Loading...
HomeMy WebLinkAboutCC 2013-01-24 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com I 1t reATil Meetinq Minutes Thursday, January 24, 2013 9:00 AM PLANNING AND ZONING City Hall Commission Chambers City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chair Wifredo (Willy) Gort, Vice Chair Frank Carollo, Commissioner District Three Francis Suarez, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Johnny Martinez, P.E., City Manager Julie O. Bru, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes January 24, 2013 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCE FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES BI - BUDGET DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEMS) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS DI - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City nfMiam,i Page 2 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chair Gort, Chair Sarnoff, Commissioner Carollo, Commissioner Suarez and Commissioner Spence -Jones On the 24th day ofJanuaiy 2013, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Regular Commission Meeting was called to order by Chair Sarnoff at 9:14 a.rn., recessed at 12:05 p. in., reconvened at 12:32 p. in., recessed at 12:38 p. in., reconvened at 3:14 p.m., and adjourned at 7:51 p.m. Note,far the Record: Commissioner Carollo entered the Commission chambers at 9:16 a. in., and Commissioner Suarez entered the Commission chambers at 9:35 a.m. ALSO PRESEXT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Todd B. Hannon, City Clerk Chair Sarnoff: Good morning. All right, I want to welcome eveiybodv to the January 24, 2013 meeting of the City of Miami Commission in these historic chambers. The members of the City of Miami Commission are Wifredo "Willy" Gort, the Vice Chair, Commissioner Frank Carollo, Commissioner Michelle Spence -Jones, Francis Suarez, and myself, Marc David Sarnoff, the Chair. Also on the dais are Johnny Martinez, the City Manager, Julie O. Bra, the City Attorney, and now I finally get to announce Todd Hannon, the City Clerk. Todd, please stand up and take a bow. Applause. Chair Sarnoff.- Now I've spoken to Todd and he realizes that he's going to have to deal with the hair code in the City ofMiami. So we don't know that the ponytail will make it to the next meeting. But no, Todd, welcome to the dais, not that you haven't been here hefore, but welcome in your official capacity. The meeting will he opened i-vitha prayer by Commissioner - Spence -Jones and the pledge of allegiance by Commissioner Gort. Invocation and pledge of allegiance. PRESENTATIONS AND PROCLAMATIONS PRA 13-00036 Honoree Presenter Protocol Item HOLIDAY SUPPORTERS La Gran Naranja Mayor Regalado Special Awards Pablo Raul Alarcon, Sr. - Global Citizen Award - Posthumous Betty Wright & Maffio - New World Cultural Ambassador Awards Pam Weller - Bayside - Global Corporate Citizen Award City ofAtiand Page 3 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Tree Lighting Event City Departments Fire Department GSA Mayor's Office Staff NET Police Department Solid Waste Department Corporate Sponsors Amigos for Kids Coca-Cola Dade Medical College Estrella de Oro FP&L High Top Products Miami Outboard Club Nardy's Marketplace Ron Magill Sedano's Supermarkets Community Supporters XMAS On 15th Avenue Committee Commissioner Spence -Jones World AIDS Day Walk Simply Healthcare Downtown Development Authority Maj. Jorge Gomez - Police Dept. Jackie Bell - Living Legend Award 13-00036 Protocol Item.pdf PRESENTED Certificates /Salutes Certificates/Salutes 1) Mayor Regalado paid a posthumous tribute to Pablo Raul Alarcon, Sr., the inspiring Cuban American founder of Spanish Broadcasting System (SBS), the largest publicly -traded Hispanic -controlled media and entertainment company in the United States, through the Miami Global Citizen of the Year Award,"further celebrating his life, contributions and outstanding resolve as one of this Region's most important and respected leaders with the rise of La Gran NaranjaW the 2012 Annual South Florida Big Orange New Year's Eve Holiday Celebration. 2) Mayor Regalado presented the /Miami Global Corporate Citizen Award'to Pamela Weller, on beha f of Bayside Marketplace, in appreciation for their wonderful commitment to civic responsibility and communal welfare through their support of *Za Gran Naranja'at the 2012 Annual South Florida Big Orange New Year's Eve Holiday Celebration. 3) Mayor Regalado presented the Tliami New World Cultural Ambassador Award'to R&B trailblazer, Betty Wright, honoring her sefess generosity in the use of her resources, expertise, and talents to elevate the quality of life in Miami, her hometown; further recognizing her participation in lea Gran Naranja'at the 2012 Annual South Florida Big Orange New Year's Eve City ofMiand Page 4 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 MAYORAL VETOES Holiday Celebration. 4) Mayor Regalado presented the liliami New World Cultural Amhassador AwardIo Maffio, the King of Electronic Merengue, in appreciation of his talents and performance as the headliner and countdown performer in La Gran Naranja'at the 2012 Annual South Florida Big Orange New Year's Eve Holiday Celebration. 5) Mayor Regalado presented Special Certificates of Appreciation to various community partners and City employees for their commitment to ensuring the success of the 2012 Tree Lighting Ceremony, through their support and donations. 6) Commissioner Spence -Jones presented Special Certificates of Appreciation to members of the XMAS on 15th Avenue Committee for their commitment to ensuring the success of this event through their support and donations. 7) Commissioner Spence -Jones presented Special Certificates of Appreciation to Clear Health Alliance, Downtown Development Authority and Major Jorge Gomez for their commitment to the success of the World AIDS Day Walk. 8) Commissioner Spence -Jones presented the Special Tribute to a Living Legend Tecognition to Jackie Bell for her wonderful contributions as a community activist in the City ofMiami; in addition to honoring her outstanding service, goodwill and commitment to excellence as a long standing Overtown resident, political activist, and businesswoman who models genuine leadership in the development of her community. Chair Sarnojj. We will now make the presentations and proclamations and then I'll begin the meeting. The City Attorney will state the procedures followed during the meeting. Let's do the presentations first, right? Okay. So we are going to recognize our Mayor, Tomas Regalado, for presentations.for the La Gran Naranja. Mayor Tomas Regalado: Okay, the Big Orange. Presentations made. NO MAYORAL VETOES Chair Sarnoff: All right. So let's go to the first -- PH 1. Madam CFO (Chief Financial Officer), let me just make an announcement -- or let me make a request. Mr. Clerk, are there any mayoral announce -- mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. ORDER OF THE DAY Chair Sarnojj. We'll now begin the presentation -- oh, I'm sorry. We'll now begin -- the City Attorney will state the procedures to he followed during the meeting. Julie O. Bru (City Attorney): Good morning Mr. Chair, members of the Commission, Mr. Mayor, Mr. Manager, Mr. City Clerk, and members of the public. Any person who's a lobbyist must register with the City Clerk hefore appearing hefore the City Commission. A copy of the Code section about lohbyists is available in the Citv Clerk's office. The material for each item on the agenda is available during business hours at the City Clerk's office and online at i- vww.miamigov.com. Anyone wishing to appeal any decision made by the City Commission for City of Miand Page 5 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 any matter considered at this meeting may need a verbatim record of the item. Please, no cell phones or other noise -making devices. Any person making offensive remarks or who hecomes unruly in the Commission chamhers will he harred from further attending meetings. Any person with a disability that requires auxiliary aids, please seethe City Clerk. And the lunch recess will begin at the conclusion of 'deliheration of the agenda item being considered at noon, unless the Chairman indicates otherwise. Thank you. Chair Sarnoff: Yeah. We will he taking lunch today at 12:30 to 3 o'clock, 12:30 to 3 o'clock. All right, Administration wish to defer or withdraw any items? Johnny Martinez (City Manager): Yes, Mr. Chair. Chair Sarnoff: You're recognized for the record, Mr. Manager. Mr. Martinez: RE. 12, defer to Fehruary 14. That's my only item. Chair Sarnaff Any Commissioners wish to defer or withdraw any items? All right, is there a motion on --? Mr. Martinez: I thought -- Chair Sarnaff: I'm sorry. Something else? Mr. Martinez: -- there was an item that may he deferred by a Commissioner. Chair Sarnoff: On the PZ (Planning & Zoning) you're talking ahout or --? Mr. Martinez: No. Ms. Bru: In the meantime, Mr. Chair -- Mr. Martinez: RE. 12 --no, no, no. Ms. Bru: Okay, I have RE. 10 that I would like to withdraw, please. Chair Sarnoff: Okay, so we have RE.10, RE (Resolution) -- Is RE. 12 a withdrawal or a continuance? Later... Chair Sar naff • Okay. Anyone else? I know there's some PZ (Planning & Zoning)items. I just i-vant to announce for the record -- and I know we're not into PZ, Mr. Clerk, but I will he indefinitely deferring PZ.1 and PZ.2. Commissioner Spence -Jones: PZI and 2? Chair Sar naff • Correct. I think they're joint items, if I remember torr-ectly. Commissioner Spence -Jones: Okay. Can -- so -- Chair Sarnoff: But I'm not making the motion. I'm just letting the folks knoiv that that's my intention. Commissioner Spence -Jones: Can we do it with the other ones as well so they don't have to sit around -- City ofAtiand Page 6 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Mice Chair Gort: You have to do it after five. Chair Sarna. f: We have to do it during the PZ agenda. You might avant to announce what you're going to do so that they don't -- Mice Chair Gort: It's after 1. Chair Sarnoff: -- have to appear and -- Commissioner Spence -Jones: Yeah. Chair Sarnoff: So why don't you name what you're going to do. Comniissioner Spence -Jones: Okay, I know that have one that I'm withdrawing. It's PZ 5. Chair Sar Haff • Okay, PZ. 5. Eveiyhody who's coming -- Commissioner Spence -Jones: And -- Chair Sarnoff: -- fnr that should know about that. Commissioner Spence -Jones: Okay. Chair Sarnoff: That's it? Commissioner Spence -Jones: Yeah, that's it on my side. Later... Chair Sarnoff: Okay, so we have no consent agendas. Commissioner Carollo: Mr. Chairman. Chair Sarnaff• You're recognized. Commissioner Carollo: I think your direct -- the director of Planning wants -- Chair Sarnoff: Oh, I apologize. I didn't see you. Commissioner Carollo: I think it's a deferral. Francisco Garcia (Director, Planning): No trouble at all. I also wanted to add -- again, for information purposes, not to take action right now. There is an item in the -- in District 3, and I don't have the agenda handy, hut helieve its item -- Commissioner Carollo: I believe it's PZ.6 and PZ.7, which are companion items. Mr. Garcia: That is correct. And that is a Cit_v application, and we intend to continue those as well. Chair Sarna. f: So anybody who is going to appear. for PZ. 6 and PZ. 7, please he on notice that it is our intention when the agenda opens up to continue PZ.6 and PZ.7. Any other Commissioners, any ordering of today you want to discuss? Okay. City of Atiand Page 7 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Mice Chair Gort: PZ.7 and 8, is that correct? Chair Sarnofj: PZ 6, PZ 7 is what I think he announced. Ince Chair Gort• 6 and 7, okay. Later... Chair Sarnofj: I apologize. Now you're recognized. Commissioner Carollo: And Mr. Chairman, if I may, a point of privilege real quick. Chair Sarnojj: Go ahead. Comniissioner Carollo: On --I think we have an item that is a time certain for 10:30. Itis DL 4, the outside attorney fir the Commission. Is it possible to have nay office receive any applicants [sic] or resumes that have been gathered so we could have a little time to review what we've -- you know, what I believe Commissioner Suarez has obtained? Is it possible before --? We have a time certain and I would imagine everything's presented and we start having to do everything at once. Commissioner Suarez: Yeah. And you know, one of the things I was going to do when I started the discussion is, first of all, apologize because, you know, the time frame that we had to compile information and to try to grow the list ofpossibilities was very short. With the five-day rule, you only have, you know, a feiv days to actually get stuff together, so we kind of -- Mike and I kind of debated whether we should send something last night just to give you a little hit of 'a heads up. We actually got someone who was -- who confirmed their availability this morning, so we were kind of still -- there's actually two people that were in play last night and it's been a flux. I don't envy the Chair, for having had to do it the first time. And we spent a lot of time and energy over the last couple of weeks, and it's heen more of a rollercoaster than I'd like to admit. But sure, whatever we can do to accommodate the Commissioners so that they have as much time as necessary to deliberate is fine with me. Commissioner Carollo: Yeah. And Mr. Chairman, I at least -- I just want to be able to see, you know, the different attorneys and so forth sa we have a little bit of time. I clearly understand, you know, with the five-day rule, but this is a little different. Commissioner Suarez: I understand 100 percent. Commissioner Carollo: And I appreciate the work that you've done. Commissioner Suarez: Thank you. We can get you copies of all that. Mike has it. We have another one here. It seems like another person. As much time as you need, you know, Comniissioner, I understand. It's been a process that has been --has taken a little longer and been more involved than I thought it would he, to he completely honest with you. Commissioner Carollo: And thank you, Mr. Chair. I just wanted to, you know, by the time that the discussion comes up, be able to, you know, have a heads up of the different resumes and applicants. Chair Sarnofj: Well, let me ask von, 'cause its a 10:30 time certain. You're getting information handed to you now. How would you --how do you want to go about--? /don't know that we'll take an action, not take an action, but how do you want to go about reviewing --? I handed the Commissioner something as well, 'cause -- and I'm not trying to open tip the item for reasons, but how do you want to handle -- procedurally, you want to --? Do you want to have an opportunity City ofMiand Page 8 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 to look through these? Do you want somehodv in your office to have an opportunity to look through these? 'Cause I want you to he comfortable. Commissioner Carollo: You know, let's just continue with the meeting as planned, at 10:30. In the meantime, I'll try to multitask and start reviewing some of these. Also, one that I don't see is apparently the attorney, Mr. Davis, was also going to send some type of -- Chair Sarnojf: Yeah. He has withdrawn. Commissioner Carollo: He has withdrawn, okay. Commissioner Suarez: I was going to make -- I was going to -- Commissioner Carollo: And I just -- and again, I just want to be -- have a heads up, so by the time we have the actual discussion, I'm somewhat prepared. So I don't mind going on time, and I'll multitask and do it while -- Chair Sarnoff: TVeiy good. Commissioner Carollo: -- were going through the agenda. Thank you. City ofAtiand Page 9 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 PUBLIC HEARINGS PHA RESOLUTION 12-01208 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) Finance BY FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PURCHASE OF PROPRIETARY SOFTWARE LICENSES, MAINTENANCE, AND TECHNICAL SUPPORT AS WELL AS A MANAGED SERVICES GATEWAY FOR CREDIT CARD PROCESSING, FROM WONDERWARE, INC., D/B/A CORE BUSINESS TECHNOLOGIES ("PROVIDER"), FOR THE CITY OF MIAMI'S POINT OF SALE CASHIERING SYSTEM; ALLOCATING FUNDS FROM THE DEPARTMENT OF INFORMATION TECHNOLOGY ACCOUNT NO. 00001.251000.546000.0.0 AND THE DEPARTMENT OF FINANCE ACCOUNT NO. 00001.162000.534000.0.0, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT EFFECTIVE DECEMBER 1, 2012, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE PROFESSIONAL SERVICES AGREEMENT WITH THE PROVIDER. 12-01208 Summary Form.pdf 12-01208 Memo - Point of Sale Cashiering System.pdf 12-01208 Memo - Finding of Sole Source.pdf 12-01208 Notice to the Public.pdf 12-01208 Price Quote.pdf 12-01208 Letter - Sole Source Justification. pdf 12-01208 Amendments 1 - 3.pdf 12-01208 Contract Award.pdf 12-01208 Pre - Professional Srvcs. Agrmt. 414217.pdf 12-01208 Core Business Technologies. pdf 12-01208 Legislation.pdf 12-01208 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0029 Direction by Chair Sarnoff to the Administration to evaluate the software and technology in place for the departments of Building, Finance, and Code Compliance to determine the efficiency of these programs in enabling communication between these departments and report the findings to the City Commission within 60 days. Chair Sarnoff: All right, so I think we can get PH I done and then -- yeah, I think we'll get PH I -- I think we'll get the PHs (Public Hearings) done. Madam CFO (Chief Financial Officer), you're recognized for the record. City nfMianu Page 10 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Janice Larned: Mr. Chair, City Commission, Janice Larned, Assistant City Manager/Chief Financial Officer. PKI is to confirm the City Manager's finding of a sole source and waiving the requirements, for competitive sealed bid procedures and approving the purchase of proprietary software licenses, maintenance and technical support. It is also including a gateway services for the credit card processing. Essentially, the value of this particular item is for one year, and it's a minimum of]. -- 8.8 thousand dollars, not to exceed 11.5 thousand dollars. I can entertain any questions at this time. Chair Sarnoff: All right. Let me open up a public hearing. The public (tearing on PH. I is now open. Anyone from the public wishing to he heard on PH. 1, please step up. Hearing none, seeing none, the public hearing is noit, closed; coming hack to this Commission. Let's take -- see f there's a motion and if there's any discussion. Vice Chair Gort: Move it for discussion. Chair Sarnoff All right. Commissioner Suarez: Second. Chair Sarnoff: Commissioner Gort has moved. The second is by Commissioner Suarez. Commissioner Gort's recognized, for the record. T'ice Chair Gort: Now my understanding, this is a software that were going to purchase. Ms. Larned: Actually, it's two different things that are holted together, if fou will. Vice Chair Gort: Okay. You got to explain it to me 'cause 1'mnot too knowledgeable about IT (Information Technology). Ms. Larned: This particular service and application started back in 2005, at the time at which the Cit), was undertaking a conversion f om Legacy Systems into the Oracle Enterprise Resource Planning. At the time, we were looking forward and saying we needed to have electronic payment capabilities, which is credit cards, debit cards -- Vice Chair Gort: Correct. Ms. Larned: -- etcetera. Vice Chair Gort: Yes. Ms. Larned: We had to design a software because one was not available in the Oracle package at the time. That's what this particular contract came into play. We went out and at that time found a contract that had been competitively selected in Clark County, Washington. We think Piggybacked under that contract to design and develop the gateway for credit card processing. Tice Chair Gort: Is that process going to he integrated into our existing program that we have today? 'Cause one of the biggest problems I hear in our feedback that I get from people is we have spent millions of dollars in IT, and yet, there's a lot of things that are being done by hand. There's not communications. So I want to make sure whatever we get is able to communicate with what we have in existence. Ms. Larned: I appreciate the question 'cause we have had numerous conversations regarding this. This particular software was designed for the original conversion. Since that time, we have been able to find another application that will in fact work with Oracle. And so, we're only City of Atiand Page 11 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 asking for a one-year agreement for this item so that we can now evaluate, since we do have an alternative, whether or not we want to continue with this going forward, so it's one year. Vice Chair Gort: I think we need to do that. I mean, that's being done everywhere. But I want to make sure it's integrated. I don't want it -- within six months, come back and say it's not working; it's not communicating. Okay, thank you. Ms. Larned: Thank You. Chair Sarnaff: Anyone else? Commissioner Carollo: Yes, Mr. Chairman. Chair Sarnojj. Commissioner Carollo's recognized for the record. Commissioner Carollo: Thank you, Mr. Chairman. And this is going to be a question that I've asked in the past and it's probably going to be the same far PH. 1, 2, and 3. Four, -f ftlt waivers, why do we need a four -fifth waiver? Ms. Larned: Because -- again, there are two items here that are bolted together; one is a credit card servicing -- or credit card service processing. That is not sole source. There area number of vendors that provide that. However, to have our computer talk to their computer, talk to the bank's computer, we had to have this special program designed and developed a number of years ago. We have about 150, 000 --well, about $120, 000 of capital and maintenance costs all sunk into this program. We anticipate another 20. Now that does not include the processing, which was about $30,000 since 2007. So, essentially, we have a program that is sole source, and it's that component by which we said, unless we can find a different application, write one ourselves, or find an appropriate module.for Oracle, then this is sole source. We have since found that, but we're not ready to transfer -- well, we're in the process of transition, so we're still operating in this contract and we need to complete that one-year in order to finish the transition to a new gateway and then evaluate the volume to see if *we have to look at the whole picture and separate the application from the credit card processing. Commissioner Carollo: So within a year, then, we cart actually do an RFP (Requestfbr- Proposals) process, possibly? Ms. Larned: We're going -- within this year, we are going to evaluate and assess -- and again, I don't want to have any pre -drawn conclusions, but it appears that perhaps we may he going out for an RFP. Yes, sir. Commissioner Carollo: Okay, I appreciate you saying that. And again, it's something that I've mentioned in the past with all these sole sources contracts. And it seems like, to a certain degree, you know, we have our hands tied. So I just want to see, you know, how reasonable it is for us to continue to use sole sources, you know, in various areas. You know, we have three different departments requesting sole source contracts that need a -- require four fifth waivers. And I'm just trying to, whenever possible, go out to an RFP. Ms. Larned: Yes, sir. In fact, the timing of this is interesting because we just met with a vendor yesterday that has expressed some interest, and I bored them to tears with my background in my former life of banking and electronic payment, so I understood exactly the issue. And I do believe this next year we will he going -- undergoing that assessment and that review. Commissioner Carollo: Thankyou. Chair Sarnojj. Anyone else? City of Miand Page 12 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Commissioner Suarez: Echo those comments. Chair Sarna.f. Madam -- I'mnot good at this. Madam City Manager. Ms. Larned: Hey. Chair Sarnojf: Maybe it sounds good. Maybe that's something in the future. I'm going to do something that I wouldn't want to do -- have done, but I want to use this software issue as an issue to bring up another issue. So this is not about this particular software. But I want to say that I have supported, as a Commissioner since coming here, every software/hardware upgrade that this City has requested, sometimes in the millions of dollars. And yet, I still get from a number of directors, this department still doesn't speak to this department. And let me give you an analogy. Last night we didn't have air conditioning in my house. IJ I get home tonight and my wife tells me, "Well, I spoke to three different vendors, and were going to have some more discussions tomorrow, " I m not going to be too satisfied with that result 'cause I'd like to have air conditioning today. Luckily, it was pretty cool out last night. I guess I'm making an observation, maybe even a little bit of a complaint. Ifyou -- this Commission call only appropriate resources. You have to do with the resources the best you can. But I want to make sure you are doing the best you can 'cause I think it's nothing more frustrating to hear that one department still doesn't talk to another department because they don't have the computer technologv to do so. So I know you justgot up there, Mr. Manager, but I don't know that Finance is still properly talking to Building; and I don't know that Building is still properly talking to Code. And I think a lot of missed opportunities are happening. And all we can do up here is give you the resources that you ask for -- and this predates you, Mr. Manager, because I actually keep a count of every -- of all the IT upgrades I voted for. And I just want to know when do we finally have all the departments communicating. Commissioner Suarez: Mr. Chair; if Imay just jump on that real quick. Chair Sarnojj: Go ahead. Commissioner Suarez: And then the last part is, those departments all have to communicate with the public and have the public be able to communicate and interface and interact with those programs in a way that's simple and intuitive. And that's been a frustration -- something that I've kind of harped on for several years, actually. Thank you. Chair Sarnojf: So my observation, Mr. Manager, is please look at Building, please look at Finance, and please look at Code 'cause we've been in a couple of meetings together and at the end of the meeting, I'll have a director come in and say to me, you know -- And this is not a criticism, Madam CFO. Take it for constructive, as it is -- "Finance still is not speaking to Building. Building is still not speaking to Code. " Should be seamless by now with all -- I remember once approving $18 million. And I think it was -- I think the Mayor was sitting as Commissioner up here. And you would think for $18 million somehody would be able to communicate with everybody around here. Just an observation. I -- you know, I'll bring it up again in 60 days 'cause I'm going to talk to the same department directors. Let's -- I think it's a missed opportunity to fix Code and fix Compliance and bring in more dollars to the Cit). Johnny Martinez (City Manager): We totally agree. I get examples every day of where the communication is really not there. And we kind of fixed that one on the spot between Finance and IT, information that they need to complete their CAFRs (Comprehensive Annual Finance Reports) and reports and things like that. The land management program, that needs a lot of tweaking, you know. We're implementing it now, and as were going through it, were finding the bugs and then going hack and trying to fiat it. But you're right. We need a holistic approach to communication. That's what's going to get us to the next level, I guess, more efficiently. It's an City ofMiand Page 13 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 investment that you make now that pays off; you know, a little bit further down. Chair Sarnoff Could you report hack to us in 60 days? So I'm going to use this as a directive, if that's okay with this Commission. Could you report to us in 60 days what you've determined and how you're going to fix it? Mr. Martinez: Oh, absolutely. Chair Sarnoff Thanks. Mr. Martinez: Ahsolutely. Chair Sarnoff: All right. So we had a motion and we had a second. Any further discussion? All in favor, please say "aye. " The Commission (Collectively). Aye. PH.2 RESOLUTION 12-01440 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE City ofAtiand PURCHASE, FROM MOTOROLA SOLUTIONS, OF AN INTERFACE BETWEEN THE DEPARTMENT OF POLICE MOTOROLA INFOTRAK LAW RECORDS MANAGEMENT SYSTEM AND MIAMI-DADE COUNTY'S THINKSTREAM A -FORM AUTOMATION SOLUTION, IN ATOTAL AMOUNT NOT TO EXCEED $31,101, WHICH INCLUDES THE CREATION OF THE INTERFACE, IMPLEMENTATION/INSTALLATION, AND ONE (1) YEAR OF WARRANTY; ALLOCATING FUNDS FROM PROJECT NO. 19-199990, AWARD: 1855, ACCOUNT NO. 12000.191602.664000; FURTHER AUTHORIZING THE PURCHASE OF ANNUAL MAINTENANCE, BEGINNING IN YEAR TWO (2), FOR FOUR (4) YEARS, IN THE ESTIMATED AMOUNT OF $2,000; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.191501.546000.0000.00000; AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 12-01440 Summary Form.pdf 12-01440 Memo - Finding of Sole Source.pdf 12-01440 Memo - Motorola Infotrak LRMS Interface.pdf 12-01440 Letter - Motorola Solutions Proposal.pdf 12-01440 Notice to the Public.pdf 12-01440 Pre-Legislation.pdf 12-01440 Legislation.pdf 12-01440 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Page 14 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 R-13-0030 Chair Sarnojf All right, PH -- Janice Larrzed (Chief Financial Officer): Thank you, Mr. Chair. Chair Sarnojj: -- 2. Let's try to do PH2. Manuel Orosa: Gond morning. ChiejManny Orosa, Miami Police Department. PH2 is an item which, simply put, the County is going to automated arrestjbrms and they want everybody else to go. It'll come a point where they will not accept paper arrest forms. They want everything computerized. They gave us a grant of $31,000 to implement the program. Were implementing the program based on that amount of money. And then the cost of us in the future will only be $2,000 fbr maintenance. And it is a sole source because the County is the one with the program. Chair Sar Haff • All right. Let me open up a public hearing on this. Public hearing is now open on PH2. Mr. Cruz, you're recognized for the record. Please give its your name and address. Mariano Cruz: Since it public hearing, make it public with me. Mariano Cruz, 1227Northwest 26 Street, Miami, Florida. Two things. I am for Motorola, one thing. In the early '70s, I used to work in Broward County, Coral Springs, Sunrise, all around there, Plantation, and we used equipment, Motorola. It's a lot superior- -- mainly the old two-way radios -- to the GEs (General Electric) and (UNINTELLIGIBLE). And also, very important, I used to go by every day by University Drive by the plant that they used to have in Plantation. Motorola have a manufacturing plant right there in South Florida employing hundreds. I don't know if it's still there. But that was gond. It is a South. Florida plant too. And Motorola is very, very gond in technology. Thank you. Chair Sarnoff: Thank you, Mr. Cruz. Anyone else wishing to be heard on PH.2, PH2, please step up. Hearing none, seeing none, the public hearing is now closed; coming back to this Commission. Is there a motion? We have a motion -- Commissioner Suarez: Move, for discussion. Chair Sarnoff: -- by Commissioner Suarez, second by Commissioner Carollo. Commissioner Suarez is recognizedfin- the record. Commissioner Suarez: I just want to echo Commissioner Carollo's comments from the last item, and I'll echo them for the next one, as well. I mean, I think we've all, at one point or another, expressed reservations about the continual sole sourcing of contracts, particularly, it seems like in public safety. I understand that's a very unique, you know, field and -- but that's where it seems to be concentrated in. So I think jbr us, being -- I mean, at least jbr me. Obviouslv, I know some oj;vou have actually worked in public safety. But jbr me not having worked in public safety, you know, it just -- you wonder, you know, whether or not there's a need to sole source all these contracts and whether the City, at the end of the day, is getting the best deal. Thank you. T'ice Chair Gort: Mr. Chairman. Chair Sarnojj: You're recognizedfin- the record. Vice Chair Gort: Chief, I have a question. My understanding this is for the arrestjorms that you have to fill up. City of Miand Page 15 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Chief Orosa: Yes. Vice Chair Gort: Now the -- with the new system you're going to have, you're going to he able to communicate with the County and the County will be able to accept the prisoners? Chief Orosa: Yeah. What happens is that the officer, instead of writing it on apiece of paper, they write it electronically in their computer. They hit a button; it goes to the jail. And when the prisoner and the officer arrives at the jail, it's waiting for them. Vice Chair Gort: I love it. l think it's great. Now, at the same time, can we communicate with the same system with our own people? Chair Sarnoff: It's an A (Arrest) form. Vice Chair Gort: The form arrest -- the arrest form that you -- Chief Orosa: Yeah. No, no. Mice Chair Gort: -- send to the County gets back to you too. Chief Orosa: A copy goes to our records department and we have access to go and look at whatever paperwork we have. Vice Chair Gort: I just want to make sure they connect. Chief Orosa: Yeah. Vice Chair Gort: Thank you. Chief Orosa: It's not like the County's going to have sole control of that electronic document. We have -- Vice Chair Gort: No. We have to keep record of that. Chief Orosa: -- control of it as well. Mice Chair Gort: Okay. Thank You. Commissioner Spence -Jones: Mr. Chairman, I just -- Chair Sar naff • You're recon zized. Commissioner Spence -Jones: Thank you. Mr. Procurement, just for a second, you know, 'cause both of these items are items that I'm sure that you have vetted, and I think that the concerns that you've heard on the dais today is just making sure that we've done all that's necessary. You have been involved in the process with each one of these departments, correct? Kenneth Robertson: Correct. Good morning. Kenneth Robertson, Purchasing director. For PH (Public Hearing) items 1 through 3, there's a due diligence process to confirm a finding of sole source. In this particular example, Motorola implemented and maintains the City's law records system. So then to interface it with the County, they are indeed the only company that would he able to do that. Commissioner Spence -Jones: All right. So yon feel very confident and comfortable in all three items? City of Miand Page 16 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Mr. Robertson: Yes. Commissioner Spence -Jones: Okay. Mr. Robertson: Per Code, because this contract is greater than $25, 000, that is the necessity for the four fifths affirmative vote. Comniissioner Spence -Jones: Okay. All right. I just thought it was important for you to put it on the record that you've been involved in the process and you have fully vetted all three items. Mr. Robertson: Correct. I've signed all three of these items. CommissionerSpence-Jones: Okay. Thankyou. Chair Sarnaff: Mr. Manager, I thought I'd give you a little benefit of a background, the origins of this. The origins of this started at a meeting when I was a first year- Commissioner with then Chief Timoney and then Assistant Chief Loftus. What we were trying to do i -vas figure out a way -- we fbund that one of the problems with the system with the County was that there was a logjam of people getting booked and then being brought into the processing center. We, as a at interim measure, created our detention officers because what we fbund was it was a four -and -a -half to five-hour transition of taking the handcuffs off, writing the A - form, getting the person in there, and that meant that a police officer who was out there, for two hours could spend his entire shift arresting, putting the person through the system, and then, obviously, the five or sial hours it had taken, they were completely off *the street. And at that time, I guess the technologv wasn't quite there to do these transmittahle A forms. And there was going to he two ways of doing it; one was you were going to have your computer, you could download it as soon as you got to the detention center; or you would actually e-mail (electronic) it. We found that lobe a huge logjam in the system. And believe it or not, it's taken four years for them to create this system and the County is the person that we have got to interface with to do this. And what this means is what took four hours -- I think our average was four hours -- now takes less than a half 'an hour to transport a -- to transport an arrestee to the jail. And you think about it, if 'the entire turnaround time is one hour fbr a police off cer, it'll relieve you of the -- maybe the need for some of your detention of and it will also then put that of back out on the street fbr a longer duty. Equally -- think about this - a police of who is on his sixth hour or seventh hour on a shift, does he really make that last arrest when he could be doing four or five more hours in there, whereas now he knows it's a half an hour transition. And I think this even allows us to e-mail our A forms to the County. So this conversation came when then Chief Timoney, then Assistant Chief'-- and think about this -- Luftus -- he wasn't even the chiefback then -- and then Tim. Ryan from the Corrections, sat down in our office, in District 2, and said -- Tim Ryan said, Look, we have a system in Orange County -- which is, you know, Orlando -- and this is how we do it. And this all grew from that particular section. We all knew it was going to be a County system because it's -- they're the keeper of *the jails. So I just thought I'd let everybody know how long it took, the root of -- the origin of this. Tim Ryan, who is a District 2 resident, and is the head jailer of -- I don't know -- maybe Department of Corrections, director of Department of Corrections fbr the County, actually saw the log jam and created this system that it really means a lot more than what we understand we're doing here today. So we had a motion, we had a second. All in,favor, please say „aye The Commission (Collectively): Aye. PH.3 RESOLUTION 12-01441 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-FIFTHS Fire -Rescue (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE City ofAtiand Page 17 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PURCHASE, FROM MOTOROLA SOLUTIONS, INC., OF MISSION CRITICAL RADIOS FOR URBAN SEARCH AND RESCUE, IN A TOTAL AMOUNT NOT TO EXCEED $228,406.99, ALLOCATING FUNDS FROM PROJECT NO. 18-180025, TASK: 03, AWARD: 1824, EXPENDITURE: EQUIPMENT, ORGANIZATION: 184010 AND PROJECT NO. 18-180027, TASK: 05, AWARD: 1886, EXPENDITURE: EQUIPMENT, ORGANIZATION: 184010. 12-01441 Summary Form.pdf 12-01441 Memo - Request Sole Source Finding.pdf 12-01441 Memo - Purchase of Mission Critical Radios.pdf 12-01441 Letter - Justification for Sole Source.pdf 12-01441 Notice to the Public.pdf 12-01441 Motorola Solutions Quote Statements.pdf 12-01441 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, Sarnofh, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-13-0031 Chair Sarnaff: All right, PH3. Terrence Davis (Assistant Fire Chief; Fire -Rescue): Good morning. Vice Chair Gort: Good morning. Assistant Chief Davis: PH3 -- good morning. Terrence Davis, assistantfirr, chief, Fire Department. PH.3 is a resolution to approve the sole source purchase of mission critical radios from Motorola Solutions, fbr the Urban Search and Rescue Team. These radios are needed in order to have in our ability capahility during deployments. Any questions? Commissioner Carollo: Mr. Chairman. Trce Chair Gort: You're recognized. Chair Sarnojf: Sorry. I apologize. Commissioner Carollo: The only commentl have is what I expressed in PH.1 and PH2, which is the sole source contract, you know. I guess everything that applied before applies now. And you know, T would ask, you know, with these -- with this purchase, why does it have to be this sole source contract? Is there any other type of equipment that could be used, and we could go out to an RFP (Request for Proposals), or could you just, you know, elaborate a little bit? Kenneth Robertson: Good morning, Commissioners. Kenneth Robertson, Purchasing director. The vast majority of Motorola radios are open competitive and they use authorized resellers. But for specific radio lines that are part of their mission critical solutions, those are indeed sole source. Motorola does not allow dealers to resale those radio lines. So this item is indeed sole source, and it's been fully vetted. We issue a lot of open competitive solicitations fbr radios, but City ofMiand Page 18 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 not for these specific radios that our puhlic safety departments need. Chair Sarnoff: All right. Vice Chair Gort: My understanding is, this is a special line that can only be used by public safety. Mr. Robertson: Correct. Vice Chair Gort: And that's the reason it's got to be -- okay. Chair Sarnoff: All right. I didn't open up the public hearing. It's a public hearing on PH3, PH3. Anyone wishing to speak on PH3? Mr. Cruz, you're recognized for the record. Please state your name and address. Mariano Cruz: Mariano Cruz, 1227 26 Street. Same thing I said before. Looking --just seeing Motorola to me is good. And also, I seen recently two had accidents in our neighborhood; I2th and 29th, and the rescue people have been there right away. Because I just happen to drive by and seen had accidents. Not only that -- and then the other one on 21 and 20, that was a had accident too. And lucky in a way we have the fire -rescue. I had to use it once, only once I called rescue, 17 and 23, in 1975, and they came right away. The response times -- that's why I live in the City of Miami. We have a better service than anybody in fire -rescue. Thank you. Chair Sarnoff: Thank you. Anyone else wishing to speak on PH 3, please step up. Hearing none, seeing none, the public hearing is now closed, coming hack to this Commission. Any further discussion? Commissioner Spence -Jones: So moved. Vice Chair Gort: Second. Commissioner Carollo: Second. Chair Sarnaff: We have a motion and we have a second. All in favor, please say "aye. The Commission (Collectively): Aye. Chair Sarnoff: Okay. Vice Chair Gort: Thank you. Assistant Chief Davis: Thankyou. Mice Chair Gort: Congratulations. END OF PUBLIC HEARINGS ORDINANCE - SECOND READING SRA ORDINANCE Second Reading 12-01417 Department of Puhlic AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Works 54/ARTICLE II/SECTION 54-55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/CONSTRUCTION, EXCAVATION AND REPAIR/NOTICE TO City ofMiand Page 19 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 REPAIR SIDEWALKS AND CURBS", TO INCLUDE DRIVING LANES, PARKING LANES AND SWALES, AND TO CLARIFY THE EXTENT OF RESPONSIBILITY FOR ABUTTING PROPERTY OWNERS AND IDENTIFY ENFORCEMENT PROCEDURES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-01417 Summary Form SR.pdf 12-01417 Legislation FR/SR.pdf Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo 13360 Chair Sar Haff • FR. I is deferred; FR. 2. Oh, SR. 1, I apologize. I didn't see that. Nzerihe Ihekivaba: Good morning. Zerry -- Vice Chair Gort: Good morning. Mr. Ihekwaha: -- Ihekwaha, Public Works director. SR. I is an amendment to City Code Section 54-55 to extend the list of locations and right-of-way infrastructure that is subject to restoration due to negligence or intentional actions of the ahutting property owners and their agents, such as contractors or visiting vendors. And this includes driving lanes, parking lanes, swales, sidewalks, curb and gutter. This is a consequence of the discussion item of -- back in November that was sponsored by District L Again, this will apply to all commercial haulers with roll-on containers that they might damage the City streets or adjoining inf-astructure that is maintained by the City. Vice Chair Gort: Move it. Chair Sarna.f: All right. We have a motion by Commissioner Gort. Commissioner Suarez: Second. Chair Sarnoff: Second by Commissioner Suarez. It is a public hearing. Anybody wishing to he heard on SR. 1, please step up. Hearing none, seeing none, coming back to this Commission. Any discussion? Hearing no discussion, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Your roll call on item SR]. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. END OF ORDINANCE - SECOND READING ORDINANCES - FIRST READINGS FRA ORDINANCE 12-01170 First Reading City nfMianu Page 20 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 District 4- ITEM TO BE DEFERRED Commissioner Francis Suarez AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 10/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS/REGISTRATION OF VACANT, BLIGHTED, UNSECURED OR ABANDONED STRUCTURES," MORE PARTICULARLY BY ADDING ANEW SECTION 10-66 AND 10-67, ENTITLED "REGISTRY FOR REAL PROPERTIES" AND "REGISTRATION OF REAL PROPERTY," RESPECTIVELY, CREATING AND IMPLEMENTING A PROCESS FOR THE REGISTRATION OF PROPERTIES SUBJECT TO FORECLOSURE PROCEEDINGS OR MORTGAGE DEFAULT; ADDING DEFINITIONS AND PROVIDING REVISIONS FOR PURPOSES OF ESTABLISHING THE REGISTRATION PROCESS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 12-01170 Legislation.pdf F R.2 Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. votes: Ayes: 5 - Commissioner(s) Gort, Sarnoft; Carollo, Suarez and Spence -Jones Nate far the Record: Item FR.1 was deferred to the March 28, 2013 Commission Meeting. Commissioner Carollo: I -- and excuse me, Mr. Chairman. I also have FR. 1. I was told it would he deferred, and it says under ordinance, item to he deferred. Chair Sarna.f: All right, so we have FR.1 -- Mr. Martinez: FR.1. Commissioner Suarez: Yeah. And --yes. It's something that I had sponsored. And yes, absolutely, I would he willing to defer it, I would say, at least four meetings. Mr. Clerk, could you --? What would he four meetings from now? What date would that he? Todd B. Hannon (City Clerk): We could either defer to March 14 or March 28. Commissioner Suarez: March 28. Thank you. Thank you, Commissioner. Chair Sarna.f: All right, so let's take a vote on FR. 1. FR. 1, you have a motion. Is there a second? Commissioner Spence -Jones: Second. Chair Sarnoff Second. We'll do others. All in favor, please say "aye. " The Commission (Collectively): Aye. ORDINANCE First Reading 12-01418 Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Building 10/ARTICLE 1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE") ENTITLED "BUILDINGS/IN GENERAL", MORE PARTICULARLY BY CREATING A NEW SECTION 10-6, TO RATIFY THE City ofMiand Page 21 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 BUILDING OFFICIAL'S SCHEDULE OF ELEVATOR/ESCALATOR FEES AND FINES FOR NON-COMPLIANCE FOR INCLUSION IN CHAPTER 10 OF THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-01418 Summary Form.pdf 12-01418 State Statute.pdf 12-01418 Dade County Fees.pdf 12-01418 State Interagency Agrmt.pdf 12-01418 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Sarnoff and Carollo Nate for the Record: Item FR.2 was deferred to the February 14, 2013 Commission Meeting. Trce Chair Gort: FR.2. Commissioner Spence -Jones: Building, right? Vice Chair Gort: Building official. FR.2, elevator. Commissioner Suarez: Mr. Chair. Trce Chair Gort: Yes. Commissioner Suarez: Do you mind ifl defer this? A little hit more time to look at this item. Trce Chair Gort: You don't want to hear it first and -- Commissioner Suarez: I mean, fyou want to. If I had to vote right now, I probably would vote no, so I mean, it's up to you as far as whether you -- I don't have a problem. Vice Chair Gort: At least let's hear it and then -- Commissioner Suarez: Okay. Vice Chair Gort: -- that way we can have some more questions and argument for the next time. You can defer it right afterivards. Yes, FR.2. Commissioner Spence -Jones: Not here. Do you want to. just move on to RE. 1 ? Trce Chair Gort: Okay. It's been moved to defer by Commissioner -- Commissioner Suarez: Move to defer -- Commissioner Spence -Jones: Second. Commissioner Suarez: -- to the next meeting. Vice Chair Gort: To the next meeting. Any further discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. City ofMiand Page 22 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Mice Chair Gort: RE.1, RE.2. Commissioner Spence -Jones: It was deferred. It's okay. It was deferred. Commissioner Suarez: It's deferred. Commissioner Gort: Been deferred. Unidentified Speaker: Defer? Commissioner Spence -Jones: Yeah. END OF FIRST READING ORDINANCES RESOLUTIONS REA RESOLUTION 12-01461 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "EMS COUNTY GRANT #C1013 AWARD FISCAL YEAR 2011-2012", IN AN AMOUNT NOT TO EXCEED $47,949, CONSISTING OF A GRANT APPORTIONED BY MIAMI-DADE COUNTY, FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES ("EMS") PROGRAM ENTITLED "FLORIDA EMS GRANT PROGRAM COUNTIES"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT LETTER OF UNDERSTANDING/AGREEMENT PER PAYMENT FROM THE STATE, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY RELATED GRANT DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT. 12-01461 Summary Form.pdf 12-01461 EMS Cty Grant #C1013 Award FY' 11-12.pdf 12-01461 Approved Letter.pdf 12-01461 Letter - Florida Department of Health.pdf 12-01461 Memo - Miami -Dade County.pdf 12-01461 Legislation.pdf 12-01461 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, 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-13-0032 Terrence Davis (Assistant Fire Chief, Fire -Rescue): Good morning again. Mice Chair Gort: Good morning. Assistant Chief Davis: Terrence Davis, assistant fire chief, Fire Department. RE.1 is the City nfMianu Page 23 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 acceptance ofan EMS (Emergency Medical Services) grant for fiscal year 2011-2012 -- Commissioner Spence -Jones: So moved. Assistant Chief Davis: --fir the County. Commissioner Suarez: Second. Vice Chair Gort: It's heen moved and second. Any further discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. Assistant Chief Davis: Thank you. Vice Chair Gort: Thank you. RE.2 RESOLUTION 12-01445 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN Improvements ADDITIONAL OWNER CONTINGENCY ALLOWANCE TO SOUTHEASTERN Program ENGINEERING CONTRACTORS, INC., FOR THE SAN MARCO ISLAND DRAINAGE IMPROVEMENT PROJECT, B-30588, TO COVER ANY FUTURE UNFORESEEN WORK, IN AN AMOUNT NOT TO EXCEED $161,100, THEREBY INCREASING THE AWARD VALUE FROM $2,022,751.17, TO AN AMOUNT NOT TO EXCEED $2,183,851.17; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENT PROJECT NO. B-30588. 12-01445 Summary Form.pdf 12-01445 Invitation to Bid #10-11-036.pdf 12-01445 Pre-Legislations.pdf 12-01445 Legislation.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-13-0033 Vice Chair Gort: RE.2. Mark Spanioli: Good morning, Commissioners. Mark Spanioli, director of Capital Improvements. RE.2 is a resolution for the San Marco Island drainage improvement project. This is a request to increase the contingency amount by $161,000. CIP (Capital Improvements Program) currently has requested a number of change orders for this project, primarily for a temporary generator and pump, a street sweeping -- additional street sweeping throughout the project duration, and additional drainage infrastructure, and we've used most of our contingency that was huilt into the project. We'd like to replenish that and we still have ahout two and a half months left to go, and we just want to make sure we're completely covered. The funding for this project is already available in the B number for this project. This is not money that we're moving into the project. This is just an allowance to give us more contingency for the construction contract. City ofAtiand Page 24 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Chair Sarnojj: All right. Is there a motion? Commissioner Carollo: Mr. Chairman. Chair Sar Haff • You're recon zized. Commissioner Carollo: What you're asking is for an additional $161, 000, correct? Mr. Spanioli: It's an increase to the construction contingency. Commissioner Carollo: Okay, and what's the funding source for this $161,000? Is it bond money? Is it half -cent? Is it --? What is it 'cause --? Mr. Spanioli: This project has various funding sources. We're using funds from. the local option gas tax, transit half -cent surtax, storm water utility, Sunshine state, and an FDEP (Florida Department of Environmental Protection) and street bands, as well as some. funds from FEMA (Federal Emergency Management Agency). We had in the project -- as it stands now, we had $307,000 availahle, so we wanted to shift 161,000 from that 307,000 into the construction contract contingency. Commissioner Carollo: And I'm sorry, say that again. And by the way, we asked for all this information and we have not received it, so -- not to mention, with my own district, I still haven't received all the funding sources for all the projects. But with that said, repeat exactly the funding sources and what part is the 161, 000? Mr. Spanioli: These are the various funding sources for the project: local option gas tax, transit half -cent surtax -- Commissioner Carollo: And I'm sorry, when you say the funding source, can you give me the amount? Mr. Spanioli: Yes, sir. Commissioner Carollo: How much of local option gas tax are we using? Mr. Spanioli: Yes, I can. I can tell you how much came fi-om each one of these funding sources Commissioner Carollo: Yes. Mr. Spanioli: --, for the project. The total project amount was $4,488,000. Local option gas tax provided 747, 000. Commissioner Carollo: Hold on, hold on, hold on, hold on. The total amount was jour million, four hundred and something thousand dollars, but you have here two million -- it's amount n_f two million dollars. So how could - ? Mr. Spanioli: There's two portions of the project. It's San Marco Island and Biscayne Island, but this was the construction of 'the drainage improvements on San Marco Island. These finding sources were for both projects. Commissioner Carollo: So -- and I don't want to use commingle as a had word in this case, but they -- they were commingled, so you don't know what -- how much of the local option gas tax event to San Marco and went to the other -- City ofMiand Page 25 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Mr. Spanioli: It was both under one B number. We just bid it out separately. Commissioner Carollo: Okay, can you give me the amounts of --? First of all, outside of the San Marco Island drainage improvement project, what was the total amount of the other project? It should be about $2 million. Because if you're telling me the total -- Mr. Spanioli: That's correct. Comniissioner Carollo: -- aniount is 4,400,000 -- Mr. Spanioli: That's correct. Commissioner Carollo: -- and this one is total of $2 million, it should be somewhere around 2 -- Mr. Spanioli: That's correct. Commissioner Carollo: Right? Can you give me all the d fference - the d fferent funding sources and the dollar amounts? Mr. Spanioli: Yes, sir. The -- like I said, the local option gas taxis $747,000. The transit half -cent surtax was 1,076,000. Commissioner Carollo: One million, seventy-six thousand? Mr. Spanioli: Yes. Commissioner Carollo: And give me a second. Okay. Mr. Spanioli: Storm water utility, 489, 000. Commissioner Carollo: Four hundred and eightv-nine thousand. Mr. Spanioli: Sunshine state, 475,000. Commissioner Carollo: Four hundred and seventy-five thousand, Sunshine state. That's a loan, a bond? Loan. Mr. Spanioli: Loan. FDEP, 500,000. Commissioner Carollo: I'm sorry, F? Mr. Spanioli: The Florida Department of Environmental Protection. Street bonds, 600,000. Commissioner Carollo: Hold on a second, hold on. And FDEP, what amount, I'm sorry? Hr. Spanioli: That was 500,000. Commissioner Carollo: Okay, then the bond. Mr. Spanioli: Street bonds, 600,000. Commissioner Carollo: What series? Mr. Spanioli: Two. And FEMA funds of 600, 000. City ofMiand Page 26 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Commissioner Carollo: Okay, I'm sorry, street bond II, 600, 000. And what's the last one, I'm sorry? Mr. Spanioli: FEMA. funds, 600, 000. Commissioner Carollo: Question, how come this information wasn't provided earlier? I know we've been requesting it for a while. Mr. Spanioli: When I received the e-mail (electronic) request, I did provide the information to Jeffrey in your office. I didn't give him the exact breakdown. He asked me if there was funds available in the project to cover the $161, 000 contingency increase, and the answer was yes, and I provided the amount that was available. Commissioner Carollo: I don't know. That's not what he told me, but you know, I'll let it go. I just -- you know, even for my district, I still don't have all the information that I've requested with regards to funding, funditag sources, and stuff like that, and I've been asking -- it's way over a month. It's been, you know, various months. And how do I know what projects I could allocate or what projects we, you know, can do if we don't have, you know, funding sources? And, you know, items -- I mean, you know. Mr. Spanioli: Commissioner, we are reconciling all the available funding for all the projects for all the districts. I'mcurrently reviewing those packages, and we'll be distributing them this coming week. Commissioner Carollo: And by the way, Mr. Director, with all due respect, Mr. Jenkins from myoffice just brought nae your e-mail, which says the additional money being requested to add to the project contingency was already allocated to the project. We are asking the Commission to approve the increased contract contingency, not to add funds to the project. This does not stipulate where the money is coming from. Mr. Spanioli: Okay. Commissioner Carollo: Anyway, so from the 161, where from are all these funding sources is the money comingfrom? Mr. Spanioli: We have funds availahle from the transit half -cent surtax in $203,805. And we have $103, 000 available in street bonds. Commissioner Carollo: So its either conning from the streets bonds or -- I'm sorry, what's the other one? Mr. Spanioli: Transit half -cent surtax. These were funds that were already allocated to this B number. Commissioner Carollo: Thank you. And you see, you know, with all due respect, Mr. Spanioli, answering my questions aren't that difficult. They really are not. Mr. Spanioli: Sure. Commissioner Carollo: So it either has to come from the transit half-centpenny tax or the street bond, you know. So I -- listen, I'm going to vote in favor of this. But all I'm asking is that when We ask- you know, reasonable questions, you know, of a, financial matter, that we get the answers because I'm going to continue to drill down, drill down and, you know -- I mean, I'm not here to be an auditor. I'm -- but the bottom line is, these are simple questions that I'm asking. I mean, maybe, you know, to the average person, it may not be. But financially, they're veru easy City ofMiand Page 27 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 questions. So all I'm asking is that when we ask these questions, we do get the correct answers. Thank you. Mr. Spanioli: Agreed, Commissioner. Chair Sarnoff: All right. Mice Chair Gort: Mr. Chairman. Chair Sarnaff: You're recognized fir the record, Commissioner Carollo -- T'ice Chair Gort: What I'd like -- Chair Sarnoff: -- Commissioner Gort. I apologize. Vice Chair Gort: As I requested at the office, can you explain the change orders? Because 1 think it's very important. People talked about we have contracts and we have all kinds of change orders and that makes it more expensive. So could you please explain the reason for the change orders? Mr. Spaninli: Thankyou. Ahsolutely, Commissioner. These change orders were requested by our department. Basically, during the construction of the new storm water pump station that's being built there, we did have some heavy storming events and so forth, and it was imperative that we kept the island drainage system working in the meantime. So we felt it was very important fir us to purchase a temporary pump and generator to keep the storm water out of *the City streets. That pump and generator will he kept by the City. We'll he giving it to Public Works when the project is completed. That was a suhstantial portion of the $161,000. The other two items were -- there was a considerable amount of dust and debris during the project and, you know, we thought it would be best to have additional street sweeping activities occur there on a regular basis, as well as we did discover some spot drainage situations where we needed to add some storm water inlets throughout the area. Vice Chair Gort: Thank you. Chair Sar Haff • If you don't mind, Commissioner Carollo, I'll tell you a little hit about the project. Commissioner Carollo: Just hefire I forget -- Chair Sarnoff: Sure. Commissioner Carollo: --just one follow up. And the follow up, when can I expect to receive, with regards to District 3, on the various funding sources, the amounts, and all those questions that I've asked? Mr. Spanioli: I will have those fir you Monday morning. Commissioner Carollo: Thank you. Mr. Spanioli: You're welcome. Chair Sarnaff: For those of you that don't know San Marco Island or that particular section, probably a good place to go hiking. I know I used to go biking there. These are suhstantial homes. The County has done --the County owns the main roadway. The City owns what we consider the eyebrows. The evebrows are predominantly where the people live. The County City of Miand Page 28 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 carne in with a project about a year and a half 'ago, finished it maybe six or nine months ago. The County would not allow us to do a drainage project with the part that they were draining. The City thought it was a huge mistake. The engineers thought it was unfair, but we could not get the County to listen to us. And we had these meetings very early on, where the County was very well aware that we were going to follow up with a project with them. A lot of public meetings in people's houses and we couldn't get the County to change their mind. As a result of the County's project, which was done maybe nine months ago, ten months ago -- iJTm wrong, tell me, Mr. Spanioli -- County raised the roadway. By raising the roadway, that created more runoff We have two doctors whose homes have flooded to the extent that everything on the first floor was lost. Now I know it's kind of popular to say, well, they're rich people or whatever, but bear in mind, that doctor pays $75, 000 a year in taxes. And the best we can do is say hmm. So the City had this project and we were trying to incorporate it with the County; couldn't do it. So the City is now undergoing its own project. But as a result of the County's raising the roadway, we had to bring in a drain or a pump to drain the actual street when it rained. And if,vou all remember, this summer was the rainiest summer on record. So that's why we've been doing an impeccable job of maintaining this particular construction project where the County didn 't do an impeccable job of maintaining the construction project. I just thought I'd give you a little background on that. This is an issue that I think the second day I met Pete Hernandez as the City Manager, he was the one that found the solution for this particular project. And just to show you how long things take, that was six years ago. Thank you. All right, we have a motion and we have a second. All in favor, please say "aye. " Todd B. Harmon (City Clerk): Excuse me, Chair. Chair; I do not have a mover or a second yet. Chair Sarnoff: We don't. I apologize. Vice Chair Gort: Move it. Chair Sar naff • We have a -- Commissioner Gort has moved it. Do we have a second? Commissioner Spence -Jones: Second. Chair Sarnoff: Commissioner Spence -Jones has second. All in favor, please say "aye. " The Commission (Collectively): Aye. Mr. Spanioli: Thank you. RE.3 RESOLUTION 12-01420 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PURCHASE, REPAIR AND MAINTENANCE OF PHYSICAL FITNESS APPARATUS AND EQUIPMENT, FROM A PRE -QUALIFIED POOL OF PROVIDERS, UNDER EXISTING MIAMI-DADE COUNTY INVITATION TO BID CONTRACT NO. 7831-0/13, EFFECTIVE THROUGH JUNE 19, 2013, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 12-01420 Summary Form.pdf 12-01420 Modification History.pdf 12-01420 Miami -Dade County Invitation to Bid.pdf 12-01420 Legislation.pdf City ofMiand Page 29 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sainoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez R-13-0034 Chair Sarnojj. RE. 3. Kenneth Robertson: Good morning, Commissioners. Kenneth Robertson, Purchasing director. RE.3 is a piggyback resolution authorizing the purchase, repair, and maintenance of physical fitness apparatus and equipment, using a prequalified pool ol-providers, under existing Miami -Dade County contract 7831-0113. Chair Sarnojj. All right. Is there a motion? Commissioner Spence -Jones: So move. Chair Sarnoff: We have a motion by Commissioner Spence -Jones. Is there a second? Vice Chair Gort: Second. Chair Sarna.f: Second by Commissioner Gort. Any discussion? Hearing no discussion, all in favor, please say "aye. " The Commission (Collectively): Aye. Mr. Robertson: Thank you. RE.4 RESOLUTION 12-01422 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY Program MANAGER, APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS NO. 275267 THAT DECO BIKE, LLC IS THE TOP-RANKED FIRM TO PROVIDE AN AUTOMATED BICYCLE SHARE RENTAL PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 12-01422 Summary Form.pdf 12-01422 Legislation.pdf 12-01422 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Satnoff, Carolto and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0035 Chair Sarna.f: RE.4. City of Miand Page 30 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Mice Chair Gort: Deco Bike. Chair Sarnoff: Deco Bikes [sicj. Ince Chair Gort: We don't have a quorum. Chair Sarnoff: Oh, wait. Mark Spanioli: Commissioners, Mark Spanioli, director of Capital Improvements. RE.4 is a professional services agreement with Deco Bike, LLC (Limited Liability Company), for a bike share rental program within the Cily of Miami. This project was properly advertised and bid through the City. Deco Bike is currently the provider for the bike share rental program at the City ofMiami Beach. They're a business located within the Citv ofMiami. It's a five ,year program with 5 one ,year renewal periods. I think it's important to note that this program is a revenue generator to the City. It has a minimum guaranteed payment throughout the ten-year cycle, and that'll accumulate to $390,000 over the ten years, including a 17 percent share of the advertising revenue collected on the kiosks. The phase one rollout is a minimum of'300 hicycles, 35 stations, and they'll be located in the urban core, downtown, Midtown, Design District, Brick -ell, Coconut Grove, and East Little Havana. You know, it's important to note that this is a program that provides an alternative mode of transportation, hoth for the residents and the visitors of Miami. Thankyou. Chair Sar Haff • All right. RE.4, do we have a motion? Mice Chair Gort: Move it. Chair Sarnoff: We have a motion by Commissioner Gort. Do we have a second? Commissioner Carollo: Second for discussion. Chair Sarnoff: We have a second by Commissioner Carollo. Commissioner Carollo's recognized for the record. Commissioner Carollo: Thank you, Mr. Chairman. And I don't have the date of this meeting. i had it in the office and I don't have it hefore me. However, in a previous Commission meeting, ive had discussed this item and I asked specifically with regards to Little Havana being able to also participate in this project, and I was told that we were looking at high-density populated area. And in that meeting, I mentioned I don't know any more high-density than Little Havana. If you look at District 3, the district I represent, its a little circle in the smack middle of the City of Nliaini, so it's very high density. Now what 1 saw is that in the proposal, you have placed in Little Havana, which is right at the border- of District 2 and District 3, which is by I-95. It's on 4th Avenue and Southwest 8th Street. Mr. Spanioli: That's correct. Commissioner Carollo: Yet, the majority of all the tourists and the area that is internationally known of Calle Ocho is around 14th Avenue, 15th Avenue -- or let's say, between 12 and 17th Avenue, even though it's all of Calle Ocho. So, you know, I'm actually very disappointed that we didn't go that far. Arad I'm not saying it has to be a specific spot, but even, you know, around the 12 Avenue, l7th Avenue, 22nd Avenue, somewhere around that area, where, you know, there's a lot of tourists that go there and I think wouldn't mind a hike ride, which isn't too far fvom there to Brickell or to one of the other locations. So, again, I m not happy with this due to the fact of the location. Fourth Avenue is way too east. Mr. Spanioli: Commissioner, ifI may. This is strictly just a phase one rollout. The vendor is City ofMiand Page 31 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 certainly interested in expanding the program throughout the City ofMiami, and this will allow them -- this contract will allow them to do stations throughout the City. This would he their first phase rollout. Infact, there may be some stations that they install in this first phase that they say, you know what, they're not greatly used and move them to other places. It's not only Little Havana that could certainly use some stations. I'm sure Overtown -- I got a request this morning and last night for the north end of the District 2. So it's not limited to this area. This is their first phase rollout, and they certainly are interested in expanding, just like they did in Miami Beach. When they started there, they've expanded the stations quite a bit. Vice Chair Gort: Mr. Chairman. Commissioner Carollo: I understand that, but this is something that, you know, in the past meeting -- and again, I don't have the date in front of 'me of when that meeting was, but I do have the minutes that I specifically mentioned that. And I would like for this first phase to also start, you know, in Little Havana. And I'm not asking firr much. I'm asking for one station. And you know, again, Calle Ocho, especially in that area, is internationally known, so it's highly densely populated, which was the argument before. And again, I haven't forgotten of when this item came up before, what was discussed, what I asked for. And once again, District 3 in Little Havana is being forgotten. And I don't want to go back and start mentioning all the times that Little Havana has been forgotten, from the trolley routes to parks to --you know. I'm not going to go that route. But what I m saying is, moving fir ivarcr I believe that Little Havana is not going to be, forgotten anymore, and at least this Commissioner is going to definitely raise his voice. Chair Sarnoff: Commissioner Gort, then Commissioner Suarez. Vice Chair Gort: This is just for knowledge of the owners of the business. Seventeenth Avenue -- 17 years ago, we established what was the Latin Quarters and something and we worked to create a tourist attraction in that area, and we used CBDGs [sic] to change the architecture of a lot of the buildings in that area. And right now, thank God, we have at least five to ten buses every day of tourists coming in there. If they can see the bicycles, they might want to come back on their own and take the tour on the hike, so that's a location where it could also happen. You also have -- within Allapattah, you have Northwest 20th Street, which is very active with the merchants in the area and you have a lot of the individuals that they find that parking is kind of hard and people are going into exercising right naw. People -- at lunch time, they put the tennis on, they walk. You got -- at least within the health district. And the courts and the -- all the judicial system that we have there, we have over 20 to 30, 000 people that work there, that a lot of times they don't want to take their car and drive all the way to 20th Street to purchase some of the -- because the parking of the car and getting in the car. But if they could rent a bike and go back and forth, Pin sure they would use it. My other question is, we have --this relationship also exists where the people can pick up the bike in Miami and drop it off in the beach and verse [sic] versa. Am I correct? Mr. Spanioli: Yes, that's correct. Vice Chair Gort: Okay. Butjustfood for thought, those locations. Commissioner Carollo: And Mr. Chairman. Chair Sarnoff: Let me go to Commissioner Suarez because he hasn't spoken and we'll come back. Commissioner Suarez: Thankyou, Mr. Chair. I just kind of want of piggyback off the general discussion, which is that -- and I don't know if this area includes Coral Way, but that's also an area that I think, along with the trolley system, that's going to expand to the Coral Way area, City ofAtiand Page 32 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 linking Brickell to Ponce along Coral Way. I think that's another opportunity also to have the bike sharing program. And 38th Street, west of 27th, which is my district, which is an area that has a Int of historical sites, like Versailles and La Carreta and other restaurants that are --you know, that are kind of iconic and that people come, from across the country and across the world to see. So I think it would be interesting for people to be able to, for example, ride up and down 8th Street, just like riding up and down Coral Way. I think were going to -- as a city, as we're becoming denser and denser, we're seeing more people want to get out of their cars. We're seeing things like the Car2Go program and other different ways for people to mobilize themselves without actually getting in a car. So, you know, aside from those comments, I think that it's a very good system that we're moving forward with, you know. I think it addresses some of the other issues that the Commission had initially brought to the forefront when we first discussed it. Chair Sarnoff: All right, Commissioner Carollo, come hack to you. Commissioner Carollo: Thank you. And let me be clear. Although I am strongly, aggressively advocating for Little Havana, by all means, I'm viewing this as one city. And what Ion trying to do is connect Brickell to Little Havana, which I think is very fair, and I think it should. You know, you have high density in Brickell, you have high density in Little Havana. You have tourists -- every day you can go to 15th Avenue and Southwest 8th Street, Calle Ocho. You're going to see buses full of tourists, you know, unloading. And you know, maybe fi^om Brickell, instead of taking a bus there, they may want to take a bike ride, you know. So again, I'm -- even though I'm aggressively advocating for Little Havana, at the same time, what I'm hying to do is connect all the different neighborhoods together. So I think this is very important, and I would ask, Is there a way to maybe, in this first phase, expand that instead of *4th Avenue, maybe to, you know, 12 Avenue or 17th Avenue, somewhere in that area, you know? And I'm not a --and listen, I'm not a traffic engineer. I'm not -- but at the same time, I think its something reasonable. And at the very least, I would like to know, you know, if it's possible. T'ice Chair Gort: You got a good location on 15th Avenue and 8th Street, that little park there. Commissioner Carollo: Right, 15th Avenue and 8th Street, which is Domino Park. Hr. Spanioli: Commissioners, with discussions with Deco Bike, they are absolutely willing to install those stations throughout the different districts to ensure they have it in phase one rollout. Commissioner Carollo: And with 8th Street, what I'm -- that I'm speaking in this phase one -- Bonifacio Diaz: Yeah. Commissioner Carollo: --is that possible? Mr. Diaz: Yeah. Chair Sarnoff Why don't you crone up to the record [mic] so we can hear that so when, in six months, he doesn't see it there, he can say, now I looked at the record -- Mr. Diaz: Hi. My name is Bonifacio Diaz. This all starts in phases. We can't cover the whole city at once. Commissioner Carollo: I understand. Mr. Diaz: It's impossible financially and manpower and so forth. But we're willing to put a couple stations in your district, and 8th Street just makes sense. And I don't see no problem with that. We're also in talks with the City of Coral Gables to expand to Coral Gables, so definitely City of Atiand Page 33 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 we're going to cover Coral Way. So definitely we're going to put more stations. We started like with 40 stations in Miami Beach. We have 100 stations currently. So definitely, it's our hest interest to make this really an alternative mode of transportation. Commissioner Carollo: Thank you, and I appreciate that. Mr. Diaz: You're welcome. Commissioner Carollo: And -- Ince Chair Gort• Look at the Health District also. Commissioner Carollo: -- just for the record, the date that I was given where we last discussed this and I had made those comments was in the June 14, 2012 meeting, Commissioner. Thank you. Chair Sar Haff • So not to he outdone, Mr. Spanioli, by my fellow Commissioners, will this go to Coconut Grove? Mr. Spanioli: Yes. Chair Sarnaff: Yes. Mr. Spanioli: Yes, I'm sorry. I did not mention that. Chair Sarnoff: Okay. Mr. Spanioli: Coconut Grove is one of them. Chair Sarnoff: And will it go to the Upper Eastside? Mr. Spanioli: Yes. Chair Sarnaff: Good. All right. Any further discussion on this item? Commissioner Carollo: Yeah. And I don't know if we need some type of amendment because it's my understanding the locations are already fixed here. Chair Sarnoff So the mover accept the modified motion? Commissioner Suarez: Did I move it? Who moved it? Chair Sarnoff: Did we move this yet? Todd B. Hannon (City Clerk): Yes, sir. Vice Chair Gort moved it -- Ince Chair Gort• I did. Mr. Hannon: -- and Commissioner Carollo seconded. Chair Sarnoff So as modified, correct, Commissioner? Ince Chair Gort• Yes. Chair Sarnoff: And seconder, as modified? City of Miand Page 34 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Commissioner Carollo: Yes. Chair Sarna.f: All right. Any.further discussion? A11 in favor, let's pedal on. Commissioner Suarez: Aye. Chair Sarnoff: All say "aye. " The Commission (Collectively). Aye. Commissioner Carollo: Thank you. Applause. RE.5 RESOLUTION 12-01328 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN Program INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY ("COUNTY") FOR THE REMEDIATION AND CLOSURE OF THE VIRGINIA KEY LANDFILL; FURTHER TERMINATING THE GRANT AGREEMENT WITH THE COUNTY DATED AUGUST 24, 2004, FOR THE PREPARATION OF A CONTAMINATION ASSESSMENT PLAN AND SITE ASSESSMENT REPORT AND REPLACING IT WITH THIS INTERLOCAL AGREEMENT FOR CLOSURE OF THE VIRGINIA KEY LANDFILL. 12-01328 Summary Form.pdf 12-01328 Pre-Legislation.pdf 12-01328 Legislation.pdf 12-01328 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. votes: Ayes: 5 - Commissioner(s) Gort, Sarnof, Carollo, Suarez and Spence -Jones R-13-0036 Direction by Vice Chair Gort to the Administration to ensure that the City is an active participant in the execution of the interlocal agreement between the Citv ofMiami and Miami -Dade County for the remediation and closure of the Virginia Key Landfill and provide periodic status updates to the City Commission regarding the progress of the project. Chair Sarnoff: All right, RE. 5. Mark Spanioli: Commissioners, Mark Spanioli, director of Capitallmprovements. RE.5 is an interlocal agreementfbr the Virginia Key landfill remediation and closure with Miami -Dade County. This is an agreement we had -- or drafted with the County to provide all the work necessary and absorb all the costs associated with the landfill remediation and closure. It's estimated in the agreement at $46 million. Chair Sarnoff: Okay. I recommend that we also take up RE.6. You want to -- Mr. Spanioli: Yes, RE. 6. City ofAtiand Page 35 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Mice Chair Gort: Yes. Chair Sarnoff -- open that up for -- Commissioner Suarez: Move it. Mice Chair Gort: Take them both. Commissioner Carollo: Second. Chair Sarnaff• All right. We have a motion on RE.5. Any discussion? Mice Chair Gort: Yes. Chair Sarnoff You're recognized for the record, Commissioner Gort. Vice Chair Gort: I have several questions. My understanding is this is a joint venture, partnership that we're doing with the County and were going to work very closely with the County. And we seen some of the experience. I just heard from the Chairperson -- the Chairman with the experience that we have with the County in doing some work. I -- in my, district, I have a lot ofprohlems with WASA (Water and SewerAuthority), where we justfinished one street and they came in, they opened up the holes; they haven'tfixed it completely. They haven'tfanished, and that's the complaint that I sent yesterday. Now, I have several questions. My understanding is -- and we addressing all the agreements. My understanding is the funds are going to be used to mediation. It's going to be funds that we'll use from the bond issue that was done in 1980 -- 2005. My understanding is also the pledge of the City ofMiami towards the debt service is one of the largest of all the municipalities that exist there. What I would like to see is the County and the City working as a team. I mean, I understand the County has all the rights to do that, but I avant my people to he there. I also want to have information constantly; who's going to do the analysis, who's going to do the study; what method are they going to use to do the tapping. At the same time, my understanding is -- one of the things we -- and Commissioner -- Chairman Sarnoff, you're very much important into -- very much into green, converting everything into green. Now my understanding is, there will come a time when maybe we can do away with the landfall. My understanding is, a lot of waste right now. There's technical support to convert waste into electr-icily or- into fuel. That'll he the future. That'll be great if we don't have to have any more landfill and we can utilize all this waste to do so. My understanding is -- and I met with a couple of people, especially (UNINTELLIGIBLE) Ener�qv Corporation about a year ago, where they talked about they wanted to do something with the Citv to do that. My understanding is, they're working with the County and maybe the County will crane in agreement with them so they can supply the waste and create energy. Now my question is, in the contract that we have, if at any time the cost of trash is reduced, we automatically will get a reduction? That's correct, right? Johnny Martinez (City Manager): Yes. Vice Chair Gort: I also would like to have the City -- the role and the supervision ofwhat's taking place in Virginia Beach. Mr. Martinez: I mean, the County will he in the forefront of this. We're definitely not going to sit on the side. We're going to he, you know -- Vice Chair Gort: No. ]'in not going to let you sit on the side. I want reports constantly. Mr. Martinez: You want what? City ofMiand Page 36 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Mice Chair Gort: Reports. Mr. Martinez: Yes. Ince Chair Gort: I avant to know what's the method are we going to use. I want to get information from the engineer. And I want to make -- because they keep saying $45 million. I think it could be for less. We're getting a lot of the dirt that's coming out of the tunnel that's going to he utilized, so that'll be some savings in there. I'mnot an engineer, so Tm. just asking questions because I don't know. That's why I m asking all these questions. But I want to make sure that we participate, that we're part of this transaction. And I would like for the -- Yes, ma'am. You're recognized. Kathleen Woods Richardson: Good morning. Kathleen Woods Richardson, Public -- Miami-Dade County Public Works and Waste Management. We certainly have been cooperating with the City and definitely want the City to he a major partner with us in this project. As we've been doing all of this work and as we continue going forward, we intend to have the City at the table with us and coordinate with us as we go through the decisions that need to be made. We, at this point, anticipate that we may use an RFP (Request for Proposals) process, and in that case, we would definitely want the City to be on our panel so that the decisions are made going forward with the project, that they're part of *the decision making. The project -- the County is going to be the party responsible for the construction, responsible to our bond engineer for the use of the funds. We will have to -- we'll retain responsibilityfor the project. And anything that we do, any monies that we spend have to he approved by the bond engineer. So subject to all of that, we call certainly have the -- and certainly intend to have the City as a working partner to get this done as quickly as possible and certainly at the most efficient cost that we can. We want to spend the money the best way we can and certainly have some left over because we do have some other plans for that money as well. Ince Chair Gort: Well, I appreciate it. And most important, ifwe cart sign -- ifyou have an agreement where you call convert all this trash or all this garbage into energy, it'd he great for all of *us 'cause you'll be saving, we'll be saving, and you'll be getting some revenues. Ms. Woods Richardson: The greatest amount of our waste stream now is not landfill. It goes into a waste energy facility. There are new technologies all the time that are being developed, and we're constantly looking at them because we do want to make sure that were not landfilling, that we use other technologies to do i-vhat's best for the entire earth. So were constantly looking at new technologies. Vice Chair Gort: Okay. Thankyou. Chair Sar naff • Thank you. Anyone else wishing to he heard, RE.5? Mr. Manager, Ijust i -vont to say to you -- I want to thank a lot ofpeople in this. I want to thank Commissioner Gimenez, now Mayor Gimenez. I want to thank Commissioner Xavier Suarez. I want to thank Commissioner Suarez jorpushing Commissioner Xavier Suarez. Everybodv here had a hand in this. And you know, as much as it is in District 1, you could potentially have 15 hallparks in the City of Miami that will just benefit everyone. And this has been sitting dormant for a long, long time, and nay hat's off to you, Mr. Manager, because you,frnally brought the hall across the goal line, as they say. Alice Bravo, thank you. I know you had your particular hand in this. And I just think it's a long time in coming. And it's -- County negotiates the way the Countv negotiates 'cause they get to do it 'cause they're big. But this is a good deal for the City: this is a good deal for the County. And we -- whatever goes on there, it is the County's responsibility to remediate this, and that's what we needed. And that's what then Commissioner Gimenez understood that we needed. We could not bear to have the risk of not heing able to remediate this all the way. The County needed to bear that risk. So thank you. All right. We have a motion, we have a second. All in favor, please say "ave. " City ofMiand Page 37 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 The Commission (Collectively): Aye. RE.6 RESOLUTION 12-01336 Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Waste ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY ("COUNTY") AND CONTRACT CITIES FOR USE OF THE COUNTY SOLID WASTE MANAGEMENT SYSTEM FOR SOLID WASTE DISPOSAL OF MUNICIPAL SOLID WASTE. 12-01336 Summary Form.pdf 12-01336 Legislation.pdf 12-01336 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gott, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0037 Note for the Record: Please refer to item RE.5 for minutes referencing item RE.6. Chair Sarnoff RE.6. Commissioner Suarez: Move it. Chair Sarnoff: We have a motion by Commissioner -- Vice Chair Gort: Second. Chair Sarnoff: -- Suarez, second -- Commissioner Carollo: Second. Chair Sarnoff -- by Commissioner Gort. You want to put something real briefly on the record? Keith Carswell: Keith Carswell, director for Department of Solid Waste. RE.6 is a resolution of the Miami City Commission, with attachments, authorizing the Citv Manager to execute the second amendment to the interlocal agreement, in substantially the attached form, between the City of Miami and Miami -Dade County and contract cities, for the use of the solid waste management systeni for solid waste disposal of municipal solid waste. Chair Sarnoff: All right. We have a motion, and we have a second. Any further discussion? Hearing none, seeing none, all in favor, please say "aye. " The Commission (Collectively): Aye. Commissioner Carollo: Thankyou. T'ice Chair Gort: Thank you all. Appreciate it. City of Miand Page 38 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 RE.7 RESOLUTION 12-01442 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Program JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY ("DDA"), FOR THE DOWNTOWN MIAMI BICYCLE AND PEDESTRIAN MOBILITY IMPROVEMENTS PROJECT ("PROJECT"); ACCEPTING THE CONTRIBUTION OF FUNDS FROM THE DDA, IN AN AMOUNT NOT TO EXCEED $37,500, FOR SAID PROJECT. 12-01442 Summary Form.pdf 12-01442 Legislation.pdf 12-01442 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0038 Chair Sarnoff: RE. 7. Mark Spanioli: Commissioners, Mark Spanioli, Capital Improvements director. RE.7 is a resolution for a JPA (Joint Participation Agreement) with the Downtown Development Authority fora downtown bike pedestrian project. The project is improvements within the downtown area for bike lanes, shared use markings, pedestrian signal improvements, and crosswalk improvements. This received an FDOT (Florida Department of Transportation) grant of 250, 000. Commissioner Spence -Jones: So move. Commissioner Carollo: Second. Chair Sarna.f: We have a motion by Commissioner Spence -Jones, second by Commissioner Carollo. Any discussion? Hearing no discussion, all in favor; please say "aye. " The Commission (Collectively): Aye. RE.8 RESOLUTION 12-01443 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Program JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY ("DDA"), FOR THE DOWNTOWN MIAMI SIGNAGE AND WAYFINDING SYSTEM ("PROJECT"); ACCEPTING THE CONTRIBUTION OF FUNDS FROM THE DDA, IN AN AMOUNT NOT TO EXCEED $150,000, FOR SAID PROJECT. 12-01443 Summary Form.pdf 12-01443 Legislation.pdf 12-01443 Exhibit 1.pdf City of Atiand Page 39 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sainoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-13-0039 Chair SarnoJJ. RE. S. Mark Spanioli (Director, Capital Improvements Program): RE.8 is also a JPA (Joint Participation Agreement) with the DDA (Downtown Development Authority) for the downtown signage and wayfinding project. Commissioner Spence -Jones: So moved. Chair Sarnoff: We have a motion by Commissioner Spence -Jones, second -- Commissioner Suarez: Second. Chair Sarnoff: -- by Commissioner Suarez. Any discussion? Hearing no dis -- Commissioner Spence -Jones: Mr. Chairman, I just do have one question. Chair Sarnoff: Commissioner Spence -Jones is recognized for- the record. Commissioner Spence -Jones: Thank you so much. Mark, I just wanted to make sure -- I know we talked about it in our briefing -- that Park West is included somehow in the overall plan. I know there are a lot of businesses that are popping up on -- I believe that's north -- is that North Miami Avenue? -yeah, North Miami Avenue, that definitely want to he connected to some of this stuff that's happening downtown. So I've already had a conversation with the DDA folks, and I know they're here somewhere. I just want to make sure that that actually happens. Mr. Spanioli: Ahsolutelv, Commissioner. Contntissioner Spence -Jones: All right. Commissioner Suarez: Mr. Chair. Chair Sarnoff: You're recognized. Commissioner Suarez: Thank you, Mr. Chair. Yeah, I remember when Ifirst got here -- first got elected a few years ago. The first meeting T had with the Downtown Development Authority, the first meeting, this issue came up. And I said, Look, I have worked in downtown and I understand that after you work in downtown for a while, you kind ofget the hang of where everything is, but you know, for everyone else, its like a jigsaw puzzle, you know, particularly for tourists. And if you want the central business district to be as vibrant as the areas that are surrounding it right now, I think you have to make it logical and easy fbr- people to get around. I thought that was the -- always the biggest challenge, you know, aside from the other ones that downtown has. And so, I'm just very, very happy that we've come to a point where now were able to approve this, you know, and get this moving forward. Chair Sarnoff: I could tell you where it's actually at right now, just to show you the irony of it 'cause you're now sitting here long enough to understand how things move. We are waiting on a human factor study to allow us to vary the size font that FDOT (Florida Department of City of Miand Page 40 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Transportation) requires on their roadways, and that is a person standing ten feet away heing able to seethe size of the print. Would have thought that could have been done in a day or two, but you know that human factor's guy, we got to get the right one. He's got to do that study. He's got to write a report. if l sound fYustrated, l am, and l share his fvustration because I really thought this would have been done a year ago. But I know you're working on it. I fallow this issue very carefully, very closely. When do you think the human factor study will be done? Mr. Spanioli: That's a good question. I -- I'm not as intimately involved with that part of the process, but I can certainly ask the DDA and find out for you. Chair Sarnoff Okay. Mice Chair Gort: It'd be great f fou can find out and let us know. Chair Sarnoff: Go ahead. You're recognized. Trce Chair Gort: Naw that we're talking about this, let me go hack to Ultra, since they're going to he two weekends. I understand there are going to he a lot of people that are going to be for a whole week within that area. Is there any way that we can get -- during that area, get the -- what do you call them, the trolleys to go up and down Flagler so that people can -- there within the Biscayne Boulevard can go and see that part of Flagler -- Chair Sar Haff • Like -- Mice Chair Gort: -- where the merchants are at? Yes. Chair Sarnoff: -- a circulator versus (UNINTELLIGIBLE) -- Trce Chair Gort: Circulate it through Flagler, yes. Chair Sarnoff: (UNINTELLIGIBLE). That's not a had idea. Is that something you could look into very quickly? Hr. Spanioli: That's absolutely something we can look into for that. Trce Chair Gort: I think you should because the -- I think the -- a lot of the merchants will appreciate it if they can get some of the business. That'll he very helpful. Chair Sarnoff: I think that's a great suggestion, Commissioner Gort. Mr-. Spanioli: Absolutely. Chair Sarnoff: I -- the regular route might be too long for them, so maybe a small circulator. Good idea. All right. Vice Chair Gort: Thank you. Chair Sarnoff. We have a motion and we have a second. All in favor, please say "aye. " The Commission (Collectively): Aye. Hr. Spanioli: Thankyou. RE.9 RESOLUTION 12-01467 City of Miand Page 41 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY GUILLERMO CUADRAAND GINNY CUADRA, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $50,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ATTORNEY'S FEES AND COSTS, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CASE STYLED GUILLERMO CUADRAAND GINNY CUADRA, HIS WIFE VS. THE CITY OF MIAMI, PENDING IN THE MIAMI-DADE COUNTY CIRCUIT COURT, CASE NO.: 12-31599 CA 13, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000. 12-01467 Memo - Office of the City Attorney.pdf 12-01467 Memo - Financial Signoff.pdf 12-01467 Legislation.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez R-13-0040 Chair Sarnoff: Okay, RE. 9. Julie O. Bru (City Attorney): Mr. Chair, this is a request,for authority to settle a matter which is pending in Miami -Dade County circuit court. Commissioner Gort: Move it. Chair Sarna.f: We have a motion. Ms. Bru: It's a settlement of a case pending in circuit court. Comniissiotier Spence -Jones: Second. Chair Sarna. f: Second. I'd just like to say something because I can he very critical of Madam City Attorney, and I can equally he very critical of Henry Hunnefeld. This is a great job. Mice Chair Gort: Yes. Chair Sarnoff: This is good lawyering. And congratulations, Henry, congratulations, Madam City Attorney. Goad jab. All right. We have a motion and we have a second. All in, favor? The Commission (Collectively): Aye. RE.10 RESOLUTION 12-01471 Office of'the City A RESOLUTION OF THE MIAMI CITY COMMISSION, DETERMINING THAT Attorney THE CONDITIONS SET FORTH IN SECTION 111.065(3), FLORIDA STATUTES, HAVE NOT BEEN SATISFIED, DECLINING TO AUTHORIZE THE EXPENDITURE OF ATTORNEY'S FEES AND COSTS FOR THE ENGAGEMENT OF CRIMINAL DEFENSE COUNSEL FOR City nfMianu Page 42 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 REPRESENTATION OF SERGEANT RAUL IGLESIAS IN THE CASE OF UNITED STATES OF AMERICA VS. RAUL IGLESIAS, PENDING IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NOS.: 12-CR-20533-CMAAND 12 -CR -20533 -CMA -1; FURTHER PROVIDING FOR A RETROACTIVE DATE. 12-01471 Memo -Office of the City Attorney.pdf 12-01471 Letter - Legal Representation. pdf 12-01471 I nd ictment. pdf 12-01471 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Sar Hoff.• Now we have RE.10, I think, on the table, and RE. 1 2. Ms. Bru: RE. 10 is a withdrawal. Chair Sarnoff: Withdrawal. RE. 12, is that a withdrawal or is that a deferral or continuance? Commissioner Suarez: It's a deferral, I think. Mr. Martinez: Continuance. Chair Sarnoff: All right. So let's take care of then RE.10. RE.10 is a withdrawal. Is there a motion? Commissioner Suarez: Move it. Chair Sarnoff: We have a motion. Is there a second? Commissioner Carollo: Second. Chair Sarnoff: Second. Any discussion. All in favor, then please say "aye. " The Commission (Collectively): Aye. RE.11 RESOLUTION 12-01340 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), AUTHORIZING A GRANT TO THE MUSEUM OF SCIENCE, Program INC. D/B/A MIAMI MUSEUM OF SCIENCE AND PLANETARIUM ("MMOS"), TO SUPPORT THE DEVELOPMENT OF A NEW SCIENCE MUSEUM AND PLANETARIUM FACILITY ("PROJECT") IN THE CITY OF MIAMI -OWNED BICENTENNIAL PARK, IN AN AMOUNT UP TO $548,375 FOR CAPITAL COMPONENTS OF THE PROJECT; ALLOCATING SAID FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B -78502A, ENTITLED "MUSEUM OF SCIENCE -DEVELOPMENT IN BICENTENNIAL PARK"; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER 3 TO THE EXISTING PROJECT CO-OPERATION AGREEMENT, AS AMENDED, WITH MMOS (COLLECTIVELY, "GRANT AGREEMENT"), IN SUBSTANTIALLY THE City nfMianu Page 43 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 ATTACHED FORM, TO INCREASE THE FUNDING UNDER THE GRANT AGREEMENT FROM AN AMOUNT OF $2,151,625 TO AN AMOUNT UP TO $2,700,000, FOR SAID PURPOSE AND IN COMPLIANCE WITH THE HOMELAND DEFENSE/NEIGHBORHOOD CAPITAL IMPROVEMENT PROJECTS BOND PROGRAM. 12-01340 Summary Form.pdf 12-01340 Legislation (Version 3).pdf 12-01340 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0041 Chair Sar Haff • Okay. I think now the best thing to do is -- Commissioner Suarez: Take a break? Chair Sarnofj: -- Mr. Clerk -- Commissioner Spence -Jones: Can we take the Museum of Science and get them out so they could --? Chair Sarnofj: I'm sorry? Oh, yeah. Commissioner Spence -Jones: The Museum of Science is next, right? Chair Sarnoff. RE (Resolution) --you want to go to RE. 11 ? Mice Chair Gort: Yeah. Commissioner Spence -Jones: Yeah. (UNINTELLIGIBLE). Chair Sarnoff. That's fine. Commissioner Spence -Jones: I just want to put something on the record. I don't want to have to have her come hack. Chair Sarnoff That's fine. RE. 11. Mark Spanioli: Commissioners, Mark Spanioli, director of *CIP (Capital Improvements Program). RE. 11 is the Museum of Science grant amendment to satisfy our remaining -- Commissioner Spence -Jones: So moved. Discussion. T'ice Chair Gort: Second. Chair Sarnoff: All right. We have a motion. We have a second. Discussion. Commissioner Spence -Jones, you're recognized for the record. Commissioner Spence -Jones: Thankyou, Mr. Chairman. I know the Museum of Science is here, right? Museum of Science? Okay, no problem. And also, I wanted to see if we have Lillian Blondet, if she's around. Yeah, I just want to make sure we get her. I just want to kind of put this City ofAtiand Page 44 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 on the record. As you know, Commissioner Sarnoff ' I think you and I were the only ones that was here during these particular time. And one of *the things that we pushed very hard on was making sure that-WAM(Miami Art Museum) and the Museum of Science lived up to their commitment to make sure that the jobs came fvom the community, not only the jobs, but also the small businesses from the community. I've never really had an issue with Museum of Science, as you know. I think that, you know, their representative, she's a classy, dignified lady. She truly believes in doing the right thing and making sure that all communities are represented, so never had an issue with them at all. I just wanted to put on the record a few things just to make sure -- 'cause I believe the first phase of the project was the garage, which is great. We can see the garage out of the ground at this point. I wanted to make sure, Marc, though, as we move on into the phase of actually building the building, that we do make sure we hit those goals and objectives of the 15 percent of employment and smaller businesses from our communities. I believe during the time when we talked about this whole issue, we talked about making sure there was a ten -mile radius approach with identifying businesses in Allapattah, businesses in Little Havana, and businesses in Overtown to make sure they actually henefit from this $313 million construction project that was happening in the heart of downtown. And I know that -- and I want to thank you for providing us with a list of -- Gillian -- all of the contractors that was used on the first phase. And I believe, Marc, they're getting ready to go into the second phase of the project. So I want to make sure that there is a real outreach to get the smaller companies involved in a lot of the -- the second phase of the project. 'Cause I have the list, and yes, we have a few 305s, but I definitely want to see, you know, more 305s 'cause right now I'm seeing a lot of 954s, a lot of 904s of companies that are outside of the area that clearly could be doing some of this work. So I'm going to ask staff to work closely with you as we go into the second phase of the project to make sure that happens. 'Cause at the end of the day, you're trying to get your building built and I respect that. It's really up to the City. If we're giving money or resources or land to support a project, it's really up to us to make sure we monitor it to make sure that it's happening and to provide you with the support. Now we have -- which I'm happy to mention. We do have Lillian Blondet -- and I mentioned this to you yesterday in my briefing. We do have a program called Miami Works, which is a partnership with many of the unions here, electrical, carpenters, the apprenticeship portion of it, to make sure those individuals are trained and ready to support some of these companies that are actually going in. So I asked in my meeting, Lillian, with them yesterday that she reaches out and that you guys connect today before you leave so that they can begin to get individuals to register through the overall career center that we have, the one-stop shop, to make sure you're getting those numbers 'cause at the end of the day, we have to meet our numbers at South Florida Workforce. So any way we can help Lillian do that, I want to try to make sure that that happens. So Gillian, this is Lillian. Lillian, Gillian, y'all meet. With that being said, I just want to make sure -- we talked about the possibility of doing one job fair, which I know you guys have done in the past, for the second phase of the project. So they'll know exactly the residents came from the City of Miami because you've been actively involved with tapping into your database to get them there. So I would like for you guys, in the next 30 days, to by to get thatjab,fair going so those individuals can go to work. And with that being said, I'm happy with your progress. Like I said, you are a -- one classy, dignified lady that really believes in doing the right thing. I wanted to mention the other part of -- outside of the construction and the 15 percent that we required, was to make sure that the outreach efforts continued, and you continue to do that on so many other levels. But I do want to see, as we move on, that we begin to take the Museum of Science, instead of bringing people to the museum, which we love, we avant to see the outreach, like we talked about in the very beginning almost two and a half years ago, that Museum of Science will now start to go into the neighborhoods. And I think one of the projects that I definitely want to have your support on is the hydro -- am I saying it right? -- hydroponics? Gillian Thomas: Hydroponics and aquaponics. Commissioner Spence -Jones: Right. And that is to help a lot of the fishermen that -- I think three of *us Commissioners are actually on the river. And many of my fishermen, from City ofMiand Page 45 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Casablanca and also f om Garcia's, they go out and fish every day. And one of the challenges that they're having is, you know, the regeneration of fish and them not regenerating fast enough. So I'm putting on apiece of land in our district -- in Lummus Landing we're putting an outdoor seafbod market and a smaller type of aquarium type thing that we would like to put there to have fish regenerated there as a part of some sort of tourist attraction, but also, it'll help the fishermen in the overall area. So I know that you put on the record that you gays just got a major grant, and we want to try to work together with you on those initiatives as well. Ms. Thomas: For the record, this is Gillian Thomas, the Miami Science Museum. I'mveru happy to work with Commissioner on all the area of aquaponics and fish cultivation, which will only feed into our knowledge of how best to address these issues as we develop the aquarium component of our new museum, so I'm sure this will he very helpful. Mice Chair Gort: I'd like to add finally, after a year and a half, we have a workforce working with us and Lillian is training a lot of the people, so its a lot easier. Even individuals that not receiving funds fvom the City of Miami, 1'na asking them to go to Lillian because she's got qualified individuals that have training. And if you can tell them in specific i-vhat you're looking for, she can provide it and you can be helping us too, so we appreciate that. Ms. Thomas: I've been reminded to make contact -- Vice Chair Gort: Now we have the direct connection, which is very important. Ms. Thomas: Yeah, I'll definitely follow that one up. Thank you. Chair Sarnoff: Hi, Gillian. How are you? Ms. Thomas: Pin very well, thankyou. I'm delighted to see the museum rising out of the ground. And I hope sometime early iu the new year, you will come and visit the site because you cannot get to the level -- if you don't mind climbing a ladder -- to the level of the plaza and look at its context in the whole museum area there, which is really splendid. Chair Sarnoff: Great. Anyone else? Commissioner Carollo: Yes, Mr. Chairman. Chair Sarnoff: You're recognized for the record. Commissioner Carollo: Thank you, Mr. Chairman. I vivant to verify with one ofour assistant city attorneys, you know, Robin Jones Jackson -- I believe there was some potential noncompliance issues, and I want to make sure that she is comfortable with this moving forward. Meronica Xiques: Commissioner, good morning. Veronica Xiques, assistant Citv Attorney. Robin Jones Jackson, fYom nay office, has reviewed extensively all of the documents involved and has confirmed that in fact now they are in compliance, and she has met with Gillian, and they both know what needs to be done to proceed and to proceed with the directives that this Commission has adopted. Commissioner Carollo: Okay. I don't have any further questions. Chair Sarnoff: Commissioner Suarez? Commissioner Suarez: No further questions. Chair Sarnoff: All right. All in favor then, please say "ave. " City ofMiand Page 46 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 The Commission (Collectively): Aye. Chair Sarna.f: Okay. Ms. Thomas: Thank you so much. Mice Chair Gort: Thank you. Chair Sarna. f: I think at this -- Unidentified Speaker: Take five? Chair Sarnoff: Well -- yeah, let's take three hecause we just have the CRA (Community Redevelopment Agency) -- Trce Chair Gort: (UNINTELLIGIBLE) got to go and we're going to go to CRA. Chair Sarnoff: -- and then that's it, and then we'll break for lunch. Mice Chair Gort: They got to change. Chair Sar Haff • Right. So let's take five minutes. Five-minute recess. RE.12 RESOLUTION 12-01307 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Planning and Zoning ATTACHMENT(S), APPOINTING TWO (2) ADDITIONAL PRE -QUALIFIED SPECIAL MASTERS, AS LISTED IN "EXHIBIT A", ATTACHED AND INCORPORATED, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 320284, AUTHORIZED BY RESOLUTION NO. 12-0294, ADOPTED SEPTEMBER 13, 2012, TO PROVIDE SPECIAL MASTER SERVICES ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS; AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM(S), FOR AN INITIAL PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED. 12-01307 Summary Form.pdf 12-01307 Award Recommendation Form.pdf 12-01307 Martiza Alvarez, PA- Resume.pdf 12-01307 Victor H. De Yurre, ESQ Resume.pdf 12-01307 Pre-Legislation.pdf 12-01307 Cost Analysis - 01/24/13.pdf 12-01307 Legislation.pdf 12-01307 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item RE. 12 was deferred to the February 14, 2013 Commission Meeting. City of Miand Page 47 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Chair Sarnoff: RE. 12 is now a continuance or a deferral to a date certain? Johnny Martinez (City Manager): Defer to Februaiy 14. Chair Sarnoff: February 14. All right, so we have RE. 12. The request by the Manager is a deferral to February 14. Is there a said motion? Commissioner Suarez: Move it. Chair Sar naff • We have a motion. Is there a second? Commissioner Carollo: Second. Chair Sarnoff: Any discussion? Hearing no discussion, all in favor, please say "aye. " The Commission (Collectively): Aye. Later... Chair Sarnoff: Commissioner Gort, you have anything you want to --? Ince Chair Gort• Yeah. Any particular reason why RE.12 is being taken out? The Administration is taking it out, right? Mr. Martinez: RE --Yes. I wanted to defer it 'cause we're still gathering some more information on that item. Ince Chair Gort: Okay. Thankyou. RE.13 RESOLUTION 13-00043 District 5- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $50,000, FOR Michelle FEES AND COSTS ASSOCIATED WITH THE 2013 DR. MARTIN LUTHER Spence -Jones KING, JR. CANDLELIGHT VIGIL BEING HELD IN APRIL, 2013; ALLOCATING FUNDS FROM THE NON -DEPARTMENTAL ACCOUNT FESTIVALS RESERVE CODE NO. 0001.980000.548000.0000.00000. 13-00043 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Samoty, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carol In R-13-0042 Chair Sarnojj. RE. 13. Commissioner Spence -Jones: And I believe -- oh, that's nee, okay. Yes, my fellow Commissioners, this is for the item -- as you know -- 1 don't know where our budget person, Danny, is, but when we were talking about the kev events, I know that you guys all participated in the MLK (Martin Luther King) this past Monday. I was not here. I was at the inauguration, City nfMianu Page 48 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 and I'm glad I was able to make it, my first experience. But I really wanted to make sure the two events that were really important to me always is definitely always the birth of *the king, but also the assassination. And as you know, we're doing this whole big launch on stand up against violence with the police department and we're going to he doing -- the Heat has already cut commercial spots, LeBrou, D. Wade, and the rest of the few other players, that will he airing around the same time. And this is all about encouraging young people to, you know, stay away from violent activities. So this is a weeklong initiative that we're doing. starting in the schools and then having the major candlelight vigil service. We usually have about -- at least about 5, 000 people crone to participate. It's just a big event and it's --it means a lot to the neighborhood. So I just wanted to make sure that we were clear. And I -- I don't know why it was not clear in the previous agenda, but I wanted to make sure that we were clear. This is for the funds, not to exceed the $50, 000 cost for the Dr. Martin Luther King candlelight vigil, which will he held on April 4 of this year. So I just wanted to make sure -- Did I cover everything, Danny? Daniel Alfonso (Director, Management & Budget): Yes, ma'am. Commissioner Spence -Jones: Okay. So -- Chair Sarnoff: Go ahead, Danny. I'm sorry. Commissioner Spence -Jones: --just wanted to be clear. So with that, I'd like to move that item. Yice Chair Gort: Second. Chair Sarnoff: All right. We have a motion and we have a second. Vice Chair Gort: This is for the second year? Commissioner Spence -Jones: No. This is the tenth year. Mice Chair Gort: The tenth vear. Commissioner Spence -Jones: Tenth. We've been -- Chair Sarnoff: Motion and second. Commissioner Spence -Jones: -- doing it ten years. Commissioner Suarez: Just a quick -- Chair Sarnoff: All -- Commissioner Suarez: -- thing, which -- Commissioner Spence -Jones: Sure. Commissioner Suarez: -- was this was money that we already had allocated for these activities, for Martin Luther King related activities, correct? Comnaissioner Spence -Jones: Yeah. And then let me just add on ton while you're saying that because, you know, there was this confusion about what dollars were going to the parade and what dollars were going to this. But I've always made it very known and clear that I wanted to make sure these dollars, 50, 000, was set aside for the vigil 'cause it's a different type of event. Now I do understand that there are some issues on the parade side of it. And what I'm going to City ofMiand Page 49 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 ask to have happen is -- I thinkpart of the issue is Police and Fire and Solid Waste on the parade always get time and a half, which means their bill is always much higher. And I made the recommendation in the meeting that we should not -- we should give the dollars directly to the organizers, like were doing in this case, so that we don't have that extra cost. So I've asked for my staff to work along with the Mayor -- Manager's staff to reevaluate that hill because I'm sure that number will come down, and that is on the parade side of it. And then just in general, I did tell the parade organizers --you guys attended the event, not me. I really do think that the parade -- we really need to look at revamping and doing some things to really help enhance the parade. And I support it 100 percent and, you know, I'll die, you know, at the stake for it. But you know, the numbers are decreasing. The level of '-- what do you call it --floats in the parade -- the message is somewhat being lost. And I can say that -- y'all can't say it, but I'm going to say it, okay. So if i-ve're -- if it's going to really be about the king and about what he stood for, it has to be of that quality. And the last couple of ,years -- I didn't go this year -- Three Kings, when you go to that parade, I mean, you're very clear what the message is, you know. So I really vivant staff to work early -- and I don't know ifMLK can work along with them, but we just cannot -- I mean, I cannot continue to just do it for the sake of doing it and it does not have the message that needs to be behind it. Now you guys attended, and if you have something else different that you want to add to it, maybe you saw something different. But my husband was there and my family was there, and that was what they got out of 'it. So I would like to get your input on it. Did you feel the same -- or you're afraid to say? Chair Sarnaff: No. It was -- you know what, it was -- my recollection, having done it a couple of years, it was prohably the best attended one I think I've been to. So from the attendance standpoint, I think it was good. But thematically -- I was in the front of the parade, so I didn't -- when you're in the parade, you don't actually get to see the parade. Commissioner Suarez: I think there's two things. One is, I think the last year, ifI'm not mistaken, it rained on the day, so obviously, you know, there was probably more people this year than there were last year just simply because it rained. The other thing that I think Three Kings has done that maybe MLK parade wants to look at is they actually shortened the route -- Chair Sarnoff: Yeah. Commissioner Spence -Jones: Yeah. Commissioner Suarez: --which means --this year I think Three Kings was from the 95 to 17th Avenue, and MLK was about like 10 blocks. Commissioner Spence -Jones: Yeah. Commissioner Suarez: So ifyou shorten the route a little bit, you get more compression, more crowd in a shorter area and it looks more voluminous, and then I think maybe that excites people to get more involved, to have more floats and, you know, doesn't look like there are sections where there's not too many people. So, you know, that -- maybe they want to -- Commissioner Spence -Jones: I appreciate the honesty. Commissioner Suarez: -- look at shortening the route. Commissioner Spence -Jones: And I think a lot of times we don't want to say, you know -- 'cause we don't want to offend. But the only way things get better is by us communicating it. And I just avant it to get better, that's it. Commissioner Suarez: Okay. City of Atiand Page 50 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Mice Chair Gort: One of *the things -- we had to do the same thing with the Kiwanis Cluh. Originally, we began from l7th Avenue to 27. Then people asked to expand it all the way to 4th Avenue and we had to cut it down because we didn't have the sponsorship necessarv. Now I think they need to start working today in trying to get sponsors to come up with the right floats -- Commissioner Spence -Jones: Yes. Mice Chair Gort: -- and with the right message, and I think that's something that takes a whole year. Commissioner Spence -Jones: I know. And mayhe -- I don't know who the organizers of Three Kings are, but I know a lot of those major companies that are in the parade, you know, maybe there's a way they can partner, since it's right -- its the next day, itjust makes more sense, I mean, to take those same floats and he able to support, you know, another community. Vice Chair Gort: Get a media -- a radio station involved and they'll get the sponsors. Commissioner Spence -Jones: Okay. Chair Sarnojj: All right. We're in recess 'til 3 -- Todd R. Hannon (City Clerk): Wait, wait. I have a mover and a seconder, but I don't have a vote. Chair Sarnojj: Oh, we didn't take a vote. I apologize. All in favor, please say "aye. " The Commission (Collectively): Aye. Chair Sar Haff • Recess 'til 3 o'clock END OF RESOLUTIONS BOARDS AND COMMITTEES BCA RESOLUTION 13-00037 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, APPOINTING A Clerk CERTAIN INDIVIDUAL ASA MEMBER OF THE MIAMI BAYSIDE FOUNDATION INC., FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: Adam Dunshee 13-00037 Bayside CCMemo.pdf 13-00037 Current Board Members.pdf NOMINATED BY: Chairman Marc David Sarnoff Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo R-13-0044 City ofMiand Page 51 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Chair Sarnoff:` Can the Clerk see if there are any Commissioners around? All right. Commissioner Spence -Jones: Ready? Chair Sar Haff.• We're ready. All right, we're hack on the record. We're going to take up boards, Mr. Clerk. So I know you're pretty good at boards. I'm going to let you handle it. Todd B. Hannon (City Clerk): Good afternoon, Commissioners. BC. 1, Miami Bayside Foundation, Chair Sarnoff will he appointing Adam Dunshee. Chair Sarnaff.• Is there a motion? Commissioner Spence -Jones: So moved. Chair Sarnoff: We have a motion and -- Commissioner Suarez: Second. Chair Sarnoff:` -- we have a second. Any discussion? All in favor then, please say "aye. " The Commission (Collectively): Aye. Chair Sarnaff.• All right. Mr. Hannon: Thankyou. Chair Sarnoff: Thank you. END OF BOARDS AND COMMITTEES BUDGET BIA BUDGET DISCUSSION ITEM 12-01446 Office of Management STATUS (SEC.18-542(b) CITY CODE) and Budget I. 2012-2013 BUDGET II. PROPOSED 2013-2014 BUDGET 12-01446 Summary Form.pdf DISCUSSED Chair Sarnaff: And now we have budget, W. Manager. Dainty Alfonso, you're recognized for the record. Daniel Alfonso: Good afternoon, Commissioners. Danny Alfonso speaking, director of Management & Budget. To update on the fiscal year '12 ending, we're still working with Finance Department and our inter -- the auditors on the audit. The last report that we had on the boobs was that there was a surplus of $45 million, with about $8 million that would be adjusted out, netting 37 million. That's still on track. Were still looking at that numher and it's a good number at 37 million, so nothing really has changed. If anything comes up, we'll update you, and the CAFR (Comprehensive Annual Financial Report) process continues. For fiscal year '12-'13, which we are operating on right now, the first quarter of revenue is pretty much as City of Miand Page 52 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 expected, with the exception of property taxes. The property taxes did not come in as -- in the same rate as they did last year. We spoke to the property tax collector at the County, and they explained that a large portion of tax payments came from mortgage processors late in the month of December and they did not have the time to allocate and distribute those, funds out. So we should see in the month of January a lot of that revenue coming to the City. If in the month of January, once we do that report, we don't see it, then we'll also address that with you. Some of the revenues that are interesting, Planning & Zoning still continues to beat expectation. Building continues to heat expectation in revenue. And also, the red-light camera is ahead of *the budget, even though we had increased that one as well. We noticed also that some of the revenues, like utility -- storm water utility money, the first quarter payment did not come in. We checked with Finance. It actually came in in January. Normally, that payment would have been in December. So, again, it was slightly delayed. It doesn't show, in this report, but it did come in. So in the next report, that storm water utility payment will be shown in there. On the expenditures side, if you look at the reports that we submitted to you guys -- to all of you last night, very late -- and I do apologize fnr that -- we should be around 25 percent because were a quarter o f the way through the year. And if you look at the expenditures for all the departments, they pretty much are all on target to meet that goal of the, first quarter of the year. There's -- in terms of the departments that use overtime, like Police and Fire, they are running ahead of the budget than one would anticipate. However, we expect that there will be offsets in salary for those, so it prohahly will he okay hefore the year closes for those departments. The one -- the few concerns that we have on expenditures at this time are in two areas primarily. One is worker's compensation. We've noticed that the expenditures to date are running ahead of last year. We're analyzing that to try to understand exactly what is going on. It may he related to the, fact that we are charging that differently and we need to do some journal entries back to departments for some of those expenditures. But we're monitoring that and if it becomes an issue, we'll keep you updated on that. As we stated hefore, in the pension payment, we have an issue that we're working with our Legal and Human Resources and others to go through the issue of the dispute that we have with the FIPO (Firefighters Police Officers) pension board as to the payment, what is the Cii)�'s required actuarial contribution. Also, one thing that we discussed in the approval of the contracts but we haven't really touched on since, it is the estimates that we had made for what our required contribution would have been based -- the changes -- based on the changes in pension have come in somewhat different f oin what we anticipated, so there's probably going to bean impact of that. But I'm having an analysis done on that fully, and we'll provide you with a detailed breakdown of that as well, which is all pension related. Commissioner Suarez: Mr. Chair, ifl may. Chair Sarnoff: You're recognized. Commissioner Suarez: Thankyou. I just want to kind ofgive a little bit of more clarity on those two issues. What are we talking about, price tag wise -- range. I know that obviously it's impossible to -- Mice Chair Gort: Yeah. Commissioner Suarez: -- it's not an exact amount, but -- Mr. Alfonso: Right. Commissioner Suarez: -- can you give us a range? Hr. Alfonso: Well, we know that in the pension area, what we've been saying, it could be as much as $10 million. That is the magnitude of the number that we -- Commissioner Suarez: Of the discrepancy. City ofMiand Page 53 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Mr. Alfonso: Right. Now that's if *we lose all of our arguments, et cetera. So, you know, if we're half right, could he less. Commissioner Suarez: And in the other one in terms of' -- Mr. Alfonso: The worker's comp is a new number. The -- we have an issue with a settlement that, you know -- Commissioner Suarez: I didn't mean worker's comp. What I meant was -- 'cause I think you said the second part was our calculation of the -- Mr. Alfonso: Yes. Commissioner Suarez: -- savings from -- Mr. Alfonso: Yes. Commissioner Suarez: -- our pension negotiations. Mr. Alfonso: Yes. Commissioner Suarez: What's --? Mr. Alfonso: Okay. The actuaries, when we were doing our negotiations, gave us an estimate of* what they think the changes are going to come up with. Commissioner Suarez: Right. Mr. Alfonso: And then once we got the contracts all agreed to and everything, they go back and they redo their actuarial report and give us -- Commissioner Suarez: Right. Mr. Alfonso: -- okay, this is the required actual contribution or whatever- -- actuarial contribution. The number that we're looking at in there --but again, it's part of my 10 million overall -- is probably about $2 million, is what I'm thinking. But again, I'll have a report for you exactly breaking down what is for each of the two different components, andl'll break that down for you for the next meeting. Commissioner Suarez: Thankyou. Mr. Alfonso: Okay. Again, the worker's comp is running a little bit ahead of expectation, but we're going to break that down as well. We think that that's just -- could be part of *an internal transfer that needs to happen. The other thing that we have a concern about that could put pressure on the budget later on this year is the Community Development to the extent that the federal government does not approve the same level of CD (Community Development) as there was in the budget last year. We could be being requested to provide more public services support out of the general find. Other than that, I think most departments are coming in as expected. Chair Sarnoff: Anyone else? Any discussion, conversation? Trce Chair Gort• One of the reasons -- Thankyou, Mr. Chairman. -- we requested this monthly report is to see any variation from the budget itself and try to stop it and -- so this overtime that is taking place, is any particular reason why or --? City ofMiand Page 54 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Mr. Alfonso: Well, we suspect, particularly in the case of the police department, part of it is the staffing issues that are causing some of the overtime, as they were in the past. Now they also -- when 1 say they, the police department also has overtime that they get contracted to them. So to the extent that, you know, what is it, the FBI (Federal Bureau of Investigations) -- you know, some of those external agencies contract them with overtime. Mice Chair Gort: So the overtime maybe take place, but we'll get reimbursed for it? Mr. Alfonso: Yes. That is correct. T'ice Chair Gort: Is that what you're saying? Okay. Mr. Alfonso: Some of them, they get reimhursed for. But the interesting part about that is that if the revenue comes in, yes, it o flet the expense, but the expense was not an allocation, so we may need to come back and increase the allocation to take that revenue into account. T'ice Chair Gort: No, I understand. As long as we can balance it, okay. Mr. Alfonso: Right. Chair Sarna.f: Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. Yeah, the other thing -- I agree with Commissioner Gort. The other reason why we legislated to do a monthly briefing to the Commission is so that we can track changes in our budget on a month-to-month basis so that there are no surprises. Ohviously, lastyear there was a tremendous surprise in the last month of the fiscal year. My question is, based on our first quarter and based on the first three months, do you anticipate there being a projected surplus this year? And if so, what, more or less, is the range? I understand that it's a free flowing number. Mr. Alfonso: Right. As of right now, Commissioner, we have not allocated any of *our 16 plus million dollar reserve. So if everything comes in as budgeted, if we resolve the issue with FIPO to our satisfaction and revenues offset some of the over expenditures, yes, we should be looking at a $16 million surplus. Commissioner Suarez: Got you. I just wanted to clarify that. Chair Sarnoff: Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. I think my line -- my question was going to be more in line with the CAFR, but I think that is more appropriately for the CFO (Chief Financial Officer), and I could do that during my discussion item, which I have it there, so I'll wait 'til then. Chair Sarna.f: Anyone else? Thankyou, Danny. Mr. Alfonso: You're welcome, gentlemen. Mice Chair Gort: Thank you. Chair Sarna.f: I'm sorry. Did 1 miss you, Commissioner? Mr. Alfonso: Commissioners. Sir? City ofMiand Page 55 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Chair Sarnoff: Oh, you're okay. Vice Chair Gort: Yeah. Chair Sarnaff Okay. Thankyou, Danny. Mr. Alfonso: Thankyou all. END OF BUDGET DISCUSSION ITEMS DIA DISCUSSION ITEM 12-01432 Department of QUARTERLY UPDATES OF NON -REIMBURSABLE GRANT EXPENDITURES Finance FOR 1ST QUARTER ENDING DECEMBER 31, 2012. 12-01432 Summary Form.pdf DISCUSSED Chair Sarnoff: All right. We have DL 1, quarterly non -reimbursable grant update. There you go. Madam CFO (Chief Financial Officer), you're recognized fbr the record. Commissioner Carollo: Should be none. Janice Larned: Mr. Chair, City Commission, Janice Larned, Assistant City Manager/Chief Financial Officer. This is a quarterly report that we're required to provide in accordance with the financial integrity principles. And we have no non -reimbursable graiit expenditures to report at this time. Chair Sarnoff: Anybody have any questions? All right. Commissioner Carollo: That's what we want to hear. Chair Sarnaff: Good report. D1.2 DISCUSSION ITEM 12-01438 Department of Police (1) UPDATED REPORT ON THE INDIVIDUALS ARRESTED FOR SHOOTINGS IN THE CITY TO INCLUDE FIVE ADDITIONAL INDIVIDUALS TO BE ADDED TO THE PREVIOUS LIST, INCLUDING AT LEAST TWO TO THREE THAT HAVE BEEN CHARGED WITH MURDER; AND (2) REPORT ON PROGRAMS AVAILABLE TO REHABILITATE OFFENDERS UNDER THE AGE OF 18. 12-01438 Summary Form.pdf 12-01438 Memo - City Commission Directive.pdf City nfMiam,i Page 56 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 DISCUSSED Direction by Chair Sarnoff to the Administration for the Police Chief to provide the City Commission with an updated report on the individuals arrested for shootings in the City of Miami five days prior to the March 28, 2013 Commission Meeting for their review in preparation for discussion at said meeting. Chair Sar Haff • DI. 1.2 -- I'm sorry, DI (Discussion) -- Flow do you pronounce that? D1. 2. Commissioner Suarez: Chief. Manuel Orosa (Chief ofPolice): Status of hiring. We just hired another 18. They are going through their month-long orientation process. We expect them to be in the FTO (Field Training Officer) program come mid-January. And we have another six in the pipeline that we're going to be hiring, but those have to go through a police academy. So in March, they're going to he -- Commissioner Carollo: That's the wrong item. Chief Orosa: Police hiring. Commissioner Carollo: No, this is regarding the arrests. Chair Sarnoff: Yeah. This is your arrest issue. Vice Chair Gort: DJ. I. Chief Orosa: Oh, I'm sorry. My apologies. Chair Sarnoff: That's all right. I didn't mind it, though, 'cause I was starting to -- Chief Orosa: All right. Chair Sarnoff. But we'll get to that. Chief Orosa: Yeah. We provided the Commission with a report. Do you have the report? Chair Sarnoff: I saw a report from you, had to be two or three weeks ago. Is there a more updated report? Chief Orosa: No. I don't believe so. We provided a report on the update of those six individuals that we had on the list. And then Commissioner Spence -Jones wanted a separate report on the programs that are used by the court system to provide the necessary assistance for the juvenile offenders that are put through the program so that they don't become repeat offenders. And 1 really don't know where the Commissioner was going with it other than trying to see if those programs work. And the -- what you wanted, the report, we submitted the report and we will be updating it every Commission meeting as it comes. The one you have now is the updated version. Chair Sarnoff: Okay. What 1'd like to do is track these six in -- I thought you picked a pretty good random sample of six, and we're not going to be able to discuss more than six folks. I'd like you to come back -- I don't think you need to come back every Commission 'cause we all know court cases take some time. If .vou could update that for us like, I would say, five days hefore the next Commission meeting in 60 days f om now so we can at least see what's progressed, how they've progressed; so that we could start tracking this issue. Chief Orosa: Yes, sir. City of Miami Page 57 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Chair Sarnoff: All right. Chief Orosa: l will -- Chair Sarnoff: And I know Commissioner Spence -Jones is up here, so let her address the issue with -- I thinkyou said how you deal with juvenile offenders. Chief Orosa: Yes, the programs that you wanted to get, we submitted that information and now we need direction as to -- Commissioner Spence -Jones: Right. I think that based upon the meeting we had actually --first, I want to thank you and your team for coming to Liberty City and participating in the Stand Up Against Violence. So as I mentioned earlier, we're going to he rolling out a few things. One is the commercial campaign to kind of highlight, you know, giving kids alternatives to that lifestyle. Chief Orosa: Right. Commissioner Spence -Jones: And then you and I are also working on doing a chylvide school campaign to go into schools and also do rallies around peace. But I know that you and I have to also look at the LETF (Law Enforcement Trust Fund) funds to see -- I'massuming you said you presented that to Neil or someone in our office already, the breakdown of that already. Chief Orosa: No. I haven't received that breakdown. I will present it to you as soon as I have it, hopefully by next week. The monies were sent, butt don't know in which category they fell into. Commissioner Spence -Jones: Right. Chief Orosa: So I'll get that information to you. Commissioner Spence -Jones: Right, 'cause I know you didn't want me to start identifying programs and doing -- we didn't want to start doing that until we knew exactly what we had because we don't want to build expectations and i-ve're not able to -- Chief Orosa: But I think that what we're talking about is -- remember that you wanted a list of programs the court provides children that had been involved in crimes so that they can apply them to those programs. We submitted that list. Commissioner Spence -Jones: Okay. Chief Orosa: All we need is direction from -- Commissioner Spence -Jones: Okay, no problem. Chief Orosa: -- you as to -- Commissioner Spence -Jones: I'll get with Neil and I'll -- we'll let you know. Chief Orosa: Okay. All right, Commissioner. Chair Sarnoff All right. Anybody have any other questions for the Chief with regard to tracking these folks or anything like that? Thank you, Chief. DU DISCUSSION ITEM 13-00033 City ofMiand Page 58 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 City Manager's Office DISCUSSION REGARDING THE CITY OF MIAMI'S PROPOSED STATE LEGISLATIVE PRIORITIES IN ANTICIPATION OF THE 2013 FLORIDA LEGISLATIVE SESSION. 13-00033 Summary Form.pdf 13-00033 2013 State Legislative Priorities.pdf 13 -00038 -Commissioner Sarnoff-Legislative Prorities.pdf 13 -00038 -Submittal -City of Miami 2013 Legislative Prorities.pdf DISCUSSED Chair Sarnoff: D1.3. Kirk Menendez: Good afternoon. Kirk Menendez, Off ce of the City Manager. I sense as intergovernmental affairs liaison. You are receiving an updated version of the City's proposed 2013 state legislative priorities. As you are well aware, I'm sure that on March 5 -- Tuesday, March 5, 2013, the Florida legislative session commences. In our package, which is before you for discussion today, there are a series of issues and items that have been brought to my attention through various departments, district offices, Manager's office, and agencies of the City. And if you allow me, I'd like to go briefly through a fiery of them and willing to answer any questions and have a healthy discussion. The first item which is before you has to do with the Florida Department of Transportation's efforts to gain control over state roads, in particular, make changes to Florida law whereby FDOT (Florida Department of Transportation) would have complete authority for the installation ofparking meters along state roads. This -- and not only that, it would also require a 50 percent split between the municipalities and the state. Because of the City's significant state roads and the number of parking meters we have there, it would be a significant hit to the City, as well as, obviously, cities throughout the state of Florida. It's one issue that was brought before us by the Miami Parking Authority, and the Office of the City Manager wishes that it be included in our package. National foreclosure settlement funds. Due to unacceptable mortgage and foreclosure practices by five of the largest mortgage companies in the United States, there was a class action lawsuit involving the state attorneys of many states. There was a settlement. The state of Florida is going to receive $8.4 billion. Three hundred million dollars of those 8.4 billion have been earmarked for• assistance -- housing aid assistance in the state of Florida. It's in the Legislature's hands right now. There's an effort, and we will be part of that effort to ask the Legislature to make sure that those funds are properly applied for the purpose for which thev were agreed to or were received. And it's believed that if the funds are put in the State Housing Initiative Program, the SHIP program, the framework, the infrastructure is in place whereby the money could properly be used to help those individuals and families that would like to purchase properties. Florida Building Code, there's an issue. Recently there was a change to the Florida Building Code. It's multilevel. The impact on the development properties, especially along the coastal properties, could be a huge hit. The intentions are good, but the application, perhaps, should be revisited because of its impact in these difficult economic times. For example, one is a requirement that the first floor of a property he elevated eight feet above the ground level, which, as we all know, in mixed use properties, have restaurants/shops. And if you walk along the sidewalk and you can't see the restaurant or the shops from the sidewalk, those businesses struggle and it makes it more difficult for companies, for businesses to thrive, and for businesses to appropriately and effectively develop properties. Also, there is a requirement now that there be three stairwells in certain high-rise buildings and midrise buildings. Not only three stairwells, but they have to be of a certain distance, which basically eats into the core of certain properties, which makes the usable space limited. We've met with firms, local firms that are concerned about this. We plan to. join other firms and other cities and the Florida League of Cities to see if this is something that could be revisited. These are actions that were taken by the Florida Legislature and it should have been taken by the Florida Building Commission and it wasn't. So our focus is to see if the Florida Legislature is willing to step back and allow the item to go to the Florida Building Commission to he revisited and perhaps tweaked City ofAtiand Page 59 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 so that we can find the perfect balance between obvious safety and the ability for our economy to grow. Chair Sarna.f: Hang on one second. Commissioner God. T'ice Chair Gort: This is nota FEMA (Federal Emergency Management Agency) requirement? Mr. Menendez: The elevation -- Vice Chair Gort: Yes. Mr. Menendez: -- was from FEMA, but it's my understanding that there's -- adjustments can be made. What was informed, New York hasn't adopted these --fir example, the state of New York has not adopted these requirements or these changes to their code. Chair Sarnaff: Kirk you might want to let the Building Of - Mr. Menendez: Oh, I'm sorry. Chair Sarnoff: -- 'cause I think he's going to give us a little more accurate -- Mariana Fernandez (Building Of As much as you need, Commissioner. Mr. Chairman. Chair Sarnoff.- And the question Commissioner Gort asked, are these FEMA requirements? Mr. Fernandez: No. The FEMA requirements were established by the federal government. This is in addition to the FEMA and thev're more restricted. They require one mare font in addition to the FEMA requirement. Vice Chair Gort: Okay. Thank you. Mr. Menendez: The next item that we have in the package is gun safety. Commissioner Spence -Jones, you graciously brought this to the attention of the Commission and the City, public at large. Since you did so, there have been a series of incidents -- tragic incidents throughout the country, and I presented this matter and many matters in this package to the Miami Dade Delegation -- the Dade Delegation a few weeks ago. And we'll work closely with them to see f there's an opportunity to hring this to the forefront. When it comes to our -- the safety of our children, you know, there's nothing more important. So we will do our best. As you know, there's a difference of opinion in our country on the issue of guns, but at the end of the day, I think we can all agree that the safety of our children, there's no compromise. So we will do our best on that issue. Commissioner Spence -Jones: Kirk, I just want to add, we did have a meeting yesterdav with the State Representative Stafford's office. I had a meeting a couple of weeks hack-- a couple of months back with Erik Fresen, and he has expressed an interest to also support and push this to the next level. And I know Francis Suarez is not out here now, but I do know that through the Miami -Dade -- Mr. Menendez: League of Cities. Commissioner Spence -Jones: -- League of Cities, that this is something that he was going to bring to them as well. And I just want aur fellow Commissioners -- I know we're all in agreement i-vith it. We know that we've been going hack and, forth on this issue of gun safety. I think the way that we're looking at addressing the issue is addressing it based upon population or urban cities and parks because we will run into this issue of -- as you know, with some of the state City ofMiand Page 60 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 parks where you can hunt and do other things with, you'll probahly have some opposition. But based upon the feedback we're getting that -- in these urban cities, in the urban cores, if we can carve the legislation out in a way, then this won't affect some of the major parks so -- the state based park. So hopefully we should be able to get the support. And I know that Francis is planning on carrying the load to make sure that that happens. Mr. Menendez: The next item has to do with -- came f om the Miami Police Department -- automated fingerprint identification system. The City, along with the County, the State, federal government, have a system in place whereby they can tap into a database where there are fingerprints that they don't necessarily recognize, but perhaps other data systems do. The federal and the state have been -- or are in the process of being updated. The problem is if the municipalities don't update their system, then their system can't communicate with the federal and the state system. So it's of great importance that the police department secure the proper funding to update its fingerprint data system so that it can communicate and they can continue tapping into that wealth of information at the federal and state level. ALF, Assisted Living Facility monitoring and security. If you recall last year because of all the media attention, this was a very important issue in Tallahassee. The State had drafted a bill. The House -- I mean, the Senate had drafted a bill, the House had drafted a bill. Unfortunately, at the end of the day, the House and the Senate couldn't agree -- come into agreement on the proper language. Chairman of *the Dade Delegation, Representative Eddie Gonzalez, assured me at a public meeting that he will again he filing a hill on assisted living facilities, and I communicated the history of the City of Miami interested in this issue and wanted to be -- have a seat at the table to discuss and see if we can make some improvements. The outer- issues are recurring issues: finding for senior services, red-light cameras. Were monitoring legislation that could he before the legislation. Pension reform, there's bills coming up. There's discussions. It's a hot topic. We're monitoring. Were having not only the Office of the City Attorney look at it, but we have other outside parties that are assisting us in terms of reviewing and analyzing everything that comes befbre the legislative session with regards to pension. Claims bill -- Colindres claims bill from an incident --a lawsuit that took place many years ago. We were --it was, filed last year. It didn't go anywhere. It's back again. I'll be working with the Office of the City Attorney on how to handle that matter. The other --the last matter I think that is of vital importance -- and Commissioner Carollo, I know you've been at the forefront of this issue -- has been the Wagner Creek/Seyhold Canal, the -- basically, the most polluted waterway in the state of Florida because of actions that took place over decades. I already started discussions, and we're going to see if we can tap into funding. Funding has already been secured at a certain level through grants, but i-ve're still working at the federal, but the federal's paralyzed because of congressional lack of activity. And we're going to be hack at the state level to see if we could tap into some funds to see i(we can combine the grant money, the state, and eventually federal money to at least to start the cleanup project. That ends my presentation. Commissioner Carollo: Mr. Chairman. Chair Sarnoff: You're recognized. Comniissioner Carollo: Thank you, Mr. Chairman. I just have a few things. And I guess, one, it's really regarding the process. I thought that you would -- that Mr. Menendez would be reaching out to my office so we could, you know, meet and discuss, you know, priorities. And yes, even though Wagner Creek is important to me and more than anything, it came through the Miami River Commission, and I am the City's representative there. I can tell you it's the right thing to do, you know. We need to clean that up. And again, it's the right thing to do. But I'm actually disappointed because I expected you to reach out to my office in order for us to discuss some of the items. And in all fairness, even though session technically, no, it hasn't begun yet, committee week has, so were actually late. And most of the stuff, most of the hard work, most of the big weight is lifted during committee weeks, so we're actually late. So I'm actually disappointed once again. Thank you. City ofMiand Page 61 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Commissioner Spence -Jones: Mr. -- Chair Sarna.f: Go ahead, Commissioner Spence -Jones. Commissioner Spence -Jones: Mr. Chairman, I just -- I have a couple of questions for the Administration. Again, the only item that I know that my office kind of communicated with you is on this gun safety issue, and it was really kind of like a follow-up from what we've been already talking about on the dais. I hope that there's still some opportunities far us to discuss additional things, even though I know Commissioner Carollo just mentioned that some of the subcommittee things have already taken place. But I just want to ask the Manager really fast, I know that we at this point, Kirk is our -- I don't want to say our lobbyist, but is acting as our lobbyist in the Tallahassee area. I would just like to say to Kirk that I think it's important. I know the CRA (Community Redevelopment Agency) -- both CRAB has a lohbyist on board to kind of help them push key issues in those districts, but it would he great to see a better coordination happening With you and those two lobbyists that are rep -- I think they represent -- well, actually, it's the same lobbyists that represents both, Doug Bruce. I drink he -- does he represent Omni as well? And I think -- only reason Tin saying that to you, Kirk, is, you know, Doug is somebody that's been up in Tallahassee for God knows how long. And a lot of the stuff in Tallahassee gets done based on relationships. And I don't know if ,vou guys agree with that, but I just think it's important that there is some sort of synergy that's happening between you guys and him. So there might be things he might be able to be more helpful with you on issues. The second thing that I wanted to ask far the general administration, I know what Kirk is doing on this end, but Pm really concerned about on the federal side of things. To my understanding, in many of -- at least in this last year, in the congresswoman's office, there were a lot of discussion around major initiatives that were going to be coming down the pipeline by the Ohama Administration. And, you know, Tin just curious as to where we are in that process far the federal lobhyists, you know. I know that's not Kirk, okay. Mr. Menendez: I'm still involved. Commissioner Spence -Jones: Okay, I want to make -- okay, but -- but are --? Is there a firm? I mean, I know a process event out. Mr. Menendez: If I may. Commissioner Spence -Jones: Are you the person doing the process? Mr. Menendez: IfI may. Commissioner Spence -Jones: Olt, okay. Johnny Martinez (City Manager): (UNINTELLIGIBLE). Mr. Menendez: Yeah. Commissioner Spence -Jones: All right, because I know there was a -- Was there an RFP (Request for Proposals) process that went out? Mr. Menendez: Yeah. That hasn't been completed. We've identified a committee that's going to review all the applicants -- Commissioner Spence -Jones: Okay. Mr. Menendez: -- I would say, in the next couple of weeks. City of Miand Page 62 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Commissioner Spence -Jones: Okay. Hr. Menendez: And then, you know, the firms will be selected among a pool of applicants. Commissioner Spence -Jones: Okay. Mr. Menendez. That's for the federal lohbyist. With regards to the priorities, I'm in constant discussions with our federal lnhhyists, the firm ofAlcalde & Fay in Washington, on priorities. And early in the fall, maybe late summer, I sent to all the district offices, departments, etcetera, requests from everyone to give me their input on what they think are important federal issues, just like I did on the state issues. So we are in constant work on identifying the proper federal issues since now that Congress is back in session, though thev still are inactive in many ways, we are developing that. And I plan to bring that hack to the Commission once there's a clearer picture of those issues that are -- that the City can get involved with. But if there are other issues -- obviously, gun control is a big issue -- then by all means, communicate to me and I will include it in the discussions. And I'd he more than happy to set up a call with any one of you with our federal lobbyists so maybe we can delve deeper if there is -- Commissioner Spence -Jones: Right. I just want to -- I'mgoing to put a pin in one thing real fast. So we already do have a federal lohhyist that's working along with us. Mr. Menendez: Yes. Commissioner Spence -Jones: But you decided, Mr. Manager, to open up the process to include more? Hr. Menendez: Well, the RFP -- Commissioner Spence -Jones: Or to (UNINTELLIGIBLE) -- Mr. Menendez: -- is expiring. Commissioner Spence -Jones: Huh? Mr. Menendez: The prior RFP is expiring, so -- Commissioner Spence -Jones: Right. Hr. Menendez: -- we have to reestablish a brand-new RFP. Commissioner Spence -Jones: Okay, so -- Mr. Menendez: Meanwhile, we have a lohhyist, but we're in the process of *identifying -- Commissioner Spence -Jones: A new one. Mr. Menendez: --a pool of lobbyists because they basically create a pool -- identify a pool of which -- from which the City can tap into. Then once they tap into them, we enter an agreement with them. So it's -- Commissioner Spence -Jones: Okay. Mr. Menendez: I would describe it as a football -- having the active roster. City of Atiand Page 63 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Commissioner Spence -Jones: No, no. I'm clear. I'm clear. I just want to make sure that the process is actually moving. So I understand that because of *the elections and -- Mr. Menendez: Yeah. Commissioner Spence -Jones: -- you know, all of this stuff that was going on, a lot of the department heads were very clear, you know, that everything was at a standstill and nobody was going to be doing anything in Washington until people knew who the president was going to he, so I'm clear on that. I just wanted to be clear on where we were with the process. So it's another 30 days h0bre we select a -- 60 days? Because we'll already be in February/March, which is -- things are heating up in D. C. (District of Columbia) by then. Mr. Menendez: The committee -- I would say, by tomorrow 'cause I'm speaking with the representative from Purchasing -- itself has been identified and will he finalized tomorrow. And I think they're going to schedule a meeting firr the committee to come in and review all the applicants, I would say, within the next two weeks. Commissioner Spence -Jones: Oh, okay. Mr. Menendez: And they'll he -- Commissioner Spence -Jones: So next 30 -- Mr. Menendez: -- scoring -- Commissioner Spence -Jones: -- 60 days, we should have somebodv. Mr. Menendez: Yeah. Within 30 -- I would say within 30 days we should have a final answer on who the lobbyist going forward -- the pool of lobbyists will he going forward. Commissioner Spence -Jones: Okay, no problem. Mr. Menendez: And ifI may on the issue that you mentioned before -- and I agree totally. Last year I was -- I thought we had a very productive relationship with the CRA and their lobbyist because there were a few issues that affected the City and the CRA. And I'm the first one who is fully aware and agree that I'm one who reaches out and I believe in creating a team because we all have certain common interests throughout the state of Florida and I think that's the most effective way to move forward and be most effective. And one last item, with regards to meeting with, you know, the Commissioners. On -- when I sent out the latest list ofpriorities on January 14, in my communication to all the offices, 1 did reach out to let nae know if you would like to briefed on the package, so I -- just for the record. Commissioner Spence -Jones: Yeah. And you actually did come by my office and I did see you -- Mr. Menendez: Yeah. Commissioner Spence -Jones: -- so that did happen. Mr. Menendez: Yeah. Just wanted to put that on the record. Comnaissioner Spence -Jones: No prohlem. Trce Chair Gort• One thing that -- May I? Chair Sarnojj: Sure. City ofMiand Page 64 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Mice Chair Gort: We wrote the attorney general on the -- about the national foreclosure settlements agreement about a year ago, and I think the League of Cities got copy of that, nay suggestion also, not only the CRA, from the lobbyist, from the CRA. But let's work very closely with the League of Cities. Their interest is our- interest, and they can incorporate our issues in their issues. Mr. Menendez: Yeah, absolutely agree. Vice Chair Gort: Both city, Florida and national. Let's use them. Mr. Menendez: Absolutely. They're a great resource. Chair Sarnoff: Mr. Menendez, there's two issues that are not on your radar, although I know you have met with Dan Goldberg and I know he gave you an e-mail (electronic). And I want to bring it to bear again. One of them is not on the e-mail. One of them, this city may not even be aware of -- or City Commissioners may not he aware of There's something that the FAA (Federal Aviation Administration) is proposing -- and this can he done without a public hearing. This could he done without public comment. -- known as the one -engine -out sequence. The one -engine -out sequence means upon takeoff from Miami International Airport, that the plane must he able to then land with one engine. That would require that there he a vector over the City of Miami which would limit heights of buildings between 200 and 250, feet. And this has gone pretty much under the radar for the past three to five months. And so Commissioner Jones [sic] is aware that we are seeking a federal lobbyist as i-vell from the DDA (Downtown Development Authority) standpoint simply because this will change all of downtown. If.vou're going to building a 200 foot building, it will probably not get built, not at what the prices they've sold for. It's a very big deal what I'm talking about. Very few people seem to know about it. The Herald has not written anything about it, not surprisingly, but it's called the one -engine -out sequence. And it does not have to go to rule making. It does not need public comment. And the fact that they're considering it absolutely penalizes these cities, municipalities that have airports very close in proximity to their downtowns. It may work well for Jacksonville when they're about 35, 40 miles away. But when you're in the City ofMiami and Coral Gables is all of a stone's throw away, you'll completely change the downtown Miami. LVhat's ironic about it too is we have sufficient number of buildings already built that are over this 200 feet. So it isn't like it's going to change anything. It isn't like they're going to somehow fly to avoid the buildings already built. So, obviously, I don't think much of it, but it will profoundly change the building envelope for Miami. If 'the downtown now is 41 percent of the City of Miami ad valorem tax base and it could grow to he 52 percent of the City of Miami's tax base, and then from there, 60 percent -- That's a gond thing not a had thing. -- it will profoundly change how we will huild and it will hurt this city in particular. The other issue which has flown under the radar, so to speak, is the new South Florida Building Code. And the building code, as I said before, it's not on your agenda, but I want to put it on the record, was a modification that was, I think, an overreaction to September 11. And what it requires is a building to partially survive a head-on collision by a plane. Now that's nice to think a building is going to survive that, but it just isn't. And Las Vegas, Chicago, California, New York City, rejected these changes, but not the state of Florida. They accepted these changes. Now here's what it does. Afire snfely -- a fire service elevator that is hardened against September 11, 2012 is now, requiredfor buildings over -- sounds pretty high -- 120 feet, connected to a newly required 200 -square foot fire lobby and an 8 foot corridor, which also must he connected to staircases. Now, if you just think of what that takes up of your building envelope -- a couple of *the attorneys are over there sort of understanding this 'cause they prohably have put enough presentations on by architects -- you are -- what's going to happen is if this code stays as it is written right now and as the law is, builders are not -- there's been no new building built -- no, let me say it right. There's been no new building planned since March 2011 -- Tm sorry, 2012, I apologize, March 2012. And that means that nobody really wants to design a building that you're not going to get any kind of City ofMiand Page 65 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 rentable space, any kind of buildable space out of: And this is a building killer that veryfew people can overcome. Almost a Genting could overcome it because they have so much land. Maybe a New World Center can overcome it 'cause they have so much land. But think about some of our premiere buildings, George Perez, Tibor Hollo. And I m not trying to pick -- Pin just trying to pick out guys that do the single, individual, pretty glory buildings. They won't build these buildings anymore because they can't. And if New York City didn't employ this strategy, why would we? If Las Vegas didn't employ this strategv, why would we? And I know -- I think you said something. It didn't go to the building council? Mr. Menendez: Right. It didn't go to the building -- Chair Sarnoff: It's imperative that somebody -- this is a big deal. Because I know it doesn't seem really apparent; you know, gun control's more sexy and, you know, it's right there. It's right in f ont of you. But if we don't build the tax base of Miami and if we let the building envelope shrink to 200 feet, this is going to he a veru different city. And the ludicrousness of this is if New York City rejects it and if these vectors are created fir one engine out, you're going to have a very low-rise city -- a couple tall buildings, 'cause they've already been built, and then a very low-rise city. And it'll take years for people to believe that those buildings can't be built because they'll always continuously try to change the law. They'll come hack; next year, let's change the law. Until you get a man's expectations down, nothing will he built. And I'm telling you, I don't care if you're -- I don't care how long you're going to sit on this Commission, if these two laws stay on the books, nothing will be built in the City of Miami that has been designed and permitted; right, Mr. Director of -- Mr. Building Director? -- nothing that has not been permitted before March 2012 will be built 'cause nobody's designing a building to do this 'cause it is cost prohibitive. So I -- I'm going to make your -- Dan Goldberg's January 23, 2013 e-mail to you, to Kirk Menendez, at 4: 46 p.m., a part of the record. I'm going to ask you to do everything you can do to make sure that you put together a consortium ofpeople. I would certainly hope the AIA (American Institute of Architects), the -- help me with that, Francisco -- architects -- what is it? AIA he made very aware of this, that everybody lobby on this on our behalf with this. Other cities are going to be affected as well, and that these envelopes are just not sustainable for this city and not sustainable for other cities. So I'll make this a part of the record. I'll give it to the Clerk at the end. Commissioner Spence -Jones: Mr. Chairman, when is -- has the DDA brought the person on board yet? Chair Sarnoff: I think -- Commissioner Spence -Jones: Oh, you're talking -- Chair Sar Haff • I was almost going to comment to you. You know, the President of the United States is not a lobby friendly kind ofguy. Commissioner Spence -Jones: Okay. Chair Sarnaff: He doesn't believe in lobbyists, probably the first president of the United States not to. So it's hard to find out who is that person, who's that entity to do this. We have some ideas. We have the old, traditional ones that we've used in the past. But I've asked them to relook at it one more time. And I -- what I was going to suggest to you is I will make sure that all our research gets provided to you -- Commissioner Spence -Jones: Okay. Chair Sarnoff: -- 'cause everybody should know what we find out. City ofAtiand Page 66 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Commissioner Spence -Jones: Okay. Vice Chair Gort: I think this will he veru important to bring to the League of Cities -- Florida League of Cities. All the cities around the coast is going to heaffected, and especially here in South Florida, where a lot of the boom is taking place. Mr. Martinez: It's two separate things. There's the coastal rise in elevation; that's one issue. And then there's the other issue -- Vice Chair Gort: No, both. Mr. Martinez: -- of the glide slope. Vice Chair Gort: They're both going to he affected. Mr. Martinez: Yeah, but -- Vice Chair Gort: So you really need to bring this to the League of Cities. Chair Sarnoff: South Florida building code has two separate major issues. One, the South Florida building code will not he Miami 21 friendly 'cause you can't start undergrounding your parking, and your parking pedestal's going to get higher. Two, the other issue is, they're not going to design a building because you're not going to he able to build a building envelope to satisfy, somebody to buy because you have to put so much hack -of -the -house -- what's the word, guys -- the hack -of -the -house stuff that nobodv reallv cares about that they're going to say, remember that $250, 000 condo you were going to huy ? It's now 350. That's like, well, wait a minute. It looks just like the one over here for 250. But this one, this one will survive a Cessna 135 going directly into it. Probably won't make the 727, and the 747 will take it out complete. Mr. Martinez: Yeah. The other thing is, if one of these passes, the other one you don't have to worry about because you can't build anything anyway. Chair Sarnoff: Right. And then -- right. The last one is it's not going to get built. And then the other issue is the ane -engine -out vector. Vice Chair Gort: You can call it waste space. Chair Sarnoff: Yeah, exactly. Francisco. Francisco Garcia: Thank you, sir. Francisco Garcia, Planning & Zoning director. And I only wanted to add two, I think, very salient points to your very complete presentation, Commissioner Sarno f And they are these: In the urban core ofMiami, we have established, by zoning and by land use, densities of up to 1,000 units per acre. It is often the case that developers complain that because of lot size restrictions or setback restrictions, they are having to leave density on the table. Densities are aggregated that way precisely because we want to build a sustainable and environmental friendly urban core. These two measures would certainly prevent us from achieving those goals in addition to whatever other obstacles already exist, number one. Number two, in terms of the flight vectors, the City of Miami is disproportionately affected because it happens to be the only municipality between the airport and the hay. By the time the planes fly over Miami Beach, they're already too far up, so Miami Beach is not affected. Miami, because the way the flight paths are actually arranged -- they fly either directly over downtown or directly over Coconut Grove -- would be singularly affected, and that is why it is important that we act on these. Thank you. Chair Sarnoff: And the Grove would be more than glad to give its transfer flight -- what are City ofMiami Page 67 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 they, TDRs (Transfer of Development Rights) -- we'll give our transfer flight vectors to the downtown. We promise not to grow -- to fly high in the Grove --or huild high, but the downtown is exactly where you should be building and packing your density. I think it was hest described to me, 4you don't avant to kill the bunnies out in the Everglades, you're going to have to pack the people downtown. And every green issue suggests -- and I know this President is green -- ifyou put people in a high-density type environment, you provide them mass transit, you take them out of the car wherever and whenever you can, and you provide them as much -- they're also -- f om a policing standpoint, it's a lot easier and a lot safer. Mr. Garcia: Thankyou, sir. Chair Sarnoff: Okay. Mice Chair Gort: They can use the bicycles, too. Chair Sarna. f: Exactly, the bikes. Look at the bikes. The Deco Bikes will work so much better. T'ice Chair Gort: It's true. Chair Sarnoff: Okay. That's DL3. DIA DISCUSSION ITEM 13-00038 City Commission DISCUSSION REGARDING THE RETENTION OF AN OUTSIDE ATTORNEY TO ADVISE THE CITY COMMISSION ON LEGAL MATTERS IN CONNECTION WITH THE LAWSUIT STYLED MICHELLE SPENCE-JONES V. STATE ATTORNEY KATHERINE FERNANDEZ RUNDLE, ET. AL. 13-00038 Retention of Outside Attorney - Legal Matters.pdf 13 -00038 -Submittal -Ana Maria Pando, Esq..pdf 13 -00038 -Submittal -Commissioner Suarez-E-mail.pdf 13 -00038 -Submittal -Commissioner Suarez -Attorney Resumes.pdf 13 -00038 -Submittal -Commissioner Sarnoff-Berger Singerman Attorneys.pdf 13 -00038 -Submittal -Letter -John C. Dellagloria, P.A..pdf DISCUSSED (DIA) RESOLUTION 13-00038a City Commission A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE RETENTION OF THE LAW FIRM OF BERGER SINGERMAN LLP TO ADVISE THE MIAMI CITY COMMISSION ON LEGAL MATTERS IN CONNECTION WITH THE LAWSUIT STYLED MICHELLE SPENCE-JONES V. STATE ATTORNEY KATHERINE FERNANDEZ RUNDLE, ET. AL; FURTHER STIPULATING THAT ANY CONFLICT OF WAIVER MATTERS WITH THE LAW FIRM OF BERGER SINGERMAN LLP BE VOTED ON A CASE BY CASE BASIS BY THE CITY COMMISSION; FURTHER DIRECTING THAT A RESOLUTION BE PREPARED FOR THE FEBRUARY 14, 2013 MEETING REGARDING THE RETENTION OF OUTSIDE COUNSEL FOR MAYOR TOMAS REGALADO IN CONNECTION WITH THE SAID LAWSUIT. City ofAtiand Page 68 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sainoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0045 Direction by Chair Sarnoff 'to the Administration to place a discussion item and potential voting item on the Fehruary 14, 2013 Commission Meeting agenda regarding the retention of outside counsel for Mayor Regalado. Direction by Commissioner Carollo to the Administration to work with Berger Singerman to prepare a resolution for the February 14 ,2013 Commission Meeting regarding retention of outside counsel for Mayor Regalado; further directing that Berger Singerman he made aware of agenda deadlines for the February 14, 2013 Commission meeting. Chair Sarnoff: Okay. Let's go to the time certain. The time certain is DI.4. And what I'm. going to do is let Commissioner Suarez speak. Commissioner Suarez: Thank you, Mr. Chair. I have to confess that when we last took up this item, I was a little disappointed that we only had one option at the end of it. And I now understand, after having been entrusted with the responsibility of trving to find options, you know, I have a much more -- have a deeper understanding as to why we, you know, only had one option at that meeting. I just want to de tail a little bit of the effbrts that I've made in the last couple of weeks, and again, apologize to the Commission for not heing able to get them the information that I had compiled and gathered prior to, obviously, the five-day rule and even really to today's meeting. So just want to start by saying that yesterday we received an e-mail (electronic) yesterday afternoon from Mr. Richard Davis from New York. And I think the Chairman already indicated that he has decided not to pursue this opportunity. So I just wanted to clarify that for the record. And over the last two weeks, we have searched fbr attorneys who will he willing to advise the Commission on this matter. We contacted city attorneys, you know, based on the recommendation and request of the -- and kind of the policy, you know, direction that this board had given me. We contacted city attorneys through the Miami -Dade County League of Cities, and I want to thank the League of Cities for their work, Executive Director Richard Cooper. I happen to be a member of the League of Cities. And they really were in daily contact with our office trying to get us as many possible options. We reached -- they reached out to five to six city attorneys in Miami -Dade County. And unfortunately, none of them panned out for a variety of 'different reasons. I also want to thank Darcee Siegel, who's the North Miami Beach city attorney, and she heads the legal committee at the League, and she was also instrumental in trying to find options. We spoke with former County Attornev MauryGreenberg, who had been mentioned, and was very interested, by the way, in representing this Commission. I thought he would have been a great choice. Unfortunately -- and also, Jimmy Morales, who's at his firm -- a couple days ago, they came back to us and said that they had a conflict in their firm, so they were not able to. Spoke to Bob Ginsheig, who was, I think, his predecessor, Maury's predecessor. Again, he was very interested. I thought he would have been an excellent choice. Unfortunately, he also basically disqualified himself, was conflicted out of the representation. Spoke to -- or contacted former judges. Obviously, we have County -- fanner County court judge Anna Marie Panda who came at the last hearing and has maintained her interest in representing the City. Also reached out to former Supreme Court Justice Raoul Cantero, who's at White & Case, have not heard back from him, you know. Obviously, this was a veru tight time schedule, so I -- some of these were just reach outs that I wasn't sure that I would get any sort of a real response because it requires the attorneys to evaluate the case, to do conflict checks with their firms. It's a much more involved process than even I actually thought going into it. So I reached out to him. We reached out to appellate court judge, Rudy Sorondo, and also, circuit court judge, Izzy Reyes. Also, we reached out to former U.S. (United States) City of Miand Page 69 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 attorney, Marco Jimenez, former Florida Bar president, FrankAngones, for guidance really more than anything 'cause he's more of a litigating attorney, not so much a -- and I actually didn't -- wasn't able to hear from him. Most of the attorneys that we approached were conflicted. Thankfully, however, we have three extremely qualified attorneys who are willing to advise this Commission at a reduced rate. I saw that the Chair provided us with a CV (Curriculum Vitae) for a fourth option. So I think, you know -- I swish I could come back to you and say we had eight or nine or ten options, as many options as possihle. Unfortunately, given the time constraints, this is -- these are the options that we have, which are multiple options. So, you know, I'm happy that I was able to follow the Commission's direction and reach out to the specific kinds of attorneys that --.from this community that, you know, the Commission had asked me to reach out to. That was kind of the criteria established by the Commission. I have to say, based on a comment that the Chairman said, there are a lot of entanglements, you know, and much more so than I appreciated at the last Commission meeting, I have to admit. But going forward, we have three good options, and I think a fourth good one that I just saw the Chair posit, which is former county court judge Ana Marie [sicj Pando, who is offering her services at $300 per hour; former circuit court judge `Zzzy" Isidore Reyes, at $350 per hour. He currently is representing -- and this is something that, you know -- I wanted the Commission to know as much as I knew in my discussions with him. He's currently representing The Related Group in the Vzcayans litigation. He claims that, you know, the interests of the City is aligned with the interests of has client. So -- he also has a situation where he may be tied up in trial for two to three weeks, but he was good enough to, you know, go through the process with us and offer his services. We also have former US attorney Marcos Jimenez, who was willing -- I think he bills typically at 8 or $900 an hour, and he was willing to reduce his fee to $450 an hour. He hri&fly represented Ultra in connection with their request for the two weekends. It was very, very brief, according to him, but I just wanted you all to know ever,vthing that I knew. Of course, these attorneys have significantly reduced their rates by several hundreds of dollars per hour. And I personally want to express -- andl think Mike also wants to express his gratitude for their willingness to listen and to help the City, obviously, you know, in a matter that is contentious and a matter that is high profile, but it also -- that doesn't always hod& well for an attorney who wants to necessarily represent the City. I also just want to state for the record acrd I was -- I just want to say that I reached out to Joe Santorino from the Miami -Dade Commission on Ethics in regards to the possibility of 'a potential conflict for myself, having filed to run for mayor a couple of weeks ago. And he wrote hack this morning, and I just want to read his response to the record, if it's okay with this Commission. Commissioner Suarez, you have inquired whether you have a voting conflict in an upcoming vote of the Miami City Commission on the hiring of outside counsel to represent Mayor Tomas Regalado, who is a defendant in the pending lawsuit. The lawsuit has been filed by your fellow Commissioner, Michelle Spence -Jones. You have made this inquiry in light of *the fact that you have declared your candidacy for mayor of Miami and will he opposing Mayor Regalado in the upcoming City of Miami mayor election -- mayoral election. Itis my understanding that you have no personal or business interest in this issue. You are not involved in the lawsuit. You will not be voting on whether to retain any law, firm with which you have a personal, family or business interest. The basis for any possible conflict at this stage concerns your status as a political opponent of the Mayor. Under these circumstances, you do not have any of 'the relationships with any of the parties to this vote that would create a prohibited relationship under Section 2-11.1(d) of the Miami -Dade County Conflict oflnterest and Code ofEthics ordinance that would require your recusal, from the vote. There is no indication that you might personally, directly ar indirectly, profit or he enhanced by the decision that is to he made by the Commission. Political adversaries or adversary-ness by itself does not create such a conflict. Therefore, I am advising you that you do not have a legal conflict pursuant to the Miami -Dade Conflict oflnterest ordinance that would require your recusal from this matter. However, the code provides only a minimumstandard of ethics. Any consideration of whether you would he able to be fair and objective in making this decision or the consideration of any appearance of impropriety arising out of your involvement in this issue rests solely in your judgment and discretion. If you should have any further questions about this matter, please feel free to call me, Joseph N. Santorino, Executive Director and General Counsel, Miami -Dade County Commission City nfMiand Page 70 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 on Ethics and Public Trust. You know, I obviously, have weighed that -- the consideration. There's clearly not a voting conflict. And fi-ommy perspective, you know, we've had circumstances where supposed conflicts have been raised in difficult political decisions. The last one that I can recall that was of major significance and major -- drew major attention was when we were hearing the case against the police chief, Exposito, and in that case, the police chief had actually filed suit against myself and Commissioner Gort in a official capacity based on statements that we made in the public that the chiefat the time felt were -- would shed light on our objectivity. You know, the court dismissed that case. Actually, we got free, pro hono, representation by the -- a firm of Cole, Scott & Kissane, in our official capacity. And, you know, 1 felt that I could be objective and weigh the evidence in that matter, and I think my time here as a Commissioner has demonstrated that I have the ahilii�y to separate any sort of political considerations from the evidence that I have to weigh. And I weigh -- and I take that responsibility very seriously. I take the role that I have as a Commissioner -- that I was entrusted by the residents of nay district -- very seriously. And this could have a significant economic impact on the City. And so, from nay perspective, I think it's my obligation and my duty to participate in this process and I will do it in an objective and fair manner. Thank you, Mr. Chairman. Chair Sarnoff: Thank you. What I'd like to do islet the Commissioners equally know that I hired my own private attorney. I've sent you a copy of his letter. If,you think need to read it into the record; I will. I have provided a copy to the Clerk. I'd like it to he part of this record. What it essentially says is as -- pursuant to Florida Statute 286.012, it is mandated that I participate in this as there is no conflict of interestfor me. I have reached out to the Florida Bar. Unfortunately, I don't have an answer from them as we sit here because this was too complicated a question for them to answer on the hotline. Having said that and knowing that my lawyer had told me ahout five days ago that there was no conflict, I listened to what you all had to say with regard to the concerns of payment. And I think -- this is a Spanish saying. Ifl get it wrong I apologize, but this is the best Spanish I can speak. It's called (Comments in Spanish), which is, you get what you paid far, or some interpretation of that. Mice Chair Gort: That's correct. Chair Sarnoff: But having said that, I reached out to -- I know there are great lawyers in this town. Those lawyers will come, as Commissioner Suarez says, with some degree of connection and some degree of -- I don't want to use the word baggage -- but they come with some degree of connection. I reached out to what I think is -- and this is a little bit of an advertisement -- the best law firm -- it might be the best law firm in the state of Florida, especially for this issue, Berger Singerman. Mitch Berger is the attorney who represented Al Gore in Bush versus Gore. He went all the way, to the Supreme Court. His credentials I've provided to you. Mr. Berger is a corporate governance expert. To give you some background on Mitch Berger, he was the chief clerk for Alan Sundherg, the chief justice for the Supreme Court of Florida in 1980. He was a member -- and think about this -- of the governing board of the South Florida Water ManagementDistrict, appointed by Governor Lawton Chiles, from 1997 to 2001, where each individual board member was sued personally. He is a Commissioner on the Florida Environmental Commission. He's a member of President -- was a member of President Clinton's transition team from 1992 to 1993. He's a member of the Broward Management Review Commission. He's a member of the Federal Judiciary and Community Liaison Committee. He's a trustee of the Florida Supreme Court Historical Society and member of the Florida Supreme Court's taskforce on management involving complex litigation. He's a member of the Jury Instruction Committee from 2006 to present. Some of the awards he has received: He is named the top ten lawyers in the decade for the South Florida legal community. Berger Singerman was named business of the year in professional services category in South Florida Business Journal 2008. He was the co -lawyer of the year -- that's in the entire United States -- the National Law Journal 2000. He is designated as a top lawyer by the Chambers, best lawyers in America, Martindale -Hubbell Super Lawyers category. And I thought I'd finish by saying he has a City ofMiand Page 71 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 passion for giving. Why do I say that? 'Cause he actually wrote in the Smart Business journal magazine in January 2006 an article on giving. He obviously is the -- if any of you have not seen the movie, it was called Recount, Recount 2008. If vnu saw who played Mitch Berger, I'll leave it to you to lookup that movie. Mitch Berger was the star of the movie, obviously, being Al Gore's attorney. And I krzaw some of you may have different political affiliations, but when I say he is a top-notch lawyer, he really is. The part I'd like to tell you right now, I did listen to what you all had to say with regard to cost, price, et cetera. To my -- I don't want to say to my surprise, 'cause this is not a surprising lawyer. He is a man of extreme integrity. They have agreed to represent the City ofMiami pro hono. And the only thing that they ask is that they presently do a degree of business with the City of Miami representing people here for the City. They simply do not want to he conflicted out of that work. I think it's a very fair statement. I think it's a very fair ask. I don't think we can farad -- that's not to say that there're others out there. I don't think you'll find this level of service, this level of intellect, this level of commitment at a pro bona level. Commissioner Suarez: W. Chair, if I may. Chair Sarnoff: You're recognized. Commissioner Suarez: Thank you. I actually also reached out to that firm in the interim, so I'm glad that you -- and my kind ofpreliminary conversations with them revolved around very similar circumstances to the one that you're describing. I think they would make an excellent choice. I think any lawyer of that caliber who takes on a representation, whether it he pro Bono or for a fee, they take it on with the full understanding that they have ethical obligations to represent us as if they were getting paid the maximum amount of money. So I don't think that the energy level or the effort level or the commitment level will he any less simply because, you know, they're doing it pro honn -- on a pro honn basis. I do want to disclose one thing and it's already a public -- or it will be a public record. But their firm did make a small contribution to my electioneering communications organization. I drink it was a $500 contribution. That's a public -- it becomes public on a quarterly basis, but it hasn't become public yet, and so I wanted to make that clarification. I don't think they do much -- I mean, in the three years that I've been here, I don't recall many times that the firm has been hefore us. I know they came hefore us once recently, so I don't see that as a particular prnhlem, frronamy perspective. Ohviously, I leave it to our colleagues. We have to decide this on a collegial basis, which is one of the difficulties. l think one of the difficulties that we face is, number one, we can't talk to each other outside of this realm. We only meet on a somewhat regular basis. And there are things that are happening on a parallel track that don't go along with our time schedule. So I think we, as a bodv, have been weighing you know, doing something -- doing the right thing for our residents, principally, number one, and then secondly, trying to be conscious of all the parallel processes that are happening at the same time. And I think we've been diligent. I think we've tried our very, very best to accommodate, you know, all the different challenges that i-ve've had. Thank you. I support that, by the way. I support -- I can support that. Chair Sarnoff: Okay, thank you. And Commissioner Gort. Vice Chair Gort: Mr. Chairman, I have -- let me ask a question. Not being an attorney, what do we expect this attorney -- what will he his performance mance on? I mean -- Chair Sarnoff: You know, that's -- Vice Chair Gort: -- what is expected to happen? Where is the City involved? Chair Sar naff • Well, here's what you do is you ordinarily look to the left and we look to Madam City Attorney and we say, What is the legal -- what legally do we have to do here? And Madam City Attorney will ordinarily give us some advice. You know, there are two attorneys up here, City nfMiam,i Page 72 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 candidly. Neither one, I would say, are experts in municipal law, but we certainly are getting better at it as we sit here. So we have ideas, not what the law is, we have an idea of what the law is. Two ofyou sitting up here, I would suspect, are a little more removed than we are and don't even know maybe the idea, the issue that could be confronted with you. Very candidly, we will inevitably or -- and by the way, the Mayor has been served and I know his attorney's in the -- Commissioner Suarez: Audience. Chair Sarnoff: -- audience. Jose Quinones [sic] is there. The Mayor has been served; the clock is now running. They're in fYont of Don Middlebrook, so if you know anything about Judge Middlebrook, he runs a very efficient ship, so this is going to move. And this is where Commissioner Suarez was saying things are going to happen that are no longer within our control. But it's a much bigger issue than simply do we hire or do we suggest Mr. Quinones [sicj will he paid, not paid. There are issues with regard to this City, what if 'the Mayor seeks indemnifica -- There's a lot of 'ifs, and I don't even want to get to the its. But there's paragraph 23 that there's an allegation that the Mayor was acting in the course and scope of his employment and then as an agent on behalf of the City of Miami. Someone needs to tell us what does that mean. What are the implications of that? What if the Mayor --? By the way, if the Mayor wins, there may be attorney's -- there may, be reverse attorney's fees. There's going to he attorney's fees at issue in this case because almost every count has an attorney's fee award for the prevailing party. So -- and I don't even want to go too far with that because, like I said, I have ideas what the issues are. You may have those same ideas what those issues are, but instead of me sort ofgetting in trouble with you guys and not being an expert on it -- and Commissioner Suarez is not an expert on it, but I -- he's a smart lawyer. And let me just say this, anybody look -- no, just kidding. He's a very smart lawyer. But you need -- we need a corporate governance person, a person that's going to say -- just like Madam City Attorney up there -- Commissioner, what's the issue you're bringing up. And he's going to sit there and tell us the answer. He's going to give us what we're authorized to do. Whether we do it or not is up to us. So the policy -- Mice Chair Gort: That was my -- Chair Sarnoff: -- decision is ours. Ince Chair Gort: My question is, it's not only the question about hiring the -- there's going to be other questions that going to be coming up that we're going to have their opinions. Okay. Chair Sarnoff: Sure. The Mayor's going to provide -- there --just to throw things out there, the Mayor's going to provide a hudget to us; that okay? Commissioner Spence -Jones is going to vote on a budget; that okay? I mean, there are issues of corporate governance that we need to have somebody tell us what to do. Commissioner Suarez: Mr. Chair. Vice Chair Gort: Okay, thank you. Commissioner Suarez: Can I take a stab at just defining the scope of the representation? Because in the course of my discussions with all the different lawyers, I think that was the subject that came up. And I think the -- I think it was actually Murray Greenberg who basically described it best when he said that the attorney that we hire would essentially be taking the place of the City Attorney, so giving us all of the advice that the City Attorney would have otherwise been giving us had she been available to give us advice. And that, I think, is broad enough to encompass all of the different issues that you're referring to. Chair Sarnoff: You know, as much -- to use the analogy that we're a ship and we're a ship that's City ofMiand Page 73 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 set sail. On this issue, were a ship that has great propulsion and no rudder. There's no legal rudder in the water right now. There's no one telling us what we are authorized to do. And by the way, whether we accept that authorization and say, Madam City Attorney, we appreciate your legal advice, but we're not going to take it. Principals are allowed to do that. We're allowed to say, you know what, I don't care -- I'm not going to follow that situation. Now, we don't do that very often up here. But they're going to tell us what the law is or what their best reasoning of the law is. We're going to use our common sense, and then we're going to make decisions. But I think it's time we make a decision today. Commissioner Suarez: Yeah. Pin comfortable with that decision. I don't know how the other Commissioners feel. Chair Sarnoff: Would you make a motion? Commissioner Suarez: Sure. Chair Sar naff • Go ahead. Commissioner Suarez: I move to approve -- I don't know fyou want me to say his name or the firm. Would it he him and --? Chair Sarnaff: Why don't we say Berger Singerman. Commissioner Suarez: Berger Singerman. Chair Sarnoff: And I think we need to put something in it to make them feel comfortahle that to the extent there's any conflict waivers, that we would consider each conflict waiver on a case-by-case basis. Commissioner Suarez: That's fine. Chair Sarnoff: Okay. So there's a motion. Is there a second? Vice Chair Gort: I'll second far discussion. Chair Sarnoff: All right, second. And Commissioner Gort's recognized. Mice Chair Gort: This is getting more complicated every day. So my, understanding is, if *we approve this law firm, every time we will need it, they will have someone here to represent them pro Bono. Chair Sarnoff: Correct. The -- obviously, an issue that's going to come to us reasonably -- an opinion letter's going to come to us on what the implications are. I would think that we'll sit -- the next Commission meeting, I hope -- I hope we get that soon. And they're going to say, here are the issues I see. And then I would suspect Mr. Quinon is going to ask fbr payment, as he has done in the past. And he is welcome to come up to the dais and suggest what he wants to say. And we're going to make a decision. Obviously, you don't want to abuse pro bono privileges too much and say you need to beat each Commission meeting, but we need to --if there's an issue confronting us that we know is coming up with regard to this lawsuit, we'll have him here. But we shouldn't have him here at every Commission meeting. Vice Chair Gort: No, I understand that. But to be on the agenda -- any issue that will be coming up will be in, front of us before when we get the agenda. Commissioner Suarez: Presumably, yeah. City of Atiand Page 74 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Chair Sarnoff: Yeah, I think I understood that. He certainly -- prohahly will he here or his designee will he here at the next Commission meeting because I got to believe we're going to make some decisions by then. Commissioner Suarez: I would sincerely hope so. Chair Sarnoff: Right, 'cause they're in federal court, and I don't think they can wait much longer. Ince Chair Gort• Okay. Chair Sarnoff: But I think the answer to your question, Commissioner Gort, is yes, he will he here; probahly give us a written document to help govern some of what we do. And where we go from there, prohahly depending upon some decisions we make up here. Commissioner Suarez: Sure. Chair Sarnoff: You're recognized for the record, Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. And again, I appreciate the work that both afyou have done -- Commissioner Suarez: Thankyou. Commissioner Carollo: -- reaching out to various attorneys and doing some due diligence or doing the due diligence. There -- I mean, there's no question about it. I think it's obvious Mr. Berger is a very good attorney. I will admit, though, Pin not crazy about the, fact that he did donate to your ECO (Electioneering Communications Organization), not because -- Commissioner Suarez: No, I understand. Commissioner Carollo: -- of the support but just perception or someone out there will speculate, whoa, whoa, whoa, whoat, you know. And, you know, make that -- but hearing my colleagues, knowing that it is a very good attorney, he's willing to do it pro bona, you know, I think I would agree with you all and have to vote in favor of this. The one thing that I know we have to do is move forward. I think we need to move forward. I don't think we could wait with this anymore. And, you know, how can you argue a very, very good attorney that would, you know, actually represent us pro hono7 Commissioner Suarez: Mr. Chair, if I may. Chair Sarnoff: You're recognized. Commissioner Suarez: You know, now that I think about it, based on your concern, I think one of the things that I can do is just return the check. And so that's what 171 do. 171 return the check to the firm. I think it's a valid concern. And actually, you know, I was kind of pre -disclosing it 'cause it is something that is disclosed and it's disclosed -- it wouldn't he disclosed, I guess, until sometime before the tenth day of the end of *the first quarter of this year, but I wanted to, you know, disclose it now. But think given, you know, the fact that they're going to he representing us, I think the prudent thing for me to do is to return that check. So -- ifI hadn't deposited it, you know, befbre, I would have gone ahead and, you know, returned it. But I think 1'11 just issue a check back to the firm. Thank you. Chair Sarnoff: And let's he clear. These guys are doing it -- Berger Singerman is doing this on City ofMiand Page 75 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 a very limited basis. They're -- the big thing is going to he the letter, the instruction. I would hope they'd come here and present it to its. We could ask all the questions we need at that time and maybe they have to come backone more time ifan issue arises. So it is a limited basis. Mr. Quinon, do you want to address us, 'cause I know there's going to be a time issue but -- Jose Quinon: Good morning. Jose Quinon. First of all, I want to thank you all for being very diligent and moving this thing along. I know that it would he my preference to get it done right away, but that's just not possible with somethings. And I know that you all have really worked very hard and there are issues here that are very concerning to everyone. And I really want to appreciate the effort and the attention that you have all given to this matter. Just so that I can have an idea -- because naw the Mayor has been served. I need to do what I need to do as a lai-oyer, informing the judge in this case. Judge Middlebrooks [sic] has other litigants before him that are now ready to go. They have a jumpstart, lawyers that have already been working on their case because their clients were previously served. They have filed -- or will he filing their motions ahead of us. So the judge is going to he looking at me as somebody who's lagging behind. And he's going to say, well, where are you? When are you going to be catching up? So I'm not asking for deadlines or anything of that sort, but. just so you give me an idea. When is the next Commission meeting? When do you think this matter can come up to a -- at least a stage that I can tell the judge, Judge, I think we should he able to resolve this by this time, because he's going to he asking me that and I want to be in a position to be able to tell him. And if fou could help me with that, I really appreciate it. Chair Sar Haff • February 8, right, is the newt - ? Commissioner Carollo: Fehruary 14. Commissioner Suarez: No, February 14 is -- Chair Sarnaff• Fourteenth? Commissioner Suarez: -- our next Commission meeting. Commissioner Carollo: Valentine's. Chair Sarnoff If you think - Commissioner Suarez: That is Valentine's Day actually. Chair Sarnoff Boy, it just doesn't let up, does it? If you think there's a reason and you think there's a need and you can coord -- well, I mean, if you're asking for a special set meeting -- a special meeting called for, that's the only thing this Commission can offer you. And while Put not hesitant to do it, I also have to get the advice from Berger Singerman. So it's -- there is something in front of the cart. We need something to happen hefore we can take that advice -- Commissioner Carollo: Absolutely. Chair Sar Haff • -- or consider that advice. But can you wait 'til February 14 or is--? Mr. Quinon: I can. I mean, I will work with the judge. I just wanted -- and I knew this was going to he a problem because, obviously, you depend on the law firm that is going to he giving you advice. And at this point, you don't know how long they're going to take and what they need to do. And I understand that, so we're talking about very loose time periods here. But at least I have an idea of when your next Commission meeting is going to he and I can tell the. judge hopefully that on -- it appears that at least by that time, we should he able to have some type of resolution, hopefully. And if you all feel that that's -- that I'm on the right track here -- or on the City ofMiand Page 76 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 other hand, if you all feel that, no, February 14 may he simply a stage in your process, then I need to know that because, again, federal judges are somewhat impatient -- and I'mnot saying that he is. He happens to he really one of the hest judges in -- by far in our district. But he has a calendar to run and he has to marshal his resources and his cases. So he's going to be putting pressure an me to give him somewhat of a defined dates. And that's why I'm kind of putting this out here. But if I can tell him that around Fehruary 14 we should be able to resolve this, I would feel that he can probably work with us on this thing. Chair Sarnoff: I think what we know we'll have by Fehruary 14 -- I've spoken to the firm. They believe they'll have a written letter --a written opinion to us. 1 believe we'll debate the opinion on the 14, so it -- whoever -- Elvi or whoever it is, Madam -- Mr. Manager, let's get a discussion and potential voting item -- so that no one, you know -- with regard to the advice of counsel on the agenda. And I think that's the most we can give you right now -- Mr. Quinon: Fair enough. Chair Sar Haff • -- 'cause we don't know what the advice will be. Mr. Quinon: I understand. I understand that. And again, I just want to tell you that I appreciate the effort that everybodv's making and the manner that you all are treating this. Thankyou so much. Appreciate it. Chair Sarnoff Thankyou. Commissioner Suarez: Mr. Chair, ifI may. Chair Sarnoff: You're recognized. Commissioner Suarez: Thankyou. I just wanted to clarify something, for the record. I was just told that the firm has not, in fact, contributed to my ECO, but they did -- someone did contribute at their behest. So I will return it to that particular individual, whoever it is. I'll figure it out and make sure that's taken care of. Chair Sarnoff: Okay. All right, so we have a motion and we have a second. Any.further dis - ? Commissioner Carollo: Yeah, Mr. -- Chair Sarnoff: Go ahead. Commissioner Carollo: -- Chairman. Before we take the vote, I just want to make sure we direct the City Manager to see when is the last day to he able to put something on the agenda and work with the law firm to see if we could have a resolution placed in the next agenda. Okay, thank you. Chair Sarnoff: You'll cooperate --just let's make sure they're aware of the five-day rule. Let's also make sure that they're aware of the -- let's -- I think we can put a placeholder on it right now Commissioner Suarez: Yeah. Chair Sarnoff: -- that will sufficiently describe -- Commissioner Carollo: And that's what I'm trying to get at. I think that, you know, we need to at least put some type of placeholder because we are going to discuss this February 14 'cause we need to move forward. City of Miand Page 77 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Chair Sarnoff: Okay. Commissioner Carollo: And that was my intention of what I was directing the City Manager. Chair Sarnoff: Commissioner Gort, you all right? Mice Chair Gort: Yeah, no problem. I would just like to thank those people that sent their resume and they're willing to wait, especially Judge Panda Thank you firr your proposal. Chair Sar Haff • All right. So -- Ana Maria Pando: Mr. Chairman, can I just he recognized? Chair Sarnoff: Sure. Ms. Panda: Okay. It's -- thank you so much. It's great to he here, and I just wanted to express my thanks for giving me an opportunity to speak today, to speak at the last Commission meeting. And I would have loved to represent the City. You know what my history is with the City. And, you know, I dealt with these issues on a daily basis. But I certainly cannot compete with what's on the table because I can't offer my services on a pro hono hasis. But I'msure there'll he other opportunities. Thankyou so much. Chair Sarnoff: Thank you. Commissioner Suarez: ThankYou. Chair Sarna. f: All right. So we have a motion and we have a second. All in favor, please say aye The Commission (Collectively): Aye. Chair Sarnoff: Thank you all very much. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Chair Sarnoff: And now we're up to -- That's it on the DIs (Discussion Items). Ince Chair Gort: PZ (Planning & Zoning). Chair Sarnoff: Now we are at PZ. And I understand the Citv Attorney's got to read something. Victoria Mendez (Assistant City Attorney): We will now begin the Planning and Zoning items. PZ items shall proceed according to Section 7.1.4 of the Miami 21 zoning code. Before any PZ item is heard, all those wishing to speak will he sworn by the City Clerk. Staff will briefly describe each item as it is to be heard. The members of the City Commission shall disclose any ex parte communications. The petitioner will then present the request or may waive the right to an evidentiary hearing. The order ofpresentation shall he as described in the City code. Members of the public will he permitted to speak on certain petitions. The City ofMiami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for- agreement to support or withhold objection to the requested action. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City City ofMiand Page 78 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Commission's discretion. Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If anyone will he speaking on any of today's Planning and Zoning items, can I please have you stand, raise your right hand, and repeat after me? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Hr. Hannon: Thankyou. Chair Sarnoff. All right. I had earlier said I wanted to continue PZ 1 and PZ2, and I will continue it to the next PZ agenda. Would somebodv make a motion for that? Commissioner Carollo: Mr. Chairman. Chair Sarnoff Yes. Commissioner Carollo: I also have another -- Chair Sarnoff: Want to do them all at once? Commissioner Carollo: Yeah. Let's -- why don't we just do them all at once, if we have the same date and -- Chair Sarnoff: Okay. Commissioner Carollo: I don't know how much time Francisco needs. Apparently, with the ones that deal with District 3, apparently, there was someone that came, forward. And I think Francisco wants to reach out or• so forth. So I don't know hoiv much time you need with the items. Francisco Garcia (Director, Planning): Sir, I'll say briefly by way, of introduction -- and then we can handle it any which way you please -- that most of the items on today's Planning and Zoning agenda are, at present, slated to be either deferred or continued. May I for, I guess, clarity's sake, read to you what list I have of these items, and then perhaps we can go from there? I'll he quick about it. Items PZI and PZ2, which are companion items, are, as I have it, presently slated to he continued to Fehruary 28. Items PZ 3 and PZ 4 are presently slated to he indefinitely deferred. Items -- item PZ5 is also scheduled to he indefinitely deferred. And items PZ. 6and PZ. 7, which are also companion items, are slated to he continued to February 28. By way of brief explanation, indefinitely deferred means that they will he deferred for, at most, six months. They can, however, he brought hack pursuant to proper notification at whichever time they are deemed to be complete and ready for presentation. Chair Sarnoff: All right. So everybody have that? Does somebody want to make a motion for that? Commissioner Carollo: Move it. Gilberto Pastoriza: Mr. Chair, before you vote on the motion, can I just say one quick word on items -- Chair Sar Haff • I'll give you one word. Make it a goad one. Mr. Pastoriza: -- PZ 6 and PZ 7? I'm here represent --Gilberto Pastoriza, 2525 Ponce De City ofAtiand Page 79 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Leon. Tm here representing a bunch of prop -- business owners along Southwest 8th Street. What I'm saying to you is this is a city ordinance that would really help the businesses, especially between 12th Avenue and 7th. Avenue -- 6th. Avenue. You know, most of those businesses were very old. They are parking deficient, and some of these -- some of the actions that the City's proposing is really going to help those business owners. I thank you. And Mr. Chairman, I really commend you on your thorough knowledge about the building code and the recommendations that you've made. The proof is in the pudding. There is no really new projects. The projects that you see going up are projects that came way back, even under 11000. So whatever the City can do to get rid of some of those nuisances, that would be great. Thankyou very much. Chair Sarnoff: You know, it's like a factory line. What's happening is we're going to have a gap for a little over a year or two of 'no buildings having been designed, just as a result of this being on the books, 'cause no architect is going to attempt to build anything or design anything for this one- or two year period. And while you can make up some ground, you're absolutely right. Weiss Serota's out there and they know it. This is going to affect the City of Miami profoundly. Having said that, we have a motion. Did we get a second? Commissioner Suarez: I think there was a second. There wasn't a second? Second. Chair Sarnoff: We have a second by Commissioner Suarez. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. PZ.1 ORDINANCE Second Reading 12-00841 lu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF A PORTION OF FOLIO #01-4121-007-3850, MIAMI, FLORIDA, CONSISTING OF THE NORTHERN PORTION OFAVACANT IRREGULARLY-SHAPED PROPERTY LOCATED WITHIN THE BLOCK BOUNDED BY FLORIDAAVENUE ON THE NORTH, PLAZA STREET ON THE EAST, GRAND AVENUE ON THE SOUTH, AND DOUGLAS AVENUE ON THE WEST, THE LOTS IN QUESTION FRONT ON FLORIDAAND PLAZA, MIAMI, FLORIDA; ASECTION OF FOLIO #01-4121-007-3850 CURRENTLY DESIGNATED "SINGLE FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL", LESS A 25 -FOOT DEEP PORTION OF THE LOT FACING FLORIDAAVENUE THAT REMAINS "SINGLE FAMILY RESIDENTIAL", AS PRESENTED BY THE PLANNING AND ZONING DEPARTMENT AND RECOMMENDED BY THE PLANNING, ZONING, AND APPEALS BOARD ("PZAB"), RESOLUTION PZAB-R-12-037, AND DEPICTED IN THE ATTACHED "EXHIBIT B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 12-00841 lu CC 02-28-13 Fact Sheet.pdf 12-00841 lu Analysis, Maps & PZAB Reso.pdf 12-00841 lu & 12-00841 zc Applicant Agreement with College.pdf 12-00841 lu Application & Supporting Documentation.pdf 12-00841lu Fully -Executed CC Legis. (Ver. 3) & Exhibits.pdf City ofMiand Page 80 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 LOCATION: Approximately a Portion of Folio #01-4121-007-3850, Consisting of the Northern portion of a Vacant Irregularly -Shaped Property Located within the Block Bounded by Florida Avenue on the North, Plaza Street on the East, Grand Avenue on the South, and Douglas Avenue on the West, the Lots in Question front on Florida and Plaza [Commissioner Marc David Sarnoff - District 21 APPLICANT(S): Tony Recio, Esquire, on behalf of Theodore Roosevelt Gibson Memorial Fund, Inc. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with modifications* to City Commission on September 19, 2012 by a vote of 8-1. See companion File ID 12-00841zc. *See supporting documentation. PURPOSE: This will change a portion of the above location to "Low Density Restricted Commercial", less a 25 -foot deep portion of the lot facing Florida Avenue to remain "Single Family Residential". Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.2 ORDINANCE Second Reading 12-00841 zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, BY CHANGING THE ZONING CLASSIFICATION FOR A PORTION OF FOLIO #01-4121-007-3850, MIAMI, FLORIDA, CONSISTING OF THE NORTHERN PORTION OFAVACANT IRREGULARLY-SHAPED PROPERTY LOCATED WITHIN THE BLOCK BOUNDED BY FLORIDAAVENUE ON THE NORTH, PLAZA STREET ON THE EAST, GRAND AVENUE ON THE SOUTH, AND DOUGLAS AVENUE ON THE WEST, THE LOTS IN QUESTION FRONT ON FLORIDAAVENUE AND PLAZA STREET, MIAMI, FLORIDA; A SECTION OF FOLIO #01-4121-007-3850 CURRENTLY ZONED 73-R" SUB -URBAN ZONE WITH AN "NCD -2" VILLAGE WEST ISLAND AND CHARLES AVENUE NEIGHBORHOOD CONSERVATION DISTRICT TO 74-0" GENERAL URBAN ZONE WITH AN "NCD -2" VILLAGE WEST ISLAND AND CHARLES AVENUE NEIGHBORHOOD CONSERVATION DISTRICT, LESS A 25 -FOOT DEEP PORTION OF THE LOT FACING FLORIDAAVENUE THAT REMAINS 73-R" SUB -URBAN ZONE WITH AN "NCD -2" VILLAGE WEST ISLAND AND CHARLES AVENUE NEIGHBORHOOD CONSERVATION DISTRICT, MIAMI, FLORIDA, AS PRESENTED BY THE PLANNING AND ZONING DEPARTMENT AND RECOMMENDED BY THE PLANNING, ZONING, AND APPEALS BOARD ("PZAB"), RESOLUTION PZAB-R-12-037, AND DEPICTED IN "EXHIBIT B", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City nfMianu Page 81 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 12-00841zc CC 02-28-13 Fact Sheet.pdf 12-00841zcAnalysis, Maps, Zoning Referral & PZAB Reso.pdf 12-00841 lu & 12-00841 zc Applicant Agreement with College.pdf 12-00841zcApplication & Supporting Documentation.pdf 12-00841zc Fully -Executed CC Legis. (Ver. 3) & Exhibits.pdf LOCATION: Approximately a Portion of Folio #01-4121-007-3850, Consisting of the Northern portion of a Vacant Irregularly -Shaped Property Located within the Block Bounded by Florida Avenue on the North, Plaza Street on the East, Grand Avenue on the South, and Douglas Avenue on the West, the Lots in Question front on Florida and Plaza [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Tony Recio, Esquire, on behalf of Theodore Roosevelt Gibson Memorial Fund, Inc. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with modifications* to City Commission on September 19, 2012 by a vote of 8-1. See companion File ID 12-008411u. *See supporting documentation. PURPOSE: This will change a portion of the above location to 74-0" with an "NCD -2", less a 25 -foot deep portion of the lot facing Florida Avenue to remain 73-R" with an "NCD -2". Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.3 ORDINANCE First Reading 11-00700lu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 840 NORTHEAST 78TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00700lu CC 01-24-13 Fact Sheet.pdf 11-00700lu Analysis, Maps, School Concurrency & PZAB Reso.pdf 11-00700lu Application & Supporting Documents.pdf 11-00700lu CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 840 NE 78th Street [Commissioner Marc David City nfMianu Page 82 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Sarnoff - District 2] APPLICANT(S): Lynn M. Summers, Authorized Representative, on behalf of Marine Max East, Inc., Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 5, 2011 by a vote of 8-1. See companion File ID 11-00700zc. PURPOSE: This will change the above property to "Medium Density Restricted Commercial". Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZA ORDINANCE First Reading 11-00700zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM 75-R" URBAN CENTER ZONE -RESTRICTED TO 75-0" URBAN CENTER ZONE -OPEN, FOR THE PROPERTY LOCATED AT APPROXIMATELY 840 NORTHEAST 78TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00700zc CC 01-24-13 Fact Sheet.pdf 11 -00700zc Analysis, Maps & PZAB Reso.pdf 11-00700zcApplication & Supporting Documents.pdf 11-00700zc CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 840 NE 78th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lynn M. Summers, Authorized Representative, on behalf of Marine Max East, Inc., Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 5, 2011 by a vote of 8-1. See companion File ID 11-007001u. PURPOSE: This will change the above property to 75-0". Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. City nfMianu Page 83 Pt-inted on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.5 ORDINANCE First Reading 12-00084zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM 76-12-0" URBAN CORE TRANSECT ZONE TO 76-24-0" URBAN CORE TRANSECT ZONE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3601, 3651, 3681 AND 3701 NORTH MIAMI AVENUE; 3610, 3620 AND 3630 NORTHEAST MIAMI COURT; AND 17 AND 25 NORTHEAST 36TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 12-00084zc CC 01-24-13 Fact Sheet.pdf 12-00084zcAnalysis, Color Maps & PZAB Reso.pdf 12-00084zcApplication & Supporting Documentation.pdf 12-00084zc CC Legislation (Version 3) & Exhibit.pdf LOCATION: Approximately 3601, 3651, 3681 and 3701 North Miami Avenue; 3610, 3620 and 3630 NE Miami Court; and 17 and 25 NE 36th Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Neisen O. Kasdin, Esquire, on behalf of Fifteen Midtown Properties, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends denial to City Commission on June 6, 2012 by a vote of 9-0. See companion File ID 12-00084ac. PURPOSE: This will change the above properties to 76-24-0" Urban Core Transect Zone. Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.6 ORDINANCE 12-011801u1 First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF SELECTED PROPERTIES LOCATED AT APPROXIMATELY: 1) THE NORTH SIDE OF SOUTHWEST 9TH STREET BETWEEN SOUTHWEST 8TH AVENUE AND SOUTHWEST 12TH AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY City nfMianu Page 84 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 MULTIFAMILY RESIDENTIAL"; AND 2) 828 SOUTHWEST 8TH AVENUE, 829 AND 830 SOUTHWEST 8TH COURT, 814 AND 829 SOUTHWEST 9TH AVENUE, 824 AND 831 SOUTHWEST 9TH COURT, 826 AND 827 SOUTHWEST 10TH AVENUE, AND 827 AND 830 SOUTHWEST 11TH AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; AS DEPICTED IN "EXHIBIT A"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-01180lu1 CC 02-28-13 Fact Sheet.pdf 12-01180lul Analysis, Maps, Sch. Brd. Concurrency & PZAB Reso.pdf 12-01180lul CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 1) The North Side of SW 9th Street between SW 8th Avenue and SW 12th Avenue; and 2) 828 SW 8th Avenue, 829 and 830 SW 8th Court, 814 and 829 SW 9th Avenue, 824 and 831 SW 9th Court, 826 and 827 SW 10th Avenue, and 827 and 830 SW 11th Avenue [Commissioner Frank Carollo - District 3] APPLICANT(S): Johnny Martinez, City Manager, on behalf of City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on December 5, 2012 by a vote of 10-0. See companion File ID 12-01180zc1. PURPOSE: This will change the above properties to 1) "Low Density Multifamily Residential" and 2) "Low Density Restricted Commercial". Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.7 ORDINANCE First Reading 12-01180zc1 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, BY CHANGING THE ZONING CLASSIFICATION FROM 74-R" GENERAL URBAN ZONE -RESTRICTED TO "74-L" GENERAL URBAN ZONE -LIMITED FOR SELECTED PROPERTIES LOCATED AT APPROXIMATELY 828 SOUTHWEST 8TH AVENUE, 829 AND 830 SOUTHWEST 8TH COURT, 814 AND 829 SOUTHWEST 9TH AVENUE, 824 AND 831 SOUTHWEST 9TH COURT, 826 AND 827 SOUTHWEST 10TH AVENUE, AND 827 AND 830 SOUTHWEST 11TH AVENUE, MIAMI, FLORIDA, FURTHER IDENTIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; FURTHER, THE PLANNING AND ZONING DEPARTMENT HAVING CONDUCTED A BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS OF THE ZONING ORDINANCE, PURSUANT TO SECTION 7.1.2.8.B.2, HAS FOUND THE CHANGES TO BE APPROPRIATE AND CONSISTENT WITH THE DEVELOPMENT DIRECTION OF THE CITY OF MIAMI'S NEIGHBORHOODS; City nfMianu Page 85 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 RESULTING ZONING CHANGES APPROVED THROUGH THIS BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS, PURSUANT TO SECTION 7.1.2.8.B.2, SHALL NOT PROHIBIT, PREVENT OR LIMIT OWNERS OF AFFECTED PROPERTIES IDENTIFIED HEREIN FROM APPLYING FOR A REZONING PURSUANT TO SECTION 7.1.2.8.G.5; FURTHER DIRECTING AND AUTHORIZING THE PLANNING AND ZONING DEPARTMENT TO AUTOMATICALLY REVERT, IF NECESSARY, ANY ACCOMPANYING FUTURE LAND USE CHANGE ADOPTED FOR ANY ZONING CHANGE NOT APPROVED IN THIS ORDINANCE IN ORDER TO MAINTAIN CONSISTENCY BETWEEN THE ZONING ATLAS OF ORDINANCE NO. 13114 AND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, FUTURE LAND USE MAP; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-01180zc1 CC 02-28-13 Fact Sheet.pdf 12-01180zc1 Analysis, Maps, Sch. Brd. Concurrency & PZAB Reso.pdf 12-01180zc1 Fully -Executed CC Legis. (Ver. 2) & Exhibit.pdf LOCATION: Approximately 828 SW 8th Avenue, 829 and 830 SW 8th Court, 814 and 829 SW 9th Avenue, 824 and 831 SW 9th Court, 826 and 827 SW 10th Avenue, and 827 and 830 SW 11th Avenue [Commissioner Frank Carollo - District 3] APPLICANT(s): Johnny Martinez, City Manager, on behalf of City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on December 5, 2012 by a vote of 10-0. See companion File ID 12-01180lu 1. PURPOSE: This will change the above properties to 74-L". Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.8 ORDINANCE First Reading 12-011801u2 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO THE EXPEDITED STATE REVIEW PROCESS, SUBJECT TO §163.3184(3), FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF SELECTED PROPERTIES LOCATED AT APPROXIMATELY THE EAST SIDE OF VIRGINIA KEY, MIAMI, FLORIDA, FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES" AND "CONSERVATION" TO "PUBLIC PARKS AND RECREATION', AS DEPICTED IN ATTACHED "EXHIBIT A"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City nfMianu Page 86 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 12-01180lu2 CC 01-24-13 Fact Sheet.pdf 12-011801u2 Analysis, Color Maps & PZAB Reso.pdf 12-01180lu2 CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately the East Side of Virginia Key [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Johnny Martinez, City Manager, on behalf of City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on December 19, 2012 by a vote of 8-3. See companion File ID 12-01180zc2. PURPOSE: This will change the above location to "Public Parks and Recreation". Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Sarnoff: All right. Then I think we're up to PZ.8. Gilberto Pastoriza: Thank you. Have a good day. Francisco Garcia (Director, Planning): Yes, sir. PZ.8 and PZ.9 are companion items. PZ.8 is a land use amendment, and PZ.9 is a zorrirrg amendment. Both of them are fora large parcel in Virginia Key. And I would ask the audiovisual department to please place it on the screen. The area is --fin- hearing's sake and I think -- oh, there it is. It is immediately surrounding the Miami -Dade Water & Sewer facility, and it reaches, on a very narrow stretch of land, all the way to Shrimpers' Lagoon. These are areas that were previously designated fbr- conservation. However, upon surveying the areas, it has been determined that they are not pristine lands. They've actually been significantly disturbed, and therefore, we are presently proposing that they he rezoned for parks and recreation so that they can he activated in that fashion. In terms of zoning and in terms of land use, they will -- I'm sorrv, in terms of land use, for parks and recreation; in terms of zoning for civic space, which also allows far parks and recreation uses. And again, you have the image on your screens. 1'11 he happy to answer any questions. Were recommending approval, of course. And the Planning Zoning and Appeals Board also recommended approval by a vote of 8-3 on both items. Vice Chair Gort: Move it. Chair Sarnoff: All right. Commissioner Gort has moved it -- Commissioner Suarez: Second. Chair Sarnoff: -- second by Commissioner Suarez. Any discussion? For those of you that don't know, this is going to he the hike trail. This is going to he where the hike storage and the hike rental place will happen. I can't say enough good things about it, and I'll save you from what I have to say. Let's just put it as a great thing. Hadam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Assistant City Attornev Victoria City of Atiand Page 87 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Mendez. Chair Sarnoff: And prior to the vote, I do need to open up a public hearing. PZ 8, anybody fvom the public wishing to be heard on PZ.8, please step up. Hearing none, seeing none, coining back to the Commission. Back to you, Mr. Clerk. Todd B. Hannon (City Clerk): Your roll call on item PZA A roll call was taken, the result of which is stated ahove. Mr. Hannon: The ordinance passes on first reading, 5-0. PZ.9 ORDINANCE First Reading 12-01180zc2 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, BY CHANGING THE ZONING CLASSIFICATION FROM "Cl" CIVIC INSTITUTION ZONE AND 71" NATURAL ZONE TO "CS" CIVIC SPACE ZONE, FOR SELECTED PROPERTIES LOCATED AT APPROXIMATELY THE EAST SIDE OF VIRGINIA KEY, MIAMI, FLORIDA; AS DEPICTED IN ATTACHED "EXHIBIT A"; FURTHER, THE PLANNING AND ZONING DEPARTMENT HAVING CONDUCTED A BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS, PURSUANT TO SECTION 7.1.2.8.B.2, HAS FOUND THE CHANGE TO BE APPROPRIATE AND CONSISTENT WITH THE DEVELOPMENT DIRECTION OF THE CITY OF MIAMI'S NEIGHBORHOODS, THE RESULTING ZONING CHANGE APPROVED THROUGH THIS BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS, PURSUANT TO SECTION 7.1.2.8.B.2, SHALL NOT PROHIBIT, PREVENT OR LIMIT OWNERS OF AFFECTED PROPERTIES IDENTIFIED HEREIN FROM APPLYING FOR A REZONING PURSUANT TO SECTION 7.1.2.8.G.5; FURTHER DIRECTING AND AUTHORIZING THE PLANNING AND ZONING DEPARTMENT TO AUTOMATICALLY REVERT BACK, IF NECESSARY, ANY ACCOMPANYING FUTURE LAND USE CHANGE ADOPTED FOR ANY ZONING CHANGE NOT APPROVED IN THIS ORDINANCE IN ORDER TO MAINTAIN CONSISTENCY BETWEEN THE ZONING ATLAS OF ORDINANCE NO. 13114 AND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, FUTURE LAND USE MAP; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-01180zc2 Analysis, Color Maps & PZAB Reso.pdf 12-01180zc2 Fully -Executed CC Legis. (Ver. 2) & Exhibit.pdf LOCATION: Approximately the East Side of Virginia Key [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Johnny Martinez, City Manager, on behalf of City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on December 19, 2012 by a vote of 8-3. See companion File ID 12-01180lu2. City nfMianu Page 88 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 PURPOSE: This will change the above location from "T1" and "Cl" to "CS". Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note fbr the Record: Please see item PZ.8 fbr minutes referencing item PZ.9. Chair Sarnoff: PZ.9. Do ive need to do a presentation? Can we accept the presentation made from PZ.8? All right. Is there a motion? Vice Chair Gort: Move it. Chair Sarnoff Motion -- Commissioner Spence -Jones: Second. Chair Sarnoff: -- by Commissioner -- Commissioner Suarez: Second. Chair Sarnoff: -- Gort, second by Commissioner Suarez, although I hear Spence -Jones as well with a dual second. Anv discussion? Hear -- Vice Chair Gort: Public hearing. Chair Sarnoff: Oh, you're right, sorry. Anyone from the public -- thankyou -- wishing to be heard on PZ.9, please step up. Hearing none, seeing none, corning back to the Commission. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Todd B. Hannon (City Clerk): Your roll call on item PZ.9. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 5-0. PZ.10 ORDINANCE First Reading 12-01296zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BYAMENDING ARTICLE 7, ENTITLED "PROCEDURES AND NONCONFORM ITIES", SECTION 7.1.2.8.B.1., TO ESTABLISH APRIL AND OCTOBER AS THE INITIAL CITY COMMISSION PLANNING AND ZONING PUBLIC HEARING DATES TO CONSIDER MIAMI 21 ATLAS AMENDMENTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-01296zt CC 02-28-13 Fact Sheet.pdf 12-01296zt PZAB Reso.pdf 12-01296zt CC Legislation (Version 2).pdf City ofMiand Page 89 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on December 5, 2012 by a vote of 10-0. PURPOSE: This will establish April and October as the initial City Commission P&Z public hearing dates to consider Miami 21 Atlas amendments. Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Sarnoff: All right, PZ. 10. Francisco Garcia (Director, Planning): Thank you, sir. Item PZ 10 is before you on first reading as an ordinance amending the zoning ordinance of the City ofMiami, the purpose of' which is to set forth the dates at which the City Commission will hear on first reading any private applications far rezoning, and these dates are proposed to he in the Planning & Zoning hearing of the month ofApril and the Planning & Zoning hearing of the month of October on a yearly basis. We recommend approval, and the Planning, Zoning and Appeals Board recommended approval by a vote of] 0-0. Chair Sarnoff: All right. It's a public hearing. Anybody wishing to he heard on PZ.10, please step up. Hearing none, seeing none, coming hack to the Commission. Is there a motion? Commissioner Suarez: Move it. Chair Sarnoff: Motion by Commissioner Suarez. Commissioner Carollo: Second. Chair Sar naff: Second by Commissioner Carollo. Any discussion? Hearing no discussion, Madam City Attorney, it is an ordinance. Victoria Mendez (Assistant City Attorney): An ordinance of *the Miami City Commission, with attachments, amending the zoning atlas of ordinance number 13114, by changing the zoning classification from "Cl " [sic] Civic Inti -- "Cl" Civic Institution Zone and "Tl " Natural Zone to "CS" Civic Space Zone,, for selected properties located at approximately the east side of Trrginia Key, Miami, Florida, as depicted in the attached "Exhibit A "; further, the Planning and Zoning Department having conducted a biennial evaluation of the Miami 21 atlas, pursuant to Section 7.1.2.8.B.2, has found the change to be appropriate and consistent with the development direction of the City r f -Viami's neighborhoods -- Am I reading the wrong one? Yes. Sorry, I apologize. I was reading the wrong title. Commissioner Suarez: That's okay. Ms. Mendez: We -- You did everything correctly on PZ. 10. I just read the wrong title, so I will read it. It's much shorter. The Ordinance was read by title into the public record by Assistant City Attorney Tectoria City ofAtiand Page 90 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Mendez. Ms. Mendez: I apologize. Todd B. Hannon (City Clerk): Your roll call on item PZ. 10. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 5-0. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO M.1 RESOLUTION 13-00034 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE UNITED STATES CONGRESS TO REDUCE GUN VIOLENCE IN AMERICAAND HELP PREVENT FUTURE MASS SHOOTINGS THROUGH PASSAGE OF HOUSE RESOLUTION 137, "'THE FIX GUN CHECKS ACT OF 2013," WHICH WOULD REQUIRE A BACKGROUND CHECK FOR EVERY GUN SALE AND ENSURE THAT ALL CRIMINALS AND OTHER DANGEROUS PEOPLE WHO ARE PROHIBITED FROM BUYING A GUN ARE LISTED IN THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM; FURTHER URGING CONGRESS TO PASS LEGISLATION STOPPING THE SALE, TRANSFER, IMPORTATION AND MANUFACTURE OF ASSAULT WEAPONS AND LARGE AMMUNITION MAGAZINES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 13-00034 Coalition Members.pdf 13-00034 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-13-0043 Direction by Vice Chair Gort to the City Clerk to transmit a copy of this resolution to the Florida League of Cities and Miami -Dade County League of Cities for their support in urging Congress to reduce gun violence in America and help prevent future mass shootings through the passage of House Resolution 137. Chair Sarna.f: All right. Mr. Mayor, you're recognized on M.1. Mayor Tomds Regalado: Thank you, Mr. Chairman, members of the Commission. Several days ago, we had a press conference here and it was about mayors against illegal guns. This was a nationwide campaign on the first anniversary, the first month of the event -- tragic event in Connecticut. There are 800 members on that group that was formed by Mayor Bloomberg three years ago. l became a member like two years and a half ago. Since the massacre in City ofMiand Page 91 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Connecticut, 100 more mayors have joined. And basically, what this mayors -- democrats, republicans, independents, Latinos, Anglos, African Americans -- are asking are three basic things. One thing is the background check for everyhody that buys a weapon. What is happening is that -- although, if you go to a gun show or a gun shop, you have to fill some papers. But according to FBI (Federal Bureau of Investigations) last year, 6.2 million guns were sold in private transaction between residents and no background check was asked. Also, the gun shows are very flexihle and they do sell the guns with not too many questions asked. So this national organization is asking all cities, all members, to pass a resolution urging the United States Congress to reduce gun violence in America and help prevent future mass shootings through the support of the House resolution. It's called House Resolution 137, the Fix Gun Checks Act of 2013. What this will do is it will require a background -- a criminal background check for everyhody that buys a weapon, whether in a private transaction or in a store in the United States. And also, it's like, you know, the no-fly list, you know. You are in a no-fly list, you cannot get on a plane -- to keep a record of people with criminal background who will not be able to buy weapons. So about 800 cities are doing this this week in support of this. Mind you, this is not the same package that the President is asking. This is just focused on Bill 137, which everyhody agrees in this mayors'group that it's necessary, which is the background check. They also are asking the Congress to he more strict on assault weapons in terms of manufacturing assault weapons. And I remember, Chairman Sarnoff; many years ago that you tried to -- we voted on several resolution asking Congress and the Administration not to let the assault weapons act die, but they did. So now this is a resolution that is hefore you, and it's been done by 800 cities in the U.S. (United States). Chair Sarnoff.- Let me ask a question, Mayor -- Mr. Mayor, or maybe the Chief, 'cause Florida does not have a requirement in a gun show to go through a background check; am I right? It does? It does not? I think it -- I don't think it does. Hanuel Orosa (Chief of Police): Private transactions, no; private dealers, yes. Chair Sarnoff.- Wait, wait. Private transactions, no. Chief Orosa: No. Chair Sarnaff: l -- Chief Orosa: Dealers, yes. Chair Sarnojj: So -- Chief Orosa: if you go to a gun show and you're a dealer, you have to do the background. If you are, let's say, yourself, you have a gun you want to sell. You go to a show, you don't have to do anything. Chair Sarnojj: Well, then this act itself takes away -- everyone that goes to a gun -- anyone that goes to a gun -- what do you call them, conventions? What do you call them again? Chief Orosa: Gun show. Chair Sarnojj: Gun show. Sony, gun show. Then that person buying the gun at that show is required to go through a background check? Chief Orosa: Correct. Chair Sarnoff.- But shouldn't we also then -- 'cause I don't know if this will pass, Mr. Mayor, or won't pass -- shouldn't we then be lobbying Tallahassee if that's something that this Commission City ofAtiand Page 92 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 agrees? Shouldn't that he part of our lobby platform, that the gun show exclusion -- or I don't know how they express it in Florida -- the loophole, I think is what it's described. Shouldn't we he pushing firr the gun -- that the gun show requirement that any guns transacted in a gun show are subject to a background check? Chief Orosa: Correct. Because if, for example, you have -- lack of a better word -- mental issues and you go to a dealer and they say, no, no, huddv, you can't. You can go to a gun show and huy the gun you want to buy. Chair Sarna.f: Okay. Mayor Regalado: And you know, Mr. Chairman, it's -- what the mayors against illegal guns are asking is ver,v simple, three things. Number one, the background check; number two, asking the federal government to get assault weapons off the street; and number three is to pass a law so that gun trafficking in the black market will be considered a federal crime. It is not. Only if you transport one weapon fYom one state to another it's a federal issue. But if you sell a machine gun here, it's just a local -- it's not a federal crime. So this is basically what the resolution does. Chair Sarnoff: So it's a resolution supporting -- Mayor Regalado: Resolution -- Ince Chair Gort: House Bill -- Mayor Regalado: -- 137 -- Chair Sarnoff: All right. Mayor Regalado: -- of Congress i-vho's noiv -- Congress is dealing with this now, the Fix Gun CheckAct of 2013. Chair Sarnoff: All right. Let's take -- let's first take it as a motion, and then we'll have discussion. Ls there -- Commissioner Spence -Jones: So move. Chair Sarnoff: -- a motion? We have a motion by -- Vice Chair Gort: Second. Commissioner Suarez: Second. Chair Sarnoff: -- Commissioner Spence -Jones, second by Commissioner Gort. Discussion. No? All right. Commissioner Suarez: Let's vote. Chair Sarnoff: All in favor then, please say "aye. " The Commission (Collectively): Aye. ChairSarnaff Thankyou, Mr. Mayor. Mayor Regalado: Thank you. And the City Clerk is asked to communicate -- we will do so, too -- through the organization to the congressional delegation -- that the City Commission has gone City of Miand Page 93 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 on record on this. Thank you very much. Chair Sarnoff: Thank you, Mr. Mayor. It's a good -- yes. Trce Chair Gort• Question. Do you know if any of the other cities within the -- Florida has been asked to do so? Mayor Regalado: Yes. Miami Beach. There are like 50 -- 40 mayors in the state of Florida that are members of Mayors Against Illegal Guns. Trce Chair Gort: 'Cause I'd like to send this to the Florida League of City [sic] and Miami -Dade County League of City [sic]. Mayor Regalado: Yeah. That'd be fantastic. END OF CITYWIDE ITEMS DISTRICT 1 VICE-CHAIRMAN WIFREDO (WILLY) GORT D1.1 DISCUSSION ITEM 13-00045 DISCUSSION OF ILLEGAL DUMPING AND ASSOCIATED COST OF COLLECTING TRASH. 13-00045 Email - Illegal Dumping & Cost of Collecting Trash.pdf DISCUSSED Chair Sarnoff: Okay. Let's go to district items. And the Mayor's not here yet, so let's go to DI (District 1). Trce Chair Gort: D1. Can I have Keith here? Chair Sarnoff: Can we get Keith Carswell up? Trce Chair Gort: During the negotiation with the County, we had several meetings where we sat down. And [looked at the numbers of our expenditures and where we spent the most money is in the -- not in the garbage, but on the -- what do you call them, the trash. And my understanding is, that's where the majority of funds for the sanitation department -- it was discussed in the -- when we were talking to the -- your department and the County department, and we looked at the numbers, the most expenditure comes out of the trash -- the tonnage collected from the trash. A lot of those trash are illegal dumping that has take place within the City of Miami. And for being such a good -- if it wasn't for illegal dumping, the City of Miami -- and I can promise you -- it would be the cleanest city in the whole nation. And I would like to ask the Administration to really -- we should look into the trash collection and see how we can improve the trash collection. At one time, they were talking about keeping f irnitures and certain articles out of the dumping of the trash, which makes the -- like I said, we can save a lot of'money by doing so. So I would like for the Administration and the - to please to work with my office and come up with some idea we can bring back to you. At the same time, I would like to follow up. We had the first meeting for the Labor Relation Board and all the director departments were there, the unions were there. I asked every one of them, whatever problem we have in complying with their duties within departments and also with hiring, please come up with the ideas and changes you believe will make the City more efficient So this goes to you all, too. Any changes that you think we City ofAtiand Page 94 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 could be doing in the way we do business in the City, we'll appreciate it. Copy to the -- send to the Manager and copy to me. Thank you. Chair Sarna.f: Commissioner Carollo's recognized fbr the record. Commissioner Carollo: Thank you, Mr. Chairman. And I'm glad Commissioner Gort is bringing this up. This is something that I had mentioned back in January 11, 1011, because not only solid waste -- I think at the same time, it's also a code enforcement issue because a lot of this is illegal dumping. At the meeting ofJanuaiy Il, 2012, I mentioned that illegal dumping is a big, big issue in the City of Miami. I brought up -- and I placed lots of picturesfir people to see and I spared a lot of you the hundreds of pictures that we had. But at the same time, I will like for you to look at some of the pictures to refresh your memory of all the illegal dumping in Little Havana. And again, I think that Solid Waste, but also Code Enforcement needs to act. And that's why I had big issues with how we were spending the monies in Code Enforcement in the past. Jua'y, if you could just -- and you could go quickly, 'cause I don't want to hnre everybody. These are all various streets, you know, within Little Havana. And at any given day, you know -- and I've asked various people from the Administration to go out there with me. And at any given day, we could go out there and we see all this illegal dumping everywhere. Chair Sarnoff: Have you ever made a determination -- or has anybody ever made a determination if 'it's City of Miami people dumping or is it other people that just find it convenient to dump in the City of Miami? Commissioner Carollo: I think -- Mice Chair Gort: It's a combination. Commissioner Carollo: -- it's a combination. It's a combination. And again, we could keep going on and on and on. So I don't i-vant to bare everybody, but it's a big issue that I brought up, you know, over a year ago and we continue to have the same issue. So -- and yeah, you could just stop. Chair Sarnoff Impressive. All right. Commissioner Carollo: Thankyou,guys. Chair Sarnoff: You want to -- Keith Carswell: Just for the record. Keith Carswell, director of Solid Waste. A couple of quick things. Commissioner Gorr you're absolutely correct. Illegal dumping has been a citywide problem. Commissioner -- Charman Sarnoff, there is an issue with some commercial landscapers actually bringing their material into the city because we provide Cadillac/Lamborghini service at a Pinto price. Last year, the illegal trash collection, we had an increase of ahout 500 tons per month over a prior year. When we looked at the numbers at the transfer station with the County, because of the increase in tonnage, given the number -- the equipment that we had, we actually had to use the transfer station more than we would normally do. And in looking at the numbers, we paid somewhere around $500,000 just for trash alone just for going to the transfer station. Some of the proactive measures that we've taken with -- ander the leadership of ACM (Assistant City Manager) Cabrera, is that we have Operation Clean Sweep, which has involved an educational component with some of the residents, as well as we've been monitoring the collection of the illegal dumping when they arise. We send inspectors out to try to make a determination as to the source or the origin of the debris. We collect it as expeditiously and quickly as possible. But again, we are left in a reactionary mode because it comes, we do collect it. We have been documenting it. And I think that under -- again, under the leadership ofACM Cabrera, I think we've been addressing it, at least on that end. City ofMiand Page 95 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 City of Miami Chair Sarnoff: All right, Commissioner Gort. Vice Chair Gort: The one thing I'd like to add, I understand we're going to get $150,000 from the recycling contract that we just made. And my understanding this is for- education. I think it would be very important for the City of Miami if we can have an economic -- the economic impact that it costs us to our residents, the illegal dumping. Mr. Carswell: Yes. Trce Chair Gort• And I think people will he able to take more action against that. Commissioner Carollo: And -- Vice Chair Gort: Thank you. Commissioner Carollo: -- Mr. Chairman. Chair Sarnoff: You're recognized. Comniissioner Carollo: Thank you. And in some of those places, it's the same places. AndMr. Carswell, or Mr. Manager, we've been out there. I've taken you on several trips already out there. And it seems like some of these places are the same places; so I think if we could have some code enforcement, and maybe not in the same marked cars, be out there because everyone knows what time, what days is pickup, and usually, the day before, they come or, you know, a couple days before. And I think we need to start being a little bit more proactive because, as you all mentioned, its costing the City a lot of money. Johnny Martinez (City Manager): Yeah. I -- Commissioner; I agree with you. And the cost of trying to corral in the illegal dumpers is offset by the cost that we have to pay to get rid of the stuff 'at the -- for the tipping fees. Commissioner Carollo: Exactly. Mr. Martinez: Somebody comes and does illegal dumping, and then we pick it up and pay to -- you know, the tipping fee to get rid of it. So the cost to try and catch the perpetrators is offset by what we're paying in tipping fees. So it's -- Commissioner Carollo: I just believe we need to start being a little hit more proactive -- Mr. Martinez: Yes. Commissioner Carollo: -- instead of reactive. And I think once word gets out that we're being proactive and we start arresting some people, I think the word will get out and we'll see a reduction in -- Mr. Martinez: Yeah. They don't put the illegal dumping in the Gables. Commissioner Carollo: Thankyou. END OF DISTRICT 'I DISTRICT 2 CHAIRMAN MARC DAVID SARNOFF Page 96 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 D2.1 DISCUSSION ITEM 13-00020 STATUS OF HIRING POLICE OFFICERS. 13-00020 Status - Hiring Police Officers.pdf DISCUSSED Direction by Chair Sarnoff to the Administration to analyze the internal process involved in hiring police officers for the purpose of identifying areas and/or departments that require additional resources and report back to the City Commission with an action plan that addresses these issues within 30 days. Chair Sarnoff: Okay. Chief, D2.1. And Tin going to do this easy because, inevitably, we're not going to do this at a Commission meeting one of these days. We -- Manuel Orosa (Chief of Police): I hope so. Chair Sarnoff: I know. Were presently -- 'cause I don't want to get into this I've got this class, that class 'cause I get lost in my classes. Were about 50 police officers down f om our 1,144 complement. Chief Orosa: Correct. Chair Sarnoff: All right, so we're still about 50 down. We haven't made much prowess -- don't take this wrong -- Chief Orosa: No. Chair Sarnoff: -- as a result of some suspensions and possibly -- Chief Orosa: Terminations. Chair Sarnoff: Okay. How -- What the hell, just ask the question. How are we going to break this logjam to hire 100 new officers in fiscal year '13-'14? Chief Orosa: Well, the Manager has taken the initiative to move for -ward with it, and he has also named Danny in part of a committee to see where the issues lie and eliminate any obstacles and move forward with the process. So, hopefully, within reasonable amount of time, we can figure out exactly where all the logjams are at and we can get that out of the way and move forward processing as many people as we can as fast as we can. Chair Sarnoff: Okay. That's a gerund, Mr. Manager, meaning we're going to, we are working on, we are -- I think this Commission is -- I -- let me say it and then you report hack. I'mnot attacking. Johnny Martinez (City Manager): Okay. Chair Sarnoff: I'm not. I'm not attacking. 'Cause I've been involved in this. It's complicated, but on the other hand, at a certain point in time, we got to do something about it, and the gerund is no longer acceptable. So having said that, tell its what you're going to fix and how you're going to fix it and what you -- 'cause this requires you. It -- no Commissioner can do this. Mr. Martinez: And I'm going to be extremely involved. One thing were going to do is were City of Atiand Page 97 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 going to break it up in pieces. The immediate short-term piece is to get the officers that are vacant --just to get us to the 1,144 officers that we need. The second part of 'the puzzle was what is the ratio of off cer to inhabitants that we need? And I think we've done a good job because the report that you referred to at the last Commission didn't really make a recommendation. It was just a mathematical calculation. That was an observation -- Chair Sarnoff: I think it was very careful not to make a recommendation. Mr. Martinez: Right. But what I did was I went ahead and pushed it and said, Chief, and Junior, go ahead and do your research and come back to me and give me a recommendation of what that ratio should he right now in the short-term. And the answer is 3.5 officers per 1,000 inhabitants, which means we have to come up to 1,244. But that's for the short-term. So whatl want to do is to strategically --.you know, budget wise, 'cause it has an impact on the hudget. That's why I made Danny the team leader. And also part of 'the team is the personnel department and all the di ferent departments that it needs to hire the officers. Because to get to 3.5, I think we're going to be at 1,444 officers, which is 300 above what we have today on the books. And so t<aefirst thing I want to do was zoom in what is the ratio that we need and then i-vork up to getting it in a fiscally responsible way that we can go ahead and finance and do this. Part of *the exercise is also looking at our system of hiring so that we can at least take care of 'the immediately short term, which is getting the 50 that we're down and the ones that were suspended replaced right now. So the different teams have been assembled, and we're going to be meeting to strategize the super short term, near term, medium term, and long Cerin. Chair Sarnoff: Great. Mr. Martinez: But were starting out with a goal of *3.5. Chair Sarnaff: Let me -- I'm not going to go into this too long 'cause this Commission is probably sick of me dealing with this, although I think it's a great issue. Starting with something you said, 3.5 officers per 1, 000, but we know the City of Miami goes from 420, 000 people to -- Mr. Martinez: Five hundred and sixty, right. So -- Chair Sarnaff: -- 560. Mr. Martinez: -- I -- in my instructions to them, I wanted to also address our visitors, our daytime visitors because us [sic], unlike other cities, have that huge -- I think it's like a 38 percent increase in population during the day, so I wanted our approach to he able to handle that. Chair Sar Haff • So then my question to you is, is your 3.6 or 3 point -- I don't know -- 3.5 -- I don't want to get you ahead ofyourself -- your 3.5 officers per 1,000, is that based on a population of 420 or 560? Mr. Martinez: Four twenty. Chair Sar Haff • Should we be haling it on 420 when we have 560,000 people on a daily basis? Mr. Martinez: Remember what I said, we're going to have super short term, near term, medium term, and long term. Addressing the -- I think we need to address, you know, at least heing able to budget and finance the 3.5 based on our population and then go up to maybe another ratio of 4.0, 4.06, like the northeastern states so -- but we -- I think we need to do it in increments. Let's do it. Let's finance it. Let's see how it works and let's see what -- I think he's made some extrapolations of what reduction in crime would he if we hired the extra officers. City ofMiand Page 98 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Chair Sarnoff: And the last thing I want to address 'cause I didn't hear it. I didn't hear anything about DOJ (Department of Justice). And I just want to know who standing amongst you is going to figure out the DOJ scenario. Vice Chair Gort• There's not DOJ. There's no longer DOJ. Chair Sarnoff: It's not the Department ofJustice consent decree? Chief Orosa: In regards to? Chair Sar naff • Hiring. I'd like to believe that was the quagmire all along. Chief Orosa: Well, the issue with DOJ is they don't mind who we hire, as long as we hire in accordance to what they think is right, and we are doing that right now as we speak. We are -- we just hired the last 33. We got no prohlems fano them. We are hiring now the 18; no problems from DOJ. And the initial breakdown of'the ones we have to send to the academy, they were ecstatic with the ethnic and gender breakdown. Chair Sarnoff: Okay. Vice Chair Gort: You mean to tell me we're still under the DOJ --? Chief Orasa: Yes, only for the ranks of police officers and lieutenants. Everything else in the City has been removed. At one point all positions in the City, not just the police department but in the City were covered under DOJ and eventually, everything has been removed, except police officers and lieutenants. Chair Sarna. f: So your strategy is to still work within the DOJ 77191 consent decree? Chief Orosa: Correct. Chair Sarnoff: And you feel like you're comfortable, don't need any kind of consulting help, any kind of help from. this Commission to give you an allocation, resources, whatever you might need to help interpret or get the D -- so the DOJ has not been an impediment to you? Chief Orosa: The issue is that we are hiring based on the concerns placed upon us by DOJ. Anything else in the hiring process to speed it up, that has nothing to do with DOJ,- has to do internally within the City. Chair Sarna.f: And will you come back to this Commission in 30 days with how internally things are fixed, how the combustion engine now operates instead of at four cylinders, at like an eight -cylinder engine? Mr. Martinez: Yes, sir. Vice Chair Gort: Nat only -- Chair Sarnoff: Thirty days enough? Mr. Martinez: Thirty days, we should he able to analyze our internal process and figure out areas where there's flow time or stop points or clogging and tell you what we're doing about it, whether it's putting more people in personnel to do the backgrounds and the screening or that type of thing. We should be ahle to do that. And maybe move positions from other departments into HR (Human Resources) if we, you know, some help in doing screening. City ofMiand Page 99 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Chair Sarnoff: Is there any advantage to doing it the way the County does it where they're --? Mr. Martinez: Danny, can you answer that, 'cause he gave me the insight on the way the County does it. Commissioner Carollo: Yes. Daniel Alfonso: Danny Alfonso, Budget director. We actually already met. We had our first initial meeting last week and talked to the Police Department and Human Resources to try to identify where is that log jam, what is going on. The Police Department made some suggestions after having visited the County, and they're actually going to come up and give us additional suggestions. One of the suggestions was very simply creating a form that would speed up the process of -- from the point that the applicants apply and that list is transferred over to the Police Department so they can start their backgrounds, et cetera. The Human Resources director is working with our NeoGov group to make sure that we can do that. And we have a follow-up meeting. I believe it's February 7 or 8. And by then, that should be done. So that resolves the time period expedition of from when people apply to the time when the police of start doing the hackgrounds. That was one of the prohlems. We are working on the back end now. Because right now, as a matter of fact, all the police officers that are being recruited, the list -- whether it's certified or noncertified -- have already been given to the Police Department. So right now the Police Department is processing those personnel. And in the budget office, we have created alternate positions if we need to so that those recruitments can occur concurrently. The chief has stated that when we start exhausting this list -- we're not going to wait until the list is exhausted to do another advertisement. We're going to do some concurrent advertising. So those things we have put in -- we're talking about will be put in place. Those policies have been changed. We will clear those logjams out. The chief has expressed an interest in having a couple of additional positions to try to expedite processes on his side. The Human Resources Department has identified some positions where they need assistance. Because one of the issues that we have is when interviews, specifically, are done, and not only in the police officer ranks, but criminal investigators, the 911 operators, et cetera, the HR Department has limited resources. The interview process has to he overseen by a human resource specialist. At the same time, that human resource specialist, the same one, has to be doing screening. So there was some logistical issue there with doing hath things. So we're going to add some resources in Human Resources. The Human Resources Department, as I've stated before, has been reduced 50 percent over the last four years, so we're putting some resources back in so that there is no "Well, I can't do the interviews that day 'cause I don't have nohody to oversee it because that person is doing question reviews, " etcetera. So were identifying where the logjams are. We're putting resources back into it. You'll probahly see in the -- the Manager has the authority to add positions on a temporary basis. We'll do that. He has stated that he will do that. HR is going to move thatprocess. And then in the midyear, we'll come to you and say, look- we added, four positions here and two here to expedite this recruilment process. Chair Sarnoff: Danny, you're obviously our budget guy and obviously, you understand budget prohably any -- better than any of us. We did get you a half a million dollars from Ultra that could you -- you use the seed money -- Mr. Alfonso: Absolutely. Chair Sarnoff: -- to hire whoever or whatever you might need to move this process along. But I'm going to tell you this -- I don't know if anybody else up here -- I don't want to hear a gerund, we're doing working, thinking, meeting. It's got to come to an end. I mean, I'm surprised the Herald hasn't really just been harder on you guys. It's got -- the solution needs to be found. And Mr. Manager, I think it's going to take your direct involvement. You're good at this staff. Commissioner Spence -Jones: Mr. Chairman, I -- can we -- I know Tony's been standing there City ofAtiand Pane 100 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Anthony Hatten: Hi. Commissioner Spence -Jones: -- a minute and I want to respect (UNINTELLIGIBLE). Chair Sarnoff: Go ahead. You're recognized. Commissioner Spence -Jones: And he may have (UNINTELLIGIBLE). Mr. Hatten: Anthony Hatten, union president, Local 1907. I'd just like to know -- we need a date. And, you know, were talking about overtime. For 911 operators, it's gone through the roof; and I'd like to know if *the Chief knows what that number is because these could be people we hired fulltime and saved money. Same thing with CSI (Crime Scene Investigation), we're -- they're overworked and they're burning out. And if we have a prohlem where we lose a lot of them, it's going to be the safety of the officers on the street that are going to get hurt. And it's -- this is serious. I've been talking about this. I sound like a hroken record. But I've been talking about it, talking about it, but nothing seems to get done. Commissioner Spence -Jones: Now just so that I'm clear, though. The Chief *is really only speaking in reference to officers, because I'm assuming that's what the Chairman has been pushing, having more of on the street. Commissioner Carollo: Mr. Chairman. Commissioner Spence -Jones: I mean, that was a part of the -- your -- the last -- Chair Sarnaff: The other ones. T'ice Chair Gort: Nine eleven operators is important. Commissioner Carollo: Yes, but every time that Commissioner Sarnoff-- or Chairman Sarnoff has brought that issue, I have brought the issue of dispatchers because dispatchers are really the first - Commissioner Spence -Jones: No. I think that -- Commissioner Carollo: -- line of defense. Commissioner Spence -Jones: I know. Commissioner Carollo: And in all fairness -- Commissioner Spence -Jones: I'm not disagreeing with you. Commissioner Carollo: Right. Commissioner Spence -Jones: I think that it's definitely necessary, but Tni just wanting -- I want to he clear with the Chief that that is his intention as well. Commissioner Carollo: No. Ahsolutely. And every time that Commissioner Sarnoff has brought up the police officers, I've also piggybacked on it and mentioned about the dispatchers. Commissioner Spence -Jones: I know what you mentioned, and we mention a lot up here. City ofMiand Pane 101 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Commissioner Carollo: No. I hear You. I hear You. Commissioner Spence -Jones: Okay. Now, well, mention it and whether or not it translates is the question. So when Pin hearing the Chief talk about offs - when I'm he liinaspeak it sounds like he's talking about officers being interviewed. He can correct me on the record. Commissioner Carollo: Well, yes. However -- Chief Orosa: Our -- Commissioner Carollo: Well, I'll let the Chief speak. Chief Orosa: Commissioner, our hiring issues are with ever,vone, not necessarily just officers. Commissioner Spence -Jones: Okay. So the 33 people that you're talking about, they're not officers, or 507 Chief Orosa: Those are police officers, yes. Right now -- Commissioner Spence -Jones: That's what was registering in my head. Chief Orosa: Right. Commissioner Spence -Jones: You said 33 officers. Chief Orosa: Right. Commissioner Spence -Jones: Right, so - and that's fine 'cause we need more officers. But I'm hearing 33 officers and I'm not hearing the other ones that still have to go through a process -- Chief Orosa: We're -- Commissioner Spence -Jones: -- which is what Tony is talking about. Chief Orosa: Right noir we have 10 dispatcher vacancies and we have 12 candidates, so we have to do interviews. Commissioner Spence -Jones: Okay. Chief Orosa: So we're waiting right now, for those interviews to occur. Commissioner Carollo: Chief, however -- and I'm sorry to interrupt you. How many dispatchers were recently hired, and out of those, how many did we maintain, because we have hired. So it -- Commissioner Spence -Jones: And then, Chief, I want to just he clear. When you said DOJ, you know, DOJjust not only with the officers were you -- you said but DOJ had a issue just in general, all the way around. Chief Orosa: No, just -- Commissioner Spence -Jones: Okay. Chief Orosa: -- police officers and lieutenants. Commissioner Spence -Jones: Just the police. City ofAtiand Pane 102 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Chief Orosa: Yes. Commissioner Spence -Jones: But they dropped it on -- Chief Orosa: In 1977 we entered a content [sic] degree [sic] for every single position in the City ofMiami, not police but everybodv, from Parks to -- Commissioner Spence -Jones: That.,; what I m -- right. Chief Orosa: -- Budget to everything. Commissioner Spence -Jones: So that was in 19 when was it? Chief Orosa: Seventy-seven. Ince Chair Gort• Seventy-seven. Commissioner Spence -Jones: Okay. Chief Orosa: they came in and investigated in '75; in '77 they -- we entered an agreement with them to do things their way. Commissioner Spence -Jones: Okay. And then it -- dropped it when? Chief Orosa: From that agreement, only police officers and lieutenants are still under their purview. Everything else was -- has been lifted. Commissioner Spence -Jones: No. I was just curious when it started. Commissioner Suarez: Mr. Chairman. Chief Orosa: But to answer Mr. -- Chair Sar naff • Wait, wait, wait. Chief Orosa: Yeah. Chair Sarnoff: Go ahead' answer the question with regard to what you're doing just with 911 operators. Chief Orosa: Okay. The dispatchers, we got 10 openings; we got 12 candidates. We have more candidates than openings, so interviews have to be conducted. So we're waiting for those interviews to be conducted. Chair Sarna. f: So by the time you come back to this Commission next time -- Chief Orosa: Correct. Chair Sarnoff: -- they will -- those interviews will have been conducted and you will have issued letters of whatever you need to do, right? Chief Orosa: I'm hoping I can do that, yes, sir. Or the second scenario, the interviews would not be conducted; people drop off, and we hire the ones left over. City of Atiand Pane 103 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Chair Sarnoff: Go ahead, you're recognized, Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. And these are dispatchers that are already trained and ready to go or do they need --? Chief Orosa: No. We have to train them. Commissioner Carollo: And how long is training, because --? Chief Orosa: Eighteen months. Commissioner Carollo: Yeah, that's what I thought. Chair Sarnoff: How long? Commissioner Carollo: Eighteen months. Chief Orosa: We -- to answer your question previously -- Commissioner Carollo: Right. Chief Orosa: -- we hired 11; 4 remain. Commissioner Carollo: Right. So out of the 11 -- and that was the issue that I think is happening. Out of *the 11 that were hired, only 4 -- let me tell you something. It's a stressful job. Chief Orosa: Yeah. And not everybody can talk and type and listen at the same time. Trce Chair Gort• It's not an easy job. Commissioner Carollo: And give information, 'cause a lot of times the officers are counting 100 percent on the information given. They're going to a call and the only thing they know about this call is what the dispatcher's telling them. So its a very highly stressful joh. And what I'mafvaid of is -- and I think Mr. Hatten has mentioned it, you know several times -- is that the dispatchers that we have right noit, are getting burnt out. So I don't know. And my suggestion, Chief, instead of having 10 applicants, see how, you know, we get more than 10. We have 20 or 30 because we already know that the drop off ratio is rather high. Chief Orosa: Well, we started with more and were left now -- based on everything that we disqualify individuals fir, we're left with 12 to fall 10. Chair Sarnoff: Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. As far as your gerund comment -- and I don't avant to heat a dead horse. I think everyone knows how I feel about this issue, and I commend you for continually bringing it up over the last year and a half. I just wanted to note fbr- the record that according to the FBI (Federal Bureau of Investigations) and the time that you've been bringing this discussion item about the deficiency ofpolice officers in the City ofMiami that have been budgeted, our crime rate, according to the FBI, has increased by over 15 percent in that time. So I think it does have an impact on the quality of life of 'our residents. Thank you. Chair Sarnaff: Anyone else? Mr. Hatten: Chief, can you give me a -- do you know what the overtime we're paying for the 911s? City ofMiand Pane 104 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Chief Orosa: Don't have that number with me, but I'll he more than happy to find out and give it to you. Mr. Hatten: Okay. You can give it to the Commissioners. Mice Chair Gort: Mr. Chairman. Chair Sarnoff: And -- Chief Orosa: Okay. Chair Sarnoff: Go ahead. Let Commissioner Gort, then coming back to Commissioner Carollo. Vice Chair Gort: The meeting we had, a lot of the rules of civil service and the ER (Employee Relations), they go back to 1977. I've asked all the department director to please come up with idea, suggestion, what changes need to he made so we can bring it to this Commission and make the changes to be able to expedite. We have policemen, we have 911, but we also have about 300 people that going to be leaving this year and next year, my understanding, it's about 400 people. If we don't expedite the way we've been hiring people, it's going to he a problem. So I requested each department director to come up with suggestions, idea. And the same I requested of the unions, come up with ideas. We can take care of Labor Relations and bring it to this Commission here, but we need to do it now. Chair Sarnoff: Commissioner, just put the accurate numbers out there 'cause -- the accurate numbers -- if,you intend on increasing your manpower by 300 officers -- 100 officers for the next 3 years, you would have to hire 650 officers to o feet where you find yourself right now. Commissioner Suarez: The DROP (Deferred Retirement Option Plan) reductions. Chair Sarnoff: And by the way, your patrol division right now is 450 officers, to show you what kind of a mountain we're trying to climb. Chief Orosa: But -- Commissioner Carollo: And -- Chief Orosa: -- the mountain can he climbed. Right now we average about 150 cops passing through our academy, cops that we do not hire. Chair Sarnoff Right. Chief Orosa: We can expand that capacity to about 200 if we just wish to do so by putting more personnel there, putting more classes. Now we don't have the capacity to hire 200 in a year, but we have the capacity to put 200 through the police academy. And the comment Commissioner Suarez says, is there any particular crime or it went 15 up percent, because we provide the numbers to the FBI? And last year it went up four points and this year, it appears it's going to go down two points. So I -- Commissioner Suarez: I'll provide the information to you, Chief. Chief Orosa: -- don't know specifically which ones you're talking about. Commissioner Suarez: The ones I'm talking about is the crime rate that's published by the FBI and the FDLE (Federal Department of'Law Enforcement), so I have no problem sharing it with City ofAtiand Pane 105 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 you -- Chief Ornsa: Okay. Commissioner Suarez: --so that you can see its overall crime rate. I think the FBI has an additional category for property crimes that the FDLE doesn't have. But I'll share both -- one of them is 2011 and I think the second one is 2012, which is a midvear. Obviously, the 2012 crime statistics haven't been puhlished for the entire year but it's a midyear, and I'll share that with you just to make sure thatyou confirm that those numbers are accurate. Chief Orosa: Okay. Chair Sarnoff: All right. Any -- Commissioner Gort. Vice Chair Gort: You know, this academy, my understanding, people have to pay $10,000 to go through that academy. Chief Orosa: Yes, sir. Vice Chair Gort: And once they come out of the academy, they have certain qualification. Chief Orosa: They're certified, yes, sir. Vice Chair Gort: They're certified police officers -- Chief Orosa: Correct Vice Chair Gort: -- that need additional training. This is something that I talked about. We have this young people going in, paying $10,000 to get qualified and we can't hire them. Chief Orosa: Well --yes, we can't pull them out and say you're hired. They have to go and do the process like everybody else. Vice Chair Gort: I understand. But isn't it a lot easier than someone has not gone through the academy? Chief Orosa: Yes. Vice Chair Gort: Okay. Chief Orosa: To save time. Vice Chair Gort: You know, that's -- Commissioner Carollo: Mr. Chairman. Chair Sarnaff• You're recognized. Commissioner Carollo: Thank you. Two questions, so some -- let's say a student that's going through the academy right, cadet that's going through the academy right now and passes, is state certified passed -- I forgot what BAT (Basic Abilities Test), the state exam. Can then they come here to the pol -- to our police department and apply? Chief Orosa: They apply and they will be put on a list like everybody else and they will -- depending on where they come out on the list, they will -- once we get to his name or her name, City of Miand Pane 106 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 we do the background, we do the processing like evervbody else. Commissioner Carollo: Ana, see, what I don't understand is why don't we just go through that list and do more? That's what I'm not understanding. Where are we with the list? Chief Orosa: Once the list comes out, we have to process the veterans first because they -- by federal -- Commissioner Carollo: Okay. Cltief Orosa: -law, they have - they get preference points. Then we do City residents, City employees, and then we do eveiyhody else. So if the individual, for example, is from Hialeah and goes through our academy and they apply, thev're going to wind up helow the veterans, out- people, urpeople, and City residents -- Chair Sarna. f: But -- Chief Orosa: -- that could not have any experience at all and they will wind up below them. Chair Sarnojj. But the thing that really slowed you up -- 'cause I want them to know what I know -- is you have to finish the list so it doesn't seem like you're being preferential to the next person. You don't want, oh, I have a fYiend. That person needs to be on that list. The problem you're, facing is to get to the end of the list has taken you an exorbitant amount of time, and a lot of those lists were stale. They were very, very old. They were old lists. So a guy that applied a year ago, nine months ago says I got a joh, but you have to finish getting to that list. And the longer they sat on that list, the less likely they are to still want the job. So it's -- you're almost a victim of having to go through the end of the list. Chief Orosa: Well, those two stale lists that we used to have, we got rid of those lists. We stopped working on it once we proved they were stale. These are no -- not -- no longer any -- stale. The -- what happens with these is that we go through the process; and sometimes waiting to hire the individuals, they go and get another job elsewhere. Chair Sarna.f: And the other two things you did away with, so the Commissioners should know, I -- you had an impediment with a -- I know it's a physical agility test but it was a wall that some of the women couldn't get over. Chief Orosa: The first thing we got rid of was the civil service exam. Chair Sarna.f: Your own. Chief Orosa: It was a -- our own that has been here for many, many years. And once the State took overproviding, those initial exams, we should have dropped it; we never did. And we were having two exams. So that was an extra layer of *a couple of months at least for the exams. Then the other thing we just currently changed was the physical agility. The physical agility that we've been conducting. for almost ever was gender -bias against females. So we went with the physical agility exam that the federal government uses and other departments that have been under consent decree have turned to use, so we started using that. And those are the numbers that look promising in the first batch of the people we were sending to the police academy. Chair Sarnojf: Okay. Commissioner Carollo: Mr. Chairman. Chair Sarnojj. You're recognized. City ofMiand Pane 107 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Commissioner Carollo: A few more questions. With regards to the County, do they have a civil service exam? Chief Orosa: No. Commissioner Carollo: They do not. They did away with it with the State. Chief Ornsa: Yeah. Commissioner Carollo: Once the State exam -- something BAT. I forgot. Chief Orosa: Correct. Once the State took over giving those initial -- Commissioner Carollo: Got you. Chief Orosa: -- exams, a lot of agencies said, Okay, we're not going to give you an exam. Commissioner Carollo: Got you. Chief Orosa: But we kept ours. Commissioner Carollo: And physical agility, does the Counly have a physical agility test? Chief Orosa: Yes, they do. No, no, no, they don't. Vice Chair Gort: No. Chief Orosa: I'm sorry. Commissioner Carollo: I want to make sure because -- Vice Chair Gort: Uh-uh. Commissioner Carollo: -- listen -- Chief Orosa: No. Commissioner Carollo: -- I know we need officers. But at the same time, I don't avant to start lowering standards -- Chief Orosa: No, no. Commissioner Carollo: -- and get into a bigger issue in the future. Chief Orosa: They did away with their physical agility, I want to say, a few years ago. Commissioner Carollo: Okay. The last thing, Chief, and this may either remove some of the alarmness [sic] of some of 'the residents or really get them alarmed. Out of those vacancies, how many are road patrol officers? Chief Orosa: Very few, because ave just did a bid and our priority was loading up patrol and not any police officers. Commissioner Carollo: So, realistically, even f*we did hire these extra police officers, the City ofAtiand Pane 108 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 average residents wouldn't see additional road patrol officers in the streets? Chief Orosa: Right. Were keep shortages in investigations and shortages in administration. Patrol, for a lack of a better road, is almost fully equipped with the few suspicions we had, but we knew it was coming, so we increased our numbers by about ten more of that the capacity ofpatrol so -- Commissioner Carollo: And that's important to know that. By all means, that doesn't mean that I don't want to see more officers 'cause I do. But at the same time, that's something far everyone to also keep in mind that, you know, when it comes to these vacancies ofofficers, we're not talking road patrol officers. We're talking from investigative and from other areas. Chief Orosa: There could be a bicycle patrol here -- Commissioner Carollo: Got you. Chief Orosa: -- bicycle there that we haven't filled. Commissioner Carollo: Special units. Thank you. Chief Orosa: Special units. Chair Sar Haff • All right, anyone else? That's it. Chief, Manager, 30 days come back to us without a gerund in it. We have completed and have found, resulting in. I know you can do it. Mr. Martinez: We'll definitely have a report that identifies and suggest improvements on the systemthat we have. Chair Sar Haff • Gort's recognized. Mice Chair Gort: Mr. Manager, let me ask you a question. Have you received any recommendation for any department director yet? Okay, thank you. Chair Sarna. f: All right. I'm going to do everybody a favor. I'm going to spare the rest of my blue page items, but I will bring them back, but I'll bring them back. judiciously. D2.2 DISCUSSION ITEM 12-01391 DISCUSSION ON DEMOLITIONS PERFORMED WITHOUT PERMITS AND/OR CERTIFICATES OF APPROPRIATENESS. 12-01391 Email - Demolitions Performed without Permits.pdf NO ACTION TAKEN D2.3 DISCUSSION ITEM 12-01397 DISCUSSION ON TRASH HOLES. 12-01397 Email - Trash Holes.pdf NO ACTION TAKEN D2.4 DISCUSSION ITEM 12-01398 City of Miand Pane 109 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 DISCUSSION ON RESIDENTIAL PROPERTIES RENTED FOR COMMERCIAL PURPOSES. 12-01398 Residential Properties Rented for Commercial Purposes.pdf NO ACTION TAKEN D2.5 DISCUSSION ITEM 12-01466 DISCUSSION REGARDING CONTRACTORS' NEGLIGENCE IN FAILING TO PROTECT TREES. 12-01466 Contractor's Negligence - Failing to Protect Trees.pdf NO ACTION TAKEN END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO D3.1 DISCUSSION ITEM 12-01291 PROCEDURES REGARDING THE CIP PROCESS IN ORDER TO BETTER THE INFRASTRUCTURE AND SERVICES TO THE COMMUNITY. 12-01291 Email - CIP Process - Infrastructure & Srvcs.pdf 12 -01291 -Submittal -Mark Spanioli.pdf DISCUSSED Chair Sarnaff: District 3, D3.1. Commissioner Carollo: Thank you, Mr. Chairman. I'd like to start with the first item, which I have deferred, I think, at least once. It's regarding the CIP (Capital Improvements Program) process. And let me begin by saying that -- and I've mentioned it before -- Pni frustrated with the CIP process. And I want to state that this is nothing against our new director fronaCIP, Mr. Spanelli [sic]. As a matter offact, I could even say that Pni frustrated with how much turnover there has been there. You're our fourth director- of -- Commissioner Suarez: CIP. Commissioner Carollo: -- CIP since I've been in office, and I'm hoping -- Chair Sarnoff: But he's the best -looking one. Commissioner Suarez: He's got the most hair. Commissioner Carollo: I don't opine on that. I do -- I don't opine on that. What I do opine is the -- what I do opine is on the services to our residents. And I have to admit, there's been a couple of projects that have beenfinally gotten off the ground and were completed. And the ones that were completed were actually done very good, so thank you. However, were still a long, long ways from where we need to he. And I just want to make sure that you understand that it's City of Atiand Page 110 Printed on 212512013 City Commission Meeting Minutes January 24, 2013 not necessarily -- and you've seen over the months, you know, Tin fi^ustrated with this because it's just been -- we're talking three years. And realistically, when I see that a stadium is built in two and a half vears, when a McDonald's is knocked down and rebuilt in 30, 45, 50 days, and it takes 8, 10 months to a year to just break ground on fixing a street, that is very frustrating. And how do you explain that to a resident? I don't have an explanation -- Commissioner Suarez: You can't. Commissioner Carollo: -- to he honest with you. I really don't have an explanation. And therefore, I want to discuss this process. I want to see how we enhance, make better, even fix the process because it's just -- realistically, it's unacceptable that from the approval of the Commission to breaking ground, it takes a year. Now, again, I don't want -- Commissioner Suarez: More, right. Vice Chair Gort: Two years. Commissioner Suarez: Right. Commissioner Carollo: I'm looking at this to he positive, so Fin not going to bring a long list of projects that I could show you B numbers and show you this has taken over a year, this has taken over two years, this has taken -- you know. What I want to see, tf we could discuss what is the process. Let's say a resident calls and, legitimately, you know, the curbs are falling apart, the street has holes, and it's not just a Public Works issue. It's actually the whole street. What's the process? Mark Spanioli (Director, Capital Improvements Program): Commissioner, actually, I did prepare a handout in preparation.for this and I'm going to walk around and pass it out. Commissioner Carollo: Good. As a matter of fact, I asked about it yesterday from the Manager and received the answer that we don't have anything, so I'm glad (UNINTELLIGIBLE). Johnny Martinez (City Manager): No, no, no. What I said was I didn't have it. Vice Chair Gort• My understanding is, every time you come up with something like that, they has to go into design and whatever other -- and that takes two to three month. Then after they get the designs or they get the plans, then they have to go to bid and they bid it. You have to give the person 60 days, although this is something that they do every day. So this is something that I've been talking to him also, and he's trying to crone up with suggestion on how to shorten this type -- 'cause it's taken me about a year and a half or two years to get anything accomplished and that -- Commissioner Carollo: Right, and that's why I want to discuss the structure. Because, Commissioner, I mean -- listen, how can a McDonald's he torn down -- I mean, knocked down and rebuilt and ready for operations within 45, 60 days, and it takes us that long or actually takes us a lot longer just to do the design on a street. I mean, it's cookie cutter. I mean, the approaches, the curbs, milling and resurfacing, you know, maybe some drainage here and there, but I mean, it's pretty cookie cotter, you know. I -- it's just unacceptable. And how do you explain that to a resident? Commissioner Suarez: You can't. Commissioner Carollo: Commissioner, hold on. They just rebuilt that McDonald's in 60 days. What do you mean it takes a year for -- after you pass Commission, for it to, you know, break ground? And I don't -- I really -- I don't have an explanation, but I'm really frustrated about it. City ofAtiand Page III Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 So I want to be able to structure it a little bit more and go through the process, maybe process by process, so we could see, you know, where -- you know, where's the extra time going to. Mr. Martinez: Commissioner, may I add something? Commissioner Carollo: Sure. Mr. Martinez: You know, I've tasked on Mark to look at this. I would view it as they're three separate timetables. There's the time that it takes to get the consultant on board and then he does his professional services. There's the administrative time where one -- you know, where we have to bring the project to the Commission, to a Commission meeting and get it approved. And then we have the construction timetable. Commissioner Carollo: Yeah, yeah, yeah. But Mr. Manager, I am talking f oin Commission approval. Mr. Martinez: Commission approval to do the project. Commissioner Carollo: From Commission approval to breaking ground, it takes 8 to 10 to a year, 8 to 10 months to a year. Mr. Martinez: Right. But Commission approval includes the professional services to design the project. Commissioner Carollo: All could tell you is once it passes Commission meeting, takes about a year for it to break ground. Mr. Martinez: It comes to Commission twice. It comes to approve the project and the professional service. And then once that goes through the process to get the contractor on board, it comes back to the Commission to award the contract. And then from that point, it usually goes pretty quickly. One of *the areas that Pm truing to reduce is the amount of time that it takes for a project to do construction. 'Cause right now, the way I understand it is the professional service part of the task estimates the construction days and we use that and we put the project out, for bid. What I i - van t to do on certain projects is have the contractors compete, for the time. In other words, it may cost me $1, 000 more, but they're going to do it 30 days or a month sooner, so have the contractor not only compete for the bricks and the concrete and the paving but also compete on the time, and get the best combination of time shortest and value for the works that needs to he done. And we're going to he looking at changing whatever legislation we have or codes in order to have the element of time included in the hidding process to kind of speed that up. Commissioner Carollo: Is it possible to have it little bit more structured, like once we identify that there's a street that needs repair, what does -- let's say it passes Commission meeting on the first time because then you have to approve the project and all that. But let's say it passes Commission meeting. Now what? Where does it go? Mr. Martinez: Once a project passes the Commission meeting, we have to assign it to one of our consultants. They go ahead and they do a survey, design the project. Commissioner Carollo: And by the way, our consultants are outside agencies, right? Mr. Martinez: Yes. We have some on board and some, depending on the size of the project, we'll hire a consultantfor- the specific project. Commissioner Carollo: Now -- City ofMiand Page 112 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Mr. Martinez: But we have a pool of consultants that we can use, so that saves time. Commissioner Carollo: So you say that you have some on board. Mr. Martinez: Yes. Commissioner Carollo: So they're City staff Hr. Martinez: No. They're miscellaneous consultants. They're there -- when we need them, we pick them. We say go ahead and design this. Commissioner Carollo: Okay. So how long does that process take? Mr. Martinez: Well, we're -- Commissioner Carollo: We're talking cookie -cutter streets. We're talking, you know, milling resurfacing, some curb, some approaches, and some sidewalks here and there. Mr. Martinez: I know that -- Commissioner Carollo: Cookie cutter. Mr. Martinez: -- I know you refer to them as cookie cutters, but not every street has the low points and the drainage points in the same spot. Not every street has the same need for resurfacing, milling. Some need base repair. So even though you use the word cookie cutter, not every street is the same, not every length is the same, not every low point is in the same place, so that need to be surveyed, engineered, and develop the plans. It shouldn't --.for the type of projects that the City does, it shouldn't take that long to develop the plans. It should not. Commissioner Carollo: Okay. So it goes to a consultant. How much time does that consultant have? And I know what's the usual amount. Three months. Hr. Martinez: That's one of the areas that Mark is cracking down on is shortening the time that the consultant has to produce the plans. Commissioner Carollo: Okay. So the consultant produces the plans within what, three months? Mr. Martinez: It depends on the scope and the size of f the project. Utility coordination -- it just -- there's a lot of steps -- surveys -- involved. Commissioner Carollo: So can you give me a time frame? Because I want -- Mr. Martinez: Maybe -- Commissioner Carollo: -- to see how it's taking a whole year. Mr. Martinez: -- we can use like a -- Mr. Spanioli: I can -- Hr. Martinez: -- standard project of a milling and resur facing. Mr. Spanioli: A one -block section of roadway that maybe has milling and resurfacing, some minor curb repairs, driveway aprons, maybe some minor drainage, before I got here, the City ofMiand Page 113 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 consultants were asking for three months. Commissioner Carollo: That,,; normal. Mr. Spanioli: It's in my opinion that's too long. And we -- all the new work orders that went out since I got here, we reduced the time by a month. So the design time that they're allowed is two months. Now that does -- that is -- that's the allowed time for their design. When you have a project of that type, you still need to request a survey. We have our miscellaneous survey consultants. That's the first you would do, is you get a survey fir the project. Once you have your survey -- survey is usually -- once you issue the work order, it's a week's time. So you got a week, plus the two months of design time for our consulting engineers. Commissioner Carollo: Okay. Then what happens? Mr. Spanioli: After the plans have been designed, we get them permitted through Public Works Commissioner Carollo: Okay. Mr. Spanioli: -- both City and County because there's traffic control devices the County review. Commissioner Carollo: And what's the time frame there? Mr. Spanioli: Within that time frame, there's always the possibility of utilities that are conflicting with our engineer's designs that need to be coordinated. That -- I would say that could add a little hit of 'time, but not drastic amount of time. Commissioner Carollo: No, no, no. Let's go plain Jane. Let's not complicate things. 'Cause if we play the what -if game, I mean, we'll be here all day. Mr. Spanioli: Plain Jane, but you Commissioner Carollo: Let's go plain Jane. Mr. Spanioli: I'll give it to you -- Commissioner Carollo: What's the time fi^ame? Mr. Spanioli: -- City straight up. You get your permit, that's another week's worth of time if everything's in good order; that Public Works is not backed up. The County's got to look at it; that's another week on top of that. Commissioner Carollo: But you're talking -- Mr. Spanioli: If we're using a JOC (Job Order Contract) contractor, which is one of our -- I'm sorry. Commissioner Carollo: Yeah. You're saying two months, one week, and now two more weeks. So were at, what, three months, more or less? Mr. Spanioli: Three months, that's correct. Commissioner Carollo: So I still don't know how this is taking a year, but let's -- we'll continue. So Public Works takes a week, you said? City of Miand Page 114 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Mr. Spanioli: If everything is in working order and they're not backed up, yes, it's a week. Commissioner Carollo: Now you know I'm going to hold you to this timeline, right? I'm going to hold the Manager to this timeline. Mr. Spanioli: If it's a basic project that has basic elements and no major conflicts and nothing out of the ordinary and it's a small project, you can hold me to the timeline. Commissioner Carollo: Okay. So what happen after Public Works? Mr-. Spanioli: After we get our per nits f -om Public Works and at the same time, we're also preparing what's called our JOC book, which is the JOC contractors that we had, and this is only for smaller projects. We don't do this for million -dollar projects. The JOC coordinator and our JOC contractors have time to look at --look over the plans and prepare an estimate for the project; that's a 14 -day window. Commissioner Carollo: So two weeks? Mr. Spanioli: Right. Commissioner Carollo: Now what if we do not have a JOC? Mr-. Spanioli: Now, let me tell you this. Everything I'm giving you is all the technical stuff that CIP controls. There's a numher of items, including every time we issue a work order for all these consultants, those need to be reviewed and approved by different City staff; in addition to CIP. And that all happens -- Commissioner Carollo: Okay. Mr. Spanioli: You know, for our surveying, there's a work order that needs to he executed and -- Commissioner Carollo: As far as nay knowledge -- and correct me ifTmwrong, Mr. Manager -- are all the directors or pretty much all the directors here today? So they should be able to come up also and tell me what part of this do they participate and what's the time, frame, you know. And that's something that I've established quite a fnt, times, Mr. Manager, and it's part of accountability because when they start pointing fingers, you know, I want eves yhody to be there so they could all point the fingers at each other and look at each other in the face. So if ,you're saying other departments within the City of Miami take up time, well, let's start mentioning which departments and how much time fvame so we could have an actual accountability of how much is a project -- you know, how long it should take, you know. And I've been at this for three years, so I really, you know -- I want to make sure we get it straight, we know exactly what we have so we could see how long it should take and the residents know how long it should take and how long it will take for certain CIP projects to actually commence and be completed. Mr. Spanioli: Well, going back to the JOC, you got a 14 -day preparation of the JOC book. Commissioner Carollo: Two weeks. Mr. Spanioli: I'd say between the time that we receive the JOC book, we review it, and we issue a purchase order to that JOC contractor, his 14 days, plus our 14 days; another month. So you're talking four months. And keep in mind that this would be four months, plus the project comes into fvuition, the thought of the project. You know, the issue is, found, so that's -- then we put it, for appropriation. That all happens before all this. So just in order to get -- you know, I know you're looking at it from the point of appropriation, but just to get to the point where we bring it to Commission for appropriation, there's time lost. Because a request will come into our City ofMiand Page 115 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 office, we don't have money allocated to a project, and we need to bring it for appropriation. So that could be, by itself, two months lost in just trying to bring it here to get the money. Commissioner Carollo: Director Spanelli [sic], I'm notjustfocusing on appropriation. Mr. Spanioli: No, no, no. Commissioner Carollo: I'm focusing from start -- we're bringing something to your attention -- to breaking ground to the project being completed, you know, and appropriations -- Mr. Spanioli: I didn't say project completed. I said in, four months we start the project. Commissioner Carollo: And by the way, appropriations -- say that again. Mr. Spanioli: The time frame I gave you is to get to the starting point of construction, not to finish the construction. Commissioner Carollo: I understand. Okay, I understand. Now, appropriations, what takes place into appropriations? I know it comes to City Commission for approval. But what's time frame with that? Can it he -- doing it at the same time? I haven't -- you know, and that's where I've asked for the funding sources and how much money is here and there and so forth so -- Mr. Spanioli: And I promise to provide you that on Monday morning. Commissioner Carollo: Okay. But realistically, what's the timeftthere for funding sources? In all fairness, you should have that readily available. And if 'not, Finance could help. And it's all just bringing it to City Commission meeting, and that could he in the same time frame. Mr. Spanioli: I'll give you a perfect example. If your office request, for a neiv project of the one like the example were talking about, that request comes in. We can't start the project -- theoretically can't start the project and issue a work order to a surveyor to do the survey work until the B number is funded, which means we would have to come to Commission and appropriate the funds for that. Now, when you make the request, we put a scope of work together, a cost estimate, and we put it on the Commission agenda. That, theoretically to make the Commission agenda deadline, could be a month and a half, two months f -om the point of when you first made the request. Commissioner Carollo: In al1 fairness -- Mr. Spanioli: I m just let letting you know that. Just -- Commissioner Carollo: Oh, I know that, believe me. I know this like you have no idea, and I'm going beyond that. I'm actually giving you the benefit of the doubt with those two months. I'm saying from approval of City Commission. I'm giving you the benefit of those two months. And it's really -- I've seen one that's been done in a week, to he honest with you. But anyways, I won't go there. T'ice Chair Gort: Depends. Commissioner Carollo: The bottom line is -- yeah, I've seen it where it's been done in a week, but the bottomline is, I won't even go there. I'm giving you the benefit of the doubt. I'm saying from Commission meeting - And if you i -vara, I could go to my office and 171 give you a whole list of B numbers where you could see when it was approved by this Commission with a B number and then how long it took for it actually to start construction. So I'm not even going there. I'm giving you the benefit of 'the doubt. We're saying from approval of the Commission, okay. And so City of Miand Page 116 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Jar we've got, you have to contact the design consultant -- that takes two months -- then you do a survey and that takes a week: then you have to contact Public Works and that's another two weeks, Public Warks for the City, Public Works for the County. Then you go JOC,- it takes two weeks. But then the City takes an additional two weeks, so that's how we get the, four months, more or less. Correct? Mr. Spanioli: That's correct. Commissioner Carollo: Now, at that time, does it breakground? Mr. Spanioli: We cart breakground at that point, yes. That's -- Commissioner Carollo: Are you sure? Mr. Spanioli: -- on a basic roadway project that does not have any -- Commissioner Carollo: Are you sure? Mr. Spanioli: I am sure. And— Commissioner Carollo: I could tell you -- Mr. Spanioli: -- that is what were working on in our department to continue to happen. Commissioner Carollo: -- this -- and he's not here, so I'm not going to, you know, get into too much detail. But the previous CIP director would argue vigorously against (UNINTELLIGIBLE). Mr. Spanioli: He would actually argue that because that is a process for a basic roadway project using a JOC contractor. Commissioner Carollo: Okay. Mr. Spanioli: If we have to bid this project out, the timeline is much greater. If the project is much more complicated with extensive drainage, the project time and design time is much greater. This is fora very basic project as you described. Commissioner Carollo: So milling and resurfacing in one street. Mr. Spanioli: Milling and resurfacing -- that's correct. That will be perfectly acceptable to fall into that category. Commissioner Carollo: With maybe an approach or two or maybe a little piece of curb, something like that. Mr. Spanioli: We might even be able to sneak that in there. But when it comes to drainage and other improvements of that nature, it becomes more extensive. Commissioner Carollo: Got you. Now, let's go -- instead of JOC, let's go to you bid it out. Mr. Spanioli: And actually that's -- I'm glad you brought that up. In your hand out -- on the second page of your handout, we put together -- Commissioner Carollo: And by the way, let me just rephrase. What Tm looking at out of all this, I guess you could call -- I don't know -- discussion, it's really to improve the process and make City ofAtiand Page 117 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 sure the residents know what it takes and then, you know, hold the Administration accountable for what -- how long it really takes. So, you know, I want this to he a positive. It's -- again, I realize you've been on the joh -- I don't know how many months now. It hasn't been that long though. Mr. Spanioli: It's my fourth month. Commissioner Carollo: Yes, your fourth month. So, you know, and I just want to make sure that we provide the services that we should he providing. Mr. Spanioli: I agree. Commissioner Carollo: Okay. Mr. Spanioli: On page 2 we developed a -- and actually, this was tasked to us by the Manager, and Mr. City Manager spent a lot of time working with us on how we could come up with a reduction in time. But on page two, we've developed a CIP procurement process time. Now, this is when yoti go out for- a formal bid process. The first column is what we've been doing, I guess, basically to date and you'll see the total calendar days at the bottom. In the second column is where our proposed compressed timeline that we're working on developing, which would basically bring the time down by 05 days so -- Ince Chair Gort: Let me interrupt you for a minute. Mr. Spanioli: Yes. Vice Chair Gort: Advertisement. Why does it have to be 30 days? This is a very unique field, only very unique people, veryfew industry perform this. Mr. Spanioli: I -- Vice Chair Gort: Is that because by code? Mr. Spanioli: It is by -- it's actually by state statute. Ince Chair Gort: State statute. Mr. Spanioli: Yes. I did look that up because you asked me, Commissioner Gort. Vice Chair Gort: No. I think it's important for people to understand the dates and so on and who imposes the demand for the amount of dates and what we can change to improve it. Some things we can't [sic], other things we cannot. Commissioner Carollo: Yeah. And that's why I just want to go down and see what we can approve, what we cannot, why, and get into the details. Now, before going in --you know what, no. Let's go into what happens now if we have to bid it out -- Mr. Spanioli: Okay. Commissioner Carollo: -- the timeline. But I do not want to forget when you mentioned that other departments are also working and I don't know exactly what they're doing. I've heard of -- you know what, I'm not even going to mention it. But I've heard other departments and you just mentioned that a little while ago, and that may take or make the project have what they call -- Commissioner Suarez: Slow down. City of Atiand Page 118 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Commissioner Carollo: -- time involved or slow down. So I do want to get back to that so we could exactly see where else we might get any kinks. But with that said, can we talk about going out to bid? Mr. Spanioli: Absolutely. And actually, this table that I've handed out, Alice Bravo and myself worked very hard. And she actually pulled a lot of strings hereto make sure that the other departments would work hand in hand with us in compressing their times. If you look at the chart, there's a number of times where we have to go to the Legal Department for review, Risk Management. You know, there's a number of areas where other departments are involved and they've all committed to putting as much effort into making this happen as quickly as possible. So that -- it's without question, we're all going to work hand in hand on this. I mean, we can go one by one, Commissioner. However you want to do it, it's up to you. We basically have spent a lot of time on this and have, like I said, brought it down by 65 days just with drilling down to each and every item that we do along the way, but I'm -- however you'd like to handle it. Commissioner Carollo: I like -- listen, and -- I apologize to my colleagues, but this is something that is extremely important to District 3 and I would imagine in some of your districts also. Commissioner Suarez: Every district. Commissioner Carollo: So I think -- you know what, I think it's time that we do drill down, we go item by item and we see exactly how much time it takes. I could tell you the numbers are very different from the previous CIP director, but you know what, I'm going with my current CIP director. And what I want is to improve this process, so let's move forward. Vice Chair Gort: Once again, any changes that you believe that can he done to whatever -- you have to go by that we can change it, bring it to us. Commissioner Carollo: Well, what he -- Commissioner Suarez: Right. Commissioner Carollo: -- what he's proposing or at least what he brought before us appears to be that. He's showing the current process, duration by days, and then he's showing a compressed timeline duration. Now, is this -- and I haven't had too much chance to read it. I -- Mr. Spanioli: I understand. I didn't know what the questions would he today so I brought whatever I could to -- Commissioner Carollo: Got you. Now, let me askyou something. This timeline, are we talking JOC or are we talking hid process? Mr. Spanioli: No. This is a conventional bid. This is not a JOC. This is if you -- you design the project and then you actually put it nut for a formal hid process and you receive bids and you event through the package and -- Commissioner Carollo: Okay. But it seems to me that you're talking, what, currently five -- about six months an you're going fioin six months to what, approximately four months? Mr. Spanioli: That's correct. And this would he the -- this is the timeline added to the point after you completed your design. So you basically would design your project and then you would start on task number two and move on from there. So it would he whatever the design time was for that project, plus 104 days under the compressed timeline. City ofAtiand Page 119 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Commissioner Carollo: Okay. Mr. Martinez: Commissioner, may I ask a question that may help? Commissioner Carollo: You're showing zero design time. Mr. Martinez: The way -- Mark. Mr. Spaninli: It just means task one, we handle the design to start the hidding process. Doesn't Mr. Martinez: Mark, the way the timeline is constructed, is it sequential or have you taken into account things that could happen concurrently? Mr. Spanioli: In this particular case, we have taken into consideration things that can happen concurrently. Mr. Martinez: Concurrently, okay. Commissioner Carollo: So you're allocating -- and again, I just want to make sure I understand your schedule here. You're allocating zero time for design. That's because you're saying that design is actually not taken into consideration so -- Mr. Spanioli: This timeline is strictly the procurement process, not the process of designing the project. This is strictly the point where you start bidding it. Chair Sarnojf: Well, a notion becomes an idea becomes a concept becomes a plan, and that notion usually starts in a Commissioner's head or comes .from a constituent saying -- T'ice Chair Gort: Complaints. Chair Sarnoff: -- have you thought about. Commissioner Carollo: Absolutely. Chair Sarnoff: But he's saying it doesn't include the notion/concept/plan idea. It doesn't include that process. And that can take -- Mr. Spanioli: This is simply just the hidding process. Chair Sar naff • That could take -- Mr. Spanioli: This does not include the time it takes for an architect or an engineer to design the road or the building or whatever we're doing at that point. This is strictly the point of where we finish our design -- Mr-. Martinez: Mr. Chair. Mr. Spanioli: -- and we're -- sorry. Mr. Martinez: Takes for instance, Marco Island. That,,; a very complicated, design -intensive -- Ince Chair Gort• That took a long time. Mr. Martinez: -- pumps, generators, drainage. That's -- that timeline, to design, that takes much City ofMiand Pane 120 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 longer than the cookie cutter -- Commissioner Suarez: That,,; the exception. Mr. Martinez: -- milling and resurfacing a sidewalk here and a curb and gutter so -- Commissioner Carollo: Do you remember how much was that project, Mr. Manager? The -- Mr. Martinez: It was $2 million. I -- Commissioner Carollo: Right. Mr. Martinez: -- heard the other day. Commissioner Carollo: And were talking depending who you ask, 250,000, 50,000, 75,000, $100,000 projects. Mr. Martinez: No, no. No, I agree with you. I agree. Commissioner Carollo: That's before all the contingencies that are added. Mr. Martinez: Commissioner, I agree -- Commissioner Carollo: That almost doubles the amount. Mr. Martinez: -- I'mactually agreeing. But what I'msaying there's different categories of complicated projects, San Marco being at the top of the list, your typical in the roads, milling and resurface, maybe a curb and gutter here and there, sidewalk, flag here and there. It's a scale. Commissioner Carollo: I got it. Mr. Martinez: And that's -- Commissioner Carollo: I gat you. But I want a, you know, plain Jane, you know, typical project. I don't want, you know, some, you know, San Marco Island project. I want your typical project. Now -- Mr. Spanioli: Commissioner -- Commissioner Carollo: Yeah, I accept the (UNINTELLIGIBLE) -- Mr. Spanioli: -- as the director of 'CIP, I can't really tell you there is a very typical project. Commissioner Carollo: Right (UNINTELLIGIBLE). Mr. Spanioli: I mean, maybe some of the ones that District 3's been requesting lately are somewhat typical, but out of 300 -plus projects we have, they're all pretty unique. I mean, I'm not trying to simplify this, you know, but -- or make it more complicated, but every project stands on its own. I mean, the best I could give you on the short-term one or the short one is a basic milling and resurfacing with some minor improvements, and that one we can do relatively quickly. But they're all going to have different design times. If it's a community center, if it's a giant park if it's a - they all have different times. I mean, you have different types of consultants working on it, whether it he architect or an engineer or a structural engineer. You know, there's just so many components, but I -- we can continue. And I actually have some other ideas I'd like City ofMiand Pane 121 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 to share, if that's possible. Commissioner Carollo: But you agree, it shouldn't take two or three years? And we're not talking San. Marco Island. Were not talking -- Mr. Spanioli: Coming from private sector -- I did ten years in private sector in my career -- that's a long time. If' -- Commissioner Carollo: And build a stadium at that time. Mr. Spanioli: If we are given a -- you know, your McDonald's example is a good example and I appreciate that. I can tell you that the McDonald's example or Burger King or whatever, all those happened very quickly and it's for a lot of reasons. One is that -- Vice Chair Gort: Cookie cutters. Mr. Spanioli: You saw it happen ,f vin the day they broke ground, but you're not exactly sure how long it took them to design the place -- that's number one -- and how long it took them to get their permits. That's number two. In a lot of cases, we have very dijjicult permit hurdles to go through because it's not always the Citv of Miami handing us the permit, you know. Yeah, we all work hand in hand together in the Building Department. They give us the permits quickly as we like. But when we have to go to the outside agencies, it's not so easy. They treat us no differently than they treat anybody else. So yes, the McDonald's can he built quickly and a lot of those on top of it are cookie cutter. They have their --the same contractor they use in some cases regional wise, so they hying the same guy that does the Burger King and McDonald's in Georgia, they do it right here in Miami and he already knows exactly what's going to he doing, the same materials, same finishes. But tivo to three years for us is a long time. And in some cases, its not always the depariment's.fault. In some cases, it is changes that have been requested to the project scope of work. Sometimes we, finish a design. We finish a design, whether it he a roads-vay joh, a park job, a community center, whatever it might he, and we get -- we're already three-quarters of 'the way through the design and then it's oh, no, we'd like to change this. The community comes in; they want to add something else so -- Commissioner Carollo: I'm disappointed to say District 3 doesn't know what's that all about, but we're working there. Anyways, I think -- let's establish one thing. Going through the JOC process, start to finish -- you know, just like you're saying, McDonald's is a cookie cutter. You know, anyone would argue and say no. Actually, they actually have two driveways there, you know. It's not cookie cutters. Yeah, it may appear that way. But there's no two McDonald's exactly the same. So it's the same with many of these streets and approaches and sidewalks. Yeah, they all appear to be the same, but yeah, okay, there might be some variations, but pretty much, you know, it's the same. And what you're telling me is that from the time that we pass Commission to the time you break ground and put a shovel in the ground, it should take about four months? Mr. Spanioli: I'm comfortable with that. Yes. Commissioner Carollo: Okay, good. Commissioner Suarez: Yes. Commissioner Carollo: Novy -- Mr. Spanioli: And I will make you aware if it's not something that we can done -- that can be done. City ofAtiand Pane 122 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Commissioner Carollo: And by the way, for the record, change orders have not been the problem in District 3, and I think the Manager will attest to that. I think everyhodv will attest to that. Change orders have not been the issue with District 3. It's been the process and getting anything done there. I'm not even going to get into the guardrail, how long a guardrail -- a simple guardrail took. But anyivays, so were talking four months. Now, other departments. Other departments are going to interfere with this four months? And if they are, can you tell me where so we could address it with the Manager and see exactly where we could either speed things up or make the process better? Mr. Spanioli: I think at this point -- Commissioner Carollo: By the way -- and by the way, Mr. Spanelli [sic], I wouldn't say that I am asked with these details, butt am asked a lot by residents ofDistrict 3. Mr. Spanioli: Understood. Commissioner Carollo: So --and just like I say, listen, I don't have the answers, unfortunately, because it's all administrative. I don't know why it takes a year, you know. And I'm asking all these questions because, really, residents want answers. Mr. Spanioli: And by the way, we're happy to work with the residents. I mean, feel free to send them our way. We can go out and meet with them. I've gone out with -- we met with them if we have to. Whatever needs to he done to give them the information and let them know what's happening. Commissioner Carollo: Got you. Chair Sarnaff: Commissioner Suarez wanted to speak and I've been holding up. Commissioner Suarez: No. And I -- it's Commissioner Carollo's discussion item, so you know, at the end of the day, you know, he really has the floor on this issue. And, you know, I commend him for bringing it, just like I commended you for bringing the issue on the police officers, and I don't want to heat a dead horse twice in one day, but you know, I'm having the same problems. I mean, I've had projects that had been, funded, the allocation has been completed by this Commission where the funds have been in the B numher for over a year, in design, in whatever category the CIP Department wants to classes it in. I mean, I've done everything. I've done ride -- drive throughs. I've done -- you know, I was told three to jour weeks, three to four weeks, and then three or jour weeks later, I had to do another drive through. It's very frustrating. I have various examples of just doing one piece of a street, you know, from 16th Street, fYom17th Avenue to 18th Avenue, which has just a little -- needs just to be one blacktop over it because it has an erosion, to 17th Street, between 37th and 36th Avenue, which had flooding and then, you know, we were told by the -- I had spoken to the prior UP director and explained to him that it had to be -- the swales had to be done. They had to be paved because they're next to two commercial establishments. One of them is a funeral home and the other one is a laser eye center. And they -- if you put grass there, they're going to get destroyed, which they did; they put grass. They got destroyed. And I sent you the pictures of the destruction of those swales, so we wasted the money. When we finally got to it, which was a long time -- we finally go to it and then we didn't do it right. So, I mean, there's countless examples of that. Were not really even getting into hefore allocating the funds. I had a project -- this is hefore -- Mr. Spanioli, bejore you got there. This was actually in the time between Mr. Sosa and yourself, where we had an area between 42nd and 47th Avenue, between Flagler and 8th Street that hadn't been repaved for 20 years, and the residents expressed -- they wanted all kinds of things, curbing, they wanted a traffic circle on 40th and 2nd that we've been discussing, and -- but the thing that they wanted the most, which was the fastest, was just repaving the streets. Just locating the funds -- we still haven't even allocated the funds. We haven't even gotten that far yet. We're going to bring the City ofMiand Pane 123 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 allocation soon, I know. Mr. Spanioli: We actually have the funds allocated for that B number and anticipate milling resurfacing starting in February so --.for that area. Commissioner Suarez: We allocated those already? Mr. Spanioli: There was already money in that B number. Commissioner Suarez: Okay. Mr. Spanioli: What's happening was there was some additional requests that came through that brought us above the funding allocation we had. Commissioner Suarez: The cap. Mr. Spanioli: But we did have enough funds in that B number- to do the milling and resurfacing, which were starting in February. Commissioner Suarez: Okay. And that one's going to start in February? Mr. Spanioli: Um -hum. Commissioner Suarez: Okay. That's excellent news because it's been since August that we've been dealing with that issue. And the problem is it's very hard to explain in the community meeting -- and I'm sure we've all had our community meetings where you're before 30, 40 people and its very hard to explain look, we just lost our CIP director. We have a new UP director. I have to sit with him. 1 have to do the rides. 1 have to educate him on all the projects. We got to find out where everything is. And [think -- for me, one of the things that [saw when we first met, which -- by the way, were supposed to meet on Monday, and you had mentioned that we were going to get a series of additional pieces of information that I had requested in terms of specificity, as a result of ,vour first time that we discussed this. By the way, one of *the reasons why it's so important to have discussion items is because a lot of stuff doesn't happen if we don't discuss it so. Commissioner Carollo: Absolutely. Commissioner Suarez: Yeah. So we have to, you know, make the time. I know sometimes our meetings run long, but sometimes we have to make the time. And I'm going to defer one of my -- I had deferred one before and I'm going to defer one of mine as well, but there's two that I think are really important. But, you know, it's very hard to explain to the residents. They don't accept that as an answer. They don't even -- you know, they don't even understand that. You know, for them it's all about results -- Commissioner Carollo: Of course. Commissioner Suarez: -- you know. So, you know, things that seem simple -- I kind of agree with the Commissioner. To me, I understand every street is different. Like the Manager said, there are high points, low points, but -- I mean, generally speaking, milling a street, generally speaking, doing a sidewalk, generally speaking, doing some curbing, or generally speaking, doing an approach or a drainage, I mean, that's not -- you're not reinventing something. You're not doing something -- the legal term will be sui generis, like that has never been done before. You're doing something that is done very, very often. We had actually allocated, I think -- or we had just chosen a contractor to do the baywalk in the museum and they're thinking of completed -- getting -- you know, from the allocation, fioin the selection to completion, I think was eight City ofMiand Pane 124 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 months or something like that. That's pi ohably a pretty complicated project because it's not something -- you're not doing haywalks every day, you know, but you're doing streets every day, you're doing sidewalks every day, you're doing drainage every day. Those are things that we should do from start to finish very, very quickly, and we shouldn't have to, as a Commission, continually be bringing it up and continually be on the backs of our departments to get the process expedited. I mean, I appreciate the fact that the Commissioner has, you know, done this. I think, you know, in the context of you know, demolitions, I kind of took the lead on trying to convince that process, and I think we all have to do that when we see when there's clogs, you know -- The Chair is talking about condensing a process for hiring police officers and trying to, you know -- but it really -- it's not a Commission function for us to be supervising our departments and urging them to do things on a more expedited hasis. So I hope you're going to be here fora while because I think you're faratastic as well. I agree with the Commissioner. I hope you're going to be here for --we've had some good CIP directors. We've just had way too many in too short of a time period. So thank you. Chair Sarnaff: All right. Commissioner Carollo. Commissioner Suarez: Thank you. Arad by the way, thank you for letting me jump in on that. Commissioner Carollo: Thank you. I think we've -- we have a good start. Mr. Spanioli: Okay. Commissioner Carollo: I think we have a good start. I think over the next coming weeks and months, I will want to continue on this schedule that you did, and I want to even get more in depth with the process. Does Finance have anything to do with it? Does Legal? You know, other departments. So I want to make sure that I know the whole process and then we have a consensus that this is the whole process to make sure where we're at. And again, Mr. Spanioli, these are residents that are asking me, and in essence, I'm their voice. I'm asking you all. And I actually am agreeing with them. And it's as simple as this. If they do a -- ifI could stand there and sav, wow, they knocked down the McDonald's today and in 60 days -- actually 30 days fi^om there, they're sending me the invitation for the grand opening. And 60 days is actually -- thev actually did it and thev built it, you know, a stadium in ti-vo and a half years, and that's not a cookie -cutter stadium, by the way -- Mr. Spanioli: Understand. Commissioner Carollo: -- you know. Then I don't see why, it's taking so long for some of these, you know, projects. So my intent, once again, is to better the process and make sure that we could go fbrward in a positive manner. So thank you. Chair Sarnoff: Commissioner Spence -Jones. Pin sor i y. Let me go to -- Commissioner Spence -Jones: You want me to defer to you? Chair Sarnaff: l didn't -- Commissioner Gort, did you want to say - ? T'ice Chair Gort: I'll yield to the lady Commissioner Spence -Jones: You -- Vice Chair Gort: Yes, ma'ain. Commissioner Spence -Jones: I'll yield to wisdom. City ofMiand Pane 125 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Mice Chair Gort: Okay. I won't be long. I want to try to be the nice guy here. The one thing that I've done, I've been meeting with all UP directors fi-omthe heginning, beginning with Alice, when she started compiling a lot of the projects that -- there was funding in there, people were not aware, and my understanding is, she found about 10 or $15 million that could have been used in some other park. Then came the other people that we work with, and I think --I want to congratulate you. I think you stand there and you've answer all the questions. You had all the answers, all the numbers, which was very important. And what I have done, I had some run through to with my, staff and CIP individuals and we are going to the clients and we have told the residents, look, this is the process. Public sector's completely different from the private sector. Private sector, you want to do a driveway, you call the guy and say, hey, I want to do a driveway. You have it ready in one week. There's certain guidelines and criterias [sic] that we need to follow. I think you've done a great joh in taking off three months already out of the way we used to do it. What I'm asking all the directors is come up with ideas or changes that we can make up here in this office -- up -- we, the Commission, to he able to expedite your services. And if any one department is holding we'll go after that department. Thank you. Commissioner Suarez: Mr. Chair, if I may? Chair Sarnoff: Let me go to Commissioner Spence -Jones. Commissioner Suarez: Oh, yeah, of course. Commissioner Spence -Jones: I'll defer to age. Chair Sarnoff: You want to yield? She's yielding to you, Commissioner. Comniissioner Spence -Jones: I'll defer to -- I'll yield to you. Chair Sar naff • She's yielding -- Commissioner Spence -Jones: (UNINTELLIGIBLE) age. Chair Sarnoff: -- to youth and heauty. Commissioner Spence -Jones: To the youth. Commissioner Suarez: I'll he quick. I'll be quick. I'll be quick. No, I just -- I think, you know, Commissioner Carollo made a good point, which is that it seems like a big part of the logjam is the design. It's taking forever for the design. And so my question -- maybe not under your watch, but I mean, a big part of the projects -- when we went over it the first time, it's in design, it's in design, it's in design, and it's been in design for a long time. So that usually means that either we don't have -- I mean, to me, as a layman, of course. I'm not an expert. Either we don't have enough engineering or architectural firms on board or they are managing their own workload in such a way, so that, you know, they can put -- prioritize their own work and then maybe ours gets kind of pushed off on the hack burner because they know we're going to get -- pay them and, you know -- and listen, that's what professionals do. Professionals do that all the time. We have an obligation to police them and say, look:, we do not accept, you know, things taking this long. And if we have to double the amount of architects, double the amount of engineers, or just better police the ones that we currently have, you know, we -- at the end of 'day, we can't get into this minutia with our residents. With our residents it's when is it going to start? Vice Chair Gort: Of course. Mr. Martinez: Commissioner -- City of Atiand Pane 126 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Commissioner Suarez: So based on what you said --let me just finish. Based on what Mr. Spanioli said, I'm going to go back to that group and say, okay, this project that we started talking about in August, its going to start in February. So now i_ f it doesn't start in February, I'm going to have egg on my face again so. Mr. Martinez: I believe we have the right amount of consultants on board. Commissioner Suarez: I leave that to You. Mr. Martinez: But -- no, I do believe that. However, you know, the director had made the observation, and I agree with him, that we've been too lax in giving the designers time. We need to push them and squeeze them and say, per your contract, you need to start today and finish in X'days. In addition to calculating the construction time, which I offered earlier on bigger projects, like a San Marco, actually have the contractors hid the time so they fight against each other on who can do it the quickest because time is money. Commissioner Suarez: Of course. That makes sense. Mr. Martinez: You know, if we can finish a project one or two months earlier, that's money. And mayhe it's worth paying a little hit more on the bricks and mortar to reduce the inconvenience to the puhlic, the maintenance of traffic, the dust, the sweeping, by one or two months. It's worth it. It's a business decision that we need to make. And we're going to be looking at that and were going to have to introduce legislation. I don't think the City set up to have contractors hid the time, but we're going to he looking at that. But one of the first things that Mark told me was that he thought we were a little bit liberal in the design phase and we needed to push the consultants to turn in the product quicker. Chair Sarnaff: Commissioner Spence -Jones. Commissioner Spence -Jones: So I'm -- Chair Sarnoff: Now wisdom speaks. Cominissioner Spence -Jones: --you sure? Chair Sarnoff: Go ahead, wisdom. Commissioner Spence -Jones: I just want to add, you know, I think you've been on the whipping pole for the last prohahly 30 minutes now. Mr. Spanioli: It's okay. I don't take it that way. Commissioner Spence -Jones: But let me just say this because, you know, I always want to, you know, look at all sides of the story. You and I have had the same -- I didn't have to say anything this time 'cause I've had four other Commissioners that have said what you and I have said, that I've said to you on a personal letter and Alice on a personal level, you know, the same concerns. It's not really a lot of times us. It's the phone calls i-ve're getting: when is it going to start. And I know it's difficult for you because you've only really been in this post, what, 90 days, going on maybe 120 days and you're really picking up, you know, the pieces of what was kind of left there. So, you know, it's hard, and I know it's hard as a City employee to stand in f ont of us and listen to us, you know, tell you our concerns, and not only that, to even your peers, you know. And I know because I've been in that same position. So Pin always sensitive to what that feels like. Everyone up here knows that you're an ultimate professional and that -- Mr. Spanioli: Thank you. City of Atiand Pane 127 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Commissioner Spence -Jones: -- you know, you have, you know, the ability to make it happen. I don't think Alice would have made that choice to have you do it. So I don't want you to question in any way, you know, your ability to get the work done. I do understand that and I think we all understand that you're hying to adapt to a system, quite frankly, that has its challenges. And you know, I just wanted to at least encourage you in the processes of all of this. We all just want to see our projects get done. Mr. Spaninli: Absolutely. Commissioner Spence -Jones: It has nothing do with you as an individual or as a professional. 1 have to say this -- and I'm not going to say who the City employee is -- but I said to one of the City employees -- and it's because, you know, it's a lot of stress, you know. You got five different headaches, six actually, you know, of people that are constantly staying on City employees to get things done. And one o[them -- I m not going to say i-vho it is -- I said, nay goodness, you gained a lot of weight since you've been on this jab. And the comment was, Well, Commissioner, it's a lot of stress, you know, between the smoking the cigarettes and eating more, you know, all of this comes from trying to adapt, you know, to this environment. So I just want to say for my colleagues, 'cause I'm sure they all feel the same way, were not trust -- we're not doubting your ahility to get the joh done. We just need for it to he bumped up an extra notch because we do have constituents that we have to answer to. So with that being said, I just wanted to encourage you. Mr. Spanioli: Thank you. I agree with that. Chair Sarnoff: And Mr. Spanioli, let me echo Commissioner Spence -Jones's comments. I've probably known you probably longer than any City employee in the City of Miami because I got to meet you at the DDA (Downtown Development Authority), CRA (Community Redevelopment Agency). You also go through the vagardies [sic] of a Commissioner and - far instance, you and I went out many times to the Brickell Homeowners Association and were designing a sidewalk that we've never designed before in the Cit_v of Miami and everybody's like, I like that to the left. I like that to the right. And accounting for that, you know, inevitably, the Commissioner has to make the decision in concert with you. But that's a process that can take some time. And, you know, recently, you told them a start date. I was a little disappointed in your start date. I hope you beat that start date. But you gave the start date. But I realize that I probably tacked on six, nine months of uncertainty of my own. And I just want you to know that you do have to go through the vagardies [sic] of a Commissioner who goes through the vagardies [sic] of 'his constituents to try to find consensus. So I certainly see that as well. All right, thank you, Mr. Spanioli. Appreciate it. Mr. Spanioli: Thankyou. Chair Sarnoff: D3 point -- Vice Chair Gort: Thank you. Chair Sar naff • Nobody -- we're okay, right? Commissioner Spence -Jones: Yes. Chair Sarnoff: We're done? Okay. D3.2 DISCUSSION ITEM 12-01485 UPDATE REGARDING THE TIMELY ISSUANCE OF THE AUDITED City of Atiand Pane 128 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 FINANCIAL STATEMENT ENDING SEPTEMBER 30, 2012. 12-01485 Update - Issuance of Audited Financial Statement.pdf DISCUSSED Chair Sarnoff D3.2. Commissioner Carollo: Thank you, Mr. Chairman. And this is all item that is an update. It's something that I have brought as a discussion item before and I want an update, and it's regarding our issuance of audited financial statements, so if the -- if our CFO (Chief Financial Officer) could come forward. And I'm going to be -- I'm going to get right down to the point. Are we going to have issued financial statements on time, yes or no? Janice Larned: No. Janice Larned, Assistant City Manager/Chief Financial Officer. Commissioner Carollo: Okay. Let's start with why -- Commissioner Spence -Jones: Why? Commissioner Carollo: -- not? Because wizen I brought this up the first time, I wanted to see how we can address it so we would have audited financial statements issued on time. So why not? Ms. Larned: Yes, sir. Let me start by saying that I believe --and, again, for your viewing public, there was -- there have been updates that have been provided, for the last couple of Commission meetings, the last one of course ended prior to what was televised. However, an e-mail (electronic) was sent out to the elected officials to make certain that they were kept apprised of the status of this work. I've alreadv prepared a report today. When I say no, I would like to caveat that by saying that we have had some improvement based upon the work that has been done in this last two-weekperiod versus what was sent out to you in the e-mail. In that e-mail we indicated there were three items that were approximately two weeks behind. 1 ant pleased to report that we have had some improvement; that we are now behind approximately one week, or less, on some of the following items: compensated balances, fixed assets, single audit for grants, investments, health care claims, property and casualty claims. And ifI may, I'd like to go ahead and go forward or I yield for your question. Commissioner Carollo: Continue. Continue, please. Ms. Larned: I remain optimistic or cautiously optimistic, if you will, that we have a good shot at catching this work up. I would like to share that am very appreciative of all of the efforts fi-om the people that have been pulled in from other departments that have been working very hard while their work, if you will, is piling up back at their shops or being covered by their colleagues. It might also interest the Commission to know that not only do we have this audit going on, but I noticed something when I was in the director of Purchasirzg's office this week chatting about another item. He was surrounded by piles of paper. And I said, Ken, are you behind or- i- that's going on? And I knew that we were gearing utifor a lot of issues, particularly the capital projects. And he said, no. It's just that we have the independent financial auditor, we have an independent auditor general that is starting his financial integrity principle reviews and audit, and then we have the federal grants that we have to start preparing or not preparing, but he has to pull items for testing during the audit phase, and this is for federal monies. In addition to that, we have grantors that are asking for information, and last but not least, the independent auditor general is also asking for follow-ups on previous audit findings. And I will share with the Commission that Ken was surrounded by piles of paper, and I say that he kept mushing on. And I reiterate how much the staff is dedicated to trying to meet this deadline. Another interesting note is that the monthly reports, we -- 1 gave a brief outline in the report of last -- the City ofMiand Pane 129 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 last report. I believe it was the 13th -- or loth. I think it went out actually the 13th of 'January for the meeting of the loth ofJanuary. Too much detail. I apologize. The October monthly report is now complete. It should have been distributed. However, part of what we've been trying to do as we go through this is make those improvements and those modernizations that i-ve've been talking about and so we had to revise the fbrmat because we found errors and we found embedded formulas, if you will, that we needed to go and correct because it's not automated. I am pleased to report that we will have that distributed today. They're in process. . was just given the information earlier today. That is behind the time that I've given you the last two weeks because, again, in part of trying to catch up the independent financial audit, we have to let some things slip. The November report we anticipate perhaps will be ready by February 1. However, we're only 75 -- excuse me. That's a positive statement. We have improved out- completion urcompletion there up to 75 percent complete. The December monthlies have been closed. Our best estimate at this point is February 25 and, of course, we're still in the month of *January so that's still open. That completes my report, and I'm more than happy to take any questions. Commissioner Carollo: Thank you, Madam CFO. Where do I start, to be honest with you? I mean, I already see the domino effect. You're telling me that we're not going to issue on time. You're telling me the issue with the monthly reporting. I'm already telling you that when you're speaking about the internal auditor, then we're going to be in noncompliance with our financial integrity principles, at least financial integrity principle number 10, so we're not going to be in compliance there either. So its a domino e fect. So realistically, you know, where do I start? I mean, I asked the previous Commission meeting that we discussed this if you needed any help. What do you need from this Commission? I -- Listen, I understand; you know, when I first became a Commissioner, I came in here; I walked into a financial mess from the deficits year after year to the reserves being depleted and the previous budget having a deficit. However, I amreally, really tired of these financial missteps and we need to move forward. So I am asking what do you need from this Commission in order to issue these financial statements on time or is itjust too late that you don'tforesee it happening? Are you having issue with competent, you know, employee? And I'm not saying that, you know -- what I am saying is I know that you have a lot of vacancies. What are the hirings for those vacancies? What do you need from us in order to issue financial statements on time? Ms. Larned: Well, let me say clearly, I'll take whatever additional resources I can get. Now we've looked internally, and I want to be very respectful here because there -- Commissioner Carollo: I understand. Ms. Larned: -- has been -- Commissioner Carollo: I understand. Ms. Larned: So having said that, I do -- Commissioner Carollo: But having said that -- Hs. Larned: Yes, sir. Commissioner Carollo: -- were still not there and you're telling me, pointblank, that we're not going to issue our financial statements on time. Ms. Larned: I've -- I don't mean to give that impression. It is going to take some extraordinary effort. Commissioner Carollo: Okay. I asked pointblank and you said no. City ofMiand Pane 130 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Ms. Larned: Yes, sir. Commissioner Carollo: Okay. Now, with that said you're saying that some extraordinary effort. Okay, enlighten me. What's it going to take? Ms. Larned: Well, let me -- ifI may, I've been -- as you've been asking the questions, I'm trying to come up with an adequate metaphor as so aptly describes some of 'our circumstances. I consider this like a relay, a four -leg relay. Commissioner Carollo: Okay. Ms. Larned: The first relay being those entities that are part of the City. They're component units, agencies, trusts, et cetera, that start their audits at the same -- Commissioner Carollo: Understood. Is there any component unit that has not given you or have issued their financial statements, their -- on time, which is going to cause an issue fbr- the City of Miami to then incorporate within our CAFR (Comprehensive Annual Financial Report)? Ms. Larned: That has not been reported to me as an issue as being past due. No, sir. Commissioner Carollo: So then let's move on. Ms. Larned: The second leg I take it to where that information is then given to the City Finance Department staff to review, to then massage, and to then put into the combined or Comprehensive Annual Financial Report. Commissioner Carollo: Got you. Ms. Larned: Then once that is complete and the narratives are prepared, then it goes through the third leg, which I would describe as the management layer, the second and the third level of review. Then the fourth leg, well, that's the (UNINTELLIGIBLE). That's Ernst and Young. That's our independent auditors. And they would come in and then separately and independently from what we have prepared and submitted to them and tested, they would either give us their opinion being unqualified, which means we're right where we need to be, or qualified with some major and material findings that we would have to take corrective action. Commissioner Carollo: Where are we in the process? Are they still in the field work testing? Ms. Larned: Yes, sir. Commissioner Carollo: They are still in the field work testing? Ms. Larned: They began field work testing in January. Commissioner Carollo: Okay. Ms. Larned: Or excuse me, the first week of January. We're still in January. First week of January. Commissioner Carollo: First week of January. And have they received the information that they've asked far? And if not, what departments --? Where -- what's the hold up where, you know -- and that's, I think, where maybe we could have additional help and, you know, we could discuss what's the type of additional help. But the bottom line is, if they're doing field work and they're asking for information, do you have the staff -- adequate staff providing that information, researching, obtaining, and providing that information? City ofMiand Pane 131 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Ms. Larned: The areas that have been identified from compensated absences to fixed assets to the OPEB (Other Post Employment Benefit) actuarial reports that will fold into one of the -- yes, sir. Commissioner Carollo: And by the way, you're going step by step. Those were all deficiencies in the last audit report. Ms. Larned: Yes, sir. Commissioner Carollo: So it seems like there's a pattern and continue -- it's going to continue to be a deficiency, and I'm not saying it is. But what I am seeing is that you're having difficulties in the same areas that were findings in the last report. Ms. Larned: That is correct. And while we made some improvement, I would like to note that for your consideration, clearly, we have -- those are some very big areas because we started, obviously, with some very large -- and again, I don't mean to get too technical, far your constituents, but some very large balance sheet categories, if you will, that -- that's why we get started early so that we can, in fact, turn those in and begin the testing process as quickly as possible because that's where we need to concentrate from an auditing standpoint. That's why they remain in a past -due status, i f you will. And we put, again, extra effort, which caused us delays in our monthly report to go, forward and get that information moved further along and we actually caught up a week. But I -- you're asking me very direct questions, which is part of my job. Let me add that as the residents and the constituents ofMiami may or may not he aware, there are due dates ever v day in an audit. And so while we may be current in one day and if *we don't meet a due date the next day, it could he an immediately delay of two weeks, and that is very hard to comprehend for most. It is merely because that is such a large project, it will now require that much more work of the external and -- of the independent auditor to complete their i-vork, which is why it's sometimes confusing when you say we're current to today and we should stay current. No, we have due dates throughout that then subject us to a change in what our current status is. Commissioner Carollo: Now, our internal auditor, his report is due by July 31, okay. The financial principles --. financial principle report is due by July 31. So I want to talk about the external auditors, which that report -- that issue,financial statements is March 31. Ms. Larned: Correct. You're speaking of the independent auditor general's audit and then the -- which is the July 31, and then there is the independent financial auditor. Yes, sir. Commissioner Carollo: And that's what I'm speaking about. I don't want to comingle them too much, even though, in all fairness, I'm already seeing that there's a good possibility that, you know, financial integrity principle number 10 already, well, i-ve're not going to he in compliance with. But that aside, I want to speak about the external auditors and -- Ms. Larned: Yes, sir. Commissioner Carollo: -- the issuance of the financial statements, the most basic -- which, realistically, is the start of the financial statements that are due March 31. And I want to know what needs to happen. You're already telling me the external auditors are still infield work and the testing. I want to know what needs to happen in order for them to get the information they need so they could issue their report. Do we need to bring additional people? And if so, from where? What needs to happen in order, far us to issue our financial statements on time? Ms. Larned: My best humble professional opinion would be we would need at least two more bodies. Now, the Manager has asked me to continue working with the departments to see f that City ofMiand Pane 132 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 expertise would be out in the departments and we will be at a point in approximately two weeks where it's not just financial and accounting work. It is now at the level where it requires scrutiny and a real understanding as to what the City's financial statement is, and that's going to take a season to bet. That's going to take some -- Commissioner Carollo: Mr. Manager, is it possible to reach out to the County and possibly get some help? Johnny Martinez (City Manager): We could reach out. Commissioner Carollo: You know, and I don't mind, you know, reaching out to the deputy Mayor in charge of finance, Ed Marquez, that used to be our former City Manager, and seeing if possibly we could obtain some help because, you know, Tm telling you, Tin just -- that's it. We need to move forward. Hr. Martinez: I think we've done some of that already. Ms. Larned: IfI may? I have had a conversation with the deputy Mayor and it was more in line with recruitment issues, and he indicated at that time -- and I certainly don't want to speak for him. That is not my role. But he indicated that they too were having some holes in their recruitment in meeting some qualifications, and that's a whole separate report that we could go into. Commissioner Carollo: Exactly. Ms. Larned: So -- Commissioner Carollo: And that could come after Harch 31, our recruitment and so fbrth. But from now to March 31, what --? You know, I'm just throwing -- Ms. Larned: So my point is that -- and I perhaps was not clear -- was that if they've got holes in their recruitment side, then they too are trving to make some coverage and so forth. Now, the fact is is they're a much larger entity and they have -- how do I want to say this -- amenities in the community, such as the airport, a court, et cetera, that have similar staff and there's qualifications in those staffs that they can pull in because if it has been a normal operation, then they might be able to accelerate, do their own i-vork, work some hours that they otherwise have made into a normal and smooth reasonable rate; they could accelerate to then lend resources to wherever they needed them within their financial network. That being said, I don't believe -- and I will be happy to do so -- contact him to see if he could lend us a couple of bodies, or if the County could. Excuse me. Commissioner Carollo: Okay. I think we definitely need to take that route as a starter because its just unacceptable that year after year, we're not issuing financial statements on time. Any other thing that you could think of that you may need in order to issue on time? And by the way, not -- we're not even getting into whether its going to he qualified or unqualified. I wouldn't -- I would hope that it's going to be an unqualified audit, but anyways, 171, you know -- Ms. Larned: Hope springs eternal and I have that same hope, absolutely. Commissioner Carollo: Okay. Anything else that, other than reaching out to the County and hopefully they could help out, we can do? Is there -- I know you had a plan A, B, C, D. Where are we? Ms. Larned: Well, were in -- City ofMiand Pane 133 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Commissioner Carollo: And I mean that with all due respect, Madam CFO. Ms. Larned: Certainly. No, you're entitled to all ofvour questions and I understand that. No problem. The -- yes, there is a plan C and there is a plan D. The plan C I've not kicked into, but I'm just about at that point. If I may, before I get into plan C and plan D, I-- the recruitment and part of this third leg that I was describing as far as the management, we have made some strides as I reported in that communication update. We have extended an offer, and it was accepted, to an individual within the organization that has accepted the position of assistant director -- we're very fortunate because that is an internal promotion -- someone that is familiar with finance, after having been there for five years, five years in CIP, and a couple of years in Solid Waste. So we welcome with open arms and we're pleased that was an internal promotion. I think that does great for letting folks know that we do look within. The second piece is the controller position. And as I indicated in the report, perhaps we were a little bit too restrictive in requiring immediately a Florida CPA (Certified Public Accountant) rather than opening up the pool a little hit and saying, okay, if you have a CPA from another state, perhaps, if you obtain that transfer within one year, then we can go ahead and hire you with that stipulation and that contingency. So that's what we've done. We extended the recruitment period for• another two weeks. And we did -- at this point, I've been informed that we have five eligible candidates, which is better than the two that we had before. Excuse me, not better in the way of application, but better in the way of numbers. So we will he setting up interviews next week, once I've had a chance to review those and see where we avant to go with that. The director ofFinance position, we have received 40 applications for that particular position, of which -- this is being handled by an external recruiter that went no(just locally and statewide but nationally. And we have identi -- or I've asked him to come up with the 10 best qualified, knowledgeahle, experienced candidates. And of that, we have approximately three that are f om the Miami -Dade regional area, we have three that are within the state, and we have four that are outside the state. So that process we've designed. We're in the midst of reviewing that. And then starting the interviews next week, we hope to complete that interviewing process the following week. The last position is the treasurer position. And again, we -- that, again, is a horse of a different color because most people think it is part of accounting and it is not. And I do speak with great bias there hecause I am a former banker and I am a certified cash manager, so I understand why that is a unique position. We had no applications there. We are hoping to draw from what we believe would not necessarily he eligihle for the director of Finance, but perhaps available and qualified for the treasurer position. So we're going to utilize the same resources to try and double up, if you will. Having said that, the third -- Commissioner Suarez: No, no. I'll wait. No, no, I'll wait until you're finished. Ms. Larned: Having said that, the third leg of this particular relay is the management review. Now, given the time -- and yes, sir, we have dates certain of March 31 that we must be completed by. In all hopes, we're not going to have all of that staff on board that can pitch in, so we don't have those additional bodies. That is being caused by the vacancies, no doubt about it. The one individual that we did offer a position to was part of the group that we had identified for special -- the special team, so we didn't gain any additional body there which, on one hand, was a double-edged sword. We had promoted from within and, yet, we didn't get an additional body, which I had hoped to do. So now I'll go back to your question, if I may. And plan C is to hire external resources. I had done the work in the past, and I know of some companies that were available. I've not touched base with those within the last month. Again, trying to be very respectful of comments that -- and concerns, and rightfully so. The plan D is a company that I have had and been in communications with since this summer, but again, that's veru expensive; although, they did come down on their price. It would have to come in as an emergency action, not be subject to solicitation. I will say, I am not -- this is one of'the few times I can say 1 am not associated with any prior work that I've done with that particular firm, so I have no disclosures that I have to make in that regard. I feel very confident that's ahands-off transaction. So those are my plans. We are in plan B. Long-winded answers. My apologies. City ofMiand Pane 134 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Commissioner Carollo: However, thank you for that answer. And yes, I would say it was a little long-winded hut think -- at the same time, its good because although I came to the same conclusions that you were saying -- in other words, that if you hired within or promoted within, we don't have an additional person, body. And some of the things you said, even though I came to that conclusion, even ifyou hire a controller now and all the otherpositions, really, they're not going to be able to he of *any good for this audit year and that's why I think that's long-term or after we issue hopefully on time the process that we need to start right away and that's why I suggested maybe going to the County for experienced staff. The other thing would he yeah, going to outside source -- outsourcing actually for experienced staff to come in and help us out. I don't know how my colleagues feel about that. I do think that year after year after year, month after month after month, we keep getting slammed financially. And the bottom line is, we need to move this fortivard, and a short-term solution will be hiring some of these people. However, I do feel that we need to reach out to the County first. As a matter of fact, I'm going to also reach out to them to see if we could get that added help, which will be free, and it's part of what we spoke, I think in the last Commission meeting, how governmental agencies should help one another. But the bottom line is, I really feel that we need to issue these financial statements on time and we need to move for ward. And as soon as, you know, the financial statements are issued, then we need to aggressively look into recruiting. And even though we hire these people, I think we need to then also continue to be age essively [sic] and start going to the colleges, start looking for new staff start going to the job fairs at or -- I forgot what you call them, but within the colleges, the accounting school at FIU (Florida International University), the accounting school at OF (University of Florida) and start aggressively recruiting, 'cause let me tell you something, that's what the private sector does. That's what all these accounting firms do. Commissioner Suarez: Of course. Commissioner Carollo: So I'll yield to my colleagues. Chair Sarnoff: Commissioner Suarez is recognized for the record. Commissioner Suarez: Thank you. And I don't know where the horse is at this point, but you know, I know there's some in this government that don't think its important that we don't have a Finance director or a treasurer or a comptroller, but you know, I think it's extremely important that we have those positions filled. Those are top-level positions in our, you know, department. And I think our residents do care because they have impacts on i-vhen we issue our consolidated financial statements, which is an indication of the way that our city is functioning. Is it functioning well? Are we doing it timely? And I think -- I can't recall a time -- and maybe I'm wrong 'cause there maybe -- may have been a year where we issued it on time, butt can't recall a time, since I've been here, that our consolidated financial statements were issued timely. There may have been a year- of the three, but I can't recall what year it was. It was one year. It was the first year. Ms. Larned: 2009. Commissioner Carollo: I'm sorry? Ms. Larned: 2009. Commissioner Suarez: Yeah. So it was the year that we got here. It actually might have been the year before we got here. Ms. Larned: 2010, I apologize. Commissioner Carollo: No. It was -- the year we got here, we did not issue on time andl made City ofAtiand Pane 135 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 a big stink. Commissioner Suarez: Right. Commissioner Carollo: And the,fbllowing year; it was issued on time. Commissioner Suarez: Okay, so -- Ms. Larned: I stand corrected. That is correct. It was 2009 that was on time or -- off time. It was 2010 that was on time. Commissioner Suarez: Right. Ms. Larned: 2011 it was delayed again. Chair Sarnoff: Yes. Commissioner Suarez: So -- okay, so out of the, I guess, three times -- it's been on time once out of three times, is that correct? Ms. Larned: Yes, sir. And if you recall, last spring we did a quick report as a base -- as a result of having been delayed last year. We went back. five years. Three times within that five-year period, it was not issued on time. Commissioner Suarez: Right. Ms. Larned: Yes, sir. Commissioner Suarez: And I think -- I remember, you were very vociferous at the time, you know, complaining about that. And just -- you know, what concerns me is -- you know, i-ve've seen today, kind of as a recurring theme, a problem hiring, you know, deficiencies hiring in different departments, and you know, these are top-level positions in this department. I mean, these are not, you know -- these are -- I mean, all the positions are important in the department. I thinly as you correctly mentioned, you know, you need a team to put this together on time. But these are like the top levels, the top-level positions. And you know, it's, you know, concerning that yet, again, we're here discussing the same thing. Yet, again, those positions are not filled. I know that you're detailing the progress that you're making, but you know, we need those positions filled because we need to have a fully functioning department. It's one of the most critical departments in the City. And I know that, you know, some think it's not that important, but fbr me, I think it's essential to having that departmentfunctioning properly. Thankyou. Ms. Larned: Mr. Chair, ifI may respond quickly to say that I understand exactly what you're saying, Commissioner. As there is -- as I tell my colleagues and I tell those that ask how it's going, I say well, there's nothing hetween me and the asphalt right now, so yes. And we are -- again, I cannot stress the current employees and the effort that they're putting forth. Commissioner Suarez: Thankyou. Chair Sarnoff: Thankyou. All right. Commissioner Carollo: Mr. Chairman, hold on. I want to continue my questions. Chair Sar naff • Not done, huh? Commissioner Carollo: What's that? City ofMiand Pane 136 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Chair Sarnoff: Not done, huh? Commissioner Carollo: No, I m not done. Chair Sarnoff: Okay, go ahead. Commissioner Carollo: And we're not into the financial integrity principles, so bear with me to the end. These are important things that were just, you know, deferred from the last meeting and the bottom line is, it's important and I think we have to deal with it. Later... Commissioner Carollo: But going hack to the audited financial statements -- and by the way, Commissioner Suarez, you're definitely correct. And believe me, you don't know -- you cannot comprehend my, frustration with this because it was two years ago that I was kicking and screaming. As a matter of fact, I remember when Commissioner Spence-Jones,first came here. I know she remembers how I was saying we need a CFO, we need a Finance director, we need a CFO, we need a Finance director. And us being late in the last issuance of audited financial statements that we issued in May, June -- I forgot when -- that's actually a direct reasoning of 'us not having a Finance director. So you cannot imagine my level of frustration with all of this, especially having a financial background. With that said, I want to conclude by seeing where my colleagues are in this. I think in order to issue on time, we have decided that, number one, which isn't going to cost us anything, reach out to the County, reach out to Deputy Director Ed Marquez, maybe reach out to the Mayor also since that's his boss and see if we could possibly borrow a couple of personnel. It's only going to he for a few weeks, correct, Madam CFO? Ms. Larned: res, sir. Commissioner Carollo: And then number two, if that's not available, which I really -- I just, you know -- and I really doubt that they wouldn't step up and help us out. But if that's not available, as far as outsourcing, do you have a cost, a company? I mean, I really, you know -- And I'm going to ask my colleagues are they willing to go that route, you know. So you know, again -- and my intent is fbr us to, you know, start be, financially responsible and being able to stop all these missteps, stop all these financial missteps. So your plan D or E, whichever it was, as far as outsourcing to get a couple ofpersonnels that are competent, that are experienced in order to help you for this year, for this financial statement, for this CAFR, and then we'll follow the recruiting process, aggressivelvfollow the recruiting process. Do you have any companies in mind? I surely don't. But do you have any companies in mind? Do you -- you know, cost and -- 1'm asking this because, really, I m going to give you every opportunity to address this Commission and see if you need resources, what they are, because what cannot continue is that we are blasted in all the media because offinancial mishaps. Ms. Larned: First, let me say I understand completely the concern and I understand completely what the expectations are of.this City Commission, as I can tell you that they too are the expectations of your City Manager, and 171 go so far as to say it's the expectations of our Mayor. So I understand the weight. And yes, sir, I have reached out, but again, I've not refreshed that for perhaps at least two or three weeks. The holidays has caused some companies to reevaluate what their new business plans are going to be for their calendar year, etcetera. So I would hope -- I was getting positive responses hefore from a couple of firms and in -- really, what we're doing there is bringing in experts that are looking for work through temporary agencies that perhaps are wanting to fill some time because they've retired early and their portfolios didn't per form as well, and so they'd be looking for projects, not necessarily employment. So yes, I have a couple. And if that is the will of this Commission, I'll he happy to pursue that. City ofMiand Pane 137 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Commissioner Carollo: What will he the cost? And you would have to bring it hack to this Commission February 14. Is that too late? Two part -- Ms. Larned: Oh, to come back to this -- Commissioner Carollo: Well, two-part question. Ms. Larned: Yes, sir. Commissioner Carollo: Number one, what will be the cost, more or less? And number two, it will need to he approved by this Commission, I believe. And then -- Mice Chair Gort: Yes. Commissioner Carollo: Right? And then that will he February 14, the earliest. So what I'm asking is the audited financial statements due date is March 31. Is February 14 too late? I'm trying to see -- Ms. Larned: Oh, yes, sir. Commissioner Carollo: What I m trying to gauge is how reasonable it is that were going to issue our financial statements on time if we don't get help fvom the County. So I'm trying to gauge it now. Ms. Larned: We've already -- as you know and others may not, but I'm more than happy to share, and that is, when you go forward with an audit plan, you have milestones in which to reach. We already know what the milestone is with our independent auditor, and that is February 28 that we are supposed to submit to them in as close to final form the completed CAFR. So February 14 is absolutely too late because we need to he in the review stages at that point. Commissioner Carollo: That's what I thought. So the only viable option that we have right now Mr-. Martinez: Commissioner, I think -- Commissioner Carollo: Yes, Mr. Manager. Mr. Martinez: -- we've jumped a little too quickly. I'mnot quite sure that -- well, I would like approval of the Commission to get the resources that we need to issue the product on time. Having said that, hiring someone through a temp agency that's already qualified, that you said i -vas project specific, not, you know, a long-term employer or anything like that, I'm not sure that has to come to the Cornrnission for approval. We hire -- Commissioner Carollo: That,,; why I asked. Mr-. Martinez: -- temps all the time. Number two, I think -- I have some authority to hire through the consultants up to X'&mount. So if we have the consensus from the Commission to go forward with the resources that we need so we can produce the product on time, I think it can be done administratively. Commissioner Carollo: And that's why I asked. And in all, fairness, Hr. Manager, this is something that I want, full transparency on because from previous Commission meetings, you know, it's been brought to its, you know, to our attention. And the bottom line is this is something that I want full transparency on, you know, and justification of why we're doing this. But that City of Miand Pane 138 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 will come later. But the bottom line is -- and that's why, at the same time, with hull transparency, I reach out to my, colleagues to make sure that they know exactly what we were looking at and we're all on the same page. And if not, you know, by all means, speak up so we could you know, discuss it, debate it, and -- but the bottom line is, what I am seeking is, for us to stop these financial missteps, go forward, and start getting on solid, financial grounds. Mr. Martinez: I agree with that objective. But I would like to pursue immediately the resource of the County, especially after today's vote this morning, that we should have a -- some cooperation. Commissioner Carollo: Absolutely, definitely pursue the County. As a matter of fact, I said I will call myself. However, just --I -- listen, I'm also looking at a plan B. Mr. Martinez: No. We'll be, in parallel, making -- Commissioner Carollo: Yes. Mr. Martinez: -- some of the phone calls to see what the cost and the number of bodies would be. Commissioner Carollo: Obviously, if we get, you know, some competent personnel from the County, then we don't need to go the other route. You have a contingency fund in your office, correct, Mr. Manager? Mr. Martinez: Yes. Commissioner Carollo: And I won't -- yes. Anyways, with that said so you do have the funding for it. Does any Commissioner have any issues with -7 T'ice Chair Gort: I do. Commissioner Carollo: Yeah. Okay. Vice Chair Gort: I got a lot of questions. Commissioner Carollo: And you know what, I think discussion is healthy, and that's why I'm bringing it up because I want full transparency so we can all discuss it and come up with a, you know, consensus. Chair Sarnaff: Okay, let's move this along. Commissioner Suarez: You want me to start? Chair Sarnoff: Oh, I'm sorrv. You were -- you're on -- we're on D4 now? Commissioner Suarez: No, no. He's still, I think, on D3 point -- Commissioner Carollo: D3.2. Commissioner Suarez: -- 2. Chair Sarnaff: Okay. Commissioner Carollo: Update regarding timely issuance of audited financial statements ending September 30, 2012. City ofMiand Pane 139 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Chair Sarnoff: So you're going to address that now? Commissioner Carollo: Yes. Commissioner Suarez: Yeah, yeah, we're still -- I mean, we're not finished with that. Chair Sarnoff: (UNINTELLIGIBLE). Commissioner Suarez: Yeah. Sure. I mean, if - 1'l1 yield to Commissioner Gort because -- T'ice Chair Gort: Go ahead. Commissioner Suarez: -- I've spoken more on this issue than he has. Vice Chair Gort: Go ahead. Commissioner Carollo: Tin trying to seek conclusion on the item. Commissioner Suarez: My -- okay. Going hack -- I mean, this is something we've been dealing with since I think September of last year or maybe even before that when I was asked as Chairman to sign off on a -- talking about transparency -- on an allocation of funds that I did not want to do in a tiontr•ansparent ivay. Then it was brought -- I asked the Administration to bring it to the Commission. The Commission decided not to take action on it and we still have had the vacancies in this these top-level positions and a lot of vacancies in this department to date. So we're talking now four or five months after that or longer, maybe six months after that. So that's the first problem that I have. Now, I'm sympathetic to the Commissioner's concern, which is to issue our statements on time. I know that during our budget, we did -- I think if Danny -- if l'm -- I mean, Mr. Alfonso, if I'm mistaken, please correct me. But I think we allocated money that we never actually designated, and we said we would have it there. And if at some point we needed to go back to it, we could tap into that. But the money was allocated, if I'm not mistaken. Is that correct? Daniel Alfonso (Director, Strategic Planning, Budgeting and Petfbrinance): That is correct, Commissioner. The budget has $750,000 in reserve, for -- Commissioner Suarez: This issue. Mr. Alfonso: -- this type issue. Commissioner Suarez: Essentially. Okay, so you know, again, I feel like we're back in a situation where we've seen ourselves time and time again. Were tap against a deadline. Were in an emergency situation. We need to think outside of the box. We got to -- we have to spend more money on resources that we shouldn't necessarily have to be spending more money on. And that's what gives me difficulty with this issue. It gave nae difficulty with it in September because back then, we still had been months since we had gotten a treasurer, had been months -- I think we had our Finance director, but then he was -- I'll let you characterize what happened with our Finance director. Okay, he resigned. So you know, I just see a pattern here and Pin concerned. I really am sympathetic to your issue, and I think -- you know, I'm torn because we're now again in a time crunch, and the question is, if we don't do anything, then are we being, you know -- you understand what I'm saying? Commissioner Carollo: Mr. Chairman. Chair Sarnoff: You're recognized. City ofAtiand Pane 140 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Commissioner Carollo: Absolutely. And what I m -- okay. What I m trving to address is the issue at hand and then the recruitment. So what I am trying to address is, okay, how do we -- what's the most immediate issue? Getting our financial statements issued on time. So how do we address that? And then recruitment so we have the adequate staffing for the future in order to be able to now not have to go to outside sources -- Commissioner Suarez: Can I sav this? Commissioner Carollo: -- in order to issue financial statements. Commissioner Suarez: Can I say this and maybe -- hopefully this will be something that --Look, I will remain open. How 'bout that? I will remain open to having multiple options. You know, it's probably a -- I've come further along -- to he open -- I was not open to it to even thinking about it because I just don't -- I think there's no excuse. I don't think there's a legitimate reason why we should even have to go there, to be honest with you. So that's -- but you know, consideration of the fact that, you know, we have a time deadline, I will remain open to all options to get the CAFR done on time. And what I do ask, as you have asked, is that it he done in a transparent fashion so that whatever options are on the table, we have an opportunity -- and I think Commissioner Gort is concerned about that as well -- to vet it ourselves, to look at it, to look at the expenses, to, you know, compare that to what it would have cost had we just hired somebody six months ago or eight months ago or nine months ago and staffed the department up the way that it should have been staffed up. You know, it's amazing to me that for outside consultants -- when we go out there looking for outside consultant, we get a good response. But when we lookfor employees, we don't get a good response? I mean, this is --You know, this is a great opportunity. You know, people should be excited to work here in the City ofMiami. So anyways, I'll leave it at that. And I will remain open to looking at that, as long as its done in a transparent. fashion. Mr. Martinez: Fair enough. And that's why I said I wouldn't hire a temp or a consultant, borrow, you know, personnel or a consultant unless this Commission was in agreement with it. I would not do that. Commissioner Suarez: And if l do it, it would be only under duress. Mr. Martinez: Under duress. Commissioner Suarez: That's just -- Hr. Martinez: Yes, sir. l agree. And l -- and we're -- you know, we're -- it's notfbr lack of effort of hying to hire people. Our treasurer walked out, you know, overnight. We're trying to hire the people. We didn't get a lot of qualified applicants and --but I want to guarantee it, but I don't want to guarantee that -- Vice Chair Gort: Unemployment is 9 percent. Mr. Martinez: -- we won't be in this situation next year; once we get these people on board. Commissioner Suarez: That's what we said last year, though. Vice Chair Gort: Yeah. Mr. Martinez: I don't remember guaranteeing that last year. Vice Chair Gort: Well, we -- City ofAtiand Pane 141 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Commissioner Suarez: Whatever. Chair Sarnaff: Commissioner Gort is recognized fbr the record. Ince Chair Gort: I have a couple of questions. I'm not very strong in this field, but the CAFR is due when? Mr. Martinez: The self-imposed deadline that we have, March 31. Ince Chair Gort: Ourselves. Mr. Martinez: Ourselves. Vice Chair Gort: We imposed that ourselves, March -- Mr. Martinez: Yes, I think it's -- Vice Chair Gort: According to the -- Comniissioner Carnllo: Financial integrity principles. Ince Chair Gort: Legally, when do we supposed to have it? By the state, by the federal government, when? Mr. Martinez: I thinkJune 30. Ms. Larned: There are several deadlines. First is self=imposed, March 31, then we have disclosure requirements according bond documents and that starts June 1, and then we have -- Vice Chair Gort: June 1. Ms. Larned: Yes, sir. Ince Chair Gort: Okay. Ms. Larned: And then we have Septemher -- or excuse me -- June 30 fbr the State as well. Vice Chair Gort: So you're talking about June 1, June 30. That's what we did last year, right? Refiled, I believe it was -- Ms. Larned: We actually -- Vice Chair Gort: -- May something? Ms. Larned: Yes, sir, May 16. The opinion from the auditors was May 18, if I recall correctly Ince Chair Gort: 'Cause, personally, I would like to see our team in place. They can do the work and they can do the performance so we don't have this problem anymore. Now, my understanding is, the Finance Committee has come up with some suggestions. I would like to see those suggestions hefbre we hire anyone from the outside. Commissioner Suarez: And Vice Chair Gort: But at the same time, you bring someone f oin the outside, then -- I'm not an City of Atiand Pane 142 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 auditor, but I -- that guy comes from the outside, he as good as the information he gets f orn the bottom. Am I correct? Commissioner Carollo: As good as? I'm sorry? What's -- T'ice Chair Gort: The information he gets from the lower employees. No? Commissioner Carollo: No. Vice Chair Gort: I mean, this any will come in and he'll know everything about the City? Commissioner Carollo: I'll yield to the CFO, but no, I don't agree with that -- Mice Chair Gort: Okay. Commissioner Carollo: -- statement. Vice Chair Gort: All right. No. I'm asking. Ms. Larned: It's an excellent question, because there are 68 people in the Finance Department. Vice Chair Gort: Right. Ms. Larned: But there's a whole lot more that goes on beyond just compiling a financial statement. That's actually an ad -- we treat it as an ad hoc function instead of 'a routine matter, which I believe has contributed to the trend of having missed our deadlines over the last five years, and I just went hack five years a year ago or a year ago spring. The people that make up the preponderance of the numbers in the Finance Department are actually performing day-to-day operations, making payroll, making -- which is our top priority. Our second top priority is making sure our vendors get paid, and then the third top priority is making sure our cash is working for us and it's properly deposited. Accounting, with all due respect to the Commissioner, is after the fact. Commissioner Carollo: Right. Ms. Larned: And it goes in and it says -- and hence, the word controller. And ifI'm patronizing, I apologize. I don't mean to. Controller goes in to make certain that the internal controls have been followed, the proper authorizations, that it was budgeted, et cetera. And sof oin that perspective, the vacancies that we have, fi-ankly, are not affecting the CAFR production. It is in the management ranks, and because the managers that have been previous and with all due respect to those professionals -- I cast no aspersions -- they did the work themselves and, consequently, did not have the time to teach the remaining staff. And so consequently, because every year they had these deadlines and they were not allowed to run parallel in order to heef 'up -- and yes, it's a heef=up, but on a temporary basis so that they can then start mentoring and training and educating the next levels, then they continued to have to do the work themselves. So we weren't pushing the information into the organization. Consequently, we have this repetitive problem. So -- I -- yes, there is a financial network plan. Again, the Manager has seen it and has supported it, as has the Mayor, and it has been presented to the Finance Committee. It has been presented to the Audit Advisory Committee as a result of the recurring findings that we have also had -- continue to experience in our independent financial auditor's opinion. It's called the management letter. Tice Chair Gort: Right. Ms. Larned: So we could fill all these vacancies, but it's going to help us with the City of Miand Pane 143 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 day -today -work, which those folks are keeping on track as long as it doesn't require the approval of a Manager, and then I try to get to the department at least three times a week. During the holidays, I was able to make it there every single day and spent time with them to approve the work. We have scattered some of the approvals out -- throughout the organization, and nay heartfelt thanks to Danny Alfonso for stepping to the plate and several of the people in his department. My colleagues, Luis Cahrera and Alice Bravo, have all stepped to the plate and I am beholding to them. So were continuing to operate and then working with their departments to make sure that they're responsive to Finance. And in all of this, it may say so, it's interesting because we are communicating better, and sometimes a crisis brings about a Phoenix. And while it's slow and it's not meeting the deadlines that we need to meet, there are some very positive things happening. But again, the recruitment for the - what I'm now looking at and have assessed and have worked very hard with -- I've worked -- they've worked hard is our HR (Human Resources) Department because they have heen responsive. And, yes, I've had to compete with the Police Department. But those folks have turned around things in 24 to 48 hours, no greater than a week, and that's why we have been able to move this along as Justly -- as fast as we have. So my hat is off to them and my colleagues in the HR Department. So we are moving. It's just it's like you do all this background work and then when it starts popping, it's going to fall in place very quickly. Mice Chair Gort: So I can understand, the person who will he coming in f oin outsource, what will he their responsibility? Ms. Larnea': These are people that are experienced in the compilation of the CAFR. Now, the compilation, as I reported last spring, has to do with preparing schedules, then pulling items as requested by the auditors, and also refreshing what is called footnotes, and footnotes are extremely important as a disclosure requirement. The next is the management discussion and analvsis section and then you have the transmittal letter. Those are all narratives, not unlike the budget, which has a great deal of wonder. ful information in there. The Comprehensive Annual Financial Report has a similar format, a lot of narrative with a f nt, schedules, and then you go into the supporting schedules and you get a whole lot more details. So you start out hig and you drill down and you get a little hit of explanation. Chair SarnofJ: Okay. Ms. Larnea': More than anyhody ever wanted to know about accounting, I apologize. Chair Sarnojj: All right. I know -- Commissioner Suarez, did you want to say something? You were signaling about ten minutes ago. No? Okay. Anyhorly else on this most thrilling CAFR? Commissioner Carollo: Mr. Chairman, to conclude. Chair Sarnoff: Yes, sir, you're recognized for the record. Commissioner Carollo: Thank you. And I appreciate that all oJYou have had patience with this. I know its nota sexy subject. I know -- Chair Sar Haff • Not like Police, you're right. Commissioner Suarez: You make it sexy. It's all good. Commissioner Carollo: I know its not a sexy subject. I know its honing. But its extremely important. And realistically - Commissioner Suarez: Of course it is. City ofAtiand Pane 144 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Commissioner Carollo: -- everything stems from the hudget and, realistically, our financial reporting, our CAFR is where we let the world know how were doing and where were at. And it starts, you know, all eyes from the hudget process. Our ending numbers is our beginning numbers fbr the following years. So you know, when we said, hey, are we going to have a surplus of Tbinount or T'amount, well, here's where we're going to have external auditors testing to see if what really is the amount and see if the financial statements are materially stated correctly. So it's extremely important, even though, once again, I know it's a boring subject. So thank you for your patience. D3.3 DISCUSSION ITEM 12-01486 UPDATE 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. 12-01486 Email - Lack of Adequate Milling & Resurfacing Streets.pdf DEFERRED Note for the Record: Item D3.3 was deferred to the February 14, 2013 Commisison Meeting. Commissioner Carollo: However, D3.3, which is actually good news, I'll defer itfbr the next meeting. D3.4 DISCUSSION ITEM 12-01487 DISCUSSION REGARDING COMPLIANCE WITH THE FINANCIAL INTEGRITY PRINCIPLES ORDINANCE. 12-01487 Compliance - Financial Integrity Principles Ord.pdf DISCUSSED Commissioner Carollo: And I have more financial questions with D3.4, but I'll try to make it, you know, somewhat quick, even though, you know, again, it's -- it could be somewhat lengthy. Chair Sarnoff: You're recognized for D3.4. Commissioner Carollo: Okay. And D3.3, I already said that I will defer it to the next meeting. Chair Sarnoff: Thank you. Commissioner Carollo: D3.4 deals with the financial integrity, principle, and this is discussion item that I am bringing before you. It's to begin the steps so that we can adopt a plan and come into compliance with our financial integrity principles. Listen, I know it's been some tough budget years, and like I mentioned before, you know, some of us -- at least I did -- walked into a financial mess from the very beginning. It seems like the financials of the City was in shambles and we've been dealing with it ever since, but you know, I think it's lime.ft- us to be a little bit -- actually, a lot more proactive, and it's time to move forward and stop this cycle of financial missteps. So I want to go over some of the noncompliance financial integrity principles, and it's not just one, it's quite a few of them, and address it with our Administration to see how we are going to be in compliance or how we adopt something as a Commission, and it doesn't have to be today, but how we start dealing with it and actually have a plan in order to be in compliance in the near future. And I'm not sure if it's the CFO (Chief Financial Officer), Danny, a combination. As a matter- offact, 171 go a step further. I've also reached out to our internal City of Miand Pane 145 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 auditor, because what I expected from an internal auditor was not just someone that, yes, tests but -- and plays catch up -- catch up game or the gotcha game, but what I really want also is added value. I want him -- even though he cannot test his own work, what I avant is to he able -- on some of these issues, to speak to our management and give them some tips on how we could be in compliance. So I've also reached out to him with regards to some of these issues, and I will hope that he will be more involved in the near future. With that said, financial integrity principles number two -- and I don't know who's going to address this, if (it's going to he a combination ofMr. Alfonso and the CFO. I know we don't have a finance director, but I thank this is a relatively easy one, hut want to make sure that it has been implemented and where we are, Danny, and we're talking about minutes from the Estimating Conference Committee, you know, the financial expertise of the non -staff principles and also if the minutes are being taken. Daniel Alfonso: Okay. Danny Alfonso, budget director. The report that you got from the auditor -- Commissioner Carollo: Right. Mr. Alfonso: -- that mentions that it was not in compliance is the 2011. Commissioner Carollo: Understood. Mr. Alfonso: That meeting was -- Commissioner Carollo: Understood. Mr. Alfonso: -- held before I even got to the department. In 2011 for the '12 -- Commissioner Carollo: Right. Mr. Alfonso: -- we conducted the meeting. Those minutes were kept. We have them. We have provided them, as a matter of fact, to the auditor for the '12 audit that is being done. Ifvou recall, there was -- actually, in the budget that was passed in 2011 for '12, there was a letter produced as a result of that meeting, et cetera. So that will be in compliance. Commissioner Carollo: So you foresee that we will not have a -- Mr. Alfonso: That will not he out of compliance. Commissioner Carollo: Okay. And that's why I wanted to address it and make sure because it seemed, from your response to the audit, that you were going to implement, so I just want to verify. Another issue we have in noncompliance was dealing with grants and applying for reimbursement on a timely basis to minimize the period that the City funds are on float. I know this is something that we've discussed in the past. We -- even with our external auditors, but I think, you know, we need to address it. We need to finally be in compliance and fix it. You know, when were talking about these grants, we're talking about particular to the urban search and rescue and the UASI (Urban Areas Security Initiative) grants. Our internal auditor stated that in the urban search and rescue, they were an average of 160 days late. And in the UA SI, they averaged 84 days late. And I don't know if someone from Fire also could come. But realistically, that's unacceptable. We need to, you know, move forward with that. I don't know if there's a plan. I don't know where were at, you know, but the bottom line is that we need to correct this. Mr. Alfonso: Yes. The departments that manage those grants are required to -- Commissioner Carollo: And by the way, my intent, once again, is to fix this, okay, and he in City ofMiand Pane 146 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 compliance. But even as far as accountability, the fire training coordinator is the one responsible for this. So, again, I just -- my intention is for everyone to be in compliance so we can move forward, so we could address all these missteps, you know. So I just want to know where are we with that. Mr. Alfonso: I cannot answer for the UASI grant. Mice Chair Gort: Well, my, understanding, we've been told here that we no longer give out funds until we receive the funds ourselves. In other words, before we used to he the hank and we used to loan the funds. My understanding, that has changed; we don't do that anymore. Mr. Alfonso: That is my understanding as well. Mice Chair Gort: Okay. So that's still on. Okay. Commissioner Carollo: Okay. This -- then, if that's the case, we should not have a finding or we should he in compliance this year, correct? 'Cause I have a feeling we're not going to he in compliance this year again. And, again, my intention is to he able to move forward and he in compliance with all of our financial integrity principle [sic], not just one or two but all of them. And this is one that continuously we get hammered in the external audit report and, ohviously, our financial integrity audit is also, you know, hitting us with it or finding us in noncompliance. And these are number of dates that elapsed between dates that the quarterly reports are due and the dates that the respected reimbursement requests were actually submitted. Janice Larned: Mr. Chair, City Commission, Janice Larned, assistant City manager, chief financial officer. I personally have been working with the Fire Department, and we identified an issue within the process to where we believe now that goingforward, we will he able to have those expenses timely submitted. The issue for some prior years --and I believe the years are -- and I71 get hack to you with accuracy -- but there are some older years that as they began to close out those grants that, while it appears that the current process is not in compliance, the fact is it an old item because some of these federal grants, particularly when it comes to emergency management or the UASI for hardening, for storms, et cetera, do in fact have problems in the past. But I can submit to you that I have worked with the folks in the emergency operations center. I have worked with some of their analytical and financial staff And we are, in fact, seeing improvement there. But I will yield to the Fire Department at their leisure and they can give you a more specific report. Commissioner Carollo: Is the Fire Department here or --? And again, listen, you know, I appreciate the patience my colleagues have had with me, so I don't want to hone them with some of these, you know, issue, but I think it's, you know, extremely important. And I don't mind, you know, some of these questions, bringing it back at the next meeting. But the bottom line is that, you know, I just -- we need to move forivard. So, Chief, do you need more time? Do you want me to bring this back for the next meeting and have time? And do you know what I'm discussing? Maurice Kemp: Yes. Maurice Kemp, Fire Chief. Ms. Larned is right. She's been working very closely with my staff to address the issues of the grant performance periods and how that pertains to the audit, so I expect that we will be able to come to a resolution on that particular issue. The global issue, I don't know all the details of what you were discussing, but as it pertains to the FEMA (Federal Emergency Management Agency) grants, she is -- she explained it correctly. Commissioner Carollo: Yeah, there's actually two. You have the urban search and rescue and the UASI grant. City ofMiand Pane 147 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 ChiefKemp: Yeah, both are FEMA grants. So those issues are being addressed, working in conjunction with the CFO, Ms. Larned. Commissioner Carollo: Okay. One thing, it's being addressed. Another thing is that we will now he in compliance. When you say they're being addressed, does that mean that the issues going to be fixed and I don't expect to see anymore noncompliance in this area? Chief Kemp: No, that's not what I mean. I mean we're working toward a resolution on the issues. Commissioner Carollo: Here's the thing, though. It's been three years now. It's been three years that Tin hearing this, and I want to know when are you going to come and tell me -- ChiefKemp: I think Commissioner, there -- Commissioner Carollo: -- we have the issue resolved? ChiefKemp: -- are several issues, not -- this is one particular issue that we're working on a resolution for. But there have been sign f cant findings over the years as it pertains to FEMA grants, and there are a lot of issues attached to those grants and we have shown a lot of improvement, but I can't tell you there will he no findings this year as it pertains to those grants. Commissioner Carollo: Okay. But I i-vant to get to that point where there is no findings, and I'm being more specific with this one because that's how the auditors were. Were talking about the reimbursements. So I'm being a little bit more specific with this. And you know, from the time you submit your reimbursement, you know, like I said, I think it was 168 -- averaging 160 days late with the urban search and rescue and about 84 days late averaging with the other. So I just avant to make sure that -- listen, I want to fix the problem, you know. My intent is to fix that problem. So, for the past three years, I've heard the same thing. I want to know how do we fix it. And by the way, I reached out to our auditor, our internal auditor, and you know what, if he needs to get some guidance, then I want it to he value added. You know, I don't want him just -- for him to audit this and do a gotcha. You know, I want him to evaluate -- this is what I think is happening and be able to tell you all so you all could fix it; he audits again and the issues fixed. But really my intent, Chief, is to once and fbr- all have this faxed, okay. ChiefKemp: I understand. Commissioner Carollo: And that's really my intent. But for the past three years, I've heard the exact same thing and I'm getting to a point where, okay, so when do we have it fixed. Okay? Chief Kemp: Okay. Commissioner Carollo: Thankyou, Chief: Chief Kemp: Thank you. Commissioner Carollo: Danny, Madam CFO. Our financial integrity principle, this is one that's been spoken about quite a hit, which is our reserve funds. Between assign and unassigned revenues -- I mean -- I'm son_v. Between assigned and unassigned reserve, we should have approximately $93 million. We're no -- Hr. Alfonso: We will not be in compliance. Commissioner Carollo: Right. Were nowhere near that and I understand. City ofMiand Pane 148 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Mr. Alfonso: Were better than we were. Commissioner Carollo: Listen -- Ince Chair Gort• We're getting there. Commissioner Carollo: I understand. Were nowhere near that and I understand, and we've had some tough, you know, financial years. Commissioner Suarez: I want to jump in on this one, by the way. Commissioner Carollo: Hoi-vever, when the City falls helow its 10 percent threshold, it is this City Commission, okay, that needs to adopt a plan and achieve that threshold within two fiscal years, and the City Manager should be giving us an oral report on the second Commission meeting of every month. Now, again, I'll he the first one to tell you, yeah, I've been somewhat lenient with this because we've had some extremely tough budget years. You know, it's been tough on our employees. Actually, it's been tough decisions up here that we've also made. However, I avant to start the discussion on a long-term plan to build our reserves and then, once we finally build our reserves, make sure that we have the discipline to keep it there. So I want to start opening that discussion. Mr. Alfonso, I know we've already started some of that discussion. The one area that could tell you I don't see any hudging is that we lower our standards. Jam not looking at lowering our standards and you know what I meau,.from 10 percent/10 percent to -- I don't know -- 5 percent or 7 percent, where the total being -- or I'll leave it at that, just loi-vexing our- percentage. I'm not looking --that is not a resolution to me. So I know we've heen in discussion and, again, my intent here is not to keep you all forever and all night, but we need to start this discussion. I want to start it. I know we alreadv have, but we need to have a plan and I vivant a plan that this City Commission adopts as per our ordinance. Commissioner Suarez: Mr. Chair. Chair Sarnoff: Commissioner Suarez, you're recognized -- Commissioner Suarez: Thankvou. Chair Sar Haff • -far the record. Commissioner Suarez: Thankvou, Commissioner. This is something that I've harped on for -- really for -- since I got here. When I first got here --this predates pretty much everybody up here from the administrative perspective --one of the first things that I was told, aside from we're out of bounds, for our budget year by $25 million, was Commissioner, would you consider expanding the number of years for us to came up with a plan. And I remember it was --I think it was the CFO at the time and I remember saying, Okay, well, what's your plan. And they said, Well, we don't really have a plan. We just want you to consider expanding the number of years. Commissioner Carollo: Unacceptable. Commissioner Suarez: And I said, no. I would not do that. If you come to me with a plan that requires more time than what we already have in our- ordinance, it's already a bad sign that we would be doing this. It's a step in the wrong direction, but at least we have a plan. There's some justification for doing it. That never happened. I've been harping on it continually over and over again. As the Commissioner said, you know, now its in our audit report yet again. And I avant to thank Mr. Alfonso and Ms. Larned for meeting with me and starting a process of creating a plan, and I'm sure they've met with Commissioner Carollo, so that's good to hear, that they're also meeting with the Commissioner. They should be meeting with all of us, to he honest with you, because I'm sure all of us have specific input on how we want to see that plan go forward, City ofMiand Pane 149 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 and I just want to say, you know, that this is a very good start. There's just one or two things that I would like to see additionally. One of them is -- obviously, I don't -- you know, I just want to say that --and we talked about this in our briefing. You're constructing a plan. You're talking to the different Commissioners. That doesn't necessarily mean I'm going to agree with every aspect of the plan or that doesn't necessarily agree [sic] that the plan will be accomplished by adopting every single aspect of it because, as the Commissioner stated, we have to get to a certain number, but there's a variety of diferent strategies to get to that number. And so what's important is that we have a variety of different strategies that this Commission can look at from a policy perspective going forward to get us there. One thing that we talked about that I don't see in here is -- it's under other options that may be considered but are not part of the above recommendation. You put sell City -owned property to generate one-time cash inflow to reach required reserves, and then you give an example. I think -- which is good, because I think that's kind of what I'm looking at, but I think would like a little hit more specificity, like doing some sort of'an audit of'our -- maybe Tm just talking about changing the way that it sounds, which is to do an audit to see how many properties we have in the City ofMiami, you know, which ones are not productive. We're not in the process --we're not in the business of banking land. We're not in the business of maintaining property that we don't get any rental income from. I think the District 7 Commissioner in the County did an analysis of how many properties the County has and it's an astonishing number. I mean, I think it was like more than they have of employees or something like that. I mean, it was something astonishing. So I think if we were to do that, we could identi fv -- because what happens is government grows over time. A lot of -- you know, in many cases. So we acquire pieces of parcels here. People give us property. I mean, from a variety of different contexts. And so I think- we need to do an analysis of what we have in our inventory, what it's costing us, and see if we can get rid of some of the stuff that's not productive. But this is a very good example because this is a big hit. This is one that could get us almost half of the way, to our reserve threshold if were able to effectuate that transfer. By the way, it's a transaction that's been talked ahout for many years as well, and I don't know why we haven't moved fbrward on some sort of options, for this Commission to consider, but I'mnot going to get into that. That's kind of like a side issue. But no, I really want to drank you because you took seriously my desire to want to work on this. You came to the office, both ofyou. You know, you listened. You came up with something good. And I want to work with Commissioner Carollo and the other Commissioners to adopt something that, first of all, is feasible because I think we're at a point where we can do it, and obviously, its a requirement, and I think it spears to the financial health of our organization that we are actually.fbllowing our own rules. That's something that I'm -- you know, that I've always been kind of a stickler for. So, you know, thank you for bringing this up. I think -- and thank you for working with me on it, and I look forward to continuing the work until we have something finalized that the Commission can hopefully adopt and, of course, not only adopt but implement. I know -- I'm not sure that the plan requires that it he implemented as much as it requires that it be adopted. And certainly, we're doing it in good faith to try to implement it, not just to adopt something so that we can meet a requirement. So, you know, again, I thank everyone involved in this process for working with me personally on helping develop this. Mr. Alfonso: It may, Commissioners. I want to say it's a little unfair to three of the Commissioners here that haven't actually seen what you -- what the two of you are talking about. The idea was we're still drafting this. We're going to share it with the -- all Commissioners, get all the, feedback and then have something. So I know that -- I'm thinking over here -- the Commissioners are thinking, I haven't seen anything of what they're talking about, so you know Commissioner Carollo: And -- Mr. Alfonso: --you want a discussion item -- Commissioner Carollo: Mr. Alfonso, in all fairness, this is a little bit, you know -- and I've City ofAtiand Pane 150 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 placed this as a discussion item, and it's something that it's like a little bit of work in process, a lot of things that we've spoken about. I know you --I guess you used an example. You know, Commissioner Suarez, that's something that, you know, I've been in discussion with Danny. As a matter of fact, there's a -- there is a property building, City -owned, in District 3 thatfYom -- and I haven't tested the numbers or I haven't checked the numbers, but it appears it's losing about $300, 000 a year. And I'm saying, whoa, wait a second. If were losing $300, 000 every year, why don't we just sell the property? How much can we get for it, okay? And, you know, these are things that we're looking at. And by the way, you'll see, I'mnot a fan of selling City property. I'mreally not. And that's a one-time, you know, fix. So I'm not a big advocate of that. However, there are instances where it is feasible, and that's something that we've spoken about. And this is a ivork in progress. This is nothing -- nothing is etched in stone. Nothing, you know -- But the bottom line is, I think it's getting feedback from all of us. I'm sure Danny's going to start going to everybody. And Danny and I think our CFO should be involved in this with regards to doing some type of plan where this Commission could actually approve or adopt a plan so we can meet that threshold that we need to meet. Commissioner Suarez: And let me just say on that issue. I'm not -- what I m talking about is over time, we have a tendency to expand. You know, tax revenues grow, over time, and then it seems like the anomaly is a contraction because tax revenues typically grow. We've had a situation where we had a very acute contraction in a very short period of time, a very long expansion. So I think what happens is in that contraction, that's when you dip into your reserves, that's when you start, you know, doing things, and I think that's also a good point to look at nonproductive assets, not, you know, core assets, not invaluable assets which we have, but I'm talking about like nonproductive assets. And I think, obviously, the one that we're losing $300, 000 a year on is the perfect definition of a nonproductive asset. So, you know, we're --I think we're all on the same page on that. Commissioner Carollo: Thank you. Danny, moving forward -- and I would suspect that this is going to generate a lot of discussion in the near future and that's with our reserves. And I think it's healthy and it's time that it's done. I won't adopt something. I want this Commission to adopt something so we get our reserves or at least have a plan on how we're going to get our reserves where they need to be. Danny, multiyear financial plan, it did not include all the critical components. Mr-. Alfonso: No. Commissioner Carollo: It's been implemented. Mr. Alfonso: That is correct. Commissioner Carollo: Okay. And I'm notgoing to get into the different components that it did not include and so forth. You're telling me it's being -- it's been implemented, so I should suspect that we're not going to be -- we -- that we will be in compliance. Mr. Alfonso: That is correct. Commissioner Carollo: Okay. Multiyear capital improvement plan. Once again, all the critical components were not approved, adopted on time. As a matter offact, the irony is it's a lot of the information that I've been requesting and requesting and requesting, and I'll read directly from the audit report: A listing of active projects, which include date funded, amount hudgeterl, amounts spent since the start date, remaining budget, fiscal impact of known changes to financial assumptions underlying the project, estimated expenditures by fiscal year of the project, and estimated completion date. So again, where are we? I -- am I going to see another finding? The irony is that this is a lot of the information that I've heen requesting for months and I am not receiving. Mr. Manager, and I'm sure some of the things that l just read must sound familiar City ofMiand Pane 151 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 because I've been requesting it for quite a while. And -- Mr. Alfonso: The capital plan is something that is brought to the Commission by the CIP (Capital Improvements Program) Department. Commissioner Carollo: Right. Mr. Alfonso: I believe there was one recently approved. Commissioner Carollo: Understood, but it did not include all the critical components, which is -- and critical components is some of the things that I just mentioned, you know. And again, we can bring our internal auditor -- he did the audit -- and let us know. But what I'm -- but my intent, once again, is, moving forward, that we are in compliance. So I don't know. And I don't know if now is the right time to ask, but if right now you need some time to digest it, I will he asking this again. Mr. Alfonso: We'll carry that infbimalion over to CIP, make sure they can respond to your questions, sir. Commissioner Carollo: Thank you. Debt management, Danny. I'm not going to go into specifics because -- I mean, you know what this is. But pretty much, long-term, exceeding useful life of debt fund assets. Let me ask -- T'ice Chair Gort: You can explain that, yeah. Commissioner Carollo: -- pointblank. Has the City management done an inventory and inspected prospected debt funded assets to ensure that their useful life meet or exceed long terms? Ms. Larned: Not to my knowledge. Commissioner Carollo: Why not? Ms. Larned: That, 1 don't have a response, for at this time. Commissioner Carollo: And with all due respect -- Ms. Larned: Yes, ma'am --Yes, sir. Commissioner Carollo: -- that is unacceptable. I mean -- Ms. Larned: Commissioner -- Commissioner Carollo: -- that is telling me that our financial team is not looking at our own internal audits, our own ordinance that we are not in compliance with. And we're not even taking a step to fix the problems. So that's unacceptable. Ms. Larned: Yes, sir. Commissioner Carollo: I -- Vice Chair Gort: If I may? I think part of the response was that certain bond issues that are -- the life of the subject being financed is a lot longer than the bond issue itself or versa [sic] versa. So it depends on the type of bond issue when you talk about debt service. I remember reading something on the respond to that. Somebody responded to that and I remember -- City ofAtiand Pane 152 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Ms. Larned: If I may? Vice Chair Gort: You were explaining why that took place. Ms. Larned: Yes. I've been working very closely with Robin Jones Jackson, and ive have been working with the independent auditor general's office to show where, if you will, that certain serial payments that are made early on can he identified and matched to that particular expected life of the asset, and so that's to your point and its an excellent point. Have we got that formalized yet? And that I -- in fairness to the Commissioner's question, no, sir, we don't have that formalized in the Finance Department and in a routine review, nor are we coordinated in any way with the CIP staff and employees to make certain that becomes routine. But that is part of what we've identified that needs to be done, and suffice it to say, we have a lot of work to do. Commissioner Carollo: I expect that -- Mr. Manager, I expect that the Administration's going to be addressing this rather soon. And again, my intent is to move this forward. And these things that have not been addressed -- and I don't know why they have not been addressed, but the bottom line is these financial issues that have not been addressed will he addressed so that we are in compliance with our financial integrity principle ordinance. The next one, which I know we're not going to he in compliance this year because it deals with issuing our CAFR (Comprehensive Annual Financial Report) by March 31, so you know, again -- and issuing monthly financial statements or monthly, financial reports within 30 days from the close of the month. Listen, we just need to get better, and I'm being kind about it because I'm really, really upset. The last one, fill cost of service. Danny, I think -- did you implement that? Mr. Alfonso: We did the cost allocation plan for 2012. That -- Commissioner Carollo: I remember. Mr. Alfonso: -- will be in compliance. Commissioner Carollo: Okay. Thank you. That's alll have. Don't be surprised if you see this in my discussion item again in the next Commission meeting and so forth. Chair Sarnoff All right. Commissioner Carollo: Thankyou. Chair Sarnoff: Anybody else want to talk about D3.4? No. END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ D4.1 DISCUSSION ITEM 13-00018 DISCUSSION REGARDING IMPLEMENTATION OF GUNFIRE LOCATOR SYSTEM. 13-00018 Email - Implementation Gunfire Locator System.pdf 13-00018-Subittal-Commissioner Suarez.pdf City of Miand Pane 153 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be DEFERRED PASSED by the following vote. votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Nate far the Record: Item D4.1 was deferred to the February 14, 2013 Commission Meeting. Commissioner Suarez: Mr. Chair. Chair Sarnojj: You're recognized for the record. Commissioner Suarez: Just a quick question. I have a discussion item that I'd like to defer. I don't know if you think it's appropriate far me to deffr it right now or just move it -- bounce it right now and just get it out of the ivay. Chair Sarnojj: It's a pretty light agenda, evervone, so if *-- maybe -- Commissioner Suarez: Whatever. you prefer. Chair Sarnoff: -- you can shape it a little bit right non,% so go ahead. Commissioner Suarez: Okay. Yeah, it's D4.1. I'd just like to defer it one more meeting to, I guess, the what, February 14 meeting? Ince Chair Gort: Which one? Todd B. Hannon (City Clerk): That is correct, Commissioner, February 14. Chair Sarnoff: D4.1. Commissioner Suarez: D4.1. It's one of my discussion items. Chair Sarnojj` Deferral to the newt Commission meeting. We have a motion. Commissioner Suarez: Yes. Chair Sarnaff: Is there - ? Ince Chair Gort: I'm sorry. I didn't hear it. Commissioner Suarez: It's okay. Chair Sarnoff D4.1. Chair Sarnojj` D4 (District 4) -- one of 'my discussion items. Vice Chair Gort: No problem. Commissioner Suarez: Yeah. Chair Sarnojj` So we have a motion. Is there a second? Vice Chair Gort: Second. Chair Sar Haff: Any discussion? Hearing no discussion, all in favor; please say "aye. " City of Miand Pane 154 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 The Commission (Collectively): Aye. D4.2 DISCUSSION ITEM 13-00019 DISCUSSION REGARDING MODIFICATION OF SECTION 2 OF THE "INTERGOVERNMENTAL AGENCY AGREEMENT TO PERFORM TRAFFIC ENGINEERING FUNCTIONS" BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY. 13-00019 Email - Traffic Calming Devices.pdf 13-00019 Intergovernmental Agency Agrmt.pdf DISCUSSED Direction by Commissioner Suarez to the Administration to reach out to Miami -Dade County by the February 14, 2013 Commission Meeting to determine the possibility of modifj4ng the Memorandum of Understanding (1I0U) between the City ofMiami and Miami -Dade County for the purpose of enabling the City Commission to govern the placement of traffic control devices on non -arterial roads within the City ofMiami. Commissioner Suarez: Four point two is an issue that's near and dear to my heart and I know that -- I know it's late and I'm sorry. But this is something that I've been talking about, for a couple of years, which is traffic control devices on nonarterial streets. And I had been asking and directing everybody in this government to come up with either legislation that we can advance at the County level or something to deal with that issue. And included in the backup, the MOU (Memorandum of Understanding) which governs our relationship with the County. And so what I'masking is by February 14, by our next Commission meeting, if our Administration can reach out to the County to see if that MOU can he modified so that we can finally take back control of our traffic control devices on nonarterials. All want is for us to have the final say. They can do the studv. They can make a recommendation. But we should have the final say, because 90 percent of *our traffic studies are being denied by the County, at least mine. And now they're starting to soften up a little hit, which is good, but the fact of the matter is, we should -- this goes to the delay of our CIP (Capital Improvements Program) projects. This goes to the same general problem, not being able - funds that we have, funds that we have allocated, you know -- and the people just don't -- they don't -- it's hard to explain to the people of my district why it takes so long to get a traffic control device and why -- and then what happens is they'll go by a certain area of the City and they'll say, well, they got one there and then they didn't get one there. How come they got one? How crane, you know --? So the fact of the matter is if we have the money -- you know, I can't tell you how many CIP projects that I have that are, funded, that are lr affie circles, that are not being built, and our residents are very upset. I'm sure it goes the same way for all of us, so I think I've harped on the issue enough. Please, please go to the County, particularly given our new deal with the County for solid waste. Now is the time, hopefully, to get some things accomplished. Chair Sarna.f: Let Commissioner Gort had to say. T'ice Chair Gort: This is something I've been talking ahout for the last two years, and I don't want a circle, just a simple --that's being requested, places where we have problems. My understanding is, the County have done the research, the study, and they deny it. I have asked I don't know how many times -- fbr a lot of them, they have seen in neighborhoods where there's no traffic -- to give me a copy of those studies. I haven'tgotten them. Because I can tell you, the lr affie is not there but the circles are. Chair Sarnoff: And for whatever it's worth -- City ofMiami Pane 155 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Commissioner Suarez: Yes. Chair Sarna. f: -- I don't know about you guys, but I probably spend 30 percent of my day on doing what the County is supposed to he doing far the City of Miami. You told me about Northeast 2nd Avenue, a project, and they're putting in a new roadway, but they have no money for trees. Alice Bravo (Assistant City Manager/Chief')flnfrastructure): For maintenance of the trees. Chair Sar naff For maintenance of their trees. Ms. Bravo: Right. The City's implementing the construction of 'the project on a County roadway and there's a lack of funding fbr maintaining trees so we're -- we've been asking not to include trees in the typical section. Commissioner Spence -Jones: Right. And even though they've been asked to do that, we're asking the County Commissioner to weigh in on that. Chair Sarnoff: Correct. Commissioner Spence -Jones: Because originally -- Chair Sarnoff: Because were going to use City money on a County roadway which they properly tax us as City residents. Commissioner Spence -Jones: Yeah. Chair Sar naff • And what they're doing is --you know, we're still available. We're right here. You can reach out. You can grab us. County, you know, you go up what, ahout ten feet higher, about a hundred more seats in the audience. You can't get to your County Commissioner so quickly. Were held accountahle, but they're not getting held accountable. And I don't know about the rest of this Commissioners, but I spend 30 percent of my day dealing with things -- No, the County should be doing that. The County should be doing that. I -- you know -- and I end up funding projects that the County should he funding. Commissioner Spence -Jones: But we've had this conversation about Northeast 2nd Avenue. So I know that's one of the things that we're recommending is that definitely the neighborhood association in the Buena Vista area reach out to the County Commissioner to at least weigh in on her stuff because they're not going to do anything unless it comes fvom the County Commissioner. Chair Sarnoff: And it's important -- what she says is right because whether it's Audrey Edmonson or whether it's -- I don't know who it is. Let's leave it as I don't know who it is. But once that County Commissioner's had ample time to do something about it, you know, I want to put it in nay newsletter that we have a choice, either we start putting trees in County roadways or there won't he trees because that does piss off people. Youzow, that does piss off people. Now, I want the County Commissioner to know 'cause I want to give that person, male or female, ample time to say -- You know, let's not kid ourselves. You know, County Commissioners get three quarters of a million dollars of discretionary spending. Three quarters of a million dollars to do anything they want to do with that money. That doesn't even get to their PTP and all the other (UNINTELLIGIBLE) money and their half -cent sales tax. And we are a very small player in the County, and they need to step up and start playing the same piano we do. Commissioner Suarez: Mr. Chairman, if7 may? City ofAtiand Pane 156 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Chair Sarnoff: Sorry. Yes. Commissioner Suarez: No. I just -- I think it also has to do with, you know, the size of the Counly and the bureaucracy there, and also sometimes I feel like -- and I've interacted sometimes with staff in the County and it just seems like they don't want to make a decision or they're reluctant to take a chance or risk something. Anyhow -- Chair Sarnoff: You know, Commissioner, you remember about three Commission meetings ago, they were going to come back to us with the exact amount of money that they had been taking out of Water- and Sewer for the past ten years? Commissioner Suarez: Yes. Chair Sarnoff: You notice they haven't come hack. Commissioner Suarez: I'll give you another example. We have 22nd Avenue, between Coral Way and US 1. We had a project designed. We did a traffic study to reduce the number of lanes to make it look like Segovia and Coral Gables. That was the -- kind of *the model. And project disfunded. Study was done, said that the lanes could he reduced, but we don't have County approval so. I mean, that's an example of what the Commissioner was talking about in terms of us having the money and having the approvals, but getting -- having a bottleneck. And so it's on, you know, all of us to figure out ways to get around those bottlenecks so. Mice Chair Gort: Sometimes we give up leverage. Commissioner Carollo: Mr. Chairman. And just so you know, I had the same issues. Just last night I was in a community meeting with Haydee and it was same issue. Where was the stoppage or the standing point or the bottleneck? And it was the County approving, you know, traffic. So i-ve're all there. D4.3 DISCUSSION ITEM 12-01455 DISCUSSION REGARDING MIAMI 21'S BLANKET PROHIBITION ON COMMERCIAL VEHICLES IN RESIDENTIAL ZONES. 12-01455 Email - Miami 21's Blanket Prohibition.pdf DEFERRED Note for the Record: Item D4.3 was deferred to the February 14, 2013 Commission Meeting. Commissioner Suarez: Four point -- I'm going to defer 4.3 to the next one. D4.4 DISCUSSION ITEM 12-01456 DISCUSSION REGARDING CREATION FLAT RATE FOR BUILDING PERMITS FOR RESIDENTIAL PROJECTS UNDER $2,500. 12-01456 Email - Creation Flat Rate For Building Permit.pdf City ofMiand Pane 157 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 DISCUSSED Chair Sarnoff: All right. Commissioner, your back up. Commissioner Suarez: Okay. My next one is -- this is one that's very important to me. About a year ago, the average cost of a building permit, for residential work that is under $2,500 of value i -vas approximately $45. This consisted primarily of an application fee of $40. Over the last year, those fees have been increased and switched to a new software system. Now the average cost of a building permit for residential work under $2,500 is approximately $224, which is a 500 percent increase. This means that we are charging our residents over $200 to pull a permit to change a toilet or to replace a window. So I changed my toilet and it cost me almost more money to pay for the permit than for the toilet itself and, you know, that's obviously absurd. And you know, what I would like to do is bring legislation to correct this. Bring the cost back down to $40. I think it does two things: One, it's more in line with the amount of work. And secondly, it encourages people to comply with the law. If the fee is excessive in comparison with the amount of work, people are just not going to pay it. They're going to do the work without a permit. So I i-vould love firr the Commission to chime in on this. It will have a fiscal impact. I avant to be transparent. It will have a fiscal impact. And it -- depending on the threshold of the Commissioners, it could he a significant fiscal impact. It could be as close to $300, 000 of a fiscal impact. But I think the impact of the cost in comparison with the benefit, I think -- to me its imperative that we do things to help our residents. We are -- we live in a poor city. It doesn't make sense to pay for a permit that's greater than the actual cost of'a small fix in the house. It encourages people not to follow the law. So you know, I'd love to hear what the Commissioners thoughts were for me bringing this legislation and hopefully getting support of the Commission. Commissioner Spence -Jones: I would definitely want to hear from Danny because I don't know f*he equated, you know, any of this in the numbers just in general. Was that something that you included? Building, it's fine, you can add, 'cause it's really your budget. Mariana Fernandez (Director, Building): No. I can answer to the question. Now, to the Building Department, there's no, fiscal impact i- whatsoever. It will he for the Planning & Zoning budget because the increase in the difference between the old system and the new system is the new zoning fee that is required for all the plans. Commissioner Spence -Jones: So is Planning here? I mean, what is --? Barnaby Min (Zoning Administrator): Barnaby Min, zoning administrator. Well, just to be clear, the zoning fees that did go up I believe in February of 2011, those were for significant developments that require, you know -- with regards to a single family residence or anything like that, such as building a new residence, build an addition, something like that. If it's simply a change of a window or the change ofa toilet or adding, you know, electrical -- Commissioner Spence -Jones: Doesn't affect the -- Mr. Mira: -- boxes, there's no zoning review, so they'll he no zoning fees involved with that. Commissioner Spence -Jones: But he's basically saying he didn't calculate that cost. Commissioner Suarez: Yeah. That's not what our e-mail (electronic) correspondence indicated to as. But I mean -- Commissioner Carollo: Mr. Chairman. Chair Sarnaff: Yeah, go ahead. I'm. sorry. City ofAtiand Pane 158 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Commissioner Carollo: Thank you. You want to ask, you know, what your colleagues think. Well, let me start -- Commissioner Suarez: Sure. Commissioner Carollo: -- chiming in on this a little bit. You're i- witnessing one of the major issues we have in the City. If you asked three or four different directors, you're going to get three or four different answers. If you ask three or four different inspectors, you're going to get three or four different answers. Unfortunately, if someone wants to do the right thing and pull a permit, no one really knows what the heck to do. I've experienced it. I've gone as, far as having the Planning director, the Building director, the City Manager -- who else, Mr-. Manager? -- oh, Public Works, all in the same room, to see how the heck we do something. And even there, I've seen that there are discrepancies on what needs to he done and so forth. So you're actually witnessing a much larger problem of what we have. Commissioner Suarez: Can I get the Commissioners -- my colleagues to mayhe agree on this, that if there -- if the problem does exist, if I -- through my investigation of this process, my continued investigation -- and I have, by the way, e-mail correspondence between our office, Mariano, our office, and Deborah Fagan and our office, and Ileana Oliva, with all this information. So, you know, I just want to know that if 'it does in fact exist as a problem, that I think we all agree, as a policy matter, that it doesn't make sense for us to have for, you know, residential permits that -- for work that's less than $2,500, thatfor people to pay $225. If that does in, fact exist, then that's something that we should change because that's -- that leads to a result where sometimes it costs more money to pull a permit than it does to actually do the fiat itself: Chair Sarnoff Let's bring it hack. Commissioner Suarez: Thankyou. Chair Sarnoff: This is -- Commissioner Carollo: Bring it hack. Chair Sar Haff • -- easy. Bring it hack. Mr. Fernandez: No problem. Chair Sarnoff If it's accurate and what you said is true, I'm all in fa -- I support it completely. Ince Chair Gort: Is there a rule that if it's less than $500, they don't have to pull a permit? That's -- Mr. Fernandez: There is some wording in the Florida Building Code that allows the building official authority -- or statutory authority not to require a building permit. We are in favor of the Commissioner's approach, that from the Building Department paint of view. There is other departments, and I think the point is well taken. We'll bring it hack to the Commission. Mice Chair Gort: I think what we need to bring hack is what -- how many departments the person have to go out to change a toilet. Okay. Chair Sarnaff: Let's just -- Ince Chair Gort: It's very simple. City ofMiand Pane 159 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Chair Sarnoff: This is easy. Let's flush this out. It's really simple. If its a toilet, we need to flush it, let's flush it out. Mr. Fernandez: We'll bring it back in front of you, Commissioner. T'ice Chair Gort: Thank you. Chair Sarnoff: All right. Commissioner Suarez: Thankyou. Thankyou f6r your indulgence. Chair Sarnoff: Anything else on D4? Commissioner Suarez: No, sir. END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 DISCUSSION ITEM 13-00035 DISCUSSION AND UPDATE ON CDBG CENSUS ISSUES. 13-00035 Email - Update on CDBG Census Issues.pdf DISCUSSED Commissioner Spence -Jones: But you guys have some information on the GORA (Gun Offender Registration Act) Act. We want to continue to look at it because what 1 really want to make sure is I don't want to have -- you know, create a situation where, you know, now having people being targeted because of it. So some of the other legislators are concerned about it, and we've been flushing it out to figure out whether or not it makes sense or to figure out something else. And this is all just an attempt to kind of really address the issue of the number of guns, at least that I know that I'm witnessing in my district. Last night on niv way home there were two more shootings in the heart of Liberty Square, and so gunshots and gun victims happen a lot in my district. But let me deal with the first one, and I want -- is George here? And Kirk has already gone, but I just really want to make sure on this CDBG (Community Development Block Grant) issue -- 'cause, you know, eventually, this stuff *is coming back up again and people are going to need support once again and we're going to have a problem. So I know that George has been working on this. I know our trips last year with --to -- actually to HUD (Department ofHousing and Urban Development) on this issue, we were able to make some, you know, adjustments and some -- I would -- advancements, I would say. So George, can you just give us an update on this whole census issue real fast with CDBG? George Mensah: Okay. George Mensah, director, Community Development. Last year we went to DC (District of Columbia) and spoke to HUD and we went -- meet with some of the congressional delegation. After the DC, we were able -- we were assisted by Congresswoman Ileana's office and we were able to meet with the Census Bureau. When we met with the Census Bureau, we give -- basically showed them the graph that we showed you in terms of how overcrowding has changed from 2000 to 2005, the difference. And even though they agreed with us, they still thought that their numbers were right. So what we decided to do is when we came City ofMiand Pane 160 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 back to Miami, I called a meeting of *all the cities in the Miami -Dade County. And through the Miami Foundation, we are in the process of doing a census, a small census of overcrowding in Miami -Dade County. It's supposed to start next week. And the Census Bureau has agreed to look at our results and then maybe they can make adjustments to the numbers based on that. So that's what I just want to report. But I also want to add that we still don't know how much allocation we are going to get this year, and it's all hecause of what is going on in DC. There's no budget and as far as there's no budget, we will not get any allocation this -- the -- Congress still continues to operate on continued resolution. This particular one ends in March, so by March we hope that there will be a budget that will allow to get an allocation. Our fiscal year starts on April 1, so on April 1 we will start the fiscal year without a budget. And so ]just -- I've already alerted the City Manager and the Budget director and the CFO (Chief Financial Officer) about this issue so that they are aware of what is going on. Commissioner Spence -Jones: And the reason why I wanted him to bring it up is because I know all of our senior programs, our youth programs, everyhody that needs help, you know, with their programs, they're going to be coming to us. And one of the things that drives me nuts in the City sometimes is when there's a hig issue, we all show up. You know, everybody's involved in this whole issue of CDBG and then we drop it. We don't continue it until we complete it. So I want to thank George for staying on top of 'it because, really, it's all going to boil down to the census in the end. So were not going to he able to make the adjustments in the formula until that happens. So I thank you guys for staying on top of it. I just wanted to let you know, come April, we're going to be looking at -- where's Danny? We're going to be looking at Danny. So I'm just making sure that eveiyhody understands -- right. And Danny's face is like -- Mr. Alfonso: Yes, Commissioner. Commissioner Spence -Jones: -- don't look at nae, right? Mr. Alfonso: The exact question? I'm sorry, I didn't -- I missed the question. Commissioner Spence -Jones: No. Just basically, he's saying the CDBG dollars that -- you know, that the -- our residents depend on, George says, as ofApril 1, if things are not adjusted, we're going to have a issue -- Mr. Alfonso: Right. Commissioner Spence -Jones: -- you know. and we still have to pickup the phone and answer the question to our constituents about why the senior programs are not happening, so I just want to make sure that we're thinking about this stuff in advance, very similar to what, you know, they were speaking of on another issue. Mr. Alfonso: Commissioner, that's correct. And that is one of the things that I brought up in my budget discussion as one of the things that may impact -- Commissioner Spence -Jones: Yeah. Mr. Alfonso: -- our budget this year. I don't know if you recall. Commissioner Carollo: And Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: Thank you. If I can have Mr. Menendez come up because -- Commissioner Spence -Jones: Mensah. City of Miand Pane 161 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Commissioner Carollo: No, Menendez. Commissioner Spence -Jones: Oh, Mendez [sic]. Oh, okay. Kirk Menendez (Intergover-ramental Affairs Liaison): Tin here. Commissioner Carollo: You know, we all have lobbied our Congress for the flexihility and I know there's a gridlock. Do we have any plans, whatsoever, for us to make up that money one way or another? Or are we still paying our lobbyists? Commissioner Spence -Jones: Is CDBG one of the issues that you're pushing? Mr. Menendez: Yes. For the last, I would say, two years we've had multiple trips to Washington. We've met with senators, congressmen. Marin Diaz-Balart presented legislation last congressional cycle and, as you all know, despite the best efforts -- and I know a great many of you participated in those trips -- Congress is in a stalemate. Debates over the years: this is an earmark. It's not an earmark. We've proved that it wasn't an earmark. Party politics as usual. We're still pushing ahead fighting, but best efforts, we'll continue. It's -- Chair Sarnoff I'm curious how that's an earmark because I don't know if you're all aware of this, but the money that they passed for the storm up in New Jersey and New York, did you see the number of earmarks attached to that? Mr. Menendez: Yeah. Chair Sarnoff So there's no earmarks but there's earmarks. Okay. Commissioner Spence -Jones: I just got -- thank you. Mr. Menendez: Okay. Commissioner Spence -Jones: I just -- Chair Sarnoff Yealz. I was going to say, prohahly doesn't work,for South Florida, Iguess, but -- Commissioner Carollo: Thankyou, Mr. Menendez. D5.2 DISCUSSION ITEM 13-00044 DISCUSSION ON GUN OFFENDER REGISTRATION ACT (GORA), WHICH WOULD REQUIRE INDIVIDUALS CONVICTED OF CRIMINAL POSSESSION OF A FIREARM TO REGISTER THEIR CURRENT ADDRESS AND PERSONALLY REPORT TO THE CITY OF MIAMI POLICE EVERY SIX MONTHS. 13-00044 Email - Gun Offender Registration Act (GORA).pdf WITHDRAWN Chair Sarnoff:- All right, D5. Commissioner Spence -Jones: Finally, huh. I'm not going to keep y'all long. I am not going to keep you guys long. I promise. I'm - as a matter offact, item D5.2I'm pulling. I've already told the Chief that. City of Miand Pane 162 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 NA.1 DISCUSSION ITEM 13-00127 END OF DISTRICT 5 NON AGENDA ITEMS COMMISSIONER SUAREZ ACKNOWLEDGED THE INTERNS FROM THE CITY ATTORNEY'S OFFICE, THANKED THEM FOR THEIR SERVICE TO THE CITY OF MIAMI AND WELCOMED THEM TO THE CITY COMMISSION CHAMBERS. DISCUSSED Commissioner Suarez: Mr. Chair. Chair Sarnoff: Right now we're going to have a point of privilege to Commissioner Suarez. Commissioner Suarez: Thankyou, Mr. Chair. I was told that ifl spoke for a couple more minutes, we'd break the Guinness Book of World Records fbr the longest protocol time, so I'm shooting for that. No. I just wanted to take a second to recognize the interns from the Lait, Department who are here. Every so often, were lucky enough to have members of our legal community or of our future legal community come and spend some time working in the Citv of Miami and learning how the City Attorney's office functions. And in many cases, those young individuals, or young lawyers to be, have an opportunity to work with the City fbr many, many years. So I just want to thank them, fbr donating their time. And if you can raise your hand, I think you guys are hack there in the back there. We want to thank you. Thank you so much. Applause. NA.2 DISCUSSION ITEM 13-00139 DISCUSSION BY COMMISSIONER SUAREZ REGARDING THE USE OF ON -DUTY POLICE OFFICERS FOR THE PURPOSE OF PROVIDING SECURITY TO PRIVATE ESTABLISHMENTS. DISCUSSED Chair Sarnoff: Moving on then. Commissioner Suarez, I know you have two pocket items. I'm going to ask you to bring up your pocket items. Commissioner Suarez: Ido. And I m going to bring up my pocket item first because I know there's someone in the audience that's been waiting fbr a while, and out of courtesy to him, 171 let him -- it was a question that was posed to me last week regarding a police officer that was stationed in a private establishment and whether or not that police officer was on duty, and if so, why would a on -duty police officer be at a private establishment, if that's the case ? Chief: Manuel Orosa (Chief 'of Police): We post police officers in private establishment all the time for crime and security reasons. Commissioner Suarez: So -- okay, so you're saying that in this particular case, the officer was on dutv? Chief Orosa: For the most part, yes. City ofMiand Pane 163 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Commissioner Suarez: Okay. We'll talk about the actual specific case because I want to make sure that in this particular case, on this particular issue, the officer was on duty 'cause I -- I mean -- listen, I -- we have a lot of residential property owners. We have -- Chief Orosa: No, I understand you. Commissioner Suarez: -- a lot of commercial property owners. Chief Orosa: if you want to discuss it, Pin. fully prepared to discuss it. Commissioner Spence -Jones: What is it? Because I would like -- Chief Orosa: It's a art gallery that is basically in the middle of *both your districts, that the owner approached me, and he has a $700 million art collection from Portugal on loan, and he asked me, for security. And I told him that he needs to hire security guards, which he did, and then I would provide an officer to go around and check and make sure and spend a, few hours here, a few hours there, as long as it's open to the public. He started in Art Basel. He opened it to the public. He's got school kids going on field trips over there. And as apart of our commitment to that community, I told him. I'd he able to put an oficer there, have an oficer go by. It's basically the heat officer. It's basically an officer that works in the area and -- Commissioner Spence -Jones: I'm just curious 'cause I know we -- Commissioner Suarez: No, no, no. I -- Commissioner Spence -Jones: -- need heat officers out there -- Commissioner Suarez: -- think it -- I didn't know -- Chief Orosa: Right. It's -- Commissioner Spence -Jones: -- all the time, so I didn't -- Chief Orosa: -- Wjmwood. Commissioner Spence -Jones: Right. Chief Orosa: Its the Wynwood area, basically right -- a couple hlocks away fi^om your district. And Commissioner, my problem with all this is that if something happens to that art collection, then it's going to be where was the police. It's $700 million international art collection, never before seen in the western hemisphere, and I provided security; one person, off and on, to the -- to that particular art gallery as part of a fi^ee exhibit -- Commissioner Suarez: Right. Chief Orosa: -- of a museum -qualify art collection. Commissioner Suarez: Well, first ofall,Mr. Chairman, iflmay. May J? Chair Sarnoff Oh, I'm -- yeah, feel free. Commissioner Suarez: Yeah. I don't know what's happened. Audit was a legitimate question that was posed to me, I think. Whenever a citizen ora resident or someone who cafes about our government has a concern that -- City nfMiam,i Pane 164 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Chief Orosa: Or a convicted felon. Commissioner Suarez: Whoever. I mean -- Chief Orosa: Correct. Twice over. Commissioner Suarez: We don't -- listen, when you get a public records request, I don't think you treat anyhody any differently, right? I sure -- I certainly don't. Chief Orosa: No. I have the attorneys deal with it. Commissioner Suarez: Right. But the point is that you don't treat anybody any differently when you get a public record's request. Chief Orosa: No, of course not. Commissioner Suarez: Right? So i -then I get an inquiry, I don't treat the person any different. In fact, sometimes I get inquiries by e-mail (electronic), I don't even know who the person is. It could he an anonymous person. And so I treat everything the same. Chief Orosa: Sure. Commissioner Suarez: If someone makes an inquiry that I find legitimate, I'm going to ask a question. No need to he defensive. I'm not being accusatory in any way, shape, or form. I would --just wanted an explanation. Chief Orosa: And, Commissioner, I'm not defensive. I only -- the only curiosity I have out of all this is why didn't Mr. Crespo come to me and ask me the question. He gives me puhlic records requests all the time. Is this something he's got up his sleeve or something? I don't know. That's why I was caught by surprise when I learned that you were going to bring it up. I have nothing to hide. Commissioner Suarez: Right. Chief Orosa: This is, like I said, a $700 million art collection that if something happens to it, the whole City of Miami would receive a black eye -- Commissioner Suarez: Sure. Chief Orosa: -- especially in the middle of Art Basel. Commissioner Suarez: Sure. Chief Orosa: So -- Commissioner Suarez: No. I mean - Chief Orosa: -- I think that it's good money that we're getting in return -- Commissioner Suarez: Right. Chief Orosa: -- the entire community. It's open to the puhlic. It's open to field trips from kids, from Dade County Public Schools. So it's going to he here until the middle of March, and I will he providing services, for a lack of a better word, so I invite you all to go and take a look at the City ofMiand Pane 165 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 art collection. And like I said -- Commissioner Suarez: Thankyou. Chief Orosa: -- never been seen in the western side of this hemisphere -- in this hemisphere, and it's from Portugal. Commissioner Suarez: And by the way, I don't -- you shouldn't he surprised 'cause I let you know beforehand that was going to ask questions. Chief Orosa: No, no, no. I understand, I understand. Commissioner Suarez: Okay. Right. Not from my perspective. Chief Orosa: It's just when you told me, it caught me by surprise. Commissioner Suarez: Okay. So it was a question that was asked of me. I thought it was a legitimate question when I don't have the full context of -- Chief Orosa: Sure. Commissioner Suarez: -- what's going on, so I let you know that I was going to ask that question so that you i-vouldn't he surprise. I don't know why I wasn't given the answer before I asked the question, but that's okay. That's my fault. I take responsibility for that. In any event, I'll definitely -- I'd like to continue to discuss it with you -- Chief Orosa: Sure. Commissioner Suarez: -- because, you know, someone who has enough money to have a $700 million art collection probably has enough money -- Chief Orosa: No. It's loaned from a museum to the gallery. And the individual, you know, I guess hes got money to pay for security guards but not necessarily have an off-duty officer there. And the off -duly officer -- it's not of duly. The on -duly officer goes by and, you know, spends time there, providing more of a visibility than anything else. It's far the outside so people are aware not to go in and do something stupid to the collection. And like I said, it's a collection from a Portuguese museum that was loaned over for Art Basel and it's remaining until March for -- it's free to the public, and that was my main intention; that if it's free, especially for kids to go see that type of collection, why notprovide some type of security, rff and on, in the place. Commissioner Suarez: Thankyou. Thankyou,for the explanation. Chief Orosa: You're welcome. NA.3 RESOLUTION 13-00140 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RICK SCOTT AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT FUNDING OF THE LOCAL SERVICES PROGRAM DURING THE 2013 LEGISLATIVE SESSION; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 13 -00140 -Submittal -Memo and Legislation.pdf City ofMiand Pane 166 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0046 Chair Sarnoff: You had a second pocket item? Commissioner Suarez: Yes. The second one is --it's a resolution of *the Miami City Commission, with attachments, urging Governor Rick Scott and members of the Florida Legislature to support the funding of the local service, LSP, program. We've gotten --I did this last year as well. We've gotten some indications that this funding might be in jeopardy again. So prior to the legislative session. 7 wanted to -- Commissioner Carollo: Move it. Commissioner Suarez: Thankvou. Trce Chair Gort• Second. Commissioner Suarez: Second. Chair Sarnoff: We have a motion. We have a second. Any discussion? Hearing no discussion, all in favor, please say stye. " The Commission (Collectively): Aye. Commissioner Suarez: And let me just say that the reason why I wasn't here during the legislative priorities section of the discussion was because I hadn't met either with the director in advance of that. And, you know, so I think it's important for our directors to know that when it's something -- a matter- that's important to all of us, they shouldn't ask us if we want a briefing; they should just schedule a briefing, because we get a hundred e-mails (electronic) a day, so we may miss an e-mail here, we may, miss an e-mail there. So just schedule the briefing. If we don't want the briefing, we'll cancel the briefing, but schedule the briefing. I think it's a good idea to schedule it, particularly in -- of a matter of that great import 'cause then we can all have our two cents and things may conte off or go on that, you know, are not controversial or whatever. So thank you so much for your- support on this. NAA DISCUSSION ITEM 13-00142 DISCUSSION BY COMMISSIONER SPENCE-JONES ADDRESSING CHANGES IN STAFFING DUE TO RETIREMENTS IN KEY POSITIONS. DISCUSSED Direction by Commissioner Spence -Jones to the Administration to provide the City Commission with a report listing all key positions that will be vacated due to retirements and include an action plan that will address the training/hiring of replacements with enough time to ensure a seamless transition. Commissioner Spence -Jones: The other things that l just wanted to mention is one is a directive to the City Manager, and I think that we've been talking about this all day in around about manner, but 7 think it's extremely important, at least coming into the next agenda. 7 would like to at least have a listing of all of the individuals that are going to be transitioning out this year. I City ofMiand Pane 167 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 think one of the biggest issues that we have that's happening or has happened, whether or not it be finance, budget, or whatever the case may, is the instability. It is the fact that you have new individuals that are coming into post that are trying to figure their way out, you know, or through the process, and no matter what you do, you lose time, you know. So Pin just concerned --I know, that our City Attorney, I know she doesn't plan on staying here. She's looking at the mountains already. I just want to -- I really don't want us to be caught in the end. Haydee, is it this year, Haydee or next year? Haydee Wheeler (Director, Neighborhood Enhancement Team Director): July. Commissioner Spence -Jones: July. You know, we have some people -- Mice Chair Gort: Institutional knowledge. We need -- Commissioner Spence -Jones: -- that have been therefor a minute. These people need to be training someone else, if that's the case, you know, and even if it's not training someone. Because I think the City Attorney, just like the Clerk, I think we need to have a process that needs to he opened because it's a different situation. We need to he getting with -- where is -- Human Resources early enough now to start the search, like we did the last time with everything else. I just do not want us to he caught off guard. And what happens is, then we start making decisions based upon us being rushed and not, you know, being ready. So I would like to -- and I know this is something that Commissioner Gort has been taking aboutfbr a minute. But I would like for it to be officially presented to us to say, okay, these are all the positions that we know because of the DROP (Deferred Retirement Option Plans), because of whatever, they're going to he transitioning out. And then what is actually that plan for that? Because I'm telling you -- we're in what month now? We're in February. Chair Sarnaff: February. Commissioner Spence -Jones: Okay. So -- and I know there's probably some people in the DROP right now, you know, over the next couple of months. Johnny Martinez (City Manager): If '-- Commissioner Spence -Jones: So I don't need to know the answer now, but I would like, for you to at least present some sort of -- and I know you're working on it, probably with Commissioner Gort, but I'm just asking that we accelerate it and bring it in front of the City Commission so we all know. And especially like I said, a post like the City Attorney is different than a reg -- we have to make the decision on the City Attorney, so that needs to start, to me -- you know, and not that we're trying to put you out. 1 know you ready to go anyway. But I think that we need to start working on that immediately. So if we can during the -- probably when you return, because I think you should he here for that discussion, that we bring -- that you bring that to the foref cont or to the next meeting. Mr. Martinez: Yeah. And we'll he prepared for that. We've identified -- or Beverly has. She's met with every director and identified key positions where we should hire four, five, six months ahead of time so that they start gaining the knowledge base of the position so as one person transitions out, the other one hits the pavement and, you know, running so we -- the learning curb is reduced. So we've identified those key positions, sitting with each director, and have a plan to start bringing in people ahead of time for that transition period. Commissioner Spence -Jones: So I just want to make sure that that's brought -- Mr. Martinez: Yes. we will -- City ofMiand Pane 168 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Commissioner Spence -Jones: -- in f ont of this Commission and we all hear the same presentation at the same time. Mr. Martinez: Yes. NA.5 DISCUSSION ITEM 13-00144 DISCUSSION REGARDING THE PROCESS OF APPOINTING AN ACTING CITY MANAGER IN THE ABSENCE OF THE CITY MANAGER. DISCUSSED Commissioner Spence -Jones: And then just going to put it out there. And I know you're not going to he here at the next meeting, correct? The next meeting is on February 14. Okay. So just in case -- because he's having two knees -- I know you feel like you're Superman and all of that, butt want us to be mindful, you know, that f*the Manager's not here, there're going to be key issues on the 14th that -- I'mnot saying staff would not he able to do that -- deal with that, but did askyou this in nay briefing. I would like to know in advance who's going to he sitting in your chair, okay. Commissioner Carollo: By the way, Commissioners, let me say something. When the City Manager is not sitting in his chair, the Mayor appoints someone, but it's ratified by this Commission. That has never happened. Commissioner Spence -Jones: So the City -- Commissioner Carollo: The City Commission needs to rates whoever his replacement is, if he's going to be out of town, if he's going to he, you know, wherever. In his absence -- you know how many times our former City Managers or even Johnny has been out of town for somewhere and we've received an e-mail (electronic) saying that this is our appointment. Well, that appointment really needs to be ratified by the City Commission. 1 think the City Attorney -- and I don't want to put words in her mouth, but I think we've gone -- I don't want to say it's a loophole by saying if you have any issues with it, then send an e-mail or contact its. But realistically, anyone that is placed in that position needs to be ratified by this Commission. Commissioner Spence -Jones: And I'mjust putting it out there, and I know that people don't want to talk about it, but 1 just want to be very clear. I think it's important -- as Commissioners, we got things that we need to get going in aur district -- or keep going. So you know, you and I had -- I know you said it's up to the Mayor, and that's fine, but the Mayor needs to let us know, you know, what his intentions are so we know how to operate over the next couple of weeks. Mr. Chairman, what were you saying? Chair Sarna.f: The Mayor decides who will sit in -? Commissioner Spence -Jones: Yeah. That's what I found out, yeah. Commissioner Carollo: As per the Cit), Attorney, yes. Julie O. Bru (City Attorney): Mr. Chair, the charter does say that in cases of the temporary absence or disability of the City Manager, the Mayor appoints a subject to the City Commission approval. In the past, the practice has been that the Mayor designates, informs the Commission by a memo, and de facto, if the Commissioners don't express an objection de facto, it's considered that you've approved his appointment so. Commissioner Spence -Jones: What do we do in the mean --? I'm just -- this is a question. See, City ofMiand Pane 169 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 these are the kind of things that I think are extremely important because, Johnny, you're going to be back on the 14th, but let's say you're not because of your knees, okay. I know you feel like you're a spring chicken and you're going to he okay, but you know, I would rather your knees he all right, okay. So my question becomes, if you're out on the 7th, right -- as soon as you leave on the 7th, right, hetween the 7th and let's say even the 14th or after that, when do we have the opportunity to say we agree or we disagree, Madam City Attorney? Ms. Bru: Again, it's -- you know, your charter does require that it's subject to the approval of the City Commission, any appointment that the Mayor makes in order to fill in any, you know temporary, absence or disability. Again, in the past the Mayor sends the memo, you get it, and if any of you have an objection to such appointment, it would he incumbent upon you to then address it, you know, as a collegiate body then. Commissioner Spence -Jones: But do we have to call a special meeting for that? Ms. Bru: Well, depending on the timing, I would suppose that, you know -- I think it would be appropriate ifyou -- if this is a disability or an absence that's anticipated, it would be appropriate for you to request that the Mayor give you sufficient time to he able to react to the appointment. I mean, the past practice has been that it's been a de facto approval. I don't recall any instances where the Commission has ever ohjected to an appointment that the Mayor has made. That doesn't make -- mean that you don't have the authority to do so. Ince Chair Gort• Well, one of the things Ilike to put into the record is a lot of times I've asked question because they have taken action that is not in the code. I know -- although it's not in the code, what was the practice? That's something that we have to eliminate. Either we have a code or we have the practice. Ms. Bru: But I think the Mayor sending a memo and the Commission -- Yice Chair Gort: No, I understand that point of view, because it could he an emergency -- Ms. Bru: It's an appropriate way to handle it, you know. I mean. Chair Sarna.f: So from a practical standpoint -- let's all be practical here -- on February 7 you're having your right knee done, correct? I happen to believe you'll not he here on Fehruaiy 14, unless you're a man of incredible fortitude or you're on the best drugs they've ever come up with. Ms. Bru: And then there's a question whether or not he's able to he here if he's on drugs. Chair Sar Haff • Fair enough, fair enough. So my guess is being who you are on February 13, you'll make that critical decision: go, no go. And then -- so the Mayor will appointment somebody on February 13 or 14th -- well, on 14th, and we'll come here on the 14th and we'll either approve or say we don't accept it. And the Mayor can come right back down, I guess, and say i-vell, I'll appoint -- Commissioner Spence -Jones: No. What he's saying is -- Commissioner Carollo: (INAUDIBLE) 7th. Commissioner Spence -Jones: On the 7th? Ince Chair Gort• He will not -- Commissioner Spence -Jones: He leaves on the 7th. City ofAtiand Pane 170 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Mice Chair Gort: He will have to appoint on the 6th. Chair Sarna.f: Oh, you're right. I'm thinking about who will conduct the meeting, 'cause you actually asked the question is who'll be here for the meeting. Commissioner Spence -Jones: I'm talking about who's going to run the City. Ms. Bru: Right. Commissioner Spence -Jones: That's what Ion talking about. Chair Sarnoff: I got you. Ms. Bru: It's all of the duties. Commissioner Spence -Jones: And I don't know - Ms. Bru: It's all the duties -- Commissioner Spence -Jones: -- I just want to know who Ms. Bru: -- of the Manager. Yeah. Commissioner Spence -Jones: That's all. Ms. Bru: It's not just attending a meeting. It's -- Commissioner Spence -Jones: Right. Ms. Bru: -- carrying out all the duties of the Manager. Commissioner Spence -Jones: Its who's running the City. Chair Sar naff • No. You're right, you're right, you're right. Commissioner Spence -Jones: Who's -- Chair Sarnoff: So effective February 7 -- Commissioner Spence -Jones: -- at the driver seat. Chair Sarnoff: -- who's going to do it. Do you have any idea who the Mayor's going to appoint? Mr. Martinez: No. Commissioner Spence -Jones: Did you make a recommendation? Mr. Martinez: I spoke with him, butt don't know what his -- Commissioner Spence -Jones: The question was did you make a recommendation? Mr. Martinez: I spoke with him about alternating. Commissioner Spence -Jones: So you made a recommendation? City ofMiand Pane 171 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Mr. Martinez: I made a recommendation to alternate. Commissioner Spence -Jones: Oh, okay. Chair Sarnoff.- Who were you alternating between? Commissioner Spence -Jones: It's only two to alternate. Hr. Martinez: The assistant City managers. Commissioner Spence -Jones: You only have two, right? Mr. Martinez: In theory, you have -- not in theory, in practice, we have three. Commissioner Spence -Jones: Who's the third one? Mr. Martinez: Janice. Todd Hannon (City Clerk): Excuse me. Chair, I'm. sorry. Mr. City Manager -- Commissioner Spence -Jones: We can't hear you. Mr. Hannon: -- were not picking you up on the recording. Mr. Martinez: Janice, Luis andAlice. Commissioner Spence -Jones: Olt, okay. Chair Sarnoff.- And how -- just for the hay of it, how will we rotate them? Commissioner Spence -Jones: And how do we know when they're being rotated? They're going to send memos each time? Mr. Martinez: I don't know. I mean, the Mayor has left Luis in charge twice and Alice once. I don't know what -- Chair Sarnojj: So I -- what you really did was say any one of these three people are capable. Okay, so why don't --? Commissioner Spence -Jones: I'm sorry for bringing it up, but I thought it was important to communicate 'cause we have a lot of things going on, and I just don't want, in the midst of it -- you know, ifJohnny's out jor two weeks or three weeks and we don't really -- I think it's -- these are the kind of discussions that should he had. Honestly, they should -- this should have been had hejbre today's meeting because then we could have said while the Mayor was here, you need to go ahead and let us know -- in fairness even to the staff, so they know how to prepare and be ready far it. Commissioner Suarez: We have a charter. Commissioner Spence -Jones: So -- huh? Commissioner Suarez: We have a charter that we have to fallow. Commissioner Spence -Jones: Right. So anyway, I'm sorry jor being the person that's bringing City ofAtiand Pane 172 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 up something crazy but -- Chair Sarnoff: So here's what we'll do, since there's nothing we can really do about it right now. We will issue a directive to the Mayor asking him tomorrow to tell us what -- how he intends on appointing a person or persons in Johnny's absence for ever as long as Johnny thinks it needs to be. Commissioner Spence -Jones: Yes. Commissioner Suarez: Mr. Chair. Chair Sarnoff: Wait, wait, wait. It's pretty easy. Commissioner Suarez: Go ahead. Chair Sarna.f: If's pretty easy. Commissioner Suarez: Sorry I jumped the gun. Chair Sarnoff: He then will respond to us in writing. If any of,You want to have a special Commission meeting to ratify that, just call me and I will designate a meeting. Commissioner Suarez: Can I say it a different way? Commissioner Carollo: And by charter, can we do that? Commissioner Suarez: Yeah. I was going to say, the way -- what I would say is concomitant with that directive -- Chair Sarnoff: I like that. Commissioner Suarez: You like that. Chair Sarna.f: I love that word. Commissioner Suarez: -- I i-vould ask the City Attorney to give us an opinion as to what we have to do to make it constitutional. In other words, do we have to have a meeting? Do we need to, you know, ratify that decision? What do we need to do to comply with our charter as we should he doing? No, no, you don't have to answer now. Ince Chair Gort• (UNINTELLIGIBLE). Commissioner Suarez: You don't have to answer now. He's directed the Mayor to do something and I'm -- we're directing you to do something so that it all is legitimized. Chair Sarna.f: Give us the procedure or practice. Once the Mayor gives us his directive, give us a practice or procedure, tell us what the code says, and tell us practically how to apply it. Commissioner Suarez: ThankYou. Ms. Bru: I could do that now, if ,you want. Chair Sar Haff • Well, go ahead, tell us now. Commissioner Suarez: Don't do it now. City of Miand Pane 173 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Commissioner Carollo: Yes. Hs. Bru: Commissioner Suarez doesn't want to hear it now. Commissioner Suarez: Okay, okay, okay, okay, okay. Commissioner Carollo: Absolutely. Yeah. Commissioner Suarez: Do it now. Commissioner Spence -Jones: Yes or no? Commissioner Carollo: Yes. I'm -- Commissioner Suarez: Of course. T'ice Chair Gort: Yes. Commissioner Carollo: We need -- Commissioner Suarez: 1 yield. I yield. Chair Sarnoff: It's two paragraph (UNINTELLIGIBLE). Commissioner Suarez: I vield. Hs. Bru: Okay. Commissioner Suarez: l yield. Ms. Bru: Here's the issue, Section 15 of the charter siniply says that in cases where the Manager is absent due to whatever, or disabled -- temporary absences or disabled, the Mayor has to appoint a qualified administrative officer. It doesn't say assistant City manager. It's qualified administrative of to carry out the duties of the Manager; subject to the approval of the Commission. So in the past we have determined that -- because the nature of such a provision is to deal with, let's say, an exigent circumstance. Let's say the Manager, God forbid, was in some kind of accident and he's -- he can't he here tomorrow, right? You know, it would he perhaps impractical to impose upon the Commission a duty to have to have a meeting in order to ratify the acts of the Mayor because it could be a time when the Commission can't convene. So it would he appropriate for the Mayor to send the memo and you can de, facto approve it by not objecting to it and that's in -- for all the years that I've been in the City Attorney's office, that's the way it's been done. Now, if you, as a matter of policv, say no, we want to strictly have a meeting in order to approve it, and do it with the forniality of acting as collegiate it body, that would he also appropriate. So it would be up to you. Chair Sarnoff So dtere's what I recommend we do. Commissioner Carollo: And Mr. Chair, before you do that recommendation, I have a question, andplease hear with me, Madam City Attorney. This is the City ofMiami. Is there a definition of qualified? Ms. Bru: Qualified administrative officer. It would be someone who has the qualifications to perform the duties of the Manager. City ofAtiand Pane 174 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 Commissioner Carollo: But there is -- and -- listen, I know many people would think that, you w kno, I'm being funny, but the bottom line is, you know that in most legal contracts or so forth, you have definitions of everything, and I think that we should know what the definition of qualified is because where someone thinks that this person may be qualified, others may think that they are not. And I would like to see if there is an actual definition of qualified. Ms. Bru: It would he the same qualifications that you took under consideration when you approved the -- Vice Chair Gort: Manager. Ms. Bru: -- Mayor's appointment of the Manager, which is someone with experience in the administration of a municipal corporation. Chair Sarnoff: Okay. So let's do an instruction to the Mayor, asking him to designate who he intends on designating tomorrow, for the City Manager's jab, and ask him to send it to each Commissioner. Any ofyou want to convene a special meeting, just call me. I will try to coordinate all your schedules and I will try to make sure that we convene a meeting as soon as possible. Failing at any Commissioner doing that or myself determining that I have this absolute guttural need to have a meeting, that will mean that we de facto ratify it. Vice Chair Gort: Agreed. Commissioner Spence -Jones: Agreed. Commissioner Carollo: Understood. Chair Sarnaff: Okay, thanks. Commissioner Spence -Jones: Cool. NA.6 DISCUSSION ITEM 13-00146 DISCUSSION BY COMMISSIONER SPENCE-JONES ADDRESSING HER LEGAL RIGHT TO RUN FOR A SECOND TERM OF OFFICE. DISCUSSED Chair Sarnoff: Meeting's adjourned. Commissioner Spence -Jones: Oh, no, no, no, no, no. Come on now. You guys had an hour to talk. I just want to say this last little statement. Can I say this last little statement? Commissioner Carollo: I'm here. Commissioner Spence -Jones: Thankyou. Commissioner Carollo: I'm here. Commissioner Suarez: I'm going to sit down. Commissioner Spence -Jones: You would he here, right? Commissioner Suarez: I'm going to sit down. City ofAtiand Pane 175 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 City of Miami Commissioner Spence -Jones: Okay. I just wanted to just make this statement 'cause I think it's important for me to at least officially put it on the record, because I never had a conversation with my fellow colleagues and I think it's important to do so. And I hate to be the one that put the skunk in the other room -- I mean the first room, but I just really want to make sure that you guys are clear from where I sit. You guys all know that me, my family, my community has gone through a lot over the last two years -- almost two years after I was gone, and I really wanted to make sure that I cleared up any perceptions or confusions or untruths about my ability to run because I understand that that's floating around. And I think it's really important for the City Attorney, even though she issued an opinion, I really would like for her to off dally put it nn the record with you guys -- for you guys to at least know that I do have the right to run. So 1've asked Julie -- and I wanted to do it before we close out tonight's meeting, and I thought it was appropriate, and I thought that all -- certain individuals would be here because I thought it was important to say, because I'm yielding -- I'm dealing with so many phone calls on this issue from people in my community where it's being communicated something totally different and I want to clear that up today. So I'm going to ask for Julie, if she can please put that on the record, because it's been communicated to me that I do have the right to run; that my term was interrupted and that I have the right to have two consecutive terms and I did not have that when I was actually removed from office. So I really want to make sure she puts that on the record, and I want her to be very clear that it has absolutely nothing to do with my compensation. Time and compensation aren't the two things, and I want to make sure that that's clear. And then also, you know, I just want to he very clear -- and this has nothing to do with Julie, but it does have something to do with this issue -- is I want to do away with this, you know, rumor of I'mgoing to say I'm running and then, towards qualifications, Pin going to jump out of the race so that I can allow somehody else. Let me just be very clear. First of all, I would not put my colleagues through that. Second of all, I would not put my constituents through that. And third of 'all, I don't give my word on something and say I'm going to do something and then switch out and do something different. That's just not how I operate. So I want to he veru clear so you hear it from me. My fellow City employees that workfor us, I don't want them to be confused about any of it because all of it -- all this does is create, you know, mass confusion in an organization that we're trying to stabilize. So I thought it was important for me to put it on the record. Julie, if you can just clear it up so that I can leave out of here tonight with a sane mind. Julie O. Bru (City Attorney): Commissioner, real briefly, you had asked for a legal opinion, and I did provide a written legal opinion on the issue of whether or notyou were eligible to run fir reelection after you conclude this term. Our charter does have term limits. Our charter prohibits a Commissioner or the Mayor f -om running for reelection after that Commissioner or Mayor has served two full consecutive terms. I reviewed laws regarding -- well, I reviewed the case law, which is well established, regarding disqualifications fi-ombeing able to r -un for office. And I also, using principals of statutory construction, concluded that you are eligible to seek reelection because you did not serve two full consecutive terms. Your term was interrupted by the governor's suspension. And the black letter law in Florida is that there's a presumption that favors eligihility. Courts have consistently said that for purposes of election, the principles that we adhere to very, very zealously is is that you widen the pool of candidates, not constrict it so that if there's any ambiguity, in any term limits, statute or charter provision, it is construed in favor of eligibility, not disqualification. And indeed' I have to tell you, I don't even think that there's an am ambiguity in our charter. 1 think our charter is very clear that in order to disqualify someone from reelection, it has to have been that that person served two full terms and you did not. Commissioner Spence -Jones: And compensation. Ms. Bru: Has nothing to do with serving your term of office. Commissioner Spence -Jones: Thankyou. Chair Sarnoff: All right, were adjourned. Thank you all. Page 176 Printed on 2/25/2013 City Commission Meeting Minutes January 24, 2013 ADJOURNMENT The meeting adjourned at 7:51 p. in. City of Atiand Pane 177 Printed on 2/25/2013