can I just say one thing -- Chair Suarez: Yes, yes. Commissioner Spence -Jones: -- and then I'm going to shut up. Chair Suarez: Commissioner Spence -Jones, then Commissioner Gort. Commissioner Spence -Jones: It's -- there's a lot of activity going on in this corner right here. So I would like for them to -- 'cause now I'm hearing there's some -- I don't want to say confusion, but we need for them to expound on the issue of the Charter and what it actually means because I'm hearingfrom -- on this side, from the City Attorney side, the City Manager, and from Beverly that these individuals did meet the qualifications, okay, so obviously our interpretation of what we're reading from the Charter is different from what their interpretation is. So can we please get clear -- a clear understanding from them first before we go through all of that? Chair Suarez: Okay. Commissioner Spence -Jones: So, Madam City Attorney -- Commissioner Carollo: Call a recess. Commissioner Spence -Jones: -- can you please give us the official interpretation so that we all understand what the issues are? Ms. Bru: Okay. Madam Commissioner, I will give you -- my humble opinion is as follows. I spent quite a bit of time andl make sure that all my attorneys spend a lot of time reviewing the Charter. Andl can quote the Charter, I can read the Charter. To the extent that it's written in English, you know, you don't have to be a lawyer to understand what it says, and there's a certain description of what the qualifications are for the auditor general and they're very plain and unambiguous. And ifI were a professional in the Human Resources Department, I probably would have copied and pasted those descriptions into the notice. However, they are professionals. They also have a certain amount of knowledge in their expertise that I don't share. I don't have a degree in Human Resources. So they prepared a minimum requirements, you know, with certain phraseology that is not verbatim what the Charter says. So the question becomes was what was advertised, you know, sufficiently equal to what the Charter requires, okay. And for example, they indicated that a requirement was a Bachelor's degree in Accounting, Finance, Business Administration or closely related field. Now had it been I drafting this, I would have been plain and simple and would have said a degree in Public City of Miami Page 159 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Administration because that is what the Charter says. But it did not say that. It goes on then to ask for a minimum of ten -- and now we know that in our Charter, public administration is required. However, there is in lieu of. And it says in lieu of such degree, the candidate shall have at least five years' experience in public administration, so five years' experience in public administration. So the question becomes is -- when they said in this solicitation a minimum of ten years of experience which demonstrates professional competence and thorough knowledge of the generally accepted government accounting and auditing standards are required, is that the equivalent of sufficient experience in public administration? And really to that, because I don't have a degree in public administration, I don't know what you study to get that degree. I defer to your experts from the HR Department. But having said all that, you have some candidates that went through a process and if you want to find out whether or not they -- Vice Chair Sarnoff. Right. Ms. Bru: -- have the minimum requirements the Charter have, you're free to do that. Chair Suarez: Yeah. Ms. Bru: And it would be -- I mean, it would be, you know, consistent with your Charter if you wanted to do that. Commissioner Spence -Jones: Okay, so -- Commissioner Gort: I have a question. Chair Suarez: Commissioner Gort. Commissioner Gort: I was told that the Charter says the contract's got to be for four years. Vice Chair Sarnoff. The what? Ms. Bru: All right. Let me also clarify that. This is an appointment. It is -- once the individual is appointed -- this is a Charter appointment -- that he becomes -- this -- he or she becomes an officer based on the Charter, just like I am described in the Charter, the City Clerk is described in the Charter, the City Manager is described in the Charter and this is an appointment. It is differentfrom my appointment because I serve at your will. This appointment, the Charter mandates that it's for a four-year term, so this person will have a term. It is not an at will situation, like I have with you. However, as far as the benefits and emoluments of the holding of that office, you can negotiate it that you can set an initial benefit. You can say in year two we will renegotiate, in year three -- that is not -- you know, it's not like you have a four-year contract and the benefits are set in stone. What you can't do is remove that person from the appointment unless you have cause. So you'll have to have, you know, either neglect of duty, drunkenness, incompetence, or other good cause to remove. So it is -- there is security in that office and it's purposely that way because it is an independent auditor and they have to act free from influence and intimidation by the appointing body. Chair Suarez: Thank you. Commissioner Spence -Jones: Mr. Chairman. Can you answer -- do you mind if -- Chair Suarez: No, please. Commissioner Spence -Jones: -- Beverly can -- so basically, she -- our City Attorney is putting the ball in your court. And the question becomes we have to trust your professional advice and opinion on this. So can you please provide clarity as to why you feel that this is sufficient and it City of Miami Page 160 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 addresses the Charter? Ms. Pruitt: Beverly Pruitt, Human Resources director. Inasmuch as I didn't know this issue was coming up tonight, I would rather refer to my notes from six months ago when we posted this position -- Commissioner Spence -Jones: Yeah. Ms. Pruitt: -- because in any process before we post position, there is a review process before that job is posted. So I would like to refer to that and ensure as to what we looked at to determine these minimum qualifications. Vice Chair Sarnofff. You know, from my standpoint, I don't know that her posting doesn't satisfy us. What I'm saying is a little bit different. I'm not sure the candidates themselves hit the qualifications. I'm not here to contest facially what she wrote was wrong. What I'm here to contest, and I'm not confident of is that the candidates themselves have that requisite. Commissioner Spence -Jones: Okay, I got you. So -- Vice Chair Sarnofff. So I'm not challenging her or the posting. I prefer the posting be did a little differently, but so maybe would you. Commissioner Spence -Jones: Yeah. Chair Suarez: Look, I think at the end of the day, we have basically two options. One option is there's been essentially a consensus that at least one if not two of the current candidates meet the Charter -mandated requirements. So we could interview those two. We could select between those two. I feel Commissioner Carollo in terms of what he's talking about, process of elimination, but all choosing of a candidate is process of elimination. You start with 60 and you eliminate 50 and then you get to a point where you choose 1. So you know, we can do it that way or we can start the process all over again. I think our choices are clear. We either choose from one of the two candidates that has the minimum requirements required by Charter or we start the process all over again. That simple. What is the will of this Commission? Commissioner Spence -Jones: At this point, I'm going to be honest with you. I just kind of feel like no matter what, the whole process at this point is tainted, you know. And it's tainted because it doesn't even matter what they come up and communicate, you know. There's already a viewpoint that beyond the Charter, Commissioner Carollo, you feel like the process was not handled properly. So I can see us getting all the way down to the end to make a vote and you not being comfortable to vote. And so for me, I don't want to go through that whole exercise of us going back and forth on this issue and then we vote and everyone votes -- four of us vote yes and you vote no because, quite frankly, you don't believe in the process itself. And to me, if we're voting for an auditor, we should all be in agreement with who the auditor's going to be. Chair Suarez: Commissioner Gort. Commissioner Gort: No, I agree. I believe this is a very important position. One of the things thatl asked of every one of them is not only are we going to do the financial audit, but we're going to do performance audit because we're going to make sure that the -- our departments are performing according to their budget. At the same time, we have a lot of the contracts in here that have to be audit and they have to be look into it. Chair Suarez: Commissioner -- Commissioner Gort: Andl agree with it. If all five of us are not happy with it, I think we have to City of Miami Page 161 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 start the process and let's make sure we do it correctly and let's dictate how we're going to do it today. Chair Suarez: Commissioner Carollo. Commissioner Carollo: Thank you. Commissioner Gort: (UNINTET,TIGIBT,F) 2:19: 36 expedite. Commissioner Carollo: And again, I will abide by the will of this Commission, even if it comes down to a vote. Yeah, I mean, I don't know how I will vote or -- but anyways, if we're going this route, what I do want to do, I want to establish the procedures and if you all would allow me, you know, to meet with the Manager, Ms. Pruitt 'cause what I want to do is right off the bag [sic], even tomorrow -- andl already spoke to Ms. Pruitt and she said, yes, it could happen, already advertising the same venues that we advertised before, do a 30-day maybe to the end of February and then right then at the beginning of February, bring all those resumes to the selection committee. We could either have the same selection committee or, you know, should we want to switch then, you know, we could let the Manager. But have the resumes go to the selection committee for their recommendation and right then already work with our ER Department to establish the meetings. And by the way, let me go back. I would like the selection committee to choose the top three candidates. Chair Suarez: Thank you. Commissioner Carollo: And then once they are chosen, have ER work with each of our offices to interview them and then come to the very first Commission meeting after that for selection. And ifI need to reach out to my fellow colleagues, I would then request a sunshine meeting. Now another thing as far as requesting a special Commission meeting, we will need three Commissioners. I don't know how that happens, how I would tell you, hey, I need for you to also ask for -- you know, I don't know if that's a violation or not. But I think if I ask for a sunshine meeting -- Commissioner Spence -Jones: Yeah. Commissioner Carollo: -- then there I could, you know -- Chair Suarez: Everyone could be invited. Commissioner Carollo: -- update you. Chair Suarez: Right. Commissioner Carollo: Andl would definitely, you know, be very active in the process if you all allow me and take the lead with the Manager and Ms. Pruitt. Chair Suarez: Commissioner Gort. Commissioner Spence -Jones: So Mr. Chair -- I'm sorry. Chair Suarez: Commissioner Gort, then Commissioner Spence -Jones. Commissioner Gort: The procedure -- my understanding, we should have a format not written the way we have it by hand and so on. I think it should be a printed format that should be put together by ER and then each one has to put it in. And if a member is not present at the committee meetings, he's out. We will not take his -- I think it's got to be very formal. It's got to City of Miami Page 162 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 be described. At the same time, I think it's very important to understand the people that are here today, a lot of the individuals that have been here have not worked directly with government, but they have worked with firms that have audit departments from the government and from cities and that's something that should be considered too. Commissioner Spence -Jones: To me I think that's extremely important. Commissioner Carollo: Absolutely. Commissioner Spence -Jones: I'd love to know the person on the opposite side of it that -- Commissioner Carollo: Absolutely, but it's not reflected in the resume. Chair Suarez: Mr. Manager. Johnny Martinez (City Manager): I would recommend that when we repost the job, we repost it as it is in the Charter because -- Chair Suarez: I agree, 100 percent. Mr. Martinez: -- the Charter is very clear. Chair Suarez: Yes. Mr. Martinez: There's -- Chair Suarez: I don't think there's -- Mr. Martinez: -- two standards that need to be -- Chair Suarez: -- any reason to deviate -- Mr. Martinez: -- met. Chair Suarez: -- from that. Mr. Martinez: You need a CPA or a public administration degree. If you don't have that and then it's an or -- Commissioner Carollo: And. Mr. Martinez: We should have a box where we check it off -- Chair Suarez: Those are minimum requirements. The Charter has set up what the minimum requirements are -- Mr. Martinez: Yeah. Chair Suarez: -- so we just have to copy them. Mr. Martinez: That's number one. Number two -- Commissioner Gort: (UNINTET,T IGIBT ,F) 2:22: 44 CPA. Mr. Martinez: -- is it the will of this Commission to have the same screening committee? City of Miami Page 163 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Chair Suarez: I'm fine with my screening committee member so -- Commissioner Gort: I'm fine with mine, but I'd like to have the format to be -- Chair Suarez: Just for expediency purposes. Commissioner Gort: -- printed before and everyone's got to be print and signed by them. Mr. Martinez: Okay. Chair Suarez: Thank you. Commissioner Gort: At the same time -- Commissioner Spence -Jones: I may make an adjustment 'cause I'm sure that my person probably is -- Commissioner Gort: -- part of the consideration -- and this is -- I want to bring it up now. Commissioner Spence -Jones: -- tired of this. Commissioner Gort: I want to bring it up now and you being an auditor, if you're an auditor conducting business or auditing governmental agency, that should be consider as part of governmental experience. Commissioner Carollo: Yeah. No -- Commissioner Gort: Okay. Commissioner Carollo: -- absolutely. Now, remember, this is an internal auditor, but yes, absolutely, absolutely, Commissioner Gort. As a matter of fact, those auditors should have CPE hours on governmental accounting, so yes, absolutely. Chair Suarez: Okay. Commissioner Carollo: And at the same time, I want to go a step further. I may meet tomorrow with the Manager and with Ms. Pruitt. And you know what, let's put it in writing what the procedures should be, what the procedure is, and then that will be forwarded to the other Commissioners and for the candidate so everybody knows exactly what the procedures should be and the timeframe. So everybody knows that 60 days from now at that Commission meeting, this Commission would then discuss and make a determination. Chair Suarez: Okay, so for clarity's sake, this Commission is directing the Administration to begin the process anew. The procedures will be set forth with -- in consultation with Commissioner Carollo, who will have a draft set of procedures. I would like there to be consensus -- now that we're here and talking in the sunshine -- about the voting procedure, which is the one that the Clerk andl worked on, if everyone is okay with the way the votes will happen. Once the selection committee selects three candidates -- Commissioner Carollo: Three. Commissioner Gort: Yes. Chair Suarez: -- we will rank the top three and we will vote in accordance with the procedure City of Miami Page 164 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 that the Clerk andl have established. Commissioner Carollo: Just to establish, the selection committee will establish the top three, bring it to us -- Chair Suarez: Right. Commissioner Carollo: -- and then from there we -- Chair Suarez: Exactly. And then what we can do is what Commissioner Spence -Jones recommended, which we can each have them have -- make a three -minute presentation and then we can proceed to vote and go from there. Yeah, okay. Commissioner Gort. Commissioner Gort: At the same time, those resume that will come in, applicants that do not comply, they should automatically beeliminated. Mr. Martinez: That's why I said we should have a box CPA, check, Public Administration, check. If one of those checks is missing, then an 8r1vith another check. If the checks are missing, that's it. Chair Suarez: Yeah. What he's saying -- Commissioner Gort: You eliminate them out of consideration, yes. Chair Suarez: Thank you. Commissioner Carollo: And by the way, I just want to make some clarity because we're saying public administration, but it's public administration and governmental -- and CPA and governmental experience. Mr. Martinez: No. Commissioner Spence -Jones: No. Mr. Martinez: It's an 5r. " Commissioner Spence -Jones: It's a 5r. " Chair Suarez: It's or. Commissioner Gort: Or. Chair Suarez: It's or. Commissioner Gort: Or. Chair Suarez: Yeah, it's or. Commissioner Carollo: Okay. Chair Suarez: Either a degree in Public Administration or the experience -- Commissioner Carollo: I have here or in lieu of such degree -- Chair Suarez: Right. City of Miami Page 165 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Carollo: -- shall have at least five years' experience in public administration and shall have sufficient experience in governmental accounting and auditing practice. Mr. Martinez: (UNINTET,TIGIBT,F) 2: 25: 40 first two, the 8r'doesn't apply. Chair Suarez: Right. Vice Chair Sarnoff Right. If you have the CPA and the degree in public administration -- Mr. Martinez: The 8r'doesn't apply. Vice Chair Sarnoff Right. I agree. Chair Suarez: Yeah, 'cause there's no comma. If there was a comma, it would apply. Commissioner Carollo: Gotcha. Chair Suarez: Anyhow -- okay, so I think we're -- we've set the procedure. We -- I just want to take a moment to apologize to the candidates who are here. I had an opportunity to meet with all five of you. I found you all to be excellent candidates. I enjoyed very much meeting with you and interacting with you. I kind of warned you that there was a possibility that the Commission could do just about anything. So I -- you know, but I still feel terrible about the fact that you all put yourselves out there. I appreciate the fact that you all put yourselves out there. And some candidates, as Commissioner Spence -Jones said, didn't have what it took -- what it takes or just didn't have the -- as Edward James Olmos would say, the ganas to be -- and to take on this job, which is a challenging job, as is any director position in the City and any elected official position in the City ofMiami. So again, excuse us. We apologize. I apologize. I don't want to put words in my colleagues' mouth, but I sincerely apologize that you -- Commissioner Gort: : Sure, we all do. Chair Suarez: -- have been subjected to this. NA.3 RESOLUTION 12-00111 District2- A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING THE Commissioner Marc HOURS OF THE DISCHARGE OF FIREWORKS UNTIL 11:00 P.M., ON David Sarnoff THURSDAY, FEBRUARY 9, 2012, AT TERMINAL J OF THE PORT OF MIAMI, FOR THE FOREIGN TRADE ADVISORS OF FRANCE SYMPOSIUM, PURSUANT TO SECTION 19-7(C)(2) AND (4), ENTITLED "FIRE PROTECTION/MANUFACTURE, SALE, TIME OF DISPLAY AND DISCHARGE OF FIREWORKS." 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-12-0044 Chair Suarez: Okay, let's go to the blue page items now. Commissioner Sarnoff -- Vice Chairman Sarnoff, you have a pocket blue page item for the Port ofMiami. Do you? Yea, nay? We don't have to do it if you don't. City ofMiami Page 166 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 NA.4 12-00113 Vice Chair Sarnofff. I don't remember what I had. Chair Suarez: Okay. Vice Chair Sarnofff. Oh, wait, yes, yes. The Port ofMiami needs a resolution authorizing them to have fireworks, I think, at 9: 30 -- Commissioner Spence -Jones: You want to ask your staff? Chair Suarez: Yeah. We can keep going until -- Vice Chair Sarnofff. Staff, are you aware of this? You want to help me with this. Chair Suarez: There's someone behind you. Commissioner Spence -Jones: Staff is right behind you. Vice Chair Sarnofff. It's a fireworks waiver at the port authority for 10:30. They need a waiver. Chair Suarez: Is -- that's a motion? Vice Chair Sarnofff. That's a motion. Chair Suarez: Motion by -- Commissioner Gort: Second. Chair Suarez: -- Vice Chairman Sarnoff, second by Commissioner Gort. All in favor, signifi, by saying iiye. " The Commission (Collectively): Aye. Chair Suarez: None in opposition. It passes unanimously. DISCUSSION ITEM DISCUSSION BY COMMISSIONER SPENCE-JONES ON REDISTRICTING IN 2012 AT THE CITY LEVEL. 12-00113-Submittal-Redistricting in 2012 at the City Level.pdf DISCUSSED Direction by Vice Chair Sarnoff to the City Attorney to provide a legal opinion on the effects of Amendments 5 and 6 to political subdivisions of the State ofFlorida; further showing, constitutionally, how the City ofMiami exists as a political subdivision of the State ofFlorida. Direction by Commissioner Spence -Jones to the Administration to place item NA.4 on the agenda for the City Commission scheduled on February 9, 2012. Commissioner Spence -Jones: All right. My -- I actually only have one, Chairman Suarez, and that is just -- I -- and this is something that was brought up to my attention. Actually, I think you guys might have been working on it with Commissioner Dunn prior to me and it really doesn't affect anybody but Commissioner Sarnoff andl believe my district. Did you get a copy of this? Chair Suarez: Yes. Redistricting? City ofMiami Page 167 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Spence -Jones: I think they passed -- Commissioner Carollo: I don't know what this is. Commissioner Spence -Jones: Yeah. This is in reference to the redistricting related issues. Apparently, Commissioner Dunn had been working with the City Attorney's office and -- Where's the City Attorney? Where is she? Kira? Can you -- I just want to be clear on this. I know Commissioner Edmonson andl have been talking about it and the question actually came up -- that was the reason why I kind of delved in it -- it deeper. And when I found out that Commissioner Dunn was already working on it actually June of last year. I'm very -- I was just -- I just became very alarmed with, you know, what -- how I would be affected by this issue. So I'm going to ask the City Attorney to kind of elaborate on it. I think that there might even be some recommendations that were already made on this. Where -- oh, she's sitting here. Sorry. So can you just brief us --? First off Commissioner Sarnoff, do you know about this? Vice Chair Sarnoff Not -- I mean, I know a little, little bit about it as in I heard it -- as I heard about this I believe by that City Attorney right there as I was leaving a meeting and she said something along the lines like -- that you were looking into this. Commissioner Spence -Jones: Okay, all right. Vice Chair Sarnoff That's all I heard. Commissioner Spence -Jones: And the reason why I'm looking into it because I think that I'm probably the most affected by it because I lost a certain amount of people in my district andl believe you gained more, correct? Vice Chair Sarnoff I assume, though I don't know, my district has grown probably more than anyone else's simply 'cause of downtown. Commissioner Spence -Jones: Yeah. So can you please elaborate on this and I'm just trying to figure out a solution to it. It's even beyond me. Whoever decides to come in this seat after me, I don't want them to have this issue andl think it's a pretty big issue. You want to expand -- Kira Grossman: Good evening, Commissioners. Kira Grossman, assistant City Attorney. Right around June of last year I was asked by then -Commissioner Dunn to draft a legal opinion regarding certain issues regarding redistricting. Every year -- every ten years, the census is done and then two years later the State has to do redistricting, which currently we're in that process -- the State is in that process right now. The legislative session is going on early and then redistricting will immediately follow. The basic issues with respect to that are obviously the Voting Rights Act. And this year, Congress -- we're going to get two new seats in the state for Congress. At the local level, Miami -Dade County is also currently redoing -- doing redistricting and so is the School Board. The City ofMiami has not yet looked into this issue. But for all intents and purposes, you need to have less than a 10 percent deviation with respect to population in between each of the districts. Obviously, as the Commissioner stated, her district has relatively remained stagnant in terms of population whereas, Commissioner Sarnoff, your district has probably doubled in size. And so with respect to that -- with respect to each of the Commission -- Vice Chair Sarnoff That's a big statement to make. Ms. Grossman: Well, maybe not doubled, but with respect to the 10 percent deviation standards, you're looking at a much larger deviation between your district -- City ofMiami Page 168 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Vice Chair Sarnoff Well, I mean, before you have this conversation, I mean, do you have any statistical data to give me or any -- you know, there's obviously United States Census. Are you giving me -- I mean, I've only seen page 6 of 17 of a letter that apparently looks like Honorable Richard Dunn -- Commissioner Spence -Jones: Again, it's my blue page item, so we're not making a decision on it, but what I wanted to do was have a conversation about it on my blue pages to direct the City Attorney's office to come back with whatever recommendations that need to take place because, quite frankly, if that is the case and have lost voters, I really need to address the issue. And if everything -- if every municipality, School Board, State, and Miami -Dade County -- like I said, I had a conversation with Commissioner Edmonson on this issue and that was communicated that I needed to really look at this issue because it's a problem. So I'm just simply saying wanted her to kind of -- again, I just discussed this, okay. So if that is the case, then I would like to at least get her recommendation. I'm assuming that you all will be briefed on whatever comes back that needs to come in front of the City Commission, but I think it's extremely important not just to me but to the voters in my district. Chair Suarez: Commissioner, great minds think alike. It was my blue page item for the next Commission meeting. Commissioner Spence -Jones: Oh, good. Chair Suarez: So -- Commissioner Carollo then Commissioner Gort. Commissioner Carollo: Thank you, Mr. Chairman. And at the same time, yes, we need the census number -- but at the same time, keep in mind that the City ofMiami is contesting the census numbers. Andlleana Ros-Lehtinen was here with the Mayor and myself and we are actually contesting the numbers. So that's something thatl think is why we -- why at least the reasoning why we haven't jumped into the redistricting right away to see if, you know, something does change with the census numbers in the City ofMiami. And actually, your District 2 could actually grow some more because there's a lot of buildings thatl think realistically they just went by the address of the building but they didn't take into consideration all the different apartment numbers and they didn't reach out 'cause they weren't let inside so -- Commissioner Spence -Jones: Right, andl -- Commissioner Carollo: -- we're actually contesting the numbers. Commissioner Spence -Jones: -- can honestly tell you thatl know definitely in my district that we've lost a lot of people in my district, just merely by the number of foreclosures, just merely by the number of abandoned and vacant properties. I mean, literally Liberty City, Overtown, Little Haiti, those areas have been -- so I know we've lost numbers. But the whole purpose of this discussion was not for us to make a decision on it but if any of you were in the same position, you know, I'm sure you would be bringing this up as an issue because you're losing people in your district. Commissioner Carollo: No, and we're discussing it. And -- Commissioner Spence -Jones: Yeah. Commissioner Carollo: -- that's -- my understanding of why we haven't rushed into redistricting is because we're contesting the numbers of the census and the next elections for the City of Miami is in 2013, so we have some time is whatl'm saying. Commissioner Spence -Jones: Right. I think the whole discussion was really, based on whatl'm City ofMiami Page 169 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 being told, is if we were going to do anything on this issue, we need to piggyback on what's already going on because then we're talking about an even greater expense to make that happen. Is that correct? Ms. Grossman: The ultimate issue is also that this is not a quick process. Ultimately, the recommendation that's in the legal opinion would be to hire an expert consultant. There are a few that do this on a regular basis. The last time we did this was nine years ago, so you're still within the ten-year timeframe in order to do it. Last time you hired Miguel De Grandy. He was hired as an expert consultant. You're also going to need census data expert, a geographical data analysis person, a specialist to draw up boundary maps. Ultimately, public hearings need to take place in each of the districts. Ultimately, conversations need to take place with each of the Commissioners to take in the core of their districts. So it's a relatively lengthy process which is why it's -- you have time because you have until 2013, but it's something that needs to be taken into consideration for the future because currently as it stands you are in violation of a -- of the 14th Amendment, but you're within the time frame, but it's something to consider. Chair Suarez: Commissioner Gort. Commissioner Gort: I have to tell you, I'm the one that created the district back in '96 and it is a lengthy process that takes place. We got to start moving on this right away. We have to look at it because if not -- and the reason we had to work on it -- if we don't do it ourself, then the courts will do it for us. And if the courts do it for us, it's a lot worse. Chair Suarez: I agree. Vice Chair Sarnoff. Mr. Chair. Chair Suarez: Yes, Vice Chair. Vice Chair Sarnoff. Are we budgeted for this? I mean, are we budgeted in this budget cycle for a Miguel De Grande [sic] -- Commissioner Carollo: No. Vice Chair Sarnoff. -- for a geographical expert, for a legal expert -- Commissioner Spence -Jones: No, but we'll have to pay for it later if we don't take care of it. Chair Suarez: No, no. We have to do it. Vice Chair Sarnoff. Well, no, no, no. All I'm -- I'm just asking the question are we budgeted for it. What we do -- maybe we'll just fire ten cops, I don't know, but I'm just asking if we're budgeted. Then the next question is, I thought that we're a political subdivision of the State. So maybe under my own misguided thought processes, once the State sub -- does its redistricting and it goes to court, I thought we follow suit of the state? Ms. Grossman: Well, your precincts are not based on the State redistricting plans. That's -- Vice Chair Sarnoff. No, but it's based on the census data that the State is acting upon so -- Ms. Grossman: That is -- sorry. Go ahead. Vice Chair Sarnoff. That's all right. Feel free anytime. So I thought what happened -- what was supposed to logically happen -- andl thought the balance between the amendment that was just done, which is, you know, gerry -- I call it the no gerrymandering arrangement. But has to be City of Miami Page 170 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 balanced with the fair -- what is it called, the Fair Districting Amendment? So there's a balance that has to be worked out there. Is --? Ms. Grossman: At the State level, correct. Vice Chair Sarnofff. Well -- and then my question to you is, since we're a political subdivision of the State, does that apply to us? Ms. Grossman: No, it does not. Amendment 5 and 6 do not apply to the City ofMiami. (UNINTELLIGIBLE). Vice Chair Sarnofff. Is that addressed in your memorandum. Ms. Grossman: No. It is -- that -- it was not directly addressed in the memo. Vice Chair Sarnofff. So I'd like to see from you in addition to your June 14, 2011 opinion, I want to see what those amendments -- affect they have on political subdivisions of the State. And you might come out and say none whatsoever, Commissioner. I have no citation for you on that. This is just my humble legal opinion. Andl might agree with you, I might not agree with you. And then I'd like you to show me constitutionally how the City ofMiami exists as a political subdivision -- if it is a political subdivision of the state, under how it derives its authority so that I can see if your analysis is correct. Ms. Grossman: Okay. Vice Chair Sarnofff. 'Cause it's my humble opinion we are a political subdivision of the State and under Chapter 162 (UNINTELLIGIBLE) we exist. So I want to know that anything that we've done constitutionally, if that has any application whatsoever to a municipality, to a county, or any other political subdivision that exists solely and exclusively at the pleasure of the state of Florida. Chair Suarez: A lot of people have had humble opinions today. It's kind of interesting. Commissioner Spence -Jones: AndMr. Chairman, ifI can -- Chair Suarez: A lot of humble opinions. That's good. Everybody's humble here. Commissioner Spence -Jones: AndMr. Chair -- Chair Suarez: I'm sorry. Commissioner Spence -Jones: AndMr. Chairman, I just wanted to add, again, this was something that was brought to my attention by the County Commissioner as an issue that we definitely need to look at. We do share the district together, so do you, Commissioner Sarnoff, so obviously there's been a lot of work that's been done already on the County on their level as far as what's actually happening between my district and your district. So a lot of that information would actually be information that quite frankly they would be able to share so we already have a jumpstart on that. But I think it's important for the residents of District 5 to make sure, you know, as the person sitting here that I'm not underrepresented. I think it's extremely important. You would askfor the same and any other Commissioner sitting up here would askfor the same. I just wanted to be clear on your end. The last time that the City ofMiami actually did redistricting, do you know when that was? Ms. Grossman: 2003. City ofMiami Page 171 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Spence -Jones: 2003. So back then, was it challenged in 2003? Ms. Grossman: No, it was not. Commissioner Spence -Jones: Okay, so what would be the difference between 2003 and the issue that Commissioner Sarnoff is bringing up now? Ms. Grossman: Well, it was a recently passed amendment, the -- Amendment 5 and 6 were recently passed and so he has a valid point in bringing it up. From my understanding, with experts that are in the field, it does not apply, but I will be more than happy to update the legal opinion and give you the whole background with respect to Amendment 5 and 6 and how it applies to the City ofMiami. Commissioner Spence -Jones: All right, thank you. So is there any way that we can have, Mr. Manager, something be brought back at the next City Commission meeting on this issue, Kira? Ms. Grossman: Sure. Commissioner Spence -Jones: Okay, great. Appreciate it. Chair Suarez: Thank you, Ms. Grossman. NA.5 DISCUSSION ITEM 12-00117 PRESENTATION BY THE BUILDING DEPARTMENT REGARDING THE STATUS OF UNSAFE STRUCTURES WITHIN THE CITY OF MIAMI. 12-00117-Submittal-Building Department Presentation.pdf 12-0117-Submittal-Unsafe Structures Presentation.pdf DISCUSSED Chair Suarez: Let's go to -- in my humble opinion, we're going to go to the unsafe structures, last -- which is a pocket discussion item that have, which was to allow the Building Department to make their presentation. They said they're going to wow me. So I'm prepared to be wowed. Andl have some wowing statistics myself about how much we have in uncollected special assessments, so I hope that's part of the presentation. You told me it would be part of the presentation. Mariano Fernandez (Director, Building): And that will be the Finance Department. We are the Building Department. Chair Suarez: Oh, okay. So you're -- that's not going to be part of the presentation? Mr. Fernandez: Not yet. Chair Suarez: Okay, well -- Mr. Fernandez: It will come in my next one. We're working with Finance -- Chair Suarez: (UNINTET,T IGIBT,F) enlighten the Commissioners. The information that I have gotten so far and it's -- there's some discrepancies as to how accurate the information is that I have, there's approximately $1.5 million in uncollected special assessments. I'm sorry? Just from demo. Just from demoing properties, $1.5 million. So what I'd like for the City Attorney's office to do is to give me an analysis of number one, how much of those special assessments are collectible based on the state law, and number two, a plan of action for collecting all those City ofMiami Page 172 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 special assessments, the ones that are collectible. Julie O. Bru (City Attorney): Mr. Chair. Chair Suarez: Yes. Ms. Bru: I sent a memorandum on January 9 -- Chair Suarez: Okay. Ms. Bru: -- to the Manager -- Chair Suarez: Yes. Ms. Bru: -- explaining the procedure that we have suggested in the Law Department for collecting -- Chair Suarez: Yes. Ms. Bru: -- or foreclosing -- collecting could be -- we could be successful just by sending letters, but for collecting the unsafe structure liens. And we're ready to go forward. What we're waiting for are the files and we're working with the department on that. I think we've made a lot of progress in the last couple of weeks. We're ready to go. I can share the procedure with you. I sent it to the Manager. Chair Suarez: I think I've already read the memo. The -- my -- 'cause I -- andl know what the procedure is. I'm not so concerned about the procedure as I am concerned about the timeline for collecting and having a plan in place with deadlines because, you know, unfortunately the tendency in our government is that we say we're going to do something and, you know, there's no sense of urgency. And I'm not saying your office, I'm just saying generally. Ms. Bru: Right. Chair Suarez: So, you know, what I've learned being up here when I take this subject up from up here is let's all agree on deadlines and then we can mark -- you know, kind of mark our progress as we go forward. Ms. Bru: Well, we have -- you know, the only way that we can determine, number one, whether a particular lien is collectible is once we review the file and we do the due diligence. We have to make sure, you know, there's a certain amount of information that we're going to have to obtain Chair Suarez: Sure. Ms. Bru: -- so as -- the department will be sending us the files and, you know, however they prioritize -- whether they do it based on, you know, the amount of the lien or -- I don't know, however he wants to do it. But we're ready -- once we get the file, we'll do the due diligence and either -- Mr. Fernandez: Mr. Chairman, let me clarify something because I think there's a confusion. The department collects right now liens that they are in the books. Any time there is a transaction and the attorneys come to the City ofMiami, then we talk to the City Attorney office, we bring the file and we go case by case. Chair Suarez: Right. City ofMiami Page 173 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Mr. Fernandez: What we're going to do right now, instead to be reactive and waiting for the customers or the attorneys to come to us, we're going to be proactive -- Chair Suarez: Exactly. Mr. Fernandez: -- and work with the City Attorney in the entire program file by file. So we're going to identify every single one of the liens -- Chair Suarez: Right. Mr. Fernandez: -- notnj, the owners -- Chair Suarez: Right. Mr. Fernandez: -- and have on record of everything that is owed to the City ofMiami as recovery of the unsafe structure functions. Chair Suarez: Yeah. That's precisely what I want you to do is to be proactive on this because -- Mr. Fernandez: Correct. Chair Suarez: -- we have a --from everything) know in the law, we have a very strong claim to these funds. But for whatever reason, some of them I saw date back to 2002, you know. And these are properties that have already been demoed. And what I'm doing is -- and I'm sure the Commissioners can see it -- is I've gone -- and) said) was doing this all along from the get -go -- is first figuring out how to streamline the process for demoing a building, which we've done. I'm still on you guys to keep doing them and pumping them out. We just got one done the other day Mr. Fernandez: Mr. Chairman, we're reinventing government -- Chair Suarez: -- and we're going to be talking about that now. Mr. Fernandez: -- so we are going to do that. Chair Suarez: But also, following through all the way to the end 'cause I want my colleagues to understand that it's possible for us to collect all these funds and we could have them in a special revenue account for a variety of different purposes, to keep demolishing, to do -- I forgot. Somebody was telling me today something -- some other idea that they had for using those funds. Shoot, we can use them for parades. We could. Mr. Fernandez: Mr. Chairman -- Commissioner Spence -Jones: I can't see -- I really can't see so far -- who's -- what -- I should probably not even ask this question, but who's district has the most unsafe structures? Commissioner Carollo: Yours. Commissioner Gort: Yours. Chair Suarez: Yeah. Commissioner Spence -Jones: Oh. City ofMiami Page 174 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Mr. Fernandez: Probably yours. Although it change -- you'll see in the presentation. Chair Suarez: I think it's number two. Mr. Fernandez: Mr. Chairman. Commissioner Spence -Jones: You think number two? Mr. Fernandez: Ms. Vanessa Acosta, the assistant director of the Building Department, is working very closely with Victoria Mendez, and we're going to bring to you -- give me a deadline, if you want in a month, something like that -- Chair Suarez: A month. Mr. Fernandez: -- and we'll be more than glad to work the numbers and the files and bring it back to you. Chair Suarez: What do you got for me? Mr. Fernandez: Okay. Right now? Chair Suarez: Yeah. Mr. Fernandez: I was going to do a 35-, 40-slide presentation. That's why you have two booklets. But I think the assistant City Manager didn't allow me so -- Chair Suarez: Okay. Mr. Fernandez: -- I'm going to make it very brief and short. However, before I start, I want to introduce (UNINTELLIGIBLE), which is the person who is in charge of the program right now citywide. It's only one inspector for the entire city. But before we came this morning, we provide each one of the districts two booklets, one which is the citywide program up-to-date and one for each district with the addresses and the status in each one of the cases that we have open. We would like to offer the Building Department personnel to work with your staff in prioritize or we'll receive your priority on which ones you consider that we need to start proceeding with the demolition. We would like if you want, at the convenience of each one of the district Commissioners, Mr. Chairman, to have the opportunity to go to the field and visit some of the sites so you can evaluate at the same time that we evaluate it. Chair Suarez: Here's a concern that I have with that, Mariano. You're kind of adding another layer to the process rather than -- yes. Because I'll tell you what, there -- you know, we talked about there's a house on 19th Avenue that has -- Mr. Fernandez: Yes. Chair Suarez: -- a demo order from April, you know. So it -- you know, I'm concerned about creating another interactive process where we're going to be going out with Commission staff. Listen, if the Commissioners want to do it, they may want to prioritize. There may be some that have to come down. I know that house has to come down ASAP (As Soon As Possible), tomorrow, you know, the day after. I get reamed every time I go to a Shenandoah Homeowners Association meeting about that house. Mr. Fernandez: Mr. Chairman, I just offering my personal commitment and my department to help in any way, shape or form that we can to clam what is the priorities of the department and which ones are going to be the ones for the district. City of Miami Page 175 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Chair Suarez: But in the absence of that clarity, if for some reason to -- you know, we're hardworking people that have a lot of things going on, our staffs are hardworking, in the absence of that, you know, we want to keep the -- you know, the worst offenders, just go one by one by one and just keep getting them off. Mr. Fernandez: The machine is working. We are not stopping. Chair Suarez: Good. Mr. Fernandez: So with that, I'm going to start with my presentation. Like I said, you have all the legalities of the Chapter 8 and everything of the priorities that we doing in a day-to-day basis in the long presentation. I'm not going to go through it. I'm only going to go into the numbers. The last time that we came over here we got 657 open cases with the different distribution. We have right now 796 open cases, okay. The last time that we came here for an update in the program, it was in June of last year, in 2010, and the City had in the total program 35 demolitions which seven of them were demolished by the City ofMiami contractor and 28 were demolished by the property owners. To date since the last June of last year, we have 36 demolitions by the City ofMiami contractor, 95 by the owner, for a total of 131 demolition cases. This is very important for us because what is happening is the voice is going around that the City ofMiami mean business. We need the neighborhoods clean and safe. So therefore, for every single house that we have demolished and we have used the money, we got three owners that have demolished by themselves the property, which I think is a very good trend for the City of Miami. The funding of the program, as you know, it was the NSP (Neighborhood Stabilization Program) allocated by the City Commission to be used for those demotions. We have depleted the first portion, the $800,000. We have $700,000. Chair Suarez: And l just want to tell you there that that's why we have to be aggressive in our collections because if we would be collecting lockstep with our enforcement, we would be replenishing that fund. 'Cause like I said, there's demos that are from 2002. Mr. Fernandez: Mr. Chairman, I would like to say yes, pero let me clam something. Those funds, they're federal funds. Even if we collect the liens, they need to go back to Washington. Chair Suarez: That's fine. Mr. Fernandez: I cannot use it. Maybe they will be replenish or maybe not, pero we are going to try and we are going to do with the City Attorney's office as much as we can. Right now we have for the second phase of the program that we're going to start now, we have the $800, 000 o the CDBG (Community Development Block Grant) funds that you provided to us at the beginning of the year. And at the request of Commissioner Sarnoff, we're going to bring a midyear amendment which may or may not be approved, but we're going to try to get allocated some additional funds from the general fund due to the I will say increase in building permits that we're suffering right now with the new economy, all the new (UNINTET,TIGIBT,F) on the economy in the City ofMiami, and allocate $100, 000 for each one of the district Commissioners because remember we have some structures that need to be demolished -- Chair Suarez: That are not CDBG eligible. Mr. Fernandez: -- they're not CDBG or NSP or they're historical. Chair Suarez: Right. Mr. Fernandez: And in those cases, the only way that we can demolish (UNINTELLIGIBLE) or something is with this funds. With that Commissioner, the only thing thatl can say is that we City ofMiami Page 176 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 have increased 96 cases in demolition -- Chair Suarez: You know what, I'm going to stop you right there 'cause I want to tell you something. I'm looking through your packet and see the different priorities, how you have it priority one, priority two, priority three. That's very well done. Mr. Fernandez: Everything is done, Commissioner. I just wanted you to -- Chair Suarez: I know, but I don't think there's anything more that needs to -- Mr. Fernandez: No, no, no. Chair Suarez: I mean, this is priority one. These really are -- Commissioner Carollo: And you're looking at my priority right there. Chair Suarez: Yeah. Well, there you go. There you go. Commissioner Gort: That's 17th Avenue. Chair Suarez: Yeah. It's right next to the Marlins stadium. Commissioner Carollo: Yeah. Commissioner Gort: Yeah. Chair Suarez: Exactly. Commissioner Gort: I was just going to mention that one. Chair Suarez: So you're -- Mr. Fernandez: Not the one in the back, the one in the front. Chair Suarez: My 19th Avenue one isn't here but -- Commissioner Gort: Yeah, the (UNINTET,TIGIBT,F). Chair Suarez: -- I'll forgive you for that. But the point is that you have -- I agree with the way you've graded them. So now let's not add another layer to it. Just start demoing on the basis of the priority. You obviously have very good -- Mr. Fernandez: Commissioner, we have everything ready. From the last time to here, we prepare the legislation and the Commissioner approve all the legislation for the unsafe structure panel. The only thing that we have left to start working with unsafe structure, because we have work out all the details with the County, is the financing portion, which unfortunately is part of the package that we had to delay one more month for the -- because it's part of the schedule of fees. The unsafe structure panel is one of the sections of Chapter 10. So as soon as the schedule offees is passed, we'll start getting our own unsafe structure panel in (UNINTELLIGIBLE). Vice Chair Sarnoff. Wait, wait, wait. Can you break that out? The next Commission meeting, would you break that out? Because I don't want this to -- I don't want to go through this any longer. And maybe Commissioners that are in favor of some schedule offees and not others, I think every Commissioner here wants to see the unsafe structure board proceed forward. Don't hold that hostage. And in case you're wondering if you're going to leverage it, don't leverage it. City of Miami Page 177 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Don't hold it hostage to this process. Break it out. Let us decide it separately. Commissioner Spence -Jones: Yeah, andl -- that's whatl wanted to ask you quickly 'cause I know you guys must know most of these properties 'cause I don't see an address on them. You were just showing samples of them. Can you -- which -- do you know -- is there one in here that's D5 (District 5)? Mr. Fernandez: Most of them. Commissioner Spence -Jones: No. I'm saying picture -wise 'cause it doesn't have an address on them, unless I'm overlooking. Mr. Fernandez: We just choose some samples, Commissioner. It doesn't mean that we're trying to identify one district over the other, just trying to identify what a priority was. Chair Suarez: You're trying to identify the condition of the property -- Mr. Fernandez: Correct. Chair Suarez: -- and how much of a priority. But I think what I'm telling you is you've done a very good job. Mr. Fernandez: Everything is done, Commissioner. I just wanted to offer you an opportunity. Chair Suarez: I know. But what I'm trying to tell you is I do not want to take that opportunity. Mr. Fernandez: Thank you. Chair Suarez: Nor do I want my colleagues to take it and I'll tell you why because that's just adding another layer of things that we have to do and you have already done a great job. So let's just get to work. Mr. Fernandez: We're working, Commissioner. Chair Suarez: I know. Mr. Fernandez: We're not stopping. Chair Suarez: I know, but you know me. I'm going to keep pushing you, Mariano. You know every time I see you, I'm going to keep -- Mr. Fernandez: Mr. Chairman, I told you I will run out of money before I can run out of houses. Commissioner Gort: Give him the money. Chair Suarez: That's for sure. Do you want to say something on this 'cause we're about to adjourn the meeting so -- the Commission meeting. Daniel Alfonso (Director, Strategic Planning, Budgeting and Performance): How about the discussion item for the elections? Chair Suarez: I'm sorry? Vice Chair Sarnoff It was a regular agendaed item, was it not? City of Miami Page 178 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Mr. Alfonso: Yes. Chair Suarez: No, no, wait. We're talking about -- Vice Chair Sarnoff I think it got -- Chair Suarez: -- the discussion item on the election? Mr. Alfonso: Yes. Chair Suarez: We're going to adjourn the meeting. We can bring it on the next one. Julie O. Bru (City Attorney): Mr. Chairman, I have a pocket item. NA.6 DISCUSSION ITEM 12-00119 DISCUSSION BY COMMISIONER SPENCE-JONES REGARDING EVENTS WITH CULTURAL SIGNIFICANCE TO CITY OF MIAMI RESIDENTS. DISCUSSED Direction by Commissioner Spence -Jones to the Administration to provide a report at the February 9, 2012, City Commission meeting, that identifies key culturally significant events within the City ofMiami and options on how to address these events. Commissioner Spence -Jones: Okay, can -- okay, Mr. Chair, I just want -- Chair Suarez: Yes, of course. Commissioner Spence -Jones: I just -- because I did say I was going to bring back my item regarding the parades and -- Chair Suarez: Yes, and that as well. Commissioner Spence -Jones: -- the signature thing. So I will -- Chair Suarez: Bring it as a blue page. Commissioner Spence -Jones: -- the Chair has asked that we will bring that to the next -- Priscilla A. Thompson (City Clerk): Excuse me. Have we finished our discussion that we were on here? Chair Suarez: Yes. Ms. Thompson: Okay. Mariano Fernandez (Director, Building): Thank you, Mr. Chairman. Chair Suarez: Thank you, Mr. Fernandez. Ms. Thompson: So we will show -- Chair Suarez: I apologize, Madam Clerk. City ofMiami Page 179 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 NA.7 12-00104 Ms. Thompson: -- that item as closed. That's -- Chair Suarez: Told you you got to do it faster. Ms. Thompson: Now we're discussing what, please, sir? I'm sorry. Commissioner Spence -Jones: Mr. Chairman. Chair Suarez: Yes. Commissioner Spence -Jones: I had an item regarding SR.2 -- 3, one of them. Chair Suarez: Well, remember, we're not going to do it that way. You're just going to make it a blue page item so that -- Commissioner Spence -Jones: (UNINTET ,T IGIBT ,F). Chair Suarez: Right, right. Commissioner Spence -Jones: -- that item that was brought for later. Chair Suarez: Right. Commissioner Spence -Jones: I will move that over to -- Chair Suarez: The next meeting. Commissioner Spence -Jones: -- next meeting. But what I would like for the Administration, I would like for our City Manager to do is at least come up with some additional options so that prior to us meeting to address the key signature, the cultural things that are important to the City and our -- yeah, culturally rich things that are important to the City, that you come back with a solution on how to address that. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING, APPROVING AND CONFIRMING THE CITYATTORNEY'S CONTINUING REPRESENTATION OF DISTRICT2 COMMISSIONER MARC SARNOFF FOR PURPOSES OF SEEKING INJUNCTIVE RELIEF, OR ANY OTHER ACTIONS AT LAW OR IN EQUITY FOR PROTECTION AGAINST REPEAT VIOLENCE, INCLUDING REPEATED STALKING AND HARASSMENT, AND FINDING THAT SUCH CONTINUING REPRESENTATION BY THE CITY ATTORNEY SERVES A PUBLIC PURPOSE. 12-00104-Submittal-Draft Copy of Resolution.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0043 Chair Suarez: Okay, there's a -- yes. There's another pocket item that was just given to me by the City Attorney's office. Does anybody want to move that item and read it? City of Miami Page 180 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 Commissioner Spence -Jones: I don't know what the item is. Chair Suarez: She handed it out. Did you hand it out to all the Commissioners. Julie O. Bru (City Attorney): Yes. It's a resolution of the Miami City Commission raging and approving and confirming the CityAttorney's continuing representation of District 2 Commissioner Marc Sarnoff for purposes of seeking injunctive relief or any other action at law or in equity for protection against repeat violence, including repeated stalking and harassment, and finding that such continuing representation by the City Attorney serves the public purpose. Chair Suarez: Is there a motion by any member of this board? Commissioner Carollo: So move. Chair Suarez: Moved by Commissioner Carollo. Commissioner Spence -Jones: Second for discussion. Chair Suarez: Second by Commissioner Spence -Jones for discussion. You're -- Commissioner Spence -Jones: Of course I support it. I definitely don't want you or no one to be harassed. I just didn't -- you didn't -- any -- was it something that had to happen today? That was the reason why it was a pocket item? I'm just curious. Ms. Bru: No. Vice Chair Sarnoff I didn't bring it. Ms. Bru: No. Commissioner -- Commissioner Spence -Jones: I mean, 'cause -- Ms. Bru: Yeah, Commissioner. No. This is purely my item. I interpret the Charter -- that the Charter requires that ifI am going to prosecute an action on behalf of the City I need to get authority from the City. For example, we've been talking about these demolitions and foreclosing on the demolitions, andl interpret the directive that you've given us to go and foreclose as the authority to go and foreclose. Chair Suarez: Yes. Commissioner Spence -Jones: But -- Ms. Bru: In this particular matter, this is something that we had to get involved in. It was a hearing that occurred and the assistant City Attorney that's at the police department assisted the police in this matter. Since it is representing the Commissioner, I do have to get the authority from the City Commission. Commissioner Spence -Jones: Right, and I'm not disagreeing with that. I just -- again, in the spirit of transparency -- Ms. Bru: Why is it a pocket item? Commissioner Spence -Jones: Yeah. Why is it a pocket item 'cause --? City of Miami Page 181 Printed on 2/16/2012 City Commission Meeting Minutes January 26, 2012 ADJOURNMENT Ms. Bru: Okay. It's just that, you know, quite frankly, it's just my fault, you know. I probably should have done this in the agenda early in December. I just really didn't get around to it and didn't want to delay it any more without getting your authority because there will be a hearing coming up in February. Chair Suarez: And you know -- it's been moved and seconded. You know, I just want to say, you know, this is not the first time that we've gotten from the City Attorney's office a pocket item for attorney's fees at the last minutes. Commissioner Spence -Jones: And I'm just saying -- Ms. Bru: No. This is not attorney's fees. This is being done in-house. Chair Suarez: Oh, I'm sorry. Ms. Bru: Yeah, no. This is being done -- Chair Suarez: Okay. Ms. Bru: -- in-house. An extremely minimal amount of time has been devoted to this, less than 20 hours. Chair Suarez: I support it and it's not -- Commissioner Spence -Jones: Yeah, it's not an issue. Chair Suarez: -- I think it's more about the City Attorney than -- Commissioner Spence -Jones: Then why -- if we're not hiring anybody, why do we have to -- why do you need this though? Ms. Bru: Because based on the way that the Charter authorizes my activities on behalf of the City, I cannot prosecute a matter unless I have authority from the City Commission. Chair Suarez: It's been -- Commissioner Spence -Jones: Oh, okay. Chair Suarez: -- moved and seconded. All those in favor, signifi, by saying aye." The Commission (Collectively): Aye. Chair Suarez: Meeting adjourned, unless anyone's in opposition. No. Not hearing any. The meeting adjourned at 7: 28 p.m. City of Miami Page 182 Printed on 2/16/2012