Loading...
HomeMy WebLinkAboutCC 2013-09-12 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, September 12, 2013 9:00 AM REGULAR 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 September 12, 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 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 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 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 12th day of September 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 Commission Meeting was called to order by Chair Sarnoff at 9:29 a. in., recessed at 12:34 p.m., reconvened at 3:20 p.m, recessed at 5:39 p.m., reconvened at 10: 53 p.m., and adjourned at 10: 53 p.m. Note for the Record: Vice Chair Gort entered the Commission Chambers at 9:31 a. m., Commissioner Carollo entered the Commission chambers at 9:32 a.m., and Commissioner Spence -Jones entered the Commission chambers at 9:43 a.m. ALSO PRESENT: Maria J. Chiaro, Deputy City Attorney Daniel Alfonso, Acting City Manager ToddB. Hannon, City Clerk Chair Sarnoff Morning. Let me do a Spence -Jones: Good morning. The Audience: Good morning. Chair Sarnoff All right, I like that. Even I could do that. I want to welcome everybody to the September 12, 2013 meeting of the City ofMiami Commission in these historic chambers. The members of the City Commission are Wilfredo [sic] Willy'Gort, Vice Chairman; Frank Carollo; Michelle Spence -Jones; Francis Suarez; and myself, Marc David Sarnoff, the Chairman. Also on the dais are Danny Alfonso, the acting City Manager; Julie O. Bru, the City Attorney, through Maria Chiaro, acting City Attorney; Todd Hannon, who will be himself today, the City Clerk. There will be no players there. The meeting will be opened with a prayer by Commissioner Suarez; the pledge of allegiance by myself. Please all rise. Invocation and pledge delivered. PRESENTATIONS AND PROCLAMATIONS PRA PRESENTATION 13-01050 Honoree Presenter Sponsors for Eastside Kids Mayor Regalado Eileen Bottari Miami Police Officers Mayor Regalado & Commissioner Carollo Jacqueline Finley Livingston Commissioner Helen Eloise Finley Spires Spence -Jones Audrey Finley Protocol Item Salute Commendations & Certificates Memorial Resolution City ofMiami Page 3 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 13-01050 Protocol Item.pdf PRESENTED 1. Mayor Regalado paid tribute to Eileen M. Bottari's leadership and Sponsors for Eastside Kids, 7n honor of their contributions in support of making Miami a better place, applauding their mission as a grassroots organization of private citizens who have organized and envisioned programs and services for children at Legion Park in Upper Eastside. 2. Mayor Regalado and Commissioner Carollo presented Certificates of Commendation to various members of the Miami Police Department in honor of their outstanding efforts as Public Servants and fine professional coordination of the gime Initiative Operation'ivhich resulted in 32 arrests. 3. Commissioner Spence -Jones paid a Special Memorial Tribute in memory of three sisters, Jacqueline Finley Livingston, Helen Eloise Finley Spires andAudrey Finley, in recognition of their legacy of love and service and their steadfast determination to be exemplars as Christians, family members andMiami residents; as sisters who were taught to love and care for one another and as children of Grace Gibson Finley and Chesterfield Finley. Chair Sarnoff We will now make the presentations and proclamations. The Mayor of this great city, Mayor Tomas Regalado, is recognized. Presentations made. Chair Sarnoff All right, I guess we'll make the last presentation when Commissioner Spence -Jones comes. Later... Chair Sarnoff Now we're up to the CAs [sic] (Consent Agendas). Does any Commissioner wish to pull any of the CA items? Vice Chair Gort: She's here now. Chair Sarnoff Oh, you -- Commissioner Spence -Jones, you want to break and do the salutes, proclamations? Commissioner Spence -Jones: Sure, we can. Chair Sarnoff Yes? Commissioner Spence -Jones: Good morning. To God be the glory. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Carollo, seconded by Vice Chair Gort, to APPROVE PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones Motion by Commissioner Carollo, seconded by Vice Chair Gort, to APPROVE PASSED by the following vote. City ofMiami Page 4 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones Motion by Commissioner Carollo, seconded by Vice Chair Gort, to APPROVE PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones Chair Sarnoff All right. Mr. Clerk, are there any Commission meeting minutes that need to be approved? Oh, I didn't see you behind me. Did I miss something? Todd B. Hannon (City Clerk): No, sir. Yes, we do have the Planning & Zoning meeting minutes ofJune 27, 2013, the regular meeting minutes ofJuly 11, 2013, and the Planning & Zoning meeting minutes of July 25, 2013. Chair Sarnoff All right. Is there a motion? Commissioner Carollo: Move it. Chair Sarnoff A motion -- Vice - Vce Chair Gort: Second. Chair Sarnoff -- by Commissioner Carollo, second by Commissioner Gort. Any discussion? Hearing no discussion, all in favor, please say aye. " The Commission (Collectively): Aye. END OF APPROVING MINUTES NO MAYORAL VETOES Chair Sarnoff Are there any mayoral vetoes? ToddB. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Sarnoff Okay. ORDER OF THE DAY Chair Sarnoff We'll now begin the regular meeting. The City Attorney will state the procedures to be followed during the meeting, and we'll determine if there are any deferrals, withdrawals, or continuances. Maria J. Chiaro (Deputy City Attorney): Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of code section about lobbyists is available at the City Clerk's office. The material for each item on the agenda is available during business hours at the City Clerk's office and online at the City's website. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. No cell phones or other noise -making devices are permitted in the Commission chambers. Please silence those devices now. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings. Any person with a disability requiring auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin -- Mr. Chairman, I understand the lunch recess today will begin at I o'clock. City ofMiami Page 5 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Chair Sarnoff Correct. Ms. Chiaro: -- today at I o'clock. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 10 p. m. or at the conclusion of the regularly scheduled agenda item, whatever occurs first. However, that rule may change pursuant to the City code section related to the budget, which has no conclusion time. Mr. Chairman. Later... Chair Sarnoff So it appears now -- Mr. Manager, do you wish to pull -- Mr. Cruz. All right, do you wish to pull any issues or to discuss or to amend change, modify? Daniel J. Alfonso (Acting City Manager): Yes, Mr. Chairman. Thank you. We are asking that items PH. 7, PH. 8, and PH.9 be continued to the October 10 agenda. We are requesting that item FR.2 be withdrawn. This is on behalf ofDistrict 4 Commissioner as a request. We're requesting that item RE.1 -- Commissioner Carollo: I'm sorry. Could you slow down just --? Chair Sarnoff PH. 7, PH. 8, PH. 9, FR. 2, and -- Commissioner Carollo: And PH. 7, PH 8, and PH.9 are what, continued? Mr. Alfonso: Continued to October 10. Commissioner Carollo: Okay. Continue, please. Mr. Alfonso: FR. 2, we're withdrawing on behalf ofDistrict 4 Commissioner. Item RE.1 was listed on the agenda as being withdrawn. Item RE. 17 and RE. 18, we're asking that those items be continued to October 10 agenda. Discussion item 2, we're requesting that that item be withdrawn on behalf ofDistrict 2 Commissioner. Also, items DT andD1.4, that those items be deferred to the November 21 agenda on behalf of Commissioner in the District 2. Chair Sarnoff All right. Everybody have that? Does any Commissioners equally wish to change, mod --? Go ahead Commissioner Suarez. You're recognized for the record. Commissioner Suarez: I just have a question on DI 4 and DI 3, which were your discussion items that are being continued to November 21. We've continued this a lot, and this is a very important issue. I hope that on November 21 we're going to hear about these two items, because they're very important to me at least, and I'm assuming that if they're your discussion items, they're also very important to you, so that's two of the five Commissioners. But, you know, this issue has been continued many, many, many times, and I'm hoping that this will be the last time that it's continued. Chair Sarnoff I agree. And I was told that we would have a more robust and more substantial answer by that time. Commissioner Suarez: Great. Chair Sarnoff All right. Mr. Alfonso: Mr. Chair, I'm sorry, ifI may. For items PH. 7, PH. 8, andPH9, I want to clam that they are continued to the October 10 agenda at 5 p.m., as they're required to be heard after 5. City ofMiami Page 6 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Chair Sarnoff Okay. Any other Commissioners want to mod, change, amend any of their items? All right, then is there a motion? Commissioner Suarez: Move. Chair Sarnoff There's a motion. Is there a second? Commissioner Carollo: Second, but I want to verify all the items if -- Chair Sarnoff Sure. Commissioner Carollo: Mr. Clerk, if you could go through them just to verify that we have all of them. Todd B. Hannon: Yes, sir. Items PH. 7, PH. 8, and PH.9 are being continued to October 10 at 5 p.m. time certain. FR.2 is being withdrawn. RE.1 is being withdrawn. RE. 17 and RE. 18 are being continued to October 10. DI2 is being withdrawn. DL 3 and DL 4 are being deferred to November 21. Chair Sarnoff Any further discussion? All in favor, then please say aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. Later... Chair Sarnoff Okay. That brings us to the City Attorney, ifI remember correctly. And that leaves us with how -- does any Commissioner want to hear from them or has everybody had the opportunity to --? Commissioner Spence -Jones: Well, you're missing two of them, so you want to wait till they come out or --? Chair Sarnoff Going to be a very interest -- going to be a long day, guys. Commissioner Spence -Jones: Okay. Chair Sarnoff So -- Vice - Vce Chair Gort: Andl talked to every one of them. Chair Sarnoff What's that? Commissioner Spence -Jones: He's talked to every one of them. Vice Chair Gort: I talked to every one of them. Chair Sarnoff No, I have too. Can we get the two other Commissioners out here? Commissioner Spence -Jones: You need three now. Ms. Chiaro: You don't have a quorum, Mr. Chair. Chair Sarnoff So I won't say anything. City ofMiami Page 7 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Commissioner Spence -Jones: You got a quorum now. Chair Sarnoff We got quorum. So can we make sure the other Commissioners come out, 'cause I'd like to keep the business of the day as we have stated the business of the day. Commissioner Carollo: Yeah. But Mr. Chairman, have we voted on the different times? Like I see here that there's a time certain at 5 P. in., but I don't know if necessarily we should have the supplemental pay at 5 p.m. I think we should discuss it earlier, the 3 percent, 'cause that's an important thing -for all of our employees. Commissioner Spence -Jones: Yes, I agree Commissioner Carollo: So I think maybe right after the City Attorney, we should discuss the 3 percent supplement pay, not necessarily at 5 p.m. I think at 5 p.m., it's already kind of -- going to be kind of crowded. Commissioner Spence -Jones: Yeah. Chair Sarnoff Well, that's -- this is the order of the day that I created. If three Commissioners want to change the order of the day, that's up to three Commissioners to do so. That's pretty much the rules, as I understand it. Commissioner Carollo: Exactly. Chair Sarnoff So for right now, the order of the day is the City Attorney. If you want to just turn around and look at the order of the day and make a modification to it -- Commissioner Carollo: Yeah, my modification is for the 3 percent supplement pay to come right after the City Attorneys. Chair Sarnoff Is there a motion to modify the order of the day? Commissioner Carollo: Sure. Commissioner Spence -Jones: Second Commissioner Carollo: I make a motion. Chair Sarnoff All right, there's a motion. There's a second by Commissioner -- Vice - Vce Chair Gort: To do what? Chair Sarnoff I called for the order of the day that the supplemental pay would occur at 5 o'clock. Commissioner Spence -Jones: I just want to -- I want to -- only hesitation I may have on it, Mr. Chair, is because I think the supplemental is also attached to another item; right, Danny, the living wage? Mr. Alfonso: Yes. Commissioner Spence -Jones: So I think it'll be a longer discussion. I mean, we don't have to have it right after City Attorney, but if you want to have it before break, then I'm fine with that. City ofMiami Page 8 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Chair Sarnoff If you want to change -- Commissioner Spence -Jones: Since it's a longer discussion, you know. Chair Sarnoff I think -- yeah. Let me give you my take. I think supplemental pay belongs just before the discussion on budget because I think -- Vice -Vce Chair Gort: Sure. Chair Sarnoff -- it affects the budget. That's why I put it there. If you want to -- as three Commissioners can overrule the Chair or make a modification to the call of the day, it's entirely up to you. I'm just going to put it on the record. The reason I did it is the 3 percent supplemental pay will affect budgeting in terms of what we're going to do going forward, and I thought it was good to do just before the budget. That was my purpose. Let me just finish. And if there are other items you want to amend, because you think it goes with the supplemental pay, which Commissioner Spence -Jones is right, it will be a budgetary amendment for this fiscal year, we'll bring those items up as well. I'm just telling you why I put it there, and that's how I feel. Commissioner Carollo: No, I understand. And it's not trying to overrule you or anything like that. Please don't take it that way. What I'm trying to say is, you know, it's something that --you suggest that -- you know, let's discuss it and, you know, let's -- it's just not etched in stone. I think we should discuss it. And, you know, the 3 percent tied to the living wage is something for this year's budget. You know, at 5 p.m. we're going to discuss next year's budget. Commissioner Spence -Jones: Budget. Commissioner Carollo: So I think it's two separate items, and that's why I think that -- listen, it may be a lengthy discussion, so I think we should be done, you know, after the City Attorneys or prior to us going to lunch break. Commissioner Spence -Jones: Yeah. I'm fine with before lunch break. Chair Sarnoff Okay. I -- and again, I think this belongs in the greater conversation of budgeting the City ofMiami; justt my take. So we have a motion. We have a second to move this up to the morning agenda. All in favor, please say aye. " Commissioner Carollo: Aye. Commissioner Suarez: No. Chair Sarnoff No. Commissioner Spence -Jones: Aye. Vice Chair Gort: No. Chair Sarnoff So it stays where it is. Okay. Later... Commissioner Carollo: I would, however, want to defer all my items due to the pending items that are coming, like the budget. I'd rather have time to review my notes. Later... City ofMiami Page 9 Punted on 10/7/2013 City Commission City of Miami Meeting Minutes September 12, 2013 Chair Sarnoff All right, I am told now we have to go to the first budget hearing. According to what I've just been told, we're supposed to go to the budget hearing exactly at 5:05. Commissioner Spence -Jones: Can you recess, though? You could recess, right? Ms. Chiaro: The budget hearing may not begin before 5:05. Chair Sarnoff Okay. Do you want to do your CRA (Community Redevelopment Agency)? Commissioner Spence -Jones: Yeah, I want to get it so they can leave and we can clear out, you know. Chair Sarnoff All right, so what we'll do is -- Is the City Commission in adjournment? Because we're done, right? Ms. Hannon: Chair, you still have your district items, but those can -- Chair Sarnoff No, the district items have all been heard. Commissioner Spence -Jones: Not mine. Vice Chair Gort: We did them. Commissioner Spence -Jones: I didn't do mine. I mean, I only had one. Commissioner Carollo: Are we going into recess? Commissioner Spence -Jones: I only had one. Chair Sarnoff No. You know what I'm going to do? I'm going to close -- no. I'm going to adjourn -- no, I can't adjourn. Unidentified Speaker: Recess. Chair Sarnoff Recess. Thankyou. Who's the parliamentarian out there? I'm going to recess the City Commission meeting. We're then going to open up the CRA meeting. That's going to be ten minutes, I think, right, Commissioner? Commissioner Spence -Jones: Yeah, it's not going to be long. Chair Sarnoff And then we're going to open up the budget hearing. Mr. Hannon: Yes, sir. I just need two minutes to flip the tapes. Chair Sarnoff Okay. Later... Mr. Hannon: So you can reconvene the regular meeting and then just go ahead and adjourn it. Chair Sarnoff All right, the regular meeting's now reconvened andl hereby adjourn the regular meeting. Mr. Hannon: Thank you, Chair. Chair Sarnoff Thanks, everybody, for coming. Page 10 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 CONSENT AGENDA CAA RESOLUTION 13-00919 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID General Services RECEIVED JULY 24, 2013, PURSUANT TO INVITATION FOR BID NO. Administration 360359, FROM FLAMINGO OIL CORPORATION D/B/A FLAMINGO OIL COMPANY, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PURCHASE AND INSTALLATION OF A FUEL DELIVERY PLATFORM; ALLOCATING FUNDS FROM THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION ACCOUNT CODE NO. 31000.241000.664000.0000.00000, IN AN AMOUNT TOTALING $53,154.16, PLUS A 10% OWNER'S CONSTRUCTION CONTINGENCY FOR A TOTAL NOT TO EXCEED AMOUNT OF $58,469.58. 13-00919 Summary Form.pdf 13-00919 Award Recommendation Form. pdf 13-00919 Tabulation of Bids.pdf 13-00919 Detail by Entity Names.pdf 13-00919 Invitation for Bid.pdf 13-00919 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0307 CA.2 RESOLUTION 13-00921 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE General Services PROCUREMENT OF TWO (2) MULTIFUNCTION COPIERS, FROM CANON Administration U.S.A., INC., FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION ("GSA"), IN AN AMOUNT NOT TO EXCEED $118,226, FOR EQUIPMENT, SOFTWARE, AND LICENSES AND IN AN AMOUNT NOT TO EXCEED $13,320, FOR THE ESTIMATED ANNUAL MAINTENANCE, UTILIZING THE EXISTING STATE OF FLORIDA CONTRACT NO. 600-000-11-1 FOR THE PROVISION OF MULTIFUNCTION PRODUCTS, PRINTERS, FACSIMILE EQUIPMENT, SCANNERS, RELATED SOFTWARE, SUPPLIES, AND SERVICES, EFFECTIVE THROUGH AUGUST 3,2014; AUTHORIZING THE ALLOCATION OF FUNDS FROM THE DEPARTMENT OF GSAACCOUNT CODE NO. 05001.244000.664000.0000.00000; FURTHER AUTHORIZING THE PROCUREMENT OF MULTIFUNCTION PRODUCTS, PRINTERS, FACSIMILE EQUIPMENT, SCANNERS, RELATED SOFTWARE, SUPPLIES, AND SERVICES, ON A CITYWIDE, AS -NEEDED BASIS, UTILIZING THE EXISTING STATE OF FLORIDA CONTRACT NO. 600-000-11-1, EFFECTIVE THROUGH AUGUST 3, 2014, SUBJECT TO ANY FURTHER RENEWALS, EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES; AUTHORIZING THE ALLOCATION OF FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENTS AND AGENCIES, City ofMiami Page 11 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 13-00921 Summary Form.pdf 13-00921 Letter - Canon Solutions America.pdf 13-00921 Canon - State of Florida Contract (Equipment).pdf 13-00921 Canon - State of Florida Contract (Software).pdf 13-00921 State Term Contract.pdf 13-00921 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0308 CA.3 RESOLUTION 13-00896 Bayfront Park A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Management Trust RECEIVED JUNE 4, 2013, PURSUANT TO INVITATION FOR BID NO. 367303, FROM SFM SERVICES, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROVISION OF EVENTS MAINTENANCE SERVICES FOR THE BAYFRONT PARK MANAGEMENT TRUST, FOR AN INITIAL TWO (2) YEAR PERIOD, WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, SUBJECT TO THE AVAILABILITY OF FUNDS FOR SUCCEEDING FISCAL YEARS FROM THE TRUSTS OPERATING BUDGET. 13-00896 Memo -Approving SFM Service, Inc.pdf 13-00896 Award of Bid. pdf 13-00896 Certification Statement.pdf 13-00896 Events Maintenance Services.pdf 13-00896 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0309 CAA RESOLUTION 13-00891 Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Waste RECEIVED JULY 1, 2013, PURSUANT TO INVITATION FOR BID NO. 364321, FROM WAUSAU TILE, INC., THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, FOR METAL WASTE CONTAINERS, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. City ofMiami Page 12 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 13-00891 Summary Form.pdf 13-00891 Award Recommendation Form.pdf 13-00891 Tabulation of Bids.pdf 13-00891 Garbage Can & Recycling - Prices.pdf 13-00891 Detail by Entity Name.pdf 13-00891 Invitation for Bid.pdf 13-00891 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0310 CA.5 RESOLUTION 13-00932 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), ACCEPTING THE BID RECEIVED JULY 18, 2013, Program PURSUANT TO INVITATION TO BID ('ITB") NO. 12-13-049, FROM MAGGOLC, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE NORTHWEST 11TH STREET FROM 27TH AVENUE TO 37TH AVENUE AREA ROADWAY IMPROVEMENTS PROJECT, B-30781, IN THE AMOUNT OF $188,875.63, FOR THE SCOPE OF WORK, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $18,887.56, FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $207,763.19; ALLOCATING FUNDS IN THE AMOUNT OF $207,763.19, FROM CAPITAL IMPROVEMENT PROJECT NO. B-30781; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. 13-00932 Summary Form.pdf 13-00932 Legislation.pdf 13-00932 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0311 CA.6 RESOLUTION 13-00913 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF ORLANDO PAREDES, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $125,100, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, EXCLUDING PERMANENT TOTAL DISABILITY BENEFITS, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. City ofMiami Page 13 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 50001.301001.524000.0000.00000. 13-00913 Memo - Office of the City Attorney. pdf 13-00913 Memo - Financial Signoff.pdf 13-00913 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0312 CA.7 RESOLUTION 13-00970 District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING THE Commissioner Marc MONTH OF SEPTEMBER OF EACH YEAR AS "CHILDHOOD CANCER David Sarnoff AWARENESS MONTH" IN THE CITY OF MIAMI, FLORIDA. 13-00970 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-13-0313 Chair Sarnoff I'll just go -- do this in order. CA.7 is Cancer Awareness Month. I'd like to invite Spencer to come up and -- you want to do it from there, you're more than welcomed to, Spence [sic]. Andl should also -- Spencer Crowley: Turn me on? Yeah, there you go. Thank you very much. My name is Spencer Crowley. I'm a resident of the City ofMiami, work in the City ofMiami, andl want to thankyou all for designating the month of September as Childhood Cancer Awareness Month. I'm here with my wife, Nickelle. Many of you know -- or most of you know that our daughter last year, age 2, was diagnosed with stage 4 neuroblastoma. It's a very, very serious form of cancer. She went through six rounds of chemotherapy, surgery, stem cell transplant, radiation, and immunotherapy. And the treatment last 14 months. It was a grueling process for us and for her. The good news is she's doing very well. She's not here with us today because she's over at school -- and preschool and living life, loving life with her brothers, and sisters, and friends. During this year --this past year we've learned a lot, though. One of the things that we've learned is that there's really not enough funding for pediatric cancer research. The federal governmental allocates about $5 billion to pediatric cancer research, and about less than 4 percent of that is dedicated to pediatric cancer research, and that's not enough. You know, these are our kids. Our kids are hurting and in need of research to get better. And events, proclamations like this that the City ofMiami is doing are very helpful in raising awareness and making people understand the importance of these issues, so I want to thank you all for that. The other thing that we've learned is that the City ofMiami andMiami-Dade County are truly blessed to have amazing institutions that can address pediatric cancer. We were very fortunate. We did not have to travel to New York; we did not have to travel to Philadelphia, some of the premier cancer centers in the country, because we hadMiami Children's Hospital here and we had the University ofMiami hospital here. They have a great, new pediatric cancer wing as well, so that, I think, also is worth mentioning. I think it's something we should be proud of, and as governmental officials, I think you should know about it and support those institutions whenever you can, 'cause they're great assets to our community. So again, I just want to thank you. Last thing I'll mention is that on Saturday, September 21, the Miami Children's Hospital is having a City ofMiami Page 14 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 5k. Ava, our daughter, is the hero of the event, so I guess that means she's like the grand master of the ceremony. So I'm getting as much interest in people coming out to see Ava as wanting to see me try to run a 5K But, you know, I think it's going to be a good event, and if any of you all are able to make it -- Chair Sarnoff When is this and where is this? Mr. Crowley: It's Saturday morning, September 21. It's down in Coral Gables -- Chair Sarnoff I can get a passport. Mr. Crowley: -- 7:30 a.m. We have some --yeah, we have some flyers we'll leave around for any of you. Yeah, the weksite is mch5k. com. Chair Sarnoff What time again? Mr. Crowley: Seven -thirty. Chair Sarnoff Seven -thirty. Mr. Crowley: Right. A little bit early. Chair Sarnoff That's okay. Mr. Crowley: Thankyou again. We appreciate your support. Chair Sarnoff Does mom want to say anything? Come on, mom, from a mother's perspective. Mr. Crowley: Just say thank you. Nickelle Crowley: Thankyou so much for acknowledging this proclamation, because childhood cancer, though it may be rare, it does happen, and it's grueling, and it's horrific. And we need funding, and by coming to the walk on Saturday, you're helping to fund some more research, so it's mch5k. com. And again, Ava's team is Go, Ava, Go, 'ff you'd like to sign ulifor our specific team. Thankyou. We hope to see you there. Chair Sarnoff And just so Spencer knows, I'm going to be there, but I'm going to bring you some Dunkin Doughnuts for that quick sugar rush. Suarez will have the Cuban coffee. You're going to do just fine. Mr. Crowley: Perfect. Thankyou. Ms. Crowley: Thankyou. Commissioner Suarez: Good luck. Chair Sarnoff Thankyou very much. Applause. Chair Sarnoff For those of you that don't know, Spencer also happens to be a fine Commissioner. And if you ever figure out how we're able to do so much, basically, he's a 50 percent partner in almost everything we do in terms of waterfront and helping improving that. Chair Sarnoff CA.9 would be Commissioner Carollo, so I'll move over to CA. 11. The renaming City ofMiami Page 15 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 of Spoil Island E -- ToddB. Hannon (City Clerk): Excuse me, Chair. CA. 7, is there a motion? Chair Sarnoff Oh, I -- Commissioner Suarez: Move it. Chair Sarnoff Right. CA (Consent Agenda) -- this would be CA. 7, right. Commissioner Suarez: Move it. Chair Sarnoff So this is -- Vice - Vce Chair Gort: Move it. Commissioner Spence -Jones: Second Chair Sarnoff Motion by Commissioner Suarez, second by Commissioner Spence -Jones. All in favor, please say aye. " The Commission (Collectively): Aye. Chair Sarnoff Thanks for keeping me on track. CA.8 RESOLUTION 13-00920 DepartrnentofPo&ce A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A TACTICAL DIVERSION TASK FORCE AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE DEPARTMENT OF POLICE'S CONTINUED PARTICIPATION ON THE TACTICAL DIVERSION SQUAD TASK FORCE; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF ANY REIMBURSEMENT FUNDS. 13-00920 Summary Form.pdf 13-00920 Pre-Agreement.pdf 13-00920 Legislation.pdf 13-00920 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0314 CA.9 RESOLUTION 13-00869 DepartrnentofPuh is A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO City ofMiami Page 16 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 ACCEPT TWENTY-THREE (23) RIGHT-OF-WAY DEEDS AND TWO (2) QUIT CLAIM DEEDS (RIGHT-OF-WAY DEEDS) OF DEDICATION, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE WIDENING OF CITY OF MIAMI STREETS; APPROVING AND AUTHORIZING THE RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN COPIES OF SAID DEEDS. 13-00869 Summary Form.pdf 13-00869 Legislation.pdf 13-00869 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-13-0315 Chair Sarnoff All right, so now we are up to CA. 9, I think, for Commissioner Suarez -- Commissioner Carollo. I apologize. Commissioner Carollo: Thankyou. Going to start with a presentation? Nzeribe Ihekwaba (Director, Public Works): There's no presentation. Chair Sarnoff Would you --? Mr.Ihekwaba: CA.9. Chair Sarnoff -- put something on the record? Mr. Ihekwaba: Good morning. Zerry Ihekwaba, Public Works director. CA.9 is a resolution to authorize the City Manager to accept 26 right-of-way deeds and two quitclaim deeds for right-of-way dedication for municipal highway purposes. This is a consequence of the provision of City Code, Chapter 54-58, that requires -- permits applicants to dedicate public land that has not yet been dedicated for roadway expansion and related municipal purposes. This is a routine. Any individual or developer that comes to the City for a permit to do any type of improvement on private property, if there is any adjoining real estate that's already been zoned as part of right-of-way but which has not yet been dedicated is required to do so. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: Thank you. And this goes back into the conversation that we had a few Commission meetings ago where in a residential area, there is a gentleman that has a fence, and he actually is doing the correct thing and is asking for a permit. So when you do not do the correct thing -- and all he does is upgrade his fence, it looks better for the neighborhood, it has better curb appeal; yet, when he does the correct thing and asks for a permit, all of a sudden this kicks in. Andl was told the last time the reason that we cannot go back is because other properties have actually given that right-of-way already. That other property happens to be the McDonalds, which happens to be right here for our approval. So if it's not completely a done thing, I think we need to discuss it. So I'm not going to interfere with the other properties in the other districts. However, I think this is something that we need to discuss further, because it's an issue that I've been at this for a year and a half, two years and it's within a residential area. This City ofMiami Page 17 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 isn't a major thoroughfare that we need to expand so more cars can go through. As a matter of fact, it seems to me that whenever we expand roads, cars go faster. So this is right through a residential area. And I am going to request that in CA. 9, we make an amendment and we pull number 5, number 10, and number 13, which are all areas in District 3, from this resolution. Mr. Ihekwaba: Mr. Commissioner, with all due respect, the City code requires the dedication to be met as a condition of permits. If you were to revoke the dedication by McDonalds, automatically revokes the permit issued to them, unless we come in and revise and change the City code. Commissioner Carollo: Okay. Again, we have not discussed this. You know that it's important to me because I've been at this for a year and a half to two years. And by the way, this really has nothing to do with you, Mr. Director. As a matter of fact, I'll say it, you know, publicly. I think your department has done a very good job, and I know you're always responding to our calls expeditiously, and, you know, really taking care of situations that, you know -- and I'll say, some of them are huge potholes that it seems to me there's more and more every day in the City of Miami. But besides that, you know, this is an issue that I have brought it to this Commission in the past. It was just two or three Commission meetings ago. And now this shows up in a consent agenda. There's no heads up. There's no talk, you know? No, we need to discuss this because I need to fully understand what's going on and what can and cannot happen, because as you very well know --and it's --and I think it's extremely unfair to one of the residents. We've gone out there, the Manager or -- not the acting Manager, but the Manager, Mr. Martinez, has gone out there with me. I think you have. Planning & Zoning have gone out there. And, realistically, the only thing this person wants to do, the only thing this person wants to do is just upgrade an existing fence. That's it. He wants to upgrade an existing fence. And unlike a lot of people in the City ofMiami, he actually wants to do it the right way. He wants to pull a permit. So I request that on item 5, 10, and 13, that those get pulled and, you know, we'll bring it back in the next Commission meeting. Chair Sarnoff All right. Commissioner Carollo: So I make a motion for approval and with the amendment of number 5, number 10, and number 13, andExhibitA to be pulled out. Vice Chair Gort: Wait a minute. Wait a minute. Commissioner Carollo: Let Commissioner Gort speak. Go ahead. Vice Chair Gort: You're pulling out which one? I mean, you're going to approve -- your motion is to approve the existing -- what's in front of us now? Commissioner Carollo: ExhibitA -- Vice - Vce Chair Gort: Uh-huh. Commissioner Carollo: -- in your backup packet -- Vice - Vce Chair Gort: Okay. Commissioner Carollo: -- except for number 5, 10, and 13 -- Vice - Vce Chair Gort: Fine. Commissioner Carollo: All the cases are in District 3. City ofMiami Page 18 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Vice Chair Gort: I don't have any problem with that. The problem that I have, the -- I think the -- whatever we're doing, we have to put it together, because right now you -- you know the problem we're having in some of our neighborhoods where the neighbors wanted the sidewalk to be built. Mr.Ihekwaba: Yeah. Vice Chair Gort: The sidewalk, we have the permit -- 98 percent of the people -- because the two people do not want to respond for, we cannot build this sidewalk, and I think something's got to be done on that. I don't know if it's through the code or what, but we need to do something. If 98 percent of the people want the sidewalk, just because two people don't want it or two residents, I don't think it's fair. Thankyou. Mr. Ihekwaba: Okay. Chair Sarnoff All right. So we had a motion. I think Commissioner Spence -Jones was going to second it. Commissioner Spence -Jones: Yes, I was. Chair Sarnoff Second. So we have a second. Any further discussion? All in favor, then please say aye. " The Commission (Collectively): Aye. ToddB. Hannon (City Clerk): As amended. Commissioner Carollo: As amended Thankyou, Commissioners. Chair Sarnoff As amended Commissioner Carollo: And ifI could have the director after the Commission meeting sometime -- maybe tomorrow or -- Mr.Ihekwaba: Sure. Commissioner Carollo: --Monday. AndMr. Manager, ifyou couldjoin us, you know, so we could discuss this further. And again, realistically, you know who the resident is. You know the location. You know the resident. You know the neighborhood. Andl'm just really trying to, you know, see how we can solve an issue that a resident is having. Mr. Ihekwaba: Okay. Commissioner Carollo: Thankyou. Mr.Ihekwaba: Thankyou. CA.10 RESOLUTION 13-00931 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), ACCEPTING THE BID RECEIVED JULY 29, 2013, Program PURSUANT TO INVITATION TO BID ("ITB") NO. 12-13-053, FROM JVA ENGINEERING CONTRACTOR, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE GARDEN STORM SEWERS - PHASE I PROJECT, B-30183, IN THE AMOUNT OF $776,678.50, FOR THE SCOPE OF City ofMiami Page 19 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 WORK, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $77,667.85, FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $854,346.35; ALLOCATING FUNDS IN THE AMOUNT OF $854,346.35, FROM CAPITAL IMPROVEMENT PROJECT NO. B-30183; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. 13-00931 Summary Form.pdf 13-00931 Legislation.pdf 13-00931 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0316 CA.11 RESOLUTION 13-00959 District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner Marc ATTACHMENT(S), RENAMING "SPOIL ISLAND E", LOCATED IN BISCAYNE David Sarnoff BAY APPROXIMATELY ONE QUARTER MILE SOUTH OF THE SOUTHERN TERMINUS OF SOUTHWEST 27TH AVENUE, MIAMI, FLORIDA, AS DEPICTED IN "EXHIBIT B", ATTACHED AND INCORPORATED, TO "CLARINGTON ISLAND"; DIRECTING THE CITY MANAGER TO TAKE ALL ACTION NECESSARY TO EFFECTUATE THE RENAMING OF SAID ISLAND. 13-00959 Legislation.pdf 13-00959 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0317 Chair Sarnoff CA. 11 is the renaming of Spoil Island for Robert Clarington. And for those of you that don't know -- Guys want to step up, Sailing Club? Mr. Clarington is a pretty big hero to the sailing community, and he was the dock master who retired after 40 years on the waterfront. Why don't you guys do a much better job than I'll do so -- and there's Mrs. Clarington. Charles Hahn: Yes. Robert worked for Coconut Grove Sailing Club, starting in 1959, retired in 1999, but kept working until his passing in 2009. He took care of all of the boats, and now with this island being named after him, the island can now protect the boats just as Robert did for all of those years. I'd like to thank Commissioner Sarnoff and the Coconut Grove Master Plan Committee for backing this, andl'd also like to thankMayor Regalado and Commissioner Sarnoff for all the support they've been giving Coconut Grove Sailing Club the last few years. Thank you. Chair Sarnoff I think we need to hear from the wife. Women say it so much more succinctly than men. Thelma Clarington: I'd like to say I thank the City and Coconut Grove Sailing Club for doing this, because I really think my husband deserved it. City ofMiami Page 20 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Applause. Chair Sarnoff See what I mean? Anyone else want to speak, 'cause we certainly --? Ms. Clarington, we want to thankyou for coming in. We want to thankyou for Robert's 40 plus years Of service. Vice Chair Gort: Move it. Chair Sarnoff And there's a motion, and is there a second? Commissioner Spence -Jones: Second Commissioner Suarez: Second. Chair Sarnoff Second by Commissioner Spence -Jones. All in favor, please say aye. " The Commission (Collectively): Aye. Chair Sarnoff It is now Robert Clarington Island. Applause. CA.12 RESOLUTION 13-00870 Departinent of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Fire -Rescue RECEIVED APRIL 16, 2013, PURSUANT TO INVITATION FOR BID NO. 334293, FROM HALL -MARK FIRE APPARATUS, MUNICIPAL EQUIPMENT COMPANY, LLC., NORTH AMERICA FIRE EQUIPMENT CO., INC. AND TEN -8 FIRE EQUIPMENT, INC., FOR THE PURCHASE OF FIRE FIGHTING EQUIPMENT FOR THE DEPARTMENT OF FIRE -RESCUE, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT(S), SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 13-00870 Summary Form.pdf 13-00870 Tabulation.pdf 13-00870 Invitation for Bid.pdf 13-00870 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0318 CA.13 RESOLUTION 13-00960 DepartrnentofPo&ce A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: " FISCAL YEAR 2013 EDWARD BYRNE MEMORIAL JUSTICE City ofMiami Page 21 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 ASSISTANCE GRANT (JAG) PROGRAM," CONSISTING OF A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE, IN THE AMOUNT OF $333,241, TO PROVIDE FUNDING TO SUPPORT LAW ENFORCEMENT INITIATIVES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER DOCUMENTS, INA FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANTAWARD. 13-00960 Summary Form.pdf 13-00960 Letters - Department of Justice.pdf 13-00960 Project Summary - Grant. pdf 13-00960 Postaward Instructions.pdf 13-00960 FY' 13 Justice Assistance Grant Prgm -Application.pdf 13-00960 FY' 13 Justice Assistance Grant Prgm -Assurances & Certifications. pdf 13-00960 Legislation.pdf 13-00960 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0319 CA.14 RESOLUTION 13-01033 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY MIGUELA. HERVIS WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF $183,000 PLUS $3,500 PER YEAR FOR THE LIFE OF PLAINTIFF IN FULLAND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CASE STYLED MIGUELA. HERVIS VS. CITY OF MIAMI, PENDING IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 12-22418-CIV-SCOLA/O'SULLIVAN, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000. 13-01033 Memo - Office of the City Attorney. pdf 13-01033 Memo - Financial Signoff.pdf 13 -01033 -Legislation -SUB. pdf 13 -01033 -City Attorney Memo -Proposed Settlement.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: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez R-13-0320 Chair Sarnoff All right. Mr. Clerk, we have gone through the consent agenda, correct? City ofMiami Page 22 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Todd B. Hannon (City Clerk): I belief there's CA. 14. It was pulled. Chair Sarnoff Oh, I apologize. Maria J. Chiaro (Deputy City Attorney): CA. 14 -- Chair Sarnoff So CA. 14. Ms. Chiaro: --is an item from the City Attorney's Office. This was originally placed before you as a settlement of a lawsuit for the amounts of money to the plaintiffs. When briefed, the Commissioners were told that the case would be separately tried for the amounts of attorney's fees, the condition -- the Commissioners were told what those amounts were. And after looking at this settlement, the City Attorney's Office has negotiated a settlement to include the attorney's fees. So the item before you is in the packet not including attorney's fees, but would like to recommend an amendment that includes full and complete settlement of this case with the attorney's fees. Chair Sarnoff All right. Vice Chair Gort: Move it. Chair Sarnoff We have a motion by Commissioner Gort. Commissioner Spence -Jones: Second Chair Sarnoff Second by Commissioner Spence -Jones. Any discussion? Hearing no discussion, all in favor, please say aye. " The Commission (Collectively): Aye. Ms. Chiaro: Thank you. CAA 5 RESOLUTION 13-01048 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney PAYMENT OF ATTORNEY'S FEES AND COSTS, IN THE TOTAL AMOUNT OF $25,000, TO RONALD J. COHEN, P.A., AS REIMBURSEMENT FOR LEGAL FEES FOR DEFENDING OFFICER ODNEY BELFORT IN THE MATTER OF GERALD LELIEVE VS. MANUEL OROSA, ETAL., UNITED STATES DISTRICT COURT CASE NO. 10-23677-CIV-ALTO NAGA; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000 13-01048 Memo - Office of the City Attorney. pdf 13-01048 Memo - Financial Signoff.pdf 13-01048 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0321 Adopted the Consent Agenda City ofMiami Page 23 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF CONSENT AGENDA Chair Sarnoff All right, we're back to the consent agenda item. Do any of the Commissioners wish to pull any of the items from the consent agenda? And think we're up to Commissioner Gort. I think you wanted to -- No? Commissioner Carollo: Mr. Chairman. Chair Sarnoff Go ahead you're recognized. Commissioner Carollo: I'd like to pull CA. 9. Chair Sarnoff CA.9? Commissioner Carollo: Yes. Chair Sarnoff Any other Commissioners wish to pull any other item? I'd like to pull CA.7 and CA. H. And then do we have a motion for the remain --? Commissioner Spence -Jones: So moved. Maria J. Chiaro (Deputy City Attorney): Mr. Chair. Chair Sarnoff Yes, ma'am. Ms. Chiaro: You asked the Commissioners. I need to pull CA.14. Pursuant to discussions, I need to make a change on that. Chair Sarnoff I apologize. Mr. Manager, do you have anything you want to pull? Daniel J. Alfonso (Acting City Manager): No, Mr. Chair. Chair Sarnoff Okay. All right, so it looks like CA. 9, CA. 7, CA. 11, CA. 14 are pulled. Is there a desire for the Commissioners then to move the rest of the agenda? Commissioner Spence -Jones: So moved. Commissioner Suarez: Move the rest of the consent agenda. Chair Sarnoff Motion by Commissioner Spence -Jones, second by Commissioner Suarez. Any discussion? Hearing no discussion, all in favor, please say aye. " The Commission (Collectively): Aye. PUBLIC HEARINGS 9:00 A.M. PHA RESOLUTION City ofMiami Page 24 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 13-00922 Department of Community and Economic Development A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE TRANSFER OF CITY OF MIAMI DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT RESERVE ACCOUNT FUNDS IN THE TOTAL AMOUNT OF $1,500,000 TO THE CITY OF MIAMI FIRE -RESCUE DEPARTMENT FOR FIRE FIGHTING AND LIFE-SAVING EQUIPMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-00922 Summary Form.pdf 13-00922 Notice to the Public. pdf 13-00922 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-13-0322 Chair Sarnoff Public hearings. I guess that's where we are. PH. 1, Mr. Manager. A(redo Duran: Good morning. A(redo Duran, deputy director of the Department of Community and Economic Development. PH.1 is a resolution authorizing the transfer from the City ofMiami Department of Community and Economic Development, Community Development Block Grant reserve account, in the amount of $1.5 million; allocating said funds to the City of Miami's Fire -Rescue Department for firefighting and life-saving equipment. Commissioner Suarez: Move it. Commissioner Carollo: Second. Chair Sarnoff All right, we got a motion by Commissioner Suarez, second by Commissioner Carollo. It is a public hearing. Mr. Cruz, you're recognized for the record. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I'm speaking as a federal taxpayer. I don'tpay city tax or county, whatever, (UNINTELLIGIBLE) capital gains, 401k's, different things, no. (UNINTELLIGIBLE). But, you know, I wasn't going to say anything, but I have to say something because I wondered -- I know Dade County is a permissible use, but they don't come to the people anymore. Like the beginning of Community and Economic Development, it's a product of the great society and the war on poverty, 'cause I've been in community development since the beginning, and President Johnson, and then Nixon and everything. But none of you were around here, none of you were around here, and I was here, and I was also a union organizer another time so I know what I'm talking about. And we foundedAllapattah Community Action there in Allapattah, andABDA Allapattah Business Development Authority, based on community And there used to be a citywide advisory board on community development. We, the citizens of the neighborhood, decided the priorities, andl see now they come, Administration, and they charging 20 percent, not 19.99, but 20 percent for Administration, and they come and they tell us what to do, and I don't -- I vote -- I've been helping the firefighters, I know I vote the money to fix the gas station there. I mean the fire station at 12 and 20. But not too long ago, the firefighter department, it was a lot of people collecting 200 and $300, 000 a year, and it's there because I brought the Biscayne Times paper and give it to the people of Channel 41. Over 200 and 300, 000, a lot of people, because they say they have to have -- according to contract, they have to have a chief in every fire truck, and people were making -- people that make 50, $60 an hour collecting overtime -- City ofMiami Page 25 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Chair Sarnoff And in conclusion. Mr. Cruz: Yeah. But -- in conclusion -- remember, I am speaking as a lobbyist. Chair Sarnoff In conclusion. You done? Mr. Cruz: Well -- Chair Sarnoff You will be done in ten seconds Mr. Cruz: I know it's going to be approved, but you know, I want to make sure. Economic -- Community and Economic Development, they can fire -- I mean fund the Fire Department with the general fund and this is federal money, and now we don't have money to fix the (UNINTELLIGIBLE) -- Chair Sarnoff Thank you. Mr. Cruz: -- in the neighborhood, okay? ChairSarnoff Thankyou. Appreciate. Mr. Cruz: No, that's all right. That's okay. But I have to come here anyway and say it. Chair Sarnoff Thank you. Mr. Cruz: 'Cause I am the devil's advocate. Chair Sarnoff Thank you. Mr. Cruz: I know you don't like me, but that's all right. Chair Sarnoff I actually do like you. Mr. Cruz: I'll be here. I'll be coming here. Chair Sarnoff Thank you. Mr. Cruz: Because I am not afraid of you or anybody here. Chair Sarnoff Thank you. Mr. Cruz: Remember, the anticipation of death is worse than death itself. Vice Chair Gort: What was that again? Chair Sarnoff Something about death is something -- Commissioner Suarez: The anticipation of death is worse -- Mr. Cruz: Worse than death itself. Commissioner Suarez: -- than death itself. Chair Sarnoff Okay. City ofMiami Page 26 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Mr. Cruz: You think you're going to die, you die a thousand times. Chair Sarnoff Thank you. All right, you're recognized for the record Grady Muhammad: Good morning. Grady Muhammad, president and chief executive officer of Miami -Dade First, 5422 Northwest 7th Avenue. Mr. Chairman, Commissioners, one of the problems we have -- this is -- the Fire department needs funds, but that's a proprietary expense, a City expense. This comes out of economic development reserve funds, which is supposed to be for job creation, which is what everybody always talk about, jobs, jobs. Who's going to get these jobs? Now it's going to be from the residentsthrough the Chair, asking the assistant director, who's going --? Because there's a national objective that has to be met: 51 percent of these jobs got to go to low- and moderate -income residents. This is for life -safety equipment coming out of a economic development reserve fund. Who, Mr. Chair, Commissioners, will be getting these jobs outside of the entity that's purchasing -- the Fire department purchasing the equipment from those companies? But again, with the -- Miami being one of the poorest cities in this country and the needs for economic development, especially in the black community, Commissioner Spence -Jones, we should not be putting all of these funds -- again, we got more funds in resolution RE. 19 going to Metro Express; other funds going specifically to Public Works and Capital Improvements departments, but none of these things have ever created jobs for the residents that -- like the law implies. Who's getting these jobs? 'Cause I can tell you, when Metro Express did 63rd through 67th Street, 7th Avenue through 11th Avenue, not one black person worked on that project in the whole of the Liberty City, and we're giving more monies to Public Works, more monies to Capital Improvements. Those are eligible activities, but they also City proprietary expenses, and that's why we got to take these funds out of the general funds, out of those departments, Mr. Manager, and stop keep putting these monies -- 'cause it's commingling of funds. These funds is for the poor neighborhoods, Mr. Mayor. We need to put these monies back into the neighborhoods that need it. Like I say, I'm a supporter of the Fire department, but like we have other funds from the USR. We got monies from the United States Air initiatives. We have other funds from the Homeland Defense and -- Chair Sarnoff In conclusion. Mr. Muhammad: -- in conclusion, Mr. Chairman, Commissioners, please, when we start to putting these monies, let's look at the needs of the residents in the community and the businesses before we start looking at the needs -- Chair Sarnoff Thank you. Mr. Muhammad: -- of what the City are. Thank you -- Chair Sarnoff Thank you. Mr. Muhammad: --Mr. Chair. Chair Sarnoff Anyone else wishing to be heard on PH.1, please step up. Hearing none, seeing none, the public hearing is now closed, coming back to this Commission. There was a motion. There was a second. Any discussion? Hearing no -- Vice - Vce Chair Gort: Let me add. I think it's very important that the City ofMiami -- it is a federal program, that they have to comply with it and money has to be spent within certain time, and these funds needed to be spent in the neighborhood where those fire stations are located at and that's the only place it can be used Commissioner Suarez: Mr. Chair, ifI may? City ofMiami Page 27 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Chair Sarnoff Go ahead you're recognized. Commissioner Suarez: Yeah, I just want to dovetail off a little bit of what Commissioner Gort just said Two things: number one, we've had issues spending our federal economic development funds; and secondly, I understand what Grady's saying and it makes a lot of sense, but, you know, if we buy these -- this equipment, it allows us to have afire department that is more responsive and better equipped for these areas, which allows our citizens to be healthy and be productive, and so that's the tie in to economic development. We need healthy, productive citizens for there to be economic development in the first place. So I think --you know, that's just my take on the whole issue. Chair Sarnoff All right. Anyone else? Then all in favor, please say aye. " The Commission (Collectively): Aye. PH.2 RESOLUTION 13-00923 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AUTHORIZING THE DE -OBLIGATION OF COMMUNITY Economic DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS, FROM THE AGENCIES Development OR ACTIVITIES, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, IN THE TOTALAMOUNT OF $213,328.15; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT CDBG RESERVE ACCOUNT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-00923 Summary Form.pdf 13-00923 Notice to the Public. pdf 13-00923 Legislation.pdf 13-00923 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0323 Chair Sarnoff All right, PH. 2. A(redo Duran (Deputy Director, Community and Economic Development): PH.2 is a resolution that authorizes the de -obligation of Community Development Block Grant funds from the agencies and/or activities as specified in Exhibit A, in the amount of $213,328.15; allocating saidfunds to the City ofMiami's Department of Community and Economic Development reserve. Chair Sarnoff All right, is there a motion? Vice Chair Gort: Move it. Commissioner Spence -Jones: It's a public hearing. Chair Sarnoff Motion by Commissioner Gort, second by -- City ofMiami Page 28 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Commissioner Spence -Jones: It's a public hearing. Chair Sarnoff Yeah, but let's take the motions first. But we'll have a public hearing, I promise. Second? Commissioner Spence -Jones: Second Chair Sarnoff Second. Public hearing is now opened Mr. Muhammad, you're recognized for the record. Grady Muhammad: Again, 213, 000 was de -obligated and putting it back into the economic reserve fund. This is why we can't spend this money, 'cause every year we've been putting funds in the economic development fagade, economic development single-family or hard -cost construction. We got $3 million of unallocated funds, but proposals have been coming 'cause there's nothing coming out that the community can be able to do. CD (Community Development) is not doing anything, but the --for this item. A hundred thousand dollars, Commissioner Spence -Jones, is coming from Rafael Hernandez Housing and Economic Development Corporation, one of the most successful organizations and fagade in District 5. They've been expanded. They can't do housing, but they can use this [sic] funds, this $100, 000, not for housing but for administration, because there's only one person, Mr. Lewis. That's the only -- the executive director who's running this organization. He can't do it by his [sic] self. Andl can tell you now, under this proposed de -obligation with no other funds for administration, this is the prelude to destroying one of the most successful organizations that have helped businesses in District 5 on the Northeast 2ndAvenue, Northwest 2ndAvenue, 62nd Street, 7th Avenue, and now 15th Avenue corridors, and we're allowing monies to be taken. These little nonprofit organizations can't spend the money fast enough, because the contract sometimes two months, three months, six months before they get it. So we have to start to looking at who's responsible for why these funds are not being spent in a timely manner. And if we can't seem to stop this -- because this ain't, quote/unquote, fist started. "This has been going on for years now, but nobody's taking accountability. Nobody's been fired for the lack of these monies being spent in a timely money [sic], these funds getting returned back to HUD (Department of Housing and Urban Development). That's incompetence, gross negligence. And this community can't afford to let no money go back to HUD, because it's too doggone poor, Mr. Chairman and Commissioners. And with this money, we should not take the money from Rafael Hernandez Housing and Economic Development Corporation. You should -- if you take it, you should give them eleven hundred thousand dollars [sic] so they can be able to continue to be the most successful organization in District 5 helping fagade businesses. Thank you. Chair Sarnoff Thank you. All right, anyone else wishing to be heard on Public Hearing 2? Commissioner Spence -Jones: Yes, Mr. Chair. I'm not going to continue to, you know -- I'm not going to address it over and over again, so I'm just going to address it once. First of all, the de -allocation is coming from D2 and not D5, so let's be clear on that. So when we spew venom out on the mike, not only in the chambers but on television, let's be clear that that de -allocation is not coming from D5. D5 tries to spend every dime, every quarter, every penny it has -- Vice - Vce Chair Gort: On everyone. Commissioner Spence -Jones: -- to get things done in the district. He did make a very true statement and hopefully with the new City Attorney that would change. But a lot of the contracts, not necessarily because of your department, but because of things getting stuck in the City Attorney's Office, a lot of those contracts were not moving. So hopefully, with the new leadership, we'll see that moving, so that's the reason. Not because of CD, but because some of those contracts have gotten stuck in the Law department and have not moved, so those are the delays. So I just want to put it clearly on the record that it's a D2 alloca -- de -allocation, not a City ofMiami Page 29 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 D5 de -allocation. Chair Sarnoff And just so I can be very clear to my fellow Commissioners, my experience with Rafael Hernandez is very much the opposite of anything that was said here today. Once one of their, I guess, key employees left -- and that may not be the total reason -- I've had basically a horrible experience with them. And I'm de -allocating these funds to put them into a park in the West Grove. So I've determined having been here for a number of years, that some of these not -for -profits don't do what they claim to do and certainly don't do it in a responsible, responsive time frame, though their executive directors and the number -two person make sure they get compensated right away, but the money never gets out to the street. So I see it very differently. Andl'm de -allocating these monies to put it towards -- my goal has been for the year, candidly, Commissioner Spence -Jones, to create a Gibson -like park over atArmbrister. But she's dead right that she's not de -allocating her money from Rafael Hernandez; I am deallocating -- Commissioner Spence -Jones: Well, let me add to you, though. You know, in -- not necessarily in this particular item, but I'm agreeing with your earlier statement. Leadership has changed in the organization. So even in my district, even though I still do fagades and I still do rehabs, 'cause they're important for the businesses in my district, Rafael Hernandez has had some issues because leadership has changed, so I want to be clear on that, you know. So you are right. And when Janitza (phonetic) and a few other people were there, they worked very hard. They got a lot of great stuff done, but I think that they're trying to figure out their way and work through those details. But this particular item, I just didn't want something to be said about the organization and me de -allocating it on this item 'cause that's not the truth. But I have de -allocated them and given it to another organization to do the work because I feel like they're struggling trying to get back on their feet. Andl don't want to say anything negative about the organization, 'cause I think the organization is a great organization, but they are having some challenges now. Chair Sarnoff All right, I think have to close the public hearing. Public hearing on item number 2, anyone wishing to speak, is now closed. Coming back to the Commission, arty further discussion? Hearing no further discussion, all in favor, please say aye. " The Commission (Collectively): Aye. PH.3 RESOLUTION 13-00924 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY Economic DEVELOPMENT BLOCK GRANT FUNDS IN THE TOTALAMOUNT OF Development $225,450, AS SPECIFIED IN EXHIBIT "A", ATTACHEDAND INCORPORATED, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DISTRICT 4 ECONOMIC DEVELOPMENT RESERVE ACCOUNT TO THE CITY OF MIAMI CAPITAL IMPROVEMENTS PROGRAM FOR ROADWAY IMPROVEMENTS LOCATED AROUND NORTHWEST 4TH STREET BETWEEN 27TH AVENUE AND NORTHWEST 31 ST AVENUE, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-00924 Summary Form.pdf 13-00924 Notice to the Public. pdf 13-00924 Legislation.pdf 13-00924 Exhibit 1.pdf City ofMiami Page 30 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 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-13-0324 Chair Sarnoff All right, PH. 3. A(redo Duran (Deputy Director, Community and Economic Development): PH.3 is a resolution that trans -- to transfer Community Development Block Grant funds, in the total amount of $225,450, as specified in Exhibit A, from the City of Miami Department of Community and Economic Development, District 4, Economic Development reserve account, to the City ofMiami Capital Improvement Program, CIP, for roadway improvements, located at Northwest 4th Street, between 27th Avenue and Northwest 31st Avenue. Commissioner Suarez: Move it for discussion. Chair Sarnoff Motion by Commissioner -- Commissioner Carollo: Second. Chair Sarnoff -- Suarez, second by Commissioner Carollo. It's a public hearing. Mr. Muhammad, you're recognized for the record. Grady Muhammad: Again, I think -- Mr. Chairman, Commissioner, Mr. Director, Mr. acting City Manager, we requested a report, because we was given so much money for the CIP (Capital Improvements Program) and these -- again, these national objectives for job creation has to be met. So there was no component from CIP to ensure that the national objectives for job creation below the moderate income residents has to happen. We had passed a policy to change that. So now I'd like to try to get a copy of that report, specifically from the CIP, where we're giving all of the CDBG (Community Development Block Grant) dollars to CIP. Those national objectives for job creation, 51 percent still has to be met. And all -- and since -- originally, there was no policy in place on how to monitor, ensure those compliance with national objectives and federal regulations. We passed a policy --the City Commission passed a policy to ensure that those policies now be carried out and followed Andl definitely like to see a report from --for the Theater Marti with Miami -Dade College, because we spent a lot of money -- we spending a lot of money in the districts, and it's good, because there's a lot of needs in the district, and the district Commissioners know what they need. But at the end of the day, I still would like to request a copy of the report, specifically for those funds and the last year and a half, two years that has gone from Community Development Block Grants to CIP and Public Works and see the number ofjobs that has likewise have come from the residents of those neighborhoods. Thankyou, Commissioners. Chair Sarnoff Thank you. Anyone else -- Commissioner Suarez: Mr. Chair. Chair Sarnoff -- wishing to be heard on PH. 3, PH. 3? Public hearing is now closed, coming back to this Commission. Commissioner Spence -Jones: So moved. Chair Sarnoff I think it's been moved -- Commissioner Suarez: It's been moved. City ofMiami Page 31 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Chair Sarnoff Somebody moved and -- Commissioner Spence -Jones: Second Chair Sarnoff -- seconded it. Commissioner Carollo: Yes. Chair Sarnoff Any discussion. Commissioner Suarez: Yes, I do. I have a little bit of discussion. Again, I just want to reiterate a couple of points. One is this allocation is as a result of the federal government cracking down on the City ofMiami for not spending its federal economic development monies timely, so that's issue number one. We have our economic development funds. We have a practice of distributing them by district, and then we also have what they call "program income, " which is income that has been derived from our economic development activities, and we have some -- it seems like we have sometimes economic development money that is -- you know, that is citywide instead of just district specific. So, you know, my -- what l feel is my obligation as a district Commissioner is to spend my economic development money timely so that we don't have -- we don't lose economic development money like we just did Andl have to look at the needs of my district. My district has -- it's the largest -- I didn't even realize this until recently -- in terms of square miles. It has the most roads. It's the flattest district. And it has the least amount of apartments, the least amount of buildings, so from a population perspective, it has a lot of roads. So it has a lot of needs. And the tie in, Grady, between the roads -- if we have good roads, people can get to work faster and create more economic development. If we have a lot of potholes, as Commissioner Carollo was saying, which I agree with him wholeheartedly, then you bust a tire, can't get to work; can't get to work, you get fired. You get fired -- you know how the story goes. So, you know, we also are running -- andl've talked to the City Manager about this andl've talked to the CIP director about this. I -- my district is running out of bond money because we have -- our needs -- the bond money was allocated, which, to a certain extent, I can understand why it was allocated fairly by district in terms of the equal amount, but the fact of the matter is District 4 has a much, much greater need for street bond money, for any sort of street improvement money than any other district because we have the flattest district. We have the most linear miles of roads, by far, in any district. Maybe District I is close, but it's right behind us. But aside from that, all the other districts have a lot of buildings, maybe District 5 also. But in any event, that's why it was allocated this way, to meet the timeliness issue. I'm going to be allocating money timely always and then also, you know, because we're running out of bond money for our streets. Thank you. Chair Sarnoff All right. Any further discussion? Commissioner Spence -Jones: Nope. Chair Sarnoff All in favor, then please say aye." The Commission (Collectively): Aye. PHA RESOLUTION 13-00772 Departinent of Parks A RESOLUTION OF THE MIAMI CITY COMMISSION, BY FOUR-FIFTHS and Recreation (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; City ofMiami Page 32 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 WAIVING THE REQUIREMENTS FOR SEALED COMPETITIVE BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF THE GPS LOCKBOX, TO BE USED CITYWIDE, FROM INNOVATIVE INTELLIGENT PRODUCTS, LLC, D/B/A GPS LOCKBOX, THE SOLE SOURCE PROVIDER, FOR AN INITIAL CONTRACT TERM OF ONE (1) YEAR, WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 13-00772 Summary Form.pdf 13-00772 Notice to the Public. pdf 13-00772 Memos - Sole Source Finding.pdf 13-00772 GPS Lockbox.pdf 13-00772 Sole Source Justification. pdf 13-00772 Contract Award. pdf 13-00772 Bluewater Wireless GPS Lockbox. pdf 13-00772 US Patent & Trademark Office.pdf 13-00772 Legislation.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 Spence -Jones Absent: 1 - Commissioner(s) Suarez R-13-0325 Chair Sarnoff PH 4. Juan Pascual: Good afternoon. Juan Pascual, director of Parks Recreation Department. PH 4 is a resolution raging the City Manager's finding of a sole source for GPS (Global Positioning System) lockbox devices for vehicles and equipment. It's a contract value of not to exceed $50, 000 for one year with two one-year options. These lockbox devices are installed in vehicles and in equipment in trucks in order to install GPS tracking devices, which will help management provide efficiencies, routes supervision, and assist all the departments and able to manage their fleets properly and their route responsibilities. Vice Chair Gort: Move it. Chair Sarnoff We have a motion by Commissioner Gort. Commissioner Spence -Jones: It's a public hearing. Commissioner Carollo: Second for discussion. Chair Sarnoff Second by Commissioner Carollo. Let me open up a public hearing. Anyone from the public wishing to be heard on PH. 4, PH. 4, please step up. Hearing none, seeing none, public hearing is now closed. Commissioner Carollo is recognized for the record. Commissioner Carollo: Thankyou, Mr. Chairman. The first thingl want to mention is the GPS lockbox. Why is it a sole source? Andl would imagine that there's various companies that do maybe not exactly the same, but similar. Kenneth Robertson: Good morning, Commissioners. Kenneth Robertson, Purchasing director. This particular item is a sole source because the lockboxes are designed for Verizon wireless cell City ofMiami Page 33 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 phones. The City's citywide contracted vendor for mobile communication devices is Verizon Wireless. This lockbox is actually designed for the phones that we get under contract. And the lockbox has a patent pending device that allows to bypass the phone's battery and charge the phone directly from the vehicle's battery. That unique aspect of the lockbox, plus the fact that it's designed exclusively for Verizon phones makes it a sole source. Commissioner Carollo: Did you understand that? 'Cause -- Vice - Vce Chair Gort: Yeah. Commissioner Carollo: -- I -- he lost me somewhere in there. Mr. Robertson: When you turn the vehicle on, not only does it turn the phone on automatically; the phone battery is not being used. The vehicle's battery is actually charging the cell phone. When you turn the vehicle off, it also turns the phone off automatically through that battery eliminator module. It's very -- a unique design. Commissioner Carollo: But is the GPS device the actual phone? Mr. Robertson: Yes, yes. And so this is just a hardware purchase for the actual device that locks the Verizon cellphone inside of it. Commissioner Carollo: So the Verizon cellphone is actually the GPS device -- Mr. Robertson: Yes. Commissioner Carollo: -- that is installed? Mr. Robertson: And that's per contract. It's just the locking hardware that we're buying by a sole source. Commissioner Carollo: And let me askyou something. I mean, did we have to go with Verizon? Isn't there other GPS devices that could have been used? I mean -- Mr. Robertson: The City's award for cell phones is with Verizon, and that's through 2017. Commissioner Carollo: Okay, so what you're saying is that it's not a -- some type of other device. The device is actually a cellphone. Mr. Robertson: Correct. Commissioner Carollo: So if the City has a Verizon cellphone, we have to go with that? Mr. Robertson: Correct. And the phones are free. Commissioner Carollo: And the phones are free, okay. Who's going to be monitoring these cell phones or GPS devices? Mr. Robertson: The individual departments have their own fleet management access to a website that tracks the GPS vehicles. Commissioner Carollo: Can any -- andMr. Manager, maybe, you know, you could elaborate on that. Are you going to be -- have access to who, you know, is driving where or how -- you know, 'cause I want to know who's going to be monitoring these vehicles and is the actual driving recorded? So if a vehicle goes from point "A" to point "B, " is that going to be recorded where City ofMiami Page 34 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 two weeks later, you could actually see where that vehicle has been -- has driven? Mr. Pascual: Yes, sir. Currently, the Parks Department has 96 of our 112 vehicles that have the lockbox. What we do is each supervisor has access. It's a web -based access. You can look at it on your computer. You can look at it on your Whone. You log in, and it gives you a map where you can actually track the route of the vehicle. Every time the vehicle stops for a duration of time, it gives you the time, the date, and how many minutes or hours that vehicle is stopped at the location. You will also have a printout report. There's various different reports that you can do. So it does provide us the ability --for example, our mobile cruise in the Parks Department. We were able to adjust and modify our routes to create more efficiency and give them a little bit more work to do on a daily basis, taking averages of how much time they would spend at each park providing that particular service through the use of this GPS device. So it is a very positive management tool. And all the supervisors have access to the vehicles that are assigned under their responsibility. I, myself, have the ability to go on and look at all our vehicles, the whole entire fleet. Commissioner Carollo: Do the supervisors also have GPS devices in their vehicles? Mr. Pascual: Every vehicle in the Parks Department, including supervisors, our division chiefs that have assigned vehicles. Every vehicle -- right now we have 96 that have it. The reason why we need to do this is to be able to add our additional 12, which are new vehicles that came into the fleet. So every vehicle, 112, including our cranes, trash trucks, supervisor vehicles, every vehicle in the Parks Department will have this device. Commissioner Carollo: Okay. And every 24-hour vehicle, even including yourselves? Mr. Pascual: I don't -- yeah. Well, I don't have a 24-hour vehicle. But all the 24-hour vehicles, the five that we have in the department, also have the device, yes. Every vehicle in our department will have this device after we do these 12 that are pending. Commissioner Carollo: Okay. I just want to make sure that if we were going to do the Parks Department, every vehicle would have the GPS device. Mr. Pascual: Yes, sir. And before we install these, we had, you know, contact with the union also and we told them every vehicle is going to have it, no exceptions. Commissioner Carollo: Okay, fair enough. Mr. Pascual: Thankyou. Chair Sarnoff All right. Any further discussions on PH. 4? All in favor, please -- didl close the public hearing? All in favor, please say aye. " The Commission (Collectively): Aye. PH.5 RESOLUTION 13-00874 DepartrnentofPublic A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, OF AN APPROXIMATELY FIFTY (50) FOOT WIDE STRIP OF CITY OF MIAMI OWNED PROPERTY LOCATED AT VIRGINIA KEY (NORRIS CUT CHANNEL), MIAMI FLORIDA, AS MORE City ofMiami Page 35 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR A PERPETUAL NON-EXCLUSIVE EASEMENT ON SAID PROPERTY, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF WATER FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT. 13-00874 Summary Form.pdf 13-00874 Notice to the Public. pdf 13-00874 Legislation.pdf 13-00874 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0326 Chair Sarnoff PH 5. Henry Torre: Good morning, Commissioners. Henry Torre, director ofPublic Facilities. PH.5 is a resolution granting an approximately 50 -foot -wide professional nonexclusive easement to Miami -Dade Water and Sewer on City -owned property located at Virginia Key. Vice Chair Gort: Move it. Commissioner Spence -Jones: Second Chair Sarnoff Motion by Commissioner Gort, second by Commissioner Spence -Jones. It's a public hearing on PH. 5, PH. 5. Hearing none, seeing none, public hearing is now closed. Coming back to this Commission, any discussion? Hearing no discussion, all in favor, please say aye. " The Commission (Collectively): Aye. PHA RESOLUTION 13-00898 DepartrnentofPublic A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER AND LIGHT COMPANY, A FOR-PROFIT FLORIDA CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF AN APPROXIMATELY TEN (10) FOOT WIDE STRIP OF CITY OF MIAMI OWNED PROPERTY LOCATED AT 3600 NORTHWEST 7 AVENUE, MIAMI, FLORIDA ("PROPERTY") (ALSO KNOWN AS MOORE PARK), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROUND ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, ENLARGE, CHANGE THE VOLTAGE AS WELL AS THE SIZE OF AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT. City ofMiami Page 36 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 13-00898 Summary Form.pdf 13-00898 Notice to the Public. pdf 13-00898 Legislation.pdf 13-00898 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0327 Chair Sarnoff PH 6. Henry Torre (Director, Public Facilities): PH. 6 is a -- Commissioner Spence -Jones: So moved. Mr. Torre: PH (Public Hearing) -- Commissioner Spence -Jones: You can read it in the record, though. Mr. Torre: I'm sorry, Commissioner? Commissioner Spence -Jones: Go ahead and read it into the record. Mr. Torre: PH 6 is a resolution granting to Florida Power & Light nonexclusive easement of a 10 foot -wide strip on City -owned property, located at 3600 Northwest 7th Avenue, known as Moore Park. Chair Sarnoff Motion by Commissioner Spence -Jones -- Commissioner Carollo: Second. Vice Chair Gort: Second. Chair Sarnoff -- second by Commissioner Carollo. Public hearing. Anybody wishing to be heard on PH. 6, PH. 6, please step up. Hear none, seeing none, coming back to this Commission. Any discussion. Hearing no discussion, all in favor, please say aye. " The Commission (Collectively): Aye. 5:00 P.M. PH.7 RESOLUTION 13-00713 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), DESIGNATING AS A BROWNFIELD AREA, OR FINDING THAT THE CRITERIA FOR DESIGNATION AS A BROWNFIELD AREA DOES NOT EXIST, FOR THE PROPERTY LOCATED AT 144 AND 152 SOUTHWEST 8TH STREET, MIAMI, FLORIDA ("PROPERTY"), FOR THE DEVELOPMENT OF WEST BRICKELL VIEW, A MULTI-LEVELAPARTMENT BUILDING WITH SIXTY FOUR (64), ONE AND TWO BEDROOM AFFORDABLE HOUSING UNITS, IN ACCORDANCE WITH FLORIDA STATUTE 376.80 SECTION 2(B) (1-5); AUTHORIZING THE CITY MANAGER TO NOTIFY THE FLORIDA City ofMiami Page 37 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE MIAMI-DADE DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES OF THE EXPANSION TO THE EXISTING BROWNFIELD AREA BOUNDARY IF THE PROPERTY IS DESIGNATED, AND TO UNDERTAKE ANY OTHER NECESSARY RELATED PROCEDURES, NOTICES, AND REQUIREMENTS FOR SAID DESIGNATION. 13-00713 Summary Form.pdf 13-00713 Notice to the Public. pdf 13-00713 Legislation Title - Version A or B.pdf 13-00713 Legislation - Version A.pdf 13-00713 Exhibit 1 - Version A.pdf 13-00713 Exhibit 2 - Version A.pdf 13-00713 Exhibit 3 - Version A.pdf 13-00713 Exhibit 4 - Version A.pdf 13-00713 Exhibit 5 - Version A.pdf 13-00713 Exhibit 6 - Version A.pdf 13-00713 Legislation - Version B.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PH.7 was continued to the October 10, 2013 Commission Meeting at 5: 00 p. m. PH.8 RESOLUTION 13-00721 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), DESIGNATING AS A BROWNFIELD AREA, OR FINDING THAT THE CRITERIA FOR DESIGNATION AS A BROWNFIELD AREA DOES NOT EXIST, FOR THE PROPERTY LOCATED AT 1026 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA ("PROPERTY"), FOR THE DEVELOPMENT OF WEST BRICKELL TOWER, A MULTI-LEVEL APARTMENT BUILDING WITH THIRTY TWO (32), ONE AND TWO BEDROOM AFFORDABLE HOUSING UNITS, IN ACCORDANCE WITH FLORIDA STATUTE 376.80 SECTION 2(B) (1-5); AUTHORIZING THE CITY MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE MIAMI-DADE DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES OF THE EXPANSION TO THE EXISTING BROWNFIELD AREA BOUNDARY IF THE PROPERTY IS DESIGNATED, AND TO UNDERTAKE ANY OTHER NECESSARY RELATED PROCEDURES, NOTICES, AND REQUIREMENTS FOR SAID DESIGNATION. City ofMiami Page 38 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 13-00721 Summary Form.pdf 13-00721 Notice to the Public. pdf 13-00721 Legislation Title - Version A or B.pdf 13-00721 Legislation - Version A.pdf 13-00721 Exhibit 1 -Version A.pdf 13-00721 Exhibit 2 - Version A.pdf 13-00721 Exhibit 3 - Version A.pdf 13-00721 Exhibit 4 - Version A.pdf 13-00721 Exhibit 5 - Version A.pdf 13-00721 Exhibit 6 - Version A.pdf 13-00721 Legislation - Version B.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PH.8 was continued to the October 10, 2013 Commission Meeting at 5: 00 p. m. PH.9 RESOLUTION 13-00722 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), DESIGNATING AS A BROWNFIELD AREA, OR FINDING THAT THE CRITERIA FOR DESIGNATION AS A BROWNFIELD AREA DOES NOT EXIST, FOR THE PROPERTY LOCATED AT 850 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA ("PROPERTY"), FOR THE DEVELOPMENT OF VISTA GRANDE APARTMENTS, A MULTI-LEVEL APARTMENT BUILDING WITH EIGHTY NINE (89), ONE AND TWO BEDROOM AFFORDABLE HOUSING UNITS, IN ACCORDANCE WITH FLORIDA STATUTE 376.80 SECTION 2(B)(1-5); AUTHORIZING THE CITY MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE MIAMI-DADE DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES OF THE EXPANSION TO THE EXISTING BROWNFIELD AREA BOUNDARY IF THE PROPERTY IS DESIGNATED, AND TO UNDERTAKE ANY OTHER NECESSARY RELATED PROCEDURES, NOTICES, AND REQUIREMENTS FOR SAID DESIGNATION. 13-00722 Summary Form.pdf 13-00722 Notice to the Public. pdf 13-00722 Legislation Title- Version A or B.pdf 13-00722 Legislation - Version A.pdf 13-00722 Exhibit 1 - Version A.pdf 13-00722 Exhibit 2 - Version A.pdf 13-00722 Exhibit 3 - Version A.pdf 13-00722 Exhibit 4 - Version A.pdf 13-00722 Exhibit 5 - Version A.pdf 13-00722 Exhibit 6 - Version A.pdf 13-00722 Legislation - Version B.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. City ofMiami Page 39 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PH.9 was continued to the October 10, 2013 Commission Meeting at 5: 00 p. m. END OF PUBLIC HEARINGS ORDINANCE - SECOND READING SRA ORDINANCE Second Reading 13-00831 District 2- AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER Commissioner Marc 2/ ARTICLE XI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS David Sarnoff AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS", MORE PARTICULARLY BY CREATING A NEW DIVISION 21 ENTITLED "WYNWOOD BUSINESS IMPROVEMENT DISTRICT BOARD," CONTAINING SECTIONS ESTABLISHING THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT BOARD ("BID BOARD"), SETTING FORTH SAID BOARD'S PURPOSES, FUNCTIONS, POWERS, RESPONSIBILITIES AND DUTIES; PROVIDING FOR MEMBERSHIP, QUALIFICATIONS, NOMINATIONS AND APPOINTMENTS OF MEMBERS, TERMS OF OFFICE, FILLING OF VACANCIES, MEETINGS, QUORUM, ATTENDANCE REQUIREMENTS, REMOVAL AND ASSIGNMENT OF STAFF AND LIAISON(S), AN ANNUAL REPORT, THE SOURCE OF FUNDS AND INAPPLICABILITY OF SUNSET PROVISIONS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-00831 Legislation (Version 3).pdf Motion by Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 13404 Chair Sarnoff Okay. I think that brings us to second readings, page 16 on the agenda. This is an ordinance of the City ofMiami, amending Chapter 2/Article 11 of the City ofMiami code, Florida, as amended, entitled `Administration/Boards, Committees, Commissions, more particularly by creating anew district entitled the "Wynwood Business Improvement District, containing sections establishing the Wynwood Business Improvement District, BID board, setting forth the said board's purposes, functions, powers, responsibilities, duties; providing for membership, qualifications, nominations, and appointments of the members', term of office, filling of vacancies, meeting a quorum, attendance requirements, removal and assignment of staff liaisons. It's coupled with an annual report, the source of funding, and the applicability of sunset provisions. This is, Commissioner Spence -Jones, I guess my last hoorah for Wynwood. But I think the BID's a great thing. Commissioner Spence -Jones: Yes. Chair Sarnoff I hope you agree. Commissioner Spence -Jones: Very excited about it. Chair Sarnoff So I'm going to hand the gavel over to the Vice Chair and move the item, if you City ofMiami Page 40 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 don't mind? Commissioner Spence -Jones: No problem. Second. Vice Chair Gort: It's been moved and second. It's a public heraring. Anyone would like to address this issue? You're recognized. Grady Muhammad: Good morning, Commissioners. This is a great thing. And I think, as others have talked about BIDS all over this country, we need to have a BID in our Model City, 'cause we got to definitely work to help with the MiMo (Miami Modern) BID on Biscayne Boulevard that's now part of District 5. I think we got to definitely work with all of those, Ms. Lieberman and all of them, to try to help them create or make thatMiMo BID a reality. And then we have to potentially look at creating some other MiMo BIDS on 441 Model City, because the business owners should have the opportunity, like everyone else, to tax themselves to see if they want to be able to bring they own security, to bring their own fagade program independent in anyone else. Andl think this is a great item for Wynwood. It's burgeoning. I growed [sic] up in Overtown. When I growed [sic] up, Wyn -- Overtown went all the way up to 36th Street. I used to go to the Orange Blossom -- the orange juice factory that was on Northwest 2ndAvenue. I used to go get the oranges. So I think this is a great item for Wynwood, andl think with it, the residents and the business who've approved that this is something that they want, I think we need to definitely expand this to the rest of D5. Thank you. Commissioner Spence -Jones: So -- Vice Chair Gort: Arty further discussion? Commissioner Spence -Jones: No further discussion, but I do -- Vice Chair Gort: Being none -- Commissioner Spence -Jones: -- I would -- Vice Chair Gort: -- close the public hearings [sic]. Commissioner Spence -Jones: Yes. I'm sorry. Vice Chair Gort: Discussion. Commissioner Spence -Jones: So I would like to -- I'm studying on taming my tongue, so ifI seem a little reserved today, I'm learning -- I'm studying on how to tame my tongue. So don't take my quietness for weakness; I'm just trying to go there. But just so that I can respond to this comment, yes, we have looked at BIDS in Little Haiti. We have looked at BIDS in Liberty City. We have looked at BIDS in other parts of the district. Unfortunately, especially in the Model City area, many of those businesses do not want to be taxed above what they're already being taxed, so that was something that they had no consideration to want to do. So I just wanted to make sure I responded to that comment. Vice Chair Gort: Okay. Arty further discussion? Being none, all in favor -- ToddB. Hannon (City Clerk): Excuse me, Vice Chair. Madam City Attorney -- Vice Chair Gort: Yes. Mr. Hannon: -- do you want to read the title into the record? City ofMiami Page 41 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Maria J. Chiaro (Deputy City Attorney): The title has been read on the record by the Chair in full. Mr. Hannon: Thankyou, Chair. Roll call on item -- Chair Sarnoff And I thought I did a pretty good job, too. Vice Chair Gort: Roll call. Mr. Hannon: -- SR.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 5-0. Unidentified Speaker: Thankyou. END OF SECOND READING ORDINANCE ORDINANCES - FIRST READING FRA ORDINANCE First Reading 13-00773 City Manager's Office AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEES", MORE PARTICULARLY BY AMENDING SECTION 18-557 ENTITLED "LIVING WAGE", TO EXPAND THE TIME FRAME FORAPPLICATION OF THE LIVING WAGE TO CITY OF MIAMI EMPLOYEES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-00773 Summary Form SR.pdf 13-00773 Legislation FR/SR.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 13405 Chair Sarnoff All right, FR.1 is the living wage. Commissioner Spence -Jones: Yeah. Mr. Chairman, I wanted to kind of deal with this with the other issue as well. Chair Sarnoff Want to bring it back? Okay. Then we'll -- we will -- so we could table this until, let's say, like 4:30, 4:45. Commissioner Spence -Jones: Right. Chair Sarnoff Right around there. Commissioner Spence -Jones: And you prefer that too, right, Danny? City ofMiami Page 42 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Daniel J. Alfonso (Acting City Manager): Commissioners, I am okay with moving this item to be in conjunction with the resolutions for the budget changes that are coming. Chair Sarnoff Okay. Commissioner Spence -Jones: Thankyou. Later... Chair Sarnoff I think now the best thing to do is for us to bring up the living wage, some pattern of -- Mr. Manager, to give you a moment to get assembled. Mr. Alfonso: FR. I. Chair Sarnoff You are correct, FR. 1. I think we delayed that till 4:30, 4:45. Mr. Alfonso: Correct. If you're ready? Chair Sarnoff You're recognized for the record, sir. Mr. Alfonso: Thank you, Chairman. FR.1 is an ordinance of the Miami City Commission amending Chapter 18/Article X of the Code of the City ofMiami, Florida, as amended, entitled "Finance/Living Wage Requirements for Service Contracts and City Employees, " more particularly by amending Section 18-557 entitled "Living Wage, " to expand the time frame for application of the living wage to the City ofMiami employees; containing a severability clause and providing for an effective date. In effect, Commissioners, what we are requesting is that the implementation of the living wage for the temps of the City ofMiami be postponed until '14115 [sic] so that we can manage through the budget process what will be a cost of approximately $1.5, $1.6 million, which we will look to implement in the '14115 [sic] year budget -- in the '14115 [sic] budget year. Chair Sarnoff Okay. All right, so is there a motion? Vice Chair Gort: What is the motion? Chair Sarnoff This is on living wage. This is putting the living wage in the '15116 [sic] budget, right? Mr. Alfonso: The '14115 [sic], Commissioner. Chair Sarnoff Fourteenlfifteen [sic] budget. I apologize. All right. Commissioner Carollo: Do we have a full Commission? Vice Chair Gort: Move it. Chair Sarnoff Commissioner -- Vice - Vce Chair Gort: Discussion. Chair Sarnoff We have a motion by Commissioner Carollo -- Commissioner Gort. Commissioner Carollo: Second. City ofMiami Page 43 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Chair Sarnoff Second by Commissioner Carollo. Any discussion? Commissioner Suarez: Yeah. I mean, my discussion on this issue -- and I spoke with the Manager about it in my briefings. I don't think it's fair -- andl'll keep my comments limited -- I just don't think it's fair to give some of our employees, you know, a supplement and not others, particularly the ones that are the lowest paid in our City. That's just my --that's my perspective on this issue, and so I'm not going to support it. Chair Sarnoff Any other discussion? Commissioner Carollo: No. The only thing is that I thought the 3 percent -- Chair Sarnoff This isn't the 3 percent. Vice Chair Gort: No. Commissioner Carollo: Right. No, I understand that. But when you're saying a supplement -- Commissioner Suarez: Doesn't apply to these work -- to these employees. Commissioner Carollo: Understood But this isn't about the 3 percent. This is about just postponing the living wage ordinance. Commissioner Suarez: I agree. Commissioner Carollo: So, I mean -- I think, if you want to bring the discussion as far as does it include those, and if we include those, I think that would be in the other discussion, but I don't know if one has to deal with the other and -- Commissioner Suarez: Maybe I'm not making myself clear. We do have a category of employees that are going to potentially get a 3 percent supplement today. Commissioner Carollo: Right. Commissioner Suarez: These are not in that category. Commissioner Carollo: Right. But -- Commissioner Suarez: So let me -- but -- Commissioner Carollo: -- it could be mentioned and that's something in the other item; and it doesn't necessarily, with this, mean that you can't pass this and then the other one, have that discussion or that debate at that time. You understand what I'm saying? Commissioner Suarez: Kind of. Mr. Alfonso: Commissioner -- ifI may be recognized, Mr. Chairman. Chair Sarnoff Oh, yeah, go ahead Mr. Manager. Mr. Alfonso: Commissioner, it has been requested by an elected official that we calculate the cost of including the temps and part timers in the 3 percent pay. We have looked at that. The cost is an additional $359, 000 to the 6.4 that we had computed before. That is a separate item from this. City ofMiami Page 44 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Commissioner Carollo: Right. Mr. Alfonso: If the Commission wishes to include those, that can be done on that other item. Vice Chair Gort: It's a different item. Commissioner Suarez: I think that's a very creative thing. I would like a little bit of time to think about it. I mean, it just was presented to me a second ago. Commissioner Carollo: Table it. Commissioner Suarez: So in fairness -- I mean -- Chair Sarnoff You want to table this? Commissioner Suarez: Yeah. I mean, I guess, table it. Chair Sarnoff All right. Later... Chair Sarnoff All right, we had one tabled item and that tabled item was the living wage. Commissioner Suarez: I will support it, now that we have done what I think is the right thing to do across the board with all the employees, so. Chair Sarnoff All right, so we had a motion, we had a second. All in favor, please say "aye. " The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): Sir, this is a first reading ordinance, FR. 1. Chair Sarnoff An ordinance? Oh, I apologize. Mr. Alfonso: Yes, it was FR.1. I'm -- Chair Sarnoff Madam City Attorney, it's an ordinance. Mr. Hannon: Public hearing, sir? Maria J. Chiaro (Deputy City Attorney): The ordinance -- at the time the motion was made, the Manager read the ordinance into the record. Commissioner Carollo: Roll call. Chair Sarnoff Oh, it's been read into the record? I apologize. Mr. Alfonso: Yes, I read it in to the record when we first called it. Chair Sarnoff Mr. Clerk, the roll call. Mr. Hannon: Sir, can we open and close the public hearing? Chair Sarnoff Did we? City ofMiami Page 45 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 F R.2 12-01170 Mr. Hannon: No, sir, we didn't have a public hearing earlier. Chair Sarnoff This is on living wage. Anybody wishing to be heard on -- you're right, it's an ordinance. I apologize. Anybody wishing to be heard on living wage, the living wage ordinance, please step up. Hearing none, seeing none, coming back to this Commission. Mr. Clerk, it is an ordinance. Mr. Hannon: Roll call on Item FR. 1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 5-0. ORDINANCE First Reading District 4- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 10/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Francis Suarez AMENDED, ENTITLED "BUILDINGS/REGISTRATION OF VACANT, BLIGHTED, UNSECURED OR ABANDONED STRUCTURES," MORE PARTICULARLY BYADDING NEW SECTIONS 10-66 AND 10-67, ENTITLED "CREATION OF REGISTRY FOR DISTRESSED PROPERTIES" AND "REGISTRATION OF DISTRESSED PROPERTY," RESPECTIVELY, CREATING AND IMPLEMENTING A PROCESS FOR THE REGISTRATION OF DISTRESSED PROPERTIES; ADDING DEFINITIONS FOR PURPOSES OF ESTABLISHING THE REGISTRATION PROCESS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 12-01170 Legislation (Version 3).pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF FIRST READING ORDINANCES RESOLUTIONS REA RESOLUTION 12-00961 Department of ITEM TO BE WITHDRAWN BY THE ADMINISTRATION Purchasing A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 287252, THAT THE FIRMS MOST QUALIFIED TO PROVIDE TOWING SERVICES FOR POLICE/FIRE DISPATCHED TOWING AND WRECKER SERVICES FOR PRIVATE VEHICLES, AND TOWING OF CITY -OWNED, LEASED, OR RENTED VEHICLES, FOR THE DEPARTMENTS OF POLICE AND GENERAL SERVICES ADMINISTRATION ARE: NU -WAY TOWING SERVICE, INC.; KING'S WRECKER SERVICE, INC.; DOWNTOWN TOWING City ofMiami Page 46 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 COMPANY; FREEWAY TOWING OF MIAMI, INC.; MOLINA TOWING, INC.; TED & STAN'S TOWING SERVICE, INC.; BANOS TOWING SERVICES CORP.; MIDTOWN TOWING OF MIAMI, INC.; SOUTHLAND THE TOWING COMPANY, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE A TOWING/WRECKER AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID FIRMS, FORA PERIOD OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM VARIOUS SOURCES OF FUNDS FROM USER DEPARTMENTS AND AGENCIES, AUTHORIZING SAID SERVICES, AS NEEDED, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED. 12-00961 Summary Form.pdf 12-00961 Award Recommendation Form.pdf 12-00961 Memo - Towing Srvcs. - Citywide.pdf 12-00961 Evaluation Committee Towing Revenue.pdf 12-00961 Detail by Entity Names.pdf 12-00961 Addendum No. 4.pdf 12-00961 Request for Proposals.pdf 12-00961 Sourcing.pdf 12-00961 Legislation.pdf 12-00961 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.2 RESOLUTION 13-00907 Departinent of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "URBAN AREA SECURITY INITIATIVE ("UASI") GRANT PROGRAM FISCAL YEAR 2012", AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF $5,239,265, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, DIRECTLY TO THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE FEDERALLY -FUNDED SUBGRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD; AUTHORIZING THE CITY MANAGER TO EXTEND SAID UASI GRANT PROGRAM FISCAL YEAR 2012 AS NECESSARY AND TO EXECUTE ANY OTHER RELATED MODIFICATIONS, AMENDMENTS OR EXTENSIONS ON ALL MATTERS EXCEPT THOSE DEALING WITH FUNDING CHANGES; AUTHORIZING THE EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND SECURITY EXPENSE PURSUANT TO THE UASI GRANT GUIDELINES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDA OF AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH ITS CONTIGUOUS PARTNERS, STATED HEREIN, SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI City ofMiami Page 47 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 PROJECT ADMINISTERED BY THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE, CONTINGENT UPON FUNDING OF SAID PROJECT BEING SECURED. 13-00907 Summary Form.pdf 13-00907 Legislation.pdf 13-00907 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-13-0328 Chair Sarnoff All right. So now we would be moving to RE. 2. RE.2 is, I believe, gentlemen and Commissioner Spence [sic], on page 20, and it is accepting the UASI (Urban Areas Security Initiative) grant. Commissioner Spence -Jones: So moved, but you can put it on the record. Commissioner Suarez: Second. Chair Sarnoff We have a motion by Commissioner Spence -Jones, second by Commissioner Suarez. Chief, you're recognized. Deputy Chief Reginald Duren (Fire): Deputy Chief Reggie Duren. This is a resolution establishing a special revenue project, entitled "Urban Area Security Initiative Grant Program 2012; " appropriating funds in the amounts of $5, 239, 265 from the U.S. Department of Homeland Security; authorizing the City Manager to execute memoranda of agreements with our contiguous partners. Chair Sarnoff All right. We have a motion, second Any discussion? Commissioner Carollo: Yes, sir. Chair Sarnoff Commissioner Carollo's recognized for the record, then Commissioner Gort. Commissioner Carollo: Thank you. Chief, I'm going to be supportive, but at the same time, I want to be cautious about it, because even though it's gotten better, there's still the reimbursement process is still lagging what it should be, and you still have a lot of carryovers year after year. So, again, I'm going to be supportive, but I want to be cautious, because, you know, it's something that, you know, continuously, it's a finding in our audit report. Okay. Deputy Chief Duren: Yes, sir. We'll continue to work on that and create efficiencies. We are reducing that number substantially. But you're correct; we do have to continue working on that number. Commissioner Carollo: Yeah. And as I mentioned, I know it's getting better, but still, we're not where we need to be. Deputy Chief Duren: Yes, sir. Commissioner Carollo: Thank you. Chair Sarnoff Go ahead Commissioner Gort. City ofMiami Page 48 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Vice Chair Gort: My understanding is, at this time, the cities that have the agreement with us will make their payments, they'll get reimbursed once they have the -- we have our reimbursement ourselves. Deputy Chief Duren: Yes, sir. Vice Chair Gort: Am I correct? Deputy Chief Duren: Correct. Vice Chair Gort: The City's not going to front arty funding, at all? Deputy Chief Duren: The City has not front money for other cities, or municipalities, or counties, no. Vice Chair Gort: Okay. Thank you. Chair Sarnoff Then I was operating under the assumption that we had caught up, and apparently, I didn't read the audit carefully as Commissioner Carollo has, but I know I've had you up here before and you said we're up to date. Vice Chair Gort: We're not. Deputy Chief Duren: No. What I said was why you won't see the large number of outstanding dollars is because we don't front the dollars we once did, so we've decreased it. However, we do need to work on improvements in terms of getting our reimbursements. But a large part of that has to with the closeouts and making sure that we spend all the dollars associated with the grant. Chair Sarnoff So -- and I don't -- Daniel J. Alfonso (Acting City Manager): Mr. Chairman, I'm sorry. I think there's a -- may I speak for a second? I think there's a misunderstanding. The Chairman is asking are we fronting for other cities? Are we caught up with other cities? We're not fronting any monies out of the City ofMiami for other cities that later get reimbursed, correct? Deputy Chief Duren: That is correct. Commissioner Carollo: (UNINTELLIGIBLE). Mr. Alfonso: The reimbursements that Commissioner Carollo is referring to are City expenses that are reimbursed from the grants, so we're -- Chair Sarnoff Oh, so it's a journal entry? Mr. Alfonso: Well -- Chair Sarnoff No, it is -- Commissioner Carollo: No. Chair Sarnoff -- inevitably. It's a journal entry. Vice Chair Gort: No, no, no, no. Commissioner Carollo: No, no. City ofMiami Page 49 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Mr. Alfonso: Commissioner, we're talking about there are expenses that are grant funded that the City ofMiami for City ofMiami programs and projects -- Chair Sarnoff Agreed. Mr. Alfonso: -- get spent, then get reimbursed by the grant. We need to do better to get those reimbursed quicker so that the money from the grant can -- Chair Sarnoff That's our own internal issue. Mr. Alfonso: Yes, that is correct. Chair Sarnoff So it is inevitably a journal entry that needs either be completed based on whatever paperwork is needed, but that's our fault. Mr. Alfonso: Correct. Commissioner Carollo: Well, that's why I said -- Vice - Vce Chair Gort: Yes. Commissioner Carollo: -- Chief -- Chair Sarnoff No. Commissioner Carollo: -- that's why I'm pointing it out, and I'm saying -- and they have gotten better. Let's start from there. But we're still not where we need to be -- Chair Sarnoff Are we -- Commissioner Carollo: -- and that's why I'm still -- Chair Sarnoff So let me ask you. Are we carrying journal entries -- and I'm going to call them journal entries, Commissioner. Just for my sake, they're going to be journal entries. Are we -- Vice -Vce Chair Gort: Accounts receivable. Chair Sarnoff But they're not because we've received the money. What net -- Vice -Vce Chair Gort: No, no, no, we have not received the money. Commissioner Carollo: No, we have not received the money. Vice Chair Gort: Uh-uh. Deputy Chief Duren: Correct. Chair Sarnoff Then somebody treat me like I'm a four year old and walk me through it. Commissioner Suarez: They're grant reimbursements. Commissioner Carollo: They need to fill out the paperwork and -- Chair Sarnoff Agreed. City ofMiami Page 50 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Commissioner Carollo: -- produce it so we could get the money back. Chair Sarnoff But -- no, no, no. By accepting the volume of dollars, it sits in our bank account. Commissioner Carollo: No, it does not. Vice Chair Gort: No, it don't. Chair Sarnoff Does not. Commissioner Suarez: No. The federal government awards, but we actually get the cash once we submit the reimbursement package. Chair Sarnoff Oh, okay. Commissioner Carollo: Exactly. And we have not -- Chair Sarnoff So it's not a volume of dollars sitting in our bank account that then you go show -- I got you. Commissioner Suarez: No. Chair Sarnoff Okay. So it is a -- it's reimbursable. It is -- I thought we took all the money in for all the cities. Deputy Chief Duren: No, no, not for this grant. Commissioner Carollo: Don't worry, Mr. Chairman. We -- Mr. Alfonso: We used to, my understanding, actually front monies for other cities. Chair Sarnoff No. I -- right. That was years -- Mr. Alfonso: That has been stopped and we're caught up. We're still a little bit delayed with our own internal reimbursements. It becomes an accounting function, because we record the receivable in the fund, but the actual cash is not getting here fast enough. Deputy Chief Duren: I might say, some of the delays are associated with the state, and they in turn take the package. They receive and approve and forward it to the feds. So there's various layers associated with the process. Commissioner Carollo: Don't worry, Mr. Chairman; leave the accounting and the following up with the finances to me. I'm on top of it. Chair Sarnoff Well, I appreciate that, but I should understand it. Are we carrying from an '013 budget to an '014 budget reimbursable expenses that have not been paid? Commissioner Carollo: Yes. Vice Chair Gort: '12 -- '12/'13. Mr. Alfonso: There's a very high likelihood of it. However, the -- I'll say this. I mean, this is a 2012 allocation, so the federal monies actually come well -- City ofMiami Page 51 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Deputy Chief Duren: Eighteen months. Mr. Alfonso: --yeah. -- behind -- We're actually spending monies right now that are for prior years allocations. So the '13 [sic] allocation for this program hasn't even been made yet, right? Deputy Chief Duren: Correct; no, it has not. Chair Sarnoff Okay. All right. Commissioner Carollo: We're on top of it. Vice Chair Gort: (UNINTELLIGIBLE) been made from two years back Chair Sarnoff I understand. I -- my understanding was we took the volume of dollars in for all -- I thought we were the recipient agency and we accepted the applications from the other sub -municipalities [sic] -- Mr. Alfonso: We do. Chair Sarnoff -- and that that money was deposited based on the allocation -- so it's not an allocated amount. It becomes a reimbursable amount. Mr. Alfonso: It's an allocated amount, but it's not actually transferred cash to us. It is held by the federal government. Commissioner Carollo: Exactly. Mr. Alfonso: And then when the packet -- Chair Sarnoff You treated it as an extremely good receivable. Mr. Alfonso: You got it. Deputy Chief Duren: Mr. Chair, if you wish, I would gladly have the program manager arrange a meeting with you and discuss it so you can get the details and clearer understanding. Chair Sarnoff No, I -- you taught this four year old what to do; I got it. I understand it. I got it. All right, so RE. 2, we have a motion. We have a second. Arty further discussion? All in favor, please say aye. " The Commission (Collectively): Aye. RE.3 RESOLUTION 13-00958 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney EXPENDITURE OF ATTORNEY'S FEES AND COSTS FOR THE ENGAGEMENT OF OUTSIDE CONFLICT COUNSEL REGINALD CLYNE OF THE LYDECKER DIAZ LAW FIRM, FOR THE REPRESENTATION OF NESTOR GARCIA IN THE CASE OF LARRY WILLIAMS VS. CITY OF MIAMI, ETAL., PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 13-cv-22822-UU, AND MIAMI-DADE CIRCUIT COURT CASE NO. 13-24932 CA 01; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000. City ofMiami Page 52 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 13-00958 Memo - Office of the City Attorney. pdf 13-00958 Legislation.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-13-0329 Chair Sarnoff Okay, RE.3. Madam City Attorney, want me to read it for you? Sorry? Maria J. Chiaro (Deputy City Attorney): It doesn't need to get read. It's a resolution, but you know that, right? Chair Sarnoff You want to put anything on the record? Ms. Chiaro: What? I'm sorry? Chair Sarnoff Do you want to say anything? Ms. Chiaro: Yes. Chair Sarnoff Oh, okay. Ms. Chiaro: I believe Commissioner Spence -Jones needs -- Commissioner Spence -Jones: --yeah. Ms. Chiaro: -- to make a statement. Commissioner Spence -Jones: Yeah, but I want to hear from Grace, though, really fast. Go ahead. Grace Solares: Thankyou. Chair Sarnoff But wait. Let -- Grace, let me -- I don't know. I can't believe we're not doing this. RE.3 is a resolution of the City ofMiami authorizing the expenditure of attorney's fees for cost engagement outside -- of outside counsel -- conflict counsel Reginald Clyne of Lydecker Diaz law firm for the representation of Nestor Garcia in the case of Larry Williams versus the City ofMiami, et al., pending in the United States District Court. Ms. Chiaro: This item was placed on the agenda by the City Attorney's Office because the representation of the defendant/police officer in this lawsuit presented a conflict for the Office of the City Attorney in that that defendant/police officer is also a plaintiff in a case against the City ofMiami. Chair Sarnoff Okay. Ms. Chiaro: So it is necessary for the City Attorney's Office to remove itself from this representation and to retain an attorney for representation of this police officer. Chair Sarnoff Understood You're recognized, Ms. Solares. Ms. Solares: Thank you. Grace Solares, 60 Southwest 30th Road I recognize the issue that Ms. Chiaro just presented. But I have to remind you that Manny Diaz is one of the partners of City ofMiami Page 53 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Lydecker Diaz, and I have to also remind you that Manny Diaz was the ex Mayor of the City who caused, we believe, the people an enormous debacle in the City. He's the man who gave us the Marlins stadium; who took most of the public land and Bicentennial Park and gave it out for $2 a year; who gave us a tunnel for which we're paying $50 million for interest; who gave us a global agreement; who left the City on the verge of bankruptcy; who allowed Monty Trainers -- Monty restaurant to ignore the rental payments for innumerable years; who was part and parcel of the fee debac -- higher fee debacle; who was found guilty of violating ethics rules and was fined; who left this City with a serious SEC (Securities & Exchange Commission) investigation for which we're going to pay millions of dollars, and then I could go on and on and on. It would be a slap in the face and a mockery of the residents of this City were this Commission to vote to hire Lydecker Diaz. There are hundreds and hundreds of law firms in Miami -Dade County and thousands and thousands of attorneys. I ask that, in respect to the citizens who continue paying for Diaz' deed, you reject the appointment of this firm and instruct the City Attorney to recommend another firm. I do recognize that some of you are probably grateful because he was a great friend and has actually helped some of you throughout the years. But I'm sure you wouldn't go out of your house, go to your next-door neighborhood and tell him to give you thousands and thousands of dollars so you can repay that gratefulness that you have. Don't pay Mr. Diaz with the taxpayers' money, mine, in this particular case. You have the choice for other law firms that are experts. If this is a violation of civil rights, there are many here who are experts in civil rights violation. So I do, please, request that you don't do this; you don't make a mockery of the system and, least of all, all of the citizens of the City. Thank you so much. Chair Sarnoff Thank you. Anyone -- I guess this is not a public hearing. I apologize. We don't have a motion or a second, do we? Commissioner Spence -Jones: Yeah. Mr. Chairman, I just want to disclose that I have a professional relationship so I will not be voting on this item. Chair Sarnoff Okay. Anyone else? Commissioner Suarez: Move it. Chair Sarnoff Want to make a motion? Commissioner Suarez: Move it. Chair Sarnoff Motion by Commissioner Suarez. Commissioner Suarez: This --quick question. This was recommended by the City Attorney's Office, correct? Commissioner Spence -Jones: Yeah. Chair Sarnoff Correct. Commissioner Suarez: Okay. Vice Chair Gort: How do we go about selecting it? Ms. Chiaro: Mr. Chair, if you wish for me to clam on the record. Commissioner Suarez: Sure. Ms. Chiaro: This request is to appropriate funds to pay the law firm. The City Attorney has the absolute discretion to select the attorneys. So if you do not vote to appropriate funds, in effect it City ofMiami Page 54 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 indirectly says to the City Attorney "bring us back another attorney, " I guess. But Ms. Solares mixed both of those statements with you. This is an allocation of funds. You have the discretion to reject the allocation of funds. You do not have the discretion on selection of attorney under the charter. That's un --that is wholly within the purview and solely within the purview of your City Attorney. Commissioner Spence -Jones: And l just want to be clear. For me, the professional relationship, as you know, is Reginald Clyne, so that's the reason why I'm -- and just also be clear, this is not the first time that we've used Lydecker's firm for other things, so that should not even be a consideration for this time. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: Do we have an amount? Ms. Chiaro: No, there is not an amount. This is a defense of a civil rights action, so it will be an hourly amount. We negotiate the hourly amount with our outside counsel. I believe it's $250 an hour. It might be 200, but I will check; way below the market rate, which is normally the way the City Attorney's Office negotiates the rates. Commissioner Carollo: Understood Is there a cap? No? Ms. Chiaro: This is no cap. Chair Sarnoff All right. Any further discussion on this? ToddB. Hannon (City Clerk): Excuse me, Chair. Chair Sarnoff Do we have a motion? Mr. Hannon: I --yes, sir. Chair Sarnoff We have a motion. . Is there a seconder? Vice Chair Gort: My understanding -- let me understand again -- this resolution is to approve the funding, not the -- Chair Sarnoff No. Vice Chair Gort: --firm? Am I correct? Chair Sarnoff Authorizing -- oh, you're right. I apologize. You're right, the funding, expenditure. Vice Chair Gort: Authorizing the expenditure -- Chair Sarnoff Right, not the selection. Vice Chair Gort: -- not the designation of the selection of the firm. Chair Sarnoff Right. Vice Chair Gort: Okay, second. City ofMiami Page 55 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Chair Sarnoff All right, we have a second Any further discussion? All in favor, please say aye. " The Commission (Collectively): Aye. Chair Sarnoff All right, RE. 4. Commissioner Carollo: Mr. Chairman -- Unidentified Speaker: Good morning. Commissioner Carollo: -- I wasn't going to ask, but I do want to ask. Madam City Attorney, is this the normal practice? Vice Chair Gort: RE. 5. Commissioner Carollo: Is this past practice? 'Cause it seems to me this is what we've done with all officers, but I know this is a little different because of the lawsuit. Ms. Chiaro: Yes, this is the practice. Commissioner Carollo: Thank you. REA RESOLUTION 13-00272 DepartinentofHuman A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Resources ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 348322, THAT EB JACOBS, LLC, IS THE HIGHEST -RANKED FIRM, TO PROVIDE AND ADMINISTER THE PROMOTIONAL EXAMINATION PROCESSES FOR THE CLASSIFICATIONS OF POLICE CAPTAIN AND SERGEANT, FOR THE DEPARTMENT OF HUMAN RESOURCES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR A PERIOD OF TWO (2) YEARS, WITH OPTIONS TO RENEW FOR THREE (3) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER, SHOULD NEGOTIATIONS FAIL WITH THE HIGHEST -RANKED FIRM, TO NEGOTIATE AND EXECUTE A PSA WITH THE SECOND-HIGHEST RANKED FIRM I/O SOLUTIONS, INC; FURTHER AUTHORIZING THE CITY MANAGER, SHOULD NEGOTIATIONS FAIL WITH THE SECOND-HIGHEST RANKED FIRM, TO REJECT ALL PROPOSALS AND ISSUE A NEW RFP SOLICITATION. 13-00272 Summary Form.pdf 13-00272 Legislation.pdf 13-00272 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 56 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0330 Chair Sarnoff Are we not on RE. 4? RE. 4? RE (Resolution) -- Commissioner Suarez: Yeah, 4. Commissioner Carollo: RE. 4. Vice Chair Gort: RE. 5. Chair Sarnoff Why do you keep saying RE. 5? RE. 4. Vice Chair Gort: We finished 4, didn't we? Chair Sarnoff No. Unidentified Speaker: No, no, no. Chair Sarnoff That was 3. Commissioner Spence -Jones: Three. Commissioner Carollo: That was 3. Chair Sarnoff This is 4. RE. 4. Amy Klose: Hi. Amy Klose, director of Human Resources. RE.4 is a resolution of the Miami City Commission, with attachments, accepting the recommendation of the City Manager, approving the findings of the evaluation committee, pursuant to the request for proposals 348322, that EB Jacobs, LLC (Limited Liability Company) is the highest -ranked firm to provide and administer the promotional examination processes for the classifications of police captain and sergeant for the Department of Human Resources; authorizing the City Manager to negotiate and execute a professional services agreement in substantially the attached form for a period of two years, with the option to renew for three additional two-year periods; allocating funds from the various sources of funds of the user department, subject to the availability of funds and budgetary approval at the time of need; further authorizing the City Manager, should negotiations fail with the highest -ranked firm, to negotiate and execute a PSA (Professional Services Agreement) with the second highest -ranked firm I/O Solutions; further authorizing the City Manager, should negotiations fail with the second highest -ranked firm, to reject all proposals and issue a new RFP (Request for Proposals) solicitation. Chair Sarnoff All right. Vice Chair Gort: Move it. Chair Sarnoff There's a motion by Commissioner Gort -- Commissioner Carollo: Second for discussion. Chair Sarnoff -- second by Commissioner Carollo. Commissioner Carollo, you're recognized for the record. Commissioner Carollo: Thank you. I guess I'm going to be supportive of this because I think we need to do it; however, I'm looking at the cost and it's just -- I mean, we're talking two hundred City ofMiami Page 57 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 and something thousand dollars for monitoring this exam and, you know -- so I'm -- again, the cost is just -- Chair Sarnoff Can I ask you a question? Ms. Klose: Sure. Chair Sarnoff Is this particular -- I've learned to be very pedantic with this issue. This is for sergeants. Does this particular exam come with an indemnity from EB Jacobs? Ms. Klose: There is an indemnity, yes. Chair Sarnoff Have we ever had a sergeant's exam and not been sued? Ms. Klose: Let me defer to my testing and validation specialist. Commissioner Carollo: AndMr. Chairman, that's where I was going, because if we're going to pay -- Chair Sarnoff Right, that's your cost. Commissioner Carollo: Yeah. We're --yeah, exactly. Chair Sarnoff That's your cost. Commissioner Carollo: Yes. Chair Sarnoff If you have never -- as far as I know since I've been here -- not even sure we ever had a sergeant's exam, which I think is a different issue, which is -- Commissioner Carollo: Sergeant and captain. Chair Sarnoff Right. Vice Chair Gort: It's the sergeant and captain. Chair Sarnoff Police officer. We needed both. But I think the cost associated with this is their indemnity to the City, because I don't think we've ever had a successful exam that we have not been sued. Commissioner Carollo: But I want them to put that in the record and say that's -- Chair Sarnoff No, I -- but I heard you say that -- Commissioner Carollo: Because -- Chair Sarnoff -- I was like there's the factoring in of that cost. Eyran Kraus: Eyran Kraus, testing and validation supervisor with the Department of Human Resources. The answer to your question is that there has been a police sergeant examination where the City has not been sued. That was 2006, 2006 -- Chair Sarnoff We didn't get sued on that. Mr. Kraus: -- 2008 process. City ofMiami Page 58 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Chair Sarnoff Okay. Mr. Kraus: But before that, it's a different story. Commissioner Carollo: Andl'm sorry. Which company did that exam? Mr. Kraus: Same company, EB Jacobs; may have been under a different name, but it's the same individuals, same staff. Chair Sarnoff All right. I just --I wanted to just suggest to you why the cost is probably there. Commissioner Carollo: Yeah. I mean, we're talking, more or less, 240, 000, quarter of a million dollars to do an exam and monitor it. And it's one exam per two years, correct? Mr. Kraus: Correct. And this will be for a contract up to four exams. Commissioner Carollo: I got you. Chair Sarnoff Mr. Ortiz, it's not a public hearing. I know you're there. I'm going to give you a minute. Javier Ortiz: Thank you. Not only the 2006 but our last one, which was about two years ago, so actually the last two sergeant's exams we've had no litigation. Chair Sarnoff Okay. Mr. Ortiz: Thank you. Chair Sarnoff Thank you. All right, any further discussion? Then all in favor, please say aye. " The Commission (Collectively): Aye. Vice Chair Gort: Yes. Did we learn anything from the suit, so we make sure we made the changes so we won't get sued again? Mr. Kraus: The suits that we had were going back about 20 years. And the answer is yes, we've learned from that and we've incorporated changes. Vice Chair Gort: Okay. Thank you. RE.5 RESOLUTION 13-00927 DepartinentofHuman A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Resources ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH EB JACOBS, LLC, THE HIGHEST- RANKED FIRM, PURSUANT TO REQUEST FOR PROPOSALS NO. 316283, TO PROVIDE AND ADMINISTER THE PROMOTIONAL EXAMINATION PROCESSES FOR THE CLASSIFICATIONS OF CHIEF FIRE OFFICER, CAPTAIN AND LIEUTENANT, FOR THE DEPARTMENT OF HUMAN RESOURCES, FOR A PERIOD OF FOUR (4) YEARS, WITH OPTIONS TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT City ofMiami Page 59 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 13-00927 Summary Form.pdf 13-00927 Pre-Legislation.pdf 13-00927 Legislation.pdf 13-00927 Exhibit 1.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 Spence -Jones Absent: 1 - Commissioner(s) Suarez R-13-0331 Chair Sarnoff Okay, RE. 5. Amy Klose: RE.5 is a resolution of the Miami City Commission, with attachments, authorizing the City Manager to execute a professional services agreement, in substantially the attached form, with EB Jacobs, LLC (Limited Liability Company), the highest -ranked firm, pursuant to the request for proposal 316283, to provide and administer their promotional examination process for the classifications of chief fire officer, captain, and lieutenant for the Department of Human Resources, for a period of four years, with the option to renew for two additional two-year periods; allocating funds from the various sources of funds of the user department, subject to the availability of funds and budgetary approval at the time of need. Chair Sarnoff All right. Is there a motion on RE. 5? Commissioner Suarez: Move it. Commissioner Carollo: Move it. Vice Chair Gort: Second. Chair Sarnoff Is there a second? Motion and second Mr. Suarez, you'll get a one minute -- Robert Suarez: Commissioner, Robert Suarez, Miami Association of Firefighters. We've been -- had a lot less incidents of litigation on the fire side. I could tell you, in my experience, you're -- the amount of litigation is directly proportional or in -- you know, inversely proportional to the amount of coordination and discussion that there's been between the association that represents the officers, who are the end users of the exam, and the City administering the exam. The more discussion that there is, the more cooperation that there is on the issues that we bring to the City, the less likely there ever is litigation. I think that's the key to that issue. Thank you. Thank you for the support on this issue. Chair Sarnoff All right, so RE. 5, we have a motion. We have a second. Arty further discussion? Hearing no further discussion, all in favor, please say aye. The Commission (Collectively): Aye. REA RESOLUTION 13-00928 DepartinentofHuman A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Resources ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE City ofMiami Page 60 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 ATTACHED FORM, WITH 1/0 SOLUTIONS, INC., THE HIGHEST -RANKED FIRM, PURSUANT TO REQUEST FOR PROPOSALS NO. 348289, TO PROVIDE AND ADMINISTER THE PROMOTIONAL EXAMINATION PROCESSES FOR THE CLASSIFICATION OF POLICE LIEUTENANT, FOR THE DEPARTMENT OF HUMAN RESOURCES, FOR A PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT(S), SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVALAT THE TIME OF NEED. 13-00928 Summary Form.pdf 13-00928 Pre-Legislation.pdf 13-00928 Legislation.pdf 13-00928 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0332 Chair Sarnoff RE. 6. Amy Klose: RE.6 is a resolution of the Miami City Commission, with attachments, authorizing the City manager to execute a professional services agreement, in substantially the attached form, with I/O Solutions, Incorporated, the highest -ranked firm, pursuant to the request for proposal 348289, to provide and administer the promotional examination processes for the classification of police lieutenant for the Department of Human Resources, for a period of two years, with the option to renew for three additional two-year periods; allocating funds from the various sources of funds of the user departments; subject to the availability of funds and budgetary approval at the time of need. Chair Sarnoff All right. So do we have a motion on RE. 6? Commissioner Carollo: Yeah, I move it. Chair Sarnoff Motion by Commissioner Carollo -- Vice - Vce Chair Gort: Second. Chair Sarnoff -- second by the Vice Chair. Commissioner Carollo: Discussion. Chair Sarnoff Commissioner Carollo is recognized for the record. Commissioner Carollo: Mr. Chairman -- actually, no. Ms. Klose, why was the captain and sergeant separate from the lieutenants? Ms. Klose: Oh, yeah. Our lieutenants were under the federal order so -- Commissioner Carollo: Can you put it in laymen's terms? Ms. Klose: The federal order that resulted from the consent decree -- City ofMiami Page 61 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Commissioner Carollo: Uh-huh. Ms. Klose: -- we still have to report to the DOJ (Department ofJustice) on all of the promotional exams for lieutenant. Commissioner Carollo: And not on sergeants? Ms. Klose: No. We've been removed for that; just police officer and lieutenant. Commissioner Carollo: So -- Vice - Vce Chair Gort: They remove little things as we go along. Commissioner Carollo: Okay. Chair Sarnoff Does the reporting factor into the cost associated with the conducting of the exam? Ms. Klose: No. That's under our -- the costs come out of our budget. Chair Sarnoff The City reports -- Ms. Klose: Yeah, we report it. Chair Sarnoff -- and as far as they're concerned they're just conducting the exam -- Ms. Klose: Correct. Chair Sarnoff -- and it's not an added expense from their standpoint in terms of their bid? Ms. Klose: Right. Vice Chair Gort: Let me ask a question, 'cause there's a lot of people setting here and there's a lot of people watching this. Why don't you go through the process why it cost so much, this type of test? 'Cause people out there saying You paying $121, 000 for tests? "And I think it's a little more complicated than any other test. Commissioner Carollo: And Commissioner Gort Vice Chair Gort: Yes. Commissioner Carollo: --the 121, 000 per year -- Vice - Vce Chair Gort: Per year. Commissioner Carollo: -- they're doing one exam in two years. Vice Chair Gort: Right. Commissioner Carollo: So 121 times 2. Vice Chair Gort: Right. Commissioner Carollo: But this one's a little different. The calculation is a little different, but it's roughly two hundred and something thousand per exam. City ofMiami Page 62 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Vice Chair Gort: But I think it's important to explain the process. Ms. Klose: Okay. Eyran Kraus: To take any exam -- Eyran Kraus again, Human Resources. The cost figures in different aspects to the exam. It's not a multiple choice exam. It's an exam that assesses the abilities of these individuals. These individuals' roles are very, very important in terms of protecting life and property, and as such, the examination has to match that. For example, with police sergeant, we have approximately 350 individuals who apply on average. The numbers may be higher. But in essence, what we -- they go through a written examination first. It's called a Situation Judgment Test. It cost money to develop that. The individuals who have that experience are -- they are individuals who are not in the state ofFlorida. They are professionals, police professionals, for example -- the same would apply with fire professionals -- outside the state of Florida. And they -- it takes a lot of time to come up with the scenarios. They're not just questions and answers. It requires decision making so the test assesses decision making. That takes awhile to develop and takes expertise. The other part of that would be the oral board process, which is a series of exercises that are again crafted and then there are parallel -- there are different versions that are added, because you can't give somebody on Monday the same version as Friday, because there may be some sort of advantage. So there's different versions that are developed. They also come in and they do something called a job analysis, which is looking at what the individual does, the task that they do, and then from that an examination is built. That also cost money. The other cost is for the assessors, the live assessors that the City requires, and that's going back a few decades, based on our history and our experiences. We preferred the method of live assessors, which is individuals from outside the state of Florida who are fire or police professionals, to come in and spend time. It could be as little as four days. It could be as many as eight days. They do not get paid for the time. What they do get reimbursed for is per diem expenses for food, for airfare, which is now pretty costly, and also the accommodations, the hotel accommodations. Otherwise, it's -- they volunteer. But that runs in the tens of thousands of dollars, as well. We find that this process, first of all, from a scientific point of view, it predicts performance. It's one of the best ways to predict performance, andl think it's important to predict those better performing folks out of the group, especially for these classifications in these departments, especially for their impact on life and property. So the process works. It can be defended and it has been successfully defended. And that's why the FOP (Fraternal Order ofPolice) president had mentioned that the last two police sergeant exams, there was no litigation, because the process works in terms of selecting the best people. We minimize on litigation and therefore financial risk to the City. Vice Chair Gort: Thankyou. I appreciate it. I know about the -- how it goes, but I'm --I think it's very important for people to understand why it cost so much. Thank you. Mr. Kraus: You're welcome, sir. Chair Sarnoff All right. So we had a motion and a second, Mr. Clerk? ToddB. Hannon (City Clerk): Yes, sir. Chair Sarnoff Any further discussion? All in favor, please say aye. " The Commission (Collectively): Aye. RE.7 RESOLUTION 13-00912 DepartrnentofPublic A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A City ofMiami Page 63 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 REVOCABLE LICENSE ("LICENSE"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND BEASLEY-REED ACQUISITION PARTNERSHIP, FOR THE USE OF APPROXIMATELY 2.2 ACRES OF CITY -OWNED REAL PROPERTY AND IMPROVEMENTS LOCATED IN VIRGINIA KEY, MIAMI-DADE COUNTY, FLORIDA, FORA MONTHLY USE FEE OF $16,250, PLUS STATE OF FLORIDA USE TAX (IF APPLICABLE), WITH ADDITIONAL TERMS AND CONDITIONS, AS MORE SPECIFICALLY SET FORTH IN THE LICENSE. 13-00912 Summary Form.pdf 13-00912 Legislation.pdf 13-00912 Exhibit 1 SUB.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item RE.7 was deferred to the September 26, 2013 Commission Meeting. Chair Sarnoff RE -- Amy Klose (Director, Human Resources): Thank you very much. Chair Sarnoff -- 7. Henry Torre: Good morning, Commissioners. Henry Torre, director ofPublic Facilities. RE.7 is a resolution authorizing the City Manager to execute a revocable license agreement between the City ofMiami andBeasley-ReedAcquisition, for use of approximately 2.2 acres of City -owned real property and improvements, located in Virginia Key, for a monthly use fee of $16,250. Chair Sarnoff All right. Is there a motion? Vice Chair Gort: Move it. Commissioner Spence -Jones: Second Chair Sarnoff Motion by Commission -- sorry -- the Vice Chair, second by Commissioner Spence -Jones. Any discussion? Commissioner Suarez, you're recognized for the record. Commissioner Suarez: Thank you, Mr. Chair. I, personally, would like to have a little bit more time on this issue, simply because I got two competing legal opinions yesterday at 5 p.m. approximately, roughly, and we're looking -- Commissioner Spence -Jones: Withdraw my second. Chair Sarnoff All right, so -- Commissioner Suarez: What's that? Chair Sarnoff -- why don't we treat yours as a motion for continuance. Vice Chair Gort: (UNINTELLIGIBLE). Commissioner Spence -Jones: We already had a motion and a second on it, so if you -- City ofMiami Page 64 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Chair Sarnoff Yeah, with -- Vice -Vce Chair Gort: Yeah. Commissioner Spence -Jones: Right. Chair Sarnoff Seconder withdraws. Commissioner Spence -Jones: Yes. Chair Sarnoff So the motion fails. I'll take his as a motion to --for continuance for 60 days, 30 Commissioner Suarez: No, I don't thinkyou need that much time. Chair Sarnoff Thirty days? Commissioner Suarez: Less. Chair Sarnoff Next Commission meeting? Commissioner Suarez: Yeah, that's fine. Chair Sarnoff Next Commission meeting. Commissioner Suarez: Yeah. Chair Sarnoff Is there a second? Vice Chair Gort: Second. Commissioner Spence -Jones: Second Chair Sarnoff All right, second. All in favor, please say aye. " The Commission (Collectively): Aye. Chair Sarnoff Okay. Commissioner Suarez: Thank you. RE.8 RESOLUTION 13-01018 District S- A RESOLUTION OF THE MIAMI CITY COMMISSION URGING MIAMI-DADE Commissioner COUNTY TO CODESIGNATE NORTHWEST 2ND AVENUE FROM Michelle NORTHWEST 8TH STREET TO NORTHWEST 14TH STREET, MIAMI, Spence -Jones FLORIDA, AS "DR. DOROTHY JENKINS FIELDS AVENUE;" FURTHER DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 13-01018 Legislation.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 City ofMiami Page 65 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 R-13-0333 Chair Sarnoff RE (Resolution) -- very well said RE. 8, Commissioner Spence -Jones. Commissioner Spence -Jones: Yes. This is a resolution as -- we all know Dr. Dorothy Jenkins Field. As you know, over the last couple of months, I've been working on key designation for streets in my district, and I wanted to make sure we honored key legends from the African American community. We know all the great work that she's done with the Black Archives and the Lyric. So this is just basically a resolution in honor of her on Northwest 2nd Avenue from Northwest 8th Street to Northwest 14th Street. Vice Chair Gort: Move it. Commissioner Spence -Jones: So moved. Commissioner Carollo: Second. Vice Chair Gort: Second. Commissioner Spence -Jones: Second Chair Sarnoff Motion, second Any discussion? All in favor, please say aye. " The Commission (Collectively): Aye. RE.9 RESOLUTION 13-01043 District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner Marc ATTACHMENT(S), AUTHORIZING THE REQUEST BY THE COCONUT David Sarnoff GROVE VILLAGE COUNCIL TO THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS TO PLACE THE SLATE OF CANDIDATES FOR ELECTION TO THE COCONUT GROVE VILLAGE COUNCIL ON THE NOVEMBER 5, 2013, CITY OF MIAMI ("CITY") ELECTION BALLOT AS AN OFFICIAL CITY BALLOT QUESTION, AT THE APPROPRIATE PRECINCT(S), CONTINGENT UPON: 1) THE COCONUT GROVE VILLAGE COUNCIL MEETING ALL CRITERIA SET FORTH BY THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS AND 2) THAT THERE WILL BE NO ADDITIONAL COST TO THE CITY AND IF A COST IS IMPOSED, THE COST WILL BE PAID BY THE COCONUT GROVE VILLAGE COUNCIL PRIOR TO THE SLATE OF CANDIDATES APPEARING ON THE CITY BALLOT. 13-01043 Email - Village Counsel.pdf 13-01043 Pre-Legislations.pdf 13-01043 Legislation.pdf 13-01043 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0334 Chair Sarnoff Okay, RE.9 is a motion urging the County to -- sorry. Is a motion --just doesn't come out easy. It's to place the slate of candidates for election to the Coconut Grove City Village City ofMiami Page 66 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Council on November 5. Commissioner Suarez: Move it. Chair Sarnoff We have a motion by Commissioner Suarez -- Vice - Vce Chair Gort: Second. Commissioner Carollo: Second. Discussion. Chair Sarnoff -- second by Commissioner Carollo. Commissioner Carollo, you're recognized for the record. Commissioner Carollo: Thank you, Mr. Chairman. And I understand the intent, so I was just asking is there going to be any additional cost to the City that you know of? Chair Sarnoff Not that I'm aware of. Maria J. Chiaro (Deputy City Attorney): The agreement is that -- Commissioner Carollo: And that's the reason why you're doing it, I understand But l just want to, you know -- Ms. Chiaro: -- if there are any costs, the Village Council will pay them. Chair Sarnoff Yeah. I'm not aware of it. I think we've done it once or twice before. Commissioner Carollo: Gotcha. Chair Sarnoff All right. We have a motion. We have a second. All in favor, please say aye. " The Commission (Collectively): Aye. RE.10 RESOLUTION 13-00929 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), ADDING CAPITAL PROJECTS APPROPRIATIONS TO Program THOSE LISTED IN RESOLUTION NO. 13-0252, ADOPTED JUNE 27, 2013 AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. 13-00929 Summary Form.pdf 13-00929 Legislation.pdf 13 -00929 -City Manager Memo -Substitution for Item RE.10 Revisions to CI Appropriations. pdf 13 -00929 -Exhibit -SU B. pdf Motion by Vice Chair Gort, seconded by Commissioner Suarez, 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-13-0335 Chair Sarnoff All right, RE.10. City ofMiami Page 67 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Mark Spanioli (Director, Capital Improvements Program): RE. 10 is our standard capital appropriations item. There was a substitution that was submitted. Chair Sarnoff All right. Is there a motion? Vice Chair Gort: Move it. Commissioner Suarez: Move it. Chair Sarnoff Motion by Commissioner Gort, second by Commissioner Suarez. Any discussion? Hearing no discussion, all in favor, please say aye. " The Commission (Collectively): Aye. RE.11 RESOLUTION 13-00788 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), ACCEPTING FUNDS IN THE AMOUNT OF $7,854,395, Program FROM MIAMI-DADE COUNTY, FOR THE CONSTRUCTION OF THE SOUTH BAYSHORE DRIVE ROADWAY AND DRAINAGE IMPROVEMENTS PROJECT, B-30646; AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 13-00788 Summary Form.pdf 13-00788 Legislation.pdf 13-00788 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-13-0336 Chair Sarnoff RE.10 Mark Spanioli (Director, Capital Improvements Program): Good morning, Commissioners. Chair Sarnoff Actually, are we not better suited -- I know we did this before -- to do RE. H first and then RE. 10? Mr. Spanioli: Probably. Chair Sarnoff I think that'll be -- right. RE. 11, Sorry. Mr. Spanioli: No problem, Mr. Chairman. Good morning, Commissioners. Mark Spanioli, Capital Improvements. RE. 11 is a JPA (Joint Participation Agreement) with Miami -Dade County, accepting funds for the reconstruction of South Bayshore Drive, in the amount of $7.8 million. Chair Sarnoff All right. Is there a motion? Commissioner Suarez: Move it. City ofMiami Page 68 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Vice Chair Gort: Second. 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. RE.12 RESOLUTION 13-00594 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), ACCEPTING THE BID RECEIVED MAY 8, 2013, Program PURSUANT TO INVITATION TO BID ('ITB") NO. 12-13-017, FROM PAC COMM, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE ROCKERMAN CANAL IMPROVEMENTS PROJECT, B-30680, IN THE AMOUNT OF $356,400, FOR THE SCOPE OF WORK, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $35,640, FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $392,040; ALLOCATING FUNDS IN THE AMOUNT OF $392,040 FROM CAPITAL IMPROVEMENTS PROJECT NO. B-30680, SUBJECT TO BUDGETARY APPROVAL; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. 13-00594 Summary Form.pdf 13-00594 Business Enterprise Participation. pdf 13-00594 Memo - Recommendation for Award. pdf 13-00594 Bid Security List.pdf 13-00594 Legislation.pdf 13-00594 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0337 Chair Sarnoff Okay, RE. 12. Mark Spanioli (Director, Capital Improvements Program): Commissioners, RE. 12 is a contract award to Pac Comm, Inc., for a total amount not to exceed of $392, 000, for the Rockerman Canal Shoreline Stabilization Improvement project. This is a District 2 project. Vice Chair Gort: Move it. Chair Sarnoff A motion by -- Commissioner Suarez: Second. Chair Sarnoff -- Commissioner Gort -- Commissioner Suarez: Second. Chair Sarnoff -- second by Commissioner Suarez. Any discussion? Hearing no discussion, all City ofMiami Page 69 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 in favor, please say aye. " The Commission (Collectively): Aye. RE.13 RESOLUTION 13-00930 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), ACCEPTING REIMBURSEMENT GRANT ("GRANT") Program FUNDS FROM THE MIAMI-DADE COUNTY ("COUNTY") BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BONDS, IN AN AMOUNT NOT TO EXCEED $5,569,000, FOR THE ENGLEWOOD STORM SEWER PROJECT, B-30011, ("PROJECT"); AUTHORIZING THE REQUIRED CITY OF MIAMI ("CITY") FUNDING MATCH TO COMPLETE THE PROJECT, IN AN AMOUNT NOT TO EXCEED $2,055,647, TO BE ALLOCATED FROM CAPITAL IMPROVEMENT PROJECT NUMBER B-30011; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE COUNTY FOR THE GRANT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 13-00930 Summary Form.pdf 13-00930 Legislation.pdf 13-00930 Exhibit 1.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-13-0338 Chair Sarnoff Okay, RE. 13. Mark Spanioli (Director, Capital Improvements Program): RE. 13 is a GOB (General Obligation Bond) grant acceptance, in the amount of $5.5 million, from Miami -Dade County for Englewood Storm Sewer project. This is a District 4 project. Commissioner Suarez: Move it. Vice Chair Gort: Second. Commissioner Carollo: Second. Chair Sarnoff We have a motion by Commissioner Suarez, second by Commissioner Carollo. Any discussion? Hearing -- Commissioner Suarez: Thank you -- Chair Sarnoff -- no discussion -- Commissioner Suarez: -- County. Chair Sarnoff -- all in favor, please say aye. " The Commission (Collectively): Aye. City ofMiami Page 70 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 RE.14 RESOLUTION 13-00778 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), ACCEPTING THE BID RECEIVED JULY 2, 2013, Program PURSUANT TO INVITATION TO BID ("ITB") NO. 12-13-048, FROM FLORIDA ENGINEERING AND DEVELOPMENT CORP., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE CIVIC CENTER INFRASTRUCTURE PROJECT (NORTHWEST 14TH STREET HEALTH DISTRICT), B-30500, IN THE AMOUNT OF $1,158,161.19, FOR THE SCOPE OF WORK, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $115,816.12, FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $1,273,977.31; ALLOCATING FUNDS IN THE AMOUNT OF $1,273,977.31, FROM CAPITAL IMPROVEMENT PROJECT NO. B-30500; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. 13-00778 Summary Form.pdf 13-00778 Legislation.pdf 13-00778 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-13-0339 Chair Sarnoff Okay, RE. 14. Mark Spanioli (Director, Capital Improvements Program): RE. 14 is a contract award to Florida Engineering and Development, for a total amount not to exceed $1.2 million and change, for the Northwest 14th Street Roadway Improvement project in the Health District. It's located in District 1. Vice Chair Gort: Move it. Chair Sarnoff We have a motion by -- Commissioner Carollo: Second. Chair Sarnoff -- Commissioner -- by the Vice Chair, second by Commissioner Carollo. Any discussion? Hearing no discussion, all in favor, please say aye. " The Commission (Collectively): Aye. RE.15 RESOLUTION 13-00934 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), RESCINDING RESOLUTION NO. 13-0086, ADOPTED Program MARCH 14, 2013, IN ITS ENTIRETY; ACCEPTING A PAYMENT TO THE CITY OF MIAMI, IN THE AMOUNT OF $628,129.32, FROM ARCHITECTS & ENGINEERS INSURANCE COMPANY, INC., THE INSURANCE CARRIER FOR TIMOTHY HAAHS & ASSOCIATES, INC. ("HAAHS"), IN FULL SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST LEO A. DALY AND City ofMiami Page 71 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 HAAHS, ARISING OUT OF, OR RELATED TO, DEFECTS IN THE INTERFACE BETWEEN THE ELEVATED SLABS AND THE COLUMNS OF THE PARKING GARAGES LOCATED AT MARLINS STADIUM; ALLOCATING SAID FUNDS TO CAPITAL IMPROVEMENT PROJECT NO. B-30648; AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AND RELEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT. 13-00934 Summary Form.pdf 13-00934 Pre-Legislations.pdf 13-00934 Legislation.pdf 13-00934 Exhibit 1.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-13-0340 Chair Sarnoff RE.15. Mark Spanioli (Director, Capital Improvements Program): Commissioners, RE. 15 is a resolution to rescind the previous Marlins parking garage repair settlement and replace it with this one, accepting payment in the amount of $628,129. This is the final settlement amount. Commissioner Carollo: Move it. Vice Chair Gort: Second. Chair Sarnoff Motion by Commissioner Carollo, second by Vice Chair. Any discussion? Hearing no discussion, all in favor, please say aye. " The Commission (Collectively): Aye. Mr. Spanioli: Okay. Thankyou. RE.16 RESOLUTION 13-00795 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO INSTITUTE ANY AND ALLACTIONS AUTHORIZED IN LAW OR IN EQUITY, NECESSARY OR PERMITTED, AGAINST THE OWNER(S) OF THE PROPERTY LOCATED AT 299 SOUTHWEST 17TH ROAD, MIAMI, FLORIDA, FOLIO NO. 01-4138-002-0020, TO ENSURE COMPLIANCE WITH ALLAPPLICABLE LAWS, WHETHER FEDERAL, STATE OR LOCAL, REGARDING SIGNAGE. 13-00795 Summary Form.pdf 13-00795 Legislation.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones City ofMiami Page 72 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Chair Sarnoff RE.16. Daniel J. Alfonso (Acting City Manager): RE. 16 is a resolution of the City Commission directing the City Attorney to institute any and all allocation -- all actions authorized in law or in equity necessary or permitted against the owners of the property located at 299 Southwest 17th Road Miami, Florida, folio, to ensure compliance with the -- all applicable laws, whether federal, state, local, regarding signage. Chair Sarnoff All right. Is there a motion? Vice Chair Gort: Move it. Chair Sarnoff Motion by Commissioner Gort. Commissioner Carollo: This -- I would like discussion on this, first of all. Chair Sarnoff You're recognized for the record. Commissioner Carollo: Thank you. Thank you, Mr. Chairman. And this is a sign that is in District 3. However, I recently have received discrepancies on whether that sign can actually be there or not. It was mentioned at a Code Enforcement hearing, and l forgot what was the date, so I need better educate myself with regards to exactly this issue. So I'm going to request a continuance, if my fellow Commissioners don't mind. Chair Sarnoff Okay. Vice Chair Gort: Yep. Chair Sarnoff Does the seconder withdraw? Vice Chair Gort: Yes. Commissioner Carollo: Yeah. Chair Sarnoff So there we go. Take that as a motion for a continuance to the next Commission meeting? Commissioner Carollo: Yes. Actually, no; to the October meeting. I think the next Commission meeting, we have the budget again and stuff like that, so let's do it to the October meeting. Chair Sarnoff October meeting. Commissioner Suarez: Second. Chair Sarnoff Is there a second? Any discussion? All in favor, please say aye. " The Commission (Collectively): Aye. Chair Sarnoff Okay. RE.17 RESOLUTION 13-00796 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN City ofMiami Page 73 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 AGREEMENT ON CUSTOMARY USE FOR LOCAL ZONING CONTROL FOR MURALS UNDER THE HIGHWAY BEAUTIFICATION ACT, IN SUBSTANTIALLY THE ATTACHED FORM, AMONG THE CITY OF MIAMI, THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE FEDERAL HIGHWAY ADMINISTRATION, FOR THE PURPOSE OF ESTABLISHING DISTANCE REQUIREMENTS AND PROVIDING COMPLIANCE PROVISIONS FOR EXISTING NON -CONFORMING MURALS. 13-00796 Summary Form.pdf 13-00796 Legislation.pdf 13-00796 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.18 RESOLUTION 13-00797 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A CONCURRENCE LETTER, IN SUBSTANTIALLY THE ATTACHED FORM, REGARDING THE FLORIDA DEPARTMENT OF TRANSPORTATION'S DETERMINATION OF CUSTOMARY LOCAL USE FOR WALL MURALS WITHIN SPECIFIED BOUNDARIES UNDER THE CITY OF MIAMI'S JURISDICTION, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED. 13-00797 Summary Form.pdf 13-00797 Legislation.pdf 13-00797 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.19 RESOLUTION 13-00951 DepartinentofPublic A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE BID RECEIVED MARCH 15, 2013, PURSUANT TO INVITATION FOR BIDS NO. 12-13-009, FROM METRO EXPRESS, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "CITYWIDE SIDEWALK IMPROVEMENT CONTRACT, M-0096", IN AN ANNUAL AMOUNT NOT TO EXCEED $1,487,500; AUTHORIZING UP TO FOUR (4) ADDITIONAL ONE (1) YEAR OPTIONS TO RENEW, IN AN ANNUALAMOUNT NOT TO EXCEED $1,487,500; ALLOCATING SAID FUNDS FROM THE FOLLOWING FUNDING SOURCES; THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT CITYWIDE RESERVE/ PROGRAM INCOME IN THE AMOUNT OF $218,047, COMMUNITY DEVELOPMENT BLOCK GRANT ACCOUNT RESERVE IN THE AMOUNT OF $235,307, SPECIAL REVENUE FUND / PW LANE CLOSURE ACCOUNT 20-650003 IN THE AMOUNT OF $549,746 AND FROM CAPITAL IMPROVEMENT PROJECT B43114B IN THE City ofMiami Page 74 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 AMOUNT OF $484,400; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SAID OPTIONS TO RENEW SUBJECT TO THE AVAILABILITY OF FUNDING AND THE CONTRACTOR'S PERFORMANCE. 13-00951 Summary Form.pdf 13-00951 Legislation.pdf 13-00951 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0341 Chair Sarnoff Looks like RE. 19. Nzeribe Ihekwaba (Director, Public Works): Good morning. Zerry Ihekwaba. RE. 19 is a resolution to award a contract to Metro Express, Inc., for a one-year period in an amount not to exceed $1.487 million, for the project entitled Citywide Sidewalk Improvements. The funding is coming from two sources. One is the CDBG (Community Development Block Grant) funding, which was appropriated in the second meeting of June in order to construct and replace the damaged sidewalks citywide. Some of the allocations have already been identified to conform to the requirements of CDBG funding. The additional locations will be identified through the respective City Commission offices. Chair Sarnoff Mr. Ihekwaba, did you get my little request for that sidewalk that was buckled? Mr. Ihekwaba: Yes. Chair Sarnoff Is that now a part of this? Mr. Ihekwaba: No. That is being taken care of as we speak. Chair Sarnoff Thank you. Vice Chair Gort: Move it. Chair Sarnoff Better. All right, we have a motion by Commission -- the Vice Chair. Any seconders? Commissioner Suarez: Second. Chair Sarnoff Second by -- Commissioner Carollo: Second. Chair Sarnoff -- Commissioner Suarez. Any discussion? Hearing no discussion, all in favor, please say aye. " The Commission (Collectively): Aye. RE.20 RESOLUTION 13-00952 City ofMiami Page 75 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 DepartrnentofPuh is A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE BID RECEIVED JULY 9, 2013, PURSUANT TO INVITATION FOR BIDS NO. 12-13-054, FROM METRO EQUIPMENT SERVICE, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "MECHANICAL ENGINEERING SERVICES FOR LAWRENCE AND RIVERVIEW PUMP STATIONS, M-0079", IN AN AMOUNT NOT TO EXCEED $1,426,324; ALLOCATING SAID FUNDS FROM CAPITAL IMPROVEMENTS NO. B-30992; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 13-00952 Summary Form.pdf 13-00952 Legislation.pdf 13-00952 Exhibit 1.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-13-0342 Chair Sarnoff Okay, RE. 20. Nzeribe Ihekwaba (Director, Public Works): RE. 20 is a resolution to award a contract to Metro Equipment Services, for an amount not to exceed $1.426 million, for the project entitled Mechanical Engineering Services for Lawrence pump station and Riverview pump station. Both pump stations are in District 3. Lawrence pump station is located at 342 Southwest 7th Avenue and Riverview pump station is located at 1301 Northwest 6th Street. These are part of the old pump stations in the City ofMiami that have not been improved or upgraded in the recent time, for more than 20 years. All the pumps are in bad shape, and we feel very strongly that this item needs to move forward. Lawrence pump station was designed to have three pumps, fully operational, and currently, only one pump station is in good shape; and we do not want to take arty further risk. Riverview pump station was designed to have four fully operational pumps. Currently, it has only two pumps in good condition. Commissioner Carollo: Move it. Chair Sarnoff We have a motion by Commissioner Carollo. Any seconders? Commissioner Suarez: Second. Chair Sarnoff Second by Commissioner Suarez. Two things, Mr. Ihekwaba. The pump station that we put up in Belle Meade is now fully operational? Mr. Ihekwaba: Yes, it's fully operational, minus a couple of issues that need to be addressed in terms of the control panels, which is being looked into as we speak. But in terms of operation, it's in good working condition. Fortunately, the City has a maintenance contract in place that would take over the maintenance of that pump station as soon as the issues with the control panel is resolved. Chair Sarnoff In the event there was a flood today, would it be operational? Mr. Ihekwaba: Yes. It has an emergency generator and it's in good working condition. Chair Sarnoff So the emergency generator is in place? City ofMiami Page 76 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Mr.Ihekwaba: Yes. Chair Sarnoff Okay. Vice Chair Gort: Question. Mr.Ihekwaba: Yes. Vice Chair Gort: Who supervise the pumps or do the manufacturer or the person installs it checks them? Mr. Ihekwaba: Yes. They do -- there is a warranty period after installation. However, we do have a pump station maintenance contract in place that oversees all the storm sewer pumps stations citywide, and there are about 11 of those. Vice Chair Gort: The reason I'm ask [sic] because every time we have those heavy rains, one of the pump stations -- I think it's fairly new -- on Northwest 7th Street, all the way up to 62nd Avenue Northwest Mr. Ihekwaba: Yes. Vice Chair Gort: -- it doesn't work. It's not working. Mr. Ihekwaba: It works. I think what has happened in the recent past is that there are some maintenance issues that are being undertaken. I have been in contact and communication with your staff that have called attention that a couple of times there has been flash flooding in the streets, which should be anticipated that if there are issues of conveyance, not necessarily the pump station. What we have just done in the past couple of weeks is to have the maintenance contractor go back and reset the floors to make sure that it's not set too high before the emergency pump kicks in. Vice Chair Gort: Okay. Thank you. Chair Sarnoff All right. Vice Chair Gort: That's what happened to my air condition; the sensors didn't work. Mr. Ihekwaba: Yeah. Chair Sarnoff All in favor, please say aye. " The Commission (Collectively): Aye. RE.21 RESOLUTION 13-00917 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Management and CITY MANAGER TO GIVE ALL CITY OF MIAMI EMPLOYEES WHO ARE Budget ACTIVE AS OF SEPTEMBER 30, 2013, A ONE-TIME 3% PAY SUPPLEMENT BASED ON THE EMPLOYEES' BASE SALARY FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2013, SUBJECT TO COLLECTIVE BARGAINING AND RATIFICATION BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATIONS KNOWN AS THE MIAMI GENERAL EMPLOYEES AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL City ofMiami Page 77 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 EMPLOYEES (AFSCME), LOCAL 1907, AFL-CIO; THE FLORIDA PUBLIC EMPLOYEES COUNCIL 79, (AFSCME), LOCAL 871, AFL-CIO; THE FRATERNAL ORDER OF POLICE, WALTER E. HEADLEY, JR. (FOP), MIAMI LODGE NO. 20; AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF), AFL-CIO LOCAL 587, OR OTHER MUTUALLY AGREED UPON COMPENSATION OF EQUAL VALUE SUBJECT TO RATIFICATION BY THE BARGAINING UNION MEMBERS AND THE CITY COMMISSION. 13-00917 Summary Form.pdf 13-00917 Legislation.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Noes: 1 - Commissioner(s) Sarnoff R-13-0344 Chair Sarnoff Let's bring RE. 21 up, which is the 3 percent one-time bonus. Chris Rose: Good afternoon, Commissioners. Chris Rose, director of the Office of Management and Budget. RE. 21 is a resolution of the City ofMiami Commission authorizing the City Manager to give all permanent, full-time City ofMiami employees who are active on September 30, 2013, a one-time 3 percent pay supplement based on the employees' base salary for the fiscal year ending September 30, 2013, subject to collective bargaining and ratification between the City ofMiami and the employee organizations known as the Miami General Employees AFSCME (American Federation of State, County and Municipal Employees), County and Municipal -- that's AFSCME; Local 1907, AFL-CIO Omerican Federation ofLabor/Congress oflndustrial Organizations); the Florida Public Employees Council 79, again AFSCME; Local 871, AFL-CIO; Fraternal Order ofPolice, Miami Lodge Number 20; and the International Association of Firefighters, AFL-CIO Local 587, or other mutually agreed upon compensation of equal value, subject to ratification by the bargaining union members and the City Commission. Commissioner Carollo: Move it. Commissioner Spence -Jones: Second Chair Sarnoff We have a motion by Commissioner Carollo; second by Commissioner Spence -Jones. Any discussion? Commissioner Suarez: I have a question, discussion, however you want to call it -- or really clarification, 'cause I want to -- I think we have a lot of employees here today, so it would be important for them to understand what we're contemplating here. And please correct me ifI'm wrong, because I'm trying to characterize this correctly. What we're contemplating right now is we have entered into a contract with our employees. We're under a contract with our employees that -- Mr. Rose: Yes. Commissioner Suarez: -- we signedl guess last fiscal year, which we're finishing. We're starting in the second year of our contract. That contract was agreed to by the City Commission, was agreed to by the labor unions, and was raged by all the members, correct? Vice Chair Gort: Yes. City ofMiami Page 78 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Mr. Alfonso: Correct. Mr. Rose: Yes, sir. Commissioner Suarez: Okay. And that contract in some cases -- I think in the case of the -- I believe there are police officers that are here. I'm assuming that you guys are all police officers. That calls for raises for that bargaining unit. Mr. Alfonso: Correct. Commissioner Suarez: Is there any other bargaining unit that's getting raises? Mr. Alfonso: No. Commissioner Suarez: Okay. And what we're talking about is now, today, in addition to that which was bargained for and agreed to by the members, we're -- we are talking about now giving an additional 3 percent to our employees out of this year's budget. Mr. Alfonso: Commissioner, yes. What was asked several months ago of the Administration was given that we were projecting a surplus in the current year, could we utilize a portion of that surplus to give the employees some relief. It was asked that we do it for police. Then another Commissioner was --asked that we do it including firefighters. Other Commissioner asked what would it cost across the entire City. And today, we are being asked can we include the temps and part timers, as well. So that is sort of the development of it. What we would use would be the surplus that is projected in the current year, which would add up to $6.82 million if you include the part timers and temps. But, yes, it is on top of what was negotiated in the contracts. That's why it has to be done through an MOU (Memorandum of Understanding), ratification by the union, and approval of this Commission. Commissioner Suarez: No, andl just -- I think what happens is -- andl'm glad we have a lot of employees here today -- sometimes in -- I don't know how well the information is filtered down to them, so it's good for them to see and --you know -- kind of what's going on and to understand that what we're doing, if we do this -- By the way, I remember the discussion, ifI'm not mistaken, Mr. Chair, started with educational pay for our police officers, who I think are very deserving of an educational pay supplement, because we know that there is a -- there's studies that show that there's lower incidents of misconduct or anything that's negative correlated to the education of our officers, so we want to incentivize our officers to continue to further their education. That's why I recall the conversation beginning, and then it kind of expanded into other areas, which is fine. I think we --you know, one of the great things about this Commission is since we've gotten here, we were handed a pretty bad set of circumstances. We were handed a $115 million projected deficit and a reserve account that was at $9 million, and now -- approximately -- we're somewhere in the mid -50s in reserves, ifI'm not mistaken, and we need to be somewhere in the mid-90s to comply with our financial integrity ordinance. And I think -- you know, I had spoken -- I had mentioned to Commissioner Carollo when we started talking about this that it's more prudent, in my opinion, to do things this way, you know, looking at -- letting the fiscal year kind Of conclude itself and then kind of reviewing what -- how have we managed our money, rather than, you know, over -obligating ourself, as we have had a tendency to do in the past, and not being able to honor our commitments. And one of the things that I remembered mentioning to you at the time, I think -- whoever the Budget director was -- if we enter into this contract, this two-year contract, I intend to honor it. We're not going to break this contract under any circumstance. And last year, it was asked of me, who was the Chairman last year, to invoke -- to have a special session to invoke a financial urgency, andl refused to do it, and we were able to come into, you know, compliance and get contracts, and, you know, we have a two-year contract. But I just want everyone here to know what's going on. I guess that's all. I'll keep my comments to that for now. City ofMiami Page 79 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Chair Sarnoff You want to be recognized? Commissioner Spence -Jones: Yes. I just want to add something, too. Commissioner Suarez: Yeah, I'm done. Commissioner Spence -Jones: You're done? Commissioner Suarez: Yeah. I just wanted to end more elegantly, but I couldn't think of a more elegant ending than that, so I'm just -- Chair Sarnoff And then I'll have -- Commissioner Suarez: -- say that I'm done. Commissioner Spence -Jones: Well, I just want to say in closing on this issue, RE.21, you know, this is a promise made and a promise kept. This is something that we talked about, you know, once we realized that, you know, from a City Commission standpoint, we did have some additional resources, and we -- that could be made available; that we could make way for our City employees, andl'm glad. I want to thank the Administration for doing whatever, you know, it took to try to find a way to make sure that the City employees got the 3 percent. This is --for us, it's only like, you know, one first step, but at least it shows that the Commissioners and the general Administration is doing what it takes to make sure that our City employees are taken care of. I mean, it's -- they have our backs every single day. We have to have their backs. And I want to thank Carollo for pushing it, for Suarez, for Marc -- I'm assuming Marc is supporting it. Chair Sarnoff I'm not. Commissioner Spence -Jones: You're not supporting this? Okay, all right. I'm assuming Gort is assuming it. Well, bottom line is, you know, our City employees are, you know, precious to us. We have to support them. They work hard every single day. They sacrifice every single day for us to make sure that they provide services to the citizens here in Miami. So this is just one step, but at least we're making, you know, a step in the right direction for them. So I just wanted to commend my fellow colleagues on this issue. I do want to mention real fast -- I know we have a vote on it, but I want to make sure on it. On the part-time, temporary employees, we are including or excluding? Mr. Alfonso: We need a request for an amendment to the item. Commissioner Spence -Jones: Okay. Vice Chair Gort: Including everyone. Commissioner Spence -Jones: Hmm? Vice Chair Gort: We're including everyone. Commissioner Spence -Jones: Okay. Mr. Alfonso: So are you -- Commissioner Spence -Jones: So if we can amend it -- Mr. Alfonso: Yes, please. City ofMiami Page 80 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Commissioner Spence -Jones: Okay, so I need to withdraw my second? Mr. Alfonso: I would like to --yes. You would have to have "as amended. " Commissioner Spence -Jones: Okay, so I need to -- Chair Sarnoff So the motion fails. Is there a new motion? Commissioner Carollo: Well, the motion didn't fail. We had a motion and a second. Chair Sarnoff Seconder withdraws the motion. You can make a new motion andl -- Commissioner Carollo: We could -- Chair Sarnoff And he's looking for you to make the motion to include the part timers. Commissioner Carollo: Or we could amend our motion -- Commissioner Spence -Jones: Yes. Commissioner Carollo: -- our original motion. So it doesn't really fail. We could just amend our original motion. Chair Sarnoff I don't want the record to reflect it failed, Commissioner. Commissioner Spence -Jones: Yeah, because we know that the part-time and temporary employees are a big issue. We all know that, and they're suffering just as well, so I just wanted -- that's the only thing that I did ask for Danny to do, and he said it would not be a big issue to add it, soI just want to make sure we're clear on that. Commissioner Carollo: So I will amend my original motion. Chair Sarnoff (UNINTELLIGIBLE) amendment. Is there a second to the amendment? Commissioner Spence -Jones: Second Chair Sarnoff There's a second Commissioner Carollo: But I want to verify what my amendment is: To include all part timers and -- Commissioner Spence -Jones: Temporary employees. Commissioner Carollo: -- temporary employees. Mr. Alfonso: That is correct. Chair Sarnoff At a cost of $6.82 million. Mr. Alfonso: That is correct. Commissioner Carollo: That's correct. Mr. Alfonso: And there was a question I was just asked about the base rate of pay. The base City ofMiami Page 81 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 rate of pay that we're using for our part times and temps is their hourly wage by 2,080 hours, so as if it was a --for the temps -- a full year. Commissioner Carollo: Andl just want to close by saying that this is something that arose once. There was a little bit of surprise of how much surplus we had -- Commissioner Spence -Jones: Yes. Commissioner Carollo: -- in the previous year. Remember, it was 30 -some million dollars, and I think a lot of the employees felt certain unfairness, and I think this was a way that this Commission showed good faith and gave them a little bit back. Now, that still mean -- that still does not mean that we're out of the woodworks, while we still have a long ways to go -- Commissioner Spence -Jones: Yeah. Commissioner Carollo: --for our fund balance to be at the levels that it needs to be, but at least it's a little giving back -- Commissioner Spence -Jones: Yeah. Commissioner Carollo: -- to our employees, which is extremely important and to show good faith from the Commission. Thank you. Chair Sarnoff Okay, do you want to speak, Commissioner Gort? Vice Chair Gort: Go ahead. Chair Sarnoff All right, I'm not going to be popular, 'cause I'm not going to support this. This starts out with what is your --first of all, if you start out with "what is our surplus?" I've heard numbers of 13 million. Mr. Alfonso: Commissioner, assuming that we make -- that this resolution passes and assuming that the BudgetAmendment RE. 22 passes, we are still projecting about an $8.4 million surplus at the end of the year once this has been paid. Chair Sarnoff So you're really looking at 16 million. Mr. Alfonso: It's closer to 16 million, yes, sir. Chair Sarnoff Andl don't know if you've factored in the fact that the DOJ (Department of Justice) will likely hit us with a (UNINTELLIGIBLE) cost. Mr. Alfonso: Commissioner, the possible cost of the Department ofJustice is going to be something that will have to be contemplated in future years. This surplus for this year would have gone to fund balance if not used for this purpose, and in order to use the fund balance, we would have had to have it appropriated back by waiving our financial integrity principles; or in the case of DOJ, what we're really looking to do is if and when it comes, we will have to look at next year's appropriation or the following year, whenever it actually manifests itself, and find those funds in there. Chair Sarnoff So -- and let me understand this, Mr. Alfonso, because in order to receive this bonus, you simply have to have a pulse and a heartbeat on September 31 [sic], 2013, and be a City of Miami employee. Mr. Alfonso: Commissioner, in order to receive this, you have to be an active City ofMiami City ofMiami Page 82 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 employee or a temp or apart timer on City active duty as of September 30 of this current year. Chair Sarnoff Right, everybody gets it. That's if you were hired on September 29 or if you're leaving on October 1, correct? Mr. Alfonso: That is correct, Commissioner. Chair Sarnoff Okay. So I won't even get into best practices and what the Harvard Business Review suggests, which is you reward your high performers; or as good discretionary managers of money, you look at what is the most important assets that you have. And the one thing I think that has been demonstrated this year is policing, and we simply do not have the requisite number of police and the police that we do have are likely -- though I get to speculate on this -- under-performing because they simply don't think they're earning adequate compensation for a host of reasons, one of which is step increases; the other of which, Commissioner Suarez suggested, educational pay, which we have seen a correlation, goes to police officers approaching crimes very differently, with their guns in the holster, and first questioning people as their education goes up. So what you're asking this -- what this Commission is doing is really violating best practices, possibly violating Florida statute, possibly, depending upon if you like to call -- a rose is a rose by a different name. You're not determining who are the best performers in the City ofMiami. You are giving people bonuses just based on the fact that they're here. You are reducing a surplus that could go to, in what my opinion is, a much higher and more significant need which is policing. I don't know if anybody else is experiencing what I'm experiencing in my neighborhood, but we have a crime wave in the City ofMiami. Applause. Chair Sarnoff Andl've seen it categorized. I've seen it -- you know, sometimes, I thinkyou get a callus when you live in the City ofMiami. If you haven't lost four bikes, you haven't live here. If your house hasn't had somebody come in the backyard, you haven't lived here. And I hate to say this: If you don't live in West Grove right now, since January to August of this year, somebody has been shot every day in West Grove. Applause. Chair Sarnoff And I don't pretend to know how to police, Mr. Alfonso. I didn't spend enough time at the job to know how to police. The only thing I could do is budget and appropriate for the police and pray that you have selected a very good Chief of Police who, concededly, I think is a good Chief of Police, and he has made a case before this Commission that I'm sure Commissioner Suarez is tired of hearing, as is Commissioner Carollo and everybody else up here. I've been at this now for 18 months. For 18 months this Chief has given us memos that have indicated that we need more police officers. I don't know if we need to compensate the police more; although, I think a reasonably good case was made today. I know we need to get them educational bonus --educational step --let me say it right. We need to pay them for their education, and when they don't have their education, we need to provide them the opportunity for that education; that I do know. Applause. Chair Sarnoff And the more we just do across the board -isms, the more we fail in our fiduciary obligation to the City ofMiami. The more we just say, across the board 3 percent; you got a pulse; hired you September 29; you're leaving on October 1. Of course I'm picking the worst scenarios, but that's the criteria that we set, and this is not the way you run a city, not a city -- and, you know, let's be candid Since this Commission, with Carollo, Suarez, and I think Gort got here, I bet if somebody did a statistical analysis, you guys probably did a delta of about $150 million because there was such bad financial times, whether --you know, whether it was because City ofMiami Page 83 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Spence and I were up here before and we weren't watching what we were supposed to be doing or the previous Administration did not provide us the requisite financials, like I feel like I get now, and at least I have a good understanding -- thank you, Mr. Mayor --for the financials that I understand now. But now that I have that ability, I can't -- I'm only going to go by best practices. Commissioner Suarez: Yes. Chair Sarnoff And the best practice is if you're going to give a bonus, you give it to what you need You have a need for policing. You either figure out that 1,100 cops need to act like 1,100 cops as opposed to 900 cops; you either put another 100 cops out there; you either do a hybrid Of some kind, but to simply to do an across-the-board is really to do an injustice, I think, to your fiduciary obligation. I probably have said enough andl will say no more. Applause. Chair Sarnoff I can't support this because I think the money should and could be better spent. We have limited resources, limited amounts, and that -- the discretion of a Commissioner is the determination of the competing interests of this City, and the most competing interest of this City, in my humble opinion, is the safety of our citizens. Applause. Chair Sarnoff Mr. Suarez, you're recognized for the record. Commissioner Suarez: Thank you, Mr. Chair. I hope I get such nice applause when I speak, after I speak. No, I agree with you. I think, you know, it is without a doubt that crime is, I think, the number -one issue right now in the City ofMiami, and it has been for a while. Andl commend you for your leadership in terms of, first of all, I think educating this Commission that we are woefully understaffed as a police department when you compare us on an apples -to -apples basis with other large cities in the United States on a per -thousand -resident basis. Applause. Commissioner Suarez: Thank you. And so we -- you know, had it not been for your uncovering that statistic, we wouldn't really understand how bad the problem is. You've also harped on the issue of the money that we've allocated and the inability to spend that money. The example thatl think of is congress declares war and congress funds a war, but it's on the executive branch to execute the war. And so from our perspective, we are funding the war against crime, and it needs to be executed on the other side, and that's the frustrating part for me, personally. I think it's a frustration for you, and it's one that you've continued to harp on. And we keep thinking of how do we escalate things more? How do you, as a Commissioner, without crossing the boundary, do you escalate -- continue to escalate on that issue? I have some ideas on that, and maybe this is the time or maybe it's not the time to talk about it, but my question to you is this. You know, we have a vote before us. We can -- I can vote in favor of it. I can vote against it, you know, in terms of the pay. What's your proposal? Because -- do you have a competing proposal? I mean, is it just matter of voting for this or not voting for it? Because, you know, I kind of agree with a lot of what you're saying and I disagree with a little bit of what you're saying, and we talked about it the last time this issue came up, which is, if someone is a lackluster City ofMiami employee, they shouldn't be a City ofMiami employee, period So it should not be about picking one City ofMiami employee versus another City ofMiami employee. From my perspective, I have a lot ofpride in being a City ofMiami resident. I was born here. I was raised here. I grew up here. Andl have a lot of pride in the employees that we have in our City, who I feel take their job so seriously that they go home with it. So for me, I don't City ofMiami Page 84 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 discriminate between one employee or another. I understand that there are some employees or there are employees --this City was constituted, I think, first with the police department. That was one of the first departments -- and it is the largest department, by the way -- of the City of Miami. It's the one that we dedicate the most resources to, but it's by no means all the resources that we dedicate or that we have. It's a fraction of the resources that we have. So, I mean, from my perspective, I feel torn because I do want to -- I do think that all of our employees have taken a lot hits since I've gotten here, number one. We've always been taking, taking, taking, taking. It's nice to have an opportunity to give back when we've been financially prudent to all our employees. But I do agree that our number -one priority has to be policing our streets, and that's why this discussion began with a discussion of how to better motivate our police force through things like educational pay supplements, which is how we started the discussion. So I'm just -- I just want to know, you know, if you have -- is it a matter of me just voting "yes " or "no" on this issue and then that's it? Because --I mean, we have other issues, like how do we staff our police department to the level it needs to be staffed at? Commissioner Spence -Jones: Not to mention we already have monies that we've already set aside in the budget for policing, and we still haven't been able to hire police officers. Commissioner Suarez: Right. Commissioner Carollo: Exactly. Commissioner Spence -Jones: And let me just say this. You know, I don't need any applause. That's not even the purpose for my vote or my conversation. For me, this is about since 2009, five years, we've either asked -- since 2009 -- City employees, including Police and Fire and other union workers and just general employees to either take a cut -- right? -- or not get any increases at all, right? So I thought from our last conversation that we had regarding this issue that it was clear, and I think it was Commissioner Gort that even made the point by saying, "Look, we can't do a annual increase 'cause we can't afford to do that right now, but let's look at looking at a one-time, " and I thought we all agreed -- all of us agreed that we would at least give the City employees, after we discovered from our Administration that we actually had more money, you know, in our surplus, so we should do the right thing and make sure that at least we support the City employees. Now, I support Police. I support Fire. I support all of those, you know. But when I'm hearing you say, "Let's take new money or take money that we have and hire new officers, " well, we have some officers that haven't gotten any raises. So why you're not taking care of the ones we got, you know? Applause. Commissioner Spence -Jones: So -- andl'm going to say this to you: All you're going to do is hire new officers, if that's the push. And believe me, out of all the people sitting up here that should be talking about police is District 5. So, you know, yeah, you have shootings in the West Grove, and I'm not saying that you don't, and I'm not saying you don't have them in the Grove, but believe me, I have them in District 5 as well. But I also know that you have officers that are frustrated because they can't even take care of their own families because we're not doing what is necessary to take care of them. So now -- Applause. Commissioner Spence -Jones: Wait, no, no, no, no. So now we're talking about -- I want to be clear -- bringing new officers in a already frustrated environment where the morale is low, where they feel like they're not being taken care of. What do you think we're doing, you know? So I don't even know how this conversation has creeped [sic], you know, in the City employees. Now, mind you, personally, love police officers, support them 100 percent. I think that, yes, they deserve -- the ones we have deserve to be taken care of first before we even think about bringing City ofMiami Page 85 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 somebody else in, yes. But I also have groundskeepers, I have garbage workers, I have people that are working every single day, barely able to care of their families and the neighborhoods that they live in, and we're talking about we can't consider them, and it's been five years since they've gotten an increase? Come on. Applause. Commissioner Spence -Jones: Get real. I don't know -- I -- it's just so frustrating when we get to this point that we just can't understand that the basic person --just the ability for a person to be able to take -- a father to be able to take care of his kids, this little -- and this is not even a lot of money, but it says to a City employee, whether or not, like I said, it's a garbage worker or a secretary or anew City Attorney that's coming onboard. They got to be able to take -- andl'm speaking of new ones. We got to do --we have to do this across -- and this is not forever. This is onetime. This is saying, "We appreciate and value you taking a step back for the last five years and not getting anything, " and I thought we agreed to keep our word on this. I think we should take care of our officers, absolutely, but I'm asking Danny -- Applause. Commissioner Spence -Jones: -- you know, "Well, Danny, we got money for police officers that we can't even spend yet, so now you're asking me to put more money on top of that when you got people that are struggling every single day?" Come on. Get real. Commissioner Carollo: Mr. Chairman. Chair Sarnoff Let me go to Carollo; then I'll go to Gort. Commissioner Suarez: And then can I go after that? Commissioner Carollo: Thank you, Mr. Chairman. Listen, you all have sat up here with me for close to four years, three and a half years, and you've seen how fiscally conservative I am. You have seen that I always believe in building reserves, and quite honestly, this is not something that is the norm. And when I mean "the norm, " is spending monies that, in all fairness, could go to our reserves, and even if they went to the reserves, it still wouldn't be enough. We'd still be under. However, I am very passionate about showing good faith and building the morale a little bit. I mean, listen, these are all police officers here. Read their shirts. Read their shirts, you know. And by the way, the pay cuts were not based on performance. Commissioner Suarez: No, they weren't. Commissioner Carollo: It was across the board. Everyone tookpay cuts. Commissioner Spence -Jones: Thankyou, thankyou. Applause. Commissioner Carollo: Everybody tookpay cuts. And let me tell you something, I am -- listen, I am dealing with a lot of crime issues in District 3, in Little Havana, and I'd like to thank the Chief because -- and the Major and the commanders because we've been working very closely to see how to curb it. But, you know, I don't think it's right to pin one against the other and -- Commissioner Spence -Jones: Yes. Commissioner Carollo: -- do that. I'll be honest with you, police -- City ofMiami Page 86 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Applause. Commissioner Carollo: -- is a very important issue, and if it wouldn't, we negotiate with them. They're going to get a 3 percent increase this year. They're part of the 3 percent of this. Commissioner Suarez: Plus next year. Commissioner Carollo: Right. But I'll tell you right now, God forbid, you have a heart attack right now, you want a firefighter to come or a paramedic to come and help you out. So I don't think it's fair to pin one against the other. I think that's why we should go across the board. And by the way, I come from the private sector, even though I have public sector -- you know, I was a former law enforcement officer for close to ten years, so I was in government, but I'm also -- I also have private sector knowledge, and I've been there, believe me. I believe in the bonus system. The difficulty is -- listen, I have spoken before about the sacred cows, and some of those sacred cows, I bet you, will get those bonuses, whatever you call it, performance bonuses just because they're sacred cows. So there's no utopia. There's no perfect system. But I can tell you this: Everybody, not based on performance, everybody took pay cuts, and therefore, I think we should do a one-time good faith 3 percent across the board to all of our employees, and l feel passionate about that, and you know, then we'll get to discussion about additional police Officers, but we also got to take care of the ones that are here, present. Vice Chair Gort: Agreed. Commissioner Carollo: And I really believe that. And it's not like we haven't completely addressed the issue. Since I have been here, every budget, we have budgeted more police Officers than we can actually hire. Every year that I have been here, we have budgeted for more police officers than we can actually hire. And even this budget, we're increasing it by 25. The Police Chief says we could fill those vacancies and then increase the number for an additional 25. I'm not sure. I haven't seen it in the last three and a half years. So now, thinking we could do 100 or 75 more, I'm skeptical. Anyways, the bottom line is although my norm would be to put some of the monies into a fund balance and build our reserves and follow our financial integrity principles, I really feel passionate that we should show good faith and give back a little bit to our employees that, in all fairness, have been taking cuts year and year after year after year. And the way last year or this year we found out about the surplus and the large amount, the discrepancy or the disparity from what we originally thought to what actually was there, I think a lot of people -- a lot of employees felt that it was unfair, so I think this is the right thing to do. Thank you. Applause. Vice Chair Gort: IfI recall, the discussion began with police, giving the ability to study, get reimbursement for the education, and then we talked about what about the firemen? I mean, there's public safety also. Then we started discussing, well, you know, those cars, they got to move. They need GSA (General Services Administration) to repair and all that. And at the same time, they need Public Works, and they need to have the right roads so they can travel on. They need support. You need 9-1-1 operators. So I believe we have to work all as a team. We all have to work together. And I think that what this shows is that we're willing to work with them and improve their standard of living as we improve our economics here in the City of Miami. For that reason, like Commissioner Carollo stated before, when we reduced the salary, we didn't go by merit; we went all across. So I think this is -- and I'm one guy that comes from the private sector, and I'm used to receiving bonus in performance, and I understand that, but at this time, these people, their salary with this -- we lowered the salary all across, and I think they deserve it at this time, so I'm all for it. Chair Sarnoff All right. So, Commissioner Suarez, I wanted to address you, 'cause you said City ofMiami Page 87 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 "What is your plan? " And my plan, candidly, was to get enough for educational pay for the police and to give them 3 -- reinstate their step increases. The residual of that should go towards hiring what we can of the 100 cops. Now, you're a city of limited resources, so this is where your discretion has to be employed. What is the most important asset the City ofMiami has? I believe it is the belief of people that they can go outside in reasonable safety and go to work for a living and pay the taxes that we ask them to pay. So I'm going to put this and vote against this, 'cause I would have put this money towards the reinstatement of educational pay. Commissioner Suarez: Which I agree with. Chair Sarnoff I would have put this towards the reinstatement of step increases for police, and I would have put the residual amount towards -- andl'm thinking of a 10 million number -- to go to what we could hire of police officers, and I do have the actual number, but that's not the point for this issue. Pin just describing what I would have done with that $7 million. Commissioner Suarez: Can I just jump in? Vice Chair Gort: But this is -- what you're proposing is a reoccurring expense. Commissioner Suarez: Right. Chair Sarnoff Absolutely right. Vice Chair Gort: This is a one-shot deal so to -- Chair Sarnoff It is re -- it is absolutely (UNINTELLIGIBLE). Vice Chair Gort: -- in order to budget for reoccurring expenses, it's got to be a little different. Commissioner Carollo: Exactly. Commissioner Suarez: But can I just say -- Chair Sarnoff It is a reoccurring expense, and I even have projections as to how we could afford it but -- Commissioner Suarez: Guys, guys, can I--? Chair Sarnoff Go ahead Commissioner Suarez: Okay. A couple of things -- a lot of things. First is, I want to touch on something that Commissioner Carollo said. We've put as a Commission $44 million into reserves. This would be -- out of just this year alone, out of this supposed $15 million surplus, this would be less than half of the surplus, so we're still putting in more than half of the surplus into our reserves, and I think there are ways -- I know there are ways for us to meet our reserve levels within a year if we really wanted to, andl think we should, to be honest with you, 'cause I've been the one harping on -- one of the ones harping on the fact that we've never followed our financial integrity ordinance. We didn't come up with a plan. We didn't follow it in two years. Now we have what I guess is the plan, 'cause we don't -- I don't think we have to approve the plan, but it's -- we have -- I've seen at least a draft of a way that we can get there, and I'm encouraged by that, and I think we can continue to work on that. Part of the reason why I was motivated on the reverse red -lining issue is because I think it could be something that could replenish our reserves very quickly, because it goes to the heart of the loss of value that we've lost. So that's one issue. The issue of -- you know, when we got here, there was a staggered contract in 2009, which was the firefighters' contract. It was staggered, for whatever reason, City ofMiami Page 88 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 before we got here, and this Commission broke that contract. And I remember telling -- I don't know -- Bobby, wherever he is, I remember telling Bobby, `I will never -- we will not break a contract with you as long as I'm here, on a contract that we negotiate. " And I think, you know, we also did another thing in that, in the cuts that we imposed in 2009. We created parity between the departments, if you remember. We did We cut the firefighters substantially more. Vice Chair Gort: A lot more. Chair Sarnoff We cut all of their -- we did -- Commissioner Spence -Jones: Yes. Commissioner Suarez: -- substantially more. Chair Sarnoff No, I know (UNINTELLIGIBLE). Commissioner Suarez: So there was about a $10, 000 per employee difference. I completely agree, and I'm willing to do right now the educational pay supplement for the police officers, because I think we have -- given the issues that are circulating, the department, with the Department of Justice, and use of excessive force and all that, I think the educational pay is something that goes to that issue. Applause. Mr. Alfonso: Commissioners -- Commissioner Suarez: She liked it. Vice Chair Gort: I guess (UNINTELLIGIBLE). Mr. Alfonso: I'm sorry, Commissioner, ifI may again, I believe that we cannot negotiate from the dais -- Commissioner Suarez: Understood Mr. Alfonso: -- with our employees. Commissioner Suarez: Understood My apologies. Commissioner Spence -Jones: Yeah. Commissioner Suarez: My apologies, Mr. Manager. I apologize. You got a little fired up there. Commissioner Spence -Jones: Yes. He's trying to protect his employees. Commissioner Suarez: All right. Oh, I know. I think he's trying to protect the City, but I understand, and I agree with you. The issue of -- the issue that you bring up, Mr. Chairman, that we can just take the remainder of that money and start budgeting for the 100 officers, first of all, I think we have the money to budget the 100 officers. I believe that. I think it's there from our '13114 budget; not from our -- the budget that we're currently in, which is the '12113 budget, okay? I don't think you can -- I agree with Commissioner Gort. I don't think you can use what is, in effect, a surplus, a one-time surplus and budget a reoccurring expense with that one-time surplus. V ce Chair Gort: We want to make sure we can continue to pay it. City ofMiami Page 89 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Commissioner Carollo: Right. Commissioner Suarez: But I do believe, andl will support you -- look at me. I will support you on the budget that we're about to begin, the budget discussion that we're about to begin, to budget for the 100 police officers, andl will -- we just heard on the record that we're going to have those by the end of the year. So we're going to hold --just like we hold our financial team responsible if they don't prepare the CAFR (Comprehensive Annual Financial Report) on time, we're going to hold our Police department responsible if they don't produce those 100 police Officers, because all the people who are in the audience are depending on it. Applause. Commissioner Suarez: So that's going to happen. That's going to happen here today. Commissioner Spence -Jones: Mr. Chairman, I just have a -- Chair Sarnoff You're recognized. Vice Chair Gort: Call the question. Commissioner Spence -Jones: Okay, I just want to say --just to clear up something, 'cause I think we do have a resolution, which is great, but out of the dollars that we have, out of the 6 million, 2 million of that is actually going towards the police increase anyway, so we are at least taking care of our officers as a part of this one-time bonus. But also coming into the new budget -- and you can correct me, Danny -- we've already budgeting -- or you have budgeted 25 --for 25 officers out of the new budget as well, right? Mr. Alfonso: Correct, Commissioner. The proposed budget includes 25 additional officers. In addition to that, the proposed budget, as part of the labor union contract with police, includes a 3 percent increase for all City police officers, effective April I of 2014. Commissioner Spence -Jones: So we're kind of getting there, anyway. Mr. Alfonso: Well, there's -- the contract includes additional monies for police officers in 2013114. They are the only bargaining unit that got an increase in 2013114. Commissioner Suarez: And you know what? You know what? All power -- more power to them. That's what they negotiated, and they got it, and we agreed to that, and we're going to pay it, okay? So -- but that's what I want to explain here, which is we're doing this in addition to that. We're saying that out of this year's budget -- Mr. Alfonso: Correct. Commissioner Suarez: -- we made a significant savings. We want to share that savings with our employees, who deserve it, who work hard. Mr. Alfonso: Correct. Commissioner Suarez: We want to incentivize them to continue to work hard, because our constituents, our residents are depending on their hard work, and that's -- Mr. Alfonso: Correct. Commissioner Suarez: -- and we want to share the gain, even though we know we have ways to City ofMiami Page 90 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 go and we have come a long way, and we have a long way to go to get to where our reserve levels need to be. Chair Sarnoff All right, I'm going to call the question. Commissioner Suarez: Call it. Chair Sarnoff All right, so on RE (Resolution) -- what am I on? Commissioner Spence -Jones: Twenty-one. Commissioner Suarez: Twenty-one. Chair Sarnoff Twenty-one. All in favor, please say "aye. " Vice Chair Gort: Aye. Commissioner Carollo: Aye Commissioner Suarez: Aye. Commissioner Spence -Jones: Aye. Chair Sarnoff No. Mr. Alfonso: As amended right? Commissioner Spence -Jones: Yes. Todd B. Hannon (City Clerk): As amended. And clarification for the record, I have that as 4-1. Vice Chair Gort: Yes. RE.22 RESOLUTION 13-00918 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING Management and APPROPRIATIONS RELATING TO THE GENERAL FUND FOR FISCAL YEAR Budget 2012-13, PURSUANT TO RESOLUTION NO, 12-0361, ADOPTED SEPTEMBER 27, 2012, FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2013. 13-00918 Summary Form.pdf 13-00918 Pictures of Pipes.pdf 13-00918 Legislation.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, Carollo, Suarez and Spence -Jones Noes: 1 - Commissioner(s) Sarnoff R-13-0345 Chair Sarnoff RE.22. Vice Chair Gort: I think the CRA (Community Redevelopment Agency) -- are you guys ready? City ofMiami Page 91 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Commissioner Spence -Jones: Yeah, but let's finish -- we're going to finish the agenda, right? RE. 22 and we're done, right? Chair Sarnoff Yeah, RE. 22, and then we held up on living wage. Commissioner Spence -Jones: Yes. Christopher Rose (Director, Management and Budget): Commissioners, RE. 22 is a resolution of the Miami City Commission amending appropriations relating to the general fund for fiscal year 2012113, pursuant to Resolution Number 12-0361, adopted September 27, 2012, for the fiscal year ending September 30, 2013. Vice Chair Gort: Move it. Chair Sarnoff We have a motion by Commissioner Gort. Commissioner Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. Any discussion? Hearing no discussion, all in favor, please say "aye. " Vice Chair Gort: Aye. Commissioner Carollo: Aye. Commissioner Suarez: Aye. Commissioner Spence -Jones: Aye. Chair Sarnoff Register a "no." END OF RESOLUTIONS BOARDS AND COMMITTEES BCA RESOLUTION 13-00764 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUALAS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: Maria A. Napoles 13-00764 Arts CCMemo.pdf 13-00764 Arts Current_Board_Members.pdf NOMINATED BY: Mayor Tomas Regalado Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0356 City ofMiami Page 92 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Chair Sarnoff Okay. Do you want to go to boards or discussion items? How do you guys feel? Commissioner Suarez: Let's try to knock out all the boards. It's 11:35. Chair Sarnoff Boards, okay. Todd B. Hannon (City Clerk): Good afternoon, Chair. Commissioner Carollo: I'm sorry. Are we doing RE. 22? Chair Sarnoff I thought that was time certain. Commissioner Suarez: It's tied to 21. Chair Sarnoff Yeah, it's tied to 21, so I thought we would time certain it -- Commissioner Carollo: Okay. Chair Sarnoff -- at the same time. All right, boards. Mr. Hannon: Good morning, Chair and Commissioners. It is with great pleasure that I pass along the honor and privilege of presenting the board items to the Commission to our Assistant City Clerk, Ms. Nicole Ewan. Ms. Ewan, you have the floor. Nicole N. Ewan (Assistant City Clerk): Thank you, City Clerk. Good morning, Commission. BC.1 is Arts and Entertainment Council. Mayor Regalado will be appointing Maria Napoles. Vice Chair Gort: Move it. Commissioner Spence -Jones: Second Chair Sarnoff There's a motion. There's a second All in favor, please say aye. " The Commission (Collectively): Aye. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: Can I defer all my appointments, with the exception of the HEP (Historical and Environmental Preservation) Board, which I want to nominate the same person that I have, which is Hugh Ryan? Ms. Ewan: Absolutely. Commissioner Carollo: Okay. Thank you. BC.2 RESOLUTION 13-00406 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUALAS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City ofMiami Page 93 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Chair Marc David Sarnoff 13-00406 Audit CCMemo.pdf 13-00406 Audit Current—Board—Members. pdf NO ACTION TAKEN BC.3 RESOLUTION 13-00609 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL ASA MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY Jesse Manzano Commissioner Francis Suarez 13-00609 Bayfront Park CCMemo.pdf 13-00609 Bayfront Park Current_Board_Members.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-13-0357 Nicole N. Ewan (Assistant City Clerk): BC.3, Bayfront Park Management Trust. Commissioner Suarez will be appointing Jesse Manzano. Commissioner Suarez: Move it. Commissioner Spence -Jones: Second Chair Sarnoff All in favor, please say aye. " The Commission (Collectively): Aye. BC.4 RESOLUTION 13-00501 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUALAS A MEMBER OF THE CIVIL SERVICE BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commission -At -Large City ofMiami Page 94 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 13-00501 Civil Service CCMemo.pdf 13-00501 Civil Service Current_Board_Members.pdf 13-00501 Civil Service Exec Sec Memo.pdf NO ACTION TAKEN 113C.5 RESOLUTION 13-00408 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUALAS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Jose Bravo Commission -At -Large (Alternate Member) 13-00408 CEB CCMemo.pdf 13-00408 CEB Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-13-0358 Nicole N. Ewan (Assistant City Clerk): BC. 5, Code Enforcement Board. There is one Commission at large appointment to be made. Vice Chair Gort will be appointing Jose Bravo as an alternate member. Commissioner Suarez: Move it. Chair Sarnoff Motion by -- Commissioner Spence -Jones: Second Chair Sarnoff -- Commissioner Suarez, second by Commissioner Spence -Jones. All in favor, please say aye. " The Commission (Collectively): Aye. BCA RESOLUTION 13-00765 Office ofthe 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 Vice Chair Wifredo (Willy) Gort City ofMiami Page 95 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Commissioner Frank Carollo 13-00765 CSW CCMemo.pdf 13-00765 CSW Current_Board_Members.pdf NO ACTION TAKEN 113C.7 RESOLUTION 13-00511 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY Victoria Cervantes Etain Elisabeth Connor Nathaniel Wilcox 13-00511 CRB CCMemo.pdf 13-00511 CRB Current_Board_Members.pdf 13-00511 CRB Memo and Application. pdf Vice Chair Wifredo (Willy) Gort Vice Chair Wifredo (Willy) Gort Commissioner Michelle Spence -Jones Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-13-0359 A motion was made by Commissioner Suarez, seconded by Commissioner Spence -Jones, and was passed unanimously, with Commissioner Carollo absent, to appoint Nathaniel Wilcox as a member of the Community Relations Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Nathaniel Wilcox as a member of the Community Relations Board. Nicole N. Ewan (Assistant City Clerk): BC. 7, Community Relations Board. Vice Chair Gort will be appointing Victoria Cervantes and also appointing Etain Elisabeth Connor. Commissioner Spence -Jones will be appointing Nathaniel Wilcox with a four fifth attendance waiver. Commissioner Suarez: Move it. Chair Sarnoff This is on which one, BC. 6? Ms. Ewan: BC. 7. Commissioner Spence -Jones: Second Chair Sarnoff Seven. I apologize. Okay. City ofMiami Page 96 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Commissioner Suarez: Move it. Chair Sarnoff We have a motion by Commissioner Suarez -- Vice -Vce Chair Gort: Second. Chair Sarnoff -- a second by Commissioner Gort. Any discussion? All in favor, please say aye. " The Commission (Collectively): Aye. BC.8 RESOLUTION 13-00610 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Marc David Sarnoff Commissioner Frank Carollo 13-00610 CTAB CCMemo.pdf 13-00610 CTAB Current_Board_Members.pdf NO ACTION TAKEN BC.9 RESOLUTION 13-00766 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY Iraida Mendez-Cartaya (Ex -Officio Non Voting Member) Jose Vicente (Ex -Officio Non Voting Member) City Manager Johnny Martinez City Manager Johnny Martinez 13-00766 EAB CCMemo.pdf 13-00766 EAB Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo City ofMiami Page 97 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 R-13-0360 Nicole N. Ewan (Assistant City Clerk): BC. 9, Education Advisory Board. City Manager Johnny Martinez will be appointinglraida Mendez-Cartaya and also will be appointing Jose Vicente. Commissioner Suarez: Move it. Chair Sarnoff Motion by Commissioner Suarez. Commissioner Spence -Jones: Second Chair Sarnoff Second by Spence -Jones. All in favor, please say aye. " The Commission (Collectively): Aye. BC.10 RESOLUTION 13-00368 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUALAS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: Jordana Zarut NOMINATED BY: Vice Chair Wifredo (Willy) Gort 13-00368 EOAB CCMemo.pdf 13-00368 EOAB Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-13-0367 A motion was made by Commissioner Suarez, seconded by Commissioner Spence -Jones, and was passed unanimously, with Commissioner Carollo absent, to appoint Jordana Zarut as a member of the Equal Opportunity Advisory Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (415ths) vote of the members of the full City Commission, as it relates to past absences on record for Jordana Zarut as a member of the Equal Opportunity Advisory Board. Nicole N. Ewan (Assistant City Clerk): BC. 10, Equal Opportunity Advisory Board. Vice Chair Gort will be appointing Jordana Zarut with a four fifth attendance waiver. Commissioner Suarez: Move it. Chair Sarnoff Motion by Commissioner Suarez. Commissioner Spence -Jones: Second Vice Chair Gort: Second. City ofMiami Page 98 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 BC.11 13-00767 Office of the City Clerk BC.12 13-00611 Office of the City Clerk Chair Sarnoff Second by Commissioner Spence -Jones. All in favor, please say aye. " The Commission (Collectively): Aye. Commissioner Suarez: Aye or bye? Chair Sarnoff Aye or bye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUALAS A MEMBER OF THE FINANCE COMMITTEE FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Frank Carollo 13-00767 Finance CCMemo.pdf 13-00767 Finance Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES William Hopper (Citizen - Category 7) Jorge Kuperman (Architect - Category 1) Lynn Lewis (Citizen - Category 7) Hugh Ryan (Historian or Architectural Historian - Category 3) Robert John Graboski (Architect or Architectural Historian - Category 4) Todd Tragash (Alternate Member that Qualified Under NOMINATED BY: Chair Marc David Sarnoff Vice Chair Wifredo (Willy) Gort Vice Chair Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Francis Suarez Commissioner Francis Suarez City ofMiami Page 99 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 One of the Categories - Category 8) Timothy Barber (Citizen - Category 7) Gerald Marston (Landscape Architect - Category 2) 13-00611 HEP CCMemo.pdf 13-00611 HEP Current_Board_Members.pdf 13-00611 HEP Applications. pdf 13-00611 HEPApplication Summary.pdf Commissioner Michelle Spence -Jones Commissioner Michelle Spence -Jones Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0363 A motion was made by Commissioner Suarez, seconded by Vice Chair Gort, and was passed unanimously, to change the Historic and Environmental Preservation Board (HEP) category designation for Mr. Gary Hecht from Category 7 to Category 5." A motion was made by Commissioner Suarez, seconded by Vice Chair Gort, and was passed unanimously, to appoint Gerald C. Marston as a member of the Historic and Environmental Preservation Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (415ths) vote of the members of the City Commission, as it relates to past absences on record for Gerald C. Marston as a member of the Historic and Environmental Preservation Board. A motion was made by Commissioner Suarez, seconded by Vice Chair Gort, and was passed unanimously, to appoint Gerald C. Marston as a member of the Historic and Environmental Preservation Board; further waiving the term limits of Section 2-885(b) by a unanimous (515) vote of the members of the City Commission, as it relates to Gerald C. Marston as a member of the Historic and Environmental Preservation Board. Commissioner Carollo: Can we do the HEP (Historic and Environmental Preservation) Board real quick? Chair Sarnoff Yeah, yeah, let's go back to HER You have 5-5? Commissioner Carollo: I think we need a 5-5 for that board. Chair Sarnoff Yeah. You're recognized, Mr. Clerk -- Madam Clerk. Sorry. Nicole N. Ewan (Assistant City Clerk): Thankyou, Chair. BC -12, Historic and Environmental Preservation Board. Commissioners, before I make the appointment, a motion needs to be made to change the HEP Board designation for Mr. Gary Hecht from a category 7 to a category 5. Commissioner Suarez: Move it. Commissioner Carollo: How will that affect all the other categories? Ms. Ewan: Just to accommodate the individuals that's being appointed to the other categories. City ofMiami Page 100 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Vice Chair Gort: Second. Chair Sarnoff All in favor, please say "aye." The Commission (Collectively): Aye. Ms. Ewan: Thankyou. Commissioner Sarnoff will be appointing William Hopper as a category 7 appointee. Vice Chair Gort will be appointing Lynn Lewis as a category 7 appointee. Vice Chair Gort will also be appointing Jorge Kuperman as a category I appointee. Commissioner Carollo will be appointing Hugh Ryan as a category 3 appointee. Commissioner Suarez will be appointing Robert John Graboski as a category 4 appointee and will also be appointing Todd Tragash as a category 8 appointee. Commissioner Spence -Jones will be appointing Timothy Barber as a category 7 appointee and Commissioner Spence -Jones will also be appointing Gerald Marston as a category 2 appointee with a 4/5th attendance waiver and a 515 term waiver. Vice Chair Gort: Move it. Chair Sarnoff All right, we have a motion by Commissioner Gort. Commissioner Suarez: Second. Chair Sarnoff Second by Commissioner Suarez. Commissioner Carollo: Discussion. Chair Sarnoff Discussion. Commissioner Carollo, you're recognized for the record. Commissioner Carollo: Thankyou. So my -- each Commissioner gets two appointees, correct? Todd B. Hannon (City Clerk): Yes, sir, that is correct. Commissioner Carollo: So my other appointee is not up for reappointment? Ms. Ewan: That is correct. Commissioner Carollo: Okay. Chair Sarnoff All in favor, please say "aye. " The Commission (Collectively): Aye. Chair Sarnoff Okay. Ms. Ewan: Thankyou, Commissioners. Chair Sarnoff Let's go to district pages. District -- let's kill things as much -- 'cause anything we don't do, we don't do, so Dl. Commissioner Carollo: Yeah. At what time are you coming back, 2? Vice Chair Gort: D1. Commissioner Carollo: (UNINTELLIGIBLE). City ofMiami Page 101 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Chair Sarnoff It's up to you guys. Do you want to do your district pages, or do you want to have an hour and a half for lunch? Vice Chair Gort: Hour and a half for lunch. Commissioner Carollo: An hour and a half for lunch. Chair Sarnoff There you go. We're in recess. 113C.13 RESOLUTION 13-00768 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUALAS A MEMBER OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Ricardo Lambert Commissioner Francis Suarez 13-00768 Homeland CCMemo.pdf 13-00768 Homeland Current_Board_Members.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, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-13-0364 Nicole N. Ewan (Assistant City Clerk): BC. 13, Homeland Defense/NeighborhoodImprovement Bond Program Oversight Board. Commissioner Suarez will be appointing Ricardo Lambert. Commissioner Suarez: Move it. Chair Sarnoff Motion by Commissioner -- Vice - Vce Chair Gort: Second. Chair Sarnoff -- Suarez, second by the Vice Chair. All in favor, please say aye. " The Commission (Collectively): Aye. 113C.14 RESOLUTION 13-00504 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Marc David Sarnoff City ofMiami Page 102 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Michelle Spence -Jones 13-00504 MSEACCMemo.pdf 13-00504 MSEACurrent_Board_Members.pdf NO ACTION TAKEN 113C.15 RESOLUTION 13-00505 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUALAS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: Devin Cejas NOMINATED BY: City Manager Johnny Martinez 13-00505 PRAB CCMemo.pdf 13-00505 PRAB Current_Board_Members.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, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-13-0365 Nicole N. Ewan (Assistant City Clerk): BC. 15, Parks and Recreation Advisory Board. City Manager Johnny Martinez will be appointing Devin Cejas. Chair Sarnoff Move it. Vice Chair Gort: Second. Chair Sarnoff Motion by Commissioner Suarez, second by the Vice Chair. All in favor, please say aye. " The Commission (Collectively): Aye. Ms. Ewan: And, Chair, ifI can hold on, on the HEP (Historical and Environmental Preservation), I do need a 5-5 for that? So if we can hold on until we get Commissioner Carollo, I'd appreciate it. Commissioner Suarez: That's a record. That was -- Vice - Vce Chair Gort: Like five. Commissioner Suarez: --four minutes, start to finish. That's a record. City ofMiami Page 103 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 113C.16 RESOLUTION 13-00373 Office ofthe 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 13-00373 UDRB CCMemo.pdf 13-00373 UDRB Current_Board_Members.pdf NO ACTION TAKEN BC.17 RESOLUTION 13-00374 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUALAS A MEMBER OF THE WATERFRONT ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Steven Wernick NOMINATED BY: Commissioner Francis Suarez 13-00374 WAB CCMemo.pdf 13-00374 WAB Current_Board_Members.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, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-13-0366 Nicole N. Ewan (Assistant City Clerk): And one more -- I'm sorry -- BC. 17, Waterfront Advisory Board. Commissioner Suarez will be appointing Steven Wernick. Commissioner Suarez: Move it. City ofMiami Page 104 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Vice Chair Gort: Second. Chair Sarnoff Motion by Commissioner Suarez, second by the Vice Chair. All in favor, please say aye. " The Commission (Collectively): Aye. Chair Sarnoff Okay, thank you very much. Commissioner Suarez: That was a record. Ms. Ewan: Thankyou. END OF BOARDS AND COMMITTEES DISCUSSION ITEMS DIA DISCUSSION ITEM 13-00871 City Commission CITY COMMISSION SELECTS CANDIDATE FOR THE POSITION OF THE C ITY ATTO RN EY. 13-00871 Cover Page.pdf 13 -00871 -Submittal -Vote Sheets for the Election -Selection of City Attorney. pdf I1] F10111*14 (DIA) RESOLUTION 13-00871a City Commission A RESOLUTION OF THE MIAMI CITY COMMISSION ELECTING AND APPOINTING VICTORIA MENDEZ, AS CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA, WITH COMPENSATION AND EMOLUMENTS TO BE DETERMINED BY THE CITY COMMISSION. 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-13-0361 Chair Sarnoff Now, the next item up is the selection of the City Attorney. Does anybody here want to hear presentation or do you just want to go to the vote? Has everybody had the opportunity to interview and do their due diligence? So I take it that we have. Does anybody here want to have a presentation of any kind by anyone or you just want to go to the vote ? Vice Chair Gort: Go to the vote. Chair Sarnoff Okay. Everybody agreed, go to the vote? Commissioner Spence -Jones: Yes. Commissioner Carollo: I think we should have a brief presentation, at the very least, maybe two minutes. I mean, just -- I think it should be a little bit more formal than just -- I mean, I've met City ofMiami Page 105 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 with all the candidates, but -- Commissioner Spence -Jones: Yeah. I don't really have to hear any more -- I think we've been talking about this for how long? Vice Chair Gort: For a while. Commissioner Spence -Jones: Huh? Vice Chair Gort: For a while. Commissioner Suarez: Mr. Chair. Chair Sarnoff You're recognized. Commissioner Suarez: My personal feeling is that we've spent -- I've spent a significant amount of time with all the candidates. There's always -- and I expressed this to all the candidates. There's never enough time that you can spend with the candidates when making a decision of this magnitude. I don't think -- personally, I don't think two minutes is going to really be a significant difference. You know, two hours would be a significant difference, you know, so that's just my take on it. I've spent as much time as I could given the time constraints that I had. You know, of course I would have loved to have spent twice, three times, four times, maybe five times the amount of time with all the candidates or more, and particularly some that are not internal to the City that we haven't worked with. But, you know, it is what it is. I think I've made every effort to be fair and, you know, to give equal time to all the candidates. And I'm not so sure that a couple more minutes up here -- unless you really insist on it, I don't think it's going to really make a big difference, but -- Chair Sarnoff I mean, I sort of agree with Commissioner Suarez. I don't think a two -minute presentation is going to change anyone's mind But if you're strong on it, let us know. Commissioner Carollo: I mean, all I'm saying is that I think even Commissioner Suarez has argued in the past when, you know, there's a selection process and they don't do oral presentations. So that's why I thought, you know, it won't take too much time, but at least we hear from each one of them. And I'll be honest with you: this is not an easy decision. Commissioner Suarez: Of course not. I agree with that -- Commissioner Carollo: I mean, it's not -- Commissioner Suarez: -- hundred percent. Commissioner Carollo: You know, this is a -- it may be a close vote. So, you know, I thought that it could be one last opportunity and, you know, and -- but I'm -- it's going to be two minutes, but that was my take. You know, I'm flexible, but that was my take. Chair Sarnoff All right, I think the consensus up here is that we're just going to vote. Commissioner Carollo: And by the way, it's not just for us. Also, I think the public out there may want to see who the candidates are and may see who we are, you know, choosing from. It's not just us up here. I think, you know, it's being televised, and I think, in all fairness, there's -- I'm hoping there's a lot of City residents that are actually watching this and want to see, okay, who's who, who are they voting for? I mean, especially that some of the candidates aren't, you know, within the City ofMiami; they're outside. So I just thought it be good for the residents to also see who we're choosing from. City ofMiami Page 106 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Chair Sarnoff Okay. All right, so is it the consensus that we just go to vote? Commissioner Spence -Jones: I think we should just go -- on this, I think we should just go to vote. Chair Sarnoff All right, let's go. Commissioner Spence -Jones: So do -- are we just marking and turning in? Chair Sarnoff Yeah. We'll see where we are. Maria J. Chiaro (Deputy City Attorney): So that I can explain the procedure. For the record, the Commissioners have been given a ballot with five names of the final candidates. They will each vote for one. The Clerk will then collect the ballots and read off the one vote for each Commissioner with the Commissioner's name. Commissioner Suarez: Mr. Chairman, while we're voting, may I -- Chair Sarnoff Sure. Please. Commissioner Suarez: -- brief comment? I just want to echo something that the vice -- that Commissioner Carollo said, which is that this was not an easy decision. I met with all the candidates. I learned a lot in the process actually about the functioning and the way the City Attorney's Office functions. I think had a very idealistic notion going into this process. I thinkl became much more realistic as the process, you know, underwent. And, you know, I want to thank all of the candidates who put themselves out there. The hardest thing sometimes in life to do is to put yourself out therefor something and --you know, they're all very good lawyers, have great resumes, and I could tell you that I struggled mightily with the decision. I had to put in a lot of time, energy, and effort thinking it through and coming up with my decision. So I just want to thank everyone for, you know, the way that they handled themselves in the interviews that I conducted So thankyou. Todd B. Hannon (City Clerk): Commissioners, I will now read each Commissioner's vote into the record for round one. Vice Chair Gort cast a vote for Lynn Dannheisser. Chair Marc Sarnoff cast a vote for Victoria Mendez. Commissioner Carollo cast a vote for Victoria Mendez. Commissioner Suarez cast a vote for Victoria Mendez. Commissioner Spence -Jones cast a vote for Lynn Dannheisser. After tallying the votes, Victoria Mendez has three votes; Lynn Dannheisser has two votes. Commissioner Suarez: Mr. Chair. Chair Sarnoff You're recognized. Vice Chair Gort: That's it. Commissioner Suarez: May I make a motion to select Victoria Mendez based on the votes that were cast by the Commissioners? Chair Sarnoff Is there a second? Commissioner Carollo: Second. Chair Sarnoff Any discussion? All in favor then, please say aye. " City ofMiami Page 107 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 The Commission (Collectively): Aye. Chair Sarnoff Okay. Applause. Victoria Mendez (Assistant City Attorney): Thank you, Commissioners. I just briefly wanted to say thank you very much. I will not let you down. I will take this position very seriously, andl will make sure thatl represent this office with the utmost character and respect it deserves, andl will give you the legal advice that you need to make this City even greater. Thank you. Chair Sarnoff Thank you. Applause. Chair Sarnoff You mind ifI say something? 'Cause I didn't say very much, and maybe you could take this as a little bit of advice, Ms. Mendez. I don't think your office is functioning extremely well. It was not an easy thing to pick somebody from within. But when it was all said and done, probably being the City Attorney is more about leadership than any other office I can think of in the City ofMiami. One wrong decision by you can cost the City hundreds of millions of dollars, and I cannot think of another department where that cost can be so significant. Who you surround yourself with who you keep and what changes you make will define you for the next six years of your life. So now is really the time to heed what the two other Commissioners I think were trying to do, which was make significant changes to your office, as I think need to be made, and to surround yourself -- where you find yourself weakest, put it as a strength. And the weight of what falls on you right now is probably equally the weight of what now has fallen on Danny Alfonso as the acting City Manager. A lot of decisions get made by you, a lot of costly decisions, how this City looks, how people think of us, what they think of us, how you walk, how you speak, who you speak to, the actions you take; even in your recreational sense when you're not the City Attorney will always reflect upon you and will always reflect upon the City. It's a huge responsibility; wear it well. Congratulations. Commissioner Gort. Vice Chair Gort: I think it's important people to understand, this Commission can only assign three individuals: City Clerk, auditor general, and the attorneys. I, myself, have a problem the way this been running. I think a lot of changes need to be done in there. I think you've heard from the attorneys that sit here. So you have a big, big responsibility. Now make sure you're up to it and not follow the --what Sarnoff just stated. You now represent the City ofMiami Attorney's Office so you have to be very careful. Thank you. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: Thank you, Mr. Chairman. First of all, I'd like to congratulate you, Ms. Mendez, and at the same time, you know, let you know that this decision was not easy. You have very, very good candidates, and even to the last minute, I struggled. I have to admit. I think you're also seeing that some Commissioners up here, and even though I voted in favor of you, have concerns with the City Attorney's Office. There area lot of vacancies. I don't know if we're going to be able to recruit. I don't know if once we recruit, if we're going to be able to keep those people, you know. I've mentioned with regards to mentoring, and I know there's a program in place andl want to expand it citywide. But the bottom line is that, you know, I think everyone up here understands the importance of your position and has, in one way another concerns with that Office. So, you know, we have faith that you're going to move us in the right direction and, you know, congratulations once again. City ofMiami Page 108 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Commissioner Suarez: Want to go to her first and then I'll go last? Chair Sarnoff I think you're -- Commissioner Suarez: Okay. I'm last? Chair Sarnoff I think you're going to be last. I don't -- yeah. Commissioner Suarez: Okay. Thank you, Mr. Chair. Ms. Mendez, obviously, you know, I want to congratulate you. You have, as the Chair mentioned, you a very, very heavy responsibility. It's almost bitter-sweet sometimes when you're selected to positions of leadership. I remember when our former City Manager, Johnny Martinez, was made City Manager; that I told him and his wife that I was going to be praying for them, andl'll be doing the same for you. You know, it's a very difficult decision. The only piece of advice I would give you, being up here for four years, is -- I know we're very demanding as a Commission and it's very difficult to work for a Commission that has two lawyers, but my recommendation would actually be if you're confronted with a situation where you don't feel like you're fully informed or you don't have the answer, you don't have to give us the answer that second you know. You can always say, T need more time." You know, T need to wait till the afternoon'br whatever. We prefer --I know I prefer for more certainty, more thoroughness than getting an answer quicker. And I think we've demonstrated on this Commission that we are patient enough to wait in many instances where Commissioners here have said, We need more time. "We need to review things in greater depth,'and so that's just my only piece of advice to you. I think you have the maturity. You demonstrated tome that you have the maturity and the leadership qualities. I expressed to you and all the other candidates my serious concerns about some aspects of the way the office functions. Andl also, like I said in my initial comments, learned a lot about what some of your limitations are, vis-a-vis, offices that we often compare you to and fairness --you know, some fairness issues that have to be maybe dealt with or thought through as we deliberate on your budgets and things of that nature. And maybe we need to -- I know from my perspective, I needed to get to know the office a little bit better before making some of those judgments, and that was something that I learned throughout the process. I, too, as Commissioner Carollo said, struggled mightily with this decision, whether to choose someone from the inside or someone from the outside. I think there was two very good internal candidates and two very good external candidates from my perspective. You know, I could have easily gone in a different direction and would have felt good about that decision given the choices that we were given. And again, I commend all the candidates for putting themselves out there. I really, really appreciate the fact that they, you know, had the courage to put themselves out there. And I got to know a lot of them much, much better than I did before and for that, I feel that I'm a better person as a result. So thank you, Mr. Chair. Chair Sarnoff Thank you. Ms. Mendez, by the way, this in no way relieves you of the obligation of finishing the FP&L (Florida Power & Light) lawsuit. Ms. Chiaro: Mr. Chair, you will need -- this will be a resolution making a selection. The actual appointment and the compensation package will be on your September 26 agenda, so the -- Chair Sarnoff Shouldn't we be selecting somebody to negotiate the selection and -- Ms. Chiaro: Precisely why I brought it up. Chair Sarnoff Right. So -- Vice - Vce Chair Gort: Commissioner Suarez will be elected. Chair Sarnoff I think you're being appointed by Commissioner Gort, who has that designated authority under the Charter. City ofMiami Page 109 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Commissioner Suarez: This will be my third successive negotiations that I would conduct with the City Attorney, so I would gladly accept that, if that's the will of this Commission. Chair Sarnoff All right. I think -- we don't need a reso for that; we can just give an instruction? Ms. Chiaro: Yes, you can just give the instruction. Chair Sarnoff Okay. All right. Grace Solares: Mr. Chair. Chair Sarnoff Yes. Ms. Solares: Can I be recognized -- Vice -Vce Chair Gort: See you soon. Ms. Solares: -- on the choice ofMs. Mendez to be the City Attorney? You know my relationship with the City Attorney of this office and the entire staff. You could not have made abetter choice from an internal assistant state [sic] attorney. Commissioner Suarez: City Attorney. Ms. Solares: Mendez has been, every time I've sat with her and either a Commissioner or the Mayor, someone who listens; who, with honesty, goes through the issues I'm presenting and comes back sometimes with something that I don't want to hear, but other times realizing that what I'm bringing to the table has merits and has actually made her look more into researches. So, Vicky Mendez, I congratulate you for being the City Attorney. And I certainly hope that the people ofMiami -- 'cause I represent an organize that represents many neighborhoods -- can actually work with the City Commission, through you, in a better, better format that we have been able to do throughout these past years. So congratulations and I certainly hope you do a good job for all of them; them and us. Thank you, Mr. Chair. Chair Sarnoff Thank you. All right, Victoria, why don't you assume the mantle? Oh, no, not yet? Vice Chair Gort: No, no, 26th. The 26th. Chair Sarnoff When do you leave? Ms. Chiaro: (UNINTELLIGIBLE). Chair Sarnoff About five minutes? Okay. All right, we'll -- no jokes. Vice Chair Gort: Thank you. DI.2 DISCUSSION ITEM 13-00785 DepartinentofPolice DISCUSSION ON THE INDIVIDUALS ARRESTED FOR SHOOTINGS IN THE CITY OF MIAMI. 13-00785 Summary Form.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. City ofMiami Page 110 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones DI.3 DISCUSSION ITEM 13-00814 District 2- DISCUSSION REGARDING THE CITY'S WEBSITE. Commissioner Marc David Sarnoff 13-00814 Email - City's Website.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item DL 3 was deferred to the November 21, 2013 Commission Meeting. Chair Sarnoff DL 2. You're recognized. Vice Chair Gort: DI 2 is the -- I understand -- I've been watching -- the solar panel who's [sic] out there. It was built also with the grant funds; that it's not in use. Chair Sarnoff I'm sorry, Commissioner, I didn't understand that. Vice Chair Gort: The solar panel. Chair Sarnoff Oh, the solar panel. Oh, D1.3, okay. Vice Chair Gort: Um-hm. Later... V ce Chair Gort: The next -- andl'm sorry, I had it changed in my page --the solar panel at the City Hall that was built with the cost of $250, 000, it was a grant that we received. The system has not been working since it was established, and it sits right outside there. I don't think we utilize it, and I think we should take advantage of the funds that we get and really use it. Ricardo Falero: Rick Falero, director of GSA (General Services Administration). This was approved in 2008 on March 13. It was totally funded by a company called Equimedia to the City. The cost of the paneling was $100, 000, and it included another $40, 000 for retrofits of lights in City Hall. The system does operate and it works, but it's not very efficient, but it is -- Vice - Vce Chair Gort: My understanding was it was disconnected and it's not working. Mr. Falero: No, it's not disconnected It works. Vice Chair Gort: It works. Mr. Falero: We had it fixed a couple years ago. It had a minor issue. It's been working since then. Apparently, when they had some power outage or something happened not too long ago, two of the fuses went, and when we were advised, we came and we ordered them and we fixed them. As a matter of fact, Wednesday, the parts came in, and we fixed the two fuses, and it is operative. It works. Vice Chair Gort: Okay, glad to hear that. City ofMiami Page 111 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Mr. Falero: All right. Vice Chair Gort: Thank you. You took care of that. DIA DISCUSSION ITEM 13-00500 District 2- DISCUSSION REGARDING THE DEPARTMENT OF INFORMATION Commissioner Marc TECHNOLOGY. David Sarnoff 13-00500 Email - Department of Information Technology.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item DI4 was deferred to the November 21, 2013 Commission Meeting. DI.5 DISCUSSION ITEM 13-00643 Department of QUARTERLY UPDATE OF NON -REIMBURSABLE GRANT EXPENDITURES Finance FOR 2ND QUARTER ENDING MARCH 31, 2013. 13-00643 Summary Form.pdf 13-00643 Memo - Non -Reimbursable Expenses.pdf DISCUSSED Chair Sarnoff So discussion items. We do not have any citywide discussion items, correct? Commissioner Spence -Jones: I think do have one, right? Chair Sarnoff Do you? Commissioner Spence -Jones: Do I? Commissioner Suarez: We have nonreimbursable grants. That's citywide. Chair Sarnoff Yeah, I apologize. Right. DI5. DI point --it has to say --Go ahead, you're recognized for the record. Jose Fernandez (Director): Hi. Jose Fernandez, Finance Department. For the financial integrity principles, we're supposed to come to the Commission every quarter and tell them -- report on nonreimbursable grant expenditures. For the period endedMarch 31, we have none. And also DI 7, I don't know if you want to take that up as well. Chair Sarnoff Go ahead Mr. Fernandez: For June 30, 9130, we didn't have any non -- Vice -Vce Chair Gort: Bring the mike up. Mr. Fernandez: We didn't have any nonreimbursable grant expenditures either. Vice Chair Gort: Good. City ofMiami Page 112 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Chair Sarnoff DT 7? Mr. Fernandez: Yes, correct. Chair Sarnoff Okay. DI.6 DISCUSSION ITEM 13-00985 District 5- DISCUSSION REGARDING PENDING MORTGAGE LENDING LITIGATION Commissioner PRIOR TO FILING LEGALACTION. Michelle Spence -Jones 13-00985 Email - Pending Mortgage Lending Litigation.pdf 13 -00985 -Submittal -Mortgage Litigation Document.pdf DISCUSSED Direction by Chair Sarnoff to the City Attorney for a matrix, or comparable document, be created detailing the following information: 1) All litigation attempted nationally to date and the outcome, including language from appellate decisions that help or hurt the City's case regarding this matter, 2) All conversations made on the record by counsel concerning costs and attorney fees, whether counsel's costs and attorney's fees or costs of potential defendant's attorney fees, in addition to what our retainer agreement states to ensure that fees are compatible with the services to be provided by counsel; further directing that this information be provided to the Commission, Mayor, and City Manager five days before the September 26, 2013, Commission meeting. Direction by Commissioner Spence -Jones to include in the document requested by Chair Sarnoff an explanation, if any, on whether any targeted financial institution has a relationship with the City of Miami. Chair Sarnoff So now DI 6. You're right, Commissioner Spence -Jones. I apologize. You're recognized for the record on DT 6, page 44. Commissioner Spence -Jones: Okay. I was actually waiting for Warren. Is he -- he's -- Maria J. Chiaro (Deputy City Attorney): He is currently not in the building. That's the attorney in the office who is handling this case. I am aware of the general overview of the status of the case -- Commissioner Spence -Jones: Sure Ms. Chiaro: -- but I am not aware of any details. This is the litigation that was approved by the City Commission and the retention of a law firm to possibly sue one or several banks related to subprime mortgages. Commissioner Spence -Jones: Okay. Well, I just have some questions. I mean -- andl understand that I can't -- we're not getting into the issues, because, you know, of the litigation, and want to be clear with the City Attorney. We are not in litigation as ofyet. Ms. Chiaro: That's correct Commissioner Spence -Jones: Correct? Ms. Chiaro: We are -- that's correct. City ofMiami Page 113 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Commissioner Spence -Jones: Okay. So I just wanted to clear up that issue, because every time I mention this subject matter, the first thing that's said, "We're in litigation. " So we're not in litigation as of yet, so we can ask key questions. My -- I recognize that this is Commissioner Suarez', you know, baby, and I'm not -- his second baby. Later... Commissioner Spence -Jones: So I recognize that this is your baby. But what I really wanted to do was really just have a clearer understanding now before we get to this point. Understanding that may not be here or will not be here, I just want to make sure that I'm responsible in whatever decisions I make before the new person gets in. So I have a couple of questions for the City Attorney that I need to have clarity and I think that also the public should be clear on. So my first question was I -- we never really got a clear answer on this, but I want to just be clear, who is the actual client? Who -- it would be the City Commission, correct? Ms. Chiaro: The City is the client. The law firm was retained to investigate this litigation on behalf of the City ofMiami. Commissioner Spence -Jones: Okay. So one of the questions that I know that my office has been asking for is a copy of the representation agreement. I don't know if the other Commissioners have. You guys received a copy of the -- Commissioner Suarez: No, I haven't. Commissioner Spence -Jones: -- representation agreement? Okay. Ms. Chiaro: I can provide that for you. Commissioner Spence -Jones: Okay. Ms. Chiaro: I have the representation agreement. Commissioner Spence -Jones: So I think it's really important for us to understand what is coming out of this, especially if this is such a big issue. And the other question I have was, I understand that we are -- this firm is not -- they're not based here, and maybe Commissioner Suarez can answer more -- some of these questions. But my question really is if they're based out of California and not necessarily based out of Florida -- and I'm not an attorney, but t do want to be clear -- how are we handling local participation on this? Is this something that will be voted on by this body, the local individual that will be hired, or are they just hired? Ms. Chiaro: No. They -- in order to represent the City ofMiami, they need to have the proper approvals from Florida courts, whether it's admission for just this case into the court or in order to -- they have to associate or have an attorney who is admitted in Florida to represent a Florida client in the Florida courts. Commissioner Spence -Jones: Okay. So if we -- as City Commissioners sitting up here, can we make that one of the conditions, that -- I don't know who the California guys are, and maybe Commissioner Suarez has a better understanding who they are. But I think it's extremely important, as a part of whatever agreement we have, that we understand who local counsel is that's going to be hired. I don't think that that should be an issue -- I mean I think that should be an issue for us to at least know who's going to be hired locally to deal with some of these issues regarding these loans. Ms. Chiaro: In the agreement that was approved, the local counsel is named in the agreement. City ofMiami Page 114 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Commissioner Spence -Jones: So we do have local counsel in it already? Ms. Chiaro: Well -- Commissioner Spence -Jones: 'Cause I was told that it was not. Ms. Chiaro: -- it's Harke Clasby & Bushman. Commissioner Spence -Jones: Okay, so there is a local firm that's -- Florida -based firm, 'cause we -- when I asked the question, they said that has not been done as of yet, but there is one. Ms. Chiaro: It is included in the agreement that was approved. Commissioner Spence -Jones: Okay. All right, so that cleared up one question. All right. And then the other question I had, during the March 29 meeting, it was noted that approximately 1.5 million to 2.5 million was required to litigate this matter and that outside counsel had the resources necessary to fully litigate the case. If outside counsels are not successful, would the City be responsible for the 1.2 -- 1.5 to 2.5 million? So in other words, I understand that we're not putting any money up, but let's say they are not successful. Is it clear in this agreement that the City would not be liable for anything? Because, usually, I know that when there is a litigation and if they do win, then -- or they don't win, then the City is normally liable to pay for that bill. So the question becomes, is that the case? Ms. Chiaro: In most instances, that's the simple answer, and I don't want to give you an answer in legalese. But the agreement sets off --sets out very specifically what the law firm is paying for and what the exposure of the City will be if there is a series of incidents, and I -- and --you know, I will provide you a copy of the agreement that sets out at least in as much detail as we could negotiate what the City would be responsible for, if anything. Commissioner Carollo: Mr. Chairman. Commissioner Spence -Jones: I -- Commissioner Carollo: It was my understanding -- hold on, hold on, hold on. 'Cause my vote was based on this, and I was very cautious with it, and my vote was based on this. We were told that the City would have no exposure; we would not have to pay anything. Commissioner Spence -Jones: That's why I want to be clear. Commissioner Carollo: And that's not what I'm hearing now, so -- Commissioner Spence -Jones: And that's probably 'cause we haven't seen the representation agreement, 'cause I'm sure that's in there somehow -- where. Ms. Chiaro: Well, you all have seen the representation agreement, and it's set out. And I'm hesitant to make a statement that under any circumstances the City will absolutely have to pay nothing, but it -- that provision was pretty much negotiated. Chair Sarnoff Well, can I ask a question? And I don't mean to interrupt. Commissioner Suarez: And then I want to jump in too, 'cause this -- Chair Sarnoff That's all right. What was represented on the record to us at the Commission? City ofMiami Page 115 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Ms. Chiaro: I don't know. I will get the minutes, and we can look at what was represented to you in the minutes. Commissioner Spence -Jones: And because I'm taming my tongue today, I just -- I want to be clear. I know that Carollo chimed in on it. I know I chimed in on it. Andl'm almost sure even the person that was sponsoring the legislation chimed in on it, that the City -- Commissioner Carollo: Yeah. Commissioner Spence -Jones: -- we would not have to pay anything. Commissioner Carollo: Exactly. Commissioner Spence -Jones: So that was the deciding, I know, push for me, that we would not lose anything. Commissioner Suarez: I think -- Mr. Chair, if I may? Chair Sarnoff Yeah, go ahead Commissioner Suarez: Thank you. Well -- and correct me ifI'm wrong, Madam City Attorney, 'cause I haven't looked at the retainer agreement. I don't know what the retainer agreement says. There was a couple of different issues. I think the first one is -- my understanding is we're engaging them on a contingency fee basis, meaning we're not paying them to sue whomever they sue if they sue anyone, by the way -- Commissioner Spence -Jones: Right. Commissioner Suarez: -- which is, I think -- one of the things that's a little bit strange is that there seems to be a lot of things going on and no one has been identified as a plaintiff as of yet, as far as I know. When I advanced this litigation or potential litigation, it wasn't singling out any one particular financial institution. It's basically saying, "Look, let's see if this practice has been engaged against our citizens, against the poorest members of our citizens. And if it has, then that could be a cause of action that could generate for the City ofMiami millions, maybe tens of millions, of dollars in damages. My understanding is that there are financial institutions that are already offering millions of dollars to settle this case before it's even, like you said become a case, so that indicates to me that there's exposure out there and -- So let me just leave that there. I am pretty confident -- and again, I don't -- I haven't looked at the minutes before today. I probably should have. I haven't seen the item on the agenda. But I'm fairly confident that at one point, there was some discussion about whether the attorneys could indemnify the City, and I think it was pretty clear from the City's [sic] Attorney's perspective that that could not happen based on the Florida Bar rules. That's what I'm pretty sure was discussed. Chair Sarnoff No. Remember, we brought up tampering? Commissioner Suarez: Maybe I'm wrong. I could be wrong on the minutes, so I haven't looked at the minutes. I remember having a discussion -- I think it was with you, Mr. Chairman -- where we kind of debated about the risk reward issue. And any time you sue someone, there's always a risk that they're going to countersue you or there's always a risk that you have to pay attorney's fees, if it's a frivolous suit or something of that nature. That's a risk that you take any time you get sued Or any time you sue, you authorize litigation. When we authorize litigation, when I voted against Scotty's, you take the risk that they countersue you, that you have to pay attorney's fees. That's always a risk. And I don't know that that risk is indemnifiable [sic], okay, so that's -- I'm pretty sure we discussed that on the record. And my -- I'm pretty sure -- I'm not saying -- I'm not a hundred percent sure. City ofMiami Page 116 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Chair Sarnoff No, I think -- let me -- I think what you're saying -- and this is my recollection, Commissioner -- that they would never -- we would never incur the cost associated with their defense -- with their representation. Commissioner Suarez: Correct. Chair Sarnoff Right. But I don't think we crossed the threshold -- I don't remember -- in the event we lose that we would incur the costs under what's called a 54(b) motion in federal court, that we would incur the costs associated with one of the banks in the event that they lost. Commissioner Suarez: Now you lost me. Now you kind of lost me, but -- Commissioner Spence -Jones: I'm just --you guys --you're over there talking legalese, which -- Chair Sarnoff That's where it ends up. Commissioner Spence -Jones: But I just know if there's nothing else, that if we were all clear on this that this is not going to cost us a dime. Commissioner Suarez: Right. Commissioner Spence -Jones: And I know that Commissioner Carollo went on and on, and then I chimed, and I know this was a part of their conversation. Now, I just want to be clear -- and I don't want to beat a dead horse. Only reason why I wanted to ask these key questions, I think that whatever decision we decide to make or we made the decision, but as far as the City Attorney's Office is concerned on this issue, I want to make sure that we have -- they have clear direction and we have clear information about what's really happening and what's really going on. I support Commissioner Suarez, 'cause I know that what he was doing is the right thing and was the right thing, so I know the intentions behind it. But I really wanted to make sure that we understand what's going on. And I'm going to be honest with you. I didn't even realize this item was such a hot item. I just wanted clarity, and I had a million and one different people call me about it. I'm like -- I just want to be clear that before I leave, what is actually happening with this agreement, you know, so -- and I don't want to be dealing with it on the back end of it. I don't want -- my -- the person sitting in this chair to be dealing with it on the back end of it -- of a bad decision I made, so that's why I wanted to be clear on it. So the statement that Carollo made, andl know that I made, andl'm almost sure other folks chimed in on it, as well, basically said "Okay, we don't have to spend any money to get into the litigation. And if we lose -- we have nothing to lose 'cause it's nothing we have to pay. " So I just want to be clear on that. And we don't -- I don't have to get a answer on it now, but I would like to make sure that is officially on the record from my perspective, D5 perspective, that my vote and my support of it was really centered around the City not having to put any money out on this, okay? So -- Ms. Chiaro: Well, I can tell you that the City is not going to advance any cost on this Commissioner Spence -Jones: Well, we know -- I know that. I know that you're not going to put it out. But if we lose -- Commissioner Carollo: Right. Commissioner Spence -Jones: 'Cause -- to me, we're taking on a litigation and taking a chance, right, of us winning, right? And if we don't win, then we're spending money that we really don't have. Commissioner Suarez: But -- Mr. Chairman, if I may? City ofMiami Page 117 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Chair Sarnoff Go ahead Commissioner Carollo: More budget as well. Commissioner Suarez: I'm fairly certain -- I'm not a hundred percent sure. Again, I haven't looked at the minutes. But I'm pretty sure we had almost this identical conversation where we talked about what if we lose. And I remember saying there's a risk when you go into litigation that you lose. And if you lose, you can -- and if it's frivolous, you can be hit with attorney's fees. If they countersue you for some reason and they're successful -- Commissioner Spence -Jones: Well, I'm not -- Commissioner Suarez: -- there's always -- Commissioner Spence -Jones: -- talking about countersuing necessarily. I mean, I understand that. And you did mention that. Commissioner Suarez: Yeah. Commissioner Spence -Jones: You did talk about that. I'm talking about in the end, can they -- can the company that lost the suit, can they then turn around and bill us for the work they did? That's what I'm talking about. This's a big difference -- Commissioner Suarez: The law firm. Commissioner Spence -Jones: -- we can't control who's going to sue us. Vice Chair Gort: Yeah. Commissioner Spence -Jones: Right? Vice Chair Gort: Anybody can sue us. Commissioner Spence -Jones: Somebody walk out this building can trip and fall; we can't control it. Commissioner Suarez: Right. Commissioner Spence -Jones: They can sue us. But I'm talking about if they -- 'cause clearly, if they lose and that -- meaning -- I'm not talking about people turning around and suing us, and of course we're responsible. I'm talking about they lose, are they going to present us a bill in the end saying, "You owe us $2 million for doing the work"? Ms. Chiaro: I can read the portion of the retainer agreement that addresses that. Commissioner Suarez: That wouldn't be a contingency. Ms. Chiaro: `7f, for any reason, there is no gross recovery in the litigation, the City shall not be obligated to pay outside counsel compensation" -- Commissioner Suarez: Of course not. Ms. Chiaro: -- 'for legal services or to reimburse outside counsel for any costs incurred in connection with the litigation. " City ofMiami Page 118 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Commissioner Suarez: That's not what you call a contingency fee relationship. Chair Sarnoff But her question is different. Commissioner Suarez: No. That's exactly her question. Chair Sarnoff No. Commissioner Suarez: That was exactly the question she just posed. Chair Sarnoff Here's her question. Let me phrase it to you, Commissioner Spence -Jones. Commissioner Spence -Jones: So you're legally representing me right now. Chair Sarnoff I am, and I'm going take that dollar from you in a moment. You understand the relationship between our attorneys. I think you do. The question is -- I'm going to pick a bank, Bank ofAmerica. Let me just try to pick a big bank. In the event we sue Bank ofAmerica and we are unsuccessful, do we owe, Madam City Attorney, one of two issues: One, Bank of America's attorney fees; two, their costs associated with the litigation? That is her question. Commissioner Suarez: That's a different question, but that's a valid question. That's a valid question, but that's not her question, but that's okay. That's a valid question. Commissioner Spence -Jones: But that was a good question. He represented me well. Commissioner Suarez: That is a good question. Commissioner Spence -Jones: Can I get your card after all of this? No, but that's a good question too. That's a great add-on. Ms. Chiaro: Possibly. Commissioner Suarez: Right. And what I'm saying is that's a risk of litigation. That's where we had this discussion, when we said -- Chair Sarnoff Right. Commissioner Suarez: --there's a risk that you can lose --prevailing party loses attorney's fees. What I'm saying is aside from this discussion, which I think we already had, in my humble opinion, and we voted despite that discussion to take the chance and to authorize our City Attorney to look into the possibility of litigation, because at this point we haven't litigated against anyone. Commissioner Spence -Jones: Yes. Commissioner Suarez: And let me remind everyone here, we've already gotten settlement offers, which indicates to me that there's something there. Commissioner Spence -Jones: Right. Commissioner Suarez: Because if they're already offering you millions of dollars to settle a case you haven't even initiated, it doesn't seem to me like you're going to lose the case. It seems to me like someone's saying, "We'd rather not see you go forward, because this doesn't look good for us, " okay? And so I don't -- I'm not even sure why we're even having this discussion, to be City ofMiami Page 119 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 completely honest. Commissioner Spence -Jones: Because I want clarity. That's why. Just like -- Commissioner Suarez: And that's fine. Commissioner Spence -Jones: -- you know -- Commissioner Suarez: No, and -- Commissioner Spence -Jones: -- and -- Commissioner Suarez: -- you're entitled to it. Commissioner Spence -Jones: Right. I'm just -- Commissioner Suarez: You're entitled to it. Commissioner Spence -Jones: I have like eight questions. I just wanted answers on them. I want to be clear on it, and I think that at least I'm getting clarity, and I'm not the only person that's getting clarity; some of us are getting clarity up here. And I think this is a pretty big issue for -- at least for my district I know it is. It's a big issue. Commissioner Suarez: No, it's a huge issue for your district. Commissioner Spence -Jones: Okay. Commissioner Suarez: Yeah. Commissioner Spence -Jones: So the other question I had really fast, so basically we would be liable if the banks turned around and said, "Hey, look, I want you to pay the legal fees"? And that's the risk that you're speaking of that would be apart of it. All right, the other question I had, 'cause from some of any briefings and some of the information that we received regarding -- and now I'm dealing with kind of the issue of, you know, what other cities have done. We were provided in our office information regarding the City of Birmingham about a particular case -- the same similar thing to what we're doing. I wanted find out from the City Attorney's Office exactly what was the finding and what came out of that particular case, 'cause I was told one thing when it was actually another from our briefings. So, for instance, I was told that the courts did agree with the City, but then I'm understanding that based upon the real documents that we received that the City lacked standing, because there were no -- there was no injuries to the City. So what is -- I just want to know for sure. Who has been successful with the -- you know, with these types of cases? Was the city of Birmingham, Alabama, successful or not? Ms. Chiaro: I can give you "not" at this moment, but I can give you the documents with -- Chair Sarnoff Can you do more than that? Why don't you provide to this City Commission a matrix of -- Commissioner Spence -Jones: Yeah. Chair Sarnoff -- every one of the litigations that you're aware of and that's been filed, the outcome of that litigation, inclusive thereof of appeal, inclusive of any language in any appellate decision that you thought would be important for us to read. Commissioner Suarez: Mr. Chairman, ifI may? Yeah, I think -- look, I think it's important. This City ofMiami Page 120 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 is a very technical and specialized area of the law, which is why we hired outside counsel and not -- no offense to the City attorney's Office -- but not -- didn't handle it internally, just like with our SEC (Securities & Exchange Commission) litigation. I don't think it's prudent to exclude, for lack of a better word, not that we're excluding anyone, but I think it would -- let me put it in the positive. I think it's prudent to include our hired outside counsel that has an expertise in this discussion so that they can present their interpretation of whatever -- 'cause I know there's been a lot of back and forth. There was always a lot of back and forth with some representatives of banks that came to see me that were concerned. They would tell me one thing. Then I would go to my outside counsel and they would tell me something different. And I think the City Attorney, who's not here today, had recommended at some point that we stopped communicating with parties directly without our counsel present, and I stopped communicating with the parties without our outside counsel present, because I'm not certainly capable of understanding the issues and I'm an attorney. And, you know, I think it would make more sense that the attorneys communicate one with the other, particularly given the fact that I've heard that there are settlement offers that are already out there. So to me, we go from a situation where, you know, we're worried about losing the lawsuit to a situation where there's money being offered already, which indicates to me that there's merits and indicates to me that there's exposure. You know, that's just my personal perspective on that aspect of things. But I think we should have our outside counsel -- if we're going to discuss this, I think we should have our outside counsel prepare that matrix and be present. Commissioner Spence -Jones: To my understanding, I think outside counsel is coming in next week. I was notified that that would happen. But this is already on the agenda, and I really wanted to have the discussion so I had clarity on it before they even got here. So now we have it out in the open so we can have a real discussion and get real -- Commissioner Suarez: Sure. Commissioner Spence -Jones: -- answers so that when outside -- 'cause we can't talk. This is the only time we can talk -- Commissioner Suarez: Agreed. Commissioner Spence -Jones: -- so we can share information on it so that when outside counsel comes, then we can ask these pertinent questions that are coming up. I only have a few more questions. So in the Birmingham instance -- and l just would like, you know, when we get briefed and get information, you know, that whatever we're being told is actually what happened, because once we got the data and we went through it and -- you know, my chief of staff drilled down on it; we found out, in the midst of it, that the City of Birmingham did not win that particular case. So I just want the right and proper information so that we can make real decisions. The other thing --just a few more and I'm almost done. I had a question around the issue of -- and Commissioner Suarez mentioned it earlier. You know, we may not even get to the point of having a litigation. We may -- we're already -- we already have them, you know, working and reaching out to -- I'm not sure who -- I'm assuming the City Attorney. Commissioner Suarez, who are they reaching out to say that they have settlement offers for, with the City Attorney or with us or who? Commissioner Suarez: I've heard rumors that there is offers of millions of dollars to settle these cases -- Commissioner Spence -Jones: Do you know -- Commissioner Suarez: -- before litigation. Commissioner Spence -Jones: Is that coming from the City Attorney's office? City ofMiami Page 121 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Ms. Chiaro: I have not heard such rumors. Commissioner Suarez: I have. Commissioner Spence -Jones: Okay. So then my question becomes, Are we able to direct the outside counsel to engage in similar settlement? I mean, instead of going -- can we say -- I just want to understand. Can we say to -- as a board, can we say to our attorneys next week that's coming in, can we direct them and say to them, "Hey, we would like for you -- instead of us getting into this whole big litigation" -- right? --, and we know what litigation -- You mentioned SEC, which is really not the greatest one to mention, 'cause now we owe how much? We have to pay -- I don't even want to begin to tell you how much money we have to pay on that. Commissioner Suarez: Yeah, but we're not in that kind of relationship with them. Commissioner Spence -Jones: Huh? Commissioner Suarez: We're not in that kind of relationship with the lawyers. Commissioner Spence -Jones: Oh, I know, but I'm just saying. Just in general, you talked about, you know, having, you know, the knowledge in a certain area. Commissioner Suarez: And it's a difference between being sued and being -- and suing. It's totally different. Commissioner Spence -Jones: I understand I understand. But I guess my question is, Can we direct our counsel to go into issues of discussion around settlement opposed to litigation ? Later... Commissioner Carollo: Mr. Chairman, ifI could chime in? Chair Sarnoff Go ahead Commissioner Carollo: It was my understanding that if there's any talk of settlement that the City Attorney then needs to come to us and discuss that, and that has not happened so I want to know if there is a settlement on the table, because I have not heard of any, and I think that -- and I don't know what all the requirements are, but I believe whenever there's a settlement offered, your attorney needs to go to the client and stipulate that offer, whether they want to or not. So has -- so I want to elaborate in that, because I want to see if there actually has been a settlement offered to us. Ms. Chiaro: You all are correct. If there is a settlement proposed to the attorneys, then they are obligated to convey that settlement -- Commissioner Carollo: Right. Ms. Chiaro: -- no matter what it is, to their client, and that's to the City Commission, and it would come to you either directly or through the City Attorney's Office -- I believe through the City Attorney's Office. We have not received those settlement proposals. Having said that, Commissioner Suarez, that is -- what we're talking about are settlement proposals, attorneys for the possible defendants coming to the attorneys for the potential client, the City ofMiami. Commissioner Carollo: Right. City ofMiami Page 122 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Ms. Chiaro: If, in fact, there are proposals by the principals -- Commissioner Suarez: Right. Ms. Chiaro: -- that are being discussed and have not yet been transmitted in a formal way -- Commissioner Suarez: Correct. Ms. Chiaro: -- to the potential defendants' attorney's, then they would not have yet come to the attorneys. Again -- Commissioner Suarez: And that's what I'm trying to say. What I'm trying to say is a lot of information flowing back and forth, principal to principal, and that's not particularly good, and we've been told by the City Attorney not to engage in that, and I have not engaged in that. So, you know, my concern is there's a formal process. We've engaged a law firm, we've retained a law firm, and if there is a formal settlement, then it should be made by the lawyers to the lawyers, and then inform the Commission so we can make a decision on whether that's an acceptable or unacceptable settlement. Prior to litigation -- I mean, far as I know, we haven't -- and correct me if I'm wrong, Madam City Attorney -- I'm under the understanding that this firm is doing due diligence right now. They're not -- they have not concluded that they are going to sue anyone, as far as I know. Ms. Chiaro: That's correct. We have not yet received any draft of any lawsuit. Commissioner Suarez: Exactly. Ms. Chiaro: So that's the status of the case (UNINTELLIGIBLE). Commissioner Suarez: And due diligence is a significant amount of work because it requires, you know -- from what I've been told it requires a tremendous amount of work to find out if there even is a cause of action. Commissioner Spence -Jones: And let me just say this and then I'm closing out on this issue, but I think it's really important -- First of all, Commissioner Suarez, I want you to know from the D5 perspective in no way am I questioning your thoughts or your actions on this issue. I think, you know, quite frankly -- I'm going to wait till you finish. Okay. Quite frankly, I think that, you know, the fact that you would bring this up as an issue, because you see that, obviously, families and people who have been hurt by what's happening with the issues of mortgages, and apparently, a lot of those cases actually take place in my district, correct; a lot of them? Commissioner Suarez: Yep. Commissioner Spence -Jones: You know, so my district is definitely being affected by it. The whole purpose of these questions was for me to get a greater understanding about what we're doing so that when I leave, I'm not leaving a mess. So I just want it to be very clear on what the steps are. Are we able to engage in having conversations about, you know, the direction of what this firm is doing? And quite frankly, you know, even from the standpoint of --you know, you mentioned it earlier regarding the issue of us not being able to have discussions around this issue 'cause we have legal counsel when we're in litigation. I was told and I was briefed that, Commissioner, you're not in litigation right now, so the only time that you really can get into this discussion is right now before we get to this point. "That's the only reason why I'm asking these questions, so that I can put them on the record now to have it be included in these discussions. That's why we're talking about it. And I do want to say this so we don't, you know, have -- I'm learning to tame my tongue, but -- so we don't have any confusion. You know, in some instances, I want to know who we are truly going to target around these issues, 'cause in my case -- and I'm City ofMiami Page 123 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 going to speak from District 5's standpoint, not mentioning any particular banks -- some of the banks have been good to my district. So I don't want to be in a situation where we're hurting people that have been helping, you know. Andl understand that's a Catch 22. Are they really helping because they have hurt? But I think that it's important for us to have that discussion and have that dialogue, because right now I can tell you -- and I'm not going to get into any names of any particular group 'cause I think that's the wrong thing to do -- but clearly, even from the -- I know the Mayor's office started some initiatives with some of them. I'm actually receiving the benefits of -- you know, my community is receiving the benefits of people trying to do the right thing. Now, some of them I -- some of these banks I have never seen. Every time we've asked for their support, every time we've asked for loans to help low-income families, they've never been here. But I don't want to hurt people that are working hard to help the people in the district that I serve, and even after I leave. So I guess in closing on this issue, I want to make sure that before a lawsuit is actually filed, we have done our due diligence with the people that we're suing as well, because I think that is an unfair practice to sue people that are literally trying to help us and have helped us. I think it's important to have that discussion. So the only thing I would want to say on record, before we officially file a lawsuit, I would like for there to be some sort of due diligence done on those that we are suing to make sure that those relationships that we have established over the years are intact. That's the only comment I had Commissioner Suarez: Mr. Chair? Chair Sarnoff Yeah. Can I say something? Commissioner Suarez: Sure. Chair Sarnoff I'll let you pipe in last. It's your issue. So here's what I think we need to do: One, we need a matrix, Madam City Attorney. That matrix should include every one of these lawsuits that has been attempted countrywide and an outcome of the lawsuit, inclusive of any language that is helpful or hurtful from any appellate court. Two, I want you to look up all conversations that were made on the record by the counsel concerning cost and attorneys fees, whether it was their cost, their attorneys' fees or the cost of potential defendants' attorneys' fees or costs associated therewith. Then I want you to breakout a column as to what our fee retainer agreement says to see that they're compatible to what they said they were going to do. Third, I think we should all understand that the client -- and this is what he is saying -- is not the individual Commissioners, but the Commission -- Commissioner Carollo: Exactly. Chair Sarnoff So that none of us have the ability to waive this, and we have to act as a juridic body if we want to have -- we have the right to say Engage in settlement'fight now, but we have to do that collectively. Commissioner Spence -Jones: Yes. Chair Sarnoff I mean, we have to do it as a Commission, 'hot as a Commissioner. " Commissioner Suarez: Of course. Chair Sarnoff Right. Commissioner Carollo: And just to be clear, what you're saying is before we -- 'cause they're doing their due diligence, but it's my understanding that they have still not filed a lawsuit. Commissioner Spence -Jones: Not yet. City ofMiami Page 124 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Chair Sarnoff Correct. Commissioner Carollo: Okay. So what you're saying is that before a lawsuit is filed, that due diligent [sic] is actually done; that those three items -- and I'll go a step further. It was my understanding -- and I think this is why Commissioner Spence -Jones handed this out -- that it was stipulated -- and I haven't read the minutes -- but it was stipulated that the -- I forgot what state it was; they actually won the case, and it appears like that was not the case. So I think that should be part of the due diligence, if there was any -- and I'm not saying there was any malice behind it, but was there any misrepresentation when, you know, it came before us, because, obviously, my decision was based on what I was told Commissioner Spence -Jones: Andl want to be -- thankyou. Andl just want to be clear. I'm not even saying we don't sue them. I don't -- Commissioner Carollo: Right. Commissioner Spence -Jones: -- we sue the banks. I'm simply saying that --just as you mentioned the three things, I want to add the four. I think that we need to look at -- whoever the four or five banks that we're going to sue, I would like to know what relationship the City has had to our residents, to our constituents, to the City itself, because if we see that we have great partners that have been working with us to serve not just my district, but serve the entire City, I think that there needs -- those particular partners need to be viewed from a different perspective. So I would like to know -- add number four to that -- and I don't want to call it a matrix, but we can call it a matrix -- a matrix on the banks that we are targeting to sue, what has been our relationship and partnership with those banks, because I think that's important. You can't look at it as an isolated issue. You have to look at it from a whole --from a holistic standpoint, and that's my only comment. And I'm really dead -- I'm dead on the issue right now, but I -- and I want Commissioner Suarez to know that I'm not -- by all means, I'm the first one -- and I'm hoping that if a lot of the money comes back into the district -- no? Commissioner Suarez: No, no. Yeah, I hope so, too. Commissioner Spence -Jones: Okay. So this -- Commissioner Suarez: Back to the city. Commissioner Spence -Jones: I'm assuming that part of this is whatever comes from the lawsuit, since the districts that had been affected by it the most, those resources would be put back into those districts -- I'm seeing Carollo's eyebrows go up. Commissioner Carollo: Because I know what you're doing. Commissioner Spence -Jones: Correct? 'Cause that was another thing that was communicated to me. Commissioner Suarez: Well, let me -- Commissioner Spence -Jones: Let me be clear. Commissioner Suarez: -- let me -- Commissioner Spence -Jones: Commissioner, whatever comes out of the lawsuit -- Commissioner Suarez: This is the way it -- City ofMiami Page 125 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Commissioner Spence -Jones: -- the district that was affected the most, those resources would be put back into those districts. And ifI'm not mistaken, that's really Allapattah, your district and -- Vice - Vce Chair Gort: Quite a bit. Commissioner Suarez: Look, the way -- we're way putting the cart before the horse here. But let me just say a couple things. Let me say three things, andl'm going to try to govern my tongue, too. Let me say three things. The first is you're right that the City is --my understanding is the lawyers are engaging right now in that due diligence process to find out if there's a lawsuit; secondly, who would be the responsible party. So I don't even know if it's 4, 40, 5, 3, 2, 1, 0. I think banks that have been helping in the community are doing what's in their best interest. They're mitigating -- what they call in the law, mitigating the damages. In other words, they are trying to undo what has been done, and I commend them for that. I think that's wise. I think that's smart. You know, you -- I'm -- wait, 'cause I was listening very intently to you, okay? So what I'm saying is that you're absolutely right, that whatever banks are doing now to help the community, all communities affected, is very important. They're -- if they are doing that, they're engaging in what's called lhitigation of the damages. "In other words, if there's been damages, they are trying to prevent some sort of a major lawsuit where they would be extremely exposed, and I think that is a big factor in who we sue, how much we sue, how much we ask for, et cetera. In terms of a settlement, that's really up to us to decide how we want to divvy up the money, if there's money; how we want to --you know, if there's benefits instead of money, what -- however it is. I mean, that's really up to us. It could be significant. It could be something that we say, Took, we -- this affected our property values significantly, which means that it's affected our tax revenue, and we have to shore up our reserves, which right now are $40 million under reserve, so we want to put the money in our reserves. "We could say, you know, No, we want to create micro -loan '=- I mean, we could do whatever we want, you know what I mean, with that, you know. But I just want to finish by saying that, you know, there's been passed around a case, which is the Birmingham case, and it was kind of passed around, like, oh, my God, this happened, and we didn't know about this, and really, that's not the case. The Birmingham case was in August 19 of 2009. Subsequent to the Birmingham case, in Baltimore, which was January 6, 2010; and Baltimore, onApril 22, 2011; and Memphis, on May 4, 2011, the courts have distinguished Birmingham and have said that, In the City of Birmingham, the plaintiff sought sweeping damages but presented only general and conclusory allegations of harm. In contrast, the City's third amended complaint seeks only narrow damages and makes specific allegations of discrimination based on direct and statistical evidence. Given these obvious differences, the dismissals in the City of Birmingham and Tingley are of little, if any, persuasive value in this case. "And in that case, the court denied the bank's motion to dismiss and allowed the case to go forward. Similarly, in Memphis, the same thing happened. So it's about how you plead the case and what kind of evidence you are using to support your claim, which is precisely why they're doing an extensive amount of due diligence. So I don't want to do their job for them. You know, they can come here and they can explain it to you. We hired them. They're experts. I'm not an expert. Butl just want you to know that the Birmingham case is not the dispositive case. There's been cases that have come after Birmingham that have distinguished Birmingham and basically said that Birmingham doesn't control; that it depends on how you plead the case. So we would not -- I would not have brought this to the City Commission had I not thought it was meritorious. You know, we had extensive presentation. The City Attorney vetted -- all attorneys -- by the way, there was -- my understanding, this was not the only firm that, at one point or another, had kind Of come forward with the possibility of representing the City in these kinds of causes of action, and they vetted them, and they're the ones that made the recommendation to hire the firm, and we obviously voted unanimously to do that. And we did talk on the record -- I'm looking at some of the minutes -- about the cost benefit of suing them. I haven't read it very carefully, but I'll read it more carefully. Commissioner Spence -Jones: I just have two points. And thankyou for the clarity on that. Again, when we got the briefing, it was communicated one thing, and then again, we got City ofMiami Page 126 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 information stating something different, but it's okay. I just wanted to be clear on gettlement" versus lawsuit. "To my understanding, the lawsuit means the City gets --financially benefits from it. But the settlement goes to the residents? That's kind of -- Commissioner Suarez: No. Commissioner Spence -Jones: Explain that to me. Commissioner Suarez: A settlement is an agreement between the parties to resolve a dispute. Commissioner Spence -Jones: Right. Commissioner Suarez: That can be before litigation; that can be after litigation. Commissioner Spence -Jones: Right. Commissioner Suarez: And the terms of the settlement are based on the negotiation of the parties. In other words, they can offer X 'and we, as a Commission, can come back and say, We don't want X, -'we want -- Commissioner Spence -Jones: I understand -- Commissioner Suarez: -- X' plus 1. " Commissioner Spence -Jones: -- I clearly understand what gettlement'ineant, but I'm saying the funds received from whatever comes out of the settlement, does those funds go -- at that point, do they go back into the -- they go to the City, both of them? Chair Sarnoff 'Cause you're not suing on behalf of the resident. You're not suing as a class action. Commissioner Suarez: Well -- Chair Sarnoff You're suing -- No. You're suing on behalf of the damages incurred by the City of Miami. You're not suing for the damage, the resident. Commissioner Suarez: Agreed, but you can make the settlement however you want to make the settlement. In other words -- Chair Sarnoff You can divvy it up subsequently -- Commissioner Suarez: No, but you can -- Chair Sarnoff -- however you wish as a Commission. Commissioner Suarez: You can also, for example, say -- let's say reverse red -lining is discriminatory lending. You can say the settlement is you're not --you're going to lend $100 million to a certain area of the -- so that's a direct benefit to the residents that doesn't come through the City ofMiami. I'm just saying that's one possible settlement. It's not -- Vice - Vce Chair Gort: Some of the -- Commissioner Suarez: -- necessarily what we would agree to or not agree to. Vice Chair Gort: -- cities, what they've done, they've taken that money and they've bought City ofMiami Page 127 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 property that's been in foreclosure. Commissioner Suarez: Of course. Vice Chair Gott: They had it repaired and they sold it back to the neighborhood, and they give an opportunity for the people that live in those neighborhoods to buy those homes. Chair Sarnoff That's what Baltimore did. Commissioner Suarez: Or you can make parks. I mean, you could say -- Vice - Vce Chair Gott: Baltimore did that and that is taking place right now. Commissioner Suarez: Absolutely. Vice Chair Gott: And we're trying to talk to Pat (UNINTELLIGIBLE) 50 to see if the State, with the funds they received, they could start doing that. Commissioner Suarez: Fine, that's great. Commissioner Spence -Jones: AndMr. Chairman, just -- can you just confirm the four things in the matrix -- the four matrix [sic], so I'm clear again -- Chair Sarnoff Sure. I think -- Commissioner Spence -Jones: -- what we're going to have from this? Chair Sarnoff -- the matrix should contain all litigations nationally that have been to date and what the outcomes are, and it could be the Birmingham case; it could be the Baltimore case, but I think we need to know what has been said I think if there is an appellate decision, I'd like to see any language from an appeals board that would be probably, as we would say, persuasive to the Eleventh Circuit. I think there should also be in the second column again what was said on the record and what does the retainer letter say with regard to costs, attorneys' fees, not just for our attorney that we have retained, but in the event -- and l'm just going to use Bank ofAmerica. It's a big bank and whatever. Let's say Bank ofAmerica prevails against us. Do we owe them their attorneys fees? Do we owe them their cost? That's the 54-B motion, the federal court costs. I said the client is the Commission. I think we understand that. And the last thing close with, Commissioner Spence -Jones, we had a pretty robust conversation, 'cause I remember Carollo and kind of having it, too, as to who we did want to sue or not sue, and it was very clear at that time three Commissioners did not want to have any involvement with determining what banks did or did not get sued -- Commissioner Suarez: I agree with that Chair Sarnoff because candidly, I was very concerned of our banking relationship, but again, three other Commissioners were not that concerned, and think Commissioner Carollo was concerned So I think that was resolved to some degree at that -- Commissioner Spence -Jones: Yeah, but I still would like Chair Sarnoff --debate. Commissioner Spence -Jones: -- to see out of the four or five banks who -- the banks that we're targeting or they're targeting, I would like to understand what those relationships are. I think that's extremely important. I think if you're going to make a decision about who you're going to City ofMiami Page 128 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 sue, it needs to be based upon the relationship that you had with the individuals. I think that's extremely important. Commissioner Carollo: And ifI may, Mr. Chair? Commissioner Spence -Jones: I don't want to put everybody all in the same -- Vice - Vce Chair Gort: Also the year it (UNINTELLIGIBLE) -- Commissioner Carollo: It appears what Commissioner Spence -Jones is saying is what we -- Vice - Vce Chair Gort: -- the relationship again. Commissioner Spence -Jones: Yeah. Commissioner Carollo: -- you were talking about. Vice Chair Gort: The year that it began. Commissioner Spence -Jones: Yes. Commissioner Carollo: What we're -- Chair Sarnoff (UNINTELLIGIBLE) the conversation that was had. All right, so you'll get that to us, Madam City Attorney? Ms. Chiaro: Yes. You kept saying when you were giving those directions, T want this and I want that. "I assume that it is a direction from the City Commission to include all of the comments in that what you wish to have in some sort of matrix or other form that is easily digestible. Vice Chair Gort: Right. Chair Sarnoff I just think sometimes, there's an opportunity for two columns: This is what was said on the record and this is what the retainer says. I think sometimes it's very understandable and digestible. Wherever that can happen, I think that's what they want. I think the City Manager should get a copy of that andl think the Mayor should get a copy of that. Ms. Chiaro: As always. Commissioner Carollo: AndMr. Chairman, this should be done prior to legal action. Chair Sarnoff I think it should be done by the next Commission meeting. We should have it five days before the next Commission meeting. There's no reason this couldn't get done very quickly. Ms. Chiaro: I am told that -- Commissioner Spence -Jones: We're (UNINTELLIGIBLE) get that. Ms. Chiaro: -- the your attorneys are intending to be here next week and attempting to meet with each of you individually, so this information that the Commission is requesting will be transmitted to them, and the City Attorney's Office will work in conjunction with the retained outside counsel to provide you that information so that your discussions with those attorneys are fruitful and that you are fully informed. Commissioner Carollo: And ifI may, Mr. Chairman? City ofMiami Page 129 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Chair Sarnoff Yeah, you're recognized. Commissioner Carollo: Instead of -- and I don't know how my colleagues feel, but can they just address the Commission instead of each individual Commissioner? That -- Chair Sarnoff I actually think understand (UNINTELLIGIBLE). I think it's actually more advantageous to have an individual conversation per Commissioner. Commissioner Suarez: Of course. Chair Sarnoff There's certain things -- Commissioner Suarez: There may be attorney-client privilege. Chair Sarnoff --you just can't say on the record. Commissioner Suarez: No, and there may be attorney-client privileged information, absolutely. Chair Sarnoff I think it's just -- Commissioner Spence -Jones: Or were you trying to call for an executive --? Is that what you were trying --? Chair Sarnoff No, I don't -- Vice -Vce Chair Gort: No. Commissioner Spence -Jones: I don't know what he was trying -- I'm just asking what he's asking. Chair Sarnoff He wanted -- I think he want them to come to the Commission, right? Commissioner Carollo: I thought it'd be better if -- because I'm also looking at -- I don't know if we're going to obtain that information prior to meeting with them. Ms. Chiaro: The direction will go today if they want to meet with you and they want to have discussions with you that yield what you want from them, the information will be given to you. If after you have the opportunity to meet with them, you wish to place it on your next agenda, there is time to do that. Commissioner Suarez: I don't think they're -- Vice - Vce Chair Gort: You can do that also. Commissioner Suarez: -- going to sueany time soon, in my -- Commissioner Carollo: So they're the ones who's going to provide this information? Chair Sarnoff I think this should be our City -- I think it should be our City Attorney. Commissioner Carollo: Right. That's what -- Chair Sarnoff Right. City ofMiami Page 130 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Commissioner Carollo: -- that's -- that was my understanding. Chair Sarnoff Yeah. Commissioner Carollo: And I -- what I was trying to ascertain that, are we going to have this information from our City Attorney's Office prior to meeting with them? Ms. Chiaro: Yes. Commissioner Carollo: That's why I'm thinking that -- Ms. Chiaro: Yes. Vice Chair Gort: Yes. Chair Sarnoff And candidly, Commissioner, this is a six -hour, at most, memorandum. It's Lexis or it's Westlaw, and it's -- you know, it's two hours on Westlaw or Lexis and then you just dictate into a mike. This is not long stuff. Ms. Chiaro: Depends on your billing rate. The more Chair Sarnoff I'd be (UNINTELLIGIBLE) glad -- Ms. Chiaro: -- experienced you are, the quicker you can get it. Chair Sarnoff -- $200 an hour and I will not charge more than six hours. Yeah, this is not long stuff. Ms. Chiaro: I'll have Danny do it then. Chair Sarnoff Danny could probably do it -- probably faster than me -- in four hours. Ms. Chiaro: We'll provide you with proper information before you have the discussions. Chair Sarnoff All right, everybody okay with that? Commissioner Suarez: Yep. Commissioner Carollo: Yes. Vice Chair Gort: Yes. Chair Sarnoff All right. DI.7 DISCUSSION ITEM 13-00939 DepartinentOf QUARTERLY UPDATE OF NON -REIMBURSABLE GRANT Finance EXPENDITURES FOR 3RD QUARTER ENDING JUNE 30, 2013. 13-00939 Summary Form.pdf 13-00939 Memo - Non -Reimbursable Expenses.pdf DISCUSSED Note for the Record: Please see Item DT 5 for minutes referencing Item DT 7 City ofMiami Page 131 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 END OF DISCUSSION ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 VICE CHAIR WIFREDO (WILLY) GORT D1.1 DISCUSSION ITEM 13-00963 ELECTRIC CAR CHARGING STATION AT CITY HALL. 13-00963 Email - Electric Car Charging Station.pdf I1] F10111*14 Chair Sarnoff All right, folks, start getting yourselves together. Okay, we're going to go through the district discussion items. Right now the Chair recognizes for DL 1, electric car charging at City Hall by Commissioner Gort. Vice Chair Gort: Yes. I don't know if you guys are aware of the -- there was a spill out there at the electric car charging station, and this was done with a grant that we received from the federal government. My understanding is that this type of place where you can charge, you can use the credit card so you can pay for the charging. My understanding is ours is going to be free at -- andl think it should not be free. I think it --especially ifyou have people that don't -- they're not residents within the City ofMiami, to come out and use it. I think the City vehicles should go ahead and use it all the time, but I would like to see it -- something done about that one. Chair Sarnoff Mr. Manager. Daniel J. Alfonso (Acting City Manager): Yes, sir. Chair Sarnoff Can somebody address Commissioner Gort? Ricardo Falero: I apologize. Rick Falero, director of GSA (General Services Administration). What was the question? Vice Chair Gort: The electric car charging station that we set up out here in the back; not only that, a lot of the changes that have taken place in here, like the -- and you're not responsible for it. We know that. I mean, I don't think we were notified of all the changes that were going to take in our office, but one of the things I'd like to see is anything that's going to be done in here, for us to be advised. And second of all, this -- my understanding is this discussion of the electric car charging is going to be free. People don't have to pay. My understanding is the -- there's a mechanism where people can use a credit card so they can be charged for it. Mr. Falero: That's correct. The mechanism, the way it works is people who have electric cars, which is becoming a little bit more popular as we go on -- Miami Beach has quite a few of them, City ofMiami Page 132 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 the stations. They belong to a club and that way, they know where charging stations throughout the nation are. Vice Chair Gort: Right. Mr. Falero: They are issued a card. It is up to the City, or whoever the vendor is, whether they want to charge for it or not. Most everyone has it. It's not -- it's free of charge. The amount of usage depends, you know, how much it's going to cost, but it's a minimal amount. Normally -- Chair Sarnoff Dr. Barnes, can you get some water out there? Mr. Falero: Yeah, normally, a four- to five-hour charge represents about a dollar use. So we're looking at somewhere in the neighborhood of maybe $30, $35 a month of electricity is the cost to us if they were to be used on a daily basis for five or six hours. Vice Chair Gort: Okay, thank you. Chair Sarnoff And -- Vice - Vce Chair Gort: I guess it's not that much of an expense. D1.2 DISCUSSION ITEM 13-00964 HISTORIC PRESERVATION AND WHO CAN BE PERMITTED TO INITIATE THE PROCESS. 13-00964 Initiation of Historic Preservation Process.pdf I1] F10111*14 f Chair Sarnoff You want to go to number 2, the Historic Preservation? Commissioner Spence -Jones: Are you doing 2? Chair Sarnoff Do you want to waive that or --? Vice Chair Gort: That one -- my understanding is I was going to request and the City -- I understand the Planning Department is working on it where, I think, if anybody wants to have their property designated historic, it should be by the owner, because anyone could come -- what we had in the past, anyone can come and try to get some -- although they don't own the property, they try to get them to be designated as a historic and it's detrimental to the owner of the property. I don't know if they want it or not. Commissioner Suarez: Can I chime in on that, Mr. Chair? Chair Sarnoff You're recognized. Commissioner Suarez: Yeah, I know I -- listen, I think -- I'm glad Commissioner Gort brought this issue up, 'cause this is an issue that -- the last time we had a historic designation, and the last few times, it's been by third parties that are not necessarily -- really -- have really any sort of direct connection with the property, per se, but I think the Planning director andl talked about that every same thing, and he had mentioned the City also being potentially an applicant, because if the City feels -- you know, I think the idea is that we feel collectively -- as a collective body that a property should be restored because it has historic values or meets the historic criteria, then maybe the City, as well as the property owner, should be the party that can designate. But I don't want to put words in your mouth, Mr. Planning Director. City ofMiami Page 133 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Francisco Garcia: Francisco Garcia, Planning & Zoning director. The concern is certainly noted. We have been working for some time on an ordinance that will amend the relevant section of the City Code to bring it better into alignment with the standard practices of most other municipalities which, I think, are certainly more advisable. We expect to have legislation before you in the next cycle, so next month you will be seeing that, and, of course, we will brief each of you and refine the draft prior to moving forward. Chair Sarnoff I'm sorry, when will this come to us? Mr. Garcia: We expect next month to have a draft ready to be undertaken by you under review. Prior to actually bringing it or finalizing the draft, we would like to meet with each of you to ensure that it complies with your preferences. Chair Sarnoff Okay. I -- to make it sublimely ridiculous -- 'cause sometimes it's just fun -- Fidel Castro or Putin or Adolf Hitler, to take the bad people we can find in the world, would have the same right to come into the City ofMiami, literally just fill out a form and say, "This is historic. " And that's, I think, what's upsetting to us, that there's no standing, there's no -- Mr. Garcia: I absolutely agree. I will say -- I'll mention just in passing that it is not extraordinary for municipalities to have that provision that allows third parties, with little or no standing, to be able to file for that application, but it's certainly not the preponderance of the municipalities that have that, and we think that this municipality is better suited by having a more restrictive ordinance, and we'll present you one. Chair Sarnoff And my concern with having that provision is that the simple filing of that letter or that designation request stops everything. Mr. Garcia: Correct. Agreed. Chair Sarnoff So there's no due process until due process occurs. Mr. Garcia: It puts the burden on the property owner as opposed to on the applicant, yes. Chair Sarnoff Okay, thank you. Mr. Garcia: Thankyou. D1.3 DISCUSSION ITEM 13-00965 SOLAR PANELS AT CITY HALL. 13-00965 Email - Solar Panels.pdf DISCUSSED Chair Sarnoff DI2. You're recognized. Vice Chair Gort: DI 2 is the -- I understand -- I've been watching -- the solar panel who's [sic] out there. It was built also with the grant funds; that it's not in use. Chair Sarnoff I'm sorry, Commissioner, I didn't understand that. Vice Chair Gort: The solar panel. Chair Sarnoff Oh, the solar panel. Oh, D1.3, okay. City ofMiami Page 134 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Vice Chair Gort: Um-hmm. Later... V ce Chair Gort: The next -- andl'm sorry, I had it changed in my page --the solar panel at the City Hall that was built with the cost of $250, 000, it was a grant that we received. The system has not been working since it was established, and it sits right outside there. I don't think we utilize it, and I think we should take advantage of the funds that we get and really use it. Ricardo Falero: Rick Falero, director of GSA (General Services Administration). This was approved in 2008 on March 13. It was totally funded by a company called Equimedia to the City. The cost of the paneling was $100, 000, and it included another $40, 000 for retrofits of lights in City Hall. The system does operate and it works, but it's not very efficient, but it is -- Vice - Vce Chair Gort: My understanding was it was disconnected and it's not working. Mr. Falero: No, it's not disconnected It works. Vice Chair Gort: It works. Mr. Falero: We had it fixed a couple years ago. It had a minor issue. It's been working since then. Apparently, when they had some power outage or something happened not too long ago, two of the fuses went, and when we were advised, we came and we ordered them and we fixed them. As a matter of fact, Wednesday, the parts came in, and we fixed the two fuses, and it is operative. It works. Vice Chair Gort: Okay, glad to hear that. Mr. Falero: All right. Vice Chair Gort: Thank you. You took care of that. D1.4 DISCUSSION ITEM 13-00971 CERTIFICATE OF USE EXTENSION OF AMNESTY. 13-00971 Certification of Use - Extension of Amnesty. pdf DISCUSSED Vice Chair Gort: The next item is the amnesty program. If you all remember, we had an amnesty extension program that is going to sunset, but unfortunate, people were not aware of it. I still have people coming to me, and they don't realize that we have this program. I think asked the City Attorney to please provide us with the resolution so we can bring back in next Commission meeting, and I think we should extend it again. Francisco Garcia: We have been working -- I'm sorry. Francisco Garcia, Planning & Zoning director again. We have been working on that as well, both on the D1.4 discussion item and I anticipate you will bring up next, I imagine, D1.5, and both of those programs have served us well. Not many individuals, not many property owners have taken advantage of them, perhaps through lack of knowledge, but there certainty is -- now that development activity is increasing once again in the City ofMiami, there is a significant amount of demand, and we'll be bringing legislation before you soon to that effect, as well. Once again, we expect that to be in the month of October. City ofMiami Page 135 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 V ce Chair Gort: But I want to make sure we get --we publicize this so people are aware of it, and there's a lot of people that are in noncompliance, and they understand it, they might bring them into compliance. Mr. Garcia: Yes, sir. Vice Chair Gort: And I think this where we have to work with Code Enforcement and everyone. Mr. Garcia: We shall do. Vice Chair Gort: Thank you. D1.5 DISCUSSION ITEM 13-00972 EXTENDING THE PERIOD OF TIME THATA CERTIFICATE OF USE CAN BE REACTIVATED UNDER PRIOR USE. 13-00972 Reactivation - Certification of Use.pdf DISCUSSED (D1.5) RESOLUTION 13-00972a District - A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING THE TIME Commissioner FOR THE NONCONFORMING USE PILOT PROGRAM RELATED TO LAPSED Wifredo (Willy) Gort CERTIFICATES OF USE TO AUGUST 1, 2015. 13 -00972a -Legislation. pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez R-13-0343 Vice Chair Gort: And the last one is, if you also recall, because of the economy problems that we had in the past, a lot of the businesses, they have certain use, and certificate of use were closed because of the reason of the economy, the way it was. A lot of those people want to come back. Now they have the ability to go ahead and to rent the property once again, so I'd like to see the -- there's a resolution I'm passing around to have the process -- expand the process, because it's supposed to be sunset by now, but I'd like to extend it a little bit more, because right now, we're going through a process where a lot of the businesses are beginning to rent their spaces and they need to use the certificate of use. Francisco, can you go into it? Can you explain it? Francisco Garcia (Director/Planning and Zoning): Yes. Once again, I think can simply incorporate the comments made for the previous item. Again, it is a process that has served us well. We haven't seen much movement in terms of requests for this process, perhaps due to the fact that simply development activity has been slow, but it certainly -- now it is picking up to a level where there's a significant amount of interest in this. What we do is typically interact with the applicant and ensure that to the extent feasible, the use is brought further into alignment with the new regulations under Miami 21. I was going to say nine times out of ten, but I think actually ten times out of ten, the applicants are very willing to work with us, and we've received City ofMiami Page 136 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 great success. Vice Chair Gort: So it's a resolution. I would like to have it -- I would like to move it. You all have it in front of you. Chair Sarnoff I'm sorry, you want a vote -- Vice - Vce Chair Gort: I was not do it as well as you, but I'll read it. A resolution of the Miami City Commission extending the time for nonconforming use pilot program related to lapsed certificate Of use to August 1, 2015. Chair Sarnoff Oh, right. What are we looking at; this one? Unidentified Speaker: Yeah. Vice Chair Gort: And the people will have to pay a penalty and bring it up -- make all the payments and bring it up to whatever years they were back. Chair Sarnoff Commissioner, wasn't -- this was the use, the extension -- you -- Let me talk to you, Francisco. Mr. Garcia: Sure. Chair Sarnoff Before we made any amendment legislatively, whether by resolution or by ordinance, the City interpreted the end of a certificate of use as six months after the last use of that particular building. Mr. Garcia: That is correct. Chair Sarnoff We extended it to 18 months? Mr. Garcia: That is correct. Chair Sarnoff And now you want to extend it to how long? Or what is this -- how long is this extension? Vice Chair Gort: August 1, 2015. And the reason we want to extend it, people were not aware of it and didn't know how to apply it. Once again, we do have those resolutions and people are not aware. We don't do the right publicity or the marketing for it. Mr. Garcia: All right. And so to address Commissioner Sarnoff's question, as I understand it anyway, the process remains the same. The availability of the process is what's being extended. Chair Sarnoff And I want to be -- I want to -- I want you to know why I'm sort of debating you on this. Mr. Garcia: Sure. Chair Sarnoff This was an issue for the Home Depot as to how long -- no, no, no, I'm just telling you my recollection of it. Vice Chair Gort: Gotcha, yeah. Chair Sarnoff And this is -- I remember Lourdes Slazyk was the one that educated me on this, and there was a -- an argument was made that the use of that particular facility had not ended. City ofMiami Page 137 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 And philosophically, I don't know where this goes. I remember we extended it for 18 months. Vice Chair Gort: Right. Chair Sarnoff Andl was like, well, I sort of understand it. Andl like to -- pretty much, I never find anything you do to be outrageous, so I want to understand it -- Vice -Vce Chair Gort: Okay. Chair Sarnoff -- and -- Vice - Vce Chair Gort: The reason I'm -- okay. Chair Sarnoff I just want to -- are you recommending this? Mr. Garcia: We think it has worked very well. I will say again what I said previously, which is typically, when we are approached with one of these requests, we work with the applicant for the request. They understand that there are a new set of rules that are brought forth by the new zoning ordinance, and we typically are able to work with them to ensure that they come further into compliance within ordinances. They're very willing to do so. Chair Sarnoff So you are personally supporting this? Mr. Garcia: I certainly have no objections to it, yes. Chair Sarnoff Okay. Vice Chair Gort: And the reason I'm bringing it up is we have a lot of the businesses in my area that were closed because of the economic impact that was created in my area, so a lot of people are coming back right now, and they want to go into business, and they find it -- kind of trouble to try to get the same use. Chair Sarnoff You know, that's -- V ce Chair Gort: That's a different point of view from yours. Chair Sarnoff And that's the piece I needed to -- Vice - Vce Chair Gort: Right. Chair Sarnoff Well, it's a point of view. There's no two ways about that. And the piece I wanted to hear, 'cause I know we're not going to have funding to start getting out an information drive, et cetera, et cetera, but you're saying just by the fact the economy has healed well enough, there is now going to be this viable community out there that wants to go into these places, and that's the delta. I wanted to hear the difference. Vice Chair Gort: Okay. Chair Sarnoff Okay. So we have a motion by Commissioner Gort. Commissioner Spence -Jones: Second Chair Sarnoff Second by Commissioner Spence -Jones. Any further discussion? All in favor, please say aye. " City ofMiami Page 138 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 The Commission (Collectively): Aye. Vice Chair Gort: Thank you. That's it for me. END OF DISTRICT 1 DISTRICT 2 CHAIR MARC DAVID SARNOFF D2.1 DISCUSSION ITEM 13-00651 STATUS OF PARKS EMPLOYEES, PARK RANGERS, AND POLICE AT MARGARET PACE PARK. 13-00651 Status - Margaret Pace Park. pdf I1] F10111*14 f Chair Sarnoff I do have a pocket item. Vice Chair Gort: Park ranger. Chair Sarnoff What's that? Vice Chair Gort: Park ranger. Chair Sarnoff Not park --I did the park rangers. Oh, yeah, park rangers. Where's my park rangers? Mr. Pascual, how are you? Juan Pascual: Juan Pascual, Parks director. How are you, sir? Chair Sarnoff Smile. Mr. Pascual: Smiling. I'm on camera, Candid Camera. Chair Sarnoff There you go. How are we doing on park rangers, and can you explain it to me for Margaret Pace Park since there has been some issues out there? Mr. Pascual: Well, we have one park ranger that's dedicated 40 hours a week to Margaret Pace Park. Chair Sarnoff And any issues with him going there, being there? Mr. Pascual: Other than possibly when he's on vacation. We had 25 park rangers when we initiated We're down to 22. One is on military leave, and we've also acquired responsibilities for supervision of overnight, some of our facilities, because of vandalism, so we are pretty thin on the park ranger side, but we do have 40 hours dedicated to Margaret Pace Park. Chair Sarnoff Is that park ranger indirect contact with the City ofMiami Police Department? Mr. Pascual: They are issued radios that have direct contact with the dispatch, yes, sir. Chair Sarnoff Okay. And, Chief, do you know, is there any patrol that goes by Margaret Pace City ofMiami Page 139 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 regularly? Manuel Orosa (Chief of Police): The assigned officer is supposed to check all City parks in their area, so, yes, they should be going regularly by Margaret Pace Park. Chair Sarnoff And the Omni CRA (Community Redevelopment Agency), Chief, pays $350, 000 a year for enhanced police services? Chief Orosa: Correct. Chair Sarnoff So would those enhanced police services include ensuring the safety of that park? Chief Orosa: That money is intended to do crime efforts in the entire CRA area where the money is coming -from, which does include the park. Chair Sarnoff Would that -- see, I want to make sure that that effort includes not just finding the criminal, but maybe a little bit of deterrence. Chief Orosa: Yes, it can include it and yes, it will be included, as well. Chair Sarnoff Okay. I don't want to have to bring this back up because of issues with regard to Margaret Pace. It's a tough place to police that park, especially with Pottinger in place; it's not easy, and it's not easy for a park ranger to have to deal with a number of the people sleeping on the side by the water. Chief Orosa: And one of the things we do is we make sure that we give some type of -- we keep an eye on the park because of the park ranger. That park ranger used to work in the police department and he's friends with many police officers, so they go by and make sure he's okay, usually from time to time. Chair Sarnoff Okay. This obviously, Mr. Pascual, came up to me about five, six months ago. It may have already been resolved, but Margaret Pace Park is a CRA park, and l just hope that the enhanced police services, together with the City ofMiami, are doing everything they can do to keep that -- I think it's one of the prettiest parks in the system. Mr. Pascual: Yes, sir, and they have been cooperating from day one with us, so we have a great relationship with the commander in the area and the officers in the area. Chair Sarnoff.- Okay. Thankyou. Mr. Pascual: Thankyou, sir. D2.2 DISCUSSION ITEM 13-01013 STATUS OF HIRING POLICE OFFICERS. 13-01013 Status - Hiring Police Officers.pdf DISCUSSED Chair Sarnoff Okay. I have two quick items, Mr. Manager, and it was an old issue, but I still don't think have an absolute answer on it. It was the status of park employees, park rangers, and police at Margaret Pace Park. Daniel J. Alfonso (Acting City Manager): Okay, Commissioner, the Parks director will come up City ofMiami Page 140 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 in a minute. Can -- Would you like to take the -- Chair Sarnoff Do you want to take the second first? Mr. Alfonso: -- second one first since the -- Chair Sarnoff Status of hiring police officers. Armando Aguilar: Good afternoon. Armando Aguilar, executive assistant to the Chief ofPolice. Mr. Chairman, Commissioners, since the last Commission meeting, we've hired 25 police Officers. We are about to exhaust the non -certified police officer list. We're still working over 300 certified candidates. With the 25 new hires, that puts us at about 24 vacancies. Of course, we expect to lose more for the year, but we're currently around -- Chair Sarnoff So being that we have allocated 1,144, and the last time I conversationally heard you say anything, I think you were at 1,101 or 1,100? Mr. Aguilar: I don't remember what the last number was. We have a few positions that -- I'd say about 10 that are not funded at 100 percent, but I believe will be soon, so that could push us to about 35 vacancies; 35 out of the 1,144. Chair Sarnoff So I'm just reducing 35 off of 1,144 Mr. Aguilar: Yes, sir. Chair Sarnoff I'm at 109? Mr. Aguilar: At 1,109, yes sir. Chair Sarnoff So there are 1,109 officers in the City ofMiami. Mr. Aguilar: Yes, sir. Chair Sarnoff But the 25 officers, I suspect, they're probably under FTO, field training officers? Mr. Aguilar: Some of them are still in the police academy. We have 7 of them that were certified Officers out of those 25. Chair Sarnoff So of the 25, 7 certifieds that are out there on their own? Mr. Aguilar: Seven certifieds that are doing their in-house training and that'll be out there in the very near future. Chair Sarnoff So let me -- let's go to the 18. The 18 just started the academy, or where are they in the academy? Mr. Aguilar: They are starting on September 24. Chair Sarnoff So on September 24, they're starting our police academy? Mr. Aguilar: Yes, sir. Chair Sarnoff And they will be done on what date? Mr. Aguilar: Six months from that date, so the beginning of 2014. City ofMiami Page 141 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Commissioner Suarez: Can I ask a question on that, Mr. Chair? Chair Sarnoff Sure, go ahead Commissioner Suarez: In that speck case where we're bringing in non-certifieds that we're training and then certifying, and then bringing them to the department, are they kind of pre-screened before they go to the academy? Mr. Aguilar: Yes. The -- Commissioner Suarez: Or does the screening happen afterwards? 'Cause I know that for officer -- not for officers --for people who actually pay their own way, they don't get any sort of screening because of -- sometimes, I know that there's been examples of people who have gone through our academy and not been hired by the City for various issues. Mr. Aguilar: They do get screened, but it's two different standards. When someone pays their way to go through the academy, we're screening them for the state absolute minimum requirements for certification as an officer, so that's the bare minimum requirements that the state will expect out of them to get hired by any police departments. We have higher standards, so some people could pass through that standard but not through ours. When we hire them to go through the academy, the process and the cutoffs are identical to what we have for certified Officers. Commissioner Suarez: Before they start? Mr. Aguilar: Before they start. So these 18, there's no risk that by the time they graduate that we'll tell them, "No, you don't have a job. " Commissioner Suarez: That's what I wanted to know. And I think we should discuss maybe revising that for people that pay their own way, too, because what can happen is, you know, they pay their own way and then they graduate and then they could be almost not hirable, or very few departments that may want to hire them, andl think that may be a little bit of a disservice. That's a totally off topic issue, so I -- you know, I -- Chair Sarnoff No, go ahead Commissioner Suarez: Sorry for my --for indulging on that, 'cause it's just a whole nother issue, but -- and we should also -- I mean, if people are willing to pay their way and we have a deficit in officers, you know, we should allow people to pay their way, too. That's something that, you know -- I don't know how that works in terms of how you have to get candidates, you know, pursuant to your rules. Mr. Aguilar: We do have the, like I mentioned, 300 some odd officers that are -- Commissioner Suarez: Certified. Mr. Aguilar: -- certified candidates, because the Commission did ask us to recruit certified Officers a few months ago, so we're still in the process of screening those. After that, we do have to open it up to non-certifieds, but we allow certified candidates to apply with those also, so you'll have a mix of certified and non -certified the next time that we open up. Commissioner Suarez: Can we get non-certifieds that will pay their own way, or do we always pay the way when it's a noncertified that we hire? City ofMiami Page 142 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Mr. Aguilar: If they're not certified at the time they apply, we pay their way through the academy. Commissioner Suarez: Right. Mr. Aguilar: If it's somebody who's already certified, then there's no need to put them through the academy. Chair Sarnoff But you're pre-screening them before you're paying their way, right? Mr. Aguilar: Yes, sir. Commissioner Suarez: Yeah. Chair Sarnoff So they've been vetted? They're vetted as far as you know, except the fact they haven't gone through an academy. Mr. Aguilar: Correct. The physical agility, the psychological standards, polygraph, background investigations, what we'll accept for traffic history, past drug use is identical for the two. The only difference comes in at the moment that they're hired when we make the decision, okay, you're going to the police academy and you're going right to the street. Chair Sarnoff Well, noncertified police officers go to the academy. Mr. Aguilar: Correct. Chair Sarnoff A certified police officer I hope (UNINTELLIGIBLE) -- Mr. Aguilar: Is doing the in-house training for a month and then going to the street. Chair Sarnoff Right. I want to make sure there's no circumstance under which we are taking a certified officer and putting him through the academy, right? Mr. Aguilar: No, absolutely not. Chair Sarnoff Okay. I want to make sure of that. Commissioner Suarez: But what was saying is that want to make sure that the 18 that are in the academy, that there's nothing that's going to stop them from going --you know, at the end of the process, they're going to go on to -- they're going to be hired. Mr. Aguilar: No. Commissioner Suarez: They're in. Mr. Aguilar: They've been fully vetted, unless if they commit a crime while they're in the academy and we -- Unless that they commit a crime while they're in the academy -- Commissioner Suarez: Of course. Mr. Aguilar: -- that's something different. Commissioner Suarez: Right. Mr. Aguilar: But they're already hired, they've already been fully vetted, and they're ready to go. City ofMiami Page 143 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Commissioner Suarez: How -- can I ask -- Chair Sarnoff Go ahead Commissioner Suarez: This is a -- how long is it going to take to vet the remaining 300 certifieds that we have? 'Cause I know we boosted the number of background investigators by a function of 400 percent or something. Mr. Aguilar: The remaining 300 -some -odd candidates could be vetted by late November, pushing it towards the end of November. Commissioner Suarez: How many do you expect to find out of that list? You don't know or --? Mr. Aguilar: Right now, we've -- what we've experienced is that we've been hiring about I out of every 13 applicants. Commissioner Suarez: That's not a very good ratio. Mr. Aguilar: No. Commissioner Suarez: Wow. Chair Sarnoff So -- You're --. Commissioner Suarez: No, no, go ahead, please. Chair Sarnoff.- So we are at 1,109. We budgetedfor 1,144. Mr. Aguilar: Yes, sir. Chair Sarnoff We are in the process of vetting a list to get that -- Mr. Aguilar: Yes, sir. Chair Sarnoff Where's my numbers guy? Eleven oh nine; forty-four, minus that, what am I at? Commissioner Suarez: Eleven oh nine minus forty -- what? Chair Sarnoff Yeah, 1,109 is what we have. Mr. Alfonso: Thirty-five. Vice Chair Gort: Thirty-five. Chair Sarnoff Thirty-five. So what are we doing and how long have we been doing it to get 35 more officers? 'Cause here's my point: As a Commission, everybody thinks we're the all and powerful Oz, and we're not. We're budgeters. We budget for what we'd like the City to spend. And then you guys either spend it or, for some discreet reason, don't spend it. So as a complaint was just lodged against us, which, of course, is baseless, we don't get to designate anything. We don't get to tell you to do anything. We get to tell the Manager to do something. We get to tell Madam City Attorney to do something, and maybe the Clerk every here and there. So I don't get to tell you what to do. But what I get to do collectively with this body is say, "Here is a budget to do it. " What can we do to help you to get the 35 budgeted officers that we have budgeted for you to get them on the street? City ofMiami Page 144 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Mr. Aguilar: We -- Chair Sarnoff Let the record reflect I am not directing you, but asking questions of you. Manuel Orosa (Chief ofPolice): I don't know. Chair Sarnoff It's a bad joke is what it is. Mr. Orosa: Oh, from the complaint from the convict. I understand. Anyway -- Vice - Vce Chair Gort: And you are? Mr. Aguilar: Excuse me? Vice Chair Gort: You are? Chair Sarnoff Chief of Police. You needed to state your name. Chief Orosa: Manuel Orosa, Chief of Police. Basically, Commissioner, about a year ago, we were discussing what we were going to do because we were 90 behind. Now, we're in the 30s. By the end of November, we're probably going to be three or four or five short. By the beginning of next year, we will be full with the 1,144 and working our way with the new 25. So I suspect that sometime in March, April, we will be fully staffed at 1,144 plus the 25 -- Chair Sarnoff Plus -- Chief Orosa: -- because we have the 344 candidates certified that we're processing right now. That should take us a couple of months to finish, and we're currently going to start probably next week advertising, because we have to by DOJ (Department of Justice) rules that we need to advertise to open up for probationary and certified. Anybody can apply, and we're going to be opening it ulifor a couple of weeks. We're probably going to get about], 000 candidates. That's going to wash out to about 700, and those 700 will take us another four months, but we will be hiring -- out of the 700, if you go by the 13 -to -I ratio, we will have 50 -something from there, so it'll get us at fully staff, 1,144 plus the 25 -- Commissioner Suarez: Mr. Chair, may I? Chief Orosa: -- by April or so of the next year. Commissioner Suarez: It's probably the same question you want to ask. Chair Sarnoff Go ahead Commissioner. Commissioner Suarez: No, it's probably the same question. Go ahead. It's probably the same question you want to ask. Chair Sarnoff I was waiting for the last -- Commissioner Suarez: No, go ahead, go ahead Chair Sarnoff -- by April or March of -- Commissioner Suarez: I really -- I shouldn't highjack this issue from you. City ofMiami Page 145 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Chair Sarnoff No, I don't mind I don't mind at all. Commissioner Suarez: 'Cause you've been the one -- Chair Sarnoff By the way, this is not my issue. Commissioner Suarez: Yes, it is. Yes, it is; rightfully so. You should take credit for it. I mean, you should be happy that it's your issue. This is the right issue. I think the question I thought you were going to ask was if we budget 100 police officers today -- Chief Orosa: Yes. Commissioner Suarez: -- then based on your numbers, with the 700 that -- you know, you get a 1, 000 that walks to 700. That gives you approximately at a 1/13th ratio, 50 -something. If you double that -- in other words, if we double the number of time that you open the list for and you get 2, 000 applicants, do you expect the ratios not to be the same or --? I mean, what would be the number of applicants that we would need to wash down to 100 more police officers when you need them? Chief Orosa: Commissioner, I wouldn't recommend leaving the list open for an extended period of time for two reasons: One, we can't start working the list until it closes. And two, you're going to wind up having a lot of duplicates, people that apply today and think, "Oh, nobody called me; let me apply again, " and at the end of the day, we're going to have to sort out through those duplicates. And when we start processing, the people towards the bottom of the list become disenfranchised and they decide not to -- they go elsewhere, put it that way. Commissioner Suarez: I'm not an expert, obviously, but it seems to me that your point number one, which is that you want to start processing right away, so you don't want to leave the list open too long, that, to me, doesn't seem like a -- I'm just telling you. I'm being honest with you -- it doesn't seem like a very powerful argument, because the list was open, my understanding, last time for three days and we got 1, 000 applicants, ifI'm not mistaken. Chief Orosa: We got 1, 013. Commissioner Suarez: Right. So if it were open for six days, at that rate we would have 2, 000 applicants. Chief Orosa: Yes. And -- Commissioner Suarez: So I don't think it's we're opening it for too long and not getting started, whether it's three or six days. Chief Orosa: No, no, no. And let me go back. Don't get me wrong. I am not saying that we should leave the list open for a long period of time. What I'm saying is that as soon as we get the numbers that we should get, for example, 1, 000, 1, 500, to meet what our needs are, we should close it and start processing it. Commissioner Suarez: Agreed. But my question is -- Chief Orosa: And that could be three days, six days, nine days, whatever. Commissioner Suarez: I agreed. But under the numbers that we've been talking about with the 18 that are uncertified that are coming out of the academy and the 23 that we expect out of the 344 that are certified, that puts us slightly over the 35 vacancies that we have right now. That's -- 33 plus 8 is 41, so that puts us, you know, 6 officers over. If we were to budget -- 'cause I don't City ofMiami Page 146 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 know what this Commission is going to do. I mean, we're talking about this issue now. I thought we were going to talk about it during the budget. But if we were to budget for 100 officers and not for 25, my question to you is, Could you vary your processes so that we can get those 100 Officers hired this year? Chief Orosa: We can vary the process, yes. We can -- Commissioner Suarez: So that we can hire the 100 officers? Chief Orosa: We can get more applicants, we can do the processing. And talking about the way the process is right now with the 20 background investigators and the two to three months that it takes us to process, for example, 700, I expect that if you do go 1,144 plus 100, that probably sometime in November, October next year, we'll reach that goal of having 1,144 --well, 1,244, because next year is a good year for us. We do not anticipate a lot of people separating if they separate when the DROP is intended for their separation. We just have a handful of people. The problem will be the followingyear, in '14. No, no, '15, in '15. Commissioner Carollo: AndMr. Chairman, ifI couldjump in? Chair Sarnoff Yeah, go ahead I don't want to -- Commissioner Carollo: And remember, we don't have to budget for the whole 100, because you're hearing when they would actually hire these people. Chair Sarnoff Yeah. Commissioner Carollo: It will be the following year, or let's say -- he said October, November, but let's say late September, which means even if we have the 1,244 officers, they didn't workfor the whole year, so we don't have to budget for the whole year. The problem is going to be next year and each year after because it's going to be a recurring expense, and then we have to see what our recurring revenues are versus our recurring expenses. Commissioner Suarez: No, I get that. I think if we're going to budget the 100 officers, it's because we have made a fiscal determination that we can pay for it on a recurring basis, so I'm kind of assuming that. I'm more concerned about actually hiring 100 officers, because we have not shown -- demonstrated a track record over the last two years of being able to get to our budget level, so that's the concern that I have. Now, it seems like we're making progress, and I'm hopeful that we don't take a step backwards and that we continue to go forward, and there seems to be some indications based on the non-certifieds that are going through the academy and the certifieds that are going to come out of the certified list and the list that you're about to open soon, that we'll be, you know, starting to kind of scratch the surface of what we really -- what I feel -- I'm only one of five here, but I suspect the Chairman feels similarly because he's expressed it before -- what I feel is our adequate patrolling level in the City, which I think -- he's made a very powerful argument -- is woefully understaffed. And we can get into -- I don't know if now is the appropriate time to get into that or get into that during the budget hearing or what. Chair Sarnoff We're an hour away from absolutely getting into it. Commissioner Suarez: Right. Chair Sarnoff But two more questions, 'cause I think that suffices. Of the 100 police officers that I hope I have the support, Commissioner Suarez -- Commissioner Suarez: You have mine. City ofMiami Page 147 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Chair Sarnoff -- how many of those would be certified and how many of those would not be certified? Chief Orosa: That would be speculation, because you open the list and anybody can apply. Chair Sarnoff No, no, no. So you, in your own mind as the Chief of Police, have no desire to have 50 certifieds, 50 non-certifieds? You don't want to have 75 certifieds -- what do you want? Chief Orosa: What I want is really inconsequential, and I'll explain why. Because we still have to process everything through DOJ, and if we don't get the appropriate numbers of a mix of our community, then we will linger under their review for longer periods of time. Listen, if it was up to me, I'd rather have the 100 certified. Chair Sarnoff A hundred -- that would -- Chief Orosa: A hundred certified. Chair Sarnoff -- be your call. Chief Orosa: Correct, if it was up to me, but it's not up to me. It's -- DOJ has insisted no more certified list; open it up to everybody. If certifieds happen to apply, of course we will get the certifieds. Soto answer your question again -- Chair Sarnoff So -- Chief Orosa: -- I don't control who's going to apply. It's going to be a mix of both. Chair Sarnoff I think I've understood something for the first time up here. You can just open up a list and get -- take what you can get, certifieds, non-certifieds? Chief Orosa: Correct. Chair Sarnoff A thousand --let's say --let's use Suarez'-- 2, 000 people come in. Obviously, they're not all qualified or won't pass your scrutiny. Chief Orosa: Okay. Chair Sarnoff Three hundred of two thousand get to a certain level. Chief Orosa: Okay. Chair Sarnoff Of that, 150 are certified and 150 are not. Let's just use nice, kind numbers. You would then -- if DOJ did not require it, would put the 150 on because you could get the 150 on the street sooner. Chief Orosa: That would be good to say. Chair Sarnoff No, I want to hear -- I'm not trying to put words in your mouth. Chief Orosa: Well, we have to go also by preference, you know. Veterans go first, then City residents, and then everybody else. We cannot --just because you're certified, we cannot skip a veteran to get to you. Chair Sarnoff Let's assume the whole sifting process took place. City ofMiami Page 148 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Chief Orosa: Okay. Chair Sarnoff And you have 150 that have to go to college and 150 that don't have to go to col -- and don't mean college; police college. Chief Orosa: I got you. Chair Sarnoff You would put the 150 on because you'd want to get them on the street. Chief Orosa: Correct. Chair Sarnoff Okay. And, Mr. Manager -- andl'm not going to belabor this, 'cause this will be spoken about shortly -- the cars, guns, the necessary items that -- can that be put off.? I know it happens in -- as long as it hits the budget cycle of '013, '014, you budget the whole thing; is that correct? Mr. Alfonso: Commissioners, if we budget police officers into the year, whether they come in the first day or the last day of the year, you still have to have that fixed cost. Chair Sarnoff Okay. Now, my last question, and I'll let this go. I have a September 11, 2013 memo from you, Mr. Manager, andl'd like to ask the Chief this question: It says that the base salary is $46,065 as the lowest starting pay in this municipal, plus $2,700 supplement, per union contract, for a total starting salary of $48,765. Mr. Alfonso: For a certified police officer. Chair Sarnoff For a cert -- well -- Mr. Alfonso: The non-certifi'eds actually start a little lower. And the reason why the certified Officer was used sir -- Chair Sarnoff I -- Mr. Alfonso: -- Commissioner, is 'cause the ads refer to certified. Chair Sarnoff And I understand that. What you're saying is you're paying somebody to go through the academy, correct? Mr. Alfonso: No, no. What that ad is saying, the newspaper ads that were referenced were advertising for certified police officers. So I compared that to what a certified -- Chair Sarnoff All right. Mr. Alfonso: --hire -- Chair Sarnoff Here's the question: My name is Marc Sarnoff. Mr. Alfonso: Yes, sir. Chair Sarnoff I have just been pinned by the Chief. Probably, they don't do pinnings and they probably don't do badges, but l've just pinned andl've just been badge. I am ready to start day one. Mr. Alfonso: Yes. City ofMiami Page 149 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Chair Sarnoff I have gone through his academy. Mr. Alfonso: Um-hmm. Chair Sarnoff Somebody stupidly put a gun on my hip, and I'm ready to go. Am I making $48,700 --? Mr. Alfonso: Yes, yes. Chair Sarnoff We're on the same page. Mr. Alfonso: Okay. Once you're certified yes. Chair Sarnoff Right. What you're saying is you pay a --I --we used to call them candidate or we used to -- do they still call them candidates or do they still call them cadets? Cadets, no? They don't call them that anymore? Chief Orosa: Recruits. Chair Sarnoff Recruits, all right. So you're paying recruits to go through your college. Mr. Alfonso: The recruits, Commissioner, are lower paid. This is a certified officer. Chair Sarnoff Right, I know that. Mr. Alfonso: Okay. Chair Sarnoff You're paying recruits -- I don't know -- 25, 30 -- Mr. Alfonso: Yes, yes. Once we hire a recruit and we put him on the City's payroll, they are getting paid Chair Sarnoff And what is that pay? Mr. Alfonso: Is it a step I? Five percent below step 1. Step I is 44 and a half thousand so about $42, 000 a year. Chair Sarnoff So if a recruit who's going through college -- Mr. Alfonso: Through the police college, yes. Chair Sarnoff Sorry. Forty-two thousand dollars? Mr. Alfonso: Yes. Chair Sarnoff And that person's not available to us for a minimum of six months? Chief Orosa: Yes. Chair Sarnoff And the reason you are doing that is, in part, because of a DOJ incentive? Chief Orosa: For the bigger part of that, yes, correct. And here's the mentality that DOJ uses: Not everybody in the community can afford to pay their own way so we have to open it up to impoverished communities that don't have the $7, 000 out of pocket or can't get a loan, so we need to open that up so that they, you know, get a fair shake. City ofMiami Page 150 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Chair Sarnoff Gotcha. Last question, and then I'll yield or move on. For the $48,765 starting pay in the City ofMiami, is that an impediment to you getting qualified recruits? That's why you get paid the big bucks. Chief Orosa: You love loaded questions. It hasn't been an impediment of getting recruits to come onboard and apply, but keep in mina we are competing with all our neighbors. We are competing --for example, Miami Beach just got an 8 percent pay raise. Hialeah is looking at 3, 3, and 3. Chair Sarnoff So what -- don't shoot. What does that mean to us? Chief Orosa: That means to you that in the near future, we're competing against everybody else, and some candidates may decide to apply in another place. Chair Sarnoff But I don't know what 8 percent of something is. I need to know what the number is. Chief Orosa: I think their starting pay were 52. Chair Sarnoff So am I putting 8 percent on top of 52? Chief Orosa: Yes, sir. Chair Sarnoff Where's my man? Right there. Eight percent of 52, Commissioner Suarez? Commissioner Suarez: I'm sorry. Eight percent of 52? Eight percent of 52 is 5 and 3 -- yeah, it's about 59. Chair Sarnoff So they're starting at $59, 000. Chief Orosa: And we also run the risk that after we train them, put them through the academy, they take off for a higher paying job. Chair Sarnoff There's a sub -question there: Do we require any sort of service or reimbursement from a person -- a recruit that we've put through the academy? Chief Orosa: We can -- Chair Sarnoff Do we? Chief Orosa: -- obligate them to stay two years. Certifieds, we don't obligate. They pay their own way. Chair Sarnoff Well, you're putting --unless I misheard you, you're putting seven people through the academy now. Chief Orosa: Yes. Chair Sarnoff Are they required -- in the event they see this nice $59, 000 amount, are they required to pay us back? Chief Orosa: Only the ones we send through the academy. The certifieds do not, sir. Chair Sarnoff I'm not so -- I think -- City ofMiami Page 151 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Chief Orosa: If we hire them, pay them a salary, put them through the academy, we obligate them for two years. Chair Sarnoff So we -- that is our policy? Chief Orosa: Yes. Chair Sarnoff You --just give me a couple of other -- Chief Orosa: But the issue is we obligate them, but it's like a contract; they can break it, they can take off, and then we're going to be suing them for $7, 000. I don't know the wisdom in that. Chair Sarnoff I don't know the wisdom in not doing it. Chief Orosa: Correct. Chair Sarnoff I don't know that I want to just pay people's way to go to Miami Beach. I don't know that I want to pay people's way to go to Coral Gables. Chief Orosa: No, I understand that. It's -- Chair Sarnoff It's a quick county court proceeding. Chief Orosa: Okay. Chair Sarnoff And I would be the person that would make the motion. I'd probably be the three -horned beast that suggests that. So having said that, can you just give me two other police departments that are comparable to us, if you could tell me where their starting salaries are? You just saidMiami Beach. Chief Orosa: I know the Beach, the County pays higher than us. Chair Sarnoff Okay. The Manager sort of disputes that with you, so tell me what you think the County pays, starting. Chief Orosa: I'm not sure, Commissioner, but it's in the 50, 000 range. Chair Sarnoff So I'm going to put 50? Chief Orosa: Yes. Chair Sarnoff Okay. Who else? Chief Orosa: The Beach. Chair Sarnoff You got the Beach, 59, 000. Chief Orosa: And I believe every municipality in Broward County pays more than we do. Chair Sarnoff Every municipality? Chief Orosa: Yes. Chair Sarnoff Substantially more? City ofMiami Page 152 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Chief Orosa: That, I don't know; in the 50. At least in the 50 range. And they are competitors to us, as well. Chair Sarnoff Okay. All right, thank you, Chief. Anybody -- any questions on this issue? Mr. Alfonso: Commissioner, may I? Chair Sarnoff Yeah. Mr. Alfonso: There has been problems in the past with recruiting police officers and bringing them onboard. And not only police officers; I remember several months ago, we talked about the police department. We had problems with getting crime scene investigators, 9-1-1 operators, et cetera. We organized a work team, so to speak, and made some extra efforts to hire people quicker, andl thinkyou have seen the result of where the numbers are today. We added personnel back into the Human Resources Department. We have designated now two more positions that will be hired for the sole purpose of doing police officer recruitment; civilians. The Chief worked with us and increased the number of people doing backgrounds, so that is how we've gotten from, you know, nearly 90 vacancies in sworn personnel to around 35. In addition to that, the 9-1-1s, which at one point, we had something like 11 or 12 vacants [sic], I think we have 4 right now, and that's because some people washed out. But at some point, we were down next to one or two vacancies. Having said all that, if you think about a department that has 1,144 officers right now, having 35 vacancies, you're talking about a vacancy ratio of about 3, 3 and a half percent. That is pretty low. I mean -- you know, it's not a tremendously negative number. I think we've made a lot of strides in that way. We are authorizing just about every possible move that the Chief has requested. The positions that were frozen that are unfunded that they spoke of --the lieutenants, for example. We know we won't be able to hire lieutenants until we take the test, so what we offered to do was to actually authorize the hiring of police officers so we will overfill police officers, knowing that when the lieutenants get promoted, then the numbers will collect --fix themselves immediately. So we're doing everything we can to recruit as many police officers as possible. Chair Sarnoff And then the inevitable question is: How many is enough? And since you can't -- Mr. Alfonso: I didn't say "enough. " I said -- Chair Sarnoff No, I understand. I'm just saying since you're not an expert and I'm not an expert, I'm listening to the expert as to what he says we need. That's good. All right, that's all have. END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO D3.1 DISCUSSION ITEM 13-00751 ITEM TO BE WITHDRAWN VERIFICATION OF THE ISSUANCE OF THE AUDITED FINANCIAL STATEMENTS ENDING FOR THE YEAR SEPTEMBER 30, 2012. City ofMiami Page 153 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 13-00751 Verification Issuance -Audited Financial Statements FY' 12.pdf WITHDRAWN Chair Sarnoff Okay, I think we're up to District 3. Commissioner Carollo: Thank you, Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: I have various items. D3.1 will be withdrawn, as it stipulates in the agenda. It is a moot point. Audited financial statements have been issued D3.2 DISCUSSION ITEM 13-00723 FOLLOW UP ON RECRUITING. 13-00723 Email - Recruiting.pdf DEFERRED Note for the Record: Item D3.2 was deferred to the September 26, 2013 Commission Meeting. D3.3 DISCUSSION ITEM 13-00678 ILLEGAL BILLBOARD. 13-00678 Email - ILLegal Billboard.pdf 111494NN411 Note for the Record: Item D3.3 was deferred to the September 26, 2013 Commission meeting. D3.4 DISCUSSION ITEM 13-00719 UPDATE REGARDING FUTURE AUDIT PREPARATIONS. 13-00719 Update - Future Audit Preparations. pdf DISCUSSED Commissioner Carollo: However, there is one that I do want to bring up and that is D3.4, dealing with upcoming audit for the year ending September 30, 2013, and thank you, Mr. Director. My question would be, as we've spoken, every year we're late for our audit, and I wanted this year to start now as opposed to after the year end, so I was hoping that we had received a PBC (Provided by Client) letter from the auditors already and that, two, they have begun to do interim work. So I wanted to inquire with regards to that, because I do plan for our audited financial statements to be on time for this year. Jose Fernandez: Jose Fernandez, Finance Department. We've actually been in contact with Ernst and Young. We've had several meetings with them. They've given us the PBC list. Commissioner Carollo: Okay. Mr. Fernandez: We've actually worked through all the items on the PBC list, and they will be here Monday, the 16th, this coming Monday, to actually start going through all the stuff that City ofMiami Page 154 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 we've compiled for them. Commissioner Carollo: Okay. They have not started interim work? Mr. Fernandez: Well, this is part of the interim work. So, I mean, you know, they've requested the information; we've given it to them. They're going to go through it between, you know, starting on the 16th to whatever time it takes to -- I mean, we still -- once September 30 hits, we're not going to close the GO (General Obligation) for another month, and then we have to start preparing; so between now and the middle of November, they have time to go through everything we've compiled so far, ask questions, you know, respond to them, and wrap interim work before they're ready to come back in the middle of November or the early part of December. Commissioner Carollo: Okay, fair enough. Have you prepared for the accrual process? You know that that's a fine, you know, we get year, after year, after year, and that's on the City. That's the departments. Mr. Fernandez: Yeah. Commissioner Carollo: So -- Mr. Fernandez: We've actually -- we're -- spoken to the departments. That's something that we're deciding this year to do in-house in Finance rather than letting the departments do it. We're going to do it ourselves. We've been putting notices out in all our remittance with the check to the vendors to get their invoices for services and goods that they've provided to the City prior to November 30 --1 mean September 30 --that they get it to us as quickly as possible. So we've actually --you know, we've been very proactive as far as not just the vendors, but the departments as well, to make sure that we get as much information as we can prior to the hard close of the GO. Commissioner Carollo: Okay, good. And the last thing was with regards to -- I forgot what was the last thing I was going to ask you; hold on. Wanted to mention the accrual, which we did I forgot what was the last thing, but it seems like you're on the right track. And like I said I really expect that, you know, for the year ending September 30, 2013, those audited financial statements will be done before March 30, 2014. Mr. Fernandez: That's our goal, Commissioner. Commissioner Carollo: Okay, thank you, and good work. Thank you. D3.5 DISCUSSION ITEM 13-00753 UPDATE REGARDING THE CIP PROCESS. 13-00753 Update - CIP Process.pdf DEFERRED Note for the Record: Item D3.5 was deferred to the September 26, 2013 Commission Meeting. D3.6 DISCUSSION ITEM 13-00838 BAYFRONT PARK MANAGEMENT TRUST. 13-00838 Email - Bayfront Park Management Trust. pdf City ofMiami Page 155 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 DISCUSSED Commissioner Carollo: I think Judy from my office was here. I want to make sure. Judith Perez Almeida (Special Aide): I'm here. Commissioner Carollo: Can I do a quick -- well, it's going to be quick. It's on Bayfront Park. You know, many times we have successful events, and even though it gets a lot of publicity and it's paid out, realistically, we never come back here to the Commission and express the success that we've had with our events. I have about 30 minutes of footage from various news channels on all the publicity that we received just a few months ago with the Fourth of July and our birthday bash. This is an event that is open to all the public, and it is for free. Additionally, it cost the City ofMiami zero. The City ofMiami does not fund this. These are monies earned by the Bayfront Park Management Trust, andl have about 30 minutes of footage from all the different news channels --from Channel 10, 6, 7, 23, 51 -- that have shown and displayed the City ofMiami and Bayfront Park, downtown Miami at its best. So if we could just play some of the footage, and you all -- I'll listen to my colleagues when you've seen enough and you want me to either stop or continue. Well, I guess now we're not going to -- Chair Sarnoff What are we doing? Are we -- Commissioner Carollo: We are -- I thought we were. I thought we were ready and -- I think we're having computer issues. Ms. Perez Almeida: It was working good but -- IT (Information Technology) is coming. Commissioner Carollo: I'm sorry. We're having computer issues, so IT is coming. Chair Sarnoff You want to take five? Commissioner Carollo: Let's see how fastIT --let's put him on the spot. Let's see how fastIT can -- Chair Sarnoff Fair enough. Commissioner Carollo: What's this, technical difficulties? Ms. Perez Almeida: Yeah. Chair Sarnoff Discussion item. Commissioner Carollo: It is going to happen? No? Ms. Perez Almeida: Yeah. Chair Sarnoff You guys want to work on that and maybe we could take up living wage? Ms. Perez Almeida: Here, it's starting right now. Commissioner Carollo: And by the way, besides all the different news channels you'll see, we also got front page in The Herald and in El Nuevo Herald. Is there any sound to it? Note for the Record: At this time an audio -video presentation was made. Commissioner Carollo: Mr. Chairman, it goes on and on for about 30 minutes, all the different newscasts, so we could stop here. I think everyone gets the gist, correct? City ofMiami Page 156 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Chair Sarnoff Is there any other -- are there any other blue page items you want to --? Commissioner Carollo: No, I think that's it. I want to defer all the other ones, 'cause it's almost 5 o'clock, and I think we need to be ready for the budget. Chair Sarnoff Okay. Commissioner Carollo: thank you. END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ D4.1 DISCUSSION ITEM 13-00665 UPDATE REGARDING THE COLLECTION OF OUTSTANDING SPECIAL ASSESSMENT LIENS. 13-00665 Update - Special Assessment Liens.pdf NO ACTION TAKEN END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 DISCUSSION ITEM 13-00565 DISCUSSION REGARDING AWARDING ALL EMPLOYEES A MID -YEAR BONUS. 13-00565 Email -Awarding Employees Mid -Year Bonus.pdf DISCUSSED Note for the Record: Please refer to Item RE. 21 for minutes referencing Item D5.1 D5.2 DISCUSSION ITEM 13-00777 District 5- PRESENTATION BY THE LIBERTY CITY TRUST ON ACCOMPLISHMENTS IN Commissioner 2012-2013 AND GOALS FOR 2013-2014. Michelle Spence -Jones 13-00777 Email - Liberty City Trust.pdf 13 -00777 -Submittal -Presentation. pdf NO ACTION TAKEN City ofMiami Page 157 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 D5.3 DISCUSSION ITEM 13-00782 DISCUSSION ON THE EMPLOYMENT STATUS OF PART-TIME AND TEMPORARY EMPLOYEES, INCLUDING BUT NOT LIMITED TO HOURS AND WAGES, IN LIGHT OF THE EMPLOYER MANDATE UNDER OBAMA CARE. 13-00782 Employment Status of Part-time & Temps.- Obama Care.pdf NO ACTION TAKEN END OF DISTRICT 5 NON AGENDA ITEM(S) NAA DISCUSSION ITEM 13-01098 COMMISSIONER SPENCE-JONES CONGRATULATED COMMISSIONER SUAREZ ON THE EXCITING NEWS THAT HE IS EXPECTING HIS FIRST CHILD. DISCUSSED Commissioner Spence -Jones: Congratulations. Did we ever congratulate you? Commissioner Suarez: Thank you. Commissioner Spence -Jones: Oh, my God. Let's congratulate him on the record. Applause. Commissioner Suarez: I find out the sex tomorrow. Commissioner Spence -Jones: I forgot all about that. It's officially how many months now? Commissioner Suarez: Tomorrow I'll find out if it's going to be a girl or a boy so -- Commissioner Spence -Jones: So we might have a Baby Francis on his way. Commissioner Suarez: You might. You never know. Commissioner Spence -Jones: How many months? Commissioner Suarez: Four, a little more than four. Commissioner Spence -Jones: Four months. So we keep -- we're keeping you in your [sic] prayers so -- Nobody mentioned it, so I was the first one to mention it. Commissioner Suarez: Thank you. Commissioner Spence -Jones: So that means I could be the god mama after I'm gone, right? Keep praying. City ofMiami Page 158 Punted on 10/7/2013 City Commission Meeting Minutes September 12, 2013 Commissioner Suarez: We'll work on that. NA.2 RESOLUTION 13-01094 District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE Commissioner Marc MEMBERS OF THE MIAMI-DADE COUNTY COMMISSION TO VOTE TO David Sarnoff FULLY FUND THE 2013-2014 HEAD START/EARLY HEAD START PROGRAM IN MIAMI -ADE COUNTY AT PRE -SEQUESTRATION LEVELS, BY INVESTING $2.9 MILLION TO MAKE THE PROGRAM WHOLE; FURTHER DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. 13 -01094 -Submittal -Draft Copy of Legislation.pdf ADJOURNMENT 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-13-0362 Chair Sarnoff I do have a pocket item. It is a -- it's a resolution of the City ofMiami Commission urging members of the Miami -Dade County Commission to vote to fully fund the 2013-2014 Head Start/Early Head Start Program in Miami -Dade County at pre -sequestration levels, by investing $2.9 million to make the program whole; further directing the City Clerk to transmit a copy of this resolution to the hereinafter designated officials. Vice Chair Gort: Move it. Chair Sarnoff Motion by Commissioner Gort. Commissioner Carollo: Second; discussion. Chair Sarnoff Second by Commissioner Carollo. You're recognized for the record. Commissioner Carollo: Thank you, Mr. Chairman. I will probably be supportive of this to show solidarity with my colleague; however, I have not looked at the County budget to a great extent, knowing what issues they have or don't have to see whether they should be able to fund this or not. So I will vote for it, you know, in solidarity with you, but with that caveat. I think we need to worry about our own budget first before we look into the County budget, but with that said, I will be voting in favor of this. Chair Sarnoff That's fair enough. And you're right, it's a complicated issue and I don't blame that caveat at all. All in favor, please say "aye. " The Commission (Collectively): Aye. The meeting adjourned at 10:53 p.m. City ofMiami Page 159 Punted on 10/7/2013