Loading...
HomeMy WebLinkAboutCC 2012-10-11 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, October 11, 2012 9:00 AM REGULAR City Hall Commission Chambers City Commission Tomas Regalado, Mayor Francis Suarez, Chairman Marc David Sarnoff, Vice -Chairman Wifredo (Willy) Gort, Commissioner District One Frank Carollo, Commissioner District Three Michelle Spence -Jones, Commissioner District Five Johnny Martinez, City Manager Julie O. Bru, City Attorney Dwight S. Danie, City Clerk City Commission Meeting Minutes October 11, 2012 CONTENTS Present: Commissioner Gort, Commissioner Carollo, Chair Suarez and Commissioner Spence -Jones Absent: Vice Chair Sarnott PR - PRESENTATIONS AND PROCLAMATIONS AM - APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PH - PUBLIC HEARINGS FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City of Miami Page 2 Primed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE On the 11 th day of October 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 Commission Meeting was called to order by Chair Suarez at 9:00 a.m., recessed at 9:05 a.m., reconvened at 9:06 a.m., recessed at 12:12 p.m., reconvened at 2:30 p.m., recessed at 2:32 p.m., reconvened at 2:43 p. in., and adjourned at 3:22 p.m. Note for the Record: Commissioner Gort entered the Commission chambers at 9:05 a.m., Commissioner Spence -Jones entered the Commission chambers at 9: 06 a.m., and Commissioner Carollo entered the Commission chambers at 9:08 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Dwight S. Dania, City Clerk Commissioner Spence -Jones: (INAUDIBLE) morning. Chair Suarez: Good morning. Commissioner Spence -Jones: To God be the glory. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PRESENTED 1) Commissioner Spence -Jones presented certificates of appreciation to various members pi -the Neighborhood Enhancement Team's (NET), Chicken Busters'faskforce, for their success, hard work, and dedication to ensuring the quality of life for residents of the City of Miami. Chair Suarez: We will now make presentations and proclamations. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Gort, seconded by Commissioner Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Spence -Jones Motion by Commissioner Gort, seconded by Commissioner Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Spence -Jones Chair Suarez: We will now proceed with the approval of the minutes from the regular meeting of September 13, 2012 and the first budget hearing of September 13, 2012. Is there a motion? Commissioner Gort: Move it. Chair Suarez: Moved by Commissioner Gort. Is there a second? City of Miami Page 3 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 MAYORAL VETOES Commissioner Carollo: Second. Chair Suarez: Second by Commissioner Carollo. Any discussion? All in favor, signify by saying aye." The Commission (Collectively): Aye. END OF APPROVING MINUTES NO MAYORAL VETOES Chair Suarez: Let's just skip over and ask the Clerk, Are there any mayoral vetoes to report at this time, Mr. Clerk? Dwight Dante (City Clerk): No, sir, there are no mayoral vetoes. Chair Suarez: Thank you so much. Well, I guess we'll stand in recess until we have a quorum. Thank you. Thank you for your patience. Chair Suarez: Good morning, ladies and gentlemen. Welcome to the 2012-2013 fiscal year. Welcome to the October 11, 2012 meeting of the City of Miami Commission in these historic chambers. The members of the City Commission are myself; Francis Suarez, the Chairman; Marc David Sarnoff, the Vice Chair; Frank Carollo, Commissioner; Wifredo "Willy" Gort, Commissioner; Michelle Spence -Jones, Commissioner. Also an the dais are Johnny Martinez, the City Manager; Julie O. Bru, the City Attorney; and Dwight Danie, the City Clerk. I changed that. It wasn't actually changed when I read it, so I did it on the fly there. I'm sure you're very impressed. Obviously, we're missing the three required Commissioners to have a quorum, and I don't like to -- usually like to have the prayer or the pledge without them present, or proclamations because they are going to he th.e ones giving the proclamations. But, Madam Attorney, would you read your statement into the record to save some time? Julie O. Bru (City Attorney): Yes. Good morning, Mr. Chair. Thank you vet), much. Mr. City Clerk, good morning, Mr. City Manager, members of the public. This meeting is a public meeting. Any person who is a lobbyist nnlst register with the City Clerk before appearing before the City Commission. A copy of the Code section about lohhyists is available in the City Clerk's office. The material for each item on the agenda is available during business hours and at the City Clerk's office and online at www.miamigov.com. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. Please, no cell phones or other noise -making devices. Silence them now. Any person making offensive remarks or who becomes unruly in the Commission chambers will he harred from further attending meetings. Any person with a disability who requires auxiliary aids, please see the City Clerk. And, Mr. Chair, the lunch recess is scheduled to begin at the conclusion of deliberation of the agenda item being considered at noon, unless you indicate otherwise. Thank you. Chair Suarez: Thank you, Madam Attorney. [Later...] Chair Suarez: We will now proceed with the order of the day. Does the Administration wish to continue, defer, or withdraw any item from the regular agenda or the consent agenda? Johnny Martinez (City Manager): Yes, Mr. Chair. I'm going to go slowly. City of Miami Page 4 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Chair Suarez: Please. Mr. Martinez: CA.5 -- Chair Suarez: Okay. Mr. Martinez: -- withdraw; RE.1, defer to October 25; RE.7, defer to October 25; RE13, defer to October 25; and PH.3, continue to November 15 or the meeting in November. Chair Suarez: PH.3? Commissioner Carollo: What was the last one? Mr. Martinez: PH.3. Chair Suarez: Continued -- Mr. Martinez: To November. Chair Suarez: -- until November, to the like -- same -like meeting in November, the November meeting. Mr. Martinez: Right. Chair Suarez: Right. Commissioner Gort: PH.3. Mr. Martinez: PH.3, sir. Chair Suarez: You want me to --? Commissioner Carollo: And when is that meeting? Can we have a date? Chair Suarez: I think it's November 20, but I don't want to -- Commissioner Gort: 1 think it was the 21st. Commissioner Carollo: Mr. Clerk. Commissioner Gort We're going to pass a resolution today. Chair Suarez: When is the November meeting scheduled? Dwight Danie (City Clerk): Right now it scheduled for November 8, hut I think that item is up today for you to change it. Chair Suarez: Okay, if the item is passed, when would it be scheduled for? Commissioner Carollo: Right. Mr. Dante: 1 think at your -- the resolution says November 15 -- Chair Suarez: Okay, thank you. City of Miami Page 5 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Mr. Danie: -- but there is going to be discussion about that. Chair Suarez: I think that's what the Commissioner was asking. Commissioner Carollo: So -- Mr. Dante: Right? Commissioner Carollo: I am. Sorry. PH.3 to November -- Commissioner Gort:: 15th. Chair Suarez: 15th. Commissioner Gort: If it pass as a resolution. Mr. Martinez: If it passes. Mr. Dante: If it passes. Chair Suarez: If it passes, okay. Do you want me to read them. hack? Commissioner Carollo: Yes, but I'm going to have discussion. Chair Suarez: Okay. CA.5, withdrawn; PH.3, continued; RE.1, deferred -- and the PH.3 is continued to the November -- Commissioner Carollo: 15th. Chair Suarez: -- 15 if we pass the resolution agenda -- RE.1, deferred; RE.7, deferred to the next Commission meeting; RE.13, deferred to the next Commission meeting. Commissioner Carollo, you don't -- you want to discuss it before we entertain a motion, correct? Commissioner Carollo: Yes, absolutely. Chair Suarez: Go ahead. Commissioner Carollo: And I don't know if we just want to pull this one out and then discuss it separately to see if we defer or not. Chair Suarez: That's fine. Commissioner Carollo: And then pass the other ones, but I would like to discuss RE.13. So if we -- can we pull that one -- Chair Suarez: Sure. Commissioner Carollo: -- out of the deferral list? And we'll pass the deferral and then -- Chair Suarez: You want to make a motion for the remaining items that were articulated by the Administration? Commissioner Carollo: Yes. 'would make a motion to defer or withdraw or continue -- Chair Suarez: As stated by the Administration. City of Miami Page 6 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Mr. Danie: Excuse me. Commissioner Carollo: -- as stated by the Administration. Chair Suarez: With the exception of -- Commissioner Carollo: All others, except RE.13. Commissioner Spence -Jones: Mr. Chairman, 1 think the City Clerk is trying to get your attention. Mr. Dante: I think we need to pull the CA (Consent Agenda) item out of the consent agenda first, then withdraw it. Commissioner Carollo: Actually, we -- Chair Suarez: I don't think we do. Commissioner Carollo: I'm sorry. Actually, we don't. Mr. Dante: That's what 1-- Commissioner Carollo: No. We have had that practice, but we've also had the practice that we defer items -- Chair Suarez: Right. Commissioner Carollo: -- and then we take up the CA items and we pull those for discussion. Mn. Dante: Right. Chair Suarez: Yeah. Actually -- Commissioner Spence -Jones: I'm lost. What now? Chair Suarez: -- the order that -- Commissioner Carollo: I'll yield to the Chair. Chair Suarez: Look -- Commissioner Spence -Jones: Yeah. I'm just trying to understand. Chair Suarez: -- let's do this. Commissioner Carollo: He knows where we're at. Chair Suarez: Look, let's do this. Commissioner Spence -Jones: Okay. Chair Suarez: Do you advise -- we're fine? Okay. So the motion as stated by Commissioner Carollo is to withdraw CA.5, continue PH.3 to the November -- the first or only November agenda; defer RE.1, defer RE.7, and defer RE (Resolution) -- no. City of Miami Pagel Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Commissioner Carollo: That's it. Chair Suarez: Defer RE.1 and defer RE.7 and discuss the remaining deferrals. Commissioner Carollo: Yes. Chair Suarez: Is there a second on that motion? Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. All in favor, sign by saying aye." The Commission (Collectively): Aye. [Later...] Chair Suarez: Okay, let me just do a little housekeeping here. RE.12, I had it for a time certain that I had notified the Commissioners. There is another -- there was a request today made by Commissioner Luis Gonzalez from Hialeah -- and I'll explain now -- and Mayor Cindy Lerner on one of my hlue page items, to do it at 11:30, so as long as a Commissioner doesn't have any objection with that. It's a discussion on the FP&L (Florida Power & Light) rate increase. Commissioner Spence -Jones: Okay. Chair Suarez: Both -- what I want to do is have each side just give their five-minute presentation, no more than five minutes each side. There's not going to he a hack and forth. I mean, if we have any questions, obviously, you're welcomed to ask them. And then we either take action or not take action. It's a discussion item so -- Commissioner Carollo: And that's at 11..30. Commissioner Spence -Jones: 11:30. Chair Suarez: Yes. That's what they've requested, 11:30. Five minutes on each side. I don't know if there's anything else that the Commissioners want to take out of turn or -- Commissioner Spence -Jones: Are -- so we're not taking RE.14 at all? Maybe I missed it. Chair Suarez: Yeah. No. We're going to do RE.14. RE.12 is at 11:15, so in about 20 minutes. Commissioner Spence -Jones: So we have time to do RE.14? Chair Suarez: Yeah. We can do RE.14 right now actually. [Later...] Chair Suarez: And I'm sorry, I didn't -- I wanted to clean up some of this stuff before we kept going. I'm going to defer mine, which is 4.2. And obviously, we're going to defer the Commissioner Michelle Spence -Jones's and Commissioner Sarnof fs, who's not here, to the next Commission meeting. So is there a motion to defer that? Commissioner Carollo: There's a motion. And I would like to add -- Chair Suarez: Go ahead. City of Miami Page 8 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Commissioner Carollo: -- D3.1 and D3.3. Chair Suarez: Okay. So there's a motion to defer D2.1, D3.1, D3.3, D4.2, D5.2, and D5.3. Commissioner Carollo: To the next Commission meeting. Chair Suarez: To the next Commission meeting. Commissioner Gort: Second. Chair Suarez: Second. All in favor, sib by saying "aye." The Commission (Collectively): Aye. City of Miami Page 9 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 CONSENT AGENDA CA.1 RESOLUTION 12-01003 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID General Services RECEIVED AUGUST 6, 2012, PURSUANT TO INVITATION FOR BID NO. Administration 320281, FROM NATIONAL LIFT TRUCK SERVICE, INC., THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, FOR FORKLIFT AND OTHER HYDRAULIC LIFTS MAINTENANCE AND REPAIRS, ON AN AS NEEDED 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, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 12-01003 Summary Form.pdf 12-01003 Award Recommendation Form.pdf 12-01003 Tabulation Sheet.pdf 12-01003 Detail by Entity Name.pdf 12-01003 Addendum No. 1.pdf 12-01003 Invitation for Bid .pdf 12-01003 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-12-0373 CA.2 RESOLUTION 12-01004 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE CITY OF MIAMI BEACH, TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ENSURE PUBLIC SAFETY AND ADEQUATELY RESPOND TO INTENSIVE SITUATIONS, INCLUDING, BUT NOT LIMITED TO NATURAL AND MANMADE DISASTERS OR EMERGENCIES AS DEFINED UNDER SECTION 252.34, FLORIDA STATUTES. 12-01004 Summary Form.pdf 12-01004 Legislation.pdf 12-01004 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Samoff R-12-0374 City of Miami Page 10 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 CA.3 RESOLUTION 12-01005 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING ("MOU"), WITH MIAMI-DADE COUNTY TO ALLOW FOR A COMPREHENSIVE OVERHAUL OF THE ENGINES AND GENERATORS FOR THE TWO (2) VESSELS PURCHASED AND OPERATED BY THE CITY OF MIAMI UNDER THE 2005 PORT SECURITY GRANT, PURSUANT TO RESOLUTION NO. 06-0198, ADOPTED APRIL 6, 2006, BY WHICH THE CITY OF MIAMI ACCEPTED A GRANT AWARD TO PURCHASE THE TWO VESSELS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE MOU AND ANY OTHER DOCUMENTS NECESSARY TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF THE MOU; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE FUTURE MOU(S) SHOULD ADDITIONAL FUNDING BECOME AVAILABLE FOR USE BY THE CITY OF MIAMI POLICE DEPARTMENT UNDER THIS FEDERAL GRANT PROGRAM. 12-01005 Summary Form.pdf 12-01005 Pre-Legislation.pdf 12-01005 Letter - Police Legal Bureau.pdf 12-01005 Letter - MOU Port Security Grant.pdf 12-01005 Legislation.pdf 12-01005 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-12-0375 CA.4 RESOLUTION 12-01065 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING PAYMENT Attorney IN THE AMOUNT OF $32,500, IN FULL SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST COMCAST CABLE LLC, IN THE CASE OF CITY OF MIAMI V. COMCAST CABLE COMMUNICATIONS LLC; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT. 12-01065 Memo - Office of the City Attorney.pdf 12-01065 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-12-0376 City of Miami Page 11 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 CA.5 12-01072 Office of the City Attorney CA.6 12-01006 Department of Purchasing CA.7 12-00907 Department of Purchasing RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A PAYMENT IN THE AMOUNT OF $10,000 IN FULL SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST C W CONSTRUCTION, INC., IN THE CASE OF CITY OF MIAMI V. HDR ENGINEERING, INC., ETAL.; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT. 12-01072 Memo - Office of the City Attorney.pdf 12-01072 Legislation.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Samoff RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED JUNE 1, 2012, PURSUANT TO INVITATION FOR BID ("IFB") NO. 316277, FROM SHARP ELECTRONICS CORPORATION D/B/A SHARP BUSINESS SYSTEMS, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, WHOSE BID IS THE MOST ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"), FOR THE LEASE/RENTAL OF MULTIFUNCTIONAL COPIERS, CITYWIDE, FOR A CONTRACT PERIOD OF FOUR (4) YEARS WITH NO OPTIONS TO RENEW; ALLOCATING FUNDS FROM VARIOUS SOURCES FROM THE CITY'S END -USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 12-01006 Summary Form.pdf 12-01006 Memo - Bid Evaluation.pdf 12-01006 Tabulation of Bid.pdf 12-01006 Addendums No. 1 & 2.pdf 12-01006 Invitation for Bid.pdf 12-01006 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Samoff R-12-0377 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED JULY 10, 2012, PURSUANT TO INVITATION FOR BID NO. 312282, FROM MOTOR SERVICES HUGO STAMP, INC., THE SOLE City of Miami Page 12 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PURCHASE OF MARINE EQUIPMENT, REPAIRS AND BOAT MAINTENANCE, 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, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED, ADDING SUPPLIERS TO THE CONTRACT AS DEEMED IN THE BEST INTEREST OF THE CITY OF MIAMI. 12-00907 Summary Form.pdf 12-00907 Award Recommendation Form.pdf 12-00907 Tabulation Sheet.pdf 12-00907 Detail by Entity Name.pdf 12-00907 Invitation for Bid.pdf 12-00907 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-12-0378 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: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff END OF CONSENT AGENDA Chair Suarez: Does any Commissioner wish to pull any item or defer any additional -- Commissioner Gort: I thought we were in discussion. Chair Suarez: -- item -- or pull any additional items from the agenda? Does anyone wish to pull any item from the consent agenda? Seeing none, hearing none, does anyone want to make a motion on approval of the -- Commissioner Gort: Move it. Chair Suarez: -- of the consent agenda? Commissioner Spence -Jones: So moved. Chair Suarez: Moved by Commissioner- Gort, second by Commissioner Spence -Jones. All in favor, signer by saying iiye. " The Commission (Collectively): Aye. PUBLIC HEARINGS 9:00 A.M. City of Miami Page 13 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 PH.1 12-01008 Department of Community Development PH.2 12-01010 Department of Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") REPAYMENT FUNDS, IN THE AMOUNT OF $1,244,509.08 TO THE SINGLE FAMILY REHABILITATION AND REPLACEMENT HOME PROGRAMS AND HOUSING ACTIVITIES, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 12-01008 Summary Form.pdf 12-01008 Notice to the Public.pdf 12-01008 Pre-Legislation.pdf 12-01008 Legislation.pdf 12-01008 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Sarnoff and Carollo R-12-0379 Chair Suarez: PH.1. George Mensah: Good morning, Commissioner. George Mensah, director of Community Development. PH.1 is a resolution advertising the allocation of repayment funds in the amount of -- approximately $1.2 million to the Single Family Rehabilitation and Replacement Horne Programs and Housing Activities. Chair Suarez: Thank you. This is a public hearing item. Anyone from the public wishing to speak on PH.1? Anyone from the public wishing to speak on PH.1? Hearing none, seeing none, the public hearing is closed. Is there a motion? Commissioner Gort: Move it. Chair Suarez: Moved by Commissioner Gort. Is there a second? Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. All in favor, signify by saying 1 ve. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT THE ASSIGNMENT OF TWO AGREEMENTS FROM THE THEODORE ROOSEVELT GIBSON MEMORIAL FUND, INC. TO THE THELMA GIBSON HEALTH INITIATIVE, INC., FOR ELDERLY SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY City of Miami Page 14 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 12-01010 Summary Form.pdf 12-01010 Notice to the Public.pdf 12-01010 Pre-Legislations.pdf 12-01010 Thelma Gibson Health Initiative, Inc.pdf 12-01010 Legislation.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Sarnoff and Carollo R-12-0380 Chair Suarez: PH.2. George Mensah (Director, Community Development): PH2 is a resolution of the City Commission authorizing the City Manager to accept the assignment of two agreements from Theodore Roosevelt Gibson Memorial Fund to the Thehna Gibson Health Initiative Jiff Elderly Services. Commissioner Gort: Move it. Chair Suarez: There's a motion. Is there a second? Commissioner Spence -Jones: Oh, wait, wait, wait, wait, wait. Isn't this a public hearing? Chair Suarez: We'll open up the public hearing after. Commissioner Spence -Jones: (UNINTELLIGIBLE). Chair Suarez: Yeah. You want to second it? Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Spence -Jones. This is a public hearing. Anyone from the public wishing to speak on PH.2? Anyone from the public wishing to speak on PH.2? Commissioner Spence -Jones: (UNINTELLIGIBLE). Chair Suarez: What's that? Seeing none and hearing none, the public hearing is closed. Coming back to the Commission, anyone have any commentary? All in Pivot., signify by saying aye." The Commission (Collectively): Aye. PH.3 RESOLUTION 12-00390 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, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, PURSUANT TO SECTION 18-85 OF THE CODE OF City of Miami Page 15 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS BEING NEITHER PRACTICABLE NOR ADVANTAGEOUS TO THE CITY OF MIAMI FOR THE FIRE DETECTION AND ALARM SYSTEM FOR THE HYATT HOTEL AND JAMES L. KNIGHT CONVENTION CENTER ("KNIGHT CENTER") LOCATED AT 400 SOUTHEAST 2ND AVENUE, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BY AND BETWEEN THE CITY OF MIAMI ("CITY") AND HYATT EQUITIES, LLC ("HYATT"), TO PROVIDE AUTHORIZATION FOR HYATT TO PREPARE AND FINALIZE A SPECIFICATIONS CRITERIA PACKAGE ("PHASE I") AND FURNISHING, INSTALLATION, AND TESTING ("PHASE II") FOR THE REPLACEMENT OF THE FIRE DETECTION AND ALARM SYSTEM AND ASSOCIATED EQUIPMENT THAT SUPPORTS THE HYATT HOTEL AND THE KNIGHT CENTER, WITH A TOTAL PROJECT COST ESTIMATE OF $778,306 TO BE PAID BASED ON A PERCENTAGE USE OF THE SYSTEM, WITH THE CITY'S SHARE NOT TO EXCEED $238,745; FURTHER AUTHORIZING THE CITY MANAGER TO UNDERTAKE ALL REQUIREMENTS IN ORDER FOR THE CITY TO COMPLY WITH THE UNITED STATES INTERNAL REVENUE CODE OF 1986, AS AMENDED, SUBJECT TO APPROVING OPINION OF BOND COUNSEL AND CONSULTATION WITH THE CITY ATTORNEY; ALLOCATING FUNDS FOR THE CITY'S CONTRIBUTION FROM CIP PROJECT B-70414; WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID LETTER AGREEMENT. 12-00390 Summary Form.pdf 12-00390 Notice to the Public.pdf 12-00390 Memo - Waiver of Competitive Bidding.pdf 12-00390 Legislation.pdf 12-00390 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gott, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff END OF PUBLIC HEARINGS ORDINANCES - FIRST READINGS FR.1 ORDINANCE First Reading 12-01009 District 4- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 2/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Francis Suarez AMENDED, ENTITLED "MAYOR AND CITY COMMISSION," MORE PARTICULARLY BY AMENDING SECTION 2-32, ENTITLED "TIME AND PLACE OF MEETING," PROVIDING FOR BOTH REGULAR NOVEMBER MEETINGS TO BE HELD ON THE THIRD THURSDAY OF NOVEMBER AND FOR BOTH REGULAR DECEMBER MEETINGS TO BE HELD ON THE SECOND THURSDAY OF DECEMBER; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 12-01009 Legislation (Version 2) SR.pdf City of Miami Page 16 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Chair Suarez: Okay, FR.1. Commissioner Spence -Jones: This is your item. Chair Suarez: Yes. Actually -- okay, yes. This is to move the Commission meetings. We've had a practice, since I've been here, of having one Commission meeting in November and one Commission meeting in December. This is simply codification of that practice. I think it should be, by the way, Madam Attorney, the second Thursday in December because -- yeah -- because I think the third Thursday creates a problem. I think this third Thursday is the 20th, which is getting pretty close to the holidays. So it'll he the third Thursday in November and the second Thursday in December. Is there a motion as --? We lost our quorum.. Yeah. Commissioner Spence -Jones: Can you just say the dates so I know? (UNINTELLIGIBLE)? Chair Suarez: They would change because it's a day in time. It would change every year. But this year the third Thursday in November is what day, Mr. Clerk? Commissioner Spence -Jones: The 22nd? Dwight Danie (City Clerk): The third Thursday this year is November 15. Chair Suarez: November 15. And -- yeah, 'cause it -- the first is a Thursday. Mr. Danie: That's correct. Chair Suarez: The -- right. The 8th is a Thursday and then the 15th. Mr. Dante: Yes. Commissioner Spence -Jones: So the meetings we're having in November is the 8th and the 22nd? Chair Suarez: No, no, no. In November we'll consolidate to one meeting, which would he on the 15th, and then we would he having another meeting in December on the second Thursday, which is? Mr. Danie: That would be 13th. Chair Suarez: The 13th of December. Commissioner Spence -Jones: So we're only having one meeting in December and one in November? Chair Suarez: Correct. This is on the consolidating the November and the December. This is the first reading on consolidating the November and the December -- and Commissioner -- Commissioner Carollo: What item is it? I'm sorry. Chair Suarez: It's FR.1, and T just made one minor modification, which was for the December meeting. Instead of making it the third Thursday, to make it the second Thursday, because the City of Miami Page 17 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 third Thursday, a lot of times, comes very, very close to the holidays. So it would be the second Thursday in December and the third Thursday in November. Commissioner Gort: Move it. Commissioner Carollo: Yeah, let me just -- Chair Suarez: As amended. Mr. Danie: Right. Commissioner Carollo: -- real quick -- Commissioner Gort: As amended. Chair Suarez: It's -- this year it would fall on the 13th of December; otherwise, it would be the 20th of December if it was a third Thursday. Commissioner Carollo: Okay, so we're talking December 13 -- Chair Suarez: And November 15 because it the third Thursday in November and the first is a Thursday. Commissioner Carollo: Got it. Chair Suarez: There's a motion as amended. Is there a second? Commissioner Carollo: Second. Chair Suarez: Second. This is a public hearing. Yeah. It's a first reading ordinance, public hearing. Anyone from the public wishing to speak on FR.1 ? Mariano Cruz: Sure. Chair Suarez: FR.1 I think. Mr. Cruz: Just to (UNINTELLIGIBLE). Mariano Cruz, 1227 Northwest 26 Street. The only thing worry about is there will he -- it was one meeting only, it will be time frame to handle -- Chair Suarez: Right. Mr. Cruz: -- everything, you know, in the -- Chair Suarez: I understand. Mr. Cruz: -- properly, not hurry up the -- Chair Suarez: Yeah. Mr. Cruz: -- items or anything. Chair Suarez: Yeah, we've -- Mr. Cruz: You think we'll be able to handle all them? City of Miami Page 18 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Chair Suarez: I think so, Mr. Cruz, because we've done it that waylay. the last three years since I've been here. Mr. Cruz: Right. Chair Suarez: We've been doing it that way and we haven't had any issues. Commissioner Gort: For the last ten years. Mr. Cruz: No. With you it's okay because I know that you start on time. Chair Suarez: Commissioner Gort corrects me. He says we've been doing it for the last ten years that way. So we're just coding a practice that we already engage in. Mr. Cruz: That's all right, yeah. Anyway, the people got to have the holidays to (UNINTELLIGIBLE). Chair Suarez: Yes. Thank you. Thank you so much. Okay, it's been -- Is there anyone else wishing to speak on FR.1 ? Anyone else wishing to speak on FR.1 ? The public hearing on FR.1 is closed; coming back to this Commission. It is an ordinance Julie O. Bru (City Attorney): Second Thursday of those -- second Thursdays of -- well, as amended, seconded Thursdays in November and -- no, the other way around, third Thursday in November, second Thursday in December. Chair Suarez: Correct. Ms. Bru: Correct? Okay. The Ordinance was read by title into the public record by the City Attorney. Mr. Danie: Roll call. A roll call was taken, the result of which is stated above. Mr. Danie: The item passes on first reading, 4-0. FR.2 ORDINANCE 12-00541 First Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Marc 46 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, DavidSarnoff ENTITLED "PUBLIC NUISANCES", MORE PARTICULARLY BY AMENDING SECTION 46-2, ENTITLED "NUISANCE ABATEMENT BOARD," TO ALLOW MEMBERS OF THE CODE ENFORCEMENT BOARD TO SERVE AS MEMBERS OF THE NUISANCE ABATEMENT BOARD; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 12-00541 Legislation.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff City of Miami Page 19 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 RE.1 12-00848 Department of Fire -Rescue RE.2 12-01030 Chair Suarez: FR.2 is an item of. the District 2 Commissioner. I got a report fivm his office that he was okay with us going forward on first reading; that he would be here for second reading. Commissioner Carollo: Did you get a report with regards to the tunnel loan? Chair Suarez: No, no. They did not discuss that with me, so sorry to disappoint you. FR.2. Is there anyone that has a motion on FR.2? I think it's a little less significant than the tunnel loan. Commissioner Carollo: Move it. Chair Suarez: It's been moved -- Commissioner Spence -Jones: Second. Chair Suarez: -- and seconded. This is a public hearing. Anyone from the public wishing to speak on FR.2? Anyone from the public wishing to speak on FR.2? Hearing none and seeing none, the public hearing on FR.2 is closed. This is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Dwight Danie (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Mr. Dante: Item passes 4-0 on first reading. END OF FIRST READING ORDINANCES RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDEMNIFICATION AND HOLD HARMLESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, INDEMNIFYING MIAMI-DADE COUNTY ("COUNTY") FOR LOSSES AND DAMAGES FROM THE CITY OF MIAMI'S USE OF COUNTY -OWNED SCOOTERS WHILE PERFORMING OFF -DUTY FIRE -RESCUE SERVICES AT THE MARLINS BALLPARK. 12-00848 Summary Form.pdf 12-00848 Legislation.pdf 12-00848 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Note lbr the Record: Item RE.1 was deferred to the October 25, 2012 Commission Meeting. RESOLUTION City of Miami Page 20 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT THE FOLLOWING GRANT ENTITLED: "THE FY 2011 SAFER GRANT", AWARDED BY THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY ("DHS") PREPAREDNESS DIRECTORATE, THROUGH ITS OFFICE OF GRANTS AND TRAINING, IN AN AMOUNT NOT TO EXCEED, $3,646,800, FOR THE 2011 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT PROJECT AND FOR THE HIRING OF 25 NEW FIREFIGHTERS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, FOR ACCEPTANCE OF THE AWARD SUBJECT TO THE TERMS AND CONDITIONS OF THE GRANT APPLICATION. 12-01030 Summary Form.pdf 12-01030 Legislation.pdf 12-01030 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Samoff R-12-0381 Chair Suarez: RE.2. Reginald Duren: Deputy Fire Chief Reggie Duren. RE.2 is a resolution of the City Commission. Commissioner Spence -Jones: So moved. Chair Suarez: It's been moved by Commissioner Spence -Jones. Is there a second? Commissioner Carollo: Second. Chair Suarez: Second by Commissioner Carollo. All in favor, signer it by say -- Commissioner Gort: Wait a minute. Wait a minute. Chair Suarez: Yes, yes, yes. Commissioner Gort: Couple of questions. Chair Suarez: Shoot. Commissioner Gort: In acceptance the SAFER (Staffing fbr Adequate Fire and Emergency Response) grant to hire 25 firefighter, it's not clear the back -- in the backup what is the long-term commitment that we have with these 25 firefighters? Deputy Fire Chief Duren: There's only a two-year commitment that we maintain our staffing levels for that two-year period. At the duration of that two-year period, there's no obligation to keep the firefighters. Commissioner Gort: I understand. You mean you can hire and then you fire them? Deputy Fire Chief Duren: Correct. City of Miami Page 21 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Commissioner Gort Yes, sir. What are we on the budget? 1 mean -- Daniel Alfonso: Commissioners, if may. Daniel Alfonso, Budget director, CityofMiami. What we have done with these SAFER grants money, the general fund revenue -- I'm sorry -- general fund expense that is being saved by putting these firefighters onto the grant was allocated to be moved for capital needs of the Fire Department. Commissioner Gort: Okay. Mr. Alfonso: So that once the grant money dries up -- Chair Suarez: It can go back. Mr. Alfonso: -- then we close the funding going to capital and put it back into the operations in the general fund' so therefore the funds needed to maintain those firefighters going for ward will be there. Commissioner Gort: You will have. That's what I want to make sure. Mr. Alfonso: That is correct. Commissioner Gort: I don't want you to hire, for two years, then fire them. I mean, that's not (UNINTELLIGIBLE). The other question is, Are there any restrictions on the use of this firemans [sic] that are hired under the grant? What --? Yes. Deputy Fire Chief Duren: There are no restrictions. Chair Suarez: Any. Deputy Fire Chief Duren: We hire them just as we do regular firefighters and we keep them for two years to maintain our staffing. And I might also add, we're not increasing our TO (Table of Organization). This is still well within range of our TO (Table of Organization). Commissioner Gort: Okay. Chair Suarez: Thank you. Commissioner Gort: Thank you. Chair Suarez: It's been moved and seconded. I just wanted to say that that's good planning. You see two years from now that you're going to have a gap and you start planning today for two years from now. Mr. Alfonso: Thank you. Commissioner Spence -Jones: I'm just curious. Chair Suarez: Good job. Commissioner Spence -Jones: We do have like, I'm assuming, firefighter trainees already ready to go? Deputy Fire Chief Duren: We're working with HR (Human Resources). It's approximately a six-month process before we're able to start that class, but we have begun now we're working with them to expedite that. City of Miami Page 22 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Commissioner Spence -Jones: But you do have some that's already gone through the class, though, right? Deputy Fire Chief Duren: We have a class of 27 at the training center presently. Commissioner Spence -Jones: Oh, okay. Deputy Fire Chief Duren: And this will he an additional group of 25, which we still hope to start in March of next year. Commissioner Spence -Jones: And how -- I'm just curious. How -- as far as our numbers, are we down in our numbers? I know we hear about Police all the time and how we're down in our numbers. Are we down in our numbers in the Fire Department? Deputy Fire Chief Duren: We are down. We do have the commensurate vacancies, for this hiring. Yes. Commissioner Spence -Jones: Yeah. I'm saying just compared to any other municipality, you know, the number of people we serve, is our number --? I mean, what --? Are we where --? Is -- are we at the -- our quota? Are we at the proper quota now? Deputy Fire Chief Duren: With the hiring -- Commissioner Spence -Jones: Will we he with this? Deputy Fire Chief Duren: -- of this class, we will he, yes. Commissioner Spence -Jones: Okay. But we're low now? Deputy Fire Chief Duren: Yes, we are. Commissioner Spence -Jones: Okay, I (UNINTELLIGIBLE). Commissioner Gort: I have a question. You know -- Miami Dade Community [sicf College have courses for firefighters where this young man go in, and this young woman, they go in; they go through the exercise. My understanding is they even -- some of the trainers are our own people that are training these people. They become certified firefighters. And then we go and hire one that's not certified and -- Deputy Fire Chief Duren: Right. Well, as part of our process, we do give extra points to individuals that have those qualifications. And you're right, that does afford us opportunity to get them out of Fire College a little more quickly, so that is the ideal candidate. Commissioner Gort: 'Cause we can save. That'll he the ideal, that -- especially if they have all other requirements that the firefighters needs. Deputy Fire Chief Duren: Correct. Commissioner Gort: Okay. Thank you. Commissioner Spence -Jones: Thank you. Chair Suarez: Thank you. City of Miami Page 23 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 RE.3 12-01016 Department of Capital Improvements Program RE.4 12-00961 Department of Purchasing Commissioner Gort: (UNINTELLIGIBLE) working. Chair Suarez: It's been moved and seconded. All in favor, signify it by saying ltye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY ("LICENSOR"), FOR ROADWAY IMPROVEMENTS ALONG 1175 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA, FOR THE MIAMI RIVER GREENWAY NW 10TH AVENUE TO NW 12TH AVENUE PROJECT, B-30651; GRANTING THE CITY OF MIAMI ("CITY") ACCESS TO THE LICENSORS PROPERTY FORATERM OF TWO (2) YEARS, COMMENCING ON THE DATE OF THE CITY'S NOTICE TO PROCEED TO A CONTRACTOR. 12-01016 Summary Form.pdf 12-01016 Legislation.pdf 12-01016 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-12-0382 Chair Suarez: RE.3. Mark Spanioli: Good morning, Commissioners. Mark Spanioli, director of Capital Improvements. RE.3 is a resolution authorizing the City Manager to execute a license agreement with Miami -Dade County for the Miami River Greenway project we're doing in District 3. This is specifically with the property located at 1175 Northwest South River Drive. It's a license agreement with Miami -Dade County in order for us to do our harmonization when we do our roadway work including the driveways and the swales and stuff like that. Commissioner Spence -Jones: So moved. Commissioner Carollo: Second. Chair Suarez: Moved and seconded. All in favor, signify it by saying ltye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 287252, THAT THE FIRMS MOST QUALIFIED TO PROVIDE TOWING City of Miami Page 24 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 SERVICES FOR POLICE/FIRE DISPATCHED TOWING AND WRECKER SERVICES FOR PRIVATE VEHICLES, AND TOWING OF CITY -OWNED, LEASED, OR RENTED VEHICLES, FOR THE DEPARTMENTS OF POLICE AND GENERAL SERVICES ADMINISTRATION ARE: NU -WAY TOWING SERVICE, INC.; KING'S WRECKER SERVICE, INC.; DOWNTOWN TOWING COMPANY; FREEWAY TOWING OF MIAMI, INC.; MOLINATOWING, INC.; TED & STAN'S TOWING SERVICE, INC.; BANOS TOWING SERVICES CORP.; MIDTOWN TOWING OF MIAMI, INC.; SOUTHLAND THE TOWING COMPANY, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE A TOWING/WRECKER AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID FIRMS, FOR A PERIOD OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM VARIOUS SOURCES OF FUNDS FROM USER DEPARTMENTS AND AGENCIES, AUTHORIZING SAID SERVICES, AS NEEDED, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED. 12-00961 Summary Form.pdf 12-00961 Award Recommendation Form.pdf 12-00961 Memo - Towing Srvcs. - Citywide.pdf 12-00961 Evaluation Committee Towing Revenue.pdf 12-00961 Detail by Entity Names.pdf 12-00961 Addendum No. 4.pdf 12-00961 Request for Proposals.pdf 12-00961 Sourcing.pdf 12-00961 Legislation.pdf 12-00961 Exhibit 1.pdf 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, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Direction by Chair Suarez to the Administration for the Police Chief to present the City Commission with a plan of action for enforcement of companies towing illegally within the City of Miami and provide a quarterly report to the City Commission of the the number of towing companies that were found illegally towing within the City ofMiami; further directing the Administration to look at ways that the City can generate revenue from its enforcement efforts. Direction by Commissioner Spence -Jones to the Administration to provide the City Commission with a breakdown of the total number of tows performed by the City's contracted towing companies by type; further directing the City Attorney to review the ordinance and determine what adjustments can he made to negotiate a preferred rate for the City. Chair Suarez: RE.4. Kenneth Robertson: Good morning, Commissioners. Kenneth Robertson, Purchasing director. RE.4 is a resolution awarding nine contracts for the provision of towing and wrecker services; authorizing the City Manager to execute a towing/wrecker agreement with said nine firms for a period of three years, with two options to renew, pursuant to RFP (Requests for Proposals) 287252. Chair Suarez: Thank you. Corning hack to the Commission, is there a motion? Commissioner Spence -Jones: Second for discussion. City of Miami Page 25 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Chair Suarez: No, there's no motion. Is there a motion? Commissioner Spence -Jones: 1 definitely have discussion. Commissioner Carollo: Yes. Commissioner Gort: Move it. Chair Suarez: All right, moved by Commissioner Gort, second by Commissioner Spence -Jones for discussion. Commissioner Gort Discussion. Commissioner Spence -Jones: Okay. Ijust have a couple of questions -- Chair Suarez: Sure. Commissioner Spence -Jones: -- from the Administration standpoint. I don't know if that means I'm going to pull it or what, but -- or pull back my recommendation -- I do want the Administration to kind of explain to me. I see that the backup start-up fees are 269. Walk me through it, okay. All right, 269 is the backup fees, correct? Mr. Robertson: Cor -- well, if I may, Commissioner. Commissioner Spence -Jones: Start-up fees. Mr. Robertson: This contract has two categories of services. Commissioner Spence -Jones: Yes. Mr. Robertson: Category A for the towing of private vehicles, and the City receives revenue for those services. Commissioner Spence -Jones: Okay. So then explain to me, if the average annual income is 214, 000, how come the average annual expense is 151,000? Mr. Robertson: For Category B services, those are towing services for the Citv's own vehicles. So we have to pay to have our vehicles towed. Commissioner Spence -Jones: For our towing? Mr. Robertson: So i you look at -- Commissioner Spence -Jones: For our -- Johnny Martinez (City Manager): Yeah, let's say there's a car in an accident broke down, it's a City vehicle, we'd pay the towing company to pick up the car and bring it to the shop. Commissioner Spence -Jones: Wow. So we -- that's a lot of money. Mr. Robertson: The City's subject to the same -- Commissioner Spence -Jones: How many -- City of Miami Page 26 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Mr. Robertson: -- towing rates -- Commissioner Spence -Jones: -- cars we do --? Mr. Robertson: --far private vehicles. Commissioner Spence -Jones: I'm sorry. How many cars do we have broken down? A hundred and fifty -- I mean, if fthe annual income -- just -- maybe I'm just crazy and not seeing the num -- lithe annual income from this -- this is a revenue generator. It should he. Commissioner Gort: Yeah. Commissioner Spence -Jones: If the annual income is $214, 000 but we spend -- using 151,000 and -- I'm just trying to understand what's -- what is going -- Mr. Martinez: Commissioner, 1 asked the same questions. Cars that break down, they're in crashes; all sorts of reasons why we have to pick up our own cars. At the end, what we have is revenue and then the expense we net, $62, 000. But with the way we have this contract set up with the fees that the proposers had to submit, we get another $269,000 in fees. So the estimated gain for the City is $332,000. Commissioner Spence -Jones: Minus the expenses? Mr. Martinez: No. That includes the expenses. Commissioner Spence -Jones: So they -- Mr. Martinez: In other words -- Commissioner Spence -Jones: -- pay us the 269, so we have that. Mr. Martinez: Yeah, 269, plus we net about 62,000. The cars that they tow away in Category A, minus the cars that we pay for in Category B, the net is 62, plus the fee that they're paying adds up to $332,000. Commissioner Spence -Jones: All right. I just -- and maybe it's in my backup. Is it in my backup, the number of cars --? Just so that I have -- I'm just curious. Just 'cause I'm -- $151,000 -- Mr. Martinez: Right. Commissioner Spence -Jones: -- what does that equate to in the number of cars being towed? Commissioner Gort: What do they charge us? Commissioner Spence -Jones: 1 want to know how many cars got towed, for 151. That's nay question. Mr. Robertson: If ,you were look at the Class A towing services, the base rate is $92 per tow. Commissioner Spence -Jones: How many cars got --? Can you --? Mr. Robertson: If -- Commissioner Spence -Jones: How many got -- under this 151, how many cars got towed away? City of Miami Page 27 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Mr. Robertson: You'd have to divide that number by 151,000. I can't do that in my head. Commissioner Spence -Jones: Okay, I'm not going to divide it. Commissioner Gort: Nobody has a calculator there? Commissioner Spence -Jones: I just need -- can somebody -- Administration tell me how much money -- for $151,000, how many cars we towed? Commissioner Gort: Divide it by 92. Commissioner Spence -Jones: Yeah, but -- I mean, if put -- if we have a figure of 151, 000, you should be able to tell me -- there should be some backup to say there were a thousand cars towed. Mr. Martinez: One thousand six hundred and forty-one. Now, remember; there's a lot of vehicles involved in crime scenes that the police call and ask to be towed, so those are included also. Commissioner Spence -Jones: A thousand cars towed. Mr. Martinez: One thousand six hundred and forty. Commissioner Gort Do we pay --? Commissioner Spence -Jones: And it over -- is this a year -- this is a -- Mr. Martinez: Per year, yeah. Commissioner Spence -Jones: I would definitely like to see the breakdown of that. I mean, I don't have to have it now, but I would honestly want to see a thousand cars being towed. That's a lot of cars. Unidentified Speaker: Crime scenes, break downs. Commissioner Spence -Jones: I understand, but a thousand is a lot. Commissioner Gort: My question is -- Commissioner Spence -Jones: A thousand is a lot. Commissioner Gort: -- the crime thing -- cars that we don't own, do we have to pay for it? Don't we get reimbursed for that from the owner -- Commissioner Spence -Jones: Or the insurance company? Commissioner Gort: -- or the insurance company or someone? I think that's the breakdown that she's asking for. Out of the thousand cars, how many belong to -- that are owned by the City of Miami, how many are owned by someone else and we get the money from them? We can collect that -- Commissioner Spence -Jones: Yeah, that's a great -- I -- you went deeper than I did 'cause I can understand maybe perhaps us towing ours. But what's even deeper than that to me is, you know, how many -- are we towing away the person that --? City of Miami Page 28 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Commissioner Gort: Whenever there's a car break or the crime scene, they have to take the car, they have to take it in and all that. That's -- Commissioner Spence -Jones: Yeah, but does it get billed back to the individual? Commissioner Gort: That's a question right now. The -- who pays for that? The City will probably upfront [sic] it, but somehow we have to get paid for that by the insurance company or the owner. That's the breakdown that they want, all right. I have other questions too. Commissioner Spence -Jones: That's -- Commissioner Gort: I'm sorry. You through? Commissioner Spence -Jones: It's just great having a great staff, hut this is a even better question. So is there any reason why we have the same rate? If we have a contract with them, right, which means we're putting money in their coffers, we don't get a discounted rate? Mr. Martinez: The rates are per ordinance. Commissioner Spence -Jones: Okay. Then I'm going to say to Mr. Chairman, we need to he looking -- 'cause if we're investing in something, it seems like, as a client, our rate should be a little lower, right? Commissioner Gort Agree. Yes. Commissioner Spence -Jones: So, Mr. Chairman, can you look at -- Chair Suarez: Yeah. Commissioner Spence -Jones: -- an ordinance --? Chair Suarez: I mean, I think we can direct the Administration to -- Commissioner Gort: (UNINTELLIGIBLE). Chair Suarez: -- discuss that item, and let's bring it up at the next Commission meeting. Commissioner Gort: Wait a minute. Excuse me. Mr. Martinez: I have a problem with deferring the item. Commissioner Spence -Jones: Mr. City Manager, here's another way for you to create more revenue. Mr. Martinez: Yeah. Commissioner Gort: Let me -- Mr. Martinez: (UNINTELLIGIBLE) -- Commissioner Gort: -- give you a suggestion. Mr. Martinez: -- (UNINTELLIGIBLE) preferred rate for ourselves. City of Miami Page 29 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Commissioner Gort That's the ordinance -- Chair Suarez: Reduce expenses. Commissioner Gort:: -- that we establish far towing cars, but at the same time we need to find out if we can have a separate agreement for our cars. Commissioner Spence -Jones: Yeah. Chair Suarez: And by the way -- Commissioner Gort: Okay. Commissioner Spence -Jones: Exactly. Chair Suarez: -- there are other ways -- because I've spoken to the towing industry fbr the three years that I've been elected, and you know, there are other ways that we can do things to generate revenue for both the City and for them. Commissioner Spence -Jones: Yes. Chair Suarez: One is we need to police rogue towers. You know, we have a lot of rogue towers that come in and tow outside of the zone and we need to police that, you know. Commissioner Gort Yeah. Chair Suarez: Mr. Chief, we need to police rogue towers. Chief Orosa: Excuse me? Chair Suarez: We need to police rogue towers. Rogue. Commissioner Spence -Jones: Rogue. Chief Orosa: We -- Chair Suarez: People that tow outside of their zone or that tow from outside of the City. Chief Orosa: From time to time, we -- through motors, we do operations and we do arrest rogue towers that -- Chair Suarez: Okay. Chief Orosa: -- are not within the City boundaries to be allowed to tow. Chair Suarez: Okay. So could you present us with a plan for this upcoming year as to what your efforts are going to be in terms of policing rogue towers? Chief Orosa: Sure. Chair Suarez: Thank you. Chief Orosa: And to answer one of the questions Commissioner Spence -Jones had, out of those thousand cars, the majority of the cars that we tow are either involved in crimes, abandoned vehicles where we really cannot get any money back. City of Miami Page 30 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Commissioner Gort: But you can sell the vehicle. Chief Orosa: Yeah, but that -- Commissioner Gort: I see people buying for $500. Commissioner Spence -Jones: Yeah. Commissioner Gort: I mean, they -- all over -- Commissioner Spence -Jones: Parks. Commissioner Gort: -- we got signs all over the city. Chair Suarez: But I don't even think that's the issue she's saying. What she's saying is we get a discounted rate on the tow. Chief Orosa: The problem with that -- Commissioner Spence -Jones: No. That's -- definitely that too. Chair Suarez: Right. Chief Orosa: -- Commissioner is that when we tow an abandoned car and nobody claims it, the tow company requests from the State ownership, so it belongs to them then at that point and then they sell it. Commissioner Gort: Oh, okay. Well -- Commissioner Spence -Jones: But that's worse. Commissioner Gort: -- we need to sit down and talk a little more then. Commissioner Spence -Jones: That's worse. That means they're making money, off of the cars that we tow to them. Chair Suarez: That we pay -- Commissioner Spence -Jones: Parts -- Chair Suarez: -- to be. Commissioner Spence -Jones: -- supply -- I mean -- but that's a whole nother story. And this is -- Commissioner Gort: That's further discussion. Commissioner Spence -Jones: -- it's no reflection on the towers. I'm not trying to make that about that. Ijust want to make sure that there's some accountability and we understand what's going on. And, again, we were not -- I can say this from a Commiss -- at least from my standpoint, we were not drilling down on these issues in the past. But we're drilling down on these issues now because we're now starting to question these things thoroughly now. So, you know, that's just my issue. But I would like, Mr. Manager, to see a report of the thousand cars that were towed -- City of Miami Page 31 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Mr. Martinez: Right. Commissioner Spence -Jones: -- that we paid far, and I would like for us to also work on, Madam City Attorney -- not madam -- Mr. Martinez: A deferred -- Commissioner Spence -Jones: -- Mr. City Attorney -- Mr. Martinez: -- client rate. Commissioner Spence -Jones: -- to work on the ordinance. We want to work on the ordinance to see what adjustments we can make to that as well. Commissioner Gort: Whatever ordinance you put together, I think part of the solution should he that the car they own by the wrecker and they sell it, we should not be charged for it. if they can make some revenue out of it, we shouldn't be charged far that towing, okay? Chair Suarez: So here's what I got. We have a -- I think we had -- do we have a motion and a second on this item? Commissioner Spence -Jones: Yes. Chair Suarez: We do, right? We have a motion and a second on this item, and I think we have several directions to the Administration. One is to come back and present this Commission with an option which will give us, the City of Miami, you know, a preferred rate; and from my perspective, working with the Police Chief, to come up with a plan with how we're going to police rogue towers. Because I think a lot of the problem. with the towing companies, they come to us and they say, Look people are stealing our business, you know, and that's unfair too. And so we have to do our part -- Commissioner Spence -Jones: Yeah. Chair Suarez: -- in making sure that these license agreements make sense. If -- far that, we might as well just not have license agreements. If everyone could do whatever they want, we might as well not -- you know. So I think for us to have the integrity of our program in place, we need to have enforcement of the program. So hopefully we'll have some details on that. Commissioner Gort: I have another question. You all are going to get a chance to speak, don't worry. You're going to get all the time in the world. Unidentified Speaker: Thank you, sir. Commissioner Gort: What happens to the private property that they have tow away? Does that have to he under City contract also or not? In other words, you got all this -- Chief Orosa: Private property, we don't -- Commissioner Gort: -- private places -- Chief Orosa: Yeah. Private property, we don't get involved. Usually, by state law you -- all you need is to put a sign up on the property and have a contract with -- Commissioner Gort: Correct. City of Miami Page 32 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Chief Orosa: -- whoever you choose. Commissioner Gort: But if they -- whoever they choose, they should have a license with the City of Miami. Chief Orosa: I would hope. Commissioner Gort: Am I correct? Chief Orosa: 1 would suppose so. Commissioner Gort: I think we should check on that. Chief Orosa: To do business in the City. Commissioner Gort: Doing business in the City. Yes, sir. George Wysong: Yes. We -- by ordinance -- George TYysong, assistant City Attorney -- we set a rate for the private tows, which are you park at a restaurant and you shouldn't park there, as one rate that's established, but we also have an ordinance that relates to police tows when the City of Miami responds to either a stolen vehicle, a broken down car, a crash scene, that sort of thing. So there's two separate rates. Commissioner Gort: Okay. Thank you. Chair Suarez: I have a question. Is there something -- and there niay he. I don't know the answer to this question -- Chief, that identifies our trucks -- the towing trucks as, you know, City of Miami vendor, a zone 1 or something, that's like a sticker or something that's on the truck that will actually make it easy far a police officer to say, That's one of our guys; he's in the right zone. Do we -- Chief Orosa: Well -- Chair Suarez: -- have something like that? Is that part of the scheme? Chief Orosa: Commissioner, it's knowledge that a particular company has a particular area. Chair Suarez: Right. Chief Orosa: And the officer that works that area, they know exactly when they call, who's supposed to show up. And the dispatcher says, okay, for example, Ted and Stan's is in route or Molina's in route. Chair Suarez: Right. Chief Orosa: They know that is the particular -- Chair Suarez: Company. Chief Orosa: -- towing company that has a contract with the City. If something -- somebody else shows up, there should he a red flag and the officer should he calling in and say, Wait a minute. Chair Suarez: I got you. City of Miami Page 33 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Chief Orosa: I got XYZ that showed up. What's this all about? And that -- more than likely, all the officers out there, they're aware of what towing company has a contract -- Chair Suarez: Right. Chief Orosa: -- for the area they work. Chair Suarez: Okay. So what I would like to see in terms of the direction is a plan for how we're going to police it, and then for you to come hack to us, let's say, an a quarterly basis and say, This quarter we caught live people that were illegally towing in a zone. And 1 think, you know, if you in your process determine that there's a problem with identification in terms of the trucks -- because even though you basically said that the police officers know what truck belongs in what zone -- and maybe what we can do is -- 'cause I don't think it's expensive to have like just a sticker that says, you know -- something that says something about, you know, we're a City vendor or something and then zone whatever, and that makes it easier for the officers, you know, to, you know, figure out who's where and, you know -- Because what may happen too is the boundaries are kind of hard too. I don't know if the officers have the boundaries memorized or what. Chief Orosa: Well, we can do that. Chair Suarez: Okay. Chief Orosa: The only misconception here is that, remember, if it's a private tow -- Chair Suarez: Right. Chief Orosa: -- like George said, or a restaurant that somebody parked illegally and they call the wrecker company they have a contract with, all we can expect is for that wrecker company to have a valid license to operate in the -- Chair Suarez: Right. Chief Orosa: -- City of Miami, not a contract with the City of Miami. Chair Suarez: Right. Chief Orosa: So, for example, let's say that XYZ has a contract to work in your district but Pepe Towing -- Chair Suarez: ABC. Chief Orosa: -- is called by the restaurant in your district to tow the car, that's perfectly legal, as long as Pepe has the documents to operate in the City. So ifXYZ comes and complains to you saying, Well, they're taking business away from me, that is business that they were not entitled to to begin with. Chair Suarez: Got you. I got you. So the only thing the zones is for 911 calls? Chief Orosa: Yes, for -- Chair Suarez: Got you. Chief Orosa: -- calls initiated by the police department -- City of Miami Page 34 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Chair Suarez: I got it. Chief Ornsa: or the fire department -- Chair Suarez: I got you. Chief Orosa: -- or somebody that works for the City. Commissioner Gort: The special events and that type of thing. Chair Suarez: Okay. Chief Orosa: Yes, somebody that works -- Commissioner Gort: Special events is used quite a hit. Chief Orosa: Yes. Commissioner Gort Okay. Chair Suarez: All right. Does anyone -- I think -- sir, would you like to say a few words? Tim Del Rosal: Yes, I do. I'm Tim with Downtown Towing. And Commissioners, morning. The contract -- Chair Suarez: Would you give your address, please, for the record. Mr. Del Rosal: 4418 -- Chair Suarez: Yes. Mr. Del Rosal: -- North Miami Avenue. Chair Suarez: Thank you. Mr. Del Rosal: -- Miami, Florida. The new towing contract -- we bidded on the towing contract that the City put out, then the City came back and pulled that one back and gave us another one that you had to hid money, and never had a meeting, never had industry input, and they changed the whole system -- situation around. Didn't know how much money we're making or we're losing money and now we have to pay for the contract, and it put a lot of us in doubt. You had to give 25,000 or more, and a lot of people paid more, but they got the same thing. We still don't know what's going on with this contract. So before -- Chair Suarez: Sir, you're not alone, don't worry about it. Mr. Del Rosal: We're very confused. So -- Chair Suarez: You're not alone on that one either. Mr. Del Rosal: -- Ms. Jones -- Commissioner Jones [sic] and Mr. Willy Gort was back in the days where you guys came to us. She said, Look, the City didn't have no money; we give free towing. We towed all the City vehicles for free. But nobody asked us to do anything. They just put this contract. They give us so many days to put it together, and I'm still confused on what I'm doing, and we're not making money like we used to. We're just every day paying bills to fuel and everything like that. So we'd like to get with your departments, sit us all down and Jar -- they City of Miami Page 35 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 know our problems and your problems and work something out. Chair Suarez: You mean plan? Mr. Del Rosal:: Pardon me? Chair Suarez: You mean plan together? Mr. Del Rosal: Yeah, try to work together. Chair Suarez: Wow. Mr. Del Rosal: Because we (UNINTELLIGIBLE) together. Chair Suarez: Wow. That's a novel concept. Commissioner Spence -Jones: Now -- Mr. Del Rosal: We represent the City -- Commissioner Spence -Jones: -- okay. Mr. Del Rosal:: -- and you don't want us have to -- you know, the City's growing every day and we're good people, and we want to become good people. We don't want to be thieves or nothing like that and do it. We want to be paid and get good people to get paid, not go out there and don't have no money and not do good work. Chair Suarez: Thank you, sir. Mr. Del Rosal: So would you please see if you can get -- Commissioner Gort: Mr. Chairman. Mr. Del Rosal: -- the industry -- Chair Suarez: We'll do the best we can. Mr. Del Rosal: -- everybody together. Chair Suarez: We'll do the best we can. Thank you, sir. Mr. Del Rosal: Thank you, sir. Commissioner Spence -Jones: Okay. Chair Suarez: First, Commissioner Gort and then Commissioner Spence -Jones. Commissioner Gort: That's of the questions I had because you have someone that pay 40,000, another one 32, then other ones pay 25, and it seems like the one that pay 40 did not get any additional benefit for the additional funds that they pay. So according to the way that it was distributed, the routes, that doesn't look like it's fair. And that's -- I think that's a question a lot of people will have. Commissioner Spence -Jones: And -- City of Miami Page 36 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Mr. Robertson: Commissioner, I can address that. Kenneth Robertson, Purchasing director. The contract had a clause to require an annual revenue proposal to the City, in an amount not less than $25,000, to propose higher than that amount, secured a benefit fOr the towing company in terms of priority selection, for the zone assignment that they wanted. Historically, there's been a problem of how to assign the zones. There are ten slots and five zones, two per zone. And the way this contract worked was that the highest proposal first would have preference to select their zone assignment. Now we had ten zone assignments and nine proposers, so therefore the proposer that submitted the highest revenue proposal received two assignments. After the first nine were made, then the number -one proposer received a second assignment. Chair Suarez: Can I just stop you there, Mr. Robertson. Commissioner -- I mean, how long have we had these zones in place for in the City of Miami? Mr. Robertson: Historically, they've been in effect -- under the prior contract, I don't know when it was initiated. Chair Suarez: A decade, two decades, at least? Mr. Robertson: I would defer to Police. Chair Suarez: And we've always had a full amount of vendors, ten vendors? Mr. Robertson: The prior contract had ten vendors. Chair Suarez: Right. Mr. Robertson: Yes. Chair Suarez: So doesn't -- there may be an indication that something's wrong when we don't even get a full ten vendors? Mr. Robertson: In the -- Chair Suarez: Isn't that some sort of an indication that maybe something is off? Mr. Robertson: No. In the prior contract one company purchased another company, so then the ten became nine. Chair Suarez: No, I understand, hut then you would see -- another company would come in and say, Well, there's an opportunity to serve the City of Miami. This is a big city. This is the largest city in Miami -Dade County so we'd like to have an opportunity to come service the City of Miami, so now you can have ten again. So there's -- it's not like there's a waiting list of people, you know, 12, 15, 20, 30 that are just fighting to come do towing services in the City of Miami, and think that's what I'm trying to get at. Thank you. Commissioner Spence -Jones: Okay. Can 1-- 1 just want to ask you a question. I'm assuming that, you know, this RFP process, you've looked at other cities or counties and what they're doing in their -- Mr. Robertson: Yes. Commissioner Spence -Jones: -- you know, with their RFP. So you made these adjustments based upon what the industry or what other municipalities are doing? Mr. Robertson: We've looked at -- City of Miami Page 37 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Commissioner Spence -Jones: Because one of the complaints that he has is that the process was kind of like pulled out of the sky and they really didn't have -- it was an unusual process, not the normal process. Is -- did you look at another municipality to use that to shape how you would put this RFP out? Mr. Robertson: Other municipalities award a restrictive franchise agreement to one or two towing companies. The City's very large; doing so would not be in our best interest. The -- historically, the five zones have been split equally among the tow companies. To put out a procurement where you're going to select only one or two companies when there are City of Miami towing companies that are capable of doing these services -- Commissioner Spence -Jones: Yeah. Mr. Robertson: -- is a disjustice [sic] to the industry. Commissioner Spence -Jones: Right. I guess my question -- so I'm clear -- did you look at other RFPs from other municipalities -- Mr. Robertson: Yes. Commissioner Spence -Jones: -- and that's the reason why you made the adjustment? Because part of the complaint that I'm hearing is that there was this upfront fee amount that really didn't take account -- in account with all the other issues that go along with it, with gas -- you know, increase in gas, all these other things that go along with what they have to do every single day. So I'm assuming you saying you did this based upon what other cities are doing? Mr. Robertson: Correct. We looked at several RFPs from other municipalities. We pulled revenue and expenditure reports historically for the City, and we spent quite a hit of time drafting and preparing this contract. Mr. Martinez: And I think that other cities even had a $50, 000 -- Commissioner Spence -Jones: Is that true? Mr. Martinez: -- franchise fee. Mr. Robertson: Yes. Commissioner Spence -Jones: Okay. Commissioner Gort: Let me ask you a question. You have a company here that pay $40, 000. They're selected two and one. But at the same time, you have two additional company that also selected one and two. In other words, this person paid $40,000 and the other ones paid less, 25 and 30. What is it benefit for the person that pay the 40,000? Because what happens is -- Mr. Robertson: The benefit was -- Commissioner Gort: -- if the special event -- and you know, in the special events you do a lot of towing. If it's not to turn other person that pay $40,000 at that time, then the other person that pay 25,000 gets the benefit of the towing on that day. So I don't know how you're going to assign this to really -- the person went beyond his commitment and offer it more to the City is not going to he able to provide the same services. And this is just questions that come up, because J in looking at it myself. City of Miami Page 38 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Mr. Robertson: The proposer who offered $40, 000 did that of their own free will. They proposed to pay $40, 000. The minimum that they were required to propose was only 25,000. We did not make any burden on them to propose higher than 25,000. The amount difference over 25,000 is the value that they associated with selecting their zone assignment first. Commissioner Spence -Jones: I'm clear. Commissioner Gort: Okay. Chair Suarez: Thank you. There's a motion and a second. Any further discussion? Commissioner Gort: I think they wanted -- Mr. Del Rosa: 'just want to -- Chair Suarez: Yeah. Go ahead. Mr. Del Rosal: One more real quick. Chair Suarez: Real quick, please, so we can move -- Mr. Del Rosal: One more, sir. Another thing about this contract, we've been towing for the same rates, as things have been getting lower and price offuel and everything, there's no fuel surcharge in this contract. And when they tell us about the prices, they say, Oh, you had to go to another -- we're going to have to get another meeting, get another thing here to put in the contract the new rates where we'd he fair. So now we're paying -- I thank we've -- we're paying $30, 000 -- towing the same rates hut had to pay 30,000 with the same rates and everything is going up. First, 1 thought that the contract first came out -- when it came out with the first one, it came out with a rate increase. Then they took the rate increase back. So there's, like I say, a lot of working -- we need to sit down and work -- and we don't mind paying, but we had to get the money somewhere. Chair Suarez: Thank you. Mr. Del Rosal:: And we need to have the rates all included, and when we come up to you, it should he set where you guys are making your money and we should he making our money. Chair Suarez: Got you. Mr. Del Rosal: Thank you very much. Chair Suarez: Thank you. Commissioner Gort: My understanding, to answer that question, the -- a request for a rate increase was brought here about two years ago. Chair Suarez: Yeah. Commissioner Gort: But unfortunate, it was too much at that time. I think we need to look at that and we'll he looking at that, and that's got to come to an ordinance and we have to approve it. Chair Suarez: Thank you. Commissioner Gort Okay. City of Miami Page 39 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Mr. Del Rosal: Yes, sir. But now you guys are getting 30, $40,000 and where we coming up with it. Chair Suarez: We got you. Mr. Del Rosal: Thank you. Chair Suarez: Commissioner. Commissioner Carollo: With all these issues that we're discussing, I just wanted to know how feasible it is or practical to actually pass this in this reading? Should this actually he deferred to the next meeting or whenever to have all this, you know, aired out or -- and I'm just throwing it out there, you know, at the -- you know, at what my colleagues or the will of this Commission is. But you know, I'm just seeing that there's a lot o_f issues, and by the way, legit, that, you know, I think that maybe it should be aired out. Maybe we should have some type of workshop, you know, before we actually just go and approve this. I just -- I'm feeling a little uncomfortable with just, you know, approving this without, you know -- when -- See, what I'm seeing is the purpose for, you know, public hearings and for the people to come up is jar them to speak and, you know, discuss if they have any issues and so forth. It clearly appears that they have issues. It clearly appears that we have issues. And I think the hest result will be far everyone to get together and maybe -- you know, we can't, unless we do some type of sunshine meeting, or at least the Administration -- Chair Suarez: Right. Commissioner Carollo: -- and then our concerns, you know, work it out, you know, negotiate, discuss, and come back to this Commission. That's what I think is the most feasible thing to do, the most -- Commissioner Spence -Jones: In the meantime -- Commissioner Carollo: -- prudent thing to do. Commissioner Spence -Jones: -- I -- Commissioner Carollo: So -- Commissioner Spence -Jones: -- I'm sorry. Mr. Chairman. Chair Suarez: Yes. Commissioner Spence -Jones: In doing that, though, I'm just curious, Johnny, are we already at the end of this contract? Are we able to continue the towing? Are they going to he able to tow without --? Commissioner Gort: Yeah. Mr. Robertson: Yes. The current contract has extension provisions by mutual agreement. This current contract, if the Commission approves ordinance changes in the future, would immediately become effective under this contract. This contract does not have the authority to establish towing rates for the City. This is a qualification contract to allow the towing companies to operate in the City. If this Commission at the very next meeting approves an increase of the towing rate under Chapter 20 -- 42, then those rates are immediately adopted under the provisions of this contract, so they're not really related issues. City of Miami Page 40 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Commissioner Spence -Jones: So is it your recommendation that we continue with this? Mr. Robertson: 1 would recommend approval of this item and workshops to look at the ordinance rates for towing in the near, future. Commissioner Carollo: And by the way, it's not just rate increases. There were a lot of other issues that were mentioned -- Chair Suarez: Yeah. 1 was going to say that. Commissioner Carollo: -- you know. Chair Suarez: That's correct. Commissioner Carollo: Right. So it's not just -- Chair Suarez: I think one of them was what we pay. Commissioner Carollo: Right. It's not just one issue. There was a lot of things that were mentioned. So I don't want now to, you know, be totally oblivious or pretend that there weren't earlier issues. Mr. Martinez: I would recommend it come back with a comprehensive answer to all the issues that have been raised -- Commissioner Spence -Jones: Okay. Mr. Martinez: -- how many cars -- Commissioner Spence -Jones: I withdraw my motion. Mr. Martinez: -- the way the ordinance changed and all that. Chair Suarez: Okay. Is there -- do -- Mr. Martinez: I would recommend coming back. Chair Suarez: Does the second withdraw? Commissioner Gort: I do too. Chair Suarez: Okay. Commissioner Carollo: Motion to defer. Chair Suarez: Motion to defer. Is there a second? Commissioner Gort Second. Chair Suarez: Second. Commissioner Carollo: Hold on. To what meeting? How much time do we need? Is two weeks enough? Or should we do it for the November meeting? City of Miami Page 41 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Mr. Robertson: It's going to have to be in the November meeting because the next agenda in October is going to print very soon. Chair Suarez: Okay. Commissioner Carollo: Not a problem. Then my motion is to defer this until the November meeting. Commissioner Spence -Jones: Second. Chair Suarez: Motion and a second. Commissioner. Commissioner Gort: My question is, do they understood [sic] that the additional funds was not required; that they gave the additional funds to -- for them to he able to select their routes? Mr. Robertson: The $25,000 was required on an annual basis. Commissioner Gort: Twenty-five was required. Mr. Martinez: That's in total. Mr. Robertson: Anything above that -- Inflict, all nine of the proposers offered more than $25, 000 of their own , free will. That was not anything that we imposed upon the City above 25,000. Commissioner Spence -Jones: And I'm just -- Commissioner Gort: Okay. Commissioner Spence -Jones: -- curious. Do they have to also show you -- because if they have a zone, for instance, right, we know what they pick up from our perspective, like if there's an accident or a broken car from the City, but anything in those overall areas that cars in the wrong place or if anybody calls for something to he totaled [sic], they see that a car's in the wrong place, they're still collecting that revenue, right, outside of that, right? Mr. Robertson: Again, I would defer to the police department. Mr. Wysong: Actually the -- as Chief Orosa said, there's two separate things: there's the police tows when somebody requests assistance from the City of Miami. Commissioner Spence -Jones: Right. Mr. Wysong: And then there's the other tows, the nonconsensual tows is what we call them. Anybody is free to pick up a car in any zone based on the nonconsensual tow. There's a separate tow rate for that. It governed by the Florida statutes. They have to provide notice to the establishment that if you park there, XYZ Towing will pick up the vehicle. So this only relates to police -involved tows and not to the other type of tows -- the Triple A tows or something like that. Commissioner Spence -Jones: Oh, okay. Chair Suarez: Quick question. If we catch a rogue tower towing, is there some sort of a fine involved that the City can generate revenue from. in terms of catching people who are rogue towers? Chief Orosa: No. I think it's an arrestable offense. City of Miami Page 42 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Chair Suarez: It's an arrestable offense. Can we fine them as well? Chief Orosa: That's up to the court. Chair Suarez: Right. There's no fine for operating illegally, in the City of Miami? Chief Orosa: No. Chair Suarez: Could that be done? Mr. Wysong: Well, if -- the issue is -- let's say it's a XYZ tow company that has gotten its BTR (Business Tax Receipt) from the County and BTR from the City but they're doing pirate towing. Chair Suarez: Right. Mr. Wysong: The issue there would he that'd be a violation of Florida law. They would be in compliance with every other regulation. They're just doing pirate towing. Chair Suarez: And would we be able to fine them for that? Mr. YVysong: No. There's nothing in our code that would fine them, for pirate towing. Mr. Martinez: They -- Chair Suarez: No, wait. There's nothing -- Chief Orosa: They would get arrested, go to court, and the Court will impose the fine. Chair Suarez: I got you. Mr. Wysong: And you might have a preemption issue there too because the Court -- Chair Suarez: There's a preemption issue, so -- Mr. Wysong: -- establishes -- Chair Suarez: -- we can't -- you're saying we couldn't establish aline because it would he preemptive by state law. Mr. Wysong: They're already being punished pursuant to state law. Chair Suarez: Okay. Commissioner Carnllo: And is there a way of confiscating the vehicle where they would have to pay a, fine, for us to give it back or so forth? Chief Orosa: The only way is through VIP (Vehicle Impoundment Program), and VIP does not cover confiscating tow trucks because of illegal tow. Chair Suarez: But can it? Mr. Wysong: I don't believe the statute provides for forfeiture either. Chief Orosa: No. City of Miami Page 43 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Chair Suarez: Why don't we do this, in conjunction -- Commissioner Carollo: Right. Chair Suarez: -- with all the other things that we are looking at, can you look at a way for the City to generate money through its enforcement of the rogue towers? Because I think that would be something that could have an impact on, first, our bottom line on the positive side but then also on the industry which has been victimized by this on a continual basis. Chief Orosa: Well look into it -- Chair Suarez: Thank you, Chief. Chief Ornsa: -- and we'll give you an answer. Chair Suarez: Appreciate it. Thank you. Commissioner Carollo: And, Chief, if I may also. Maybe reach out to the County. I know I've -- it wasn't necessarily tow trucks, but I know I did a few forfeitures back when I was a police officer and it actually generated monies with the County. So maybe reach out to them. See how they do it so we could -- Chief Orosa: We do have forfeitures under the VIP program, but it's a specific certain crimes where we can -- Commissioner Carollo: Got you. Chief Orosa: -- pull the car in and hold it far forfeiture. Chair Suarez: Thank you. Okay. It's been moved and seconded. All in favor, signify it by saying -- actually, you know what. Commissioner Gort: Aye. Chair Suarez: No. The motion and the second was withdrawn, if I'm not mistaken. There was a motion -- okay. Commissioner Carollo: And we made -- Commissioner Gori: There was a motion. Chair Suarez: Been moved and seconded to defer. All in favor, signify by saying aye." The Commission (Collectively): Aye. Chair Suarez: To the November meeting November 15. Thank you. Thank you all for coming. Mr. Del Rosal: Thank you, sir. Chair Suarez: Thank you. RE.5 RESOLUTION 12-01014 City of Miami Page 44 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), ACCEPTING THE BID RECEIVED JULY 20, 2012, Program PURSUANT TO INVITATION TO BID ("ITB") NO. 11-12-036, FROM KEARNS CONSTRUCTION COMPANY, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE KENNEDY PARK FLOATING DOCK PROJECT, B-30541 B, IN THE AMOUNT OF $141,459 FOR THE SCOPE OF WORK, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $14,145.90, FOR A TOTAL AMOUNT NOT TO EXCEED AWARD VALUE OF $155,604.90; ALLOCATING FUNDS IN THE AMOUNT OF $155,604.90, FROM CAPITAL IMPROVEMENT PROJECT NO. B-30541B; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. 12-01014 Summary Form.pdf 12-01014 Legislation.pdf 12-01014 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Samoff R-12-0394 Chair Suarez: RE.5. Mark Spanioli: Good morning, Commissioners. Mark Spanioli, director of Capital Improvements. RE.5 is a resolution authorizing the City Manager to execute a contract with Kearns Construction Company for the Kennedy Park Floating Dock, in an amount not to exceed $155,604. This project is located in District 2. Kearns Construction Company was the lowest responsive and responsible bidder deemed by the CIP (Capital Improvements Program). And the funds for this project are coming from a FIND (Florida Inland Navigation District) grant and from the Burn Notice rent collection. Chair Suarez: Is there a motion? Commissioner Gort: Move it. Mr. Spanioli: Any questions? Chair Suarez: Moved by -- Commissioner Spence -Jones: Discussion. Chair Suarez: -- Commissioner Gort. Is there a second before --? Commissioner Spence -Jones: Second for discussion. Chair Suarez: Second for discussion. Okay. Commissioner Spence -Jones: I know that one of the questions, you know, I'm always -- we're always asking is just making sure that two point -- I think it's $2.6 million, which is for this overall agreement. T know that -- it says two -- Mr. Spanioli: This is -- City of Miami Page 45 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Commissioner Spence -Jones: Oh, 2.6 is coming from Omni CRA (Community Redevelopment Agency) on this, right? Mr. Spanioli: This is RE.5. Commissioner Spence -Jones: Mr. Spanioli: This is for the -- Commissioner Spence -Jones: Oh, I'm sorry. Mr. Spanioli: -- floating dock. Commissioner Spence -Jones: All right. You're right. I'm ahead of -you. Mr. Spanioli: No problem. Chair Suarez: RE.6. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Spence -Jones: No questions. Commissioner Carollo: Further discussion. Chair Suarez: Yes. Commissioner Carollo: The only thing is, from our CIP director, he stated that this is in District 2, RE.5? Mr. Spanioli: Yes. Commissioner Carollo: Kennedy Park. And the District 2 Commissioner is not here, so I feel a little uncomfortable voting if he's not here. 1 mean -- Commissioner Spence -Jones: You always take it to the next level, don't you? Commissioner Carollo: -- shouldn't we -- Commissioner Spence -Jones: You always take it to the next level. Commissioner Carollo: -- yield until he comes hack to make sure, you know -- Commissioner Spence -Jones: Ifyou'd like to defer -- Commissioner Carollo: -- that he provide us more information and so forth on this matter? Commissioner Spence -Jones: I move to defer the item until the -- Commissioner Gort: No, no. Come on, come on. Commissioner Spence -Jones: -- district Commissioner is here. City of Miami Page 46 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Chair Suarez: Motion -- Commissioner Carollo: Second. Chair Suarez: -- and a second -- Commissioner Gort: No, no. Chair Suarez: -- to defer the item. Commissioner Gort: Wait a minute. Chair Suarez: Was there a motion before? Was there a motion --? Commissioner Gort: There was a motion before for approve. Commissioner Carollo: Yes, it was. Chair Suarez: Okay. Who was the mover and the seconder of the prior motion? Commissioner Spence -Jones: 1 was the second with a -- Dwight Danie (City Clerk): Commissioner Gort moved and Michelle -- Chair Suarez: Okay. Commissioner Gort: Discussion. Commissioner Spence -Jones: Discussion. Chair Suarez: Yes, Commissioner. Commissioner Gort: Under discussion. My understanding, we discussed this issue about six month ago. The Commissioner was here at that time. The Commission -- matter fact, that -- a year and a half ago, the Commissioner was here when it was discussed. It was discussed in details, and that's the reason why I made the motion. Although he's not here, I know he's in favor of it. I'm sure the staff is here and they can speak on their behalf: And we discussed this about a year and a half ago, guys. Come an. Commissioner Spence -Jones: So I re -- I withdraw my deferral. Chair Suarez: Okav, wait. Commissioner Gort: No. There's a motion on the floor. Chair Suarez: There was a motion and a second on the floor. Commissioner Spence -Jones: Right. Chair Suarez: On the tahle, I guess, is a better word of saying it. Commissioner Spence -Jones: But then I withdrew my second -- Chair Suarez: Okay. City of Miami Page 47 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Commissioner Spence -Jones: -- because -- Chair Suarez: Right. Commissioner Spence -Jones: -- Commissioner Carollo stated that the district Commissioner is not here. Chair Suarez: Got you. Commissioner Spence -Jones: So then I'm withdrawing my deferral. Chair Suarez: Got you. Okay. Commissioner Spence -Jones: And I am seconding Commissioner Gort's -- Mr. Danie: Correct. Chair Suarez: Okay. Commissioner Spence -Jones: 'Cause I'm confused right now. Chair Suarez: So there's a motion -- Mr. Dante: Original -- the original. Chair Suarez: -- by Commissioner Gort and a second by Commissioner Spence -Jones. Mr. Dante: Correct. Commissioner Spence -Jones: Based upon the information that he's put on the record. Chair Suarez: Thank you. And I see Mr. Nelson, the chief of staff, kind of nodding in agreement for the record so. Commissioner Spence -Jones: Okay. Chair Suarez: So all in favor, signify it by saying aye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. Commissioner Carollo: Does Mr. Nelson have anything to say with regards to -- Commissioner Spence -Jones: Don't let me come over there. Commissioner Carollo: -- the tunnel? Commissioner Spence -Jones: Don't let me come over there. Chair Suarez: RE.6. Commissioner Spence -Jones: RE.6. City of Miami Page 48 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 RE.6 12-00960 Department of Capital Improvements Program Ron Nelson (Chief. of Staff District 2): Just thank you. It's been going on for a long time. We're finally getting this project started. That dock New away in Andrew is how long it's taken to get this done. Mr. Danie: For the record -- Chair Suarez: Can you put your name -- Commissioner Spence -Jones: Your name fir the record. Mr. Danie: -- name and address fir the record. Chair Suarez: -- and address for the record. Ron Nelson: Ron Nelson, chief of staff fir Commissioner Somali. Commissioner Spence -Jones: Address. Mr. Nelson: Thank you. CommissionerGort: Thank you. Chair Suarez: 3500 Pan American. Mr. Nelson: 3500 Pan American Drive. Chair Suarez: There you go. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH EBSARY FOUNDATION COMPANY, PURSUANT TO REQUEST FOR PROPOSALS NO. 11-12-033, FOR THE PROVISION OF DESIGN -BUILD SERVICES FOR SEAWALL STABILIZATION AND REPAIRS AT MUSEUM PARK, B-30538, IN THE FINAL NEGOTIATED AMOUNT OF $2,369,250, FOR THE SCOPE OF WORK, PLUS A TEN PERCENT OWNER CONTINGENCY AMOUNT OF $236,925, FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $2,606,175; ALLOCATING FUNDS IN THE AMOUNT OF $1,879,004, FROM CAPITAL IMPROVEMENT PROJECT NOS. B-30538 AND B-30538B, AND FUNDS IN THE AMOUNT OF $727,171, FROM THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY PROJECT NO. 92-686001, FOR SAID PURPOSE. 12-00960 Summary Form.pdf 12-00960 Memo - Evaluation Committee Reco.pdf 12-00960 Ebsary Foundation Company.pdf 12-00960 Legislation.pdf 12-00960 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 49 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-12-0393 Direction by Commisioner Spence -Jones to the Administration to ensure that there is a local preference employment requirementfor City of Miami residents and that hiring occurs in conjunction with the City of Miami's One Stop Center. Chair Suarez: Go ahead, Mr. Spanioli, RE.6 Mark Spanioli (Director, Capital Improvements Program): RE.6. RE.6 is a resolution authorizing the City Manager to execute a contract with Ebsaiy Foundation Company for design -build services for seawall stabilization repairs at Museum Park, in an amount not to exceed of $2, 606,175. This is also a District 2 project. It's a design -build project with a 300-day duration. It's funded by City and CRA (Community Redevelopment Agency) funds. And we met with Ehsay to negotiate once their hid was received, and we did reduce the original hid price by $170 000, just fOr reference. Chair Suarez: Thank you, Mr. Spanioli. Is there a motion -- Commissioner Spence -Jones: Motion. Chair Suarez: --fry- discussion? Commissioner Spence -Jones: Discussion. Chair Suarez: Okay, there's a motion by Commissioner Spence -Jones. Is there a second? Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. Discussion. Commissioner Spence -Jones: Okay. Just real fast, Mark. Yes, it is a D2 (District 2) item, but it is on the Museum Park, which is a citywide park. Mr. Spanioli: Absolutely. Commissioner Spence -Jones: Just want to be clear on that. The $2.6 million, which is what I was talking about earlier, which comes from the Omni CRA to do it, I think we have to send a very solid message to anybody that's doing business with the City -- And I do understand that the CIP (Capital Improvements Program) agreements we just voted on and approved, that we have the local preference fbr jobs. But I also know, while we're sitting up here as well, with any contracts or agreements, we are also able to make amendments to that or add to them as well. So I would like to make sure that in us supporting this item, that -- Where is my --? Is the -- is Lillian Blondet here? I want to make -- Commissioner Gort: Hire City residents. Commissioner Spence -Jones: Yes, hire City residents, but -- what is -- it's called the Miami One -Stop Shop. Chair Suarez: Right. Commissioner Spence -Jones: Again, the South Florida Workforce is going to he on us like white on rice so we need to make sure that every job opportunity or individual that can come to that -- City of Miami Page 50 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 to the center is placed. Everybody has to win in the City. So I would like to amend, Alice, to include that the local job portion of this is included and that they are held accountable to make sure that they hire people through the One -Stop Shop. So refer them to the One -Stop Shop so that we can get some of these individuals placed and ready to go. Mr. Spanioli: Commissioner -- Commissioner Spence -Jones: Is there a problem with that, Mark? Mr. Spanioli: -- we did reach out to the design -build team. This particular work is very specialized work It's a seawall repair project where the work will he done from the water side on a barge. Commissioner Spence -Jones: I understand that, but there's hauling that's done. There's general labor that's done. Mr. Spanioli: There is -- Commissioner Spence -Jones: So stuff -- there -- they have to find a way to support local people, and we have to encourage that. So everything is not specialized. Carrying rocks is not specialized. Commissioner Gort: Clearing lot, making the frames -- Commissioner Spence -Jones: Come on now. Commissioner Gort: -- to pour the concrete. Commissioner Spence -Jones: Let's not use no excuses. Lillian, I want to make sure -- I'm -- Madam -- Assistant City Attorney, I want to make sure that ii'e are able to refer -- I don't care if it's two or three workers from the City. We need to do it. Chair Suarez: Yep. Alice Bravo (Assistant City Manager/Chief of Operations): But we -- we'll definitely work with the contractor and refer folks and any hiring opportunities that have -- this is a local contractor, so we'll make sure that we work with them to the maximum extent to hire local -- Commissioner Spence -Jones: Yeah. I mean -- Ms. Bravo: -- employees. Commissioner Spence -Jones: -- we should just be excited about doing this. Every time this comes up, somebody's going to work. That's how I feel about it. Mr. Spanioli: We're in agreement. We completely want to hire a local workforce, not -- that's not an issue. I mean, we really want to do that. Commissioner Spence -Jones: Okay. So that means yes? Mr. Spanioli: It may he difficult in this case to meet the requirement on this project of the -- Commissioner Spence -Jones: So you're telling me it takes a qualified person, Mark to haul rocks? City of Miami Page 51 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 RE.7 12-00911 Department of Parks and Recreation RE.8 12-01097 Mr. Spanioli: This particular -- Commissioner Spence -Jones: Because you know I'll go out to the work site, and if" see a general labor person out there that's hauling a rock, I'm going to make sure 1 bring it back up, so Mr. Spanioli: All right. Commissioner Spence -Jones: -- let's not go there. So please make sure the contractor please go to Lillian and there has to be something over there for people to do. Mr. Spanioli: Agreed. Commissioner Spence -Jones: Thank you. Chair Suarez: Okay, there's a motion and a second. All in favor, signify by saying hye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY"), THE SCHOOL BOARD OF MIAMI-DADE COUNTY, THE MIAMI-DADE AREA VI OFFICE OF THE FLORIDA DEPARTMENT OF EDUCATION, DIVISION OF VOCATIONAL REHABILITATION, AND MACTOWN INCORPORATION, FOR THE PURPOSE OF CONTINUING THE NATIONALLY ACCLAIMED PROJECT SEARCH PROGRAM AT THE CITY, WITH THE PROGRAM DESIGNED TO PROVIDE MARKETABLE JOB TRAINING AND SOCIAL SKILLS FOR YOUTH WITH DISABILITIES, TO ACHIEVE THE GOAL OF SUSTAINABLE EMPLOYMENT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, AND MODIFICATIONS AFTER CONSULTATION WITH THE CITY ATTORNEY, THERETO IN COMPLIANCE WITH THE ATTACHED FORM OF THE COOPERATIVE AGREEMENT, FOR A ONE-YEAR PERIOD COMMENCING JULY 1, 2012 THROUGH JUNE 30, 2013, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS UNDER THE SAME TERMS AND CONDITIONS. 12-00911 Summary Form.pdf 12-00911 Legislation (Version 2).pdf 12-00911 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gott, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item RE.7 was deferred to the October 25, 2012 Commission Meeting. RESOLUTION City of Miami Page 52 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF ROGELIO WONG, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $62,500, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI AND ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.524000.0000.00000. 12-01097 Memo - Office of the City Attorney.pdf 12-01097 Memo - Financial Signoff.pdf 12-01097 Legislation.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-12-0392 Chair Suarez: RE.8. Julie O. Bru (City Attorney): Mr. Chair, this is a resolution that seeks authorization, for a settlement of a worker's compensation claim. Chair Suarez: Is there a motion? Commissioner Gort: Move it. Chair Suarez: Moved by Commissioner Gort. Is there a second? Commissioner Spence -Jones: Second. Commissioner Carollo: Second. Chair Suarez: Second by Commissioner Carollo. All in favor, sign by saying aye." The Commission (Collectively): Aye. RE.9 RESOLUTION 12-00583 A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE REIMBURSEMENT TO THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA"), IN A TOTAL AMOUNT NOT TO EXCEED $165,691, FOR COSTS RELATED TO THE PREPARATION AND APPROVAL OF THE 2009 AMENDED AND RESTATED SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT PLAN ("PLAN"); ALLOCATING FUNDS FROM THE DEPARTMENT OF PLANNING "CFS-OTHER CHARGES FOR SERVICES," ACCOUNT CODE NO. 10400.351000.449000.0000.00000 TO THE SEOPW "OTHER NON -OPERATING SOURCES," ACCOUNT CODE NO. City of Miami Page 53 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 10050.920101.489900.0000.00000. 12-00583 Summary Form.pdf 12-00583 Pre -Resolution SEOPW - CRA.pdf 12-00583 Legislation.pdf SPONSORS: DEPARTMENT OF FINANCE DEPARTMENT OF PLANNING & ZONING 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, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-12-0391 Chair Suarez: RE.9. Commissioner Spence -Jones: Finance. And this is our DRI (Development of Regional Impact), right? Stephen Petty: This is DRI. Steve Petty, director of Finance. We're asking for authorization to reimburse the Southeast Overtown/Park West Community Redevelopment Agency, in an amount not to exceed 165 -- Commissioner Spence -Jones: So moved. Chair Suarez: Moved by Commissioner Spence -Jones. Is there -- Commissioner Gort: Second. Chair Suarez: -- a second? Commissioner Carollo: Second for discussion. Chair Suarez: Second by Commissioner Gort. Discussion. You're recognized, Commissioner Carollo. Commissioner Carollo: Thank you. Madam Citv Attornev, is it stipulated somewhere in the Charter that the City has to reimburse the CRA (Community Redevelopment Agency)? Julie O. Bru (City Attorney): Commissioner, there is an ordinance, which has been adopted by this Commission and it's codified in your City code right now, that sets up a scheme where fees are collected for development within the Southeast Overtown/Park West district and the fees -- there are specific fees that go towards funding -specific activities, and in this case the code requires that a particular fee that's collected be used for these planning purposes. So the amounts that are collected from development is supposed to be segregated in an account and it 's supposed to be used then to pay for these expenses, whether it's to pay for City expenses or CRA expenses. And your Finance director and your Planning director are the ones that should be able to account for how much fees were collected, which were the projects, how much is available, and whether or not there is money to then, in compliance with the code, reimburse the agency. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, you're recognized. City of Miami Page 54 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Commissioner Carollo: If the Finance director and the Planning director could address us and elaborate on what the City Attorney just stipulated, and if we can discuss regarding how much funding there is in that account. And again, Madam. City Attorney, just to verify, our code stipulates that the City has to reimburse the CRA? Ms. Bru: It's -- these supplemental fees may he used to either fund City activities or reimburse the CRA for their activities. Commissioner Carollo: Okay. And the only reason 1 ask -- and 1'll let you know, Commissioner Spence -Jones -- is that, you know, right now is where the City is hurting far money now. If the funds are not from the general fund, which it appears it's not; it's from the special revenue fund, you know, I could see where, you know, we could then reimburse the CRA. But in all fairness, the CRA has a lot, you know, of monies where the City financially is hurting. So that's why I'm asking the question. Commissioner Spence -Jones: Well, I don't know if the City's financially hurting so -- Commissioner Carollo: Well -- Commissioner Spence -Jones: -- let's not go there, okay. But can you put the information on the record, Planning, on this issue? Commissioner Carollo: And again, I still -- you know, I'm waiting for January. Because I could tell you, if that tunnel loan comes due, we're going to be hurting. I don't know where we're going to get $45 millionfrom. om. And I know there's a Plan B -- Commissioner Spence -Jones: But don't tie Overtown Southeast/Park West up in Omni stuff right now. We're -- let's address this issue. You want the answer to your question. Can you answer it, Planning? Commissioner Carollo: Madam Commissioner, Pin sorry, but think have the floor. I know the Chairman just gave nw -- Commissioner Spence -Jones: But you just asked -- didn't you just ask the Planning --? Commissioner Carollo: I understand. Commissioner Spence -Jones: Right. Commissioner Carollo: I understand. And I have the floor and I'm asking, you know, respectfully, questions and -- Commissioner Spence -Jones: And he's trying to answer them. Commissioner Carollo: -- 1 am -- Mr. Petty: Let me -- Commissioner Carollo: Commissioner Spence -Jones, again, you know, I have the floor. If we all talk at the same time, then I don't think this is going -- this is not going to work -- Commissioner Spence -Jones: I waited until you finished. Commissioner Carollo: -- you know. So thank you. So again, I -- the City right now, obviously, City of Miami Page 55 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 financially is hurting and maybe a Commissioner doesn't believe so or not. The bottom line is that I want to make sure that that account has been established in a special revenue fund, there is monies there, and that then we could use those fundings [sic] to repay or reimburse the CRA. Mr. Petty.: The monies have been collected and they have been deposited into a special revenue account for the City. There's four basic categories for this money. That's transportation mitigation, air quality, DRI master plan recovery, and administration fee. And it's all very specific in terms of how that gets allocated. Commissioner Carollo: Thank you, Mr. Director. And just to verify, the DR -- and 1 don't remember -- I wasn't able to remember all the different categories that you said, but there was one for DRI Is that where these findings [sic] will be coining out of? Mr. Petty: Yes, it will. This is for the master plan recovery portion of the -- Commissioner Carollo: And if 1 may, how much money is there right now? Mr. Petty: Right now there's -- well, as of the end of 2011, there's $146,152. There's been a few additions to that since then, and I don't have a to date number. Commissioner Carollo: Okay. But is it fair to say that it's more than 165,000? Mr. Petty.: Yes. Commissioner Carollo: Okay. So you have more to cover the amounts that we're going to reimburse the CRA -- Mr. Petty: Yes. Commissioner Carollo: -- if it's approved? Mr. Petty: Yes. Commissioner Carollo: Okay. I don't have any further questions on -- Commissioner Gort: Question. DRI, who pays for the study of DRI? Commissioner Spence -Jones: We did. Commissioner Gort: The CRA, right? Mr. Petty: Yes, the C -- Commissioner Carollo: And the City reimburse. Commissioner Gort: These funds are being derived because the people apply the Overtown/Park West CR -- whatever they call them -- DRI and they pay the City, not the CRA, directly. They pay the City so that's why the City has to reimburse. Thank you. Commissioner Carollo: Andjust to verify, that's correct? Francisco Garcia (Director, Planning): Yes, that is correct. Andjust -- again, for the record, the Planning & Zoning Department's role in this particular issue is to collect the monies and to deposit the monies in the funds that are set up by the Finance Department, and we can vouch for the fact that that has been done and done correctly. City of Miami Page 56 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Commissioner Carollo: Got you. Commissioner Spence -Jones: So I believe we had a motion and a second an the item? Chair Suarez: Is there a motion and a second on that, Mr. Clerk? Commissioner Spence -Jones: Mr. Chairman, you hack? Chair Suarez: Thank you. Any further discussion? All in favor, signify it by saying aye." The Commission (Collectively): Aye. RE.10 RESOLUTION 12-01094 District 5- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner ALLOCATION OF FUNDS, IN THE AMOUNT OF $21,854, TO THE BLACK Michelle HOSPITALITY INITIATIVE OF GREATER MIAMI, FOR PROMOTION OF Spence -Jones TOURISM IN DISTRICT 5; ALLOCATING SAID FUNDS FROM POVERTY INITIATIVES PROGRAM, ACCOUNT NO. 14010.910101.882000; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCY, FOR SAID PURPOSE. 12-01094 Pre-Legislation.pdf 12-01094 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-12-0390 Chair Suarez: RE. 10. Commissioner Spence -Jones: Yes, this is an item -- RE.10, this is in reference -- these are the poverty initiative dollars that we had left over, allocating it to the Greater Miami Tourism for Business and Promotions in D5 (District 5). This is all a part of our Shop, Dine and Explore partnership with the Greater Miami Convention and Visitor's Bureau. Chair Suarez: Is there a motion? That's your motion, Madam -- Commissioner Spence -Jones: Yes. Chair Suarez: -- Commissioner? Commissioner Spence -Jones: So moved. Chair Suarez: Is there a second? Commissioner Carollo: Second. Chair Suarez: Second by Commissioner Carollo. All infavor, signify it by saying aye." City of Miami Page 57 Printed an 11/5/2012 City Commission Meeting Minutes October 11, 2012 The Commission (Collectively): Aye. RE.11 RESOLUTION 12-01122 District 5- A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Co,mnissioner (4/5THS) VOTE, CODESIGNATING NORTHWEST NORTH RIVER DRIVE Michelle FROM NORTHWEST 10TH AVENUE TO NORTHWEST 7TH STREET ROAD, Spence -Jones MIAMI, FLORIDA, AS "GARDNAR'GAR' MULLOY DRIVE;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 12-01122 Biography of Gardner Mulloy.pdf 12-01122 Legislation.pdf 12-01122 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Samoft R-12-0389 Chair Suarez: RE.11. Commissioner Spence -Jones: That's me too? Commissioner Gort: North River Drive. Commissioner Spence -Jones: Yes. I don't know if he's here, though. Is he here? Okay, this is a resolution for the codesignating of Northwest North River Drive for Gadar [sic] 'Gar' Mulloy Drive. So I'd like to officially move this item. Commissioner Gort: Second. Commissioner Carollo: Second. Commissioner Spence -Jones: And -- Chair Suarez: Go ahead. Commissioner Spence -Jones: -- Jor those that don't know him, he is an incredible guy that was born in 1913. He lives actually in the Spring Gardens [sic] neighborhood. He graduated from Miami Senior High in 1932. He also went to University ofMiami on a football scholarship. He's just done a lot of wonderful things in our district, and 1 wanted to make sure that we acknowledged him. He's also a wonderful, wonderful tennis star, and he was ranked top in 1939 as a top tennis pm. So I wanted today to at least to officially acknowledge him. I believe he's actually turning 99 this year, so we really wanted to make sure that we acknowledged him. We are going to do something also on one of the -- in the -- probably at the next City Commission meeting, bring him and also the City -- the Spring Gardens [sic] residents to participate in that, but 1 wanted to at least acknowledge him. Chair Suarez: Thank you. Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. Yes, I had the honor of meeting Gardnar City of Miami Page 58 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 RE.12 12-01134 District 4- Commissioner Francis Suarez Mulloy when we named the facility in one of our parks in District 3. You know, he's a spectacular person. And realistically, he was ranked in the top of the elite tennis players for quite a few years. As a matter nffact, he won doubles Wimbledon in quite a few of the major tournaments. So I'm glad that Commissioner Spence -Jones is sponsoring this. Thank you. Chair Suarez: Thank you. Okay, this requires a unanimous vote of the members that are present. It's been moved and seconded. All in favor, signify by saying iiye. " The Commission (Collectively): Aye. Chair Suarez: It's a unanimous four of the four Commissioners. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING MIAMI-DADE COUNTY PUBLIC SCHOOLS' CAPITAL BOND REFERENDUM WHICH WILL PROVIDE FUNDS TO MODERNIZE AND RENOVATE LOCAL SCHOOLS SO THAT PUBLIC SCHOOL STUDENTS WILL HAVE THE TOOLS NECESSARY TO SUCCEED IN THE 21 ST CENTURY GLOBAL ECONOMY. 12-01134 Legislation.pdf 12-01134 Letter of Support from Vice Chair Sarnoff.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Sarnoff and Carollo R-12-0388 Chair Suarez: So we're now going to go to our time certain item of 11:15. Commissioner Spence -Jones: Yes. Chair Suarez: We have School Board Superintendent Alberto Carvalho here in attendance with us today. We'll let you know, Superintendent, that we're two minutes behind on our time certain of 11:15. It's 11:17, but if you wouldn't mind coming to the podium, I'm going to introduce the item, since I'm sponsoring it. You know, I was -- obviously, it's -- the $1.2 billion bond referendum is something that has been very much talked about in the news. And I was at an event where the superintendent was named the Superintendent of the Year, and I've been at many events in my very short career as an elected official where the superintendent has heen called out for his leadership. And so, for me, there was three main reasons why I sponsored this resolution. The first was even though I've routinely, as a Commissioner, voted against any sort of a tax increase, whether it he a millage increase or a fee increase, this one is very different for a variety of reasons. The first reason is that it's going to be voted on by the voters, so the voters are going to he the ones that decide whether they want to, in effect, impose a tax upon themselves or not impose a tax upon themselves. So it's not our legislative fiat that makes that decision. It's simply our recommendation as a City Commission body. The second and probably the more important reason is the children of our community. You know, in all of our districts, we see the dilapidation of our schools, and we know that the future of this city is going to he in the hands of our children. And we've seen many initiatives, some that Commissioner Spence -Jones has engaged in, particularly recently in the film and entertainment sector, where we're Irving to engage our children to do productive things and to learn skills that will make them productive and well paid citizens in the future. And the last reason why I sponsored it is because of our superintendent. One of the things that I've learned in my short time being a City Commissioner is that leadership matters. And the leader that you have that is -- the credibility that that leader has, the ability to City of Miami Page 59 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 articulate an argument, the ability to instill confidence in the people who are entrusting that leader with what is -- amounts to their hard-earned dollars, is something that is of utmost importance. And I think, you know, our superintendent is someone who has, you know, the utmost amount of credibility and confidence of this community. And so, for me, it's an honor to he able to present this resolution in favor of that issue. Commissioner Spence -Jones: So moved. Discussion. Chair Suarez: Moved by -- Commissioner Gort: Second. Chair Suarez: -- Commissioner Spence -Jones, second by Commissioner Gort. Commissioner Spence -Jones. Commissioner Spence -Jones: Once again, I want to commend our Chairman for his wonderful leadership -- Chair Suarez: Thank you. Commissioner Spence -Jones: -- in jumping out in front of this and making it very clear that the City of Miami supports not only what the School Board is doing but what your leadership has done not just on the bond issue, but on several things since you've taken office -- you know, taken your seat. I want to at least say on behalf of D5 (District 5), we are in total support of this issue. You know that. We've been out there on the campaign trail with you pushing the importance of our community understanding why it's important to have better schools. As of next week, the black elected officials will make a major announcement in the heart of Overtown. We're extremely excited about Frederick Douglass being one of those replacement schools, and well do an official walk-through with Bishop Curry and many others to show our allegiance to your vision of what you want to see happen in the -- throughout the school district. I have to say this -- and I think it's extremely important for us all to understand that, you know, in order to have a better school -- or a better community, you have to have better schools. And part of this whole initiative, Chairman, that we've launched, called Believe, you know, part of it is inspire, empower and transform. You can't transform communities without having great schools. So I'm extremely excited. You can count me in to be wherever I need to be to make sure our communities and other communities know what we must do to make sure this item passes. So we're going to he tweeting it out in D5, and I know that I have a tweeter over there in my Chairman. And we're going to he Facehooking -- Chair Suarez: I'm not tweeting right now. 1 can guarantee you that. Commissioner Spence -Jones: Okay. Don't tweet right now. -- Facebooking it and just making sure that we mobilize people on that day to make sure that they understand the power of their vote and their position in this issue. And I have to tell you, you have to he extremely charming and all those great things in order for our Chairman to agree to do any kind of increases because, I'm telling you, this last year of me being on the dais, I've maybe introduced at least five or six items and he has not done it. So I want to understand what your secret is so that maybe perhaps, you know, I can, you know, get a little of that to make sure that we get some additional things we need to get done in -- Chair Suarez: I think his secret is that at the end of the day, it's going to he up to the voters of Miami -Dade County to make that decision. And so the way -- that was my point number one. Even though the children really is the real reason why this is being done and really the reason we should focus on, but the fact that our residents are going to he the ones that ultimately make the decision to impose the tax upon thernself is really what convinced me. Commissioner Gort. City of Miami Page 60 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Commissioner Gort: Mr. Chairman, first of all, I want to extend my congratulations to you. I think you done an excellent joh with the school system. You took the failure school that heen failing for a long time and the people that were administrating the school, you got rid of them and that changed. The schools are doing much better. You took some real hard -- those commitments and you made some very tough decision and I commend you for that. You've done a great job. Once again, I'm going to vote for this 'cause the people are going to vote for it, but I think you should go out -- have your team go out and explain how you're going to spend that $1.2 billion. At the same time, try to do -- you don't have to do the issue all at one time. You can time the issuance of the bonds according to the relief of the other bonds that are going to be paid off with the deficiency of the other bonds so the effect will be -- will not he that hard on the residents. You need to explain that to the public. It's very important for them to understand. Because any time it comes to an increase in taxes or anything like that, people are going to vote against it. So it's got to he explained and ifs got to he told how it's going to he utilized and the benefit that they're going to receive in their community. Commissioner Spence -Jones: Mr. Chairman, I just -- Chair Suarez: Yes. Commissioner Spence -Jones: -- two things that ljust avant to add hefore you -- and I know you're going to say it anyway, but I just want to make sure 1 officially put it on the record, and 1 need to make sure my colleagues know. The main issue that I've been pushing in these meetings that we've been having amongst our officials from our communities is that the jobs portion of this, meaning -- I believe it's like 9,200 jobs that are going to come from this, which is great. And we know we need this stimulus happening in Miami -Dade County and in the City right now. So one of the things I know that I've heen tasked by Fredericka Wilson to do is to sit on that task force regarding the jobs and apprenticeship based programs. On Monday, I believe your staff is meeting with us and the unions, which are the carpenters, the plumbers, the electricians, and the masonry workers. We're going to be meeting to put together a strategy to address -- work along with the School Board to make sure that those individuals have the opportunity to be trained and prepare to go when these schools start. And then I know that we're working on a special project to address the ex -offender issue. I'm going to ask fin- our City Manager -- and I'm not sure where she is again -- Lillian, if you can come out from the back. With our new One Stop Shop, 1 want to make sure that there is a partnership with the School Board and the City of Miami's new One Stop Shop through South Florida Workforce so that it becomes a -- an instrument -- Hey, Lillian. I know you're tired of me calling you today, but see, I'm getting you a lot of jobs, chica, a lot of jobs. Commissioner Suarez: A lot of work. Commissioner Spence -Jones: Make sure that through our Miami Works program, that those construction based jobs that are going to go on line as soon as this item is voted on and approved -- 'cause we're already claiming that it's going to happen. We're claiming the victory right now. But I want to make sure that the School Board and -- along with our Miami Works, One Stop Shop, you guys are engaged and attend that meeting on Monday so that that transition happens properly. And then last but not least, we have sent over to you the penalties -- 'cause that's one of the things that I also asked 'cause that's a lot of money being spent throughout Miami -Dade County. We want to make sure that if these contractors get the work, they get the business, you know, that they invest back into local businesses from the communities and people within the communities. And if they don't, then they pay into a penalty fund to make sure that it's reinvested back into those neighborhoods or in those communities. And I know that's something that you support. I just wanted to make sure that you officially got the legislation from the City on that and that's my only comments. City of Miami Page 61 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Chair Suarez: Thank you. Mr. Superintendent, you're recognized. Alberto Carvalho: Thank you very much. Good morning, Mr. Chairman, members of the Commission, and Mr. Mayor. I know that I'm going to be joined shortly by Board Member Raquel Regalado, and I've had a number of conversations with you. I spoke personally with all of you about this important matter. I spoke also with Commissioner Marc Sarnoff who, unfortunately, is not here, but he declared his support far this initiative in a very emphatic way. Look, I71 he very brief. I can condense the benefits and the moral imperatives around this issue in three different wins. Number one, a win for kids, and he spoke about that in a very eloquent way. I can no longer answer the questions .from parents or children alike or teachers who upon visiting a brand-new high school, like the new Miami Beach Senior High School, or even at Jackson Senior High School, then have to go back to their very old and decrepit, aging, and crumbling school. And I know the question that is on their minds as they go back is, What in the world have I done to deserve this? What am I not doing that, you know, conditions aren't improving dramatically around me? The second win is obviously for teachers. If in fact, we believe in the dignity of the teaching profession, we ought to honor it with environments that dignify this most noble of professions. And the last win is the win for the community. And that win for the community can be spoken of in a number of ways. Number one, we're still dealing with record -high unemployment rates. We're dealing with an economy that's struggling, a construction industry that is pretty much idle. This initiative is going to create 9,200 jobs within the first couple of ,years, direct jobs; an additional 9,400 jobs in indirect and induced jobs in the subsequent years. Why do it now? Well, Mr. Chairman, you said it: because the need is now. For many years people have talked about the problem but never -- nobody has really come up with a solution. The time is now. The need is now. We are still experiencing historically low interest rates, so it's the right time to borrow money to create jobs, to still benefit from lower construction prices than pre -recession. And in effect, we can retire the old debt and actually issue new debt at a lower interest rate and that is all that we're going to do. Last night we had a board meeting where the board approved the Community Oversight Board to ensure that all that we're promising today will be delivered in an effective, efficient, and timely manner. All the projects will he delivered on a basis of first and greatest need first, ensuring that those communities that have been waiting for a long time are going to be addressed first, simultaneously bringing about the elimination of the digital divide that exists in our community. Let me close by saying that I am. extremely pleased to work side by side with community leaders that absolutely get the moral imperatives in our community and that recognize that our. future relies on a quality education that will translate itself into a quality of life improvement for all. In a globalized economy that is fueled by knowledge, providing the best possible environment for kids to learn in, as we know that research after research proves that the environment in which kids learn will impact the quality of the learning itself: So invest in our kids today, we're just really investing in a hetter Miami and a hetter Miami -Dade. And I am incredibly proud and honored to have the City of Miami as partners in this endeavor. And as you said at the end of the day, it is the people's choice. That is exactly what good government does. That is exactly what the democratic process provides for. I'll close in saying that if we believe that there is but one god and that he is the same god for all children, we should expect no difference in the quality of schools in our community. And when at this point a ZIP (Zone Improvement Plan) code defines the quality of the educational facility and when we have before us a solution to address this, then it is the moral imperative of our generation to in fact deliver on their promise. So thank you very much for the opportunity. I stand ready to answer any questions. And let me thank you in advance on behalf of the chair of our board and the board members, particularly, Raquel Regalado, who so ably represents this area, for your work on behalf this community. Thank you. Chair Suarez: Thank you, Mr. Superintendent. CommissionerGort: Thank you. City of Miami Page 62 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Chair Suarez: And I just want to read a letter from Commissioner Marc Sarnoff that was sent to the Clerk and entered into the record. And he -- it says, Dear Mr. Chair, unfortunately, I am unable to attend the City Commission on Thursday, October 11, 2012, as a result of being asked by the Shanghai Administration of Sports to attend the Miami Heat's two exhibition games in Shanghai and Beijing, respectively. As Commissioner, I had the unusual pleasure of placing the Shanghai Administration of Sports and Miami Heat together so as to facility a trade agreement by and between the Miami Heat and the Shanghai Administration of Sports to conduct exhibition games, establishing a relationship between the two entities. There is a resolution which you are sponsoring, and I would like to demonstrate my full support thereto, and that is for the $1.2 billion bond proposal by Miami -Dade County School Board. Superintendent Carvalho and I met. He fully explained how the, funds will he utilized. Its primary purpose is to bridge the digital divide that many schools in Miami -Dade County are facing and will face in the coming years. As you know, today you cannot be schooled without the use of an excellent IT (Information Technology) Department and understanding the tools that other countries and locales are utilizing to teach their students and provide them the necessary background to become successful competitors in this highly competitive market. This money will be used in part to bridge that digital divide and elevate Miami -Dade County to be one of the foremost school systems in the digital generation. I ask each Commissioner to join and support this important objective for the future of Miami. And he wanted to cosponsor the legislation, but we were not able to get it done by the printing of the agenda. So I see here School Board Member Raquel Regalado, so I'd like to recognize you. Raquel Regalado: Thank you. Chair Suarez: School Board Member. Ms. Regalado: Thank you very much. Well, I know that Alberto was speaking hefore and he's explained this bond issue. But 1 also want to mention that 1 really think it's a historic moment for the City and for Miami -Dade County Schools, in that we've had support of municipalities. And municipalities are making public education a priority, which is something that we wish was occurring at the state level. And it is self-help. And we understand that it's a difficult ask, it's a big ask. But it's one that will bring equity. And I know that many of,vou in your own districts see that inequity. When you go to Shenandoah Middle and you compare the 70 year -old windows, the lack of light, the inability to sustain computers in that facility because of its age. if you go to Drew Elementary Allapattah Middle, you see the difference that a few streets can make and how difficult it is for our parents to have to make those choices. So that's why we're asking for your support today. We hope that you will stand with us. This is something that we did not do unilaterally and I think that that's very important. I'm very proud of the Superintendent and the fantastic work that the Administration has done in vetting this. But we're putting it to the voters and we're asking the voters, once and fbr all, to make public education a priority in this county and we hope to have your support. Chair Suarez: Thank you very much. Thank you for coming. Mr. Carvalho: Mr. Chair, if I may add -- Chair Suarez: Yes. Mr. Carvalho: -- two last points. The board voted last night on the establishment of the oversight committee, made up of people with 50 -- over 50 percent of its representation external to the school district to ensure that all the eyes of the stakeholders, the witnesses for effective government are in place. Second, our determination to ensure that the rolling out of this bond referendum implementation is according to plan driven by need, but it will he equitable, providing another one of my guarantees that 100 percent of the funds will he used through the private sector to create jobs. Two, with modifications to the procurement process to ensure that City of Miami Page 63 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 those dollars are spent locally with preference for local entities, local firms, with preference for local employment in the area surrounding the actual projects. We have moved in the direction of actually extending equity -- economic opportunities to small firms, minority firms, and micro entities in our community by lowering the -- actually, eliminating bonding requirements for projects of 200,000 or less, by tiering contracts to ensure vertical equity for all sized firms, and also by enforcing an expedited payment system to ensure that small firms can, in fact, get paid quicker to stay afloat. So this is not only a win for the kids, as I said, a win for the teachers, but for the economic development of our community. It is a much needed equitable boost for all. So thank you once again. Chair Suarez: Two plus two plus two. Mr. Carvalho: Two plus two plus two. And yes, I -- Ms. Regalado: Don't confuse him. It's not 224. It's 222. Mr. Carvalho: -- I'm always confused as to whether or not I can say that. But I've been told by my attorney I can. This is -- it's two to improve public education, two to sustain the local economy, and two to improve the quality of life in our community. So it's easier to remember, 222. Chair Suarez: Great. Thank you. Commissioner Spence -Jones: Mr. -- Chair Suarez: Yes, of course. Commissioner Spence -Jones: 1 just want to just add really quickly. Superintendent, I know we're going to have this meeting next week on -- in relationship to the jobs, so I wanted to see if you could forward to us -- I think the item is -- is it CH.11 ? It's something about the apprenticeship. I don't know exactly what your item is called. If we could have somebody forward that language to us before --I'na inviting the City Attorney to actually -- somebody from the City Attorney'.s office to sit in next week's meeting so that we could by to really prepare the information so that your School Board attorney could, you know -- can deal with it. But 1 wanted to see if we could have somebody from your construction -- I don't know if that's Carl. Is that Nicolai? Or is that somebody else that's a part of the -- Mr. Carvalho: We have both Jim (UNINTELLIGIBLE) and Carl Niccolo (phonetic). Commissioner Spence -Jones: Okay, so either one of them. And then 1 don't know if you have a School Board attorney -- not -- maybe not your main one, but maybe perhaps someone that's working in that office that can also attend that meeting as well. Mr. Carvalho: Done. Commissioner Spence -Jones: Thank you. Chair Suarez: Thank you. Mr. Carvalho: Thank you. Chair Suarez: Thank you. There's a motion and a second. Commissioner Gort: Yes. City of Miami Page 64 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Chair Suarez: All in favor, signer by saving aye." The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. Thank you. Mr. Carvalho: Thank you very much. God bless all of you. Ms. Regalado: Thank you very much. Chair Suarez: Thank you. Likewise. Mayor Tomas Regalado: Mr. Chairman. Chair Suarez: Yes, sir. Mayor Regalado: Is it possible to have the members of the Commission to take a picture with the Superintendent and --? Chair Suarez: Absolutely. Thank you. We will -- I guess the ones that are here. Okay. RE.13 RESOLUTION 12-01132 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA ("CITY"), AS AMENDED, AUTHORIZING THE PROCUREMENT OF BOND UNDERWRITING SERVICES FROM VARIOUS PRE -QUALIFIED INVESTMENT BANKING FIRMS, UTILIZING EXISTING CITY OF CLEARWATER CONTRACT NO. 31-11, SOLICITED AND AWARDED PURSUANT TO OPEN -COMPETITIVE REQUEST FOR QUALIFICATIONS NO. 31-11, TO BE USED ON ACITYWIDE, AS NEEDED CONTRACTUAL BASIS, EFFECTIVE THROUGH NOVEMBER 2, 2014, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY THE CITY OF CLEARWATER; 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; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS IN CONNECTION THEREWITH; RATIFYING, CONFIRMING, AND APPROVING THE CITY ADMINISTRATION'S RECOMMENDATION THAT IT IS IN THE BEST INTERESTS OF THE CITY TO BEGIN WORKING WITH WELLS FARGO BANK, NATIONAL ASSOCIATION, IN CONNECTION WITH THE REFINANCING OF THE $45,000,000 OUTSTANDING PRINCIPAL AMOUNT OF THE CITY'S REVENUE NOTE SERIES 2010 (PORT OF MIAMI TUNNEL AND ACCESS IMPROVEMENT PROJECT); PROVIDING FOR CITY DETERMINATIONS, SEVERABILITY, AND MODIFICATION, SUPPLEMENTATION, AND AMENDMENT, AS NECESSARY, OF ANY INCONSISTENT PROVISIONS OF PREVIOUS RESOLUTIONS. 12-01132 Summary Form.pdf 12-01132 Legislation.pdf 12-01132 Exhibit 1.pdf City of Miami Page 65 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Spence -Jones Noes: 1 - Commissioner(s) Carollo Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item RE.13 was deferred to the October 25, 2012 Commission Meeting. Direction by Commissioner Gort to the Administration to provide a full analysis of all the information provided by the bank in the event the City were to consider a Plan B financing option; further directing the Administration to ensure that the City's financial advisor and bond counsel review the information provided and present the City Commission with a full picture of the various options available to include interest rate, legalities, and timelines to finalize the deal. Chair Suarez: Okay, we're now going to discuss the deferral ofRE.13, and then we'll pull items from the consent agenda and vote on the consent agenda. Commissioner Carollo, you're recognized on the deferral of RE.13. Commissioner Carollo: Thank you, Mr. Chairman. I wanted to ask the Manager what was the reason for the deferral. Johnny Martinez (City Manager): Well, part of -- Commissioner, part of the reason is that the Commissioner whose district this project lies on is not here, and timeline wise, it's not detrimental to the timeline to wait till he got back to have a full Commission address and consider this item. Commissioner Spence -Jones: And, Mr. Chairman, if 1 can ask -- and I apologize because -- Chair Suarez: Sure. Commissioner Spence -Jones: -- I was the one that actually asked the City Manager and Julie to -- I think that we need to -- all five of us need to be sitting here discussing this item, so I apologize if you guys wanted to deal with it today. I just -- I did make that request by the -- to the -- with the City Manager, Commissioner Carollo. Commissioner Carollo: Thank you. I have some follow-up questions, Mr. Manager. Mr. Martinez: Yes. Commissioner Carollo: And I -- and this is nothing new. I discussed it, and I was very explicit during the budget hearing. As a matter of fact, I left all other comments to the side because I think this was the most important thing. Do you -- does the City have a plan B in case that we don't -- we cannot find refinancing or we're not in time or we do not refinance and then we have to make a $45 million payment? Do you have a plan B? Mr. Martinez: Yes, we do. Janice, can you go over that contingency, please. Janice Larned: Janice Larned, assistant city manager, chief financial officer. Yes, we do. At the very minimum, we have an offer from Wells Fargo Bank, who is the current lender of our short-term loan, that will allow us to flip that over into another two-year loan, if necessary. Now there will he some additional requirements that niay be placed on the City at that time that we will have to bring back to this body. Chair Suarez: Wow. City of Miami Page 66 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Commissioner Carollo: Can you elaborate what the additional --? Chair Suarez: Yes, please do, 'cause I had a briefing -- And I'm sorry far interrupting you. But had a briefing at 4 -- I think it was -- started at 3, and this is the, first that I hear of this backup "option." So I'd like to hear some more specifics myself. Commissioner Carollo: And by the way, you know, I'm asking this because I really think this is being risky, deferring this another two weeks. I mean, because, realistically, we're going to end up being two months before this loan comes due. So -- and from what I'm hearing -- and Met you elaborate, and that's why I asked for you to elaborate. From what I'm hearing, it's going to he more expensive for the City. So the closer we get to that time table and we don't refinance, I think it's going to end up costing the City more. We're going to be, once again, leaving another serious financial issue towards the last minute so. Ms. Lamed, if you could please elaborate. M. Lamed: Certainly. Back in June is when we sat down with Wells to discuss our plans as to what will happen over the next few months. We began the conversation with the current loan and our commitments in that loan. The conversation evolved -- When I say me, I mean to say we, and that was the CRA (Community Redevelopment Agency) executive director and myself. We met with Wells Fargo. As you all know, it has been the Omni CRA's intention to fulll this obligation on behalf the City. And so, therefore, it has been very important and critically necessary for the CRA to he engaged in these conversations. And I will say again that they have been extremely helpful in moving this process along. But it was back in June where we talked about the loan. And the thinking at that time was should we just flip it. We are now enjoying some of the lowest interest rates that we've enjoyed over the last 20, 30 years. From a financial management perspective, it makes sense to try and seek a long-term solution in order to capture that savings for a reduced interest rate. We begun that -- we began that process. Wells Fargo andl discussed at that point if they would he willing to help us with that long-term placement and began the journey, if you will, of trying to issue bonds. Consequently, throughout this process I have attempted to keep open each and all options that we could, in the event that we had to have a fallback position. There have been times where Wells did not know if they would be able to flip that short-term loan, but they have, since that time, continued to work with us step by step. And so at this point they have said that if, inflict, we cannot meet the requirement to pay off the bonds by a long-term financing that they would he willing to consider flipping the short-term loan into another short-term loan. Commissioner Carollo: But it would be at a higher rate? Ms. Lamed: The cost of that would he -- well, not necessarily at a higher rate. It would he prevailing rates at the time. The expensiveness that have referred to in our briefings and in our conversation has been about whether or not they would require an additional pledge of revenues from our sales tax. That is a policy matter that will have to come back before this hoard. Commissioner Carollo: So they would want an additional pledge of revenues? Ms. Lamed: Yes, sir. Chair Suarez: May I? Commissioner Carollo: Sure. Chair Suarez: Are you -- do you have more? Commissioner Carollo: No. Go ahead. Chair Suarez: No. Look, I wasn't planning on really delving into this too much. I was actually City of Miami Page 67 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 maybe considering waiting until your discussion item, because I think you appropriately brought up this issue during the budget, and it's a major concern for me as well. I think you've identified a situation that could he disastrous for the City nfMiami if it's not handled properly. I think we have, yet again, made it into a crisis. We seem. to be very good at that, going from one crisis to another crisis to another crisis. This notion of flipping the note for another two years is the first I hear about it, and we had a briefing yesterday, as late as 4 p.m. So I don't know what the terms would be for that flip. But I can tell you this. If the terms of that flip are worse than the terms that are on the table today that we have been unable to execute on, I'm going to lose complete and utter confidence -- and I'm already losing complete and utter confidence in the Administration, but I'm going to have lost the last shred of confidence that I have, I'm telling you right now, because this process has been handled in a disgusting fashion and in a way that -- you had -- we had two years to do this, folks. We had two years to do this. And we're now waiting until the eleventh hour to solve this. And for me, it's unacceptable and inexcusable, to be honest with you, and -- I mean, I could go into the details of it, of all of the reasons why, from A to Z, I have issues and I've had issues with this process. I've never seen -- and I said this yesterday in our briefing -- a process where more people have thrown each other under the bus, ever. I've never seen a process that, to me, in the three years that I've been here -- it's going to be my anniversary in a month -- you know, that's been more disgusting than this one, to he completely honest with you so. Commissioner Carollo: Mr. Chairman. Chair Suarez.: Yes. And -- it's got nothing to do with us. This has to do with the way the Administration has handled it. Ijust want to be clear. Commissioner Carollo: Okay, I understand what your points are. However, I remember in the budget meeting I made strong comments with regard to the $45 million loan, and stated that will put this as a discussion item because of the importance. But it appears to me like the Administration has put an item, RE.13, which is what we're discussing -- Chair Suarez: Right. Commissioner Carollo: -- that does have a clear plan. And with all -- and I'm not really sure. I haven't gotten into the details of who's thrown who under the bus or what, but what 1 do know is that our financial advisors have been unwavering in their recommendation, the bond counsel has been unwavering in their recommendation, the CFO (Chief Financial Officer) and their financial team apparently are coming forward with the same recommendation, and the Finance Committee has also made the same recommendation. So it seems like -- and again, I don't know the details with the throwing under the bus and who did what, but the bottom. line is it seems to me like there's a clear consensus from all of our financial advisors. Chair Suarez: Yeah. Commissioner Carollo: And I thought that this meeting was to go forward -- RE.13 was to go forward and now we're asking for a deferral, which lends to think maybe then that will cause the issue of us not being able to follow their recommendations 'cause we're not going to have enough time, and that's why I'm concerned of deferring this when there clearly is and it will cost more money to the City taxpayers in the future. Chair Suarez: Yeah. Commissioner Carollo: So -- Commissioner Gort: Mr. Chairman. City of Miami Page 68 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Chair Suarez: And -- look, I can answer each and every one of those points, point by point. We can make this into a very, very long discussion because it's been a process that has been frustrating to me since its inception in the things that they've involved me in, in the things that they've briefed me on as the timeline has occurred. And we are at the eleventh hour, as you correctly stated at the budget hearing. And I'll be honest with you, I'm not confident that any decision that we make today, whether we defer or whether we were to pass -- By the way, this is simply a procurement issue, to try to solve a procurement issue -- Commissioner Gort: Right. Chair Suarez: -- that doesn't have to be solved today, but it's to solve a procurement issue that was created by the Administration because they decided -- We have procured underwriters. We have, I think, five procured underwriters. And they decided we're not going to go with the underwriters that we procured. We're not going to go with an RFP (Request fbr Proposals), which is a procurement process that we, by the way, spent money on outside consultants to create and to evaluate. We had a responsive and responsible bidder to that process, so we're just not going to go with that. And so now we're going to go with another option that we created, by their own admission in the documents that they've given us, in the midst of an RFP. And by the way, we haven't procured that underwriter so we're going to have to piggyback on a procurement from another city in the middle of Florida when we have our own procurement and we have our own procured underwriters. And, you know, the questions and the answers to the questions that I've asked throughout this entire process have been embarrassing. The answers that I've received have been embarrassing. And then what happens is the next time I ask the same questions, all of a sudden, mysteriously, there are answers to the questions, mysteriously, which, by the way, don't make a lot of sense. You know, why we didn't go to this limited public offering, as it's being sold to us now, six months ago, a year ago, when we had two years to do this? That doesn't make sense. That's poor planning. Why would you wait until the eleventh hour to do this? I mean, it just doesn't make any sense. Commissioner Carollo: I don't want -- Commissioner Gort: Mr. Chairman, if may? Chair Suarez: Yes. Commissioner Gort: Okay. The business that I've been in, I answer RFPs all the time. All the RFPs in the bottom have a disclaimer. We in the business know that you're not going to get it all. And sometimes you go and you're the first, and you come in front of the Commission; the Commission decides not to do it, number one. My understanding is -- and people need to realize this -- yes, we've had crisis where we had three different -- two different -- three different City Managers. We had a whole fire -- the finance people leaving and bring a new team in. At the same time, we have certain investigation of the SEC (Securities & Exchange Commission) that we had to look at. And my understanding in working with the Finance Department, the finance team, the RF -- the -- what do you call them? -- the financial advisor and the bond counselor, we had the meeting. I think when -- this referral is fine. I don't think that all people have been working on this transaction fbr the last six months. Lot of their documents have been done and they complete. The question today was, Do we have a plan B? Hopefully, we don't have to use a plan B. And then my suggestion is, let's get all the answers together. Let's make sure we -- inform all the Commissioner why we doing, the reason we doing, the recommendation from our bond counselor, and the recommendation from the financial advisor. Bring all that back on the 13th and everyone will get an opportunity to go details by details. Okay. Chair Suarez: Commissioner Spence -Jones. Commissioner Spence -Jones: Thank you. I just have a few comments and, Mr. Chairman, City of Miami Page 69 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 hopefully, we can move on to the overall agenda. But since we did bring this up, I think that it's important for me to kind of put some of the things out. I think one of the things that you said earlier, Mr. Chairman, when you opened up on this issue was, you know, the growing lack of confidence that we have -- and I'm saying from the Commission side of it -- with some of the decisions that are being made by the Administration. Johnny and I had a long discussion about this, and part of our discussion included, you know, really getting a handle of it -- on it because, you know, it keeps growing and it keeps growing and it keeps growing. And it's like I don't ever want to he in a position as a leader that I'm doubting the professionals that were hired to do a job. I don't ever want to he in that position. When I have to stop and think twice or three times or jimr times about whether or not something is being communicated to me that is truth, that means that we're having a problem on the Admin side. So the City Manager assured me that he would address that issue immediately, but that is -- I know we all feel it. That's why we're here, you know. So one of the concerns that I had in our discussion is -- I brought up your point, Commissioner Carollo. I said, you know, how do we on one agenda, you know, during the budget hearing vote on a item, a budget, and the Commissioner mentions the $45 million and there's like a silence on the dais, like oh, no, don't talk about that, you know. And, you know, 1 have a problem or a concern with that because -- especially when you know that the next agenda coining up, this is going to be on the agenda. That's -- that -- you know, it's not right. And I brought that up in my discussion -- in my briefing, you know, and I just simply said, look, bottom line -- First of all, I wasn't here when this item actually -- the beginning of all of this and how it started, so I'in -- I couldn't -- I can't look hack at history to show how we got ourself in this position. But I tell you what, I'm not going to continue to be a part of something that 1 know is going to hurt the City. So, you know, my viewpoint and the reason why -- so I want you to he clear, Commissioner Carollo -- is not that I did not want to take up this issue, but I think the most respectful thing to do is to make sure that the sitting Commissioner, which is the District 2 Commissioner that was the chairman of that CRA, which is very much involved and has been involved in this process, maybe he might he able to provide better insight 'cause, quite frankly, I wasn't really getting that from the Administration. And I'm not taking anything away from Johnny. Quite frankly, Johnny inherited this. He didn't make this decision to get us here. He's now trying to clean it up, correct, Johnny? Johnny Martinez (City Manager): If I'd known what I known when I was at DOT (Department of Transportation), I wouldn't have pushed for it. Commissioner Spence -Jones: Right. So -- but my point is -- and so many players are changing in this and, quite frankly, even the City Attorney's office. I know Robin. I don't know where Robin is. But when it comes to this bond stuff, Robin is a stickuler [sic] to the extent that she drives us crazy, but I appreciate the craziness 'cause at least I know I'm going to get somebody that's going to he thorough on the issue. So I just -- I'm just going to say this to my Manager, and I want my fellow colleagues to hear, you know, my viewpoint and my heart when it comes to this issue: I think that we really, really need, you know, to take a real strong look at, you know, some of these decisions and recommendations that are being made, that are constantly changing, you know, at the sway of the wind. And, quite frankly, I would rather vote no on everything than to put, you know, the City in further debt or in further trouble because I'm not trusting really the information that's heing given to me. So these state of the emergencies -- every Commission meeting I feel like I'm dealing with a state of the emergency. Like how do we always find ourself in a state of emergency? So -- and, quite frankly, this is information that we've been dealing with for the last six, seven, five months. So Ijust wanted to at least put that on the record. And I do want to say this to the City Manager. And this is one of the reasons why, Commissioner Carollo, outside of the fact that I feel that it should be five people sitting on the dais to make a decision on this, and especially lithe district Commissioner has heen very much involved, he should he able to chime in. One of the biggest questions I had, you know, which really, you know, I didn't get any comfort in is that, you know, if this deal requires that the City pledge a budget appropriation for the loan amount -- and I'm sure you know what I'm going to say, you know -- how do we say yeah, we can do it on one end, but declare a financial urgency on the other? I'm just -- I'm lost. City of Miami Page 70 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 So -- and what I'm saying is we declared a few months ago -- so let me break it down -- that we have a financial urgency, right? We did declare that, right? How do we then turn around a few months later and he ahle to say that we're able to pledge -- make a pledge from the City for this loan amount? 1 mean, 1-- hey, that's just a crazy little question that I will be asking but got no answer. Commissioner Gort: That's a good question. Commissioner Spence -Jones: So -- hut again, this -- we're not addressing this issue right now because this is not -- we're not addressing the item itself. We've already deferred it. Chair Suarez: And -- Commissioner Spence -Jones: But Ijust -- these are the kind of things that I'm going to give you helpful hints on Jima. the D5 (District 5) perspective. If these answers -- questions aren't answered properly and there's the hennaing and the hawing and all of that, you know, you just know that it's going to he a no from me. Chair Suarez: And by the way -- Commissioner Spence -Jones: And that's fine. Chair Suarez: Yeah. And by the way -- and I think we can move on and decide whether we want to defer or not defer the item. Commissioner Spence -Jones: Defer it. Chair Suarez: You want to move to defer? Commissioner Gort: Yes. Commissioner Spence -Jones: Yeah. I thought we did. Chair Suarez: Okay. Commissioner Gort: Second. Chair Suarez: No, we haven't yet. You want to move to defer it? Commissioner Spence -Jones: I'm respecting whatever y'all avant to do on it. The Manager has asked to do that. I don't have a problem with that. Because the district Commissioner that was involved in all of this is not here, I71 move to defer it for now. Chair Suarez: Okay. Is there a second? Commissioner Gort: Second. Chair Suarez: There's a motion and a second. Any further discussion? Commissioner Carollo: Yes. Chair Suarez: Okay, go ahead. Commissioner Carollo: Is there any possibility of reaching out to the district Commissioner? City of Miami Page 71 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Commissioner Spence -Jones: To do what? Commissioner Carollo: Tn see -- well, you're saying that -- It appears to m.e, and correct me if 1'm. wrong -- but it appears to me, from my understanding, that we are asking fir a deferral simply because the district Commissioner, even though I think this is a citywide issue, by the way, because if that note comes due -- Commissioner Spence -Jones: Yeah, it's a citywide issue. Commissioner Carollo: -- guess what? District Commissioner -- isn't coming from District 2 funds. It's actually going to be City funds -- Commissioner Spence -Jones: Yeah. Commissioner Carollo: -- that we need to look far $45 million somewhere. Chair Suarez: We won't he able to do it. Commissioner Carollo: And unless, you know, there's some account or -- Chair Suarez: That we don't know about. Commissioner Carollo: -- yeah, that I don't know about, and some piggybank somewhere that has 45 million stashed away, it's going to he a -- the City issue that we have to come up with these $45 million. Chair Suarez: I agree. Commissioner Spence -Jones: Yeah. Commissioner Carollo: So -- Commissioner Spence -Jones: And I just want to he clear, Commissioner Carollo. I thought that 1 explained it, you know, pretty clearly. You know, yes, you know, my recommendation was for the District 2 Commissioner, which, you know, was attached to this whale issue from a CRA perspective because he is the chairperson, he would have a little hit more information. Because, quite frankly, I wasn't getting the clear information that I felt I needed from the Administration to address the issue, so I felt that it was important fir us all to be a part of this debate or discussion before we made a major decision. So, personally, I think having, you know -- I know there's a question around him. Skyping in. 1 just think that, you know, that's crazy for us to try to do that. I think that ire all need to be on this dais having a discussion, not having Commissioner Sarnoff call from China. Ijust think that's -- to me, I think that's inappropriate. Chair Suarez: And if I may just talk about the timeline because I think -- interestingly, I don't think anything that we're actually saying up here from this side of the podium. is inconsistent. I think we all are cognizant of the fact that, number one, we have to do something. We cannot just do nothing okay, and we cannot -- that's number one. Because, like you said -- I think you correctly said that the City's existence is at risk here, so that's number one. And I think you articulated it very well at the budget hearing, and I'm 100 percent in agreement with you on that. I think -- we did not create -- we -- and when I mean we, I mean the people on this side of the dais did not create this crisis. We're tasked with solving the crisis; yet again, solving another one. So, you know, the fact of the matter is that this option was maybe discussed in June, maybe -- I'm not sure when it was supposedly discussed. But it was by the Administration's own documentation, by the pamphlet that they gave us, it was conceived of on August 31, 2012, which was in the middle of another RFP to a private equity option because they had essentially -- the City of Miami Page 72 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Administration, essentially, come to the conclusion, by and through legal counsel, that a public offering niay not he in our hest interest because of the pending SEC investigations, that going to a refinancing with Wells may not he advantageous because it may he more costly, and so they wanted to keep their options open. This option, which, if they had this option, should have been advanced months ago so that they could have dealt with this procurement issue timely. You know, it's something that, of course, comes like everything else: at the eleventh hour, and we're asked now to not go to a procured underwriter, not go to a person that we've had another procurement for, but yet piggyback on a procurement from another city to solve this issue. That's more to the substance of the actual matter. It's not really to whether there's five Commissioners or Ibur or three. It's just I'm veryfrustrated. And I've been dealing with this -- You know, the procurement that they hired a consultant to create and to evaluate and did on September 10, their bond counsel analyzed it on September 17, put questions to the sole responsive and responsible bidder in the procurement on September 24, which was a Monday. It was 22 questions. On September 26 that e-mail (electronic) was answered with most of the questions answered. On Septemher28, which was a corresponding Friday after a Commission meeting, the Administration decided that that option was not feasible in two days and had called for an emergency Finance Committee meeting the corresponding Monday and tried to get the entire Finance Committee together, which, by the way, in the three years I've been here, there's never been an emergency Finance Committee meet since I've been here. So all of a sudden, we have to call an emergency Finance Committee meeting. Before even briefing the Commissioners on what the recommendation o f the Administration is, they want to push through something on a Finance Committee on an emergency basis. 1 mean, this thing has been handled in a disastrous fashion, and it has put us in a very had predicament, and it's unfortunate that we're the ones that are tasked with solving it, and we will solve it, I'm confident of that, because we always have. We've always come through, we've always stuck together, and we've always made the right decision for the City, and this is going to he no different. We had a crisis with the budget; we got through it. You know, we had a crisis with Scotty's RFP; we got through it. Actually, that one we decided that it was just too much of a crisis and couldn't be done within the time frame allotted. So anyways, there's a motion and a second. Is there any further discussion on this? Commissioner Gort. Commissioner Gort: Never mind. Chair Suarez: All in favor -- Commissioner Gort: My understanding is, when this come back, my question -- I have a question to you. My understanding is, we've been working on this for the last three or four month; making a decision, what we believe to he the best recommendation, the best issue that can he done for the City ofMiami. Also, my understanding is, there's some individuals, that they feel they were not treated correctly. So the one reason I want to defer this 'cause I want you all to get all the information, all the questions that the Chairman has, we had. Chair Suarez: Thank you. Commissioner Gort: We want to have the question answered that the -- the responsibility and the liability of the City, how is that going to be taken care of. And they need to know all that. So, please, the only thing we refer on this so we can get -- everybody can have a chance to give their opinion, have the financial advisor again to get together with the other team and get all the numbers, put all the numbers together and come hack to us. Chair Suarez: And -- Commissioner Gort: And this has got to be done before December. Chair Suarez: I'll tell you one thing -- City of Miami Page 73 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Commissioner Gort: Thank you. Chair Suarez: -- specifically that I want, Mr. -- Commissioner. One thing that 1 specifically i-'ant is this term sheet that was just talked about today. That was the first time I hear about them flipping the note. I want to know on what terms they're going to flip the note. Commissioner Gort: That's for the 13th. My question is -- Chair Suarez: And I want it in writing. Commissioner Gort: -- this decision today will not delay the issuing of the bonds. Or whatever decision we take, it will be -- Ms. Lamed: No, sir. We -- Commissioner Gort: -- able to he done before December. Ms. Lamed: We continue to work diligently meeting the time frames. Yes. Commissioner Gort: And make sure you get information from all the parties and get our people working on it. Ms. Lathed: Correct. Commissioner Gort: Okay. Thank you. Mr. Martinez: Can I just say one thing? Chair Suarez: Yes. Mr. Martinez: This item -- and I don't -- I have to accept whatever the Commission says. This item only allows us -- keeps the path open for us to use an underwriter from the -- from -- Chair Suarez: And it doesn't close it. Mr. Martinez: -- a piggyback. All the discussions and questions and answers can still continue if this item were -- Chair Suarez: I understand. Mr. Martinez: -- approved or not approved. Chair Suarez: And it doesn't close it if it doesn't get approved. Mr. Martinez: Doesn't close it, right. Chair Suarez: So I mean, that's -- Mr. Martinez: I just wanted to -- Chair Suarez: Right. That's why you recommended to defer it. Mr. Martinez: I did. City of Miami Page 74 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Chair Suarez: Okay. So you're going to send me the term sheet on the rate and the terms that Wells -- Ms. Larned: Let me be -- Chair Suarez: -- Fargo wants to flip the note on, right? Ms. Larned: Mr. Chair, if I niay he -- Chair Suarez: Yes. Ms. Larned: -- perfectly clear, there is no term sheet -- Chair Suarez: That's what I thought. Ms. Larned: —.from Wells Fargo Bankflipping the short-term loan. Chair Suarez: That's what I thought. Ms. Larned: These are in conversations. Chair Suarez: Of course. Ms. Larned: This is where I have had numerous opportunities -- Chair Suarez: Right. Ms. Larned: -- to keep them encouraged, to motivated to be our safety net. Yes, sir. Chair Suarez: I'm sure they're motivated 'cause they're holding $45 million of debt. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: But with that said, if we do not do this on time, we have, I guess, a verbal -- I don't even want to say agreement, but let's say a verbal conversation that they will entertain, you know, the flipping of the note. However, realistically, if we do not do this in two months, the City is going to have to pay $45 million, which we have not budgeted. So I know there's been issues with the procurement and maybe it wasn't done to your satisfaction or our satisfaction, but the bottom line is and my point is -- Chair Suarez: And your point is well taken. Commissioner Carollo: -- we need to move forward. We need to see where we're at and move forward. And -- Chair Suarez: I agree. Commissioner Carollo: -- you know, I see now deferring, you know, it's going to he yet another two weeks; would then he two months before this note is due, and I really have issues with that. So, you know, I'm going to be voting no on the deferral. 1 think we need to move forward. And, again, I understand what has happened in the past, and I cannot, you know, control anything that happened in the past, but I'm looking forward. And looking forward, this Commissioner will not -- would definitely not he in a position saying that -- you know, asking for additional time or City of Miami Page 75 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 being pointed at as saving, listen, if would have taken action before, we could have got this done. Because the truth of the matter is that I think the Administration is very clear in which way they want to go forward, and I just think, realistically, we need to go forward. Chair Suarez: Yeah. And I think they've been going, forward on this nonprocured option for many months. So, I mean, I don't think them continuing to go forward on this nonprocured option for another couple of months -- I mean, I'm sorry, another couple of weeks is going to slow them down because they've been doing it for the last few months. The question isn't whether -- why -- you know, whether they've been doing, you know, nonprocured option for the last few months. The real question is, Why did we get to October without a solution to this problem when we've had two years to refinance this? Not six months, not a year. We've had two years to refinance this, two years, and now we're in a crisis. Commissioner Spence -Jones: Mr. Chairman. Chair Suarez: And that's the problem that 1 have. Commissioner Spence -Jones: Mr. Chairman. Chair Suarez: Yes. Commissioner Spence -Jones: First of all, I absolutely agree with you on your comments that you've made on this issue. Every single time -- I've been backfor a year, and I've had five emergencies since I've been hack. And I understand Commissioner Carollo's point, and I know we do have to make a decision -- Chair Suarez: I agree with him. Commissioner Spence -Jones: -- on this issue, but we find ourselves in this situation all the time. We -- same thing with Parrot Jungle, same thing happened. You know, we had to take care of it, we had to take care of it, and we held our position and we work ourselves through the issue. The other thing that I want to say 'cause I want to -- want Commissioner Carollo to know it's not that I'm not supporting his position on it. I just don't want to make irrational decisions. And at this point, 1 think having all -- as much information as possible, which I'm going to say -- and I know for a fact that Commissioner Sarnoff was very much involved in this process. I think that he can give us some very insightful information regarding this issue. And we should he making educated and informed decisions before we just do something just because we feel like there's an emergency. I do want to add to that: I don't have a problem with coming and having a special meeting next week, if you feel like -- Chair Suarez: I don't either. Commissioner Spence -Jones: -- two weeks are too long, just to address this issue. Chair Suarez: I don't have a problem with it either. Commissioner Spence -Jones: Not a problem, you know. But -- Chair Suarez: Makes two of us. Commissioner Spence -Jones: -- please don't put your colleagues in a position to just make a decision because at this point, we have no choice. You're right; I'm just one vote, but I'm going to he a very vocal vote on this because I think that we need the information, and I think we have made decisions in the past with lack of information. And it -- quitefrankly, rankly, if it was something that you were working on and you were very much engaged on and you were in India City of Miami Page 76 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 somewhere, I would be fighting for you to be here to at least put your position on the record. Commissioner Gort: Mr. Chairman. Chair Suarez: Okay. Commissioner Gort The last -- Chair Suarez: Sure. Commissioner Gort: When you come back, I want to make sure you have all the information from the bank in case we have to put plan B, which I know we're not going to have to. At the same time, I want to make sure our financial advisor and the bond counselor look at all the documents and we present all the documents from all the proposals that we have. The interest rate that they propose, what is all the legality, and how long it will take to get the deal done. Because the most important thing is this deal's got to be done before December. Okay. Chair Suarez: And by the way -- Commissioner Gort: And that's the information I'd like to have. Chair Suarez: -- in my briefing yesterday -- and this goes to 1 think a point that the Commissioner raised at the last Commission meeting. He had said that one of the options was going to take 60 days of due diligence, plus another 30 days to close. Interestingly, the latest information I got as of yesterday was that that option, which is the 90-dav option, was going to take 55 days to close, and that our current underwriter, Wells Fargo -- and maybe there was a subsequent conversation, because I know you were going to he on a phone call with them afterwards -- that they were going to -- that they were not going to be able to meet the timeline. That's what hand counsel said in my presence, that they were not going to he able to meet the timeline, that they needed more time to do their due dili -- You disagree with him in your defense. You vehemently disagreed with him on that position. But the fact of the matter is, there was disagreement among the team, and I know you were upset that it became, you know, vocalized, hut I'm glad that it was vocalized because I don't think you were -- well let me not put words in your mouth. Let me not put words in your mouth. The point is that bond counsel was saying, who is someone hired by the City, that the lender may not be able to close on schedule, basically, irrespective of what we did here today, irrespective of any action that was taken. So that was a total flip in terms of the information that we had been given up to that point, and that's part of my frustration with this whole process. Commissioner Carollo: And Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: And you're saying something that I was not aware of; so I want to ask point-blank 'cause I -- Listen, I don't want to he strung along with this. I want to know point-blank: Are we within the timeline to get this done or not? Or do we need to look at plan B and, you know what, forget about this long -tern and focus on plan B, which is going to cost the City more. It's going to be in a worse position. But the bottom line is, Are we in time to get this done, yes or no? M. Larned: Yes. Chair Suarez: Did bond counsel say what I said bond counsel said? Ms. Larned: We had a disagreement of -- a spirited discussion. City of Miami Page 77 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Chair Suarez: Right. Ms. Larned: Essentially, there are two pieces to that calendar. The first was those -- Chair Suarez: Let me ask you this way: Did I mischaracterize what bond counsel said in ottr briefing when he said that the bank was -- had informed him that they were going to have a hard time meeting --? Ms. Larned: No, you did not. Chair Suarez: Thank you. Ms. Larned: No, you did not. Chair Suarez: That's all I want to say. 1 don't want to get into a discussion back and forth. 1 don't want to rewrite history. I don't know what happened afterwards. You're welcome to discuss it with the Commissioner. What I was told at the end of my briefing was that bond counsel said that we may -- they -- that the bank was going to inform you in a subsequent call, and you were not happy about it, that they were not going to he able to meet the schedule. Now, I don't know what happened in this subsequent call, hut that was the last piece of information that 1 got on that issue, okay. Commissioner Gort: Look -- Ms. Larned: Mr. Chair. Chair Suarez: And 1 don't want to go back and forth on it. Commissioner Gort: -- this has been defer. You got a lot of questions that need to be answered and that's it. Ms Larned: Yes, sir. Commissioner Gort Okay. Ms. Larned: Yes, sir. Chair Suarez: But I just want you to know what I've been going through internally. Commissioner Carollo: Okay. And I have it as a discussion item, you know. I think we should, you know, vote on this. And then I'm going to be bringing it up as a discussion item 'cause I need to know. And if not -- if -- Mr. Manager, you know, I respectfully requested bond counsel does come before us and our financial advisors too because I need to know -- and I said this. I was very clear about it during the budget hearing. I need to know that we can make or we could refinance or go with a limited private bond or, you know -- The bottom line is, 1 need to be assured by this Administration -- and actually, I believe the district Commissioner has said that we will get this done, I think, and I think he said it publicly. So I want to know if we are in time to get it done or not, very simple. So if bond counsel needs to come, I respectfully request that they do come. I respectfully request that our financial advisors are also present. But the bottom line is, if there's information that no, we cannot get this done, then it's much major concern to me. Chair Suarez: Thank you. City of Miami Page 78 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Commissioner Carollo: Thank you. Commissioner Gort: People, we -- Commissioner Carollo: And I'm ready to vote. Commissioner Gort: -- got two option to be analyzed, and the best deal is the one that we'll make a move on, okay. Chair Suarez: There's a motion and a second on the deferral. All in favor, signify by saying aye." Commissioner Spence -Jones: Aye. Commissioner Gort: Aye. Chair Suarez: Aye. Commissioner Carollo: No. Chair Suarez: Please register Commissioner Carollo as a no. Dwight Danie (City Clerk): And that is to October 25. Chair Suarez: Correct. Ms. Lamed: Thank you. Mr. Danie: Thank you. Chair Suarez: Thank you. RE.14 RESOLUTION 12-01135 District3- A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY Commissioner Frank MANAGER TO INITIATE A METHOD OF GIVING TENANTS REASONABLE, Carollo SUFFICIENT AND TIMELY NOTICE IF THE BUILDING THEY RESIDE IN IS TO BE CLOSED OR DEMOLISHED BY THE CITY OF MIAMI SO THAT THEY CAN FIND ALTERNATE AND ADEQUATE HOUSING, PREFERABLY GIVING SAID NOTICE AT THE SAME TIME THAT NOTICE IS GIVEN TO THE BUILDING OWNER. 12-01135 Legislation.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-12-0387 Chair Suarez: So let's go to RE.14, ifI didn't miss anything. Yeah. Commissioner Carollo: Thank you, Mr. Chairman. Mr. Chairman -- City of Miami Page 79 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Chair Suarez: Yes. Commissioner Carollo: -- RE.14 is a resolution that l think, you know, starts definitely establishing letting everybody know that the City, although sometimes has to make difficult decisions, moves forward in a humane way or as humane as possible. Recently, there's been a few buildings that have been closed down and -- in the City of Miami, and more specifically in District 3, in Little Havana, where, unfortunately, some of the tenants has had to relocate. Now these buildings have been closed down by the City because of safety issues. Unfortunately, we have quite a few slum lords and some dilapidated buildings that is unsafe and unfit for a person to live. And what 1 have noticed is although it's something that is very difficult to do, because we are misplacing or displacing residents, the bottom line is it's for their safety. However, that does not mean that we cannot give them ample amount of notice that the building is very dilapidated, and although we're trying to work with the owners, it appears like there is no resolution and we're going to have to close the building down. So I noticed the last time that this occurred, which happened about a month ago, some of the tenants were never notified by the owners. And although the City notifies properly and legally the owners, a lot of times the tenants don't have ample amount of time because the owners don't explain the situation to the tenants, and many times they continue to pay their rent, and then when the City comes and closes down the building, they are displaced; they didn't get ample amount of time to look for another place. And although working with Haydee, Mariano, Assistant Director Cabrera, the Fire Department, we make sure that HANDs (Housing Assistance Network of Dade) or different programs that we have are there in case they need assistance. The truth of the matter is that on many occasions, 1 have seen where the residents feel like they did not receive ample amount of time. And in the latest building, it was, I think, three-day notice, and realistically, the problems had already been starting to be addressed with the owner many days, weeks -- and I don't know about month -- before the actual closure of the buildings. So I think -- in these situations -- and obviously, you know, the Administration has to use common sense. But in these situations where it's very apparent that in the near. future this building will end up having to be closed down, for safety reasons, I think that we should give notice to all the tenants so they, in addition to the owners, know the situation and they can start preparing instead of paying their rent and then, all of a sudden, they don't have a place to go and say, Well, wait a second. The money that had for rent, I just paid it to the owners and I'm not going to get that money hack Chair Suarez: Can't move, yeah. Commissioner Carollo: So 1 think it's something very humane. And again, the intent is, you know, to give notice or knowledge to the tenants as well as when we do it to the owners. Chair Suarez: And real quick, ifI may. Mariano -- First of all, I completely agree with the intent of this resolution, and 1 don't know if the way I'm going to say what I say is exactly the language what you would like and I think -- I hope it is. Because I think what I've learned through the whole unsafe structure process is that it's a process and I think the -- where it's breaking down with these multifamily buildings is that, as you mentioned, the notice goes to the owner and not necessarily the tenant. And in a foreclosure, for example, if it's a traditional foreclosure, you have to notify not only the owner of the property, but you have to notify the tenants. You have to give them notice that there's a foreclosure. So maybe the solution is to modify our ordinance, if it's an ordinance, it's a state law -- 'cause I don't know if it's through the Building Code or what. But if it's a modified ordinance so that the individual apartment units -- the tenants in a multifamily dwelling receive notice of the entire procedure as that procedure comes to fruition -- because it's correct what the Commissioner was saying. If the owners are not being responsible -- and by the way, if they were responsible, it wouldn't have gotten to that condition in the first place, you know. We have to assume they're not responsible because it wouldn't have -- the building would have never deteriorated to that condition, so let's assume that they're not responsible. And when we have to send unsafe structure notices, let's send them out -- I think we should codes sending them out not only to the building owner but to the actual City of Miami Page 80 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 residents themselves. Mariano Fernandez: Mariann Fernandez, Building director. Mr. Chairman, Commissioners, we hear loud and clear the direction of the City Commission. And we have implemented, as last week; a new procedure where, in cooperation with the Law Department, when we notify each one of the owners of the 60-day repair or demolish part of the process, which give us at least six months before any demolition could happen or any removal of anybodv in the streets or in the -- from their houses, we're going to notify and post every single tenant, in addition to send the certified and mail receipt to the owners. And the building we're going to do door by door and post each one of the tenants, giving them. at least 60 days before any procedures happen. After that we still need to go to the 72 hours, another procedures, but they're going to receive written notification. Chair Suarez: And is that going to he codified? Because I think -- I mean -- Mr. Fernandez: It is part of the procedure -- Chair Suarez: I trust you to do it. Mr. Fernandez: -- that we follow. At one time it was removed because the Commission at one time said that we were truing to go a little hit too far and we were creating more prrohlems. But at this point and because of the things that happen in the latest cases, I think -- and we agreed with the Commission right now so we're going to implement and change the procedure. It has been changed since last week already. Chair Suarez: Okay. Commissioner Carollo: And Mr. Chairman, if 1 may. Chair Suarez: Go ahead. (UNINTELLIGIBLE). Commissioner Carollo: And I know what you're saying because -- Chair Suarez: Yeah. Commissioner Carollo: -- bringing up the resolution, I -- we thought, do we codify it or not? So I know where you're heading with that. And I had a meeting last week with Mariano, the Manager -- Mariano -- I'm sorry, Mr. Fernandez, Ms. Wheeler, the Fire Department, the Police Department, everyone that is involved whenever one of these closure of the buildings are. We contacted the City Attorney by phone also. And again, the intent is to make sure that we give notice to all the tenants. And Mr. Fernandez was, you know, very helpful in saying, Commissioner, yes, if Legal's okay with it, we will move on this right away. At the same time, the way the resolution is worded -- and Ijust want to make sure that we had something already, you know, because -- Chair Suarez: I agree. Commissioner Carollo: -- we were discussing yet maybe another building. So right away, I want to make sure that we already had something. So the way -- Commissioner Gort: Mr. Chairman. Commissioner Carollo: -- this is written, the resolution, this says for the Manager to initiate a method of giving tenants reasonable, sufficient, and timely notice if the building they reside is to be closed, demolished, et cetera. At the same time -- and I want to make sure my colleagues City of Miami Page 81 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 know -- if it's something that it's in eminent danger, then -- Mr. Fernandez: Correct. Commissioner Carollo: -- obviously, this will not apply. They -- and that's why I said, obviously, the Administration has to use common sense because if it's something that's eminent danger -- which, by the way, has not occurred in, you know, quite a bit. These buildings, all these buildings that were closed down, again, in District 3, there was ample amount of time that someone from the Administration knew that there are issues. I mean, I know for one -- at least one of them, they had seven, eight months' notice, more or less, and then itjust got to the point that they had to close it down. So, again -- and maybe that's something that we come back and actually codibi it, but that's why it's written this way so we already start making a move in the right direction, letting everybody know that, listen, some of these decisions are hard, but they're necessary because it's life safety. However, we're trying to be as humane as possible and let all the tenants know so they could make adequate arrangements. And at the same time, that still does not mean that, you know, we cannot help with the HANDS program or different programs that we have. Chair Suarez: Commissioner Gort. Mr. Fernandez: Mr. Chairman, may I add one thing? Chair Suarez: Yeah, of course. Mr. Fernandez: There is a couple of situations where -- and we discussed with the Commissioner during the briefing -- that we have our hands tied by the Florida Statute. The fire marshal -- if there is a life safety situation, he has -- Commissioner Carollo: Right. Mr. Fernandez: -- four hours to vacate the building and so is the building official. So only in those cases -- pero normally when it happen in that case, we already have notified by two months in advance. Chair Suarez: Yeah. Mr. Fernandez: And that's why I think the Commissioner is -- Chair Suarez: And I think what we all agree is that this is a process. Commissioner Gort: That was my question because I want to see the liability if —anything happens to any of the tenants at that time, if we are responsible or liable for it. So I think it's very important that if they cannot be there because the fire marshal says they can't be there -- Commissioner Carollo: Right. Commissioner Gort: -- they have to go. Mr. Fernandez: You're rest assured, if the building official or fire marshal of the City of Miami sees a life safety situation, all bets are off. Commissioner Gort: Okay. Mr. Fernandez: We need to remove the people from the premises. City of Miami Page 82 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Chair Suarez: Thank you. Commissioner Carollo: Exactly. Commissioner Gori: Thank you. Chair Suarez: Commissioner. Commissioner Spence -Jones: First of all, let me commend Commissioner Carollo for this wonderful legislation. Commissioner Carollo: Thank you. Commissioner Spence -Jones: See, I gave you an accolade, right? But I do want to say -- 'cause Mariano, we just had an incident just most recently in Liberty City. As a matter of fact, I know the paper covered it. And the same issue that you're speaking of is exactly what we're addressing. So I'm glad that we are at least putting some sort of legislation in place to address it. So I just wanted to commend you for that. The notice itself, however, will be a notice that will just kind of be placed in -- posted somewhere in the buildings, or is this -- would this be like an individual notice for each person? Victoria Mendez (Assistant City Attorney): Well, that's what I wanted to clarify Commissioners. Please note that every time the City does something with regard to demolitions, the building is posted. It's not like we just notice the owner and the building is not posted. At every step of the way, the building is posted with notice. However, Mariano -- Mr. Fernandez has said that in addition to that, he will post the doors of the tenants -- Commissioner Spence -Jones: Oh, okay. Ms. Mendez: -- which that shouldn't be a problem just posting them. But I would caution you in codifying certain things that would put additional burdens on the City to be able to deal with these types of abandoned properties or properties that are being inhabited when they shouldn 't he. The other issue is cost. Definitely, we can post because when an inspector goes out, what's another 30 minutes in going and taping each door with the same notice that was posted outside or slipping it under a door, behind a gate. But hopefully, there won't be additional cost in certified mail and things of that nature because then it's more costs as well and then it'll put an additional burden. But this is definitely a good step in having a process to assist the tenants, but if it's a mandatory thing, it might inhibit certain life safety things that may come up. Commissioner Carollo: Mr. Chairman. Commissioner Spence -Jones: Yeah. I think you guys kind of addressed that. Chair Suarez: Yes. Commissioner Carollo: Yes. Commissioner Spence -Jones: That was already addressed, right? Commissioner Carollo: Yes. And addressed that because -- and that was one of the reasons -- and like I said, we discussed this in, you know, ample amount of time with everyone present and that's why we felt that going with a resolution was better. However, 1 mean, we can codify it, but we went with a resolution because I think the City Administration has the intent of doing the right thing. And even as far as cost, you know, I stress common sense, you know, because in a lot of these apartments we discussed, we could just knock on their doors and speak to them. City of Miami Page 83 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Sometimes when you post in the building, the tenants really are not paying attention or, What's this about? Oh, don't worry about it. It's no big deal, the owner will tell them. So I just think we need to take that extra step. And I'm getting this from people that have been displaced, you know. I'm listening to the issues that they went through. So -- and I'm trying -- and I spent a lot of hours in discussing with the Administration to see, Hey, how can we address their issues. The last thing I want to see is, you know, a mother with young children saying, They're closing the building. We need to leave. I don't really have a place to go. I really don't want to go to a shelter and I haven't been given enough notice when, realistically, we told the owner about the issue 60 days ago. So that's my intent. I don't think we have to go crazy with it. 'just think that we need to be prudent and act accordingly, you know. All it is is information. Information is power. Chair Suarez: Right. Commissioner Carollo: So if we could, you know, inform the tenants at the same time, you know, 1 think it will make the City a lot more humane. It will give the residents, you know, the ability to see other options. Chair Suarez: Yeah. And I think -- and let me -- and then we'll go this way. I think the cost, if any, is negligible because you're talking about a piece of paper that you just put another one on another door. And I actually, coincidentally, was driving -- I guess it was -- I think it was Flagler, when the building was actually being evacuated. Commissioner Carollo: Yes. Chair Suarez: And it was heart -wrenching -- Commissioner Carollo: Yes. Chair Suarez: -- to see, you know, the furniture of people stacked up next to the building and the people, you know -- and so, to me, you know, I think we need to go above and beyond because they're human beings -- Commissioner Carollo: Exactly. Chair Suarez: -- you know, and that's the most important thing. At the end of the day, we're here to serve our residents. And if that creates a slight additional burden to us of more paper or a little hit more, you know, manpower to go the extra mile, I thank what the Commissioner is saying is we need to go the extra mile. Commissioner Carollo: Absolutely. Chair Suarez: So thank you. Mr. Fernandez: You're welcome. Chair Suarez: Commissioner -- I'm sorry. Commissioner Gort: Let me ask you a question. I know we accommodate some of these individual and we find facility for them. Can we charge the property owner,* those services that the City provides? Mr. Fernandez: The entire services are charged -- Commissioner Gort I mean, get reimbursed -- City of Miami Page 84 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Mr. Fernandez: -- (UNINTELLIGIBLE) reimburse. Commissioner Gort: -- far all the transaction, especially for housing the individuals that not in there. Commissioner Spence -Jones: I love that. That's a great idea. That was -- I was going to piggyback on that comment. Ms. Mendez: We can definitely research to see if that could be as part of a special assessment -- Commissioner Gort: I would like to see that taking place. Ms. Mendez: -- because it's the same idea. Commissioner Gort: 'Cause some of those slumlords will learn that there's a consequence to being that. Commissioner Spence -Jones: Yeah. Chair Suarez: So there's a -- Ms. Mendez: We'll definitely research. Chair Suarez: -- motion and a second. Commissioner Spence -Jones: Mr. Chairman, I just want to -- Chair Suarez: Yes, of course. Commissioner Spence -Jones: I see Haydee here. And this -- Haydee, I want to thank you guy -- both you guys, Mariano and Haydee, on this Liberty City issue where we have the same thing that you just talked about. And I believe the Miami Times did a whole big story on that building. The biggest issues, though, is -- and we know this -- once you post it and you put that information up, somehow it becomes or gets -- it goes into the laps of the City. So that means, you know, the tenants that are living in those buildings, they're not listening necessarily to the owners of those buildings. Now they start calling us because, at this point they're expecting for us to save them in this situation. And we know that our resources already are stretched with even trying to place these individuals or finding places for them to go temporarily, correct? Haydee Wheeler (Director, Neighborhood Enhancement Team): Correct. Commissioner Spence -Jones: So I think that Commissioner Gort's recommendation about the assessment is extremely important. But I think that there should also be just an overall plan put in place between Building and between NET on, you know, making sure people can transition out of that building. There needs to be some system put in place because as soon as you start putting those notes up, they're going to start calling the district Commissioner of those areas saying, I have nowhere to go. The City put a notice. And it somehow becomes, The City's putting us out. I'm just telling you. That's what -- you know that's what it's going to become. So we just need to make sure that there's a system that's triggered when that happens that the individuals know they can call their local whoever, you know. We just need to have that system put in place. And adding the assessment 1 think is great, but you got to give people the next steps. Because if 1 come home and I got three babies that I'm trying to raise and this is all -- only thing that I can afford to live in and I have -- now I have a notice on my door that the building's going to he closed in the next 30 days, who do Igo to? And that's -- I always -- sometimes when we pass City of Miami Page 85 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 laws, we got to think about the human side of it. So I really want to make sure that we give the next step, you know. There's a process in which people go through, so please, let's consider how we do the transition. Ms. Wheeler: Definitely, Commissioner. Haydee Wheeler; director of NET (Neighborhood Enhancement Team). That is the sensitivity issue of when we do have to go out there. We do work together. We actually call it a committee. We have all the departments responding. Unfortunately, sometimes the only assistance that we have in that moment would be a shelter. And as you know, some families do not want to accept shelters. Presently, there's some money available in HANDS. There's restrictions, so we do have a plan of action when we do go out there. And most of them don't want to move. They don't vivant to leave. In the case that you were talking Liberty City -- and I think I have to say with my colleagues, when the City goes out there, we don't want to empty the building out. We don't want them to move. We want the owner to comply, so that is our first plan of action, getting them to comply, which was the case in Liberty City with the water being connected. But you can he assured that we always go out there trying to get a plan. for them, where to move. And 111 look into the reimbursement. As you know, that's the money that we get from the grants. We can definitely give a cost to the Law Department and put it on the lien and get it reimbursed hack to the grant. Commissioner Spence -Jones: Yeah. But lthink what he's -- Commissioner Gort is taking an extra -- taking it to a next -- another level, which is, yes, we have the grants, hut we already know those dollars are tight and they run out really, really fast. 1 love the idea of adding the assessment 'cause now we can begin to make those building owners also responsible so they're paying into this as well from the transition standpoint. So I think it's extremely -- I'm just saying the people's standpoint, not the paper, but the people's standpoint, what is the process after I get the notice on my door? Who do I call, okay? What is the steps after that? I think it's really important far us to put that in place. Ms. Wheeler: Definitely. Well prepare that. Chair Suarez: Thank you. So there's a motion -- There's not a motion? Commissioner Gort: Move it. Commissioner Carollo: I move it. Chair Suarez: I'm going to allow Commissioner Carollo to make the motion on his resolution. Is there a second? Commissioner Gort: Second. Commissioner Spence -Jones: Second. Chair Suarez: Second by Commissioner Gort. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Chair Suarez: We have -- Commissioner Carollo: Thank you. Chair Suarez: Thank you. Thank you, for bringing it. That was a very good idea. END OF RESOLUTIONS BOARDS AND COMMITTEES City of Miami Page 86 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 BC.1 12-01100 Todd Hannon (Assistant City Clerk): And then ifI could get a motion for all the other continued board items. Commissioner Carollo: Move it. Chair Suarez: Moved -- Commissioner Gort: Second. Chair Suarez: -- and seconded. All in favor, signify by saying /lye. " The Commission (Collectively): Aye. Mr. Hannon: Thank you, Commissioners. Chair Suarez: And the mover there was Commissioner Carollo, and the seconder was Commissioner Gort. Mr. Hannon: Yes, sir. Chair Suarez: Okay, so that was pretty good. That was very efficient. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Marie Vickles Commissioner Michelle Spence -Jones 12-01100 Arts CCMemo.pdf 12-01100 Arts Current_Board_Members.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Spence -Jones R-12-0383 Chair Suarez: Do you think we can do the hoards and committees quickly? Commissioner Carollo: I think so. Chair Suarez: Okay, good. Five minutes, Todd. You got five minutes. It's 2:43. Todd Hannon (Assistant City Clerk): Good afternoon, Commissioners. BC.1, Arts and Entertainment Council. Commissioner Spence -Jones -- there's one appointment to make by Commissioner Spence -Jones, and she'll be appointing Marie Vickles. Chair Suarez: She won't he here for the afternoon is my understanding so -- City of Miami Page 87 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Mr. Hannon: Yes, sir. I'ni -- Chair Suarez: -- we're just proffering her name. Mr. Hannon: Could proffer -- yes. Chair Suarez: Okay. Mr. Hannon: I'll be proffering on her behalf: Chair Suarez: Does someone make a motion to accept that? Commissioner Gort: Move it. Chair Suarez: Moved by Commissioner Spence -- by Commissioner Gort. Commissioner Carollo: Second. Chair Suarez: Second by Commissioner Carollo. All in favor, signify by saying /. ye. " The Commission (Collectively): Aye. BC.2 RESOLUTION 12-01101 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Jose A. Reisco Commissioner Frank Carollo Carol Gardner Commissioner Michelle Spence -Jones 12-01101 Audit CCMemo.pdf 12-01101 Audit Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Spence -Jones R-12-0384 Chair Suarez: BC.2. Todd Hannon (Assistant City Clerk): Audit Advisory Committee. Commissioner Spence -Jones will be appointing Carol Gardner. All other appointments will be continued. Commissioner Carollo: No. Mr. Hannon: Audit Advisory Committee. I'm sorry, sir. City of Miami Page 88 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Commissioner Carollo: I'm -- yeah. I'm showing that 1 have an appointment. And 1 want to rename Jose -- Mr. Hannon: Oh. Yes, sir. Commissioner Carollo: -- the same person that is sitting there. Chair Suarez: So the motion is for Jose -- Commissioner Carollo: Pepe'Reisco. Chair Suarez: -- Pepe'Reisco and for Carl [sic] Gardner. Mr. Hannon: Carol Gardner. Yes, sir. Chair Suarez: Carol Gardner, I'm sorry. It's a motion. Is there a second? Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. All in favor, signify by saying ltye. " The Commission (Collectively): Aye. BC.3 RESOLUTION 12-01102 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Marie Louissaint Commissioner Michelle Spence -Jones Alex Cardenas Commission -At -Large 12-01102 Bayfront Park CCMemo.pdf 12-01102 Bayfront Park Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Spence -Jones R-12-0385 Chair Suarez: BC.3, or do you --? Do you want to take them in order? Is that what we're --? Todd Hannon (Assistant City Clerk): Yes, sir. Chair Suarez: Okay, BC.3. Mr. Hannon: Bayfront Park Management Trust. Commissioner Spence -Jones will he appointing Marie Louissaint, and Commissioner Carollo would like to reappoint the at -large appointee, who is Alex Cardenas. City of Miami Page 89 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Commissioner Carollo: So move. Chair Suarez: Moved by Commissioner Carollo. Is there a second? Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. All in favor, signify by saying Itye. " The Commission (Collectively): Aye. BC.4 RESOLUTION 12-00286 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 12-00286 CRB CCMemo.pdf 12-00286 CRB Current_Board_Members.pdf NOMINATED BY: Chairman Francis Suarez Vice Chairman Marc David Sarnoff Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Michelle Spence -Jones Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Spence -Jones Chair Suarez: BC.4. Todd Hannon (Assistant City Clerk): BC.4 is -- oh, I'm sorry, sir. BC.4 is going to be continued. The nominating committee for the CRB (Community Relations Board) will be meeting next week, so you should have names to select from in the near future. So BC.4 is going to be continued. BC.5 RESOLUTION 12-00433 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. City of Miami Page 90 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 APPOINTEES: NOMINATED BY: Constance Gilbert Commissioner Michelle Spence -Jones Gwendolyn Dickson Commissioner Michelle Spence -Jones 12-00433 CSW CCMemo.pdf 12-00433 CSW Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Spence -Jones R-12-0386 Todd Hannon (Assistant City Clerk): BC.5, Commission an the Status of Women. Commissioner Spence -Jones is going to be appointing Constance Gilbert and Gwendolyn Dixon, with all other appointments being continued. Chair Suarez: Is there a motion? Commissioner Carollo: Move. Chair Suarez: Moved by Commissioner- -- Commissioner Gort: I'll second, but I want to discuss a little bit about that. Chair Suarez: Moved by -- Commissioner Gort: Who's responsible for the -- is there staff assigned to all those boards? Is there staff assigned to the Status of Women board? Mr. Hannon: Excuse rne, Commissioner -- Commissioner Gort: Okay, I'd like the -- whoever is the staff assigned to that board, I would like to meet with them. Okay, thank you. Chair Suarez: There's a motion and a second. All in favor, signify by saying aye." The Commission (Collectively): Aye. BC.6 RESOLUTION 12-00289 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FORA TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Constance Gilbert Commissioner Michelle Spence -Jones City of Miami Page 91 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 12-00289 CTAB CCMemo.pdf 12-00289 CTAB Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Spence -Jones R-12-0396 Chair Suarez: BC.6. Todd Hannon (Assistant City Clerk): BC.6, Community Technology Advisory Board. Commissioner Spence -Jones will he appointing Constance Gilhert, with all other appointments being continued. Commissioner Carollo: Move it. Chair Suarez: Moved by Commissioner Carollo. Second? Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. All in favor, sign j5' by saying / ye. " The Commission (Collectively): Aye. BC.7 RESOLUTION 12-01037 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE EDUCATION ADVISORY BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Wifredo (Willy) Gort 12-01037 EAB CCMemo.pdf 12-01037 EAB Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Spence -Jones Chair Suarez: BC.7. Todd Hannon (Assistant City Clerk): BC.7 will be continued. Commissioner Carollo: Move it. Chair Suarez: Moved by Commissioner Carollo. Is there a second? Commissioner Gort: Second. City of Miami Page 92 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Chair Suarez: Second by Commissioner Gort. All in favor, signify by saying lye." The Commission (Collectively): Aye. BC.8 RESOLUTION 12-01038 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Emanuel Washington Commissioner Michelle Spence -Jones 12-01038 EOAB CCMemo.pdf 12-01038 EOAB Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Spence -Jones R-12-0397 Todd Hannon (Assistant City Clerk): BH.8, Equal Opportunity Advisory Board. Commissioner Spence -Jones will he appointing Emanuel Washington, with all other appointments heing continued. Commissioner Carollo: Move it. Chair Suarez: Moved by Commissioner -- Commissioner Gort: Second. Chair Suarez: -- Carollo, second by Commissioner Gort. All in favor, signify by saying aye." The Commission (Collectively): Aye. BC.9 RESOLUTION 12-00814 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Fausto Alvarez Commissioner Wifredo (Willy) Gort 12-00814 Finance CCMemo.pdf 12-00814 Finance Current_Board_Members.pdf City of Miami Page 93 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnotf and Spence -Jones R-12-0398 Todd Hannon (Assistant City Clerk): BC.9 is going to be continued. Chair Suarez: Does that --? That doesn't have to he moved, does it? Mr. Hannon: No, sir. We can do it all at the end. [Later...] Mr. Hannon: But let me come hack before we do a motion for all the continuances, to the Finance Committee. Chair Suarez: T'm going to give you the five minutes. You got it in five minutes, let me tell you. You deserve to get the five-minute prize there. Mr. Hannon: Commissioner Gort, you had someone in mind for the Finance Committee? Commissioner Gort: Yes. I'd like to nominate Fausto Alvarez. Commissioner Carollo: Second. Chair Suarez: Moved and seconded. All in favor, signify by saying "aye. " The Commission (Collectively): Aye. BC.10 RESOLUTION 12-01039 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: Joe Simmons, Jr. (AFSCME 871) Ron Thompkins (AFSCME 871) AT -LARGE AT -LARGE 12-01039 GESE CCMemo.pdf 12-01039 GESE Current_Board_Members.pdf 12-01039 GESE Appointment Memos from AFSCME 871.pdf 12-01039 Submittal- Additional Back-up.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 94 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Spence -Jones R-12-0399 Chair Suarez: BC.10. Todd Hannon (Assistant City Clerk): BC.10. Chair Suarez: There's no appointments on that one, is there? Mr. Hannon: The General Employees and Sanitation Employees Retirement Trust, there is a summary sheet being distributed. There are two selections to he made to the GESE (General Employees Sanitation Employees) Trust. AFSCME (American Federation of State, County and Municipal Employees) Local 871 has selected one trustee, for Commission ratification, whose name is Joe Simmons, Jr. AFSCME Local 871 has also selected one trustee for Commission consideration and approval, whose name is Ron Thompkins. Commissioner Carrillo: Move it. Chair Suarez: Moved by -- Commissioner Gorr Second. Chair Suarez: -- Commissioner Carrillo, second by Commissioner Gort. All in favor, signify by saying aye." The Commission (Collectively): Aye. BC.11 RESOLUTION 11-00997 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Francis Suarez Vice Chairman Marc David Sarnoff Commissioner Frank Carollo 11-00997 Health CCMemo.pdf 11-00997 Health Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Spence -Jones Chair Suarez: BC.11. Todd Hannon (Assistant City Clerk): BC.11 is going to he continued. City of Miami Page 95 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 BC.12 RESOLUTION 12-01120 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE/CATEGORY: NOMINATED BY: David Freedman Commissioner Frank Carollo (Business/Finance/Law - Category 6) 12-01120 HEP CCMemo.pdf 12-01120 HEP Current_Board_Members.pdf 12-01120 HEP Application Summary.pdf 12-01120 HEP Applictions.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Spence -Jones R-12-0400 Todd Hannon (Assistant City Clerk): So we'll move on to BC.12, Historic and Environmental Preservation Board. Commissioner Carollo will be appointing David Freedman. Commissioner Carollo: Correct. Commissioner Gort: Move it. Commissioner Carollo: Second. Chair Suarez: Moved and seconded. All in favor, signify by saying aye." The Commission (Collectively): Aye. BC.13 RESOLUTION 12-01036 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chairman Marc David Sarnoff Commissioner Frank Carollo Commissioner Michelle Spence -Jones City of Miami Page 96 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 12-01036 Homeland CCMemo.pdf 12-01036 Homeland Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnolf and Spence -Jones Chair Suarez: BC.13. Todd Hannon (Assistant City Clerk): BC.13 is going to he continued. BC.14 RESOLUTION 12-01099 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE MAYOR'S INTERNATIONAL COUNCIL FORATERM AS DESIGNATED HEREIN. BC.15 12-00834 Office of the City Clerk APPOINTEE: NOMINATED BY: Sergio Escobar Mayor Tomas Regalado 12-01099 MIC CCMemo.pdf 12-01099 MIC Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Spence -Jones R-12-0401 Todd Hannon (Assistant City Clerk): So we'll move on to BC.14, Mayor's International Council. There is one appointment to he made by Mayor Regalado. And the Mayor will he appointing Sergio Escobar. Commissioner Carollo: Move it. Chair Suarez: Moved by -- Commissioner Gort: Second. Chair Suarez: -- Commissioner Carollo, second by Commissioner Gort. All in favor, sign' by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI SPORTS AND City of Miami Page 97 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 EXHIBITION AUTHORITY FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Frank Carollo 12-00834 MSEA CCMemo.pdf 12-00834 MSEA Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Spence -Jones Todd Hannon (Assistant City Clerk): BC.15 is going to be continued. BC.16 RESOLUTION 12-01043 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. BC.17 12-00862 APPOINTEES: NOMINATED BY: Chairman Francis Suarez Vice Chairman Marc David Sarnoff Commissioner Frank Carollo City Manager Johnny Martinez 12-01043 PRAB CCMemo.pdf 12-01043 PRAB Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Spence -Jones Todd Hannon (Assistant City Clerk): BC.16 is going to be continued. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PLANNING, ZONING AND APPEALS BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Jennifer Ocana Barnes Vice Chairman Marc David Sarnoff City of Miami Page 98 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 12-00862 PZAB CCMemo.pdf 12-00862 PZAB Current_Board_Members.pdf 12-00862 PZAB Applications.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Spence -Jones R-12-0395 Todd Hannon (Assistant City Clerk): BC.17, Planning, Zoning and Appeals Board. Vice Chair Sarnoff has requested that one Commissioner proffer the name Jennifer Ocana Barnes on his behalf Commissioner Carollo: Move it. Commissioner Gort: Second. Mr. Harmon: The other -- and the other appointment will be continued. Chair Suarez: Moved and seconded. All in favor, signify by saying aye." The Commission (Collectively): Aye. Commissioner Carollo: And by the way, 1 do have someone from the PZAB (Planning, Zoning and Appeals Board) Board, except it needs a four -fifth waive, and therefore, we have to continue it. Chair Suarez: We can't do it today. Commissioner Carollo: Right. Chair Suarez: Okay. Commissioner Gort: And I have someone for the Finance Committee. Chair Suarez: Can we do it at the next Commission meeting so we don't have to --? Commissioner Carollo: Yeah. Chair Suarez: Can we do it at the next Commission meeting so we don't have to wait for him to put his appointee on? Mr. Hannon: We can put it on -- Chair Suarez: Yeah. Mr. Hannon: -- far the -- Chair Suarez: Let's do that -- Mr. Hannon: -- October 25 meeting. Yes, sir. City of Miami Page 99 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Chair Suarez: -- so that the Commissioner can get -- Commissioner Carollo: Thank you. Chair Suarez: -- his representation quickly. Commissioner Carollo: Thank you. BC.18 RESOLUTION 12-00300 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Neil Hall Commissioner Michelle Spence -Jones 12-00300 UDRB CCMemo.pdf 12-00300 UDRB Current_Board_Members.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Spence -Jones R-12-0402 Chair Suarez: BC.18. Todd Hannon (Assistant City Clerk): Commissioner Gort, we'll come back to the Finance Committee, if you just give me -- Commissioner Gort: Okay. Mr. Hannon: -- a second, sir. BC.18, Urban Development Review Board. Commissioner Spence -Jones will be appointing Neil Hall, with all other appointments being continued. Commissioner Gort: Move it. Commissioner Carollo: Second. Chair Suarez: Moved and seconded. All in favor, signify by saying aye.." The Commission (Collectively): Aye. BC.19 RESOLUTION 12-00837 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. City of Miami Pane 100 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 DI.1 12-00657 APPOINTEES: 12-00837 WAB CCMemo.pdf 12-00837 WAB Current_Board_Members.pdf NOMINATED BY: Chairman Francis Suarez Chairman Francis Suarez Vice Chairman Marc David Sarnoff Commissioner Michelle Spence -Jones Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Samoff and Spence -Jones Chair Suarez: BC.19. Todd Hannon (Assistant City Clerk): BC.19 is going to be continued. END OF BOARDS AND COMMITTEES DISCUSSION ITEMS DISCUSSION ITEM DISCUSSION CONCERNING THE CITY'S ADOPTION OF ATICKET POLICY UNDER WHICH PUBLIC, COMMUNITY BENEFITS, OR COMPLIMENTARY TICKETS OBTAINED THROUGH CONTRACTUAL NEGOTIATION OR OTHER EXERCISE OF PUBLIC AUTHORITY MAY BE DISTRIBUTED FOR ANY PERMISSIBLE PUBLIC PURPOSE, CONSISTENT WITH THE GUIDELINES PROVIDED BY THE MIAMI-DADE COUNTY COMMISSION ON ETHICS AND PUBLIC TRUST. 12-00657 Summary Form.pdf 12-00657 Memo - Citywide Ticket Policy.pdf 12-00657 Memos - Miami -Dade County 10-11-12.pdf 12-00657 Backup Information 06/28/12.pdf SPONSORS: OFFICE OF THE CITY MANAGER OFFICE OF THE CITY ATTORNEY Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Spence -Jones Chair Suarez: Okay, is there -- D1. -- do you want to just go in order, or is there anything you want to take? D1.1 [sic]. Johnny Martinez (City Manager): Commissioner, that's the ticket pal -- City of Miami Pane 101 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Chair Suarez: Yes. Mr. Martinez: 1 would prefer to defer it 'til all five Commissioners are here since it affects everyone. Chair Suarez: Understood. Commissioner Carnllo: Move to defer to what date, Mr. -- Chair Suarez: Do we have to do that? Commissioner Carnllo: -- Manager? Mr. Martinez: November. Commissioner Carnllo: Okay. Mr. Martinez: First meeting in November. Commissioner Suarez: Okay. Commissioner Carnllo: Defer to the November meeting. Mr. Martinez: Yes. Commissioner Gort: Second. Chair Suarez: Moved and seconded. All in favor, signify by saying aye." The Commission (Collectively): Aye. DI.2 DISCUSSION ITEM 12-00962 Ciry Commission SELECTION OF TOP FIVE (5) CANDIDATES - CITY CLERK 12-00962 Cover Page.pdf 12-00962 Job Bulletin - City Clerk.pdf 12-00962 City Clerk Recruitment Summary.pdf 12-00962 Betancur, Daryl -Application Detail.pdf 12-00962 Bradrick, Diana -Application Detail.pdf 12-00962 Danie, Dwight S. - Application Detail.pdf 12-00962 Hannon, Todd B. -Application Detail.pdf 12-00962 Latimore, Pamela V. -Application Detail.pdf 12-00962 Nieves, Queenester - Application Detail.pdf 12-00962 Santamaria, Erika -Application Detail.pdf 12-00962 Shedd, Sheila P. -Application Detail.pdf 12-00962 Eisenberg, Alan P. -Application Detail.pdf 12-00962 Olson, James N. -Application Detail.pdf 12-00962 Marsie-Hazen, Judith E. -Application Detail.pdf 12-00962 Min, Barnaby - Application Detail.pdf 12-00962 Philippe, Paulette - Application Detail.pdf City of Miami Pane 102 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnotf and Spence -Jones Note for the Record.: Item DL2 was deferred to the October 25, 2012 Commission Meeting. Chair Suarez: I mean, a lot of this stuff, like, for example, selection of the top five candidates for the City Clerk -- I have an idea, hut I don't know that we want to -- Commissioner Carollo: My problem with DL2 -- and Iguess we're put in a situation that I'm not sure what will be the best -- Chair Suarez: Recourse. Commissioner Carollo: Yeah. Because are we in a timeline? Do we have to make the five appointments today, Ms. Pruitt -- Director Pruitt, I'm sorry. In our timeline, we are supposed to make our selections today? Beverly Pruitt: Beverly Pruitt, Human Resources director. On the timeline that was approved, it was September 27, in which the five candidates would he selected. And through this month until December, you would be doing interviews and reconciling the person you would like to have for the final appointment for the date in the December meeting. Commissioner Carollo: And what you're saying is that this is our top five so we could start interviewing those people. But if we know which ones --? Chair Suarez: Can I make a suggestion? Commissioner Carollo: Sure. Chair Suarez: Let me see ill can help a little hit. When we did the auditor general, your office whittled down the number of candidates to five. And then we went from. five, I believe, to three, if I'mnot mistaken, and then we made a choice. Ms. Pruitt: It was actually a committee appointed by the Commission that -- Chair Suarez: Right. Ms. Pruitt: -- decided on the final. Chair Suarez: I don't think we have time to do a -- to form a full committee. I mean, I don't know -- Commissioner Carollo: I know -- I think -- I'm pretty comfortahle what my top three are. Chair Suarez: I do -- I am too. Commissioner Carollo: You know, butt suggest that maybe, you know, we start interviewing with each one of our top fives and maybe at the next Commission meeting, when we have a full Commission, we could make it formal and nominate our top five. Chair Suarez: And if you think it's a good idea -- 'cause I mean, I think maybe we should just nominate our top three, you know what I mean? I don't know if you think that's too restrictive. City of Miami Pane 103 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Commissioner Carollo: I just want to wait for the rest of the Commissioners. Chair Suarez: No, no, nn. Oh, no, no, no. I don't mean now. I mean -- Commissioner Carollo: Yeah. Chair Suarez: -- I think at the next meeting, maybe we could have a top three instead of a top five because the more -- Commissioner Gort: Yeah. Chair Suarez: -- names we have -- Commissioner Carollo: (UNINTELLIGIBLE). Chair Suarez: -- it makes it just more work,for us. It's more meetings. It's more, you know -- so I don't know. I don't know if it's worth just coming with a top three. Commissioner Carollo: Got you. Chair Suarez: 'Cause I'm with you. I feel good about the top three that I have -- Commissioner Carollo: Yeah. Chair Suarez: -- and then, you know -- Commissioner Carollo: Yeah. Chair Suarez: So -- Commissioner Gort: Last time we all voted on 'X" amount of individuals and that's what was brought back to us. Chair Suarez: Right. Commissioner Carollo: Okay, so let's defer this until the next Commission meeting? Chair Suarez: Um -hum. Commissioner Carollo: Right? Move to defer this to the next Commission meeting. Chair Suarez: And could the Administration -- could you maybe inform the other two Commissioners that are not here today that what we would like is for them to come with their top three or their top five, but no less than three, right. And in that way, hopefully, at the very minimum, we'll either have five or three candidates and then we can go fr-om there to selection -- to final selection. D13, quarterly update on non -reimbursable grants. Commissioner Carollo: And I'm sorry. Did we take a vote on DI.2, and do we need to take a vote? Dwight Danie: (UNINTELLIGIBLE). Chair Suarez: Okay. Commissioner Carollo: Okay. City of Miami Pane 104 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Chair Suarez: Is there a motion to defer to the -- Commissioner Gort: Move it. Chair Suarez: -- October 25 meeting? Mr. Danie: October 25, correct. Commissioner Carollo: And -- I'm sorry, Mr. Clerk. Mr. Danie: You need a first -- Commissioner Carollo: Was there a motion? Commissioner Gort: Move it. Commissioner Carollo: There was a motion, right? Mr. Danie: There was? Commissioner Carollo: And 1 know 'cause 1 think I made the motion. Mr. Danie: Okay, okay. Commissioner Carollo: Right, so -- Mr. Danie: All right. Commissioner Carollo: -- we just need to take a vote to defer the top five or three candidates to the next Commission meeting. Chair Suarez: Okay. There's a motion. Is there a second? Commissioner Carollo: It was seconded -- Chair Suarez: Okay. Commissioner Gort: Second. Commissioner Carollo: -- by Commissioner Gort. Chair Suarez: Okay. All in favor, signify by saying "aye." The Commission (Collectively): Aye. DI.3 RESOLUTION 12-01068 Department of QUARTERLY UPDATES OF NON -REIMBURSABLE GRANT EXPENDITURES Finance FOR: 2ND QUARTER ENDING 03/30/2012; 3RD QUARTER ENDING 6/30/2012; AND 4TH QUARTER ENDING 9/30/2012. City of Miami Pane 105 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 12-01068 Summary Form.pdf DISCUSSED Chair Suarez: DI.3. Stephen Petty: Steve Petty, director of Finance. Financial integrity ordinance requires that we update the Commission once a quarter on any unreimbursable [sic] grants. I have a couple of. quarters in arrears I need to update you on. First is the second quarter. Happy to say there was no unreimbursable [sic] grants in the second quarter. Then in the third quarter, there, again, was no unreimbursable [sic] grants. In the fourth quarter, however, we did have one unreimbursable [sic] grantfor $10,800. It was denied by the EPA (Environmental Protection Agency) for procurement reasons. Chair Suarez: And that was the fourth quarter of last year or --? Mr. Petty: Fourth quarter of this year that just ended September 30, 2012. Commissioner Gort: September 30. Commissioner Carollo: Last fiscal year. You're thinking calendar year. Commissioner Gort: Last fiscal year. Chair Suarez: Oh, Pm sorry. Commissioner Carollo: He's talking fiscal year. Chair Suarez: My apologies, yes. Okay, so it was the fourth quarter of the last fiscal year. Got it. Mr. Petty.: Right. Chair Suarez: I got it. And it was a ten thou -- okay, thank you. Mr. Petty: Ten thousand. Chair Suarez: Is there any questions for --? Commissioner Carollo: Well, I don't like to hear that there are -- Chair Suarez: Right. Commissioner Carollo: -- any items because those $10,000, it's my understanding that then we have to pay from the general fund. Chair Suarez: True. Commissioner Carollo: Is that correct? Mr. Petty: That is correct. Commissioner Carollo: So, you know, we've had a pretty good track record at least in the last, let's say, year, year and a half or so, of preventing this. So I don't want, once again, to have this start occurring again and for us to start paying from the general funds. City of Miami Pane 106 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Mr. Petty: This is a grant that started in 2009 and goes back some time. Commissioner Carollo: 1-- you know, actually, 1 want to set up a meeting with your office because I want to see, you know, what exactly occurred, why was it denied, and I want some accountability behind it. I'm not going to do it now. I don't want to embarrass anybody. But the bottom line is that, you know, this is something that can't happen, you know. Mr. Petty: I agree. Commissioner Carollo: So with that said -- and on a side note -- some -- and I know you started not too long ago and there's been one thing after another, Mr. Petty, but I don't expect to be in arrears again. I expect that, you know, we have our quarterly, you know -- Chair Suarez: Clean. Commissioner Carollo: Yeah. We -- well by our financial integrity ordinance, they're supposed come every quarter and let us know if there's any. Even if there's none, they're supposed to come before us and let us know there is none, which is what I expect. And I know you just started, so in all fairness to you and your whole team, you know, I know you had to do some cleanup on, you know, the second and third quarter. However, I don't expect this to happen again. I expect it to be timely, okay? Mr. Petty: Yes, Commissioner. Commissioner Carollo: Thank you. Chair Suarez: Thank you. Commissioner Gort: Wait a minute, Mr. -- Chair Suarez: Yeah, yeah, of course. Commissioner Gort: The one thing 1 would also like to see that we have a lot of grants. And if you recall, at one time we had over $50 million that ii'e had out in money from grants. We (UNINTELLIGIBLE) those grants we made some changes and we recoup all the funds. We have additional grants that we have approved from the federal government and the state government. I want to make sure that not only Lilly is following that up, but that we have additional people making sure that we are responding on time and we are responding on all the questions that were asked and that we get all the receipts, everything on time, okay? I think it's very important because we can't afford to be paying far somebody else. Mr. Petty: I agree. Chair Suarez: Thank you. DI.4 DISCUSSION ITEM 12-01074 Department of DISCUSSION REGARDING THE ALLOCATION OF SPECIAL EVENTS Management and FUNDS FOR FY 2012-13. Budget 12-01074 Summary Form.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. City of Miami Pane 107 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Spence -Jones Chair Suarez: I think DI 4 -- I'm not sure how everyone else feels, but I think we should wait until we have a full Commission for that one. Commissioner Carollo: Yes. I move to defer it. And should we defer it to the next Commission meeting or in November? Mr. Manager, what do you prefer? It's your item. Johnny Martinez (City Manager): November. I mean, there's -- this is definitely -- Commissioner Carollo: November/ Mr. Martinez: -- a five -member -- Commissioner Carollo: Okay. Mr. Martinez: -- discussion. Commissioner Carollo: And I'm sorry. I'm saying it's your item, but it's Management & Budget. So I move to defer this to the November meeting. Chair Suarez: It's been moved. Is there a second? Commissioner Gort: Move it. Chair Suarez: Second. All in favor, signify by saving aye." The Commission (Collectively): Aye. Commissioner Carollo: And that was for DI4. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEM(S) Chair Suarez: Good afternoon, ladies and gentlemen. As you can see, we do not have a quorum for the afternoon session yet. We have, I believe, two Commissioners -- one more we need for a quorum, but we have two Commissioners that believe are -- one that's out of town, and I think another one is not corning back for the afternoon session, Commissioner Spence -Jones. So as soon as we have Commissioner Gort, we'll get started. But in the meantime, can we open up the P&Z (Planning & Zoning) so that we can --? Madam Attorney, can you read into the record the P&Z -- so we can open up the P&Z and swear in the -- Julie O. Bru (City Attorney): Well -- Chair Suarez: -- so we can defer -- We only have to defer one item in P&Z. Ms. Bru: Yeah. I don't think that there's going to he anybody presenting anything, so there's no need to talk about the procedures then. Chair Suarez: Okay. That actually makes sense. And there's no witnesses that are going to he sworn in 'cause there's no testimony that's going to be given. So the little time that wanted to save by reading that stuff is -- we're still down a Commissioner any way you look at it so. Yes, Mr. Fernandez. City of Miami Pane 108 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Ben Fernandez: Mr. Chair, thank you. Ben Fernandez, 200 South Biscayne Boulevard, here on behalf the property owner for PZ.1. Chair Suarez: Yes. Mr. Fernandez: We just want to confirm for the record that we would like to go at the next available hearing on the 25th of this month, but only if there's an agreement in place with the other -- with the neighbors that we're working on. Chair Suarez: Okay. Would you then be requesting a deferral for one more Commission meeting and then we can take it up at that time, or would you --? Mr. Fernandez: We could take it up at that time, but we only plan to move forward on that date if we have an agreement in place. Chair Suarez: Sure. And at that time -- Mr. Fernandez: If we don't, we would have to go to the following month. Chair Suarez: Right. And I think the next meeting is a P&Z meeting, so if I'm not mistaken, the October 25 one, so it'll just he one of the P&Z items in the P&Z meeting. And I mean, we still are missing a Commissioner to actually take a vote on the deferral. 1 don't know if Commissioner Carollo has any opposition to that. Commissioner Carollo: I don't have a problem with it. Chair Suarez: I don't either. So we have enough votes right here -- Mr. Fernandez: All right. Chair Suarez: -- to pass a deferral, even though we don't have enough votes to actually have a quorum so -- Mr. Fernandez: Okay, that's good. Chair Suarez: -- I don't know if you guys want to get going and rest assured that we will, in fact, defer it. You're welcome to wait until we have a quorum to actually -- Mr. Fernandez: We can wait five minutes. Chair Suarez: Okay. Mr. Fernandez: That's not a problem. Thank you. Chair Suarez: Great. I don't know ifvou -- Do you feel comfortable doing anything? I mean, at this point, when we don't have a quorum, in terms of discussion item or anything, or you'd rather just wait? Commissioner Carollo: Let's just wait. Chair Suarez: Okay. Commissioner Carollo: I suggest we take a recess and just come back. Chair Suarez: 2:45? It's 2:32. City of Miami Pane 109 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 PZ.1 11-00714sc Commissioner Carollo: Sure. Chair Suarez: All right, well start up again at 2:45 promptly. And hopefully by then well have a quorum. Thank you, guys. Pin sorry. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE (THAT PORTION OF) CURTIS LANE EAST OF ROGERS ROAD AND EASEMENTS LOCATED ALONG THE NORTH AND SOUTH SIDES OF CURTIS LANE, EAST OF ROGERS ROAD, MIAMI, FLORIDA. 11-00714sc CC 10-25-12 Fact Sheet.pdf 11-00714sc Department Analyses & Maps.pdf 11-00714sc School Brd Concurrency & PZAB Resos.pdf 11-00714sc Application & Supporting Documentation.pdf 11-00714sc CC Fully -Executed Legislation (Ver. 2) & Exhibit.pdf LOCATION: Approximately Curtis Lane East of Rogers Road and along the North and South sides of Curtis Lane, East of Rogers Road [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Stephen Bittel, as Trustee of the Acme Real Estate Trust FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PUBLIC WORKS DEPARTMENT: Recommends approval. PLAT AND STREET COMMITTEE: Recommends approval on July 7, 2011 by a vote of 7-0. PLANNING, ZONING AND APPEALS BOARD: Recommends denial, which failed, to City Commission on April 18, 2012 by a vote of 3-5. Recommends approval as a second motion to City Commission on April 18, 2012 by a vote of 5-3. PURPOSE: This will close and vacate Curtis Lane, East of Rodgers Road and two North/South easements. Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Spence -Jones Note for the Record: Item PZ.1 was deferred to the October 25, 2012 Commission Meeting. Chair Suarez: Are we open on P&Z (Planning & Zoning)? Mr. Clerk, are we open on P&Z? Dwight Danie (City Clerk): Yes. Chair Suarez: Okay. Is there a motion to defer the PZ.1 item to the next Commission meeting? City of Miami Page 110 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 D1.1 12-00950 Commissioner Carollo: So move. Chair Suarez: Moved by Commissioner Carollo. Is there a second? Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Chair Suarez: Thank you. 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 DISCUSSION ITEM DISCUSSION REGARDING HOW THE CURRENT IT SYSTEM PROGRAMMING, RELATED TO CODE ENFORCEMENT, CAN BE MODIFIED TO ALLOW FOR ACCOUNTABILITY ON THE PART OF THE TENANT WHEN THEY ARE FOUND IN VIOLATION OF THE CITY CODE OR ANY OTHER MATTER. AT THIS TIME, THE OWNER IS THE ONLY ONE HELD ACCOUNTABLE AND AT TIMES IT ALLOWS FOR THE TENANT TO GO BY WITHOUT ANY DIRECT CONSEQUENCE EVEN THOUGH THE VIOLATION WAS COMMITTED BY THE TENANT. 12-00950 Email - Code Enforcement Software.pdf DISCUSSED Chair Suarez: D1.1, Commissioner Gort. Commissioner Gort • One of the questions ive asked when ive were talking this morning about the resolution that Commissioner Carollo brought in about the -- making sure that the -- whenever a property owner, they going to have a -- what do you call them, one of those unsafe structure, that the tenants he informed. Johnny Martinez (City Manager): Yes. City of Miami Page 111 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Commissioner Gort: I'd like to do the reverse also. At this time, Code Enforcement, every time there's a violation in any n f the homes, the rentee gets the -- they receive the whatchamacallit, the notice, but the properly owner does not know. And I know they're working very close with IT (Information Technology). I want to see where we're at to make sure that whenever a renter gets a -- one of the documents, that the owner also gets -- is aware of it. Because we have a lot of cases coming in front of us where the owner shows up, he's got a lien in his property and he was not aware of it. Jessica Capo: Good afternoon. Jessica Capo, interim director of Code Compliance. We do -- we are on -- allowed to put the tenant -- what happens is that with our cases, it's very difficult to -- our teeth is with the owner, with the property owner. The tenants come and go and -- we can notice them, but we really can't hold them accountable for the lien. Commissioner Gort: Well, the reason I was talking about it is I want to make sure that the -- what we're talking about, the liens, the owner gets it after it's been a while. In other words, my understanding is when Code informs a violation is found on a home, you put a certification saying, You're in violation. You got to take care of this within 30 days. My understanding is, the property owner does not get a copy of that. Ms. Capo: No. Well, we -- Commissioner Gort: Okay. Ms. Capo: -- post the property. We send it certified return receipt and we send it to the registered agent. So 95 percent of the time, they do get notified. Commissioner Gort: They do. Ms. Capo: We don't only post the property. We mail it certified return receipt and we noti the Commissioner Gort: To the property owner -- Ms. Capo: Yes, sir. Commissioner Gort: -- or to the address? Ms. Capo: To the property owner -- Commissioner Gort: Okay. Ms. Capo: -- to the address, and to the registered agent. Victoria Mendez (Assistant City Attorney): It's the address that's on the tax records in Miami -Dade County. That's the address it goes to. So it's incumbent upon the properly owner to have the correct address to where they want things mailed to. So that's where we send the -- Commissioner Gort: So it's up to the property owner to inform you and give you the address where to send it? Because I get a lot of individuals come to me that they were not aware of it, and I'm sure in Code Enforcement you have it in front ofvou when it comes to their cases when you tell them they were not aware they have received that. Okay, so -- Ms. Mendez: Right. City of Miami Page 112 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Commissioner Gort -- I want to just make sure that the property owner receives notice. All right. Ms. Capo: Okay. Chair Suarez: Thank you. Thank you. And I think -- I don't know. Maybe we can explore -- we have several instances where we require property owners to register, you know, for example, vacant property. We have to -- you know, we require them to register. It may be worth exploring the possibility of -- for people who own residential property in the City ofMiami that is not homesteaded -- in other words, it's, you know -- that they have to register a principal address with the City so that when we send correspondence, we don't send correspondence to the address. We send it -- well, we can send correspondence to the address and also to the principal address so that we know that it's -- similar to the concept of when you set up a corporation, there's a principal address and then there's a registered agent and all those other -- there's different legal mechanisms by which you can give notice to the owner of the corporation. But in this case, we're relying on the property owner putting the correct address on the public -- you know, on the County web site. If we create a, you know, registration system, we can have them register the principal address where we can send, you know, the mail directly to that principal address and we know that it's being sent -- you know, if they have to register it, they're the ones that are advancing that address, then that address has to he good for service of mail and other things that are -- Is that something that maybe we can explore? Ms. Mendez: We can explore it as long as -- Florida Statutes says that we're supposed to send it to the property address that's in the -- Chair Suarez: Listed on the -- Ms. Mendez: -- tax appraiser's office or in the public records where the taxes get paid. The -- that -- when it's sent there and it's posted, it's considered noticed, proper notice, and the City could proceed. The only thing about setting up a registration system that we can explore is that then the City might not be able to proceed with a case or do things if it's also codified that we need to notice this extra particular address. So it's just things that we have to explore procedurally after -- and how that would go about. Chair Suarez: Okay. Commissioner Gort Okay. Chair Suarez: Okay. Ms. Mendez: But we'll work with your office to -- Chair Suarez: Thank you. Appreciate it. END OF DISTRICT 1 DISTRICT 2 VICE-CHAIRMAN MARC DAVID SARNOFF D2.1 DISCUSSION ITEM 12-01128 STATUS OF HIRING POLICE OFFICERS. City of Miami Page 113 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 D3.1 12-00756 D3.2 12-01133 12-01128 Email - Status - Hiring Police Officers.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Spence -Jones Note for the Record: Item D2.1 was deferred to the October 25, 2012 Commission Meeting. END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO DISCUSSION ITEM DISCUSSION ON ORDINANCE 13312 - EXCAVATED SITES. 12-00756 Email - Excavated Sites.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Spence -Jones Note far the Record: Item D3.1 was deferred to the October 25, 2012 Commission Meeting. DISCUSSION ITEM UPDATE REGARDING THE $45 MILLION TUNNEL LOAN PAYMENT DUE IN JANUARYAND CURRENT STATUS ON RE -FINANCING OR BOND ISSUANCE. 12-01133 Email - Update Loan Payment Port Tunnel.pdf 12-01133 Sumittal - Tunnel Loan Refinancing Timeline.pdf DISCUSSED Chair Suarez: D3.2. Commissioner Carollo: This is a discussion regarding the tunnel loan, and I think we discussed with our Administration that we wanted an update with regards of whether we were on time and -- so I'll wait from [sic] the Administration to respond. Chair Suarez: It's his discussion item, not mine. Commissioner Carollo: Mr. Manager, what's the question? Ion sorry. Johnny Martinez (City Manager): (UNIVTELLIGIBLE). Janice Larned: Janice Larned, assistant City Manager/Chief Financial Officer. You've asked us to provide you with an update regarding the tunnel loan. At the present time, we are trying to coordinate with our bond counsel, our financial advisor, our disclosure counsel, and with Wells Fargo so that they can he able to hear the discussion in the chambers and review -- they have already reviewed the calendar that I'm going to present to you, and then we can get their City of Miami Page 114 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 concurrence as needed. We had hoped to have them in chambers, but most of them are in remote loca -- some of them are in remote locations at different engagements, but those that could he with us said that they would he here at approximately 4:30. Noting that the agenda was moving along very quickly, we then asked them to join us via conference. Okay, and now they are -- we are waiting for them to call in to us. If you would like, I can go forward with the calendar at this point. Commissioner Carollo: And quick question, is this the last item? Chair Suarez: Yeah, this is the last item. Ms. Lamed: If you -- Commissioner Carollo: Yes. Just continue then. Ms. Lamed: Okay, very good. Essentially, what we had the discussion about this morning was the deferral of the authorization to move forward with Wells Fargo bank as the senior and sole underwriter for a limited public offering. Chair Suarez: That's not what we deferred today. That's not what we deferred today, no. We deferred a procurement, to piggyhack them. as a procured underwriter, not -- we didn't defer exactly what you said. 1 was listening. That's not what we deferred so -- that's not what we deferred. I'm just telling you. What you just said -- Ms. Lamed: Yes, sir. Chair Suarez: -- is not what we deferred. Ms. Lamed.: Yes, sir. Chair Suarez: We deferred -- Ms. Lamed: Item RE.13. Chair Suarez: -- the decision on whether or not to procure their services as an underwriter, to have them procured. Ms. Lamed: Yes, sir. We were seeking authorization -- Chair Suarez: Thank you. Ms. Lamed: -- for the procurement process. Yes, sir. Chair Suarez: Okay. Ms. Lamed: Essentially, the question has been asked would that impact the calendar. We have built in an approximate margin of two to three weeks. And by deferring that item and bringing back to the October 25 City Commission, we will have utilized that particular margin. So we have laid out a calendar that I have reviewed with the financial advisor, bond counsel, disclosure counsel, and Wells Fargo. At this point in time, we will he bringing hack to you on October 25 the deferral of the RE.13 item today. We'll he bringing hack to you several other documents in final form and a preliminary document. We will then continue working forward to bring back to the City Commission on November 15 final documents that will inflict move us forward with a bond resolution and a limited public offering, with then pricing to occur the first week of December and closing to he no later than December 20 or sooner, if possible. It is -- it's City of Miami Page 115 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 important to note that in talking with each of our various financing team members, that this is a heightened sense of urgency for us in the sense that we need to adhere to this calendar, and should we veer from that course, we believe that it would jeopardize the City in meeting its January payment. Any alternatives that would be considered would veer us from that course, so we stand united in our recommendation to go forward with a limited public offering. And I'm happy to answer any of the questions. We have Jolinda, our disclosure counsel -- Jolinda Herring, from Bryant Miller & Olive. She's on the line. Unidentified Speaker: Jolinda, you can -- Jolinda Herring: Hi. This is Jolinda. Yes. Ms. Lamed: Jolinda, I've just reviewed the calendar. Do you see any --? Do you agree with the calendar at this point? Ms. Herring: Yes, 1 do. Ms. Lamed: Do we have any other team members? Unidentified Speaker: Not yet. Ms. Lamed: I'm -- 1 can answer any questions you may have. Commissioner Carollo: Madam CFO (Chief Financial Officer), one of the things that rose [sic] from the discussion was whether or not we would be able to seek the limited public offering or not within time for the January payment. And apparently, there was possibly some disagreement or not. Right now as we stand -- and again, I'm going to say what I've said before. I cannot change what occurred in the past. I can only see what's -- what we're doing going forward. And I'm just looking that we have two months, two and a half months in order to refinance or come up with $45 million. Therefore -- and I know you've had discussions and the Manager, during lunch, was having discussion with Wells Fargos [sic] and different entities. Do you believe that we are in time and does everybody in the team, you know, our financial advisors, our bond counsel, all of the Administration staff, Wells Fargo possibly, do you all -- are in agreement and do you believe that, yes, this can actually be done in time before January? Ms. Lamed: Yes, sir, I do, speaking on behalf of myself. I'll let the other team members speak as soon as they get on the line. Commissioner Carollo: Okay. Ms. Larned: I don't know if the City Manager wish to comment. Johnny Martinez (City Manager): I'm relying on your timeline. M. Lamed: Yes, sir. Chair Suarez: Mr. Manager, can I ask you a question? Were you not at the meeting that we had yesterday in my office? Mr. Martinez: Yes. Chair Suarez: Was there not a statement by bond counsel at that meeting that put into question whether- or not the underwriter was going to he able to meet the time deadline? Mr. Martinez: That did happen. There was discussion between -- heated -- semi -heated City of Miami Page 116 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 discussion between Janice and a gentleman. And then subsequent to that, there was phone calls and conversations. And from what understand, everyone's comfortable with this timeline that n'e have here. Chair Suarez: And I just want to he clear because I wanted to -- when I left the meeting -- and again, maybe -- and I have no reason to doubt that Ms. Larned had a conversation -- and inflict, it was discussed at that meeting that she was going to have a subsequent conference call. And so -- but I have to say that in that meeting I was left with the distinct impression that there was a possible problem with meeting the deadline for issuing the bond within the time frame that was allotted to us. That's what 1-- that was nay -- what 1 took, from the meeting and -- Mr. Martinez: That's an accurate statement. Chair Suarez: Yeah. And so, you know, what happens after that, you know, obviously -- No one called nie between then and now to say, you know, Commissioner, A, you know, the underwriters have now taken the position, you know, that they can meet the deadline. No one called me to tell me that, number one. Number two, no one called me to tell me, Commissioner, you know, we have this backup plan that we just kind of got a glimpse of but it's not a term, you know, sheet; you know, that they're talking about rolling this over for another potential two years if something happens with the offering. And no one had mentioned that to me before in terms of the definitiveness. Obviously, that's always going to he a backstop because they're the ones that are holding the debt, and my guess is they're not going to want to go into default on a $45 million debt. So you know -- and we're a city that has -- we're not junk status. I mean, we have triple B credit. I mean, you know, we have the ability to pay -- we have a revenue stream that we can pay the bond with, so there's no reason why we shouldn't he able to finance it. What bothers me is that -- and the Commissioner's right, you know. We can't change the past. He's absolutely right. We cannot change it. We cannot go hack and change the past. I'm still frustrated with what occurred and how we got here and how this has become a crisis. And I don't really want to get into the reasons why I think it happened. I don't think it's particularly healthy. I agree with the Commissioner. We have to work diligently between now and January 5 to make sure that two things happen: one, we get the refinancing done and that it's done on the terms most favorable to the residents of the City of Miami. So, you know, whatever option that ends up being, you know, is the one that we're going to go forward with, I think. So, you know, it's just -- it heen a frustrating process for me from beginning to end. I've expressed my frustration on numerous occasions internally out here, and I just wanted the Commissioner- to know that those were the representations that I relied on in my briefing. And it seems like every time I brief on this issue or discuss it, the things change and there's new information. Unidentified Speaker: (UNINTELLIGIBLE). Chair Suarez: It's been -- Yeah. And so, you know, that's the frustration that ',feel. And so, I guess I'll just leave it at that. Commissioner Carollo: And Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: There's something that I just want to put on the record and, you know, see if7get confirmation from staff. When I asked for a plan B, that was last resort. That is, this payment is due; you owe us $45 million. City, where's our money? So that was last resort. And I wanted to see do we have at least a contingency plan hecause it's not in our hudget. Where are i-ve going to seek the monies? So I see that, you know, there is somewhat of a contingency plan. However, that is detrimental to the City. We do not want to go that route. Chair Suarez: Right. City of Miami Page 117 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Commissioner Carollo: That would he very detrimental to the City, and I'm just saying that's as a last resort, what are we doing or -- you know. And again, nothing's been in writing. And what 1 don't want to. fall into is this last minute now -- in all, fairness, we are in a position where they're dictating to us what they want -- Chair Suarez: Right. Commissioner Carollo: -- you know. And whether it's Wells Fargo or any other organization, entity, financial institution that we may be discussing at that time, we're in a position where, realistically, the ball's not in our court. They could raise the rates. They could do -- you know, ask whatever and we're in a tough position. There's not really much for us to do. So when -- just want everybody to know that's, you know, as last resort. We don't want to go that route. Chair Suarez: Right. Mr. Martinez: If we have to go that route, I believe we, failed. Commissioner Carollo: Right. Chair Suarez: Right. And I -- Mr. Martinez: I mean, that's -- Chair Suarez: -- think -- Mr. Martinez: -- and we're doing everything possible to adhere to the schedule and give the hest business deal that we can fbr the citizens. Chair Suarez: And I appreciate you for saying that, Mr. Manager, because I think that is the clearest way -- that's the clearest way to articulate it, you know what I mean. I think if fwe get to that point -- and I agree with the Commissioner that, of course, we need to have a backstop, you know, that if, heaven forbid, you know, we get to that point. But my -- I guess -- and maybe 'just can't let it go and maybe 1 need to just let it go, you know, that we -- this thing -- we got into this product two years ago, you know what I mean, and it's taken us, you know, to a point where we are now talking about an emergency option to prevent us from going into default and our city going into bankruptcy. Because if we were to go into default, that's what would happen. As you said, we don't have the budget -- the money budgeted. We can't pay it. We don't have a pool of money that we can pull that money from. So, to me, it's just very unfortunate that we're in this position. And, you know, I don't know what's going to happen. 1 don't have a crystal ball. I mean, I hope that, you know, we get the hest deal for the residents of the City of Miami. I still -- no matter what happens, I'm still going to be -- my sentiments about the process and about how this was handled is not going to change, no matter what happens from this point fbrward. And I've expressed them. I've been clear about it and I think that's it. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: It seems like we're waiting for confirmation from the other parties, but in all fairness, I don't need confirmation. I -- you know, I can rely on the representation of our Administration that they've spoken to these people and, you know, they are in agreement with what you're saying and with the timeline. I do want to see a timeline, when you have a chance, you know, obviously, within the next few minutes or so but -- and definitely today. But I don't have a time -- I don't -- I really -- I don't need for them to call in and now say, Yes, what they're City of Miami Page 118 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 saying is correct and we agree with that. I mean, your representation is suff icient for me. Chair Suarez: And let me just say -- make one correction because I kind of cut you Wand I apologize for that. And 1 also -- I thought that, erroneously, the resolution was only for the piggybacking, but it was more than that. And so I should have been clear about that and I apologize. I didn't have that accurately. So it's important that when I make a mistake, I also have to be man enough to admit it and apologize so -- Ms. Lamed: We all do, sir. Chair Suarez: -- my -- and I understand. But still, it still means I have to acknowledge it, and so, I apologize. Commissioner. Commissioner Gort: In this type of transaction, there's conversation going on constantly. My suggestion is, should make sure that every change that will take place, you keep the Commissioners informed. All you have to do is give them a phone call and let them. know. Now disclosure counsel -- the question of disclosure counsel, you've gotten all the -- all your questions answered and you got all your paperwork aboard? Julie O. Bru (City Attorney): Commissioner, I believe that our disclosure counsel disconnected, hut can answer that. We are ongoing. Disclosure is ongoing. And it is a work in progress, hut everybody is working around the clock to provide -- Commissioner Gort: Okay. Ms. Bru: -- all the information that is required until such time as both our disclosure counsel and the hank's disclosure activities are satisfied. Commissioner Gori: Thank you. And I can understand your frustration because I think information is very important that we all he aware of what's going on and what's happening. At the same time, 1 know you -- going back to two years, but let me tell you something. 1 stated this many times and I'n, very proud to state it. 1 think this is the hest City Commission that the City of Miami has ever had. Chair Suarez: Thank you. Commissioner Gort: I mean, if you look at the -- for the last three years, all the things that we're going through, all the changes that we're going through, I think, yes, we do have crisis and all that and I think there's a hotter way to handle it and we're looking into it and we're improving into it. We're going to have a discussion, as you -- in our procurement, if you recall, you're the one that made the suggestion that we're going to have a workshop on our procurement system. I talked to the procurement director and I suggested he come up with some ideas of himself too. Chair Suarez: Yeah. Commissioner Gort: So this is something that we will continue to work on and make it even better. That's it. Chair Suarez: And look, and at the end of the day, you know, no matter what we end up deciding -- and I know we're about to end the meeting, so I don't want to take too long, you know. What -- I'mjust very disappointed in the way this process was handled. I feel like it was -- there was -- I'm not going to belabor the point. I'm not going to belabor the point. Mr. Martinez: Clear on that. City of Miami Page 119 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Chair Suarez: Yeah. Mr. Martinez: I can't fix that now. Chair Suarez: And you're right. Mr. Martinez: I want to just concentrate on -- Chair Suarez: You're right. And in fairness, at the -- in my briefing, that was one of the topics. We can't -- we cannot undo what's been done. We can only move forward. And you know, 1 think n'e obviously have to move forward. I mean, we have to do what's best for the City and we have to -- again, being confronted in a situation -- what I just hope is that it doesn't end up in a situation that is less advantageous for the City. Mr. Martinez: Absolutely, the fall hack position is worse than the deal(UNINTELLIGIBLE). Chair Suarez: Exactly. Thank you. Meeting adjourned. Ms. Lamed: Mr. -- Chair Suarez: Oh, go ahead. I'm sorry. Ms. Lamed: -- That's quite all right. We have the bond counsel on the telephone. It's Albert del Castillo with Squire Sanders, if you would like for him to affirm his -- Commissioner Carollo: There's none. Chair Suarez: 1 don't think -- Ms. Lamed: Yes, sir. Very good. Chair Suarez: -- we're going to need -- Ms. Lamed: Thank you. Chair Suarez: Thank you. Meeting adjourned. D3.3 DISCUSSION ITEM 12-01136 DISCUSSION REGARDING WORK PERFORMED BY OTHER GOVERNMENTAL AGENCIES ON CITY STREETS AND THE LACK OF ADEQUATE MILLING AND RESURFACING TO RESTORE STREETS TO THEIR ORIGINAL CONDITION. 12-01136 Email - Milling & Resurfacing Restore Streets.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Spence -Jones Note far the Record: Item D3.3 was deferred to the October 25, 2012 Commission Meeting. END OF DISTRICT 3 City of Miami Pane 120 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 DISTRICT 4 CHAIRMAN FRANCIS SUAREZ D4.1 DISCUSSION ITEM 12-00724 DISCUSSION REGARDING PROPOSED BASE RATE INCREASE BY FLORIDA POWER AND LIGHT (FPL). 12-00724 Email - Proposed Base Rate Increase - FPL.pdf 12-00724 Submittal - Article Submitted by Mayor Cindy Lerner.pdf 12-00724 Submittal - Articles Submitted by Councilman Luis Gonzalez.pdf DISCUSSED Chair Suarez: Okay, ladies and gentlemen. We have Commissioner Spence -Jones over there. I see her on the left. And l think Commissioner Willy Gort is around here, ifI'm not mistaken. The way I want to go is I want to handle one more item, which is a time certain item that was requested by Commissioner Luis Hernandez [sic] and Mayor Cindy Lerner, and FP&L (Florida Power & Light) representative who's here. Each -- I don't want to say -- i-veil, let me keep the comedy out of it. Commissioner Spence -Jones: Mr. -- Can I ask you something? Chair Suarez: Yes. Commissioner Spence -Jones: We don't have -- at least -- Chair Suarez: We don't have a quorum. Commissioner Spence -Jones: Well, we don't have a quorum. That's -- Chair Suarez: Right. Commissioner Spence -Jones: -- very important, hut -- Chair Suarez: That's a problem, yeah. Commissioner Spence -Jones: And I'm sure we can get Willy out. But "just don't want us to make a decision -- Chair Suarez: Without the Commissioners? Commissioner Spence -Jones: Without them hearing the presentation. Chair Suarez: Well, then we'd -- Commissioner Spence -Jones: At leastfour of them. Chair Suarez.: -- have to do it some other- time because -- and the -- Commissioner Spence -Jones: I mean, because -- Chair Suarez: Right. City of Miami Pane 121 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Commissioner Spence -Jones: You under -- you have two of us, and even if we go get another one, then you're going to have -- Chair Suarez: Commissioner [sic], you want to say something? Councilman Luis Gonzalez: Absolutely. Chair Suarez: And by the way, they're both fellow Miami -Dade League of Cities hoard members with me, as well. Councihnan Gonzalez: It's councilman in Hialeah. Chair Suarez: My apologies, my apologies. I didn't use the right terminology. Councihnan Gonzalez: If we may -- 1 mean, if we're here and you guys want to take five minutes, we'll give just a brief presentation and well he glad to come hack. I don't know if FP&L's representative would like to do that or -- Chair Suarez: You know, what we can do is -- Councihnan Gonzalez: We'll leave it up to the wish -- Chair Suarez: --1 think what we can do is allow them to make their five-minute presentations, and then they can come back without necessarily the need for making additional presentations and we can actually discuss it and then decide what we want to do. Commissioner Spence -Jones: I just think that the five -- whatever they may be saying -- Chair Suarez: Yeah. I understand what you're saying, yeah. Commissioner Spence -Jones: -- may he important for us to hear. Chair Suarez: I got you. Commissioner Spence -Jones: You only have two of us. You're already missing one -- Councihnan Gonzalez: Absolutely, absolutely. Commissioner Spence -Jones: -- 'cause he's not here. So my concern is at least have four (Os out here listening to the presentation. You got Gort corning hack, so that's three of us, but -- Chair Suarez: I butchered your last name too. Councilman Gonzalez: Yeah, you did. Chair Suarez: I'm sorry. Councilman Gonzalez: Gonzalez. Chair Suarez: My chief of staff just told me, Oh, it's not Hernandez, buddy. Commissioner Spence -Jones: Can the sergeant at arms check to see if Carollo's around, 'cause I know he was interested in this item. I thought he was at least. City of Miami Pane 122 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Chair Suarez: I don't know. Well, we have a quorum now, so -- I mean -- no, we don't have to. Ieah. Councilman Gonzalez: 1 mean, I'll be glad to give the quick presentation now, the representative for FP&L, and then we -- I'd be willing to come back if you wish, if that's okay. Commissioner Spence -Jones: Okay. Whatever, Mr. Chairman, you'd like to do. Chair Suarez: Yeah. I mean, I'm okay with that as well. Okay, so let's go five minutes. Mr. Clerk, put jive minutes on the clockfar each speaker, and then we will take it under advisement and either come back when we have a, full Commission or at some later date. Okay? Dwight Dante (City Clerk): Yeah. Chair Suarez: I'd like the councilman to have the opportunity to go first since the councilman and the Mayor were the ones that requested that this be put on our agenda. Mr. Danie: And could we get the name and address on the record, please. Chair Suarez: He will put it on. Mr. Dante: All right, thank you. Chair Suarez: Thank you. I think he knows what he's doing. Mr. Dante: Okay. Councilman Gonzalez: Councilman Luis Gonzalez, 501 Palm Avenue, Hialeah, Florida. Mr. Danie: Thank you. Chair Suarez: Five minutes on the clock, please. Thank you. Councilman Gonzalez: Thank you, Mr. Chairman, and thank you, Commissioners and staff far granting me this opportunity to come here and state my case regarding the Florida Power & Light base rate increase. I'm here as the president of Miami -Dade County League of Cities, and I just really wanted to bring some informational numbers, (UNINTELLIGIBLE) numerical numbers so that you guys can base your decision. We are urging you to approve a resolution against the rate increases that FP&L is proposing which is right now at the PSC (Public Service Commission) board in Tallahassee. And 1 want to give you a little bit of information regarding the actual profits and sales that FP&L has. As you all know, FP&L is a monopoly in the state of Florida that has sales over $10 billion annually and a profit of a billion dollars after taxes. Including its parent company, NextEra, FP&L and NextEra together have sales over $15 billion and $2 billion after taxes. Chair Suarez: In profits. Councilman Gonzalez: FP&L, since 2005, is in the top 25 corporations that pay the least amount of tax rate in the United States. They are currently paying 1.3 annual percent tax rate, as opposed to the regular 35 percent that regular corporations pay. And this is due to incentives that have been created at the federal government for their investment into renewal energy. At the same time that we're going through a very tough economic time, probably the second hardest that we have seen in the last century and this current century solar, FP&L have increased their profits, as you have seen, $2 billion after taxes. That is a return for the preferred stockholders of approximately 11 percent return. Again, during the toughest economic of times, FP&L seems to City of Miami Pane 123 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 be doing very well. I -- for that reason specifically, I am urging you to consider this. They are also -- the Florida League of Cities -- a couple weeks ago, I was up in Palm Beach and I came across Palm Beach Post and I'm reading an article, and I see that FP&L is also asking for an additional $45 million during the late payments increases. So again, I'm sure that part of their field, as people are suffering more and more economically right now, are running behind on their payments, and at the same time, FP&L would like to increase that rate as well and generate another $45 million. The base rate increase that FP&L is suggesting at the PSC board is $690 million increases. A corporation making $15 billion, $2 billion after taxes in profit is requesting a $690 million increase, of which $200 million will go to the dividends of the preferred stockholders; the rest will be for investment in the plans that they will suggest. Now they will tell you that they -- due to the investments on these new plans, that they have lowered the FP&L bills. And I'm sure the kilowatt rate might have been reduced, but FP&L has divided what we call the pass -through rates, which is all the fuel and all the cost associated, and they pass it through straight onto us. So that kilowatt rate might have dropped a little bit due to some investment, hut however, we can take a look and see how well financially this monopoly is doing. This monopoly is doing over $2 billion in profit during the current economic times, at 25 percent increase from last year. So to come and believe it's due to the contract expiring this year -- every three years they go in front of the board and request an increase -- I just think that during -- and you guys went through a financial urgency, I believe, last year. I mean, you -- we all know what we're going through. The Superintendent was -- just left here. Imagine -- I mean, he's done an excellent job managing the School Board with what he has. If he has a 16 percent increase in his utility bill, what's he going to do? 1 mean, it gets to a point that people just can't anymore. In my city, people are living in a fixed income. People who are living on a retirement of $600 from the Social Security check really cannot. I mean, right now they're facing with pay the mortgage or pay their house or pay the food. And to have an additional increase of 16 percent, you know -- They will tell you that they have lowered. They're going to tell you any evidence that they might suggest. But the facts are, $2 billion in profits after taxes during the current economic time and increase from the prior year and from the year before, a corporation that's in the top 25 that pay the least amount of tax rate in the United States, I believe it's taking advantage of the system. And on both sides of the coin, they're getting Own both ends. So I would urge you to please consider those numbers, consider the information on hand, and for you guys to oppose any base increase through your resolution. Chair Suarez: Thank -- Councilman Gonzalez: And ifI may, Commissioner, if Mayor Lerner could say a few words? Chair Suarez: Sure. We have -- Councihnan Gonzalez: Appreciate it. Thank you very much. Chair Suarez: Sure. I'm going to give you two minutes, okay, Mayor, 'cause then I'm going to -- Mayor Cindy Lerner: Okay, that's fine. Chair Suarez: -- give them seven minutes then. Mayor Lerner: That's fine. Most of what needed to be shared has been by President Gonzalez. And thank you for the opportunity to come before you today. We have been in constant -- fairly constant dialogue on various Florida Power & Light issues over the last three years; the transmission lines, the early cost recovery, and now with the most current request by Florida Power & Light. The Village of Pinecrest passed a resolution opposing the rate increase about six months ago, and we actually, in addition to that, went forward and have intervened in the case. I believe we are the only municipality in the entire state of Florida that are interveners in the case. And as a result of that, we have encouraged other of our neighboring municipalities and other City of Miami Pane 124 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 colleagues throughout the state tojoin us. What we did was sit down and calculate what it would cost our combined residents and businesses and the municipality next year if this rate increase were approved. And justfor the Village rfPinecrest, its residents, businesses, and the municipality itself, 18,000 residents, it would have been over $2 million in increased costs. So looking out for our own residents and businesses was the primary motivation behind getting involved in the case. We joined the South Florida Hospital Association, the Retail Association, AARP (American Association of Retired Persons), and others as interveners in the case. But it's important that those of us in office at the local level who are the first line of defense for consumer protection for our own residents, businesses, and our own expenses that we generate as municipalities have to stand up and fight excessive greed, and that's basically what this is. Chair Suarez: Thank you. Mayor Lerner: Asking for the prerogative to see a higher rate of return for their stockholders is nothing short of excessive greed. Chair Suarez: Thank you. Mayor Lerner: So we would ask you tojoin us in taking a stand to protect the consumers, the residents, commercial and the -- your city itself in having to incur these additional and very unnecessary costs. Chair Suarez: Thank you, Mayor. Mayor Lerner: Thank you. Chair Suarez: I'm going to give the gentleman seven minutes because they did run an additional two minutes over the allotted time. Thank you, sir. Armando Fernandez: Good afternoon. I would like to begin by thanking the Mayor, the Chairman, and inflict, the whole Commission for giving FPL the opportunity to speak here today. FPL knows -- Chair Suarez: Let me just stop you. You have to put your name and address, for the record. Mr. Fernandez: Oh, I'm sorry. Chair Suarez: That's okay. Mr. Fernandez: Armando Fernandez, Florida Power & Light, 4200 West Flagler, Miami, Florida 33134. Chair Suarez: We stopped it, so you're good. Mr. Fernandez: FPL knows there is never a good time for a rate increase. FPL doesn't take the decision to file for a rate increase lightly. Our commitment to this is the fact that since 2006 the average bill is down 13 percent. Not a lot of people know that, but you're paying 13 percent less for your electricity today than you were in 2006. While food and healthcare costs have gone up 20 percent and gasoline, a staggering 40 percent, our bills have come down 13 percent. We take great pride in this fact, which makes us the lowest hill of the 55 utilities in the state. We have accomplished this while providing our customers reliability, which is hest in the state and among the best in the nation. That is FPL's commitment to its customers; clean, affordable, reliable power. However, for all our efficiencies, FPL is not immune to inflation. We are paying more for the materials we use to harden and improve our infrastructure and provide our customers that best in class reliability. For this reason, FPL is requesting a modest rate increase of a net City of Miami Pane 125 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 1.6percent, which represents about 5 cents a day, or a $1.50 a month, for the average FPL customer. To put that into perspective, for the cost of a soda a month, we can continue to enjoy the hest electric service in the state nfFlorida. In fact, nur revised rates, part of the settlement that we were just -- we've agreed to with some of the interveners, would keep our rates flat for most small businesses, which comprise 80 percent of our commercial customers, and some may even see a decrease of up to 3 percent. FPL believes this request is in the best interest of its customers, and we have been transparent throughout the process. We have sent multiple correspondences to every elected official in our service territory and conducted multiple hearings throughout the area. In fact, the PSC held two of the meetings here in Miami -Dade County, one not too far away from this dais at Miami -Dade Auditorium. Overwhelmingly, the citizens and the business owners that showed up said that they were happy with FPL's service. So why ask for a rate increase now? Well, as Tice President Gonzalez alluded to, our rates, which were part of the 2010 settlement, expire at the end of this year and we need to file rates for next year. This request is made up of several key components, some that we have already discussed, such as inflation. Another component is the cost of recovery for modernizing some of our older oil plants into new, more efficient natural gas plants. Why is this important to our customers? Think of these older plants as big, hulking SUVs (Sports Utility Vehicles) that we're converting into small electric cars. Since the largest -- since part of the bill is of the fuel charge, efficient plants means less fuel, which means lower hills. To demonstrate this point, our new plants, which are part of this request, will save our customers over $1 billon over their operational life. In fact, since 2001, FPL has gone from burning 40 million barrels of nil a day to less than 600,000 in 2012. 1n this context, 1 would ask you to imagine if in 2001, the state of Florida would have mandated that we not invest in our infrastructure and denied our request to build these new, more efficient plants. They could have contended that oil was only a $1.52 a gallon, and why invest billions in new plants? Well, fast forward to 2012 and a gallon of gas is $4. Consider where we would he lino!' for the forward thinking of FPL. We would he paying substantially more far our electricity costs. Commissioners, there is a cost to doing nothing. And as this little hypothetical story demonstrates, if —we ignore our infrastructure today, it will cost us a lot more tomorrow. I think the School Board being here is very apropos because that is where -- how we feel, that we need to invest in our infrastructure today. Now is the time to invest in this infrastructure. We are currently investing over $3 billion a year, which is more than our net earnings, in strengthening our -- and improving our electric generation and delivery system, which hrings us to another key point that I would like the Commission to consider. FPL is the sixth largest employer in the County and a vital economic engine of this community. As civic leaders, I would ask yourself, isn't it in the best interest of this community to have a financially viable utility? Don't we want strong companies in the County that will continue to invest in the local economy and create jobs directly and indirectly? I know my time is brief; so instead of running you through the PSC's process for this rate case, I have printed out our latest press release, which recaps the settlement proposed by FPL and the key advocacy groups and sets out key upcoming dates. Commissioner, Mayor, 1 want to thank you again far giving me the opportunity to speak here today. And I would like to leave you with the assurances that FPL would never do anything that wasn't in the best interest of its customers and the City of Miami. I would be more than happy to answer any questions you might have at this point. Chair Suarez: Thank you, sir. Mr. Fernandez: And real quick, just to answer one ques -- one issue that -- Chair Suarez: You have 43 seconds. Mr. Fernandez: -- Vice President Gonzalez brought up. FPL is the single largest taxpayer in the state of Florida. We generate over $1 billion a year into the state's coffers. Chair Suarez: Thank you. Thank you so notch. City of Miami Pane 126 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Mr. Fernandez: Thank you so much. Chair Suarez: You know, my intent in bringing this -- first of all, we had two Miami -Dade League of Cities members who I respect tremendously as board members on the Dade League of Cities who feel very passionately about this issue. And obviously, as Commissioner Gort kind of just stated, it is a discussion item, and that's why I wanted both sides to discuss their perspective. We clearly don't have a full Commission. We could act on it, but lthink the expressed preference has been to wait 'til we have a full Commission to take action. I can tell you some of my thoughts personally. The first is -- and why I think it different -- it's completely different from the School Board referendum. One is the process is completely different. In the case of the School Board referendum, it's being put out to a vote, where the people are deciding whether or not they want to impose a tax upon themself The PSC's not even an elected body. It's an appointed body. So you go from one extreme, which is an extremely democratic process, to another extreme, which is not. I think the other glaring difference is that you have a for profit entity and a non for profit entity. So I think some of the arguments that were being made by hoth the Mayor and by the Vice Mayor of Hialeah had to do with the profit that you're reaping and the amount of money that you're asking for, and how that could, you know, interrelate. So those are just my thoughts on it. I'll let any of the Commissioners, if they have anything they want to say on it. Otherwise, we'll recess for lunch. Commissioner Gort: No. I believe the financial is very important. I mean, you talked about the lowest rate and so on, but at the same time, 1 thinkyou also provide -- which is something I discussed about the lines you have before. Your power generated by you is utilized by other and (UNINTELLIGIBLE) in other states, is my understanding. So this increase is only to the state of Florida. All the people that receive the services from you -- I think that's one answer. I don't want it now. You can always mail it to us. At the same time, we're talking about the profits that the FP&L has. If that is true, the amount of profit you have after paying taxes -- and that's something 1 thinkyou should let us -- inform us and let us know. But at the same time, this decision is made by the PAC [sic]; am I correct? Unidentified Speaker: Correct. Commissioner Gort: My understanding is, the PAC [sicJ -- and I don't know much about the process. 1 imagine they will look at all the facts of the income and how much the revenues are acquiring and what is the final numbers. And so, I would like -- not right noii'. Just send me a copy when you have a chance. Thank you. Chair Suarez: Yeah. I mean -- I think both sides of this very well intentioned argument can hear what the concerns are of the Commissioners here and provide us with any additional information that they think we might need for -- to make a decision. And I know that there's been some information entered into the record. Thank you. We're going to stand in recess -- Yes? Commissioner Spence -Jones: I do have questions. I was just letting -- Chair Suarez: Yeah, yeah. Commissioner Spence -Jones: I just want to -- Chair Suarez: Of course. Commissioner Spence -Jones: -- ask some questions of the Administration and FP&L just so that we can have this information when we come back. We already know how our Chairman feels about any kinds of -- kind of increases, so that's going to he an interesting sell. But I do want to say to FP&L, I would -- you talked about the jobs that are going to be increased because of this, you know, rate increase. I'd like to know -- not on the record now, but before, when we all get City of Miami Pane 127 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 back together, I would want to know how many jobs are we seeing that will take place. New jobs. I'm not talking about the existing jobs. 'Cause from my understanding, FP&L has been laying off a lot of people. Mr. Fernandez: Well, Commissioner, to that question -- and I had to shorten my speech to meet the five minutes. But one of the sections that I had to omit was part of our nuclear uprate project created 5, 000 jobs in our Turkey Point plant, and those 5, 000 jobs were generating $11 million a month to the local economy. If ,you ask your counterparts in Homestead -- Commissioner Spence -Jones: That's not -- Mr. Fernandez: -- and Florida City -- Commissioner Spence -Jones: I understand. But I'm saying that's now. But I'm saying with the new rate increase -- that's before the rate increase is taking place. I'm not talking -- Mr. Fernandez: right. Commissioner Spence -Jones: -- about what you're doing now. I'm talking about after this rate increase takes place, okay, how -- I don't need to know it now, just when it comes back in front of us, I need to know how many new jobs will he created by this increase. Mr. Fernandez: Thank you. Commissioner Spence -Jones: The other thing that I wanted to ask of our City Manager -- I don't know how the mayor of Pinecrest did it, but I think it was great that she was able to say, you know, with this increase that there's going to he an additional $2 million that her businesses and homeowners or residents will have to pay. 1 think that's great to understand what kind of impact that will have on her city. I'm not sure how you did it, but I would like to ask for- our City Manager, whoeveris on Administration, maybe GSA (General Services Administration), I'm not really sure, to work together so -- 'cause I would like to know what would be that number for us. I think it's extremely important. Johnny Martinez (City Manager): We'll check their methodolo ' and use as much as we can to he efficient. Commissioner Spence -Jones: Okay. And then last but not least, Mr. Chairman, we had -- during our briefings with FPL on this issue, I kind of got the impression or I was kind of told that we really didn't have a choice on the -- a choice in the matter on the increase because -- so I'm trying to understand the purpose of this vote or us -- of this discussion is just to -- far us to pass a resolution that will go in font of the board to say that the City, of Miami is not in support of the increase, correct? Victoria Mendez (Assistant City Attorney): Not in -- Chair Suarez: Yes. 1 think -- Commissioner Spence -Jones: So that's basically what -- Chair Suarez: Yeah. Commissioner Spence -Jones: -- it's about. Chair Suarez: Let me answer, yeah. City of Miami Pane 128 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Commissioner Spence -Jones: So no matter what we do on this end -- Chair Suarez: It's a public expression of support of whatever position. Commissioner Spence -Jones: -- it doesn't really -- Chair Suarez: Right. Commissioner Spence -Jones: -- matter. Is that -- that's what -- Ms. Mendez: It is sent -- Chair Suarez: It's not binding to anything. M. Mendez: It's sent to the Public Service Commission as information on who is -- because the Public Service Commission holds hearings, which I attended one of them. And they hold hearings and listen to what the public has to say, what agencies, hospitals, municipalities have to say with regard to the rate increase. So this would he information that is sent to the Public Service Commission in their hearings and now in their future settlement -- their entertaining settlement negotiations with FPL, and they would take that into account. Commissioner Spence -Jones: Okay. Let -- Councilman Gonzalez: IfI may, Mr. Chairman. Just a quick clarification. The objective of the resolution, as the President of the Miami -Dade County League of Cities, is to raise awareness that this is going on right now at the PSC hoard in Tallahassee. The vote will probably he in the second or third week of November, so that's why the time will he now for the public to know and for us to express whether we're in favor or not in, favor. 1 can tell you Pinecrest, South Miami, the city of Hialeah, Doral, and I believe, Miami Beach and Miami Lakes are going to pass it now soon. But Pinecrest, South Miami, Hialeah and Doral. Commissioner Spence -Jones: So the feeling is, Vice Mayor, that flail these cities come together to say, Hey, look, we don't want a rate increase, then that information is shared with the hoard, the PSC board? Ms. Mendez: Right. And you can also send a representative as well to say any -- Councilman Gonzalez: The governor, the representative and senators. Commissioner Spence -Jones: Okay. All right. And just so I'm clear, do we know offhand -- maybe I might be just asking a crazy question, Mr. Manager -- do -- or City Attorney -- Ms. City Attorney. Do we know what -- I know that they pay -- Florida Power & Light paid some sort of franchise fee to us, correct? M. Mendez: Yes. We have a franchise fee that was passed in May of 2010. Commissioner Spence -Jones: Okay. And has that increased on our end? Ms. Mendez: If -we'll get more monies based on --? Commissioner Spence -Jones: No. I'm saying has what we passed in 2010 -- I wasn't here so -- what we passed in 2010, did that show an increase from the agreement prior to that? Ms. Mendez: I believe so, but it would have to he the -- City of Miami Pane 129 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Commissioner Spence -Jones: I would just like to know if there was an increase that was made from that. Ms. Mendez: 1t was renegotiated, and my understanding is that we did get additional monies at the time from the previous franchise agreement. But we would have to get those numbers. The Administration would have to get the exact numbers. Commissioner Spence -Jones: Okay, so then that raises an even bigger question for me, is, Okay, if this rate increase happens, which what you laid out says it's a lot of money that they're going to be making, does that mean that -- 'cause I'm sure we can use extra money, right, Mr. City Manager? Okay. Mr. Martinez: Every penny. Commissioner Spence -Jones: All right, every penny. Does this mean now, M. -- Madam. City Attorney, that we can also get a increase in our franchise fee? Ms. Mendez: I am not sure. I would have to review the franchise agreement. But Mayor Lerner might have some information on that. Mayor Lerner: The fact is in order for the municipality to see an increase in franchise fees, that would be coming directly out of your residents. By their paying a higher electric bill, the percentage of what goes back -- the franchise fee is basically a pass -through tax -- Commissioner Spence -Jones: Right. Mayor Lerner: -- that we all -- the consumers, I don't think, really understand that. I never understood it until after 1 was elected. But -- because we're actually looking at weaning ourselves off of the franchise fee so the next time we have to negotiate a franchise agreement, we can say, thanks, but no thanks. We choose not to enter into afranchise ranchise agreement. Commissioner Spence -Jones: But then -- Mayor Lerner: That's a commitment that we've made by resolution. But in order, for you to see higher franchise fees, that's coining directly out of the pockets of your constituents. Commissioner Spence -Jones: Right. Mayor Lerner: That's the only way you get more money. And in fact, that's an argument FPL is making to the cities. Commissioner Spence -Jones: Yeah. Mayor Lerner: Let us get the rate increase, and then your franchise fee allocation goes up. Commissioner Spence -Jones: Okay. But you're saying -- Mayor Lerner: But without making it clear to your residents and your businesses -- Commissioner Spence -Jones: -- it's really not -- the franchise fee itself is really not any additional income that FP&L is giving up. It's actually being giving up hecause we're now increasing it on the -- Mayor Lerner: On the consumer -- City of Miami Pane 130 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Commissioner Spence -Jones: -- constituent side. Mayor Lerner: -- on the rate payer. exactly. Commissioner Spence -Jones: But that's -- is that because -- I just want to -- I don't want to get into a long discussion on it. So hopefully, you can explain it to me so I better understand. Is that because we decided for it to he a pass -through? Councilman Gonzalez: If -- Mayor Lerner: That's the structure of the franchise agreement. When it is signed, the -- Commissioner Spence -Jones: But that's because we've signed -- Mayor Lerner: -- value hack to the city for -- Commissioner Spence -Jones: But that's because we -- Mayor Lerner: -- signing over rights to FPL is to allow you to get pass-throughs. Commissioner Spence -Jones: Okay. So can I ask this question then, which is -- Councihnan Gonzalez: Commissioner, if I may. I think I might answer what you're looking for. City of Miami will receive more revenues if the rate increase, it passes through. They will get more revenues from the residents. Therefore, you will get, through the franchise fees, more revenue. So it's a revenue positive for the cities, but at the expense of -- Commissioner Spence -Jones: Of your residents. Councilman Gonzalez: -- an indirect tax to the residents. Commissioner Spence -Jones: And I guess my issue and concern on it would be -- and I'm going to ask our City Attorney to look at it. The reason why it's an issue is because of the way that the franchisee agreement was created, for it to be a pass -through, right? But as the city or our own entity, I mean, we have the ability -- Right, Madam City Attorney? -- to create and develop our own franchise fee. Ms. Mendez: This was a franchise agreement that we entered into and it's -- right now, it's for 30 years. So we would need to look to see if there's any way to modify it. Commissioner Spence -Jones: Okay, so I just think that it's important -- I understand your point. Your point is that it's being passed through. But -- and that's because that's the said agreements. But we change agreements all the time up here. So I'm just -- I would really like to have a greater understanding of the agreement -- Ms. Mendez: The franchise agreement. Commissioner Spence -Jones: -- itself and if there's another way to look at how that agreement is done that -- Mr. Fernandez: Commissioner. Commissioner Spence -Jones: -- so it's not necessarily coming from -- Mr. Fernandez: Ili may. We'll be more than happy to sit with you -- City of Miami Pane 131 Pointed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 Commissioner Spence -Jones: Okay. Mr. Fernandez: -- and explain to you the franchise agreement and what the, you know, caveats are. Chair Suarez: Cool. Okay, so we're going to break* lunch until 2:30 sharp. And thank you guys for corning, both sides. Appreciate it. Councihnan Gonzalez: Thank you very much. Chair Suarez: Thank you. D4.2 DISCUSSION ITEM 12-01066 D5.1 12-01049 DISCUSSION REGARDING COLLECTION OF SPECIAL ASSESSMENT LIENS. 12-01066 Email - Collection Special Assessment Liens.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Spence -Jones Note for the Record: Item D4.2 was deferred to the October 25, 2012 Commission Meeting. END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES DISCUSSION ITEM DISCUSSION REGARDING THE STAND UP AGAINST VIOLENCE ALLIANCE. 12-01049 Stand Up Against Violence Alliance.pdf DISCUSSED Chair Suarez: We have a time certain item at 11:15. 1 see the School Board superintendent out there doing an interview. I don't know if there's any BCs (Boards and Committees) that we can do in the meantime or do we just wait for the superintendent. Commissioner Spence -Jones: Mr. Chairman, I -- Chair Suarez: Yes. Commissioner Spence -Jones: -- want to ask you. We're probably going to be finished early today, right? Chair Suarez: I sincerely hope so. Commissioner Spence -Jones: So we probably won't -- 'cause after 12, I'm not going to be able City of Miami Pane 132 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 to -- Chair Suarez: Come hack. Commissioner Spence -Jones: -- come back. Chair Suarez: Okay. Commissioner Spence -Jones: So if we can go -- can we go ahead and appoint and get this nut of the way, if we can? Chair Suarez: Sure. I just have a time certain, and I know the superintendent has a tight schedule. So as soon as he's done -- we're one minute away from the time certain time that I gave him. So as soon as he's done, I'd like to just get it going. It's a resolution. Hopefully, it'll he quick -- Commissioner Spence -Jones: Okay, no problem. Chair Suarez: -- and then we can -- Commissioner Spence -Jones: All right. Do you want to take another item so we're just moving? Chair Suarez: Yes. Commissioner Spence -Jones: Do you want to do --? Chair Suarez: Which was your BC item that you'd like to do? Is there one in particular? Commissioner Spence -Jones: So we're not dealing with any of the D 1 (District 1) items? D 1, D2 (District 2)? Chair Suarez: We're going to deal with all of them. Those are all discussion items that are going to take a while so -- Commissioner Spence -Jones: Really? Chair Suarez: -- which BC item would you like to appoint? Was there one in particular? Commissioner Spence -Jones: Yeah. I'll go ahead and get mine nut of the way. Chair Suarez: Go ahead. Commissioner Spence -Jones: Okay. The first one is what we talked about. I don't know where the -- the Chief is sitting right there. And that is, Chief, on the Stand Up Against Violence. I know we passed the legislation already here, and I know that we just forwarded the information to the City of Miami Gardens and the City of North Miami and they'll be passing that same legislation. But I do want us to look at the resources that we do have available to help with this -- through LE -- Law Enforcement Trust Fund, to see if there's any way that we can ident J some resources that could be set aside just to address the gun violence issue, whether or not that be media, whether or not that be whatever it is to, you know, provide support to assisting with our effort to do that. The other -- the mayor of both cities -- City ofNnrth Miami and City ofMiami Gardens, they also have LETF (Law Enforcement Trust Fund) funds as well, so we're talking about how we can combine those resources so that we'll have a bigger pot to address dealing with it from a prevention and intervention and an education standpoint. So I just really wanted to say to you, if there's any way you can come back with some sort of plan or identify some City of Miami Pane 133 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 resources that could actually go towards assisting the Stand Up Against Violence. ChiefManuel Orosa (Police): Okay. Commissioner Spence -Jones: I did meet with -- wanted to let you guys know we did meet with the Miami Heat this week on Monday, and they are joining the movement for the Stand Up Against Violence. And they have agreed to have the players all do PSAs (Public Service Announcements) about standing up against violence, which I think is great fir the City. So I definitely want to have -- they're going to actually cut them next week, those spots during their media days. But I just want to make sure, as we roll out this stuff, we have the resources to do it properly and just not just doing stuff and not having a full plan on that. Chief Orosa: Commissioner, thank you. I'll be more than happy to sit down with you, the alliance, and anything to do to stop the violence in our community, I'm for it. So let's move ahead with this. Commissioner Spence -Jones: Thank you, Chief Chief Orosa: Okay. Chair Suarez: Thank you, Chief. D5.2 DISCUSSION ITEM 12-01116 D5.3 12-01131 DISCUSSION ON WHETHER THE HISTORIC ENVIRONMENTAL PRESERVATION BOARD SHOULD HAVE JURISDICTION ON MATTERS CONCERNING UNSAFE STRUCTURES THAT ARE DESIGNATED HISTORIC AND, OR LOCATED WITHIN A DESIGNATED HISTORIC DISTRICT. 12-01116 Email - Unsafe Structures - Designated Historic District.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Spence -Jones Note fbr the Record: Item D5.2 was deferred to the October 25, 2012 Commission Meeting. DISCUSSION ITEM MANDATORY EXIT INTERVIEWS WITH COMMISSIONERS FOR CERTAIN SENIOR STAFF MEMBERS. 12-01131 Email - Exit Interviews - Senior Staff Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Spence -Jones Note for the Record: Item D5.3 was deferred to the October 25, 2012 Commission Meeting. END OF DISTRICT 5 City of Miami Pane 134 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 NA.1 12-01186 NA.2 12-01187 NON AGENDA ITEMS DISCUSSION ITEM DISCUSSION BY COMMISSIONER GORT REGARDING THE USE OF TEAMWORK AND COMMUNICATION AMONG CITY DEPARTMENTS TO RESOLVE A SPECIFIC INCIDENT REGARDING A CERTIFICATE OF USE AND REITERATING THE NEED TO COMMUNICATE AS THE CITY MOVES FORWARD TO RESOLVE OTHER MATTERS EFFECTIVELY. DISCUSSED Commissioner Gort: I have two more. Chair Suarez: Go for it. Commissioner Gort: The discussion -- I already talked to Assistant Manager Cabrera about the discussion, certificate of use. And one of the things we need to do is somehow teamwork. I've had a problem with this property far -- since I got elected in January 2010. It was the biggest problem within my district. You can check with the police and they can tell you how many times they have been going there. And the only time we were able to accomplish something is when we, through the Manager, I sent an e-mail (electronic) requesting a meeting with all the different agencies that have to deal with the problem. We all got together and we were able to do something. Somehow, we got to continue to get people to have teamwork. We got to he talking to each other and the departments got to be talking to each other and coordinate the efforts. The certificate of use is something that sometimes -- and we've had this problem before. With our Building Department in court with one case because the person does not have a certificate of use. Then all of a sudden, the guy shows up and says, hey, I do have a certificate of use. There was no communication. Somehow -- I'm not the expert at it -- but we got to find a way to synchronize that. I know they doing it right now. They're working as a team and that's very important. We have to continue the teamwork. That's the only way we're going to get things done. Chair Suarez: Thank you. DISCUSSION ITEM DISCUSSION BY COMMISSIONER GORT REGARDING THE AUDIT FINDINGS RELATED TO THE SERVERS IN THE POLICE DEPARTMENT AND THE NEED TO USE ALTERNATIVE SOURCES OF FUNDING, SUCH AS GRANTS, TO ENSURE THAT THE RECOMMENDATIONS MADE BY THE AUDITORS ARE IMPLEMENTED. DISCUSSED Commissioner Gort: The other -- and the last one -- well, before the last. In reading the audit on IT (Information Technology), there was a problem that showed up -- I'm sure you're all aware of it -- about the service being in certain places in the police department, where they have a lot of problems in maintaining it because of the weather, security or whatever. My understanding is there certain recommendations that has been made in how to improve the situation and the answer is there are no funds identified in 2012-2013 fiscal year budget. Now this is a very important thing. I mean, communication is the whole thing. There might not be any funding in the police budget, but I'm sure there's a lot of grants out there where we can use the funding from City of Miami Pane 135 Printed on 11/5/2012 City Commission Meeting Minutes October 11, 2012 NA.3 12-01188 ADJOURNMENT those grants to take care of this, and this is what I'm asking. Look into the grants and I'm sure that some of the grants, they have the funds to be able to fix that. This is very important fbr us 'cause this is our communications system, okay. DISCUSSION ITEM DISCUSSION BY COMMISSIONER GORT REGARDING THE STATUS OF THE ANALYSIS REQUESTED FROM THE ADMINISTRATION ON THE TEMPORARY PERSONNEL SERVICES USED BY THE CITY. DISCUSSED Commissioner Gort: Last one. That's it. Thank you. The last one is, if recall, last Commission meeting I requested to get me the information of hiring temporary through ourself versus hire temporary through an agency, what is the savings if we do it nurself? We used to do it all the time. I don't know why we have to have an agency to do that, and I requested that for you to please provide me the analysis and the study at the last Commission meeting, okay? I don't have it. Chair Suarez: Thank you. Commissioner Gort: That's it. Chair Suarez: Thank you, Commissioner. The meeting adjourned at 3:22 p.m. City of Miami Pane 136 Printed on 11/5/2012