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HomeMy WebLinkAboutCC 2014-04-10 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com CPI 47,INCUR: CHAU: Meeting Minutes Thursday, April 10, 2014 9:00 AM REGULAR City Hall Commission Chambers City Commission Tomas Regalado, Mayor Wifredo (Willy) Gort, Chair Keon Hardemon, Vice Chair Marc David Sarnoff, Commissioner District Two Frank Carollo, Commissioner District Three Francis Suarez, Commissioner District Four Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes April 10, 2014 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 6/11/2014 City Commission Meeting Minutes April 10, 2014 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Gort, Commissioner Sarnoff, Commissioner Carollo, Commissioner Suarez and Vice Chair Hardemon On the loth day ofApril 2014, 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 Gort at 9: 02 a.m., recessed at 12: 47 p.m., reconvened at 3: 46 p.m, and adjourned at 5: 02 p.m. Note for the Record: Commissioner Carollo entered the Commission chambers at 9: 09 a.m., Commissioner Hardemon entered the Commission chambers at 9:13 a.m., and Commissioner Suarez entered the Commission chambers at 9:17 a.m. ALSO PRESENT: Victoria Mendez, City Attorney Daniel J. Alfonso, City Manager ToddB. Hannon, City Clerk Chair Gort: Welcome to the April 10, 2014 meeting of the City ofMiami Commission in these historic chambers. The members of the City Commission are: Commissioner Frank Carollo; Marc Sarnoff, Francis Suarez; Vice Chairman Keon Hardemon; and myself, Chairman W fredo Gort. With us on the dais also, you have Daniel Alfonso, City Manager; Victoria Mendez, City Attorney; and Todd Hannon, City Clerk. At this time, we'll have the invocation by Commissioner Suarez and the pledge of allegiance by Commissioner Sarnoff. I guess Commissioner Suarez running a little late. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 14-00340 PRESENTATION Honoree Presenter VISTA Volunteers Mayor Regalado Water Conservation Month - SF Water Management Mayor Regalado 14-00340 Protocol Item.pdf PRESENTED Protocol Item Certificates of Appreciation Proclamation 1) Mayor Regalado presented a Proclamation recognizing that April, typically a dry month when water demands are highest and annually designated as Water Conservation Month, seeking to educate citizens about the importance of preserving and protecting the quality and supply of Florida's water; furthermore joining South Florida Water Management District to save Florida's precious water resources for future generations and claiming the month ofApril in the year 2014 as Water Conservation Month. City ofMiami Page 3 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 2) Mayor Regalado and the Office of Grant Administration presented Certificates of Appreciation to the VISTA Volunteers for their hard work and for their assistance in implementing programs and aiding the community. Chair Gort: Okay, we don't have quorum yet. We'll wait; as soon as we have quorum. I understand we have some proclamations. Mayor Tomas Regalado: Yes, sir. Chair Gort: Mr. Mayor, you're recognized. Presentations made APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez MAYORAL VETOES ORDER OF THE DAY Chair Gort: Do we have any minutes to approve? Todd B. Hannon (City Clerk): Chair, I have for Commission consideration and approval the regular meeting minutes of the March 13, 2014 Miami City Commission meeting. Chair Gort: Okay, do I have a motion? Commissioner Sarnoff. So move. Chair Gort: It's been moved by Commissioner Sarnoff. Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. All in favor state -- say "aye. The Commission (Collectively): Aye. Chair Gort: Thank you. END OF APPROVING MINUTES NO MAYORAL VETOES Chair Gort: Before we go on, Mr. Clerk, do we have any veto? ToddB. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Gort: Madam Attorney. Victoria Mendez (City Attorney): Thank you, Mr. Chairman. Any person who is a lobbyist must register with the City Clerk before appearing before the 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 24 hours a day at wwwmiamigov. com [sic]. Any person may be heard by the City Commission through the Chair City ofMiami Page 4 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 for not more than two minutes on any proposition before the City Commission unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. 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, or viewed online at wwwmiamigov.com [sic]. No cell phones or 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 and may be subject to arrest. Any person with a disability requiring assistance, 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. Please note Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. At this time, the Administration will announce which items, if any, are being either withdrawn, deferred, or substituted. Thank you. Later... Chair Gort: Administration doesn't have any request for any deferrals? Daniel J. Alfonso (City Manager): We don't, Mr. Chairman; you do. Chair Gort: Any other Commissioner? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: I request a deferral to the next Commission meeting of SR.1. There's some groups and industries that we've been contacting, and l just want to make sure before it's a second reading before I take a vote that, you know, we have all our ducks in a row, so I will prefer to defer SR.1. Chair Gort: Okay. At this time, I would like to request the RE.6 be withdrawn from the agenda and place a discussion item on Ultra set for time certain for 5 p.m. on April 24 meeting. The Administration is to provide for that meeting an after -action report of the event and a comprehensive study that would look at the benefits/problems associated with the event. The report should be provided with the sufficient time to meet the five-day rules [sic] in order for Commissioners to be fully briefed so they can make an informed decision. Do I have a motion? I make the motion. Vice Chair Hardemon: It's been properly moved that the -- well, I didn't hear the exact wording of the motion, so it's been properly in the form that the -- former Chairman announced. Todd B. Hannon (City Clerk): Yes, sir. For the record, I have item SR.1 to be deferred to the April 24 Commission meeting; and for RE.6 to be withdrawn; for a discussion item to be brought back at the April 24 Commission meeting regarding the Ultra Music Festival. Vice Chair Hardemon: I'll second it for discussion. Mr. Hannon: At 5 p.m.; my apologies. Chair Gort: There's a second. You're recognized. City ofMiami Page 5 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Vice Chair Hardemon: Well, understanding part of the issue was, moving forward, I know that -- I mean, it's clear that we have already began some type of process of ironing out one side of the support for this bill. What I -- I think that it's fair for us to come and get all of the facts. What I'm afraid of is not addressing the issue now, and then pushing this out further and further, where this is an event where I'm sure they would want some certainty as to if not they will be allowed to be here in Miami or they'll have to move forward. And so that's the only part of my concern, because in my eyes, this is something that could be tackled today. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: I agree with my colleague, Commissioner Hardemon. And let me be clear, also. I mean, I -- at the same time, I know that my other colleague, Commissioner Sarnoff, has concerns, the Mayor has concerns, and they definitely didn't waste any time to put this in the agenda. Andl have concerns, also, so I think, you know what? We should hear it, you know, so I think we should air it out, you know, because, obviously, they didn't move this quickly, because, you know, their concerns are possibly valid, so I would like to also hear it, and you know, let's air everything out. Let's put all the facts in order so, you know, we could make a prudent decision. So I think we should hear it. Chair Gort: Well, let me tell you how I feel about it. I don't have enough information. I have not heard from one side or the other side. I received the -- this item, andl received it at the end when -- after I revised the draft agenda, then I received this. Andl don't have any documentation backing this up. At the same time, I feell cannot make an intelligent decision today. I think we should have the people available. I think need a report from the police; I need a report from any of the institution that depends on this event. That's why -- and I'm not asking to postpone it for "X" amount of time. I want to listen to it next Commission meeting, 'cause I understand, people need to make decisions, people need to make plans. But don't feel I'm ready today to make any decision on this. And we could be here -- and it's not fair that we don't have enough people here, and if you want to hear it today, I don't think that the people that are going to be affected are going to be -- are all here. Commissioner Suarez: Mr. Chair. Chair Gort: Yes, sir. Commissioner Suarez: Thank you. I've read the resolution. It's not a very long resolution; I think it's like a page and a half. It's not very complicated. I think -- my perspective, I actually echo the comments of Commissioner Hardemon and Commissioner Carollo. I think we should discuss it today, debate it today, and decide on it today. It's not complicated. It's very straightforward. I have my opinions about it, and it's -- whether it's well drafted, whether it's not well drafted, whether it's an -- a good document, and whether it actually -- its legal efficacy, for that matter. But I think we should hear it today; that's my personal opinion. Chair Gort: Okay, there was two -- let's go to Commissioner Carollo first; any further discussion? Commissioner Sarnoff. I don't thinkl need to say anything, 'cause I think the consensus of this Commission is they want to hear it. Chair Gort: Well, you don't want to defer? Commissioner Carollo: No, I prefer to listen to it today, you know. City ofMiami Page 6 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Chair Gort: Okay, if we're going to listen today, I'm going to listen to it at 5 o'clock. I want information, andl want all the parties knowing that we're going to be discussing Ultra today at 5 o'clock. Vice Chair Hardemon: Mr. Chairman, ifI may. This is still a discussion item, so I don't want to push any vote. Part of the reason that I wanted to talk about it for discussion was because I just want to see where we're going, why we're continuing it and things of that nature, 'cause the motion that's still on the floor is to continue it to another day. So, I mean, when Commissioner Suarez spoke about, as he titled it, the legal efficacy of the drafting of the bill, I mean, clearly, within the bill, there are accusations and allegations that have no support within it, and as any document that's supposed to represent a resolution of the City ofMiami, I would think that the information there has to be solid for us to make a conclusion towards it. Now, that affects whether we vote `yea" or "nay," obviously, so part of my concern was making sure that we address this in a timely fashion where we are considerate of the business that brings this money to our community; that was my concern. However, I believe there's still a motion on the floor, and I'm willing to vote on that motion, because ifI have a colleague -- especially the Chair -- that's uneasy about moving forward, then I give deference to that. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Andl think what Commissioner Gort said, that maybe we would want to vote on -- we have two items for deferral, so maybe we want to vote on them separately, 'cause we have SR.1 and then we have RE.6. Chair Gort: Yeah. Commissioner Carollo: So I think that's what the Chairman was alluding to, without putting words into your mouth. Chair Gort: Yes, sir. Commissioner Carollo: So maybe we should break them up and do SR.1 first and then -- Chair Gort: SR.1. Mr. Hannon: Okay, sir. So essentially, the motion that you originally made, you're basically going to change it now to address only item SR.1 being deferred to April 24, and if Commissioner Carollo accepts the -- Commissioner Carollo: Yes. Mr. Hannon: Okay, if we can have a vote on just that motion for this one item. Chair Gort: SR.1. All in favor, state it by saying "aye.' The Commission (Collectively): Aye. Chair Gort: RE. 6, discussion. Commissioner Sarnoff. Are we hearing it right now? Commissioner Carollo: No. City ofMiami Pagel Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Chair Gort: No. I'm requesting -- Commissioner Carollo: At 5 p.m. Commissioner Sarnoff. At 5. Chair Gort: Right now, we're talking about the RE (Resolution) withdrawn that presented, and this is to be -- Commissioner Suarez: I was hoping to be home by 5 p.m. Chair Gort: -- brought back -- Commissioner Suarez: I guess not. Chair Gort: -- to the next Commission meeting with information that I'm requiring here. The Administration is to provide for that meeting an after -action report of the event, and a comprehensive study that would look at the benefit/problems associated with the event. The report should be provided with sufficient time to meet the five-day rule in order for Commissioners to fully be briefed so they can make an informed decision. Vice Chair Hardemon: Mr. Chairman, may I? Chair Gort: Yes, sir. Vice Chair Hardemon: I think that's the most responsible thing that we can do, andl'm in favor of the motion. Commissioner Suarez: Mr. Chair, if I may? May I? Chair Gort: Yes, go ahead. Commissioner Suarez: Thank you. I think, ifI may be so bold, that what we're asking for is two separate things. I mean, I think we have a resolution before us, andl have my issues about the resolution, as it's drafted, and personally am willing to go forward on this resolution. Now, what you're asking for is imminently reasonable, as Commissioner Hardemon said, and I don't think the two things are mutually exclusive. In other words, I think you can still request that information, andl'm sure the parties that are here would be more than happy to, you know, provide you that information. But the resolution, as it's currently drafted, I mean, I'm able to vote on it. I don't know how the Commissioners feel. I can vote on this resolution. I have very strong feelings about the way that it's drafted and what it says and what it doesn't say and what it purports to do. I can vote on it today, and then we can deal with other issues, 'cause I think that doesn't necessarily end the discussion or end the debate or end what we're going to do in terms of the action that we take going forward; that's my personal opinion. Vice Chair Hardemon: And I guess -- and that was my position moving forward, when I said that I can address this today. Commissioner Suarez: Right, right. Vice Chair Hardemon: But I want my Commissioners to feel comfortable addressing the item. But as the item is drafted, it's -- I think it's very clear where I would go with this one. Commissioner Suarez: Ditto. City ofMiami Page 8 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Commissioner Carollo: So -- and just to be clear, andl want to make sure that, you know -- and we all feel comfortable. Commissioner Gort, do you have a problem with hearing this resolution, which could be different than hearing an outright report or some of the information that you're requesting? Chair Gort: What I'm asking of my Commissioners is to bring it back next meeting with the same resolution; change the resolution to be comfortable for everybody. I today cannot make a vote. I cannot take a vote on this today, andl really would like to ask attorney her opinion. Ms. Mendez: There's a motion and it needs to be voted on with regard to this. Obviously, it's my -- obviously, I would rather that this not be discussed on the record, but, you know, it's up to the Commissioners to decide what they wish to do. Commissioner Suarez: I would prefer that this resolution not be on the record, but there's nothing could do about that; I didn't put it on the record. Commissioner Sarnoff. Oh, I did put it on the record and -- Commissioner Suarez: I didn't. Commissioner Sarnoff. -- whether you discuss it today, tomorrow, the pending litigations will be there for the next two to three years. And if you don't intend on talking about this for the next two to three years, then I need to put some other things on the record. I'm prepared to discuss this predominantly because a contract was inked on March 6 of 2014, and it was never brought back to this Commission, and I have no intentions of letting a Commission meeting go by when I first learn of it; I'm bringing it up at this Commission meeting. Commissioner Suarez: Andl think that is a valid issue that you can bring up. I don't think that goes to the heart of this particular resolution, in my opinion, and just having read it, I think they're two separate things. I think that's a valid position. I think the Chairman's position is a valid position. And I think your thoughts on the event are valid in terms of your expressing your concerns. But think this reso before us, that's what have issues with; the language of the reso, the things contained in the reso; having read the reso, I prefer to dispose of it today. But -- Commissioner Sarnoff. Andl agree, and let's move forward with it. Let's see where it goes. Remember, in order to move something safely along, you need somebody to -- Commissioner Suarez: Agreed. Commissioner Sarnoff. -- be the horse that pulls very hard. And then there's, of course, the jockeys that restrain the horse. Commissioner Suarez: I'll be a jockey today; how 'bout that? Commissioner Carollo: And somewhere in there, we find consensus. Commissioner Suarez: Hopefully. Commissioner Sarnoff. And possibly we do find consensus. Commissioner Suarez: You never know, you never know. Commissioner Sarnoff. You'd be surprised what you might hear. And as Commissioner Carollo likes to say, debate is good. City ofMiami Page 9 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Commissioner Suarez: It is. Vice Chair Hardemon: Commissioner Gort, you're recognized. Chair Gort: Look, what I'm requesting is not to do away with the resolution, andl understand it's in your district; you get a lot of phone calls. I, myself, on that Friday, I don't go to downtown, I don't go to my office. So I understand. I personally -- not a person that been there or would like to go there, but I think we should come back next April the 24th in a meeting with all the information, 'cause right now, the document in front of us -- then we have to let other people test fy and come back, and then they have to add their "whys," and "Why is it legal? Why is it not legal?" and those type of things. I'd rather have that with all the information on the 24th. I'm not trying to avoid this. We have to do this. We have to do this. That's why I'm asking for a withdrawal, so we can come back, we put our consensus together, and we put the resolution together for the 24th. Commissioner Sarnoff. And -- Vice Chair Hardemon: Commissioner Sarnoff, you're recognized. Commissioner Sarnoff. Thank you, Mr. Chair. And Commissioner Gort, I can never recall ever saying up here on this dais in my seven years here, not abiding by or not finding a way to get you an issue that I think is valid and move it along for you. In this circumstance, you have very active, smart legal minds out there that will look at every action we take upon the knowledge of when we learned of something, and will use legal concepts known as "waiver" and "estoppel." I have no intentions -- and if you're wondering why I acted so quickly, when I learned of something, I acted in accordance with what the law requires. And to turn around and delay this will be brought up, I suspect, by very smart lawyers in a court of law, andl want to go forward and at least establish to those courts that upon my knowledge of something, I took action. Vice Chair Hardemon: Okay. Chair Gort: Okay. Vice Chair Hardemon: Any other discussion? Commissioner Suarez: What are we voting on? Are we going to table it or are we going to --? Commissioner Carollo: There is no motion on the floor. Vice Chair Hardemon: The motion is on the floor. I am the mover of the motion, so as the mover of the motion, I motion to take the question. Commissioner Suarez: What's the motion? Vice Chair Hardemon: The question then -- can you cover the motion? Mr. Hannon: The motion on the floor is for RE. 6 to be withdrawn, and for the Administration to bring back a discussion item on the Ultra Music Festival, and for the item to be time certain at 5 p.m. for the April 24 Miami City Commission meeting. Vice Chair Hardemon: I would require to -- give the gavel back to you. Chair Gort: So you made the motion. Second? City ofMiami Page 10 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Vice Chair Hardemon: It was already moved and seconded. Chair Gort: Second. Mr. Hannon: I only have the mover as being Commissioner Hardemon, but Chair, you can second if so desired. Chair Gort: Do I have a second? Who do I give it to? Mr. Hannon: Chair, you can keep the gavel. Chair Gort: Second. Mr. Hannon: You're not the maker of the motion. Vice Chair Hardemon: He just seconded it. Commissioner Suarez: I'm still contemplating -- Chair Gort: Call the question. Mr. Hannon: Understood. Chair, you can call the question. Chair Gort: All in favor, state it by saying "aye. " Aye. Vice Chair Hardemon: Aye. Commissioner Suarez: No. Commissioner Sarnoff. No. Commissioner Carollo: No. Chair Gort: No. Okay, "no" wins it. Okay -- Mr. Hannon: Who is "no," exactly, please? Commissioner Suarez: I'm a "no. Commissioner Sarnoff. You can register District 2 a "no. Mr. Hannon: Yes, sir. Commissioner Suarez: You know, and let me just say this, Mr. Chair: I think my hesitation comes from the idea of withdrawing this resolution is very -- to me is a good idea to withdraw the resolution. I just don't know how it's going to come back, andl think that's what concerns me. I don't have a problem having discussion about Ultra. I think, you know, everybody wants to have a discussion about Ultra. I don't think there's anyone that wants to -- now, I just -- if we withdraw the motion, I don't see the need to bring back a motion necessarily -- I mean a resolution necessarily, and that's where my hesitation lies. Ms. Mendez: It could be a discussion item at that time; does not necessarily -- Commissioner Suarez: Without a resolution. City ofMiami Page 11 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Ms. Mendez: -- have to be a resolution, and then based on what this Commission acts, then we could draft the resolution after. Commissioner Suarez: I'll defer to my colleagues to my left -- Vice Chair Hardemon: Well -- Commissioner Suarez: -- as far as what they want to do. Vice Chair Hardemon: -- there was a -- Chair Gort: We voted on it. Let's -- consent agenda. Vice Chair Hardemon: So there were three in favor -- I mean two in favor; three against? Chair Gort: Three against. Commissioner Carollo: Yes. Mr. Hannon: Yes, sir. Later... Mr. Hannon: Chair, as a housekeeping matter -- my apologies -- regarding item RE.6, the Ultra Music Festival, is it the will of the Commission to assign it a time certain designation of 5 p.m.? Chair Gort: What's the will of this Commission? Commissioner Suarez: Yes. Chair Gort: Hello? Commissioner Carollo: Yes. Commissioner Sarnoff. It's fine. Chair Gort: Five p.m. Mr. Hannon: Thank you, gentlemen. Chair Gort: Thank you. City ofMiami Page 12 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 CA.1 14-00228 Department of Police CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND NORTH BAY VILLAGE, TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ENSURE PUBLIC SAFETY AND ADEQUATELY RESPOND TO SITUATIONS, INCLUDING, BUT NOT LIMITED TO NATURAL AND MANMADE DISASTERS OR EMERGENCIES AS DEFINED IN CHAPTER 23, PART 1, OF THE FLORIDA STATUTES. 14-00228 Summary Form.pdf 14-00228 Back -Up from Law Dept.pdf 14-00228 Legislation.pdf 14-00228 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0135 CA.2 RESOLUTION 14-00237 Department of Parks and Recreation A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 2014," AND APPROPRIATING FUNDS FOR THE OPERATION OF THE SAME, IN AN AMOUNT NOT TO EXCEED $500,000.00, CONSISTING OF A REIMBURSEMENT GRANT FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE THROUGH THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DIVISION OF FOOD, NUTRITION AND WELLNESS, TO THE CITY OF MIAM'S ("CITY'S") DEPARTMENT OF PARKS AND RECREATION FOR THE SUMMER LUNCH PROGRAM FOR THE PROVISION OF LUNCHES AND SNACKS TO THE PARTICIPANTS OF THE CITY'S 2014 SUMMER PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE A SUMMER FOOD SERVICE PROGRAM AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL OTHER NECESSARY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS AFTER CONSULTATION WITH THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANT AWARD FOR THE PERIOD COMMENCING JUNE 9, 2014 THROUGH AUGUST 8, 2014. 14-00237 Summary Form.pdf 14-00237 Back-Up.pdf 14-00237 Legislation.pdf 14-00237 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. City ofMiami Page 13 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0136 Adopted the Consent Agenda Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, 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 Hardemon END OF CONSENT AGENDA Chair Gort: Consent agenda; do I have a motion? Daniell Alfonso (City Manager): CA.1, Commissioners, is a mutual aid agreement between the City of Miami and North Bay Village. ToddB. Hannon (City Clerk): Excuse me, Chair. Mr. Alfonso: Right. Mr. Hannon: The consent agenda needs to be -- Mr. Alfonso: I'm sorry. Mr. Hannon: -- voted up or down. Chair Gort: Right. Commissioner Sarnoff.. So move. Commissioner Carollo: Second. Chair Gort: Moved by Commissioner Sarnoff, second by Commissioner Carollo. All in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. City ofMiami Page 14 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 PUBLIC HEARINGS PH.1 RESOLUTION 14-00226 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS), AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZING THE PURCHASE OF THE SHOTSPOTTER FLEX GUNFIRE LOCATOR SYSTEM, FROM SHOTSPOTTER, INC., FOR THE DEPARTMENT OF POLICE, ATA TOTAL FIRST YEAR COST OF $275,000.00; ALLOCATING FUNDS FOR THE FIRST YEAR, IN THE AMOUNT OF $200,000.00 FROM THE LAW ENFORCEMENT TRUST FUND, AWARD NO. 1171, PROJECT NO. 19-690003, AND ACCOUNT CODE NO. 12500.191602.664000.0.0 AND THE AMOUNT OF $75,000.00 FROM COMMUNITY REDEVELOPMENT AGENCY ACCOUNT NO. 10050.920101.883000.0000.00000; ALLOCATING FUNDS FOR FUTURE ANNUAL SUBSCRIPTION FEES IN THE AMOUNT OF $185,000.00, FROM THE VARIOUS SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 14-00226 Summary Form.pdf 14-00226 Notice to the Public.pdf 14-00226 Memo - Sole Source Finding.pdf 14-00226 Memo - Request for Sole Source Finding.pdf 14-00226 Pre-Legislation.pdf 14-00226 Legislation.pdf 14-00226 Exhibit.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0137 Chair Gort: PH.1. Commissioner Suarez: PH.1. Mr. Chair, if I may, on PH.1? Chair Gort: Yes, sir. Commissioner Suarez: Thank you. This is an effort that I had proposed, and it was -- it predates our current District 5 Chairman -- sorry -- current District 5 Commissioner being on the dais, andl was fortunate enough to have the very strong support of his predecessor on this issue, and the item relates to a gunshot detection system that would be implemented both in certain parts of the CRA (Community Redevelopment Agency) and certain parts of the City where we have a high volume of gunshots. We've talked at length about the substance of the technology, andl think my City ofMiami Page 15 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 desire to do this stems from a variety of issues. The first and foremost is the violence that we see every single day on our streets, and the continual gun violence that we see every day in our streets, and it's an effort to kind of think outside of the box. We -- obviously, I support Commissioner Sarnoff, who was Chairman at the times, initiative to increase our police force by 300 additional officers, andl think that is the more likely solution to the problem. I think implementing technology -based systems such as this are a help, are a tool to help our police officers if used effectively. I know it's being effectively used in Miami Gardens, and I've spoken to Mayor Oliver Gilbert many times, and he wishes he can extend it to all the boundaries of the City. You know, this is being confined to an area of the City where we have a high volume of shootings. What it does is it allows us to directly know when a gunshot has been fired within milliseconds, rather than having to wait for a police call, which could take minutes, so you're saving minutes. You have the precision of knowing where the gunshot occurred, which can be problematic sometimes, because witnesses will have an imperfect memory, as you know, and will not be able sometimes to identf the area where a gunshot has occurred, and it allows the police to have critical data in terms of not only where gunshots are reported, but where gunshots actually happen, and so they can create preventive policing techniques in the hot spots of our City. Andl think we have a hot spot campaign, ironically, andl think we're doing a variety of things as a Commission in our own way to try to address the violence that we see every single day. We all get the e-mails (electronic); we all get the e-mails, andl know, having served on this Commission with every one of my colleagues, that the feelings of care for the citizens of this community are very deep, andl can imagine that when they read the e-mails, they feel the same way that I feel, and it's a feeling of sadness, you know, when you read those e-mails. So I ask for the Commission's support. I want to thank the Police Department for their help in, you know, refining this agenda item, and making sure that it's something that they're comfortable with. Both the Chief and his assistant, Armando Aguilar, have been very helpful, and their sub -assistants in, you know, making sure that this is properly vetted and ready to come before the Commission. Thank you, Chief. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir, you're recognized. Vice Chair Hardemon: I'd first like to say thank you for bringing this forward, because this predates me, and I'm happy to join you in trying to make this move forward. The CRA has already committed its resources to making this happen, but what impresses me about this is that it really shows me that the police force takes it seriously about keeping our streets safe, and especially those who live in communities where there's a high occurrence of gun violence. We cannot just sit around and do nothing, so to incorporate a system as such that allows the police to get just an extra bit of information, enough where sometimes you can tell where someone -- in which direction a shooter is heading. You can maybe link the audio with video visual for a car that may be heading east on 62nd Street and crossing through 7th Avenue, because it matches the description of the vehicle that was at the scene when gunshots were fired. I mean, I see this being implemented in the courtroom. Commissioner Suarez: The caliber of the bullet based on the sound. Vice Chair Hardemon: Yes. Commissioner Suarez: Whoa, I mean, incredible for evidence purposes. Vice Chair Hardemon: I see this being implemented in a courtroom where now you are bolstering the testimony of witnesses so that you can have some type of agreeance [sic] in the facts so that we can really expedite our arrest of individuals and the prosecution of individuals who terrorize our community. So I'm happy that with this little bit of money that this is all it takes to really -- to increase our police response time, to cause a deterrence of assailants who try City ofMiami Page 16 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 to cause havoc on our community, andl think this shows the Miami community as a whole, because all of this is occurring within District 5 where this resolution is actually effective. It really gives all of us a sense of safety in the City ofMiami, because just like in other communities where the property values are going up, so they are in District 5. When you consider Wynwood, which is directly adjacent to Overtown, when you consider Buena Vista, which is just directly adjacent to Little Haiti, and then I think the next hot community in District 5, after all is said and done, is Model City or Liberty City. So what we're saying is that we're committed to making this community safe through this technology, andl am wholeheartedly in support of it. Commissioner Suarez: Thank you. Chair Gort: Thank you. Chief -- Commissioner Sarnoff. Commissioner Sarnoff. No, I defer to the Chief. Obviously, the Chief has more to say than me, but I just wanted to congratulate Commissioner Suarez and also put on everyone's mind, put any technology you want in the world out there. If you don't have the manpower and you don't have ready, willing and able -rested police officers, and if we don't get our numbers to where other large cities that have high-rise communities, we're kidding ourselves. And that's going to take an additional $10 million this year to put 100 more cops on the street; and next year, in the final budget year for me, another 100 cops. And then you will get to about 3.2 to 3.5 police officers per thousand, and you'd still be under most large cities in America -- Philadelphia, and New York, Atlanta -- just pulling out a few. But I laud you on this, Commissioner Suarez. It's something you've researched, you've pushed. You were, as I would say, the -- a horseman on this one. Commissioner Suarez: Thank you. Yeah, I'll definitely not be a horseman on the other one; I'll be the jockey. No, Mr. Chair, thank you, and that's why I prefaced my comments by saying that the number one priority is increasing our patrolling force. I bought into that argument from day one. I think you researched it in a way that had never been researched or presented, and to our Chiefs credit, and his administrative assistant, they admitted that there was a problem in their memo, you know, their first memo where they -- and that's not common, you know. A lot of times, you want to kind of sweep under the rug some of these issues, and I think -- I commend them for their honesty in that memo, and the detail. And we're working together, and every two weeks or every month now, I think, you know, we keep pushing, which I'm not sure is our job exactly, but nevertheless, I feel that we all feel responsible to continue to do that. But you're absolutely right; technology is only as good -- your iPhone -- you know, there's some people that can do five things with their iPhone. I can do 50 things with my iPhone, okay? Andl have a bunch of other apps and all that stuff. You know, technology is as good as you use it, and you know, that's why it's important to have buy -in from the Police Department, because if they don't buy into the technology, then it's not going to be useful. But I -- and by the way, this is by no means the only technology that's out there thatl would support to try to help them do their job. So to the extent that there are other technologies that are out there, I certainly would support other Commissioners, and the Chief and anyone -- you know, the labor force, the labor union -- anyone who has ideas. I think we're all here -- and again, like I said, we get the e-mails, and every time -- I know every time you see those e-mails, your heart skips a beat, and your heart drops, and you think to yourself "Man, if only we could do more. What can we do?" Every time I get that e-mail, I think, "What could we do?" You know, and now having a son, it's a heightened sense of responsibility, so thank you. Chair Gort: Commissioner, I think we all understand how important crime is. I mean, people want to come here, and they want to invest. The first thing they ask is schools. They also ask about crime, and that's been very -- that helps make the decision, so I commend you on that, also, andl would like to hear from the Chief 'cause I'd like to know that -- the program is very good, but like it was stated by Commissioner Sarnoff before, what is the follow up that we're going to have when we hear -- we know a shot has taken place someplace? Can we set up a City ofMiami Page 17 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 perimeter and so on? Because -- what's the follow up to this? Manuel Orosa: Well -- Chief Manny Orosa, Miami Police Department. Commissioner, we will purchase the system, install the system as soon as the legalese can be massaged with the company and other entities, and then we'll install it and we will monitor the system. Once a shot is heard, the patrolman from that area will be responding, because the dispatcher knows exactly where it came from, so it'll be a quicker situation to respond. And it's also a better investigative tool, because we can then track where exactly the shot came from. We can triangulate cell phones of certain suspects, et cetera, which, like Commissioner Hardemon says, it will be a better situation to arrest people and keep them behind bars, the people who are committing the violent crimes. The second situation to this is that in the near future, we're going to be creating in the Police Department -- we already started, but we're looking at all the technology, and I'm glad that Commissioner Suarez mentioned that he will support any technology. We're looking to do a -- what we call a TV (television) room in the Police Department where we're going to have a lot of TV's; each TV capable of monitoring -- I think it's eight different cameras. We bought a system through UASI (Urban Areas Security Initiative) that we have the capability of monitoring 2,500 cameras. So the vision is that these cameras -- some of these cameras will be attached to the ShotSpotter so that the shots go out, we put the camera on, and we see exactly what's going on. Also, the system has the capability of recording and keeping the recording for 30 days so that we can go back and save recordings for investigative purposes, as well. And we are traveling to different cities that have the similar technology so that when we do buy it, we buy the best that we can manage. We also have a system that New York employs that you really do not have to be monitoring all the cameras. They have a system that through a computer, you tell the program what you want -- a red car, a blue car, trucks -- and it'll bring it all into perspective, and you can see everything the camera is monitoring at the same point. As soon as we have a little bit more development in this, I will be more than happy to do a presentation for the Commission, and you will be thrilled. Example: The Port of San Diego has a camera that can go 25 miles out, and it was unbelievable, and she can do it at night. But those are very expensive cameras. Our cameras are more of what entities out there decide to purchase and that we can connect to. That way, we save on the expense. Chair Gort: Chief let me ask you a question: About three years ago during Calle Ocho, there was a demonstration of wireless camera that they set up in certain building, and it was amazing how they could focus in and take a picture of a guy's pocket. And don't know that much about TV, but in TV, you see all these cases where they being -- take care of them with all the cameras and being somehow synchronized where you can spot the -- and we putting something together like that? Chief Orosa: This is the system that we purchased, and it's now a matter of looking at what's the best setup for it. Like I said, we will have the capability of 2, 500 cameras. I know the DDA (Downtown Development Authority) is willing to purchase some cameras for the downtown area. The Park said they would purchase cameras for the park. We will -- red light cameras, they have agreed to give us the feed for free of every single red light cameras in the City; that's another hundred and change. So the initial process, we'll have more than 250 cameras when we flip on the button. So -- and it's just a matter of whatever -- Oh, the CRA (Community Redevelopment Agency) is going to put some cameras up. It's just a matter of what entity installs cameras, and wants to provide us the streaming, and we can monitor, and we can track certain vehicles and whatever the case may be. Right now, we have like, I want to say, six that are around the Triple "A," and the Triple "A" has agreed to give us their feed, as well, so we can see what's inside and what's outside of the Triple "A." Chair Gort: Thank you. Any further discussion? Commissioner Carollo: Yes, Mr. Chairman. Chief -- andl definitely don't want to derail this a little bit, because I understand, you know, the main focus of this is with, you know, shootings and City ofMiami Page 18 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 crimes of that sort, but at the same time, when you're speaking about all these cameras, can it somehow be used for illegal dumping? I mean, it's something that we're having a huge problem all over the City ofMiami, andl really believe that we shouldn't just limit ourselves in what we could use them for. And as you very well know, and the Manager knows, this Manager and the previous Manager, illegal dumping is a huge issue. We've tried definitely in Little Havana many different ways, but at the same time, I think we shouldn't limit ourselves. And again, I'm not trying to derail anything, but think this might be a good solution with all the cameras who will also look at vehicles that are -- or trucks that are carrying big loads of furniture and stuff like that, and then, you know, illegally dumping them in our streets. Chief Orosa: One -- let me go back for a little thing that I forgot. The cameras in Liberty Square that the Housing Authority has, we're going to be able to get those feeds, as well, and that's where ShotSpotter is going to be. Commissioner Carollo: Right. Chief Orosa: So that's -- we can integrate those. What you were talking about, part of the system is getting these portable cameras that we can put up on poles, and they are wireless, and it's just for a certain amount of time. We put them up -- Commissioner Carollo: That's good. Chief Orosa: -- we catch the culprit, and we move to the next location; so, yes. Commissioner Carollo: We've used them in Little Havana. Chief Orosa: Yes. Commissioner Carollo: But speaking about that, again, there is a huge problem in the City of Miami with illegal dumping, so I don't want to limit ourselves. I want to make sure that we're all on the same page -- Chief Orosa: Yes, sir. Commissioner Carollo: -- and that we're thinking in lines with using it for other issues, too. Chief Orosa: Yes. Chair Gort: We presently have a -- one of your police offices do has about eight cameras we got from the Solid Waste Department, and they're being placed in several places, and it's been very helpful. So that idea be very important, also. If they can be hooked up when you see somebody break in a car and they trying to break 30 cars, it can be picked up before it goes through all of them. Chief Orosa: And believe me, one of the issues is in downtown right on Biscayne Boulevard. There's a particular parking lot there that we get some break-ins in cars, and that's going to be one of our priorities. And like you said, I believe about a year ago, the Commission instructed us to create an environmental squad; we did, andl think that they're up to 40-something arrests of people doing dumping and things of that nature. So it's a good -- we have a sergeant and two officers involved in that, so it's working out. Chair Gort: Thank you, Chief. Any further questions? Commissioner Sarnoff. Commissioner Sarnoff Yeah. Chief I don't know how the other Commissioners feel, but if you go to all these community homeowners meetings and you hear about somebody having some City ofMiami Page 19 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 camera footage, and all you pretty much hear is the Chief -- not Chief -- police officers going, `I wish they had a better camera." Whatever camera you're recommending probably is going to last, I would say, five years minimum, because I don't think anybody's going to buy another camera. Are you advocating for a camera that is going to do all the things you need? In other words, are you getting this --? We had this with the BID (Business Improvement District). The BID just ordered a camera. I think it went through your office, andl think there was a slight compromise, 'cause it was a very, very expensive camera, and then there was a camera that you guys recommended. Are you making those recommendations to the DDA, the Park, or --? Chief Orosa: The -- yes, we are. We -- on the DDA, specifically, I asked my people to go and do a walk-through to see where they would like the DDA to install the cameras, andl think we're waiting for that to finish so that we can get back to the DDA. I know my people have been in contact with your CRA, and we're almost ready to go on that one. The cameras, in particular, are long-lasting cameras. If the software ever changes, you can change the software without changing the camera, and it's a very long-lasting lens, and it's for the exterior weather of South Florida, so it'll last a long time. Commissioner Sarnoff. And last question: Are you involving Miami Parking Authority, which, pretty much, has all of Biscayne Boulevard and has --? They've experienced a significant number of break-ins up and down Biscayne Boulevard. Chief Orosa: Our main goal first is to set up the whole system and then reach out to all our partners to say, "What cameras do you have? Can we get our -- your feed? And if you don't have cameras, this is the camera system that, you know, we're using, and hopefully, we can get a feed if you buy that system." Chair Gort: Very good. Thank you. This is a public hearing. Is anyone in the public would like to address this issue, PH.1 ? Seeing none, hearing none, any further discussion? Being none, all in favor -- ToddB. Hannon (City Clerk): Chair. Chair Gort: -- state it by saying "aye." The Commission (Collectively): Aye. Mr. Hannon: Chair, you need a motion. Commissioner Suarez: I move the item. Commissioner Carollo: Second. Chair Gort: Sorry; I thought it was moved and -- Commissioner Suarez: Sorry, my apologies. Chair Gort: Okay, moved by -- Commissioner Suarez: I did not move it. Chair Gort: -- Commissioner Suarez; (UNINTELLIGIBLE) Commissioner Carollo. All in favor, state it by saying "aye." The Commission (Collectively): Aye. Commissioner Suarez: Thank you. City ofMiami Page 20 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 PH.2 RESOLUTION 14-00232 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PURCHASE OF ELECTRONIC CONTROL DEVICE ACCESSORIES, BATTERIES, AND OTHER RELATED EQUIPMENT, FROM TASER INTERNATIONAL, INC., FOR THE DEPARTMENT OF POLICE, ON AN AS -NEEDED CONTRACTUAL BASIS FOR A PERIOD OF ONE (1) YEAR, RENEWABLE ANNUALLY, SUBJECT TO AN ANNUAL FINDING OF SOLE SOURCE BY THE CHIEF PROCUREMENT OFFICER AND APPROVED BY THE CITY MANAGER, FOR AN INITIAL PURCHASE AMOUNT OF $15,311.96; ALLOCATING FUNDS FROM THE POLICE BUDGET GENERAL FUND, ACCOUNT CODE NO. 00001.191501.667.0.0, WITH FUTURE PURCHASES TO BE ALLOCATED FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 14-00232 Summary Form.pdf 14-00232 Notice to the Public.pdf 14-00232 Memo - Sole Source Finding.pdf 14-00232 Memo - Request for Sole Source Finding.pdf 14-00232 Pre-Legislation.pdf 14-00232 Legislation.pdf 14-00232 Exhibit.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-14-0138 Chair Gort: PH.2. Manuel Orosa (Chief of Police): Commission, this is an item to buy spare batteries and cartridges for our Tasers that we bought recently. We bought the Tasers; we bought the batteries that come with the Tasers, but we need to have some spare batteries and spare cartridges so that when we use the Tasers -- Chair Gort: They are recharged. Commissioner Suarez: Move it. Chief Orosa: Yes, sir. Commissioner Sarnoff. Second. Commissioner Carollo: Second. City ofMiami Page 21 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Chair Gort: Moved by Commissioner Suarez; second by Commissioner Sarnoff [sic]. It's a public hearing. Is anyone in the public would like to address this issue? Is anyone in the public would like to address this issue? Seeing none, hearing none, close the public hearings. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. END OF PUBLIC HEARINGS ORDINANCES - SECOND READINGS SR.1 ORDINANCE Second Reading 14-00078 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AMENDING CHAPTER 50/ARTICLE I, ENTITLED "SHIPS, VESSELS, AND WATERWAYS/IN GENERAL," BY AMENDING SECTION 50-1, ENTITLED "DEFINITIONS", TO ADD NEW DEFINITIONS; FURTHER AMENDING ARTICLE II/DIVISION I, ENTITLED "OPERATION OF VESSELS/GENERALLY", AND BY ADDING SECTION 50-42, ENTITLED "RESTRICTED AREA", TO ESTABLISH A SLOW SPEED -MINIMUM WAKE RESTRICTED AREA IN THE WATERS OF THE MIAMI MARINE STADIUM; AUTHORIZING THE CITY MANAGER TO UNDERTAKE AND TO EXECUTE THE NECESSARY APPLICATIONS WITH MIAMI-DADE COUNTY, THE STATE OF FLORIDA, AND THE UNITED STATES AGENCIES TO ESTABLISH THE PROPOSED RESTRICTED AREA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. 14-00078 Summary Form SR.pdf 14-00078 Back -Up from Law Dept FR/SR.pdf 14-00078 Legislation SR.pdf 14-00078 Exhibit A FR/SR.pdf Motion by Chair Gort, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item SR.1 was deferred to the April 24, 2014 Planning and Zoning Commission Meeting. SR.2 ORDINANCE Second Reading 13-01347 Department of AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER Procurement 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/ CITY OF MIAMI PROCUREMENT ORDINANCE", MORE PARTICULARLY BY CREATING SECTION 18-118, ENTITLED "PUBLIC -PRIVATE PARTNERSHIPS", AND BY CREATING SECTION 18-119, ENTITLED "UNSOLICITED PROPOSALS", TO CODIFY THE PROCUREMENT PROCEDURES TO BE USED FOR PUBLIC -PRIVATE PARTNERSHIPS AND UNSOLICITED PROPOSALS CONSISTENT WITH SECTION 287.05712, FLORIDA STATUTES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 22 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 13-01347 Summary Form SR.pdf 13-01347 Final Bill Analysis FR/SR.pdf 13-01347 State Statute 287.05712 FR/SR.pdf 13-01347 Legislation SR (Version 4).pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez 13447 Chair Gort: SR.1 has been deferred. SR. 2. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: SR.2 is something that I was working with our City Attorney closely yesterday. There's some things that, you know, I want her to put on the record and see if we're okay, and maybe even bring it back for next meeting. But again, I just want to make sure that let my colleagues know, and, you know, we could discuss a little bit more some of the things that we may request. Okay. Chair Gort: This is the second reading on the three `Ps" (Public -Private Partnership). What are you asking? Commissioner Carollo: On the -- Chair Gort: To defer it or to table it? Commissioner Carollo: No, I'm not asking to table it. I'm saying we could start hearing it, but there's some items that we have discussed, and she'll put it on the record to see, you know, what the feel for it is, and if not, we could bring it back next Commission meeting or not -- whatever the will of this Commission is, but I'm just letting you know that, you know, there's going to be some discussion on it. Chair Gort: Okeydoke. Pablo Velez (Interim Director, Procurement): Good morning, Commissioners. This is an ordinance that would create Section 18 -- I'm sorry. Chair Gort: You are? Mr. Velez: Sony; Pablo Velez for the Procurement Department. This ordinance would create Section 18-118 for the public private partnerships, and also Section 18-119 for unsolicited proposals. Chair Gort: Okay, the public hearing. Is anyone in the public would like to address this issue? Seeing none, hearing none, close the public hearing. Commissioners. Commissioner Carollo: Yes. Madam City Attorney, if you could put on the record (UNINTELLIGIBLE). Victoria Mendez (City Attorney): Yes. There were some concerns that were raised with regard to the ordinance on whether the ordinance allows too much discretion on the procurement process. City ofMiami Page 23 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Those were some issues, whether in the ordinance where it says a lot of times "may" versus "shall." Another concern that came up was the finance committee within the ordinance, what criteria they would be using to evaluate the projects that came before the Commission. Another concern or request was with regard to the Commission, when they made any financing decisions, if it could be 4/5ths of the Commission; that is, four persons with regard to any financing that came before the City. Also, with regard to the evaluation committee that is set up, who would appoint the evaluation committee? Would it be Commissioners? Would it be the City Manager? With regard to that, it was would they be employees or members of the community, et cetera? So a decision should be made on that. And for renewal options, you know that some -- usually, you allow that all renewals of contracts are done at the option sometimes of the City Manager. In this actual ordinance, it is up to the City Manager on renewals. There's been a request to make it that the City Commission has the option for renewals. On conditions for use, in this ordinance, normally -- in the normal procurement process, the way it's done is an RFP (Request for Proposals), an RFLI (Request for Letters of Interest) goes out based on the discretion of the Manager and the Administration. It's been requested that first, when an unsolicited proposal is received by the City for that to be brought as a discussion item by the Commission, and for the Commission to say, "Yes, this is something we're interested in"; more of a -- more of that type of plan versus -- Commissioner Sarnoff. All right. Could you -- Ms. Mendez: -- the Administration. Commissioner Sarnoff. -- rewind that last sentence? I was taking notes andl didn't get that one. Ms. Mendez: That once a solicited -- unsolicited proposal is received by the City, it should be placed on a Commission agenda so that the public may be aware of the unsolicited proposal, and the Commission and the public may opine on it. Thereafter, the Administration may follow the recommendation of the City Commission on whether to proceed on the unsolicited proposal. That would be the -- Chair Gort: I don't know if anyone who sits here have worked in unsolicited proposal. I have, because in my business, you were able to do unsolicited proposal, and the process that we had at that time, you come up with an idea that it shows, and it can prove they can save funds by refinancing "X" amount of bonds, something like that. You sit down with the Finance Department and they have certain criteria. You have to be able to save "X" percentage before you can do that. The Finance Department looks at it, they look at the numbers; they have the staff that looks at the number, and then after they come to an agreement, they will go to the Commission and approve it. My understanding is the procurement right now, when we (UNINTELLIGIBLE) an RFP, we get a copy of an RFP, we look at it, we -- andl think one of the things -- well, I'll let staff answer that, and, I mean, my experience in unsolicited proposal is a little different. I understand this comes from the State, so is the staff able to answer those questions? And -- Ms. Mendez: And one last one. Chair Gort: Yes. Ms. Mendez: That the neighborhood associations and homeowners associations be noticed through those -- you know how we have the e-mail (electronic) with the "ZZZ, " and it notifies on land use issues and stuff, it would be a similar; that when one of these types of proposals comes up, that the homeowners associations and -- be noticed and it be placed on our website. So those were the issues that came up. Chair Gort: Okay. City ofMiami Page 24 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Mr. Velez: Mr. Chairperson -- Chair Gort: Excuse me. Commissioner Carollo: No, Mr. Chairman, and like I said, I knew there was going to be quite a few of them, and, you know, some of them I don't think have been completely worked out, so I just -- you know, I don't know what the will of this Commission is; if they want to move forward or if you would allow me a couple weeks to like work some of these out and see if we could bring something back that's acceptable to this Commission or not. Chair Gort: Commissioner, I want to be able to see if staff can answer it, and if not, we might as well not even have it, so let's hear it. Mr. Velez: Mr. Chairperson, with respect to -- Chair Gort: The questions have been asked. The reason why. Mr. Velez: With respect to the financing aspect of it -- Chair Gort: There's quite a few questions. If you guys believe you can answer some of those questions and bring it back, maybe we'll table it for a while, if it's okay with -- Commissioner Sarnoff. I have the eight questions, if you want. Ms. Mendez: I have them. Commissioner Sarnoff. You wrote them down, too? Okay. Alice Bravo (Deputy City Manager/Chief of Infrastructure): Alice Bra -- Chair Gort: You have additional questions too? Commissioner Sarnoff. No, no, I -- in case they didn't write it down, I wrote down the eight questions: Too much discretion on procurement process; finance committee requiring 4/5ths vote; evaluation committee criteria; renewals of contracts coming back to the Commission; unsolicited proposal be placed on the agenda; notification of HOAs (Homeowners Associations). Commissioner Suarez: Mr. Chair, ifI may? Commissioner Carollo: As a discussion item. Chair Gort: Yes. Ms. Mendez: That was really good. And the 4/5ths -- Commissioner Suarez: That was very good. Ms. Mendez: -- on the -- Chair Gort: (UNINTELLIGIBLE) did a good job -- Commissioner Suarez: I would say that that's enough issues -- I don't know how everyone else feels -- to maybe bring it back in the next Commission meeting. I don't know how everyone else feels; that's eight issues. City ofMiami Page 25 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Commissioner Sarnoff. WellI -- andl hear you, but maybe they have addressed it already. Let's Commissioner Suarez: Okay. Ms. Bravo: Good morning. Alice Bravo, Deputy City Manager. Ms. Solares' first concern is about the language, "may," and think you have to read the proposed ordinance change in the context, so if we receive an unsolicited proposal, we may choose to embark on this process, and we could start, and advertise, and request competing proposals for an unsolicited proposal, and at that point, we may change our minds and decide, you know, we don't want to pursue this. So that language of "may" is meant to spell out that this is a process that once we embark on, we're not obligated to see it all the way through. Commissioner Carollo: Right, but here's the issue: We may, and who's deciding in the "may"? If we bring it back as a discussion item, we could actually discuss it and decide on the "may"; otherwise, who's deciding the "may"? Do I even know about it as a Commissioner? Does any of the other Commissioners even know about it? Whose decision is on the "may move forward," or "may not move forward"? Ms. Bravo: Ultimately, it's the Administration's decision at this point. The way the -- Commissioner Carollo: Right; at this point. So -- Ms. Bravo: -- ordinance is drafted. Commissioner Carollo: -- in all fairness, I think, you know, it should be brought as a discussion item for this Commission to discuss. Commissioner Sarnoff. Doesn't the end result get voted on by the Commission? Chair Gort: Yes. Mr. Velez: Yes. Commissioner Sarnoff. So isn't that -- do you need the prophylactic measure of the entrance into the system? Doesn't that politicize the process, as opposed to the end result, when everything is packaged, you get to analyze it, carefully decipher it, do your financial analysis, do your legal analysis, whatever analysis, you know, that you may deem appropriate? Doesn't -- isn't that our opportunity to then say "yea" or "nay" to this? Commissioner Carollo: You have a point, but at the same time, you know -- Listen, when it comes to unsolicited proposals, I'm just concerned, because it gives -- it could give an unfair advantage to a company. As a matter of fact, what is it you have to -- if so decided -- put out an RFP within -- what? -- 120 days -- up to 120 days. That could be done -- what? -- within 30 days? Ms. Bravo: Correct. Commissioner Carollo: That could give an unfair advantage to a company. And -- Ms. Bravo: IfI may through the Chair, the -- Chair Gort: Yes, ma'am. City ofMiami Page 26 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Ms. Bravo: --flexibility of that time frame is to tailor it for the magnitude of the project. If someone is proposing to advance construction of a sidewalk project, you know, that's something that normally would have a brief bidding period, maybe 30 days. Commissioner Carollo: And the RFP process doesn't go through this Commission. So in the "may" process, you may want to do an RFP process, the whole nine yards. There's companies that, when they bid for RFP, you know, it cost money, it cost time, andl don't want it to be something that, yes, we're moving forward, it comes to the Commission and gets shots down. So Chair Gort: My understanding, RFP -- Commissioner Suarez: That's correct. Chair Gort: -- before they go out, they're sent to the Commission to revise them, to get our opinion. I mean, I received it. Ms. Velez: Yes. Right now, currently, per the Commission's request, we always send you a draft of any RFP or any RFQ that is going out, just to offer you an opportunity to review it and make whatever, any changes, or alterations you feel are necessary. Daniell Alfonso (City Manager): And Commissioners, if I may, also -- Commissioner Sarnoff. So as a compromise -- wait, wait, wait -- as a compromise, if we get that notification, any Commissioner may bring up as a discussion item, as well as a determination as to whether to move forward. I don't know if that's important to you. It's really not important to me 'cause -- I don't know about you; I don't get into the minutia until the whole package is presented. Commissioner Suarez: Understood. Commissioner Sarnoff. But other Commissioners may do things differently, and, you know, the idea to me, in the very beginning stage, may not be the developed idea. And I'm not an administrator. I mean, I think our function is policymakers, and, you know, the only time I've ever felt like an administrator is Police, and Suarez is always cautioning me I'm going too far, but -- so as a policymaker, I don't know that I want to be involved in the inception stages. Chair Gort: Next. Ms. Bravo: The second item involves the question of the finance committee's role as and specifically -- Commissioner Carollo: I'm sorry, I think -- Commissioner Suarez: No, I was going to say that -- andl guess it's an unsolicited proposal, so it may be a little different, but I think from a policy perspective, whatever proposals, the sooner they come before the body as a -- from a policy matter -- 'cause we don't want to waste anybody's time, either. You understand what I'm saying? I mean, these people spend a lot of money on these proposals. They spend a lot of money developing proposals. I've had a lot of people come back to me with -- very upset that something didn't get accepted, or didn't get done, and -- whatever the case may be. And I say, "Look, that's your risk, that's on you. " You know what I mean? "You want to propose something to us, we'll listen, we'll vet it out for you; we'll do whatever we have to do. But it's on you as to what -- how much money you spend. There's no guarantee that anything that you propose is going to happen." But from a policy perspective, if somebody puts an unsolicited proposal, it might be better for us to vet it sooner rather than later, City ofMiami Page 27 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 just to say this is our policy, or it's not our policy, because some of it is administrative in terms of vetting the proposal out and whether it makes sense, and some of it is policy oriented in terms of whether we even want to go there. I don't know if I'm making any sense. Commissioner Sarnoff. Yeah. I think what you're saying is that you're okay with the idea. 'Cause that's all -- Commissioner Suarez: Yeah, right. Commissioner Sarnoff. -- we'll ever get is the idea. Commissioner Suarez: Exact -- the concept. Commissioner Sarnoff. Right. Commissioner Carollo: And at least, you know, we're not wasting, you know, companies' times that -- Commissioner Suarez: Or our own. Commissioner Carollo: -- spent -- yeah, and our own. Commissioner Suarez: Our own resources. Commissioner Carollo: -- that are spending money and resources to bid for something that, ultimately, we're not interested in. Commissioner Sarnoff. But isn't there -- Commissioner Carollo: You know, andl think that's where there should be some communications. Commissioner Sarnoff. But isn't -- Chair Gort: Excuse me. Commissioner Sarnoff. Sorry, I apologize, Mr. Chair. Chair Gort: My understanding is according to the process -- and like I've told you, I've been part of the process many -- for many, many years. And before we go with the unsolicited proposal, can tell you, we do an analysis, we do a study, we have people doing the numbers, because of certain criterias [sic] that set out for this proposal. They ask for at least 5 percent saving in debt service, so you have to look at all the numbers before you bring it to the Administration. You bring it to the finance committee. Finance committee looks at it. They think it's good, then they put everything together. They don't even do an RFP. I mean, this is something different from the State, so I'm not too familiar with this, butl think I've seen the potential where a lot of times when you need to build something but you don't have the funds up front allocated, you can get -- a contractor is willing, because it's multinational. They want to do the work in City ofMiami, or they want to do something in the City ofMiami, and they're willing to finance the -- finance it themselves [sic], and create -- and allow the Administration to -- of the City to pay on terms. Commissioner Sarnoff. So isn't a compromise, andl think a fair one, something in the ordinance that suggests that each Commissioner shall be notified of the unsolicited proposal; at which point, the Commissioner, at his option, may bring it before the Commission for a pronouncement City ofMiami Page 28 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 or resolution as to whether it is the Commission's will to move forward with this proposal? 'Cause that satisfies you, and it satisfies you. Commissioner Carollo: Stipulate that again; say that again. Commissioner Sarnoff. Sure. Commissioner Carollo: 'Cause it sounded good, so I just -- Commissioner Sarnoff. Lawyers are supposed to make anything sound good. Commissioner Carollo: Yeah, well -- Commissioner Suarez: That's the problem. Commissioner Carollo: That's exactly the problem; that's why I want you to say it again. Commissioner Suarez: (UNINTELLIGIBLE) gets worried about. Commissioner Sarnoff. So why don't we put something in the ordinance that suggests each Commissioner shall be noted, and at each Commissioner's option, they shall be entitled to bring this before the Commission for a policy statement as to whether by resolution they wish to move forward with this proposal or not. Commissioner Carollo: Prior to an RFP going out. Commissioner Sarnoff. Oh, absolutely. Chair Gort: Sure. Commissioner Sarnoff. Absolutely. Commissioner Carollo: Okay. Chair Gort: I'll recognize you as soon as we finish, and I'll let you ask all the questions you want, okay? Please. Grace Solares: Thank you. Ms. Bravo: So -- Chair Gort: Next. Ms. Bravo: -- the next item stems from the involvement of the finance committee, and so if we're receiving an unsolicited proposal to construct something that we may not necessarily have funds appropriated for right now, this step is to ensure the finance committee's involvement so they can say that, yes; however, payment would be structured for that project is acceptable and not harmful to the City. So that's the purpose of involving the finance committee. So someone may propose, "We'll reconstruct this section of roadway for you, and you pay us over 20 years," and therefore, the finance committee would be involved in blessing that structure. Chair Gort: Okay, next question. Ms. Bravo: So it talks about any financing should be approved by the 4/5ths of the Commission, so I -- you know, the way it's structured right now is the finance committee agrees to the payment City ofMiami Page 29 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 structure. If that element would not be brought to the City Commission for approval, the ultimate contract would be brought to the City Commission for approval whether -- that would normally be through a 3/5ths vote. Commissioner Sarnoff. So is the amend -- Chair Gort: (UNINTELLIGIBLE). Go ahead. Commissioner Sarnoff. I apologize. Chair Gort: Go ahead. Commissioner Sarnoff. It's all right? Chair Gort: Go ahead. Commissioner Sarnoff. So is the amendment that the financing structure itself is broken off from the proposal, and that has to have a 4/5ths vote, the financing structure; is that what that's being suggested? Ms. Bravo: That's the comment. Ms. Mendez: In -- practically speaking, the way that it would work, since the financing would be a component of this contract that's awarded, the contract would have to be 4/5ths -- Commissioner Sarnoff. So then -- Ms. Mendez: -- practically. Commissioner Sarnoff. So the truthful amendment to this would be: Any unsolicited proposal must have a supermajority of the City Commission. I can't support that. I suspect -- I'd love to have supermajority in certain circumstances. Maybe at 5 o'clock today, I'd love to have a supermajority, but on a more regular basis, I can't see that. Ms. Mendez: But the way that you describe it, though, the -- if the financing portion -- like not necessarily you don't kill anything, but technically, you could bifurcate it, but it would not be practical. Commissioner Sarnoff. Yeah, it makes no sense. Chair Gort: It would delay the project even more, andl think -- Commissioner Sarnoff. Yeah. All we're doing is we're creating a 5-train car into a 50-train car. Ms. Bravo: And imagine after going through the whole competing proposal phase, then -- Commissioner Sarnoff. I got you. Chair Gort: Thank you. Ms. Bravo: -- you would come down to this. Commissioner Sarnoff. Like I said, at 5 o'clock, I'd love to have a supermajority. Ms. Bravo: Right. So -- City ofMiami Page 30 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Chair Gort: Next. Ms. Bravo: The next section -- Mr. Velez: The next section concerns the appointment of persons for the evaluation selection committee. Currently, through our procurement process for the RFPs that we handle, the evaluation committees are compromised predominantly of individuals from the outside; not from employees, or Administration, or anyone relating to the City. And ultimately, that committee needs to be approved by the Manager before we can move forward with having the meeting. Commissioner Sarnoff. Is there a criteria, such as certified public accountants, bankers; any criteria for those? Is there a criteria to be on this committee? Commissioner Carollo: No. Mr. Velez: No, not any -- Commissioner Sarnoff. Is that what you're suggesting? 'Cause I'm okay with that. Chair Gort: They're going to have expertise. The person who's going to be in that committee is going to be able to have the expertise (UNINTET,TIGIBT,F). Commissioner Sarnoff. Like the finance committee person. Commissioner Carollo: Look, we've been challenged in the past regarding committee members, who they are, how were they chosen, and so forth, and I think that's an issue. Commissioner Sarnoff. Is your -- 'cause it's really two issues. Commissioner Carollo: And that's where -- that's what I was saying. Listen, we're bringing up a lot of issues. Maybe we need the extra two weeks for it. Commissioner Sarnoff. (UNINTET,T IGIBT ,F) but -- I don't mind that, but I want to -- this is our chance to talk about it. Commissioner Carollo: Sure. Commissioner Sarnoff. It's not a terrible agenda, except at 5; just kidding. It's not a terrible agenda. So are you suggesting -- first issue is, are you asking or suggesting that it should be a person with a financial background, such as a CPA (certified public accountant), such as a banker, or somebody who's been in the financial service industries for 20 years? Commissioner Carollo: Well, I always want a financial person in all these committees. Commissioner Sarnoff. No, I -- andl -- Commissioner Carollo: I think if you've been up here long enough, you'll see that I continuously say that. As a matter of fact, I'm trying to see a way where in some of these -- and I'm still working on it, and drafting it -- but I want to see how in some of these large RFPs, we make sure that our Auditor General takes a look at it, and is involved in the process, because I remember with the Grove Bay, I asked that question. He was not involved, andl asked for him to be involved, and review it so I'm trying to see -- candidly, I'm telling you now -- I'm trying to see how we draft something so he is involved in all these RFPs or at least major RFPs. So, yes, when it comes to selection committees, I always want a finance person there or at least, you City ofMiami Page 31 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 know -- but that's not the only issue. The only issue -- Commissioner Sarnoff. No, I -- Commissioner Carollo: -- you know, who are these people -- Commissioner Sarnoff. Right, one by one. Commissioner Carollo: Right. Commissioner Sarnoff. One by one. But what is your criteria -- it may be the Chair is -- for the financing? Is it a CPA; is it a banker; is it a --? And then, what is a banker? And -- is it a certified public accountant would satisfy you? Chair Gort: Let me ask a question: My understanding is this process has to go through a finance committee, which is -- we have, I believe, very capable people. The finance committee is our people, right, or our Administration. We (UNINTELLIGIBLE) -- Mr. Velez: Comprised of our -- Chair Gort: -- are you going to create a different --? Mr. Velez: They're comprised of your appointments. Commissioner Sarnoff. They are our appointments. Mr. Velez: Yes. Chair Gort: Our -- Mr. Velez: Yes. Ms. Mendez: The finance committee is the finance committee that's presently -- Chair Gort: It's appointed by us. Ms. Mendez: Right -- that has the SEC (Securities & Exchange Committee) lawyer and all -- the accountants and all that. But remember, it's two things. Finance committee is one thing; evaluation committee is another. Chair Gort: (UNINTELLIGIBLE). Mr. Velez: Yes. Chair Gort: That's what I want to get to. The finance committee is composed of people that we have appointed. Commissioner Sarnoff. I got you. Mr. Alfonso: Yeah. Chair Gort: We have CPA, we have attorney. Now, when it comes to the evaluation committee, it has to be someone in the expertise of the project. Mr. Velez: Yes. City ofMiami Page 32 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Chair Gort: Engineers, attorneys, whatever, andl think that's what he wants to make sure, 'cause we set up the criterias [sic] for the selection committee. Ms. Bravo: And currently, if it's some type of architecture project, our committee is comprised of architects; as Mr. Velez said, the majority outside of the City, so we contact other agencies and have them volunteer architects, as necessary, so we'll have three outsiders and two members of City staff with the qualifications appropriate for the type of work being evaluated. Chair Gort: Is that in the document, the criteria for the selection of the --? Ms. Mendez: It's not in the ordinance. In this ordinance, we do not have the evaluation committee. I'm not certain that that's in any other section of the Code, though. Mr. Velez: It is in a different section of our Procurement Code; the section that clearly defines -- Ms. Mendez: And then we could refer to it, if anything. Mr. Velez: -- how the evaluation committee is comprised, and its approval by the Manager ultimately. Chair Gort: Okay, next; next question, Commissioner Sarnoff. Commissioner Sarnoff Well, these aren't my questions. Chair Gort: I know, but you did a good job and -- Commissioner Sarnoff So whatl have is renewals of contracts coming back to Commissions, which is something Commissioner Carollo has always been a stickler for. Chair Gort: The renewal of contract, I think we approved that before; they should be coming in front of the Commission. I think so far, every renewal contract has come in front of the Commission. Mr. Alfonso: No, Commissioner. You have chosen some and not others. Chair Gort: Okay. Mr. Alfonso: So it hasn't been a consistent process. Chair Gort: My understanding, with the conditions that's set on the con -- in this contract, the conditions according to the finance and the term of the finance. Ms. Bravo: Right. Well -- Chair Gort: Am I correct? Ms. Bravo: -- the conditions of these contracts would come to the Commission for approval of the contract. So if at that point it had been written up with some type of renewal structure, the Commission could amend it at that time. Commissioner Sarnoff So we could do it then. Ms. Bravo: Right. Commissioner Sarnoff Okay. City ofMiami Page 33 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Ms. Mendez: Right. Ms. Bravo: Because if it's a one-time construction of sidewalks -- Commissioner Sarnoff. Right. Ms. Bravo: -- there wouldn't be a renewal issue. Commissioner Sarnoff. Okay. Mr. Velez: Also -- Ms. Mendez: Right. But then we need to just clam that, because right now, it says "City Manager." So -- Mr. Velez: IfI may add -- Chair Gort: Let me give you a suggestion of what I'm trying to get at. We're going to try to get all the answers to the questions, recommendations; give it to the Attorney. Let the Attorney look at it; you guys see the changes, amendment; (UNINTELLIGIBLE) submit the document. Maybe we can bring it up later this afternoon and show it to Commissioner Carollo and to ourselves. Ms. Bravo: Great. Chair Gort: Okay, next question. Ms. Bravo: The next question talks about -- Chair Gort: Come on, Marc. Commissioner Sarnoff. I got -- I have unsolicited proposal be placed on the agenda. Ms. Bravo: Every time one is received. Commissioner Sarnoff. Every time one is received, correct. That was -- Ms. Mendez: That was your first one, though. Commissioner Sarnoff. But I think -- right. I think we -- Chair Gort: That's the first one. Commissioner Sarnoff. -- resolved that. And the only thing have left is notification of HOAs. Chair Gort: What was that, notification? Ms. Mendez: The notification of the neighborhood associations; HOAs, the homeowners associations; and the placement of this on the Procurement website, which I think we already do on our regular procurements. Mr. Velez: Yes, we do. Chair Gort: Okay, would you write all that down, please, and see if we can bring it up later on? Okay. City ofMiami Page 34 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Ms. Mendez: The -- there was one more issue that I forgot to mention, but it does not apply technically, but I just wanted to put it on the record with regard to construction contracts under CCNA (Competitive Consultation Negotiation Act), if you could clar that issue; that came up. Ms. Bravo: Right. There was a question about including a "whereas" clause for CCNA for engineers and architects, and basically, you are -- unsolicited process would be to advance construction of projects; not the design of projects. So CCNA wouldn't really apply, unless we were advancing the design of project, which really doesn't bring us a benefit. Chair Gort: Okay. Well, let's get some of the amendments necessary for that document. Ms. Solares, you're recognized. Commissioner Suarez: Do we have any consensus? Ms. Solares: Good morning, Commissioners. Grace Solares, Miami Neighborhoods United. The suggestion that an unsolicited proposal be considered by each of you, any one of you can bring it -- wishes to bring it for discussion before you, I disagree with that. I think it should come. They should tell you there's an unsolicited proposal, and they should bring it before the Commission, entire Commission, so there'd be a discussion out here in the public, and the public may have some say-so in here, because if you decide not to do it, then it starts traveling, and traveling, and traveling, and then by the time it gets to you, it's a done deal with respect to all the steps taken, and then it's going to happen like Grove Bay. You, Commissioner Carollo, complained, `I only got this five years [sic] ago; it's a huge contract. " You brought the Independent Auditor. Have you seen it? We will extend it. The same thing is going to happen, and the whole train has been traveling, and the people did not know about it. So I suggest that if an unsolicited proposal comes in, that the matter be brought before the Commission so that the people know what's happening, and the people have the ability to speak here. So I suggest that you do not follow the recommendation of Commissioner Sarnoff. Please make things transparent. Commissioner Suarez: And let me just say, Mr. Chair, ifI may, on that issue. Chair Gort: Yes. Commissioner Suarez: We don't -- as far as I know -- maybe I'm wrong -- we don't get that many unsolicited proposals, do we? So that might mean one a year, maybe, you know. So I don't think it's unreasonable to bring it -- I don't think it's going to make our agenda more cumbersome or anything like that to let -- it's not just the public, but us. We can't talk about things amongst each other, so we can't vet it from a public policy perspective unless it's before us. So it's really dual purpose, and if there was -- if we were getting 10 unsolicited proposals a month, I can understand that there would be -- 10 agenda items every other meeting would be a little bit overwhelming, you know? Butl think we get maybe one a year may -- if that; maybe one every two -- you know, one every six months, one every -- I don't know. I've only seen a few unsolicited proposals since I've been here in four years. So I don't think it's a bad idea what Ms. Solares is proposing. Ms. Solares: Right. Chair Gort: Let me ask a question, Ms. Solares. May I? Commissioner Suarez: And the Commissioner. Ms. Solares: Yes, sure. City ofMiami Page 35 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Chair Gort: Okay. We're talking the disadvantage to the individual. My understanding is someone comes in with an idea that they can do an unsolicited proposal. The Administration is going to look at it, and then the -- then they're going to do an RFP. Now, whenever you do an RFP, my understanding, or a bid, you don't give out all the information, because then you're losing your (UNINTELLIGIBLE). Ms. Solares: But the whole problem with this is that the RFP is to the whim of the City Manager. He may put it as an RFP -- Chair Gort: No, it's not. Ms. Solares: -- but he may not. Chair Gort: No, no, no. My understanding is -- which I was against that, because when I go with an unsolicited proposal, I have done my work, and the finance is completely different to the way the State do it for construction; it's completely different. My understanding and the reason I didn't have any problem, because any solicit [sic] proposal will go out for an RFP, and an RFP have to be answered by the public and by anyone. An RFP -- that RFP, before it comes out, we get a draft of it and we can make comments on the draft for an RFP, or bring it here. Ms. Solares: I understand. But one of my concerns with this document is that RFPs on this -- on 18-118 and 119 -- says "may." The City Manager may. That gives him all the discretion in the world to actually do an RFP or not do it. I don't know what is the criteria under "may." Chair Gort: Okay. The -- make sure one of the changes that there will be an RFP. Yes, sir. Mr. Alfonso: Commissioner, there may be an RFP, because when we come to this Commission perhaps for a discussion, and this Commission decides, "No, it's not something we're not [sic] interested in, " then there may not be an RFP. If you may -- if you say "shall" be an RFP, then now you say, "Well, there shall be an RFP even if this Commission doesn't want to." So that's why the "may" is there. I don't do anything at my whim, so I resent -- you know, I resent the remark. We hope that we analyze things, and put proposals forward. And as a matter of fact, this Commission gets unsolicited proposals all the time. We get vendors that call us every day trying to offer their businesses and services, and we don't just give contracts to people at the whim. I mean, I think these things come to the Commission and they get exposed through our RFP process. Chair Gort: I can tell you, I have a lot of vendors come to me. We -- magnificent proposal and all the benefits to the City. I send it to the Administration, and if they're not a benefit to the City, they stop right there. Ms. Solares: Okay. I would like a change -- we would like a change to "shall. " There'll be -- whatever is necessary, an RFP, whether he has to go through the process and see you guys, that's the way it should be. Chair Gort: Well, let me go to the other time. I present an RFP. I don't show enough savings, and the Finance Department is going to tell me, "Look, there's not enough savings; sorry, we can't do it, " and it's rejected right there; at least in my experience, in mine. Andl think this would be the same thing that will be taking place in here. Okay. Ms. Solares: We also would like to request that when there is an unsolicited proposal here that the homeowners -- and on the other ones, as well -- that the homeowners associations registered with NET (Neighborhood Enhancement Team) be advised that there is an unsolicited proposal being filed with the City, and -- as well, because we need to be watching. I don't know whether you're going to be bringing before the Commission the unsolicited proposal as to whether or not City ofMiami Page 36 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 you give instruction to them to go ahead and -- with the unsolicited proposal, and we need to know what's going on, so the ones registered with NET be informed of the proposals. Okay? Chair Gort: Thank you, ma'am. Ms. Solares: Thank you so much. Chair Gort: Anyone else in the public -- Ms. Mendez: Mr. Chairman. Chair Gort: Yes. Ms. Mendez: I'm sorry. I just wanted to clam two things, because then it ultimately -- the question ultimately comes back to me. For the evaluation committee, it is mentioned under 1886, but there isn't any -- I just think that the Administration has always been very proactive and made sure that there's different disciplines on the evaluation committee, but it does say that an evaluation committee shall be appointed by the City Manager for purposes of evaluating the proposal based on the criteria contained in the RFP, RFLI, RFQ. No other factors or criteria shall be used in the evaluation. So it doesn't say who goes where. I just wanted to make that clear; like who's on it. Chair Gort: Why don't you make it clear, one of those questions (UNINTELLIGIBLE) -- Ms. Mendez: Right. But -- so basically, we want an accountant, an attorney, and an architect on every committee, no matter what? Mr. Alfonso: No, no, no. Chair Gort: No. Ms. Mendez: Or it depends on -- Chair Gort: Got to be independent on the industry -- Commissioner Sarnoff Right. Chair Gort: -- or the proposal and the type of proposal. They have to be in -- people with expertise in that (UNINTET,TIGIBT,F). Ms. Mendez: Okay, and do you have a number that you want? Commissioner Sarnoff Well, then, that brings up the issue that I think Commissioner Carollo which will bring up: Should the Manager do it or should the Commission do it? That's the debate. Mr. Alfonso: Commissioners, I would also say in terms of the qualifications of any person for any RFP, we agree that, obviously, these people should be qualified to evaluate what it is that they're looking at, absolutely. But if we want to change that in the Code, that should be changed as a change to the Code for all; not necessarily for this one type of RFP, so that's just -- Commissioner Sarnoff Well, but you -- I guess you would agree that at a minimum, it would be persons in the discipline of the subject RFP, regardless of who chooses them. Mr. Alfonso: Right. We -- and right -- Commissioners, and we do that already. I mean, when City ofMiami Page 37 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 you see the selection of the people that have been appointed to the committees, for the most part, they're people that have experience in that area. I mean, we choose architects that -- we borrow people from the County; we -- engineers and the (UNINTELLIGIBLE); I mean, those are the people that we use. Chair Gort: Okay. Ms. Mendez: And then -- I'm sorry, one last thing: We brought up the CCNA contract, but the other issue -- andl think it could just be clearly set up in a "whereas" clause, which is the -- well, you know, the City, which we have to anyway comply with Florida Statute 255.20 that has to do with local bids and contracts for public construction works. That just says that -- it deals with construction over 300, 000. It wasn't necessarily CCNA that was the issue. So we could just put in a "whereas" clause, which isn't a problem, that we'll abide by, you know, any limitations under -- with regard to how these projects are done when it's a project over 300, 000. But that's just -- we have to comply with State Statute anyway, so that's not problematic, but we could put it -- we'll put it in a "whereas" clause, definitely, because we have to comply. We can't just willy-nilly not comply with State Statute, so we'll put it in. Ms. Solares: I think it should be there so that the Procurement sees it right there. Chair Gort: Excuse me, excuse me. Ms. Solares: But they're not going to (UNINTELLIGIBLE) -- sorry, Commissioner. Chair Gort: (UNINTELLIGIBLE). Ms. Solares: I mean -- Commissioner Carollo: Chairman. Ms. Solares: -- Mr. Chairman. But I believe it should be there, because whoever gets the Code is not going to see it, and they're not going to go looking for the statute. They have to know that when it reaches the 300,000 threshold, they need to go to RFP. Chair Gort: Thankyou. Do we have all the questions and all the amendments that we need to incorporate? And make sure you put it all together, bring it to all of us, and bring it to Commission. We'll bring it on later on before 5 o'clock. Ms. Mendez: Yes. Chair Gort: Thankyou. Okeydoke. I need a motion -- well, there's no motion for that. Later... Chair Gort: SR. 2. My understanding, there was eight questions that needed to be answered or come up with some -- Ms. Mendez: Yes, we have a draft that we've done, and you should be receiving a copy in a moment, and you'll see the changes and see if it's to your satisfaction. Chair Gort: Okay. Vice Chair Hardemon: I thought we still had a motion on the floor, Mr. Chairman. No? Okay. Chair Gort: By the way, this item's already been going -- have gone through the public hearing, City ofMiami Page 38 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 so we don't need to open -- So, Commissioners, we want to get out of here. Commissioner Carollo: (UNINTELLIGIBLE). Chair Gort: No, we should -- I said, let's come back at 4, and we're very close to 4. Commissioner Carollo: (UNINTELLIGIBLE) out of here. Chair Gort: Okay, the amendments that were made -- Ms. Mendez: Yes, we -- Chair Gort: We're waiting for -- Ms. Mendez: Yes, a copy, so that you could see it. It's coming shortly. Later... Chair Gort: Do we have any other items? ToddB. Hannon (City Clerk): Chair, we do have discussion items and then blue page items. Mr. Alfonso: Well, the P3 -- Vice Chair Hardemon: And also the P3. Commissioner Sarnoff. P3 has not come up? Mr. Alfonso: -- still needs to come back. Commissioner Sarnoff. Right. Chair Gort: P3. Ms. Hannon: Yes. Chair Gort: Okay. Mr. Alfonso: Okay. Chair Gort: Could you go over the new amendments that was created? Mr. Velez: Commissioner, Pablo Velez, for the Procurement Department. We did include additional language addressing those changes that were made mention of earlier. I don't know if you want me to -- Ms. Mendez: Mr. Velez, I'll go through them. On page -- does everyone have a copy of the ordinance? Okay. On page 2 of 7, the two "whereas" clauses were added at the top of page 2 to indicate compliance with Florida Statutes; on page 4 of 7, at the top where it talks about the proposal evaluation, what was added was the third sentence -- I'm sorry -- the third line of paragraph 7, "This Evaluation Committee shall be comprised predominantly of individuals who are not City personnel and which are deemed subject matter experts in the project areas concern." For example, an architect, engineer, certified public accountant, financial advisor, et cetera, who are certified and registered as required by law. So we added that. The page 5 of 7, all the way at the top, the first line, "At the option of the City Manager, subject to confirmation City ofMiami Page 39 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 by the Commission, " so that's for the exercising of options to renew contracts. That was a concern of the Commission. Commissioner Sarnoff Where -- I'm sorry; where are we on that one? Ms. Mendez: I'm sorry. At the -- page 5 of 7, the first line. Chair Gort: The top. Ms. Mendez: The very first line at the -- Commissioner Sarnoff No, I got it. Ms. Mendez: -- top: "Shall be exercised at the option of the City Manager, subject to confirmation by the City Commission, " and we have an extra comma there that we'll take out now. In para -- same page, paragraph "E, " where it talks about public notice, the third line in paragraph "E, " "The City shall first notify the Commission of the receipt of said unsolicited proposal by placement of a discussion item on the next available Commission meeting agenda." And four lines down from that, we added the City shall additionally furnish a copy of" said -- "of same notice to any homeowners or neighborhood associations currently registered with the City's Neighborhood Enhancement Team Office." And page 6 of 7, the last paragraph, all the way at the bottom, six lines up -- I'm sorry -- seven lines up, "The aforementioned options of renewal shall be exercised at the option of the City Manager, subject to confirmation by the City Commission." Andl believe that's it. Chair Gort: Okay. Commissioner Sarnoff Vote. Let's do it. Chair Gort: Was there a motion before? No. Okay. Commissioner Sarnoff So move. Chair Gort: It's been moved. A motion by Commissioner Sarnoff. Is there a second? Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Any further discussion? All in favor, state it by saying iiye. " Mr. Hannon: Chair -- Commissioner Sarnoff Ordinance. Chair Gort: (UNINTELLIGIBLE) an ordinance Mr. Hannon: -- it's -- Chair Gort: It's a, yeah, ordinance. Go ahead, read it. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Commissioner Hardemon, we're getting ready for a roll call. Vice Chair Hardemon: Right here. City ofMiami Page 40 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 FR.1 14-00194 Wynwood Business Improvement District (BID) Board Mr. Hannon: Okay, thank you, sir. Vice Chair Hardemon? Vice Chair Hardemon: For. Mr. Hannon: Commissioner Sarnoff? Mariano Cruz: Open (UNINTET,T IGIBT ,F) public hearing. Mr. Hannon: Mr. Cruz, we had the public hearing earlier this morning when the item was discussed. Mr. Cruz: Oh, okay. Mr. Hannon: Yes, sir. Back to the roll call, Commissioner Sarnoff was "yes." Chair Gort? Chair Gort: Yes. Mr. Hannon: The ordinance passes on second read, as amended, 3-0. Chair Gort: Thank you. Commissioner Sarnoff. Oh, you finally gave birth? Ms. Mendez: Baptism -- Mr. Velez: Thank you. Ms. Mendez: -- by fire for Mr. Velez here. Commissioner Sarnoff. It was a long labor, wasn't it? Mr. Velez: Thank you. END OF ORDINANCES - SECOND READINGS ORDINANCE - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2/ ARTICLE XI/DIVISION 21, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/VVYNWOOD BUSINESS IMPROVEMENT DISTRICT BOARD", MORE PARTICULARLY BY AMENDING SECTION 2-1317(A) TO MODIFY THE PROCESS FOR ELECTING FUTURE BOARD MEMBERS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-00194 Memo - Wynwood BID SR.pdf 14-00194 Pre -Legislation FR/SR.pdf 14-00194 Legislation FR/SR.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. City ofMiami Page 41 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes, sir; FR.1. Commissioner Suarez: We had a -- Chair Gort: (UNINTELLIGIBLE) time certain. Commissioner Suarez: Go ahead. Chair Gort: We had the Wynwood. Commissioner Suarez: No, I think he said -- Daniel J. Alfonso (City Manager): FR.1? Commissioner Suarez: FR.1, yeah. Commissioner Carollo: FR.1; yeah, it's a time certain. Commissioner Suarez: Yeah. Commissioner Carollo: Wynwood BID (Business Improvement District). Commissioner Suarez: I'll move it, I mean. Chair Gort: FR.1. Mr. Alfonso: The Wynwood, guys. Chair Gort: Wynwood, come on. You got a time certain. Commissioner Suarez: Hey, you guys got to be awake. Come on, man. Chair Gort: Got to make it right on time. Albert Garcia: Good morning. Albert Garcia, vice chairman of the board of directors, Wynwood Business Improvement District, 310 Northwest 26th Street, Miami. We are coming before you today with an ordinance amending the Chapter 2/Article, Division 21 of the Code of the City ofMiami, as amended, entitled the `Administration/Boards, Committees, Commissions/ Wynwood Business Improvement District Board of Directors." This is more particularly with regards to amending the Section 2-1317(a) to modifi, the process for electing future board members; containing a severability clause and providing for an effective date. As you all recall, we were just formed last year, and this is internal; just routine business for us in preparation for the upcoming elections in the fall to re-elect members of the board. As you may recall, some of us were elected to a one-year term; others to a two-year term as part of that first year. Chair Gort: Right. Mr. Garcia: And as you'll tell, this is basically just breaking that down for you as to how our bylaws have been amended to reflect the ongoing needs of the board. Vice Chair Hardemon: So move. City ofMiami Page 42 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Commissioner Suarez: Second. Chair Gort: It's been moved and -- Vice Chairman Hardemon; second by Commissioner Suarez. Any discussion? Is anyone in the -- it's a public hearing. Is anyone in the public would like to address this issue? Seeing none, showing none, hearing none, the public hearing is closed. Any additional comments? It's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item FR.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 4-0. Chair Gort: Thank you. Good luck. END OF ORDINANCE - FIRST READING RESOLUTIONS RE.1 RESOLUTION 14-00243 Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Waste ATTACHMENT(S), ACCEPTING A PAYMENT TO THE CITY OF MIAMI, IN THE AMOUNT OF $376,252.00, IN PAYMENT OF ALL CLAIMS AND DEMANDS FOR AUDIT NO. 14-0014 OF PROGRESSIVE WASTE SOLUTIONS OF FLORIDA, INC. (F/K/A WASTE SERVICES OF FLORIDA, INC.), A DELAWARE CORPORATION; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT AND RELEASE, IN SUBSTANTIALLY THE ATTACHED FORM, TO EFFECTUATE THE PAYMENT. 14-00243 Summary Form.pdf 14-00243 Pre-Legislation.pdf 14-00243 Legislation.pdf 14-00243 Attachment A. pdf 14-00243Attachment B SUB.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-14-0140 Chair Gort: Okay, RE.1. Commissioner Suarez: Thank you. Keith Carswell: Good morning, Commissioners. Keith Carswell, director for the Department of Solid Waste. RE.1 is a proposed resolution accepting payment, in the amount of $376, 252, from Progressive Waste Solutions in connection with an audit that was performed. One of the things oftentimes people, when they think about the Solid Waste Department, they think about recycling; City ofMiami Page 43 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 they think about garbage. Chair Gort: Bring the mike up. Mr. Carswell: They think about garbage; they think about recycling; they think about trash collections. But the Department is also responsible for oversight in management of the commercial hauling franchise. We currently have about 14 active franchisees, and they pay various fees for the privilege of providing commercial solid waste collection in the City ofMiami. Going back four years, the State had received somewhere around 8.9 million. Last fiscal year, we topped off at 12.3 million. A lot of that has been through the efforts of working with the Auditor General, working with IT (Information Technology); we've brought in the Code inspectors through ACM Cabrera, which provided oversight out in the field; we've changed the Code where if we have illegal operators, we actually can confiscate and remove their containers, to the delight of the -- our franchisees. So we've done everything we can, I think, to be good stewards of the franchise and try to get every dollar that's owed to the City. We've also been engaged in litigation with some haulers. We currently have about a $3 million litigation case that's underway. We had a settlement within the last two years of a -- in excess of $300, 000. We've sent out default letters. We've done everything) think we can to be good stewards of the franchise. So when we come to you today and we ask for not only acceptance of the payment from Progressive, which comes up -- if you peel back and look at the actual franchise fees that weren't remitted for the period of time, it's about 1.5 percent. While that seems like a small amount, but understand, the dollar amount is a significant amount. But the -- but given the historical track record of payments that have been made, given the oversight and management that has been provided by the Department in connection with the Auditor General's Office, I would recommend that we provide the release in connection with the payment. Commissioner Suarez: Move it for discussion. Chair Gort: Move for -- Commissioner Suarez: Sorry, go ahead. Chair Gort: Is there a second? Commissioner Sarnoff. Second. Chair Gort: Moved by Commissioner Suarez; second by Commissioner Sarnoff. Discussion. Commissioner Suarez: I -- you know what, I'll to yield to the Commissioner, 'cause I think he may have a question. I just wanted to praise the parties involved, so. Commissioner Sarnoff. I was actually just going to say for every good steward, you need a good director. Commissioner Suarez: Right. Commissioner Sarnoff. Keith Carswell, you're one of my favorite directors in this City; innovative, responsible, responding to Commissioners -- or at least me. And l just -- going to say that, but now comes the issue I think to bear, which is: Do you get a release on an issue that you have been -- and) think their auditor is going to want to come up here -- but do you get a release when you've been audited,-- and if I'm not mistaken, three or four times during the same cycle period? Andl think only the auditor can tell us publicly -- I know what he's probably told us privately -- why it is that it was three or four audits during that same time period. I mean, as a lawyer, Commissioner Suarez, if you're going to represent your client well, you're going to say, "Hey, you know, have you -- are you done; you got everything you want? Have I given you all City ofMiami Page 44 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 the pa" -- you know, you -- Commissioner Suarez: I would certainly -- Commissioner Sarnoff. Right. Commissioner Suarez: -- want that -- Commissioner Sarnoff. You want that release. Commissioner Suarez: -- sort of peace of mind -- Commissioner Sarnoff. Right. Commissioner Suarez: -- to move forward. Commissioner Sarnoff. But I want to hear from the auditor who had a very different angle on this, 'cause my instincts as a lawyer is to satisfy another lawyer to say, "Okay, we're done." Commissioner Suarez: And by the way, that's -- in my opinion, that's the nature of a settlement. Commissioner Sarnoff. Right. Commissioner Suarez: I mean, you settle the claims, any and all claims, you know, whether they came before or of -- well, not after, obviously, but anything coming before, because, you know -- well, without getting any further into the details, I just think the nature of a settlement is both parties potentially disagree on something, and you, who are a mediator, know this better than anyone. And you kind of both pinch your nose and say, "Okay, this is what we're willing to live with, " you know, in a sense. It certainly doesn't prevent the auditor from auditing the operations of this company or any other company going forward, andl think you're going to be establishing a precedent in terms of what's the specificity of information and documentation that needs to be provided and maintained. My guess is that -- by the way, I actually have not spoken to the auditor, but wanted to just say -- backup a second before we get on that issue and echo your comments about the director, you know, and also about the auditor, too, because they've both worked collaboratively in this space to try to recapture a lot of money on the -- you know, for the benefit of the taxpayers, andl think, you know, obviously, the company's also very well represented, and they have their position, and they have a very good advocate, who I have a lot of faith and trust in, Mr. Recio. So, you know, I think this is a good settlement for the City of Miami. Having said that, I'm willing to listen to what you have to say, and by the way, what the auditor -- I have not had a chance to speak to him. But I agree with you; I think if you're going to settle something, you settle it, and then you move on, and then you go to the next -- hopefully never needing to go back, but, you know, I agree with you. Ted Guba: Ted Guba. Mr. Carswell: Thank you. Chair Gort: Yes, sir, you're recognized. Mr. Guba: Ted Guba, Auditor General. As I -- good morning, Commissioners. As I previously advised you, I believe that the release, the proposed release should not be approved. According to the Solid Waste franchise agreements, the City ofMiami has the right to audit Progressive's books and records, and Progressive has the obligation to pay the money dues [sic] with penalties and audit costs as a result of an audit. The franchise agreement that the City executed does not require the City to waive any of the audit inspection rights in order to receive the monies due as City ofMiami Page 45 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 a result of an audit. Further, the City has never provided a release to any franchisee as a result of a regular audit by my department, and monies have always been remitted to the City by franchisees as a result of audits. Andl do understand the concern about being re -audited, but under the direction of my predecessor, four prior audits of Progressive were performed during the audit period the five-year audit period covered by my audit, and they recovered monies of about $70, 000. Commissioner Sarnoff. Wait, wait, could you stop right there? Mr. Guba: Sure. Commissioner Sarnoff. Just so we understand it. So you're saying -- Commissioner Suarez: Re -audited; they basically re -audited. Commissioner Sarnoff. Right. We audit them -- audited them four times prior? Mr. Guba: Well, it's a five-year audit scope. Commissioner Sarnoff. Okay. Mr. Guba: Four of those five years had been previously audited. Commissioner Sarnoff. Okay. Mr. Guba: They recovered $70, 000. Our office has since developed and implement new, more effective and efficient audit procedures which have identified significant additional fees that were due to the City. Commissioner Sarnoff. In the four of those five years? Mr. Guba: We audited the five years using different procedures. We audited basically 100 percent of the transactions in the past. They sampled -- Commissioner Suarez: But -- Can I just jump in there? Chair Gort: Yes, go ahead. Commissioner Suarez: Because I think -- and I'm not an auditor, certainly, but I'm a lawyer, and I would -- and I'm not going to make their argument for them, actually, but I'm just kind of making it in the aggregate. You know, auditing is not a science, in my humble opinion. Mr. Guba: Right. Commissioner Suarez: Right? And the nature of the reason why this is a settlement is because they don't necessarily agree with it; they just are willing to kind of live with it and move on, andl think, you know, you can continue to audit them, and you can change the procedures, or you can change the way you look at certain things, or certain categories, or certain expenses, or revenues or whatever, but you may have litigation that results from that. Andl think what we're looking at doing here is, based on your findings, and based on the company's agreement, we have a settlement, and so we're willing to settle and put this behind us. You know what I mean? And I think a fair request on their part is to say we're going to settle -- you know, we're going to close this chapter and move forward. Commissioner Sarnoff. Here's what -- Is this a settlement? I don't know. Is this a settlement? City ofMiami Page 46 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Mr. Guba: No, but they owe us the money. We don't have to give them a release. They owe us -- Commissioner Sarnoff. But here's my question: Is this a settlement? Victoria Mendez (City Attorney): Yes. Commissioner Sarnoff. It is. Mr. Guba: It is, yes. Ms. Mendez: Yes. It's an agreement of -- we're not in litigation. Commissioner Suarez: Right. Ms. Mendez: We're just -- Commissioner Suarez: That's my point. Ms. Mendez: -- it's just an agreement with a release. Mr. Guba's position is that we don't have to give them that; we could just default. We feel that whenever we don't have to enter into litigation and we get $376,000, it's a great result. But that's obviously something for you to -- Commissioner Sarnoff. Well, on the other hand -- let me take devil's advocate for a moment -- supposing there's really $675, 000 due? And let's say -- my -- now you've described it as a settlement. Are they releasing us as well? Mr. Guba: Yes. Ms. Mendez: What they're giving -- what we're doing is we're giving them a release with regard to this specific period; however, we're adding a "whereas" clause that says: `Progressive represents that they have provided the City with records of all accounts that relate to the franchise agreements during the period as defined, and that representations made as a part of the audit were truthful to the best of Progressive's knowledge." So if Mr. Guba decides to audit a particular period and he finds all sorts of other things that were, "A," not truthful, "B, " not all the records were presented, and, you know, all sorts of other things, obviously, we would have a cause of action. Chair Gort: You come back. Ms. Mendez: Or we would go back and "claw back, " I believe is the term, I'm not positive. Commissioner Sarnoff. (UNINTET,TIGIBT,F). That's a good one. Ms. Mendez: But we would be able to address this. Andl think that we have fair assurances with this agreement that we would be able to do that based on that "whereas" clause. Commissioner Sarnoff. But aren't -- Ms. Mendez: And then you said "a release"; if we're getting a release. Chair Gort: Excuse me. Commissioner Sarnoff. Yes, are we getting released. City ofMiami Page 47 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Ms. Mendez: I don't -- Commissioner Sarnoff. Let's say Mr. Recio feels very unduly charged at this hearing, and he wishes to then prosecute whatever claim he may believe legally he has after advice of good litigation counsel, Mr. Recio, since that's not what you do -- is he giving us a release so we feel like we should be getting something in return? Ms. Mendez: That is a very good point. We do not have a release in this document because -- Commissioner Sarnoff. Mr. Recio. Ms. Mendez: -- we did not consider -- Commissioner Sarnoff. Mr. Recio. Tony Recio: Yes. Commissioner Sarnoff. If this Commission were to give you a release, would you give us a reciprocal release? Mr. Recio: A reciprocal release for any -- Commissioner Sarnoff. For the time period. Mr. Recio: Yeah. I'm just imagining what we would be going after you for. Commissioner Sarnoff. Of any and all claims. Commissioner Suarez: Just say `yes. Mr. Recio: Yeah, we can do that. Yeah, yeah, we can do that. Commissioner Sarnoff. And take your lawyer's advice right there. Mr. Recio: Yeah, regarding the -- Ms. Mendez: We felt that -- but obviously, releases are good no matter what, so we can -- Commissioner Suarez: I'm just trying to figure out what they would be releasing us from. Ms. Mendez: Well, we'll put one in there, too. Commissioner Sarnoff. I just think we should get a reciprocal -- if there is value to the release to him, then there should be value to a release to us. Commissioner Suarez: Well, we're the one that's going after him. Chair Gort: Wait a minute. (UNINTELLIGIBLE) Commissioner Hardemon. Commissioner Suarez: They're not going after us. Well, yeah, that's (UNINTET,T IGIBT ,F) Chair Gort: Excuse me. Vice Chair Hardemon: One of the things that I found particularly telling was that the auditor, he explained to us out of the -- he said four of the five past years, you utilized a different method City ofMiami Page 48 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 that you went about auditing, andl believe you used the term, you sampled. There was a sampling that was done, and that sampling resulted in $70, 000. But this time, you looked at 100 percent of all transactions. Mr. Guba: Yeah. Vice Chair Hardemon: So it was much more of what I would probably describe as a forensic type audit to look at each transaction. That's why you uncovered so much. So, you know, I think that that attests to, when you ask the question or you look to, "Well, why was it audited four times before and we didn't get this same result?" Well, because of the nature of the audit. So considering the fact that there was a 100 percent of transactions audit, it makes me much more comfortable moving forward with the release, andl can understand the company's position moving forward. Mr. Guba: I think that that was our goal. I don't know whether we have -- we keep refining our techniques, and we are going to conduct a subsequent audit. We may refine our techniques more and identin, other accounts in the post -audit period from here which relate back to the prior audit that were not identified previously, which this release will prevent us from getting those monies back. And l just want to say we have conducted similar audits of four or five other haulers, including the largest hauler, Waste Management, and we're three quarters done with that audit. They have fully cooperated. No one else has asked for a release. This is the only firm that has asked for a release, andl just wanted to say -- Commissioner Suarez: Can I just ask if any other firm has been audited five times? Chair Gort: Excuse me, I think -- Mr. Guba: They all have, they all have. I think they're all under the same -- especially Waste Management. Commissioner Suarez: I'm just curious. Chair Gort: Are you finished, Mr. Guba? Commissioner Suarez: My apologies. Chair Gort: Okay. Commissioner Suarez: No, I just wanted to make sure we're comparing apples to apples; not that -- I don't know, 'cause I hadn't talked to the auditor, so I just wanted to make -- because ifI had been audited five times, I would want a release myself. And if someone else hadn't, then I can understand why they're not asking for it. So that's just -- I just wanted to make sure we were comparing apples to apples. I don't know, because I haven't spoken to you. Mr. Guba: Yeah, all the haulers we have done the same type of audits. We have gone back with all of them. They have all been cooperative. And l just think you should also know that in the course of our audit with Progressive, they repeatedly refused to provide my department with critical audit information, and after repeated unsuccessful attempts to obtain this information, the Solid Waste Department took steps to formally default them, and then finally, they complied after that. This was done in June of last year. We initially started this audit December of 2013, and this is how long it's being -- take to complete it, because we had to go through this default process. None of the other haulers had -- we've had to do this. So -- and there's an additional issue here, too. You know, for the past decade, the haulers have been providing these services at commercial accounts, and they've been on the honor system to pay fees since the City doesn't have a database of commercial accounts to monitor collection activities. Some degree of City ofMiami Page 49 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 assurance has been -- for collecting these monies has been delivered through these hauler audits, but the City is currently in the process of creating a database of more than 20,000 commercial accounts to monitor payment activity. And the Solid Waste Department expects that when this database is up and running, numerous accounts that are being serviced but not remitting fees to the City will be identified. And after these accounts are identified, collection efforts will start with the appropriate haulers going back as far as we can; the haulers that service these accounts. So it makes no sense to approve a release while we're undertaking this critical project, especially since Progressive alone counts for about a third of our business. Commissioner Sarnoff Can I ask a question, Mr. Chair? Chair Gort: Yes, sir, go ahead. Commissioner Sarnoff Maybe I wasn't listening carefully enough, but let me go back, 'cause you said we're in litigation with somebody, and who are we in litigation with? Mr. Guba: That's Sudden Waste. Commissioner Sarnoff And how much money is at stake there? Mr. Guba: About -- well, it's -- around three million. Commissioner Sarnoff That's what I thought I heard. Okay. And -- Mr. Guba: They fully cooperated with our audits, too. You know, they -- Commissioner Sarnoff But apparently, they didn't want to pay us the $3 million. Mr. Guba: And we -- actually, we went back three years. Commissioner Suarez: They don't want to settle. They don't want to settle. Commissioner Sarnoff I'd get the fact I'd cooperate too when you come to the (UNINTELLIGIBLE). Commissioner Suarez: They don't want to settle. Chair Gort: Let me tell you something, because this came out of my office, and we talked to Keith about three years ago, and we looked at the numbers, and our projections were about $10 million at that time; am I correct, Keith? Remember? So we been working with this for the last three years with this individual, and now we're down to three million; from 10 and we're down to 3. Mr. Carswell: Yes. Chair Gort: Okay, all right. Commissioner Sarnoff And can I go back? Chair Gort: Sure, go ahead. Commissioner Sarnoff So your last sentence, which I wasn't paying careful enough attention to, can you -- instead of reading it to me, can you synopsize what you were trying to say? Mr. Guba: Okay. We are putting together a database. City ofMiami Page 50 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Commissioner Sarnoff. Okay. Mr. Guba: And the haulers are going to be required to give us their billing information, and it will match up with all the commercial accounts in the database. Those commercial accounts that don't have activity have -- will have to be researched and find out who the haulers are. Maybe they're haulers who had agreements with the cities that are -- Commissioner Sarnoff. You seem to be articulating to me an equal protection argument. You seem to be articulating -- Commissioner Suarez: Yeah. Commissioner Sarnoff. -- that if treat them differently than I do the other haulers that I don 't give releases thereto that, one, I've set precedent, and two, I have not treated the others equally. Mr. Guba: Right, right. I mean, I think that we should wait until this database project is complete, and when we're -- ensure ourselves that there are good internal controls, and that we are getting revenue from all our commercial accounts, when the new agreement -- this franchise agreement expires next year -- if we can get to that degree of assurance that our controls are good, maybe it would be a good -- it would be an appropriate time to give limited releases. You know, that -- once we audit something, we won't go back, because we have comfort that we have control over the monies. Commissioner Sarnoff. Okay, I think I understood what you said, but I want to rephrase it. So you're telling me that you have this new system that's about to be completed, correct? Mr. Guba: Yes. Commissioner Sarnoff. And this new system, you suspect, will net different results. Mr. Guba: Yes. Commissioner Sarnoff. And you don't want to be precluded or you don't want to be forced right now by this Commission into creating a de facto protocol that grants releases to people once the investigation is completed. Mr. Guba: Right. Once this is -- once all these customers are identified, you want to be go -- you want to be able to go back and collect the monies that were due as far back as you legally can. Commissioner Sarnoff. Right. But correct me if I' wrong. If your new protocols go into place, you would then only be auditing anyone once, correct, for a -- Mr. Guba: Yes. Commissioner Sarnoff. -- period of time? Mr. Guba: Yes. Commissioner Sarnoff. Because you'd be comfortable that your protocols are good enough that based on the information received and the representations of fact made by that hauler that your audit results would be good. Mr. Guba: Yeah. Actually, I would perceive the auditing outside at the haulers being less, City ofMiami Page 51 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 because we've got to make sure that our data ba -- we'd be auditing our database more than anything, and we'll be able to put enhancements in there to make sure that different aspects of the contract are being adhered to, you know. We -- Commissioner Sarnoff But ifI were to tell you as a lawyer that the City ofMiami would be getting value on a reciprocal release, because let's just say Mr. Recio were up there and you walked into his office, and there was a litigation arm to that, and they said, "You know, I think you got strong-armed today, and did you give them a release?" And he'd come back and say, "No, I didn't give them a release." Then he goes to court, whatever IT may or may not have, allegedly, Madam City Attorney, and he would then -- Ms. Mendez: Thank you for the "allegedly." Commissioner Sarnoff -- he would have then the ability to effectuate rights against the City of Miami, 'cause we've taken no proactive measures to get a release from him, and that's a person you've admitted has been audited four times in the past five years. Mr. Guba: But you understand the reason why; because there's so much money out there and -- Commissioner Sarnoff I do, I do, but on the other hand, Madam City Attorney puts a little prophylactic measure in there: you're only auditing the information they're willing to give you and representations that they've made to you. If those representations true -- prove to be false, fraudulent or misleading, your release is not a release; do you understand that? Mr. Guba: Yes. Chair Gort: Yes. Commissioner Sarnoff And -- Mr. Guba: But to prove that they are misrepresenting, when we had been doing the audit, we asked for particular information. The answer was, "We gave it to you, " and then they refused to give information. So how do you -- if they've misrepresented something, and they said, "We already gave it to you, " how do we prove they didn't give it to us? I mean, that's -- Commissioner Sarnoff But you keep a file, don't you, on the information you inevitably audited to come up with this $376,000 number? Mr. Guba: Right, we keep an audit file, yes. Commissioner Sarnoff Right. And if it turns out two years later, you go back in another year, and let's say something slips out that some information from, let's just say, the '011 year, okay, comes out. And you say, "Madam City Attorney, I intend on going back into the '011, '09 and '08 year because this document that they provided a summary" -- this is "allegedly, "Madam City Attorney -- "allegedly that they provided represents an additional $600, 000 of potential revenue to the City ofMiami. " You would be able to do that. Chair Gort: Yeah. Mr. Guba: Yeah. But we're -- I mean, as a practical standpoint, you don't want to go back to court. I under -- as a practical standpoint, yeah. Commissioner Sarnoff I could almost -- Mr. Guba: I would like to -- you would like to be able to say, "You owe us the money; give us City ofMiami Page 52 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 the money." I think at a point in time going forward, that can be done. Once we -- we're comfortable with our controls. But on the other hand, like I said -- and I'll give Waste Management as an example. They have given access to their computer; we can look for whatever we want. We don't have that cooperation -- and we've had the cooperation with every other hauler. With this particular hauler, we did not, and I foresee a problem going forward. Commissioner Sarnoff. Well, let me ask you this question: Do you feel comfortable bringing this to this City Commission, asking for $376, 000, because you feel comfortable that you have reviewed all the records, all the records have been provided to you, and that you're recommending this Commission take these $376, 000? Mr. Guba: I'm recommending the Commission take the 376, 000. I think we covered mostly everything, but like I said, my audit -- the audit techniques that we use could be improved upon. They will be improved upon. I just don't want to be prevented from going back, presenting the information and then saying, "Well, we previously gave it to you, " and then have to go to litigation. It makes no sense to me. Commissioner Sarnoff. But on the other hand, I got to tell you -- Andl apologize, Mr. Chair. Chair Gort: Sure. Commissioner Sarnoff. It reminds me of somebody who plays a basketball game, a football game, or even, you know, soccer, whatever game it might be, and they play the game and they lose, and then they say, "But I want to replay the game, 'cause I have better technique now." And you know how many cases I've tried in court and lost? More than I'd like to tell you. And I could tell you I learned something each time, andl thinkl could try that case better the next time, but the court said, "Thank you, Commissioner Sar" -- they don't call me "Commissioner Sarnoff" -- "Thank you, Mr. Sarnoff, but you tried that case and finality is finality. " And I just question whether we as a Commission, on an articulable basis, want to subject people to somebody saying, "I'm going to get better at this, so I may be able to go back in time." Now, if you're telling me that you don't think they've given you every document, or every representation, I'm more than okay with saying, "Until you make that recommendation to this Commission, I won't proceed forward." 'Cause you're the Auditor General. I've done none of this work. You're our expert. You're actually our employee. Chair Gort: Excuse me before you answer that. Vice Chairman. Vice Chair Hardemon: Thank you very much. You know, one of the things that I think about is the fact that within this industry that we're speaking of that we treat people who do business with the City with some level of decency, so much so that they feel encouraged to actually offer the services to our community, because I'm not so sure if Miami is the most -- well, I'm not so sure if Miami is an easy place for haulers to do business, and that's what we need to encourage. We need to encourage business within our community. You know, as I listen to you, sir, I become increasingly less confident in the results of your audit; not because I don't -- because I have no idea the level of service that you provide, but I'm assuming, from what you've done, that you provided a good service and that you are confident in your service. What I'm hearing, though, is that you're not 100 percent confident because of some procedure that could be improved sometime in the future. I, too, share in Commissioner Sarnoffs feelings that, "Hadl said this in my closing argument, I would have won that case." And I can think of many other cases that this community is well aware of that that same argument could have moved forward. So -- but in -- when I think about business, when you compare Waste Management to a smaller hauling company, it begs me to ask the question. I mean, are there recording -- the methods of recordation, are they standardized? Are they similar? And even the methods that you intend to use in the future, would there have to be some type of synchronization of these efforts? Because the way that I see it, from what I understand, the haulers, all of them, they don't have a City ofMiami Page 53 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 standardized method of doing things. They are all businesses and they provide you the information the best way that they can so that you can do your job the best way that you can. I don't know particularly in this situation; I'm not too sure in this case. But what I'm looking at is an organization that -- and I'm talking about this one because this is the one that's before us -- but that has been audited many times before, and by our own admission, if we use a sampling method, well, then, that wasn't the best method to use, because as with the sampling method, you're not going to be able to reap the amount of resources that you would had you did a 100 percent of the transactions audit, which is what we did this time. So when I hear someone tell me that we did audit 100 percent of the transactions, andl look at a business that chooses to or not to do business with us, andl think about the fact of the matter that what I'm hearing is that in the City ofMiami, we did not have a -- I mean, the best way to put it is a best practices almost to really and truly audit these companies to see what is due to the City ofMiami. The one thing that will say and that applaud the director for is that there has been an increase in the amount of service or the amount of revenue that his department has produced. So in those -- and in feeling that way, I'm confident that whatever method that we come up with, we'll continue to reap benefits for the citizens of the City ofMiami. However, there are -- we -- I think we all have a balancing act. We must protect our citizens, but then we must also encourage business, we must also do it responsibly, andl think that that's what we're trying to make a decision about today. And understand your position, because you may improve upon -- you may -- your methods. And if improved upon, it may yield higher resources. But to what point or to what detriment will this continuous auditing relationship have with the business relationships that we have with these companies? That's really what my concern is. Chair Gort: Thankyou. Thankyou, sir. Any other questions? Mr. Recio: Mr. Chair, may clarify some things on the record? Chair Gort: Yes, go ahead. Mr. Recio: Thank you, Mr. Chair. Good morning, I guess. For the record, Tony Recio with offices at 2525 Ponce de Leon Boulevard. 171 be very brief. I just wanted to echo some of the comments that were made. This -- Progressive sees this as a partnership with the City. This is a cooperative endeavor in terms of providing this franchise agreement. This has become a bit of an adversarial process. We lament that. In terms of what actually happened, what was dug through, the -- there were over 1,200 hours of City time invested into this digging and re -digging and re -digging. And Mr. Guba made a comment about a notice of violation that had been issued. That was -- I think, after going through it and actually meeting with staff that should never have been issued and, in fact, was rescinded on July 22, 2013 by the Solid Waste director. We are in compliance; we've been in compliance with every -- every step of the way. This release was discussed at every meeting along the way. This was always part of this -- part of what was happening. And there is, in fact, a mutual, a reciprocal release. The last sentence in paragraph 3 makes that clear. "The parties fully, finally and forever resolve and release any and all disputes that they believe themselves to have against each other with respect to the franchise agreements for the period as defined above." So that's already in this agreement; that was already negotiated out. And then as a final matter, one of the things that happened in this audit process that was not a part of the previous audit process, there was a change in the view of a certain fee. That is something that Progressive contested; we contested along the way; we actually gave in as part of that; that's part of what this settlement is about. We said, "Okay, you know what? We'll pay it." We want to be able to rely on what occurred here for all future accounting practices just as we did with the old -- with the previous audits. Unfortunately, we kept go -- we kept doing the same thing, and there was a change in the view of what that fee was; we got tagged with it. That's actually the bulk of what this money -- this principal amount is owed. And then we got tagged for penalties, and we got tagged for the audit fees for those over 1,200 hours of City time. So, you know, we're paying again and again and again on this. That's why we want to just close out this period and move on and go forward, so we'd appreciate your City ofMiami Page 54 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 support. Chair Gort: Thankyou. Ms. Mendez: Mr. Chairman. Chair Gort: Yes. Ms. Mendez: But just to clam, though the last sentence does say that, just in -- with regard to Commissioner Sarnoffs request about the mutual, we might just add one little sentence there that fully clarifies that it's mutual, because everything in that paragraph really alludes to City of Miami, City ofMiami, City ofMiami, and then at the end, it has that little catchall. Even though we can argue that, just to be crystal clear, we would just add a sentence about Progressive mutually releases the City ofMiami for this -- anything with regard to this period, so we'll just add that. Commissioner Sarnoff Any and all claims. Mr. Recio: Right. Ms. Mendez: Any and all claims. We'll -- Mr. Recio: We're okay with that claming language. Commissioner Sarnoff You're voluntarily offering a full release of the City ofMiami of any and all claims (UNINTELLIGIBLE) -- Mr. Recio: Of any and all claims during the period with respect to the franchise agreements. Ms. Mendez: Thank you. Commissioner Sarnoff You want to do it up till today? Mr. Recio: Ifyou do. Chair Gort: Okay. Who was the maker of the motion? Commissioner Sarnoff It was Commissioner Suarez. So I will withdraw my second. The motion I think fails. I will now make a motion for the mutual releases as voluntarily proffered and stated by Progressive, as articulated by the City Attorney, as slightly modified by this Commissioner. Chair Gort: It's a motion. Is there a second? Vice Chair Hardemon: Second. Chair Gort: Second. Any further discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. Mr. Recio: Thankyou. Commissioner Sarnoff There was some legislation there. RE.2 RESOLUTION 14-00231 City ofMiami Page 55 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), AUTHORIZING AN ADDITIONAL OWNER CONTINGENCY Program ALLOWANCE TO JVA ENGINEERING CONTRACTOR, INC., FOR THE DISTRICT 3 - ROADWAY, TRAFFIC AND DRAINAGE IMPROVEMENTS PART 2 PROJECT TO COVER ADDITIONAL WORK NECESSITATED BY FIELD CONDITIONS IN AN AMOUNT NOT TO EXCEED $12,699.68, THEREBY INCREASING THE AWARD VALUE FROM $377,631.26, TO ATOTAL AMOUNT NOT TO EXCEED $390,330.94; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENT PROJECT NOS. B-40303 AND B-40310. 14-00231 Summary Form.pdf 14-00231 Pre-Legislation.pdf 14-00231 Back -Up Documents.pdf 14-00231 Legislation.pdf 14-00231 Exhibit.pdf Motion by Commissioner Carollo, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez R-14-0141 Chair Gort: RE.2 Mark Spanioli: Good morning, Commissioners. Mark Spanioli, director of Capital Improvements and Transportation. RE.2 is a contract contingency increase for the District 3 Roadway Improvement Project to JVA Engineering Contractor, in an amount not to exceed of $12, 699. Chair Gort: District 3. RE. 3. Commissioner Sarnoff. He's probably okay with -- is he okay with it? Mr. Spanioli: He was briefed by our staff. Chair Gort: RE. 3. Mr. Spanioli: Good morning again, Commissioners. Todd B. Hannon (City Clerk): Excuse me, Chair. So we're tabling item RE.2? Chair Gort: We're tabling it to have the Commissioner of the area here. Mr. Hannon: Yes, sir. Later... Chair Gort: RE. 2. Mr. Spanioli: Good morning again, Commissioners. RE.2 is a contract contingency increase to JVA Engineering Contractors for the District 3 Roadway Improvement Project. It's in an amount not to exceed of $12, 699. Chair Gort: Okay. City ofMiami Page 56 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Commissioner Carollo: Move it. Chair Gort: Been moved by Commissioner Carollo. Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Any -- this is a public hearing. Is anyone in the public would like to address this issue? Seeing none, hearing none, public hearing is closed. Comments? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Mr. Spanioli: Thank you, Commissioners. RE.3 RESOLUTION 14-00325 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Improvement CITY MANAGER TO EXECUTE THE SECOND YEAR OPTION TO RENEW Programs/Transportat THE PROFESSIONAL SERVICES AGREEMENT WITH TRANSPORTATION ion AMERICA, INC., TO PROVIDE ON -DEMAND TRANSPORTATION SERVICES THROUGHOUT THE CITY OF MIAMI ("CITY"), FOR THE LOW INCOME ELDERLY OR DISABLED, FOR AN ADDITIONAL ONE (1) YEAR PERIOD, IN THE NOT TO EXCEED AMOUNT OF $262,505.60; ALLOCATING FUNDS FROM THE CITY'S SHARE OF THE TRANSIT SURTAX. 14-00325 Summary Form.pdf 14-00325 Back -Up Original Agmt.pdf 14-00325 Back -Up First Renewal.pdf 14-00325 Legislation.pdf RE.4 14-00341 Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-14-0142 Mark Spanioli (Director, Capital Improvements & Transportation): Good morning again, Commissioners. RE.3 is a second one-year renewal option for the on -demand transportation services to Transportation America, in an amount not to exceed of $262, 505. Chair Gort: Okay, is there a motion? Commissioner Sarnoff. So move. Vice Chair Hardemon: Second. Chair Gort: It's been moved and second. Public hearing; is anyone would like to address this issue? Seeing none, being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION City ofMiami Page 57 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Office of Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE and Budget ALLOCATION OF FUNDS IN THE TOTAL AMOUNT OF $55,000.00 TO SUPPORT EMERGE AMERICAS TECH WEEK, WITH FUNDS AS STATED HEREIN. 14-00341 Summary Form.pdf 14-00341 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0139 Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes, sir. Commissioner Suarez: There was another -- Chair Gort: Time certain. Commissioner Suarez: -- time certain that was not for a specific time, but for the morning, and the gentleman is here, Mr. Gonzalez, from eMerge Americas. Unidentified Speaker: (UNINTELLIGIBLE). Commissioner Suarez: Thank you, sir. Yes. First of all, I want to thank the Administration, specifically the Manager, for listening attently [sic] to the presentation that I made at the last Commission meeting regarding what think is going to be something transformational for the City ofMiami, and really something that's already begun, butt think this is going to be a major step in a direction of creating a technology -based ecosystem and economy in Miami, andl want to thank my colleagues. I know that the Manager had suggested that we each give money from our event fund I certainly don't -- that wasn't an expectation of mine when I brought this item before the Commission. I think that was just an idea that the Manager had, and, you know, I would love for all the Commissioners to do that, because I think that that shows that we believe in the item and in the event to the same degree, but I understand that, you know, everyone has their priorities and that's why we bifurcated the fund. So again, I thank the Manager; I thank Community Development; I thank everyone who kind of stepped up and listened to my kind of impassioned plea, because this is not only about the Miami of today, but this is very much about the Miami of tomorrow that we're all going to be inheriting and passing along to our children. So again, I want to thank you. I want to thank you for your presentation last week. I think it was very informative, and hopefully, you can have a very successful event, and we can be a big part of that success, and that that success is not just about the event and the events that follow, but that that really does spawn what the vision of Mr. Medina is, which is for another industry, as my Commissioner to my extreme left would say, another base industry, a very high paying base industry that involves jobs that have skill, and that we can find ways for every member of our community to benefit from, andl think that will be our challenge, as well. And l just want to thank again the members of the Commission and the Manager for his list -- you know, for listening and for putting forth this resolution. Thank you. Chair Gort: By the way, this is RE.4. Yes, sir. Does anyone -- Commissioner Suarez: I'm sorry, move -- I move the item. Chair Gort: -- (UNINTELLIGIBLE) would like to address RE.4? City ofMiami Page 58 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Commissioner Carollo: Second. Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Carollo. Discussion. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thankyou. First of all, I want to make sure there's clarification. I have here that the Manager from his reserve account will be $10, 000. However, in the resolution, it shows 5,000, so I want to make sure there's -- Daniel J. Alfonso (City Manager): Just for clarification, what the Commission had asked was that we bring the resolution. The way I understood, it was $5, 000 from each of the Commissioners, except for Commissioner Suarez, which was proposing $15, 000 out of his accounts. The Manager's account reserve for discretionary is going to provide $10, 000, and we're going to use CDBG (Community Development Block Grant) funds to acquire supplies and whatnot. Commissioner Carollo: Right, but whatl'm saying, the reso -- Mr. Alfonso: Marketing dollars are $5, 000. Commissioner Carollo: Right, but whatl'm saying, the resolution -- Commissioner Suarez: Yeah, Section 4. Commissioner Carollo: -- shows $5, 000. In Section 4 of the resolution, it shows from the Manager's -- I know what the intent is. Mr. Alfonso: Yeah. Commissioner Carollo: Your intent is $10, 000, but in Section 4 of the resolution, it shows the City Manager's reserve account only $5, 000. Mr. Alfonso: Okay, that's a typo. Commissioner Carollo: So I want to make an amendment -- Mr. Alfonso: That's a typo, then. We'll correct it; it's a typo. Commissioner Suarez: Yeah. Commissioner Carollo: -- for it to be $10, 000, and then I'll be honest with you, I believe that Miami should be a technology hub, and realistically, what we're doing now is investing in the future ofMiami, so I would like to increase it another $5, 000. So that'll be $10, 000 from my discretionary fund. Commissioner Suarez: Thank you. Thank you, Commissioner. Commissioner Carollo: Well, I'll make that amendment if -- Commissioner Suarez: Absolutely, friendly, absolutely. Thankyou. City ofMiami Page 59 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Commissioner Carollo: (UNINTELLIGIBLE). Chair Gort: Five to go. Ten to go. Anyone else? Commissioner Suarez: Thank you. Chair Gort: Let me tell you, back in -- I believe it was '95 when Terremark came out with the idea of creating that hub, that communication hub. Downtown Miami, if you recall, we had people from all over the world renting office to be able to connect to Terremark and their (UNINTELLIGIBLE). So the City has always been in favor of it, andl think the way that the world is moving today; technology, the way it moves, it's very important that we support this type of event. Is any further discussion? Yes, sir. Vice Chair Hardemon: I just have some question as to the title of the resolution now. How is that reading? Because as I have it before me, it doesn't make any sense, so can someone read it to me now? Victoria Mendez (City Attorney): Yes. There's going to be an amendment, and what it will read is: "A resolution of the Miami City Commission authorizing the allocation offunds, in the total amount of -- Commissioner Carollo: Fifty -- Ms. Mendez: -- $55, 000, to support eMerge Americas Tech Week with funds as stated herein." Vice Chair Hardemon: Okay. Ms. Mendez: Very simple. Vice Chair Hardemon: And -- Ms. Mendez: Because we had a couple of typos in the -- Chair Gort: In the amount of 35, 000 and -- Ms. Mendez: Right -- no, no, we -- this is the amendment. I'm going to read it again: 'A resolution of the Miami City Commission authorizing the allocation offunds, in the total amount of 55, 000, to support eMerge Americas Tech Week with funds as stated herein," and the "herein" is the changes that we're putting; District 1 will give a certain amount; District 2; District 3. And we could read that really quick if Mr. Rose can read that, just so it's very clear. Christopher Rose (Director, Office ofManagement & Budget): Certainly, and my apologies for the scrivener's error. It would be 5, 000 from District 1; 5, 000 from District 2; 10, 000 from District 3; 15, 000 from District 4; and 5, 000 from District 5. Commissioner Carollo: And -- Commissioner Suarez: Ten thousandfrom the Manager. Mr. Rose: Ten thousandfrom the Manager, and 5,000 of marketing funds from the Community Development Department. Commissioner Suarez: Thank you. City ofMiami Page 60 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Vice Chair Hardemon: And I -- Chair Gort: Yes, sir. Vice Chair Hardemon: -- don't know why I feel like the poorest man up here, because of this, because -- I would like to say that of -- this comes from our special event budget; is that correct? Mr. Rose: It's from the events budget. If Commissioners choose to have it from a different fund within their budget, that is available, you know; we can do it from another -- Vice Chair Hardemon: From another budget. Mr. Rose: -- fund in the Commissioners' budgets. Vice Chair Hardemon: Okay, because for me and my events budget -- I mean, you all have been doing this for a very long time, so you've learned how to maneuver things around to make it work for you, but this is my first year going through this. So I will say that this is probably more than 20 percent of my budget for events, and, I mean, as you know, within my community, just like in yours, I'm sure, you have a tremendous amount of -- Commissioner Suarez: Need. Vice Chair Hardemon: -- need. Commissioner Suarez: Need. Vice Chair Hardemon: And people, they call you about these dollars, and so I appreciate the fact that you sent the tickets for the children within the community so they can experience it, and I'm -- I was equally elated that the tickets were not limited, but really something that they can enjoy every single event that they go to, so that to me was something that meant a lot to me. I think made a modest request when I initially asked for the tickets, and you went far and beyond what that request was. One clarified question: For -- no, no worries about that. But -- so with that being said, I'm happy that the $5, 000 that I'm using is not only a help to your organization in making this event happen, but also sparking the interest in the children within this community so that they can now be a part of this, because now if you're bringing it to Miami, you know, what would it be to have people from Miami actually sometime in the future create a team of children to actually compete or give ideas toward the event? So with that being said, I think my money is well spent. Mr. Rose: Thank you very much. Chair Gort: Any further discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. Ms. Mendez: As amended. Chair Gort: As amended. Commissioner Suarez: And let me just say one thing on the special events accounts, because I think it's important. We all have equal amounts I believe, but I think there's two specific special events that are carved out, which are signature events, and I think one of them is Martin Luther King, and the other one is Los Tres Reyes Mago, the Three Kings Parade. So, you know, we've done everything we can to make sure that everyone has the funds available to make sure that the important things in their community are well funded, andl think that's something that we've done City ofMiami Page 61 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 before. Vice Chair Hardemon: Absolutely. RE.5 RESOLUTION 14-00229 Office of Management A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING AMENDMENTS and Budget TO APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2014. 14-00229 Summary Form.pdf 14-00229 Memo - FY 2013-14 Mid -Year Budget Amendment - SUB (2).pdf 14-00229 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 Hardemon R-14-0148 A motion was made by Commissioner Suarez, seconded by Commissioner Carollo, and was passed UNANIMOUSLY by the following vote: AYES: Commissioner(s) Gort, Hardemon, Sarnoff, Suarez and Carollo; directing the City Manager to identin, funds in the amount of $1 million to be allocated for the purchase of four (4) fire rescue trucks. Chair Gort: RE. 4. Commissioner Carollo: We -- Vice Chair Hardemon: We took care of that one. Commissioner Carollo: -- handled RE.4 already. Chair Gort: Yeah, that's right, we took care of that. Vice Chair Hardemon: RE.5. Chair Gort: RE.5. Christopher Rose: Good morning, Commissioners. Chris Rose, Office ofManagement & Budget. From time to time, the need arises for the Administration to request amendments of the annual budget. The item before you recommends adjustments to the general fund budgets of the Fire Rescue, Solid Waste, City Attorney, Capital Improvements budget, Communications, GSA (General Services Administration), Human Resources, Police, Parks departments, as well as the non -departmental budget and associated accounts. This is the Administration's request for additional allocation. At the last meeting, I presented to you -- reported to you that our projection was that the City would end the year with an $11.1 million surplus even with these changes before you today included. I stand by that projection. Even now, my good staff is back at the MRC (Miami Riverside Center) working on projections for the next meeting in two weeks, andl will be reporting at that time. I do not expect material changes on the projection for the yearend surplus. I've briefed each of you and your staff. I should point out at most of the briefings, I had included a couple of departments that are not before you with a request today; those are Public Works, Procurement and Public Facilities. Those three departments since briefing you -- I've looked at it deeper -- I believe that they are able to do the things they need to do within their budget; I'm keeping an eye on it. If things change, I'll report back to you in the City ofMiami Page 62 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 monthly meetings, but right now, anything they need to do can be absorbed in their existing year budgets. And at this time, I think I'll take any questions, with the Chair's permission. Vice Chair Hardemon: May I ask a question, Mr. Chair? Chair Gort: Thank you. Vice Chairman, you're recognized. Vice Chair Hardemon: Thank you very much. In reference to -- well, I guess it would be Public Facilities -- is that where we have our Little Haiti Cultural Complex and also the Caribbean Marketplace? Mr. Rose: Yes, sir. Vice Chair Hardemon: Okay. As I understood it, the Caribbean Marketplace, we know that we're trying to move it to open. Mr. Rose: Yes. Vice Chair Hardemon: What that does for that community, of course, is gives them an opportunity to actually generate income, to generate revenue within that area and become almost -- well, not almost -- to become a cultural destination for people that want to visit Little Havana, Little Haiti, Overtown, especially with the bed and breakfast and everything like that that's coming along down the pipeline. One of the concerns that I've heard from the people who manage the area, those buildings, are that: One, that building is being completed; however, it does not have the proper shelving and things of that nature, cabinets that you would typically have when you open up a facility. So my question to you is, first, how are we going to address the fact that it has not been outfitted yet? And then two: How are we addressing the staff to take over and manage that new building? Mr. Rose: Yes, sir. The Public Facilities budget -- I've been working with the director of Public Facilities, andl do believe that there is enough funding within the department as a whole for the Little Haiti Marketplace to open this summer and have the associated temporary staffing to do the job that needs to be done, and the furniture fixtures and equipment, as well. So within the budget they have, I believe they can get that done. Should something change, I will bring it back, I will alert everybody, but right now, as we're looking at numbers, for the last two weeks, I've been meeting with departments and we've been going deeper and deeper into the numbers. I believe we can do it with what we've got right now. Vice Chair Hardemon: So -- and with that belief you are -- and it's unequivocally clear that it is your intention to make sure that this facility gets up and running the way that it should? Mr. Rose: Yes, sir. Vice Chair Hardemon: Okay. And I heard you say that for the temporary staff to run it. How many temporary staff members will it be that'll have to run that facility; about how many? Mr. Rose: I'm going to say three or four. I don't -- Vice Chair Hardemon: Okay. Mr. Rose: -- recall specifics, but -- and the director andl are still working through exactly what needs to happen, but the Little Haiti Marketplace, when it opens, will have the staffing necessary to get the job done. Vice Chair Hardemon: Okay, thank you. City ofMiami Page 63 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Mr. Rose: You're welcome. Chair Gort: Thank you. Anyone else? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you, Mr. Chairman. I would like to start with the transfers out. I see here Melreese Golf Course, $1.7 million. Mr. Rose: Yes, sir. Commissioner Carollo: This $1.7 million is general fund money, correct? Mr. Rose: Yes, sir. Commissioner Carollo: And Melreese Golf Course is a park? Mr. Rose: Yes, sir. Commissioner Carollo: Is it open to the public? Mr. Rose: It is. Commissioner Carollo: If they pay. Mr. Rose: It is, yes. Commissioner Carollo: If they pay? Mr. Rose: If they -- they will pay to play on the golf course, yes. Commissioner Carollo: Okay. And this is for remediation? Mr. Rose: Yes, environmental remediation. Commissioner Carollo: So they have a revenue stream? Daniell Alfonso (City Manager): And redoing the greens. Mr. Rose: Yes, and redoing the greens. Thank you. Commissioner Carollo: What -- can you itemize what part is renewing the greens, what part is remediation? Because this is the first time I hear that it was for also renewing the greens. I was told that it was strictly remediation. Alice Bravo (Deputy City Manager/Chief of Infrastructure): Good morning, Commissioner. Their goal is to redo the greens, and as part of that process, they're triggering the need for the remediation. So we're going to get a breakdown of the numbers. Commissioner Carollo: Yeah -- Ms. Bravo: And they're -- since the golf course will be closed during redoing of the greens, City ofMiami Page 64 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 they're planning to use the labor they have already, manpower, to actually do both the redoing of the green and the remediation work. Commissioner Carollo: I -- understood, but I'd like to see which part is which, and it's still $1.7 million from the general fund, you know, and l just want to make sure everything is, you know, equal, because I know Bayfront Park is going to need a remediation, but you're expecting Bayfront Park to pay for that remediation so the City doesn't have to pay for that remediation, correct? Ms. Bravo: Correct. Commissioner Carollo: So I just want to make sure, and these are two general -- revenue-generating, you know, parks, but one is clearly open to the public; the other one, you have to pay to go inside. So, you know, I just want to make sure that, you know, we start establishing this, because, you know, I'm hearing a lot that normally goes to the City, but, you know, it's the same thing if expenses from the City's coffers go to pay for remediation and stuff like that. So I want to make sure that everything is leveled off and, you know, in a fair playing field, and I'd like to know, what's the breakdown? Chair Gort: I asked for that breakdown, also, butl think it's very important to understand is the park is open to the public. The public are welcome to go there, enjoying the greens, enjoying the air and all that. Now, if they were utilizing and play, people have to pay. Bayfront Park is open to everyone, but when you have a gated function taking place, people have to pay. So it's more or less -- Mr. Alfonso: The other -- Chair Gort: But I agree with you. I think mediation [sic] -- there's funds in there, and all the mediation [sic] that we have been asked by the County to be done, it should be paid and we should be reimbursed. Commissioner Carollo: Right. But we're not sure if it's going to be reimbursed. And right now, we're putting City monies, and it's not just a small amount. This is 1.7 dollars [sic]; this is real money. Mr. Alfonso: Yeah. Commissioners, it's really the -- Commissioner Carollo: So. Mr. Alfonso: DERM (Department of Environmental Resource Management) has issued a letter several years ago that this needed to be remediated whenever the greens were done. We can choose to close the park, or we can operate the golf course, so it's really the decision of the Commission whether we allocate the funds and repair what needs to be repaired, or we don't allocate the funds and we close the golf course. The other point that I wanted to make is that the revenues from the Melreese Golf Course come to the general fund. They pay the expenses of the operations. For a number of years, it was subsidized. In the last couple of years, it has come to be slightly positive. So, really, this is a policy decision of the Commission if we want to continue to have a golf course or do we want to shut it down. Commissioner Carollo: Right, understood, but I just want to make it clear, because it is similar, andl don't know what the 'Positive" is, but we are putting $1.7 million of general fund monies to this remediation. This is the first thatl hear that it's also to do the greens, so that's why I want to know the breakdown, but I know Ms. Bravo came to our last Bayfront Park Management Trust meeting, and it was the expectation that, you know, any remediation from Bayfront Park, the Trust pays for it, which -- you know what? It's a possibility, if it's doable, depending the amount, City ofMiami Page 65 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 and that's why I kept asking, "What's the amount? Where are we in the process?" which, by the way, I still have not received from Southside Park, andl requested that over weeks ago. As far as my knowledge -- andl just spoke to you yesterday or the day before, andl hadn't received it, Mr. Manager. Mr. Alfonso: We sent it again yesterday, Commissioner. I think it's in your Inbox. Commissioner Carollo: Okay, it might be in my Inbox from yesterday, but I requested it a long time; not necessarily yesterday. Mr. Alfonso: I'm being told that we forwarded to you an information that was sent roughly 30 days ago. Commissioner Carollo: Like I said, Mr. Manager, you andl spoke about it on Tuesday, andl mentioned it to you, and you andl both agreed, "Hey, I haven't received it," or "Where is it? And you're going to tell me, "Yes, it was sent to you such and such date." You know, we'll leave it at that. I'll check the Inbox to see what's there, but the bottom line is, you know, there's a notion that Bay -- you know, that certain monies or revenues that come into the park go into the Bayfront Park Management Trust and not necessarily to the City, but here, you have a clear -- (UNINTELLIGIBLE) through your example where -- you know what? Expenses to the City is also real money, because right now, this $1.7 million is going to go to a park where in the other hand, that type of money will not -- or I foresee will not be going into another facility, because Bayfront Park Management Trust will probably be paying for the remediation. So I wanted to make clear of that, andl still want the breakdown. Mr. Rose: I have the breakdown, Commissioner. It's -- I'm sorry, Chair. Chair Gort: When you have the breakdown, talk about the -- also the benefits of the golf course, not only maintaining a lot of the greens in our parks; the amount of revenue that's been produced for the last three years and that that .7 [sic] is going to be paid in "X" amount of time. At the same time, the benefits to the center, the Lucas Center that takes care of all of the disprivileged [sic] individuals that are there right now. So I think it'd be good to put all the benefits together so everybody will get the whole ball game. Thank you. Mr. Rose: Yes, sir. We can return with a larger report. Mr. Alfonso: We can certainly provide all the additional information, Commissioner. Again, the golf course has been positive in revenue just the last couple of years, so we can give you that information. Commissioner Carollo: But going back three years, the first year they lost money. Mr. Alfonso: I believe in 2011, it was a losing proposition. Commissioner Carollo: Right. Mr. Alfonso: But it has turned around. We have built new facilities there. We now have a training center, we have restaurant that's been proved -- I mean, the City has put a lot of resources into that facility. This is something that DERM had directed us to do whenever the greens were done. I think the greens haven't been done in something like eight or nine years -- Mr. Rose: Yes, sir. Mr. Alfonso: -- or longer. City ofMiami Page 66 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Commissioner Carollo: And by the way -- andl want to make it perfectly clear, and especially to Commissioner Gort or Chairman Gort -- I'm not opposed to Melreese Golf Course. I will probably be voting in favor of this, but at the same time, I want a, you know, fair, level playing field, you know? And here, we are going to put $1.7 million of general funds into the remediation of a park that, yes, you will have to pay, for the most part, to be able to play year round. Mr. Alfonso: Commissioner, I believe that in the future, we will be allocating more general funds until we are able to get relief to many parks across the City. Commissioner Carollo: But most likely, you will not be contributing general funds for the remediation of Bayfront Park Management Trust, because it is assumed that Bayfront Park will pay for that remediation. So be it. Andl say that saying "may," an assumption, because we really don't know what is going to be the outcome. Mr. Alfonso: Right. Commissioner Carollo: And as Ms. Bravo knows, in the last meeting, I requested a timeline. We spoke about it, and we will see where we're at. But is it fair to say that at least the City Administration is not foreseeing spending any general fund dollars for the remediation of Bayfront Park? Mr. Alfonso: Well, Commissioner, at this point, we don't have any information that would lead us to believe that that's the case. Commissioner Carollo: Right. Mr. Alfonso: However, I would assume that if it comes back that you have tremendous issues, and it costs six, $7 million -- Commissioner Carollo: Well -- Mr. Alfonso: -- which I hope is not the case, and then it'll become a matter of policy for this body to say, "Look, that's an important facility. We probably should allocate some general fund to that in order to fix it." Commissioner Carollo: Right. But six, $7 million is like -- Mr. Alfonso: No, I'm just throwing that out there as a -- Commissioner Carollo: That's the extreme. Mr. Alfonso: Yeah, yeah; absolutely. Commissioner Carollo: Okay. So I just want to make it perfectly known, also, it's not like I'm opposing Melreese Golf Course, but do want the breakdown. Can we go into Fire? Mr. Rose: Yes, sir. Chair Gort: Yes. Commissioner Carollo: Perfect. Mr. Rose -- andl know we've had discussions about this, with regards to the $2.5 million. Okay. And you know that I'm straightforward. I -- you know, I put it out there. Listen, you want to put an additional two trucks in service, instead of what was done before, which was rotating. City ofMiami Page 67 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Mr. Rose: Right. Commissioner Carollo: But at the same time, I'm hearing that the trucks are in deplorable conditions. I'm hearing that it's a safety issue with the fire trucks, and in all fairness, I want to hear from the Chief or from the Administration to see if they are in deplorable condition. Do we have some type of plan; where are we? And take it from there. Chief Maurice Kemp: Good morning, Commissioners. Commissioner Suarez: Good morning, Chief. Chief Kemp: Maurice Kemp, Fire Chief. Over the last four years, as this City has gone through the recession along with the country and come out of the recession, our trucks and our infrastructure also suffered, but we have been recovering. Over the last four years, we have spent $8.3 million on fire trucks alone. We have a total of 68 fire trucks; 41 of those are what we call ` frontline, " meaning, they're in service; those are the first -out trucks; 27 are spares. Over the last four years, we will have replaced 18 trucks. So out of the 41 frontline, 18 of them will be new over the last four years. First of all, I want to take a moment and thank the Commission and the Mayor for coming up with creative funding sources, despite the recession. Despite the recession, we spent -- we will have spent by the close of this year $8.3 million on fire trucks. So are our trucks where we want them to be? No. Are they safe? Absolutely. All of our trucks are safe. All of our trucks are NFPA (National Fire Protection Association) compliant, and the majority of the frontline trucks are in good shape; and as we continue to receive trucks, the better frontline trucks, the older ones will become good spares. So I am not where I want to be, but I am comfortable andl have a plan. We have a five-year replacement plan. We've always had a plan, but we've fallen behind in that plan for obvious reasons. And it's the same with our fire stations. You know, are they as good as I want them to be? No. Have we made progress? Yes. Over the past three years, we spent over $11 million on fire stations, and we will continue to spend money, as needed, to make our stations comfortable and a safe place to work. Commissioner Suarez: Mr. Chair? Chair Gort: Yes, sir. Commissioner Suarez: Thank you. Thank you, Chief. And thank you for coming to the briefing in my office. And, you know, obviously, your line item was the largest of all the adjustments, so I appreciate you coming and explaining in a detail -- as you always do, as is your custom. I think we were saying -- we were talking earlier about one of our great directors, andl think you're another one of our great directors, so I -- Fire Chief Kemp: Thank you. Commissioner Suarez: -- thank you for always being available. You're always accessible, 24/7. You always keep us informed. You always have a plan. Andl think you're one of the few directors that does get along very well with our labor partners, and that's extremely important. Chief Kemp: We have a great relationship. Commissioner Suarez: Yeah. I think there's two issues that I'm concerned about. One is in terms of our stations, it's a tale of the haves and the have nots, you know. If you're in a new station, you're -- you know, you're -- you have state-of-the-art accommodations, andl think we have one in District 4 and we're trying to get another one in District 4. So I feel for the firefighters that don't have those accommodations. I know in the case of one of the ones in my district, they're operating out of a temporary trailer for their 11 th or 12th year, so you know, I City ofMiami Page 68 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 feel it's my duty to get that going, and you and) have been working on that, and) thank your staff for their help. As for the trucks that Commissioner Carollo was talking about and your plan, you know, I've seen some of the trucks. I mean, they're in extremely bad and extremely deteriorating condition. And, you know, the fear that) have, the concern that) have is -- God forbid -- when we're talking about Ultra; we talk about a variety of different things today -- that someone's being transported to the hospital and a truck breaks down -- and) know that you have contingency plans if something like that happens as well, 'cause you guys are always one step ahead of the game, from my perspective. But I don't think that's something that we should want to see happen in a fire department that) think everyone here believes is one of the best in the country in terms of the men that we have, in terms of the culture that we have, in terms of you know, the pride with which they do their work. You know, they should have the facilities and the equipment concomitant with that pride, with that work ethic, with that professionalism. And so I -- you know, I would love to hear what my colleagues have to say. I'm willing to dig deep on this issue because this is -- you know, I think you guys have been holding off and you're very humble in your approach, Chief because I think you are forceful when you have to be, but you're also -- you know, you kind of will take what you can live with, you know. I think you've had to do that. So in terms of the allocation, you've convinced me that it's necessary to put these trucks back in service, but) don't think that means that we can't do something for capital and try to bring some of these -- you know, try to speed up the process of renewing our fleet. I have some ideas that I can't talk about right now, but I think -- I mean, we have $75 million in reserve. If the year ends the way it's supposed to, we should be at about 86. These are the kinds of things that we really need to look at from a reserve perspective because that's what the reserve is for. Now, I understand that we're below the threshold that we need to be from a reserve level, so that's -- you have to weigh everything. But this is a critical need, in my opinion, and it's to a critical service; a critical need to a critical service from a capital perspective. Afire station is important and having the creature comforts that the new stations have are important because that's quality of life issue for our employees, but, you know, the -- when someone's operating a fire truck and they're blasting the AC (Air Conditioner) to get it to the back of the fire truck because the AC's not working, you know, that's also a safety issue, that's also quality of life issue, that's also an issue for our residents who are in the truck. So, you know, I'm willing to dig deep. I don't know how my colleagues feel. Not to take away anything from your plan, because I think your plan is well thought out, it's well documented. It's not more than what it needs to be. I understand that there's some concerns about perception with reference to overtime pay and how that could lead to perception, and) think that's -- it's on all of us to make sure that we protect our employees in terms of perception -related arguments that people will make in the future. But I think it's an issue we should dig deep. I don't know how my colleagues feel. I'm willing to dig deep. I'm sympathetic to the Commissioners' arguments on this capital need, which is a dire capital need, and we do have a significant amount of funding. Having said that, I know our Police Department has issues relative to its capital needs, and I'm not -- you know, I understand that as well. I don't think you can take one without the other. But we did do some capital -related stuff just today, you know, in terms of getting replacement batteries for Tasers, which is a small expenditure, but, you know, we have to continue to do things to make sure that both our public safety departments have the best equipment possible for them to do their job. So thank you, Chief. Chief Kemp: Commissioner, can I -- Chair Gort: Let me -- Chief Kemp: Can I -- I'm sorry. Obviously, I defer to the Commission. Chair Gort: Let me tell you something) did. I looked into CDBG (Community Development Block Grant) funds with one of the stations and they qualf for CDBG funds, and we were able to allocate funds from CDBG to fix fire station number 5 and try to help -- and) think that we got to come up with ideas and see how we can best utilize all the funds. I've also asked about the City ofMiami Page 69 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 grants, that they receive the UC-WOO-C [sic] UASI (Urban Areas Security Initiative) and all those grants. Commissioner Suarez: UC-WOO-C. Chair Gort: See what we can do with it, how can we better use, even improve it even more? So I think we need to do that, but -- yes, and then I'll let you -- sorry. Vice Chairman. Vice Chair Hardemon: Well, I know if there was a response that you had, particularly to something, then I would like to -- Commissioner Carollo: Okay. I just wanted to piggyback on what Commissioner Gort said. Special revenue fund, I think there's about five million -- I'm going on memory -- that was either carried over or so forth. Can't that money be used for fire trucks? Is there restrictions? Andl'm going on memory. No? I need to look it up, but I thought there was -- Chair Gort: There's a difference. Christopher Rose (Director, Office of Management & Budget): Yeah. Chief Kemp: With number 10. Mr. Rose: Chief and work well together, hey. Commissioner Suarez: That's awesome. Mr. Rose: I'll have to look into the special revenue. I don't recall any that can be used -- or set aside for trucks. I will say as -- Commissioner Carollo: But -- set aside, but can it be used for trucks? Because you do have some carryover. Mr. Rose: I'll have to look at it. Most of their special revenue is grant funds, UASI (Urban Areas Security Initiative) in particular, and those are all programmed out, so I don't believe so, Commissioner. I'll look at it again. Commissioner Carollo: Andl'm going on memory, so -- Mr. Rose: And -- Commissioner Carollo: -- I couldn't tell you specifically. Mr. Rose: -- I will say, as we look at some of the bond money movements that we've discussed in prior Commissions, we're also looking at fire facilities and fire trucks in that context as well. Chair Gort: Revenue, at one time, from utilizing UASI funds, we did bought some trucks from another municipality. Mr. Rose: Yes, sir. Chair Gort: So I -- go ahead, Chief. Chief Kemp: We have utilized UASI funding in areas that were applicable to buy apparatus, terrorism response -type apparatus, so we have utilized grants to a great extent in our department, and as I said earlier, not only for trucks, but as you mentioned, for station 5 and City ofMiami Page70 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 other facilities. The Commission has been very creative in helping us to do that. IfI could, I would like to put one thing on the record. I want to reiterate that our fire trucks are very safe. Our fire mechanics are -- they have various certifications specifically to work on emergency response vehicles; and for 41 frontline trucks, we have 27 spare apparatus. Trucks break. We run them very hard, especially our rescues. They break. They age quickly. You know, a year of a Miami rescue truck is like a dog year, and we realize that. And we have four trucks that haven't been delivered yet, new trucks, and we plan to order four more before this year is over, so we will constantly buy trucks, and over time we will get to where we want to be. We're not there yet, but we are safe. Commissioner Suarez: No, andl -- Chair Gort: Thank you, Chief. Commissioner Suarez: Go ahead. Chair Gort: Wait a minute. Yes, sir. Vice Chair Hardemon: And I assume as a dog year, you're talking about a Greyhound, not a Chihuahua. You know, when it comes to creative financing for things of this nature, I somewhat cringe about it because our CDBG dollars are so important to our communities and we have so great of a need, although we have used those types of dollars to help the firefighters in other ways. We have to keep in mind, I think we all understand that, that the majority of our budget is about public safety, andl think each one of us probably would not be where we are today if we did not believe in public safety. But as a matter of fact, our budget is created in such a fashion where you can clearly see that the vast majority of dollars allocated are for public safety functions, and of course, the fire firefighters are one of those functions. Now, from what I understand, the fire -- andl, too, thank you for meeting with me, butt have not had an opportunity to follow up with you from our meeting. But as I understand it, there is somewhat of an issue as far as when we talk about bringing the rescue stations 2 and 8 and then the fire boat back into operation, but probably more particularly the rescue stations 2 and 8, that we have a lack of manpower to really and truly on a -- not on a overtime basis, but on a typical manpower basis to actually run those stations. And so from what I'm understanding, what's happening is we're spending a lot more money in overtime, which, of course, is what we're allocating money to now because we have to now mandate that men work additional hours to provide the services that we would need, and so thus, if we add these next two rescue stations, it will put a further strain on the human resources that you have. And so I mention that because there are capital needs and we need to be able to address those capital needs. And we clearly understand what you're saying, that you have good fire trucks, but we want you to have better fire trucks. Because from -- I hear this myth that once before a fire truck broke down in front of a Commissioner's office --I mean, a Commissioner's home, andl don't know if this is true or not, butt still laugh at it today, but it's certainly a good way to prove the point that we could do better, and so I want to be able to help this -- your department do better. So the question is, how do we go about doing that? Do we take some of the money that we're using for overtime and put it towards capital? Or do we dig a little deeper the way that my brethren Suarez expressed it and look at maybe some reserve funds to help with that? Andl think it could be one or the other or it could be a mixture of both, but either one of them I'm willing to entertain. Commissioner Suarez: Yeah, andl think the Manager would like to speak on that issue. Mr. Alfonso: I would. May I, Mr. Chair? Chair Gort: Yes, sir. Mr. Alfonso: Right now we are roughly halfway through the year, and we are projecting a City ofMiami Page71 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 surplus of $11 million. We have concerns about what may happen in some of our parks. We have concerns about labor negotiations which are about to start. Do we agree that there's more capital needs in the City? Absolutely. As we get closer to the end of the year, we can make decisions to allocate monies for capital out of our projected surplus as we get closer to the end of year, like we've done in prior years, but we wanted to make certain allocations -- I believe last year we did the payroll issue, and then on top of that, we did capital for the elevators at the MRC (Miami Riverside Center) and we did some building -related issues. So if we get to the end of the year and the City is 11, 12, 9, whenever number of millions of dollars in surplus, hopefully, if we don't have any kind of emergency that causes us to lose that reserve, then we can bring an end -of -year item to this Commission in September and say, "Look, we have 'X' number of dollars. We can allocate some to fund balance to get us closer to the reserve requirement that we have in our ordinance and we can also try to address some of the capital needs that we have," and that would be my recommendation. Chair Gort: Okay. Yes, sir. Chief Kemp: The Commissioner is correct when he says that when we put these trucks in service are on overtime. But if you would allow me, I'd like to spend about two minutes and tell you how we got to where we are now. Four years ago the Fire Department in a line item for staffing overtime, that line item was $6.5 million. As the City and the country went into a recession, we worked with the Administration and with the union, and we greed that we would reduce it to 1.5 million and then the year after that to zero. So we went from 6.5 to 0 for staffing overtime. The 6.5 was with all units in service. The zero was taking three units out of service. I raided all of my offices and got abled-bodied firefighters and put them back on the fire truck so that we could have a level of service that was a dire straits level of service, but it was what we needed to do at the time. So when we prepare for this year's budget in my meetings with the City Manager and the then CFO (Chief Financial Officer), who is now the City Manager, my recommendation was that we put all units back in service and get us back to what consider to be a minimum acceptable level of service. So as of October 1, we put all of our units back in service. I did not get full funding for that, but the understanding was I would do it; I would try to absorb it to the greatest extent possible, and if need be, we'd make adjustments mid -year. Well, I did everything within my power as the Fire Chief to keep our overtime down. We, starting September 1, went into a strategy mode of policing our time of use, and we have reduced our I -time usage by 31 to 41 percent compared year to year for the first 7 -- 6 months of the year to the 3 previous years the first 6 months of the year. That equates to well over $600, 000 less in overtime simply by encouraging, persuading; and when necessary, disciplining our members who abuse I -time. So this is where we are. And I'm telling you, andl can tell you this with conviction, that it is my opinion -- as the gentleman who is charged with giving you my opinion on fire service -- this is where we need to be. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Thank you. Yes, sir. Vice Chair Hardemon: So my question to you then -- because your statement that you put everything back to full service, that would mean that rescue stations 2, 8, and the fire boat are operational today? Chief Kemp: Twenty-four/seven. Vice Chair Hardemon: And so then that means that this funding that we have allocated today would not only give you the funding that -- I don't want to use the term "reimburse," but it would definitely give you the financial -- some of the -- 'cause it used to be 6.5 million, so you'll at least have 2.5 million for helping to provide those services for that -- those fire stations and that fire boat? City ofMiami Page72 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Chief Kemp: Yes, sir. This allocation, the 2.5 million, will allow me to keep all units in service for rest of the year. That includes 2, 8, and the fire boat. Vice Chair Hardemon: So that means that for what you've already done -- Chief Kemp: Yes, sir. Vice Chair Hardemon: -- and what you plan to do, this 2.5 million would at least suffice in doing that? Chief Kemp: For the rest of the year, I can stay as I am now, which is fully staffed, all units, all the time. Vice Chair Hardemon: However, my question then to you will be how does that affect the --? Because I understand what you're saying, and you've explained to me how serious you are about abuse of overtime and time off and things of that nature. So, more particularly, does this allocation address our concerns as far as some sworn officers being mandated to do overtime to cover rescue stations 2, 8, and fire boat 1 ? Chief Kemp: Typically, we don't have to force people to do overtime. Typically, overtime is coveted. Recently, with Ultra, Calle Ocho, and the fact that we're giving three promotional exams very shortly and the members want to lock up and study, recently, we've had to order people to work overtime not at the fire stations, but at these special events, particularly. And when necessary, we have always ordered people to provide the service. But typically, they fight over overtime. So the answer to your question is it is possible that we may order somebody to work at those stations 'cause they're going to be in service, but that is typically not what happens. Chair Gort: Okay. Yes, sir, you're recognized. Robert Suarez: Bobby Suarez, Miami Association of Firefighters. Commissioners, in regards to the safety and the comfort level of the condition of the vehicles, I can tell you without a doubt that I'm not comfortable. Our firefighter paramedics in the street are not comfortable with the condition and the safety of our vehicles. Are they better in some locations than they were a few years ago? We have, with your help, purchased vehicles. Some of the money the Chief was describing, a lot of that money goes to certain types of apparatus, not the ones I'm particularly concerned about, our very busy paramedic units. We cannot use bond dollars for our paramedic units. We can rarely ever use much UASI dollars for paramedic units. You have all helped us a lot with CDBG funding for those paramedic units, but those are the ones that are running their butts off in the City. We're running with trucks that are 12, 13, 14 years old that are supposed to be backup vehicles, but because our fleet overall is not in great condition, those backup vehicles spend a lot of time on the frontline, a lot of time on the frontline, a lot more time than they should be on the frontline. I'm not against increasing the services to the citizens. My concern is the appropriation you're making only gives us the money for the people; it doesn't give us the money for the vehicles. So we're taking more of those backline units and on the street more often. My concern is that we're not providing the capital to accompany that, and it is absolutely a safety issue. We've had vehicles -- drive shafts come off a vehicle while it's driving on an emergency, running through an intersection with no drive shaft, not being able to stop; brakes failing while driving down the street. It's not because our mechanics are not good. It's because we were -- we've strained the fleet. We've strained it. And we're -- I don't believe we're asking for as much capital as we need to safely and effectively operate. In regards to overtime, because of illness, we spend a lot of time of our units being out of service not just because of overtime, but because of the trucks being repaired. I have firefighters that come to me and say, My truck's in bad shape. "I would take it to the Fire garage to get repaired. But since we're so short on vehicles to City ofMiami Page73 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 rotate through, the truck they're going to give me when I turn in mine is going to be in worse condition than the one I'm already driving." So they drive around with trucks in very rough condition. And from our perspective on the street, it is a safety issue for our members, for the patients we caring, for the taxpayers, the citizens we carry in our vehicles. We want to keep these units in service, but we have to have the capital to support it, and that don't believe is part of this plan. I don't believe it's been aggressively part of the plan for the past few years. Rightfully so, we've had some budget difficulty in the City, but we -- the CDBG dollars, the UASI, the bond is not enough to sustain our fleet. Commissioner Suarez: Mr. Chair. Chair Gort: Thank you. Yes, sir. Commissioner Suarez: Thank you, Mr. Chair. I think we're talking past each other a little bit, because I don't think that anyone disagrees with the Chiefs request, from what I'm seeing, from -- for his allocation. Andl don't think there's anyone that disagrees that we need to put those units back in service, andl think it's well thought out. My issue is -- I don't disagree with Robert's point either, which is that we need -- andl don't think you do either, Chief to be honest with you. I think we need those trucks ASAP (As Soon As Possible), and we know that there's a lag between when we order the trucks and when they arrive. So if we have a sense -- and this happens to us, by the way, in the capital improvement context -- capital improvement process backwards. We end up doing a beautiful traffic circle, you know what I mean; we don't irrigate it, and we don't have an operational plan for it. This is the opposite. We have -- we're putting these trucks back in service so we have the operation coming, but we need to make sure that the trucks that we have are -- you know, the capital that we have is sufficient for not only these employees but the other ones that we have. I'm willing to do it now. I really am. We can wait till the end of the year. I don't have a problem with that, per se. It just drags things out a little longer. And we don't maybe have to do the full allocation today in terms of -- you know, we can order four trucks now and then we can order -- look at whether we can order another four trucks, you know, at the end of the year, whether we have the funds to do that. But four trucks is a million dollars in additional allocation, and we would order it now and we would get it when we get it, you know, and then we can do another four -- we can look at whether we can do another four trucks at the end of the year. But our reserves are, in part, to make sure that we have the money in case there's breakdowns to our capital. I mean, that's the same thing that you do in a household. You know, you put money aside for the day you have to replace a roof. You know, you put money aside for the unforeseen capital breakdown; you know, your pipe burst all of a sudden and you need to get a contractor in there right away to make sure that he shores up the pipe and all that stuff. So I don't think we're talking -- I don't think we're saying something inconsistent with each other, Chief. I support you a hundred percent on your allocation. I think it's well thought out. I think your succession plan is well thought out, you know, andl think the department's running well. That doesn't mean I disagree with the arguments that have -- presented by Robert. Andl think we have the ability to do it now. I think we should do at least half of it now and then we can look at doing half of it later. I don't -- I know, Mr. Manager, it's -- I hear you, I hear you, I hear you. Andl think we've all been prudent. And we -- we're seeing things -- By the way, the 11 th month of two budget years, we were at an eight and a half percent surplus, and we ended up at a forty percent surplus, yes. So let's not rehash that argument. But the point being that, you know, I think you've been very good at hitting your targets, andl don't think you would -- and the Budget director wouldn't be here before us if he didn't think his numbers were good. Having said that, we don't have to do the full eight units, but think, if we do four now, we get that process started, and then we can look at the end of the year about whether or not we can do four. There may be other circumstances that allow for capital expenditures from funds that we are not envisioning at this particular moment. Chief Kemp: Commissioner. City ofMiami Page74 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Mr. Alfonso: I'm sorry. Mr. Chair. Chair Gort: Yes, sir. Commissioner Carollo: No. I think Danny, then, ifI may? Mr. Alfonso: My only comment would be, Commissioners, the Chief of the Fire Department has a process and a plan for how he recommends that we do fleet; and if we give him the time, I believe he will tell us what that recommendation is, and if it's the will of this Commission at that time to place funds and allocate them for that equipment, then let's do it. But I don't know that we should sit here without the analysis of the fleet, and maybe there's something else that is more important to the Chief. And then aside from that, like I said, if we get more comfort towards the end of the year where we know we haven't had emergencies, we've -- our parks commitment for cleanups from the County, et cetera, is materializing, then we can make decisions with more information. Our rating agencies look at us also to see what kind of discipline we have to stay within our budgets and to allocate funds and make sure that we meet the compliance within our own resolutions and ordinances. So I would like for us to have a process by which we're allowed to come back to the Commission and make a recommendation; if you want to use some of the funds that we have that is thought out rather than just somebody coming up with an idea right here at this time and allocating funds. Commissioner Carollo: Mr. Chairman. Chair Gort: Thankyou. Commissioner Carollo: Thankyou, Mr. Chairman. Look, as most of you know, especially with the reserves, I'm pretty conservative, but if there's one issue that is of utmost important, [sic] it's public safety. Now, with that said, I'd like to get into the numbers a little bit more, Chief, if you don't mind You said we have 41 frontline fleet. From those 41, 18 of them are new trucks, correct? Chief Kemp: No, sir. What I said was of the 41, by the end of this year, 18 would be -- we have purchased 18 trucks; some are already in, some will be in in the next few months, and the others will be ordered no later than May. Commissioner Carollo: So what you're saying is the additional four now and four at the end of the year was included in that 18? Chief Kemp: Yes, sir. Commissioner Carollo: Okay. So -- Chief Kemp: So that includes four that have not been ordered as of yet. Commissioner Carollo: So -- Chief Kemp: But the funding has been identified Commissioner Carollo: Okay. Out of those 23 trucks -- and what I'm doing is the 41 minus the 18 -- of the remainder 23 trucks, how many are 12 years, 13 years, and 14 years old? Chief Kemp: Where our biggest need is when it comes to apparatus is in the spare rescue fleet. Of the spare rescue fleet, seven of them are 1999s, and that is older than we'd like for them to be, but I need to -- Commissioner Carollo: But those are the spares? City ofMiami Page75 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Chief Kemp: Those are spares. Commissioner Carollo: The frontline -- and you have 27 spares. So you're saying out of 27, you have 20 that are still in good shape? Or -- I don't want to say "good shape" -- that are how old? I mean -- Chair Gort: (UNINTELLIGIBLE). Mr. Alfonso: IfI understood the question, Chief I think he's asking of your frontline units, of the 41 frontline units, are there 12-, 13-, 14-year-old units in the frontline? Not in the spare fleet; in the frontline. Chief Kemp: The answer would be yes, there are some. We have a 2001, a 2003, which is a little less than that; and then the pumpers, we even have some that are older than that, frontline. But, you know, when you look at a $500, 000 capital purchase, you know, you're going to use it for as long as it's service -ready. Commissioner Carollo: What's -- and I'm sorry -- the normal life of that truck? Chief Kemp: The normal life of a pumper, our plan is -- Commissioner Carollo: And -- Chief Kemp: -- ideally -- Commissioner Carollo: And I'm not sure what a pumper is. I'm more concerned -- Mr. Alfonso: Chief? Commissioner Carollo: -- about the rescue trucks. Mr. Alfonso: Again, I want to clam. Chief he's more concerned about the rescue units -- Commissioner Carollo: Right. Mr. Alfonso: -- not the pumpers. Chair Gort: Rescue. Chief Kemp: Rescue. Mr. Alfonso: How many frontline rescues are of that age? Not the pumpers, not the engines. Commissioner Carollo: Right, 'cause it was my understanding that it was -- the 41 were rescue trucks. Commissioner Sarnoff. No. Commissioner Carollo: Forty-one frontline. No. Commissioner Sarnoff. No, and that's -- now -- Commissioner Carollo: No. City ofMiami Page76 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Commissioner Sarnoff. This is where we need to start. Commissioner Carollo: Well -- Commissioner Sarnoff. Right. Analysis is how many rescue trucks -- Commissioner Carollo: Right. Commissioner Sarnoff. -- do we have? Commissioner Carollo: That's where I'm starting. That's -- Commissioner Sarnoff. Right. Commissioner Carollo: -- where -- Commissioner Sarnoff. You're right. Chief Kemp: We have 38 rescue trucks. Commissioner Carollo: Thirty-eight rescue trucks. Chief Kemp: Twenty-four of the rescue trucks are frontline trucks. Every day, 24 hours a day, 7 days a week they're in service. Twenty-four are frontline trucks. Of the frontline apparatus, we have an '03, an '02; those are the oldest of the frontline trucks. And then we move on up from there; we have an '07 -- Commissioner Carollo: Eight, nine, ten, eleven. Commissioner Suarez: Eleven Commissioner Carollo: Okay. Chief Kemp: We have several '07s of the frontline trucks. And then when you get to the spare fleet, that is where we need the most assistance. If you would allow me to correct something that the lieutenant said, Lieutenant Suarez, who I have a very good working relationship with, tremendous respect for him and his union, but he said our -- some of our trucks are not safe. I cannot allow that to stand. He mentioned a brake failure. Yes, we had a brake failure on Rescue 12 while responding down 12th Avenue. The drive shaft fell out. But the drive shaft fell out because the truck went over a curb and damaged the drive shaft, ripped it off and it took off the brake line. So that is a catastrophic failure. We are fortunate nobody got hurt, but that's not because the truck was inherently unsafe. So our trucks, some of them are old, as you just illustrated -- Commissioner Carollo: Got you. Chief Kemp: -- some of them are well worn, but they are safe. Commissioner Carollo: Okay. We're down to the frontline trucks --frontline rescue trucks. Chief Kemp: Yes, sir. Commissioner Carollo: Let's go into the spare rescue trucks. Out of the remainder 14, how many of them are 12 years, 13 years, 14 years old? City ofMiami Page77 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Chief Kemp: Seven are 1999. Commissioner Carollo: Seven of them are 1999. Chief Kemp: We have one 2001; two -- no, I'm sorry. Two 2001s, three 2002s, one 2003, and 2007 is not old, so that -- those are the old ones. And we're waiting delivery on three rescues, which, of course, will bump the '99s out of the fleet, and so we will get better and -- Commissioner Carollo: So out of those 14, you will -- you're expecting to receive 3 more within this year? Chief Kemp: Within a couple of months. Commissioner Carollo: Okay, so -- okay. Chief Kemp: And it takes about six months, so the Commissioner's right; there is a lag time. It takes about six months to build a fire truck. Commissioner Carollo: Got you. Chair Gort: Excuse me, rescue or fire truck? Commissioner Carollo: No, rescue. Chair Gort: Rescue. Chief Kemp: They're all fire trucks. All of the trucks that -- Commissioner Carollo: Right. Chief Kemp: No, I'm not being facetious. I'm telling you -- Chair Gort: Look -- Chief Kemp: -- they're all different -- Chair Gort: -- Chief -- Chief Kemp: -- type -- when I say 'fire truck," I mean Rescue Quint; when I say pumper, that's an engine or an aerial. They're all -- in my profession, they're all fire trucks. Chair Gort: -- I understand, but a lot of us in here and the public listen here do not understand the difference between what you're mention, so -- Chief Kemp: Your point is well taken, sir. Chair Gort: -- think there's rescue and there's the others. Chief Kemp: It takes about six months to build a rescue or a suppression unit. Chair Gort: Thank you. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. City ofMiami Page78 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Vice Chair Hardemon: So then for every new purchase that we make, we will then decrease the number of spares. Well, the rest -- the frontline -- some of the frontline can become spares, so then -- Chief Kemp: That's correct. Vice Chair Hardemon: -- we have better spares. Chief Kemp: Yes, sir. Vice Chair Hardemon: So as you describe, we have seven 1999s. Nineteen Ninety -Nine is quite a bit of time ago when you're considering that it is not a vehicle that someone is using for just their typical everyday purposes. Chief Kemp: Yes. Vice Chair Hardemon: As it was described, you said that "we run them hard." So when you have a vehicle that is a commercial vehicle like a fire truck that is running, that -- in that fashion and is that old and we have that many of them, seven gets reduced to four if you're bringing in an additional three. And one thing that you said that struck me earlier was that we have fallen behind with the plan. And take you to be a man of great reason, and when you introduce a budget amendment to us, you've taken into consideration what you can get. You can ask us for all that you like. You can ask us for the world, but there's only but so much that we can give you, so you're more reasonable in your ask from us. What I'm -- what captures me, though, is that by -- say the allocation may be from a reserve. If we get three or four trucks, we could eliminate is 1999s and have some of the rescue trucks that are on the frontline get moved down to your spares so we have newer frontlines. Well -- and that, in and of itself, is a goal that I'm willing to try to meet. Why? Because we have to remember what these trucks do. I think that when we talk about public safety, public safety is a great umbrella for a number of different things, but there's nothing other than this that I can really think of that really and truly affects life or death for someone who suffers from an ailment, and we have to have reliable trucks to actually transport them from "A" to "B" and have trucks that actually have the apparati [sic] and to have everything that's necessary to make sure that we preserve their life until they get to a nearby hospital. So if we're talking about increasing the efficiency of the frontline units and then also making the spares better, I think that that's a worthy cause to give money towards for that type of endeavor, and especially if we have the money to -- I don't want to put it that way. I want to say if we have the money to do it. But I see an elimination of seven 1999s by use of your previously purchased trucks and maybe if we purchase a few more, andl think that's -- I'm willing to move forward with that. Commissioner Carollo: I'm looking from just quick analysis of asking you the numbers here on the dais. I would like to eliminate that '03 and '02 from your frontline, so that means the majority of your frontline -- or all of your frontline will be relatively new, because I think they're the ones that are ran the hardest; and if one goes into the shop, then you deal with the spares. And out of those 1999, you have seven; you're receiving three new ones, so that'll be four, so realistically, year three will go to your frontline and that '03 and '02 will go now to your spares, correct? Chief Kemp: That's correct. Commissioner Carollo: So, again, it's somewhat tough on me, because, you know, I believe that we should, you know, monitor our reserves to make sure that we hit our mark and maybe closer to the end of year, but at the same time, if I'm going to, you know, go into reserve on one thing, it'll be public safety. It'll definitely be -- you know, especially in the whole City ofMiami. You City ofMiami Page79 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 know, there's a lot of elderlies living in the City ofMiami, and when they call fire -rescue, in all fairness, I believe in a lot, and you know, how much time it takes for a fire truck to get to that person. So, you know, I'm willing to entertain, and discuss it further and see if we could come to some conclusion, but at the same time, listen, I think our Manager's pretty adamant, so I want to make sure that our Manager, we don't take the rug out of -- out from his -- you know, from below his feet, come negotiation. So, you know, Mr. Manager, do you feel that we could use some of the reserves? But what's your position? I mean -- and again, because -- andl ask you -- andl understand -- listen, I very well understand. I very well understand what our functions is and what our positions are, but at the same time, I think we should all work here as a team. So I -- you know, that's why I value everyone's opinion. And again, I want to hear from the Manager also. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes, sir. Commissioner Suarez: You know, I think everyone here has a perspective, andl don't think, from what I hear, it doesn't seem like anyone's perspective is wrong. It's just a different way of looking at things. You know, the Manager's perspective is to, you know, make sure that we have reserves and that we keep climbing. Everyone has their perspective on this issue. I think the way that you analyzed it was the right way to analyze it, is to kind of get -- as is your custom to get into the nitty-gritty and say, "Okay, let's look at the years of the trucks and see which ones really need to be replaced rather than just say four or eight or whatever, " you know, just kind of a -- throw out a number. You know, again, butl think it's on us to sift through, you know, all the information, the Chief the Manager, you know, our labor union representative, and ultimately be the good stewards that we've been. I don't think we've ever done anything ever irresponsible in terms of finances, certainly, and that's why we went from 13 to 85, hopefully, by the end of this year, or 84 or whatever we end up at, you know. So I think -- from my perspective, I think, based on your analysis in terms of the specificity of your analysis, I'm willing to make the allocation right now, because -- again, even the allocation that we made last year for the one-time pay, you know, that was done with due consideration; we still reserved a tremendous amount of money that year, which helped us get closer to the issue, and we have to make these issues not in a vacuum but as things occur, andl think I'm willing to do it now. I don't think there's a huge risk if we do it based on your analysis and the way you've identified the older trucks that need to be replaced first, and in that way, we get beyond this issue and then we can look -- we can do a second look at the end of the year and see if there's anything else that's needed. There may be other revenue sources which we may be able to tap into between now and then, as well, that are not just strictly budgetary in nature. Chair Gort: Okay. Yes, sir. Mr. Suarez: Commissioners, I just want to make something clear. I know it's not that the Fire Chief is trying to mischaracterize this, but I don't want you to misinterpret it. When we say we have a spare vehicle, that doesn't mean that the truck is sitting on the sidelines just in case. I'm telling you, those trucks are on the street every day running emergencies. Nineteen Ninety -Nine, Two Thousand, and Two Thousand One trucks are -- I'm not just concerned that they're sitting in a warehouse, that one day we might have to use them; we're using them all the time. It's real. I'm not coming to you telling you there's a concern that we might have to use a truck like this because we don't have a newer spare. We're using them all the time. And they're not delivering bread; they're delivering people that are dying to the hospital or responding to their house. So I'm not telling -- I'm not trying to scare you about something that could happen; it's happening right now. Chair Gort: Thank you. Yes, sir. Mr. Manager. City ofMiami Page 80 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Mr. Alfonso: Okay. Again, we know we have a number of capital needs in the City ofMiami. The mid -year budget process is something that we've been working on for the last month and a half, two months, identfing where those needs are that we need to make adjustments to. And we've had meetings with our elected officials. Those -- that information has been shared with -- as widely a group as possible, and it's a well thought out process. The Chief has a process for selecting what equipment he believes needs to be replaced. We also have a number of police cars that need to be replaced. We have a number of GSA (General Services Administration) cars that -- we have 1990-something Dodge Neons running around the City ofMiami with decals that are practically faded off the side of the vehicles. So we definitely have a lot of need in the City of Miami. My only concern is, yes, we want to do this. I will follow the direction of this Commission. My recommendation is that we go through a process of reviewing what is needed and then bring something to the Commission and say, "Commissioners, here's the highest needs. If you want to allocate the money to Fire vehicles, let's do so; police cars, let's do so; GSA fleet, buildings, parks, et cetera, we can do that." But instead of having something that comes up, because some folks are lobbying in the last four or five days for a specific item, let's have something that is well thought out. Commissioner Suarez: Can I --? Chair Gort: Okay. Yes, sir. Commissioner Suarez: Look, I'm a lawyer. Everything is about the way -- the way I look at it is you're all lobbying. You're lobbying for your way, he's lobbying for his way, and he's lobbying for his way, okay? So you may have lost other lobbying five days ago and they may have started lobbying three days ago, but you're both lobbying, and the Chief is lobbying as well, because you believe in the validity of your position. Our job is to listen to everyone's position and then make what we think is the best decision for the people that we represent. I don't think we're saying anything that's inconsistent with each other. Sometimes I feel like we dig into our position so strong that we stop listening to each other. I'm not saying you. I'm just saying. I think the Commissioner just got into the nitty-gritty on the specifics of what are the most aging trucks. If we have the ability, responsibly -- andl think we're doing it in a responsibly -- fiscally responsible manner -- to replace some of those, why don't we -- why wait for six months from now, you know? We can still do six -- an analysis six months from now and say, `Do we need more or are we not any longer in a critical situation where we have 15 year -old trucks?" Whether they're, you know, frontline or on reserve or whatever the case may be. A 15year-old truck is an old car. I mean, I have a -- I think it's a three-year lease on my car, so -- and by the time the third year is over, my car is, you know -- you should see my wife's car after a three-year lease. I mean, that's something -- that's a site for -- you should see my wife's car after six months. Vice Chair Hardemon: You shouldn't have said that. Chair Gort: Or you should see mine after ten; they look beautiful. Yes, sir. Vice Chair Hardemon: Now, I still want to bring attention to one thing that the Chief mentioned about his plan. I know the Manager refers to the plan that the Chief has to replace these vehicles, but -- andl want to be clear. You said that we have fallen behind with that plan; is that correct? Chief Kemp: That is correct. The -- my position is if you're asking me if our capital needs have risen to the point where I would not keep my units in service and buy fire trucks -- Commissioner Suarez: Right. Chief Kemp: -- I would tell you no. City ofMiami Page 81 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Commissioner Suarez: Right. Chief Kemp: If you ask me if I need fire trucks, I would say yes; we've fallen behind. If you ask me if my trucks are safe, I would say definitely yes. I don't know ifI answered your question, but the answer is, yes, we have fallen behind. Chair Gort: Commissioner Sarnoff. Commissioner Sarnoff. Thank you, Mr. Chair. I just want to say to Commissioner Suarez, he had me at "concomitant." Commissioner Suarez: Concomitant. Commissioner Sarnoff. (UNINTET,TIGIBT,F). Commissioner Suarez: You put the wrong and fastest on the wrong syllable. Commissioner Sarnoff. Say again. Commissioner Suarez: Concomitant. Commissioner Sarnoff. Concomitant, I like that. That's the second time you used it up here, by the way. I counted each time. My mother told me that there is probably three sides to every story: There's your side, Chief there's union side, and then there's probably the truth. And somewhere in between that exist. That is not any slight on you or even the Chief of Police, 'cause I think you guys are soldiers. And l think, as soldiers, you go out and you do with what is given to you resource and available wise and you do the best you can with that. You know, remind me of General Schwarzkopf when he was told, you know, to go into the Gulf War, and he said, "You're going to have a limited number of men." I'm sure that changed the way he was going to fight the battles. When they took the Beaches of Normandy, they were told they were going to have an unlimited number of men, andl'm sure that's the way that they dealt with that battle. So, you know, from my perspective here, I'm probably going to like side a little bit with -- on the err of there's something in between what you're saying and something in between what the union folks are saying. So it's always been a concern of mine that our fleet is extremely old, andl'm really talking about rescue, which is what you do 85, 95 percent of the time. And I'm okay with ordering an additional four units. It's a million dollars, andl think that's something that -- You know, I may not be -- I may not -- I kind of see things a little bit like Suarez, which is, you know, if I have a house and I'm saving for a roof and my roof starts leaking two years before my savings is done, do I just keep telling me wife, "Put a bucket out, put a bucket out, put a bucket out?" Or do I just turn around and say, "Let's change the roof now?" So, you know, I have the utmost respect for you, I really do. You are absolutely one of the most responsive persons I've ever met in the City ofMiami, but think you're a soldier andl think you're soldiering, andl would say the same thing to the Chief of Police. I think he's a soldier and I think he goes out soldiering. Both of you are paramilitary organizations. When the Manager gives you an instruction, I think you tend to follow it. That's not any slight on Mr. Alfonso by any stretch of the imagination. But his perspective is always going to be from a Finance director. And l find that we've allowed the roof to leak for a long time, andl'm going to be okay with an additional four trucks, because I think it makes us a slightly better rescue department. Chair Gort: Okay. The -- may I speak now? Commissioner Sarnoff. I thought I was pretty efficient today here today. Chair Gort: No. Since I'm the Chairman, I'm always the last one. But let me tell you something. City ofMiami Page 82 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 I think we finally have a Finance Department that has come a long way, andl think we, as a city, has come a long way in our finance. And today we have the firefighters; tomorrow we're going to have GSAs [sic]; soon we're going to have the -- all the different unions requesting for the same thing. I think we all agree; we need some improvement, but I think we should let -- I think the Administration had received a message that is comingfrom this Commission, but I think he's the one that have to sit down; he knows what we want, how to work it out and come up with a plan how we're going to do it. I don't think we should do it from the dais. I think -- we did that before. If you all recall, we had people here asking for funds and we told the Manager, "Manager, you have so much; deal with that. " And we did it -- and he did it. Unfortunate, people did not like the idea. But I believe we should leave the Administration; let them know what we want. We want some additional rescue and chief trucks -- rescue the most needed one and let him come back to us how we going to do it. That's my recommendation. Commissioner Carollo: Mr. Chairman. Chair Gort: I don't think we should allocate funds from up here. Yes, sir. Commissioner Carollo: I'd like to hear from Commissioner Sarnoff again. He's saving it for 5 p.m. today so -- Commissioner Sarnoff I may -- at the end of this, I'm going to ask for a point of privilege. I have an idea -- and you may like it; you may not -- with regard to what you think I'm saving up for at 5 o'clock. That may resolve it a day for you today. Commissioner Carollo: But -- Commissioner Sarnoff Maybe it won't. I can only -- Commissioner Carollo: Mr. Chairman, from what you're saying is -- I mean, what we did in the past was say, "Mr. Manager, we want to use" -- let's say this time -- "a million dollars from the reserve allocated. Our preference is for it to go to fire rescue trucks, and you use it as you deem fit for the Fire Department." And, I mean, that's technically what was done, correct? Chair Gort: Correct. Commissioner Carollo: That's what you're saying that we should do. Chair Gort: I don't believe we specifi, where the funds were going to come from. We gave him the idea to let us know where the funds can be comingfrom. Commissioner Carollo: You know what? Chair Gort: I mean, when he came up with this idea about where we're going to finance these things, we -- he came up with the idea each one put $5, 000 -- Commissioner Suarez: Right. Chair Gort: -- and that worked. Commissioner Carollo: You know what, Mr. Chairman? You bring a great point. Mr. Rose. Mr. Rose: Yes, sir. Commissioner Carollo: Are there departments that are running out of surplus that we could -- because some of this monies [sic] was just from the reserves? However, there are departments City ofMiami Page 83 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 that are running on surplus that we will be able to capture some of that monies towards the end of year. Obviously, we're doing estimates right now, but you could pretty much determine where they are, where they could be, where they should be. Is it possible to use that money, and do you know, more or less, how much from other departments there is? Mr. Rose: There are departments that are projected to come in under budget. Commissioner Carollo: Right. Do you know what's the amount, more or less? And mind you, I understand this is estimate. Mr. Alfonso: I'm sorry, Commissioners. Commissioner Carollo: What I'm doing -- Mr. Alfonso: I understand what you're doing. Commissioner Carollo: -- instead of the reserves that I'm seeing -from the other -- Mr. Alfonso: The bottom line is, we're projecting an $11 million surplus at this time. If it is will of this Commission to allocate a million dollars to go to equipment, we will carry that out, Commissioners. I don't -- you know, I don't want to get into de -allocating funds from departments -- Commissioner Carollo: Understood. Mr. Alfonso: -- at this time. We're six months into the year. If you give us that direction, we will try to find -- is it the best to take it from reserve? Can we talk to CD (Community Development) and maybe see if there's some more opportunities there? Can we look and see in the funds that were carried over from prior years elsewhere? Give us an opportunity to analyze it and we can bring something back to you, but -- and if that's the will, we'll do it. Chair Gort: Okay. Commissioner Suarez. Commissioner Suarez: Mr. Chair. Yeah, I think -- I'd like to move -- I'd like to make a motion directing the City Manager to find the million dollars to purchase the four fire trucks. That's separate from this mid year. Commissioner Carollo: Separate -- I'm sorry. Separate from? Commissioner Suarez: The mid -year. Commissioner Carollo: The mid -year. Commissioner Suarez: Yeah, yeah. So we're not voting on the whole mid -year right now. Commissioner Carollo: Second. Commissioner Suarez: Yeah. Chair Gort: It's been moved and -- Commissioner Carollo: Second. Chair Gort: -- second. Any further discussion? Being none, all in favor, state it by saying aye." City ofMiami Page 84 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 The Commission (Collectively): Aye. Commissioner Suarez: Now we could deal with the mid year, 'cause I'm sure -- Unidentified Speaker: Just to clam, Commissioner, we're talking about rescue trucks, correct? Commissioner Suarez: Correct. Commissioner Carollo: Rescue trucks. Unidentified Speaker: Okay. Commissioner Suarez: That's right. My Apologies. Commissioner Sarnoff. Yeah, we're not talking pumpers -- Chair Gort: Fire trucks, rescue -- Commissioner Sarnoff. -- ladders. No, we're not talking pumpers and ladders. Commissioner Suarez: Right. Mr. Alfonso: I think we need a couple of Yukons for the executive staff in the -- Commissioner Sarnoff. No, no. Commissioner Suarez: No, no. Unidentified Speaker: I object. Commissioner Suarez: Really, really, really? Wow. Chair Gort: Okay. Commissioner Suarez: That's almost as bad as me talking about my wife's car after six months. Chair Gort: We'll -- we still have -- it's 12: 28. I think we still have plenty of time. We still have this issue here in front of us. Commissioner Suarez: Right. Commissioner Carollo: Back to the mid -year. Commissioner Suarez: Back to the grind stone. Vice Chair Hardemon: I didn't have -- Mr. Chairman. Chair Gort: Yes. Vice Chair Hardemon: I didn't have any further discussion with the mid -year. I think we ironed out basically everything that we needed, unless there was something else that you saw? Commissioner Carollo: There's one more that I'm going to touch on lightly, butt still want to touch upon. I know -- andl believe the mid -year, ifI look at my backup, it also talks about positions. City ofMiami Page 85 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Mr. Rose: Yes, sir. Commissioner Carollo: Is that correct? Mr. Rose: Yes, sir. Commissioner Carollo: I know when we originally did our budget, there were some changes, positions from GSA to -- or potential changes from GSA to the Communications. One wasn't -- I don't -- I believe wasn't under GSA. I'm not sure, but it was Protocol. I'm not crazy about the change, to be honest with you, especially now with the new so-called internal administrative requirements of three days before we request a proclamation or stuff like that. And unfortunately, sometimes it's -- you know, it takes -- you run into events that -- you know, it's from one day to another, so it seems like we're working backwards as opposed to moving forward. So I understand the accountability that you are looking at, but, you know, I kind of want to address it, because, again, I don't know if we're actually progressing or if we actually took a step back. So -- Mr. Rose: Understood. Commissioner Carollo: -- that's something that, you know, I am concerned about. I don't know how my colleagues feel, but I did want to bring it up. Chair Gort: Mr. Manager. Mr. Alfonso: Commissioner, the reasons why we collapsed certain functions into Communications Department are operational. For example, one of the things that we -- you and I discussed recently when you -- the reason why we put into effect rules about, you know, give us some notice so that we can get these things done timely: One, we can get them done properly; two, if we can change schedules around to save overtime for people, it allows us a little bit of time to do that. It's kind of tough if we get a call today and say, "Look, I have an event this evening; I need somebody to cover it," or `I need a proclamation right now." Well, the person may be on vacation, or the person already came into work, and ifI asked them to stay over, now they'll have to do overtime. And in order to save the overtime, maybe I have to tell them, "Tomorrow you got to come in later, but there was some events scheduled tomorrow morning." So the issue about setting requests for getting info -- you know, getting requests from elected officials for coverage and those type of things a few days early is really operational issue, but I don't think we have ever said to you or anyone, for that matter, on a request, `Absolutely not; we'll not take care of it." I think all requests that come in, even those that come in just hours before the event, we have taken care of. So -- Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: At this point in the discussion, it's fair enough; I'll back off and, you know, we'll address it, I guess, at the close of the budget year, the close -end adjustment, and we'll address it again or, if not, for next year's budget. So for now, I'm okay with it. Chair Gort: Okeydoke. Commissioner Suarez: Mr. Chair, just one -- Chair Gort: Do we have a motion? City ofMiami Page 86 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Commissioner Suarez: -- last thing. Commissioner Carollo: Move it. Commissioner Suarez: I'll second it with -- Chair Gort: Moved by -- Commissioner Suarez: -- discussion. Chair Gort: -- Commissioner Carollo; second by Commissioner Suarez. Commissioner Suarez: I just had one issue with the mid year, and it goes to the City Attorneys budget and the request for the new positions. I had asked the City Attorney -- there was an article that was published recently about the U.S. Attorney Office. I had -- there was an article that was recently published by the U.S. Attorney Office about their -- they're actually a profitable office for the U.S. government, believe it or not. They actually take in millions of dollars more than they cost the U.S. government, and their forfeitures and their seizures and all of the things that they collect on behalf -- And what asked the City Attorney was to start looking at her position -based -- budgeting on that basis of if you're going to bring in a person, what value is the City ofMiami going to get from an attorney who you're going to be hiring? And to her credit, she's obviously started -- you know, she was one of the ones -- before she was City Attorney -- that helped me with the collection of special assessment liens, and things that were not happening before, and we've collected over $500, 000 just in that initiative. But, you know, I wanted her to articulate for the benefit of the Commissioners what she felt were some of the roles that these extra attorneys can play and how it could actually potentially be a revenue generator for the City ofMiami rather than a cost, andl think that makes it a little easier for the attorneys up here to swallow and maybe for the non -attorneys as well, but go ahead, Ms. Mendez. Victoria Mendez (City Attorney): I just wanted to start off -- I do have that information, but I just wanted to start off to put things in perspective that we have -- the City ofMiami has a population of 450,000 people. We have about 3,600 employees. And, pretty much, the City Attorney Office touches everything that's done in the City ofMiami with regard to its employees, andl have a staff of 42 people to do that. I just wanted to put that in perspective. With regard to total cases that my office is handling today, we have about, 3,372 cases; of litigation cases, we have 1,597. New litigations since January has been 162 cases, since January of 2014. In March alone, we had 51 new litigation cases. I -- an average case load of -- for my attorneys right now is about 180 cases. So putting that in perspective, I -- we -- our office is inundated. The City deals with a lot of intricate issues and we review all the contracts. We do all the litigation. We review all the legislation and our office is very tasked at this time. So other than surviving, which is why I'm asking for this adjustment, the other thing would be the things that we can do, the things that are important to this Commission. Most importantly, enforcement of quality of life issues on our unsafe structures cases, on our squatters cases, on injunctions, on signage, on covenant enforcement; just that alone is something that really touches Commissioners on a daily basis. And if we're able to get into court more to be able to handle those things, it would definitely save the City money, time, aggravation, and our citizens would be happier. With regard to the direct question that Commissioner Suarez asked, ifI had the additional positions, I would be able to work more on collections. With one attorney that I hired at about $60, 000 two years ago, we were able to bring in $500, 000 in revenue in just two years with regard to special assessments on unsafe structures and lot clearing liens. In addition to that, we would continue those efforts on outstanding tickets and other Code Enforcement cases that are outstanding. We would be able to be more aggressive with regard to our eminent domain defense. Right now the County is growing at leaps and bounds; FDOT (Florida Department of Transportation) is expanding; and those are all things that affect the City ofMiami; and there are usually monies that can be acquired through those cases by the City ofMiami. With regard to bankruptcy, bankruptcy cases City ofMiami Page 87 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 usually stay a lot of action that the City ofMiami is involved in. We would go in as creditors in a lot of these cases, especially in multi -national corporations, other corporations that are declaring bankruptcy left and right; everyone else is getting their portion of things that are owed to them and the City ofMiami generally does not, and we have wanted to participate in that process more so. I added a legal advisor to deal with forfeitures, but we need a little more help with that in order to be able to address forfeitures and be able to litigate more so and bring in revenue into the City ofMiami. Tax deed sales, those usually have surpluses attached to that. In the past we've been able to get the surplus before other lien holders can get the surplus, but we really need assistance with thousands and thousands and thousands of foreclosures and tax deed sales that happen in the City. We need more assistance to be able to actively litigate those cases and be able to bring in that revenue to the City ofMiami. Judgment collections: Unfortunately, because we do not have the ability right now to go after judgments that had been given in favor of the City ofMiami, we would be able to actively litigate those cases, do asset search, and things of that nature, in order to be able to bring that money into the City. Plaintiff cases and counterclaims on litigation: Right now we're at a triage posture when it comes to defense. Everything we do is defense oriented. But we would also like to be able to concentrate on our plaintiffs cases. We have some cases that are in excess of a million dollars that we would be able to bring in that revenue to the City ofMiami, and those cases need to be worked up, but we're always in a defense posture dealing with the other matters in order to defend the City of Miami, in order to limit liability of the City ofMiami, so these plaintiff cases sometimes take a backseat. Commissioner Sarnoff. Wait, wait. Stop, stop, 'cause I don't want to hear anymore. I think your point is reasonably proven. My recollection of your request was approximately $1 million. Ms. Mendez: Yeah. Commissioner Sarnoff. Your allocation that's being granted to you is in the three hundred something thousand category? Mr. Rose: Two seventh -eight, Commissioner. Commissioner Sarnoff. Two seventy-eight. How then is your -- let's just assume you did your due diligence and you thought through it as well, as hard as you could before you presented to a Commission $1 million, and now 278 or 60-something thousand dollars. That's a quarter of what you're asking for. Ms. Mendez: Right. But think Mr. Rose can explain that. Mr. Rose: Commissioner, the City Attorney and have worked -- sat down and worked on this closely. This is the first 6 of those 12, so it's half the ask in the mid -year right now. On top of that, it's half the year. So the million dollars is a full year for 12; what we've agreed on for now is 6; and 6 months of those 6 is the 289. In that is -- Commissioner Sarnoff. So, Mr. Ross, she needs 12. Mr. Rose: Yes, sir. Commissioner Sarnoff. You're only giving her half. Mr. Rose: Correct. Commissioner Sarnoff. So you're playing General Schwarzkopf? Mr. Alfonso: Commissioner, if we may? Chris is not -- she's giving. It is the Commission's City ofMiami Page 88 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 decision -- Commissioner Suarez: That's right; she's lobbying, he's lobbying, and we're deciding. Commissioner Sarnoff.. Right. Commissioner Suarez: Right. Commissioner Sarnoff.. Right. What he's saying "You're going to take that hill with 6 people," and she says, "For me to costly and efficiently take that hill, I need 12 people." Okay. Mr. Rose: Yes, sir. Commissioner Sarnoff.. You're just saying -- you're Eisenhower and General Schwarzkopf you're going to take that hill with six people. Mr. Rose: Or we start with six and see what we can do. Commissioner Sarnoff.. As soon as we get them killed, we bring another six in. Mr. Alfonso: Commissioners, if I may, from the point of the Administration, what we spoke to our City Attorney about was if we allocate six persons right now, she will proceed to get them hired, bring them in, analyze where she's at. We have agreed that we're definitely looking at the other six for the new year, and this Commission will be able to allocate it. Commissioner Sarnoff.. Has there been a motion made on this yet? Chair Gort: No. Yeah, I think there was a motion and a second. Yes. Commissioner Sarnoff.. There was? Would the mover consider a half -million dollars for the City Attorney? Commissioner Suarez: Who's the mover? Commissioner Sarnoff.. Oh, I'm asking the CPA (Certified Public Accountant). Is that you, the mover? This is going to be tough. I may have to go to the seconder on this. Commissioner Suarez: I think we should leave it as is. Commissioner Carollo: I think we should take it up after lunch. Commissioner Sarnoff.. That's okay with me. I don't care. Commissioner Suarez: That's fine with me. Chair Gort: You guys don't want to vote on this now? Commissioner Carollo: It's 12: 41. Commissioner Suarez: Yeah. Commissioner Carollo: I mean, you know how we never negotiate from the dais. I think we should -- Vice Chair Hardemon: I don't know if you can -- can we -- City ofMiami Page 89 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Commissioner Suarez: Yeah, yeah. Commissioner Carollo: Sure. Commissioner Suarez: Recess. Commissioner Carollo: Sure. Vice Chair Hardemon: -- during the -- we're recessing? Commissioner Suarez: Yeah, yeah, yeah. Chair Gort: Okay, budget. Commissioner Carollo: Budget. Chair Gort: I believe we had a motion on -- we -- Commissioner Carollo: And a second. Chair Gort: And a second, and it was continued. Any further discussion? Commissioner Carollo: Hold on. We had a motion and a second -- Todd B. Hannon (City Clerk): Yes, sir. Chair, Commissioner Carollo -- Commissioner Carollo: -- without the amendment. Mr. Hannon: Correct. Chair Gort: Without the amendment. Mr. Hannon: So right now the maker of the motion would need to approve any amendments to the item. Commissioner Carollo: I'm sorry? Without amendments. Mr. Hannon: Correct. Chair Gort: But the amendments -- Mr. Hannon: This is for RE.5. Chair Gort: My understanding, there was simple amendments. Yes, sir, go ahead, you're recognized. Mr. Rose: Thank you. Chris Rose, Office ofManagement & Budget. There is one item that need to read into the record. We're withdrawing -- on page 3 of the memo, it talks about adding one position, with no dollars attached, to NET (Neighborhood Enhancement Team). We're going to withdraw that piece. It's also in Attachment C; we're going to withdraw it there as well and just technical amendment. We're taking the one addition of the position off. Vice Chair Hardemon: Can I ask a question in reference to it? Chair Gort: Yes, go right ahead. City ofMiami Page 90 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Vice Chair Hardemon: What position -- was that adding a new NET office or was that funding a new NET person -- Mr. Rose: It was -- Vice Chair Hardemon: -- for a vacant office? Mr. Rose: No, not even for a vacant office. It was something we just needed to get out of there. We mistakenly put it in. Vice Chair Hardemon: Thank you. Chair Gort: Doesn't affect the function of any of the NET? Mr. Rose: Does not affect any functions currently in place, no. Chair Gort: Okay. Commissioner Sarnoff. So -- Chair Gort: Further discussion? Commissioner Carollo: I'm ready to vote. Commissioner Sarnoff. Yeah, I'm ready to vote too, but I want to have the discussion regarding the City Attorney. Commissioner Carollo: Madam City Attorney, I have -- hold on. Before you begin, I have a question. Are you okay with this adjustment as it is right now or do you need more money? Ms. Mendez: Everybody would like more money; however, I understand that I can -- Commissioner Carollo: I said "do you need " I didn't say "would you like." Ms. Mendez: I can work -- if the Commission is going to be open to when the regular budget comes in October to have this included, yes, I can work with this. Commissioner Carollo: What's here right now? Ms. Mendez: Yes. Chair Gort: Plus what you're adding. Commissioner Sarnoff. Sorry? Chair Gort: Plus what she's adding. Commissioner Sarnoff. She's not -- Commissioner Carollo: No. Commissioner Sarnoff. -- adding. Commissioner Carollo: She's not adding. City ofMiami Page 91 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Chair Gort: Not adding any at all? Ms. Mendez: No. I'll -- Commissioner Carollo: She's not adding. Ms. Mendez: -- take it as it is presented with the understanding that when it's put into the budget normally, you will accept that, it would be fine. I can work with that. Chair Gort: Well, my understanding was you had originally requested 12 positions. Am I correct -- Ms. Mendez: Yes. Chair Gort: -- or is that wrong? Ms. Mendez: Yes. And then -- Chair Gort: With those changes taking place in here, that's going to grant you six positions, right? Ms. Mendez: Right, it would be six positions now, and then when it comes back in October -- Chair Gort: (UNINTELLIGIBLE). Ms. Mendez: -- the regular budget, that would be the fully funded. Chair Gort: Okay, thank you. Ms. Mendez: Thank you. Chair Gort: Any further discussion? Mr. Hannon: And Chair, does the maker of the motion accept -- Chair Gort: Maker of the motion -- yes. Mr. Hannon: -- the changes proffered by the Budget director? Commissioner Carollo: Yes, I accept by the Budget director. Mr. Hannon: Thank you. Chair Gort: Does the seconder of the motion accept? Commissioner Suarez: I do. And I just would like to add that to the extent that there is more positions that are going to be proposed in the City Attorney's Office, that we try to maintain the same analytical process that we've kind of established here today for that. Mr. Rose: Yes, sir. Ms. Mendez: I just wanted to clam one thing then. As -- the request that I made was for 12 positions, and then now you're allowing me the 6 positions -- not to have the 12 positions now, but 6positions now. City ofMiami Page 92 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Commissioner Suarez: Right. Ms. Mendez: Would this -- would have to make the same presentation or changes in October? Or are you taking into account that in October, it would be the additional six for the fully funded at that time? Commissioner Suarez: I think Commissioner Sarnoff would beat me on the head ifI answered this question in any way other than the way he wants me to, so I'll just leave it at that. You can talk to Commissioner Sarnoff he'll explain my position for me. Ms. Mendez: Thank you. Chair Gort: Okay. Any further discussion? Commissioner Suarez: That's it. Chair Gort: Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Hannon: As modified. Chair Gort: Thank you. Mr. Rose: Thank you, Commissioners. Chair Gort: As modified. RE.6 RESOLUTION 14-00335 A RESOLUTION OF THE MIAMI CITY COMMISSION PROHIBITING THE BAYFRONT PARK MANAGEMENT TRUST FROM HOLDING THE ULTRA MUSIC FESTIVAL IN THE FUTURE DUE TO A BREACH OF CONTRACT BY THE ULTRA MUSIC FESTIVAL; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE BAYFRONT PARK MANAGEMENT TRUST. 14-00335 Legislation.pdf SPONSORS: HONORABLE MAYOR TOMAS REGALADO COMMISSIONER MARC D. SARNOFF WITHDRAWN A motion was made by Vice Chair Hardemon, seconded by Chair Gort, which failed by the following vote: AYES: Vice Chair Hardemon and Chair Gort, NOES: Commissioner(s) Sarnoff, Suarez and Carollo; to withdraw RE.6 and for the City Manager to bring back a discussion item on the Ultra Music Festival to be time certain at 5: 00 p.m. for the April 24, 2014 Miami City Commission meeting. Note for the Record: The City Commission agreed to placing a discussion item regarding the Ultra Music Festival on the April 24, 2014 Miami City Commission meeting agenda, for the item to be heard at 10: 00 a.m., and for Mayor Regalado and Commissioner Sarnoff to be the sponsors of the discussion item. City ofMiami Page 93 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Commissioner Sarnoff. Before we recess, Mr. Chair, can I have a point of privilege? Chair Gort: Yes. Commissioner Sarnoff. The Mayor andl have conferred, have spoken to the City Attorney; we would like to withdraw our motion for Ultra and bring back at the next Commission meeting a general discussion item concerning Ultra, visiting some of the facts and issues that you have, and we would ask for a 10 o'clock time certain. Chair Gort: No problem. Commissioner Sarnoff. Well, I think there needs to be -- I'll make that my motion. Chair Gort: You make it -- Commissioner Carollo: Can we take the vote after lunch? Commissioner Suarez: Lunch. Commissioner Sarnoff. I'd like to do it now. I hear you. Chair Gort: There's a motion to -- Mayor Tomas Regalado: I think that -- Chair Gort: What's the motion? Mayor Regalado: Can I --? Mr. Chairman. Commissioner Carollo: Can I --? Mayor Regalado: No, I'm sorry. Chair Gort: Go ahead, Mr. Mayor. Mayor Regalado: Just a question for the Attorney or the City Clerk. He is the sponsor; I'm the co-sponsor. If we both want to withdraw an item from the agenda, do we need a vote or --? I mean, I think -- Todd B. Hannon (City Clerk): Chair, Commissioner. Mayor Regalado: -- that both the sponsor and the co-sponsor, because -- I guess I heard -- we heard the concerns of every Commissioner, the Chairman, Commissioner Suarez, in terms of the awarding of the motion; and everybody wants to discuss, I would love to discuss Ultra and -- but I think that it satisfies everyone if we discuss this on the next Commission meeting at a time certain where people -- we got calls today at the office from merchants at Bayside saying that they will want to come if they were allowed, so we were a little confused, because until a few minutes after, we didn't know it was a time certain. So I would ask that you consider the withdrawal. Chair Gort: Yes, sir. Mr. Hannon: Chair, Commissioners, Mr. Mayor, it has been the custom of the Commission that when a Commissioner is sponsoring an item on the regular portion of the agenda, it is their prerogative to unilaterally withdraw the item. If they want to defer, continue, indefinitely defer, City ofMiami Page 94 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 they would need to, you know -- Chair Gort: Make a motion. Mr. Hannon: -- request that -- Correct. Chair Gort: Correct. Commissioner Carollo: But this is a different item. It's not this item. It's a totally different item. Chair Gort: They're going to bring back this item, so they'll take it up. Commissioner Sarnoff But I'm asking by motion that we have a discussion on Ultra at -- on April 24 at 10 o'clock time certain. Chair Gort: We'll direct the Administration put it on the next -- Commissioner Suarez: You don't need to do that (UNINTET,TIGIBT,F). Chair Gort: -- (UNINTELLIGIBLE) -- budget -- I'm talking about -- keep going to the budget. -- next agenda, to place this as a time certain for 10 o'clock, okay? Commissioner Carollo: Well, hold on. Let's take one step at a time. So can they just withdraw their motion? Chair Gort: Yeah. Mr. Hannon: No, it doesn't even require a motion. This item is sponsored by Commissioner Sarnoff and Mayor Regalado. It is their prerogative to unilaterally withdraw the item from the agenda, not requiring any action by the Commission. Mayor Regalado: That's what I said. That's what I said, that we are the sponsors; both sponsors are in agreement, and the main sponsor and the co-sponsor, we just wanted this -- withdraw the agenda. Now, second part, which is up to you, he's asking that the Commission will hear a discussion item on the next Commission meeting, but just consider that motion withdrawn, which we don't need a vote for that; that's procedure. Chair Gort: My understanding is we can -- we, as a Commission, can ask the Administration to set up this issue for the April 24, time certain 10 o'clock in the morning, and with all the information that we have required, okay? That's all. We don't need a motion. Mr. Hannon: And Chair, just for clarification, it'll be a discussion item on the April 24 agenda, not a resolution. Commissioner Carollo: At 10 a.m. time certain. Chair Gort: Ten a.m. time certain, okay? Commissioner Suarez: No action? Mr. Hannon: Well, Chair -- Chair Gort: Discussion. Mr. Hannon: Now, who will be the -- do you want the Administration to be shown as placing the City ofMiami Page 95 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 item on the agenda, or will it be Commissioner Sarnoff and Mayor Regalado as the sponsors? Commissioner Sarnoff. I'd be more than glad to again sponsor that. I don't know the Mayor would like to -- Mayor Regalado: I'll co-sponsor. I'll co-sponsor the discussion item; and, yes, the discussion item could result in action. Commissioner Suarez: Will you guys withdraw it next Commission meeting too? Mayor Regalado: I'm sorry? Commissioner Suarez: Will you guys withdraw it next Commission meeting too? That was a joke. Commissioner Sarnoff. That really hurt. Commissioner Suarez: I'm just kidding. All right. Commissioner Carollo: Okay. Chair Gort: Okay. Commissioner Carollo: What time to come back? Chair Gort: Come back at 4? Commissioner Carollo: Okay. Chair Gort: All we have left is the -- Daniel 1 Alfonso (City Manager): The budget. Did we take a vote on the budget? Chair Gort: We got to do the budget -- Commissioner Carollo: And -- Chair Gort: -- and the -- Commissioner Carollo: -- the board appointments. Chair Gort: -- board members, and there's one board in particular that want to address very much, and we have the chairperson and the young lady here waiting for that, andl apologize, but it's 12: 46. Sorry. Commissioner Carollo: Can we -- Victoria Mendez (City Attorney): And we have the public private partnership as well. Commissioner Carollo: -- do 3: 30, Mr. Chairman? Chair Gort: Fine with me; 3: 30 is fine. Commissioner Carollo: My colleagues, are you okay with 3: 30? City ofMiami Page 96 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Commissioner Sarnoff. Yeah, that's fine. Commissioner Carollo: Three -thirty? Commissioner Suarez: By the way, let me just say that, if anyone is ever concerned about how something is drafted, it's always good if you come to us before putting it on the agenda, you know. That would be nice. And that doesn't mean Commissioner Sarnoff, because he obviously can't talk to us, but you know. Commissioner Sarnoff. You know, I'm just going to take your abuse today, but that's okay, that's okay. Life's -- the world's round. END OF RESOLUTIONS BOARDS AND COMMITTEES BC.1 RESOLUTION 14-00301 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: 14-00301 Arts CCMemo.pdf 14-00301 Arts Current_Board_Members.pdf NO ACTION TAKEN BC.2 RESOLUTION 14-00302 NOMINATED BY: Commissioner Marc David Sarnoff Commissioner Frank Carollo Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 14-00302 Audit CCMemo.pdf 14-00302 Audit Current_Board_Members. pdf NO ACTION TAKEN BC.3 RESOLUTION NOMINATED BY: Chair Wifredo (Willy) Gort Commissioner Marc David Sarnoff City ofMiami Page 97 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 14-00303 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Marc David Sarnoff Commissioner Frank Carollo 14-00303 Bayfront CCMemo.pdf 14-00303 Bayfront Current_Board_Members.pdf NO ACTION TAKEN BC.4 RESOLUTION 14-00182 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 14-00182 CIP CCMemo.pdf 14-00182 CIP Current_Board_Members.pdf DISCUSSED NOMINATED BY: Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Chair Gort: Wait a minute. I want to go to BC.4, which is very important. The Civilian Investigative Panel, as you know, has not had a nomination for a long while. If you all recall, about three years ago, we requested that each one of us try to find nominees that get selected by those from our districts. I already selected the two. I had Chairman HoracioAguirre andl also selected another person that I send. My understanding is, we send the applicant. We send him to the CIP (Civilian Investigative Panel) board of directors and they're -- they accept -- they interview the individual, they accept, then the nomination comes back to us. I urge you, all of you, to please try to come up with someone and recommend them. Commissioner Carollo: Mr. Chairman. City ofMiami Page 98 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Chair Gort: Yes, sir. Commissioner Carollo: Could we get a little bit more information on that? And this -- since you brought it up, you know, I see here one, two, three, four, five, six vacancies; it doesn't really have any districts attached to it, so I'm not really sure who's appointed what or who's appointed who. And at the same time -- Listen, I remember when Mr. Aguirre came before us and the whole Civilian Investigative Panel requesting additional fundings [sic] for executive director. Now, apparently, the person was fired but not fired and -- Listen, I think this Commission, at the very least, deserves some type of let's say, report on what has occurred and so forth so we could all move, you know, forward and at least be educated on what's going on with that board. I mean, I think it's fair what I'm asking. Chair Gort: Yes, sir. Horacio Stuart Aguirre: Mr. Chairman, Commissioners, Horacio Stuart Aguirre. Thank you for the elevation, Chairman Gort. I am not the chairman; I'm the treasurer. That might change soon with the new chairperson, but as of today, I still am the treasurer. You are correct, Commissioner Carollo, we did hire somebody that I think is an outstanding executive director. She comes with extraordinary credentials. Not only didl interview her; the prior executive director interviewed her and various members of the panel interviewed her. Additionally, senior department heads in the City ofMiami Administration also interviewed her. Andl believe I've taken her to visit each and every one of you. Andl asked for an appointment with you, Commissioner Carollo, but that was a very busy time in your schedule, and we're hoping to have that opportunity soon. But we did visit with Commissioner Suarez, Chairman Gort, Commissioner Hardemon, and Commissioner Sarnoff, andl believe they've all been left with a very favorable impression. What happened was that Ms. Cristina Beamud, an attorney who came in as the new executive director, apparently shook up the establishment a little bit, because within a little bit of time, I was getting phone calls from people in the office; one person in particular telling me that we had somebody that was shaking up, asking for files, asking for accountability, challenging the status quo that had been there. So I went and met with members of the African American community, andl met with Reverend Nathaniel Wilcox, andl met with Mr. Leroy Jones, andl met with people in the NC -- with the ACLU (Americans Civil Liberties Union) and people with the Coalition, and a distinguished member of that organization is here behind me, andl said, "What's been going on? " And people in the African American community telling me that they've been very unhappy with the performance of the Civilian Investigative Panel, but not over the last three months; over the last six years they tell me that we're not doing our job, and that made me reflect on things that prestigious prior panel members said to me when I came on board, people like Janet McAliley, people like Rudy de la Guardia and others, people like Brenda Shapiro, who are attorneys, prestigious, outstanding in the community. I don't always agree with their politics, but do agree that they are fine, outstanding people with knowledge and experience and nothing but the best intentions and an outstanding track record, and they all told me that something was rotten in the Civilian Investigative Panel and, indeed, something is. Within six weeks, members of the Civilian Investigative Panel, most of which are on the list of people whose terms have expired, were asking to have our new director fired, and this was orchestrated by one person, one person who feels challenged by the new executive director. This is not the time for me to tel you what to do, but I'd like to suggest to anybody that's listening that there ought to be a review of the way the Civilian Investigative Panel has operated over the last six years, and it ought to be done immediately, and it ought to be presented to you because, quite frankly, I will not be asking for a penny of budget for this agency until we fix the problem. Thank you. I hope that answers any questions you have. Commissioner Sarnoff. Okay. Can I ask a couple questions? Mr. Aguirre: Go ahead, sir. City ofMiami Page 99 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Commissioner Sarnoff. The status of people being appointed, describe that to me. Mr. Aguirre: Oh, that's a good question. The independent counsel has ruled -- independent counsel to the Civilian Investigative Panel has ruled that even though somebody's term is expired -- for example, the new chairperson who took office about three weeks ago, her term expired in 2008 -- that's a long time ago -- a very strong supporter of the independent counsel, by the way. The independent counsel opines that that person retains office until the Nominating Committee replaces her, even though her -- his or her term may have expired. Commissioner Sarnoff. Who's the Nominating Committee? Mr. Aguirre: One of the persons who is a strong supporter of the independent counsel and whose term has expired. Commissioner Sarnoff. Wait, wait, wait, wait, wait. You're -- Mr. Aguirre: Does that seem crazy to you? Commissioner Sarnoff. Yeah, because -- Mr. Aguirre: It does to me too, by the way. Commissioner Sarnoff. You're telling me that the Nominating Commit -- first off let's just asking questions. The Nominating Committee consists of what or who? Mr. Aguirre: Members of the panel. Commissioner Sarnoff. And who are -- what is the present Nominating Committee? Mr. Aguirre: Four people. Commissioner Sarnoff. And are those four people's terms expired? Mr. Aguirre: Yes, I believe so; certainly the chairperson of that committee. Commissioner Carollo: And (UNINTELLIGIBLE) -- Mr. Aguirre: So by not having a committee meeting to review the terms of expired people, well, you perpetuate your existence. Commissioner Sarnoff. Like forever. Mr. Aguirre: Forever, until eternity and then on. Commissioner Carollo: And then, it's my understanding, those are the people that actually bring suggestions to us, and we actually vote on it, so we don't actually go out and -- Mr. Aguirre: You're not bringing in new fresh blood. Commissioner Carollo: Right. Mr. Aguirre: And that's a big problem. Commissioner Carollo: So that's why when Commissioner -- Chairman Gort mentioned that, it's not really not on us. City ofMiami Page 100 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Commissioner Sarnoff. Right. Commissioner Carollo: It's -- from I remember beforehand, it's actually this panel that brings their suggestions to this Commission for us -- Mr. Aguirre: And you ratify them. That's -- which is something that perhaps in the future ought to be visited for revision. Commissioner Sarnoff. Well, that was the change that came about four years ago. Mr. Aguirre: Yeah, that was before my time. Commissioner Sarnoff. Right. Andl voted against that change. Mr. Aguirre: Yeah, glad you did. Vice Chair Hardemon: For the record, right? Commissioner Sarnoff. For the record. No, I -- and I'm not saying l foresaw this happening, but you have a Nominating Committee that is now no longer even eligible to serve, but they're nominating and they're actually not doing their job, because if you don't do your job, you perpetuate exactly what you have. Mr. Aguirre: In effect, if we have a meeting, which we're scheduled to have -- I think it's Tuesday of next week -- the chairperson of that meeting is, I respectfully opine, not qualified to be the chairperson. Commissioner Sarnoff. You know what -- Commissioner Carollo: So -- Commissioner Sarnoff. You know, let me just say this, 'cause I think Commissioner Carollo, for an unusual day, I don't think he andl was going to see eye to eye so much today, but -- Commissioner Carollo: Mind you, I'm not even going in the budget part of this. Commissioner Sarnoff. No. Commissioner Carollo: That we increased their budget. Commissioner Sarnoff. Do you remember? Commissioner Carollo: Yeah, of course I remember. Commissioner Sarnoff. You all remem -- -- Well, here's -- Commissioner Carollo: 'Cause it wasn't in our original budget, andl -- and we got it from the GESE (General Employees and Sanitation Employees) pension trust the day I had asked for additional monies, and we said no, and we used that money for Civilian Investigative Panel. Mr. Aguirre: Well -- Commissioner Sarnoff. You guys -- City ofMiami Page 101 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Commissioner Carollo: So -- Commissioner Sarnoff. We -- Commissioner Carollo: But we increased their budget. Commissioner Sarnoff. I don't get to talk to them so -- Chair Gort: Okay. Mr. Aguirre: Go ahead, go ahead. Commissioner Sarnoff. So you all came in 2009, things had pretty much became unglued, let's say. But when things were very good, this CIP panel kept on asking for more and more and more and more, and they asked for, if you remember -- and I think even Commissioner Carollo knows this -- they asked to have their premises made larger because they wanted to have more and more and more. Chair Gort: Investigators and -- Commissioner Carollo: Even though they weren't spending all their monies. Commissioner Sarnoff. Correct. Commissioner Carollo: 'Cause that was part of my argument. I said, "Well, wait a second." Commissioner Sarnoff. So they then let a space much larger, and the next thing you know, their budget can't be where it is, just out of -- like was described well by Chief Kemp today, you know. I mean, things happened in 2008 that were unprecedented, except for 1926. So then the City of Miami gets left holding the bag, so to speak, of this leasehold interest that we -- I had said to them all along, "Why don't you just take space at MRC (Miami Riverside Center)?" "No, we have to be separate. We have to be apart." Andl didn't vote for that either. Then when we looked at their budget -- you know, Mr. May [sic], a person -- he's extremely articulate, he's an extremely effective advocate. And you looked at it and he took almost all of their budget, essentially, which was I think at the time $260, 000 of what he was getting paid at that time, and I'm not sure I have the all -in on that. I think that might have been just salary. So -- and if he's independent contractor, I didn't mean to misspeak. You know, Mr. Aguirre, I have never had a very fondness for this board, because all I've ever seen are problems, and it's not to say I don't believe in the underlying premise of what it's all about. But I have never seen this board function, in my opinion, in a reasonable manner, based on budgetary requirements. Mr. Aguirre: Well, let me give you the good news. The good news is that it's supposedly, on paper, an independent agency. The bad news is that in reality, it is an independent agency. And when you have this mixture and you don't have governance and oversight for so many years, and you're wondering, "Well, what the heck am I doing here today?" Well, Commissioner Carollo, I got you into this budget, and I'm here to fix it. I could be somewhere else. So I'm glad you're pointing it up, and yes, I'm here to clean up the mess and to be the Michael Clayton on this matter. So it's true, there is a mess, but it is fixable. We need some serious serve and renewal in this organization, in the Civilian Investigative Panel, but it's fixable. Commissioner Sarnoff. And the status of this director, is she still the director? Mr. Aguirre: She still is. The panel has met twice, and twice by a slim majority, voted to have her dismissed, and twice prior City Commissioner and current City Manager have wisely ruled that the panel, they didn't have the authority to fire her nor the justification. City ofMiami Page 102 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Commissioner Sarnoff. And let me just address my Commission here. You know, the oddity is when Mr. Aguirre brought -- I forgot her name. What was her name? Mr. Aguirre: Cristina Beamud. Commissioner Sarnoff. Yeah, Beamud, Cristina in -- I mean, I was prepared to be very unimpressed, and) was very impressed. If you look at her resume, you have to be impressed. I mean, former cop, former prosecutor -- Vice Chair Hardemon: Former executive director. Commissioner Sarnoff. -- executive director, and) think a former public defender, ifI remember, as well. It's like this woman had every credential you can come up with. Chair Gort: Had all the commendations. Commissioner Sarnoff. Yeah, yeah, yeah. And had run, I think, in Atlanta. Am I right about that? Yeah, in Atlanta. And "a breath of fresh air" would be an understatement for this person, so I thought everything was on track, and) was like, "Wow, finally a CIP Board that would function." And then I hear this, I don't know, three months ago, two months ago; andl'm glad you're here, andl'm glad you're relating what you're relating, because there's a mechanical problem, that you're saying we're never going to get off the track here because the mechanical problem will never allow us and afford us the opportunity to get a new board in there. So I don't know. Where do we go from here? Mr. Aguirre: Well, if your question is practical and not rhetorical, I'll answer. Commissioner Sarnoff. Yeah, I -- Mr. Aguirre: The first thing we need to do is, I think, we do have to do something that was suggested by the coalition, and the coalition is -- I don't know. How many different groups, Ms. Julia, does --? -- about eight large groups of civic organizations, multi -cultural, multi -racial here in the greater Miami area that has asked for an immediate review. And by the way, this is not punitive. All corporations do annual reviews of their operations, or biannual or biennial reviews. Fortune 500 companies do this, not -for -profit ila masari organizations do this. It was proposed, and I moved, to have a review done of our operation at the last monthly meeting. I was voted down. I'm not surprised I was voted down. Nobody wants a review; nobody on that panel, especially some of the more entrenched interests want a review of how we operate, but we do need a review of how we operate. We are operating, gentlemen, way outside of the Charter, way outside of the statute, way outside of the bylaws, and most importantly, way outside of what the community expected when this agency was created; and to address you, Commissioner Carollo, way outside what you expected when you funded us, and I apologize for that, but I'm here to fix it or to propose a fix. Commissioner Sarnoff. So who does this review? Chair Gort: My understanding is, we need to nominate -- Vice Chair Hardemon: (UNINTELLIGIBLE). Mr. Aguirre: You need to nominate people. We have vacancies that need to be filled with fresh people from the community, and the idea that nobody wants to serve is just not true. Commissioner Gort -- City ofMiami Page 103 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Commissioner Carollo: Right. Mr. Aguirre: -- is proffering a name today or tomorrow of an excellent candidate. Commissioner Carollo: But I thought that -- right, right, right, right. So we're changing the process and it's like -- Vice Chair Hardemon: No, no. Chair Gort: No, no. Commissioner Carollo: No. Chair Gort: We send it to them, and they make the -- they recommend it back to us. Commissioner Carollo: No, they don't. No, no, no, no. Vice Chair Hardemon: Mr. Chairman, may I? Chair Gort: Sure, go ahead. Vice Chair Hardemon: As I understand, the City Commissioners, we selected 10 members, so we should have at least two -- from what it reads, "The members shall include at least two members from each of the five City ofMiami Commission districts." So I know that you're asking us to find people within our district -- Mr. Aguirre: Right. Vice Chair Hardemon: -- to nominate. Mr. Aguirre: Well, here's the -- Ms. Mendez: There's nothing -- Mr. Aguirre: -- way the process works, and I'll simplify it. The Nominating Committee reviews candidates, approves candidates, submits them to the City Commission for affirmation. Commissioner Carollo: Could read something that --? And this is where Commissioner Sarnoff and myself were on the same page: Nomination of Members. "The CIP shall appoint a CIP Nominating Committee to solicit and screen applications, interview potential candidates to be appointed for membership, and submit such candidates to the City Commission. The CIP, upon majority vote, shall submit nominations to the City Commission for appointments to fill vacancies on the CIP." So all appointments to the CIP should have been made with -- and I'm sorry, there's strikeovers and stuff -- "to maintain diversity and composition of the CIP set forth," blah, blah, blah. But the bottom line is this Nominating Committee is the one who nominates and vets -- Chair Gort: Right. Commissioner Carollo: -- and sends it to us to ratify. Mr. Aguirre: But that doesn't preclude -- Chair Gort: Excuse me. City ofMiami Page 104 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Mr. Aguirre: -- you from -- Chair Gort: Excuse me. Mr. Aguirre: -- suggesting names -- Chair Gort: Excuse me a minute. Excuse me a minute. Mr. Aguirre: -- to the Nominating Committee. Chair Gort: I recall, we had discussions here where we felt that a lot of the districts were not represented at the committee as board member, so we all came up with an idea. We should select people qualifiedfrom our neighborhoods and send the -- Commissioner Carollo: But we did and somewhere in the -- we have. Chair Gort: Well -- Commissioner Carollo: We did. And somewhere in that process, we have this. Chair Gort: Well -- Commissioner Carollo: But I'm not sure what -- do we have a Nominating Committee? It seems to me, from what you said, that they -- their term is up. Ms. Mendez: There's nothing that prohibits this Commission from sending either nominees to be on the Nominating Committee or candidates to be on the CIP that the Nominating Committee when, fully staffed, can vet. Commissioner Carollo: But I thought Nominating Committee was part -- was members from the CIP already there. Ms. Mendez: They are members from the CIP, but when you do not have enough to represent every district, then this Commission can give names for nominating. Commissioner Carollo: I'll tell you what, 'cause this is getting somewhat confusing. Is it possible to just bring it back as a discussion item? You know, I'll bring it back next Commission meeting; we could discuss it; and from there, see what's going on, because it seems right now that it's a little confusing, andl think there's some misunderstanding. Mr. Aguirre: Mr. Chairman. Chair Gort: Let me ask a question. Excuse me. Mr. Aguirre: Go ahead. Yes, sir. Chair Gort: The chairperson -- Mr. Aguirre: Yes, sir. Chair Gort: -- does he have enough person in there that he can create a Nominating Committee? Nominating Committee doesn't specify how many people have to be on the Nominating Committee. Julia Dawson: Yes, it does; five. City ofMiami Page 105 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Vice Chair Hardemon: Five. Commissioner Carollo: Five. Chair Gort: It's got to be five according to -- Mr. Aguirre: One from each district. Ms. Mendez: One from each -- Chair Gort: Seems to be five is the number in the City ofMiami for everything. I mean -- Mr. Aguirre: Yeah. Chair Gort: -- you got to have five people for everything. Mr. Aguirre: Mr. Chairman, Ms. Julia Dawson, Esquire, is here as a representative of the coalition. Couldl beg your indulgence and have her speak for a moment or two? Julia Dawson: Thank you, Mr. Aguirre and Commissioners, and good afternoon. The CIP's Nominating Committee is created by the chair of the CIP appointing who will be on that committee and who will chair it. The requirement is that there must be five on the committee and that of those five, each of the five districts must be represented by a panel member on that Nominating Committee. That Nominating Committee is then charged with the task of advertising vacancies on the CIP, receiving applications for those vacancies, vetting those candidates, interviewing them, and then making a selection which they then present to the entire CIP panel for approval. Once that has happened, those approved nominees are sent to the Commission for you to view and appoint to the CIP panel. The problem is that the Nominating Committee has not had five members, one from each district, because there is no one on the CIP panel from District 4. That is the first obstacle. The ordinance provides for a remedy for that should that occur, and the remedy is that a community representative can fill that slot on the Nominating Committee, even though they are not a member of the CIP panel, for the sole purpose of allowing the Nominating Committee to do its job. There has been, to my knowledge, no effort whatsoever by the Nominating Committee to find a person to fill the District 4 seat on the Nominating Committee so that it can function. The last time the Nominating Committee sent the Commission names for approval to the CIP was a full year ago. The chairperson of the CIP appointed a person to chair the Nominating Committee, whose term has expired, who has been there for more than six years. There are three other members on there. The fifth member is lacking. The job of seeing that this gets done is an administrative task. Administrative tasks are performed by the executive director; however, much of the work that the executive director is tasked with doing, to be very blunt about it, has been hijacked by the independent counsel. And in fact, he was just recently tasked with the job of correcting this very problem, which is an administrative task and not part of his authority, and basically solving a problem which he contributed to over the course of these last several years. The executive director is someone who is entirely competent. She is committed to civilian oversight. She has built civilian oversight panels from the ground up in Atlanta, Georgia, and in Eugene, Oregon. She is a consummate professional, and if she is allowed to do her job without the obstruction that has been present in that office for several years, I can guarantee you that you will have a functioning Civilian Investigative Panel that will carry out its mission. As a member of the community, I can tell you, the community is deeply invested in having a Civilian Investigative Panel. We created it. We have -- the coalition has monitored the Civilian Investigative Panel for three years. For three years, we have identified issues and problems and brought them to the Civilian Investigative Panel; they have not been addressed. We have been ignored. And we have now taken them to the powers that be in this City, and we are asking for your support to help get the CIP back and funchoning the way it was City ofMiami Page 106 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 intended to function and the way it can function under its new director. Chair Gort: Thank you, ma'am. Vice Chair Hardemon: Thank you. Ma'am Attorney. Chair Gort: Vice chairman. Vice Chair Hardemon: Do we need language where it would spell out that, basically, if your term has expired, then you are not allowed to, say, vote to be on a Nominating Committee or to elect a chairperson? Ms. Mendez: Presently, right now the CIP section says that no one -- you serve until you're replaced, and no one can serve past six years. So we have interpreted that when you serve more than six years, that's it, you're done, you're off the CIP. However, in order to get the CIP actually to appoint persons, we advised -- we spoke to the executive director, we spoke to their independent legal counsel, and believe on April 15 -- Mr. Clerk, is that the --? Todd B. Hannon (City Clerk): Yes, ma'am, that is the next date for the CIP meeting. Ms. Mendez: And on April 15, they're supposed to have persons that they can nominate and work on. If for some reason, that does not happen on April 15, then it'll be my recommendation that the persons that are no longer supposed to be on this after six years need to come off the board, and then it will be up to this Commission to try and see -- and the executive director, who has been giving notice that there are positions available, to reach out to be able to put persons on the Nominating Committee from each district and then be able to have them actually nominate persons for all of you to decide on. But there's nothing that precludes -- like the chairman was saying, there's nothing that precludes this body from saying, "Hey, I know these qualified candidates. I'm submitting them to this Nominating Committee so that they can make decisions, " and there's nothing that precludes this Commission from also telling members of your community to be part of the CIP Nominating Committee. Chair Gort: Now, my understanding is -- Aguirre, my understanding is you only need one from District 4. Once you have one from District 4, you can accept the nominations and make a recommendation. Ms. Dawson: And that person from District 4 does not have to have been appointed to the CIP panel. Commissioner Carollo: Right. Ms. Dawson: They can be a community representative. Chair Gort: That's what I'm hearing from my attorney. So District 4, we need one person. Ms. Dawson: May I also add the piece of information that is lacking, and that is there are those individuals who have held over more than their six years, but the person who is currently incoming and serving as the chair was deemed resigned twice because she ran for political office. And the ordinance requires that when you become a candidate for office, you are deemed resigned from your board. That happened in 2008. That happened in 2010. And she was not removed by anyone on the CIP or outside of the CIP. Commissioner Sarnoff. Why is it the CIP's job? Shouldn't it be the City Attorney's job? Ms. Dawson: I honestly don't know whose job it's supposed to be -- City ofMiami Page 107 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Commissioner Sarnoff. Madam City Attorney -- Ms. Dawson: -- and that's not clear in the ordinance. Commissioner Sarnoff. -- isn't that your job -- your function? Ms. Mendez: Well, at that point, I believe that it was not apparent to the City Attorney's Office or the Clerk's Office that this person had run. It's obviously something that the person needs to advise. Commissioner Sarnoff. Is it apparent to you now? Ms. Mendez: Yes, but this is the problem. If you deem everybody resigned right now, it's going to be twice as hard for you to get someone nominated, and that's why I have given a tentative deadline of April 15. And if not, everybody's resigned, but then this Commission is going to have to find a whole lot more people to place on that Nominating Committee. Ms. Dawson: But they are two different situations, ifI may. Those who are holding over are in a separate category from the individual I just mentioned, who, by ordinance, should have been removed. Andl understand that the City Attorney at that time may not have been notified, but I can assure you that the independent counsel in that office, who had assumed the authority of the executive director, knew; he donated to her campaign. Commissioner Sarnoff. Whoa. Ms. Dawson: So he was aware that she was a candidate. Commissioner Sarnoff. If that's true and that can be proven, then Madam City Attorney needs to take action, because -- Ms. Dawson: There's absolute proof. Commissioner Sarnoff. -- it's my understanding that you're in charge of that person. Ms. Mendez: I -- yes. Commissioner Sarnoff. So if, in fact, you've now learned a person who is charged with very few ordinances of the City ofMiami, we could agree to that, that his book of knowledge is not even a comic book of the City ofMiami ordinances. Ms. Mendez: What he's responsible for, you mean -- Commissioner Sarnoff. Right. Ms. Mendez: -- this independent counsel? Right, the CIP ordinance. Commissioner Sarnoff. And if it turns out to be true that he donated to her campaign -- was that right, a "her?" I didn't mean to --? Ms. Dawson: He donated to her campaign twice, and he donated to the chairperson's campaign, Tom Cobitz, once. Commissioner Sarnoff. All right. So if it turns out to be true that he allowed people to serve, despite -- he's charged with the knowledge, correct me if I'm wrong, of the ordinances for which City ofMiami Page 108 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 he's responsible. One of the ordinances that he is deemed to be responsible for is how long and how you serve on that board, correct? Ms. Dawson: Correct. Commissioner Sarnoff. So if it turns out that he disregarded his ordinances, wouldn't you then have cause to dismiss him? Ms. Mendez: I would have to investigate when -- Commissioner Sarnoff. Surmising the investigation occurs -- Ms. Mendez: Right. Commissioner Sarnoff. -- surmising -- Ms. Mendez: Because if the persons did not qualify for the position -- 'cause they're deemed to have resigned when they qualin, as a candidate, and you technically can have a campaign account open, you can have -- you know, say you're running and then you don't quali, you pull out, I would need to research that information. Commissioner Sarnoff. That's correct. Vice Chair Hardemon: May I, Mr. Chairman? Chair Gort: Yes, sir, you're recognized. Vice Chair Hardemon: Assuming that the person did quali, though, I would take it that that means that that person is ineligible to be serving on the board at this time because they gave up their seat to run for office. So even though they may be there now -- say, for instance, the independent counsel didn't remove them twice, the second time really to me -- the way that I would understand it doesn't matter -- because they forfeited their right to sit on the board when they qualified for whatever election that it was supposed to be there. So I say that to say, if we have those that are unqualified because of past actions, such as what we just discussed, and those that are also on the Commission -- I'm sorry -- on the board or the panel, rather, that are now being involved -- if they're cause -- if they are causing, say, a problem for the board and they're now sincerely and deeply involved in the selection of new people to be there, what worries me is that they're unqualified to serve because they've been there over six years. It troubles me that they're the people charged with now selecting the new membership. Ms. Mendez: Are they on the selection committee -- the Nominating Committee, these two individuals? Mr. Aguirre: Yes, that is correct. Ms. Dawson: No, no, only one. Ms. Mendez: The Nominating -- Mr. Aguirre: Oh, Ms. Michelle Delancy. One is, yes. Ms. Mendez: One. Ms. Dawson: Ms. Delancy chairs the Nominating Committee and she is over her term. Ms. McElroy is not on the committee, but she is chairing the CIP. City ofMiami Page 109 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Ms. Mendez: The question is, Did the two people that you are describing that are deemed unqualified because they ran for office, are either of those two people on the Nominating Committee? Ms. Dawson: No, they are not. And the second person, Mr. Cobitz, has resigned because he is going to be running. He has not qualified. Qualifying has not -- but he is still a member until his resignation takes effect, which I believe is at the end of the CIP meeting on the 15th. He will be at the CIP meeting on the 15th presumably voting, but he is not yet a candidate. Ms. Mendez: Right. When I say " qualiing, " that would be April 28. So Mr. Cobitz is planning to run for judge. He has not resigned at all because he is not deemed resigned because he has not qualified. So the first threshold question was that you asked are -- these people are not on the Nominating Committee. But what happens is if they are taken -- if they are deemed to have expired the term, then you will -- chances are, you will not have quorum, at all, when it comes to accepting the nominations of the Nominating Committee. Vice Chair Hardemon: And that was part of my question as to whether or not we need to create some type of system that addresses problems like this. So do we need to draft language? Ms. Mendez: Well, the -- right now, if this situation was not resolved with regard to the nominating by April 15 or a little thereafter when they nominated persons that could be on this board, in June, mid -June, the City Attorney's Office was going to bring legislation totally changing this process back to your appointments, just a cleaner, easier process, because unfortunately, what was tried to be done to be such an independent process has become a very cumbersome process to work with, period, so that is what we're bringing. And if it's the will of this board to bring it earlier, then that would be great as well. Chair Gort: My question -- Commissioner Carollo: Mr. Chairman. Chair Gort: -- once again, I keep hearing -- I heard it four times already. All we need is one individual from District 4 to be able to do the Nominating Committee. If we get that individual from District 4 and we each forward our recommendation -- I already forward my two, andl believe most of the Commissioners have, or they will -- then we can go ahead and have a nomination committee. Mr. Aguirre: That would be a good start, sir. Chair Gort: Okay. Ms. Mendez: Yes, absolutely. And then this Commission can make the appointments, and it would clear up the situation. But I also suggest, so that this doesn't happen again in the future, that legislation be brought. Chair Gort: Well, let's get this straighten out now, because right now the way it's going, it's not looking good to anyone. Because my understanding, the amount of phone calls that I receive has been tremendous, andl received a visit of all the coalitions [sic] and all the people that were there involved, so -- Ms. Dawson: HI may -- Chair Gort: Yes. City ofMiami Page 110 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Ms. Dawson: -- Mr. Chair? Chair Gort: Yes, ma'am. Ms. Dawson: There is one other wrinkle in the Nominating Committee. I'm sorry to have to tell you this. But there is supposed to be a representative from each district, as I said, and District 4 is missing. However, there are two representatives on the Nominating Committee who have some claim to representing District 2; one is Mr. Aedo, who was appointed to represent District 2; the other is Michelle Delancy, who was appointed back in, I think, 2007, before the requirement that there be representatives, two from each district, and who is deemed to be an at -large person. She cannot serve on the Nominating Committee as an at -large person because there are five spots, and there needs to be one from each district. Mr. Aedo was appointed to the Nominating Committee, and he is the representative from District 2. So the panel is going to have to designate another representative, and another chairperson for the Nominating Committee is going to have to be chosen, which -- since you recognized that the current chair is a holdover herself, it would be more appropriate to have someone chairing that committee, quite frankly, who is not a holdover and has no personal interest in whether the Nominating Committee functions or not. Chair Gort: Yes, sir, you're recognized. Mr. Aguirre: Thank you, Mr. Chairman. Vice Chair Hardemon: I'm looking at the list, right now the current representation. Do you have a copy of the same list that I'm looking at? So for the Mayor citywide, that person, are they over six years? Are they qualified? Are they --? Mr. Aguirre: The Mayor's -- hold on. I need my reading glasses here. Vice Chair Hardemon: You have -- Mr. Aguirre: I believe that the Mayor's designee, Ms. Barbara Gimenez, came on last year. Vice Chair Hardemon: Okay. Mr. Aguirre: Ms. Barbara Gimenez, Esquire, came on last year. Vice Chair Hardemon: District 1, is that person over six years? Mr. Aguirre: No, sir. That person's first third -- three-year term expired in December and is awaiting either a reinstatement for another three-year term or probably dismissed after my performance today. Vice Chair Hardemon: You can just tell me yes or no. District 2, over six? Mr. Aguirre: No. District -- Mr. Rolando Aedo is still eligible. Vice Chair Hardemon: District 3? Mr. Aguirre: Mr. Suarez was appointed, I believe, by Commissioner Carollo, and he still has more time on his clock. Vice Chair Hardemon: The next District 3. Mr. Aguirre: Ms. Grace Casas, attorney, still has time on her clock. City ofMiami Page 111 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Vice Chair Hardemon: District 5? Mr. Aguirre: Can't say for sure. Vice Chair Hardemon: Okay. Ms. Dawson: Both are recent appointments. Mr. Aguirre: Recent, yeah, okay. Right. ToddB. Hannon (City Clerk): They're both good to go. Mr. Aguirre: Yeah. Ms. Marilyn Lightbourn, another attorney, she's a recent appointee as well. Commissioner Carollo: Grace is mine. Mr. Aguirre: Grace is yours? Commissioner Carollo: Yes. Mr. Aguirre: Fine person. Commissioner Carollo: David and Grace are both my appointments. Mr. Aguirre: Okay, good choice. Vice Chair Hardemon: Police chief (UNINTET,TIGIBT,F). Mr. Aguirre: Good choice. Vice Chair Hardemon: The police chief? Mr. Aguirre: Mr. William Alvarez. I think he's only been there three years. Commissioner Carollo: He's good to go. Mr. Hannon: He is good -- Mr. Aguirre: And he serves at the pleasure for the Police Chief. Vice Chair Hardemon: And -- Mr. Aguirre: Mr. Cobitz, his term is expired. Ms. McElroy, her term expired in 2008. Ms. Delancy, her term is expired. Vice Chair Hardemon: Okay, so there are three with expired terms? Mr. Aguirre: Right. Vice Chair Hardemon: Two vacancies? Mr. Aguirre: Yeah. We don't have enough folks on this panel right now to have ineligible people. We need to make everyone count, especially if we're going to meet quorum for future meetings. City ofMiami Page 112 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Chair Gort: But you have six at this time? Mr. Aguirre: That's what we got. Chair Gort: You have six at this time? Mr. Aguirre: Yep, that's what it looks like. Chair Gort: Okay. But the one at large -- those six, you can get five to represent the -- Mr. Aguirre: That is correct, Mr. Chairman. Chair Gort: -- Nominating Committee? Mr. Aguirre: Yeah. Chair Gort: What is the quorum for regular meetings? Mr. Aguirre: I don't know. I don't know if it's a quorum of all eligible members or just -- I'd have to ask the City Attorney. I don't remember. Ms. Mendez: I believe it's eight, but give me one second. Vice Chair Hardemon: Eight? Mr. Aguirre: Yeah. Vice Chair Hardemon: I'm reading from what was passed out from the Clerk's Office. It says a quorum shall consist of seven members of the CIP. That's of the CIP. Ms. Mendez: Yes, seven. Chair Gort: We only have 11 members. It's going to take eight for a quorum. Mr. Aguirre: Yeah. Vice Chair Hardemon: Seven. Chair Gort: Seven. Mr. Aguirre: Yeah. But there're only 11 sitting members right now, so you're right. Chair Gort: Okay, but seven is a quorum. Mr. Aguirre: Seven is a quorum. Chair Gort: And according to the list that we've read here, you have seven people that are willing to work. Mr. Aguirre: Yeah. Chair Gort: Okay. Commissioner Sarnoff. The solution -- there is a solution, andl think you know it. So we just City ofMiami Page 113 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 need a District 4 person. You need to make some decisions. By the next time we meet, we'll -- you'll have some strategy formulated. Commissioner Carollo: That's why I said -- Ms. Mendez: I will give you -- yes, I'll give you the information that we have discovered. Chair Gort: Okay. Commissioner Sarnoff. Agreed. And like (UNINTET,TIGIBT,F). Chair Gort: And make sure you let District 4 know that we need one individual represented by him to make sure that it's part of the Nominating Committee, okay? Mr. Hannon: Chair, Commissioners, Madam City Attorney. Chair Gort: And the one person that they ran and did not resign. I mean, (UNINTELLIGIBLE). Ms. Mendez: Right. We'll look into that to see if they actually qualified, which I assume is Ms. McElroy. Chair Gort: (UNINTELLIGIBLE). Mr. Aguirre: McElroy. Ms. Bess McElroy. Ms. Mendez: And who else that supposedly ran and was not --? Mr. Aguirre: Only one. Mr. Cobitz will be running. I think -- Ms. Mendez: Right, but he has -- Mr. Aguirre: -- he's open -- Ms. Mendez: -- not qualified. Mr. Aguirre: I believe he's opened a campaign account -- Ms. Mendez: Right. Mr. Aguirre: -- but don't know if he's -- Ms. Mendez: But he's not qualified until April 28. Mr. Aguirre: That is -- Ms. Mendez: So the only one that we're looking at is Bess McElroy, correct? Mr. Aguirre: Yes, ma'am. Ms. Mendez: Okay. Mr. Aguirre: Thank you, Mr. Chairman. Chair Gort: Thank you. Keep up the good work. City ofMiami Page 114 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Ms. Dawson: Just one last comment. I want to thank you for having this discussion. I want to tell you that this community is committed to making the CIP work. I have already solicited folks to apply to sit on the panel. I will continue doing that, so will the other members of the coalition, so that there will be lots of applicants. I hope that each Commissioner will look in their district, and if there are individuals that you would like to see nominated, that you will forward -- ask them to forward their applications. And we will continue monitoring the CIP, and we will continue supporting the CIP in its work and its new executive director. Chair Gort: One last question andl quit. Your term is up for three years; who makes a recommendation to reappoint you? Mr. Aguirre: Well, sir, that's a good question. The good news is that my term is up. The bad news is that I'm still eligible for a second three-year term. Chair Gort: And you're going to get it, but (UNINTET,T IGIBT ,F) Mr. Aguirre: I feared that as I walked in. You have every right to submit my name to the nominating panel -- to the Nominating Committee, and if the Nominating Committee deems me worthy, they will send my name back to you for a ratification. Chair Gort: My question is, if you already a serving member, do we have to go through the whole process again? Ms. Mendez: No. Chair Gort: No. Ms. Mendez: You can reappoint at that point. Chair Gort: Mr. Clerk. Mr. Hannon: Sir, I have reached out to the City Attorney's Office, and it was explained to me that all nominations must come from the CIP, whether it's an appointment or reappointment, and Chair Gort: No, no. Ms. Mendez: Let's hold off on that, because I don't necessarily agree with that, so just give me a moment or I'll just -- I'll advise you -- Chair Gort: (UNINTELLIGIBLE). Ms. Mendez: -- I'll send an e-mail (electronic). Chair Gort: Have it together, because I want to make sure I reappoint the gentleman once again; let him suffer some more. Mr. Aguirre: Thankyou very much on both counts. Appreciate it. Thankyou, gentlemen. Chair Gort: Thankyou. BC.5 RESOLUTION 14-00304 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT City ofMiami Page 115 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate Member) (Alternate Member) 14-00304 CEB CCMemo.pdf 14-00304 CEB Current_Board_Members.pdf NO ACTION TAKEN BC.6 RESOLUTION 14-00305 NOMINATED BY: Commission -At -Large Commission -At -Large 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: Commissioner Marc David Sarnoff 14-00305 CRB CCMemo.pdf 14-00305 CRB Current_Board_Members.pdf 14-00305 CRB Memo and Resumes.pdf NO ACTION TAKEN BC.7 RESOLUTION 14-00306 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: Samaiyah Engram Vice Chair Keon Hardemon 14-00306 CSW CCMemo.pdf 14-00306 CSW Current_Board_Members.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-14-0143 Chair Gort: Okay, the -- let's go into boards, board nominations. City ofMiami Page 116 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Nicole N. Ewan (Assistant City Clerk): Yes. Good afternoon, Chair and Commissioner. We're going to start with BC.7. Vice Chair Hardemon will be appointing Samaiyah Engram. Vice Chair Hardemon: So moved. Commissioner Sarnoff. Second. Chair Gort: It's been moved and second. Any discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. BC.8 RESOLUTION 13-01248 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Guillermo Revuelta Chair Wifredo (Willy) Gort Christopher Norwood Vice Chair Keon Hardemon Evelio Torres Commissioner Frank Carollo 13-01248 EAB CCMemo.pdf 13-01248 EAB Current_Board_Members.pdf 13-01248 EAB Resumes.pdf Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-14-0144 Nicole N. Ewan (Assistant City Clerk): BC.8, Chair Gort will be reappointing Guillermo Revuelta; Vice Chair Hardemon will be reappointing Christopher Norwood; and Commissioner Carollo will be reappointing Evelio Torres. Commissioner Carollo: So moved. Commissioner Sarnoff. Second. Chair Gort: It's moved and second. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. City ofMiami Page 117 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 BC.9 14-00307 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez AFSCME 1907 AFSCME 871 IAFF FOP 14-00307 EOAB CCMemo.pdf 14-00307 EOAB Current_Board_Members.pdf DISCUSSED Nicole N. Ewan (Assistant City Clerk): BC.9, Equal Opportunity Advisory Board, AFSCME (American Federal, State, County, and Municipal Employees) 1907 will be appointing Sandra Carballosa. Chair Gort: Whose appointment is that? Ms. Ewan: That's AFSCME 1907. Chair Gort: AFSCME 1907. Ms. Ewan: Yes. Chair Gort: Do I have a motion? AFSCME 07 [sic], do I have a motion? Vice Chair Hardemon: So moved. Chair Gort: Moved by Vice Chairman Hardemon. Commissioner Sarnoff. No, I don't think it's a problem. Chair Gort: Do I have a second? City ofMiami Page 118 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Ms. Ewan: This -- I'm sorry. Commissioner Sarnoff. I just -- Commissioner Carollo: Go ahead, Commissioner Sarnoff. Commissioner Sarnoff. No. I think I'm going to say the same thing you -- Commissioner Carollo: Yeah. Commissioner Sarnoff. -- are, which is like I don't even know this person. Commissioner Carollo: Yeah, exactly. Commissioner Sarnoff. You're asking me to approve the person. I haven't seen a resume. I know nothing about this person. And while it may have been past practice, I don't think it was a good practice. Commissioner Carollo: You see, we are on the same page. Commissioner Sarnoff. We can be. We can be. Vice Chair Hardemon: I withdraw my motion. Ms. Ewan: Okay, we can pass the information onto 1907 what the request is -- Chair Gort: Yeah. Ms. Ewan: -- and they can brief the Commissioners. Chair Gort: Right. Commissioner Sarnoff. Who is this person? What do they do for a living? A little resume here or there. BC.10 RESOLUTION 14-00308 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chair Keon Hardemon Commissioner Marc David Sarnoff 14-00308 Finance CCMemo.pdf 14-00308 Finance Current_Board_Members.pdf NO ACTION TAKEN BC.11 RESOLUTION City ofMiami Page 119 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 14-00309 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Wifredo (Willy) Gort Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez 14-00309 Homeland CCMemo.pdf 14-00309 Homeland Current_Board_Members.pdf NO ACTION TAKEN BC.12 RESOLUTION 14-00310 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 14-00310 MIC CCMemo.pdf 14-00310 MIC Current_Board_Members.pdf NO ACTION TAKEN BC.13 RESOLUTION 14-00311 NOMINATED BY: Commissioner Frank Carollo Commission -At -Large 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: City ofMiami Page 120 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Wifredo (Willy) Gort Chair Wifredo (Willy) Gort Davie Madison Vice Chair Keon Hardemon 14-00311 MSEACCMemo.pdf 14-00311 MSEACurrent_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-14-0145 Nicole N. Ewan (Assistant City Clerk): BC.13, Miami Sports & Exhibition Authority. Chair Gort will be reappointing himself to the board; Vice Chair Hardemon will be appointing Davie Madison. Commissioner Carollo: So moved. Commissioner Sarnoff. Whoa, whoa, whoa, whoa, whoa. You have me on the board as your appointee. This is your chance. Chair Gort: No, no, no. Commissioner Carollo: I haven't named anyone. Chair Gort: You're still there. You're not going anywhere. Vice Chair Hardemon: (UNINTELLIGIBLE)? Commissioner Sarnoff. No, no, I -- you're not on the board. Are you on the board? Chair Gort: Yeah, he's on. Commissioner Sarnoff. Okay. Yeah, I didn't know. Commissioner Carollo: By the way, you know -- Chair Gort: (UNINTELLIGIBLE). Commissioner Carollo: -- I have good memories. You're the one who started this. Four years ago, you named me to MSEA (Miami Sports & Exhibition Authority). You're the one who started this. Commissioner Sarnoff. I know, but I graciously let you off. Chair Gort: Any further discussion? Being none, all in favor state it -- Ms. Ewan: I have a motion. I don't have a second? Commissioner Sarnoff. Second. Chair Gort: Second by Commissioner Sarnoff. All in favor, state it by saying aye." City ofMiami Page 121 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 The Commission (Collectively): Aye. BC.14 RESOLUTION 14-00312 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: Monique Messer Vice Chair Keon Hardemon Jonathan Burgess City Manager Daniel Alfonso Devin Cejas City Manager Daniel Alfonso Margarita Fernandez City Manager Daniel Alfonso Michael Rosenberg City Manager Daniel Alfonso 14-00312 PRAB CCMemo.pdf 14-00312 PRAB Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-14-0146 Nicole N. Ewan (Assistant City Clerk): BC.14, Parks and Recreation Advisory Board. Vice Chair Hardemon will be appointing Monique Messer. The City Manager Alfonso will be reappointing Jonathan Burgess, Devin Cejas, Margarita Fernandez, and Michael Rosenberg. Commissioner Carollo: So moved. Commissioner Sarnoff. Second. Chair Gort: There's a motion and a second. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. BC.15 RESOLUTION 14-00313 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: City ofMiami Page 122 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Chair Wifredo (Willy) Gort Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez 14-00313 UDRB CCMemo.pdf 14-00313 UDRB Current_Board_Members.pdf NO ACTION TAKEN BC.16 RESOLUTION 14-00314 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mavrikis Bolden Vice Chair Keon Hardemon Richard Townsend Commissioner Francis Suarez 14-00314 VKBPT CCMemo.pdf 14-00314 VKBPT Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-14-0147 Nicole N. Ewan (Assistant City Clerk): BC.16, Virginia Key Beach Park Trust, Vice Chair Hardemon will be appointing Mavrikis Bolden and Commissioner Suarez will be reappointing Richard Townsend. Commissioner Carollo: So moved. Vice Chair Hardemon: Second. Chair Gort: It's been moved. Is there a second? Moved and second. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. City ofMiami Page 123 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 BC.17 14-00315 Office of the City Clerk DI.1 14-00253 Department of Police Ms. Ewan: That completes the board appointments. Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 14-00315 WAB CCMemo.pdf 14-00315 WAB Current_Board_Members.pdf NO ACTION TAKEN NOMINATED BY: Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo END OF BOARDS AND COMMITTEES DISCUSSION ITEMS DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 14-00253 Cover Page.pdf DISCUSSED Direction by Commissioner Sarnoff to the City Manager for the Police Chief to provide a report on the status of hiring of police officers at the first meeting of every month, no longer requiring that said report be placed on the agenda for every Commission meeting. Commissioner Sarnoff What's left? Chair Gort: Discussion items. Commissioner Sarnoff Ah. You got the chief here? Chief how we doing? On schedule, on par, ready to go? Manuel Orosa (Chief of Police): Good afternoon again. Commissioner Sarnoff I didn't get your memo, by the way. I didn't get it. Chair Gort: It was -- Commissioner Sarnoff Sent out? City ofMiami Page 124 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Chair Gort: -- sent by e-mail (electronic). I received it. Commissioner Sarnoff. You have an extra copy I could just look at real quick? Chief Orosa: Here, you can have mine. Chair Gort: Go over what you do with it. Chief Orosa: Commissioners, as of the last Commission meeting, we hired three more officers. We're still working on the first batch of the list. We have 54 currently in the process going through the backgrounds. The majority of those people will probably be hired, because they're in the latter stages, and the latter stages of the hiring process is when we eliminate less people. We have -- next week, the next batch of 362 coming in for orientation, and we'll start that batch next week. Commissioner Sarnoff. So that batch has been advertised and you already have applicants? Chief Orosa: Yeah. Remember, we had 1,500 applicants, and out of that, 13 and change made it, and then we're breaking them into thirds. So like I said, next week we'll have the second batch. We just graduated a class of 20; out of that 20, 17 were ours; 3 were independent. And we will be swearing in in May 12 -- actually, in about a month, we'll be swearing in another 25 officers. We are down three detention officers. We're awaiting the interviews -- I'm sorry. We have three applicants for detention officers that can be hired, but we only have two vacancies, so we have to do interviews to select the two candidates. Commissioner Sarnoff. I apologize, Chief. I try to make notes on what you say. You said May, we'd have how many people hired? Did you say `May"? Chief Orosa: In May we're going to be swearing in 25. Commissioner Sarnoff. Twenty five. So in May you're going to hit -- you'll be at 1,143, which is one away from the previous allocation. You've never hit 1,144, have you? Chief Orosa: No. We've never been fully, fully staffed. It is my guess that we will be fully staffed at 1,144 this year. We will surpass that with this list and reach the 1,179 that the Commission so graciously gave us the extra people. Commissioner Sarnoff. In September, right, was the date you said, give or take? Chief Orosa: Give or take; could be a month or so more into the year. Commissioner Sarnoff. Right around budget time. Chief Orosa: Right around budget time. And like next year's budget, we've allocated more officers. It's just a matter of the Commission approving the budget. Commissioner Sarnoff. A hundred officers? Chief Orosa: Well, that's up to the Commission to -- Commissioner Sarnoff. No, I understand, but -- Chief Orosa: -- allocate. City ofMiami Page 125 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Commissioner Sarnoff. -- I haven't heard anybody say not one hundred. Chief Orosa: Like I said, that's up to the Commission. Commissioner Sarnoff. I'm just saying, I'd hate to hear -- I'm just giving you my position, not anyone else sitting here. Trust me, not anyone else sitting here. But don't want to hear, "Hadl planned for it back in April, Commissioner, I could have done that." I want to hear that you're planning for 100 positions October 1, 2014, additional positions, net new positions, not demoting anyone or taking any civilian positions; net new positions. Chief Orosa: If I'm given the money, we will strive to continue hiring as many as the Commission gives us. Commissioner Sarnoff. Yeah. Chair Gort: Okay, question. Chief Orosa: Yes, sir. Chair Gort: You get the funding. How long it's going to take you to hire 100 police officers? Chief Orosa: Probably about a year. Remember, last year it took us a whole year, and we hired 110. That is -- Chair Gort: That could be worked into two different budgets. Chief Orosa: Like I said, that's up to the Commission to decide. Commissioner Sarnoff. Yeah, yeah. Go on. It's not the full -- Chair Gort: Let's be realistic. Commissioner Sarnoff. That's not the full 10, you're right. Chair Gort: The process that we have to go through, we would like to have 100 policemen right now; we can't do it even if we had the funding, because the process we have to go through, it takes at least five, six month? Chief Orosa: To hire -- Chair Gort: To hire -- Chief Orosa: -- a single -- Chair Gort: For a new list. Chief Orosa: No. About three months total. About three months, but not 100. We don't have the capability right now to hire 100 in three months. We haven't even -- Chair Gort: The thing we need to look at also is when we making this decision and consulting with the Budget Department is it doesn't have to come out of one budget. It might be able to come out of the two budgets, okay? Commissioner Sarnoff. No, I don't deny that. But I don't recall, Mr. Chair, how many people resigned next year -- DROP (Deferred Retirement Option Plans). City ofMiami Page 126 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Chair Gort: DROP. Commissioner Sarnoff. I'm sorry. Right. Chair Gort: Well, that's the one thing I requested I think about a month ago, the successor plan from every department, 'cause right now we have a lot of people leaving. They keep saying "we're leaving," and we still have a problem sometimes in hiring individual because of the process that we have. Like I stated before, number five is the key number in the City ofMiami. For anything you want to do here, you got to have five people to do interview and to do everything. So I need the plan -- Mr. Manager, we need the plan for every directors; what are they doing to make sure that we have qualified people once the other ones leave? Chief Orosa: One thing that I would like to add that, you know, prior to when I came on board, we hired 16 in a year, and you know, right now we got the capability of hiring over 100 in a year. Chair Gort: Chief I'm not taking anything away from you. I think -- Chief Orosa: No, no. Chair Gort: -- you're doing a good job and being here every two weeks and going through this whole thing itself is pretty good, and we've seen some improvement. Commissioner Sarnoff. If you want, Mr. Chair, I'll relinquish this to the first hearing of every month so that he doesn't have to come and spend the day here. Chief Orosa: I don't mind. It's fun. Daniell Alfonso (City Manager): We would appreciate that, Commissioner. Chair Gort: He has no (UNINTELLIGIBLE). Chief Orosa: Going through the process. Mr. Alfonso: He wants it once a month, Commissioner. Commissioner Sarnoff. No. I know you, Mr. Manager. Mr. Alfonso: No. He wants it once a month. He told me. He told me he wants it once a month. Chief Orosa: I want it once a month, okay. Commissioner Sarnoff. There you go. See now, if you could just teach Madam City Attorney how to do just like that -- she had an opportunity; she just -- she let the bird fly right out of her hand. Chair Gort: Okay. Vice Chair Hardemon: For those -- Chair Gort: Vice Chairman. Vice Chair Hardemon: -- officers -- City ofMiami Page 127 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 Mr. Alfonso: Commissioners -- I'm sorry. Vice Chair Hardemon: For those applicants, rather, who applied to become a police officer, they get selected, and they say failed the -- or -- I don't know if that's the term -- the wording you use. But they do not pass the psychological test, how long is it after they have not passed it are they allowed to take it again to pass it? Chief Orosa: One year. Vice Chair Hardemon: One year? Chief Orosa: Yes. From the date they get disqualified, all we request is for them to wait a year and then reapply. Vice Chair Hardemon: And for those -- for the psychological examination, what are some of the things that would cause you to fail that examination? I ask because, of course, it's one of the things that disqualifies people, and a lot of people need jobs, right. And I've heard of people who did not pass the Miami examination and they have to wait. And mean, it's just -- knowing so many people that could be police officers, they have the background, but then fail at this point, I'm just wondering (UNINTELLIGIBLE). Chief Orosa: And I've heard that too. Particularly, there is a friend in Overtown that his son failed recently, and you know, we've all known that young man -- and college football star, and I've heard this before. It's just that this process is really out of our hands. It's up to a doctor. But Junior can explain more. Vice Chair Hardemon: Please. Armando Aguilar: Good afternoon. Armando Aguilar, executive assistant to the Chief. The psychological exam is broken up into two parts. The first part is a personality inventory. The second part comes after the conditional offer of employment; deals more with mental health history, past substance abuse, things that are protected by the ADA (Americans with Disabilities Act) that you can't ask before the conditional offer. Our requirements are among the most stringent, at least locally. We used to have a system where it was on a scale of 1 to 5, we would take anything that was a 3 or above, and we had some problems with a few hires at that time. So we've moved to now a pass or fail system. And there are still departments that utilize the point system, where 3 is represented as marginal, and we're not too crazy about hiring people who come out as psychologically marginal. Vice Chair Hardemon: So with what you just expressed to me, 1 to 5, 3 in the point system is marginal, but it is still passing. When you tell me something is pass/fail, the only time that it really makes sense to me is if it is pass/fail. To go from a number system to that, is it -- if you were in school and you had a GPA (Grade Point Average). So considering the fact that there is no GPA, what makes -- what number then becomes your pass/fail? Mr. Aguilar: Not necessarily a number. There are 14 personality dimensions that are tested in the first psychological test, and if you have any mild or moderate deficits in those areas, you're usually okay. But if you have what the doctor determines to be a significant deficit in any of the 14, it's a disqualifier. Vice Chair Hardemon: Could you provide me with -- or this Commission -- 'cause I would like to know just a little bit more about that examination. I don't know how far you can get into it, but just so I can see better what it is that people have to go through in that part, both the first part and the second part, to become a police officer. And the next question I have for you -- that's one. I need you to do that for me. The next question I have for you is what are the number -- City ofMiami Page 128 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 compare -- when you compare the first part of the psychological exam to the second part, where are most people disqualified? Sergeant Aguilar: The first. It's very rare for anybody to fail the second part. And to address the first question, we'll gladly provide a book. It's about -- or a booklet. It's maybe about 14 pages that's prepared by the psychological exam vendor that explains the process, explains what they're looking for in each dimension. Vice Chair Hardemon: And how many doctors are you using to actually -- to give that part -- that first part of the test? How many different types of doctors? Sergeant Aguilar: The -- part of the test is a written exam, a written psychological exam, the "California Personality Inventory," and the name of the second exam escapes me right now. And then it's a one-on-one with a licensed clinical psychologist who then sits down with another clinical psychologist to go over the findings and come up with a determination. Vice Chair Hardemon: So my question -- I'm sorry, Mr. Chairman. Chair Gort: No, go ahead. Vice Chair Hardemon: Are you using the same two psychologists, or do you have a team of psychologists that you rotate through? Sergeant Aguilar: It's a team. None of them are our employees. They're -- they all work for the vendor. Vice Chair Hardemon: For the vendor. Sergeant Aguilar: Yes, sir. Vice Chair Hardemon: So -- but we're not sure of exactly how many there are? Sergeant Aguilar: They list all of them on the website. It's, I want to say, about four or five. Vice Chair Hardemon: So I look forward to the information so I can learn little bit more about it. Commissioner Sarnoff You know, we can send you to the civil -- they have a civilian school for the police academy. Vice Chair Hardemon: I can do that? Commissioner Sarnoff You can. Commissioner Carollo: I've passed it twice. You can do that. Vice Chair Hardemon: You've passed it twice? Commissioner Carollo: Yep. Vice Chair Hardemon: So that mean I have to pass it four times to beat you. Commissioner Carollo: I don't know. Chief Orosa: And Commissioner, to clam something, we used to be -- we used to ask the City ofMiami Page 129 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 psychologist, `yes, " "no, " "maybe. " We would hire the `yes" and the "maybes." We ran into a lot of problems with the "maybes," where the City got sued and stuff like that for actions that the lhaybes'took. Right now it's "yes" or "no. " Tell us "yes" or "no." So we're only hiring the Vice Chair Hardemon: From the psychological? Chief Orosa: From the psychological, right. We eliminated the "maybes" because that's what caused us problems. Commissioner Carollo: So 'Yeses." Chair Gort: Okay. Commissioner Sarnoff. Commissioner Sarnoff. Do I have something on the agenda? Chair Gort: Anyone else have pocket items or --? Commissioner Carollo: No, we have -- hold on. We have DI.2 and 3. Mr. Alfonso: Yes. While our Finance director comes up, ifI may make a comment, Commissioners. Mr. Chairman. Chair Gort: Yes. Mr. Alfonso: May I? In terms of the -- following up with the department directors to make sure that we're preparing for the changes that are coming in personnel, as part of the budget process -- and we've already met with 22 departments of the City -- that is a question that we pose to all directors, and we're offering everybody the opportunity to make sure that they look at their personnel, and to the extent that they need to start recruitment and things like that in order to prepare for those people leaving, we're making that available. So -- Chair Gort: Thank you. Mr. Alfonso: -- we're taking care of that. DI.2 DISCUSSION ITEM 14-00227 Department of QUARTERLY UPDATE OF NON -REIMBURSABLE GRANT EXPENDITURES Finance FOR 4TH QUARTER ENDING SEPTEMBER 30, 2013. 14-00227 Summary Form.pdf 14-00227 Memo - Non -Reimbursable Expenses.pdf 14-00227 Back -Up from Law Dept.pdf DISCUSSED Commissioner Carollo: And before we begin with the quarterly non -reimbursable grant expenditures, the only thing I'm requesting is that we actually do it quarterly. There's no reason why we should have to do two quarters in one shot, so. Jose Fernandez (Finance, Director): Okay. Commissioner Carollo: Andl know, you know, you're relatively new, soI want to make sure that we actually do it quarterly and not, you know, have it bunched up and then all at once. City ofMiami Page 130 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 DI.3 14-00230 Department of Finance DISCUSSION ITEM QUARTERLY UPDATE OF NON -REIMBURSABLE GRANT EXPENDITURES FOR 1ST QUARTER ENDING DECEMBER 31, 2013. 14-00230 Summary Form.pdf 14-00230 Memo - Non -Reimbursable Expenses.pdf 14-00230 Back -Up from Law Dept.pdf DISCUSSED Note for the Record: Please see item DI2 for minutes referencing this item. Commissioner Carollo: Is there any -- non -reimbursable --? Jose Fernandez (Finance, Director): No, Commissioner. The reason we did it -- Commissioner Carollo: Okay, good. Mr. Fernandez: -- the only reason we did it -- two together is because we were waiting -- we were going through the audit, in the event that anything was brought up during the audit that was for September 30, so that's the reason there's two, but normally, we only bring one at a time so. Commissioner Carollo: Fair enough. Mr. Fernandez: Okay. Commissioner Carollo: Thank you. Good. Chair Gort: Anything else? Commissioner Carollo: I'm good. Chair Gort: Everybody's good? Motion to adjourn? Commissioner Carollo: So move. Commissioner Sarnoff. So move. Vice Chair Gort: Okeydoke. Thank you all. Have a good one. Drive safely. Be careful. DI.4 DISCUSSION ITEM 14-00289 City Manager's Office DISCUSSION REGARDING SUBMERGED LANDS. 14-00289 Summary Form.pdf 14-00289-Submerged Lands -Power Point Presentation.pdf NO ACTION TAKEN END OF DISCUSSION ITEMS MAYOR AND COMMISSIONERS' ITEMS City ofMiami Page 131 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 D2.1 14-00291 D4.1 14-00290 CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 CHAIR WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF DISCUSSION ITEM DISCUSSION REGARDING THE CITY'S INABILITY TO ACCEPT PAYMENT FOR SPECIAL EVENTS AND PARK PERMITS BY CHECK OR CREDIT CARD. 14-00291 E-mail - Discussion Item.pdf NO ACTION TAKEN END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ DISCUSSION ITEM DISCUSSION REGARDING SQUATTERS. 14-00290 E-mail - Discussion Item.pdf 14-00290 Back -Up Documents.pdf NO ACTION TAKEN END OF DISTRICT 4 DISTRICT 5 VICE CHAIR KEON HARDEMON City ofMiami Page 132 Printed on 6/11/2014 City Commission Meeting Minutes April 10, 2014 ADJOURNMENT END OF DISTRICT 5 The meeting adjourned at 5: 02 p.m. City ofMiami Page 133 Printed on 6/11/2014