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HomeMy WebLinkAboutCC 2013-10-10 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com r, r V d1C1Re 4RATtI 4( r3 i'e � �.2- Meeting Minutes Thursday, October 10, 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 Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes October 10, 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 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 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 loth day of October 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: 34 a.m., recessed at 12:13 p.m., reconvened at 3:46p.m., and adjourned at 5: llp.m. Note for the Record: Vice Chair Gort entered the Commission chambers at 9: 36 a.m., Commissioner Spence -Jones entered the Commission chambers at 9: 43 a.m. ALSO PRESENT: Victoria Mendez, City Attorney Daniell Alfonso, Acting City Manager ToddB. Hannon, City Clerk Chair Sarnoff I want to welcome everybody to the October 10, 2013 meeting of the City of Miami Commission in these historic chambers. The members of the City Commission are: Wilfredo [sic] "Willy" Gort, the Vice Chair; 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; Victoria Mendez, the City Attorney; and Todd Hannon, the City Clerk. The meeting will be open with a prayer by Commissioner Francis Suarez and a pledge of allegiance by Commissioner Frank Carollo. Invocation delivered. Later... Pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 13-01168 PRESENTATION Honoree Presenter Protocol Item Financial Mayor Certificates Empowerment Regalado Centers Partners Miami Minority Mayor Certificate/Merit & Business Regalado Certificates/ Development Appreciation Agency (MBDA) Business Center 2013 Miami Latino Mayor Certificates/Merit Art Beat CompetitionRegalado Hispanic Heritage Commissioner Certificate/Appreciation Month Fest Com. Spence -Jones City ofMiami Page 3 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Senior First Commissioner On -the -Go Comm. Spence Jones Special PresentationCommissioner Florida Inland Sarnoff Navigation District - FIND presents check for Kennedy Park Floating Dock 13-01168 Protocol Item.pdf PRESENTED Certificates/Appreciation Special Presentation 1. Mayor Regalado presented Certificates to the nine Financial Empowerment Centers Partner sites throughout the City ofMiami for their commitment to helping the community improve the quality of life through a collaborative effort for financial empowerment. 2. Mayor Regalado presented Certificates of Merit and Appreciation to the 2013 Minority Business Development Agency Business Center for the support of minority businesses throughout South Florida and especially in the City ofMiami and for their outstanding performance making the center number one in the nation out of 37 centers. 3. Mayor Regalado presented Certificates of Merit to several Miami -Dade High School Students for their artistic genius and outstanding contributions to the elevation of creative expression in South Florida as expressed in their Fine Arts work in the 2013 Latino Art Beat Competition. 4. Commissioner Spence -Jones presented a Certificate of Appreciation to Plena Es De Puerto Rico expressing sincere appreciation to District Five's 2013 Hispanic Heritage Month Festival Committee and for their support of the Wynwood Latin Art & Music Festival at Roberto Clemente Park. 5. Commissioner Spence -Jones presented Certificates of Appreciation to CAC Florida Centers and Brandy Diggins for the unselfish commitment to raising the quality of life in our community and applauds the sponsorship of District Five's 2013 Senior First On the Go Health & Wellness Fair presented with the support of the Miami Garden's Super Soul Steppers, DJ Floyd, Live Life Healthy, Communities United, Humana, Care Plus Health Plans, Agape Senior Care and 54th Street Medical Plaza. 6. Chair Sarnoff recognized the Florida Inland Navigation District in presenting a check in the amount of $60, 000 to the City of Miami for the Floating Dock Project at Kennedy Park. Chair Sarnoff Okay, we'll now make the presentations and proclamations. We recognize the Mayor of this honorable city, Mayor Tomas Regalado. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Carollo, seconded by Commissioner Suarez, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Motion by Commissioner Carollo, seconded by Commissioner Suarez, to APPROVE PASSED by the following vote. City ofMiami Page 4 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones MAYORAL VETOES ORDER OF THE DAY ToddB. Hannon (City Clerk): Andl have for your consideration and approval the regular meeting minutes from September 12, 2013 and the first budget hearing minutes from September 12, 2013. Chair Sarnoff Is there a motion? Commissioner Carollo: So move. Chair Sarnoff We have a motion by Commissioner Carollo. Commissioner Suarez: Second. Chair Sarnoff Second by Commissioner Suarez. Any discussion? Hearing no discussion, all in favor, please say iiye. " The Commission (Collectively): Aye. END OF APPROVING MINUTES NO MAYORAL VETOES Chair Sarnoff. Okay, before we get to consent, I have to ask, Mr. Clerk, do we have any mayoral vetoes? ToddB. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Sarnoff All right, we'll now begin the regular meeting. The City Attorney will state the procedures to be followed during the meeting. Victoria Mendez (City Attorney): Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the code section about lobbyists is available in the City Clerk's Office. The material for each item on the agenda is available during business hours at the City Clerk's Office and online at wwwmiamigov. com [sic]. 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. Video of this meeting may be requested at the Office of Communications. 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 at the conclusion of deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. At this time, Chairman, the Administration will announce which items, if any, are being either withdrawn, deferred or substituted. Chair Sarnoff All right. First off we'll -- are there any --? Does the Manager wish to defer, modify or continue any items on the agenda? Daniell Alfonso (Acting City Manager): Yes, Mr. Chairman, thank you. PH 6 is an item that is being -- is requesting to be withdrawn. There is a request to perhaps have a discussion on it, but not have it as a public hearing. PH.7, 8, and 9, the brownfields, at the request of the company, City ofMiami Page 5 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 they are requesting to move the item to November 21 at 5 p.m. FR.1 is being deferred or we're requesting to defer it to December 12. RE.5, deferred indefinitely; RE. 6 and 7, also deferred indefinitely. Chair Sarnoff Okay, any Commissioners want to make any modifications or changes, or is there a motion? Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: Mr. Manager, I know in our meeting, you mentioned that PH.5 was going to be deferred. Mr. Alfonso: You are correct, Commissioner. We had thought about deferring the item because the appraisal had come in lower than the money being allocated. However, this is simply an allocation item. We have safeguards; we will not spend more than whatever the appraisals are. There's another appraisal that's being conducted right now, so we're asking not to defer the item; just let the allocation go forth, and then whenever the deal is reached, it will come back to this Commission for award. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: Let me be very clear, because this is sort of little by little, changing the culture that occurred when I first came to the Commission, because I noticed that the Administration would say, "This is going to be deferred; " "We're going to request a deferral," and then, obviously, as a Commissioner, we had to start putting priorities. If something is going to be deferred, we put more time into other issues, because we just don't deal with one issue; we deal with, you know, sometimes up to 60 issues per Commission meeting. Andl remember, I was very -- I had a very strong voice in a few times that the Administration mentioned that this will be deferred and then wanted to bring it back, andl said, "No, I will not hear it, and if the Commission feels they're going to hear that I will vote no." However, in this case, I did read the item, and it's something that it affects a Commissioner in his district; it's his funding. And to be honest with you, I think it's a very good allocation. I'll tell you what, it's allocations that I've done in the past, and l foresee me doing in the future also, so I will be okay, but I say that with a caveat that I don't want to go back to change the culture. I mean, this is a so-called exception that at least I'm willing to take, because, again, I think it's a very, very good resolution. Mr. Alfonso: My apology, Commissioner. I may have perhaps jumped the gun, and we'll be more careful. We don't want to change the culture. We'll be more careful in informing of any deferrals in the future. Commissioner Carollo: And we want to change the bad culture, but some things that we've established that we changed at the beginning, now, I don't want to go backwards. Mr. Alfonso: I understand. Commissioner Carollo: Thank you. Chair Sarnoff And just -- Commissioner Carollo, thank you. You know, obviously, this has to come in at the appraised value, and if it doesn't and the bank doesn't -- Vice Chair Gort: Can't use it. City ofMiami Page 6 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Chair Sarnoff -- wish to -- Vice Chair Gort: Can't use it. Chair Sarnoff Right, -- it can't be done. But at least it shows efforts, concerns, and that neighborhood hasn't seen a park in (UNINTELLIGIBLE). Commissioner Carollo: Absolutely. Like you very well know, I recently did it, andl received a unanimous support, and l foresee me coming before this Commission again for something similar. Chair Sarnoff All right. Commissioner Carollo: Thank you. Chair Sarnoff So we had the Manager's stated changes to the agenda. Does anybody else wish to have any other changes made; otherwise, is there a motion? Commissioner Spence -Jones: So move. Vice Chair Gort: Second. Chair Sarnoff Motion by Commissioner Spence -Jones. Vice Chair Gort: Second. Chair Sarnoff Second by Commissioner Gort. All in favor, please say aye. The Commission (Collectively): Aye. Later... Chair Sarnoff Okay, I think we're at the consents. Commissioner Carollo: Mr. -- Chair Sarnoff You're recognized. Commissioner Carollo: -- Chairman, thank you. And as a point of order -- point of privilege -- I'm sorry -- I requested a time certain -- Chair Sarnoff Oh, yeah, I apologize. Commissioner Carollo: -- for 10 a.m., and that was after speaking with the Auditor General. However, it has come to my attention that some of the Park employees or some of the employees of the City of Miami actually wanted to be present for that presentation at 10 a.m. It would be impossible; could be 'cause they're actually working. Therefore, I am going to request that -- and if the Auditor General is okay with it -- we move it to either 2: 45 or 3 p.m. I know it has some similarities with -- even though it's different, but it has some similarity -- hiring practices -- with Commissioner Suarez' also discussion item or pocket item. So I would ask that instead of 10 a.m., we move it to either 2:45 or thereabouts, closer to, you know, the 3 p.m. mark since the employees would like to be present, if that's okay. Chair Sarnoff You're recognized. City ofMiami Page 7 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Commissioner Suarez: Thank you, Mr. Chair. Yeah. No, I agree; I think it makes sense to move it to that time for the reasons that the Commissioner stated. Chair Sarnoff Okay, we'll just do it -- Commissioner Carollo: And we have our Auditor General, so if he could come up and make sure he's okay, because he originally was the one who requested a time certain, so I just want to make sure he's okay with that. Theodore Guba (Independent Auditor General): Yeah, I'm fine with it. I'll be there in the afternoon. Chair Sarnoff And your name is? Vice Chair Gort: Who you are? Mr. Guba: Pardon me? Chair Sarnoff And your name is? Mr. Guba: I'm Ted Guba, the Auditor General. Chair Sarnoff See, we know that, but the microphone doesn't know that. Mr. Guba: Thankyou. Chair Sarnoff Thank you. Okay. Commissioner Carollo: Thankyou, Mr. Guba. City ofMiami Page 8 Printed on 11/14/2013 CA.3 13-01053 Department of Parks and Recreation CA.2 13-01065 Department of Public Works City Commission Meeting Minutes October 10, 2013 CA.1 13-00933 Department of Capital Improvements Program CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT PERPETUAL SIDEWALK EASEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM(S), FROM THE PRIVATE PROPERTIES LOCATED WITHIN THE PROJECT LIMITS LISTED ON "EXHIBIT A", ATTACHED AND INCORPORATED, ALLOWING THE CITY OF MIAMI ACCESS AND USE OF THE PROPERTIES FOR THE CONSTRUCTION AND MAINTENANCE OF VARIOUS ONGOING CAPITAL IMPROVEMENT PROJECTS. 13-00933 Summary Form.pdf 13-00933 Legislation. pdf 13-00933 Exhibit A. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0395 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A QUIT CLAIM DEED, IN SUBSTANTIALLY THE ATTACHED FORM, FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR THE TRANSFER OF SOUTHEAST 1ST AVENUE BETWEEN SOUTHEAST 5TH STREET AND SOUTHEAST 6TH STREET, MIAMI, FLORIDA, FROM FDOT TO THE CITY OF MIAMI ("CITY") STREET SYSTEM; FURTHER REQUESTING THAT FDOT RECORDS SAID QUIT CLAIM DEED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND PROVIDES A RECORDED COPY TO THE CITY. 13-01065 Summary Form.pdf 13-01065 Letter - FDOT Transfer Request. pdf 13-01065 Legislation. pdf 13-01065 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0396 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT FOR FISCAL YEAR 2013-2014 ENTITLED: "CHILD DAY CARE FOOD PROGRAM" AND ACCEPTING AND APPROPRIATING FUNDS, IN THE City ofMiami Page 9 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 ESTIMATED NOT TO EXCEED AMOUNT OF $80,000, CONSISTING OF ENTITLEMENT FUNDING ON A REIMBURSEMENT BASIS FROM THE FLORIDA DEPARTMENT OF HEALTH, BUREAU OF CHILDREN NUTRITION PROGRAMS, CHILD CARE FOOD PROGRAM ADMINISTERING FUNDS FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE CHILD AND ADULT CARE FOOD PROGRAM CFDA#10.558; AUTHORIZING THE CITY MANAGER TO ACCEPT SUCH ENTITLEMENT FUNDING ON A REIMBURSEMENT BASIS AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH SAID ENTITLEMENTAWARD FOR THE OPERATIONS OFAYEAR-ROUND FOOD SERVICE PROGRAM FOR PRESCHOOL AGED CHILDREN IN THE CITY OF MIAMI PARKS FROM OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014, WITH CONDITIONS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE OPERATIONS OF THE PROGRAM, WITH SUCH AUTHORIZATION REMAINING VALID AND OUTSTANDING EVEN IF THE ANTICIPATED ENTITLEMENTAWARD IS REDUCED OR INCREASED. 13-01053 Summary Form.pdf 13-01053 Back -Up Documents.pdf 13-01053 Legislation.pdf 13-01053 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0397 CA.4 RESOLUTION 13-01054 Department of Parks and Recreation A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "OUT OF SCHOOL TIME SNACK PROGRAM 2013-2014" AND ACCEPTING AND APPROPRIATING FUNDS, IN AN ESTIMATED AMOUNT NOT TO EXCEED $231,088, CONSISTING OF A REIMBURSEMENT GRANTAWARD RECEIVED FROM THE FLORIDA DEPARTMENT OF HEALTH, BUREAU OF CHILDREN NUTRITION PROGRAMS, ADMINISTERING FUNDS FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE CHILD AND ADULT CARE FOOD PROGRAM CFDA#10.558; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID REIMBURSEMENT GRANTAWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANTAWARD FOR THE CITY OF MIAMI'S OUT OF SCHOOL TIME SNACK PROGRAM ("PROGRAM") FROM OCTOBER 2013 THROUGH SEPTEMBER 2014; AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE OPERATIONS OF THE PROGRAM, WITH SUCH AUTHORIZATION REMAINING VALID AND OUTSTANDING EVEN IF THE ANTICIPATEDAWARD IS REDUCED OR INCREASED. 13-01054 Summary Form.pdf 13-01054 Back -Up Documents.pdf 13-01054 Legislation.pdf City ofMiami Page 10 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0398 Adopted the Consent Agenda Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF CONSENT AGENDA Chair Sarnoff All right, so ready for consent agenda? Is there a motion for the consent agenda, or does some -- one of the Commissioners wish to pull any of them? Commissioner Suarez: So move. Chair Sarnoff We have a motion by Commissioner Suarez. Commissioner Spence -Jones: Second. Commissioner Carollo: Second. Chair Sarnoff Second by Commissioner Spence -Jones and the tie goes to Carollo. Any discussion on the items? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. PUBLIC HEARINGS 9:00 A.M. PH.1 RESOLUTION 13-01059 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community and CITY MANAGER TO SUBMIT THE CITY OF MIAMI'S AMENDED ANNUAL Economic ACTION PLAN FOR FISCAL YEAR 2013-2014 TO INCLUDE SHELTER Development OPERATIONS AS AN ELIGIBLE EMERGENCY SOLUTIONS GRANT ("ESG") STRATEGY TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR REVIEW AND APPROVAL; ALLOWING ESG FUNDS, IN THE TOTAL AMOUNT OF $100,343.68, TO BE USED BY THE CITY OF MIAMI NEIGHBORHOOD ENHANCEMENT TEAM HOMELESS PROGRAMS, FOR SHELTER OPERATIONS/EMERGENCY HOTEL OR MOTEL FOR HOMELESS FAMILIES OR INDIVIDUALS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. City ofMiami Page 11 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 13-01059 Summary Form.pdf 13-01059 Notice to the Public.pdf 13-01059 Pre-Legislation.pdf 13-01059 Legislation.pdf Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0399 Chair Sarnoff Okay, PH.1. George Mensah: Good morning, Commissioners. George Mensah, director of Community Development. PH.1 is a resolution authorizing the City Manager to submit the City ofMiami amended annual action plan to include shelter operations as an eligible emergency solutions grant, and allowing the NET (Neighborhood Enhancement Team) Office homeless program to use $100, 343.68 for shelter operations and emergency hotels. Vice Chair Gort: Move it. Chair Sarnoff We have a motion by Commissioner Gort. Commissioner Suarez: Second. Chair Sarnoff Second by Commissioner Suarez. It's a public hearing. Anyone wishing to be heard, please step up. Mr. Cruz, you're recognized for the record. Mariano Cruz: Sure. It have to have public, to be public hearing, okay? Mariano Cruz, 1227 Northwest 26th Street, City ofMiami. No, I read so much money going on the homeless thing, andl walk the neighborhood, andl walk by 17Avenue, 9th Street, I see there that all Ladies of the Charity and the Mother of Calcutta, and the homeless are outside there, blocking the sidewalk, doing whatever they want. I know they got the Pottinger decision; you cannot touch them, but I see so much money going to all that, to all these funds. You got so much people making money out of that -- the bikini ad, the food and beverage tax -- everything is money, money, and the homeless still there in the neighborhood. Andl know because I drive --I don't drive. I use public transportation. I go walk the neighborhood there, andl see it every day there, people blocking the neighborhood and then you get so much money. I don't know how many salaries they get there. The Camillus House there, and then very few people using that, and then you get Ron Book, you know, the big lobbyist come here and asking, and everybody -- everything is money, money, money, money going. And the homeless still there, blocking 17th Street. Go right there, because I walk by there. I walk. I take Route 21 and then walk 7th Avenue, 17th Street to Jackson, andl see them every day there. Thank you. Chair Sarnoff Mr. Cruz, stay there for a second. What are you doing on October 23 at 2 o'clock? Mr. Cruz: What? Chair Sarnoff What are you doing on October 23 at 2 o'clock? Are you busy? Mr. Cruz: Let me think. What; you got a meeting? Chair Sarnoff Can you andl have a date? Vice Chair Gort: He's got to check his calendar. City ofMiami Page 12 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Mr. Cruz: No, what day of the week is the 23rd? Chair Sarnoff Well, I'll tell you in a minute. Let's see. Mr. Cruz: Let's find out; Tuesday, Wednesday? Vice Chair Gort: Wednesday. Chair Sarnoff Is it a Wednesday? Vice Chair Gort: Wednesday. Mr. Cruz: Oh, Wednesday, it's okay. I am free on Wednesday. Chair Sarnoff Okay. Mr. Cruz: Well, I am free every day. I am a master of my time. I am rich because I have time, the most important commodity, time. Chair Sarnoff I have something important for you to do. Mr. Cruz: Where? What meeting is that? Chair Sarnoff It's not a meeting; it's a hearing in front ofJudge Moreno. Mr. Cruz: Oh, Moreno. Oh, I know of (UNINTELLIGIBLE) Moreno. I knew when he was appointed judge. He's from Venezuela. Chair Sarnoff Okay. Mr. Cruz: I know him. Chair Sarnoff Okay, so if you want to listen to his thoughts on Pottinger and the blocking of sidewalks -- Mr. Cruz: Right. Chair Sarnoff -- you could be there front and center with a bunch of other people on October 23. I think it's at 2 o'clock; it might be 2: 30. Mr. Cruz: Okay, good. Chair Sarnoff But I just want you to know, this is a time when you can actually see the process at work. Mr. Cruz: The process going. And remember one thing: I am member of ACLU (American Civil Liberties Union) that takes care of the 1st Amendment. I am member ofNRA (National Rifle Association) that takes care of the 2ndAmendment, too. So I cover everything. Chair Sarnoff If you're a member of the ACLU, you'll be torn. Mr. Cruz: Sure. Chair Sarnoff Because they'll be on the other side of the dais. City ofMiami Page 13 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Mr. Cruz: Okay, thank you. Chair Sarnoff I may have -- it is, yeah, 2 o'clock; October 23. Mr. Cruz: Yeah, the federal court. Chair Sarnoff Right. Mr. Cruz: Downtown, okay. Chair Sarnoff Thank you. I just wanted to let you know. Mr. Cruz: Andl take public transportation. Chair Sarnoff Mr. Ortiz, you're recognized for the record. Javier Ortiz: I'm here right now as a Miami resident, 710 Southwest 12 Avenue. I support this measure. It's very important. I don't know what he's talking about. The Sisters of Calcutta, they do a great job, and all those organizations. We need more like them in order to get our homeless off the street, 'cause it's also a police problem. Thank you. Chair Sarnoff Thank you. All right, anyone else from the public wishing to be heard? Hearing none, seeing none, coming back to this Commission. We have a motion. We have a second. All in -- any discussion? All in favor, please say "aye.' The Commission (Collectively): Aye. PH.2 RESOLUTION 13-01055 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF POVERTY Economic INITIATIVE PROGRAM FUNDS TOTALING $190,500, IN THE AMOUNTS AND Development TO THE AGENCIES AS SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE PROGRAM ACTIVITIES FOR THE PROGRAM YEAR 2013-2014, BEGINNING OCTOBER 1, 2013, FROM ACCOUNT NO. 14010.910101.882000; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT(S), AND ALL OTHER NECESSARY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, IN FORM(S) ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCIES, FOR SAID PURPOSE. 13-01055 Summary Form.pdf 13-01055 Notice to the Public.pdf 13-01055 Legislation.pdf 13-01055 Attachment A SUB. pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0400 Chair Sarnoff Okay, PH.2. City ofMiami Page 14 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 George Mensah (Director, Community Development): Commissioner, PH.2 is the allocation of poverty initiative funds in the amount of 190, 500, and these are the first batch of the funds that makes the agencies whole and it's the same amount that we've given them the last few years -- last two years. Commissioner Suarez: Move it. Chair Sarnoff Motion by Commissioner Suarez. Commissioner Spence -Jones: Second, second. Chair Sarnoff Second by Commissioner Spence -Jones. (UNINTET,T IGIBT ,F), Let me open up a public hearing. Anybody wanting to be heard on PH.2, PH.2, please step up. Hearing none, seeing none, coming back to this Commission. Commissioner Spence -Jones, you're recognized for the record. Commissioner Spence -Jones: Good morning, George. I know we had our briefing on this. I just wanted to make sure there's an amendment to this particular item just for the additional funds that are from D5 (District 5), so just -- do you want me to put it on the record or --? Mr. Mensah: Yes, please. Commissioner Spence -Jones: Okay, all right, so from the reserve that I have, the 20k, I want to make sure that 10 goes to the Little Haiti Cultural Center for the seniors program for Little Haiti seniors; 5k -- Mr. Mensah: Commissioner, this typically will go to public facilities -- Commissioner Spence -Jones: Yes, that's what I'm saying -- Mr. Mensah: -- since they are entitled -- Commissioner Spence -Jones: -- public facilities -- Mr. Mensah: Okay. Commissioner Spence -Jones: -- which is a part of the Little Haiti Cultural Center. Five-K to De Hostos for their seniors programs, and strictly, it's for their events and activities, and then the other five goes to Community United for Hattie and the Hurricane Kids so they can continue their work for the seniors. Mr. Mensah: Okay. Commissioner Spence -Jones: And l just want to be clear, because I know in our briefing, we know that it's basically a direct pay, so they are actually presenting the invoices to be paid. Correct? Mr. Mensah: Yes, that's correct. Commissioner Spence -Jones: Because not -- this whole reimbursable thing is very (UNINTELLIGIBLE). Mr. Mensah: No, if they want to make any purchases, what they do is they get invoices from the vendor -- City ofMiami Page 15 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 PH.3 13-01057 Department of Community and Economic Development Commissioner Spence -Jones: No problem. I just want to make sure that it's -- Mr. Mensah: -- and we pay the vendors directly. Commissioner Spence -Jones: -- not a hindrance to get this. Mr. Mensah: Yes. Commissioner Spence -Jones: All right, that's it. So I guess I second it with amendments? Is that --? Chair Sarnoff Who is the mover? Todd B. Hannon (City Clerk): Commissioner Suarez. Commissioner Suarez: I moved it. Chair Sarnoff So he needs to accept the amendment. Commissioner Suarez: I accept the amendment. Chair Sarnoff The maker accepts; seconder made the amendment; any further discussion? All in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOWING THE WYNWOOD BREWING COMPANY LLC, TO AMEND THE EXISTING COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT LOAN AGREEMENT ("LOAN AGREEMENT), ATTACHED AND INCORPORATED, INCLUDING THEIR BUDGET, IN AN AMOUNT NOT TO EXCEED $119,000, TO INCLUDE RENT AND INVENTORY; AUTHORIZING THE CITY MANAGER TO AMEND SAID LOAN AGREEMENT AND TO EXECUTE SAID LOAN AGREEMENT AND ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-01057 Summary Form.pdf 13-01057 Notice to the Public.pdf 13-01057 Legislation.pdf 13-01057 Exhibit.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, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-13-0401 Chair Sarnoff PH.3. George Mensah (Director, Community Development): Commissioner, PH.3 is a resolution allowing Wynwood Brewing Company to amend the existing loan agreement to use an amount City ofMiami Page 16 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 not to exceed $119, 000 for rent and inventory payment, and in this particular case, the same thing; it's a direct pay, so we will pay the landlord directly and the vendor for the inventory directly. Chair Sarnoff All right, public hearing on PH 3. Anyone wishing to be heard on PH.3? Vice Chair Gort: Is there a motion? Chair Sarnoff Yeah, you're right. Let me take a -- is there a motion on PH.3 first? Commissioner Spence -Jones: So moved. Commissioner Suarez: Second. Chair Sarnoff Motion by Commissioner Spence -Jones; second by Commissioner Suarez. Let me open up a public hearing. Anyone from the public wishing to be heard on PH.3, please step up. Hearing none, seeing none, coming back to this Commission. Commissioner Spence -Jones: Mr. Chairman, I -- Chair Sarnoff You're recognized for the record. Commissioner Spence -Jones: -- know that Commissioner, what you wanted to just -- Vice Chair Gort: Well, my understanding is -- Commissioner Spence -Jones: -- make it clear about what's happening here. Vice Chair Gort: My understanding is the individual had received the funding; they spent their fundings [sic] originally on equipment, and we were supposed to be paid for, so that what they're requesting is that that funding be used now for rent instead of buying equipment. Mr. Mensah: That's correct. Vice Chair Gort: I don't have any problem with that. Vice Chair Gort: I wish them very successful, and whatever we can help them with, come to us. You saw some agencies that were here today. They're willing to provide assistance. I think it's very important. People need to realize you open a business, but a lot of times, you need assistance. I got -- in my business, I got my licenses, andl have to every year. I have to go to seminars, andl got to continue to take continuing education, which is very important. There's a lot of facilities there to help you, and we want you to be very successful. Chair Sarnoff All right, anyone else wishing to be heard? All right, all in favor, then please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. PH.4 RESOLUTION 13-01058 City ofMiami Page 17 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Department of Community and Economic Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF PROGRAM INCOME FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS GENERATED FROM APRIL 1, 2013 TO JULY 31, 2013, IN THE TOTAL AMOUNT OF $422,981.85, TO THE CATEGORIES SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-01058 Summary Form.pdf 13-01058 Notice to the Public.pdf 13-01058 Legislation.pdf 13-01058 Attachment A.pdf Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-13-0402 George Mensah (Director, Community Development): PH (Public Hearing) -- Chair Sarnoff PH.4. Mr. Mensah: -- 4 is the allocation of the program income for Community Development generated from April 1, 2013 to July 13, 2013 in the amount of 422,981 approximately to the categories that we established: 63,447 to public service, and this will be specifically for 2014 to 2015 fiscal year, as per regulation administration, 2013/2014 fiscal year, and then the Community Development reserve, 274, 000, 938,000 -- 38,000. Sorry. Chair Sarnoff All right, is there a motion? Commissioner Suarez: Move it. Chair Sarnoff We have a motion by Commissioner Suarez. Vice Chair Gort: Second. Chair Sarnoff Second by Commissioner Gort. It's a public hearing. Anybody wishing to be heard on PH.4, please step up. Mr. Cruz, you're recognized for the record. Mariano Cruz: Mariano Cruz. Actually, now I go to 801 Northwest 37 Avenue, the office of ABDA, Allapattah Business Development Authority. I know this money going, but the only thing I didn't see exactly, is the money spread a way evenly? Is ABDA getting a fair share? Because we have a lot of problems going there in ABDA, in Allapattah there, especially Little Santo Domingo, too, you know, going there. It's a -- we need all the money we can get there; legally, legal money, I mean. I don't going to be robbing a bank or anything, but, you know, money that we can use there, all right? So is money going there to Allapattah? All right, thank you. Chair Sarnoff Thank you. Mr. Cruz: That's it. Chair Sarnoff Anyone else wishing to be heard on PH.4, PH.4? Public hearing is now closed; coming back to this Commission, any discussion? Hearing no discussion, all in favor, please say City ofMiami Page 18 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 PH.5 13-01075 Department of Community and Economic Development "aye. The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE TRANSFER OF THE CITY OF MIAMI DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT NOT TO EXCEED $1,062,000; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI PUBLIC FACILITIES FOR THE ACQUISITION OF LAND FOR A GOLDEN PINES PARK LOCATED AT 2471 SOUTHWEST 32ND AVENUE, 2511 SOUTHWEST 32ND AVENUE, 3190 SOUTHWEST 24TH TERRACE AND 3186 SOUTHWEST 25TH STREET, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-01075 Summary Form.pdf 13-01075 Notice to the Public.pdf 13-01075 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0419 Chair Sarnoff Only thing see left is PH.6. Commissioner Suarez: PH.5, I think it is. Vice Chair Gort: We took a vote? Commissioner Spence -Jones: Yeah. Vice Chair Gort: I don't think we voted. Commissioner Suarez: Yeah, we did. Vice Chair Gort: We did? Chair Sarnoff Yeah, we passed -- Commissioner Carollo: We took the vote. Vice Chair Gort: All right. Commissioner Spence -Jones: P -- Chair Sarnoff PH.5. I apologize. I thought PH. 6 was PH.5. PH.5, which is a park for Golden Pines. Commissioner Suarez: Move it. City ofMiami Page 19 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Chair Sarnoff We have a -- Commissioner Carollo: Second. Chair Sarnoff -- motion by Commissioner Suarez. We have a second by Commissioner Carollo. I want you all to take significant note: Commissioner Carollo seconded that vote. Commissioner Carollo: And by the way, I -- there is one more item that I want to briefly take up, okay? Chair Sarnoff Okay. Commissioner Suarez: Mr. Chair, may I just say real quick? Chair Sarnoff Absolutely. Commissioner Suarez: 'Cause I think the Commissioner brought up a good point earlier in the meeting, which is that this is an allocation. This doesn't mean this is what we're going to pay for the park. They're in the process of doing the appraisals and, depending on that, we have a system, you know, that requires us to offer X'humber of dollars so -- but we're allocating the money, so we're moving the -- we're advancing the ball. This was going to be deferred and, thankfully, it's not going to be deferred today, so we're moving it forward. Thank you, Mr. Chair. Chair Sarnoff No. And what Commissioner Suarez, who I think is like a block away from that park, if that -- Commissioner Suarez: I think I'm -- Chair Sarnoff -- (UNINTELLIGIBLE). Commissioner Suarez: I think I've been drawn into that. I think I'm drawn into that district now. Chair Sarnoff Yeah. Commissioner Suarez: I think it's my park now, buddy. Chair Sarnoff It's true. Here's what we're saying. Just because we allocate this much money, doesn't mean we're going to get the park unless the bank agrees with the two appraisals. So we say we want to move forward, but we move forward cautiously in accordance with City practice and good practices they are, and that is that this park appraises at the number that we can pay for it, so I caution it. Hilda and to Golden Pines, they're going to have to accept what the appraised value of this park is. Commissioner Carollo: Right. So my second is subject to we follow all City rules -- Commissioner Suarez: Of course. Commissioner Carollo: -- and policies -- Chair Sarnoff Yeah, we are. Commissioner Carollo: -- with regards to that. Chair Sarnoff We are. City ofMiami Page 20 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Commissioner Carollo: Okay. Chair Sarnoff So I just want to bring that up. And that's what Suarez was saying and that's what Carollo's saying. We're saying here's the amount of money we would pay for it, but it's got to appraise at a number below that, and it must be at that number for us to buy the park for the bank to sell it. George Mensah (Director, Community Development): Commis -- Commissioner Carollo: Call the question. Chair Sarnoff All right, all in favor, please say aye." ToddB. Hannon (City Clerk): Chair, Chair. George Mensah (Director, Community and Economic Development): I'll -- Commissioner Suarez: It's a public hearing. Mr. Mensah: -- (UNINTET,TIGIBT,F). Commissioner, George Mensah, director of Community Development. I just want to add that it is not to exceed amount. Chair Sarnoff Right, meaning that's the cap -- Mr. Mensah: Yes. Chair Sarnoff -- and then it still has to come in at an appraised value. We will not go past the appraised value. Mr. Mensah: That's correct. Victoria Mendez (City Attorney): Chair, just in case, if we can open it to a public hearing. Chair Sarnoff Oh, I apologize. PH (Public Hearing) -- I apologize. Anybody wants to come up, PH.5, please step up. I apologize. You're right. We didn't make you wait all this time to listen about park employees. Gilda Rodriguez: Yes. My name is Gilda Rodriguez, resident of 2930 Southwest 25 Terrace. I'm president of Golden Pines. We want to thank you, the Commissioner, for allow us to talk and try to develop a neighborhood park. One thing that I want to mention is that the location is very good for both districts, District 4 and District 2. It's right in the boundaries. This location have been an eyesore for years, so it going to be improvement of the neighborhoods and every neighborhood will be able to enjoy that park. Also, the City is going to comply with their own goals of having what they say in Miami Neighborhood Comprehension [sic] Plan 2020, Objective PR-11, for Parks Recreation open space. The City should work to achieve a median term objective of providing a park within a ten-minute walk of every resident. This park is in the middle of the neighborhood so it would be an objective that you will be able to accomplish. Thank you very much. Chair Sarnoff Thank you. Commissioner Suarez: Mr. Chair, ifI may? Chair Sarnoff Yes. City ofMiami Page 21 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Commissioner Suarez: I think -- I'd like CD (Community Development) -- and by the way, Hilda did a great job of assisting the City in trying to help us with this. But I would like CD to talk to the neighbors about the possibility of acquiring the parcel on the north, as well. That's the parcel on the south. I'd like to see if they can acquire the parcel on the north, as well. Go ahead, Mr. Torre. Go ahead, just say what -- Henry Torre: Good afternoon, Commissioners. Henry Torre, director of Public Facilities. We are looking into that property now as we speak. It is owned by a private individual. Commissioner Suarez: Okay. Mr. Torre: So we're going to inquire about the availability of that property. Commissioner Suarez: The reason why -- I can elaborate a little bit more. But the reason -- the idea would be if we're able to acquire the north parcel, to close the street and make it a unified park. Commissioner Carollo: Understood. The only thing is that -- and I've already worked this process out in District 3. I usually don't let the public know that we're trying to acquire this because I don't want the price to now raise. Commissioner Suarez: But I -- Commissioner Carollo: That's the only reason that -- because all of a sudden, as soon as that owner knows that the City wants that and now we can make it a bigger park, I'm hoping that the price will not go up. Commissioner Suarez: Well -- Commissioner Carollo: That's the only thing that I was kind of like -- Commissioner Suarez: I hear you. I just think it's subject to two appraisals anyways, so it -- unfortunately for that owner, despite what he may want for the park, it's not -- he's not going to be able to determine what we can pay for it, so that's all had to announce. Mr. Torre: Commissioners, one last thing -- Commissioner Carollo: Call the question. Mr. Torre: -- I do want us to make sure that we all understand that any offer we make, any letter of intent, or any contracts always states that it is contingent upon meetings satisfactory of two appraisals, so that'll always happen. Chair Sarnoff All right. Commissioner Carollo: Well -- Chair Sarnoff So let me -- anybody from the public else -- anybody else from the public wishing to be heard, please step up. You are recognized for the record, ma'am. Rosa Palomino: Hi. I thank you. Rosa Palomino, 2852 Southwest 33rd Court. I'm also the vice president of Golden Pines. This has been an amazing endeavor. I thank all of you, because I've always said one thing that I think we're going to agree with: You cannot have a thriving city without thriving and strong communities. City ofMiami Page 22 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 PH.6 13-01147 Department of Capital Improvements Program Commissioner Suarez: That's true. Ms. Palomino: So this is going to be -- everyone's very happy. So, you know, thank you for everything that you did. We really appreciate it. Chair Sarnoff And, Rosa, we know you're the parks lady. Commissioner Carollo: Mr. Chairman. Chair Sarnoff Yes. Commissioner Carollo: Is this the old Swiss Chateau? Commissioner Suarez: Yes. Vice Chair Gort: Yes. Commissioner Suarez: That's it. Chair Sarnoff Yes. Commissioner Carollo: Yeah, I know it very well. Commissioner Suarez: That place was -- Chair Sarnoff It's a good piece of property. Commissioner Suarez: -- an eyesore. Vice Chair Gort: Now you can dance in the open area. Chair Sarnoff That's a good piece of property. All right, I'm going to close the public hearing on PH. 5. All in favor, please say aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AFTERA PUBLIC HEARING, WAIVING THE REQUIRED RESIDENT OR PROPERTY OWNER CONCURRENCE FOR TRAFFIC FLOW MODIFICATIONS, WHICH INCLUDE THE CONVERSION OF VARIOUS TWO-WAY STREETS TO ONE-WAY STREETS, AS DEPICTED IN THE ATTACHED EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE BUENA VISTA ONE WAY STREET CONVERSION AND SIGNAGE PROJECT, B-30891; FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF CAPITAL IMPROVEMENTS PROGRAM TO TRANSMITA COPY OF THIS RESOLUTION TO THE MIAMI-DADE COUNTY DEPARTMENT OF PUBLIC WORKS TRAFFIC ENGINEERING DIVISION TO CONSIDER THE PROPOSED TRAFFIC FLOW MODIFICATIONS. City ofMiami Page 23 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 5:00 PM. PH.7 13-00713 13-01147 Summary Form.pdf 13-01147 Notice to the Public.pdf 13-01147 Legislation.pdf 13-01147 Exhibit A.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION 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 -LEVEL APARTMENT 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 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 PH.8 13-00721 Office of Grants Administration Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PH.7 was deferred to the November 21, 2013 Commission Meeting at 5:00 p.m. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DESIGNATING AS A BROWNFIELD AREA, OR FINDING City ofMiami Page 24 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 PH.9 13-00722 Office of Grants Administration 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. 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 Spence -Jones, seconded by Vice Chair Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PH.8 was deferred to the November 21, 2013 Commission Meeting at 5: 00 p.m. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH 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 BROWNFIELDAREA BOUNDARY IF THE PROPERTY IS DESIGNATED, AND TO UNDERTAKE ANY OTHER NECESSARY RELATED PROCEDURES, NOTICES, AND REQUIREMENTS FOR SAID DESIGNATION. City ofMiami Page 25 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 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 Spence -Jones, seconded by Vice Chair Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PH.9 was deferred to the November 21, 2013 Commission Meeting at 5: 00 p.m. END OF PUBLIC HEARINGS ORDINANCES - SECOND READING SR.1 ORDINANCE Second Reading 13-01090 District 1- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 10/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Wifredo (Willy) Gort AMENDED, ENTITLED "BUILDINGS/CODE RELIEF PROGRAM", MORE PARTICULARLY BY AMENDING SECTION 10-70 TO EXTEND THE DEADLINE FOR THE CODE RELIEF PROGRAM; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 13-01090 Back -Up Code Sec. 10-70 SR.pdf 13-01090 Legislation (Version 2) SR.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 13411 Chair Sarnoff Okay, PHs (Public Hearings) are done now 'cause -- George Mensah (Director, Community Development): PH.5. Commissioner Suarez: 5. Chair Sarnoff Well, 5 is going to be heard at 4: 30, or I'm going to try to let the Commission go a little longer so that the people could show up. Mr. Mensah: Oh, okay. Chair Sarnoff So we are now on -- PH. 6 was withdrawn; PH.7 and 8 and 9 have been City ofMiami Page 26 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 continued. SR.1. I think this is you, Commissioner Gort; Page 13. Vice Chair Gort: SR.1? Chair Sarnoff This is the -- Daniell Alfonso (Acting City Manager): SR.1 is the second reading -- Chair Sarnoff Code. Mr. Alfonso: -- on the ordinance amending the Chapter 10 of the Code of the City ofMiami, Florida, entitled "Building Code Relief Program, " so it is to extend the program. Vice Chair Gort: Right. If you recall, we had a lot of individuals come to us that they needed to put up today the -- we had this program, and we adopt it for a year, and then it sunset. And the reason we're asking to request, people were not aware of it. One of the things that I'm asking is the Code Enforcement inspector be informed of this new amnesty program that we have, so whenever they come into a business and they see a violation, they can tell people, "There's a way to fix your violation; this is a procedure that you can use." But I think it's very important that our people know about the program. I mean, we pass the program and we pass the resolution here, but the information does not get to the public, which is something I'm going to address later on in my pocket item. Chair Sarnoff You're recognized for the record; go ahead. Peter Iglesias: Morning, Commissioners. Peter Iglesias, Building director. We have no issue with the extension of the Building Code Relief Program to August 1, 2015. I think it would allow a number of structures to be legalized. Chair Sarnoff Okay, we have a motion. Did we? No, we don't. Commissioner Suarez: Move it. Vice Chair Gort: Move it. Chair Sarnoff We have a motion by Commissioner Suarez; second by Commissioner Gort. It's a public hearing. Anybody wishing to be heard on SR.1, SR.1, code relief please step up. Hearing none, seeing none, coming back to this Commission; any further discussion? All in favor, then -- ToddB. Hannon (City Clerk): Excuse me, Chair. Chair Sarnoff Oh, I apologize. It's an ordinance, Madam City Attorney. Victoria Mendez (City Attorney): Yes, Mr. Chairman, but I just wanted to clarify. At the last meeting, we had mentioned that we needed to reinstate the program. We do not need to reinstate. We just have to extend. I just wanted to clarify that for the record that the program is alive and well, but we just have to extend the time period, as Commissioner Gort described, in order to let people avail themselves of this program. The ordinance was read by title into the public record by City Attorney. Mr. Hannon: Roll call on item SR.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. City ofMiami Page 27 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 SR.2 13-00359 ORDINANCE Second Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Marc 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, David Sarnoff ENTITLED "BUILDINGS" , MORE PARTICULARLY BY CREATING ARTICLE VII ENTITLED "SECURITY SCREENS AND SHUTTERS", SECTIONS 10-111 THROUGH 10-114, WITH RESPECT TO SECURITY SCREENS AND SHUTTER REGULATIONS IN THE COCONUT GROVE CENTRAL COMMERCIAL DISTRICT AND THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT; ADDING NEW TITLES, PROCEDURES, DEFINITIONS, AND CRITERIA; AND ADDING TIMELINES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 13-00359 Legislation (Version 6) SR.pdf Motion by Chair Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo 13412 Chair Sarnoff Okay, SR.2. SR.2 was the ordinance, if you all will remember, that brought on a sort of -- I guess it was District 2-wide level, and that was regarding security screens and shutters. Vice Chair Gort: Right. Chair Sarnoff It's now been tailored down just to the central business district of the Grove, because that is where we've been able to have enough outreach. And I'd like to show you a PowerPoint presentation. Okay, so if you look at what the security experience could be, this is -- these are what we call completely non -opaque bars to what think is a security issue and a darkness issue, because if you're walking by a building like this, not everybody opens at the same time, and if your building and your restaurant or your retail establishment is right next door to it, it's really pretty unfair to do to you. So go to the next picture. And some of these security screens are extremely old and are in pretty bad repair and are also graffiti magnets, if you will. This is what the big dilemma was. These are what we the opaque security shutters, and right next to it, you could see a non -opaque security shutter. So what we've done between first and second reading -- go to the next one -- we've agreed to allow the security shutters to go on the inside of the window, and you could see the difference the pedestrian experience would have with an inside the shutter -- inside -the -storefront and behind -the -window experience. It obviously gives the security needed, but it gives you a much better pedestrian experience. But I'd like to show you sort of what you're seeing around the Grove. We have a program in Coconut Grove that pays for, in part, the -- I like to refer to them as the hurricane windows, because these are the windows that obviously don't need shutters for hurricanes -- Commissioner Suarez: Impact. Chair Sarnoff -- and they -- impact glass, thank you. And this particular -- if you look at the brand-new place, I think it's called Strada's, which just opened up -- I recommend you all go there; a great Italian restaurant -- they are the recipient of a grant. And if you couple that grant together with -- if you remember that program that we started, (UNINTET,TIGIBT,F) -- what was that called, Francis? The -- City ofMiami Page 28 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Commissioner Suarez: The Pace program? Chair Sarnoff Yes, Pace program. Essentially, you're not going to pay but about 20 to 25 percent of the cost associated therewith. So this particular ordinance in the Grove would regulate these opaque structures, would phase them out in two years, would phase out the opaque structures in three years, but would allow interior -- this right here -- the interior structures to be in place, and if there were an alcove -- andl don't think there are any in the Grove -- but if there were an alcove, you could actually put that up sort of like a decorative structure so that your doorway wouldn't be a sleeping quarter for a possible homeless person. So with that, Commissioner Gort, I'm going to pass the gavel to you, and I'm going to move the item. Commissioner Suarez: Second. Vice Chair Gort: Okay, there's a motion by Commissioner -- Chairman Sarnoff, second by Commissioner Suarez. Public hearing. Yes, sir. Mariano Cruz: Public hearing. Vice Chair Gort: You're recognized. Mr. Cruz: Mariano Cruz, 1227 North 26th. I live in Allapattah, but I deliver the mail in '81 down Commodore Plaza, around there when it used to be the old Playhouse, everything, and it's a very different Grove now. It's a different thing. Andl agree with you, but sometimes I agree with you. I mean that. But the main thing is also the implementation of the ordinance, helping maybe make it even, even (UNINTELLIGIBLE) somebody hotspot, you know, somebody working in another one, but it's very important (UNINTELLIGIBLE) on the security. I agree with the ordinance. Thank you. Chair Sarnoff Thank you. Vice Chair Gort: Anyone else, discussion? I would. I been in downtown all my life, andl grew up when downtown was the place to go, andl think we should go back to Flagler and downtown being the place where everybody should be going to. It's -- we worked very closely with all the merchants in the past, and we tried to get them to adapt to the changes that were taking place in downtown. Unfortunately, it was very difficult to do so, andl think that those changes are beginning to take place. One of the main worries that we had in downtown Miami was not people living in downtown, so the shopping was not -- it was not there. So now, we do have people living there. So I think it's very important. One of the things that was recommended -- andl think you took it out -- the pedestrian walk. My suggestion is there should be, maybe to start, one Friday a month, close Flagler Street; have some kind of arts, civic or something like that, make people come to downtown. You've had events there where you had the antique cars; you closed it on a Saturday, and it's been very successful. You need to create events to bring people there, and downtown is going to need it. Flagler Street is going to need it 'cause the competition, in the next two years, is going to be very large. Chair Sarnoff And just so you know, Commissioner, the reason I didn't bring this up for downtown Miami -- 'cause I saidl would reach out to all the merchants -- Vice Chair Gort: Right. Chair Sarnoff -- and we just haven't -- we have not completed that task. Hopefully, by the beginning of next year, we'll have completed that task, and hopefully, with the modifications we made here, they can accept it. City ofMiami Page 29 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Vice Chair Gort: I hope so, because I have -- I know a couple of merchants there that they were worried, and the problem is a lot of times, when you find -- even though, if you try to get to everyone -- I think you've been to a terrific experience in the last month with the program you had for Brickell. I know all the public hearings you had in Brickell for the trees and all the special -- and professionals that gave you the information with what type of trees should be knocked down, how should it be replaced, and yet, it became a bigger problem. So -- Chair Sarnoff You can't satisfy everyone. Vice Chair Gort: You can't, no. One thing you learn in here, you're not going to please everybody. You got to do what you think is best for the majority of the people. Any further discussion? Yes, sir. Commissioner Suarez: Thank you, Mr. Chair. Yeah, I think there's always a balance, and it's a difficult balance between what our vision is for a certain area and a community and what the stakeholders in that community can bear, and it's a tension some -- it can be a tension at times, and it's just very difficult sometimes to navigate, 'cause you know what you want to see, and you know what you think is best for the community, but you got to work with the stakeholders who are there to get them to buy in, I think, andl think it's good that the -- you know, that the Coconut Grove community has bought in, and hopefully, downtown will buy in too, because I do think that at the end of the day, it is extremely beneficial for those two commercial areas to have -- to go away from, you know, those kinds of metallic shutters and go to impact glass, because it's going to be more beautiful. It's going to improve the area dramatically, andl think those are two areas that could use a little bit of a facelift, and if they have it, I think they could be very, very bustling business communities for the City. Chair Sarnoff You know -- Vice Chair Gort: I would -- I'm sorry, go ahead, Mr. Chairman. Chair Sarnoff -- (UNINTELLIGIBLE) say, interestingly enough, we looked at two cities, two very different cities. We looked at Dublin, Ireland, which about four years ago passed an ordinance very similar to this that did away with these shutters, and they said, "Oh, in Dublin, that could never happen because, you know, people drink late at night and you know" -- well, whatever, and it's worked great in Dublin, Ireland. Commissioner Suarez: Irish people drink? Chair Sarnoff Yeah, in Dublin, I think they do a little drinking. And the other city we looked at, interestingly enough, was Detroit, and who would think Detroit actually has an ordinance that doesn't allow this? It's new. It's about two years old. And even they have said, `If you're going to have economic redevelopment, you need to employ best practices," and this is a best practice. Commissioner Suarez: Yeah, and, you know, again, I think we've -- many of us have traveled around the world, and we've seen downtowns that are vibrant, and the vibrant downtowns that I've seen are downtowns where the people were walking or interacting with the storefronts, andl think sometimes, when you see this, it cuts off the interaction. Vice Chair Gort: Andl have to tell you, the trolley service that began as one route, two routes, my hands [sic] off to all of us, 'cause right now, we can connect the whole City to Allapattah, health district, Overtown, Coral Way, Coral Gables and downtown Miami and the Biscayne area. So I think that was a good job. Any further discussion? Being none, this is an ordinance. The Ordinance was read by title into the public record by City Attorney. City ofMiami Page 30 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 ToddB. Hannon (City Clerk): Roll call on item SR.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READING FR.1 ORDINANCE First Reading 13-01146 District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Marc 14, ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS David Sarnoff AMENDED, ENTITLED "DOWNTOWN DISTRICT, MORE PARTICULARLY BY CREATING A NEW DIVISION 3 ENTITLED "DOWNTOWN PEDESTRIAN PRIORITY ZONE", CONTAINING SECTIONS ESTABLISHING THE DOWNTOWN PEDESTRIAN PRIORITY ZONE, SETTING BOUNDARIES, ESTABLISHING STANDARDS FOR PEDESTRIAN COMFORT AND SAFETY, AND PROVIDING THAT THIS DIVISION SHALL GOVERN IN THE EVENT OF CONFLICTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-01146 Back -Up Documents.pdf 13-01146 Legislation FR.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item FR.1 was deferred to the December 12, 2013 Commission Meeting. FR.2 ORDINANCE First Reading 13-01064 Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Management and ORDINANCE NO. 6432, ADOPTED SEPTEMBER 2, 1959, AS Budget SUBSEQUENTLY AMENDED, ENTITLED "THE MIAMI FIRE FIGHTERS' RELIEF AND PENSION FUND", TO IMPLEMENT THE 2012-2014 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF MIAMI AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL587; PROVIDING FOR THE TRANSFER OF CHAPTER 175 PREMIUM TAX REVENUES RECEIVED IN 2013 AND 2014 FROM THE MIAMI FIRE FIGHTERS' RELIEF AND PENSION FUND TO THE CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 13-01064 Summary Form SR.pdf 13-01064 Legislation FR/SR.pdf Motion by Commissioner Suarez, seconded by Vice Chair Gort, 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 City ofMiami Page 31 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Chair Sarnoff Okay, I think we're up to FR.2. Christopher Rose: Good morning, Commissioners. Chris Rose, Office of Management and Budget. Item FR.2 is an ordinance of the Miami City Commission amending Ordinance Number 6432, adopted September 2, 1959, as subsequently amended, entitled "The Miami Fire Fighters' Relief and Pension Fund, " to implement the 2012-2014 collective bargaining agreement between the City ofMiami and the IAFF (International Association of Firefighters); providing for the transfer of Chapter 175 premium tax revenues received in 2013 and '14 from the Miami Fire Fighters' Relief and Pension Fund to the City of Miami Firefighters' and Police Officers' Retirement Trust. Commissioner Suarez: Move it. Chair Sarnoff All right. Vice Chair Gort: Yeah. Chair Sarnoff Is there a -- we have a motion by Commissioner Suarez; second by Commissioner Vice Chair Gort: Second. Chair Sarnoff -- Gort. It's a public hearing; anybody wishing to be heard? Mr. Suarez, you're recognized for the record. Robert Suarez: Robert Suarez, Miami Association of Firefighters. Commissioner, this is part of the labor agreement that we signed last year that moves $3.38 million out of the firefighters' benefits for their retirement and moves it into the Fire and Police Retirement Fund to reduce the City's contribution for a savings of about $3.3 million to the City. The one thing that I'll mention that I now the Administration is aware of there are some modifications that you'll see on second reading to the ordinance that are IRS (Internal Revenue Service) compliance language that was required to be at the next change of the ordinance to be included in there. It's mostly technical stuff it's not substantive, but definitions and IRS compliance language and that sort of stuff that you'll see on the second reading. Chair Sarnoff All right, anyone else from the public wishing to be heard on FR.2? Hearing none, seeing none, coming back to this Commission. We had a motion and a second; am I right? ToddB. Hannon (City Clerk): Yes, sir. Chair Sarnoff Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by City Attorney. Mr. Hannon: Roll call on item FR.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 5-0. END OF ORDINANCES - FIRST READING RESOLUTIONS RE.1 RESOLUTION City ofMiami Page 32 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 13-01060 Department of General Services Administration RE.2 13-01061 Department of Fire -Rescue A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE SOLE SOURCE CONTRACT NO. 12-13-014, SITEOMAT FUEL MANAGEMENT SYSTEM, IN AN AMOUNT NOT TO EXCEED $2,500, THEREBY INCREASING THE CONTRACT CAPACITY FROM AN AMOUNT NOT TO EXCEED $52,787 TO AN AMOUNT NOT TO EXCEED $55,287; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND AHA ELECTRONIC & FUEL SYSTEMS, INC., FOR SAID PURPOSE. 13-01060 Summary Form.pdf 13-01060 Back -Up Document - Invoice.pdf 13-01060 Pre-Legislation.pdf 13-01060 Legislation.pdf 13-01060 Exhibit.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-13-0403 Chair Sarnoff All right, we're up to resolutions, so we will commence with RE.1. Rick Falero: Good morning. Rick Falero, director of GSA (General Services Administration). Resolution of the Miami City Commission, with attachments, authorizing an increase in the sole source contract number 12-13-014, Siteomat Fuel Management System, in the amount not to exceed $2, 500. Chair Sarnoff All right, is there a motion? Commissioner Spence -Jones: So moved. Chair Sarnoff Motion by Commissioner Spence -Jones. Is there a second? Commissioner Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. Any discussion on the matter? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "FISCAL YEAR 2013 - DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA"), URBAN SEARCH AND RESCUE COOPERATIVE AGREEMENT," AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $1,152,154, CONSISTING OF A GRANT FROM FEMA TO BE USED BY THE DEPARTMENT OF FIRE -RESCUE TO ACQUIRE EQUIPMENT, TRAINING, SUPPORT, ADMINISTRATIVE AND PROGRAM City ofMiami Page 33 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 MANAGEMENT, EQUIPMENT CACHE PROCUREMENT, MAINTENANCE AND STORAGE; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT. 13-01061 Summary Form.pdf 13-01061 US&R Cooperative Agreement.pdf 13-01061 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez RE.3 13-01062 Department of Capital Improvements Program R-13-0404 Chair Sarnoff All right, RE.2. Maurice Kemp. Good morning. Maurice Kemp, Fire Chief. RE.2 is a resolution of the Miami City Commission establishing a new special revenue project entitled "Fiscal Year 2013-Department of Homeland Security, FEMA (Federal Emergency Management Agency), Urban Search and Rescue Cooperative Agreement," appropriating funds in the amount of one -point -one -five -two -one -five -four, consisting of a grant from FEMA to be used by the Department of Fire -Rescue for our Urban Search and Rescue program. It's our annual allotment from FEMA for that program. Commissioner Spence -Jones: So moved. Commissioner Carollo: Second. Chair Sarnoff Motion by Commissioner Spence -Jones; second by Commissioner Carollo. Any discussion? Hearing no discussion, all in favor, please say "aye. " The Commission (Collectively): Aye. Chief Kemp: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED JULY 15, 2013, PURSUANT TO INVITATION TO BID ("ITB") NO. 12-13-047, FROM SHORELINE FOUNDATION, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE MIAMI STADIUM MARINA BULKHEAD REPLACEMENT PROJECT, B-30689, IN THE AMOUNT OF $1,214,551, FOR THE SCOPE OF WORK, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $121,455.10, FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $1,336,006.10; ALLOCATING FUNDS IN THE AMOUNT OF $1,336,006.10, FROM CAPITAL IMPROVEMENT PROJECT NO. B-30689; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. City ofMiami Page 34 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 13-01062 Summary Form.pdf 13-01062 Legislation.pdf 13-01062 Exhibit.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez RE.4 13-01063 Department of Capital Improvements Program R-13-0405 Chair Sarnoff All right, RE.3 Mark Spanioli: Good morning, Commissioners. Mark Spanioli, director of Capital Improvements and Transportation Program. RE.3 is a contract award to Shoreline Foundation in an amount not to exceed $1, 336, 000 for the Miami Stadium Arena Bulkhead Replacement Project. It's a District 2 project; any questions? Vice Chair Gort: Move it. Commissioner Spence -Jones: So -- Chair Sarnoff We have a motion by Commissioner Gort; second by Commissioner Spence -Jones; any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN ADDITIONAL OWNER CONTINGENCY ALLOWANCE TO PEREZ-GURRI CORPORATION D/B/A N&J CONSTRUCTION, FOR THE CARIBBEAN MARKETPLACE RENOVATIONS PROJECT, B-30671, TO COVER THE NECESSARY WORK FOR RECENTLY DISCOVERED UNFORESEEN ROOF AND STRUCTURAL DAMAGE/DEFICIENCIES, IN AN AMOUNT NOT TO EXCEED $48,110.83, THEREBY INCREASING THE AWARD VALUE FROM $883,582.45, TO AN AMOUNT NOT TO EXCEED $931,693.28; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENT PROJECT NO. B-30671, SUBJECT TO BUDGETARY APPROVAL. 13-01063 Summary Form.pdf 13-01063 Pre-Legislations.pdf 13-01063 Legislation.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-13-0406 Direction by Commissioner Spence -Jones to the City Manager to look at other options for signage on the outside of the building for the Caribbean Marketplace, and to provide a report on whether or not resources from the Miami Sports and Exhibition Authority (MSEA) can be used City ofMiami Page 35 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 towards signage on the outside of the building. Chair Sarnoff RE.4. Mark Spanioli (Director, Capital Improvements Program): Commissioners, RE.4 is a request for additional contingency in the amount of $48,110 for the Caribbean Marketplace Renovations Project. Commissioner Spence -Jones: So move. Commissioner Carollo: Second. Chair Sarnoff Motion by -- Commissioner Spence -Jones: Discussion. Chair Sarnoff -- Commissioner Spence -Jones; second by Commissioner Carollo; any discussion? Commissioner Spence -Jones: Yes. Chair Sarnoff You're recognized for the record, Commissioner Spence -Jones. Commissioner Spence -Jones: I just want to say to the Manager in regards to, you know, finally, we're getting to a place as the Caribbean Marketplaces [sic] will be, you know, completed after almost -- close to 20 years of being closed, so it's a very exciting time for Little Haiti right now. One of the things that I ask in our closeout meetings of all my CIP (Capital Improvements Program) projects is to identify possible resources to assist with the signage on the outside of the building, because, as you know, and l just want my fellow Commissioners to know, as they got inside of the project -- inside of the building, they realized that it was a lot more -- there are a lot more issues on the inside of the building, which caused us to have to put more money into it, and these dollars were dollars that, you know, we wanted to perhaps utilize to maybe perhaps do the signage. So I just wanted to direct the staff or the City Manager to look at other options for signage on the outside of the building, 'cause it's going to be important for people to know what exactly is happening in the cultural complex. I believe probably about two years ago, we got resources or we were slated to get resources from the MSEA (Miami Sports and Exhibition Authority) amount, andl don't know if that ever actually happened, so I want to see if we can revisit, making sure that that actually happens. I think we passed a resolution on it and everything, and maybe perhaps those dollars can be used towards the signage on the outside of the building, so that's the only thing wanted to request. So Mr. Manager, if you can give me a report on that and -- Daniel Alfonso (Acting City Manager): We will look into the -- Commissioner Spence -Jones: -- I would really appreciate it. Mr. Alfonso: -- MSEA allocation that was done and feed -- and give you back the feedback. Commissioner Spence -Jones: Okay, no problem. Mr. Alfonso: Give you (UNINTELLIGIBLE). Commissioner Spence -Jones: And then on -- and then, Henry, regarding the management, I was -- again, we wanted to put it out to RFP (Request for Proposals) for a vendor to just run and operate it, and the City generate revenue from it, but I understand that we cannot do that now, City ofMiami Page 36 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 correct? I just want you to put it on the record, and I just want to make sure there's a plan to operate this thing. Henry Torre: Good morning, Commissioners. Henry Torre, director of Public Facilities. Commissioner, we are going through -- with Legal on that. There is a specific management agreement that has -- since it was built with bond dollars, we have to have some inclusions in the RFP, so we're working through that process now. It is our intent and our plan to have that RFP completed in the next couple months, and we would like to have an operator early part of next year. Commissioner Spence -Jones: Okay, so you are going to? Mr. Torre: Yes. Commissioner Spence -Jones: Okay, wonderful. Mr. Torre: We're working towards that. Commissioner Spence -Jones: All right, thank you. Mr. Torre: You're welcome. Chair Sarnoff All right, so we had a motion. We had a second. You're recognized for the record, Commissioner Carollo. Commissioner Carollo: Real quick, Mr. Chairman. What was the damage? Mr. Spanioli: The damage that Commissioner Spence -Jones is referring to, there was a number of unforeseen elements that occurred while we -- when we actually got into the building and started doing construction. The building had roof repairs that needed to be done. When we got into the roof we found that there were some skylights that had additional damage that wasn't shown in the plans, and it wasn't an omission; it really wasn't going to be able to be discovered until we actually got into the roof and removed the coatings and got into it. In addition, there was some strap beams, some concrete beams that were behind some of the walls that could not be seen until we actually started doing the interior demolition getting into the building. There was also some plumbing issues. When we cut the slabs open, we found that there were some plumbing problems in some of the sanitary lines, so it was a number of issues that just would not have been able to been found until we actually started cutting into the slab, cutting into the walls, and getting into the roof. Commissioner Carollo: Thank you. Chair Sarnoff All right, any further discussion? Then all in favor, please say "aye. The Commission (Collectively): Aye. RE.5 RESOLUTION 13-00795 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO INSTITUTE ANY AND ALL ACTIONS 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 ALL APPLICABLE LAWS, WHETHER FEDERAL, STATE OR LOCAL, City ofMiami Page 37 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 REGARDING SIGNAGE. 13-00795 Summary Form.pdf 13-00795 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.6 13-00796 City Manager's Office RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN 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 Spence -Jones, seconded by Vice Chair Gort, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.7 13-00797 City Manager's Office RESOLUTION 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 TRANSPORTATIONS 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 Spence -Jones, seconded by Vice Chair Gort, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.8 RESOLUTION 13-00955 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A TEMPORARY CONSTRUCTION EASEMENT, AN AERIAL EASEMENT AND A City ofMiami Page 38 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 SUBSURFACE AND MAINTENANCE EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM(S), ALONG THE CITY OF MIAMI RIGHT OF WAY KNOWN AS SOUTHEAST 6TH STREET BETWEEN SOUTH MIAMI AVENUE AND SOUTHEAST 1ST AVENUE, MIAMI, FLORIDA, IN CONNECTION WITH THE SPECIAL AREA PLAN AND DEVELOPMENT AGREEMENT ENTERED INTO ON OCTOBER 19, 2011, WITH SWIRE PROPERTIES, INC. ("SWIRE") FOR THE BRICKELL CITYCENTRE PROJECT, WITH BRICKELL CITYCENTRE PROJECT LLC CONTRIBUTING FUNDS IN THE AMOUNT NOT TO EXCEED $536,310.00 TOWARDS THE LANE CLOSURE FUND AND FUNDS IN THE AMOUNT NOT TO EXCEED $771,544.65 TOWARDS FUTURE CAPITAL EXPENDITURES, FOR A TOTAL CONTRIBUTION NOT TO EXCEED $1,307,854.65; FURTHER AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO ACCOMPLISH THE GRANTING OF SAID EASEMENTS, AS STATED HEREIN. 13-00955 Summary Form.pdf 13-00955 Legislation (Version 3).pdf 13-00955 Exhibit.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0407 Chair Sarnoff RE.8. Nzeribe Ihekwaba: Good morning, Zerry Ihekwaba, Public Works director. RE.8 is a resolution to authorize the conveyance of a temporary construction easement, a permanent aerial easement, and a permanent subsurface and maintenance easement, in the amount of $1.307 million, along the City right-of-way known as Southeast 6th Street, between Southeast 1st Avenue to South Miami Avenue to the adjoining landowners of Brickell Citycentre Project. Commissioner Suarez: Move it. Chair Sarnoff We have a motion by Commissioner Suarez. Vice Chair Gort: Second. Commissioner Spence -Jones: Second. Chair Sarnoff Second by Commissioner Spence -Jones. Mr. Ihekwaba: I didn't finish yet. There's a minor floor amendment on the title of the resolution, itself. The -- from -- on the loth line from the top, it says "with Swire Prop. (Properties) contributing funds." That should read "Brickell Citycentre Project, T,T C (Limited Liability Company)." Commissioner Suarez: As amended. Mr. Ihekwaba: As amended. And also, the amount, 771, 000, has two extra zeroes that need to be deleted. Commissioner Suarez: As amended. City ofMiami Page 39 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Chair Sarnoff The maker accepts the amendment. Commissioner Suarez: Twice. Chair Sarnoff Seconder accepts? Commissioner Spence -Jones: Yes. Chair Sarnoff Seconder accepts. Any further discussion? All in favor, please say "aye. The Commission (Collectively): Aye. Chair Sarnoff Okay. Commissioner Suarez: Brilliantly presented. RE.9 RESOLUTION 13-01120 District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner ATTACHMENT(S), WAIVING THE PROHIBITIONS IN SECTION 2-11.1 OF Wifredo (Willy) Gort THE CODE OF MIAMI-DADE COUNTY AND APPROVING ACCEPTANCE OF THE PAYMENT OF TRAVEL EXPENSES BY CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS, INC. FORA BUSINESS DEVELOPMENT MISSION TO PARAGUAY, AS STATED IN EXHIBIT "A", ATTACHED AND INCORPORATED, WHICH MISSION IS FOR THE USE AND BENEFIT OF THE CITY OF MIAMI; AUTHORIZING COMMISSIONER WIFREDO (WILLY) GORT TO REPRESENT THE CITY OF MIAMI IN THIS BUSINESS ENDEAVOR; DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE MIAMI-DADE COMMISSION ON ETHICS. 13-01120 Legislation.pdf 13-01120 ExhibitA.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-13-0408 Chair Sarnoff RE.9; ah, Paraguay. Vice Chair Gort: Resolution. Would you read it, Madame; would you read it? Victoria Mendez (City Attorney): It's a resolution of the Miami City Commission, with attachments, waiving the prohibitions in Section 2-11.1 of the Code ofMiami-Dade County and approving acceptance of the payment of travel expenses by Camara de Comercio Latina de los Estados Unidos, Inc. for a business development mission to Paraguay, as stated in Exhibit "A," attached and incorporated, which mission is for the use and benefit of the City ofMiami; authorizing Commissioner W fredo (Willy) Gort to represent the City of Miami in this business endeavor; directing the City Clerk to transmit a copy of the resolution to the Miami -Dade Commission on Ethics. Commissioner Suarez: Move it. Chair Sarnoff Motion by Commissioner Suarez. City ofMiami Page 40 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 RE.10 13-01173 Commissioner Spence -Jones: Second. Chair Sarnoff Second by Commissioner Spence -Jones. Commissioner Gort is recognized for the record. Vice Chair Gort: I'd like to explain the -- this is the 35th Hemispheric Congress meeting that's going to take place. Hemispheric Congress is composed of 26 countries through the Chamber of Commerce; not like in here in the United Stated, in Latin America and Central America, Chamber of Commerce are very powerful. If there's anyone that wants to take a license to conduct business, they have to go through the Chamber of Commerce. And the importance of this is -- I'm the chairman of the Hemispheric Congress here in Miami. But at the same time, every year a different country gets to be the president of the next year's convention that going to take place. At the beginning, our goal was to get the trade agreements between the different countries and the United States, and the reason we're going to Paraguay, because next year's Hemispheric Congress, the presidents goes into Paraguay. That's why the meeting that it has before -- the organizing meeting that takes place the year before is going to take place in Uruguay. Chair Sarnoff Well, Commissioner, I applaud you on putting a resolution in front of this Commission; good idea, having been there once myself didn't know you could do it, but, hey, now I do. Any discussion on this? We had a motion. We had a second. All in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION District3- A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE Commissioner Frank INDEPENDENT AUDITOR GENERAL ("IAG") OF THE CITY OF MIAMI TO Carollo INVESTIGATE THE ALLEGATIONS MADE BY A CITY OF MIAMI PARKS AND RECREATION DEPARTMENT EMPLOYEE AT THE SEPTEMBER 26, 2013 CITY COMMISSION BUDGET MEETING, FOR ANY ALLEGED ACTS OF WRONGDOING OR MISCONDUCT; FURTHER DIRECTING THE IAG TO REPORT ANY FINDINGS TO THE CITY COMMISSION NO LATER THAN THE NOVEMBER 21, 2013 CITY COMMISSION MEETING. 13-01173 Legislation.pdf Motion by Commissioner Carollo, 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-13-0418 Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized for the record. Commissioner Carollo: Thank you. I see our Auditor General still sitting there. I know we deferred till about 2: 45, 2: 50. I know he wants to get back to work, but he actually asked me, "Do you think should, " you know, "be around?" But he's got things to do, and I just want to make sure that no one is expecting him to be here until that time, 2: 45, 2: 50. Vice Chair Gort: Go back to work. City ofMiami Page 41 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Commissioner Suarez: I don't think we have anything else to do here. Commissioner Carollo: Yeah, 'cause I -- he -- you know, as a true accountant, he was saying, "Do I need to sit here? I mean, I have matters to attend to," and -- Vice Chair Gort: Go do your audit; it's very important. Commissioner Carollo: -- so I wanted to bring it up to make sure no one's expecting him until 2: 50, 3 o'clock, or 2: 45, around that time. Thank you, Mr. Auditor. Later... Chair Sarnoff All right. Are we ready on D -- on RE.10? Commissioner Carollo: Yes. Chair Sarnoff Okay. RE.10, you're recognized for the record. Commissioner Carollo: Thank you, Mr. Chairman. And as I mentioned before and -- Chair Sarnoff Okay. Mr. Manager. Commissioner Carollo: Yeah, I -- Later... Chair Sarnoff All right, coming back, RE.10, Commissioner Carollo is recognized. Commissioner Carollo: Thank you, Mr. Chairman. And I think this ties into D3 -- Commissioner Suarez: Point six. Commissioner Carollo: Hold on, let me get my discussion item also. This also ties into discussion item D3.6, hiring practices in the City ofMiami. And as it was -- it's been very well reported in our last meeting of the budget, we had a City employee come before us and express -- andl'll leave -- andl'll be diplomatic about it -- issues with hiring practices and hiring of certain employees. Therefore, I wanted to make it formal -- because, realistically, the Auditor General works for this Commission, so I wanted to make a formal request that the Auditor General looks at her allegations and see if there's any wrongdoing, if there's any possible collusion, because as some know, usually with fraud, there is collusion. That's what -- one of the reasons that makes it hard to prove that something wrong or some type of fraudulent activity has been occurring. So I would make a motion that our Auditor General investigates the issue that was brought up by our employee and give a full report back to this Commission no later than November 21, 2013. However, I do want to make sure that the Auditor General is okay with this date. So Mr. Guba, would you -- Commissioner Suarez: Second for discussion. Commissioner Carollo: -- come up? Chair Sarnoff We have a motion by Commissioner Carollo, second by Commissioner Suarez. Mr. Guba, you're recognized for the record. Theodore Guba: Ted Guba, Auditor General. What we plan to do is review the hiring policies City ofMiami Page 42 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 and procedures in Human Resources as well as the Parks Department and review the allegations and investigate the allegations to determine whether or not they're substantiated or unsubstantiated. I believe that we can finish by November 21, but it depends how many problems do come up, you know. If it expands, it might not be -- if it's solely related to this one issue, this one person, but if it expands to a lot more employees, there may -- I may need an extension. Victoria Mendez (City Attorney): Commission -- I'm sorry; I need to monitor this microphone better. Is there any way that, since there is a pending ethics investigation, this Commission would allow for that to be concluded first and then any investigation of the Auditor General can start after that? Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: I will yield to the Auditor General, but at the same time -- and we actually briefly discussed this, andl believe the Ethics Commission or a representative from the Ethics Commission was supposed to be here. However, it's my understanding the detective had a heart attack or some type of sickness. Mr. Guba: Yes. I was informing him of the time certain andl found out that he was in the hospital, so I have not heard whether or not it's been reassigned -- it'll be reassigned to someone else, andl'm sure I'll be contacted. But they were going to wait until completed my investigation until they were going to initiate theirs. Commissioner Carollo: Yeah. So -- Mr. Guba: That was my impression. Commissioner Carollo: Right. So, Madam City Attorney, I think that was addressed, andl think they actually -- andl'm going by what our Auditor General, what Mr. Guba is saying -- wanted us to begin the investigation. What I don't want is for this to linger, nothing happens, things get forgotten, you know, memories begin not to be recalled, and next thing you know, we have nothing six months from now. So that's why I'm trying to move this as quickly, but -- Ms. Mendez: They were supposed to have a probable cause hearing by October 21; "they," being the Ethics Commission. So they were proceeding swiftly, which is what my understanding based on communications, but -- Commissioner Suarez: Is there --? May I ask a question? Commissioner Carollo: Um-hmm. Chair Sarnoff Go ahead. Commissioner Suarez: Is there really a harm in there being in -- the investigations running parallel? I mean, what's the downside? I don't understand. Mr. Guba: I was contacted by the investigator, not by the head of the Commission on Ethics, and he informed me that he was assigned to the project, and we talked about it a little bit, and he -- we agreed that it would make sense for me to complete my investigation first rather than he repeating steps that I would take. Once my investigation is final, it is a public record. Chair Sarnoff So I understand this, Mr. Guba -- I apologize, Commissioner -- the Ethics City ofMiami Page 43 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 investigator's going to use your investigation as part of his investigation? Mr. Guba: Well, he would review procedures that I have done, sure. I mean, some of the things he might do is look into the hiring practices. Those will already be documented. I will have tested to make sure that those practices that are documented are being enforced, you know, things of that nature, and he could review my work. He could rely on some of the work if he chooses to or he could expand from there. Chair Sarnoff Okay. I apologize. Commissioner Carollo: No, and that's fine. And again, I bring this for all of us to put our input. I just want to make sure that, you know, there's a thorough investigation. I want to see with possible collusion and any other wrongdoing that may have occurred, andl want this to be done, you know, swiftly, expeditiously; and report back to this Commission to see what we can or cannot do or what actions we can or cannot take. Mr. Guba: It will be done expeditiously up to (UNINTELLIGIBLE) assigned to it. Commissioner Carollo: Thank you. And that's why I put a -- that's why there's a date there, that, you know, sometime in November I would like to, at the very least, you coming before this Commission back and saying at least, "Hey, this is where we're at. This is when we believe it could be finished or not." Mr. Guba: Right. I'll keep you apprised of our progress. Commissioner Carollo: That's good. Chair Sarnoff All right, anybody else? Commissioner Suarez: No. I just want to kind of piggyback and say that I have a discussion item as well, which is a pocket discussion item. It's a little bit broader than the specific, you know, instances at hand, andl think it -- I want to thank the Parks employees that came to visit me in my office, andl think their issues stem partly from the hiring practices and things that they've observed, but it also stems from a variety of other things that really goes to their quality of life. So I guess we can just get the resolution passed. I agree -- I think the proper protocol, by the way -- agree with Commissioner Carollo -- is for this Commission, which is the responsible entity that actually determines what the constitutional officers do, what our City Attorney does, what our independent auditor and our Clerk do -- I don't want to set the precedent -- and we've talked about this before -- of the Administration does this, that, or the other. It's really the Commission. This is one of those areas where the Commission is the body that actually drives this process, so I just want that to be clear. Andl agree that we should do it by resolution and that we should be kept apprised, andl think that the timeline that you set is perfectly fine. So I second the motion. We can vote on it and then we can go to our discussion items. Chair Sarnoff I have to -- it's an RE.10; I need to have a public hearing on this, so I'm going to call up the public who wishes to speak on this by who has put an appearance of record in. So the first person is Oscar Adams and then the person after him will be William M. Bennett. Oscar Adams: Okay. Yeah, I'm from Parks Operations, andl been here like 25 -- 24 years. And it's a lot of unfair things going on in Parks Operations, andl spoke with the head about it over and over again and still getting the same results about the unfair practices. But like me, in the 25 years I've been here, I played the role whatever they wanted me to do, different jobs; little trainings came out, I went and took -- apply to this to try to move to the next level andl finally reached where I wanted to be but -- was Parks Coordinator. For two years I'm doing payrolls and everything like that and giving out assignments and everything. All of a sudden, I'm booted City ofMiami Page 44 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 out of there. Then the friends of the next person in charge put his friends in there, saying they passed some kind of test that have nothing to do with management, and that's the example of the unfair practices going on inside my department, Parks Operations. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: Quick question. When you say you spoke to the head? Mr. Adams: Well, Juan Pascual and Ralph Gonzalez. Commissioner Carollo: Thank you. Mr. Adams: Okay. Applause. Chair Sarnoff Thank you. All right, William Bennett, and then after William Beddit [sic] is -- William Bennett: Bennett. Chair Sarnoff I'm sorry. William, sorry. -- Elier Paez. You're recognized. William Bennett: Yes. My name is Willy Bennett, andl work for Parks, also, Recreation, and I've been in the City almost six years now, andl have seen many unfair treatment, racism, nepotism, as the young lady had spoke earlier. It been going on since beginning ofMiami, since the changeover. And we were promised in 2009 for a raise, that 12 -- we was promised to start 12.91 an hour. That's what -- if you take 12.90 -- we get paid 12.91 an hour in 2009, that's without insurance. If we opt to get -- take the insurance, we get paid 10.91. And here I am six years later, I'm still making 8.73 an hour, and you bring other people in outside from Cuba, speak Spanish, don't even speak English, speak Spanish; they make 10, 12, $13 an hour. That's not fair. And you bring other people related to people in the City ofMiami and they bring them in and make more money than we make and got benefits; we don't have anything. Only thing we have is our pay check, and we living from pillar to post and we struggling, economy, and this not the City -- we call this City ofMiami, a magic. Where is the magic? And depression, where's the -- oppression. Where's the magic in unfairness? Where's the magic in treating people wrong, like they're dirt? And we know we glorified the police officer, we glorified the firemen, but what about the civil worker who make it all happen, who keep the parks clean, who provide the environment clean? We do. But we unheard. What we call uncertain heroes, and we deserve a opportunity. We deserve better treatment than we getting, 'cause Operations, it been in place many, many years and been overlooked. And the practice of people putting families ahead of other people that deserve it, just come off the street anywhere and just get hired and put in position. You know, 'cause we been promised since 2009. All of a sudden now, they gone give us a one-time raise, 3 percent. That's supposed to make everything all right? I don't think so. Chair Sarnoff I need you to conclude. And in conclusion. Mr. Bennett: A conclusion is we need to do -- City ofMiami need to do a better job. The Commission need to hear the complaints of the employees. That's my conclusion. Chair Sarnoff Thank you, Mr. Bennett. Mr. Bennett: You welcome. City ofMiami Page 45 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Chair Sarnoff Elien Paez; Yamilet Moreno on deck. Elien Paez (as translated by Debra Spector, official Spanish interpreter): My name is Elien Paez, City ofMiami, Parks and Recreation Department. One of the complaints that brings us here and that has us quite a bit uncomfortable is that we see that those of us who've been with the City in this employment for nine, 10, 12 years are not given any kind of opportunity to move ahead. In my particular case, I went to an interview for a position of grounds tender. We had -- we took some exams for that position and we passed the exams, but -- the tests, but then they hire people who have less time with the City, three years, five years. And other people who have no experience in the City, have never worked in the City, and they come in earning higher salaries than we have. So we believe there's some favoritism when they give out the positions. Instead of having contented employees, we have discontented employees because of what's going on. So we'd like to know what kind of opportunity are we ever going to have, or are we ever going to have any kind of opportunity? Been working for the City for ten years and making 8.73 an hour. It's a pretty miserable salary, I have to say. So that's what we'd like to know, if we're ever going to have an opportunity, we would like you to tell us, or if we're going to be stuck in these low paid positions forever. That's all. Chair Sarnoff Thank you. Commissioner Suarez: Thank you. Applause. Chair Sarnoff YamiletMoreno and Mario -- it looks like Suazo after YamiletMoreno. Yamilet Moreno (as translated by Debra Spector, official Spanish interpreter): My name is Yamilet Moreno, Parks and Recreation. The last time I was here, that was one of the injustices thatl said C'nough,'because I had been trying to resolve it for months with Regalado, Cabrera, and Juan Pascual, and no one could resolve anything. My opinion was that they covered it up among themselves. What I've been suffering in the City is injustice, abuse ofpower, favoritism. In April, I spoke to Juan Pascual or in May, because that month Juan Pascual gave a promotion to a woman who had been in the position less time than I She was moved from one park to another and that's when I spoke, and I told him that she had been there less time than I and that I was looking for my promotion. The reply I got from him that -- was that there's nothing about seniority that meant the position had to go to me; and that, to me, was a reply that would be used for favoritism. I'm grateful to you because someone is finally hearing me, 'cause I've been feeling all this time like I'm being attacked and no one is hearing me. Last Monday before the previous Thursday, I called the press because we were going to hold a demonstration against this injustice, and because people are afraid of repercussions, they didn't come, because there's repression and abuse ofpower. Andl'm here because (UNINTELLIGIBLE) resigned, butt don't think that's the solution. There's Mafia in the City ofMiami. I don't know what to say about that. There's favoritism in the City ofMiami. Andl'm grateful to all of you for listening to me, because we had been swallowing these things for many years. Thank you. Bless you. Applause. Chair Sarnoff Mario -- I think it's Suaro, Suazo. Deborah Spector: Suazo. Chair Sarnoff What is it? Ms. Spector: Suazo. City ofMiami Page 46 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Chair Sarnoff Suazo. Mario Suazo (as translated by Debra Spector, official Spanish interpreter): My name is Mario Suazo. I'm from Parks and Recreation. I'm here to ask for justice. Because in good faith, I went to see Juan Pascual about what was going on, and I'll explain what was going on. We had an interview. We went to interviews, andl came out in the A'kroup, and they waited two and a half months to decide who they were going to place in that position. When I found out that I was on that list, one of two who had gone to the interview, they moved me out and they decided to give it to two people who had been in the position for three and five years. Andl went to speak to Juan Pascual about the positions, and in order not to give it to me, they submitted it to go to a vote and told me that seniority had nothing to do with it and that he had the power to give it to anyone he wanted to. I said `Pascual, how are you going to do that? You don't even know the people. (UNINTELLIGIBLE) do this, andl" -- and he said, "No, I can choose, because they're all in the A'kroup and so there won't be any preference, and we submitted it to a vote so there wouldn't be any preference. Chair Sarnoff I'm going to ask him to kind of wind it up. Mr. Suazo (as translated by Debra Spector, official Spanish interpreter): Well, in conclusion, "Mr. Pascual, you mistreated me." He spoke to spoke to me as if we were worthless because I'm a temporary employee. And where can I file a claim? When is it going to be my day? I said, "Mr. Pascual, I'm going to complain about this and take it to wherever I have to." And he thought that people are afraid. They're afraid of repercussions. They -- I'm in the head -- I'm the head of a mobile crew, and I'm not a bad employee. He knows that. I'm disgusted because (UNINTELLIGIBLE). Chair Sarnoff Thank you. Applause. Chair Sarnoff Al Crespo. Al Crespo: I'm going to take my tie off because this is serious. You know, in my life, I've had the opportunity to travel through a lot of cities, and one of the things I've always noticed in cities I've been to is the cleanliness of the city. For all the problems that this City has, it's a clean city, and it's a clean city because of these people, not because any of you or any of the directors or anybody else. When you've had hurricanes, it's these people who have been out in the street within hours cutting down trees and picking up limbs and making streets, you know, open for people to drive through, right. And it's a shame what's happened here. But these are the littlest people. These are the lowest people. What you all need to focus on are the people above, the people that make the decisions, the people under Juan Pascual but who are a part of that Administration. Andl would say like I said in my story a couple days ago on my website, if you're going to question any of these people, you need to provide whistle -blower status so these people are willing to be forthcoming with the information they have to give. I have received numerous calls. Matter of fact -- Today is what, Thursday? On Tuesday I had a phone call; had to interrupt the phone call because I got another phone call and had to put that person on hold because I got another phone call from Park employees ready to tell me stories about what's going on in the City and in the Parks Department. Juan Pascual has a history with you all in the City of Miami. You ought to pay attention to that history, and you ought to investigate that history with that guy and all the people who he's trying to put in now in administrative positions because he's on his way out the door, but he's going to make sure that the people who he favors are going to be running your Parks Department, and they might not be the best qualified to run the Parks Department. So I would suggest, if you're going to do an investigation, that you provide whistle -blower status for people and that you get these people on a transcript so that there'll be no hanky-panky about well, he said this or he said that. No, you want a record of City ofMiami Page 47 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 what they said. Chair Sarnoff And in conclusion. Mr. Crespo: All right. Thank you. Chair Sarnoff Thank you. Applause. Chair Sarnoff All right, so I think we had a motion and a second. Is there any further discussion? Then all in favor, please say aye. The Commission (Collectively): Aye. Chair Sarnoff Okay. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: I requested that this resolution be heard with my discussion item regarding hiring practices, which I believe is D3.6 in our agenda. And normally, I prefer an investigation to occur and see what transpired or what the investigation reveals. However, I think that we need to speak up with regards to our hiring practices, andl -- in all fairness, I think hiring practices within the Parks Department, 'cause it seems like there's a lot of issues. There's been a lot of allegations here that think are pretty serious, and think that either our Parks director or Human Resources should come before us and discuss at least what is our hiring practices and is there any changes at least for the time being through this investigation, is there any additional personnel going to be hired or not going to be hired so we can see exactly what do we have because, in the meantime, this is just going to continue. Andl think it's quite clear that there's a lot of discontent within the Parks Department and it's actually -- it's veered to one or two people, so is it possible to hear from the Administration? Daniel J. Alfonso (Acting City Manager): Commissioner, the HR (Human Resources) director can explain what the hiring practices are in the City ofMiami, which are applied in all departments as it pertains to part-time and temp employees, which I think is the -- what the issues are, in particular. Anything related specifically to the case we will not speak about because there is an ongoing investigation. Commissioner Carollo: I understand not specifically to the case. Let the investigation come through. However, I want to see about hiring practices. And the reason why I'm saying Parks, number one, that's where all these employees are from and there's where they're having the issue; and number two, I would think that, most likely, Parks Department is where you have the highest amount of part-time and temporary employees, correct? Therefore, I would like to see, you know, what's going on. And if any of the allegations are true with regards to certain people being placed now, I want to know if there's anything to stop that right now or remedy it or is there a freeze or how can we remedy this continued discontent, at least for the time being until we see what the investigation reveals. Mr. Alfonso: The hiring process continues. We don't stop operating because of some allegations. There were -- there is an investigation that will take place. I have spoken to the Parks director. He had already implemented some changes into place. I believe -- I'll let him speak to it. But it was a -- sometime in the June/July time frame, temporary positions -- I'll let him go ahead and explain. City ofMiami Page 48 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Juan Pascual: Thank you very much. Juan Pascual, director of Parks and Recreation, City of Miami. First, I'd like to start my comments, with just a little bit of background and history. The Parks Department back in 2009 had a full-time budget of over $15 million. In 2014, our full-time budget is 8.7 million. Obviously, that is almost a reduction of well over 40 percent, so there has been a reduction in the head count in the Parks Department since '09 to '14, where we stand today. The City, as we all know, had asked all our full-time employees to give up benefits and to take salary reductions. In that process, we have not had any opportunities, until this year, to actually have now vacancies and start filling positions. With that said, we've been dealing with part time and temps for quite a while with the issues on their salaries and the issues on hours that they work. I can say that since Mr. Alfonso, prior to him being the acting City Manager, when he came in as the Budget director, on day one, the first thing he did was say, 1' want to go to parks andl want to visit parks. "He didn't go once. He went three different times on tours of parks. And an item of discussion that we had at the very beginning was how the bulk of our workforce in the Parks Department are part time and temps. I have currently 180. I just got 12 new ones that Mr. Alfonso helped us put into the budget for career opportunities to promote those 12 temp employees that are ten years or more. That was approved in the budget process this year. We looked at how can we also do more? We gave a list that we were working through the budget process of actually 49 employees. That was 12 employees that are temps and 37 employees that are part time, to promote 47 through career opportunity. Unfortunately, because of the budget and the funding, we only had the funding, because we were going to have to do it citywide, 'cause there's other temp employees in some other departments, even though the Parks Department has the bulk. We put in 12 positions that you all approved in a budget. Thankfully, they remained in the budget. So through career opportunity, we're going to be able to promote this year 12 employees that are temporary employees in the Parks Department. Prior to that, we had ongoing for several years a disparity in pay within the general labor "T" classification. We had 58 employees that were general labor Ts that were making $8.23 an hour, while the rest of the employees were making $8.73 an hour. When we represented it to the Budget director -- and again, talking through the budget process -- he presented it to the City Manager, and we were able to get through in April of this year, where we were able to have parity in pay and moved up all those 58 employees that were making $0.50 less an hour. I know it's not a lot of money, but at least we were able to give them parity in that process. As the process continued, on July 1 -- because there is really not a mechanism in place that you have any annual reviews, you don't do evaluations, you don't do step increases for part time or temps, because they're part time or temps, and the HR director can answer that question or Labor Relations of why we don't -- we took it upon ourselves, as the Parks Department, and we put out a message to say, "If you're five years or more in the recreation division, if you're" -- because that's where the part timers were. The temps are in operations. So 11 of them are going to get a promotion. But in recreation, there was none because they're part timers. We said if you're five years or more on July 1, our deputy director, Lara De Souza, put out the memo to the supervisors and the coordinators: "You will apply, turn in a written hand application to us, if you're Rec Aide I so we can try to promote you to Rec Aide II;; and if you're a II, to a III, after the budget process." We received 37 applications in that process. In fact, Ms. Moreno did come to see me in July and she was unaware that that was out. She said she didn't know. I told her -- I said, "This is out there; apply. If you don't apply, you can't get a promotion. You have to apply." Ms. Mendez: Mr. Pascual, because there is an investigation, the best thing would be not to -- Mr. Pascual: Not to talk about it, okay. I'm sorry. You're absolutely correct. On advice of counsel, I won't get into the particulars. Ms. Mendez: Thank you. Mr. Pascual: But the bottom line is that we received 37 applications, and we said we need to do it a step further, because we had identified already 77 employees in the Parks Department that City ofMiami Page 49 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 had eight years or more, so we knew that 37 wasn't the total. So we put out a directive to the Manager so they would actually have a signed receipt from each part timer that they received the information and they acknowledged it on a confirmation, so that process is going through. We extended the application process to the end of I think, October 22 so they can do that. In addition to that, we had a grounds tender. There was some discussion about a grounds tender classification position. We opened up a register for grounds tender. We started in January. We did interviews in June. And we were given two days for the interviews, so we were given 16 people. We had 22 people in the register. It was a restricted register for City employees only. Everyone was a part timer. We interviewed 16. We interviewed everybody that was in Parks Operations. We did not interview a few of the rec aides and a lifeguard that was on the register 'cause they weren't part of Operations and we had to, you know, restrict it to the 16. We received the register. There were nine folks on that register. All nine were general labor Ts. Andl, as the Parks director, I'm not familiar with what each one of these employees does on a daily basis. We had a meeting with all our supervisors, nine Supervisors in total -- there were coordinators and supervisors -- and we asked for their input. In addition to that, after that meeting, we asked Lara De Souza to go out and actually do a poll. I said the only fair way of doing it is to evaluate and try to get a big sense of who is the most deserving. And we did a poll and we took scores, rating ones being the best, twos and threes. We averaged them out. We had four employees that came out on top; two were black male employees and two were Hispanic male employees. Andl told Lara, "We're going to pick one black and we're going to pick one Hispanic out of those four." Did a little further research and then, I, as the director, made the final determination of the recommendation to hire two of those employees. There were nine on the "A" band and we only had two positions. Some folks came to see me. I met with them. I explained to them the process. They weren't happy with it, but that's the process, the way we did that one. I'll take the next step. We had two positions for Park Manager II that became available. We started the process in January. We did our hiring -- or actually our interviews in August. The two Park Manager II positions, we had -- we opened it up to the outside because we were going to have a lot of retirements and a lot of opportunities coming. We had 57 applicants total; 26 applicants were City employees, of which 25 of the City employees were in the Parks Department; of which 11 were part-time recreation employees, either lifeguards or rec aides that qualified for the register. So there was 26. We had one veteran that we had to hire. We said we're only going to interview City employees. We're not going to go hire any -- or interview anybody from the outside. We had to interview the veteran. We interviewed 26, including the veteran. One rec aide was on an Alaskan vacation, so she didn't want to change her vacation; she couldn't interview. Originally, Human Resources provided us two days to interview. Two days was not enough to interview all 26 employees. We talked to Human Resources; struggled with the fact. They gave us four interview days. We interviewed everybody, including the part timers. Two employees from the Parks Department came in the "A" band. That was a no-brainer. I had two employees, both black females that were on the "A" band. They were offered the job and they were promoted. One other item that I'd like to add on the grounds tender classification that missed is that, originally, Employee Relations told us that we had to do those interviews only in English. We cannot use interpreters for those interviews, andl was adamantly against that. I felt it was the right thing to do. If you had employees that are part timers and they can do the job well enough as a temp employee with no benefits, the language has nothing to do whether they were able to do the grounds tender job or not. And after struggling back and forth, Employee Relations agreed. We had to do a little modification to the job description that they had a problem with, and we did the interviews with interpreters. So we took every step possible to ensure that everyone that was on that register and everyone that qualified for that classification was interviewed and was part of the process. We had some additional positions in the Parks Department. We had a superintendent of Parks. It was advertised. It was interviewed. There were two individuals on the `A" band. One individual was promoted from within the department. We had Aquatics Program supervisor position. We did it restricted to give promotional opportunities. One person only applied. One qualified. That person was given the job. So I think that with the Administration in the Parks Department, we have taken great strides in trying to give opportunities, now that we have positions and the budget is in a little better City ofMiami Page 50 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 shape. We're not perfect, andl understand. If you think that the full-time employees are frustrated with this process about salary cuts, benefit cuts, our part timers are correct. You know, they -- they're struggling to make ends meet, struggling to -- struggling to end this agony, but we're taking strides trying to improve the situation the best we can. Andl thank you for the time and for the opportunity. Chair Sarnoff Thank you, Mr. Pascual. All right. Commissioner Carollo: Mr. Pascual, Director Pascual. Mr. Pascual: Yes, sir. Commissioner Carollo: Listen, I understand a lot of the City employees are struggling, have been struggling, but I'm seeing a discontent here, you know, not just 'cause of their pay. They do have, you know, low wages, but the hiring practices. They really feel that other outside personnel or outside sources have more of -- let's say more of an advantage when it comes to positions. Are we hiring within? Mr. Pascual: As far as from part time to full time, yes -- Commissioner Carollo: And -- Mr. Pascual: -- we're hiring from within in every opportunity possible. The issue where people coming in from the outside -- You have to remember that in the part time/temp, there are different classes of employees. In other words, job families, if you will, andl think the HR director can probably answer that better than I, but I'll try and give it a shot. We have Recreation aides, for example, recreation aide Is, Ifs, and Ills, part time. That's the recreation family. Then we have temporary general labor Ts -temp. That is the Parks Operations family, which is a different total -- one is recreation; one is maintenance and operations. Then there are the staff -- what is this -- staff office temps, people that are like clerical, office staff experience. That's a different job family. So those are all part time or temporary, no benefits, you know. And then as they come open, we and the HR director will answer as to how that hiring process goes between HR, specifically. But we get -- we had about 36 processes of Requests to Fills and processes for different vacancies as they come up, 'cause it's very difficult to do a recruitment every time you get a rec aide I or a rec aide II that becomes vacant. Now what we can do a better job on is communicating when those vacancies are there. Yes, that is true. We have not been very good at communicating to all our part-time employees. One of the examples is when we first did the grounds tender positions and the labor I positions, when the registers went out, it was restricted, but you can only apply from the computer, from the intranet, from the City. So an employee that lived at home could not apply because it was restricted. Subsequent to that, it's been corrected. We actually had to sit down with our part-time employees and our temp employees with office staff and help them profile themselves into NEOGOV and apply and do that application. That subsequently has been corrected. But those are some of the challenges and some of the things that we've had along the process, so that's why some of the employees feel, you know, that every obstacle or every hoop has been put in their way. We have 600 employees. Unfortunately, when you have an organization with 600 employees, there's going to be some people that are not going to be happy with the process, because ifI have nine on an "A" band andl got two positions, I'm going to have seven people that are not going to be happy. I mean, that's unfortunate. I wish I had the nine positions, you know, in the ground tenders, but I didn't. But we are taking strides to review and to give opportunities, to communicate. When a vacancy comes, I don't care if it's a rec aide I, we're going to send it out, we're going to get everybody to sign and let everybody know what we have vacant; Employee Relations, I think, is going to try to advertise, but they're going to have to answer that because of the staffing. I mean, I did park manager Ifs, which is a promotion supervisory position. I started in January. I got an interview date for August; took me seven months to complete that process, so it's a lengthy process. City ofMiami Page 51 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Commissioner Carollo: Could you go into that process? Why did it take seven months? What was the process? Mr. Pascual: Well, the process is that you -- at the time, because as of July, I think we don't have to do Requests to Fills anymore. We go through the system. But the process is that you do a Request to Fill, which starts the process or started the process in January, to get authorization to go ahead and fill the positions, and then we have to request the recruitment, so you have to advertise. So you have to review the job classifications and the qualifications that are required and the minimum requirements and what have you and they recruit. Once they recruit -- Commissioner Carollo: I'm sorry. And when you advertise, you just advertise in the local newspaper or do you advertise within the City also for --? Mr. Pascual: I'm sorry, that's HR. I can't answer that question. That would be HR 'cause they advertise. Commissioner Carollo: Ms. Klose. Amy Klose (Director, Human Resources): Typically, in positions like that, they're advertised. Commissioner Carollo: I'm sorry. I -- Ms. Klose: Excuse me. Amy Klose, director of Human Resources. Typically, positions like this are advertised on our City website. And then, we also -- we have an employment board downstairs in the lobby ofMRC (Miami Riverside Center) and we post paper copies of the job announcements as well. Commissioner Carollo: So, again, why would it take seven or eight months? I'm still not seeing the -- Mr. Klose: I don't think it took that long. Honestly, I have would have to look into that particular case. Getting the job announcement ready is a two-way street. We provide it to the department, they have to make edits, and then it goes back and forth quite a bit, so the delay could be on both parts, but it shouldn't take -- it should not take seven months. I don't know. I can't speak to that specifically. Mr. Pascual: Well, from the date that we did the Request to Fill was January. The date that we got the interviews done was in August. The process is you go out and you recruit -- this is full-time. We're talking about the full-time positions, park managers, okay? Commissioner Carollo: Still seven or eight months. I just -- Mr. Alfonso: You know, Commissioner, why a position may take seven months, one -- and one may take three months, there could be a myriad of issues. I don't know that we're going to sit here right now and identify why one position took seven months or why another position might take only a couple of months. If we're talking about full-time positions versus part-time and temps, full-time positions require an interview panel, require questions to be set, requires a whole lot of issues. Why it may take seven months? I mean, if you want to ask that about a specific position and you want us to find when everybody signed off on everything, we -- you know, I think that there's an investigation that has been asked about these issues. I don't know that we're going to resolve that issue right here today. Commissioner Carollo: Mr. Chairman. City ofMiami Page 52 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Chair Sarnoff You're recognized. Commissioner Carollo: Mr. Manager, I'm not necessarily asking about a specific position. What I am asking is about the process, because, obviously, if you can't notice, there are issues with our parks. Mr. Alfonso: Well, Commissioner, I have conducted interviews, I have conducted recruitments for budget analysts that, from beginning to end, only took about 90 days, which is pretty standard in hiring somebody. So why one position took seven months, you know, I don't know that we can answer that right now. You can -- we can final anecdotal evidence of cases on the edges of insanity in any organization. Commissioner Carollo: And again, it was 90 days that position, andl'm asking seven or eight months. I thought that was the norm for any position, you know, and that was what I was taking from it, that when he apply or when he put this out, it took seven or eight months, and the general hiring process takes seven or eight months. That's what I took from it. So I wanted to see why does that hiring practice take so long. As a matter of fact, I wanted to go further. I mean, we're past the summer so we don't have, you know, that large amount of temps that come in. I wanted to know, moving forward, is there foreseeable openings or a large amount? And I'm not saying that this person, you know, one or two positions. I'm saying, are we seeing a large amount of openings in the near future? Because what -- Listen, there has been a very clear allegation of nepotism, okay, of favoritism, andl'm not talking just about that instance. I'm talking now overall. And what I'm trying to prevent is if it is happening -- andl don't know. It's just an allegation right now. Let the investigation come through, but -- however, in the meantime, I want to make sure that if it is happening, that it does not continue to happen, and that's my intent with this discussion. So that's -- if you want to know what's my intent, that's my intent. I don't want to brush it under the rug and say, "Yeah, Yeah, an investigation is happening. Let's turn our heads; forget about it." So that's why I'm asking, I'm drilling because obviously, at least and think a lot of other people, don't understand the process or feel that the process -- you know what? In all fairness, I shouldn't even feel that I need to get in -- start drilling the way I am. I don't feel that I should, but there's obviously a problem and there's obviously no solution that I'm seeing, or I'm not seeing the Administration coming up with any solution, other than I requested -- we requested the Auditor General to investigate one isolated or maybe not isolated issue. But the bottom line is, you have a whole slate of employees here that are really expressing discontent, and I'm trying to, out of good faith, see why and how can we remedy the problem at least for now until we could get a grasp on it and see if this Commission needs to do something, and at the very least, in the short term, make sure that should there be any nepotism or favoritism that it does not continue to happen. Mr. Alfonso: Commissioner, ifI may. Again, to the specifics of the case that is being investigated, we are not going to address it at this time because there's an investigation that's going on. The allegations are what they are. We will find out from an investigation. In terms of the process, most positions do not take seven months to recruit. Most positions get recruited much faster than that; some very quickly; some take longer, depending on whether they're part time, unclassified, classified. What we have asked the department director in the Parks Department is that -- and he's already put it into place -- going forward, positions that become open are shared with everybody so that people get an opportunity to apply for those positions. Vice Chair Gort: Let me give you a suggestion. A lot of the -- you put them down in the board for the employees at the MRC. Why don't we put them all the parks -- Ms. Klose: Amy Klose, director of Human Resources. We do send -- we have HR liaisons in each department. We send them the job announcement and they're supposed to post it in a conspicuous location. City ofMiami Page 53 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Vice Chair Gort: But let's make sure they do so. Chair Sarnoff All right. RE.11 RESOLUTION 13-01172 District 5- A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE Commissioner OVERTOWN CHILDREN AND YOUTH COALITION'S APPLICATION TO THE Michelle STATE OF FLORIDA FOR OVERTOWN TO BECOME A FLORIDA Spence -Jones CHILDREN'S INITIATIVE DESIGNATED COMMUNITY, PURSUANT TO AND AS DEFINED UNDER FLORIDA STATUTES 409.147; FURTHER DECLARING A CHILDREN'S INITIATIVE PLANNING TEAM, PURSUANT TO AND AS DEFINED UNDER FLORIDA STATUTES SECTION 409.147(5), AS STATED HEREIN. 13-01172 Back -Up Documents.pdf 13-01172 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0409 Chair Sarnoff And RE.10, we'll hold till 2: 50 or so. Commissioner Carollo: Mm-hmm. Chair Sarnoff RE.11 is Florida Children Initiative. Commissioner Spence -Jones: Yes. I was hoping that there was a representative from the group that's actually organizing. As you know, in the City ofMiami, in Liberty City, there is a Children Initiative in the heart of Liberty City. I'm going to ask Mr. -- I guess the City Attorney to kind of read it in the record, if possible. This is just going to allow for us to create one in Overtown. Commissioner Suarez: I'll read it if you want. Commissioner Spence -Jones: Mm-hmm. Victoria Mendez (City Attorney): Thank you, Commissioner. I'm looking. Yes, I found it. Thank you. A resolution of the Miami City Commission supporting the Overtown Children and Youth Coalition's application to the State of Florida for Overtown to become a Florida Children's Initiative designated community, pursuant to and defined under Florida Statutes 409.147; further declaring a Children's Initiative Planning Team, pursuant to and as defined under Florida Statutes Section 409.147(5), as stated herein. And this is, as the Commissioner stated, to allow for these types of programs and initiatives to be in compliance with Florida statutes and to be created as such. Commissioner Suarez: Move it. Commissioner Spence -Jones: Second. Chair Sarnoff Motion by Commissioner Suarez; second by Commissioner Spence -Jones. Any discussion? Hearing no discussion, all in favor, please say "aye." City ofMiami Page 54 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 BC.1 13-01134 The Commission (Collectively): Aye. END OF RESOLUTIONS BOARDS AND COMMITTEES RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 13-01134Arts CCMemo.pdf 13-01134 Arts Current_Board_Members.pdf NO ACTION TAKEN BC.2 RESOLUTION 13-00406 NOMINATED BY: Commissioner Frank Carollo Commissioner Michelle Spence -Jones Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Jose Riesco Commissioner Frank Carollo 13-00406 Audit CCMemo.pdf 13-00406 Audit 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: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0410 Chair Sarnoff Okay, boards. Commissioner Spence -Jones: So we're going to be finished by noon? Chair Sarnoff You're going to do them? Commissioner Carollo: Yes. Nicole N. Ewan (Assistant City Clerk): Yes. City ofMiami Page 55 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Chair Sarnoff How fast? We're going to time you. Lunch is on the Clerk if they can't do it in less than 3.5 minutes. Commissioner Suarez: Let's go, let's go. Commissioner Carollo: Three -point -five, that's -- Ms. Ewan: Good morning, Chair, Commissioners. Commissioner Suarez: She's doing great. Ms. Ewan: BC.2, Audit Advisory Committee, Commissioner Frank Carollo will be reappointing Jose Riesco. Commissioner Suarez: Second -- move. Chair Sarnoff We have a motion Commissioner Suarez. Vice Chair Gort: Second. Chair Sarnoff Second by Commissioner Gort. All in favor, please say "aye. The Commission (Collectively): Aye. Commissioner Carollo: Are we going to do one board per --? Ms. Ewan: I'm going to do all the boards that I have appointments for, correct. Commissioner Carollo: Okay. Ms. Ewan: Yes. BC.3 RESOLUTION 13-01135 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Alex Cardenas Commission -At -Large 13-01135 Bayfront CCMemo.pdf 13-01135 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-13-0411 Nicole N. Ewan (Assistant City Clerk): BC.3, Bayfront Park Management Trust, there is one City ofMiami Page 56 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 BC.4 13-00501 Commission -at -Large appointment. Commissioner Carollo will be reappointing Alex Cardenas. Commissioner Suarez: Move it. Chair Sarnoff We have a motion -- Commissioner Spence -Jones: Second. Commissioner Carollo: Second. Chair Sarnoff -- by Commissioner Suarez: second by Commissioner Spence -Jones. All in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVIL SERVICE BOARD FOR ATERM AS DESIGNATED HEREIN. BC.5 13-01136 APPOINTEE: NOMINATED BY: Commission -At -Large 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 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate Member) 13-01136 CEB CCMemo.pdf 13-01136 CEB Current_Board_Members.pdf NO ACTION TAKEN BC.6 RESOLUTION NOMINATED BY: Chair Marc David Sarnoff Commission -At -Large City ofMiami Page 57 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 13-01137 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Jose Soto Commissioner Francis Suarez 13-01137 CRB CCMemo.pdf 13-01137 CRB Current_Board_Members.pdf Motion by Commissioner Carollo, 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-13-0412 A motion was made by Commissioner Carollo, seconded by Commissioner Suarez, and was passed unanimously, to appoint Jose Soto as a member of the Community Relations Board; further waiving the attendance requirements in Section 2-886 of the Code of the City ofMiami, 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 Jose Soto as a member of the Community Relations Board. Nicole N. Ewan (Assistant City Clerk): BC.6, Community Relations Board, Commissioner Francis Suarez will be appointing, with a four fifths attendance waiver, Jose Soto. Commissioner Carollo: Move it. Chair Sarnoff Motion by -- Commissioner Suarez: Second. Chair Sarnoff -- Commissioner -- Commissioner Spence -Jones: Second. Chair Sarnoff -- Carollo; second by Commissioner Suarez. All in favor, please say "aye. The Commission (Collectively): Aye. BC.7 RESOLUTION 13-00765 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Magaly Van Gelder Vice Chair Wifredo (Willy) Gort City ofMiami Page 58 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 13-00765 CSW CCMemo.pdf 13-00765 CSW Current_Board_Members.pdf Motion by Commissioner Carollo, 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-13-0413 Nicole N. Ewan (Assistant City Clerk): BC.7, Commission on the Status of Women, Vice Chair Gort will be appointingMagaly Van Gelder. Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Sarnoff We have a motion by Commissioner Carollo; second by Commissioner Suarez. All in favor, please say "aye." The Commission (Collectively): Aye. BC.8 RESOLUTION 13-00610 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FORA TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Ken Gilmore Commissioner Francis Suarez 13-00610 CTAB CCMemo.pdf 13-00610 CTAB Current_Board_Members.pdf Motion by Commissioner Carollo, 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-13-0414 Nicole N. Ewan (Assistant City Clerk): BC.8, Community Technology Advisory Board, Commissioner Suarez will be reappointing Ken Gilmore. Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Sarnoff By Commissioner Carollo; second by Commissioner Suarez. All in favor, please say "aye." The Commission (Collectively): Aye. City ofMiami Page 59 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 BC.9 13-01138 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE EDUCATION ADVISORY BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: George Cabrera City Manager Johnny Martinez 13-01138 EAB CCMemo.pdf 13-01138 EAB Current_Board_Members.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-13-0415 Nicole N. Ewan (Assistant City Clerk): BC.9, Education Advisory Board, City Manager Martinez will be appointing George Cabrera. Chair Sarnoff Somebody want to move that for him? Wait. It's George Cabrera? Ms. Ewan: That is correct; George. Chair Sarnoff Not a popular guy apparently. Mr. Manager, you want to do a good presentation? Daniel J. Alfonso (Acting City Manager): Who? What? Ms. Ewan: George Cabrera. Mr. Alfonso: Oh, I'm sorry. It is a reappointment, andl know the last name is Cabrera, and that's come up recently, but it has no relationship to the Assistant City Manager. Chair Sarnoff So do you want to pass on this one, or do you want to --? Mr. Alfonso: It's a reappointment of the person that's been there. Vice Chair Gort: Move it. Chair Sarnoff All right, there you go; motion by Commissioner Gort. Commissioner Spence -Jones: Second. Chair Sarnoff Second by Commissioner Spence -Jones. All in favor, please say "aye. The Commission (Collectively): Aye. Chair Sarnoff We will not count that against your time. City ofMiami Page 60 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Ms. Ewan: Thank you. BC.10 RESOLUTION 13-01139 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD FORA TERM AS DESIGNATED HEREIN. BC.11 13-00767 APPOINTEE: NOMINATED BY: Miriam Urra Vice Chair Wifredo (Willy) Gort 13-01139 EOAB CCMemo.pdf 13-01139 EOAB Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0416 A motion was made by Commissioner Carollo, seconded by Vice Chair Gort, and was passed unanimously, to appoint Miriam Urra as a member of the Equal Opportunity Advisory Board; further waiving the attendance requirements in Section 2-886 of the Code of the City ofMiami, 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 Miriam Urra as a member of the Equal Opportunity Advisory Board. A motion was made by Commissioner Carollo, seconded by Vice Chair Gort, and was passed unanimously, to appoint Miriam Urra as a member of the Equal Opportunity Advisory Board; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Miriam Urra 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 reappointing, with a four fifth attendance waiver and a five five term waiver, Miriam Urra. Commissioner Carollo: Move it. Vice Chair Gort: Move it. Commissioner Suarez: Second. Chair Sarnoff Motion by Commissioner Carollo; second by Commissioner Gort. All in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION City ofMiami Page 61 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: FaustoAlvarez Vice Chair Wifredo (Willy) Gort 13-00767 Finance CCMemo.pdf 13-00767 Finance Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0417 Nicole N. Ewan (Assistant City Clerk): BC.11, Finance Committee, Vice Chair Gort will be reappointing Fausto Alvarez. Commissioner Carollo: Move it. Vice Chair Gort: Second. Chair Sarnoff Motion by Commissioner Carollo; second by Commissioner Gort. All in favor, please say "aye." The Commission (Collectively): Aye. Ms. Ewan: Thank you, Chair. That concludes your boards and committees. Chair Sarnoff Wow. Commissioner Suarez: Wow. Chair Sarnoff We owe you lunch. Commissioner Suarez: That was three minutes. That was three minutes. Chair Sarnoff We owe you lunch. Commissioner Suarez: That's incredible. Chair Sarnoff (UNINTELLIGIBLE). Commissioner Suarez: How come you could never do that, Todd? BC.12 RESOLUTION 13-01140 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. City ofMiami Page 62 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 APPOINTEES: NOMINATED BY: Mayor Tomas Regalado Chair Marc David Sarnoff Chair Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez 13-01140 Homeland CCMemo.pdf 13-01140 Homeland Current_Board_Members.pdf NO ACTION TAKEN BC.13 RESOLUTION 13-00504 Office of the 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 Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Michelle Spence -Jones 13-00504 MSEACCMemo.pdf 13-00504 MSEA Current_Board_Members.pdf NO ACTION TAKEN BC.14 RESOLUTION 13-01142 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Francis Suarez City ofMiami Page 63 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Commissioner Michelle Spence -Jones 13-01142 PRAB CCMemo.pdf 13-01142 PRAB Current_Board_Members.pdf NO ACTION TAKEN BC.15 RESOLUTION 13-00373 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. BC.16 13-01143 Office of the City Clerk 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 Commissioner Michelle Spence -Jones 13-00373 UDRB CCMemo.pdf 13-00373 UDRB Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Tomas Regalado Chair Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo City ofMiami Page 64 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 DI.1 13-01119 City Commission 13-01143 WAB CCMemo.pdf 13-01143 WAB Current_Board_Members.pdf NO ACTION TAKEN END OF BOARDS AND COMMITTEES DISCUSSION ITEMS DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 13-01119 Cover Page.pdf DISCUSSED Direction by Commissioner Suarez to the City Manager for the Police Department to provide a one page report to the Commission using categories/columns that breakdown the composition of the Police Department that includes the number of police officers hired, the number of candidates pending to be hired (certified officers and non -certified recruits), the number/type of candidates the Police Department intends to hire in the future, the number of certified officers the Department of Justice (DOJ) will authorize the City to hire, the number of officers retiring, and the net number of police officers currently serving in the police department and where these police officers are assigned (patrol, administrative, etc.); further directing that this type of report be presented at every Commission meeting with updated information. Chair Sarnoff All right, so we are apparently up to now discussion items and -- Commissioner Suarez: True. Chair Sarnoff Discussion on -- Commissioner Suarez: Appreciate it. Chair Sarnoff -- the status of -- Commissioner Carollo: Police hiring. Chair Sarnoff Are we not? Yeah, police hiring. Commissioner Spence -Jones: Hiring police officers and police compensation, that's you, right? Chair Sarnoff Hiring and -- yeah, police compensation. You're recognized for the record, Chief Gomez. Jorge Gomez (Assistant Chief Police Department): Good morning, Commissioners. Since the last Commission meeting, we've been able to hire three more officers; they're certified; they're currently under orientation and they should be ready for the road in the next three weeks; they'll start their FTO (Field Training Officer). Chair Sarnoff So, Chief we were at 1,100 last time. I thought 10 or 13 just went through -- Assistant Chief Gomez: We've just sworn in 14, which they're also ready for the road. City ofMiami Page 65 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Chair Sarnoff By my math, 1,114; this will put us at 1,117? Assistant Chief Gomez: Correct, sir. Chair Sarnoff Okay. Commissioner Suarez: Mr. Chair, ifI may? Chair Sarnoff You're recognized. Commissioner Suarez: I just want to make sure, Chief that, you know, when we talk about the status of hiring officers, we have a complete picture that we also talk about if we've lost any officers, andl know that the discussion item is hiring officers, so it makes sense that you're focused on who we brought on. But I think we're very focused on the number of officers that we have, and so if -- let's say, for example, we hire 5, but we lose 10, then we have a net loss. Assistant Chief Gomez: Correct. Last -- Commissioner Suarez: So I just -- Assistant Chief Gomez: -- month we had three that retired through the DROP (Deferred Retirement Option Plan). Another thing that we could tell you, this week we had orientation for 221 certified officers. We just started the process, and they are going to go into the process. And as you know, on Monday at 12: 01 a.m., we'll start our recruiting drive, which we've been on radio, TV (Television) -- Commissioner Suarez: Maybe 21; not 221. Assistant Chief Gomez: No, 221. Chair Sarnoff Two hundred twenty-one? Assistant Chief Gomez: That came to orientation to -- those are certified officers. Chair Sarnoff Oh, certified, seeking employment from the City ofMiami. Assistant Chief Gomez: Correct, sir. Commissioner Carollo: Yes. Assistant Chief Gomez: Correct. Commissioner Carollo: There's a demand out there. Commissioner Suarez: Yeah, which is what we said from the get -go; yeah. Assistant Chief Gomez: And Monday -- you know, let me throw a plug in -- we're going to start a recruiting drive at 12:01, and hopefully, we'll get plenty of applicants. Commissioner Suarez: Guess our pay is pretty good after all. Chair Sarnoff Just so that what Suarez says is clear, 'cause my number sort of -- when I said you then have 1,100 -- 'cause I -- my understanding is, Chief you've never gone above 1,100. City ofMiami Page 66 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Assistant Chief Gomez: Correct. Chair Sarnoff So now -- Commissioner Suarez: Mr. Chair, may I interrupt? Chair Sarnoff Yeah, go ahead. Commissioner Suarez: 'Cause I think what would be better than us kind of talking about it -- I mean, I know it's a discussion item, but think you've been very consistent about putting this discussion item on the agenda for years, actually, on a regular basis. I think we should have a report -- you know what mean? -- a written report that is -- you know, that would be, to me, what makes the most sense to comply with your spirit of having a discussion item; you know, just like we do even with the -- you know, we have a -- based on our financial integrity principles, we have a financial discussion item on the finances of the City; it's not just a discussion. We have a physical report that we look at and that we can analyze so that, you know, maybe we don't, you know, have to go back and forth and they're -- we're comparing apples to apples every week, you know? Chair Sarnoff Yeah, andl agree, but I'd like to keep it like a one -- in the words of Donald -- Commissioner Suarez: Yeah, that's fine. Chair Sarnoff -- Rumsfeld, one page. Commissioner Suarez: Absolutely. Chair Sarnoff More than one page, you know. Assistant Chief Gomez: That is very doable, Commissioner. Commissioner Suarez: Yeah. Assistant Chief Gomez: That we could do for you. And another thing that I can tell you, I have another eight candidates that are certified, pending medical clearance. Commissioner Suarez: And you could put that all in like different categories, you know, like on the job, eight pending clearance; whatever the categories you want to list, so we know like who's kind of coming on, who's coming off. Chair Sarnoff But -- and this is always the looming thing that I don't know that I've ever understood; maybe you do or maybe Commissioner Carollo does. I know we can have some certifieds, butt know we can't have all certifieds because of DOJ (Department of Justice). So when you kind of get our -- I don't know. I got excited up here -- 221 certified officers, that tells me, "A," there's a demand; `B, " we could fill the need quickly; " C," you know, all that good stuff. But how does DOJ work into that? Of the 221, DOJ will allow you to hire 5? I'm not saying it's true but -- Assistant Chief Gomez: Last time, we were given clearance for 50, but out of those 221, you'll know that we won't be -- all 221 will not qualify. Chair Sarnoff Okay. But in the chart that Suarez is talking about -- 'cause I think it's a good idea -- I need to see a column that addresses what will DOJ allow us to do. Commissioner Suarez: Of course. City ofMiami Page 67 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Assistant Chief Gomez: Correct. Chair Sarnoff You know, let's say you have 1,000 certifieds that want to come on for 65 positions. DOJ will only allow us to have five. Well, then the Commissioners get in their mind, okay, we better get all our wits about -- Commissioner Suarez: We know what we're looking at. Commissioner Carollo: And Mr. Chairman, ifI may, I'm going on memory, but thought that was one time that DOJ allowed for us to hire 50. Assistant Chief Gomez: Correct. Commissioner Carollo: And we're not supposed to go back to them for a large amount or any amount, so I think the question is very valid. How many -- you know, let's say from those 221 -- I don't know what's the percentage that they actually quali, and "qualify" means background checks and so forth, but let's say 20, 25, maybe even 50, out of those, how many would DOJ say, "Okay, you could hire them"? Assistant Chief Gomez: And I'll ask this question, Commissioner. With the DOJ, we're almost out of the consent decree. We're still in the consent decree reference hiring based on the moving or the physical test, that we moved it from every three weeks to two weeks. That's the only thing that they want to see, that it's working out, but I think we're almost out of the consent decree when it comes to hiring. Commissioner Carollo: So we'll be able to hire certified officers? Assistant Chief Gomez: Correct. Commissioner Carollo: So if there's 60 of them that go through our background investigation and they qualin, and everything is fine for us to hire them, we could hire 60? Assistant Chief Gomez: If we come out of the consent decree; we don't have to get approval from them for everything, you know. Commissioner Carollo: And when do you foresee -- andl don't want to jump the gun, but when do you foresee that we could possibly get out of the consent decree? Assistant Chief Gomez: The only thing that held us back, that we had changed the physical test from every third week to two weeks. Commissioner Carollo: To allow more -- Assistant Chief Gomez: 'Cause we -- as you know, we have to give three physical tests, and we were doing it every -- you will take the test. If you failed it, you could come back in three weeks. Commissioner Carollo: Gotcha. Assistant Chief Gomez: So we took it back. If you failed it, you came back for two weeks. So right now, that is the only thing that's holding us. They want to see if that change that we made works or it doesn't work, and after that, I think we'll be out of it. Commissioner Carollo: And Chief just on a sidenote, are a lot of the candidates failing the physical test? Because I would think that this is going to be where they're most physically active, City ofMiami Page 68 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 I mean. So if they're failing it now, I'm concerned about the future. Assistant Chief Gomez: Commissioners, believe it or not, we do get a lot of failures, and you see candidates that look physically fit, and when it comes to the run, the sit-ups -- I don't know what's happening. Commissioner Suarez: Well, how many sit-ups; what's the run? Vice Chair Gort: They can't do sit-ups? Assistant Chief Gomez: The runs, the sit-ups and the pushups are based on your age, but there's a lot of people that fail. Chair Sarnoff I could pass that test. Commissioner Suarez: I bet we could pass it. Vice Chair Gort: That's ridiculous. Chair Sarnoff So let's say you have a 35-year-old officer -- I mean, just curious -- he has to run a mile, two miles within what timeline? Assistant Chief Gomez: No, everybody has to run the mile and a half -- Commissioner Carollo: Under 12 minutes. Assistant Chief Gomez: -- but they have a certain time based on their age. Chair Sarnoff On their age. Assistant Chief Gomez: Correct. Chair Sarnoff So a 35year-old officer, how fast would they have to run; 10 minutes? Assistant Chief Gomez: The average is -- the mile and a half, it's -- Vice Chair Gort: Fourteen minutes. Assistant Chief Gomez: -- 13 and change for a young man that's 20 to 30; then after that, it goes on to a little bit higher. Chair Sarnoff And just for the heck of it, sit-ups or pushups? I don't know what you do. Assistant Chief Gomez: The sit-ups as well, and the pushups is for age, too. I really don't have the amount on the top of my head, but as a matter -- it's -- they're very doable, 'cause the other day, I was talking to one of the background investigators and -- you know, I'm an old man; I was able to do a pushup a second, but there is some people that cannot do 30, 35 pushups -- Commissioner Suarez: For how many seconds? Assistant Chief Gomez: -- in a minute. Commissioner Suarez: For how many seconds? A pushup a second; for how many seconds can you do it? City ofMiami Page 69 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Assistant Chief Gomez: Until I ran out of breath. Commissioner Suarez: Good answer. That was a very, very good vague answer. I like that. Assistant Chief Gomez: But we do have a lot of failures and people that do it three times, and there's a lot of people don't show up; they just give up. Chair Sarnoff Okay. So moving forward, can we get a one pager that would have a column for -- I guess you would call it candidates -- a breakdown of those candidates. These are recruits. You call it a recruit when they're not certified right? What's your term? Assistant Chief Gomez: Yeah, recruits. Chair Sarnoff Recruit. And when they're a certified officer, you go -- you just call them certified? Assistant Chief Gomez: Correct. Chair Sarnoff Okay. So breaking down non -certified -- recruits, certified officers so we can get a look at who's attracted to us. I'd like to see a column that says your intention, you know, how many you intend to hire. I'd like to see a column that suggests what will the DOJ allow so we can see if that is a constraint or not, and then there needs to be a column -- I think Suarez said -- who is retired or left -- separated from employment I think is the most -- Commissioner Suarez: Total number on duty. Chair Sarnoff Right, because -- Commissioner Suarez: (UNINTELLIGIBLE). Chair Sarnoff -- as -- right. And then we could talk about -- I don't know (UNINTET,T IGIBT,F) have to put this in the memo -- how many are really on patrol, which is, I think, really -- Commissioner Suarez: Right. Chair Sarnoff -- what we're talking about. Vice Chair Gort: Yeah. Chair Sarnoff But you know what? Look, let's be -- Commissioner Suarez: (UNINTELLIGIBLE) breaking it down so we don't just keep discussing, oh, you know. Chair Sarnoff I think they want -- I think everybody wants to see patrol go up. I think there's a valid -- well, you'll decide whether it's valid -- there's an assumption here that an ounce of prevention is worth a pound of cure, so I think the more people we see on the streets, the better we feel as Commissioners. Assistant Chief Gomez: Commissioner, I totally agree with you when it comes to the uniform officer in the street. Patrol is and has always been the backbone of the Police Department and policing, and the uniform officer is the success of community policing. Chair Sarnoff But want to also say to you, Chief that there's been a major change in our clearance rates on some of our crimes, and we have not been clearing crimes as we had in the City ofMiami Page 70 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 past ten years ago, so we're not not cognizant -- I'm at least not, and I think the other Commissioners are not not cognizant -- of the fact that we may need to dedicate some officers towards solving the crimes that have been committed. Assistant Chief Gomez: Commissioner, as we continue to hire, I think our patrol will increase, and we'll be able to funnel some additional officers to those units, homicide, burglary, robbery, andl think we're going to succeed in our recruitment drives. Like I expect that by Wednesday, we'll have over 1,000 applicants for this recruitment drive that we start the 14th, but I totally agree with you; patrol, we used to have those uniform officers. And the Chief has also identified the officers that are going to go out, and we'll have at least 20 more out on the road by December. Chair Sarnoff Twenty on the road by -- so 20 -- Assistant Chief Gomez: From clerical positions, they'll be out there in the street. Chair Sarnoff Correct me if I'm wrong, guys. That was the commitment made at the budget -- Vice Chair Gort: Yeah. Commissioner Suarez: Correct. Chair Sarnoff Twenty, right? Vice Chair Gort: Right. Commissioner Suarez: Twenty five. Commissioner Carollo: Twenty. Chair Sarnoff Was it 20 or 25? Commissioner Carollo: Twenty. It was 20. Chair Sarnoff Okay. So you're saying they'll be out by December. Assistant Chief Gomez: They should be out by December. We already identified 5 that we put out last month, and now we have identified 10 more that are ready to go to the street, and by December, you'll have the 20. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: Hold on. I don't want to comingle this. There was 20 that we were looking at that were, for argument sake, behind desks that were going to go and patrol the streets. Now, what was promised, that at least 25 additional officers that are not patrolling streets now will be patrolling streets by December of this year. Assistant Chief Gomez: Correct. Commissioner Carollo: So there's two different figures. One is that by December of this year, we will have an additional 25 officers patrolling our streets; that's one number, so that's the 25. Now, the 20 is that we identify possibly -- City ofMiami Page 71 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Commissioner Suarez: That was 25, yeah. Commissioner Carollo: Right, it was 25. However, the 20 number is that we identify 20 officers that -- Commissioner Suarez: Yes. Commissioner Carollo: -- instead of doing administrative or behind the desk, could actually patrol the streets and some of them will actually have to be replaced by civilians, and we will have to hire the civilians, obviously, at a much lower cost. Chair Sarnoff So -- and having heard you say that, and I thought I understood the discussion. So you're saying 20 are coming out as a result of -- Commissioner Carollo: Well, I could tell you that I sat down with the Police Chief I sat down with the Manager, and we had a healthy discussion and even debate with regards to what an officer was actually doing, and can that task be done by a civilian where that police officer can then be released from doing administrative and be actually on the street patrolling our streets. Chair Sarnoff That's this 20 in my right hand. Commissioner Carollo: Yes. Vice Chair Gort: Right. Chair Sarnoff Okay. Then there's another 25. Commissioner Carollo: No. Chair Sarnoff No. Commissioner Carollo: What we said is that by the end of the year, 25 officers, an additional 25 officers will be patrolling our streets. In other words, let's say we have -- and I'm just going to throw a number out there. Let's say we have 100 officers patrolling our streets right now. Obviously, it's a lot more, but let's say we have 100 officers patrolling our streets right now. By December, it will be 125. Vice Chair Gort: Right. Chair Sarnoff Okay. So that -- okay. Commissioner Carollo: Right. Chair Sarnoff Then it's an additional 5 from the 20. Commissioner Carollo: Well, it could be the whole 20, or it could be -- you know, because -- Chair Sarnoff I just don't want to operate under this assumption there's 25, and there's 20 in this hand, the hand that you agreed we had 20, and then another 25. Commissioner Carollo: No. Within those 25, I'm sure there's going to be a lot from those 20, but some positions might take a little longer to hire a civilian to actually take over that position. Chair Sarnoff Okay. City ofMiami Page 72 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Commissioner Carollo: But eventually, by the end of the year, those 20 will be on patrol. But by the end of the year, we will have an additional 25 officers patrolling our streets. In other words, if we had 100 right now, we will have 125 by December. Now, that's by December. We are expecting for that number to now increase by February/March -- I forgot what was the date -- where we will have an additional 95 officers by the end of year. Chair Sarnoff That was the theoretical 40 that we were always budgeted under -- Commissioner Carollo: Right. Chair Sarnoff -- I'm sorry -- budgeted for but didn't have. Commissioner Carollo: Right. Chair Sarnoff Plus the 25 -- Commissioner Carollo: The 35. Chair Sarnoff -- plus the 10. Commissioner Carollo: Yes. Chair Sarnoff Okay. Assistant Chief Gomez: Out of those 25, we identified 5 right away, Commissioner, and we put them out on the street. Unfortunately, one of them decided to retire, so we -- the total number that we put out right away was 4, and we just submitted a memo with 10 more to the Manager, and by December, we'll have the others. Chair Sarnoff I would have put that in the Suarez memo. I think that was something that we'd want to see that -- Commissioner Suarez: True. Chair Sarnoff Now that's -- call it a miscellaneous memo. I think that's a -- Commissioner Carollo: Andl think it should be, you know, every -- I guess every Commission meeting when we have this, so we have a accurate -- Commissioner Suarez: Absolutely, of course. Commissioner Carollo: -- number. So I think, yeah, we should have a -- Commissioner Suarez: And so we're comparing apples to apples, so we're not kind of running around figuring out what -- you know, asking different questions every time. Assistant Chief Gomez: So -- but basically, let me break it down. You want people hired, people that are pending to be hired, people that retired? Commissioner Suarez: Yeah. Chair Sarnoff And then -- and I think he's also asking for the finite number, which is -- Commissioner Suarez: Right. City ofMiami Page 73 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Vice Chair Gort: At the end. Chair Sarnoff -- as a result of 10 hires -- Commissioner Carollo: But -- Chair Sarnoff -- 11 retires. Commissioner Carollo: In other words, in accounting, we would say the net number of police officers. Chair Sarnoff Net number.? Commissioner Suarez: Exactly. Commissioner Carollo: Yes. Commissioner Suarez: Andl would also say that within the numbers, a little bit of a breakdown of -- you know, we had this debate about whether it was uniformed officers or whether it's on patrol officers, you know, to the extent that you want to break that number down too. Assistant Chief Gomez: So to break down where are they at. Commissioner Suarez: Right. Assistant Chief Gomez: Perfect. Commissioner Suarez: Thank you. Chair Sarnoff But -- andl think what Commissioner Suarez also wants is he'd like to know -- so have we made a delta -- Commissioner Suarez: Absolutely. Chair Sarnoff -- a change on patrol officers. Commissioner Suarez: That's the point. Chair Sarnoff Right. Commissioner Suarez: That's the point here. That's the point of the exercise. Commissioner Carollo: So in other words, by December, we should have an increase in patrol of 25 officers, at least? Assistant Chief Gomez: Yes, sir. Commissioner Carollo: At -- let me rephrase that: At least an increase of 25. Chair Sarnoff I think -- Assistant Chief Gomez: Yes, sir. Chair Sarnoff -- the last thing this Commission wants, Chief is to learn that we put 95 officers in your department and 12 went on the street. City ofMiami Page 74 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Commissioner Suarez: Absolutely. Chair Sarnoff I think we'd be like angry. Commissioner Suarez: Right. I would think it would be a little more than that, but (UNINTELLIGIBLE). Chair Sarnoff Right. So -- and that's just the opposite, which is, I think we'd like to hear 95 officers were hired, and maybe you convince us that requires 10 or 15 supervisors that are not, per se, patrol; or you even convince us, `I need four homicide, three crimes -against -a -person officers," but we're looking for substantially most of these officers -- and I'm not talking about 60 percent. I'm talking in the 70 to 80 percent -- on the street as a deterrent to crime. Assistant Chief Gomez: Correct; I totally agree that prevention is better than trying to catch the bad guy. Chair Sarnoff Fair enough. Assistant Chief Gomez: And on supervisory, tomorrow we're promoting 17 new sergeants. Chair Sarnoff And just to help -- Commissioner Spence -Jones: Mr. Chairman. Chair Sarnoff Sorry. Is a sergeant a patrol officer? Assistant Chief Gomez: Yes. Chair Sarnoff Okay. Assistant Chief Gomez: They all go under patrol. Chair Sarnoff Okay. Commissioner Spence -Jones: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Spence -Jones: I just have two comments or maybe one comment and one question, but I am -- you know, I'm just hoping and praying that what we -- us, you know, putting these numbers out here, you know, we're actually able to really hire these officers because -- and I understand that part of our issue last time was personnel, you know, and how things were being -- we're not moving fast and quick enough, you know? So I know that that was a hindrance, and I know the issue that we had with the federal government, and those were some issues that we had to push through, and I thank Commissioner -- or Chairman Sarnoff for staying on it to get to the bottom of it, but I have to just at least put on the record that I just -- you know, I'm really hoping and praying that we're just not building, you know, hype, and we're not able to really put these officers on the streets. And, you know, I just -- you know, sometimes, I feel like we make statements just because, you know, sometimes it's what -- I feel like it's something that you know we want to hear. So I just don't want to send the wrong message to the public that we are actually going to be hiring these officers when we really -- it's a lot harder to do. So that was one of my comments. The second comment had is I've had a few officers mention to me that there was several discussions -- I don't know if it was in roll call or in general meetings -- in reference to the City annexing a certain part of the County. Do you know anything about this? City ofMiami Page 75 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Assistant Chief Gomez: Commissioner, the only thing know about that, that there was a study made, and part of that study, it was asked -- Vice Chair Gort: He can't answer that. Assistant Chief Gomez: -- how many officers will be needed to patrol certain portions of unincorporated Miami -Dade if the City ofMiami annex them. That's all know, and you know how rumors are. They start -- Commissioner Spence -Jones: What -- right. But I think it's important because it's important to not only communicate it to us, because when I'm approached as an official, or anybody sitting up here, I think we should kind of know it, right? And if the officers are communicating -- and I've had more than one officer communicate it to me -- then that means leadership is not really fully explaining what the issue was -- issue is or what's happening with the study. And I'm going to tell you what the concern is, is that if we're already having a difficult time handling the boundaries that we do have, if we're now talking about annexing areas where we're going to need more police and more patrol, I think that that's something that should be brought up in front of the City Commission, even if it's a situation where you're just discussing, "Hey, this is a possibility." Now, maybe they know andl don't know, okay? But I'm going to tell you, you know, certain -- some of it was connected to Liberty City, which I know if we're picking up in anything -- any additional work in Liberty City -- already, we're having a tough time handling Liberty City. So now taking up unincorporated Dade, asking our police officers, I think that's a bit -- I just want to understand. I think it's important for you to explain to the police officers, -- and it seems like Commissioner Gort maybe knows a little bit more about it than I do, but quite frankly, as an elected official that would have been picking up that area, I mean, I would have liked to have known. Assistant Chief Gomez: Commissioner, in my part, the only thing that I know is -- Vice Chair Gort: Wait a minute. Assistant Chief Gomez: -- about the study. Vice Chair Gort: "Mi culpa. Commissioner Spence -Jones: Hmm? Vice Chair Gort: It's my fault. Commissioner Spence -Jones: Your fault? Vice Chair Gort: Yes. Commissioner Spence -Jones: How? Vice Chair Gort: The City's been doing a study to incorporate certain areas that butted the City ofMiami. One of the areas that's been looked at for a long time was Melrose. Melrose is west of 27th Avenue, North River Drive and 36th Street. That area is right next to my neighborhood. Matter of fact, we have part of the City ofMiami -- 36th Street goes all the way to the Jai Alai. And the Jai Alai, part is in the City ofMiami and part is the County. I'm the one that requested to look at the -- because I know they've been doing studies before -- Commissioner Spence -Jones: Right. City ofMiami Page 76 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Vice Chair Gort: -- for many others, like small Coral Gables, little Coral Gables and other areas within the City ofMiami to incorporate within the City. Commissioner Spence -Jones: Would that include Liberty City? Vice Chair Gort: No. Commissioner Spence -Jones: Right. So I'm strictly just talking about -- Vice Chair Gort: No, no. Commissioner Spence -Jones: -- officers that patrol in -- Vice Chair Gort: But let me tell you what happened, though. Commissioner Spence -Jones: Okay. Vice Chair Gort: And my understanding is, which is reasonable, first, you got to see if it's feasible -- Commissioner Spence -Jones: Right. Vice Chair Gort: -- for us to get that area. Commissioner Spence -Jones: Okay. Vice Chair Gort: So studies has to be done. So my understanding is different departments were asked what would be the impact if we increased the City ofMiami to these areas, and that's what the report -- But unfortunate, like everything within the City ofMiami, rumor mills begin to go, and my understanding is -- at one time, somebody came up to me and says, "We're going to need 300 additional police officers because we taking all north, and we're going to go all the way to Fontainebleau and all that." So right now there's nothing really independent. I think they're doing a study in the University ofMiami, and the University of FIU (Florida International University) has done a study for many years -- Commissioner Spence -Jones: Yes. Vice Chair Gort: -- how it would benefit the City. Commissioner Spence -Jones: Right. Andl -- and again, I'm (UNINTELLIGIBLE) issues -- Vice Chair Gort: But agree with you. I think people should be informed because you -- Commissioner Spence -Jones: We should be informed. Vice Chair Gort: Once those (UNINTELLIGIBLE) -- those start going around, you got to sit down and says, "Listen, this is not taking place." So don't go around with rumors. This is the facts. Assistant Chief Gomez: Commissioners, whatl will do today when I go back to the station, I will put something in the official bulletin for all our officers to be informed, but like I said, Commissioner, all knew was about a study being done, but I'll put the accurate information on our official bulletin today. Commissioner Spence -Jones: Thank you. City ofMiami Page 77 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Assistant Chief Gomez: Thank you. Vice Chair Gort: Thank you. Chair Sarnoff All right, so we are apparently up to now discussion items and -- Commissioner Suarez: True. Chair Sarnoff Discussion on -- Commissioner Suarez: Appreciate it. Chair Sarnoff -- the status of -- Commissioner Carollo: Police hiring. Chair Sarnoff Are we not? Yeah, police hiring. Commissioner Spence -Jones: Hiring police officers and police compensation, that's you, right? Chair Sarnoff Hiring and -- yeah, police compensation. You're recognized for the record, Chief Gomez. Jorge Gomez (Assistant Chief Police Department): Good morning, Commissioners. Since the last Commission meeting, we've been able to hire three more officers; they're certified; they're currently under orientation and they should be ready for the road in the next three weeks; they'll start their FTO (Field Training Officer). Chair Sarnoff So, Chief we were at 1,100 last time. I thought 10 or 13 just went through -- Assistant Chief Gomez: We've just sworn in 14, which they're also ready for the road. Chair Sarnoff By my math, 1,114; this will put us at 1,117? Assistant Chief Gomez: Correct, sir. Chair Sarnoff Okay. Commissioner Suarez: Mr. Chair, ifI may? Chair Sarnoff You're recognized. Commissioner Suarez: I just want to make sure, Chief that, you know, when we talk about the status of hiring officers, we have a complete picture that we also talk about if we've lost any officers, andl know that the discussion item is hiring officers, so it makes sense that you're focused on who we brought on. But I think we're very focused on the number of officers that we have, and so if -- let's say, for example, we hire 5, but we lose 10, then we have a net loss. Assistant Chief Gomez: Correct. Last -- Commissioner Suarez: So I just -- Assistant Chief Gomez: -- month we had three that retired through the DROP (Deferred City ofMiami Page 78 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Retirement Option Plan). Another thing that we could tell you, this week we had orientation for 221 certified officers. We just started the process, and they are going to go into the process. And as you know, on Monday at 12: 01 a.m., we'll start our recruiting drive, which we've been on radio, TV (Television) -- Commissioner Suarez: Maybe 21; not 221. Assistant Chief Gomez: No, 221. Chair Sarnoff Two hundred twenty-one? Assistant Chief Gomez: That came to orientation to -- those are certified officers. Chair Sarnoff Oh, certified, seeking employment from the City ofMiami. Assistant Chief Gomez: Correct, sir. Commissioner Carollo: Yes. Assistant Chief Gomez: Correct. Commissioner Carollo: There's a demand out there. Commissioner Suarez: Yeah, which is what we said from the get -go; yeah. Assistant Chief Gomez: And Monday -- you know, let me throw a plug in -- we're going to start a recruiting drive at 12: 01, and hopefully, we'll get plenty of applicants. Commissioner Suarez: Guess our pay is pretty good after all. Chair Sarnoff Just so that what Suarez says is clear, 'cause my number sort of -- when I said you then have 1,100 -- 'cause I -- my understanding is, Chief you've never gone above 1,100. Assistant Chief Gomez: Correct. Chair Sarnoff So now -- Commissioner Suarez: Mr. Chair, may I interrupt? Chair Sarnoff Yeah, go ahead. Commissioner Suarez: 'Cause I think what would be better than us kind of talking about it -- I mean, I know it's a discussion item, but think you've been very consistent about putting this discussion item on the agenda for years, actually, on a regular basis. I think we should have a report -- you know what mean? -- a written report that is -- you know, that would be, to me, what makes the most sense to comply with your spirit of having a discussion item; you know, just like we do even with the -- you know, we have a -- based on our financial integrity principles, we have a financial discussion item on the finances of the City; it's not just a discussion. We have a physical report that we look at and that we can analyze so that, you know, maybe we don't, you know, have to go back and forth and they're -- we're comparing apples to apples every week, you know? Chair Sarnoff Yeah, andl agree, but I'd like to keep it like a one -- in the words of Donald -- Commissioner Suarez: Yeah, that's fine. City ofMiami Page 79 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Chair Sarnoff -- Rumsfeld, one page. Commissioner Suarez: Absolutely. Chair Sarnoff More than one page, you know. Assistant Chief Gomez: That is very doable, Commissioner. Commissioner Suarez: Yeah. Assistant Chief Gomez: That we could do for you. And another thing that I can tell you, I have another eight candidates that are certified, pending medical clearance. Commissioner Suarez: And you could put that all in like different categories, you know, like on the job, eight pending clearance; whatever the categories you want to list, so we know like who's kind of coming on, who's coming off. Chair Sarnoff But -- and this is always the looming thing that I don't know that I've ever understood; maybe you do or maybe Commissioner Carollo does. I know we can have some certifieds, butt know we can't have all certifieds because of DOJ (Department of Justice). So when you kind of get our -- I don't know. I got excited up here -- 221 certified officers, that tells me, "A," there's a demand; `B, " we could fill the need quickly; " C," you know, all that good stuff. But how does DOJ work into that? Of the 221, DOJ will allow you to hire 5? I'm not saying it's true but -- Assistant Chief Gomez: Last time, we were given clearance for 50, but out of those 221, you'll know that we won't be -- all 221 will not qualify. Chair Sarnoff Okay. But in the chart that Suarez is talking about -- 'cause I think it's a good idea -- I need to see a column that addresses what will DOJ allow us to do. Commissioner Suarez: Of course. Assistant Chief Gomez: Correct. Chair Sarnoff You know, let's say you have 1,000 certifieds that want to come on for 65 positions. DOJ will only allow us to have five. Well, then the Commissioners get in their mind, okay, we better get all our wits about -- Commissioner Suarez: We know what we're looking at. Commissioner Carollo: And Mr. Chairman, ifI may, I'm going on memory, but thought that was one time that DOJ allowed for us to hire 50. Assistant Chief Gomez: Correct. Commissioner Carollo: And we're not supposed to go back to them for a large amount or any amount, so I think the question is very valid. How many -- you know, let's say from those 221 -- I don't know what's the percentage that they actually quali, and "qualify" means background checks and so forth, but let's say 20, 25, maybe even 50, out of those, how many would DOJ say, "Okay, you could hire them"? Assistant Chief Gomez: And I'll ask this question, Commissioner. With the DOJ, we're almost out of the consent decree. We're still in the consent decree reference hiring based on the moving City ofMiami Page 80 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 or the physical test, that we moved it from every three weeks to two weeks. That's the only thing that they want to see, that it's working out, but I think we're almost out of the consent decree when it comes to hiring. Commissioner Carollo: So we'll be able to hire certified officers? Assistant Chief Gomez: Correct. Commissioner Carollo: So if there's 60 of them that go through our background investigation and they qualin, and everything is fine for us to hire them, we could hire 60? Assistant Chief Gomez: If we come out of the consent decree; we don't have to get approval from them for everything, you know. Commissioner Carollo: And when do you foresee -- andl don't want to jump the gun, but when do you foresee that we could possibly get out of the consent decree? Assistant Chief Gomez: The only thing that held us back, that we had changed the physical test from every third week to two weeks. Commissioner Carollo: To allow more -- Assistant Chief Gomez: 'Cause we -- as you know, we have to give three physical tests, and we were doing it every -- you will take the test. If you failed it, you could come back in three weeks. Commissioner Carollo: Gotcha. Assistant Chief Gomez: So we took it back. If you failed it, you came back for two weeks. So right now, that is the only thing that's holding us. They want to see if that change that we made works or it doesn't work, and after that, I think we'll be out of it. Commissioner Carollo: And Chief just on a sidenote, are a lot of the candidates failing the physical test? Because I would think that this is going to be where they're most physically active, I mean. So if they're failing it now, I'm concerned about the future. Assistant Chief Gomez: Commissioners, believe it or not, we do get a lot of failures, and you see candidates that look physically fit, and when it comes to the run, the sit-ups -- I don't know what's happening. Commissioner Suarez: Well, how many sit-ups; what's the run? Vice Chair Gort: They can't do sit-ups? Assistant Chief Gomez: The runs, the sit-ups and the pushups are based on your age, but there's a lot of people that fail. Chair Sarnoff I could pass that test. Commissioner Suarez: I bet we could pass it. Vice Chair Gort: That's ridiculous. Chair Sarnoff So let's say you have a 35-year-old officer -- I mean, just curious -- he has to run a mile, two miles within what timeline? City ofMiami Page 81 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Assistant Chief Gomez: No, everybody has to run the mile and a half -- Commissioner Carollo: Under 12 minutes. Assistant Chief Gomez: -- but they have a certain time based on their age. Chair Sarnoff On their age. Assistant Chief Gomez: Correct. Chair Sarnoff So a 35 year -old officer, how fast would they have to run; 10 minutes? Assistant Chief Gomez: The average is -- the mile and a half, it's -- Vice Chair Gort: Fourteen minutes. Assistant Chief Gomez: -- 13 and change for a young man that's 20 to 30; then after that, it goes on to a little bit higher. Chair Sarnoff And just for the heck of it, sit-ups or pushups? I don't know what you do. Assistant Chief Gomez: The sit-ups as well, and the pushups is for age, too. I really don't have the amount on the top of my head, but as a matter -- it's -- they're very doable, 'cause the other day, I was talking to one of the background investigators and -- you know, I'm an old man; I was able to do a pushup a second, but there is some people that cannot do 30, 35 pushups -- Commissioner Suarez: For how many seconds? Assistant Chief Gomez: -- in a minute. Commissioner Suarez: For how many seconds? A pushup a second; for how many seconds can you do it? Assistant Chief Gomez: Until I ran out of breath. Commissioner Suarez: Good answer. That was a very, very good vague answer. I like that. Assistant Chief Gomez: But we do have a lot of failures and people that do it three times, and there's a lot of people don't show up; they just give up. Chair Sarnoff Okay. So moving forward, can we get a one pager that would have a column for -- I guess you would call it candidates -- a breakdown of those candidates. These are recruits. You call it a recruit when they're not certified right? What's your term? Assistant Chief Gomez: Yeah, recruits. Chair Sarnoff Recruit. And when they're a certified officer, you go -- you just call them certified? Assistant Chief Gomez: Correct. Chair Sarnoff Okay. So breaking down non -certified -- recruits, certified officers so we can get a look at who's attracted to us. I'd like to see a column that says your intention, you know, how many you intend to hire. I'd like to see a column that suggests what will the DOJ allow so we can see if that is a constraint or not, and then there needs to be a column -- I think Suarez said -- City ofMiami Page 82 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 who is retired or left -- separated from employment I think is the most -- Commissioner Suarez: Total number on duty. Chair Sarnoff Right, because -- Commissioner Suarez: (UNINTELLIGIBLE). Chair Sarnoff -- as -- right. And then we could talk about -- I don't know (UNINTET,T IGIBT,F) have to put this in the memo -- how many are really on patrol, which is, I think, really -- Commissioner Suarez: Right. Chair Sarnoff -- what we're talking about. Vice Chair Gort: Yeah. Chair Sarnoff But you know what? Look, let's be -- Commissioner Suarez: (UNINTELLIGIBLE) breaking it down so we don't just keep discussing, oh, you know. Chair Sarnoff I think they want -- I think everybody wants to see patrol go up. I think there's a valid -- well, you'll decide whether it's valid -- there's an assumption here that an ounce of prevention is worth a pound of cure, so I think the more people we see on the streets, the better we feel as Commissioners. Assistant Chief Gomez: Commissioner, I totally agree with you when it comes to the uniform officer in the street. Patrol is and has always been the backbone of the Police Department and policing, and the uniform officer is the success of community policing. Chair Sarnoff But want to also say to you, Chief that there's been a major change in our clearance rates on some of our crimes, and we have not been clearing crimes as we had in the past ten years ago, so we're not not cognizant -- I'm at least not, and I think the other Commissioners are not not cognizant -- of the fact that we may need to dedicate some officers towards solving the crimes that have been committed. Assistant Chief Gomez: Commissioner, as we continue to hire, I think our patrol will increase, and we'll be able to funnel some additional officers to those units, homicide, burglary, robbery, and I think we're going to succeed in our recruitment drives. Like I expect that by Wednesday, we'll have over 1,000 applicants for this recruitment drive that we start the 14th, but I totally agree with you; patrol, we used to have those uniform officers. And the Chief has also identified the officers that are going to go out, and we'll have at least 20 more out on the road by December. Chair Sarnoff Twenty on the road by -- so 20 -- Assistant Chief Gomez: From clerical positions, they'll be out there in the street. Chair Sarnoff Correct me if I'm wrong, guys. That was the commitment made at the budget -- Vice Chair Gort: Yeah. Commissioner Suarez: Correct. City ofMiami Page 83 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Chair Sarnoff Twenty, right? Vice Chair Gort: Right. Commissioner Suarez: Twenty five. Commissioner Carollo: Twenty. Chair Sarnoff Was it 20 or 25? Commissioner Carollo: Twenty. It was 20. Chair Sarnoff Okay. So you're saying they'll be out by December. Assistant Chief Gomez: They should be out by December. We already identified 5 that we put out last month, and now we have identified 10 more that are ready to go to the street, and by December, you'll have the 20. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: Hold on. I don't want to comingle this. There was 20 that we were looking at that were, for argument sake, behind desks that were going to go and patrol the streets. Now, what was promised, that at least 25 additional officers that are not patrolling streets now will be patrolling streets by December of this year. Assistant Chief Gomez: Correct. Commissioner Carollo: So there's two different figures. One is that by December of this year, we will have an additional 25 officers patrolling our streets; that's one number, so that's the 25. Now, the 20 is that we identify possibly -- Commissioner Suarez: That was 25, yeah. Commissioner Carollo: Right, it was 25. However, the 20 number is that we identify 20 officers that -- Commissioner Suarez: Yes. Commissioner Carollo: -- instead of doing administrative or behind the desk, could actually patrol the streets and some of them will actually have to be replaced by civilians, and we will have to hire the civilians, obviously, at a much lower cost. Chair Sarnoff So -- and having heard you say that, and I thought I understood the discussion. So you're saying 20 are coming out as a result of -- Commissioner Carollo: Well, I could tell you that I sat down with the Police Chief I sat down with the Manager, and we had a healthy discussion and even debate with regards to what an officer was actually doing, and can that task be done by a civilian where that police officer can then be released from doing administrative and be actually on the street patrolling our streets. Chair Sarnoff That's this 20 in my right hand. Commissioner Carollo: Yes. City ofMiami Page 84 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Vice Chair Gort: Right. Chair Sarnoff Okay. Then there's another 25. Commissioner Carollo: No. Chair Sarnoff No. Commissioner Carollo: What we said is that by the end of the year, 25 officers, an additional 25 officers will be patrolling our streets. In other words, let's say we have -- and I'm just going to throw a number out there. Let's say we have 100 officers patrolling our streets right now. Obviously, it's a lot more, but let's say we have 100 officers patrolling our streets right now. By December, it will be 125. Vice Chair Gort: Right. Chair Sarnoff Okay. So that -- okay. Commissioner Carollo: Right. Chair Sarnoff Then it's an additional 5 from the 20. Commissioner Carollo: Well, it could be the whole 20, or it could be -- you know, because -- Chair Sarnoff I just don't want to operate under this assumption there's 25, and there's 20 in this hand, the hand that you agreed we had 20, and then another 25. Commissioner Carollo: No. Within those 25, I'm sure there's going to be a lot from those 20, but some positions might take a little longer to hire a civilian to actually take over that position. Chair Sarnoff Okay. Commissioner Carollo: But eventually, by the end of the year, those 20 will be on patrol. But by the end of the year, we will have an additional 25 officers patrolling our streets. In other words, if we had 100 right now, we will have 125 by December. Now, that's by December. We are expecting for that number to now increase by February/March -- I forgot what was the date -- where we will have an additional 95 officers by the end of year. Chair Sarnoff That was the theoretical 40 that we were always budgeted under -- Commissioner Carollo: Right. Chair Sarnoff -- I'm sorry -- budgeted for but didn't have. Commissioner Carollo: Right. Chair Sarnoff Plus the 25 -- Commissioner Carollo: The 35. Chair Sarnoff -- plus the 10. Commissioner Carollo: Yes. City ofMiami Page 85 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Chair Sarnoff Okay. Assistant Chief Gomez: Out of those 25, we identified 5 right away, Commissioner, and we put them out on the street. Unfortunately, one of them decided to retire, so we -- the total number that we put out right away was 4, and we just submitted a memo with 10 more to the Manager, and by December, we'll have the others. Chair Sarnoff I would have put that in the Suarez memo. I think that was something that we'd want to see that -- Commissioner Suarez: True. Chair Sarnoff Now that's -- call it a miscellaneous memo. I think that's a -- Commissioner Carollo: Andl think it should be, you know, every -- I guess every Commission meeting when we have this, so we have a accurate -- Commissioner Suarez: Absolutely, of course. Commissioner Carollo: -- number. So I think, yeah, we should have a -- Commissioner Suarez: And so we're comparing apples to apples, so we're not kind of running around figuring out what -- you know, asking different questions every time. Assistant Chief Gomez: So -- but basically, let me break it down. You want people hired, people that are pending to be hired, people that retired? Commissioner Suarez: Yeah. Chair Sarnoff And then -- and I think he's also asking for the finite number, which is -- Commissioner Suarez: Right. Vice Chair Gort: At the end. Chair Sarnoff -- as a result of 10 hires -- Commissioner Carollo: But -- Chair Sarnoff -- 11 retires. Commissioner Carollo: In other words, in accounting, we would say the net number of police officers. Chair Sarnoff Net number.? Commissioner Suarez: Exactly. Commissioner Carollo: Yes. Commissioner Suarez: Andl would also say that within the numbers, a little bit of a breakdown of -- you know, we had this debate about whether it was uniformed officers or whether it's on patrol officers, you know, to the extent that you want to break that number down too. Assistant Chief Gomez: So to break down where are they at. City ofMiami Page 86 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Commissioner Suarez: Right. Assistant Chief Gomez: Perfect. Commissioner Suarez: Thank you. Chair Sarnoff But -- andl think what Commissioner Suarez also wants is he 'd like to know -- so have we made a delta -- Commissioner Suarez: Absolutely. Chair Sarnoff -- a change on patrol officers. Commissioner Suarez: That's the point. Chair Sarnoff Right. Commissioner Suarez: That's the point here. That's the point of the exercise. Commissioner Carollo: So in other words, by December, we should have an increase in patrol of 25 officers, at least? Assistant Chief Gomez: Yes, sir. Commissioner Carollo: At -- let me rephrase that: At least an increase of 25. Chair Sarnoff I think -- Assistant Chief Gomez: Yes, sir. Chair Sarnoff -- the last thing this Commission wants, Chief is to learn that we put 95 officers in your department and 12 went on the street. Commissioner Suarez: Absolutely. Chair Sarnoff I think we'd be like angry. Commissioner Suarez: Right. I would think it would be a little more than that, but (UNINTELLIGIBLE). Chair Sarnoff Right. So -- and that's just the opposite, which is, I think we'd like to hear 95 officers were hired, and maybe you convince us that requires 10 or 15 supervisors that are not, per se, patrol; or you even convince us, `I need four homicide, three crimes -against -a -person officers," but we're looking for substantially most of these officers -- and I'm not talking about 60 percent. I'm talking in the 70 to 80 percent -- on the street as a deterrent to crime. Assistant Chief Gomez: Correct; I totally agree that prevention is better than trying to catch the bad guy. Chair Sarnoff Fair enough. Assistant Chief Gomez: And on supervisory, tomorrow we're promoting 17 new sergeants. Chair Sarnoff And just to help -- City ofMiami Page 87 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Commissioner Spence -Jones: Mr. Chairman. Chair Sarnoff Sorry. Is a sergeant a patrol officer? Assistant Chief Gomez: Yes. Chair Sarnoff Okay. Assistant Chief Gomez: They all go under patrol. Chair Sarnoff Okay. Commissioner Spence -Jones: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Spence -Jones: I just have two comments or maybe one comment and one question, but I am -- you know, I'm just hoping and praying that what we -- us, you know, putting these numbers out here, you know, we're actually able to really hire these officers because -- and I understand that part of our issue last time was personnel, you know, and how things were being -- we're not moving fast and quick enough, you know? So I know that that was a hindrance, and I know the issue that we had with the federal government, and those were some issues that we had to push through, and I thank Commissioner -- or Chairman Sarnoff for staying on it to get to the bottom of it, but I have to just at least put on the record that I just -- you know, I'm really hoping and praying that we're just not building, you know, hype, and we're not able to really put these officers on the streets. And, you know, I just -- you know, sometimes, I feel like we make statements just because, you know, sometimes it's what -- I feel like it's something that you know we want to hear. So I just don't want to send the wrong message to the public that we are actually going to be hiring these officers when we really -- it's a lot harder to do. So that was one of my comments. The second comment had is I've had a few officers mention to me that there was several discussions -- I don't know if it was in roll call or in general meetings -- in reference to the City annexing a certain part of the County. Do you know anything about this? Assistant Chief Gomez: Commissioner, the only thing know about that, that there was a study made, and part of that study, it was asked -- Vice Chair Gort: He can't answer that. Assistant Chief Gomez: -- how many officers will be needed to patrol certain portions of unincorporated Miami -Dade if the City ofMiami annex them. That's all know, and you know how rumors are. They start -- Commissioner Spence -Jones: What -- right. But I think it's important because it's important to not only communicate it to us, because when I'm approached as an official, or anybody sitting up here, I think we should kind of know it, right? And if the officers are communicating -- and I've had more than one officer communicate it to me -- then that means leadership is not really fully explaining what the issue was -- issue is or what's happening with the study. And I'm going to tell you what the concern is, is that if we're already having a difficult time handling the boundaries that we do have, if we're now talking about annexing areas where we're going to need more police and more patrol, I think that that's something that should be brought up in front of the City Commission, even if it's a situation where you're just discussing, "Hey, this is a possibility." Now, maybe they know andl don't know, okay? But I'm going to tell you, you know, certain -- some of it was connected to Liberty City, which I know if we're picking up in anything -- any additional work in Liberty City -- already, we're having a tough time handling City ofMiami Page 88 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Liberty City. So now taking up unincorporated Dade, asking our police officers, I think that's a bit -- I just want to understand. I think it's important for you to explain to the police officers, -- and it seems like Commissioner Gort maybe knows a little bit more about it than I do, but quite frankly, as an elected official that would have been picking up that area, I mean, I would have liked to have known. Assistant Chief Gomez: Commissioner, in my part, the only thing that I know is -- Vice Chair Gort: Wait a minute. Assistant Chief Gomez: -- about the study. Vice Chair Gort: `Mi culpa. Commissioner Spence -Jones: Hmm? Vice Chair Gort: It's my fault. Commissioner Spence -Jones: Your fault? Vice Chair Gort: Yes. Commissioner Spence -Jones: How? Vice Chair Gort: The City's been doing a study to incorporate certain areas that butted the City ofMiami. One of the areas that's been looked at for a long time was Melrose. Melrose is west of 27th Avenue, North River Drive and 36th Street. That area is right next to my neighborhood. Matter of fact, we have part of the City ofMiami -- 36th Street goes all the way to the Jai Alai. And the Jai Alai, part is in the City ofMiami and part is the County. I'm the one that requested to look at the -- because I know they've been doing studies before -- Commissioner Spence -Jones: Right. Vice Chair Gort: -- for many others, like small Coral Gables, little Coral Gables and other areas within the City ofMiami to incorporate within the City. Commissioner Spence -Jones: Would that include Liberty City? Vice Chair Gort: No. Commissioner Spence -Jones: Right. So I'm strictly just talking about -- Vice Chair Gort: No, no. Commissioner Spence -Jones: -- officers that patrol in -- Vice Chair Gort: But let me tell you what happened, though. Commissioner Spence -Jones: Okay. Vice Chair Gort: And my understanding is, which is reasonable, first, you got to see if it's feasible -- Commissioner Spence -Jones: Right. City ofMiami Page 89 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Vice Chair Gort: -- for us to get that area. Commissioner Spence -Jones: Okay. Vice Chair Gort: So studies has to be done. So my understanding is different departments were asked what would be the impact if we increased the City ofMiami to these areas, and that's what the report -- But unfortunate, like everything within the City ofMiami, rumor mills begin to go, and my understanding is -- at one time, somebody came up to me and says, "We're going to need 300 additional police officers because we taking all north, and we're going to go all the way to Fontainebleau and all that." So right now there's nothing really independent. I think they're doing a study in the University ofMiami, and the University of FIU (Florida International University) has done a study for many years -- Commissioner Spence -Jones: Yes. Vice Chair Gort: -- how it would benefit the City. Commissioner Spence -Jones: Right. Andl -- and again, I'm (UNINTELLIGIBLE) issues -- Vice Chair Gort: But agree with you. I think people should be informed because you -- Commissioner Spence -Jones: We should be informed. Vice Chair Gort: Once those (UNINTELLIGIBLE) -- those start going around, you got to sit down and says, "Listen, this is not taking place." So don't go around with rumors. This is the facts. Assistant Chief Gomez: Commissioners, whatl will do today when I go back to the station, I will put something in the official bulletin for all our officers to be informed, but like I said, Commissioner, all knew was about a study being done, but I'll put the accurate information on our official bulletin today. Commissioner Spence -Jones: Thankyou. Assistant Chief Gomez: Thank you. Vice Chair Gort: Thankyou. DI.2 DISCUSSION ITEM 13-01175 District 2- Commissioner Marc David Sarnoff DISCUSSION REGARDING POLICE COMPENSATION. 13-01175 E-Mail - Police Compensation.pdf DISCUSSED Chair Sarnoff Okay, D1.2 [sic]. Do you want to discuss this one after lunch, or do you want to take this up now? Commissioner Carollo: Take it up now. Commissioner Spence -Jones: Let's take it up now. Chair Sarnoff Okay. City ofMiami Page 90 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Commissioner Carollo: Take it up now, yeah. Commissioner Spence -Jones: (UNINTELLIGIBLE). Vice Chair Gort: Yeah. Commissioner Carollo: Let's not let anything linger. Commissioner Spence -Jones: Yeah. Chair Sarnoff All right. Vice Chair Gort: We might not even have to come back this afternoon. Chair Sarnoff All right, DI.2, Mr. Manager. Commissioner Spence -Jones: Right. Say it again. Chair Sarnoff It's a discussion regarding police compensation. Daniell Alfonso (Acting City Manager): Commissioner, we met with the FOP (Fraternal Order of Police) in an announced public meeting a couple of weeks ago. That meeting was to discuss, as per the noted agenda, the 3 percent one-time non -recurring pay. The FOB presented us with a different proposal, which we accepted. We are going through those numbers. We are preparing a different proposal, which we in the Administration would like to share with the Commissioners in executive session to get your direction as to what it is that you would like, and we're trying to schedule a meeting with the FOP for the 28th of October to go forth with whatever it is that the Commission would like to direct us to do. Chair Sarnoff Does any Commissioner want to say anything? Vice Chair Gort: Well, I think this is the type of thing we discuss at the budget. We've always done it in closed doors and look at the different alternatives and then we make the decision, and we bring it down here and we make a decision. I don't think we should negotiate out of here. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: I agree with Commissioner Gort. I think the executive session would be prudent for us to have, and, you know, it was my understanding, even though we voiced some of the things that we may like, we weren't supposed to negotiate from the dais, so we asked the Manager to actually negotiate with the FOP, andl think he's negotiated or they spoke about it, maybe the FOP presented the plans, what I understand, and the City is planning to now come back with a different plan or that's part of the negotiations, andl think we should have a executive session in order to be able to hear what the Administration has and, you know, what we have to say, and, you know, negotiate. So -- andl think we have a date set already; is that correct, Mr. Manager? Mr. Alfonso: That is correct, Mr. -- Commissioner Carollo. We have requested an executive session, andl believe that just about everybody has accepted on the 24th, between 1: 30 p.m. and 3 p.m. Commissioner Carollo: Okay, and that's Commission meeting, right? City ofMiami Page 91 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Mr. Alfonso: That is correct; that is the day of the next Commission meeting. Commissioner Carollo: Okay. And I'm okay with that date, too. I don't know if my office has answered or not, but I know my schedule is pretty tight this month, but I'm okay with that date, andl think it should be done so we could actually, you know, hear exactly what the plans are and, you know, give directions and move forward. Commissioner Suarez: Mr. Chair. Chair Sarnoff You're recognized, Commissioner Suarez. Commissioner Suarez: Thank you. Yeah. I mean, I -- look, I don't think this is that complicated. I think we were very clear as a policymaking body as to what we wanted to see happen. You know, obviously, there are details to be hashed out, but it's not -- it should not be complicated, 'cause I think this is something that we, as a policymaking body, committed to doing. I can understand why the police union is frustrated andl can understand why, you know, they kind of feel like they're getting the runaround, to be honest with you, because, you know, this is a situation that they've been advocating for months and you know -- From my perspective, I also sent an e-mail (electronic) requesting an executive session. I'm willing to do it as soon as possible. I know that there's one scheduled for the 24th. I would have been willing to do it earlier than that. I don't know if it's -- Commissioner Spence -Jones: I don't have a problem with that, as well. Commissioner Suarez: -- a matter of coordinating calendars or what the issue is, but I could do it earlier than that. But I'm very clear as to what my perspective is and what my issue -- my direction to the Manager will be. I won't express it here, because it'll obviously be expressed in the executive session. I think I've been very clear about what my position is on this issue, andl just think, you know, we need to get it wrapped up and move on so we can focus on other business. Commissioner Spence -Jones: I mean, I -- Chair Sarnoff Go ahead, Commissioner. Commissioner Spence -Jones: (UNINTELLIGIBLE) I mean -- Mr. Chairman, I totally agree with Commissioner Suarez. I mean, I'm actually a little shocked or stunned that we haven't made more progress on this issue, especially when I thought in that meeting, we -- that long discussion during the budget hearing is that we gave clear direction of what we wanted to see happen. So I'm a little stuck on why we -- if we made a decision, you know on the key issues, I'm not sure why we're still in the place that we're in. I do understand that we're not -- you don't need to negotiate from the dais, andl don't think we are negotiating, quite frankly. I think we're giving a directive to get it done. We've already identified the resources that can assist in this matter -- with this matter. We keep saying how important police, police, police, police is, and then we're constantly pushing back the date. So I am available to do it next week if we can. I would prefer the latter part of next week, so just in case when we get into this meeting next during the City Commission meeting, we have an opportunity, a second bite at the apple if we need to discuss it again. But I don't really understand why we're still discussing a directive that I thought we gave from the dais. Chair Sarnoff Okay, go ahead. Vice Chair Gort: I don't have any problem doing it sooner either. 171 be available any time you guys want to do it. The faster we do it, the better it is. But at the same time, I think we gave City ofMiami Page 92 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 instructions to the Manager, "This is what we think that should be allocated to that. You guys sit down and you work it out, how you think those funds can be used." That was my understanding of the motions that we made. There, he was given instructions on `X" amount of money and how to use it, by sitting down with the Police and work it out. Commissioner Spence -Jones: Right. Vice Chair Gort: I guess they demanded some things -- they demanded some additional things, andl think that's what we need to find out. Commissioner Spence -Jones: And let -- I'm sorry. Let me just -- Chair Sarnoff No, I -- Go ahead. Commissioner Spence -Jones: I think this all boils down to a matter of trust, and we have to understand where we were last year, guys, you know, and no fault of Danny's, and I think Danny's going to do what he feel is right for the City and right for us, so I'm not taking any -- you know, taking anything away from Danny. His job is to make sure he protects the City, and we respect that. But I think this does boil down to an issue of trust. Last year we had City employees -- you know, one message was conveyed, and then a couple of weeks later, it changed. I think what you're feeling now is the residue of that. You're feeling like, okay, here we voted on an item -- I mean, we discussed an item, we gave a directive, and then when that was over, then some of the things did not happen according to what we said on the dais. So I think, you know, when you see people, you know, jumping up and down about it, it's because they're remembering how they took a step backwards the first time around and then only discovered that, you know, something was different. So I think that what you're feeling now is a -- just a little distrust from -- on the police side and I'm sure from, you know, all the rest of the City employees. When we tell them something and then we turn around and say something different, it creates that kind of energy. So like everyone has already said, definitely, I think we should try to do it next week to get it out of the way so at least we live up to our word and our commitment to get to the bottom of it and just keep moving. I'm sure Danny's going to give us the best advice on what he feels, and ultimately, it will be our decision as to what we want to do. Commissioner Carollo: Mr. Chairman, ultimately, ultimately, I really believe that what this Commission wants to accomplish will happen. Vice Chair Gort: Yeah. Commissioner Carollo: Sometimes it takes a little longer; sometimes it doesn't. Most of the time, it takes a little longer, but I really believe that whatever this Commission wants to accomplish, especially with negotiations, it will happen. I was under the impression -- and by the way, I know they've been in negotiations. I haven't followed the play by play, but didn't know that there was that much of a frustration. I know that they were negotiating, and in negotiations, sometimes some things are said and back and forth, and that's part of the negotiations. But do believe that, ultimately, what this Commission wants to happen will happen. I really do believe that. The only thing I'm saying is this month is somewhat tough with regarding time for me. My schedule is pretty, pretty booked, so just, you know, be flexible with me. I don't see why we couldn't have an item in the Commission meeting and also have the executive session that -- on that meeting. We do it with Legal all the time. Don't we have a shade meeting and then we have an item, whether, you know, we want to vote it up or down. I mean, I'm not sure -- I don't know the technicalities -- I'm not sure, you know -- but the bottom line is, all I'm saying is be flexible, you know, with regards to -- normally, I would say, yeah, next week, I'm good, let's do this, but this month is a little tough with regards to time. I'm very scarce on time, so I would appreciate if we could do the executive session, which I believe Danny wants to do at the same time as the next Commission meeting. City ofMiami Page 93 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Chair Sarnoff I guess I see it a little differently. I saw a budget process that I thought I had no business or interest in voting for and was swayed by my fellow Commissioners when I thought a very clear directive was given to the Manager. I didn't think it was ambiguous at all. I thought we were very clear in what we wanted and very direct, andl think, to use a proverb, the Commissioners bent the oak tree's limb, and it was for the Manager to pick the fruit very quickly, and that's how I still see this, andl don't really understand or comprehend the need to go into an executive session when it was pretty clear that we actually gave the amount of money and where it was to be allocated towards, andl -- so I just question what it is exactly that we're doing. Commissioner Carollo: Mr. Chairman. Chair Sarnoff Yeah, you're recognized. Commissioner Carollo: And to a certain degree, I disagree with you somewhat, and I'll tell you why. I can assure you the majority of the public really didn't understand what we had done with regards to allocating $2 million, and that possibly, instead of the FOP accepting the 1 percent bonus, they were actually going to give that back in order for us to do the pay steps and all that process. I can tell you, I know even members of the media asked me, "Commissioner, what exactly occurred? Could you explain it to me?" and stuff like that. So I don't think it was really that cut and dry and clear, andl think that was the part of "There's $2 million, Mr. Manager; negotiate." Now, ultimately, I think the five of us know what the FOP wants to accomplish and how they want to go about doing that, but I don't think it was that cut and dry for everybody, and especially the public, to know exactly what were -- what we were thinking of and what FOP was thinking of. I know we said "Hey, there's $2 million. Mr. Manager, go negotiate." Andl think that's what occurred. Andl think the Manager has been negotiating with FOP, andl think he wants to bring it back to us; at least that's my understanding. Chair Sarnoff Well, if that's true, and in fair debate to you, how does an executive session, which is not open to the public, clear up for the public -- Vice Chair Gort: I think they -- Chair Sarnoff -- what it is that we are going to do? Commissioner Suarez: Let me -- Chair Sarnoff I -- and I'm going to Suarez in a second. I just feel like we were pain -- I've been up here seven years. I thought we were painfully clear, what we wanted done. You're recognized. Commissioner Suarez: No, look, I agree with -- I actually agree with you, Commissioner -- Chair. I don't think we need an executive session. The reason why I called for an executive session the day after was simply because I thought we were very clear from the dais as to what resources were available. We were warned or cautioned not to get into negotiations, and so I thought -- in an effort to make sure that our will was executed, I was going to call -- andl did call, I think the next day -- for an immediate executive session so that we could tell the Manager in executive session specifically what we wanted to have happen, rather than generally what we wanted to have happen. That was the only reason why. I had nothing to do with, you know, anything else. That was why I called for it. I wanted to make sure that our will was implemented and it was implemented immediately. You know, again, calling for an executive session and have -- you know, it being scheduled three weeks into the future is not -- Commissioner Carollo: (UNINTELLIGIBLE) three weeks. City ofMiami Page 94 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Commissioner Suarez: -- you know -- It was, I think, three weeks from when I called for it or maybe even longer from when I requested it. But be that as it may, I think the point here is I don't think we need an executive session. You know, my issue is I called for an executive session to make sure that we wouldn't be in this situation that we're in right now, which is we're two weeks from when, you know, we had the last discussion, and we're really nowhere further along; that's why I called for an executive session. It's really up to all of us as to whether or not we want to have it or not. I can go without it as long as the will of this Commission is implemented. If it's not going to be implemented, then I want to have an executive session so we can kind of air it out. The last thing want to say is that, you know, I think we did a gesture of good faith on the basis -- at leastfrom -- I can only speak for myself -- on the basis of the fact that, you know, Mr. Ortiz and his union was very, very consistent and persistent from the moment we -- they entered into their contract and we discovered all this money that we had not known was there, supposedly. But do want to say that in today's meeting, something did come up, and have to take the Chiefs or the Deputy Chiefs word for it, that 236 certified officers are applying, you know, to work in the City ofMiami, andl think that's significant. That's something that's important to know; that there is a demand for certified officers to come work in the City of Miami, and so we need to, you know, obviously keep that in mind as we deliberate, and into the future in making decisions that we have to make that are in the best interest, fiscal interest of the citizens of the City ofMiami. Vice Chair Gort: Mr. Chairman. Chair Sarnoff You're recognized. Vice Chair Gort: Let me see ifI can make it very simple. I think we agree with certain amount of monies that should be given to the Manager. I understand even took 200 -- $2 million from the reserve and so on, and I'm sure the Manager got the idea. The Manager came up with his plan of what he wants to do, but at the same time, I'm sure the FOP had their own plan, and they don't agree to it, and then if we want to change and want to go with his plan all the way, we have to see what are the options that we're going to take, how it's going to be affected, the rest of the budget, and how it's going to affect, and that -- I believe we need to know that. We need to know what's going to happen. We'll make the decision. Our final decision is us, but I mean, if we have to put in some additional funds in order to meet all his requests -- because it might not be an agreement what we allocated; it might be more money than that. Chair Sarnoff But can we make that decision? 'Cause once we've allo -- 'cause what we did was the allocation. We don't make -- we don't cut that minor -- it's a micro pie. We don't cut that micro -pie up. We created the pie -- Vice Chair Gort: Right. Chair Sarnoff -- and told the Manager -- Commissioner Suarez: Well, I think we can cut the micro -pie up in executive session and say, "Look" -- Vice Chair Gort: Right. Commissioner Suarez: -- "this is your specific direction on how" -- Vice Chair Gort: How you divide that pie. Commissioner Carollo: Exactly. Vice Chair Gort: I'm sure they got different ideas -- City ofMiami Page 95 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Commissioner Carollo: Exactly. Vice Chair Gort: -- how to divide the pie. Commissioner Suarez: Andl think that's what the Manager asked us to do -- Commissioner Carollo: Exactly. Commissioner Suarez: -- which is why the day after, I called for an executive session. Now, that it needs to happen this far in the future, for me, it's not necessary. I could do it tomorrow. I could do it -- Commissioner Carollo: Yeah, but -- Commissioner Suarez: -- next week. Commissioner Carollo: -- you don't know exactly. Commissioner Suarez: You're right, Commissioner, I don't. So -- Chair Sarnoff Well -- Commissioner Suarez: -- I apologize for that. Chair Sarnoff -- how do you want to proceed? Commissioner Carollo: And by the way, let me just add -- and again, I really believe that the intent of this Commission will occur. I really believe that, you know. I just think that unless we weren't genuine and told the Manager, "Negotiate; you have this amount of money, " then you know what? We should have told him, "You know what? Do this, do that, do this, get it done, sign the paperwork." Chair Sarnoff Well, we -- Commissioner Carollo: Because we -- it's my understanding, , we tell him "negotiate." If not, then this Commission should have said `Do this, do that, do this, you use this money and sign the paperwork." I mean, other than that -- I mean, I don't know what -- Commissioner Suarez: I think we were told that we could not do that. Chair Sarnoff Right. We -- Commissioner Suarez: Right. Chair Sarnoff -- were up here with two hands tied behind our back. Commissioner Suarez: Right. Chair Sarnoff Saying, "We can't act." We could speak in hypotheticals -- Commissioner Suarez: Right. Chair Sarnoff -- what we'd love to see, andl think all of us would have liked to have said -- well, I don't want to speak for any of you guys. I know what I wanted, you know. I wanted to City ofMiami Page 96 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 stop a problem of one- to five-year officers, you know. A one- to five-year officer has seen no compensation change in the City ofMiami since they got here. Then there was a minor issue with one other thing, andl thought the FOP's -- you know, the house money. We're playing with three -- 3 million is their money, so to speak. Once you all voted for the 3 percent bonuses, you were playing with their money. Vice Chair Gort: Yeah. Chair Sarnoff So we were allocating an additional $2 million. Vice Chair Gort: Right. Chair Sarnoff You know, you want to have an executive session? If that's the will of this Commission, that's okay. I just don't think it's necessary. I think we can get this done. I think we should -- I think, simply, the Manager should read and look at the minutes of that meeting and take the instruction. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: Okay, let's say we don't have an executive session. So he's just going to bring something to this Commission? Chair Sarnoff I don't think he has to bring anything to this Commission. Commissioner Carollo: I think we have to vote on it, yes. Chair Sarnoff The modifications to the contract? Commissioner Suarez: Of course. But I mean, he could do that -- Commissioner Carollo: And -- Commissioner Suarez: -- in briefings. I mean, he doesn't have to do that necessarily in executive session. Commissioner Carollo: And by the way, my only issue is, once again, that I'm scarce for time this month. That's my only issue. Commissioner Suarez: And that's (UNINTELLIGIBLE). Commissioner Carollo: I'm just scarce for time this month. Commissioner Suarez: I mean, I think that -- Commissioner Carollo: That's my only issue. Other than that, you know, I don't have a problem. But again, if you don't want to have an executive session, which I do believe we should have an executive session so we air this out. Chair Sarnoff So let me ask you this -- 'cause we have an over -light meeting today -- what if we went into executive session -- Vice Chair Gort: Today. City ofMiami Page 97 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Chair Sarnoff -- today at -- Commissioner Suarez: I don't think you can -- Chair Sarnoff --1 o'clock, 2 o'clock? Commissioner Suarez: I think you have to (UNINTELLIGIBLE). Commissioner Carollo: I don't know if we have to notice it. Chair Sarnoff Well, do we? Could we have an -- Vice Chair Gort: We (UNINTELLIGIBLE). Chair Sarnoff -- executive session today? Unidentified Speaker: : It's not public, so I don't think you have to notice it. Diana Vizcaino: Good afternoon. Diana Vizcaino, Assistant City Attorney. The question was whether or not an executive session under 447.605 needs to be noticed. The answer is no, it does not. In the past, as you all may recall, going back to 2010, there has been a notice posted outside of the room where we hold the executive session and there has been a notice posted in the Clerk's Office. However, the formal notice requirements regarding the three-day rule, et cetera, that is inapplicable for an executive session for purposes of collective bargaining. Chair Sarnoff So why don't we do a 2 o'clock executive session for one hour today? Commissioner Carollo: Mr. Chairman, I don't have a problem with that. I want to make sure that our Administration is prepared to have an executive session, but -- Commissioner Spence -Jones: 'Cause it seems like he's not. Chair Sarnoff Oh, I don't -- I think we have to be genuine with each other. Commissioner Carollo: I mean -- Commissioner Spence -Jones: Meaning, being prepared. I mean, you're just -- Commissioner Carollo: Yeah. Commissioner Spence -Jones: -- springing it on him right now. Commissioner Carollo: I mean, we just, you know, popped it up on them. I mean, I would prefer myself, because, yeah, I'm scheduled to be here, you know, the whole day. Vice Chair Gort: Yeah. Commissioner Carollo: But at the same time, I don't want to be unfair to our Administration and say, "Hey, we just popped up an executive session, grab all your paperwork, everything you want to present it" and, you know -- I think there needs to be some flexibility, also some fairness. Chair Sarnoff Mr. Manager, could you be prepared for an executive session 2 o'clock? Mr. Alfonso: Commissioners, if it's the will of this Commission to have an executive session City ofMiami Page 98 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 DI.3 13-01174 District 5- Commissioner Michelle Spence -Jones today to direct the Administration to do something, we could do that. Chair Sarnoff That was a good political answer. So I'll ask it a little differently. Vice Chair Gort: (UNINTELLIGIBLE). He's telling you what you guys want to hear. Chair Sarnoff Right. Vice Chair Gort: So that's fine. Chair Sarnoff Are you going to be prepared to talk about the 3 plus $2 million on how you think it should be allocated, how the FOP would like it allocated, and then we can discuss how it should be allocated? Mr. Alfonso: Commissioners, I will be ready to inform you what it is that the FOP requested, and in general terms, describe what it is that the Administration would like to propose, but we do not have that presentation ready. Chair Sarnoff Well, I -- this is -- Vice Chair Gort: Do -- Chair Sarnoff Let me just say this. Willy, we're not looking for a PowerPoint presentation. I think we're just looking for a conversation. Could you be conversant, and do you think that you would be informative of us on how you'd like to allocate this versus how FOP would like this allocated? Mr. Alfonso: Yes. Chair Sarnoff Okay, let's have an executive session at 2 o'clock. Commissioner Carollo: I'm game. Let's do it. Chair Sarnoff Okay. Unidentified Speaker: Thank you. Commissioner Spence -Jones: All righty. Chair Sarnoff So if somebody wants to post something on a bulletin board or whatever it is you want to do as quickly as possible, so let's do that at 2 o'clock. DISCUSSION ITEM DISCUSSION REGARDING AFFORDABLE HOUSING FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES. 13-01174 E-mail - Disabilities Housing.pdf DISCUSSED Chair Sarnoff. All right, so moving on. We have -- Commissioner Spence -Jones: DI1.3 [sic]. City ofMiami Page 99 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 D2.1 13-01056 Chair Sarnoff DI.3, affordable housing for developmental disabilities. Commissioner Spence -Jones: Yes. I just asked -- I don't know where George is, but I really wanted this to be a printed item as a resolution on the agenda, so I'm asking that they just bring it back as a resolution. Chair Sarnoff Okay, as a reso? Commissioner Spence -Jones: As a reso, yeah. Chair Sarnoff Okay, who's the person that -- you are, George, right? You understand her instruction? George Mensah (Director, Community Development): Yes. George Mensah. END OF DISCUSSION ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 VICE CHAIR WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 CHAIR MARC DAVID SARNOFF DISCUSSION ITEM DISCUSSION ON TRASH HOLES. 13-01056 Email - Trash Holes.pdf DISCUSSED Commissioner Spence -Jones: And Monday -- Commissioner Carollo: District -- Commissioner Spence -Jones: -- is a holiday, so I'm assuming that we -- Chair Sarnoff We'll do them right now. Commissioner Spence -Jones: Yeah. City ofMiami Page 100 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Commissioner Carollo: District pages. Chair Sarnoff District pages. Commissioner Carollo: Trash holes. Chair Sarnoff I will -- Commissioner Carollo: Trash holes. Chair Sarnoff Trash holes. Mr. Manager, you had a program out there. I think it survived your budget. I don't know how they're looking in other Commissioners' districts, but in my district, they're not looking too good, and those are the ones right around my home. I know that you came up with a new program, a new plan, and think you called it "hardening of trash holes." I think we had a presentation by you, Mr. Ihekwaba, correct? Nzeribe Ihekwaba (Director, Public Works): Yes, sir. Chair Sarnoff Is -- I don't know how the other Commissioners feel, but it's a little bit of a problem in my -- well, it's a problem in my neighborhoods, and I'd like to see the hardening continue if that is turning out to be a good program. Is it turning out to be a good program? Mr. Ihekwaba: Yes. Zeri Ihekwaba, Public Works director. The feedback we've received so far is that people are really excited about the alternate restoration plan that we have, which is essentially to use the asphalt trash pods to restore the areas that have trash holes. In the last budget, Public Works had made provisions to hire additional personnel and create dedicated crews that will be doing this work, and that process is in place. What we've done in the interim is to put some additional staff from existing crews and have them address trash holes while we do the recruitment process. Chair Sarnoff So that was a nice, long answer to a very good question. Mr. Ihekwaba: Yes. Chair Sarnoff Are we going to see a delta -- are we going to see a change in our trash holes in every Commissioner's district in the next three to five months? Mr. Ihekwaba: That would be -- I will give you a qualified answer, which is yes, as soon as we've completed the recruitment process and get the additional resources we've indicated that we need. Chair Sarnoff Commissioner Gort is recognized. Vice Chair Gort: Let me ask a question. Are you coordinating efforts with the Sanitation Department? Mr. Ihekwaba: Yes, as -- Vice Chair Gort: 'Cause the holes are being created by the -- what do you call them? -- cranes; they dropped it, they pick up not only the trash, but also they pick up the dirt along with it. So I don't know what answers or if you're going to come up with a plan so that would not take place, 'cause, I mean, we are the one that created the holes. Keith Carswell: Keith Carswell, director of Department of Solid Waste. You're absolutely correct, Commissioner. We recently -- of our 18 crane operators, we recently hired, within the City ofMiami Page 101 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 last three months, five due to a lot of retirements. We have a training program that start -- even though we have provided training, we have a new training program that we revamped that actually starts next Saturday. For the new hires, it's mandatory to go through the training. We're actually meeting with the union. It's four weeks, but Joe has made some suggestions that we extend it, so we're working together and trying to come up with a systemic change in it, because it's really just -- Going back to when I was a little kid, there were trash holes, and so one of the things that we're trying to do is minimize the frequency of creating the holes, 'cause we're not going to eliminate them. Vice Chair Gort: No. Mr. Carswell: And then in working with Public Works, we're addressing this new project. Vice Chair Gort: That's what I want to get you all to come up with. Maybe you and Public Works can come up with an idea, you fill up the holes, and at the top, maybe you can put concrete -- I don't know -- something that will not break it as fast, 'cause right now the -- all you fill it up with ground -- what do you use? Mr. Ihekwaba: Not necessarily. In the memo that the Manager submitted back in September, Public Works had three options. One is an asphalt pad, which is doing well; people like it. Vice Chair Gort: Good. Mr. Ihekwaba: The section option is in locations where we might not necessarily put a pad, because of push back by the residents who might consider planting a tree and also fill up and regrade the swale area. And the last option, which is the quickest form of response, is to restore the swale area with lime rock. So for -- so you know, some residents don't want the asphalt pad at all in front of their homes because it -- for them, it attracts more people that, "Hey, this is a new location to drop your trash." Vice Chair Gort: Part of that we talked about also is we got all those funds that we can use for cameras. There's certain places where illegal dumping takes place constantly. If we can place a camera there and we start fining people, maybe that's the only way people respond; if they get fined and it cost them to do that. I mean, we also opened that facility where people can go ahead and dump. Mr. Carswell: Quickly. A couple of quick things. We recently reopened the mini -- Commissioner Spence -Jones: Name for the record. Mr. Carswell: Keith Carswell, director for Solid Waste. Again, we recently reopened the mini -dump probably within the last three months. Vice Chair Gort: Right. Mr. Carswell: Which is an alternative for residents. Also, we've been working with the Environmental Crimes Unit with Sergeant Tapanes. Vice Chair Gort: And you're doing a good job. Mr. Carswell: We actually purchased about, I think, eight cameras, and they are actually doing surveillance on various locations, and so we -- it's coming together a bit slow, but there is a plan, and we are following the plan. Vice Chair Gort: Well, I just want you to know, I think your departments -- both of your City ofMiami Page 102 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 departments are doing a great job, and you guys are very responsive to -- at least to my district you are, and I'm sure you are with the other Commissioners, too. Thankyou. Mr. Carswell: Thankyou. Chair Sarnoff All right, thank you. All right, we have D -- so now we're up to D3, Commissioner Carollo, so tell me where you want to go. Commissioner Carollo: Since we have the hiring practice later and this is part of hiring -- recruiting, I would like to table this, andl would like to move to my second discussion item, illegal billboards. Judy from my office, if she could -- 'cause I want to show exactly what I'm speaking about. Vice Chair Gort: By the way, if you allow me a minute. If you all recall, about three of four month ago, we created the relations -- Labor Relations Board, which I'm chairing. We have met with the unions and with the head of the ER (Employee Relations) right now, that some changes are being made already, that we're being recommended; they're looking at it. If you all recall, we had about 6,000 different classification for employment in the City ofMiami. They have worked on that and they eliminated quite a few of them, and we'll be coming back with a report on that. END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO D3.1 DISCUSSION ITEM 13-00723 D3.2 13-00678 FOLLOW UP ON RECRUITING. 13-00723 Email - Recruiting.pdf NO ACTION TAKEN DISCUSSION ITEM ILLEGAL BILLBOARD. 13-00678 Email - ILLegal Billboard.pdf DISCUSSED Direction by Commissioner Carollo to the City Manager and City Attorney to work together in order to present an ordinance that will impose and eliminate visual pollution by vehicles transporting signs and LED signs; further directing that the City Manager provide an update on the issuance of warnings to businesses and individuals responsible for the illegal transient signs in District 3. Commissioner Carollo: I want to show you what I am seeing more and more popping up in the City ofMiami. Is our Planning & Zoning director here? Chair Sarnoff Code Enforcement (UNINTELLIGIBLE). Commissioner Carollo: And Code Enforcement. Planning & Zoning and Code Enforcement. City ofMiami Page 103 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Alice Bravo (Assistant City Manager/Chief of Infrastructure): Coming up. Commissioner Carollo: This is a mobile billboard that is at a gas station. Can you go to the next -- Here it is. It's actually a mobile LED (Light -Emitting Diode) billboard and it's not mobile; it's actually stationary there. And can you keep going? And it also, as you could see -- I think that it's only three pictures that are there, right? So I want to veri, is this illegal? Francisco Garcia: Good afternoon. Francisco Garcia, Planning & Zoning director. There are two components to this that I'd like to address and one, we'd have to do a site verification to make certain. As you've described them and as I've seen them in the photographs, they are stationary on the site. They are not standalone. They are instead installed on a vehicle. Are those two facts correct? Commissioner Carollo: They are not standalone. They are on a vehicle, yeah. I don't know if it's welded on, but they are on a, what I would consider, yeah, a vehicle with a license plate. Mr. Garcia: Right. So to the extent that the vehicle is parked there to do business, so on a very temporary basis, they can be in the vehicle and leave with the vehicle. To the extent that they're left there for a lengthy period of time and to the extent that we can ascertain that the intent is to actually have that copy be seen by others and display and advertising a product, I would think that one can make the argument that they are there illegally, and to remain there for a long period of time, they would need a permit, which would not be granted because they are not eligible for said permit. Commissioner Carollo: Okay. 'Cause it's my understanding that -- I mean, they're even advertising. "Hey, advertise here," and it's not just anything that's being sold within that store. And if -- I mean, ifI ever saw an illegal billboard, I think this is it. And if you want the location, I'm sure they're going to be stationary there. It's going to be 17th Avenue and Northwest 7th Street. Mr. Garcia: The other thing, Commissioner, that I would like to add, because I probably made it sound clearer than it actually reads in the code -- and I'm being advised that the code is sometimes a little vaguer than ideal. This is an issue, andl get that loud and clear. And what would request is from the -- perhaps the code compliance director -- if they need some clarification or an interpretation to be issued to clam that this is in fact the case and these are violations that can be cited, we are happy to provide said interpretations. Commissioner Carollo: See, this is what don't understand. This is what don't understand. If to erect a billboard, we have all these regulations and requirements and even to a point that I would say confusion, because there's some residents that believe that they are illegal and some say they are not and there's all this confusion with ones that we have actually numbered and identified with the three big companies. How could this not be illegal? I just -- this is a billboard that was placed in front of a business, and it's been there for quite a long time. So if this is the new way, I -- you know, I think the people in the industry, they're losing money by having that fixed cost, and really, what they need to do is start putting all of these in little trailers and go all over the City and start selling it, and what a chaos and mayhem. And if you want to talk about visual pollution, I mean -- Mr. Garcia: Right. Commissioner Carollo: So I don't -- I just don't see how this cannot be illegal. And if it's not, please let me know, 'cause I'm going to bring an ordinance to make sure that it is illegal. Vice Chair Gort: My question is who issues a permit for that? City ofMiami Page 104 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Mr. Garcia: All right. So if -- Vice Chair Gort: That's a question: Does the City issue a permit? Mr. Garcia: Fair enough, and I'll answer it, but I'd like to clam a statementI made before just to be abundantly clear on this issue. So statement one, the images you showed are clearly of illegal advertisement, full stop. To the extent that the present code, the Miami Zoning Ordinance, is not clear or not clear enough or someone has any doubts, we are happy to issue an interpretation if one is needed just to facilitate enforcement efforts, just to make it safer. Last but not least, no permit could ever be obtained for that -- Vice Chair Gort: Yeah. Mr. Garcia: -- because it is an illegal structure and it is prohibited. Vice Chair Gort: So they're illegal? Mr. Garcia: Yes, sir. Vice Chair Gort: And Code Enforcement can go in there and -- Mr. Garcia: I am of the opinion that that is the case. If Code Enforcement needs an interpretation to make it any clearer, I'm happy to make that interpretation. Vice Chair Gort: Oh, okay. Chair Sarnoff Code would go in to the owner of the property of the gas station and would cite the gas station for the deployment of an illegal sign. Mr. Garcia: That is correct. And that is where there's some degree of ambiguity because, as I described earlier, if the vehicle is there to, say, gas up for ten minutes, then that's not the case. And again, that's difficult to determine by simply one photograph. What the Code Enforcement inspector would have to do is to document the fact that they were there at the site at X'time and they were there at the site at X'bther time. There was a time lapse. The vehicle has been stationed there and the very fact that the vehicle has been stationed there for that prolonged period of time makes it illegal. Chair Sarnoff Wait, wait, wait. Mr. Garcia: It's simple to do. Chair Sarnoff Wait, wait, wait, stop. Supposing the vehicle stops for five minutes and says "Advertise Here Now. Call 407-844-4102 "; illegal or not illegal? Mr. Garcia: I'm sorry. I was listening to the assistant City Manager. Chair Sarnoff Madam -- Mr. Garcia: Can you say it again, please? Chair Sarnoff -- City Manager, please leave him alone for a few minutes. Mr. Garcia: My apologies. City ofMiami Page 105 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Chair Sarnoff Now, here's my question. Mr. Garcia: My apologies. Chair Sarnoff Vehicle is there for five minutes -- Mr. Garcia: Right. Chair Sarnoff -- only five minutes -- Mr. Garcia: Right. Chair Sarnoff -- and it's displayed just like this; legal or illegal? Mr. Garcia: Judgment call. We can certainly cite them for it. Chair Sarnoff Okay. Mr. Garcia: Here's the issue, though. Here's the issue, just to be -- because -- Code Enforcement -- let's under -- Chair Sarnoff Let's not -- let's -- Commissioner Carollo: And Mr. Chairman. Chair Sarnoff Wait, wait, wait. Wait, wait. Let's not use pronouns Them."Who is them? Mr. Garcia: I'll get to it. I'll get to it. Let's for a moment understand that code compliance and Code Enforcement are not necessarily easy matters; sometimes they're tricky. We know they can be. And here's the issue. We would be citing not the driver of the vehicle -- Chair Sarnoff Right. Mr. Garcia: -- but the property owner. So it behooves us before we actually cite the property owner that has a vehicle against their will stationed on their property for illegal signage, right, so I'm citing a property owner, I'm citing, for all practical purposes, my property where a vehicle that don't want to be there for being there. I'm citing me for having the vehicle there, andl don't even know of its existence. Before we do that, we need to be able to ascertain that that vehicle is there with the consent of that property owner and therefore hold the property owner responsible for the infraction. Chair Sarnoff The consent of which would be implied by the longevity of the vehicle being there. Mr. Garcia: Precisely. Chair Sarnoff Wait, stop. Now, go down the rabbit hole of do we have in our code the ability to cite the vehicle or the trailer with the tag associated with that? Mr. Garcia: We do not, sir. Chair Sarnoff We do not have that? Mr. Garcia: We do not. City ofMiami Page 106 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Chair Sarnoff If you were to propose -- Commissioner Carollo: Yes. Chair Sarnoff -- an ordinance -- Commissioner Carollo: Exactly. Chair Sarnoff -- do we have under Florida Statute or the Florida Constitution or the County exercise of our grandiose powers, which are very small, does he have the ability to propose an ordinance that would cite the vehicle and the tag? Victoria Mendez (City Attorney): Right now we would have to check with the motor vehicle statute. However, it's something that could be done. I -- checking right now first plan (UNINTELLIGIBLE) something that could be done; maybe not under a vehicle citation. That would probably -- Chair Sarnoff Right. Ms. Mendez: -- require police involvement in that regard. Chair Sarnoff We got plenty of them. So why don't you take this as an instruction from Commissioner Carollo. I know he wants to know if he could go after the vehicle owner and the tag -- whoever has the tag that is carrying that sign. He wants to know whether he can (UNINTELLIGIBLE) be proposed an ordinance in the City ofMiami to do that. Because I know how this turns out andl think you do too, which is -- he's right, this has been there for 17 days; consent is implied. But if it's been there for one or two days and this is going to make routes around his district to various gas stations -- 'cause let's say they say for 100 bucks a day, let me park my vehicle here. Commissioner Carollo: Absolutely. Vice Chair Gort: Yeah. Commissioner Suarez: But I don't even think that's as much of an issue, because if you're a gasoline station owner and someone parks a vehicle that creates a citation for you, you're not going to let them park there. Chair Sarnoff Agree. You're saying practical point is that guy's going to be cited, he's going to come in front of Code Enforcement Board, he's going to take a day off from work, he's going to -- correct. Commissioner Suarez: Well, it'll be like a notice of -- it'll be a notice of violation for which you can comply, right? Vice Chair Gort: Is there any regulations about this? Ms. Bravo: Mr. Chair. Commissioner Carollo: Mr. Chairman. Chair Sarnoff Go ahead. Commissioner Carollo: HI may. City ofMiami Page 107 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Ms. Mendez: I'm checking the County Code right now, but will be able to give you better research in a little bit. Ms. Bravo: The County Code -- Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: IfI may, andl think we need to take this by steps. The first step, Mr. Manager, I think that someone needs to notify the owner of that business that this is not allowed and give him a warning, andl would say maybe a day warning so that tomorrow this should be eliminated, it should be gone, and then I am assuming that it will be gone. If not, then I think Code Enforcement needs to do what Code Enforcement should do. At the same time, I think that we need to study this issue, 'cause this could be a broader issue, because I'm starting to see more and more -- Vice Chair Gort: More. Commissioner Carollo: -- of these being popped up. By the way, this wasn't five minutes that I was there. I can assure you, this is not the only advertisement. We have pictures with a lot more advertisement. The only thing is, in all fairness, we didn't want to show all the different advertisement, but it's happening there. The reason they have an LED is not to advertise just one customer. They have eight per minute, I think it is. So I want to take the first steps to eliminate this, at least from the street and avenue where I mentioned. At the same time, I think we need to now look at it and see what needs to be done in order for this not to continue and expand this, you know, visual pollution that will call, because, in all fairness, it is not allowed. And don't know if there's any regulations with regards to lighting and so forth. But, you know, that's very close to the driver. You see how close this car is to the -- that sign, andl don't know if even at night it could cause some type of accident, so it could be a safety issue. So I really want to see what we can, cannot do. Do you need something from me? I am willing to sponsor whatever ordinance it takes. But the bottom line is, you know -- andl don't want you -- I don't want to just put you on the spot. I want you to do your homework, because in all fairness, this is extremely important, andl don't want to do anything -- cut any corners. I want to make sure that we have a solid ordinance in order to make sure that this does not continue and we, you know, really brainstorm with regards to who should be responsible. Can we -- can the person that actually brings the trailer or the owner of that trailer be responsible? Is it both the trailer and the business owner? But at the same time, you know, the business owner may not know. Someone comes up with a bright idea. Comes to them and say, "Hey, listen, do you mind if we park this? We'll give you 100 bucks a day." He's thinking, "Wow, it's business. Yeah, sure, go ahead" You know, so I don't want to also punish them if there's no knowledge there. So that's why -- that's the reason why today, I think we should go with a warning letting them know so they are clear that this is not allowed. However, in the future, I do want to address this fully just to make sure that if there's any loopholes in our ordinance, we fix them. Chair Sarnoff All right. Ms. Mendez: Commissioner, ifI may? Chair Sarnoff Let me just go to Ms. Bravo. Ms. Bravo: And something we're going to look into is a two prong approach and whatever modification to the ordinance would be necessary so that also police could issue to citation that's transporting this type of sign. In that way, we can address it on both ends. City ofMiami Page 108 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Chair Sarnoff You know, bear in mind, there's actually three potential people here: There's the Vice Chair Gort: State. Chair Sarnoff -- fee simple absolute premise owner, there's the tag owner for the trailer, and there's the driver of the vehicle that is towing the trailer, so you have three potential people that you can take corrective action with. Now, go ahead, you wanted to say something. Ms. Mendez: We have -- under our City Code and under the Zoning Ordinance, we have a lot of potential causes for citation, and under the County Code as well. Remember, not taking the photograph in a vacuum, we need to see is it blinking, is it too large, is it --? So there's a lot of things just based on signage alone that could be placed against a property owner. I would not have a problem suggesting that Code Enforcement goes out and does give a warning, because this sign, based on many criteria within the City Code or even the County Code, would not be allowed. So I just wanted to advise you of that. Andl will work with the Administration on making sure whatever legislation to make it even tighter is created. Chair Sarnoff Commissioner Gort. Vice Chair Gort: I think the -- if they have a license motor vehicle, also the State has to be involved somehow. My question is, who -- do they need a permit to create that? Because not only do we see these trailers, but now we have buses going around or cars that have been adapted, and they got all the signs on the side. Somebody's got to regulate that. Is that being regulated right now by the State, the County or --? Ms. Mendez: The buses have a program through Miami -Dade County, I believe, that allows for them to do that. Vice Chair Gort: Not the buses. I'm talking about cars that have been converted into moving -- the mini buses -- Ms. Mendez: Right. Vice Chair Gort: -- that have been converted and advertising. Ms. Mendez: The problem with those is that they're difficult to -- because of their transient nature, they're difficult to maintain and actually go after, but we will look at traffic control -type devices that could assist us. Vice Chair Gort: Look, we have an ordinance that with street vendors, they allowed to stay within a corner, but they have to move. If they don't move, they get -- Ms. Mendez: Right, our peddlers' ordinance. Vice Chair Gort: Yeah. Okay. Commissioner Carollo: And Mr. Chairman, what I would like is for the Administration to give me an update on making sure we issue the warning. I'm sure by tonight and definitely tomorrow morning will be in the district driving and know if they follow it or not. And then I'm either going to bring up a follow-up discussion item on this or then it will be an ordinance, andl don't know what the preference of my colleagues would be ifI bring a follow-up illegal billboard discussion item so, you know, we could see exactly all the answers -- all the questions that we asked are answered and then, you know, heads up. I'm going to bring an ordinance, if need be, in order to address this. City ofMiami Page 109 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Chair Sarnoff I -- Vice Chair Gort: We need to address it. Chair Sarnoff Why don't you take the ball and run with it? I think everybody here wants to see any illegal advertising to be done away with. And if we have loopholes, let's close them. Commissioner Carollo: Yeah, absolutely. Chair Sarnoff All right. Commissioner Carollo: Thank you. Chair Sarnoff We're going to be in adjournment -- Vice Chair Gort: Can we come back at 2: 30? Chair Sarnoff Yeah, we'll do 2: 30. Commissioner Carollo: Well, hold on, hold on, hold on. In all fairness, we cannot come back at 2: 30 because at 2 o'clock we have an executive session. Vice Chair Gort: We can acknowledge at 2 o'clock, but we can show.. Chair Sarnoff Well, you want to do the executive session at 2: 30. So is everybody okay with a modification to give everybody a little more time, 2: 30 executive session? Commissioner Carollo: That's fine. Chair Sarnoff All right. Commissioner Carollo: I'm okay. Chair Sarnoff And then we're in recess for lunch. Thank you. D3.3 DISCUSSION ITEM 13-00753 D3.4 13-01097 UPDATE REGARDING THE CIP PROCESS. 13-00753 Update - CIP Process.pdf NO ACTION TAKEN DISCUSSION ITEM FOLLOW UP REGARDING SEPTEMBER 30, 2013 AUDIT. 13-01097 Email -Audit -September 30, 2013.pdf DISCUSSED Chair Sarnoff And you said you had -- Commissioner Carollo: Mr. Chairman, yeah. I have one quick discussion item that I want to -- City ofMiami Page 110 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Vice Chair Gort: I got a pocket item. Commissioner Carollo: -- and it will be quick. All it is, is I would like the Finance director, if he could please come up. I want to see where we are in the process for the audit for September 30, 2013 year. Pretty much, have we received the PBC (Provided by Client) letter and have they begun interim testing? Jose Fernandez: Jose Fernandez, Finance Department. Yes, we had a meeting with them about two weeks ago where we sat down and we discussed our expectations; our expectations from them, they're expectations from us. They gave us an interim PBC list. We've provided them everything on that list. They gave us the PBC list for final, and we're working through that list right now. And they're in the process right now of doing interim work and actually documenting our process, going through the internal control reviews. So, I mean, so far it's -- you know, it's -- we're on track and we should, you know -- if anything happens, then we will make sure to come back and let you know if something derails us from continuing this progress. Commissioner Carollo: Thank you. And I would think that sometime in November I'm going to bring it backup to make sure that we're continuing on that process, because I definitely want to be able to have issued financial statements on time this year. Mr. Fernandez: Okay. Commissioner Carollo: Thank you. Mr. Fernandez: You're welcome. D3.5 DISCUSSION ITEM 13-01107 D3.6 13-01171 FOLLOW UP ON PREVIOUS DISCUSSION ITEM REGARDING COMPLIANCE WITH THE FINANCIAL INTEGRITY PRINCIPLES ORDI NANCE. 13-01107 Email - Compliance with Financial Integrity Ord.pdf NO ACTION TAKEN DISCUSSION ITEM HIRING PRACTICE IN THE CITY OF MIAMI AND DIRECTING THE INTERNAL AUDITOR GENERAL TO INVESTIGATE THE COMPLAINT BY CITY EMPLOYEE HEARD AT THE SEPTEMBER 26th BUDGET MEETING. 13-01171 E-Mail - Hiring Practices.pdf DISCUSSED Note for the Record: Please see Item RE.10 for minutes referencing Item D3.6. END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ D4.1 DISCUSSION ITEM City ofMiami Page 111 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 13-00665 UPDATE REGARDING THE COLLECTION OF OUTSTANDING SPECIAL ASSESSMENT LIENS. 13-00665 Update - Special Assessment Liens.pdf DISCUSSED Chair Sarnoff We're back on the record. We do have the time certain, which I think was RE.10, but as long as Commissioner Carollo not here, why don't we go to -- Commissioner Carollo: I'm here. Chair Sarnoff We're going to start with RE.10 then. You're recognized for the record. Commissioner Carollo: However, Mr. Chairman, I think this an important issue, andl don't know if Michelle -- Commissioner Spence -Jones may need a few more minutes, butt would like to have a full Commission, if possible. Chair Sarnoff Okay. Let me -- Commissioner Carollo: I mean, I don't know if -- I mean -- Commissioner Suarez: I'll do my discussion item, that's fine. I'll do my discussion item. Chair Sarnoff Yeah, that's what I'm saying. We'll just go to -- Commissioner Suarez: Yeah. Chair Sarnoff -- we'll go to Commissioner Suarez' discussion item. Commissioner Suarez: Okay. Chair Sarnoff You're recognized for the record, D4.1. Commissioner Suarez: Thank you, Mr. Chair. My discussion item should be fairly brief. I don't know if you recall when I arrived, I worked with the City Attorney's Office to look into the collection of special assessment liens and finesfrom the City, and periodically updated the Commission on what those efforts have been. And the intent was to demonstrate to the Commission that this would be a rolling fund as we continue to assess these liens. We would be able to collect them and they would be very collectible. So I just want to say that as of October 7, we have collected for unsafe structures $216,187.18; and for lot clearing special assessments, which are essentially when we go in and cut the grass and things of that nature, we've collected $156,812.19 as of October 7. So the total amount that we've collected is roughly $372,000 -- 73,000, give or take, so just wanted to update the Commission on that, as I predicted, and in conjunction with the City Attorney's Office, that these liens would be collectible, they have been collected, they're continuing to be collected. They've done an analysis, by the way, of their inventory, which was never done before. Some of them are uncollectible, unfortunately, because they weren't preserved, but many of them are, and now we know what we're doing and now we're actually following through on it. So just wanted to bring that to the Commission's attention. And I want to thank our new City Attorney who worked with me on that project while she was an assistant City Attorney. Thank you. That's it. END OF DISTRICT 4 City ofMiami Page 112 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 D5.1 13-01110 NA.1 13-01197 NA.2 13-01198 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES DISCUSSION ITEM UPDATE AND DISCUSSION ON CURLEY'S HOUSE OF STYLE, INC. (HOPE RELIEF FOOD BANK). 13-01110 Email - Curley's House (Hope Relief Food Bank).pdf NO ACTION TAKEN END OF DISTRICT 5 NON AGENDA ITEM(S) DISCUSSION ITEM MOMENT OF SILENCE FOR THE PASSING OF CITY OF MIAMI FIREFIGHTER PATRICK MURDOCK. DISCUSSED Commissioner Carollo: Mr. Chair, before we start, I would also respectfully request a moment of silence. I think we lost one of our firefighter heroes in the last few days, so I would like a moment of silence for Firefighter Patrick Murdock. Thank you. DISCUSSION ITEM AN EXECUTIVE SESSION WAS HELD PURSUANT TO FLORIDA STATUTES 447.605 FOR THE PURPOSE OF COLLECTIVE BARGAINING IN GENERAL AND AS A WHOLE AS IT RELATES TO ALL BARGAINING UNITS FOR THE CITY OF MIAMI. DISCUSSED Victoria Mendez (City Attorney): Mr. Chair, are we going to talk about briefly that we were in the session and --? Chair Sarnoff Oh, I -- you are -- it's all yours. Ms. Mendez: One moment. Commissioner Suarez: I think you'll let -- (UNINTELLIGIBLE). Diana Vizcaino: Diana Vizcaino, assistant City attorney. I just -- for the record, an executive session was held earlier, pursuant to Florida Statute 447.605, for the purpose of collective bargaining, in general and as a whole, as it relates to all bargaining units for the City ofMiami. Chair Sarnoff Thank you. NA.3 DISCUSSION ITEM City ofMiami Page 113 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 13-01199 DISCUSSION BY COMMISSIONER SUAREZ PERTAINING TO A MEETING HELD WITH CITY OF MIAMI EMPLOYEES FROM THE PARKS DEPARTMENT AND THE CITY MANAGER REGARDING HIRING PRACTICES FOR PART-TIME AND TEMPORARY EMPLOYEES REGARDING THE FOLLOWING THREE FACTORS: 1. LIVING WAGES WILL HOPEFULLY SUNSET NEXT YEAR AND ALLOW SALARY TO INCREASE FROM $8.73 TO $12.45 ATA COST OF $1.2 MILLION TO THE CITY OF MIAMI. 2. CONVERTING 12 TEMPS EMPLOYEES, ALREADY AUTHORIZED, WITH TEN (10) PLUS YEARS TO FULL TIME ENTRY LEVEL POSITIONS BASED ON SENIORITY AT COST OF $372,000 DUE TO THE HEALTH INSURANCE BENEFIT. THE NEXT STEP IS TO CONVERT 19 EMPLOYEES WITH EIGHT (8) PLUS YEARS TO FULL TIME AT A COST OF $590,000. THE FINAL STEP IS CONVERTING EIGHTY-ONE (81) EMPLOYEES TO FULL TIME AT COST OF $2.5 MILLION. 3. PLAN FOR THE IMPACT OF THE AFFORDABLE CARE ACT THAT WILL KICK IN 2015. DISCUSSED Commissioner Suarez: Mr. Chair. Chair Sarnoff You're recognized. Commissioner Suarez: Thank you. I have a discussion item as well that l had asked for a time certain on, andl think we kind of coordinated to make sure that everything was timed properly so that the Auditor General could be here, so that members of the Ethics Commission, if they were going to be present, could be here, and also in consideration of our employees who came and who have every right to be here. I'm very -- first of all, I'm very thankful that they all came and met with me. Many of them who are here today came to my office and met with me, and we spent a lot of time talking about the state of the City, their personal circumstances, andl want to thank the City Manager, too, for coming to that meeting as well. He was there. Andl think my discussion item revolved around four things. First, I think everyone needs to understand, the general public needs to understand that these employees have no representation. They have no representation. They have no union to help them to get up here and fight for them. So from my perspective, it was important not only that gave them a meeting and met with them specifically to listen to them, but that they have this forum to express their grievances in public. A hundred and fifty people did not show up. It was six or seven people that came, okay, andl think all six or seven of those people that came had something very specific to add and, you know, as -- I'm not going to get into the details of the specific cases because I agree that that's better left to, you know, the investigators who are investigating the circumstances. But I do think it's important that all of our employees know, no matter what their classification is, that they have a right to talk to us, that they should not be living in fear, and that they have a right to come and address this Commission if something is going on that's an injustice and that they perceive to be an injustice and that this Commission will act and make sure -- we'll get to the root of the issue and we'll get to the bottom of it. I just want to talk about some other things, 'cause I think we went over the hiring protocols for -- you know, ad nauseam and we did resolve to have the Auditor General investigate the specific instances, but there are some things thatl spoke with some of the people who came to visit with me but not all the people 'cause there're more people here today than the ones that came to the office. Andl wanted them to share with everyone a little bit more of what we talked about in our closed -door meeting. The first is the living wage. Right now you're making about $8.73, depending on the employee. The living wage is hopefully going to sunset -- the -- I guess the temporary suspension of the living wage will hopefully sunset next year, so hopefully, unless this Commission acts, your wages will go up from 8.73, which is whatl City ofMiami Page 114 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 think part of what you guys are trying to figure out here today, to 12.45, okay, so that's a significant -- Applause. Commissioner Suarez: -- increase. That has a cost. That has a cost. The cost is $1.2 million to the City. I want you to understand. That cost the City $1.2 million. It's -- you have my support in ensuring that that does not get extended any further. It will require us to budget appropriately and make sure that we have the resources to pay for it, obviously, andl anticipate that we will. When I first got here, I remember going to a few events at the parks and a couple of you grabbing me and pulling me aside and saying, "Commissioner" -- you're shaking your head -- "there's a problem. We've been part time. We've been temporary for X' number of years. We don't have benefits. We don't make a lot of money. We have to provide for our families. Some of us have two jobs. You know, what are you going to do about it? Everyone always tells us they're going to do something about it. When are you" -- you know, andl took that very personally. I took that as a personal challenge, you know, to do something about it. Andl think -- you know, I think we have great Commission. I think Commissioner Gort's the one that always reminds me. I think we have a Commission of very thoughtful people. We're very fiscally prudent, and we've demonstrated that time and time again, but we also care about our employees and we care about our employees, particularly the ones that are -- as Mr. Crespo said, the ones that are not making a lot of money, the least of our brothers, not to get biblical, but -- You know, one of the things that the Manager -- I think he was Budget director at the time -- andl did -- andl want to commend him as well, as Mr. Pascual did, because he has been very hands-on on these issues. One of the things that we talked about is phasing in -- converting -- so this is issue number two. The first is the living wage going up from the 8.73 to the 12.45. The second issue is converting temps to full time because there's a benefit. There's the health insurance benefit that you don't get. He did an analysis, and I thank you again for that. Those who have ten plus years of service in the City, the cost of converting -- it's 12 employees. The cost of converting them is $372, 000. So that's something that I'm going to ask, and I don't know -- I don't think those had been converted fully, correct, Mr. Manager? Mr. Alfonso: No. You're talking about the 12 positions that we authorized? Commissioner Suarez: Right. Commissioner Suarez: Correct. But they are authorized. Mr. Alfonso: They are authorized. They're budgeted. Commissioner Suarez: And those are ten -plus years. Mr. Alfonso: And those are temps that have ten plus years, and they will be done in seniority order, entry-level position, full time. Commissioner Suarez: So we're going to start the process. Step two of converting people who are temps to full time so you get the benefits in addition to the increased wage. The next classification, the next category is people who have been here for eight years or more, and that's 19 employees, and the cost is $590, 000. So, you know, that's the next step, you know. The third step, which is really the one that's the most difficult and the most expensive, is full-time temps that are five years or more, and that's 81 employees, and the cost of that is two and a half million. So that's -- you know, it's important for you guys to understand, since you're not represented by a labor union, no one's giving you all these facts, and it's important for you to participate in this process because, otherwise, you get left out, and then the only thing that happens is there's a grievance and everyone's upset and angry and you feel left in the dark for -- you know, for, I think, the appropriate reasons. There is one other factor that I discussed with City ofMiami Page 115 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 the group, so I -- my commitment to you is that we're going to continue -- I'm going to continue andl think -- you know, I hope my colleagues will support me and be missing one of them, unfortunately, who I know would have been a staunch supporter of this, unfortunately, so you have to thank her, by the way, because she's one of the ones that brought me in this direction, I have to say. The Affordable Care Act is going to kick in in 2000 -- January 1 of 2015, and that will have a fiscal impact of 2.3 million. And so we have -- if we're -- if we are moving people over to full time, that's not going to be an issue because we're going to be offering benefits, so we'll be offering health insurance benefits to those employees. If we don't by then, then there may be a consequence. We either have to accelerate that process of converting the part times to full times or there may be a reduction of hours, and that's something that we talked about, you know, so we have to plan for that, okay. We don't know what congress is going to do. They're not even funding the government right now, so we don't know what's going to happen, and this is a contentious issue in funding the government. So we have to monitor that; that could have an impact. I just want you guys to be fully informed of everything that's going on. Andl appreciate the people who came to my office who had the courage to come, you know, because it does take courage, andl understand the frustration that you feel. So I just -- that was my discussion item. I wanted to do some of the things that Commissioner Carollo did, and there's no need to repeat it; he did it. So, you know, that was part of my discussion item. And the other one was just explaining to you all what I envision as the future, and I think it's a bright future. I think we have a great city. I think the people who are here temporary ten years plus are here because they love the City of Miami. And you guys treat the parks like if they're your own backyard and your own home and we thank you for that. And so I think sometimes it's -- it goes -- it doesn't go unnoticed, andl want you to know that, that we're here and our doors are open to you. I thank the Manager again for when I asked him to attend the meeting with the employees, he came. He was a very active participant. He explained a lot of the things that were going on that we talked about here and that Mr. Pascual talked about. So that's my discussion item, Mr. Chairman. And I just -- I thank you all for coming again. Commissioner Spence -Jones: Mr. Chair. Applause. Chair Sarnoff You're recognized -- Commissioner Spence -Jones is recognized. Commissioner Spence -Jones: I'm not going to say much. I'm -- because everything has kind of somewhat been said. But it is definitely a blessing to, you know, see, you know, the full Commission just make a turn on this issue, and the reason why I mention that or say it like this is one of the main things that -- you know, as Commissioner Suarez mentioned, you know, ever since I've been up here, I've been fighting; one, for living wage. That was one of the main things that thought that was extremely important and, for whatever reason, maybe the temperature just wasn't -- or the atmosphere wasn't right for it, but I'm glad that -- to see that we are moving in the direction. Just as you hear Parks employees, I hear -- I'm straight up going to tell you, beyond Parks, I hear it from other departments as well that are part-time, you know, employees that have been here for God knows how long or temporary employees and really feel as though they have no voice and nobody to listen to. We get calls all the time. Every time I go in a grocery store or wherever I am, someone's approaching us or approaching me about how they feel as though they're not really getting the support. So, you know, for me, you know, I know that our City Manager encouraged us to really push hard for living wage for next year, but clearly, this was something that I really wanted to see happen this year. But I understand that we were not in the financial position to have it happen, but I'm glad to know that my fellow Commissioners will push hard to make sure that it happens. I want to acknowledge the young lady that stood up, 'cause sometimes people don't understand the power of standing up, and it took one woman to come to the mike to say for the whole entire department that something needs to change. So I do want to commend her for having courage. And Commissioner Suarez mentioned her earlier, but it starts with one person, and it makes me think about your Rosa City ofMiami Page 116 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Parks that -- you know, she decided she wasn't going to move, you know. We need to have more of not only City employees but just people in general that will stand up on or have courage -- because as Mr. Crespo said earlier, one of the biggest issues with any of our City employees, no one wants to be retaliated against, you know, and it takes a lot of courage. You just don't understand how much courage it takes to come sit in this audience and not really know what tomorrow's going to bring, but I do want to acknowledge her for her courage. She stood up for -- I think she's the only lady in the group, as a matter of fact, over there. Oh, two? We got two. We got two women. Y'all holding it down over there, that's great. But your voice was the first voice that, you know, brought this whole movement, so I do want to acknowledge you for that. I do want to say this, 'cause I am a former City employee, andl think it's really important, on both ends -- the Administration has a very tough task. And I know that every single last one of us sitting up here, at least with Juan Pascual -- 'cause I've seen when projects have come up in our districts in this last year since -- year and a half since he's been here, all of you guys have given him accolades for his leadership in things that have been gotten done in his department. It's not easy, you know, running a department and not having the monies that you need to have in order to have your department run properly. So I don't want Juan in any way -- and as he transitions out -- I mean, all kinds of accusations can be made about a lot of people. We don't want people to -- I don't know how long Juan's been -- how long has Juan been here? Mr. Alfonso: I apologize, Commissioner. Commissioner Spence -Jones: How long has Juan been here? Mr. Alfonso: Juan is about 30-year employee. Commissioner Spence -Jones: How many? Mr. Pascual: Twenty-eight. Commissioner Spence -Jones: Juan has served the City for the last 28 years, so -- Mr. Pascual: Andl started in a temp position. Commissioner Spence -Jones: And he started in a temp position. So you might be the next Parks director. But anyway -- but my point is, I think that there is -- on our side as leaders, we have to be able to balance both of them in a way that, one, both our City employees are getting taken care of 'cause I think that there is a space for us to be able to accomplish that. And at the same time, if there is an issue that any director, not just Juan, Solid -- any other director that may be having issues or challenges with hiring practices or whatever the case may be, we don't really know -- I think it's important to hear both sides of the story and weigh both of them and not beat up on either side. I'm going to be honest with you, even, you know, in our office from this last hearing, we had a lot of people call and say -- from my district said -- saying, you know, they can't even get a job, and there are people that don't speak English at all and they're getting jobs. That was a huge complaint, you know. So I'm just going to keep it all the way real. You know, so there's a enough complaints to go around, guys. There really is. Andl mentioned to Danny, I said, you know -- and I'm going to say this to Personnel. You know, again, it takes courage to say these kind of things. It's important, though. You know, even if we do have employees that don't speak English, you know, we should be doing whatever it takes to assist them to learn English because, you know, it's important. Andl say that, you know -- when got back in office, you know, I fought to have one person, just one person in Little Haiti that could speak Creole in the parks. Nobody speak -- all English speakers over there. So I would have Creole or Haitian residents that would come to Little Haiti Park or Little Haiti Cultural Complex and there was nobody to speak Creole to them, you know, and that person could have never gotten a job just speaking straight Creole. They would have had to speak both. So I'm just saying -- I just try to be -- if nothing else, as I transition out, I think that the one thing that I want to leave with all of City ofMiami Page 117 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 you guys, it's important -- you know, we have to have mercy for everyone, you know, and we have to be fair to everyone across the board, you know, management, you know, staff you know, people that are trying to get in the City that feel like they'll never be able to get in the City. I'm just --I'm hoping and I'm praying that, you know, we make these kind of adjustments so that everybody wins. And I'm glad that the living wage situation is resolved and we'll have something different next year. I'm glad that the City employees now have, you know, a way to come and at least communicate to us, as a body instead of individually -- 'cause every single last one of us has been approached by -- I'm sure I'm not the only one, neither is Suarez, and maybe there needs to be a policy or something put in place so that they can have a way to communicate their concerns, and that might be one of the options that we need to consider, but it started with one lady today, and that one lady stood up and said, "Hey, wait. Enough is enough. Something has to be done." And that sparked this whole movement for us to look at what's happening. So that's all really have to say about it, andl thank you guys for listening. Chair Sarnoff Commissioner Gort. Vice Chair Gort: I think it's important that the -- this Commission always has said if it's an opening, we should hire within. And one time, even back in the '90s, my first term, I've always says we got to give the opportunity to the temps and the people that been working part time with the City for 10 years, five, 15 years. We even had people that work there for 18 years. Those people should have the opportunity to come aboard. The problem that we have with a lot of those positions is -- and I'm glad they finally -- they allow them to have an interpreter for the interview. You have people that been doing the job for ten years, but because they could not -- they would get nervous when they go to the interview, would not answer the questions correct, they cannot get hired. So I'm glad that's changed, because that's something we've been working for for a long time. So I think the people need to know that this Commission have always, all of us, has stated we got to hire within. We have to give the opportunity to the City employees and let the City employees -- that they have a future, which is very important. Thank you. That's it. Chair Sarnoff All right. Vice Chair Gort: Call the question. Mr. Alfonso: Mr. Chairman, ifI may, I just -- point of privilege, please. Chair Sarnoff Ah, I'll give you as many privileges as you want; just take your lawyer's advice. Mr. Alfonso: I will. Chair Sarnoff Okay. Mr. Alfonso: I want to point out that my boss, myself, we've always had an open-door policy. None of these employees have come and spoken to me, but I'm more than willing to sit with them and listen. In addition to that, the City has a process for EODP complaints. If there are allegations of discrimination, et cetera, there's a process in the City ofMiami to voice those concerns. And that's really all wanted to add. Thank you. Chair Sarnoff And that's fair, Danny. That's fair to put. All right, I don't think there's much more to be said on this. So we had a motion. We had a second. Commissioner Suarez: No, it's just a discussion item. Commissioner Carollo: No. This -- that was -- Chair Sarnoff That was -- City ofMiami Page 118 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 Commissioner Carollo: Yeah, we took our vote on the Auditor General. Chair Sarnoff All right. Commissioner Carollo: These were both discussion items. NA.4 DISCUSSION ITEM 13-01200 COMMISSIONER GORT REQUESTED THAT THE CITY OF MIAMI GET ALL OF THE INFORMATION TO THE PUBLIC AS MUCH AS POSSIBLE REGARDING THE NOTICE OF REFERENDUM OF SPECIAL ELECTION ABOUT LEASING WATERFRONT AND SUBMERGED LANDS IN COCONUT GROVE TO THE GROVE BAY INVESTMENT GROUP. THIS PROJECT CAN PRODUCE RECCURING REVENUE OF $2.2 MILLION DOLLARS FOR THE CITY OF MIAMI. DISCUSSED Chair Sarnoff Commissioner Gort. Vice Chair Gort: Yes. My pocket item is the -- and I'm sorry I get involved in your district. But think the Grove Bay Investment Group, Incorporation that we awarded the contract to, there's something very important for the City. I mean, we're talking about doing some increases and doing some -- that we need additional reoccurring revenues, and this is one project, according to what I've been given today, that can produce in the beginning about $2.2 million for the City of Miami in reoccurring revenue, which is very important for us. I think the City somehow got to make sure that -- not that we tell people vote for it, vote against it, but give them the information on the benefit that this property has for the City ofMiami and its residents. Chair Sarnoff Well, Commissioner Gort Vice Chair Gort: I'd like -- yes. Chair Sarnoff -- I -- first off as being the district Commissioner, I couldn't agree with you more from not so much a budgetary standpoint, 'cause I don't doubt the fact that this property was leased for four decades, so anybody that says the City ofMiami is giving away property would be not only contrary to the facts but an absolute disregarding of the facts because, pretty much, for four decades, the use of this property has been the use of the property. I don't know if you've ever seen the e-mail (electronic) that we're sending out from our office, but we're trying to set the facts straight. This is not a Marlins stadium. Vice Chair Gort: Right. Chair Sarnoff This is a robust lease on -- Vice Chair Gort: Lots of open space. Chair Sarnoff -- four -decade -old -- and it looks like it's four decades. I don't -- looks like they've done any work on the premise for about four decades, and it's our opportunity to green up, clean up, and create three different venues for people to eat at a maybe higher price, a mid price, andl think they've announced today Scotty's will be staying, because Scotty's has agreed to move to where Hangar 42 is, so it'll be Hangar 42 at Scotty's. Vice Chair Gort: Right. City ofMiami Page 119 Printed on 11/14/2013 City Commission Meeting Minutes October 10, 2013 ADJOURNMENT Chair Sarnoff So for all the Scotty's enthusiasts, you know, this announcement should be very clear. There's a letter agreement indicating that, as of yesterday, andl think the hyperbole and the vitriolic innuendos against the Commission and Commissioners is just so unfair, 'cause you can't get these folks to speak about one fact. All they want to do is cast aspersions. And all we're trying to do is put the facts out, Commissioner, you're right, and the facts will lead the voter to a logical, good conclusion. Vice Chair Gort: No, andl apologize for not bringing up; the open space and in compliance with all the study and analysis that had been doing here for years. Sorry. So resolution is for make sure the City ofMiami gets all the information to the public as much as they can. Chair Sarnoff Thank you. All right, we're in adjournment. Thank you. The meeting adjourned at 5:11 p. m. City ofMiami Page 120 Printed on 11/14/2013