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HomeMy WebLinkAboutCC 2013-04-11 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, April 11, 2013 9:00 AM REGULAR MEETING 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 April 11, 2013 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM -APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS ES - EXECUTIVE SESSION PART B PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City ofMiami Page 2 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 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 llth day of April 2013, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Regular Commission Meeting was called to order by Chair Sarnoff at 9: 24 a.m., recessed at 11:16 a.m., reconvened at 11: 27 a.m., recessed at 12: 18 p.m., reconvened at 3: 06 p.m., recessed at 3:15 p.m., reconvened at 4:15 p.m., and adjourned at 6: 46p.m. Note for the Record: Commissioner Carollo entered the Commission chambers at 9: 33 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager ToddB. Hannon, City Clerk Chair Sarnofff. Want to welcome everybody to the February [sic] 14 [sic], 2013 meeting of the City ofMiami in these historic chambers. The members of the City Commission are W fredo "Willy" Gort, Vice Chair; Frank Carollo, Commissioner Michelle Spence -Jones, Francis Suarez, and myself, Marc David Sarnoff, the Chairman. Also on the dais are our City Manager, Johnny Martinez; the City Attorney, Julie O. Bru; and Todd Hannon, the City Clerk. The meeting will be opened with a prayer by Commissioner Gort and the pledge of allegiance by Commissioner Spence -Jones. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 13-00434 PRESENTATION Honoree Presenter Parks & Recreation Dept. Commissioner Spence -Jones Tiger Direct Commissioner Spence -Jones 13-00434 Protocol Item.pdf PRESENTED Protocol Item Certificates of Appreciation Certificates of Appreciation 1. Commissioner Spence -Jones presented Special Certificates of Appreciation to members of the Parks and Recreation Department honoring their wonderful commitment to civic responsibility and communal welfare through their support for critical projects that benefit the underserved in our community. 2. Commissioner Spence -Jones presented Special Certificates of Appreciation to Tiger Direct, honoring their wonderful commitment to civic responsibility and communal welfare through their generous donation and support for an important project at Ebenezer Christian Academy, a school working to provide its students with the tools to understand and build computers. City ofMiami Page 3 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Chair Sarnoft We'll now make the presentations and proclamations. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Suarez, seconded by Commissioner Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones MAYORAL VETOES Chair Sarnoff All right, wait, wait, we're going to do two issues real quick. I need to approve the minutes of March 14. Is there a motion? Commissioner Suarez: Move it. Commissioner Carollo: Second. Chair Sarnoff We have a motion by Commissioner Suarez, second by Commissioner Carollo. Any discussion. Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. END OF APPROVING MINUTES NO MAYORAL VETOES Chair Sarnoff And, Mr. Clerk, do we have any mayoral vetoes? ToddB. Hannon (City Clerk): Chair, there are no mayoral vetoes. ORDER OF THE DAY Chair Sarnoff All right, we'll begin with the regular meeting. The City Attorney will state the procedures to be followed during the meeting, and then we will do any deferrals, withdrawals, or any other issues the Commissioners or the Administration wish to proceed with. Julie O. Bru (City Attorney): Good morning, Mr. Chair, members of the Commission, Mr. City Manager, Mr. City Clerk, and members of the public. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the code section about lobbyists is available in the City Clerk's office. The material for each item on the agenda is available during business hours at the City Clerk's office and also on line at www.miamigov.com. Anyone wishing to appeal any decision made by the Commission at this meeting for any matter considered may need a verbatim record. Please, no cell phones or other noise -making devices. Silence those now. And if anyone becomes unruly in the Commission chambers, they will be barred from further attending any meetings. Any person with a disability requiring auxiliary aids, please see the City Clerk. This -- there is a plan for today an executive session, Mr. Chairman, which is scheduled to commence after the break, approximately around 2 o'clock. And the lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon, unless the Chairman indicates otherwise. Thank you. Chair Sarnoff All right. Is -- Mr. Manager, do you have any items you wish to defer or City ofMiami Page 4 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 withdraw? Johnny Martinez (City Manager): Yes, Mr. Chair. Chair Sarnoff Go ahead, proceed. Mr. Martinez: CA.1, the playground at Liberty Square. Our Parks director has some comments to make on that item. Chair Sarnoff You just wish to have it pulled from the consent? Mr. Martinez: Yes, just pulled. And then CA.2, I'd like to defer to April 25. Chair Sarnoff Okay. Vice Chair Gort: I have a question on that one. Chair Sarnoff Go ahead. Vice Chair Gort: Why is it being deferred -- Mr. Martinez: Because -- Vice Chair Gort: -- CA.2? Mr. Martinez: -- when you have an alley closure, you need to have -- we need to have advertised and given advanced notice and we didn't. Vice Chair Gort: Well, my understanding, it was not an alley closing. There's a building already on top of that (UNINTELLIGIBLE). I mean, we got a response from everyone. We've been going on this for four month [sic] now. Mr. Martinez: I agree with you. Vice Chair Gort: These people been on hold for four month [sic], and it's an existing two buildings in that area. Mr. Martinez: I agree with you, sir, and that's why it was on the consent agenda, but then we were advised that we needed, you know, public notice for the item. Vice Chair Gort: Okay. Chair Sarnoff All right. Do any Commissioners have anything they want to address, withdraw? Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized, Commissioner Carollo. Commissioner Carollo: I know this is not the time, but I'm just giving a heads up that I will be requesting a deferral for PZ.1. Chair Sarnoff He's got PZ (Planning & Zoning) -- Commissioner Carollo: PZ, that's a planning and zoning. City ofMiami Page 5 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Chair Sarnofff. Do -- that actually -- can we make that request now because it is not part of the PZ agenda? Todd B. Hannon (City Clerk): It is advertised for 2 p.m. -- Commissioner Carollo: Right. Mr. Hannon: -- so we should -- we can make the announcement, but we should wait till 2 p.m., sir. Commissioner Carollo: Right. Chair Sarnofff. All right. Commissioner Carollo: And all I'm doing is just making the announcement that that's my intention. Chair Sarnofff. All right. Anyone else? I have a Mayor's request to defer RE.5, which is redistricting. Commissioner Spence -Jones: Right. And l just want to be clear -- I'm sorry, Mr. Chairman. Chair Sarnofff. Go ahead, you're recognized. Commissioner Spence -Jones: I do want to -- andl -- and again, this was brought to my attention. Andl guess our districts are the ones that are going to be affected the most, which I don't have a issue. I want to be respectful, the fact he's not here. That's what I told the Administration. But I would like for Miguel to put something on the record so that I'm very clear about -- 'cause I remember Penny stepping up to the mike and she was very clear that we had a very short, small window to address this time period, correct? Chair Sarnofff. Sorry. Miguel De Grandy: Mr. Chairman. Chair Sarnofff. You're recognized. Mr. De Grandy: Thank you. For the record -- Chair Sarnofff. State your name for the record. Mr. De Grandy: -- Miguel De Grandy, 800 Douglas Road. I'm a consultant to the City ofMiami on redistricting. Commissioners, there's different issues. One is the issue of the Elections Department. And as the Mayor correctly states in his memo, there's no actual penalty for failure to do a redistricting at a certain time. However, what understood Ms. Townsley to say is that they were in the process of reformatting -- Commissioner Spence -Jones: Yes. Mr. De Grandy: -- their precincts and that that process needed to begin latest in April, so there is an exigency of time. The second issue is this. Right now your plan is malapportioned as a matter of fact, which means right now, basically, you can have a lawsuit filed against the City claiming a violation of the 14th Amendment. Commissioner Spence -Jones: Yes. City ofMiami Page 6 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Mr. De Grandy: The sooner that that gets to qualiing, the more likely that the court would take that lawsuit and take control of the process for you, okay. Now that doesn't mean that you still don't get a first shot to draft a plan. The case law says the legislative body still gets a first shot to draft a plan, but now a judge can tell you when that's going to happen and how that's going to happen. If you are going to entertain a deferral, what I would suggest is the following. Number one, it should be a very short period of time. Commissioner Spence -Jones: Right. Mr. De Grandy: Because it should be such that if you are sued, you can defend and say we're still within a process. Commissioner Spence -Jones: Right. Mr. De Grandy: Number two, we have already presented alternatives to you. The Mayor has said, basically, come and tell your consultants to present alternatives. With all due respect, been there, done that. And so if you are going to defer, it would be to have the community bring up an alternative that you can consider because I've already given you my best recommendation so -- Commissioner Spence -Jones: Yeah, and we know that we're on the clock with you. So I want to just be clear. I don't have a problem with waiting until the next meeting. The Mayor is not here. I think that he should be here to speak up on the issue. So if we were talking about April, I think the next meeting in April should be cool. And Mr. Manager, if we can make sure just -- it's on the next City agenda, I'm cool with that. Chair Sarnoff The only thing is, Commissioner, I'd like to give it 30 days because I've heard of two plans. And ifI look at my schedule and what I'll be doing, I want to at least meet with both sides. I don't know if I'm going to be able to get that done in the next 14 days. Commissioner Spence -Jones: Okay. Well, let's put it on the agenda anyway. And if we can't deal with it, then we'll defer it over. But I don't want us to have any, you know, slows on getting this process done. I mean, we're -- the City engaged Mr. MeGrandy [sic] for a purpose and a reason, and for us to now not move ahead and make sure that that happens -- beyond any of us sitting on here, you know, the redistricting situation is a very important process, not just for all of us, but especially for our district -- my district, District 5. So I'd like for it to remain on the agenda for the next month, and then after that, then if you're not able to go through it over the next 14 days, then we'll -- we will -- we'll -- Chair Sarnoff The only thing is I know my schedule. I know for a little bit of (UNINTELLIGIBLE) in time, I'm going to be in New Orleans, so my availability to deal with this is not -- I still have the regular chairman duties to deal with and then I have to deal with the redistricting duties. Commissioner Spence -Jones: No, andl understand that. And that's -- Chair Sarnoff And the only reason I'm saying 30 days because lawyers, by their nature -- I don't want to bring him here -- have to plan a day and then come back 15 days later. Commissioner Spence -Jones: Mr. MeGrandy [sic], do you have a issue with it being on the next agenda? Mr. De Grandy: Let me look at my calendar. Commissioner Spence -Jones: Okay, thank you. City ofMiami Page 7 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commissioner Carollo: And, Mr. Chairman, ifI may? Chair Sarnoff Go ahead. Commissioner Carollo: The only thing that I'm -- and I'm concerned about -- and mind you, I was one of the Commissioners that stated when all the residents came forward that we should defer it and give them time and the workshops and give an opportunity for everyone to discuss and come up with various plans. We've done that. Now -- Commissioner Spence -Jones: And we paid money for it. Commissioner Carollo: Absolutely. Now Ms. Townsend [sic] personally came here, personally came here and stated the deadline. Andl thought we were going to make a decision by now and all of a sudden, we're doing another deferral. I just -- I don't know how prudent that is. And, yeah, maybe there's not a penalty, except a lawsuit, and a lawsuit is going to cost us more money. So I'm just concerned. And again, you're talking to someone who's sympathetic with the residents. And when they all came forward, I was the first one to step up and say, hey, let's defer this. However, I'm starting to get concerned now, especially when Ms. Townsend [sic] personally comes here -- and it was late at night -- takes time out of her schedule and stipulates we need this by the beginning of April. I think we discussed it in the last Commission meeting. Everybody was okay. We read through some of the lines and now all of a sudden, we're deferring and -- Commissioner Spence -Jones: And let me just add, Commissioner Carollo. I totally agree with you. I want to ditto you on everything that you just said. But if you were out of town and you asked for something to happen, I would definitely back you up, you know, so I don't have a problem with if we're not going to move beyond April. That's cool, you know. Again, I'm going to ask the Chairman to -- you know, he's going to try his best to look at his schedule. Well, I don't know. MeGrandy [sic], are you available? Mr. De Grandy: Yes, ma'am, I am. Commissioner Spence -Jones: Okay. So we can discuss it when it get -- when we get back, and at least allow the Mayor to put something on the record. Maybe he has something that he may want to add that, you know, we could discuss at the next one before we take a vote on it, if we have to. Commissioner Carollo: Okay. I'm just -- I wish you would have added it, you know, in the previous meetings because this is not the first time that we 've -- Commissioner Suarez: Discussed this. Commissioner Carollo: -- discussed this, but -- you know, listen, the whole City of Miami's going to have an election. I guess the redistrict doesn't affect that, but three other districts are also going to have elections -- Vice Chair Gort: Yes. Commissioner Carollo: -- andl think, you know, in fairness to the candidates, they need to know, hey, this is the district. This is where -- Vice Chair Gort: They need to know. Commissioner Spence -Jones: No, I agree. City ofMiami Page 8 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commissioner Carollo: -- we're going to be running it. Commissioner Spence -Jones: No, I agree. Commissioner Carollo: And if we keep deferring and deferring and deferring and deferring -- listen, I mean, I can come up with an argument every single Commission meeting to defer it again so -- Commissioner Spence -Jones: And -- so, Mr. Chairman, are you cool with that, putting it on the next agenda, and then at that point --? Chair Sarnoff Yeah. I -- am I cool with it? I'm just suggesting that I know what my schedule's like, andl know there are two plans that people are asking me to look at, and to understand the plan -- it's not like a normal like, you know, RE.5 or RE. 6, RE.7. You have to sit down. You have to map out the City. You have to map out the minority participation. You have to do certain equations because you want to proof their plan too. You don't want somebody saying this is really what it is 'cause then I go to my guys, Danny, and say, have you looked at the numbers? Have you done the demographic? Because I don't want to accept what they're saying as true. Commissioner Spence -Jones: Right. Well, I understand. And l just know that we've been -- as Commissioner Carollo has said, we have been going through this process for a minute now, you know, so I just think it's important for us to at least bring some sort of closure to the situation. Chair Sarnoff All right. Let me hear from Commissioner Gort 'cause I know he's been patiently waiting. Maybe not patiently, but waiting. Commissioner Spence -Jones: Yeah. Vice Chair Gort: Let me ask a question. Mr. De Grandy: Yes, sir. Vice Chair Gort: I understand there's two other plans coming up. Mr. De Grandy: Sir, I am -- may I, Mr. Chair? Sir, I'm not aware of any additional plans, other than the plan that was presented to you by the community -- Vice Chair Gort: Correct, okay. Mr. De Grandy: -- at the last meeting. Vice Chair Gort: Any other plan, it's being made by who? Chair Sarnoff Citizens. Vice Chair Gort: By citizens. You know, then those plans might come up. Then my people in my neighborhood might not like them; might want to come up with their own plans too. So this is something we really need to consider. I mean, you've been working on this for a long time. I was involved in 1995 when we did the census and we had all the meetings, all the strategy, and it takes a lot of numbers and a lot of study to come up with the lines. Mr. De Grandy: It does. Vice Chair Gort: I mean, now coming up with two new plans, I won't even look at it, to tell you City ofMiami Page 9 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 the truth. Sony. Chair Sarnoff. All right, so I guess then -- Commissioner Carollo: And one more thing, Mr. Chairman. Chair Sarnoff. Go ahead. Commissioner Carollo: And just for future reference, at least with this Commissioner, when there -- a deferral is asked, let's give the real reasons why deferrals asked because -- Vice Chair Gort: Yeah. Commissioner Carollo: -- all of a sudden we're coming up, oh, yeah, there is another plan in the workings. I could see already some Commissioners are baffled by it. I certainly didn't know about it. So let's give the real reasons. Hey, listen, I want to request a deferral because, apparently, some citizens want to come forward with their own plans. You know, I don't think it should just be oh, we need a deferral 'cause the Mayor asked for it and give additional time. I mean, I think we need to be a little bit more straightforward. Chair Sarnoff. All right. So we presently have is to take out CA.1 from the consent agenda, CA.2 is to defer to the next Commission meeting -- is that satisfactory? -- and to defer RE. 5 to the next Commission meeting. Do I have a motion? Vice Chair Gort: You have to make a motion. Commissioner Suarez: I have an additional item. Are you doing Commission -related deferrals now as well? Okay. May I? Chair Sarnoff. Go ahead. Commissioner Suarez: Thank you, Mr. Chair. I want to defer to the next Commission meeting RE.8, which is related to the reverse redlining. My understanding is that the City Attorney is in the process of negotiating a fee structure with the selected party and needs additional time. But if I may, can I have a little bit of -- Vice Chair Gort: What is that number again? Chair Sarnoff. RE.8. Commissioner Suarez: It's RE.8. Mr. Chair, may I have a little bit of a -- kind of a point of privilege on this before we vote on the deferral? Chair Sarnoff Sure. Commissioner Spence -Jones: RE.8? Which one now? Commissioner Suarez: Thank you. Chair Sarnoff. RE.8, RE.8. Commissioner Suarez: I just want to cite -- without getting too much into the substance of the item, I just want to cite the fact that the Miami Herald reported today that Miami is the foreclosure capital of the United States. And it just says the greater Miami area posted the highest foreclosure activity of any large city in the nation in the first quarter with 1 in every 79 City ofMiami Page 10 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 residences receiving some type of foreclosure filing. Miami's foreclosure activity was more than three times the national average. Florida continues to rank number one among the 50 states. So I just wanted to put that out there because I think it kind of highlights the sense of urgency on this issue. And secondly -- and we'll talk about it a little bit later when we get to the bud -- you know, the discussion on, you know, supplemental pays and when we talk about our budget and when we talk about our reserves and when we talk about police pay, that this is one of the ideas that I'm advancing for us to replenish our reserve fund, andl can get into it -- I don't want to get into numbers too much because I don't think it's wise, and I've been advised it's probably not wise to get into numbers of what I think the lawsuit could recover for the City ofMiami, but it could be a substantial amount of money and could really help us recover some of the things that we've lost in terms of diminution of value of our tax base over the last few years. Thank you, Mr. Chair. Chair Sarnoff. All right. So now we have RE.8 conclusive on just a deferral to the next Commission meeting. Commissioner Suarez: Correct. Thank you. Chair Sarnoff. And so does everybody understand the motion or somebody needs to make a motion? Commissioner Suarez: I move it -- Vice Chair Gort: Second. Commissioner Suarez: -- those deferrals, as stated. Chair Sarnoff. Motion by Commissioner Suarez, second by Commissioner Gort. Commissioner Carollo: One more discussion, Mr. Chairman. IfI may, I -- since Mr. De Grandy didn't know and it appears like most of the Commissioners didn't know, and in all fairness, it doesn't seem like it's going to affect District 3, but can we get the group of residents that are doing this, you know, plan. Could we know who they are and --? Chair Sarnoff I know it's Mr. Jett from the Upper Eastside. The other person, I'm not -- I'm going to mispronounce his name and don't think I'm going to get it right. But what I'll assure you of anything get in writing, I will PDF (Portable Document Format), send it to each Commissioner with the expressed intention it is not for you to respond to me but in order -- Commissioner Carollo: Understood. Chair Sarnoff. -- to get the information. Commissioner Carollo: Understood. And again, I just want to be, you know, more transparent about the whole process. Thank you. Chair Sarnoff. All right. So everybody -- we have a motion. We have a second. Any further discussion? All in favor, then please say aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. City ofMiami Page 11 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 CA.1 13-00267 Department of Parks and Recreation CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY, FOR THE PURPOSE OF THE CITY OF MIAMI TO FUND, IN AN AMOUNT NOT TO EXCEED $75,000, THE CONSTRUCTION/INSTALLATION OF A PLAYGROUND AND YOUTH ATHLETIC FIELD FOR THE LIBERTY SQUARE PUBLIC HOUSING DEVELOPMENT; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.296001.552000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER DOCUMENTS, AMENDMENTS, EXTENSIONS, AND MODIFICATIONS NECESSARY IN ORDER TO IMPLEMENT COMPLIANCE WITH SAID MEMORANDUM OF UNDERSTANDING. 13-00267 Summary Form.pdf 13-00267-Submittal-Additional Back-Up.pdf 13-00267-Legislation-SUB. pdf 13-00267 Exhibit SUB.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0134 Chair Sarnoff All right, so we do not have a consent agenda, but we do have CA.1, which I think could be taken up. Commissioner Spence -Jones: Yes. Chair Sarnoff You're recognized for CA.1, Mr. Pascual. Juan Pascual: Thank you very much. Good morning. Juan Pascual, Parks and Recreation director. On CA.1 we wanted to do an amendment to the funding dollar value and bring it down from $175,000 to $75, 000. The reason why is that the County has found funding through a grant source to purchase the playground equipment and for the PIP (Pour in Place), so we're taking that out of the project. And instead of going out to contracting the project, we're going to do the work in-house with our parks construction crew, so we're going to have savings there on the construction end. So the total dollar value for this project would be from a 175, bringing it down to $75, 000 and we'd like to amend that resolution to so reflect. Chair Sarnoff All right. Commissioner Spence -Jones: So moved. Commissioner Carollo: Mr. Chairman. Vice Chair Gort: Second. City ofMiami Page 12 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Chair Sarnofff. Motion -- Commissioner Carollo: Second. Discussion. Chair Sarnofff. -- by Commissioner Spence -Jones, second by Commissioner Gort. Commissioner Carollo is recognized for the record. Commissioner Carollo: Thank you. Let me start off by saying that I'm going to approve this. I'm going to be voting in favor of this. However, the 175, which I understand now is reduced, what line item from your budget is that comingfrom? Mr. Pascual: Commissioner, in our Parks operations budget, we have line items for materials and supplies, landscaping supplies, and other outside contractual services. Those are blanket line items in bulk amount to do work on a citywide basis. Every year we have planned projects that we're going to do renovations and improvements using those funds, and then a percentage of those funds is obviously set aside on an as -needed basis. Occasionally due -- for various different reasons, we have needs to either restock, redo, renovate some facilities that weren't originally planned for. So some of that discretionary money that we have there we were using for this particular project. We also have monies available through special revenue sources, whether they're impact fees or recreation consolidated, that we also use for various projects. Commissioner Carollo: Right. But this came from the general fund. Mr. Pascual: This is comingfrom the general fund, yes, sir. Commissioner Carollo: And what line item is it from? You mentioned three line items. Which line item is this? Mr. Pascual: It's our outside contractual services, which we're no longer going to use because we're not contracting out. We have landscaping supplies. Commissioner Carollo: When you say that you're no longer going to use this, that mean that next year's budget I should see a reduction of about $200, 000 for that line item? Mr. Pascual: No, sir. What I said was that the outside contractual services was originally contemplated to use in this project. We're not going to use that now because we're going to do it in-house with our in-house staff. We are using materials and supplies line item and we are using our landscaping line item. Commissioner Carollo: So, question, what happens to the $100, 000 that you're going to be saving? Mr. Pascual: Well, there's various other projects that have come up and that we'll be using those this year. If your question is are we going to have a surplus in our department this year? It's too soon to call. I don't project a surplus in those line items by the end of the fiscal year. Commissioner Carollo: Well, yeah, you don't project that because it's old saying in government, spend the money, spend the money, spend the money 'cause next year they'll give us less. And it appears to me that, realistically, these 1 75,000 -- I'll go 200. You know why 200. I think you're patting the budget in some of these line items. And, realistically, I don't want to say you're currying favors with some of the Commissioners, but yeah, it appears like for certain parks -- 'cause this isn't about resodding [sic]. This is construction and installation of a playground. Again, I'm in favor of this. I'm not -- but -- City ofMiami Page 13 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commissioner Spence -Jones: (UNINTET,TIGIBT,F) have some -- Commissioner Carollo: But what's happening is that how are they coming up with which parks to actually construct a playground? Mr. Pascual: Let me give you the answer for this particular project. Okay, this particular project lies exactly -- it's -- first of all, it's within the City limits. It is a County housing project that abuts our African Square Park. African Square Park is on 14th Street -- excuse me -- 14th Avenue and Northwest 62nd Street. African Square Park does not have any outside field amenities on the park. It's an urban park that's basically concrete. This particular location at Liberty Square has an open field that we're going to be doing improvements to. The County is then going to maintain that facility. The kids that we have from the community that use African Square are the same kids that are going to be from that community that are going to be using Liberty Square. So, in essence, what we're doing is we're trying to expand the opportunities and the amenities available to the kids in that particular neighborhood. Commissioner Carollo: And that's great and that's wonderful andl back that 100 percent, just the process of all of a sudden having an extra $200, 000 in your budget and saying, hey, we could use this for construction. That's what I have a problem with. So I want to know ahead of time during the budget process how much extra money are you going to have for different projects around the City. And that's what I want to know, especially during this budget process that's coming up, we're going to be asking because it appears like you had an extra $200, 000. Again, that doesn't take away that, yes, maybe that park deserves, you know, this playground and it's important for that community and all that. Yes, I understand all that. But I thought the money was actually going to come from some special revenue fund, from some bonds. When I see it from the general fund, and I'm saying, well, wait a second, you know, how is it that they have an extra $200, 000 laying around to do -- to construct this? You know, I'm wondering, well, wait a second. What line item is it coming from? Because you know what, it seems like maybe we're appropriating too much money or allocating too much money to those line items. Mr. Pascual: Well, Commissioner, the challenge by -- that we have as management of the Parks Department is to find any available funding resources that we have and that's all. That's general funds, special revenue, what have you; is to make the enhancements and the improvements citywide, and we do that every day, and that's part of our management, you know, operating responsibilities. In this particular -- Commissioner Carollo: But (UNINTELLIGIBLE). Mr. Pascual: -- case, it's being used from that discretionary portion that we have that we know, historically, if you look at our budget historically, every year we have projects sometimes that are results of hurricanes, sometimes that are results of drought, sometimes are result of overuse of turf facilities that we have to resod, but we don't know going into the budget process whether that's going to happen, and that's why we have that funding available. So sometimes we have a little bit more discretionary to do projects with and other times there are simple things that we have to renovate facilities with. Commissioner Carollo: And you know what, and maybe you should allocate that discretionary fund in line items that says discretionary fund or reserve funds so we 're clearly and more transparent on how we're really using the money, not just other contractual or burying it in some other line item so we really don't know what the money -- what the intent of the money is. I think maybe for this budget year, you should have a reserve or a discretionary fund line item so we know exactly how much money there is for projects around the City ofMiami. Mr. Pascual: Okay. City ofMiami Page 14 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commissioner Spence -Jones: Mr. Chairman. Chair Sarnoff You're recognized, Commissioner Spence -Jones. Commissioner Spence -Jones: First of all, I want to say thank you, Juan, because I believe this is a project that we've been trying to get done for at least seven years, maybe six. Andl know George knows about it, but it wasn't until you came aboard as the new Parks director. You were able to debug all of the stuff in there to get it moving. So I want to thank you first for making that happen, okay. I want to also thank the City Commission for understanding the importance of doing whatever it takes to provide these kids with additional outlets in Liberty Square. We already know this. We've had discussions about the number of kids that are getting shot and killed in the heart of Liberty Square, them not having a place to play in their particular community. And we were able to get this partnership with the County, which took a long time; and as we vote on it today, then it goes to the County, and then, hopefully, by the summertime, the new football season at least, this space will be put in place. So I thank the Commission for actually supporting the park 'cause it's something that needs to actually happen in that neighborhood. I understand what my colleague is saying about -- basically, what he's saying in a nutshell is how is the money appearing now and what is the process that's put in place to, you know, identf where dollars go in certain parks. And so I understand what you're saying. So I know you're not being disrespectful or you're not, you know, not supporting kids having a park in the heart of Liberty Square. But I just don't want this item to be delayed in any way because any day that we delay on it, it takes even longer to get it done in the County. So I appreciate your support on it. And, Juan, if you can just provide him with the information that he needs as we go into the new budget, you know, and it -- just to be a forecast, you know, of potential areas where you're looking at putting additional parks or upgrading parks, I think that that would be kind of helpful. Chair Sarnoff Commissioner Gort, then Commissioner (UNINTELLIGIBLE). Vice Chair Gort: Well, one quick question. My understanding is, can you use also CDBG (Community Development Block Grant) funds, because we had a problem with fire station 5 for years; we've been trying to get it repair and fix and painted. And finally, we got the CDBG individuals together with the fire department. They were able to come up with the budget with -- where it's going to take place. Can you use CDBG funds in there? Mr. Pascual: Well -- Vice Chair Gort: You used them in the past. Mr. Pascual: -- we can certainly -- Commissioner Carollo: Yeah. Mr. Pascual: -- use CDBG funding but, of course, I can't speak on behalf of Mr. Mensah or the CBG [sic] Department as to what available funds may be, you know, for that particular location. Vice Chair Gort: My suggestion is get together with him because you might find funds there not only for this park, for many other parks. Mr. Pascual: We are in discussion with CDBG for other projects, though. Vice Chair Gort: Right. Okay, thank you. Chair Sarnoff Commissioner Suarez. City ofMiami Page 15 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commissioner Suarez: Thank you, Mr. Chair. And I'm glad that Commissioner Gort brought that up because, obviously, as the days continue -- as the years continue, really, we're running out of the bond money that we've used to improve many of our parks, and I think CDBG is a very good source obviously. Andl think we also have to start thinking about the fact that we have tremendous needs in our parks in terms of capital improvements. I know that there's one park in Commissioner Sarnoffs -- in the Chair's district where a group came to visit with me next to -- the park next to Carver where they wanted some capital improvements to that park. Andl -- actually, what I -- one of the things that I mentioned to them -- and I think you were out of town when I called you on that project. And one of the things that I mentioned to them was -- it's kind of in line with what Commissioner Carollo said, which is look, we need to really start thinking about this, looking forward, but we have to do it in equitable fashion. Because the fact of the matter is all of our districts have capital improvement needs for our parks, every single one. There's not one that doesn't. And there's not -- they're all deserving, I guess is a better way of saying it. They're all very deserving of our capital improvement dollars. So for the next budget year, I think we should really think long and hard about how we're going to fund our capital needs and our projects in a way that we all can get an equal share of. Not we because it's not really for us; it's for our residents. So, you know -- and they're very deserving of it. And there are constant needs. We get calls all the time about it, so thank you. Chair Sarnoff Okay. So we have a motion and a second, as amended, right? As amended. Maker and seconder -- Vice Chair Gort: Yes. Chair Sarnoff. -- understand that? Vice Chair Gort: Yes. Chair Sarnoff. All right. Any further discussion? Hearing no further discussion, all in favor, please say iiye. " The Commission (Collectively): Aye. CA.2 RESOLUTION 13-00332 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), CLOSING, VACATING AND ABANDONING FOR USE A PORTION OF AN ALLEY LOCATED ON THE NORTH SIDE OF NORTHWEST 7TH STREET, BETWEEN 34TH AND 35TH AVENUES, MIAMI, FLORIDA, LYING ADJACENT TO LOTS 3, 4, 5 AND 6, BLOCK 3, AMENDED PLAT OF DOUGLAS SEVENTH COMMERCIAL CENTER, PLAT BOOK 25 AT PAGE 24, ALSO KNOWN AS 3435 NORTHWEST 7TH STREET, MIAMI, FLORIDA, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED. 13-00332 Summary Form.pdf 13-00332 Notice to the Public 04/25/13.pdf 13-00332 Memo - Office of the City Attorney. pdf 13-00332 2012 Real Estate Property Taxes.pdf 13-00332 Legislation. pdf 13-00332 Exhibit 1.pdf 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 City ofMiami Page 16 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Note for the Record: Item CA.2 was deferred to the April 25, 2013 Commission Meeting. END OF CONSENT AGENDA PUBLIC HEARINGS 9:00 A.M. PH.1 RESOLUTION 13-00321 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AUTHORIZING THE ADOPTION OF THE REVISED Economic COMMERCIAL FA?ADE AND CODE COMPLIANCE PILOT PROGRAM Development POLICIES TO INCLUDE THE INCREASE IN THE LIMIT FOR COMMERCIAL FA?ADE REPAIRS FROM $10,000 TO $20,000 AND TO ELIMINATE MATCHING FUND CONTRIBUTIONS FROM BUSINESS OWNERS, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-00321 Summary Form.pdf 13-00321 Notice to the Public.pdf 13-00321 Pre-Legislation.pdf 13-00321 Legislation.pdf 13-00321 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 2 - Commissioner(s) Gort and Sarnoff Noes: 1 - Commissioner(s) Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones R-13-0141 Motion by Commissioner Carollo, seconded by Chair Sarnoff, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Spence -Jones Noes: 2 - Commissioner(s) Sarnoff and Carollo Chair Sarnoff All right, PH.1. Commissioner Spence -Jones: PH.1. Oh, we're just getting to PH.1? George Mensah: Good morning. George Mensah. I'm director of Community Development. City ofMiami Page 17 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 PH.1 is a resolution by the City Commission authorizing the adoption of a revised commercial code compliance and facade program policies to increase their limits -- Commissioner Spence -Jones: So moved. Mr. Mensah: -- from 10 to 20 and -- Vice Chair Gort: Second. Commissioner Carollo: Second. Discussion. Commissioner Spence -Jones: It's a hearing. Chair Sarnoff We have a motion by Commissioner Spence -Jones, second by Commissioner Gort. I believe Commissioner Carollo wishes to speak. Commissioner Carollo: Yes. Thank you, Mr. Chairman. Andl want to discuss this because, number one, it appears to me that the only thing we could do -- and by the way, I'm in favor of facade program, but within, you know, certain limits, certain requirements. And it seems like in a facade program, realistically, the only thing we could do is paint, provide awnings and signs. Commissioner Spence -Jones: And windows. Unidentified Speaker: No. Commissioner Carollo: Well, okay. Commissioner Spence -Jones: Yes, windows, you can. Commissioner Carollo: No. As a matter of fact -- andl remember when -- Commissioner Spence -Jones: I remember they made a discussion because the whole issue was how do you get on the inside of the building. I understand that. Commissioner Carollo: Right. Commissioner Spence -Jones: That was the discussion. Commissioner Carollo: Right. Commissioner Spence -Jones: But -- Commissioner Carollo: And -- Commissioner Spence -Jones: -- I also know, based upon my discussion not only with George, but with Armando Fano [sic] -- I don't want to say anything out of turn -- which is over HUD (Department of Housing and Urban Development) -- Commissioner Carollo: Well -- Commissioner Spence -Jones: -- there were some exceptions if there -- Commissioner Carollo: -- all could tell you is Ms. Ortiz from the -- from HUD, came before us, andl asked that question point blank. And she said that she cannot see how you can do windows without going to the interior of a building. Therefore, windows are not allowed. And if windows City ofMiami Page 18 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 are not allowed, doors are not allowed. Chair Sarnoff. Let him finish his presentation. Commissioner Carollo: So I need clarity. Because what don't want is that we start spending money on things that are not allowed and then, all of a sudden, we have to repay that money with general funds, so we need to be very clear. Because there is a record already of her coming before us and stipulating that, no, we cannot use the money for windows. Chair Sarnoff. Mr. Mensah, you're recognized for the record. Mr. Mensah: Thank you, Mr. Chair. What -- at the time when the question was asked, the question was, Can we do windows with facade? "Her first answer was yeah, but because of the fact the regulation doesn't allow you to do the interior work. So in doing windows, maybe you will touch the interior, and so maybe -- the regulations specifically says that if you do any work, typically, anything that is incidental to the work that you are doing. So if you are doing facade, for example, you have to replace the windows. If you are replacing the windows and -- replacing the windows, the -- you go to the interior just to paint the path that you measured. Those are not what the work was. Those are incidental to the work of the exterior. Those are not the activity that is primarily what you are doing. The primary activity you are doing is the facade itself, which is the windows. And the extra work of maybe going to patch a part of the interior is only an incidental. It is not a primary method of the activity. Commissioner Carollo: Okay. Is there any way -- you know how we receive legal opinions or -- is there any way we can get a legal opinion from HUD? Because I am going to quote what Ms. Ortiz said when she was standing here andl asked her pointblank with regard to windows. This was her quote. `7 would say stay away from them, " pointblank. That's what she said. `7 would say stay away from them." She said there's no way you can install a window without doing repairs to the inside. Mr. Mensah: Okay. Commissioner Carollo: So all want is clarity. Because what don't want is years from now coming back and all of a sudden we have to pay X'amount of dollars from the general fund in order for un -- you know, costs that we weren't supposed to do. So I would want some clarity from HUD, you know, specifically, because -- I mean, listen, when people come before us, you know, and do a presentation in front of this Commission, in all fairness, I think it's important and I listen to what they're saying. So that -- this was a question that I've had for a while 'cause I've had concerns about it andl asked her pointblank. Mr. Mensah: Okay. Commissioner Carollo: And when she answers `7 will stay away from them, " I really feel, you know, as a fiduciary duty that we have to the City, that we need to get some type of legal opinion andl think it should come from HUD. Mr. Mensah: I -- Commissioner, in answer to your question, I will require -- request an opinion from HUD specifically with windows andl will submit that to the Commission. Commissioner Carollo: And then -- I'm sorry. Chair Sarnoff. I didn't know. Commissioner Carollo: I'm not done. And then my point with that is, okay, so if -- until you receive that legal opinion from HUD, the only thing we could really do is painting, awnings, and City ofMiami Page 19 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 sign. We're going to go from $10,000 to $20,000? It seems to me like -- I'm a little concerned about that. And then we're taking away the small percentage that the businesses had to do. So what we're actually doing is we're saying, okay, you don't have any skin in the game anymore. And by the way, it's not 10,000; $20, 000. I mean, I'm having difficulty grappling with this because it just seems that -- andl understand the timeliness; we have to spend money, but that doesn't mean that now we're going to spend money haphazardly and we're going to -- or not we. Someone would then go to businesses and say, hey, it's not going to cost you anything. All you have to do is sign up for this program and we're going to spend $20, 000. We're going to paint this. We're going to paint that. Put an awning there. And you're done. You're going to -- you know, we're going to fix your place up. And let me tell you something, I can assure you that money could be spent like this, you know. So I think we need to massage this a little bit. Mr. Mensah: I -- Chair Sarnoff Wait. Commissioner Gort, do -- I know you want to speak next, but I want to jump on what he said because, I got to tell you, it's not very often that Sarnoff and Carollo agree, but this is one of them. There's no skin in the game from a for profit business. Andl was just going to say to the other Commissioners, somebody bring me along on this because I -- andl completely agree to -- I actually wish I made his argument at the very final part, which is, you know, I understand you need to spend money, but to me, if someone's putting $20, 000 in -- there used to be an old book written by Mark Twain. It's called Huck Finn. And somebody's getting somebody to paint the front of their buildings and you don't have any sweat equity in there and you don't really care. You don't really take care of what you don't care about. In the words of Ronald Reagan, nobody ever washes a rental car, you know. And this is somebody's business that they intend on making money. So tell me why it is I should vote for something where there is no skin in the game. Commissioner Spence -Jones: Okay. Commissioner Carollo: Andl will even agree to maybe even lowering, which already is a low percentage, even lowering, but there's got to be some skin in the game. And then we're increasing the amount from 10 to $20, 000. It just doesn't seem that it's good policy and it's not fiscally responsible. Mr. Mensah: Can I -- Commissioner Spence -Jones: Gort. Chair Sarnoff Let him respond. I know you want to speak. You're going to speak next. I'm going to let you speak next, but -- Mr. Mensah: Okay. Chair Sarnoff -- and then I see Suarez over there. Just respond to the two of us with regard to the skin in the game. Mr. Mensah: Yes, I will. I agree with everything that has been said so far with you, Commissioner, and the Chair and Commissioner Carollo. I agree, under normal circumstance, andl swear -- I put on record that everything being normal, this is not a recommendation I will ever would have brought to City Commission. I have been in this position for almost five years. This program has been going on for almost the last ten years. We never would have come to you and said let us -- allow us to do this. But a time comes in any organization where you have to step back and look at how your program is going and make a decision, one way or the other, to enhance the program. What is going on is this. We currently have funds allocated for facade in certain districts, which are needed by those districts. The issue that we are having right now is City ofMiami Page 20 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 that we have to spend funds. And even though I agree that being -- having a skin in the game and maybe reducing it to 10,000 obviously would have been the most -- the best thing to do, I'm also faced with the fact that by December, we still don't have a response from HUD on our current issue. If HUD says, okay, I'm giving you your full allocation now. By January 31, I have -- still have the same problem and this time, believe me, HUD will not be lenient on us. So rather than just saying, okay, all things are equal, all things are normal, so I'll go ahead and just do my program as I normally would have done it. I have to take some drastic measures that will allow us to spend additional money. Now, what HUD has always said is that sometimes we, in the entitlement cities, cripple ourselves, we cripple our ability to spend money. The regulation doesn't say that a business has to put in a dollar or two dollars. The regulation doesn't say limit it to $10, but we limit it for our own purpose because we want the business to have skin in the game and we want to spread the money around so that more businesses can be helped. But when in so doing you end up being in January not meeting your timeliness, then you have to step back. That is the reason why this policy is temporary until we'll be able to meet the money, and then after that we go back to the old thing. Chair Sarnoff I'm going to let him have a follow-up, then I'm going to go to Gort, Spence -Jones, and then Suarez. Commissioner Carollo: Okay. I'm going to start saying this by saying that I'm not trying to set you up. Mr. Mensah: No, sir. No problem. Commissioner Carollo: Okay. Now, with that said, are you telling me that if this is passed, we're going to meet our timeliness test? Mr. Mensah: It will assist us in meeting our timeliness. Commissioner Carollo: It will assist us, but let's not go -- this -- I don't -- Commissioner Spence -Jones: But it helps. That's what he's trying -- Mr. Mensah: That alone -- Commissioner Spence -Jones: It's not going -- Mr. Mensah: -- will not -- Commissioner Spence -Jones: -- to keep us going -- spiraling down. Commissioner Carollo: I honestly believe this won't even make a dent. Commissioner Spence -Jones: But it'll make a dent. Mr. Mensah: Seven hundred thousand dollars is at stake here. Commissioner Carollo: I'm sorry? Mr. Mensah: Seven hundred thousand is available to be used in timeliness. It's already committed. So by helping us, you'll be able to help as far as spending (UNINTELLIGIBLE). Commissioner Carollo: How many projects do we have on the working says they're not completed with these funds? City ofMiami Page 21 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Mr. Mensah: I cannot -- I don't have information (UNINTELLIGIBLE) -- Commissioner Carollo: Is it in the millions? Mr. Mensah: I can't -- not millions, no. Commissioner Spence -Jones: No. Commissioner Carollo: No, it's not 12 million, somewhere around there? Mr. Mensah: Oh, you mean 12 mil -- I'm not talking about -- We have $8 million in the process Commissioner Carollo: Yeah. Mr. Mensah: -- which includes this -- Commissioner Spence -Jones: But not (UNINTELLIGIBLE). Mr. Mensah: -- money. Commissioner Carollo: It includes facades? Mr. Mensah: Yes. Commissioner Carollo: How much of that money includes facades? Mr. Mensah: Top of my head, I will say probably about 700 to $800, 000, just top of my head. Commissioner Carollo: So let's say if we pass this, we spend the $700, 000, we're still not within our timeliness test. Mr. Mensah: Well, that's why it's not this alone. But you have to do other things. I need to make sure that the -- all the other projects in progress with CIP (Capital Improvements Program), with Code Enforcement, with Building get -- Commissioner Carollo: I got you. And we work on -- and we actually have worked on this, so I understand the deal with CIP and with the other departments and Public Works and all that. So I -- Chair Sarnoff Commissioner Gort, then Commissioner Spence -Jones. Vice Chair Gort: Let me tell you how I feel about this. CDBG (Community Development Block Grant) has been very influential in creating the Latin Quarters in Southwest 8th Street, which today we see that there's at least ten buses of tourists going in there. Merchants there have told me that they're able to survive thanks to that. On Flagler Street, between 12th Avenue and 11 th Avenue, a project was done there that created a beautiful site. Right now -- and it's up to the Commission to work with the people district. Right now the timing for me is perfect. We have an area in 17th -- our 20th Street merchants are doing very well. But we have an area on 17th Avenue where we're trying to create, in working with the Planning Department, little Santa Domingo, small Santa Domingo. And we had the plans. We have created. We are working with the merchants right now. We have met with the people and they agree with the plans. And so I'd like to use these funds for specific projects which going to make a change ifyou do it at all once. I think it's up to us, the Commissioners, to make sure that it's utilized wise. Now, this study is going to cost money. Unfortunately, one of the problems you have -- I know a lot of business City ofMiami Page 22 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 people are very good, but you also have a lot of mom and pops that want to begin, they want to go into business, and they do need help, especially within that area that I'm discussing. So that's for the reason I'll be in favor of this. I've been meeting with the people that provide the services in that area, and I've told them what our plan is. We have gotten together with them. And that's what I'd like to accomplish with these funds. Chair Sarnoff. Commissioner Spence -Jones. Commissioner Spence -Jones: I agree with every single last one of you. I think that what George is doing now is that we've asked him to do whatever it takes to figure out a way for us to address this timeliness issue. This is one of the many things, and this is only a pilot program for now. So I think if there's clarity on why we're doing it at this amount, you know, and why we're doing it in this time frame, we know why we're doing it. It is one of the pieces to the puzzle to at least show HUD that we're addressing the issue. Now, as far as the -- I agree with Commissioner Gort that, you know, in certain areas, you know, in my community, if you ride down Northeast 2ndAvenue, all of that was done in the heart of Little Haiti because of the facade program. That whole area has transformed because of that program. There's still some other buildings that, yes, we need to get done, but already we're attracting people into the area from outside of the area that are bringing their businesses there. So that's because the place looks good, it looks safer, you know, so I agree with him. We can transform neighborhoods by blocks or areas if we use these dollars in a particular project. And last but not least, I also agree with him -- I understand skin in the game, and it's really important to do that, but quite frankly, at least in D5 (District 5) -- and I'm talking about Liberty City, Overtown, Little Haiti, the areas in which I represent -- for me to ask the business to give $1, 000, $2, 000 towards a program when they can't even keep their doors open -- they're struggling every single day to at least, you know, keep the lights on. So, you know, if they're going to make a choice between buying produce and -- or buying -- or keeping their lights on to put into facade, they just don't have it. And even with some of the facades that we've already assisted them with, I'm trying to create creative programs to work with them so that they can become more sustainable. So I just don't want to put an additional burden, and maybe that's just one of the suggestions that can be the made to George. If there's an assessment that's done prior to this monies that's given George that shows that they really don't have the expendable cash to do it, you know, then they're eligible to, you know, receive it all. But think what George is trying to really do is just move the money and get things going and get it moving. So I agree with Gort, you know. In some instances, we're not going to be able to do that, andl don't want anybody to be knocked out of a program because of that. Chair Sarnoff. Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. Mr. Mensah, a real quick question. If we vote to loosen these standards, does that mean that every district has to allocate the funds in that fashion? In other words, couldl, for example, continue to allocate funds on the basis of the standards as they currently apply? Mr. Mensah: That's correct. These -- every fund that's allocated to each particular project is subject to the approved program guidelines, and these would become the approved program guidelines. Commissioner Suarez: So say, for example, I decide in my district that I want to maintain -- it's working the way that it is, but maybe in another district the needs are slightly different. We could approve this today and we can still maintain the program in my district as I currently have it. Mr. Mensah: Then we would need to have to change it. What will happen is that when you make your approval -- Commissioner Suarez: Right. City ofMiami Page 23 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Mr. Mensah: -- when you bring your funds, you would then have to say that this funding is subject -- there's not subject to other -- the new regulations that I will remove those things from it. Commissioner Suarez: So I can't still control the program the way that -- Mr. Mensah: You can. My only recommendation is that at this point, maybe in January, if you want to do that. I just -- today's -- today I -- my recommendation is that if you can allow us to use the money more often, you know, so we can spend more, that will be probably preferable. Commissioner Suarez: But here's the thing. I think -- what I'm seeing is that there -- different Commissioners are expressing different things, you know. In my case, I don't buy into the timeliness argument very much because I've allocated the money. It just hasn't been spent by the Administration, okay. I allocated it to CIP projects and they were never spent. So to me the timeliness issue is a red herring. It -- you know, you've just got to spend the money that we give you to spend. If you did it in an efficient way, we would be timely. So, I mean, to me that's not the big issue. If the issue is in some districts, a community needs a little more help than in others, I can understand that. I don't -- I think the program works perfectly fine the way it is in my district. Whenever allocate funds, they get spent. They get spent efficiently, quickly. Andl have to commend CAMACOL (Latin Chamber of Commerce), who's here in the audience. They -- we -- they've been the recipient of a lot of our facade monies and they've, you know, spent it efficiently, they spent it quickly. So I don't have a problem supporting this. If it can be something that other districts can utilize to get their money spent and in a way that they think tailors their district needs -- I personally am fine with the way that my program works, and I'm fine with the timeliness of my funds of my district. I just -- you know, finally, we got one of our CIP projects started, andl commend the Administration and Mr. Spanioli, who's back there, for getting it started in the -- west of 37th Avenue. But for me, the timeliness is not an issue. We've allocated the money timely. The issue is it's got to be spent timely. And there's only so much we can do as legislators, andl continually harp on that. There -- you know, there -- our responsibilities do end after this ledge. Mr. Mensah: Commissioner -- Commissioner Suarez: And -- Mr. Mensah: -- I want to put on the record that I agree that the -- but we still have $2 million that are in the hands of Commission that have not been allocated. We have $2 million that have not been allocated. I only have $8 million, andl will provide a report to the Commission, a full report of the (UNINTELLIGIBLE) a day, that will show each district how much money they have and which project they have. And I'll also show all the projects that are currently ongoing. And, you know, the last time I tried to estimate from anyone that has funds, when those funds will be completed, andl tried to give December deadline as a deadline to complete all these projects. I know for a fact that there are some of those projects that cannot be completed by that deadline. Commissioner Suarez: In your defense, Mr. Mensah, you know, you don't control CIP, so you know, if I've allocated money to two projects in my district, it's not your fault that that money hasn't been spent. So, I mean, I have to say you've been in the times where we've needed you to come and be present at meetings and to explain to other departments what's available to be used and to explain to us how you could use it, 'cause I think that's another important question, which is to make sure that whatever we use the money for, we use it properly because it can come back and it has come back during our tenure on decisions that made before we arrived here. So I appreciate, you know, you being available and your department being available to help other departments find ways to spend the money timely and appropriately. City ofMiami Page 24 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commissioner Carollo: Mr. Chairman. Chair Sarnoff Commissioner Carollo. Commissioner Carollo: When you provide that, Mr. Mensah, could you also provide the $12 million list of projects that are ongoing and have --? Mr. Mensah: It's 8 million. Eight million dollars of -- Commissioner Carollo: Okay. Mr. Mensah: -- ongoing projects. Yes. Commissioner Carollo: Okay, 'cause just a year ago, it was about $12 million. No? Mr. Mensah: Yeah. It could have been because we -- Commissioner Carollo: I mean -- Mr. Mensah: -- we've been using -- Commissioner Carollo: -- I don't know much about numbers and I'm not the director, but I'm pretty certain it was around $12 million just a year ago. Mr. Mensah: These are monies that -- Commissioner Carollo: So if it got, you know -- Mr. Mensah: Yeah. We have about 8 million. These are numbers that I look at it every day. Commissioner Carollo: Yeah. Mr. Mensah: So I -- Commissioner Carollo: So since you look at it every day, can you provide it to us so we could look at it every day also? Mr. Mensah: Definitely, definitely, definitely. Commissioner Carollo: Thank you. Commissioner Suarez: Mr. Chair, can I just jump in -- right back in 'cause now I'm getting a little bit worked up on this issue? Chair Sarnoff Sure, go ahead. Commissioner Suarez: It's unconscionable that's we have $8 in unspent money, in CDBG money. Commissioner Carollo: Well, the last I saw was 12. Commissioner Suarez: Yes. That's unconscionable. You know, with the needs that we have -- Mr. Mensah: (UNINTET,TIGIBT,F). City ofMiami Page 25 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commissioner Suarez: -- in our community, you know, and at a risk of losing, you know, potentially that source. Commissioner Carollo: But the way, that is the heart of the problem because that -- Commissioner Suarez: Right. Commissioner Carollo: -- has been allocated already. Commissioner Suarez: Right. Commissioner Carollo: That money is just in the pipeline -- Commissioner Suarez: Unconscionable. Commissioner Carollo: -- andl want to see why it hasn't been spent. And I'm sorry it's been allocated. Why. Andl don't even know if they're CIP projects or what it is, butt know we've had this problem for a while, and that really is the root of the timeliness test. It's not no $700, 000 or this and that. I mean, you're talking $12 million; maybe it's gone down to 8 million now, but the bottom line is that is the root of the problem because those monies have been allocated for, I would say, many, many years. I haven't seen the exact information. Commissioner Suarez: Right. Commissioner Carollo: But in all fairness, if we work on those, I can assure you, we'll be within our timeliness. Commissioner Suarez: And that's money that goes to the poorest members of our community. I just want to be very specific about that. Chair Sarnoff All right, let me open up a public hearing. Johnny Martinez (City Manager): Mr. Chair. Chair Sarnoff Yes, sir. Mr. Martinez: Can get a clarification, please? Chair Sarnoff Sure. Mr. Martinez: George, you're getting a legal opinion on whether the windows qualify for this program, even though you have to patch it from the inside? Mr. Mensah: That's correct. Mr. Martinez: And number two, I heard that a district Commissioner can apply the old rules and then you cross the district line, and the other district Commissioner can apply the new rules if this is voted on. So one business owner would be matching and then right across the street in the other district, he may not be matching. Are you saying that could be done? Mr. Mensah: That could be done. And to be -- typically, what we will do is that we will call one a pilot program for a specific area. So we can call it pilot program so that our normal program will be what has been approved, and if a Commissioner wants to tweak it for their own purpose, then we will be -- we'll call it a pilot program so that that can either sunset or -- City ofMiami Page 26 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Mr. Martinez: I mean -- Mr. Mensah: -- I mean, change. Mr. Martinez: It seems -- okay. Commissioner Carollo: And by the way, what I caution on that is that if there's not some written specific, this is my concern. Let's say someone who's administrating the program, they walk to a business and say, hey, it seems like you need painting, it seems like you need a new awning and some signs. It's not going to cost you anything. Are you in or are you out? They're going to say, I'm in. Chair Sarnoff And that's how it's done. Commissioner Carollo: Now here it comes. The business calls us, hey, we want this, 'cause they'll tell them call the Commissioner; tell them that you want this. They'll call us; we want this. And say, well, we're only administering $10, 000. No, no, no. We were told it's $20,000. Who's every -- what's everything falling back on? The district Commissioner. So I just want to clam the language because, you know, I already foresee problems. Because I can assure you, no business, no matter where they are, even if they're in the smack middle of downtown Miami, in Little Havana, in Liberty City, wherever -- Allapattah, Wynwood, Flagami, if someone comes up and says, hey, by the way, we could paint the whole outside -- which, by the way, $20, 000 is a lot of money for paint. Commissioner Suarez: That's a lot of -- Commissioner Carollo: But anyways, we could paint the whole outside. We could change your awnings. And you know what, you like a new sign? It's not going to cost you anything. Just fill this out. What do you think they're going to say? Chair Sarnoff Why don't -- Commissioner Carollo: I know ifI was a business owner, I would say, sign me up. Chair Sarnoff -- we call this the pilot project, as opposed to the way the district Commissioners want theirs done? Commissioner Spence -Jones: Do it as a pilot project. Chair Sarnoff Right. But why not -- Commissioner Spence -Jones: It's an option. Chair Sarnoff -- phrase this as the pilot project in the way the district Commissioners want it, the projects as usual? Commissioner Suarez: Yeah. Commissioner Spence -Jones: Yes. This is just an additional -- Commissioner Suarez: I think we did that -- I did that with a microloan once. I don't know if you remember. I did that -- Chair Sarnoff Sure. City ofMiami Page 27 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commissioner Suarez: -- in my district with a microloan and it actually worked, but I think we ended up undoing it 'cause we did a couple of loans and, you know, it worked, but it wasn't -- we weren't getting the demand that we thought we needed so. Commissioner Carollo: So what you're saying is -- and l just want to be clear -- doing a facade program by districts the way -- Chair Sarnoff. As the normal way. In other words, the facade program in place right now with a minimum -- Commissioner Spence -Jones: Is still there. Chair Sarnoff. Right. -- is the normal program. Call this the pilot program Mr. Mensah: The pilot program, yes. Commissioner Spence -Jones: This is a pilot program, and it ends in December of 2013. Chair Sarnoff. (UNINTET,TIGIBT,F) an easier response 'cause you're dead right. There's going to be people walking around selling this to businesses -- that's how it's done -- and they get their percentage. Commissioner Carollo: Twenty. Chair Sarnoff. Right. And that's how it's -- that is how it's done, George. More or less, that's how it's done. You're going to contract with somebody -- Mr. Mensah: Well, we have the nonprofits agencies that (UNINTELLIGIBLE). Chair Sarnoff. And they go do an outreach program. Mr. Mensah: Yes. Chair Sarnoff. And let's say -- and we don't do this very -- I don't think we have this, but let's say Carollo and had a street right next to each other and decided to do this program. Well, he's going to be faced with the fact that somebody right next door is going to say -- Mr. Mensah: That's correct. Chair Sarnoff. -- how come Sarnoff is so liberal? Why is Carollo so conservative? And l just -- I think the way of mitigating it for some of us here -- and I think you want our votes, you know, 'cause I do have an issue with the skin in the game. I want to support Gort andl want to support Commissioner Spence -Jones. They have different districts than me. So -- but I'd like to have language that makes it a little easier for me. Mr. Mensah: Expire -- you can put an expiration date of January 31, 2014. Chair Sarnoff Of 2014? Mr. Mensah: Yes. Commissioner Carollo: I'll go a step further. Is it possible to do this in District 5 and District 1? We do it with other different programs -- Mr. Mensah: That's -- City ofMiami Page 28 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commissioner Carollo: -- where we do it by district. Is it possible to have a pilot program in District 1 and District 5 with this? Mr. Mensah: Yes, it's possible. That's why I have -- Commissioner Carollo: That would -- Mr. Mensah: -- most of my -- Commissioner Spence -Jones: I mean, I don't have a problem with it. I just think that, you know -- this is just my opinion, okay. You guys serve your own constituents. I think we should never make the assumption that someone may not need more help in your district. I know that Commissioner Sarnoff has the West Grove and that's an area that definitely needs help, you know. I'm not -- Vice Chair Gort: Wynwood. Commissioner Spence -Jones: -- you know -- So I just -- I would not -- I mean, I don't -- listen, me doing -- us going the route you're suggesting only helps us, but I just wouldn't want you to make a decision for a business owner that may really need the help. So then that means you got to come back in front of us and now say I want to expand it because there are some businesses I really want to help that I can't. So just do it as a pilot program, and those that -- businesses that need the help, they'll get the support. If they don't meet the qualifications, first of all, they're not going to get it anyway. Chair Sarnofff. Who's the maker? ToddB. Hannon (City Clerk): Commissioner Spence -Jones. Chair Sarnofff. So Spence [sic], you're saying it would be a pilot program? That's your -- Commissioner Spence -Jones: Yeah, as a pilot program. Chair Sarnofff. Seconder is Gort? Mr. Hannon: Yes, sir. Chair Sarnofff. Seconder accept? Vice Chair Gort: Second. Fine with me. Chair Sarnofff. All right, let me open up a public hearing on PH.1. PH.1, anyone wishing to speak on PH.1, please step up. Mr. Cruz, you're recognized for the record. Mariano Cruz: Yes. Mariano Cruz, chairman ofABDA, Allapattah Business Development Authority. We are now at 801 Northwest 37th Avenue because we move from 21 Street, but still, it's still in District 1. And let me tell you one thing. I am in Community Development since the beginning. And the only time I remember the City had to pay something out of general fund was when the board members used to be target (UNINTELLIGIBLE) board member were giving a lunch right here on Mondays and the other came from Jacksonville came and said no, that's not authorized, a luncheon. So the City had to pay it back. I remember. I think Frank Castaneda was the director at the time. And Community Development, I use Community Development money to fix my house because I qualified for everything with six dependents, everything, breakers, a new extra room, the roof new windows, appliance, everything, connection to the City ofMiami Page 29 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 sewer because I read the papers. I am not a lawyer. I am an electrical engineer, but I know how to read papers and numbers. And not only that, now I am talking as chairman of the ABDA and as a lobbyist, unpaid lobbyist. I came here and been here three hours now. I'm not being paid to be here, but enjoy being here, sure. Andl have the wherewithal to get compensations, service disability, Social Security money. I still a federal employee, postal service, workman compensation, everything, 401 k, the whole thing. I have the money to be here. I don't get paid. I'm not paid consultant or anything. But I have the time to be here. And we doing good there in Allapattah. Go to 17th Avenue. Come down from the ivory towers of Dinner Key and the MRC (Miami Riverside Center) and go there to 17th Avenue and see not painting; see the impact windows being done there. Right, right. It looks different. Not only that. Remember, last meeting you vote about $400, 000 from the reserves -- Chair Sarnoff. And in conclusion. Mr. Cruz: -- to fix. Chair Sarnoff. And in conclusion. Mr. Cruz: No, no. Remember, I am a lobbyist now; you can't limit me. Chair Sarnoff. My -- Mr. Cruz: You limit -- no-o-o-o-o-o-o. Chair Sarnoff. My -- Mr. Cruz: I am a lobbyist. I am talking as a lobbyist fromABDA. Chair Sarnoff Mr. Cruz. Mr. Cruz: And you know I am registered lobbyist. Commissioner Spence -Jones: It's not a lobbyist -- Chair Sarnoff. Mr. Cruz -- Commissioner Spence -Jones: -- relating thing. Chair Sarnoff. -- in conclusion. Mr. Cruz: I'm going to send you the copy of the letters I mailed to the Herald. Chair Sarnoff. The Herald -- Mr. Cruz: No. Chair Sarnoff. -- mails it directly to me. Chuck sends me your letters right away. Mr. Cruz: Right. But remember -- Chair Sarnoff. In conclusion. Mr. Cruz: -- I am in favor of that. Chair Sarnoff. In conclusion. City ofMiami Page 30 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Mr. Cruz: In favor of the whatever -- Vice Chair Gort: (UNINTET,TIGIBT,F). Mr. Cruz: Tell me the name of the secretary of the -- you know the name? Chair Sarnoff. Of the secretary of HUD? Mr. Cruz: Of HUD. Chair Sarnoff Yeah. Mr. Cruz: Tell me the name. Chair Sarnoff Mr. Gonzalez. Mr. Cruz: No. Shaun Donovan, andl can call him right now too, all right. Chair Sarnoff. Do you have his -- Mr. Cruz: And know him. Chair Sarnoff. -- telephone number? Okay. Mr. Cruz: -- in Washington. Thank you. Chair Sarnoff. You're recog -- thank you. You're recognized for the record. Victor Seijas: Good afternoon, honorable Commission. My name is Victor Seijas. I'm the executive director ofABDA. I'd like to clam, especially what Commissioner Carollo mentioned in reference to what the facade program entitles. It is true that we do paint, we do signs, sir, and awnings. We also doing, sir -- for the safety of the business itself we do shutters, rolling doors -- Chair Sarnoff. The -- I'm sorry. The issue with regard to the rolling -- the shutters, that's coming up on this Commission meeting? Mr. Seijas: Yes, sir. Chair Sarnoff. Go ahead. I'm the one that's bringing that. Mr. Seijas: Okay. We are doing it in District 1, and I'm sure CAMACOL is doing the same thing in 3 and 4. Chair Sarnoff. But I think what I'm proposing for District 2 is the removal of shutters to go into an impact glass situation. Mr. Seijas: Okay. The impact glass situation, we also doing but we doing -- because of the $10, 000 limit per license on a establishment, we doing a lot less of impact because of its cost. Chair Sarnoff Okay. Commissioner Carollo: Mr. Chairman. And -- can I, sir -- Mr. Seijas: Yes, sir. City ofMiami Page 31 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commissioner Carollo: For one second. Listen, I do believe that impact windows really enhances the facade of a building. My issue is not the impact windows and the facade program and using it and me not wanting to use impact windows. My issue is is it allowed. Vice Chair Gort: Mr. Chairman. Commissioner Carollo: Andl don't think the facade program allows it, and that's my issue. I don't think, within the facade program, as defined by HUD, it is allowed. And that concerns me because if we're doing impact windows and now I -- reading this resolution, doors, I'm afraid that in the future -- Mr. Seijas: You pay -- Commissioner Carollo: -- HUD is going to come back and say, City, this was not an approved expenditure of funds; therefore, you need to pay us back, and that money has to come from the general fund. So that's why I need clarity. Now, right now as it stands, it's my understanding that facades is for paint, awning, and signs. More than $10 is a stretch for me. Now, if you would include, and it is allowed -- once again, and it is allowed, which I'm still not certain. I know when the -- I don't know what was her title -- but when Ms. Ortiz from HUD came here and specifically addressed us, she pointblank said, `7 would stay away from it." That was her quote, you know, and it's in the minutes and that's why I'm concerned. Now, I can see if it was allowed and we have something specific from HUD, their attorneys, saying it is allowed, yes, I could see where now we do impact windows; it definitely enhances the facade. Andl can see where now, from 10,000, 20,000, it's more feasible. But right now I don't have that clarity from HUD; therefore, you know, I'm having difficulty with various issues with this. Mr. Seijas: Your honor -- Commissioner, I could -- Chair Sarnoff Either one works. Mr. Seijas: Yeah. I could appreciate your concern, sir. And we have been involved in a number of situations where impact windows have been done to, let's say, a shopping center. Commissioner Carollo: Which I'm concerned. Mr. Seijas: I understand that, sir, andl could respect that. One of the issues also -- not to shift blame at all -- my agency has been actually submitting approved applications. But very wisely, Mr. Mensah instituted a system, which I think it was really great, of having an inspector from the City ofMiami verify, okay, the amount of work, the charge for the work, and that delayed the whole operation somewhat. Not that we, you know, are sitting in our offices. I'm sure CAMACOL is not sitting in their office either. But very -- I thought that was a blessing, and it turned out to be we didn't have enough -- actually, the City ofMiami did not have enough personnel and Mr. Mensah himself took it out, took -- you know, implemented that and then went back on it, and that kind of slow us down a little bit, you know. After an approved application, we couldn't get started until this inspector, which had a lot of hats -- was wearing HQS (Housing Quality Standards) inspections, you know, dangerous buildings, and what have you. So I respectfully again say that I could understand your concern. I definitely could agree with you. And -- but it does go a little more as it stands now, okay. Thank you, sir. Chair Sarnoff All right. So we have a motion and we have a second, as amended, as modified. Mr. Hannon: Chair, would you like to close your public hearing? Chair Sarnoff Andl am closing the public hearing, Mr. Hannon. Then all in favor, please say City ofMiami Page 32 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 aye. Vice Chair Gort: Aye. Chair Sarnoff Aye. Commissioner Carollo: No. Mr. Mensah: As amended. Vice Chair Gort: Get the Commission (UNINTELLIGIBLE). Chair Sarnoff As amended, as modified. Mr. Mensah: As modified. Vice Chair Gort: Hello. Chair Sarnoff All right Vice Chair Gort: What --? Chair Sarnoff Go -- what? Vice Chair Gort: It passed? Chair Sarnoff It passed, 2-1. You need (UNINTELLIGIBLE). Julie O. Bru (City Attorney): Can I make sure that we understand what the amended version is? You are adopting this as a pilot program applicable only to District 1 and District 5. Chair Sarnoff No, no, no. Vice Chair Gort: For all districts. Commissioner Carollo: No. Chair Sarnoff It is just called a pilot program. It sunsets in January 2014. Ms. Bru: Okay. If that's the case, then we need to be clear about this. The individuals from any district in the City that want to -- Chair Sarnoff That's correct. Ms. Bru: -- make themselves available will make themselves available, but that will be the only way that this is going to be administered. You're not going to have picking and choosing who gets 20 and who gets 10. This is now the program. It's a pilot program because it expires -- Chair Sarnoff It's a pilot program, as it was described to this Commission, that the Commissioner can agree to be a part of or not agree to be a part of. Ms. Bru: No, that is not what your director of CD (Community Development) has told me as a sidebar, so we need to clam this. Mr. Mensah: Okay. City ofMiami Page 33 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commissioner Carollo: When there is questions and a lot of unsurety [sic] and this and that, that's, you know, when you vote no. Ms. Bru: You have to administer the program consistently, unless you just limit it to districts. That is what your director has told me. If he wants to further expand on that, he can further expand on that. Vice Chair Gort: The reason -- Mr. Mensah: I can ex -- Vice Chair Gort: -- the maker of the motion made it a pilot -- Chair Sarnoff All right, here's what I'm going to do. Vice Chair Gort: -- was a suggestion -- Chair Sarnoff Here's what we're going to do. Somebody do a motion for reconsideration. Commissioner Carollo: Move it. Chair Sarnoff We have a motion for reconsideration. Do we have a second? I'll second it. Vice Chair Gort: Okay, there's a motion for consideration [sic] and a second. All in favor, state it by saying iiye. " The Commission (Collectively): Aye. Chair Sarnoff Okay, give me back the gavel. We're going to table this until 4 o'clock this afternoon where you can meet with every Commissioner and explain exactly what they can and cannot do. Later... Vice Chair Gort: Can we go to PH.1? Chair Sarnoff I think we had tabled one. I think we tabled -- Mr. Mensah: PH.1. Chair Sarnoff -- PH.1. Mr. Mensah: Yes. Chair Sarnoff Remember we tabled it? Vice Chair Gort: For later on? Chair Sarnoff Yeah, butt mean, I -- is everybody comfortable now with the tabledPH.1? Commissioner Carollo: I don't know what we have on -- Chair Sarnoff You know what, you've not -- City ofMiami Page 34 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Mr. Mensah: I can explain. Chair Sarnoff. -- been -- Mr. Mensah: I was -- when I went, he wasn't available, so -- but I can explain it quickly, what it is. Currently, what is on the table is that this particular proposal will be a pilot program, which will expire January 31, 2014, and it will apply to current active facades, which are primarily, I believe, District 1 and District 5. Any facade allocation that is being made at Commission, the Commission will decide on whether to apply the original facade program or the pilot program at that time. If it's made after January 31, then automatically, it's the old facade program we'll go with so. Ms. Bru: Excuse me, George -- I'm sorry, Mr. Mensah. Did you say the Commissioner or the Commission? Mr. Mensah: Well, the Commission approves this, and so if they -- the Commissioner is the one who will make a decision on whether he wants to apply the old facade or the new one. Ms. Bru: Okay, so what you're saying on the record now is a little decent from what I thought you had told me sidebar, which is we -- they can adopt this pilot program. The existing program continues to exist along with this pilot program, and each Commissioner has the discretion to pick and choose which kind of funding will be applied, whether the 20 or the 10? Mr. Mensah: Okay, let me explain a little bit. The -- currently, we only have two contracts that's existing with District 5 and District 1. So this pilot program will apply to those contracts. Now, if a district decide that we want to allocate additional funding -- new funding to the facade program, then that district will choose whether it wants to adopt the pilot program or it wants to use the old program, which is the normal program. Ms. Bru: So once a district Commissioner chooses which funding program to employ, it'll be applied throughout that Commissioner's district -- Mr. Mensah: Yes. Ms. Bru: -- for the term. Mr. Mensah: Yes. Ms. Bru: They cannot pick and choose individual -- Mr. Mensah: No, no. Ms. Bru: Okay. Is that clear now? Chair Sarnoff So either you opt in to the 10 or you opt in to the 20 -- Ms. Bru: Right. Chair Sarnoff -- which is 100 percent pay. Mr. Mensah: That's correct. Chair Sarnoff. So it's a threshold issue. Once you opt in, you're not opting out, and that's going to satisfy your equal protection, I suspect. City ofMiami Page 35 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Ms. Bru: Well, it's -- I'm more concerned about HUD (Department of Housing and Urban Development) guidelines. So as long as Mr. Mensah is okay with doing that and doing it that way, once you opt in, you're in to that program for the remainder of this pilot program, correct? Mr. Mensah: That's correct. Ms. Bru: Okay. Chair Sarnoff Everybody get that? As they say, once you cross the threshold, you're in that room. Commissioner Suarez: I thought it had to do with the contracting parry that you were contracting with, the parameters of the contract that you have with the person that's actually administering the program. Mr. Mensah: The contract we have with them has the attachment, the program guidelines. It's the program guidelines we are changing, so that automatically changes the -- Commissioner Suarez: I see. Mr. Mensah: -- (UNINTET,TIGIBT,F) contract. Commissioner Suarez: Okay. Chair Sarnoff All right. Any further discussion? All in favor, then -- Todd B. Hannon (City Clerk): Excuse me, Chair? Chair Sarnoff Yes. Vice Chair Gort: It's a motion. Chair Sarnoff Oh, I have to open -- Vice Chair Gort: I move it. Chair Sarnoff -- up a public hearing, don't I? Mr. Hannon: No. You already had the public hearing earlier, but we do need a motion on the amended resolution. Vice Chair Gort: Move it. Chair Sarnoff Motion by Commissioner Gort. Commissioner Spence -Jones: Second. Chair Sarnoff Second by Commissioner Spence -Jones. Any further discussion? All in favor, please say "aye." Commissioner Suarez: Aye. Vice Chair Gort: Aye. Commissioner Carollo: No. City ofMiami Page 36 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Mr. Hannon: As amended. Commissioner Carollo: No. Chair Sarnoff And I'm going to be a no as well, so 3-2. Commissioner Carollo: And by the way, I foresee having some facade programs in District 3 in the near future, so we need to get together, Mr. Mensah -- Mr. Mensah: No problem. Commissioner Carollo: -- with regards to exactly how it's going to be worked and done and so forth. Mr. Mensah: Okay, no problem. PH.2 RESOLUTION 13-00322 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), APPROVING THE CITY OF MIAMI ("CITY") LOCAL Economic HOUSING ASSISTANCE PLAN ("LHAP"), ATTACHED AND INCORPORATED, Development FOR THE PERIOD OF JULY 1, 2013, THROUGH JUNE 30, 2016, FOR THE CONTINUED PARTICIPATION OF THE CITY IN THE FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP ("SHIP") PROGRAM; AUTHORIZING THE CITY MANAGER TO SUBMITA PLAN TO THE FLORIDA HOUSING FINANCE CORPORATION FOR REVIEW AND APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE TERMS AND CONDITIONS OF THE SHIP PROGRAM AND THE LHAP. 13-00322 Summary Form.pdf 13-00322 Notice to the Public.pdf 13-00322 Legislation.pdf 13-00322 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0137 Chair Sarnoff PH.2. George Mensah: George Mensah, director of Community Development. PH.2 is a resolution approving the City of Miami's Local Housing Assistance Plan, LHAP, for the period of July 1, 2013 through June 30, 2016, and this will allow us to participate in the Florida State Housing Initiative Partnership Program. Chair Sarnoff All right. Vice Chair Gort: Move it. City ofMiami Page 37 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Chair Sarnoff Let me open a public hearing. Public hearing on PH.2 is now open. Anyone wishing to be heard on PH.2? Hearing none, seeing none, public hearing is now closed. Do we have a motion? Vice Chair Gort: Move it. Chair Sarnoff Motion by Commissioner Gort. Commissioner Carollo: Second for discussion. Chair Sarnoff Second by Commissioner Carollo. Commissioner Carollo's recognized for the record. Commissioner Carollo: Thank you, Mr. Chairman. The only thing is thatl requested -- apparently there's a waiting list for SHIP (State Housing Initiative Partnership Program) funds and we requested that list and we have not received it. Mr. Mensah: I have not been informed that the list has been requested. We have a wait list for the single-family home pro -- single-family program, which uses either SHIP or CDBG (Community Development Block Grant) funds. We don't have any SHIP funds, so that's not what we're using now. Commissioner Carollo: Right, but we have a hundred and some thousand in SHIP funding now. We're going to be allocating a hundred and something thousand, correct? Mr. Mensah: Yes. We haven't received it yet. Once we receive it, it will be allocated, yes. Commissioner Carollo: Right, but is there a list for those fundings [sicg? Mr. Mensah: For -- we have a wait list. We have a list that we're going through and those -- that wait list is there. I mean, Commissioner, I don't know that you've requested -- if you requested that, I've not heard it. I can easily provide it to you. It is something we have. Commissioner Carollo: Yes, andl was there in the meeting when we requested it. But if there's some miscommunication, I'm requesting it. Yes, I want to see the list. Mr. Mensah: No problem. I could send it to you. Commissioner Carollo: And you understand what list it is, right? So there's not going to be no miscommunication about the list. Mr. Mensah: A wait list of our single-family rehabilitation program. Yes, that's correct, sir. Chair Sarnoff All right. We have a motion and we have a second. Any further discussion? Hearing no further discussion, all in favor, please say "aye." The Commission (Collectively): Aye. PH.3 RESOLUTION 13-00320 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community and ALLOCATION OF CITY OF MIAMI DEPARTMENT OF COMMUNITY AND Economic ECONOMIC DEVELOPMENT DISTRICT 4 ECONOMIC DEVELOPMENT Development LOAN FUND PILOT PROGRAM FUNDS IN THE AMOUNT OF $50,000 TO City ofMiami Page 38 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 PH.4 13-00324 BASCOMB MEMORIAL BROADCASTING FOUNDATION/WDNA 88.9 FM, FOR ECONOMIC DEVELOPMENT ACTIVITIES, SPECIFICALLY TO PURCHASE AND INSTALLA COMMERCIAL GENERATOR FOR THE PROPERTY LOCATED AT 2921 CORAL WAY, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-00320 Summary Form.pdf 13-00320 Notice to the Public.pdf 13-00320 Pre-Legislation.pdf 13-00320 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0138 Chair Sarnoff PH.3. George Mensah (Director, Community Development): PH.3 is a resolution allocating an amount of 50,000 from District 4 economic development loan fund to Bascomb Memorial Broadcasting Foundation. Commissioner Suarez: Move it. Chair Sarnoff We have a motion by Commissioner Suarez. Vice Chair Gort: Second. Commissioner Carollo: Second, discussion. Chair Sarnoff Second by Commissioner Carollo. Commissioner Carollo's recognized for the record. Commissioner Carollo: Thank you, Mr. Chairman. And it doesn't deal with this item. I just wanted to make sure from the Manager -- Mr. Manager, in good faith I voted in favor of PH.2. However, I was told that I was going to be receiving the list. I want to make sure you follow up andl do receive that list. Thank you. Chair Sarnoff Let me open a public hearing on PH.3. PH.3, anyone wishing to be heard on PH3? Hearing none, seeing none, public hearing is now closed; coming back to this Commission. Any further discussion? Hearing no further discussion, all in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION City ofMiami Page 39 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Department of Community and Economic Development A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $500,000 FROM THE CITY OF MIAMI ("CITY") DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DISTRICT 3 ECONOMIC DEVELOPMENT RESERVE ACCOUNT, TO THE CITY'S CAPITAL IMPROVEMENTS PROGRAM DEPARTMENT, FOR THE COMMUNITY CENTER PROJECT LOCATED AT 1320-1330 SOUTHWEST 12TH AVENUE, MIAMI, FLORIDA, FOR THE INSTALLATION OF A NEW PLAYGROUND; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-00324 Summary Form.pdf 13-00324 Notice to the Public.pdf 13-00324 Pre-Legislations.pdf 13-00324 Legislation.pdf 13-00324-Submittal-Commissioner Sarnoff.pdf 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-13-0139 Chair Sarnoff PH.4. George Mensah (Director, Community Development): PH.4 is a resolution of the Miami City Commission authorizing the allocation of CDBG (Community Development Block Grant) funds, in the amount of $500, 000, from the Community Development District 3 economic development reserve fund account to the City's Capital Improvement [sic] Program for community center project located 1320-1330 Southwest 12th Avenue. And this is for the installation of a new playground. Commissioner Carollo: Move it and discussion. Commissioner Suarez: Second. Chair Sarnoff Motion by Commissioner Carollo. Commissioner Suarez: Second. Chair Sarnoff Second by Commissioner Suarez. Commissioner Carollo, you're recognized for the record. Commissioner Carollo: Thank you, Mr. Chairman. And Mr. Manager, as you know, this is something we've been working on for -- I hate to say it, but way too long and there are still issues with the property, and I'm not going to get into all the details because, frankly, I couldn't. It's so convoluted. But the bottom line is, I want to make sure that even though we're allocating these fundings [sic] -- or I hope, you know, my colleague support me in allocating these fundings [sic] that does help with the timeliness test, and it's something that's going to be very good for the community if we ever get it accomplished. I want to make sure -- and I'm saying it in public -- that we are consistently looking at these $500 -- $500, 000 allocation to make sure that the spending is adequate. And the reason that I'm also saying is because we still do not have full title to that property, so I need -- I want everyone to be clear and make sure that everyone's very City ofMiami Page 40 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 cognizant that we do not full title to that property yet. I understand we have a signed contract, the whole nine yards. But apparently, there's something wrong with the title, andl don't know if we need to elaborate or not, Madam City Attorney. But the bottom line is, I want to make -- be very visual of these monies because even though it could be a very, very good thing for our community, I want to make sure that we're very visual so we don't spend monies on a property that we still don't own. Chair Sarnoff All right. Commissioner Carollo: All right, Mr. Manager? Chair Sarnoff I think we need to open up a public hearing on PH.4. Anyone wishing to be heard on PH.4, please step up. Hearing none, seeing none, public hearing is now closed. Before we vote, Commissioner, I want -- I just wanted to say, when I saw $500, 000 andl saw the backup, it really wasn't much meat on the bone. Commissioner Carollo: By the way, you don't see District 3 there, the one who's presenting, right? Because if it was District 3, there will be backup. Chair Sarnoff Andl just want you to know, I received some communications on at least site work, concrete shelter, play stations. I felt a lot more comfortable once I started to see exactly what your program intentions are, not that I mistrust you. I just -- I think this should be part of our backup. Commissioner Carollo: Oh, absolutely. And by the way, you received more information than I did. The only thing is that everybody knows that I'm on top of the funding. So just because we're allocating 500,000 doesn't mean that we're going to spend 500, 000. And the Administration clearly knows that that will not be the case. Unfortunately, we are meeting -- you know, looking at the timeliness test and we need to allocate some of these fundings [sic]. Andl know Mr. Spanelli's [sic] here, but you know the process with CIP (Capital Improvements Program) is lengthy, and therefore, that's why I wanted to see if we move it along and start seeing maybe (UNINTELLIGIBLE) design -- how much it will cost for design and so forth, and that's why we're starting to allocate this. So that's my intention. And by the way, you received more than I did, but at the same time, the Administration fully knows how -- and I'm sure you've heard how I oversee the monies. Chair Sarnoff No. I -- first of all, let me just say, I love to see parks. I love to see parks develop, but I feel like I know a little bit about equipment now. Andl satisfied myself andl think this Administration should do a little better job -- I'm not being harsh. But when somebody sees $500, 000 for installation of a playground, it's a pretty hard thing to do. I haven't seen too many $500, 000 playgrounds. At least now -- and I'll make it a part of the record -- an e-mail (electronic) from Monica Rodriguez, dated April 9, 2013, to Dan Goldberg and Ron Nelson -- I'll make it a part of the record -- at least shows, Commissioner, how the money's intended to be spent, and I'm comfortable with that. Commissioner Carollo: And by the way, something that hasn't been said andl guess we've kept quiet until all the properties is owned by the City is that, in essence, what we're doing is we're going to own the whole block in that area. And it's going to go in a -- you know, as a continuation of the community center that we're refurbishing and we're going to end up owning the whole block and actually making the first playground in that area in many, many years, an area that -- and you've seen me from the minute that I became a Commissioner, how the lack of playgrounds, the lack of parks in District 3. So this is going to go a long ways if we ever finally get everything done and completed. And anyways, thank you. Chair Sarnoff All right, so we have PH.4. Any further discussion? Hearing no further City ofMiami Page 41 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 PH.5 13-00334 Department of Community and Economic Development discussion, all in favor, please say aye. The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $50,000 FROM THE DISTRICT 4 ECONOMIC DEVELOPMENT RESERVE ACCOUNT TO THE GREATER MIAMI CHAMBER OF COMMERCE, INC., FOR THE CONSTRUCTION OF A BUSINESS CENTER AT MIAMI NORTHWESTERN HIGH SCHOOL, LOCATED AT 1100 NORTHWEST 71ST STREET, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-00334 Summary Form.pdf 13-00334 Notice to the Public.pdf 13-00334 Pre-Legislation.pdf 13-00334 Project Proposal Submission.pdf 13-00334 Detail by Entity Name.pdf 13-00334 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0140 Chair Sarnoff Commissioner Suarez is recognized for the record, and I'm sure he will recognize the School Board member. Commissioner Suarez: Thank you, Mr. Chair. I will. Andl want to take a moment to recognize School Board Member Dorothy Bendross-Mindingall, who's in the audience with us today. Ms. Kira Grossman, who I think is a few minutes away, had approached me about helping Miami -- Leadership Miami with a project that they were engaged in in Miami Northwestern high school. Andl approached Mr. Mensah, from the Community Development Department, and asked him if there was any way that we could tap into our CDBG (Community Development Block Grant) funding for, you know, an eligible project that would benefit the students of that high school. And he, you know, met with us, obliged, and we put together and constructed a project that would benefit the students of Northwestern high school. And this is the funds that are needed to reimburse the construction that is being done and the business center that is being constructed there. Andl don't know if -- I guess Ms. Grossman's not here yet, andl wanted to respect Ms. Dorothy Bendross Mindingall's time. So you may -- Doctor, if you want to come up and just say a few words in the meantime while Ms. Grossman arrives, and we can open up the public hearing as well? George Mensah (Director, Community Development): Mr. Chair, want me to put something on the record? Chair Sarnoff Go ahead. Commissioner Suarez: Yes. City ofMiami Page 42 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Mr. Mensah: PH.5 is a resolution ofMiami City Commission authorizing the allocation of CDBG funds from District 4 economic development reserve account, in amount of $50, 000, to the Greater Miami Chamber of Commerce for the construction of a business center at Miami Northwestern High school, located at 1100 Northwest 71 st Street. This is a public improvement -- public facility improvement program. Chair Sarnoff Thank you. Commissioner Suarez: Thank you. Chair Sarnoff I'm going to open up a public hearing on PH.5 and recognize Dr. Dorothy Mindingall. Dorothy Bendross-Mindingall: Good afternoon, everyone. I am indeed honored to be here to speak on behalf of all children of Dade County Public Schools, but more importantly, those in District 2. I am a proud graduate ofMiami Northwestern Senior High School; yes, I am a Bull. Andl want you to know that whenever we come together in a collaborative effort, it works. I was honored at one time to speak before a group of elected officials who -- not you, but they were -- they said openly, Well, we're not in the education business. I said, Little do you know, you are; we all are. So this is going to be quite beneficial. It will work for not only the school, but the community to know that they're thought of in such a high fashion. So from the bottom of my heart and all the Bulls who are everywhere moving around and trying to do good work, we thank you for looking out for our children and God bless you. Chair Sarnoff Thank you. Commissioner Suarez: Thank you. Andl want to thank also the Greater Miami Chamber of Commerce, and obviously, the public school system for collaborating with all the parties to do this very worthwhile project in an area that has a lot of need and in an area where, unfortunately, we've seen a lot of violence recently. So it's an investment in our children and their future. Thank you. I move the item. Vice Chair Gort: Second. Commissioner Spence -Jones: Second. Chair Sarnoff Motion -- we have a motion by Commissioner Suarez, second by Commissioner Spence -Jones. Commissioner Spence -Jones: I just wanted to -- I don't know if -- Kira, do you want to put something on the record? Kira Grossman: Hi. My name's Kira Grossman. I just want to thank you for this opportunity. I am in charge of this program for Leadership Miami, and we put a really great program together. We've been dealing with about 20 freshmen from Miami Northwestern Senior High. We've met with them every Friday. We've had speakers come in, and they've done impact projects and have gone through our leadership mentoring program. So I really appreciate this opportunity, and the grant is going to a great purpose. We're building a fantastic business center at Miami Northwestern, and they will have the capability to get on the computers that they don't have access to at home. They will have printers, paper, and access to 20 individuals that have been offering their mentoring services, so I greatly appreciate your donation and the grant and your support. Thank you. Commissioner Spence -Jones: Andl just want to commend Commissioner Suarez for his support. This item is actually in my district in Miami Northwestern. We never really have enough dollars City ofMiami Page 43 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 to actually go around to support all of the needs that have in the district, and l just want to thank you for your leadership, looking beyond the lines -- the district lines, and knowing that there is a need. And thank you for your vision and your support in making that happen, so -- and I know a lot of that influence has come from Art Noriega and his lifetime commitment to Miami Northwestern at the City Parking Authority. He continues to support the young people and on his own, actually. This is something he started how many years ago, Art? Art Noriega: Six years. Commissioner Spence -Jones: Six years ago. And they really depend on Art and they really -- he's done a lot of great things to these -- for these kids at Miami Northwestern. So I just want to thank the both of you guys, and of course, Commissioner Suarez. Chair Sarnoff Commissioner Gort's recognized. Vice Chair Gort: Mr. Chairman, let me tell you. Last Sunday, both Commissioner Suarez and myself were at an event that took place at Miami bridge where Leadership Miami provided some support to the kids there -- their home there at the Miami bridge. Andl would like to thank Leadership Miami, Greater Miami Convention and Visitors Bureau, and Greater Miami Chamber of Commerce. I think the work that you guys do -- There's nothing like having those young professional individuals getting involved in the community at this time. I think that's very important for the kids and it's very, very healthy. You did the project at the Miami bridge and also at Jackson high school, which was great, and the kids really loved it. Thank you. Thank you all for your support. Chair Sarnoff All right. Let me -- anyone else wishing to be heard on PH.5, please step up. Hearing none, seeing none, the public hearing is now closed; coming back to this Commission. Any further discussion? Hearing no further discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right. We are now in recess, as we go up to the shade -- not shade -- it's an executive session. END OF PUBLIC HEARINGS ORDINANCES - SECOND READINGS SR.1 ORDINANCE 13-00282 Second Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Clerk ATTACHMENT(S), PROVIDING FORA GENERAL MUNICIPAL ELECTION ON NOVEMBER 5, 2013, FOR THE PURPOSE OF ELECTING A MAYOR AND TWO COMMISSIONERS; FURTHER PROVIDING FORA RUNOFF ELECTION, IF REQUIRED, ON NOVEMBER 19, 2013; PROVIDING FOR THE REGISTRATION OF PERSONS QUALIFIED TO VOTE IN BOTH ELECTIONS; DESCRIBING PERSONS QUALIFIED TO VOTE IN BOTH ELECTIONS; DESCRIBING THE REGISTRATION BOOKS AND RECORDS MAINTAINED UNDER THE PROVISIONS OF THE GENERAL LAWS OF FLORIDAAND CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH THE CITY OF MIAMI HAS ADOPTED FOR USE IN GENERAL MUNICIPAL AND RUNOFF ELECTIONS; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF SUCH City ofMiami Page 44 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 REGISTRATION BOOKS AND RECORDS; AND DIRECTING THE CITY CLERK TO GIVE NOTICE BY PUBLICATION OF THE ADOPTION OF THIS ORDINANCE AND THE PROVISIONS HEREOF; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 13-00282 Memorandum FR/SR.pdf 13-00282 Letter from Supervisor of Elections FR/SR.pdf 13-00282 Estimated Costs for November 2013 Election FR/SR.pdf 13-00282 2013 General Municipal Election Calendar FR/SR.pdf 13-00282 Legislation FR/SR.pdf 13-00282 Exhibit No. 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 13374 Chair Sarnoff Okay, second reading, establishing an election date. ToddB. Hannon (City Clerk): Good afternoon, Chair and Commissioners. SR.1 is a second reading ordinance providing for a general municipal election on November 5, 2013, for the purpose of electing a mayor and two commissioners. Additionally, it moves the run-off election back a week to November 19, per a request by the Miami -Dade County Supervisor of Elections. Vice Chair Gort: Move it. Commissioner Carollo: Second. Chair Sarnoff Motion by Commissioner Gort, second by Commissioner Carollo. Let me open up a public hearing. Anybody wishing to be heard on SR.2, please step up. Hearing none, seeing none, coming back -- SR.1. Commissioner Suarez: It's SR.1. Commissioner Spence -Jones: SR.1. Chair Sarnoff Did I say SR. 2? SR.1. Commissioner Carollo: Yes. Chair Sarnoff Sorry, SR.1. I didn't know Nathan could move that fast. Anyone else wishing to be heard on SR.1? Hearing none, seeing none, the public hearing is now closed. Any discussion? Hearing no discussion, Madam City Attorney, it's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Commissioner Carollo: Mr. Chairman, before roll call, I just want to clam. You said the election of the mayor and two commissioners. I thought it was the election of the mayor and three commissioners. Julie O. Bru (City Attorney): No. It's -- at this point what's being scheduled is the election of the mayor and two commissioners. That is what is scheduled under our Charter to be up for election. City ofMiami Page 45 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commissioner Spence -Jones: But he's saying it should be three different seats. Is that what you're saying? Commissioner Carollo: Right. It's three seats that'll be -- Commissioner Spence -Jones: Francis -- Commissioner Carollo: Francis, myself and District 5. Ms. Bru: We don't have a vacancy in District 3 at this time. Commissioner Spence -Jones: Oh, 'cause he has the -- Commissioner Suarez: District 4. Ms. Bru: I mean, District 4. Commissioner Suarez: Right. Mr. Hannon: Madam City Attorney is correct. Commissioner Suarez: (UNINTET,T IGIBT ,F) qualify for the vacancy. Commissioner Carollo: Could you explain that? Could you go -- explain that 'cause I thought -- Ms. Bru: The Charter describes when each district runs, you know. Every two years, we have an election, district -- you know, there's two districts that run along with the mayor and then three districts -- Commissioner Spence -Jones: But he has to resign for his seat. Commissioner Carollo: But -- Ms. Bru: So there's no vacancy. There's no vacancy in his district at this time. Commissioner Suarez: Yeah, my district runs until 215 [sic] until resign. I have to resign before qualifying. Commissioner Carollo: So everyone that's running in District 4 and all that -- Chair Sarnoff And do we have to redo this --? Commissioner Suarez: They're doing what I did in '09 basically. Chair Sarnoff Right, we have to -- Commissioner Carollo: Right, in '09, along with me. Commissioner Suarez: Right. Commissioner Carollo: Because there was a vacancy. Commissioner Suarez: But -- right. City ofMiami Page 46 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commissioner Carollo: So that's why I'm saying -- Commissioner Suarez: No, no. There was no vacancy until the Mayor resigned -- well, the Mayor, who was a Commissioner at the time. I was running technically for the 2013 election -- I'm sorry, the 2011 election, just like the person now is running for the 2015 election. Chair Sarnoff No, no. But I think -- Commissioner Suarez: It's really -- Chair Sarnoff -- what he's asking -- Commissioner Suarez: -- it's not complicated. Chair Sarnoff This will come back to us one more time. Commissioner Suarez: Yes. Chair Sarnoff Right. Commissioner Suarez: Exactly. Vice Chair Gort: It'll have to come back. Chair Sarnoff It comes back -- we're not going to get it all done today. It will come back to us Commissioner Suarez: Right. Chair Sarnoff -- one more time. Vice Chair Gort: He can resign before the qualification and he can resign effective the day of the election. Chair Sarnoff Right. Commissioner Suarez: Exactly. Chair Sarnoff Okay. So SR.1, we've opened up the public hearing. Have we closed the public hearing? Mr. Hannon: Yes, sir. Chair Sarnoff We have a mover; we have a seconder. Mr. Hannon: Yes, sir. Madam City Attorney's read the title into the record. Therefore, we're ready -- Chair Sarnoff Now it's up to you to do roll call. Mr. Hannon: Yes, sir. Roll -- Chair Sarnoff Just checking on you, Mr. Hannon. Mr. Hannon: Thank you, sir. Roll call on item SR.1. City ofMiami Page 47 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 SR.2 13-00375 Miami Parking Authority A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 5-0. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ ARTICLE I/SECTION 54-9 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/ IN GENERAL/ PLACING SIGNS ON ANY PORTION OF THE PUBLIC RIGHT-OF-WAY, STREET, OR SIDEWALK SURFACE", MORE PARTICULARLY BY AMENDING SUBSECTION (A) TO ALLOW THE DEPARTMENT OF OFF-STREET PARKING OF THE CITY OF MIAMI ("DOSP") TO PROCURE CERTAIN SIGNAGE SUBJECT TO SPECIFIED TERMS, CONDITIONS AND LIMITATIONS; FURTHER ADDING A NEW SUBSECTION (G) TO PERMIT THE PLACEMENT OF SIGNAGE OR ADVERTISEMENTS ON CITY OF MIAMI OWNED, OR DOSP OWNED, PARKING PAYMENT MACHINES WITHIN THE PUBLIC RIGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE 13-00375 Summary Form SR.pdf 13-00375 Legislation SR.pdf 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, Sarnoff and Spence -Jones Noes: 2 - Commissioner(s) Carollo and Suarez 13375 Chair Sarnoff. All right, SR.2. Art Noriega: Good afternoon. Art Noriega, Miami Parking Authority. This item has been before the Commission now -- this would be the third reading. It was at the request of I think, some discussion with the public commentary at the last meeting. It was requested it be brought back or reverted back to a first reading at the last meeting. There were two additional changes requested, both of which were included in the latest version of the modification, the first of which specifically references the parking payment machine as a means to place the advertisement. And the second one is a prohibition against any additional lighting, specifically no backlighting, other than lighting that's typically inherent to the machines themselves. So there will be no -- there was a fear that there might be some sort of LED (Light Emitting Diode) advertisement or lighted advertisement placed on the machines, so we inserted language that prohibited that. Chair Sarnoff. All right. Is there a motion? Commissioner Spence -Jones: So moved. Vice Chair Gort: Second. Chair Sarnoff. Motion by Commissioner Spence -Jones, second by Commissioner Gort. I'll open up a public hearing. Anybody wishing to be heard SR.2, please step up. Mr. Kurland, you're recognized for the record. City ofMiami Page 48 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Nathan Kurland: Thank you. Nathan Kurland, 3132 Day Avenue. Let me make this very, very simple. SR.2 is a bad ordinance. SR.2 is a bad ordinance. One more time. SR.2 is a bad ordinance. Scenic beauty is being attacked from every direction; from gigantic, illegal LEDs, to billboards on walls, otherwise known as murals; billboards being pulled by trucks, billboards being pulled by boats, and of course, the iconic banners being pulled by planes. If this were World War II, we would not be out of place to listen -- andl acknowledge upfront that this may not be a very good imitation -- but Winston Churchill, who said "We will meet them on the beaches. We will meet them in the air. We will meet them on the ground." I moved to Miami 11 years ago for two reasons: the beauty of the City ofMiami and the beauty of my future wife, Ceci. I hope you're listening, Cecilia. I guess the citizens ofMiami should feel lucky, in particular, the residents of Coconut Grove who will be the Petri dish for this very bad idea. The first incarnation, as Mr. Noriega pointed out, of this bad ordinance allowed advertising on trees. And in a less than stellar Commission moment, it still passed on first reading. Now it's back. Bike rental stations, bus benches, Metro rail cars, and now parking payment machines. Unrelenting and getting worse as the advertising industry just keeps reaching in to our quality of life. Commissioner Gort, I have met your beautiful daughters. Chair Sarnoff. In conclusion. Mr. Kurland: Yes, sir. Commissioner Carollo, no denizen of City Hall could not know your beautiful daughter, Briana. Chair Sarnoff. In conclusion. Mr. Kurland: Yes, sir. Is this the legacy you wish to leave for the citizens and your children and the citizens ofMiami? I hope you vote no for this bad ordinance. Thank you. Vice Chair Gort: I hate to tell you, my daughters love them. Mr. Kurland: What, me? Vice Chair Gort: No, the signs. Commissioner Spence -Jones: Okay. Vice Chair Gort: Love you too. Commissioner Spence -Jones: I thought -- I know that Art was going to be making some adjustments on this overall issue. I know we went back and forth on it, andl thought that the adjustments -- everyone should have been briefed and they're okay with. Mr. Noriega: Yeah, we've -- Commissioner Spence -Jones: I mean, the whole -- Mr. Noriega: -- I made the -- we made the adjustments specifically as directed. I mean, they're to the T of what the commentary we got last meeting, so it -- what's presented to you today is exactly as we were instructed to present. Commissioner Spence -Jones: Okay, 'cause I heard bad three times, so I just want to -- Mr. Noriega: I mean, to Nathan's credit, he has been opposed to this from the beginning. Commissioner Spence -Jones: Okay. City ofMiami Page 49 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Mr. Noriega: I respect his opinion. Obviously, we disagree, but he hasn't wavered. I don't think any amount of modification to the language -- Commissioner Spence -Jones: Okay. Mr. Noriega: -- was going to really appease him in any way. Commissioner Spence -Jones: Change him. All right, no -- convert him. So he wasn't going to be converted on this at all. Mr. Noriega: He was not. Chair Sarnoff Mr. Noriega, parking meter -- or I should say parking station 413712, brand-new, right in front of the Coconut Grove Post Office, doesn't work. Mr. Noriega: Okay. Chair Sarnoff It's brand-new. I was there for lunch. I'll keep my parking ticket. And what does that have to do with this? Absolutely nothing. Just thought I'd bring it up. Mr. Noriega: You're good at pointing out when they don't work. Chair Sarnoff Right. Mr. Noriega: I'm -- I'll take that back. Commissioner Spence -Jones: He's going to pay that ticket, though, okay. Chair Sarnoff But in the words of -- Mr. Noriega: No, he won't. Chair Sarnoff -- Commissioner Regalado when we had the Mercy Hospital issue and he talked about what was happening in France and he said what does that have to do with Mercy, he said, absolutely nothing. I've heard arguments today that have absolutely nothing to do with very much of what we're doing here today. I support this only because I think it's an -- I think the intention behind this is to give people a wayfinding and know where they are with the maps. Give some people very small advertisement opportunities so they know exactly where they are in Coconut Grove. If it works, it works. If it doesn't work, we take it down. Ironically, I'll bet you guys in three years there won't be parking stations any longer. It'll all be done by phone. Mr. Noriega: Your mouth to God's ears. Chair Sarnoff Yeah. I think it's -- Mr. Noriega: I hope so. Chair Sarnoff -- I think the technology is there. I think there's no reason for these parking stations any longer. But they're here for right now. You just got a new set of them, you know. I think it's a unique idea. I think you listened to everyone. I don't think it was ever your intention to put these on those little parking meter things, and don't think it was your intention to put it on -- Mr. Noriega: Trees. City ofMiami Page 50 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Chair Sarnoff. -- palm trees. Andl don't think it was your intention to put it on oak trees. Andl don't think it was your intention on putting it on little children as they walked around. Commissioner Carollo: Fire hydrants. Chair Sarnoff. I don't think it was your intention to put it on fire hydrants. But you know -- Commissioner Carollo: Utility poles. Chair Sarnoff. -- fun arguments and good public speakers can do a hell of a job with very few facts. So, you know, it's fun to get up here and berate people, but it's also -- this is what it really is. Commissioner Spence -Jones: So we -- did we have a motion and a second on this item? Chair Sarnoff. We do. We have a -- Vice Chair Gort: Yeah, a motion and second Chair Sarnoff. -- motion. We have a second. Anyone else wishing to be heard on SR.2? Hearing none, seeing none, coming back to this Commission. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. ToddB. Hannon (City Clerk): Roll call on item SR.2. Commissioner Carollo? Commissioner Carollo: No. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: No. Mr. Hannon: Vice Chair Gort? Vice Chair Gort: Yes. Mr. Hannon: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Mr. Hannon: Chair Sarnoff? Chair Sarnoff. Oh, I don't know what to do. I'm so torn. Yes. Mr. Hannon: The ordinance passes on second reading, 3-2. Mr. Noriega: Thank you. SR.3 ORDINANCE 13-00194 Second Reading District2- AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER Commissioner Marc 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS DavidSarnoff AMENDED, ENTITLED "FINANCE/ CITY OF MIAMI PROCUREMENT City ofMiami Page 51 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 ORDINANCE", MORE PARTICULARLY BY AMENDING SECTION 18-94, ENTITLED "QUALIFICATIONS AND DUTIES OF CONTRACTUAL PARTIES", TO PROVIDE FORADETERMINATION OF RESPONSIBILITY, AND SECTION 18-95, ENTITLED "DETERMINATION OF RESPONSIBILITY", TO PROVIDE THATA PROSPECTIVE CONTRACTUAL PARTY DECLARED IN DEFAULT OF A CITY OF MIAMI ("CITY") CONTRACT OR OWING MONEY TO THE CITY WILL BE DETERMINED AS NONRESPONSIBLE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 13-00194 Legislation (Version 2) SR.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo Note for the Record: Item SR.3 was deferred to the April 25, 2013 Commission Meeting. Chair Sarnoff SR. 3. Kenneth Robertson: Good afternoon, Commissioners. Kenneth Robertson, Purchasing director. SR.3 is an ordinance amending Sections 18-94 and 18-95 of the City Code to provide that a prospective contractual party declared in default of a City ofMiami contract or owing money to the City will be determined as non -responsible. The second reading revisions for this item include clarifying language regarding barred or suspended vendors in paragraph one, and includes language regarding a requirement that the City must formally notify a bidder or offer in writing regarding monies owed to the City within the past five years and provides remedies for bidders or offers who may be disputing said claims in paragraph two. Chair Sarnoff All right. Thank you. It's -- there's an ordinance. Is there a motion on SR.3? Vice Chair Gort: Move it, discussion. Chair Sarnoff Motion by Commissioner Gort. I'll second it. Commissioner Spence -Jones: So, Marc, if you could just -- Chair Sarnoff Oh, I will, I will. So let me fill you in. In the public sector -- Vice Chair Gort: It's moved and second. Chair Sarnoff -- the best policy are those that encourage a wide field of bidders for procurement items. This helps to achieve the best possible price for the City at any given time. It's the market at its best. Competition breeds efficient pricing. The private sector, though, acts in ways similar to the public sector when it comes to procurement. They informally do what we describe as a discreet process. They evaluate cost as a main factor in deciding whether they're going to purchase something. They perform due diligence to make sure the potential contracting entity is capable and can accomplish what needs to be done. And of course, they negotiate terms and costs best to suit their needs. However, in the private sector, if one company has had prior unsatisfactory dealings, it will not contract with that entity unless it's their sole choice to do so, a sole source situation, if you will. SR.3 gives the City the best of both worlds. For entities that owe us money, we will not engage with them for bidding unless the money is paid or escrowed. At the same time, to be fair and to encourage a wide field of bidders that ensures the best practice, the City must have previously put the entity on notice in writing that there is a cogent and fair dispute. This precludes any last-minute surprises and ensures that the certain bidder City ofMiami Page 52 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 who expends funds in an effort to win will not have done so for an illusory award. Got to tell you, folks, this is called the best practices, and this is what other cities employ. Unfortunately, it's taken the City ofMiami a very long time under procurement to employ this best practice. And it puts Madam City Attorney in a unique and advantageous position of achieving settlements, achieving payments that have been owed and due for years, that if people want to continue doing business with the City ofMiami, they simply have to pay up or they have to escrow up and go to court and seek redress. This is the best of all worlds. In case you all are wondering where this ordinance comes from, it comes from some really wild, wild cities out there: New York City, Philadelphia, Jacksonville. These are horrible places. All these have a version of this ordinance. But in the City ofMiami for years, no, we don't have it. I certainly recommend that we do our part of becoming a first-class city, and this is part of it. Vice Chair Gort: Okay, any further discussion? Commissioner Spence -Jones: Yeah, I just -- Vice Chair Gort: Yes, ma'am. Commissioner Spence -Jones: I -- and Marc, I know this is a second reading, butt do want to digest this a little more. Do you mind if we just roll it over to the next one? I mean, I don't know -- I mean, you guys could vote without me 'cause you have -- Chair Sarnofff. It's not -- Commissioner, it's not an emergency. Commissioner Spence -Jones: Okay, no problem. So if we could just roll it over, I really would appreciate it. Chair Sarnofff. All right, so we need -- you need to withdraw -- Vice Chair Gort: So I withdraw my motion and the second withdraw his motion. Chair Sarnofff. And now we need to have a motion for continuance by Commissioner Spence -Jones, second by -- Vice Chair Gort: I'll second. Chair Sarnofff. -- Commissioner Gort for the next meeting, SR.3. All in favor, please say "aye." The Commission (Collectively): Aye. Vice Chair Gort: But point of -- Chair Sarnofff. Go ahead. Vice Chair Gort: I need to ask a question. I was reading an RFP (Request for Proposals) the other day. It had 45 pages. Out of the 45 pages, I would say 40 were conditions that we've set in the contract to be accomplished by the person that receives the contract. My question is, who supervises to make sure that those 40 pages are complied with any time we award a contract? Mr. Robertson: That's always a joint effort between Purchasing and the contract administrator for the contract in question. Every procurement is issued on the behalf of the requesting department, whether -- Vice Chair Gort: Right. City ofMiami Page 53 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Mr. Robertson: -- Police, Fire, or Parks. When the contract is awarded and ultimately transitioned over to the user department, that contract administrator is responsible for administering it on a day-to-day basis. If that department runs into any problems with the contract, they can come consult with Purchasing, and we can escalate matters; send them notice, send them -- Vice Chair Gort: Right. Mr. Robertson: -- default notices. Vice Chair Gort: Thank you. So the department director is the one that's supposed to be supervising to make sure that the people are compliant with the contract? Mr. Robertson: Correct, the department director and/or a particular contract administrator if it's not the director of that particular department. Vice Chair Gort: Thank you. And the reason I'm bringing this up, I'd really like to see an internal audit. We have a lot of contracts out there that think that need to be audit 'cause there's a lot of money that is not being paid according to the contracts. So I want to make sure that we have that on -- andl have the confidence of my Commissioners 'cause it's instructed by us. Chair Sarnoff. All right. So now I think we're -- Vice Chair Gort: Thank you. SR.4 ORDINANCE Second Reading 13-00250 Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Attorney (4/5THS) AFFIRMATIVE VOTE, ABOLISHING THE DISTRICT 1 HOUSING ADVISORY BOARD, MORE PARTICULARLY BY REPEALING IN ITS ENTIRETY CHAPTER 12.5/ ARTICLE I/ DIVISION 5, ENTITLED "COMMUNITY REVITALIZATION/COMMUNITY REVITALIZATION DISTRICTS/DISTRICT 1 HOUSING ADVISORY BOARD", SECTIONS 12.5-131 THROUGH 12.5-139, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND BY AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2, OF THE CITY CODE, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY," BY AMENDING SECTION 2-892(4)(0) ALL AS STATED HEREIN; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-00250 Memo - Office of the City Attorney SR.pdf 13-00250 Legislation FR/SR.pdf Motion by Commissioner Spence -Jones, 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 13376 Chair Sarnoff. I think we're up to SR.4. Todd B. Hannon (City Clerk): Good afternoon, Chair and Commissioners. SR.4 is a second City ofMiami Page 54 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 FR.1 13-00188 Department of Purchasing reading ordinance that essentially cleans up the code and removes the District 1 Housing Advisory Board. Commissioner Spence -Jones: So moved. Chair Sarnoff Motion by Commissioner -- Commissioner Suarez: Second. Chair Sarnoff -- Spence -Jones, second by Commissioner Suarez. Vice Chair Gort: Second. Chair Sarnoff Public hearing. Anybody wish to be heard on SR.4? Hearing none, seeing none, coming back to the Commission. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item SR.4. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 5-0. END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READINGS ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/ CITY OF MIAMI PROCUREMENT ORDINANCE", MORE PARTICULARLY BY AMENDING SECTION 18-72 ENTITLED "APPLICATION AND EXCLUSIONS," TO UPDATE OBSOLETE INFORMATION WITH CURRENT INFORMATION AND TO ADD SEVERAL EXCLUSIONS; AND BY AMENDING SECTION 18-73 ENTITLED "DEFINITIONS," TO ADD SEVERAL NEW DEFINED TERMS AND TO UPDATE SEVERAL EXISTING DEFINED TERMS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-00188 Summary Form SR.pdf 13-00188 Local Office Definitions - Municipal Comparisons FR/SR.pdf 13-00188 Legislation (Version 3) SR.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Noes: 1 - Commissioner(s) Suarez Chair Sarnoff FR.1. Kenneth Robertson: Good afternoon, Commissioners. Kenneth Robertson, Purchasing director. FR.1 is an ordinance amending Section 18-72, entitled "Application and Exclusions," to update City ofMiami Page 55 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 obsolete information with current information and to add several exclusions; and by amending Section 18-73 entitled "Definitions," to add several new defined terms and to update several existing defined terms. Most specifically, this is updating the definition of "local office." Chair Sarnoff All right. Let me open a public hearing. Is anybody wishing to be heard on FR.1, FR.1 ? Hearing none, seeing none, coming back to this Commission. Vice Chair Gort: Move it. Chair Sarnoff We have a motion by Commissioner Gort. Commissioner Spence -Jones: Mr. Chairman, I'd like for -- I want to ask you a quick question. I know this is another item that we're making adjustments on. But do have some additional issues and concerns on -- and then I feel like I need a little bit more time, but I would like to hear from my fellow colleagues. I know that one of the main things that we're trying to do in it is, you know, define -- andl know where this came from -- local office. But I'd like to hear your feedback on it, but I would like to digest it a little more, to have it -- I don't mind seconding it now, but -- because it is a first reading -- Vice Chair Gort: It's first reading. Commissioner Spence -Jones: -- okay. But I do want to hear some feedback from my colleagues on this. Commissioner Suarez: Mr. Chair, ifI may. Chair Sarnoff You're recognized, Commissioner Suarez. Commissioner Suarez: First, I want to kind of acknowledge Ken for his hard work on this. This is kind of as a result of I think, the debacle that we had over the attempt to apply a local preference in a contract. And, you know, there was a lot of concern expressed by myself and by others regarding the definition of a local office, et cetera. I have read it. I still have some issues with it. I think he did a great job in terms of a first draft, I have to say. Andl have to commend him not only for that but also for, you know, following through. A lot of times we give directions, we express anxiety over certain things, and we have, you know, certain circumstances and then it falls on deaf ears. It doesn't come back to us. One of the things that Ken has shown time and time again is that he's listening and he will come back and at least attempt to resolve the issues that we have articulated. I'm not going to support it on first reading. I need to talk to him about it. I can -- he may be able to win my support on second reading, but I do need to discuss with him some issues on it. But I have to acknowledge that he did a good job and it was a great first draft, and thank you for listening, Mr. Robertson. Chair Sarnoff All right. Do we have a second by Commissioner Spence --? Commissioner Spence -Jones: Yeah, I'm seconding it - Vice Chair Gort: Yeah. Chair Sarnoff I got you. Commissioner Spence -Jones: -- but I just -- I'm just let -- I'm only seconding it to get it moving. Vice Chair Gort: For first reading. Chair Sarnoff Anyone else wanting to be heard on this? Commissioner Carollo? City ofMiami Page 56 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commissioner Carollo: Thank you, Mr. Chairman. I'll be in support of this only on first reading. I think we need to work on this a little bit more. And by the way, the business that actually -- I guess, the detrimental business in that procurement was actually one in Little Havana, so you know, this is dear to me, but I will be supportive in first reading. I think we still need to get together and really go over all the points. Chair Sarnofff. And Ken, just so you know, from my perspective, I think you hit the ball out of the park on this one. I don't know what more you could do, but I'm more than willing to listen to my other Commissioners, but I really want to say to you, on Section 1, for purposes of this, proposals received, staff shall mean verifiable full-time, on -site employment with a local office for a minimum of 40 hours per calendar week, whether as a duly authorized employee, officer, principal, or owner of the local business. If that's not a local office, then there is no definition that will satisfy this Commission. So I think you hit it out of the park. I like the fact that it's not a one-time glimmer, meaning it's got to be for a 12-month period. I think you really hit that one out of the park so somebody can't say, you know, there's a big, big contract coming up with the City ofMiami. I'm going to open up three months ahead of time, get myself, you know, into a situation where I go into a sublease with someone, act like I'm a local office, andl'll be in, I'll be out, but it's really not my office. So I just want to say, I looked at this carefully. I think you really hit it out of the park, and congratulations. Mr. Robertson: Thank you. Commissioner Spence -Jones: Mr. Chairman. Chair Sarnofff. You're recognized, Commissioner Spence -Jones. Commissioner Spence -Jones: Both of the Commissioners, Suarez and Carollo, mentioned their issues and concerns, but they didn't say what they were. Commissioner Suarez: I can give you one example. Commissioner Spence -Jones: Okay. I just want to hear -- Commissioner Suarez: Andl mentioned it to -- Commissioner Spence -Jones: -- I want to hear what's -- Commissioner Suarez: Yeah. Commissioner Spence -Jones: We can't talk, so I want to hear what's in your head. Commissioner Suarez: 171 give you one example -- and we kind of discussed it the last time before this came up on first -- I think this has been up before us and we've deferred it before, if I'm not mistaken. But I remember kind of having a sidebar conversation with Ken and actually, you know, lauding him for his attempt. Andl think it probably doesn't need too many changes, but one of the things that -- one of the issues I had was -- and it's 18-73, Section 2, under local office, means a business within the City which meets all of the following criteria. It talks about a permanent structure pursuant to a lease, and such lease much be in writing for a term of no less than 12 months; have been in effect for no less than 12 months immediately preceding the date bids or proposals were received, and be available for review and approval by the chief procurement officer for recently executed leases. One of the issues I had was I wanted him to add that we could seek cancelled checks because anybody can produce a lease. Anyone can backdate a lease for 12 months. It's very easy to do. It's just a matter of writing a document. So I would think he would want -- and not only would he want to see the lease, but he'd want to City ofMiami Page 57 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 have the ability to inspect records, like cancelled checks, that would prove that there was actually a tenancy for 12 months. The other thing was there was a little confusion as to if you moved from one location to the other location within the 12 months, but you still met the 12 months in the locality, but you moved from one place to the other. So there was a couple of drafting things that we had -- I kind of mentioned to you. Mr. Robertson: Correct. That second concern is actually in here already. Commissioner Suarez: Oh, you fixed it? Mr. Robertson: Yeah. Commissioner Suarez: Okay. Okay, so it's really more the first concern than the second. So, you know, I would love to work with you on that. And ifI have any other ones going forward, I'll let you know. Thanks. It's not a major thing. Commissioner Spence -Jones: That's fine. Chair Sarnoff You're recognized. Commissioner Carollo: Mr. Chairman. I'm not ready to go into details on -- Commissioner Spence -Jones: Okay, that's fine. Commissioner Carollo: -- you know, but -- Commissioner Spence -Jones: Just wanted to hear so I -- Commissioner Carollo: -- I definitely will meet with Mr. Robertson and -- Commissioner Spence -Jones: Okay, not a problem. Chair Sarnoff All right. So I think we had -- Did we have the motion to defer or we do not, Mr. Hannon? Todd B. Hannon (City Clerk): I'm -- my apologies, Chair. I do not have -- I have a motion and a second for the first reading ordinance. Commissioner Spence -Jones: First reading. Vice Chair Gort: First reading. Chair Sarnoff You're right, first reading. I apologize. All right, so we have a first reading ordinance. Is there anyone else wishing to say anything further on this matter? I think I've closed the public hearing, have I not, Mr. Hannon? Vice Chair Gort: Yes. Mr. Hannon: Yes, sir, you did. Chair Sarnoff All right. So then, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item FR.1. Commissioner Suarez? City ofMiami Page 58 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commissioner Suarez: No, on first. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Mr. Hannon: Vice Chair Gort? Vice Chair Gort: Yes. Mr. Hannon: Chair Sarnoff? Chair Sarnoff Yes. Mr. Hannon: The ordinance passes on first reading, 4-1. FR.2 ORDINANCE 13-00359 First Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Marc 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, David Sarnoff ENTITLED "BUILDINGS" , MORE PARTICULARLY BY CREATING ARTICLE VII ENTITLED "SECURITY SCREENS AND SHUTTERS", SECTIONS 10-111 THROUGH 10-114, WITH RESPECT TO SECURITY SCREENS AND SHUTTER REGULATIONS, WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY BOUNDARIES, THE COCONUT GROVE CENTRAL COMMERCIAL DISTRICT, AND THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT; ADDING NEW TITLES, PROCEDURES, DEFINITIONS, AND CRITERIA; AND REFRESHING TIMELINES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 13-00359 Legislation (Version 3) SR.pdf Motion by Commissioner Spence -Jones, 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, S -- FR.2. FR.2 is the security screens and shutters, and this is the change in District 2, where we would do away with security screens and shutters. What I wanted you all to see are the programs that we have in place. I think it's important to you to know that there is a grant application at the DDA (Downtown Development Authority) for $50, 000. We will remove 100 percent of the shutter, so any removal, we'll pay at 100 percent. If they wish to use impact glass -- andl suspect everybody would want to use that -- we pay 75 percent, but there's a 25 percent match. Equally, if the BID (Business Improvement District), which would also be affected, they equally have a program, and that is essentially a little less beneficial, but it is up to 50-50 in matching grants, so that when you take down the shutter and you put up the window, it will be a 50 percent cost to you. I think this is as good as it's going to get, andl think there comes a point in time when you want your streets to look a certain way. And I'm not saying every street in Miami can look this way, but you start somewhere. And the Grove and downtown City ofMiami Page 59 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 are probably good places to start. There's a grace period. We talked about it last time. We talked about how it operates beyond sooner than the grace period ending if you starting doing some work in the place. I hope you'll support me on this. I think this is the next -- Commissioner Spence -Jones: So moved. Chair Sarnoff Thank you. Commissioner Suarez: Second. Chair Sarnoff We have a motion by Commissioner Spence -Jones, second by Commissioner Suarez. Commissioner Suarez: Mr. Chair, ifI may? Chair Sarnoff FR (First Reading) -- I was going to open up a public -- Commissioner Suarez: No, I just -- okay, go ahead. Chair Sarnoff Let's open up a public hearing. Anybody wishing to be heard on FR.2? Hearing none, seeing none, coming back to this Commission. Commissioner Suarez is recognized for the record. Commissioner Suarez: Thank you, Mr. Chair. I just want to commend you for this. I wonder how much it's going to cost in downtown 'cause that -- I can imagine that's going to be pretty expensive for the DDA. Chair Sarnoff And as Commissioner Carollo would say, why are you holding on to all that money? This is where some of the money can be spent. Commissioner Suarez: Right. Commissioner Carollo: No. I'm sorry, Mr. Chairman. Chair Sarnoff Yes. I'm sorry. Commissioner Carollo: Thank you. No, andl appreciate it because that was one of my concerns the last time, what was going to be the cost, and especially some of these businesses. Out of the blue, you know, now we're passing the ordinance, they may have a cost and, you know, maybe some of these businesses, you know -- yeah, the economy's turned around, but maybe it's still not there. So I think that, realistically, this is the second very good expense that the DDA could take up. So having a program like this is actually very good and it just shows some humanness to -- with regards to actually, you know, passing ordinance that could cost, you know, businesses money. So I appreciate it. I haven't read this fully, but I will be supportive on first reading. Chair Sarnoff And if we get to a point -- so you guys know -- where -- if we need to amend this and put a further date on it -- Commissioner Suarez: I was thinking that, yeah. Chair Sarnoff We'll be practical. Commissioner Suarez: Right. Chair Sarnoff You know, but you have to start -- City ofMiami Page 60 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commissioner Suarez: I understand what you're doing. I understand what you're doing. Commissioner Carollo: And I'll be supportive definitely on first reading, soI appreciate you putting this together and -- Commissioner Suarez: Andl suspect people are going to jump on this, by the way. Commissioner Carollo: Andl will suspect that you've done some type of analysis to see what could be the potential cost, especially to the DDA and so forth. But you don't have to answer now. I will be supportive on first reading, but for second reading, you know -- 'cause I want to make sure that the DDA have sufficient monies, which I'm sure you will, but still, okay? Chair Sarnoff Okay. All right, thank you. So, anyone else? Vice Chair Gort: Well -- Chair Sarnoff Go ahead, Commissioner. Vice Chair Gort: This is something that I think has been discussed in the past quite a bit, and it's also a safety problem. You got -- when you have the windows open, you have your lights on, so you have more lights in the street, and that keeps a lot of individuals, especially criminal element from the area. So it's very helpful in both way. Chair Sarnoff All right. Commissioner Carollo: Do it. Chair Sarnoff All right, so we have -- Didl close the public hearing? ToddB. Hannon (City Clerk): Yes, sir. Chair Sarnoff I did? All right, so Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. The Commission (Collectively): Aye. Mr. Hannon: Roll call on item FR.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 5-0. END OF FIRST READINGS ORDINANCES RESOLUTIONS RE.1 RESOLUTION 12-00735 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Purchasing ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION SELECTION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. City ofMiami Page 61 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 295279, THAT KENT SECURITY SERVICES, INC., IS THE HIGHEST RANKED FIRM FOR THE PROVISION OF SECURITY GUARD SERVICES CITYWIDE; AUTHORIZING THE CITY MANAGER, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, FORA PERIOD OF THREE (3) YEARS, WITH OPTIONS TO RENEW FOR THREE (3) ADDITIONAL (1) YEAR PERIODS SUBJECT TO CITY COMMISSION APPROVAL; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS CITYWIDE, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER, SHOULD NEGOTIATIONS FAIL WITH THE HIGHEST RANKED FIRM, TO NEGOTIATE AND EXECUTE A PSA WITH THE SECOND HIGHEST RANKED FIRM OF SECURITY ALLIANCE, LLC; FURTHER AUTHORIZING THE CITY MANAGER, SHOULD NEGOTIATIONS FAIL WITH THE SECOND HIGHEST RANKED FIRM, TO NEGOTIATE AND EXECUTE A PSA WITH THE THIRD HIGHEST RANKED FIRM OF P.G. SECURITY, INC. D/B/A/ PLATINUM GROUP SECURITY; FURTHER AUTHORIZING THE CITY MANAGER, SHOULD NEGOTIATIONS FAIL WITH THE THIRD HIGHEST RANKED FIRM, TO REJECT ALL PROPOSALS AND ISSUE A NEW RFP SOLICITATION. 12-00735 Summary Form.pdf 12-00735 Memo - Selection of Eval. Committee for RFP.pdf 12-00735 Memo - Recomm. of Eval. Committee for RFP.pdf 12-00735 RFP #295579 - Security Guard Srvcs. Citywide.pdf 12-00735 Legislation.pdf 12-00735 Exhibit 1 SUB.pdf OBSOLETE 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, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0142 Chair Sarnoff. All right, withdrew FR.1, withdrew FR.2, and now we are on RE.1. Kenneth Robertson: Good afternoon, Commissioners. Kenneth Robertson, Purchasing director. RE.1 is a resolution to award a contract to Kent Security Services, pursuant to request for proposals 295279 for security guard services citywide; further authorizing the City Manager to execute a professional services agreement for a term of three years, with three one-year renewal options. This item was deferred for 60 days from the February 14 Commission meeting so that Kent Security could make retroactive living wage restitution payments under current invitation for bid contract 16014. I'm pleased to report that last Friday, April 5, Kent Security made full living wage restitution payments for 170 current and past employees, totaling $259, 847.77, retroactively for more than two years, beginning April 1, 2009 through July 17, 2011. Kent also provided retroactive living wage certifications for the same period. These payments actually exceeded the two-year statute of limitations requirement and that the initial living wage complaint was filed in late April of 2011. Per City Code Section 18-559, Living Wage Compliance and Enforcement, the City has required Kent to pay full wage restitution at its expense for each covered employee. The code contains additional sanctions options that are not required, but are rather permissive, subject to City Commission approval. Specifically, the Commission may impose damages in the sum of $500 for each week for each covered employee City ofMiami Page 62 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 found to have not been paid in accordance with this article. The Commission may suspend or terminate payment under the service contract or terminate the contract, or the Commission may declare the contractor ineligible for future service contracts for three years or until all penalties and restitution have been paid in full, whichever is longer. Please note that all of these optional additional sanctions use the permissive "may" and not "shall. " These additional sanctions are at the discretion of the City Commission. With regard to the responsibility of Kent Security and their current and historical performance of security guard services citywide, Kent's contract file contains 18 positive performance evaluations, 4 of them rated excellent. Kent also submitted nine positive letters of recommendationsfrom City ofMiami representatives that have worked with Kent throughout their current contract term. Additionally, the Purchasing Department has never received a negative performance evaluation for Kent Security. In light of Kent Security bringing their current contract into compliance with the City's prior living wage ordinance and in consideration of their positive performance of security guard services citywide, I recommend for consideration by this Commission that no additional damages be imposed upon Kent Security and that the City closes the April 2011 living wage complaint as having been satisfactorily resolved. I do not believe that Kent Security's prior living wage noncompliance was intentional or completed with malice. Additionally, Kent Security has always performed responsibly and has been absolutely responsive to all of the City's requests for information regarding these prior living wage issues. That being said, I recommend moving forward in approving resolution RE.1 to award new RFP (Request for Proposals) contract 295279 as Kent Security was unanimously ranked number one by all five committee evaluation committee members. Thank you. Chair Sarnoff All right, thank you. Is there a motion? Commissioner Suarez: Mr. Chair, may I? Chair Sarnoff Commissioner Suarez. Commissioner Suarez: Thank you. I have a concern on this particular item because the employees of the security company came to visit with me initially in my office, and l first had a meeting with Ken and brought this to his attention and he did two subsequent investigations that revealed that there were funds outstanding to these employees, which, to Kent's credit, they actually took responsibility for and ultimately paid. But from my perspective, that does create a certain level of discomfort that the City Commissioner had to get involved on behalf of the, you know, employees, you know, to get this resolved. So I don't know how my colleagues feel about it, just putting that out there, you know. I don't know if that's something that creates a crisis of confidence for you all in terms of you know, what we can do. I spoke to Mr. Robertson on this issue, and he told me that we could go to the seconder bidder who's selected on the basis of them not being -- us deeming the number one bidder nonresponsible on the basis of their past performance. And know that there's a representative of SCIU that's here today. I don't know if she wants to speak on that issue, but I've had several conversations with her and they say that they're comfortable with the second responsible company, which would -- I don't know if they could be made to match the first offer or not, but just putting it out there to see how my colleagues feel about it. Chair Sarnoff Commissioner Gort. Vice Chair Gort: Well, we got the recommendation from staff andl thinkl would like to hear from everyone, that this is what's good about the public hearings. Let everybody speak and express their opinions. Chair Sarnoff You want to hear from -- Vice Chair Gort: My understanding is my colleague wants to hear from the other side. At the same time, legally, we got to make sure we can do this and we don't have any problem and we City ofMiami Page 63 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 don't have to go to court. If we have to go to court -- and I'm not a lawyer -- how long it's going to take, what's going to happen? So we got -- we have to analyze all those things. And since I'm not an attorney, I need a professional opinion. Chair Sarnoff. Madam City Attorney, can you satiate Commissioner Gort some? Julie O. Bru (City Attorney): Well, the way that the process is set forth in your procurement code, it seems like once there's a ranking of a firm as the highest ranked firm, you have a duty to negotiate with -- in good faith, to negotiate with them and try to arrive at a contract. The negotiations fail, you can go to the second highest ranked firm. Now, I heard your Purchasing director make some reference as to whether or not the firm that has been ranked number one could be somehow eliminated or disqualified for lack of adequate performance in the past, but that determination has to come from him, whether that's possible or not. I didn't hear that -- I didn't see that in the backup. Vice Chair Gort: That's what I'm referring to. I mean, all the statements that I hear -- I heard here today is he recommends -- five people were selected and it's highly recommend is -- a lot of recommendations. That's why I'm asking the question to the attorneys. Mr. Robertson: IfI may clarify. We don't have performance issues with Kent under their current contract. What we had was a misinterpretation of compliance issues. And really, at the end of the day, it came down to the interpretation of the health benefit. There was a $1.25 differential for employees who had a health benefit and those who didn't. The way the contract was awarded, it only had one contract hourly rate. Kent was operating under those provisions throughout the contract term. It wasn't until later until the living wage complaint was brought up that we even began looking into it to realize that, yes, the higher wage should be paid to those employees who did not have a health benefit. Chair Sarnoff. Let me go to Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. Andl want to thank Mr. Roberson [sic] because he was very diligent from the beginning when we brought this matter to his attention. He followed through on it, investigated it, and found that there was in fact -- that the complaint was -- had a basis. And the company paid the first time. Then there was apparently an additional subsequent complaint that was even longer in time. He investigated it, found that there was also a basis for sustaining that claim, and they, again, paid it as well. My issue is -- the conversation that had with him was regarding whether they were responsible, and he was telling me that this Commission, based on that -- based on those acts, could deem them to be non -responsible. Am I correct in saying that? Mr. Robertson: Correct. The determination would be made under the living wage ordinance, Section 18-559. I'm not making that recommendation because Kent has performed in good faith all of the actions that the City Commission has asked of them from the February 14 meeting. They have made all employees whole with regard to their hourly rate as due to them by the contract. Commissioner Suarez: Okay. I just wanted to see how my colleagues felt on it. Johnny Martinez (City Manager): And once the ambiguity was cleared up that they did need to comply with the living wage component, they did so for two years and two years more. Andl think Ken stated in his opening statement that he felt that it was not done with malice or intention. It was just an ambiguity in what the requirements were. Chair Sarnoff. Commissioner Carollo. City ofMiami Page 64 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commissioner Carollo: Thank you, Mr. Chairman. It's my understanding this contract is for three years with three additional one years [sic]? Mr. Robertson: Correct. Commissioner Carollo: I would like a friendly amendment that after the three years, it comes back to this Commission for any additional years, just to -- Mr. Robertson: Sure. That's perfectly acceptable. Commissioner Carollo: -- make sure that everything is kosher. And by the way, I didn't make the motion, so I don't know if there's a motion on the floor and -- Chair Sarnoff I'm not sure there is a motion. ToddB. Hannon (City Clerk): No, sir. There's no motion on the floor. Vice Chair Gort: Move it. Chair Sarnoff Motion by Commissioner Gort. Commissioner Carollo: Second, with the amendment. Chair Sarnoff Second by Commissioner Carollo, as amended. I'm going to say something very, very, very, very, very revealing, andl usually don't do this. You know, I'm sitting there looking at former Chief Loftus out there, a man who doesn't realize he touched my life at a very important time when I was a very young Commissioner up here, not that I was young, but I was very new at this job. Actually, he wasn't even the chief or wasn't the director ofMiami-Dade Police Department at that time. It was just before he was made there. Andl sat down with Chief Timoney. We had a very revealing conversation, and I've stayed a little bit in touch with him ever since, so I'm extremely enamored with that man. Andl'm enamored with the fact that he is the number two bidder. But I thinkl would be getting to number two at -- by not being fair to number one. Andl'm going to be candid with y'all. When the living wage was passed having read the documents associated with this, Kent must have been like, what do I do? It had to be a confusing space or place for Kent to be in. There -- andl certainly want to find a way to -- for this City to do business not necessarily with number two 'cause I don't know number two, but I happen to know Chief Loftus, andl apologize ifI call you chief and it should be Director Loftus. But I'm certainly sort of enamored with him -- Vice Chair Gort: I thought he looked familiar when I looked at him. Chair Sarnoff Yeah. Vice Chair Gort: Yeah, okay. Chair Sarnoff And -- but getting there, to be quite honest with you, I'm not sure I'd be doing so for the right reasons. I'm not sure I'd be fair to number one to get to number two simply because I'd like to have interaction with a man who I thought was if not the best, one of the best cops I ever met in my life. I had conversations with him on how to deal with crime. I would absolutely relish the idea for the next two years of having those conversations with him again. But I'm not sure I'd be doing it for the right -- I'm not sure I'd be getting there for the right reasons. So, you know, Ken, to be honest with you, I've used --I've relied upon you for a lot of things, and I'm going to rely upon you for your recommendation on this one. Andl want to be fair to Kent Security because I think, even as a lawyer, I was confused, to some degree, with your contract. And that's as revealing as I can be to you guys. So having said that, any further discussion? City ofMiami Page 65 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commissioner Suarez: Yeah. I just want to say that I guess I feel -- you know, I had to deal with it also intimately because the employees came to -- for whatever reason, they came to my office. They -- and you know, you take your constituents as they come, and sometimes they come to your office, you happen to be there, and you're able to see them. Andl, you know, kind of took on their cause andl want to thank the professionalism with which Ken investigated it and worked through it, you know. Andl really, to be honest with you, want to thank the company for actually doing the right thing at the end of the investigation and actually paying the amount. I think that -- you know, that shows that they wanted to do the right thing. I just, you know, was -- just like you were kind of emotionally torn about the whole thing, I kind of felt very emotional because of the fact that I had to deal with the employees and they actually came in and told me their story. And these are employees that are making very little money, and they're subsisting off very, very little bit of money. I mean, this is like, you know, almost minimum -- just, you know, slightly above minimum wage. So, you know, from my perspective, it was just something that if this Commission, you know, was so inclined, that would be something that I just kind of wanted to see since we can't talk about it in any other context, you know. I wanted to put it out there. Chair Sarnoff Andl came up here without my mind made up. Commissioner Suarez: Yeah. Chair Sarnoff Very much so. I came up here without my mind made up. Commissioner Gort. Vice Chair Gort: Let me tell you, the employees came to all of us, and that's why -- one of the reasons they got paid. And that's one of the reasons I requested from you all that we'd like to instruct of internal audit to do the audits on the contracts that we have to make sure they're being conformed with. So I'm requesting of you all to please -- I'm asking the internal audit [sic] to begin audits in all our contracts to make sure we're complying with because I can assure you, there's a lot of money out there that we're not receiving according to the contracts. Commissioner Suarez: Let me just -- ifI can, Mr. Chairman -- ifI could just make a friendly amendment to Commissioner Carollo's friendly amendment, that instead of it being three years, it be two years, and then come back -- Commissioner Carollo: I don't think it can. Commissioner Suarez: You can't do --? Mr. Robertson: That would be considered a substantive change to the procurement terms. Commissioner Suarez: Okay. Commissioner Carollo: Commissioner Suarez, I would have already done that. Commissioner Suarez: Okay. Yeah, I was even thinking one maybe, just to kind of like put them on probation. Commissioner Carollo: No. I would have already done that. However, I've been through this road before and knew that we couldn't -- Commissioner Suarez: I got you. Commissioner Carollo: -- do the -- we couldn't reduce it because that's how the original RFP went out. However, for the additional one years, then, yes, that is the reason that I want it to come back to this Commission. City ofMiami Page 66 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Mr. Robertson: Commissioners, I can also do a full payroll audit before the item comes back for a renewal so that that's part of the package. Vice Chair Gort: Definitely. Chair Sarnoff All right. Anything further? All in favor then, please say "aye. The Commission (Collectively): Aye. Mr. Hannon: As amended. Vice Chair Gort: Okay. Chair Sarnoff As amended. RE.2 RESOLUTION 13-00326 Department of Parks A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH and Recreation ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 2013" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN AN AMOUNT NOT TO EXCEED $500,000, CONSISTING OF A REIMBURSEMENT GRANT FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE THROUGH THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DIVISION OF FOOD, NUTRITION AND WELLNESS, TO THE CITY OF MIAMI'S ("CITY'S") DEPARTMENT OF PARKS AND RECREATION FOR THE SUMMER LUNCH PROGRAM FOR THE PROVISION OF LUNCHES AND SNACKS TO THE PARTICIPANTS OF THE CITY'S 2013 SUMMER PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE A SUMMER FOOD SERVICE PROGRAM AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL OTHER NECESSARY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS AFTER CONSULTATION WITH THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANT AWARD FOR THE PERIOD COMMENCING JUNE 10, 2013 THROUGH AUGUST 9, 2013. 13-00326 Summary Form.pdf 13-00326 City of Miami 2013 Summer Meals Prgm.pdf 13-00326 SFSP Sponsor Pre-Operational.pdf 13-00326 Pre -Award Nondiscrimination Compliance Review Form.pdf 13-00326 User Authorization Form.pdf 13-00326 Letters - City of Miami.pdf 13-00326 Following Sites Participating - 2013 Summer Food Prgm.pdf 13-00326 Legislation.pdf 13-00326 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0143 City ofMiami Page 67 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 RE.3 12-01307 Department of Planning and Zoning Chair Sarnoff All right, RE.2. Juan Pascual: Good afternoon, Commissioners. RE.2 -- Juan Pascual, representing the Parks & Recreation Department, director. RE.2 is to establish a special revenue project fund for our summer lunch and snack program. It is a reimbursement grant from the United States Department of Agriculture -- Vice Chair Gort: Move it. Mr. Pascual: -- through the State of Florida. Chair Sarnoff Motion by Commissioner Gort. Commissioner Suarez: Second. Commissioner Carollo: Second. Chair Sarnoff Second by Commissioner Carollo and Commissioner Suarez simultaneously. Commissioner Carollo: Discussion. Chair Sarnoff Discussion. Commissioner Carollo's recognized for the record. Commissioner Carollo: Thank you. I just want to commend Director Pascual on this. By the way, when -- the first time that this came to us, I -- and this was three and a half years ago -- in this particular one, either one or no parks were included in District 3 in the snack program. So I think you've listened to my cries and we've made great strides. So I just want to thank you for making great strides and making sure that District 3 has at least additional amount of children [sic] being served with snacks. So thank you. Mr. Pascual: Thank you. Chair Sarnoff And can you next time consider feeding the kids in District 2 that you gave to district --? No, I'm kidding. All right, we have a motion and a second. Any further discussion? Hearing no -- all in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH 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. City ofMiami Page 68 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 RE.4 13-00411 12-01307 Summary Form.pdf 12-01307Award Recommendation Form.pdf 12-01307 MartizaAlvarez, 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 Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Noes: 1 - Commissioner(s) Carollo Absent: 1 - Commissioner(s) Spence -Jones R-13-0144 Chair Sarnoff RE (Resolution) -- Is RE.3 still on? Commissioner Carollo: Special master. Chair Sarnoff Yes, it is, okay. Francisco Garcia: Good afternoon. Francisco Garcia, Planning and Zoning director. RE.3 is a resolution before you to appoint two prequaled attorneys for the position of special master as part of the City of Miami's code compliance program. Commissioner Suarez: Move it. Mr. Garcia: (UNINTET,TIGIBT,F). Chair Sarnoff We have a motion by Commissioner Suarez. Vice Chair Gort: Second. Chair Sarnoff Second by Commissioner Gort. Any discussion? Hearing none, all in favor, please say "aye." Commissioner Suarez: Aye. Vice Chair Gort: Aye. Commissioner Carollo: No. Mr. Garcia: I did want to, Commissioners, place into the record, just because it -- I think it suits us well to do so, that we are looking for additional candidates to staff possibly additional positions, so we will be accepting additional applications as submitted. Thank you. RESOLUTION District2- A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY Commissioner Marc ATTORNEY TO SEEK MODIFICATION OF THE SETTLEMENT AGREEMENT David Sarnoff ENTERED INTO IN THE CASE OF MICHAEL POTTINGER, ET AL. VS. CITY OF MIAMI, IN THE UNITED STATES DISTRICT COURT, SOUTHERN City ofMiami Page 69 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 DISTRICT OF FLORIDA, CASE NO.: 88-2406-CIV-MORENO; AUTHORIZING THE EXPENDITURE OF ATTORNEYS FEES AND COSTS, IN THE AMOUNT OF $75,000, FOR THE ENGAGEMENT OF THOMAS SCOTT, ESQ., OF THE LAW FIRM OF COLE, SCOTT & KISSANE, FOR REPRESENTATION OF THE CITY OF MIAMI (ALONG WITH THE CITY ATTORNEY), IN THE MODIFICATION PROCEEDINGS HEREIN SPECIFIED, WITH SAID FUNDS ALLOCATED BY THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA"), SUBJECT TO DDA APPROVAL. 13-00411 Legislation.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0135 Chair Sarnoff All right, we have a time certain, RE.4. It is a resolution of the City ofMiami Commission directing the City Attorney to seek a modification of the agreement entered into in the case of Michael Pottinger, et al., versus the City ofMiami, United States District Court, Southern District of Florida, case number 88-2407 [sic], civil, Moreno. This particular item is here today -- and I've invited a number of people to speak to us -- but we're here seeking simple Commission approval to seek certain changes to the Pottinger settlement. We're not here to seek Commission approval to commence anything other than the discussion and seek support, interaction, and conversation with the court and interested stakeholders, and not to finalize anything but begin the process. And as everyone knows, things have changed in Miami. For instance, 2003, the population of downtown was 39,000 people. Today it surpasses 77,000 full-time residents. The daytime population swells to over 200,000 visitors for work, school, business, and tourism. We have now in Miami in excess of 6,000 hotel rooms. Our major institutions include Miami -Dade College -- and we have Dr. Montoya in the audience, and he'll speak -- FIU (Florida International University), the Arsht Center, Miami -Dade Public Schools and the School Board, the Museum of Science, museum -- the Perez Museum of Art, four state courthouses, four federal courthouses. Things have indeed changed in downtown, and yet, we have had almost the exact same 351 homeless persons, which account for 40 percent of the homeless in Dade County, and we account for an excess of 65 percent of the homeless in the City ofMiami. But as each Commissioner knows, homelessness is not restricted to downtown. And as you felt the change in recent years, your districts -- this problem has spread throughout your neighborhoods, andl stress your neighborhoods. So who I've invited to speak today is Tom Scott, who actually represented this City in the original Pottinger settlement; Warren Bittner, who also represented the City ofMiami at the time with regards to Pottinger and he '11 help us understand the process; Officer Bernat, from the City ofMiami Police Department, will show us a photo display of the impacts of homelessness. Manny Morales will discuss sexual predators and how they've been able to be afforded protection under Pottinger. Dr. Montoya, the provost -- and ifI got that wrong, doctor, I apologize -- ofMiami Dade College, and provide his in depth study, analysis that he did for the DDA (Downtown Development Authority) and how this affects his more than 20,000 students in downtown Miami. And Jay Solowsky will address the issue that now plagues the City, which we describe as chronic homelessness. Without further ado, I'd like to invite up to speak to us attorney Tom Scott. Tom Scott: Thank you. May it please the Commission. My name is Tom Scott, and I'm appearing on behalf of the DDA in seeking to represent the City ofMiami on behalf of the resolution that Commissioner Sarnoff has brought to your attention. I would just like to be very brief and I'm speaking as the introductory speaker because it has -- I was originally involved in this litigation when it began in 1988, and it went on for 10 years until 1998. In fact, the last two years, between '96 and '98, I was the attorney, along with Warren Bittner, who actually City ofMiami Page 70 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 negotiated the consent decree which was entered by and approved in 1998 by Judge Moreno. So I have a long history both before, during, and now as to this litigation. For the past 15 years, since 1998 to the year 2013, there have been absolutely no complaints by any groups concerning the way that the police have done it, but as the Commissioner has indicated to you, Commissioner Sarnoff, and as you'll hear from the various people, there have been changes in the City, there have been changes in the infrastructure and the services provided to the homeless. There have been changes in the nature of the homeless and the chronic homeless issue that, at this point in time, 25 years after the original litigation and 15 years after the settlement, we think requires us entering into negotiations to try to make adjustments to the consent decree. I want to say this unequivocally. I opposed, from day one, the idea of actually moving to terminate it. I don't think that's helpful. But I do think it needs to be tweaked in ways you'll hear about over the next 30 minutes to an hour in order to deal with the chronic homeless. I would also tell you that over the past year I came into this, we have spent a year interviewing every type of group in the community to seek out their viewpoint to assist us in bringing to you the things that we thought are the most important issues to change in this consent decree. As Commissioner Sarnoff indicated, we have spoken to the police department. We've speakin [sic] to the chief. We've spoken to officers who were involved with the homeless and, in particular, with Officer Bernat and Officer Morales, who you'll hear from today. You deal with it. We have spoken with academics. We have spoken with -- such as Professor Montoya, who you'll be hearing from today. We have spoken with business people who have been impacted in businesses and gotten their input from it. We have spoken to the health care providers, for example, the Camillus House, Mr. Ahr. I've spoken to Mr. Dickenson and we have tried to round out this presentation to make sure that it just didn't listen to one group or another. We just didn't go to the police. We just didn't do this. We didn't do that. We heard the entire community. And based upon the entire community's input to us, we have come up with four or five issues that we believe that we should seek a modification of this decree. As Commissioner Sarnoff indicated to you, it would be our intention to, if you pass this resolution, go forward and, as the decree requires, to meet with the ACLU (Americans Civil Liberties Union) to try to work out the changes, to things of that nature, okay. We would also necessarily need maybe file the motion in order to do that. We would not seek any type of judicial relief until every process had been explored to try to resolve this in an amicable manner, and we would report back to you that before any actual legal action would be required. So I'm going to turn this now over to the people that the Commissioner indicated. You'll be hearing from Officer Bernat, who deals with this homeless issue day in and day out, with Professor Montoya, the provost from Miami Dade, and finally, from Officer Morales, and then you'll be hearing from the lawyers who will tell you the exact relief that we're requesting and why that relief is appropriate under these circumstances to accomplish what we want here, which is to help the chronic homeless that we're down to at this point. I want to make this comment. When this case was certified, there were 6,000 chronic homeless on the streets. We have now got it down to about 500 in the City and 350 in the downtown area. But this group requires special action and that's the action that we're seeking to try to assist, and everybody has told us what the best way to get that done is, and that's what we're requesting here today. So with that -- without any further ado, I'll turn it over to the witnesses to speak. Chair Sarnofff. Officer Bernat. Officer Bernat: My name is Officer Bernat, neighborhood resource officer, downtown Miami. I'd like to thank the Commissioners, chief Commander Ferro, my commander, and the majors for allowing me the privilege to speak to you today on the public safety concerns and health issues that law enforcement and outreach run into on a daily basis and how the chronic homeless utilizes some of the provisions of the Pottinger and hide behind some of those provisions and inhibits our efforts to assist them to get into shelter or to be able to do some criminal activity. So I have some slides up. If IT (Information Technology) could -- so you could see the slides. The first slide here that I'm showing is, as you see, there's a tent and it's in the middle of the sidewalk. This is very close to the Triple A area. There's several concerns here. Under Pottinger right now, this particular tent is a protected provision. The chronic homeless are constantly refusing City ofMiami Page 71 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 shelter. So when shelter does not become available and we come upon this, we're unable to take any action, and this is a safety issue to the public is because the pedestrians going to the Triple A are unable to walk and they were forced into the street into vehicle traffic. It's also an issue for the police because in coming upon this, we don't know what we have inside. We don't know the contents and what's inside. Just like an undisclosed package; we don't know if there's explosives, weapons, or how many individuals are in there. So it is a safety concern that we run into, and we cannot deal with that if -- under the current provisions of the Pottinger. Second picture here showing is the homeless lay anywhere. This particular individual is sleeping, and as you see, he's halfway into the street. It's a life safety issue for himself and for any vehicle that may run over him. And we would ask him to move, but if he decides to lay back again and it is a protected provision, if there's no resources available -- and this individual might refuse in the morning and we come upon him again in the afternoon and there's no resources, we cannot deal with that, and it's a revolving door. It's a constant issue. The next picture shows on the sidewalk is the debris and the litter, the unsanitary conditions that are left and we commonly come across. And there's a issue with safety slip and fall for the pedestrians that walk through and down the sidewalk that we get on a daily basis. The next pictures are items that homeless like to store in the trees and these trees are commonly over hanged over the sidewalks, and items in there have a potential falling on unexpected patrons that walk through the sidewalk, and it is a safety issue. Next picture is another tent. This is not too far from the Triple A again. This is an enclosed tent. We -- there's no one inside there. We don't know what's in there when we approach it, and it's a safety issue for law enforcement, for outreach. And if it seems like it belongs to a homeless person and it's abandoned, it's a protected item under the provisions of your Pottinger. This is the remains of human feces fresh that we come across on a daily basis. Besides being unsightly and smelly, it attracts rodents, diseases, typhoid, and this is a health issue that we're constantly engaging, and this is really close to the street. And besides us, the police, viewing this, this is in plain view of the public. Next picture is more additional litter and trash that we come across. It's a health issue. It attracts rodents. The food is spoiled and it's also a slip and fall concern. This is additional litter that -- this is probably a block or so from the Triple A showing the amount of debris that, until it's picked up, the patrons, residents, employees of the area have to walk through, and it's a possible safety issue. This is a couple that -- as you see in the right corner, there's a rodent. This rodent lived inside the contents of the homeless couple's belongings, and when it was moved, this possum ran out and carries diseases. There was foul -- there was old food in there. It was unsanitary. And this is a constant issue. When we go out in the field we see rodents and rats on a regular basis, which carry many diseases. This particular picture is actually on an intersection of Northeast 1st Avenue and 7th Street. This is a female who decided to disrobe her clothes and decided to bathe. Under the current Pottinger right now, this is a protected necessary life function. If there is no resources -- and this particular lady has been offered shelter hundreds of times. I even found her a provision through Citrus program to get into a house, in her own apartment, which she walked out of and she'd rather live in the street. And if there's no resource upon viewing this, there's nothing that we could do. And there's vehicle traffic and pedestrian traffic in plain view of this. Next picture is an individual. This is actually one block from Biscayne Boulevard. This individual's close to the road. He decided to sleep with his male genitalia exposed, and this is also an issue, is because how do we supposed to address this when he refused shelter earlier in the day or the day before and today there 's no shelter and he decided to lay down and expose himself. The next picture is female who, the left corner, she just finished squatting and dropping her drawers in plain view on the side of the road and decided to do her life necessary function. Next picture is residue on toilet paper, which is, like the feces, a health concern. It attracts rats and diseases, and we constantly come in -- engaged in this type. And you know, in any other environment, you would have to wear HazMat (Hazardous Material) gloves, and the public unknowingly walks through this or walks by this and this should not occur in the City ofMiami. Next picture is someone decided to urinate in a bag, place it above a tree, and let the urine drip on the sidewalk. An unexpected homeless -- I mean, unexpected patrons to walk under that and possibly get some urine dripping on them, which is, in itself, is a health issue and is a problem that we have. This is an additional picture of human feces. There's flies on it. Like earlier pictures, these attract diseases and rodents and a City ofMiami Page 72 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 lot of health issues. The next picture is a picture one block from the Triple A. This is right before an event at the Triple A. And as you see that the public that have parked to go to the events are -- just walked into the street and had to walk around the homeless that are obstructing the sidewalk. Well, the vast majority of these homeless right there have been offered shelter and they have refused in the past. If there's no resources at the time of this event, there's nothing that could be done to move these homeless and they could stay there, forcing the patrons and their children and families to walk in the street, and it becomes a safety issue for the vehicle traffic and for the pedestrian traffic. The next picture is a female who decides partly obstructing the sidewalk, is urinating at the same time, and we had the same concerns as the previous pictures. Next pictures, these are tents that we're constantly finding that are obstructing the sidewalks and some of them are occupied, some are not occupied. And there's currently nothing that we could do about these tents. In the City ofMiami ordinance, there's no ordinance that deals with tents itself, and it is a obstruction in itself. It's protected. If there's no shelter, there's nothing we do about these tents, and it becomes a safety issue and a concern with the police and forces the patrons to walk into the street. The next picture shows several individuals lined up sleeping on the sidewalk. Same concern: Where is the pedestrian supposed to walk? How are they supposed to get through? How's supposed to go from Biscayne Boulevard to their home or to their work or to the parking lot without walking in the street and endangering their lives? The next picture, this is right before a Heat event. This individual is laying down. He was actually -- there was actually shelter that day. We offered shelter. He did move. But prior to me getting there, the problem is is that anyone going to the game or to the event at the Triple A is forced to walk into the street. And you notice that most of these picture -- and it's very common for them to lay in a way that obstructs the whole sidewalk. They don't lay the other direction or at least partially obstructing the sidewalk to give anyone free passage without endangering themselves or walking into the street. The next is -- these pictures are from Bicentennial Park, before the construction of the museum. It wouldn't be uncommon to find fires there, them cooking. Fires in the park is a -- protected under the Pottinger. If there's no shelter and we came across this, they're allowed to cook and have fires. And as you know, that is a safety issue 'cause we only needed some ember to get loose, catch on a tree or a building, and then we have a massive fire and a major incident in the City of Miami. This is additional pictures from some cooking area, that fires were done on top. This is -- actually, currently in the Pottinger temporary structures in the park is protected under the Pottinger, so in any park in the City ofMiami, if there's tents and there's no resources at the time because these same individuals -- because 95, 98 percent of the individuals I come across are individuals, as mentioned earlier, are the chronic homeless. They repeatedly refuse shelter. Resources are here right now and they might run out because there's limited demand, and these same individuals hide behind Pottinger and these events and do these things and they know they could get away with it is because they know if they're not offered shelter, they could stay in the tent, they could block the street and cause these safety and health concerns. This is showing some of the debris that's left over. Besides possibly a slip and fall, many of these card boards get blown into the street and causes trouble with traffic. This is an unknown substance that came across a few months ago, foul smelling. I had no idea what it was. It was on the sidewalk andl have no idea what it was, but I took a picture of it andl made it part of the presentation, showing you that, and this is a health concern because it possibly had diseases in there, and I have idea what it was. This is a -- right off of North Miami Avenue, right off the street. It's full of feces and urine, very foul smelling. There's residences right around there, and that's a constant area that they don't use any discretion at all and do their life -sustaining functions right in plain view, and that is a protected provision currently under Pottinger. The next picture is right off of North Miami Avenue and 6th Street. The homeless constantly leave their items. Some come back for it. Some will leave it for hours, days. Some never come back for it. Under the -- currently under Pottinger right now, if an item looks like it belongs to a homeless person -- in a luggage, as you see -- we're not allowed to touch it. This becomes an issue because many times we -- first place, it's a concealed package. We don't know if it's a bomb. We don't know what's inside. So it's a safe -- it's a safety concern there. Secondly, it's blocking the sidewalk and forces any patrons to walk around or walk into the street, and this is a common occurrence in any sidewalk in the City ofMiami. This next picture is back in February. City ofMiami Page 73 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 This is a Heat event, and you could see a family walking around a homeless person who -- look at the direction he is laying. And this particular individual is constantly, constantly offered shelter. But if there's no shelter at that moment, he's allowed to lay there and he is allowed to force families into the street, into traffic, and it's an incident ready to happen. And that's -- concludes the photos. Do you have any questions? Chair Sarnofff. Thank you, Officer Bernat. Thank you. Officer Bernat: Thank you. Chair Sarnofff. Can I have Officer Morales. Vice Chair Gort: You sure you didn't take him in my neighborhood? Chair Sarnofff. You're recognized for the record. Manuel Morales: Good morning, Commissioners. My name is Commander Manuel Morales, of the Upper Easside NET (Neighborhood Enhancement Team). That's an area that you don't usually think of when you're discussing challenges being faced by homeless and the police dealing with them. But in the latter part of 2011, we became aware of a unique situation that faced some serious challenges to law enforcement and to the way that we provide public safety in our area, particularly in the area of Shore Crest. We became aware that the Department of Corrections was releasing sex offenders, convicted sex offenders, that by the very nature of the residency restrictions, which we discussed here before the Commission back in March of last year, that were being made homeless. Now the difficulty that we face with that is that even though they are sex offenders and homeless, they are afforded the protection under Pottinger from our provisions that enable us to not enforce certain violations in lieu of shelter. The problem comes in when those individuals do not qualify for any other shel -- for any other services that those provisions allow for. They're not allowed in the shelter. So we are powerless to address those individuals. And know that Officer Bernat showed some pretty graphic and shocking pictures up there. I just want you to think about that. Downtown is merely commercial, somewhat industrial. It's becoming a lot more residential now. But the issue that I'm talking about, it's in northeast, just south of 79th Street, along Northeast 10 Avenue, which is a heavily populated area. So just picture those scenarios that were given by Officer Bernat, and think how shocking it is as residents are walking by, their children going to school, and the impact that it had on our community. So what we're here to seek is to have the ability, to have the leeway to attempt to modnj, the Pottinger to exclude sex offenders, being that the protection is given, but they're not eligible for the services that Pottinger provides. Chair Sarnofff. Thank you. Appreciate that. Mr. Morales: Thank you. Chair Sarnofff. Dr. Montoya. Rolando Montoya: Good morning, Mr. Chairman, distinguished Commissioners. Thank you for the opportunity to be here. Last year I was commissioned by the board ofDDA to chair at a task force on homelessness in Miami, and our committee was formed from representatives from business and industry in downtown Miami from academic institutions, from the police department, and other community leaders. And we together collected information. We listen to the representatives from the different organizations taking care of the homeless or providing solutions to the situation, and we arrive to some conclusions and offer several recommendations. One of them is the need to review the Pottinger settlement and determine clearly what changes are needed or at least to provide clarification or the appropriate interpretation for what is included in there. It is pretty frustrating to see different opinions about how you are to act based City ofMiami Page 74 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 on that settlement. You heard from the police right now how they feel, that they are limited in their actions. Then you talk to other parties who are totally say that they could act further than what they are acting. Then that's where we believe that we need to reinterpretation, clarification, and possibly modification of that. I can tell you that the situation continues being very serious. Those pictures in there actually are incomplete. I have seen worse. I have situations of parents who come to the college with their children to evaluate the possibility of registering them in downtown, and after I [sic] see some of the characters that are walking around, they decide that it is better to look for another educational institution. And when I bring potential officers for different ranking administrative positions at the college for final interviews, I'm always worried about what will happen with the wives who sometimes accompany them and remain at the hotel, if they decide to turn on the wrong corner in downtown Miami when they are walking -- waiting for the husband to finish with all the interviews. Lately, what do is I have somebody from one of the other campuses in Miami to pick them up and take them to Coral Gables or to Doral or Kendall because I'm really scared about what they could observe in downtown Miami. Just two weeks ago, when I was arriving to the campus, 2ndAvenue and 5th Street, there was a homeless naked on the corner where the Parking Authority garage is located masturbating himself in the middle of the street. And there are many who are waiting very early in the morning for the college to open the doors to come and use the facilities. And the fact is that the custodians who clean at night need to be ready very early in the morning to clean again because before the students arrive, the restrooms are already dirty and, you know, all sort of behaviors that don't want to describe in detail here. If you see 5th Street -- that's the street that conduces to the port ofMiami, where the Citadel is located, the Central Baptist Church, the old Central Baptist Church, on the overhang, very early in the morning you see lots of homeless sleeping on the sidewalks every single day. Andl know this because I arrive very early. Before 7 a.m., I'm at campus andl can see. It's still night andl can see what is happening around. And we want solutions to make downtown Miami attractive for business, for students, for tourists. And it seems that this particular settlement has become a difficulty in terms of putting order or acting, and then we would like to have the opportunity to allow the courts to ventilate this and have a correct interpretation of what it means. Thank you so much. Chair Sarnoff. Dr. Montoya, I made a statement. I just was curious. How many students do you have downtown? Dr. Montoya: Yes. Approximately 20,000, as you said. Chair Sarnoff. Thank you. And now Jay Solowsky. Is Warren here? I didn't see him. Unidentified Speaker: He's right there. Vice Chair Gort: He's right there. Chair Sarnoff. Oh, there you are. I'm sorry, Warren. No wonder; I was looking for you in the audience. I'm sorry. Warren Bittner. Warren Bittner (Deputy City Attorney): I want to address what the standard is for you to mod05) the settlement agreement. This is a -- although it's termed a settlement agreement, it is a judicially supervised consent decree. Under the law, we have the burden, if we wish to mod it, to show a substantial change of circumstances. We believe that we have the evidence to show that. And through the testimony that you've just heard, et cetera, that's the evidence that we would have to bring to do that. Chair Sarnoff. All right. And now Jay Solowsky and then we'll finish up with Tom Scott. Jay Solowsky: Good morning. My name is Jay Solowsky. I reside at 2127 Brickell Avenue. I live, work, and play in Miami, andl am pro bono counsel to the Downtown Development City ofMiami Page 75 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Authority. We have been studying this issue for more than two years. The single most significant issue that we are facing in downtown right now are issues dealing with the homeless. And while what we are seeking today is merely a resolution to permit us to start the process moving to seek to modifi, Pottinger, it is only one element of a much larger program that we need to engage in administratively, legislatively, as well as judicially. And so today we have an issue where we are dealing with approximately 350 what I would say are chronically homeless. Dr. Ahr will tell you that his definition of chronic homelessness is a person who has been on the street for more than one year. For purposes of the Pottinger case, we are seeking to define a chronic homeless person as an individual -- and you heard Officer Bernat talk about people who are offered services and refuse them or who come into the system, take a bed for the night that might be used by someone who wants to engage in a continuum of care, who leaves the next day. We would like to define chronic homeless as an individual who is one who refuses service on three separate occasions within 180 days. That doesn't mean multiple refusals in one day. That doesn't -- but three times. I have ridden around with several police officers and with the Commission, and what's very interesting is that the homeless that you see now, many of the police officers know them by name. They know who they are because they are there every day. They know Pottinger. They know what the police can and cannot do. In order to assist the homeless -- and this is an issue where we are balancing interests, interests of those who live, work, and play in downtown, in our Central Business District in Brickell, interests of those who are tourists who come and visit us, and interests of the homeless themselves, many of whom have substance abuse issues or mental health issues. You know, the prophet Isaiah teaches us that is it our obligation to provide shelter for the homeless. It is our obligation to provide clothing for the naked. It is our obligation to treat others as we would treat ourselves and our families. If -- and many of us are parents, and we know that sometimes our children don't act in their own best interest. If our children have issues and some of them may have substance abuse or mental health issues, sometimes they're not the best judge of what is good for themselves. A homeless person who refuses treatment or who refuses to go into shelter is not necessarily in a condition to make the best decision for themselves. They need to be offered services, but if they refuse those services over time, we need to be able to deal with the situation in a different manner. What we need to be able to do is -- let's say, for example, a homeless person engaging in what now is defined as life -sustaining activity, who defecates in the street as the children are walking into the circus at the Triple A today, is something we can't deal with. It's not right. But how do we deal with that homeless person? What do we do? Right now Judge Leifman has set up in the courts -- and some of these homeless individual will end up in the courts. There is a pretrial diversion program that Judge Lean has helped to establish where they get mental health treatment, where they are permitted to divert from the jail system into the mental health system, where maybe those who are not properly medicated, who are bipolar can get their medicine, who are those who have substance abuse issues can be detoxified, where they can come out where they are not addicted. These are important issues. These are issues we need to deal with. These are issues that those of us who are downtown see on a daily basis. We had -- a few years ago in 2009, the census indicated we had approximately 192 people homeless in the downtown, in the central district -- business district in Brickell area. Today that number has risen to 350. That is an alarming increase, in part, I think, not only due to the weather we have in South Florida, but due to the fact that we have now 70,000 people who live in downtown in the Central Business District in Brickell area, 200,000 who come to work, 20,000 are students at Miami Dade. They are a magnet. When someone goes into the system and they come out from wherever they are in the County, where do they come out? They come out by the courts, by the jail. Someone goes into Jackson, they come out. Where do they come out? Right there. So what we are seeking today is the ability only to go into court and ask a judge, after having consulted with the ACLU, to modifi, Pottinger so that our hands are not as tied, so that we can incentivize and attempt to provide some protection and treatment for the homeless who refuse it. And Camillus House today, for example, you not only have shelter beds, but you have the ability to develop job skills, the ability to help and get qualifiedfor Social Security and disability, the ability to have medical treatment, none of which a homeless person who refuses treatment on the street can take advantage of. We need to be able to try and incentivize people to get into this continuum of care City ofMiami Page 76 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 to help break the cycle. The businesses in downtown complain about this on a daily basis, on what they confront. This is our economic engine. These are the people who pay the taxes in the City. We're going to be at 80,000 people, residents downtown. If you look around downtown now and you see the number of cranes that are coming up and you see the CityCenter project, it is not only in downtown; you see it now all around the City ofMiami. This is an urgent problem. We have engaged in a slow and deliberative process. This is the result of two years history. I ask you for one thing to consider as you consider this resolution and vote on it. I ask for your unity. I ask for a unanimous vote today so that we can go in; when we go in and seek resolution, that we can represent that our Commission was unanimously behind this resolution to permit us to come in, attempt to reopen and negotiate the terms and conditions upon which we have been living from a case filed in 1988 that still visits us today in the year 2013. Thank you. Chair Sarnoff Thank you. Mr. Scott. Tom Scott: I'd just like to stop where I started, which is I've learned that from the Army. The one thing they ever taught me was say what you're going to say, say it, and then summarize it. We're here after almost two years. You've heard a little bit from all aspects of the community. It's a synopsis of what I've heard from two years of investigation. You know what the limited issue we are seeking is. It's to help these people. We're seeking it in a limited passion of five or six areas. We're going to try to work it out if we can. And if we can't, we'll be back to talk to you and then seek judicial relief if we need to. All aspects of the community ask this, and l join in Jay in asking for your unanimous approval in trying to do what I believe is necessary for the community. Thank you. Chair Sarnoff Thank you. Is there a motion? Vice Chair Gort: I'll make a motion, yes. Commissioner Spence -Jones: Second for discussion. Vice Chair Gort: Discussion. Chair Sarnoff There's a motion -- Commissioner Spence -Jones: Well -- Chair Sarnoff -- by Commissioner Gort, second -- Commissioner Spence -Jones: -- I do have a major discussion on it so -- Chair Sarnoff It's okay. -- by Commissioner Spence -Jones. Commissioner Spence -Jones is recognized for the record. Commissioner Spence -Jones: Okay. Let me first say this before we even get started. I know that we had requested through the Chair's office that we not vote on this item today, so let me remove my second only because I requested to not vote on the item today because I really need a little bit more clarity on it. And to my understanding, it was communicated that you just wanted to make sure that the presentation was taking place because there were a lot of people coming out today. So I just want to be clear on that and put that on the record. It's not that I don't support it happening. I do support it happening. As a matter of fact, I support it wholeheartedly happening because the district I'm in -- even though I know you're focused on downtown, the districts that are really affected by it is your district and my direct because everybody that's in downtown that's homeless, they come to party in Overtown by drinking and drugging. So I'm getting it just as much as you are. But I just had a little -- a few little questions because I'm looking at the reports. First of all, let me also commend Jay real fast. Jay, let me commend you City ofMiami Page 77 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 because you have really taken on this issue when nobody else wanted to touch it, andl know you've been a soldier on the battle field making sure that all of these agencies, organizations, Ron Book, ACLU. You did all of the things that were necessary so that we did not have a problem with everybody coming together. Now everybody may not agree, and some people have communicated that they may not agree with some parts of it but they do agree with something has to change. So I wanted to at least officially put that on the record. But I'm -- I still need a little bit more time. And we can probably -- I don't have a problem with it moving over to the next agenda, you know. By that time I will be able to digest it. I mean, I'm sure my fellow colleagues understand that I've had a very busy week this week so I haven't really had a lot of time -- Yeah, I had a very busy week this week. So -- and I'm sure you understand that, Mr. Chairman, like -- you know, you asked earlier to have a little bit more time, you know, to deal with on the other issue. I just need a little bit more time to really digest it. When I look at this report -- and I'm going -- I don't know if this is from the homeless -- is this from our Homeless Assistance program? Vice Chair Gort: That's our program. Commissioner Spence -Jones: Right. Vice Chair Gort: (UNINTET,TIGIBT,F) Commissioner Spence -Jones: Are they here? Oh, Haydee. Okay. I know that the study was more centered around downtown, correct, Jay? Mr. Solowsky: Yes. Commissioner Spence -Jones: Okay. But it does -- in this particular homelessness report, it deals with homelessness throughout the City, andl just wanted to understand -- Haydee, have you seen -- I'm sure you've seen this. Haydee Wheeler (Director, Neighborhood Enhancement Team): Yes. Commissioner Spence -Jones: You have a copy of it? Ms. Wheeler: Yes. Commissioner Spence -Jones: Okay. So I didn't understand -- it shows that there's like 351, in the last report, of homeless people in down -- in the downtown area, but only 16 in Overtown? Ms. Wheeler: Correct. And that was the last census, andl believe that -- Commissioner Spence -Jones: Where --? Ms. Wheeler: You were part of that census, weren't you? And don't forget that this -- Commissioner Spence -Jones: Sixteen homeless people in Overtown, I -- Ms. Wheeler: This is a census done at night, early morning hours, people that are out on the sidewalk, so this is the number that we got. Commissioner Spence -Jones: Yeah. I'm just -- I'm a little concerned about these. I think the numbers are a lot higher than what we have in this report. Vice Chair Gort: I can assure you they are. City ofMiami Page 78 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commissioner Spence -Jones: Much higher. And so, you know, I do have -- I just want to have clarity on what was actually presented on -- from the City ofMiami homeless program. I think that the problem is, to me personally, beyond downtown. And know the lawsuit Mr. Scott will be representing us on hopefully, you know, I mean, it's going to affect the whole entire City and not just two areas, even though we only spoke about downtown today. I just want to make sure that we're clear that a lot of areas will be affected or impacted by whatever we do. I have a few other questions really fast. I don't know if Jay or Tom or somebody's going to answer them. Could somebody come to the mike and answer it? Mr. Bernat: Yes. Commissioner Spence -Jones: All right. Mr. Bernat: I think it's going to require both of us. Commissioner Spence -Jones: Okay. What has significantly changed since the court ruled in Pottinger that would justin, the modification? And this is a question I know my chief of staff went over, but I think it's important for it to kind of officially put it on the record. I know you went through some of the things, but I just want to be very clear on it. And then, as you're looking for that, I want -- I just wanted to add -- and this is just as we come back on this issue -- I think one of the biggest problems we have is the fact that there are no beds -- available beds in the City ofMiami. So when we're talking about picking up homeless people -- I know from the Camillus House, I mean, they've been very clear that they have no emergency housing available. So my question is when we pick people up from the streets and if they -- they don't have a place to go in an emergency shelter, really kind of what is our plan? You know, I know the City has an emergency shelter program, which is great, but it's still not enough beds to address the issue. And then there are some people that just don't want to be in a bed, and we know that. So I guess my concern is two part: One, you know, this is something we've been talking about for a while and that is trying to take some of these abandoned buildings that we have -- I know I got a million and one in my district -- that could be rehabbed with our CDBG dollars to at least create our own emergency shelter situation. Because what don't want to have is I don't want to have a situation where we're rounding up people, for whatever reason, okay, and you know -- Jay and Tom, may have the best -- how do you say it -- best interests at heart, you know, but the person that has to round them up -- not saying anything about the chief -- off the streets may have had a bad day that day, you know. So I just really want to make sure that that situation is addressed. So let me let you answer the first question. What has significantly changed from back then? And Mr. Bernat: Yes, hi. Officer Barnet, neighborhood resource officer. To answer your first question, in the census -- I've been involved with all the census in the last few years, and basically, the numbers are correct, but remember that the numbers 350, one, many of those are Overtown homeless also. And what they do is many of them bed down at night in downtown, but they might be in Overtown five hours later or six hours before, so any given night the numbers fluctuate. Commissioner Spence -Jones: But they came out of my district (UNINTET,TIGIBT,F) Mr. Bernat: Correct, that's exactly what happens. Chair Sarnoff We're not including them in the hotel bed so. Mr. Bernat: Okay. And the answer to your second question, it is true -- Commissioner Spence -Jones: (UNINTET,TIGIBT,F) -- let me just say. City ofMiami Page 79 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Mr. Bernat: Yes. Commissioner Spence -Jones: That could make sense because probably because downtown is so busy, you know, in the morning and it's a lot more people, a lot more enforcement, that they kind of scatter and they party all day -- I'm not saying anything negative about them because I want to make sure that's not -- but they come hang out in the daytime, you know, and -- which makes it very difficult. All of the redevelopment things that I'm trying to do in Overtown, every time people ride through, you know, and they see all -- you know, everybody hanging out on the corners and they're homeless, it just does not help me with my redevelopment efforts that I'm trying to accomplish. So I understand that -- so I'm glad you cleared that up. So that's what the issue is. So when your counting takes place, you're saying there's a count -- do you do it in the morning and the night? Mr. Bernat: No. The count is done at night. It's because during the day, they are -- they migrate. They move around constantly. And the best -- to get the best count is when they're bedded down and we could count them as individuals. Commissioner Spence -Jones: Yeah. I got you. You were finishing up. Mr. Scott: IfI just may interject. On the second inquiry, it is true that the resources are limited, but about 40 percent -- and I'm talking from downtown, but I'm assuming the 40 percent is citywide -- 40 percent of the chronic homeless that are offered shelter when they are resources are -- by outreach -- repeat. In other words, they're -- they -- some of the homeless go into shelter when their disability check runs out. When they get their disability check, they come out of shelter. So there's -- it's not uncommon for that 40 percent to be in there a half a dozen or 8 or 10 or 12 times. What will happen is the efforts to modifi, Pottinger would actually relieve the stress of the resources. Because when you have that homeless person who really wishes help, you limit the abuse of the homeless person who uses the shelter as a shield to get away with some of the misdemeanor exceptions under the Pottinger or utilizes when they run out of money, they may go into shelter for a week or so and then they'll come out of shelter. Commissioner Spence -Jones: Yes. Mr. Scott: So by modifying Pottinger, you're able to free up some of the resources so when you actually have somebody who really wants help and really wants rehab and really wants assistant, those beds are constantly available. Commissioner Spence -Jones: Okay. And can I just ask this -- were you going to -- okay. The question I had prior to you coming up -- so what has been the significant changes in -- does the City -- I know -- I see this report -- have supporting statistics that, you know, actually show we're doing things to actually reduce homelessness? This is not really you. It's really our green shirts, you know. Are we doing -- do we have the statistics to show that we're actually getting people off the streets and really making, you know, some sort of inroads? Because if the numbers are growing, then that means -- Ms. Wheeler: Commissioner -- Commissioner Spence -Jones: Yes. Ms. Wheeler: -- we do. Commissioner Spence -Jones: Okay. Ms. Wheeler: In the City ofMiami, the green shirts, the outreach team, we work very closely to police. And the numbers, as you've seen in the reports, yes, they are lower than what we had City ofMiami Page 80 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 before. Is it acceptable? No. And I think the issue at hand today is that -- and I have -- was not part of this group that was working -- our personal analysis is that the Pottinger was meant to actually take care of some issues that were brought to the courts -- Commissioner Spence -Jones: Yes. Ms. Wheeler: -- in defense of the homeless person. Commissioner Spence -Jones: Right. Ms. Wheeler: Throughout the years, what this has done is there is a disrespect to the residents. No one can stand on a sidewalk and obstruct the sidewalk. Commissioner Spence -Jones: Wow. Ms. Wheeler: But ifI tell you I'm homeless, then you're allowing me to do. And think -- Commissioner Spence -Jones: So it gives them cover. Ms. Wheeler: Exactly. So I think, like they're requesting at this time, is not to provide less services to our homeless. Commissioner Spence -Jones: Right. Ms. Wheeler: I think where we have failed is that we don't have the opportunity to get to those homeless people the resources that are available, reason being because it's easier to just lay in the middle of the sidewalk. It is easier to go to Overtown in the morning, come back at night. And that's why you see that the total numbers' the same. And Commissioner Gort can tell you, I have more than 25 in Allapattah. Well, we're talking about from 7 o'clock in the morning till 3 o'clock. There's a particular spot that has 50. When the census is done at night because everybody or mostly everybody supposed to be sleeping at home and these are -- it's not something that we do on our own. They're monitors. So the numbers are real. There are homeless people out there. But it is important to understand that there is a respect that has been lost to the citizens, the visitors, our businesses, due to the fact that it was -- we are the only city that do not have any restrictions, and that's our main problem. If Miami Beach, if they gave us -- if Hialeah would have the same restrictions -- Commissioner Spence -Jones: Yes. Ms. Wheeler: -- then those 800 would have other places to move to. Commissioner Spence -Jones: Okay. Ms. Wheeler: I think our main point is City ofMiami, with a Pottinger agreement, has opened the doors and we're friendly and we want them to have resources. We want them to come and get the medical. We want them to come and get the continuum of care because the only amount of beds that we have for emergency are 1,398. But there's a total of 65,000 housing available. So if we have 800 and we can at least get 20 of those to understand that always we're saying is use the restroom, use the shelter at night -- andl believe that's what Mr. Jay is also asking -- let us then come to you and, you know, our homeless team go back and forth. How can we service someone if, when we go to them, they're told we're happy here. We're happy in the middle of the street. Why? People come and they give them $5. They go to Overtown to buy, you know, whatever. So our outreachers -- you know, our numbers are 5,000, 6,000; they're the same group. We pick them up today. We go back tomorrow. We go back the next day. So it's like going around in circles. We need something to educate them -- City ofMiami Page 81 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commissioner Spence -Jones: Yes. Ms. Wheeler: -- that they know that we have more to offer. Commissioner Spence -Jones: Right. I want to thank Hay -- Vice Chair Gort: Commissioner. Commissioner Spence -Jones: Okay. I'm almost -- just -- Vice Chair Gort: I thinkl can answer that question. Commissioner Spence -Jones: I just want to just add this for -- about Haydee, though. First of all, I want to thank you, Haydee, for making it so simple, not that you made it complicated, for the people watching. Because I don't want the perception to be -- andl think the City ofMiami has been in the news a lot lately about homelessness -- Vice Chair Gort: Yes, we have. Commissioner Spence -Jones: -- thatl think that whatever we do on this issue has to be compassionate, you know, done in a very compassionate way, and it's not seen as, you know, we're just trying to get rid of people, andl think that your explanation on the record made it clear enough as to why we're making and taking these actions, andl appreciate you breaking it down. I -- Gort, I just want to get the last thing out. Andl have a different viewpoint now. It just shifted because of your conversation. But let me just ask this really quickly on -- and it may be a Haydee question. When we modified the Pottinger settlement, how do we address the issue of the number of emergency housing that we don't have to address it? So when you start -- I mean, is that going to be -- I guess -- I don't know if that's a Tom question. Tom, part of the -- part of I guess, the -- when you go in front of the judge on this overall issue, are we going to at least discuss that we're creating some sort of plan or we'll put a plan in -- or a plan will be put in place to address the inadequate number of emergency housing? Is that going to be a part of the suit? Mr. Scott: Yes. Let me answer that. First of all, as part of the suit, two of the things that we're seeking is that under the current arrangement -- Commissioner Spence -Jones: Yes. Mr. Scott: -- we can only seek beds in the City ofMiami. And under this arrangement, we can do it countywide. That's number one. Number two, we're also seeking to change the idea of beds to beds and mats in order to create more. Andl would also tell you that, you know, we have spoken to various health care -- mental health for these people -- providers and we can arrange to have additional beds at a minimal cost, made available on a nightly basis, such as 20 beds made available to us every night so that this can be done at a very minimal cost that would provide the beds available. Half the -- one of the big problems is the other cities have taken -- Commissioner Spence -Jones: Yes. Mr. Scott: -- your beds -- Vice Chair Gort: Yeah. Mr. Scott: -- and they have them all reserved. City ofMiami Page 82 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Vice Chair Gort: That's it. Mr. Scott: And they're paying for them whether they're used or not used. Vice Chair Gort: That's it. Mr. Scott: So even though the beds are in the City, Miami Beach is taking your beds away from you. Vice Chair Gort: That's why we -- Mr. Scott: But part of it -- obviously, we anticipated your question and we anticipated that the judge would ask the same question Commissioner Spence -Jones: Yeah. Mr. Scott: And we may talk to the Camillus House and other people about trying to arrange for additional beds that would be available in order to meet the needs of the outreach people and the police. Commissioner Spence -Jones: Well, let -- and I'm finished Gort. You know, I was just really alarmed in the short briefing that I had on this issue 'cause I really hadn't had a chance to really digest it all the way. But was really alarmed to know that the City ofMiami Beach is actually buying housing here in our City, taking their homeless people out of their city and literally transporting them into the City ofMiami, which becomes our problem then. Mr. Scott: Yes. Commissioner Spence -Jones: So I think that is -- that's crazy. Chair Sarnoff As does Aventura, as does Coral Gables -- Commissioner Spence -Jones: So we become the -- Chair Sarnoff -- as does -- Commissioner Spence -Jones: -- official dumping ground. Unidentified Speaker: Surfside. Commissioner Spence -Jones: So, Mr. Chairman, I mean, originally, I was not, you know, prepared to vote on this item, but Haydee brought it home, and then I -- Tom actually cleared up a few issues for me around where are these people going to go. Chair Sarnoff We should have thought of a women's touch. Commissioner Spence -Jones: So I would -- I don't know how do I do this? Do I motion? Chair Sarnoff You just second. Vice Chair Gort: No. You second the motion. Commissioner Spence -Jones: Yeah, but I know I took it back. Chair Sarnoff Yeah, I know. You withdrew it. Now you put it back on. City ofMiami Page 83 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commissioner Spence -Jones: Okay, so I'm putting it back on. Chair Sarnoff All right, Commissioner Gort's recognized. Commissioner Spence -Jones: But I do want to say in me putting it -- I'm sorry. Don't let a woman talk, right? Vice Chair Gort: No, I got -- Commissioner Spence -Jones: I do -- Vice Chair Gort: -- six at home, so I'm used to it. That's not a -- people say you so patient. I'm used to it. Commissioner Spence -Jones: I'm sorry. I'll shut up. I just want to ask this real quick. I know that once, Warren, we vote on this item, are we still able to give you our input in this process? Even though we vote on the item, am I still able to say, Jay, Tom, you know, here's some feedback I'm going -- before this actually goes in front of a judge, can I still, you know, add my input before it goes? Mr. Solowsky: Absolutely, Commissioner. Commissioner Spence -Jones: Okay. Mr. Solowsky: This is just the start of what will be a process that is going to take time, during which all of the Commissioners will be involved in providing input and -- Commissioner Spence -Jones: Okay. Mr. Solowsky: -- be seat at the table as this progresses. Commissioner Spence -Jones: Okay. And then have we spoke -- and Ron is okay with all of this? 'Cause I know that was one of my big concerns. I got phone calls from Ron Book saying, Commissioner -- I haven't gotten them lately, which means I'm assuming that we are okay with the Homeless Coalition. Mr. Solowsky: Commissioner, that is not entirely correct. Commissioner Spence -Jones: Okay. Vice Chair Gort: Yes. Mr. Solowsky: Ron Book believed that the issues are valid issues to be dealt with, but did believe that Pottinger was not being interpreted liberally enough by the Police and that he felt that perhaps a more liberal interpretation might obviate the necessity for seeking a modification. We then met with the Police. We then dealt with the Law Department and many, many hours with Warren over many, many months. Commissioner Spence -Jones: Yes. Mr. Solowsky: And it was determined that that is not the case and that a modification is, in fact, necessary to be able to deal with these changed circumstances and unforeseen events. Commissioner Spence -Jones: Okay. City ofMiami Page 84 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Chair Sarnoff. All right, Commissioner Gort. Vice Chair Gort: I could be talking to this for hours. I mean, I've been working on the homeless since 1985 when I was involved with Downtown Miami Business Association, okay. To answer your first question, why is it different that we going to do -- what have -- what has the City of Miami has done? The City ofMiami in 1993 voted to allow, with a lot objection from a lot of people, to the Trust -- Homeless Trust, to build a facility in Miami Avenue and 15th Street. Promise was made at that time that another facility was going to be built way south and another facility was going to build north. And that once south is done, north has been done. I'm glad this subject has come up. As you know, we had that little problems last week and people now realize we do continue to have a major problem. Another major problem is the City ofMiami happens to be the recipient of all the homeless for Miami -Dade County. This is a Miami County responsibility, not only the City ofMiami. I mean, your neighborhood and my neighborhood, I have over -- Commissioner Spence -Jones: Yes. Vice Chair Gort: -- 40,000 people to work with in my neighborhood, over 60,000 people. We have -- we were allowed Camillus House to provide the services, which is a great services. But this is the type of service that we should have in all the facilities throughout the County. Commissioner Spence -Jones: Yeah, that's true. Vice Chair Gort: Because not only to feed them and give them a bed is enough; you got to work with them, you got to help with them, and we've been doing that. In DDA, we establish programs where we use homeless for the -- maintaining the landscaping, and later on they got jobs -- Commissioner Spence -Jones: Yes. Vice Chair Gort: -- and they done very well, and that's a program. I've been working with our own task force. I met with Wheeler. Andl think this is a lot larger than we talked about. There's a lot more. I mean, the Pottinger is the beginning, but it's a lot of work that needs to be done by all of us. I mean, this is a County responsibility. You have, of five facilities, I think four within the City ofMiami. Commissioner Spence -Jones: And (UNINTELLIGIBLE). Vice Chair Gort: And everybody wants to continue to build them in the City ofMiami. I mean -- Commissioner Spence -Jones: In District 5. Vice Chair Gort: And 4. Commissioner Spence -Jones: Right. Vice Chair Gort: And 1, in all our districts. Commissioner Spence -Jones: What I'm saying -- Vice Chair Gort: I have a lot of them in my district too. Commissioner Spence -Jones: I know the majority of the home -- Miami Rescue Mission, Camillus House, Beckham Hall. City ofMiami Page 85 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Vice Chair Gort: Right. Commissioner Spence -Jones: I can go on and on about -- I have more -- probably more homeless shelters than I do housing. Vice Chair Gort: You about right. Commissioner Spence -Jones: But I'm just saying, we all got a problem, you know. Vice Chair Gort: We have a problem. We have to realize it. Whoever's working on this, they got to get together, and this is something I've been talking to Wheeler -- to Ms. Wheeler, and we agreed that we need to do some things and need some change to be made. I mean, the Trust has got responsibility and they got to look at it. Commissioner Spence -Jones: Yeah. Chair Sarnoff Thank you. Commissioner -- Vice Chair Gort: And I'm all in favor for the Pottinger. This is just a beginning. There's a lot more work to be done. Chair Sarnoff. Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. First of all, I'd like to begin by thanking and showing my appreciation to Mr. Solowsky, Mr. Scott, Officer Bernat, and Commander Morales, and pretty much everybody that has participated in this. I truly believe, and the pictures definitely depict, that there's some safety issues. You know, I wonder where there's people laying across the sidewalk, even ADA (Americans with Disabilities Act) compliance, people with a wheelchair, how will they go by, not just, you know, average people walking. So I really do believe there's a safety issue. Andl have a few questions that, ifI may, I wanted to ask just to make sure -- make some points. Could Officer Bernat come forward, please? Thank you, officer. And first of all, thank you for the work that you do. I truly appreciate it. You're the downtown NRO (Neighborhood Resource Officer), correct? Officer Bernat: That is correct. Commissioner Carollo: And l just want to verify, not to say all the pictures, even though I believe they are, but let's say the large majority of all those pictures are in downtown Miami. Correct? Officer Bernat: That is correct. Commissioner Carollo: Okay. And I saw Mr. Montoya come forward. And you don't have to come forward. You know, I saw you come forward, andl know we met many, many months ago -- I don't even know if it extends to at least a year or so ago -- with some of these issues. And know that you represent the downtown Miami Dade College campus. Also, I'm -- Mr. Solowsky, from your statements, you stated that this is the single biggest issue facing downtown Miami. Correct? Mr. Solowsky: Yes, it is, Commissioner. Commissioner Carollo: Okay. And what I'm trying to make a point is that I don't know what the cost is, so I'm going to ask what the cost is. But I think, you know, that the DDA, which I know it has been already, but should continue to step up, see what the cost is, and actually pay for the legal services. In that way, it'll alleviate our general fund. You know we're having a lot of City ofMiami Page 86 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 discussions with regarding [sic] to police officers, public safety, and all the employees, for that matter. So our general fund -- and I think you're going to see more and more, if you haven't seen it already, I'm going to be protective of the general fund dollars so -- Chair Sarnoff Well, maybe I could respond to that. Commissioner Carollo: Sure. Chair Sarnoff Because I believe we have spent close to -- it's about 35 to $40, 000 from the DDA. Mr. Solowsky: Commissioner, we've spent 48,000 thus far. There is a bill that will be coming for the last approximately three months, probably close to $20, 000. So our out-of-pocket for DDA to bring the ball this far is approximately, all in, about $68, 000 to date. Commissioner Carollo: And let me tell you something. I think that's one of the best expenses that you have had. As a matter of fact, I'm even, you know -- and I'm going on memory now because I don't remember your whole budget. But I'm thinking instead of the way finding signs, which is 1.5 million allocated, spend 1.4. So I think, realistically, you know, you've taken the ball this far, make the touchdown. Go all the way and actually, you know, pay for -- Chair Sarnoff And we're into touchdowns, but we're also into teamwork. And, you know, for the DDA to bear this entire expense going forward may not be the fairest thing to do, andl hate to see somebody preface their vote on it, especially with the Bayfront Park right there. You know, I have photographs in my phone, if you'd like to see, about -- I think it's averaging about 40 homeless people a day stay in Bayfront Park. And if you walk along the waterfront -- I know you do. I know I do -- almost on a daily basis, you would see a gravamen of the homeless just staying there. So maybe what we could do, Commissioners, come up with a one, two, three agreement: The DDA would pay a third, City ofMiami would pay a third -- 'cause it is a citywide issue -- and the Bayfront Trust would pay a third. Commissioner Carollo: Well, here's the issue that have with that. Once again, this whole presentation was preferenced on downtown Miami. I didn't see anyone coming to the Bayfront Park and didn't see any pictures, except for one, one picture from Bicentennial Park. But in all fairness, you know, I didn't see anyone coming and asking the Trust to be part of this, you know. So in all fairness -- not to mention, the park, just for the whole citywide, will be donating four hundred and fifty -some thousand dollars, which by the way, I think originally, three years ago, four years ago -- actually three years ago 'cause it's when I became Chairman. The only thing that was asked of the park: be self-sufficient, you know, and that was the first year it was even asked of them. Because every year, you know, the City ofMiami would subsidize that park by a million dollars, except for the previous two years, which was $500, 000. So all that was asked, you know, be self-sufficient. By the way, which is a big thing to ask, a big, big thing to ask if you go on history and you go on any other agency. Now, with that said, we have not only been self-sufficient; we have surpassed that and have actually for the whole City, without being specific and without going into details in this district, which district it affects or not, have actually proffered and, without even being asked, said that they will pay four hundred and -- I think it was $462, 000. So we're doing our part. So I'm sure this is not going to cost four hundred and sixty -some thousand dollars, but I (UNINTET,T IGIBT,F) -- Mr. Solowsky: (UNINTET,TIGIBT,F) you're talking about approximately. We've requested a budget. Judge Scott estimates approximately $75, 000. Commissioner Spence -Jones: Okay. Commissioner Carollo: And let me tell you something. And in all fairness -- you know, even City ofMiami Page 87 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 with your argument, Mr. Solowsky, saying that this is the biggest single issue facing downtown Miami -- and you said that. You didn't say City ofMiami; you said downtown Miami. I think, in all fairness, 75,000, I think this is really -- you know, what DDA is supposed to -- Mr. Solowsky: Commissioner. Commissioner Carollo: -- deal with downtown Miami, andl really believe -- and we have down -- we have DDA members here. I mean, I (UNINTELLIGIBLE) for their -- Mr. Solowsky: Commissioner, I did say that. However, I did also ride through District 5 with Commissioner Spence -Jones, and there is a significant problem in District 5. And this is a citywide issue. While it may be vocalized by those who were downtown, it affects the entire City. Commissioner Spence -Jones: Yeah. And let me just say that -- and that's the reason why I wanted them -- want it to be clear, andl asked for the report on it, Commissioner Carollo, 'cause some of these numbers, honestly, I have a issue with 'cause I know we have more people. Andl don't know if you have the river in your district as well. Commissioner Carollo: We share the river -- Commissioner Spence -Jones: Yeah, we share the river. Commissioner Carollo: -- to a certain degree. Commissioner Spence -Jones: I don't know if on your side of the river, but on my side of the river there's a lot of homeless people. So I just kind of have a concern when I look at these numbers on the homeless side of it, so I totally agree with you. I think there -- that's why I wanted to make sure that Jay cleared up the fact that it's not just going to be downtown; it's going to be other areas that are going to be impacted by this issue. I don't want us to go back and forth. I had a concern on the issue of the resources and want -- you know, is there a cap or something along that lines, but my understanding is that we will receive some sort of report on -- you know, if this situation's getting out of control and there's a lot of money that's being spent on it, then we would be briefed. But Jay just put on the record that Mr. Scott sees that there's not going to be more than $75, 000 spent on this issue, estimated at least. If something else happens while we get in the midst of it, then, of course, I'm sure it'll come back to us for us to kind of discuss. So I hear both of you guys, Scott, andl agree with both of you guys on it, but l do think that Alice from the DDA and her whole team over there, they began this issue. They put the money in this issue, quite frankly, to get the ball rolling, andl commend that because nobody wanted to touch it. Everybody wanted to leave it alone. And at least, we've gotten to the point that we can make some real changes in what's happening with it. So I appreciate DDA stepping up to the plate to do it. I think it's only right if the whole entire City's going to be affected by the judge's ruling, or whatever the case may be with this particular item, my district, your district, Commissioner Gort's district, we're all going to benefit from it. So -- I mean, I don't -- I'm glad to hear that it's only $75, 000. Commissioner Carollo: Well, that was a start. What was the cost? And then who was going to pay for it? And, again, listen, we're going to have some tough decisions in the near future. Commissioner Spence -Jones: Yes. Commissioner Carollo: Because it seems like we want this, we want this, we want that, we want this, but no one's coming up with saying how it's going to be paid for. I know when -- and yes, I was a cosponsor. With regards to the additional exemption, I brought up how we were beginning to pay for it. So we're -- we continue to say we want this and we want that, which, by the way, I don't want an additional 50 officers. I want an additional 500 officers. City ofMiami Page 88 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commissioner Spence -Jones: Yeah. I got you. Commissioner Carollo: You know, I want an additional 500 officers. Commissioner Spence -Jones: Okay. Chair Sarnoff Amen, brother. Commissioner Carollo: Okay. Commissioner Spence -Jones: Commissioner. Commissioner Carollo: Now, the issue is how are we going to pay for it? Commissioner Spence -Jones: Right. Chair Sarnoff I could show you how. Commissioner Carollo: Okay. Well, you know, we don't have time to discuss that. Chair Sarnoff And I'll tell you what, Commissioner. I don't want get your angst up too much. I'll make a commitment that the DDA will pay the $75, 000 'cause I'd like to see unanimous vote andl hate to see an impediment for you to vote for this from -- for this kind of money. Commissioner Carollo: I appreciate that. Chair Sarnoff Okay. Commissioner Suarez: Mr. Chair. Chair Sarnoff You're recognized. Vice Chair Gort: Okay, that's good. Commissioner Suarez: Thank you. I don't know that there's much to add. I mean, I think everyone's pretty much said what needs to be said here. I just wanted to take a moment to commend also the committee. I had an opportunity as chairman briefly to meet with the committee on one or two occasions. I can tell you that they worked very, very hard on this. It was a -- what they're presenting here before us was a very well thought out, very carefully crafted solution, or attempt at a solution, because I think this is a -- it's a difficult problem. I want to commend the Chairman for sticking with it. You know, like with the alcohol ordinance committee, I'm starting to become a little bit more of a believer in committees, particularly when you have the right people who really care about the City and who are intelligent and who stick with it and who follow through, to be frank. For me this issue is not as much about how people are impacted by homelessness as it is about the homeless themselves, from my perspective. One of the pictures that you showed was a homeless woman, andl actually met her on Sunday. I went to the Sisters of St. Teresa, a mission, on Sunday andl actually met her and spoke to her. Andl was speaking to some of the other homeless that were in that area, and one of the things that they conveyed to me was that they have to sleep -- they said to me, "Commissioner, do you know what it's like to sleep with one eye open?" Andl said, you know, no. I haven't, you know, thankfully had to figure that out. So I think there's a safety issue for the homeless themselves. And they're human beings; they deserve respect and they deserve the utmost in terms of care. Andl think, you know, what this does is that it give us a greater ability to do that, to take care of them, and that's the reason why I'm supportive of it. I think that's it. Thank you. City ofMiami Page 89 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Chair Sarnoff All right. So motion, second. Any further discussion? All in favor, please say aye." The Commission (Collectively): Aye. Mr. Bittner: Commissioner, you need to -- Mr. Chairman, you need to amend that motion to provide for funding by the DDA and approval by the DDA. Vice Chair Gort: Accept the amendment. Chair Sarnoff Maker accept the amendment? Seconder -- Commissioner Spence -Jones: Yes. Chair Sarnoff -- accept? Okay, everybody understand that's -- Commissioner Suarez: Yes. Chair Sarnoff -- their vote? There you go. Thank you very much. Appreciate everybody for coming. Commissioner Spence -Jones: Thank you, guys. Chair Sarnoff We're going to take a five-minute recess just for a bathroom break. RE.5 RESOLUTION 13-00367 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RELATED TO THE REAPPORTIONMENT OF THE JURISDICTIONAL BOUNDARIES OF THE CITY COMMISSION DISTRICTS FOR USE IN THE NOVEMBER 5, 2013 ELECTION AND EACH ELECTION THEREAFTER; OFFICIALLY DELINEATING THE BOUNDARIES OF EACH DISTRICT AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED. 13-00367 Summary Form.pdf 13-00367 Final Report- Proposed Redistricting Plan.pdf 13-00367 Legislation.pdf 13-00367 Exhibit 1.pdf 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 Note for the Record: Item RE.5 was deferred to the April 25, 2013 Commission Meeting. Note for the Record: Please refer to Order of the Dayfor minutes referencing item RE.5. RE.6 RESOLUTION 13-00327 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Program COVENANT RUNNING WITH THE LAND IN FAVOR OF MIAMI-DADE City ofMiami Page 90 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 COUNTY, IN SUBSTANTIALLY THE ATTACHED FORM, AS PART OF THE MIAMI-DADE COUNTY DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES CLASS I PERMIT APPLICATION FOR THE ROCKERMAN CANAL IMPROVEMENTS PROJECT, B-30680. 13-00327 Summary Form.pdf 13-00327 Legislation.pdf 13-00327 Exhibit 1.pdf 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, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0145 Chair Sarnoff RE. 6. Mark Spanioli: Good afternoon, Commissioners. Mark Spanioli, director of Capital Improvements. RE.6 is a resolution to execute a covenant with Miami -Dade County for the Rockerman Canal improvements. Commissioner Suarez: Move it. Mr. Spanioli: It's shoreline stabilization and -- Vice Chair Gort: Second. Mr. Spanioli: -- mangrove -- Chair Sarnoff Motion by Commissioner Suarez, second by Commissioner Gort. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Mr. Spanioli: Thank you. RE.7 RESOLUTION 13-00330 Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Waste ATTACHMENT(S), ACCEPTING THE RESPONSES RECEIVED OCTOBER 12, 2012, PURSUANT TO INVITATION FOR QUOTATION NO. 340302, ISSUED IN ACCORDANCE WITH SECTION 2.29 OF REQUEST FOR QUALIFICATIONS NO. 222246, AS AUTHORIZED PURSUANT TO RESOLUTION NO. 10-0419, ADOPTED SEPTEMBER 23, 2010, FROM LOAD ITAWAY, LLC., AND U.S.A. SCRAP METALS & RECYCLING CORP., ("ADDITIONAL QUALIFIED PROPOSERS") AS IDENTIFIED ON "EXHIBIT A", ATTACHED AND INCORPORATED, TO PROVIDE COMMERCIAL SOLID WASTE HAULING SERVICES WITHIN THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO EXECUTE NON-EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH THE ADDITIONAL QUALIFIED PROPOSERS FOR SAID SERVICES, FOR AN INITIAL CONTRACT PERIOD OF FIVE (5) YEARS WITH OPTIONS City ofMiami Page 91 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS. 13-00330 Summary Form.pdf 13-00330 Legislation.pdf 13-00330 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0146 Chair Sarnoff RE.7. Keith Carswell (Director, Solid Waste): Good afternoon. Chair Sarnoff Mr. Carswell. Mr. Carswell: Good afternoon, Commissioners. Chair Sarnoff Haven't heard from you in a while. Mr. Carswell: RE.7 is actually adding two additional commercial haulers to our franchise agreement. Currently, we have about 12 -- 14 active commercial haulers that generate about 12 million in revenue annually to the City ofMiami. They compete under a nonexclusive franchise agreement for the rights and privilege of providing commercial hauling services. So I ask that you approve the two additions. Vice Chair Gort: Move it. Commissioner Carollo: Second. Commissioner Suarez: Second. Chair Sarnoff Motion by Commissioner Gort, second by Commissioner Carollo. Commissioner Carollo's recognized for the record. Commissioner Carollo: Thank you. And l just want to verify. This is just going to add additional companies into the commercial hauler, correct? Mr. Carswell: Yes. Commissioner Carollo: Into the commercial waste hauler pool, so -- Mr. Carswell: Correct, and they compete among themselves. Commissioner Carollo: Okay. Second thing is, everybody that knows me knows that I multitask quite a bit, so I'm going to ask you a question that's in line with trash, but not necessarily this item. So -- but since I have you in front of me, I want to take this opportunity. Real quick, as the Manager knows, CIP (Capital Improvements Program) projects have not been easy in District 3, and we've been slowly working towards improving that, and in all fairness, we have. We just finished a lot of the streets, curbs, approaches, curb and gutters, in Grove Park, which is an area in District 3. However, one of the residents just told me a week after it was completed that the bulky trash is coming, and when they pick up the trash, it's actually starting to break up the brand-new curbs. So I want to see if we either take a ride out there or how do we fix the issue? City ofMiami Page 92 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Because I don't want something that has taken, according to one neighbor, 44 years to actually come to fruition, all of a sudden, within a week that it has been completed, we're having, you know, our own City department cause damage to this brand-new construction, so to speak. Mr. Carswell: And that is an issue, I think, that's citywide. Andl guess more acute because, as you indicate, after all of those years, you finally get that and then as a byproduct of the trash collection, we're -- that occurs. Some of the things that we've talked about, we've looked at possible -- some type of pads putting down. One of the things that -- in talking with the director of Public Works, one of the things that we discussed preliminarily is when they do some of the right-of-way improvements, making one of the requirements where they put some type of asphalt as part of the whole construction process. So we're aware of the problem; trash holes in the Grove that get filled up and then maybe a couple of months later, they need filling up again. So it's something that we're aware of. We're trying to be proactive in trying to address it. Love to come out and assess that situation to see how we could try to resolve it. Commissioner Carollo: Absolutely, 'cause in the meantime, one of the few CIP projects -- and by the way, I see -- well, Director Spanoli [sic] just left. I wanted to, you know, show my appreciation that this project was actually done and done within the time period that we said. Grove Park is very near to the Marlins stadium, so we want to make sure that it was complete before the start of the new opening day, opening season for the Marlins, and it was. But you know, within a week, I have neighbors, you know, already saying, Commissioner, the -- you know, we like the project. However, bulky trash just came and is starting cracking already our curbs. Mr. Carswell: I would like to be able to come out and take a look at it. Also, it may be a matter of placing a "No Dumping" sign in that particular location and maybe trying to identify another location in the neighborhood for the residents to bring or deposit the trash. Commissioner Carollo: Would it be possible to go out there tomorrow and address the issue already? 'Cause what don't want is that, you know, this lingers a few weeks and within a few weeks, the great work that CIP did this time, it's in vain. Mr. Carswell: No problem. I'll go to your office and get on your calendar. Commissioner Carollo: Thank you. Chair Sarnoff And just so we're clear, that plan is still being implemented that we had talked about earlier, right? Mr. Carswell: Yes. Chair Sarnoff 'Cause I don't want to have to bring this back to a blue page. Mr. Carswell: Yes. Chair Sarnoff Okay. All right, so then we have a -- Vice Chair Gort: Motion and second. Chair Sarnoff -- motion and a second on RE.7. Hearing any further discussion? None. All in favor, please say "aye." The Commission (Collectively): Aye. Commissioner Carollo: Thank you. City ofMiami Page 93 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 RE.8 13-00425 RESOLUTION District 4- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner CITY ATTORNEY TO ENGAGE OUTSIDE COUNSEL, TRIAL & APPELLATE Francis Suarez RESOURCES, P.C., HAGENS BERMAN SOBOL SHAPIRO LLP, CENTER FOR CONSTITUTIONAL LITIGATION, P.C., AND ERWIN CHEMERINSKY, ON A CONTINGENT FEE BASIS, ON TERMS TO BE NEGOTIATED BY THE CITY ATTORNEY AND APPROVED BY THE CITY COMMISSION, TO REPRESENT THE CITY IN LEGAL ACTIONS AGAINST BANKING INSTITUTIONS REGARDING THEIR: (I) STEERING INTO AND ISSUING DISCRIMINATORY MORTGAGES TO MINORITIES WITH TERMS AND CONDITIONS THAT ARE SIGNIFICANTLY DIFFERENT FROM AND LESS FAVORABLE THAN THOSE IN MORTGAGES ISSUED TO OTHER, NON -MINORITY BORROWERS; AND (II) DENYING MORTGAGE CREDIT TO MINORITIES ON THE SAME TERMS AND CONDITIONS AS NON -MINORITIES. 13-00425 Legislation (Version 2).pdf 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 Note for the Record: Item RE.8 was deferred to the April 25, 2013 Commission Meeting. RE.9 RESOLUTION 13-00426 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING ANY Attorney CONFLICT OF INTEREST THE LAW FIRM OF STEARNS, WEAVER, MILLER, WEISSLER, ALHADEFF & SITTERSON, P.A., MAY HAVE, IF ANY, DUE TO ITS REPRESENTATION OF THE CITY IN THE JORGE L. FERNANDEZ LITIGATION, TO ENABLE IT TO REPRESENT RAM CCGM LLC, A SUBSIDIARY OF RAM DEVELOPMENT CORP. (HEREINAFTER "RAM"), IN RESPONDING TO A REQUEST FOR PROPOSALS FOR REDEVELOPMENT OF THE FORMER GROVE KEY MARINA/CHARTHOUSE SITE, AND, IF SUCCESSFUL, NEGOTIATING A GROUND LEASE WITH THE CITY ON BEHALF OF RAM. 13-00426 Memo - Office of the City Attorney. pdf 13-00426 Legislation. pdf Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Noes: 1 - Commissioner(s) Carollo Absent: 1 - Commissioner(s) Spence -Jones R-13-0147 Chair Sarnoff All right, RE.9. Julie O. Bru (City Attorney): Mr. Chairman, this is a request from the law firm of Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson to waive any conflict poten -- or to -- actually, to waive any potential conflict of interest so as to permit this law firm to represent a client that City ofMiami Page 94 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 RE.10 13-00284 District 2- Commissioner Marc David Sarnoff wishes to -- Commissioner Suarez: Move it. Ms. Bru: -- participate in a bid. Chair Sarnoff Motion by Commissioner Suarez. Vice Chair Gort: Second. Chair Sarnoff Second by Commissioner Gort. Any discussion? Hearing no discussion, all in favor, please say "aye." Commissioner Suarez: Aye. Chair Sarnoff Aye. Commissioner Carollo: No. Chair Sarnoff Okay. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL ASSESSMENT DISTRICT AREA TO BE KNOWN AS THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT ("BID") AND AUTHORIZING THE LEVY AND COLLECTION OF A SPECIAL ASSESSMENT FORA PERIOD OF TEN (10) YEARS SUBJECT TO THE APPROVAL OF A MAJORITY OF AFFECTED PROPERTY OWNERS; PROVIDING FOR NATURE AND ESTIMATE OF BENEFITS TO BE PROVIDED; PROVIDING DETAILS OF ASSESSMENT PROCEDURES, PAYMENTS, AND STATUTORY LIENS; PROVIDING FOR PUBLICATION OF LEGAL NOTICE; AUTHORIZING AND DIRECTING THE CITY MANAGER, THE CITY CLERK, THE FINANCE DIRECTOR, THE WYNWOOD BID PROJECT DIRECTOR, AND ALL OTHER NECESSARY CITY OF MIAMI ("CITY") OFFICIALS AND WYNWOOD BID FORMATION OFFICIALS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO UNDERTAKE ALL NECESSARY ACTIONS AND PROCEDURES TO ACCOMPLISH THE PURPOSE SET FORTH IN THIS RESOLUTION IN ACCORDANCE WITH CHAPTER 170, FLORIDA STATUTES. 13-00284 Legislation. pdf 13-00284 Exhibit A-1. pdf 13-00284 Exhibit A-2. pdf 13-00284 Exhibit B.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0136 Chair Sarnoff We're back on the record. I think we have RE.10. RE.10, Wynwood BID City ofMiami Page 95 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 (Business Improvement District). RE.10 is a resolution of the City ofMiami Commission, with attachments, establishing a special assessment district area and authorizing the levy and collection of a special assessment for a period of ten years, subject to the approval of a majority of affected property owners; providing for nature and estimate of benefits to be provided; providing details assessment procedures, payments, and statutory liens; providing for publication of legal notice; authorizing and directing the City Manager, the City Clerk, the City Finance director, the Wynwood BID project director, and all other necessary City ofMiami officials and Wynwood BID formation officials, after consultation with the City Attorney, to undertake all necessary action, procedures to accomplish the purpose set forth in this resolution in accordance with Section 170 of the Florida Statutes. Mr. Collins, you're recognized for the record. David Collins: Thank you, Mr. Chairman, honorable Commissioners. David Collins, with Wynwood BID office, located at 404 Northwest 26th Street, in Wynwood. It is my great pleasure, having gone through 24 meetings since October, often having 25 people in these meetings, property owners, to present to you the Wynwood business plan, which I delivered during the past few days to you and into your offices, Commissioner. It's a carefully thought out plan. It's compliant with Section 170. And if you will allow me, I have several leaders of that steering committee to make very brief comments in support of this. Mr. Joe Furst, Mr. David Lombardi, and Jose Nava, who's the executive administrator of the Wynwood Area Arts District Association. Chair Sarnofff. Are they speaking, David? Mr. Collins: If they may, sir. Chair Sarnofff. They should be standing up there by now. Commissioner Spence -Jones: Can I say this, Mr. Chairman. I want to give you kudos on this, andl know you've been beat up by the BIDS for a minute, but this is a wonderful strategy to implore [sic] in neighborhoods, especially in business districts. I got a chance to go to the 125th Street BID in Harlem. David recommended that go visit. And was just blown away with how much they've done in Harlem to transform. And these two guys, you know, up here have wonderful vision; and just to see how much has happened in four years, oh, my God. You know, you can rebuild the whole city now, right? Mr. Collins: Yep. Commissioner Spence -Jones: So I want to commend you for your wonderful work. Chair Sarnofff. And, Commissioner, I think -- I don't know if you do know this or don't know this. This is something we, as Commissioners, should really take note of. I think New York City -- David, you'll correct my number -- has 65 BIDs. Unidentified Speaker: Ninety. Chair Sarnofff. That means -- How many? Unidentified Speaker: Ninety. Chair Sarnofff. Ninety. See, when I -- I think when we did the Coconut Grove BID, I think there were 65. But 90 BIDs, so just short of a hundred. So that means a hundred districts, a hundred jurisdictions have said we love the city of New York -- you know I love New York -- but they said we want a little more. And, you know, I love the City ofMiami, but there are some people out there that might say I want to do a little more. It's -- so, Commissioner, I -- you know, we shouldn't stop it. The Wynwood BID. We should think about other bids. City ofMiami Page 96 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commissioner Spence -Jones: Yes. Chair Sarnofff. There are very discreet neighborhoods in the City ofMiami that are very susceptible to this. I would say one thing to you, Commissioner, 'cause I know you carry some clout up at Tallahassee. There are ways of improving our state laws for creating BIDS that, even from a Republican standpoint, are good business practices. And Florida is not the most BID friendly creation in the United States. Probably would be ranking on one of the bottom ones so. Commissioner Spence -Jones: Well, that's something we should probably tell Kirk to do. That's another assignment, Carollo Vice Chair Gort: I have to tell you -- Commissioner Spence -Jones: -- you need Kirk to do. Vice Chair Gort: -- I experienced the benefits of the creation of the DDA (Downtown Development Authority), andl think I've seen the creation of the BID here in Coconut Grove. And any time any business individuals or any residents are willing to tax themselves or assess themselves additional funds, I think that's great and it speaks a lot for them. It means they have hope in the City. They have faith in the City. They want to invest in the City, which is important. A lot of times a lot of the funds that goes -- the taxes it produce and other part of the cities are very helpful and a lot of the other neighborhoods that get the benefits of it. So congratulations on that. Chair Sarnofff. All right, David, why don't you speak? Give you two minutes. David Lombardi David Lombardi: Sure. Chair Sarnofff. -- you're recognized for the record. David Lombardi. Good morning, Commission. Thanks for having us this morning. I'm at 167 Northwest 25th Street. We've spent the last six months having community meetings, getting stakeholders in the neighborhood to attend these meetings, discussing different initiatives that we want to see happen with the funds that we ourselves would provide. We're very interested in clean and safe 'cause we've created this wonderful neighborhood of creativity and it's becoming a worldwide destination. And if we're attracting people from all over the planet, we need them to feel that the place is clean and safe. This is just the beginning. This is by no means the end, getting this passed, because we have future plans for streetscapes, lighting, road signage, marketing, et cetera, et cetera. So I just want to thank you all for considering this and helping us with the funding as well towards our consultant. Chair Sarnofff. Thank you, David. Mr. Lombardi: Thank you. Chair Sarnofff. All right, Joe. Joseph Furst: Hello. Joseph Furst, from Goldman Properties, 2750 Northwest 3rdAvenue. I think it's very clear the impact that the BID is going to deliver. Obviously, investing in our community is something we're excited about. It's going to cost us all a little bit, but we believe the returns are going to be tremendous. I really just want to give a special thank you to Commissioner Sarnoff for back in 2009 when we formed WADA (WynwoodArts District Association) as a nonprofit neighborhood association, Commissioner Sarnoff had the foresight to City ofMiami Page 97 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 find some seed money to get our association going and helped us with our security services, our cleanliness through the Women of Wynwood and that was really the first starting point to where we are today. So I'm very proud to be here a few years later actually in front of the Commission presenting the BID because that was the initial goal, and it took us a couple of years, but we're finally here. So thank you. Chair Sarnoff Women of Wynwood, I remember that. And -- forgive me; I don't remember your name. Jose Nava: Jose from the Wynwood Arts District Association -- Chair Sarnoff Jose. Mr. Nava: -- 404 Northwest 26 Street. Thank you, Commissioners, for having us. You know, with not much to add from what they said, I think it's really great that the stakeholders are coming as one in the community and they are assessing themselves to improve our community. Our community has, you know, a lot of potenhal to explore. We have already taken advantage of the infrastructure that is there, and we're really creating a very important cultural destination for the City ofMiami. So it's great that we have your support and that we're able to present this to the City Commission. Thank you. Chair Sarnoff Thank you. All right. Johnny Martinez (City Manager): Commissioner, may I (UNINTELLIGIBLE) ? Commissioner Suarez: Move it. Commissioner Spence -Jones: Second. Chair Sarnoff Motion by Commissioner Suarez, second by Commissioner Spence -Jones. And the Manager is recognized for the record. Mr. Martinez: I rarely, you know, pat ourselves on the back. As a matter of fact Chair Sarnoff (UNINTET,TIGIBT,F) nervous. Mr. Martinez: -- I'm going to get pounded probably later, but I just want to say that George Mensah really cooperated and thought out of the box to get us to this point. Commissioner Spence -Jones: Andl want to just add on top of that, not taking any kudos from George 'cause, you know, we love what George does, butt want to especially thank David Collins because, you know, at the end of the day, again, you've taken a lot of lumps too, you know. And, you know, I'm sure that you have been a big help to these guys making sure -- I know you attend all the meetings, you structured a lot of the stuff for them, made sure they stayed on the right track; you've been very passionate about this thing. And said you're going to become an expert in a minute, you know. You're going to have to -- you know, after a while, they're going to be trying to get you from everyone. But I think that when you have good people that are working hard to get things done, you need to acknowledge them for their work, andl at least wanted to do that with David. Chair Sarnoff And let me thank -- and I don't do this often, so maybe it means more -- Julie Bru, thank Veronica Xiques. It's a very lawyerly labor intense thing to do. You could very easily say not my job. I really don't want to do it. City Attorney has never shirked or, in any way, pulled back from ever helping a BID being formed. Veronica, you're very good at it. You're very available, and available is a big deal because instead of something sitting for six weeks on your City ofMiami Page 98 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 desk; it only sits for six days, and that's a big difference 'cause a lawyer can allow something to die a very slow and painful death on his desk or -- Vice Chair Gort: Yes. Chair Sarnoff. -- or her desk. So thank you. Commissioner Spence -Jones: So, Veronica, we know now who's getting all the love so. Chair Sarnoff. There you go. All right, we have a motion. We have a second. Any further discussion? All in favor, please say aye." The Commission (Collectively): Aye. Commissioner Suarez: Congrats. Chair Sarnoff. Congratulations, guys. Now, you've got to bring us back a vote so we can sit at Commissioner Suarez: Go get the votes. Chair Sarnoff. -- that great big assessment board. That's always a lot of fun. Vice Chair Gort: It is. Mr. Collins: Thank you very much. Chair Sarnoff Thank you. END OF RESOLUTIONS BOARDS AND COMMITTEES BC.1 RESOLUTION 13-00405 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 13-00405 Arts CCMemo.pdf 13-00405 Arts Current_Board_Members.pdf NO ACTION TAKEN BC.2 RESOLUTION NOMINATED BY: Mayor Tomas Regalado Mayor Tomas Regalado Commissioner Frank Carollo City ofMiami Page 99 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 13-00406 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR ATERM AS DESIGNATED HEREIN. BC.3 13-00407 Office of the City Clerk BC.4 13-00409 APPOINTEE: NOMINATED BY: Chair Marc David Sarnoff 13-00406 Audit CCMemo.pdf 13-00406 Audit Current_Board_Members. pdf NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Marc David Sarnoff Commissioner Frank Carollo 13-00407 Bayfront Park CCMemo.pdf 13-00407 Bayfront Park Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Marc David Sarnoff Chair Marc David Sarnoff Commissioner Frank Carollo 13-00409 CSW CCMemo.pdf 13-00409 CSW Current_Board_Members.pdf NO ACTION TAKEN City ofMiami Page 100 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 BC.5 13-00410 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. BC.6 12-01470 APPOINTEES: NOMINATED BY: Chair Marc David Sarnoff Commissioner Frank Carollo Commissioner Francis Suarez 13-00410 CTAB CCMemo.pdf 13-00410 CTAB Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE EDUCATION ADVISORY BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Charles M. Auslander City Manager Johnny Martinez (Ex-Officio Non Voting Member) 12-01470 EAB CCMemo.pdf 12-01470 EAB Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0151 Chair Sarnoff We have boards. Andl think it can be done in less than seven minutes. Commissioner Carollo: I want to continue all of mines. ToddB. Hannon (City Clerk): Yes, sir. Commissioner Carollo: So that -- Commissioner Suarez: And mine too, I think. City ofMiami Page 101 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Mr. Hannon: No problem. We'll start with BC. 6, Education Advisory Board. The City Manager has nominated Charles M. Auslander as an ex-officio nonvoting member to the Children's Trust representative seat, which requires Commission approval. Chair Sarnoff. BC. 6? Mr. Hannon: BC.6, yes, sir. Vice Chair Gort: That's -- Mr. Hannon: Education Advisory Board. Commissioner Carollo: Move it. Chair Sarnoff. We have a motion. Vice Chair Gort: I have one, too. Guillermo Revuelta. Mr. Hannon: Sir, there are certain requirements within the code that we have to follow regarding noticing, and so we have that -- him currently as your appointee, but it'll have to wait til May. Vice Chair Gort: Okay. Mr. Hannon: Okay, sir. Chair Sarnoff. So the motion as standing, we have a motion. Is there a second? Vice Chair Gort: Second. Chair Sarnoff. Second by Commissioner Gort. All in favor, please say "aye. " The Commission (Collectively): Aye. Chair Sarnoff. Okay. BC.7 RESOLUTION 13-00368 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Michelle Spence -Jones FOP City ofMiami Page 102 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 IAFF 13-00368 EOAB CCMemo.pdf 13-00368 EOAB Current_Board_Members.pdf NO ACTION TAKEN BC.8 RESOLUTION 13-00369 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. BC.9 13-00370 APPOINTEES: NOMINATED BY: Commissioner Frank Carollo City Manager Johnny Martinez 13-00369 Finance CCMemo.pdf 13-00369 Finance Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Tomas Regalado Chair Marc David Sarnoff Chair Marc David Sarnoff Vice Chair Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez 13-00370 Homeland CCMemo.pdf 13-00370 Homeland Current_Board_Members.pdf City ofMiami Page 103 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 NO ACTION TAKEN BC.10 RESOLUTION 13-00371 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL ASAMEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort 13-00371 MSEACCMemo.pdf 13-00371 MSEA Current_Board_Members.pdf 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-13-0149 ToddB. Hannon (City Clerk): BC.10, Miami Sports and Exhibition Authority. Vice Chair Gort is reappointing himself. Vice Chair Gort: Yes. Commissioner Carollo: Move it. Chair Sarnoff Second. I'm sorry, is there a second? Sorry. Is there a second? Can you take me off? Vice Chair Gort: Uh-uh. Chair Sarnoff All right. There's a sec -- we have a motion by Commissioner Carollo. Is there a second? Commissioner Suarez: Second. Vice Chair Gort: Second. Chair Sarnoff Second by Commissioner Suarez. I guess you could vote yourself but probably nicer not to. All in favor, please say "aye.' The Commission (Collectively): Aye. BC.11 RESOLUTION 13-00372 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FORATERM AS DESIGNATED HEREIN. City ofMiami Page 104 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 APPOINTEE: NOMINATED BY: Jonathan Burgess City Manager Johnny Martinez 13-00372 PRAB CCMemo.pdf 13-00372 PRAB Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0150 Todd B. Hannon (City Clerk): BC.11, Parks and Recreation Advisory Board. The City Manager has nominated Jonathan Burgess for Commission consideration and approval. Chair Sarnoff And Commissioner Suarez has one. You're waiving yours or --? Commissioner Carollo: Move it. Chair Sarnoff I think on BC.11. Commissioner Suarez: Yeah, I'm waiving mine. Chair Sarnoff Okay, so now we have a motion by Commissioner Carollo. Vice Chair Gort: Second. Chair Sarnoff Second by Commissioner Gort. All in favor, please say "aye. " The Commission (Collectively): Aye. BC.12 RESOLUTION 13-00373 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Marc David Sarnoff Chair Marc David Sarnoff Vice Chair Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez City ofMiami Page 105 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 BC.13 13-00374 Office of the City Clerk 13-00373 UDRB CCMemo.pdf 13-00373 UDRB Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 13-00374 WAB CCMemo.pdf 13-00374 WAB Current_Board_Members.pdf NOMINATED BY: Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez NO ACTION TAKEN END OF BOARDS AND COMMITTEES DISCUSSION ITEMS DI.1 DISCUSSION ITEM 13-00422 Office of Management DISCUSSION REGARDING A ONETIME BONUS FOR CITY OF MIAMI and Budget EMPLOYEES IN FY 2012-13. 13-00422 Summary Form.pdf DISCUSSED Chair Sarnoff DI 1 -- DI1.1 [sic]. Daniel Alfonso: Good afternoon, Commissioners. Danny Alfonso, director of Office of Management and Budget, City ofMiami. The Commission asked the Administration to provide information in reference to the possibility of doing a one-time nonrecurring pay supplement for employees at a rate of 3 percent. I want to talk about what the options are, and we're asking the Commission to give us direction as to which way we want to go. One of the options that the City Commission has is to take funds from the available fund balance of prior year and allocate it. That would require a waiver of -- Commissioner Carollo: Of the financial integrity ordinance. Mr. Alfonso: -- the financial integrity ordinance. That is one option. The other option is to take City ofMiami Page 106 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 from the current year's projected surplus and make an allocation to cover the anticipated expense. That is another option. The other option is same thing, allocate it in the next fiscal year, but that would also require a waiver of the financial integrity ordinance. In terms of the current year -- well, currently, the last report that we provided, we stated that we're anticipating a surplus of -- in excess of $13 million. That is contingent upon -- Commissioner Carollo: FIPO (Firefighters Police Officers). Mr. Alfonso: -- the settlement of the issue with FIPO. The worst -case scenario is that that could cost us $9.8 million. If that happens, clearly, we would not have $6 million available to distribute. So at this point, what we're saying is the cost of doing a 3 percent across the board for all employees that we anticipate effective September 30 of the current year will be about $6.56 million. If we put a parameter on that that only those employees that have been here for at least a year and also here September 30, it would be about $300, 000 less, so 6.3 and change -- or 6.2 and change. But basically, we're asking the Commission for direction on what is the will of the Commission. Chair Sarnoff You're recognized. Commissioner Carollo: Thank you, Mr. Chairman. I think it was pretty clear in the last Commission meeting that we were looking at a 3 percent across the board to all employees. As a matter of fact -- I'll go a step further -- I think we had calculated the numbers, and I actually gave you the name -- numbers, andl think we were pretty close, if not pretty much dead on. So I think that's what we had discussed last Commission meeting, andl thought that's where we're at. So -- now the one thing that I brought up that there was no clear discussion was with regards to timing, and that's something that I think we need to address because, you know, it might be more prudent for it to be later in this current year to see exactly where we are, especially like FIPO, you know. We need to see what's the determination 'cause that's a $10 million swing. And, you know, I'm saying 10 million approximately. It could be nine point something. It could be -- but you know. Mr. Alfonso: It could be seven; it could be six. Commissioner Carollo: Right, right. But that's a big issue. So I think that, you know, we need to have some type of conclusion with that before we actually allocate. But, you know, I thought from the last Commission meeting, you know, it was pretty -- the consensus for the most part, I think it was that it -- you know, we should, in good faith, give all of our employees that have sacrificed over the last few years -- andl don't want to --I know it's not a bonus, but it's a one-time pay -- Mr. Alfonso: One-time nonrecurring pay supplement. Commissioner Carollo: Right. Chair Sarnoff Do you want to speak? Commissioner Suarez: Sure. Chair Sarnoff Go ahead. You're recognized. Commissioner Suarez: Thank you, Mr. Chairman. The longer that I'm here, the more I get confused by how things get said up here and then get reported differently. What we talked about at the last Commission meeting was -- well, it started off -- andl have the minutes here. It was actually a discussion item by Commissioner Spence -Jones, who's not here today, combined with a budget item that was just a regular budget item, or just a regular kind of discussion over the City ofMiami Page 107 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 budget. We talked about a variety of different things. We talked about -- I talked about, specifically, about educational pay for police officers, and we talked specifically about why that pay made sense because we thought that -- and there was evidence to show that the -- that officers that were encouraged to get educated had a lower incidence of misconduct, and so that's something that we wanted to encourage. I'm such a believer in that that not only do I feel that we should reinstate that educational supplement, I think we should double it. And the reason why is because right now we're hiring certifieds, and what we want to do is we want to be competitive in salary to get certifieds from other municipalities, and if they are educated certifieds, all the better. And so we're in a competition. One of the reasons why, you know, we have trouble hiring officers is because we're not as competitive from a salary perspective. So, you know, that's whatl had talked about. I know that the cost on that is about $700, 000 to reinstate the supplement, a little bit less than that, if I'm not mistaken, right? Mr. Alfonso: Six hundred and fifty-eight thousand dollars, given the current number of police officers who have some type of degree. Commissioner Suarez: To double that is 1.2 approximately -- actually, 1.3, let's say, approximately. Mr. Alfonso: Correct. Commissioner Suarez: Okay, so we have to take a look at all of these -- and I'm going to just go on -- 'cause I have a lot of things I want to talk about here. So we have to -- and there was a lot of confusion on this issue, I have to say, because there was talk about -- and some of these priorities that I want to talk about involve last year's budget, this year's budget, and next year's budget. I think we're all in agreement -- I don't know if we're all in agreement -- I hope to say that we're all in agreement that we're not going to touch last year's budget, in other words, the reserves that were acquired and accumulated in last year's budget, which would be as -- which would require a waiver of the financial integrity ordinance. Commissioner Carollo: Right. Commissioner Suarez: So I think we're all in agreement with that. I think we have worked very hard as a Commission together to get to that point. Commissioner Carollo: Absolutely. Commissioner Suarez: And we have work to do, andl believe we're going to get there and we're going to get there very quickly, but I want to be clear that what we're talking about here, whatever we're talking about in terms of utilization of funds for what we end up deciding to do, is going to be either from this year's budget or from next year's budget, okay? So we're all in agreement on that? Commissioner Carollo: It should be from this year's budget. From next year's budget, then -- Commissioner Suarez: We haven't passed a budget. Vice Chair Gort: (UNINTET,T IGIBT ,F), yes. Commissioner Suarez: Right. But I'm just saying, if we're going to have a discussion about -- like, for example, hiring more police officers, I think we need to be sure that we're talking about whether we're hiring out of this year's budget, whether we're hiring them out of next year's budget or some combination thereof because we may want a combination of that. Vice Chair Gort: My understanding, it was a combination. City ofMiami Page 108 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commissioner Suarez: Which is fine. I just want to be clear 'cause I think there was a little bit of a lack of clarity 'cause we just talk about we want to do this, we want to do that, we want to do that, but I think we need to settle down and we need to actually clarify from what year, from what pot offunds. I think Danny and the Commissioner were very clear in saying that this year it looks like we're going to be somewhere between 7 and 13, depending on the FIPO, depending on the FIPO judgment. Commissioner Carollo: Exactly. Commissioner Suarez: When do we know when that FIPO judgment will --? We don't know when that FIPO judgment will be finally determined? Mr. Alfonso: The agreement that we signed with the third actuary -- Commissioner Suarez: Right. Mr. Alfonso: -- is that the information by the third actuary will be provided by June 1. Commissioner Suarez: Okay. Mr. Alfonso: So from that point of view, that's the deadline. You know, the issue of the FOP (Fraternal Order of Police) and the IAFF (International Association of Firefighters) attorneys and dealing with the calculation methodology, that is ongoing right now. Commissioner Suarez: So we have -- let's -- just to be clear. We have, probably to be conservative -- and we've all been very conservative and we're trying to do this in a very conservative fashion -- at best, 7 million -- at worst, $7 million from this year's budget, correct? Seven million -- the difference between 13 and the FIPO is 7 million. Mr. Alfonso: The worst -case scenario on FIPO is 9.8 million. Commissioner Suarez: Okay, so that's even worse. Mr. Alfonso: Yeah. Commissioner Suarez: So -- Mr. Alfonso: So really, you're looking maybe about 4 million. Commissioner Suarez: So to -- and so that's why it's important to have this discussion. Chair Sarnoff. It presupposes no hurricanes and pre -- Commissioner Suarez: Right. Chair Sarnoff Right. Commissioner Suarez: Right, no unexpected things, you know. Last year, we close out month 11 with a projected surplus of $8 million, and then we close out month 12 with, all of a sudden, all this found money. Commissioner Carollo: Andl apologize, but thought we were clear in the last Commission meeting. I mean -- and maybe I just understood it, but I thought that was clear already. City ofMiami Page 109 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commissioner Suarez: Which part? Commissioner Carollo: Pretty much everything that you've stated -- Commissioner Suarez: Okay. Commissioner Carollo: -- with regards to FIPO and everything. Commissioner Suarez: Well, I just want to make sure that we understand what we're talking about when we make these decisions. Commissioner Carollo: Okay, yeah. Commissioner Suarez: Because if we're talking about doing something -- an expenditure of $6 million and we have -- Commissioner Carollo: Six plus. Commissioner Suarez: Right. Commissioner Carollo: Six point five, six point eight. Commissioner Suarez: Right, 6.5. And we have -- after FIPO, the FIPO decision, only 3 million, then that doesn't balance. Commissioner Carollo: Well, that was the timing. Commissioner Suarez: Right. Commissioner Carollo: That's why I was saying instead of -- Commissioner Suarez: And so -- okay, so I -- right, and that's what I'm saying. So I'm -- that's why I want to be clear as far -- so are we saying that we don't want to make the decision until after the FIPO decision? Is that what we're first saying? Chair Sarnoff I think you have to do that. Commissioner Suarez: Okay, so that starts the conversation right there. We're not looking at making a decision until any time before -- what did you say, July]? Mr. Alfonso: I would say, you know, the July timeframe we should have much better information. Commissioner Suarez: Okay, perfect. So -- okay, so that's one aspect of it. Commissioner Carollo: And by the way, ifI may real quick -- andl don't want to cut you off. Commissioner Suarez: No, no, no. Go ahead. Commissioner Carollo: I think there was a discussion item by Commissioner Spence -Jones with regards to a one-time 3 percent pay -- Commissioner Suarez: Supplement. Commissioner Carollo: -- supplement to the police officers, andl thinkl raised the issue of City ofMiami Page 110 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 instead of the police officers, it should be across the board to fire -- to the public safety and the general employees, and that's where we discussed it. Commissioner Suarez: Agreed. Commissioner Carollo: However -- Vice Chair Gort: By -- Commissioner Carollo: -- we got into the timing, which, yes, it should be later in the year due to the fact of the FIPO. Commissioner Suarez: Now -- Vice Chair Gort: But my understanding is, the 6 or $7 million including all employees. Commissioner Carollo: Yes. Mr. Alfonso: That is correct. Vice Chair Gort: Okay. Commissioner Carollo: Yeah. That's including -- Vice Chair Gort: Okay. Commissioner Carollo: -- all employees. Commissioner Suarez: Now, one of the things thatl want to reiterate from the last discussion -- I'm sorry if I'm a little bit repetitive, but I -- the reason why I'm being a little bit repetitive is because I want to clear. I think there was a little bit of lack of clarity because we were talking about a lot of different things, different priorities and different timelines. One of the reasons why I thought this was worth looking at, and you remember, is because we were talking about doing it at the end of the year with funds that were saved, in essence. In other words, not increasing taxes -- Commissioner Carollo: No. Commissioner Suarez: -- not doing anything like that for -- you know, 'cause I think there's a little bit of a misperception, so I just want to be clear that it's -- it would not have been from tax increments, but it would have been from savings that we had acquired in the year of. Commissioner Carollo: Yes. Commissioner Suarez: Okay, so I just want to -- just so -- just let me -- you know, I'm sorry that I'm being a little bit repetitive. I just want to be clear. Commissioner Carollo: Okay. Commissioner Suarez: So that's another issue. Then we talked a lot about -- which is a priority for me andl think it's a priority for the Chairman, hiring police officers. And so my question is -- and Danny andl spoke about it over the weekend as well. Thank you, Danny, for being available on it. You know, that is -- has its own costs, you know. And you've told me -- I mean, there's been talk about it being in the $7 million range and I've heard numbers that are higher than that. So I want to get my hands around that, exactly what number that number is because City ofMiami Page 111 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 we need to -- again, I'm looking at the numbers. It's like Bill Clinton says. It's simple arithmetic, you know. It has to add up, so we have to figure out how to do this with the resources that we have. We have 13 million on the high end and then whatever we get next year, which is 16 million, I'm assuming. Andl'm assuming that we would have a similar year next year to this year. Is that not a good assumption? Commissioner Carollo: No. Commissioner Suarez: Depends on what (UNINTELLIGIBLE). Commissioner Carollo: I'll yield to the Budget director. Mr. Alfonso: Okay. Commissioner, one of the difficulties with the assumption you just made is that the financial integrity ordinance requires that until we meet that 20 percent threshold, whatever surplus we have in any given year -- Commissioner Carollo: Needs to go -- Mr. Alfonso: -- go to the reserve. So therefore, if we end this year with a $13 million surplus, I cannot use that in next year's allocation for a recurring expense. Commissioner Suarez: That's not what mean, and I'm sorry --I must have been confusing. Mr. Alfonso: Okay. Commissioner Suarez: Okay. What I meant was this year what we're looking at -- Mr. Alfonso: Correct. Commissioner Suarez: -- for whatever we do this year is at most somewhere in the vicinity of 13 million -- Mr. Alfonso: Correct. Commissioner Suarez: -- and at worst, somewhere in the vicinity of 3 million. Mr. Alfonso: Yes. Commissioner Suarez: Okay. Next year -- Mr. Alfonso: Right. Commissioner Suarez: -- we expect, if everything stays the same, next year for next year, to have some sort of a surplus, hopefully. Mr. Alfonso: Okay. Commissioner Suarez: Okay, so now -- okay, stop me and -- Mr. Alfonso: All right. So now let's talk about next year -- Commissioner Suarez: Right. Mr. Alfonso: -- by itself. Andl'm going to go back a little bit to September of 2012. We stood in front of this Commission when we approved two year's worth of contracts for our labor andl City ofMiami Page 112 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 was asked there are increases in the second year of those contracts. We know that pension was going to increase 13 percent. That was their estimate at the time. Assuming that all of the deals negotiated with the computations, et cetera, would go into place, that by itself would be 9 to $10 million in growth and expense. Commissioner Carollo: Next year. Mr. Alfonso: The second year of the contract called for a 3 percent increase on police officers' pay halfway through the year, but that's another million dollars of cost that gets added on. We know we have an election that's going to cost us possibly a million and a half dollars. We know that worker's compensation, health insurance cost, et cetera, all those things go up. So that if you look at the second year of that contract, which is now the year that we're starting to prepare a budget for, '13/'14, there would be cost increases. Barring anything changing, no service level change, no change in anything, the cost of doing business in the City ofMiami would rise 13, 14, 15, $16 million. We stated that we felt comfortable that, given the recent increases in property taxes and revenue improvements, we could absorb that growth of normal cost with the anticipated revenues. However, it is my current estimate, given the numbers that I'm looking at, that additional service enhancements beyond the existing level would require some other changes to the budget, i.e., reducing other services, reducing reserves and somehow (UNINTELLIGIBLE) the budget, raising revenues somehow or some combination thereof but it doesn't fit into the base budget. Additionally, you know, departments have put forth what their needs are. There are capital needs, fleet, personnel in certain departments that have a lot of activity going on. So it's going to be a tight budget. I think we can get there, but it's going to be a very tight budget. Commissioner Suarez: And let me just -- 'cause I think you answered my question, and thank you for helping him answer my question. Commissioner Carollo: And l just want to say one thing. That's why earlier today -- and Mr. Chairman, it was no disrespect to you or the DDA (Downtown Development Authority), but that's why you already see me -- anything from the general fund that may cost the general fund, I want to see ifI prevent that. And that's why I wanted DDA to pay for that. That's why even in the Parks Department's budget, I'm saying, hey, wait a second. You're having extra money for this, extra money for that. Well, can that go to public safety and maybe next year we should reduce it by 200, 000. That's why I got into those details, not to pick on anybody. As you see, it was two very wide -- you know, two very different departments in their areas. But that's why I'm already looking at the general fund, making sure that we're not under the notion that, hey, listen, we're going to have extra money and we could spend. And that's why I'm very cautious on the cost or the expenses that we have in the general fund. Commissioner Suarez: Andl think -- you know, andl appreciate that. I think, you know, what we're talking about here is a significant amount of money. And so, you know, I just want us to be clear andl want us to -- because the decisions that we make -- again -- andl said it at the last hearing. I actually said we can't get drunk on spending. That was my specific quote at the last hearing, which is that, you know, we have to -- whatever decision -- we've been very prudent. We've always -- we've shown a tremendous amount of prudence here -- up here. So I just want us to be clear what our resources are. I know we have a little -- now we've established that we have a little bit of time before we make this decision, so we're not in a hurry to make the decision, we should establish, number one, what our priorities are. I thinkl can speak for myself in saying our number one priority should be maintaining our residents' safety, and that should mean increasing our police officers. That should be our number one priority. And then we have to see what's left and then how do we fill our remaining priorities. I think we have -- you know, obviously, we want to -- and I'm in -- you know, I was in support of the discussion of how do we give back with some of the savings that we've acquired in the given year to our employees, but we've got to make sure that these numbers are tight, you know. You know, in terms of our City ofMiami Page 113 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 reserves, we are -- when we first -- I literally -- the Commissioners, with all due respect to the Chairman 'cause he was already here, but we really inherited, you know, a mess, you know. We - - when we came, the -- you know, our fund balance was down to 8 million. Now it's up to 50 something million. So we still have halfway to go. Andl want to commend Danny and the Commissioner because they've worked with me, and particularly, in actually creating a financial integrity plan, which is required by our financial integrity ordinance. But part of -- there's two things that I wanted to talk about because I think we -- to have this discussion, we need to have it - - a holistic discussion. And that's -- part of the plan is to contemplate selling unproductive assets, one of which is the Knight Center garage, which I know we're -- that's not -- Has there been a change in policy on that? Vice Chair Gort: No, no, no. Mr. Alfonso: Yeah, I would -- Commissioner Carollo: I'll yield to the budget -- Mr. Alfonso: Part of the plan is to look at -- Commissioner Carollo: However -- Mr. Alfonso: -- unproductive property. I don't know that that property itself has been identified as an unproductive property. Commissioner Suarez: Okay, maybe you can't characterize it as unproductive. I don't know if that was the right word to use. Commissioner Carollo: And -- Commissioner Suarez: But -- Commissioner Carollo: -- ifI may. Commissioner Suarez: Sure. Commissioner Carollo: In the past, it was looked at because there was bonds that were issued. However, those bonds are going to mature. I forgot what's the date. So in other words, instead of losing money, we're actually going to have five point something -- Vice Chair Gort: Producing about $5 million. Commissioner Carollo: -- million dollars every year -- Commissioner Suarez: Right. Commissioner Carollo: -- that now that's going to produce. So I think the timing now on that is different. And by the way, with all due respect, I told you so. Mr. Martinez: Yeah. The bonds will mature in two more years. And having said that, you're -- they're -- it's being looked at in its totality, the Knight Center, the garage, and the Hyatt, all together -- Commissioner Suarez: And let me -- Mr. Martinez: -- being analyzed. City ofMiami Page 114 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commissioner Suarez: -- rephrase the way that I phrased it 'cause I don't think calling it unproductive was the correct word. A non -core asset, I guess, is what I meant to say. In other words, it's not an asset that is at the core of what we do. So I think when we are in good times, we sometimes delve into things that are not in our core business function. And when we're in bad times, you know, we should divest ourselves of some of those things as well. Mr. Martinez: And it's being looked at as a whole, how much does it take to renovate the Knight Center? It's outdated. The Hyatt needs to do improvements. The garage has airspace and things, and it's being looked at in its totality. There's no recommendation saying it's a loser asset, let's get rid of it, or anything like that, but at least it's being analyzed. Commissioner Suarez: Andl know that there's been a variety of different options, like you said. One of it is just, like you said, keeping it, another one being potentially selling it to a semi -autonomous agency of the City, and another one just being selling it to the open market or whatever. But I'm just saying that that's one way -- 'cause our financial integrity ordinance technically requires us to replenish our reserves within two years. So I don't know how you do that unless you fire half the city and you do more cuts, more drastic cuts than what we already did, you know. You would have to sell unproduct -- you know, sorry for the word unproductive -- non-core assets; things that don't go to the core of what you do. And we have plenty of those, by the way, in the City ofMiami. So the second thing -- and we deferred it today, but the reverse red -lining litigation. Without getting too much into it -- but that's something that if we were successful in that lawsuit and that lawsuit goes to the heart of what put us in the hole in the first place, and that's why I referred to the article in the morning which had to do with the City of Miami being the nation's capital in foreclosures. By the way, that's like by a factor of 3-1, I believe, from number two, so -- ifI was correct in what was told today. So, you know, that is something that could be a substantial judgment in favor of the City, which could help replenish our reserves, and that is as a result of certain practices that led to the diminishment of our -- of the value of our properties in the City, which had a direct impact on our budget, which is how the cause of action arises. In any event, I just wanted to have a little bit more of a holistic discussion than we had last time because last time we were just kind of throwing things out there. I wanted to talk about the timing, andl wanted to talk about the priorities because I fear having this conversation without everyone being clear as to what their priorities are before making some of the decisions that we have to make. Thank you. Chair Sarnoff And just so I can pipe in -- unless you want to say something? Vice Chair Gort: Go ahead. Chair Sarnoff I want everybody to understand some things. Just with police, which is -- I'm going to harp on that -- the day before you guys are glad to get me off this dais, I'm going to still be talking about that. And in order for us to hire the 36 police officers that this chief wants to hire -- not me -- to get to 1,144, you have to delay that hiring until the very latter part of this year for the police to be anywhere close to being within budget. And that -- let me finish -- that's a strategy -- I've confirmed this -- that's being employed right now. In order to go to the 50 that I say we need right now as a result of what I consider -- I hate when Commissioners do this -- a significant issue -- and I'm not using the word "crisis," but a significant issue -- you know, andl did something for the first time. I now get the MPD (Miami Police Department) alerts. I didn't used to get them, but actually stack them now andl put them on my desk. So every three days so far, since I've been getting these, we've had a shooting in the northeast section -- in the north section ofMiami. Having said that, I think we need the 50 police officers. A little piece of news with that, Department of Justice approved us to do the certified officers, acknowledging the City ofMiami has a problem. So you have the chief out there saying need 36 cops, butt want to delay that hiring because I need to be in budget. You have me saying, I want to do 50 right now, and Danny and the chief of course, saying, you're going to throw me out of budget. Look, I City ofMiami Page 115 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 don't know if anybody really appreciates what I'm saying 'cause I think you get used to some semblance of having a callous up here. We're -- our police department does -- is completely understaffed comparatively to Atlanta, comparatively to Philadelphia, just comparatively to every city you'd like to think of us as. And until we start devoting our assets towards solving that problem, as well as the compression problem in the police department, I don't know that we're fulling -- and I'm going to use your word now -- our core function 'cause I think our core function is to allow people the safety to go to work. So I'm not going to be supportive of a 3 percent across the board anything. I'm going to support a strategy to -- twofold; one, to hire police officers in the magnitude that have suggested; two, to create -- to stop a compression problem in the police department 'cause a lateral hire could theoretically be getting paid more than a four- or five-year officer, and that shoots morale right down the, you know, hole, if you will. Three, I do agree with you, Commissioner. I would double the exact amount -- we were just at a meeting upstairs today. I have no idea whether those officers had Bachelor of Science degrees, but bet you they didn't, maybe they did. And think we've been shown that there are ways of getting better police departments. We simply need to be cognitive of that. We need to be resourced for that, and we need to strategize for that. Commissioner Suarez: Can I just go -- two additional things that we talked -- Chair Sarnoff Sure. Commissioner Suarez: -- about at the last meeting? We talked about commander pay, and that's something that's important -- Chair Sarnoff Agreed. Commissioner Suarez: -- because I know that there are people -- first of all, my humble opinion is, having been a Commissioner for three and a half years, that aside from the strategy implemented by the chief and his executive team, the most important people in the police department are the commanders because they are the ones that set the tone, for better or for worse, by the way. They're the ones that set the tone. When you have a good one, things happen. They happen effectively and crime goes down in your area. And when you have a bad one, I've seen, you know, crime just shoot up in a particular -- you know, andl've had a lot of them, by the way. I've had three or four in Flagami andl've had three or four on Coral Way, okay, which has been a tremendous source of frustration for me. But I know that there's a dis-incentive to be a commander. For some officers who can get overtime and make more money than what a full-time commander -- and by the way, a commander's job is full-time because, at the end -- in the middle of the night something happens in your district, in your area, you're going to be there. It's a salary position. It's not an overtime position. You can't have a -- you know, really a second gig. Chair Sarnoff Let me put a little meat on the bone for you right there. Commander's position, lowest paid commander, $105, 000; highest paid commander, approximately $120, 000. Police officer, making $70, 000. Commissioner Suarez: With overtime. Chair Sarnoff With overtime, it could be at 130 to 140. Commissioner Suarez: And off -duty stuff yeah. Chair Sarnoff Lieutenant position, $101, 000. There is a lieutenant that made $204, 000 last year. Now he worked his [expletive] off. Commissioner Suarez: Yeah. City ofMiami Page 116 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Chair Sarnoff Sorry to use that word. Commissioner Suarez: Twenty-four hours day. Chair Sarnoff I'll use the word "s" -- the other one, the "s" one. But he worked very, very hard. So I just wanted to put some meat on the bones for you. Commissioner Suarez: And my point is, I think we're starting to see almost differences of opinion as -- and so I think we have time. I think that was the first thing that we discovered here, that we have time. We're not going to make a decision that's going to put us at jeopardy and put the City in jeopardy. But we do need this buffet of different options. We need to know what they cost, and then we need to be able to put it together and then make a decision. Listen, we're not -- one thing that could say about this Commission since I've been here is we've never been afraid to make hard decisions. We've had to stand in the fire. We've had to make many tough choices, and we've -- you know, it is what it is. And we -- you know, and that's one thing that we've done consistently. So I would just ask with the time that we have to please give us the buffet of options. What do all these different priorities cost so that we can come up with something, design something that we can all decide on, vote on and just move on. And let me just say one last thing, please, Commissioner. Let's not use inflammatory language about these things, about whether it's politics or political or an election year, or anything like that, you know. We're here. We're all acting in good faith, and we're all working very, very hard for our city, so let's tone down the rhetoric, not that you've said it or any -- Commissioner Carollo: Oh, I know it's not me. Commissioner Suarez: Yeah. Let's tone down the rhetoric and let's keep doing what we're doing, which is our job and trying to keep our city safe. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're rec -- Commissioner Carollo. Commissioner Carollo: And just to add to what you're saying, by all means, listen, I have never shied away from discussion or debate. I welcome it, so I think this is actually very healthy. And you will see me discussing it with my colleagues here and debating here. And yeah, it's usually not my way of doing things by sending things to a third party or a publication or anything like that. I usually face to face with my colleagues in the sunshine discuss whatl think the issues is. With that said, there's a few things that want to touch upon, just adding to the discussion. First of all, the chief of police has been with us for how long, Mr. Manager? As the chief of police, I'm sorry. Chief Manuel Orosa (Police): Interim September to December and December last year to now. Commissioner Carollo: So it's approx -- so I don't have to do the math. Chief Orosa: About a year and a half. Commissioner Carollo: Okay. The irony is that a year and a half, the former police chief one of the reasons that -- of the firing was actually because he was over budget because of the overtime, so that's the irony. Anyways, with that said, let -- I want clarity on this. Is the reason that we haven't hired the additional 36 officers, whatever, to get to the 1,144 is because of budget or is it because we haven't been able to hire them on time or because ofDOJ (Department ofJustice)? So let's clam that 'cause I read that, and instead of writing back to the Herald and this back and forth, I'd rather just be up here on the dais and let's get the facts straight. City ofMiami Page 117 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Mr. Alfonso: Okay. When the memorandums come to the Budget office to approve recruitment of officers, they get signed off. We have not impeded the process. When the budget was put together, there was an assumption that there would be vacancies throughout the year. We call that attrition savings. So, yes, we did project that there would be attrition savings, and we reduced that from the budget, and some positions were anticipated would be filled only for a quarter of the year because of what happens. But we have not stopped the department from having the ability to hire officers at whatever speed it can. Commissioner Carollo: Right, so it was actually smart budgeting that we knew that the police department could not hire officers until a certain time, so why put money into the budget that we knew the police department could not hire those police officers on time? Yeah, and the reason -- listen, for the past two or three years, the money's been there to hire the police officers. Commissioner Suarez: He's got a point with what he's saying. Chair Sarnofff. No, no, no, no. Commissioner Suarez: To a certain extent. Chair Sarnofff. No, no, no, no, 'cause any delay implemented right now because they will be out of budget is a -- there is no longer an impediment from DOJ. There is no longer an impediment to go certified. Any delays visited now is a budgetary delay. Commissioner Carollo: I think -- I disagree with that, andl think -- and I'll yield to the Administration. I think they're going to disagree with that also. I don't think -- Chair Sarnofff. Well, I got to be candid. The conversation I had with Danny, the conversation I had with the Manager, and I'm going to be dead clear, was we strategized to hire the last 36 officers towards the end of the fiscal year to remain in budget. Commissioner Carollo: We're here already. We're getting towards the end of the fiscal year. Vice Chair Gort: That's it. Commissioner Carollo: We're here. Commissioner Suarez: So when are they going to -- Commissioner Carollo: Guess what? Commissioner Suarez: -- be hired? What's the start date? Chair Sarnofff. Right. There you go. I'm okay with that. Commissioner Suarez: What's the start date? Commissioner Carollo: Yeah. Hold on, hold on, hold on. But it still needs a process, you know. We still -- just because it's a lateral from another department doesn't mean, hey, you're coming from Dade County -- Commissioner Suarez: No, no. Commissioner Carollo: -- and -- City ofMiami Page 118 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commissioner Suarez: I'm not saying that. Commissioner Carollo: -- walk up -- you still have to do -- go through a process. Commissioner Suarez: No, I agree with that, but what is the start date? Commissioner Carollo: Well, we'll yield to them, but there still is a process -- Commissioner Suarez: Of course. Commissioner Carollo: -- you know. Commissioner Suarez: But I think what he wants to know is when are they starting. Commissioner Carollo: And by the way, DOJ-- Commissioner Suarez: And then when they start, let's give them the money to hire another 50 or another 100 or whatever -- right. But we need to know how much it costs. Chair Sarnoff. I think there's -- I think they're just being -- I want to be fair with the Administration. Commissioner Carollo: Cautious? Chair Sarnoff. I don't think it's caution, andl don't want to use the word coy, butt want to use the word coy and cautious. And -- 'cause I didn't know that when we allocated 1,144 officers, that there was not budgeted 1,144 officers. I'm going to be candid with you guys. I just want to be straight. When I see a police budget that says 1,144 sworn officers, I make a stupid, stupid assumption, and the assumption I make is we budgeted for 1,144 officers. True or false, I am wrong? Mr. Alfonso: Commissioner -- Chair Sarnoff. Do not -- true or false, and then you explain yourself. Mr. Alfonso: Well, let me understand the question again, 'cause I didn't -- I was -- Chair Sarnoff. Yes. Mr. Alfonso: -- thinking. Go ahead. Chair Sarnoff Did you budget for 1,144 sworn officers October 1, 2012? Mr. Alfonso: We did, not 100 percent fully funded. Chair Sarnoff Okay. Commissioner Carollo: Why? Mr. Alfonso: Because it is a virtual impossibility -- Commissioner Carollo: Exactly. Mr. Alfonso: -- to have 100 percent employment the entire year. I want to say one more thing, Commissioner, and this was part of the labor negotiation agreement. The negotiations with the City ofMiami Page 119 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 FOP yielded the knowledge that lieutenants in the police department would not be hired on a expedient basis because there's a contractual test that they have to take, et cetera, and we knew that the lieutenants would not be filled. There's -- I think there's 11 lieutenants. We agreed with the FOP to take that savings of not having those positions filled because we knew that they would not be filled. That was part of the labor negotiated agreement. Commissioner Carollo: Exactly. Mr. Alfonso: And that attrition by itself was built into the budget as part of the labor agreement, you know. In addition to that, we know that positions come and go. Officers retire today; you don't have the replacement ready to go tomorrow. There's a process. So there's vacancies that occur throughout the year. We estimate that attrition and we budget it into the budget. Chair Sarnoff Well, I got to tell you, if -- it is an incentive to tell this Commission the DOJ won't approve something and delay that. There is an incentive to do so, and that is to make sure you're within budget because you have factored in that those positions won't be allocated until the latter part of the year. And when we said to the Chief please go to DOJ and see if they would accept 50 certifieds, we got resistance, but he finally agreed to do it. And guess what? They've agreed. Now, I'm a guy like Suarez, in a way. So when do they start, Chief? When are you going to hire these 50 guys? Well, there's a process, Commissioner. And in that process, we need to have -- ands get that 'cause we've been through this for two years, this process. It doesn't put more cops on the street. It doesn't change anything. My statement is essentially accurate. Even though you have budgeted in your own mind for 1,144 sworn officers, you have not filled that budget to supply those 1,144 officers. Commissioner Carollo: Let me ask you a question. At any given time, would our budget hold 1,144 officers? At any given time, let's say, toward the latter part of the year, would our budget hold or --? Mr. Alfonso: Theoretically -- Commissioner Carollo: Yes. Mr. Alfonso: -- sure, the last couple -- Commissioner Carollo: Yeah, of course. Mr. Alfonso: -- days of the year, yes. Commissioner Carollo: Of course. Chair Sarnoff Yeah, the last couple of days of the year. Commissioner Carollo: But that's because we took into consideration that we couldn't hire them fast enough -- Chair Sarnoff Well -- Commissioner Carollo: -- because of the process. Now -- Commissioner Suarez: We took into consideration mediocrity. Commissioner Carollo: Right. And -- Mr. Alfonso: No. City ofMiami Page 120 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commissioner Carollo: Yeah. And when did we get this from DOJ? It wasn't at October 1 of last year; it was recently. Chair Sarnoff. Yeah, but who -- the fact that we're pushing this -- Commissioner Suarez: It factored in our mediocrity. Chair Sarnoff. I mean, the fact that we're pushing this -- I mean, I'm just surprised. And I'm a little frustrated, but I'm just surprised that we're discussing, cajoling, thinking, creating -- We're at 1.7 officers per thousand; New York City's at 4.7; Philadelphia, 4.5. And we're discussing, thinking about how do we get more officers. Gosh, how do we do that? Commissioner Carollo: My last point in this -- my last point is, is your notion to hire more police officers with the money instead of using -- possibility of using the 6.5 to give increase --? So what you're saying is hire more police officers, but the current police officers, current employees, don't give them any --? Chair Sarnoff. No. I'm looking for a menu of options, like I think Suarez is. Commissioner Carollo: Okay. Chair Sarnoff. Andl don't mean to call you Suarez. I meant to say Commissioner. Commissioner Suarez: No. Commissioner Carollo: That's fair. Chair Sarnoff. I want -- there's two problems with the police department. You have a morale problem. Commissioner Carollo: Exactly. Chair Sarnoff. You have -- so our eleven hundred and -- let's just assume you have 1,144 officers. Are 1,144 officers performing like 1,170 officers or are they performing like 999 officers? I think you could probably tell us any time better than that. But I'm also saying you cannot run around with a department so understaffed as what has been shown to you. I feel like I'm looking -- you know, it's like the one -eyed king -- in the kingdom, the one -eyed man is king because do I have the only eye? I know you have eyes. How can you not see we are not even a glimmer of other cities, other than Tampa, Florida? The only city that's a glimmer of us is Tampa, Florida, the only department I've seen that has such a low allocation of police officers. Andl thinkl could describe it, Commissioner, 'cause I was a cop in Hillsborough County, andl don't think they're counting the Hillsborough County cops -- or sheriff's department. Let me be more accurate. So maybe I'm wrong; maybe I'm right. But the point is you don't want to compare yourself to Tampa, Florida. You want to be comparing yourself to Baltimore, Atlanta, New York, Philadelphia. You want to be comparing yourself to vertical cities. You've become a vertical city. And I'm just struggling -- and -- so I'm going to shut up 'cause I've said what I needed to say, but yes. You've got to -- I'm going to factor that 6.5 million in additional officers. I'm also going to factor in that we're going to create new positions for officers, and I'm open to every strategy in the world. And some of you aren't, but I am, to get to the additional 100 police officers from 1,144 to 1,244, not at the end of fiscal year '14. Is there a number in there somewhere? Yeah, January, February of '14, yes. I want to get there then. We're just going too slow at this. You know, Suarez is probably thinking to himself, aren't you tired of talking about cops? I've been doing it for two years. City ofMiami Page 121 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commissioner Suarez: Well, it took us 18 months to get from -- well, I guess 24 months to get from 100 down to 30 down, and now we're going to get close to hopefully zero, and that's sad. That's a sad reality. Andl think -- and that's just getting back to our 1,140. That's not even really getting us anywhere near where we need to be. Andl think all of us experience on a very intimate level -- and we've talked about this a bunch of times. No matter what district you represent, people are continually telling you -- Chair Sarnoff You andl share Golden Pines. You andl have been to at least five meetings together. The number one issue you andl both hear, crime. Commissioner Suarez: Yeah. Chair Sarnoff Crime, crime, crime -- Commissioner Suarez: Yep. Chair Sarnoff -- crime. And these people came in and they did this and -- crime. Commissioner Suarez: Yep, agreed. And let me just say, now thatl have this newfound understanding of what my relationship with the City Manager is, according to the City Attorney, I want to -- there's been reports about, you know, increases in salaries at your executive direction, andl want to have a discussion with you about that because I think that also is a resource decision we weren't involved in and we weren't consulted on, and I'd like to talk to you about that. Chair Sarnoff So I don't know what you're going to get out of this, Danny, 'cause I don't know that you really have a consensus or don't have a consensus. I will tell you this, I share what Commissioner Suarez says, and that is, I want to find a strategy to stop compression in the police department, andl want to find a strategy to add the 50 police officers. Commissioner Carollo: I want to find a strategy also, by the way. Vice Chair Gort: Let me -- Commissioner Suarez: All right. So we're all in agreement, then, and we have two months to do it so -- Chair Sarnoff There's three of us now. Commissioner Carollo: That want to find a strategy. Chair Sarnoff And there's Commissioner Gort. Vice Chair Gort: My request is, we want to make sure whatever commitment we make to our people that we can comply with it. Commissioner Suarez: Absolutely. Vice Chair Gort: I don't want to be able to talk in here and say we're going to do this, we're going to do that, and then the funds are not there. So I want to make sure whenever strategy -- whatever strategy you put together, be realistic. Let us know what it need. We might need to increase taxes. We might need something else. Commissioner Suarez: We need to be active. City ofMiami Page 122 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Vice Chair Gort: We need reoccurring revenues. Commissioner Suarez: Andl think one of the things thatl liked about the strategy and all the things that we talked about last time -- although I did specifically say at the end that we needed to be careful -- was that we were talking about with the funds that we had available, and that's important. You know, that is going to be determined in many -- in large part on that July date, what exactly we're going to have. But the strategies are going to be dependent on what resources we have, to an extent. So, you know, we're going to -- but we have to set priorities, and we have to -- we may have to make some very tough choices, and it is what it is. I'm prepared to make them. We've been doing them for three years and six months, andl suspect we're not -- that's not going to end any time soon, so thank you. Thank you, Mr. Chair. Chair Sarnoff All right, so there's D1.1 and D (Discussion) -- Yes, sir. Sorry. Mr. Alfonso: I'm sorry, Commissioner, ifI -- I want to make sure I get something very clear on the record. We're talking about resources that are available in the current year. Those will be non -recurring resources. If we're going to make decisions about recurring resources that impact the next fiscal year -- Vice Chair Gort: Right. Mr. Alfonso: -- I can tell you right now -- you know, perhaps I'm just a mediocre budget director and we use mediocre practices for attrition, but I can tell you pretty unequivocally that once we meet the required growth and expenditures given our current estimates on revenue growth, if we're going to do service enhancements, it will likely require some changes to the base budget or increases in revenue. Commissioner Suarez: Mr. Chair. Chair Sarnoff Well, I think you have to bring that to us. Commissioner Suarez: Absolutely. Mr. Alfonso: Yes, andl will bring that to you, andl want you to understand. Vice Chair Gort: Yeah. Commissioner Suarez: Mr. Chair. Chair Sarnoff Because a budget is about competing interests, and we will decide what is the priority in those competing interests. Commissioner Suarez: May I just --? Chair Sarnoff Yes, sir. Commissioner Suarez: I just want to just address something that Mr. Alfonso said. I don't think you're mediocre, Mr. Alfonso -- Director Alfonso. That wasn't what I was referring to. Vice Chair Gort: Oh, he knows that. Commissioner Suarez: What I was referring to was our mediocre hiring practices where it's taken us two years to hire 100 police officers, not the fact that you were smart enough to budget that into, you know, our situation, but you know, the fact that we're mediocre in hiring, that's not -- you know, that is not acceptable. I don't think that's acceptable to any member of this City ofMiami Page 123 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commission. It's certainly not acceptable to the Chairman who's been talking about it every other week for the last two years. So I hope I didn't offend you in any way. I didn't mean that you're being mediocre. I just meant that it is mediocrity to accept having to take two years to hire 100 police officers, and that's just to get to our budgeted levels to what we anticipated. Thank you. Sorry about that. Chair Sarnoff And Danny, I don't want you to take offense to anything I -- Mr. Alfonso: No, I'm not. Chair Sarnoff I actually think you're a star here, and l think you're one of the best employees I've ever met. And you have been able to explain budget and budgeting to me -- I mean, I remember Michael Boudreaux, andl used to say to myself, you must be the most difficult person in the world to depose 'cause I never got the same answer twice. And from you, Danny, I've gotten the same answer every time. Now if I've made a mistake, I'll blame myself for that in terms of understanding the 1,144. I'm just saying I'm faulting myself for not under -- Mr. Alfonso: No. If we didn't make that clear, obviously, we failed there too, so -- but, yeah, we budgeted attrition into various departments. Chair Sarnoff Okay. Vice Chair Gort: Yeah. Chair Sarnoff Okay. Commissioner Gort. Vice Chair Gort: Mr. Manager, I requested, I think the last meeting, the statistics through the chief to give me the comparison -- the statistics in other city in compare per hundred thousand people. My understanding, I'm still waiting for it. Chair Sarnoff He did. He made that comparison. Vice Chair Gort: I didn't get it. Chair Sarnoff I'll give you -- before you leave today, I'll have hand delivered to you two -- Vice Chair Gort: All right. Chair Sarnoff -- of those memos. Vice Chair Gort: All right. DI.2 DISCUSSION ITEM 13-00366 City Commission ROLE OF THE SELECTION COMMITTEE FOR THE RECRUITMENT OF THE CITY ATTORNEY. 13-00366 Cover Page.pdf 13-00366 City Attorney - 2013 Recruitment Timeline.pdf DISCUSSED Commissioner Carollo: Next. City ofMiami Page 124 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Chair Sarnofff. All right. So now, DI (Discussion) -- Commissioner Carollo: Two. Chair Sarnofff. -- D1.2. Beverly Pruitt: Beverly Pruitt, Human Resources director. In your packet, there is a outline of duties for the selection committee that you've appointed to review the applications for the City Attorney position. And I'm just seeking direction from you as to how you'd like that committee to proceed. Vice Chair Gort: My under -- Chair Sarnofff. Go ahead. Vice Chair Gort: My understanding is very well stated here. You're going to be closing on the 19th, and we already appointed a committee. I understand all the committee members has been appointed. As soon as you close, I imagine they will get all the resumes, and they'll be doing all the research themselves. My understanding is, we -- they're going to select five and they're going to recommend five for us to interview, just like we did with the City Clerk, and then we'll make a decision on that. Am I correct? Chair Sarnofff. And -- That's right. But can I say something? Vice Chair Gort: Yeah. Chair Sarnofff. 'Cause I thought about something you said to me, Beverly, andl was just going to think about it andl was going to let it go. I actually am going to say I want them ranked. And I know you may think that's weird, but -- Well, let me say why, especially because of the guidelines. Vice Chair Gort: You want what? Chair Sarnofff. I want them ranked, the top five. Vice Chair Gort: Okay, yes. Chair Sarnofff. Ranked. And here's the reason. I looked at who's on this committee and this is a pretty frigging significant committee. I mean, I want to know what they think. I may choose to disregard what they think. I may choose to regard what they think. But when -- you know, when he puts Mitch Berger on this -- and I can name a few. I put Ray Abadin on this. These are pretty good lawyers. I'm just curious, what do they think. Commissioner Suarez: And, you know, I debated that as well, you know. It was -- I don't know that actually -- it was kind of the same thing. I don't know that actually made a decision 'cause Beverly asked me the question -- Ms. Pruitt asked me the question andl said, wow, you really -- that was a -- that's a tough one because there's a part of me that wants to depoliticize a little bit the process by letting these very capable committee members, you know, just rank the applicants. That makes it easier for us. There's also a part of it that's subjective. And we all know, picking law firms, picking lawyers is a very subjective process. So I struggled with it as well. One of the things I also -- and I don't mean to go off on a different tangent, but it's important to me -- is, you know, just making sure that we don't discourage people who have private sector experience, you know. We obviously -- we -- you know, we have things in our ad that talk about, you know, requirements of public sector. Maybe that should be a preference, but not an absolute requirement because if someone -- you know, we had a great City Manager here City ofMiami Page 125 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 named Carlos Migoya. He had absolutely no public sector experience whatsoever. Vice Chair Gort: We sure -- we trained him well. Commissioner Suarez: Yeah, exactly. Now he has a lot of public sector experience. Vice Chair Gort: We trained him well. Commissioner Suarez: So I'm not saying that that's what we're going to get, but -- What's that? Commissioner Carollo: That may not be the norm either. Commissioner Suarez: No, and it's not the norm. I don't think it is the norm at all. I think that's the -- it's very much the exception, but I don't think we should close ourselves off to that possibility by being overly restrictive. We may not get -- Chair Sarnofff. What do we have, a ten-year requirement? Commissioner Suarez: Ms. Pruitt, can you kind of elaborate a little bit on that? Commissioner Carollo: And Ms. Pruitt, how many -- Vice Chair Gort: It's five years with governmental experience. Commissioner Carollo: -- applicants do we have of date -- as of date? Ms. Pruitt: As of -- Commissioner Suarez: Twenty-eight. Ms. Pruitt: -- date, we have 35. Commissioner Suarez: Oh, 35. Commissioner Carollo: We have 35? Ms. Pruitt: Yes. Commissioner Carollo: And when is the closing? Ms. Pruitt: April 19. Vice Chair Gort: Nineteenth. Commissioner Carollo: Okay. Vice Chair Gort: We still have a week. Chair Sarnofff. So -- I'm sorry. Is there a requirement? Ms. Pruitt: Yes, there's a requirement. They must have ten years progressively responsible legal experience, of which at least five years in public sector and local government law. Chair Sarnofff. At least -- City ofMiami Page 126 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Ms. Pruitt: Five. Chair Sarnoff -- five years public sector. Commissioner Carollo: And local government or government. Commissioner Suarez: Could that be like preferred instead of like a fixed requirement? I mean, I think that -- Commissioner Carollo: (UNINTET,T IGIBT ,F) too late. Commissioner Suarez: No. We can open up -- we can extend a little bit the application time, the open period. Ms. Pruitt: When we posted the position, we posted based on the job announcement, and it does list it as a minimum requirement. Commissioner Carollo: Yeah. Commissioner Suarez: Right, that's what I'm saying. Vice Chair Gort: Five years of government -- Ms. Pruitt: Five years in public sector and local government law. Vice Chair Gort: Requirement? Ms. Pruitt: Yes, sir. Having ten -- Vice Chair Gort: In other words, they got to have five years -- Ms. Pruitt: And five of the ten years can be in public sector and -- is required to be in public sector or -- Chair Sarnoff So -- Ms. Pruitt: -- local government law, which could be -- Chair Sarnoff Right. So Suarez is saying he wants the requirement taken out -- Commissioner Suarez: Not taken out. I just think it should be -- Chair Sarnoff No, no. Commissioner Suarez: -- a preference, not a -- Chair Sarnoff You're saying recommendation. Commissioner Suarez: Right, right. Chair Sarnoff Strongly urged recommendation. Commissioner Suarez: Right. It's a preferred versus a require -- a hard and fixed requirement. I've looked at the Charter. I don't think there's anything in the Charter that would prohibit us from doing that. I just think that we're kind of closing ourself off. Thirty-five is a decent number. City ofMiami Page 127 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 I think we're at a decent number, but I think we could, you know -- potentially, you know, we may be closing ourselves off. I don't know, maybe not. Listen, if you -- you guys don't agree with that Ms. Pruitt: Let me clam the 35 are just 35 applicants. Because it has not closed, we've not screened those applicants to -- Commissioner Suarez: Correct. Ms. Pruitt: -- see that they meet the minimum requirements at this point. Commissioner Suarez: And also, we may get more -- Ms. Pruitt: Yes. Commissioner Suarez: -- with the time that we have too. Ms. Pruitt: Yes. Commissioner Suarez: We have some more time. Ms. Pruitt: So April 19. Chair Sarnoff. April -- so could we -- I'm actually -- I'm curious. Commissioner Suarez: We're confining ourself to the government law world. Chair Sarnoff. Yeah. I'm actually curious like you are. Who's going to apply? Who's out there? And you have this super committee, with you having, by the way, the biggest pick, I'll concede that. Why not let them do their job? Let them filter out whether they think it's an absolute need, and then we'll make a determination. Commissioner Carollo: Let me ask you something, and excuse my ignorance. Have you ever sat in one of those committees? They're going to have to go through 35 resumes, okay. That's a lot of work for someone on a volunteer basis. So if we're starting to now cut some of the requirements, it's definitely -- I would suspect it's going to generate more applicants, but listen, five -- I think five-year requirement, I think that's reasonable. I mean, if -- you know, that's my personal opinion. Chair Sarnoff Okay. Commissioner Carollo: I think five-year requirement is reasonable. Commissioner Suarez: Yeah. I mean, my only concern is that we're not even -- we're basically discouraging anyone that's from the private sector that has no governmental law ex -- You could have a 40-year corporate attorney who's the managing partner of a major law firm that has managed, you know, 2,000 attorneys, that is a multimillionaire, that -- Commissioner Carollo: That's going to come -- Commissioner Suarez: Oh, yeah. I mean, that's what Carlos Migoya did, you know. I mean, you have somebody who decides, look, for a public service, I want to do this, you know. Maybe it happens, maybe it doesn't. It's fine. Chair Sarnoff. I'm actually siding with you, so where's Gort on this? What do you think? City ofMiami Page 128 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Vice Chair Gort: You require minimum five-year requirement governmental -- experience in governmental law or working with a city or working with the state or working with someone. Ms. Pruitt: Yes. Vice Chair Gort: Minimum five year. If they don't have those five years, automatically they're out. Ms. Pruitt: They're not qual -- according to the minimum requirements we posted. Chair Sarnoff. So where -- Vice Chair Gort: I'm not an attorney. I'd have to -- Chair Sarnoff. What are your feelings? What are your layperson feelings on that? Vice Chair Gort: I want to make sure that we get the best that is available -- Chair Sarnoff. Well, it's a qualification -- Vice Chair Gort: -- because the Law Department, I think the qualification is very important. As an attorney of -- I'm not an attorney, so I've deal -- I've dealt with attorneys before and I've seen very capable attorneys, and we have the experience ofMigoya. Everybody -- we were criticized when we first selectedMigoya; he didn't have any experience. But he was a good administrator and he knew his numbers, and he did the job. I don't know if the law -- in the law, it will work the same way. Commissioner Suarez: I mean, I just think it's a door we're closing on ourselves by not doing it. It's not the end of the world, one way or the other. I mean, I just think, you know, the selection committee, like you said, is a premiere committee. I think we all had great choices, and they're going to -- it's not a -- it's just loosening the standard. It's not making it a requirement in the sense that, you know, the committee might think that that's a preference that's really needed. They may think that there's somebody that's so special, so stellar that they're willing to overlook that. And at the end of the day, it's our decision anyways. But I mean, it's really -- you know, it's up to the board. I mean, it's up to you all. Chair Sarnoff. I'm actually in favor of it, Commissioner, so I've always been intrigued by -- I actually agree with you. You could get a 60, 55-year-old -- and not because of age -- but you get what I'm saying -- a very, very experienced lawyer -- Commissioner Suarez: Multimillionaire. Chair Sarnoff. -- who says, I've made enough money. I have managed any number of offices, and -- I don't mean to put down in any way, shape or form, but the body of law necessary to know municipal law is not that vast. Commissioner Carollo: Okay, but let me ask you something. Chair Sarnoff. Well, it's Chapter 160, Madam City Attorney. It's -- Julie O. Bru (City Attorney): Sorry. I'm so sorry. Commissioner Carollo: Hold on, hold on. City ofMiami Page 129 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Chair Sarnofff. I try not to give plumber advice either. Commissioner Carollo: Hold on. But just a few months ago, in order to get someone to sit here and act as our city attorney, man, we needed to get all these qualifications and all this stuff that, I mean -- Commissioner Suarez: Yeah, the -- Commissioner Carollo: I don't know. Commissioner Suarez: And the person that we chose has no -- Commissioner Carollo: I'll tell you what. Commissioner Suarez: -- governmental -- Chair Sarnofff. Experience. Commissioner Suarez: -- experience. That's my point. Unidentified Speaker: He's right, you know. Chair Sarnofff. His point is you -- Commissioner Suarez: Yeah. He has no governmental experience. He's a great lawyer. Chair Sarnofff. Because he -- Commissioner Carollo: 'Cause he -- Chair Sarnofff. Right. Commissioner Suarez: He's a great lawyer, and he's someone that, you know, had tried some big cases and he was a great lawyer, but -- it's your appointee. He was a great lawyer; has no governmental experience. He acted as our city attorney and did a great job, by the way. The legal memo was fantastic that we got on that issue. I'm not saying that that's the way we should go. I'm just saying that that's a possibility. Commissioner Carollo: What, you want to ask Mitch Berger to come and be that --? Commissioner Suarez: I don't think we can afford him. And I'm not saying we can afford -- Chair Sarnofff. I don't think Mitch is done, but ten years from now, Mitch Berger might do it. Commissioner Carollo: Again, I don't know. I just seen that, you know, many times when someone says they're an attorney, you ask what type of attorney are you. And you don't necessarily want a divorce attorney somewhat, you know, representing you in a criminal case, or you don't want -- Chair Sarnofff. Agreed. Commissioner Carollo: -- a criminal attorney necessarily representing you -- Vice Chair Gort: Although I heard they can be very aggressive. City ofMiami Page 130 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commissioner Carollo: Well, they could, but I don't think you want them representing -- a criminal attorney representing you in a, I don't know, contract case or a statutory case or -- you know, so I don't know. I just heard -- I just many times have, you know, see that, oh, you're an attorney? What type of law do you practice? And that seems to be a big deal, so. Chair Sarnoff And when they say general practitioner, you should run. I don't know. What do you want to do? You want to leave it the way it is? You want to go -- you want to -- Commissioner Carollo: I think just keep it the way it is. That's my preference, but, you know -- Chair Sarnoff What do you want to do, Commissioner? Commissioner Carollo: -- I'm open. Vice Chair Gort: Leave it the way it is. Chair Sarnoff All right. We're at a stalemate. Commissioner Suarez: All right. Commissioner Carollo: Let's do it. Chair Sarnoff All right. Vice Chair Gort: Now -- Chair Sarnoff Can we rank them? Ms. Pruitt: If that's your -- Vice Chair Gort: Yes. Ms. Pruitt: -- charge to the committee -- Chair Sarnoff I'd like -- Vice Chair Gort: Yes, I'd like to see them ranked. Chair Sarnoff -- a ranking. Vice Chair Gort: Yes. Ms. Pruitt: I will change that on this document. Chair Sarnoff Yeah. Ms. Pruitt: Any other changes to this document you'd like to see? Vice Chair Gort: No. Ms. Pruitt: So, all right. Commissioner Suarez: All right. Chair Sarnoff All right. City ofMiami Page 131 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 2:00 P.M. ES.1 13-00423 END OF DISCUSSION ITEMS EXECUTIVE SESSION EXECUTIVE SESSION Office of the City UNDER THE PARAMETERS OF F.S. §286.011(8) [2012]. THE PERSON Attorney CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASE OF: GILBERTO MATAMOROS VS. CITY OF MIAMI, ET AL., CASE NO.: 12-21016-CIV-HOEVELER, PENDING IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, TO WHICH THE CITY IS PRESENTLYA PARTY. THIS PRIVATE MEETING WILL BEGIN ATAPPROXIMATELY 2:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN MARC SARNOFF, FRANK CAROLLO, WIFREDO GORT, FRANCIS SUAREZ, AND MICHELLE SPENCE-JONES; THE CITY MANAGER, JOHNNY MARTINEZ; THE CITY ATTORNEY, JULIE O. BRU; DEPUTY CITY ATTORNEY, WARREN BITTNER; AND ASSISTANT CITY ATTORNEY HENRY J. HUNNEFELD. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. 13-00423 Memo - Office of the City Attorney. pdf 13-00423 Notice to the Public.pdf DISCUSSED Chair Sarnoff (UNINTET,T IGIBT ,F) to the executive session, item ES.1, scheduled for 2 o'clock, which we agreed to do at 3. Before we recess for the executive session, Madam City Attorney has a statement that needs to be read into the record. Julie O. Bru (City Attorney): Thank you, Mr. Chair, and good afternoon. On March 28, 2013, under the provisions of Section 286.011(8) Florida statutes, the -- I requested that this Commission meet in private to discuss pending litigation in the case of Gilberto Matamoros versus City ofMiami, et al., case number 12-2106 -- 016, it's civil, Judge Hoeveler, pending in United States District Court, Southern District of Florida. The City Commission approved my request and we will now, at approximately 5 after 3, unless you're going to take up another item first, Mr. Chair -- City ofMiami Page 132 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 (ES.1) 13-00423a Chair Sarnofff. I would, but I don't see another Commissioner. Ms. Bru: Okay, we're going to commence the private -- Commissioner Suarez: Okay. Ms. Bru: -- attorney -client session. Chair Sarnofff. We could -- Commissioner Suarez: I just feel -- well, I feel bad because School Board Member Dorothy Bendross-Mindingall is here on that item andl -- maybe we can open -- ChairSarnofff (UNINTET,T IGIBT ,F). Commissioner Suarez: -- up the public hearing in the meantime and see if anyone --? Chair Sarnofff. (UNINTET,T IGIBT ,F). We'll do that. We can do it. Commissioner Suarez: Okay. Ms. Bru: Okay, so let me just finish. Chair Sarnofff. You're recognized. Commissioner Suarez: Thank you. Thank you, Mr. Chair. Ms. Bru: Can I just finish this statement -- Commissioner Suarez: Sure. Chair Sarnofff. You're recognized. Ms. Bru: -- 'cause the Clerk needs to get this on the record. Commissioner Suarez: My apologies. Ms. Bru: So the session will conclude at approximately 4 o'clock, which time the regular City Commission meeting will resume. The session will be attended by the members of the Commission: the Chairman, Marc Sarnoff, Commissioner Carollo, Commissioner Gort, Commissioner Suarez, and Commissioner Spence -Jones; the City Manager, Johnny Martinez; myself, the City Attorney; Deputy City Attorney Warren Bittner. A certified court reporter will be present to ensure that the session is fully transcribed and the transcript will be made public upon the conclusion of the litigation. Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY GILBERTO MATAMOROS, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $100,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ATTORNEYS FEES AND COSTS, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CASE STYLED GILBERTO MATAMOROS VS. CITY OF MIAMI, ETAL., PENDING IN THE City ofMiami Page 133 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 12-21016-CIV-HOEVELER, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI AND ALL INDIVIDUAL DEFENDANTS WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000. 13-00423a Memo - Office of the City Attorney. pdf 13-00423a Memo - Financial Signoff.pdf 13-00423a - Legislation.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones R-13-0148 Chair Sarnoff (INAUDIBLE) convene the public hearing -- public meeting. Madam City Attorney, would you like to make an expression? Ms. Bru: Yes, Mr. Chair, members of the Commission. Following up on our session, I would like to present a motion for your consideration that we can then memorialize as a resolution of the City Commission that would approve a settlement in the case of Gilberto Matamoros versus City of Miami in the amount of $100, 000. Chair Sarnoff All right. There's a motion -- is there a motion? Vice Chair Gort: Move it. Chair Sarnoff Motion by Commissioner Gort. Commissioner Carollo: Reluctantly, second. Chair Sarnoff Reluctantly seconded by Commissioner Carollo. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. END OF EXECUTIVE SESSION City ofMiami Page 134 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 PZ.1 12-00252za PART B: PLANNING AND ZONING ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL BY GILBERTO PASTORIZA, AFFIRMING OR REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY UPHOLDING OR REVERSING THE ZONING ADMINISTRATOR INTERPRETATION 12-0001 DATED FEBRUARY 16, 2012, REGARDING ACCESSORY PARKING. 12-00252za CC 04-11-13 Fact Sheet.pdf 12-00252za PZAB & ZoningAdm. Appeal Docs.pdf 12-00252za CC Legislation (Versions 3 & 4).pdf 12-00252za Exhibit.pdf LOCATION: Citywide APPELLANT(S)/REQUESTOR(S): Gilberto Pastoriza, Esquire, on behalf of Barlington Group, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial of the appeal and uphold the Zoning Administrator's Interpretation. PLANNING, ZONING AND APPEALS BOARD: Denied the Zoning Administrator Interpretation appeal on April 4, 2012 by a vote of 5-3. PURPOSE: The approval of this appeal may result in the reversal of a zoning interpretation regarding accessory parking. Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Note for the Record: Item PZ.1 was deferred to the June 13, 2013 Commission Meeting. Chair Sarnoff Okay, I'm just running through the PHs (Public Hearings). PH.2 then -- wait, you wanted to do PZ.1. Commissioner Carollo: Yeah, PZ.1. Can we defer PZ.1 to what, the first meeting in May? Todd B. Hannon (City Clerk): The first meeting in May will be May 9. Commissioner Carollo: Okay. Chair Sarnoff Take it as a motion by Commissioner Carollo. Is there a second? Vice Chair Gort: Second. Chair Sarnoff Second by Commissioner Gort. Francisco Garcia, you're recognized for the record. City ofMiami Page 135 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 D2.1 13-00285 Francisco Garcia: Thank you, sir. Francisco Garcia, Planning and Zoning director. I heard the item being introduced as I was in the backroom, and l just wanted to say the following. This actually is an appeal by a private party and not the City's item, therefore. And in conversations with the attorney who originally filed the appeal, what he had requested for your consideration is to have the matter deferred for 60 days approximately, if that suits your -- Commissioner Carollo: That's fine. Deferral for 60 days or -- Mr. Hannon: 'Til June 13. Commissioner Carollo: -- the June 13 meeting. Deferral to the June 13 meeting. Mr. Garcia: It is very likely we will not have to hear it, but that's a prudent date to defer it to. Thank you. Chair Sarnoff Seconder accept the change? Vice Chair Gort: Yes. Chair Sarnoff All right. We have a motion to defer for 60 days. Any further discussion? Commissioner Carollo: To June 13. Chair Sarnoff June 13. Any further discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 VICE CHAIR WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 CHAIR MARC DAVID SARNOFF DISCUSSION ITEM CITY'S FAILURE TO HANDLE CODE ENFORCEMENT AND RIGHT-OF-WAY ISSUES IN DOWNTOWN. City ofMiami Page 136 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 13-00285 Email - City's Failure to Handle - Issues in Dwntwn.pdf WITHDRAWN Chair Sarnoff All right, so District 2 pages. Vice Chair Gort: Thank you. Chair Sarnoff I am withdrawing D2.1, Mr. Hannon. D2.2 DISCUSSION ITEM 12-01466 D2.3 13-00283 D3.1 13-00432 DISCUSSION REGARDING CONTRACTORS' NEGLIGENCE IN FAILING TO PROTECT TREES. 12-01466 Contractor's Negligence - Failing to Protect Trees.pdf WITHDRAWN Chair Sarnoff I am withdrawing D2.2. DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 13-00283 Status - Hiring Police Officers.pdf DISCUSSED Note for the Record: Refer to item DI1 for minutes referencing item D2.3. Chair Sarnoff I feel like I have discussed D2.3, so the Chiefs probably thinking, whew, good. END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO DISCUSSION ITEM RESOURCES OF THE BUILDING DEPARTMENT TO MEET DEMAND OF THE RECENT INCREASE OF CONSTRUCTION/PERMITS. 13-00432 Email - Recent Increase of Construction/Permits.pdf DISCUSSED Chair Sarnoff We're up to District 3 pages. And D3.1, you're recognized for the record. Commissioner Carollo: Thank you, Mr. Chairman. I would defer one of them, the financial City ofMiami Page 137 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 integrity principle. I think we still need to work with that. However, there's one area that just as of last week, I'm even more concerned, and I don't know how many of you know or not or -- Well, I'll yield to the Manager. But the bottom line is, listen, even discussing our next year's budget predictions, one of the main issue is with regards to additional revenues. And we're all seeing it, you know. We're substantiating that the economy is slowly turning around and we can substantiate that. And as a matter of fact, we had the presentation by Alicia Cervello [sic], andl forgot, Jack Lowell? Chair Sarnoff Jack Lowell. Commissioner Carollo: You know, and you know, andl stated, yeah, we could substantiate that because the volume of permits coming through the City has increased. And we could foresee that there's going to be a lot more construction in the near future. However, I'm concerned that we may not meet the demand of the construction industry. So I want to see if we have the adequate resources in the Building Department. Andl think as of last week, from what I've been told, we may have a -- Johnny Martinez (City Manager): A big hole. Commissioner Carollo: -- big hole to fill. So I'll leave it at that, and -- Chair Sarnoff Why don't you step up, Mariano -- Commissioner Carollo: Yeah. Chair Sarnoff -- and we could all say goodbye to you. Commissioner Carollo: Mr. Fernandez, could we address that because it really is a concern because if we're counting with these additional revenues --? Listen, I believe that when the private sector and a lot of these developers -- andl want a caveat, smart growth. I believe in smart growth. But with that said, this is going to be revenues that's going to be coming into the City ofMiami, but at the same time, it needs to go through a process, the construction, andl believe that government should, to a certain degree, be able to help the private industry as -- instead of putting obstacles in their way. So I want -- and what do I mean by that? Okay, we obviously need to do certain inspections, but they should be in a timely manner. When they pull a permit, it should not take hours and hours and maybe days, okay. So we should have certain policies in order -- and not only that, the right amount of personnel. Andl don't know what that right amount of personnel -- and my background is definitely not in construction or real estate. However, I think it's something that we need to address and I'm concerned because, listen, the building boom, it's happening. It really is happening. And I'm concerned that we are going to be, unfortunately, putting obstacles in a lot of these developers' way where, in all fairness, we should somehow be able to accommodate. Andl say that in a way -- andl say accommodate where we should do the inspections that we need to do and make sure that there's safety. But at the same time, it should be done in a -- Commissioner Suarez: Expeditious. Commissioner Carollo: -- expeditious way. Mr. Fernandez. Mariano Fernandez: Good afternoon. Mariano Fernandez, Building director. Mr. Chairman, Commissioners, I think the Building Department has been working extremely close with the budget and the management and the Manager in trying to provide enough personnel without overlimiting ourselves in things that in the future, it maybe had to come back to you for attrition -- forced attrition. So we have been trying to balance between the creation of the phase permits, the support by private providers and the personnel that we have, a full and complete staffing on City ofMiami Page 138 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 the Building Department. I'm very confident that with the personnel that we have right now, plus the additional personnel that is going to be presented to you in the midyear budget and at the end of the -- for the next fiscal year. Chair Sarnofff. How many is that additional you're asking for? Mr. Fernandez: I'm -- right now with five for the midyear and another five for the -- or seven for the next fiscal year. Commissioner Carollo: I'm sorry. Say that again. Five for midyear. Mr. Fernandez: Five for mid -- seven. Seven and five. Commissioner Carollo: So seven -- Mr. Fernandez: The other way around. Commissioner Carollo: -- for midyear -- Mr. Fernandez: Correct. And five for the next fiscal year, in addition to what currently have, which the department has duplicated in the last two years the number of personnel. I feel really confident, Commissioner. I wouldn't say otherwise. You need to remember the -- I'm expecting two more years of big boom, especially in the downtown area. All those phase permits are converting by this summer into full building permits. At that point, we're going to need additional personnel, which that's why we created the midyear adjustment and the next fiscal year adjustment. If we overreact and we add additional personnel to the ones that we have been studying with the budget department, we're taking the risk that, unfortunately, in three years or four years from now, we'll have to come back the Building Department in front of the City Commission and say, we're overstaffed. We're going to need major attrition, and we're going to need to lay off some personnel because we cannot meet the budget. Commissioner Carollo: Okay. Andl appreciate you saying that. And again, doing it in a smart way that, you know, we don't budget more personnel than we need to, let's say, in the beginning of the year. We're doing it midyear, which is actually proper budgeting and the correct way that it should be done. And l just want to make sure that we can meet the demand that's out there that we're seeing. You know, what I don't want is people in the construction building and real estate be so frustrated with the City ofMiami that they don't want to invest here -- Commissioner Suarez: That's exactly right. Commissioner Carollo: -- you know. And that's exactly what really -- that's -- Commissioner Suarez: That's what's happening. Commissioner Carollo: -- the intent of this discussion item. Mr. Fernandez: Commissioner, remember, the Building Department reacts to the services and the level of service that this Commission wishes. My understanding is -- and this is what we have been working at least for the last two years -- the building inspections should be done -- and I'm going to talk about the Building Department. There's another three departments involved in construction. Each one of them, they maybe have a different level of service and personnel problems. But in the Building Department, we take (UNINTELLIGIBLE) to do the inspections within 24 hours that you call, except during the weekends. So if you call on Friday, probably your inspection will be done on Monday morning. So we have been complying with that, and (UNINTELLIGIBLE) some issues that we had that we have been trying to work out between the City ofMiami Page 139 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 union and the Manager in maybe allowing some additional overtime for the future if the need arises during the summer or in the fall and budgeting for that money. We have been complying with the 24-hour level of service. Andl think everybody in the industry is pretty happy with the City ofMiami. In the plans review section, we try to do within seven to ten days. Andl will say, at least for the last two years, all the plans in the Building Department -- not in the other departments, once again -- they have complied for the residential in 7 days, and within 30 days for any commercial projects, which is, I will say, equal or better of any other municipality in Miami -Dade County. So I think that you should be very proud of the personnel that you have in the Building Department. I mean, it's not the director. It is a team effort. Unless I have the personnel and have the people working for me, I cannot shine. So if they shine -- if the Building Department shine, it's not only because of the director. So I think that today the Building Department in the City ofMiami has complied with the level of service. If this Commission wants to change the level of service, then the City -- the Building Department and the Building Department director, we may adjust the personnel as needed. Let's say, for example, that you consider that the inspections can wait two days, not 24 hours. Then I don't need so many inspectors because I don't have to react to the phone calls in a daily basis. If you will say, well, the building permit can take a month, the residentials. Then I won't need as many plans reviewers. Why? Because it can take longer for a plan review to review what they need to do and not in one or two days. So it's all a level of demand and offer. If this Commissioner [sic] wants to change the level of service, I will change the level of service that I'm requiring in personnel. But right now, I think everybody should be happy with what we have. Mr. Martinez: Commissioner, may I add something? Commissioner Suarez: I got to jump in there too off your -- Can I? Chair Sarnofff. Go ahead, Mr. Manager. Commissioner Suarez: Yeah. Mr. Chair -- Mr. Martinez: No. Chair Sarnofff. Let the Manager -- let him -- Commissioner Suarez: Go ahead. Mr. Martinez: I mean, I think can just add a little bit to what Mariano said. And we've been working very closely together anticipating this increased, you know, construction and permitting. And what we've done is we've tried to balance -- so that we're not here in front of the Commission a year from now saying we need to lay off 10, 15, you know, 20 employees. So we've got -- have a midyear adjustment with 5 or 7 employees, and we've also hired consultants to help fill the gap because at the end of the day, if construction slows down, we can just end the services of the consultant and not have to lay anybody off. Also, another thing that we've done is people that were laid off in the past, we've rehired them to -- you know, given them first priority and rehired them -- reemployed them to help with the plans processing and permitting. Commissioner Suarez: Mr. Chair. Chair Sarnofff. Commissioner Suarez. Commissioner Suarez: Thank you, andl apologize, Commissioner, for jumping in on your discussion item, but I'm really glad you put it on the agenda. You know, I'm concerned -- you know, I've been one of the ones -- well, we've all harped on the turnover that we're seeing, and I'm very concerned about the fact we're obviously losing Mr. Fernandez, who I think is a phenomenal employee, who's our -- who has two roles as Building director and statutory City ofMiami Page 140 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 building official, you know. We know we had a turnover at the Zoning Administrator position recently, andl know how hard and how professional our Planning director is, and I'm afraid that he is being asked to do all those jobs. And I'm starting to see a little bit of what Commissioner Carollo's talking about. And there are many -- there are some people that believe that the turnover doesn't have an impact on our residents. And what you have to understand is that there is a cycle, and it goes the way that the Commissioner just explained, you know. An investor will invest money with a developer. Okay, that developer will pull permits on a project. If that pro -- if those permits aren't done timely, then he can't guarantee a rate of return on his investment to his investor, so his investor pulls out. The developer goes under. The contractor goes under. We don't get the permit revenue. We don't get the construction. We don't get the tax revenue. We can't hire police officers. Our crime goes up, okay. So there is -- this is all intertwined. There is a connection between all of these things. If we're not being managed in a way that is not -- that is stopping this cancerous turnover that we've had for the last few years, we're just going to continue to see things get worse and worse and worse in our City, in a city that deserves much better. Thank you. Commissioner Carollo: And Mr. Chairman. Chair Sarnofff. You're recognized. Commissioner Carollo: Yes. And by the way, Commissioner, you stated it very eloquently, and that's exactly my point. So even with this, yeah, ultimately, I'm looking at the budget once again. I'm -- you know, 'cause this ultimately is going to affect our budget. I mean -- and right off the bag [sic], we said, listen, we're going to have an increase in expenses, but at the same time, we're going to have an increase in revenues. Well, this is where the revenues is coming from. So that's why I want to make sure that in this boom -- Commissioner Suarez: (UNINTET,TIGIBT,F) capture it. Commissioner Carollo: Right. Commissioner Suarez: Capture. Commissioner Carollo: -- we capture as much as we can andl don't have investors and -- Commissioner Suarez: Pulling out. Commissioner Carollo: -- contractors pulling out or frustrated with the City ofMiami and not wanting to invest here, going somewhere else. Chair Sarnofff. Our permitting department is very much akin to the Rickenbacker Causeway, and it's very much to the tellers right there. Either you have enough tellers there or you have lines that back up all the way to Brickell. At a certain point in time, a number of people say, you know what, I don't need to go to Virginia Key that bad and they turn around. And what you're saying is, I don't want any developer turning around. I need to have the requisite number of tellers or requisite number of toll operators to take in as much revenue as possible without tipping over and having too many of them -- Commissioner Carollo: Yeah. Chair Sarnofff. -- so that I don't have tellers sitting there -- Commissioner Suarez: Got to find the sweet spot. Chair Sarnofff. -- doing nothing. City ofMiami Page 141 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commissioner Carollo: Exactly. And Mr. Chairman, ifI may. Mr. Manager, one -- andl don't -- listen, I'm not here to put you in the spot. How are we doing in filling the vacancy of the director of Building? No, director of Building. Mr. Martinez: (UNINTET,TIGIBT,F). We have a very, very good candidate (UNINTELLIGIBLE). Commissioner Carollo: Okay, so, obviously, you are working on that and -- Mr. Martinez: Yeah. We have a candidate in mind that is very, very good, not as good as Mariano, but we have him in our line of sights and we're talking to him. Commissioner Carollo: Have you spoken to him or her? Mr. Martinez: I have personally not. Our assistant city manager has. Commissioner Carollo: Okay. Mr. Fernandez: I have spoke with him too. Chair Sarnoff And just so you know, Mariano, I want to give you two thoughts about Miami Beach. One, it's sinking. Commissioner Carollo: And by the way -- Commissioner Suarez: It's farther. Commissioner Carollo: -- I've heard that we're not going to be able to somehow change your mind so. Chair Sarnoff And two, do you really think he's going to pay you all that money? How well do you know Jimmy? Jimmy says a lot of things. Mr. Fernandez: Commissioners, I think you need a new director. I think did my portion and my share. Mr. Martinez: Jimmy's an attorney. Mr. Fernandez: Andl think it will be the good thing for the City. Commissioner Carollo: And like he said, you know, sometimes for that one year, two years, and then all of a sudden, you know -- so that's, you know -- it's a lot of money there, so I -- Chair Sarnoff Congratulations, Mr. -- Commissioner Carollo: Yes. Mr. Fernandez: Thank you, Mr. Chairman. Chair Sarnoff -- Building Director. You have been an absolute abject pleasure to work with from the day I walked in City Hall. Mr. Fernandez: I'm not leaving yet, Commissioners. You still need to see me one more time. City ofMiami Page 142 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Chair Sarnofff. Just want you to know, you'll be bailing a lot of water out ofMiami Beach as it continues to sink. But if you can still build in water, I give you all the credit in the world. Mr. Fernandez: I'll try, Commissioner. Commissioner Carollo: And thank you for that. Thank you, Mr. Fernandez. Mr. Fernandez: Thank you. D3.2 DISCUSSION ITEM 13-00167 D4.1 13-00430 UPDATE REGARDING COMPLIANCE WITH THE FINANCIAL INTEGRITY PRINCIPLES ORDINANCE. 13-00167 Update - Financial Integrity Principles Ordinance 03/28/13.pdf DEFERRED Note for the Record: Item D3.2 was deferred to the April 25, 2013 Commission Meeting. Commissioner Carollo: With regards to D3.2, in all fairness, I want to defer this to the next meeting. I could tell you already that we're going -- not to be in compliance with an additional one because we didn't get the CAFR (Comprehensive Annual Financial Report) on time. And listen, I don't want to get into the details. All I'm going to say is -- andl wrote it in an e-mail (electronic) -- I think that's unacceptable. And what makes it actually even sad that we actually got the resources -- Commissioner Suarez: Right. Commissioner Carollo: -- and we're late; imagine if they didn't have those resources. When would they actually be able to finish the CAFR? Commissioner Suarez: Let's not get started on that. 171 wait for your discussion item. Commissioner Carollo: Yes. Let's just -- so I'd rather just defer this. And in all fairness, pretty soon we should get the new audit with regards to the financial integrity principle ordinance. So I -- andl may even wait 'til that to actually discuss this, so I defer this item. END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ DISCUSSION ITEM DISCUSSION REGARDING CREATION OF A FIXED BUILDING PERMIT FEE FOR RESIDENTIAL PROJECTS UNDER $2,500. 13-00430 Creation of a Fixed Building Permit Fee.pdf DEFERRED Note for the Record: Item D4.1 was deferred to the April 25, 2013 Commission Meeting. City ofMiami Page 143 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 NA.1 13-00453 Chair Sarnoff D4.1. Commissioner Suarez: Mr. Chair, I'd like to substitute -- instead of having this discussion item this time, having it on the next Commission meeting. END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES END OF DISTRICT 5 NON AGENDA ITEMS RESOLUTION District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE Commissioner Marc DONATION OF TWO (2) T3 PERSONAL TRANSPORTATION VEHICLES, David Sarnoff WITH AN APPROXIMATE ESTIMATED VALUE OF $25,240, FROM THE SARNOFF FOUNDATION, A NOT FOR PROFIT 501(C)3 CORPORATION; TWO (2) T3 PERSONAL TRANSPORTATION VEHICLES, WITH AN APPROXIMATE ESTIMATED VALUE OF $25,240, FROM THE OMNI COMMUNITY REDEVELOPMENT AGENCY; AND TWO (2) T3 PERSONAL TRANSPORTATION VEHICLES, WITH AN APPROXIMATE ESTIMATED VALUE OF $25,240, FROM THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY ("DDA"), FOR USE BY THE CITY OF MIAMI POLICE DEPARTMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT SAID DONATIONS. 13-00453-Legislation. pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0152 Chair Sarnoff Gentlemen, I have a pocket item. Don't panic; it is not costing us anything. It is receiving $25,240 from the Sarnoff Foundation, a not -for -profit 501(c)3, for two T3 personal transportation vehicles; equally, $25,240 from the Omni Community Redevelopment Agency for, again, two T3s; and $25,240 from the DDA (Downtown Development Authority) for, again, two T3s that will be utilized throughout the district to allow police visibility. Commissioner Suarez: Move it. Chair Sarnoff There's a motion by Commissioner Suarez. Vice Chair Gort: Second. Commissioner Carollo: Second. City ofMiami Page 144 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Chair Sarnoff Second by Commissioner Carollo. Any discussion? It's just accepting it. Commissioner Carollo: Yeah. And l just want to verify that it's allowed within the Omni CRA (Community Redevelopment Agency), right? Oh, I'm sorry. Chair Sarnoff The Omni CRA stays in the Omni CRA. The DDA, jurisdictionally, stays -- Commissioner Carollo: Stays within -- Chair Sarnoff -- within the DDA jurisdiction. The two Sarnoff -- Commissioner Carollo: I got you. I just want to make sure that Omni CRA money is -- Chair Sarnoff Yes. Commissioner Carollo: -- staying within -- Chair Sarnoff No, the vehicle has to -- Commissioner Carollo: -- and we're abiding by the -- Chair Sarnoff -- stay within the CRA. Commissioner Carollo: -- rules. Okay. Chair Sarnoff All right, any further discussion? All in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnoff Thank you. And we are going to reconvene at -- do you want to reconvene at 3? Commissioner Suarez: Yeah. Chair Sarnoff Everybody need that time? Commissioner Suarez: I can't be back here at 2. So if you need me, I can't be back at 2. Chair Sarnoff Is 3 -- 'cause I'd like you to be here for that, so 3 -- is 3 good with you, 'cause you're the guy that likes to get back earlier? Commissioner Suarez: Actually -- right, yeah, you guys could get back whenever you want. I'm just -- Chair Sarnoff So -- all right, here's what we're going to do. Three o'clock, we're going to reconvene here. Remember, we have a shade meeting, so we're going to -- do I have to be here alone or can I do it alone? They can just go right up there? Commissioner Suarez: And Mr. Chair -- Chair Sarnoff At 3 o'clock. Commissioner Suarez: -- ifI may? Chair Sarnoff Yes. City ofMiami Page 145 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commissioner Suarez: Before the shade meeting, if it's possible, I have a time certain item which I requested. I requested it late today. Chair Sarnoff Okay. Commissioner Suarez: And it's real simple. It's a PH (Public Hearing) item for Community Development to allocate $50, 000 of economic development money for Jackson -- I'm sorry, for Northwestern high school and Dorothy Bendross-Mindingall is going to be here. Chair Sarnoff What time do you want it? Commissioner Suarez: Three. Chair Sarnoff Three. Commissioner Suarez: And then we'll go to our shade meeting. Chair Sarnoff Okay, we'll do that. We'll do it at 3, and then from there, we'll go to shade meeting. Commissioner Suarez: Thank you, Mr. Chairman. Commissioner Carollo: That works. Chair Sarnoff All right. Thank you all. And hopefully, you'll join us outside for our T3s. NA.2 RESOLUTION 13-00496 A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING, THE TEMPORARY EVENT LIMITATION PER YEAR, FOR PRIVATE PROPERTY, PURSUANT TO SECTION 62-521(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW THE PROPERTY AT 1490 BISCAYNE BOULEVARD, MIAMI, FLORIDA (CENTRO CULTURAL ESPANOL), TO HOSTA SERIES OF TEMPORARY EVENTS CONSISTING OF THEATRICAL PERFORMANCES AS STATED HEREIN, ENDING JUNE 23, 2013. 13-00496-Legislation. 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 R-13-0153 Chair Sarnoff I'm going to ask you guys for a point of privilege. I usually pick up pocket items later. This is not a cost pocket item. But this is a resolution of the City ofMiami waiving temporary event limitation for private property pursuant to Section 62-521(b) (4) of the Code of the City of Miami, as amended, to allow a property at 1490 Biscayne Boulevard, Miami, Florida, known as Centro Cultural Espanol, to host a series of temporary events consisting of theatrical performances. They just received a Knight Foundation grant. They're wishing to have additional temporary events until June 23, 2013. These are merely theatrical events. It is on their property. I hope you can be supportive of it. City ofMiami Page 146 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 NA.3 13-00512 Commissioner Suarez: Move it. Chair Sarnoff We have a motion -- Commissioner Carollo: Second. Commissioner Spence -Jones: Second. Vice Chair Gort: Second. Chair Sarnoff -- by Commissioner Suarez, second by Commissioner Carollo. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Thank you for the point of privilege. DISCUSSION ITEM DISCUSSION BY VICE CHAIR GORT DIRECTING THE INTERNAL AUDITOR GENERAL TO PROVIDE THE CITY COMMISSION WITH A STATUS REPORT ON AUDITS BEING PERFORMED ON CITY CONTRACTS. DISCUSSED Vice Chair Gort: Mr. Chairman, question. Chair Sarnoff Go ahead. You're recognized. Vice Chair Gort: The internal audit [sic] works for us. I'm requesting that we, the Commission, ask the internal audit [sic] that we would like to see all the contracts that we have outstanding that been with us for a long time to be audit. Chair Sarnoff Didn't -- Commissioner, didn't we just get a plan from him? Commissioner Carollo: Yeah. I think you need to be a little bit more specific 'cause I think that might be a lot of contracts. Vice Chair Gort: Well -- Commissioner Carollo: So I think we need to be more specific on which -- Vice Chair Gort: Well, he presented to us a plan. Like today I received an audit report from an anonymous complaint. Andl don't know if you guys read it -- Commissioner Suarez: On what? Vice Chair Gort: -- but somebody called and called in an anonymous complaint and took his time and he went through an anonymous complaint without any proof or anything. Commissioner Suarez: What was it about? Vice Chair Gort: Okay. City ofMiami Page 147 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 Commissioner Suarez: What was it about? Vice Chair Gort: About some payroll that was taking place and this and that. But this is something they really need to consider. Andl was told by him, look, the Commissioners are the one that give me the instructions. And what I'd like for him to --I know he put a plan together. I'd like for him to come back with another plan and see how we're going to audit some of the contracts that we have because I'll tell you, my office found about $8 million in different departments where the contracts were not being complied with. Chair Sarnoff. Why don't we do this -- I mean, he works for us. He's like the -- Vice Chair Gort: That's what I'm -- Chair Sarnoff. -- Clerk. He's like the City Attorney. I don't know that we need him at every Commission meeting, but what if he appeared here six times a year. Chair Sarnoff. I don't see what the big deal about him coming -- during the Commission meetings, just like our other constitutional officers. What's the big deal? I mean, we're paying him. Do you want --? Commissioner Carollo: Yeah, but do you want him (UNINTET,TIGIBT,F) -- Chair Sarnoff Yeah, I want him working, you know. Commissioner Carollo: Yeah. Do you want him working or do you want him sitting around? Commissioner Suarez: For two days a month? I mean -- Vice Chair Gort: Look, he can report to each one of us. Commissioner Suarez: We should have all our directors working if they don't have -- Chair Sarnoff Okay. Commissioner Suarez: -- you know. Chair Sarnoff You want -- Vice Chair Gort: Mr. Chairman, he can report to each one of us and let us know. He's put a plan together. What I'm asking -- I'm requesting -- we have priorities that we have to take care of andl would like to see that included in his plan. Chair Sarnoff I mean, I just got his plan. Commissioner Carollo: I thought last time he was here, you know, it was stipulated that he was going to audit the five largest contracts that we had, and actually, it was mentioned each contract that was here. That was my interpretation, but -- Chair Sarnoff We just don't have the resources to do -- Commissioner Carollo: Well, that's what I'm saying. That's when I said we're going to audit all contracts, I was like, you know, I think we need to give a little -- you know, be more specific. Vice Chair Gort: We got to be specific, the contract that provide "X" amount of money for the City ofMiami Page 148 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 NA.4 13-00513 City ofMiami -- Commissioner Carollo: And I'll -- Vice Chair Gort: -- which is -- Commissioner Carollo: -- go a step -- Vice Chair Gort: You got some major contracts in here. Commissioner Carollo: -further. Even if he wants to choose at random which contracts, you know, based on either dollar amounts, based on, you know, various criteria, I don't have a problem with that either. Vice Chair Gort: And also I -- Commissioner Carollo: As a matter of fact, that's what I thought he was doing. Vice Chair Gort: -- would like to have the ability for all of us to call for one too. Commissioner Carollo: You can. Vice Chair Gort: Okay. Commissioner Carollo: All you have to do is call. Vice Chair Gort: Well, I just want to make sure I bring it in front of you so they understand. Okay. Chair Sarnoff Let's bring the -- let's bring him back at the next Commission meeting. Let him lay out what he's going to do. It's a ten-minute presentation. Commissioner Suarez: Less. Commissioner Carollo: As a general discussion item. Chair Sarnoff Yeah. Vice Chair Gort: Yeah. Chair Sarnoff And let him tell us what he's going to do as opposed to us reading a report so that we can make an amendment on the floor or something. DISCUSSION ITEM DISCUSSION REGARDING A VACANCY CREATED ON THE CIVIL SERVICE BOARD RESULTING FROM THE RESIGNATION OF CHRISTINE GOMEZ. DISCUSSED Todd B. Hannon (City Clerk): And then, Commissioners, a vacancy on the Civil Service Board has been created due to the resignation by Christine Gomez. Ms. Gomez was serving as an elected member of the Civil Service Board. However, pursuant to Miami City Code Section 36(a), any vacancy shall be filled by the City Commission for the unexpired term. Ms. Gomez's City ofMiami Page 149 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 term will expire on April 26, 2014. And if there's a name to be proffered, an appointment can be made at this time. If not, we can just continue it to the May meeting. Commissioner Carollo: Continue. Chair Sarnofff. Let's continue it, yeah. Mr. Hannon: Yes, sir. Commissioner Carollo: Motion to continue. Chair Sarnofff. Do we need a motion? Mr. Hannon: Not, sir -- no. No, sir. Chair Sarnofff. Okay. Any other board appointments? Mr. Hannon: No, sir. We're good to go. Chair Sarnofff. Okay. Commissioner Suarez: That was awesome. That was even -- that was three minutes. Chair Sarnofff. That was three minutes. Commissioner Carollo: Yeah. NA.5 DISCUSSION ITEM 13-00514 DISCUSSION BY VICE CHAIR GORT PROVIDING THE CITY COMMISSION WITH A STATUS REPORT ON THE ACTIVITIES OF THE LABOR RELATIONS COMMITTEE. DISCUSSED Vice Chair Gort: Let me add a little -- While she's here, let me add a little something. As the Labor Relations Committee that I was appointed to, we did have a meeting with the department directors and ER (Employee Relations), and we came up with some suggestions that we going to get together next week and so I can bring you a report. And hopefully, next Commission meeting, I can give you a report, some of the things that we can do to expedite the hiring. And most important, I think we started a good relationship between the department directors, the unions, ER, and ourself andl think that's very important. Chair Sarnofff. Okay. Vice Chair Gort: Okay. NA.6 DISCUSSION ITEM 13-00515 DISCUSSION BY COMMISSIONER SUAREZ REGARDING FLORIDA GOVERNOR, RICK SCOTT, SIGNING A BILL INTO LAW THAT BANS ELECTRONIC GAMING MACHINES (MAQUINITAS). City ofMiami Page 150 Printed on 5/7/2013 City Commission Meeting Minutes April 11, 2013 ADJOURNMENT DISCUSSED Commissioner Suarez: But I would like a pocket discussion item, which is just to inform this Commission -- you probably already know that the Governor signed into law the legislation -- we had passed a resolution urging our Legislature and the Governor to sign a law banning the maquinitas. And just so you know, just as an update on that request of this Commission, by resolution, the Governor signed into law the new law banning maquinitas. And so I just want to -- the Administration, our Manager -- Commissioner Carollo: Thank you, Mr. Menendez -- I mean, Commissioner Suarez. Commissioner Suarez: What's that? Commissioner Carollo: I said, "Thank you, Mr. Menendez," but I mean Commissioner Suarez. Commissioner Suarez: I just want our Manager to know that that legislation was signed into law, that legislation that, you know, buttresses what I was saying in terms of what our efforts should be in terms of this industry, that the Governor signed into law the law banning maquinitas. So I just wanted to bring that to your attention. Commissioner Carollo: Say no to maquinitas. I did two and a half years ago. Chair Sarnofff. All right. Thank you all very much. We're in adjournment. The meeting adjourned at 6: 46p.m. City ofMiami Page 151 Printed on 5/7/2013