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HomeMy WebLinkAboutCC 2012-04-26 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 1 r V d1C1Re 4RATtI V. 4r r3 i'e � �.2- Meeting Minutes Thursday, April 26, 2012 9:00 AM PLANNING & ZONING City Hall Commission Chambers City Commission Tomas Regalado, Mayor Francis Suarez, Chairman Marc David Sarnoff, Vice -Chairman Wifredo (Willy) Gort, Commissioner District One Frank Carollo, Commissioner District Three Michelle Spence -Jones, Commissioner District Five Johnny Martinez, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes April 26, 2012 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM -APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City ofMiami Page 2 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gort, Vice Chair Sarnoff, Commissioner Carollo, Chair Suarez and Commissioner Spence -Jones On the 26th day of April 2012, 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 Suarez at 9:00 a.m., recessed at 12: 03 p.m., reconvened at 2: 00 p.m., recessed at 2: 01p.m, reconvened at 2: 08 p.m., recessed at 2: 27 p.m., reconvened at 2: 42 p.m., and adjourned at 5: 58 p.m. Note for the Record: Commissioner Carollo entered the Commission chambers at 9: 05 a.m. and Commissioner Spence -Jones entered the Commission chambers at 9:10 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Priscilla A. Thompson, CMC, City Clerk Chair Suarez: Welcome to the April 26, 2012 meeting of the City ofMiami Commission in these historic chambers. The members of the City Commission are Marc David Sarnoff, the Vice Chair, recently returning from great Brazil; Commissioner Frank Carollo, Commissioner W fredo "Willy" Gort, Commissioner Michelle Spence -Jones, and myself, Francis Suarez, the Chairman. Although, I think we have two chairmen because Commissioner Gort's also the chairman. Also on the dais are Johnny Martinez, the City Manager, Julie O. Bru, the City Attorney, and Priscilla A. Thompson -- you're here -- the City Clerk. The meeting will begin -- will be opened with a prayer by Commissioner Gort and the pledge of allegiance by Commissioner Sarnoff. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 12-00452 PRESENTATION Honoree Municipal Clerks Week Green Springs High Presenter Protocol Item Mayor Regalado Proclamation & Commissioners Chairman Suarez Salute/Certificates & Commissioner Gort Miami Police Department Chairman Suarez Certificates/Merit Lazaro Fernandez/1895 Guillermo Sanchez/6281 Michael Alvarez/27501 Alan Galecio/27561 Lazaro Fernandez/1946 Arnold Yen/7910 Andres Betancourt/371 Tamekeal Sharpe/27580 City ofMiami Page 3 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Asst. Chief Roque Chief Oroso Believe Campaign Commissioner Certificates/Merit Artists / Dept Directors Spence -Jones 12-00452 Protocol Item.pdf PRESENTED 1) Mayor Regalado and members of the Miami City Commission paid tribute to Municipal Clerks Week by recognizing the Office of the Municipal Clerk as the professional link that connects citizens, the local governing body and agencies of government at various levels; further acknowledging the Office of the Municipal Clerk as a cornerstone of our democracy, honoring the vital services it performs and its exemplary dedication to our community. 2) Chair Suarez paid tribute to Green Springs High School for its significant contributions in support of the City's mission to transform our neighborhoods; further applauding the school's leadership and in the Special Clean -Up efforts between NW Seventh and Eighth Streets on NW Thirty -Fifth Court. 3) In honor of National Landscape Architecture Month, Vice -Chair Sarnoff saluted The Florida Chapter of the American Society of Landscape Architects and recognized their efforts to educate the public on the role of landscape architecture in elevating the quality of public health. 4) Chair Suarez commended various members of the City ofMiami Police Department in appreciation of their diligence, hard work and follow-up in the execution of duties as Peace Officers; further recognizing their dedication to the citizens ofMiami as evidenced by their thoroughness in investigation and response to a recent burglary and home invasion. 5) In honor of National Arbor Day, Commissioner Spence -Jones applauded the participants of the Green Miami Campaign, which encourages neighborhood groups and individuals to plant trees and improve the urban canopy and supports the City's goal of increasing its tree canopy by thirty percent within the next ten years. 6) The Members of the City Commission presented commendations to various City Directors as part of the Believe Campaign, for their ability to empower, inspire, and transform those around them as follows: Jessica Capo, Interim Director of Code Enforcement; Mariano Fernandez, Building Director; Francisco Garcia, Planning Director; Albert Sosa, Director of CIP; George Mensah, Director of Community Development; Nzeribe Ihekwaba, Public Works Director; Haydee Wheeler, NET Director; Juan Pascual, Interim Director of Parks; Daniel Alfonso, Director ofManagement and Budget; and Kenneth Robertson, Purchasing Director. 7) As part of the Believe Campaign, Commissioner Spence -Jones recognized City employees that participated in the art exhibits at the Miami Riverside Center (MRC) and City Hall, as follows: Perla Gonzalez; Rafael Duharte; Pablo Canton; Carlos Herrera; Ramon Camayd; Humberto Mures; Maria Ason; and Napier Velazquez. Chair Suarez: We will now present the proclamations and presentations, andl want to thank my colleagues who are here on time. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETING: City ofMiami Page 4 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Motion by Vice Chair Sarnoff, seconded by Commissioner Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones MAYORAL VETOES Chair Suarez: We will now proceed to -- with the approval of the minutes from the Planning and Zoning meeting of March 22, 2012. Is there a motion? Moved by the Vice Chair. Is there a second? Commissioner Carollo: Second. Chair Suarez: Second by Commissioner Carollo. Any discussion? All in favor, signift by saying "aye." The Commissioners (Collectively): Aye. END OF APPROVING MINUTES NO MAYORAL VETOES Chair Suarez: Madam Clerk, are there any mayoral vetoes to report at this time? Priscilla A. Thompson (City Clerk): No, sir. There are none. Chair Suarez: Thank you. ORDER OF THE DAY Chair Suarez: Madam City Attorney. Julie O. Bru: Good morning, Mr. Chair, members of the Commission, Mr. Manager, Madam City Clerk and members of the public. Good morning again. Chair Suarez: I'm sorry, Madam Attorney, ifI can interrupt you for one second. There's going to be a breakfast for the recipients of the awards in Commissioner Spence -Jones office now. So thank you. Sorry. Ms. Bru: Okay. Any person who's a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the code section about lobbyists is available in the City Clerk's office. The material for each item on the agenda is available during business hours at the City Clerk's office and online at ww.miamigov.com [sic]. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. Please, no cell phones or other noise -making devices. Silence them now. Any person who makes offensive remarks or becomes unruly will be barred from attending meetings in the future. And anyone with a disability that requires auxiliary aids, please see the City Clerk. Thank you, Mr. Chair. [Later...] Chair Suarez: We will proceed with the order of the day. Does any Commissioner wish to continue, defer or withdraw any item from the regular agenda or the consent agenda? Commissioner Carollo: Mr. Chairman. City ofMiami Page 5 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Chair Suarez: Commissioner Carollo, you're recognized. Commissioner Carollo: RE.3, if we could defer it to the next meeting. Commissioner Spence -Jones: RE.3? Commissioner Carollo: Yes. Commissioner Spence -Jones: (UNINTET,T IGIBT ,F). Commissioner Carollo: To the next meet -- no. No, I'm actually deferring it to the next meeting. Chair Suarez: Anything else? Commissioner Gort: CA.6, I'd like to pull it. Chair Suarez: You'd like to pull it out of the consent agenda? Okay. Commissioner Spence -Jones: CA.5. Vice Chair Sarnoff CA (Consent Agenda) -- Chair Suarez: CA.5, okay. Vice Chair Sarnoff CA.4, please -- Chair Suarez: Okay. Vice Chair Sarnoff -- to discuss. Chair Suarez: Can we have first a motion on the --? Well, let me ask the Administration. Are there any items that you'd like to defer -- Johnny Martinez (City Manager): Yes. Chair Suarez: -- or withdraw -- Mr. Martinez: Yes. Chair Suarez: -- or continue? Mr. Martinez: FR.2 -- that's on the MPA (Miami Parking Authority) item -- we'd like to defer it to May 24. Commissioner Gort: Which one? Mr. Martinez: FR.2. Chair Suarez: Got it. Mr. Martinez: That's the MPA item. Also, RE.4, the Olympia settlement. The City Attorney wishes to continue it to May 10. Chair Suarez: Okay. City ofMiami Page 6 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Mr. Martinez: RE.5, also continue it to May 10. Chair Suarez: Anything else? Yes, Commissioner. Commissioner Gort: FR.2, my understanding is the first reading for the ordinance. Some people were saying that we are going to put advertisement in the trees and all that. I understand we not going to do that, but I want to make sure at least we state although we will not discuss it today, we want to make sure that you state it, what the use is going to be or what it's proposed to be. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, Commissioner Carollo, you're recognized. Well, let me let Commissioner Gort finish and then -- Commissioner Gort: I just want to make sure we clear the room 'cause you know how it is. You start with this, all of a sudden we going to put it on all the sidewalks and everywhere. You can't walk in the City ofMiami without bumping into an advertisement. So I want to make sure we at least state what the intention is. Thank you. Chair Suarez: Thank you, Commissioner. Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. Actually, can we take FR.2 as a deferral item separately? In other words, can we defer the rest of the items and then -- Chair Suarez: Yes. Commissioner Carollo: -- we'll come back to FR.2? Chair Suarez: Yes. Commissioner Carollo: I would like some discussion on it. Chair Suarez: Yes. We'll get to FR.2 when we get to it, and then we'll discuss it or defer it or whatever. Commissioner Carollo: Right. Chair Suarez: Take action on it. Commissioner Carollo: In other words, instead of -- Commissioner Spence -Jones: Yeah, 'cause I thought we -- is the item deferred? Are we deferring? Chair Suarez: Well -- Chair Spence -Jones: Or you want to have just some discussion? Chair Suarez: -- he just wants to have some very -- I think you just want to have some very -- Commissioner Carollo: Yes. Can -- In other words, we're clumping all these items together for a deferral. What I'm saying is, don't put this one in all these items. Let's do the whole deferral of all the items except this one, and then we'll speak about this one afterwards, if possible. City ofMiami Page 7 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Chair Suarez: Okay, so for clarity's sake, we are deferring -- and I'm going to need a motion -- Commissioner Spence -Jones: So moved. Chair Suarez: -- RE.3. We are continuing, if I'm not mistaken, RE.4 and RE. 5. And we are holding off on the discussion of deferral ofR -- ofFR.2 until some later point. Is there a motion -- is there a second to the motion? Vice Chair Sarnofff. Second. Chair Suarez: Second by the Vice Chair. All in favor, signift, by saying aye.' The Commissioners (Collectively): Aye. [Later..] Chair Suarez: Let's go to DI.4, the One Stop Career Center, Lindsey Hopkins discussion. Commissioner Spence -Jones: Mr. Chairman, while they're doing that, is Flagstone here? Chair Suarez: Flagstone is going to be at 2 p.m. time certain. Commissioner Spence -Jones: Okay. Chair Suarez: Andl was thinking of doing the charter amendment and the discussion item on my charter amendment after in the afternoon, if it's okay with you. Commissioner Gort: Don't we have a -- Chair Suarez: I'm sorry? Commissioner Gort: -- CRA (Community Redevelopment Agency) meeting? Chair Suarez: We'll have a CRA meeting as well, yeah. Commissioner Carollo: Can we do it now? Chair Suarez: Well, let's do this discussion item on Lindsey Hopkins and then -- we can't do the CRA until later? Priscilla A. Thompson (City Clerk): The CRA was scheduled to begin at 12 p.m. or thereafter. That's what was advertised. Chair Suarez: Okay, so it'll be after lunch because I have to go somewhere at 12 so -- okay. [Later..] Chair Suarez: On time. It's 2 o'clock. Unfortunately, we don't have a quorum, so we can't conduct any business. But thank you all for being here on time, and we will begin the agenda as soon as we have -- There's nothing housekeeping wise that we can do right now that doesn't require a quorum. No? Okay. We have a fairly light afternoon, hopefully. We have a couple of time certains. At 2 p.m., we're going to do the Flagstone. At 3 o'clock, we're going to open up to the CRAs (Community Redevelopment Agencies). And what I'll probably do once we have a quorum is open up the P&Zs (Planning & Zoning) so that if there's any deferrals, we can go ahead and take that up right away and not have people waiting here. We also have a P&Z item City ofMiami Page 8 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 that is set right now currently for 5 o'clock, which is PZ.7, and then we have Discussion Item 2, which is the Belle Meade discussion item, that is set for 5: 30. So as soon as we have a quorum, we will continue forward. Thank you. City ofMiami Page 9 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 CA.1 12-00350 Bayfront Park Management Trust CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID RECEIVED SEPTEMBER 19, 2011, PURSUANT TO INVITATION FOR BIDS NO. 275276-2, FROM FEDERAL TACTICS SECURITY, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROVISION OF CROWD MANAGEMENT AND PARKING PERSONNEL SERVICES FOR THE BAYFRONT PARK MANAGEMENT TRUST (TRUST), ON AN AS -NEEDED BASIS, FORA PERIOD OF ONE (1) YEAR, WITH THREE (3) ONE (1) YEAR OPTIONS TO RENEW; ALLOCATING FUNDS FROM THE TRUSTS OPERATING BUDGET, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 12-00350 Summary Form.pdf 12-00350 Bid Security List.pdf 12-00350 Tabulation of Bids.pdf 12-00350Addendum No. 2.pdf 12-00350 Invitation for Bid - 275276,2.pdf 12-00350 Sourcing - 1.pdf 12-00350 Electronic Articles Incorporation.pdf 12-00350 Detail By Entity Name.pdf 12-00350 Certificate of Use.pdf 12-00350 Letter - Invitation for Bid.pdf 12-00350 Wells Fargo - Custom Business Checking.pdf 12-00350 Reference Check.pdf 12-00350 Federal Tactics Security Inc.pdf 12-00350 Business Tax Receipt 2011.pdf 12-00350 Invitation for Bid - 275276,1.pdf 12-00350 Certificate of Liability Insurance.pdf 12-00350 Sourcing - 2.pdf 12-00350 Business Tax Receipt - City of Oakland Park.pdf 12-00350 Legislation.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones CA.2 12-00351 Department of Police R-12-0169 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "MIAMI-DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE COUNTYWIDE PRISONER PROCESSING PROJECT, AND APPROPRIATING FUNDS, CONSISTING OF A GRANT FROM THE MIAMI-DADE OFFICE OF GRANTS COORDINATION, IN THE AMOUNT OF $31,101, FOR THE DEPARTMENT OF POLICE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT, IN SUBSTANTIALLY THE City ofMiami Page 10 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 CA.3 12-00398 District 2- Commissioner Marc David Sarnoff CA.4 12-00358 District 2- Commissioner Marc David Sarnoff ATTACHED FORM, AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT. 12-00351 Summary Form.pdf 12-00351 Legislation.pdf 12-00351 Exhibit 1.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0170 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO DESIGNATE AS A PLAY STREET, PURSUANT TO SECTION 35-5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THE PORTION OF NORTHEAST 10TH AVENUE LOCATED BETWEEN NORTHEAST LITTLE RIVER DRIVE AND THE LITTLE RIVER, MIAMI, FLORIDA; FURTHER DIRECTING THE CITY MANAGER TO TRANSFER ALL CONSTRUCTION, MAINTENANCE, AND UPKEEP OBLIGATIONS OF SAID PLAY STREET TO THE DEPARTMENT OF PARKS AND RECREATION. 12-00398 - Legislation.pdf 12-00398 - Exhibit 1.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0171 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CODESIGNATING PERCIVALAVENUE FROM DOUGLAS ROAD TO BROOKER STREET, MIAMI, FLORIDA, AS "JOE "ROACH" DELANCEY WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 12-00358 Legislation.pdf 12-00358 Exhibit 1.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0172 City ofMiami Page 11 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 CA.5 12-00404 Department of Planning and Zoning Chair Suarez: Okay. CA (Consent Agenda) -- Commissioner Gort: 5. Chair Suarez: -- 3 -- I'm sorry, CA.4. Vice Chair Sarnoff. Thank you, Mr. Chair. I have the honor today of sponsoring a resolution naming a street after Joe Roach. His real name is Joe Delancey, and he was the son of a Bahamian immigrant who settled in Coconut Grove. He got his name, Roach, because the last name of the man he caddied for at the Biltmore, a place that unfortunately African Americans weren't allowed to golf at and they could only caddy. Joe spent his teen years golfing wherever he could, usually on Mondays, when the municipal golf courses were closed for maintenance. Segregation prevented blacks from golfing in Dade County generally. During World War II, Joe found -- fought in the military and kept golfing. Joe played in a large military tournament in Paris in 1945, placing eighth overall. He played Europe around -- he played in Europe afterwards, even though he could not play in the United States. Unfortunately, Joe came home to a thankful nation for his service, but it was still unwilling to grant African Americans full equality, including the golf course. Segregation still remained. After World War II, Miami Springs Golf Course, then owned by the City ofMiami, believe it or not, hosted the north -south tournament, the largest black -sponsored competition in the United States. Joe won the north -south tournament four years in a row from 1957 to 1960. And Joe, alongside with other black golfers, helped fight for the desegregation of golf courses by simply doing what he loved most, which was golfing. In 1998, Joe Roach founded the Joe Roach Delancey Minority Junior Golf Foundation to teach kids golf and the use of the game to teach life lessons, like self-esteem, self-reliance and discipline. Joe passed away in 2002. Golf is -- was uniquely a very segregated sport in America and probably there are more stories to tell than most will know, but probably our most famous golfer today being Tiger Woods, a new story is being told. I thought it was fitting, Mr. Chairman, that we designate a street in the Bahamian enclave of Coconut Grove West and name a street after Joe Roach, his nickname, or his full name, Joe Delancey. So I would move this item, Mr. Chair. Commissioner Spence -Jones: Second. Chair Suarez: Moved by the Vice Chair, second by Commissioner Spence -Jones. Any further discussion? Hearing none, all in favor, signify by saying "aye." The Commissioners (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING, PURSUANT TO SECTION 62-619 (C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THE ONE TEMPORARY BANNER PER YEAR LIMITATION TO ALLOW PUBLIC SERVICE ANNOUNCEMENTS AT THE PROPERTY LOCATED AT 1 HERALD PLAZA, MIAMI, FLORIDA, BEGINNING MAY 31, 2012 AND ENDING MAY 31, 2013. 12-00404 Summary Form (05/10/12).pdf 12-00404 Legislation (Version 2).pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo City ofMiami Page 12 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Note for the Record: Item CA. 5 was deferred to the Commission Meeting scheduled for May 10, 2012. Chair Suarez: CA.5. Commissioner Spence -Jones: Mr. Chairman, I just had just some quick questions on it, advertising. I just want to be clear. There's three things from the Administration that I wanted to know. One, how many banners will be erected on the Herald site? Barnaby Min: Good morning. Barnaby Min, Zoning administrator. Right now, there's no number that is being proposed. It's simply waiving the time frames to allow them to put up banners from May 1 of this year to May 31 of next year. The current ordinance states that they can only have one permit for a maximum of 30 days per calendar year. With the proposed resolution, it would then waive that time frame so they could have, in theory -- and this is just in theory -- one banner for 13 months or they could have 13 banners every month or some number therein. Commissioner Spence -Jones: Okay, but this is -- so there's not really a -- Mr. Min: Correct. Commissioner Spence -Jones: -- limitation on how many you can have on the Herald site? Mr. Min: Correct. And again, this is just on the south side of the building. Each banner that is going to be erected would have to be permitted, so it would go through the process to be reviewed to ensure compliance with the Code, assuming that you grant the resolution. Commissioner Spence -Jones: Okay. And then the second question I had, I just want to make sure that it's solely for public service announcements. Mr. Min: Yes, public service announcements and special events within -- the ordinance says that it has to be with -- a special -- related to a special event within 100 feet of the location, so public service announcements and special events within 100 feet. Commissioner Spence -Jones: Okay. And then what is -- just so I'm clear, what is the City entitled to for the monthly permit fee? Mr. Min: The monthly permit fee depends on the size of the banner. It ranges anywhere from $100 up to $800. Based on previous banners that have been erected at the Herald building, I estimate it to be approximately 600 to $700 per permit. Commissioner Spence -Jones: Okay. So these are not the pole banners, then? I just want to be clear. Mr. Min: These are banners that are actually erected on the south side of the wall of the Miami Herald building. Commissioner Spence -Jones: Okay, so this is basically a mural? Mr. Min: They are similar to murals -- Commissioner Spence -Jones: What's the --? Mr. Min: -- to directly answer your question, but it is not under the mural program. I would defer to the others who handle the murals. It's not under the mural program 'cause my City ofMiami Page 13 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 understanding is that there are -- Commissioner Spence -Jones: I was thinking when -- I'm really lost now because I was thinking that when we say banners, we're thinking, you know, like street pole banners. You know how you have the banners on the poles? But you're talk -- Mr. Min: These are actually on the wall, correct. Commissioner Spence -Jones: But this -- then this is a mural. It's not a banner. Mr. Min: It's not a mural. There is a size difference, there's content difference. There's different regulations. The murals -- and again, I defer to the people who have the knowledge, but there is location -- Commissioner Spence -Jones: I'm lost. Mr. Min: -- regulations that prevent the -- Commissioner Spence -Jones: Okay, okay, okay. So can I ask this question then just so I'm clear. How much are we getting for murals that are on the side of the wall, permit fees? It's the same amount? Mr. Min: No, ma'am. Commissioner Spence -Jones: How much are we getting? Mr. Min: I don't know. I have to defer to Mr. Garcia. Commissioner Spence -Jones: Can you guys please tell me? Mr. Min: From what I'm being told it's $50, 000 for a mural. Commissioner Spence -Jones: How much? Mr. Min: Fifty thousand. Commissioner Spence -Jones: Fifty thousand, and we're getting how much for this one? Mr. Min: Approximately $700. Commissioner Spence -Jones: Seven hundred dollars? Mr. Min: Correct, because -- Commissioner Spence -Jones: Mr. Manager, can we pull this item? And this -- come on, guys. Mr. Min: They're -- Mr. Chair -- Commissioner Spence -Jones: Oh, my -- Chair Suarez: Yeah. Commissioner Spence -Jones: Wait a minute, wait a minute, wait a minute, wait a minute. I want to make sure I got this right. This is the -- you call it -- you're calling it a banner, but it's really a mural and it has advertising on it? City ofMiami Page 14 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Vice Chair Sarnoff No. Commissioner Spence -Jones: No. Mr. Min: No. It's not meant to be a commercial advertisement, which is what a mural is. Commissioner Spence -Jones: But are they charge -- do they charge to put it up there? Mr. Min: Does the Herald charge the mural company to put it up there? Commissioner Spence -Jones: No, no. I'm not talking about -- Does the Herald charge the public service announcement -- do they charge those individuals for putting it up? Are they making any money off of it? Mr. Min: It's solely an assumption on my part, but I would assume so. Commissioner Spence -Jones: Then -- Can we pull this item, please, and --? Chair Suarez: Is that a motion? Commissioner Spence -Jones: Yes. Please, let's pull this item. Chair Suarez: Motion to defer by Commissioner Spence -Jones. Is there a second? Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort, to the next meeting. Commissioner Spence -Jones: To the next meeting? Chair Suarez: To the next meeting or to a month? Commissioner Spence -Jones: I just want a greater understanding. I was thinking it was a little Chair Suarez: Okay, the next meeting. Commissioner Spence -Jones: Next meeting. Chair Suarez: It's been moved and second. I think -- Do you want to jump in on this or do you want to just let us defer it, 'cause it looks like we're going to defer it? Unidentified Speaker: (UNINTET,TIGIBT,F). Chair Suarez: That's what it looks like is going to happen. So all in favor, signify by saying "aye." The Commissioners (Collectively): Aye. Mr. Min: Thank you. CA.6 RESOLUTION 12-00453 City ofMiami Page 15 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner ATTACHMENT(S), DECLARING NO OBJECTION AND SUPPORTING THE Wifredo (Willy) Gort CODESIGNATIONS BY THE FLORIDA LEGISLATURE, PURSUANT TO HOUSE BILL 7039, DESIGNATING A PORTION OF U.S. HIGHWAY 41/STATE ROAD 90/SOUTHWEST 8TH STREET BETWEEN SOUTHWEST 10TH AVENUE AND STATE ROAD 933/SOUTHWEST 12TH AVENUE, MIAMI, FLORIDA, AS "BRIGADA 2506 STREET, CARLOS RODRIGUEZ SANTANA," AND A PORTION OF SOUTHWEST 12TH AVENUE FROM CORAL WAY TO SOUTHWEST 16TH STREET, MIAMI, FLORIDA, AS "LOURDES P. AGUILLA STREET," FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMITA COPY OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT 115 AND ANY OTHER APPROPRIATE OFFICIALS, FOR SIGN INSTALLATION WITHIN THE NEWLY DESIGNATED ROADWAY. 12-00453 Summary Form.pdf 12-00453 Legislation.pdf 12-00453 Exhibit 1.pdf 12-00453-Scrivener's Error Memo.pdf Motion by Commissioner Gort, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0173 Chair Suarez: CA. 6. Commissioner Gort: CA. 6. Thank you, Mr. Chairman. I want to thank Commissioner Carollo for allowing me to bring this up in his district. But I received a call from the legislators (UNINTELLIGIBLE) requesting a resolution of no objection to the City ofMiami for the state of Florida codesignated, pursuant to Bill 7039, a portion of US (United States) Highway 41, State Road 90, Southwest 8th Street, Tamiami Trail, between Southwest I0th Avenue and State Road 933, Southwest 12th Avenue, Miami -Dade County, as Brigada Veinticinco Cero Seis, Brigade 2506, Carlos Rodriguez Santana and a portion of Southwest 12 th Avenue from Coral Way to 16th Street, Miami -Dade County, as Lourdes P. Aguila Street. We all know the history of the brigade and it's something that we have brought back and Commissioner Sarnoff recognized it quite a bit last year. So -- Chair Suarez: Motion? Commissioner Gort: -- Commissioner, if you want to speak something about the brigade, I'll let you, but at this time, I would like to read -- 'cause when I bring somebody up here, I like to read the history. AndLourdesAguila was born in 1932, in Havana, Cuba. At an early age, she was drawn to humanitarian causes. Throughout her life, Lourdes accomplish [sic] have revolved on special causes. During 1950 she was a volunteer with the Cuban Red Cross and Cuban -owned Liga Contra Cancer, which is League Against Cancer, which was founded in Havana in 1925. As a new exile in Miami in 1960, she volunteered as a translator with Jackson Memorial Hospital. As you recall in the 1960s, we didn't have that many people that spoke Spanish and they needed a translator and she volunteered for it. During the 1970s, she helped raise funds to build the shrine of Lady of Charity in Miami, which is right next to -- in Commissioner Sarnoffs district. In 1975, she saw that there was a critical need among cancer patients and founded the League Against Cancer, which is the League Against Cancer in Miami, modeled after her City ofMiami Page 16 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 beloved organization she had left behind in Cuba, La Liga. Its mission was to provide assistance to victims of this devastating, heartbreaking disease, with a special emphasis on those with limited means, offering screening and referral service, as well as counseling and moral support. As a general coordinator since 1978, she survived the entire operation of La Liga -- she supervised the entire operation of La Liga in addition to coordinating all fundraising events and the annual telethon, which helped raise millions of dollars. Under her direction, she organization established network of 200 volunteer physician and over 200 full -times and part-time volunteer who administered treatment of over 35,000 Florida resident from 50 different countries and origin. As a result of her tireless commitment to this cause and without any compensation, even when she was battling cancer herself, she was able to make the differences by saving many lives. Much suffering has been lessened and many destitute cancer victim who had nowhere to run have been afford aid and support through her untiring efforts. Lourdes Aguila has received many awards acknowledging her community, her humanitarian services. Among the most notable awards were NBC (National Broadcasting Company) Hispanic Outstanding Achievement Award, Miami Herald Spirit of Excellence Award, President Volunteer Action Award, presented by President George Bush. On personal base [sic], her love for humanity involved since she was very young. She felt she needed to rescue the less fortunate, especially the cancer victim, who she felt needed to be rescued from the grasp death of return to the wonderful experience of life. That commitment has helped to save many individuals and help many individuals with this disease. So she is a true believer. She believed that as long as there is love, there is hope. So my motion is to confirm with no objection the resolution of the state of Florida. Vice Chair Sarnoff Second. Chair Suarez: That's a motion -- Commissioner Spence -Jones: Second. Chair Suarez: -- and a second. I just want to thank Commissioner Gort for this declaration of no objection. The Brigada -- and Commissioner Sarnoff can speak to this as well -- it's an organization that memorializes the Bay of Pigs invasion and the struggles that Cuban Americans have undertaken to free Cuba. So I support it fully. Vice Chair Sarnoff You know, Mr. Chair, the -- I don't want to call it a mural 'cause it's probably a bad thing to say, but that beautiful picture up there came as a -- Chair Suarez: Painting. Vice Chair Sarnoff Painting, sorry. Chair Suarez: It's a painting. Vice Chair Sarnoff -- result of the -- Chair Suarez: It's art. It's art, not advertising. Vice Chair Sarnoff It is art. It is art. It's not advertising, it's true. -- came as a result of that event that we had here with Felix Rodriguez, the alias, Max Gomez. Chair Suarez: That was beautiful, yeah. Vice Chair Sarnoff And it was a great event. It was attended by many of us and somehow the Mayor was able to secure that, I think, for us for a while so we can all enjoy it. But it's a great tribute and 2506 are great Americans. And you know, I wholeheartedly agree with City ofMiami Page 17 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 9:00 A.M. PH.1 12-00352 Department of Community Development Commissioner Gort on this particular declaration. Chair Suarez: It's been moved and seconded. All in favor, signift by saying "aye." The Commissioners (Collectively): Aye. Chair Suarez: It passes unanimously. END OF CONSENT AGENDA Chair Suarez: Is there a motion on the remaining items of the consent agenda? Vice Chair Sarnoff I'd like to discuss CA.4. Chair Suarez: Right, I know. There's 4, 5, and 6 we're pulling -- Vice Chair Sarnoff I'm sorry. Chair Suarez: -- but is there a motion for CA.1 through 3? Vice Chair Sarnoff So move. Commissioner Spence -Jones: So -- second. Chair Suarez: Moved by the Vice Chair, second by Commissioner Spence -Jones. All in favor, signify by saying "aye." The Commissioners (Collectively): Aye. PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 4 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI AND CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS, INC., IN SUBSTANTIALLY THE ATTACHED FORM, EXTENDING THE AGREEMENT END DATE FROM MARCH 30, 2012 TO SEPTEMBER 30, 2012, FOR ECONOMIC DEVELOPMENT ACTIVITIES ASSOCIATED WITH COMMERCIAL FA?ADE PROJECTS IN DISTRICT 3. 12-00352 Summary Form.pdf 12-00352 Notice to the Public.pdf 12-00352 Pre-Agreement.pdf 12-00352 Legislation.pdf 12-00352 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo City ofMiami Page 18 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 R-12-0174 Chair Suarez: We will now begin the public hearing items. Any member of the public who wishes to address the Commission regarding a public hearing item must first register with the City Clerk, please. In addition, pursuant to City code, not the Chairman's necessarily, the Chairman's desire, any person addressing the Commission must limit his or her address to two minutes, unless additional time is granted by the presiding officer. Finally, any person addressing the Commission must begin by stating his or her name and street address for the record. We now begin with PH.1. Thankyou, Mr. Mensah. You're recognized. George Mensah: Good morning. George Mensah, director of Community Development. PH.1 is authorizing the City Manager to execute an amendment to the agreement between City of Miami and CAMACOL (Latin Chamber of Commerce) to extend the use of the facade grant from March 30, 2012 to September 30, 2012. Mr. Chairman. Chair Suarez: This is a public hearing item. Any member from the public wishing to speak on PH.1? Sir, you're recognized for the record. Luis Cuervo: Good morning, Commissioners, ladies and gentlemen. My name is Luis Cuervo, and I'm the executive director for CAMACOL, City ofMiami's facade program. To begin with, first of all, I need to thank the Commissioners for taking the time and taking the patience of working with us, along with my good friend, George, 'cause without them, I can't really move. The City ofMiami Community Development Department has really been awesome. Commissioner Suarez, you're my right arm. Commissioner Carollo, he's my left. And the heart goes before all of you for the job that you guys do for us to make sure that everything is done properly. This particular year we were funded from District 4. Unfortunately, due to the way that the codes were implied, we failed to prove that it had to meet the 51 percent threshold. Thanks to the Community Development Department, which worked very hard on it, now we can so the open -- the door is wide open again. Chair Suarez: Perfect. Mr. Cuervo: With Districts 3, we were able to place 22 projects with the monies that were funded, and out of that, he still has a list of approximately 120 applicants that are coming forth. So I come before you again seeking your help and asking for everything that we can have to throw it back out in the street. Chair Suarez: Thankyou, Mr. Cuervo. Is anyone else from the public wishing to speak on this? Mr. Cruz, you got your two minutes. Mariano Cruz: I'm speaking as -- Mariano Cruz, 1227 Northwest 26 Street, chairman ofABDA (Allapattah Business Development Authority). And you know the facade program works 'cause I told people that we have done facade on 17th Avenue. And people that go now to Don Tostone Restaurant that put the signs and (UNINTET,T IGIBT ,F), that they told me, I didn't know there was a restaurant there. On the signs, the people going south and going north on 17th Avenue, they see. Those facade work for the better for the business. Thank you. Chair Suarez: Thank you, Mr. Cruz. Anyone else from the public wishing to speak on PH.1? Yes, Madam Clerk. Mr. Muhammad. Grady Muhammad: Good morning, Mr. Chairman. Grady Muhammad -- Chair Suarez: Yes, sir. Mr. Muhammad: -- Commissioners. This is a great project. And just like we're doing the City ofMiami Page 19 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 commercial rehab project in District 5 with NANA (Neighbors and Neighbors Association), one of the problems, unfortunately, that has come up and no one has seemed to taken liberty to bring it up, the businesses have been shut down for a month. In the interim of assisting the businesses, unfortunately, Shantel Lounge was shut down for three weeks. Mel's Unisex Beauty Salon was shut down for a month. I'm not bringing the problem and don't bring a solution. We have Community Development Block Grant funds called microenterprise grants. We should try to use some of those funds to assist those businesses because they have lost revenue. They have been closed, Mr. Mensah, correct -- through the Chair. Chair Suarez: Yes. You can ask the question. Mr. Mensah: Yeah, some of them were closed. But I don't think any of them were closed for two -- for a month. I know that they were closed -- Shantel was closed for two weeks -- Mr. Muhammad: Three weeks. Mr. Mensah: -- and -- that's what I was told, it was two weeks. Mr. Muhammad: Three weeks. But my point is to try to seek and assist. Even we did -- a few years ago -- Mr. Chair -- Commissioner Sarnoff, on Biscayne Boulevard, when the State comes through. The State doesn't have any assistance. We worked with the former Chairwoman Barbara Carey -Schuler to get the BIA, which is -- County has, called Business Interruption Assistance, which is a $25, 000 forgivable loan that assists businesses to get -- Vice Chair Sarnofff. They don't do it anymore. Mr. Muhammad: I know. Well, they -- original -- I'm talking about 2005 at that time, 2005, to get some assistance for those. But since we have the microenterprise grants and economic development, I think we should at least look at trying to bring some assistance to those business who've been impacted. In our attempt to assist them, we should try to relieve that. Thank you. Chair Suarez: Thank you, Mr. Muhammad. Anyone else from the public wishing to speak on PH.1 ? Seeing none and hearing none, the public hearing -- the public portion of PH.1 is now closed, coming back to this Commission. I just would like to offer a floor amendment, if whoever is the maker of the motion will accept it. Commissioner Spence -Jones: So move. Discussion. Chair Suarez: Move for discussion. Let me just make my floor amendment. I'd like to have in your motion, if you don't mind -- Commissioner Gort: Second. Chair Suarez: -- include -- and that's seconded by Commissioner Gort. I'd like to -- in recognition of the hard work that CAMACOL has been doing, not only in the facade program, but just in the economic development context in general, I'd like to allocate from District 4's economic development reserves $100, 000 to support CAMACOL in their efforts. And let me tell you that they not only are omnipresent with the businesses in Little Havana and as they extend west, but -- and probably even more importantly, I think -- they are a huge, huge part of this community, you know. They do the Thanksgiving drive, which is like world-renowned, and everybody comes, and all the politicians come and take pictures and look good, you know, and give out turkeys. But the fact of the matter is they're the ones that do the hard work. They're the ones that get the donations. They're the ones that put on this magnificent event which feeds thousands of people during Thanksgiving, people that wouldn't otherwise have the funds to have a nice Thanksgiving -- City ofMiami Page 20 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Commissioner Spence -Jones: And not in just one district. Chair Suarez: That's right. They don't just do it in one district. They do it all over the City. Commissioner Spence -Jones: Yeah. Chair Suarez: And the line wraps around the block. And what they do a lot of times is even when they run out of tickets, sometimes they don't run out of food and they keep giving food to the people who are there waiting in line. So I really have to say that they have impressed me in the time that I've been here in terms of their commitment to bettering the business community. Commissioner Gort. Commissioner Gort: Let me clam something, Madam Attorney. My understanding, I asked the question before, but I want to make sure I ask it again. As a board member of the board of directors of CAMACOL and founding member of the CAMACOL, I don't have any conflict in voting on this item? Julie O. Bru: As a board member, Commissioner, you do not inure any special gain or benefit as a result of this vote, so there is no conflict. Commissioner Gort: Okay. Let me add a little something also. One of the things we do, we have the Hemispheric Congress that takes place for the last thirty -something years, and this is where it brings 30 -- 25 chamber of commerce from Latin America, Central America to talk about -- so free trade agreement, we talked about it a long time ago before it really became law. And also the last year, we bring the -- what do you call them, the media and film industry together. And let me tell you, this is an industry of $52 billion that brings -- and with all the benefits it brings and the economic development it brings into this area. This year, you're all invited. It's going to take place between the 29th ofMay to the 1st ofMay, so you're all welcome. It's going to be at the Biltmore. You're all welcomed to come. Commissioner Spence -Jones: Twenty-ninth of what? Commissioner Gort: The 29th ofMay through the 1st. You will received invitations. Chair Suarez: Thank you. Commissioner Gort: Thank you. Chair Suarez: Commissioner Spence -Jones. Commissioner Spence -Jones: Sure. Mr. Mensah, actually, once again commending CAMACOL for their continued work. I wanted to just say this -- also, to Mayor -- the Mayor in the audience, Mayor Regalado, and to Commissioner Gort, that have been extremely supportive to D5 (District 5) in Little Haiti, in Liberty City in standing on what we know is right. Exactly what CAMACOL is doing right here is the things that we need to do to help small businesses. This takes them to the next level and appreciate your continued support. Here's a prime example of how the program actually works. I do want to just clear up one thing so that at least those that are listening and for Mr. Muhammad that's sitting in the audience. In D5 we have a special rehab program -- Mr. Mensah: Yes. Commissioner Spence -Jones: -- in comparison to what CAMACOL has. CAMACOL has a program where the owner of the business has to pay a certain percentage -- City ofMiami Page 21 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 PH.2 Mr. Mensah: Yes. Commissioner Spence -Jones: -- okay. In my district, where the businesses have more hardships than probably most, we have a special rehab program where these particular businesses that are in these cultural business zones don't have to pay -- Mr. Mensah: Anything. Commissioner Spence -Jones: -- that additional percentage. Mr. Mensah: Yes. Commissioner Spence -Jones: So I think it's important to say that because that's the difference between the two, is that these businesses have -- don't have any money they have to come out of their pockets for to get their businesses fully rehabbed, and in your instance, they do. Mr. Mensah: Yes. Commissioner Spence -Jones: I do want to address the issue, though, however, of the businesses being closed and them losing revenue, you know, during that particular period. Andl think that one of the ways that Leroy is addressing that is trying to figure out a way to rehab the building that -- rehab those particular facilities to create less disturbances as they're working. So I think that that is one of the things that they're making adjustments on in order to make that happen. I would suggest, though, that you also reach out to Mel's yourself and reach out to Mr. Cole [sic] yourselfjust to get an understanding of you know, kind of where they are in their businesses and whether or not this is a big issue, and then from there we evaluate where we go from there. Mr. Mensah: Okay. Thank you, Commissioner. Chair Suarez: Yes, Commissioner. Commissioner Gort: Let me explain something which is very important, especially for the people here and the people that might be watching. A lot of the businesses in a lot of our neighborhoods, they really are mom and pops. I mean, when you go to school and the school tells you, if you're going to open up a business, you got to make sure you have excess revenue to hold for a whole year before you can open a business. In a lot of our neighborhood, family get together, they all chipped in, and they says, let's start a business. And we all know, any business when you start, you don't make money. It takes a while to make money. So a lot of these small businesses here do not have the capital they should have, but they have the effort. They work 18, 16 hours a day to make a living, but they also do a service to the community. But it's very important that people understand that because, you know, in the business -- when you get your business administration that tell you if you're going to open a business, you got to make sure you have enough capital for at least a year. Thank you. Chair Suarez: Thank you. It's been moved and seconded with -- Commissioner Spence -Jones, do you accept my amendment -- Commissioner Spence -Jones: Yes. Chair Suarez: -- adding the funding? Thank you. All in favor, signifi, by saying "aye." The Commissioners (Collectively): Aye. RESOLUTION City ofMiami Page 22 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 12-00353 Department of Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 4 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI AND BOYS AND GIRLS CLUB OF MIAMI-DADE, INC., IN SUBSTANTIALLY THE ATTACHED FORM, EXTENDING THE AGREEMENT END DATE FROM APRIL 1, 2012 TO JUNE 30, 2012, FOR PUBLIC FACILITIES AND IMPROVEMENT ACTIVITIES. 12-00353 Summary Form.pdf 12-00353 Notice to the Public.pdf 12-00353 Pre-Agreement.pdf 12-00353 Legislation.pdf 12-00353 Exhibit 1.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0175 Chair Suarez: PH.2. George Mensah (Director, Community Development): PH.2 is -- Chair Suarez: Vice Chair, you want to make a motion on PH. 2? Mr. Mensah: -- authorizing the extension of an agreement between the City and Boys and Girls Club, from April 1, 2012 to June 30, 2012, for a public facilities improvement activities. Chair Suarez: Thank you. This is a public hearing item. Anyone in the public wishing to speak on PH.2? Seeing none and hearing none, the public hearing on PH.2 is closed, coming back to the Commission. Is there a motion? Vice Chair Sarnoff So move. Chair Suarez: Motion by -- Commissioner Spence -Jones: Second. Chair Suarez: -- the Vice Chair, second by Commissioner Spence -Jones. All in favor, signift by saying "aye." The Commissioners (Collectively): Aye. Chair Suarez: Passes unanimously. Commissioner Gort, are you -- you want to be recognized on that item? Commissioner Gort: Yes. Chair Suarez: As a yes? Okay. That's four, nothing. PH.3 RESOLUTION City ofMiami Page 23 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 12-00354 Department of Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACCEPTANCE OF PROGRAM YEAR 2011-2012 UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ENTITLEMENT GRANT FUNDS, IN THE AMOUNT OF $203,984, FOR THE EMERGENCY SOLUTIONS GRANT; AUTHORIZING THE ALLOCATION OF SAID FUNDS FOR PROGRAM YEAR 2011-2012, IN THE AMOUNT OF $172,366 TO THE CITRUS HEALTH NETWORK AND THE AMOUNT OF $31,618, TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT, FOR THE ADMINISTRATION OF GRANT -RELATED ACTIVITIES, FOR A TOTAL ALLOCATION OF $203,984; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT FUNDS. 12-00354 Summary Form.pdf 12-00354 Notice to the Public.pdf 12-00354 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-12-0176 Chair Suarez: PH.3. George Mensah (Director, Community Development): PH.3 is authorizing the acceptance of program year from 2011-2012 of HUD (Department of Housing and Urban Development) grant funds, referred to as Emergency Solutions Grant, in the amount of $203, 984; allocating said funds to Citrus Health Network, in the amount of 172, 266, and in the amount of 31, 618 to the City ofMiami Department of Community Development. I just want to put on the record there was a scrivener's error in the sense that initially the funds were supposed to go to the NET (Neighborhood Enhancement Team) office, but the NET office cannot run this particular program, so it's now going to Citrus Health, which is an agency that currently runs our homeless prevention program. Chair Suarez: Thank you, Mr. Mensah. PH.3 is a public hearing item. Anyone from the public wishing to speak on PH.3? Sir. Deonarine Dalip: Yes. Chair Suarez: You're recognized for the record. Please state your name and address. Mr. Dalip: My name is Deonarine Dalip. I live at 1542 Northwest 67th Street, Miami, Florida 33147. This is in Liberty City. Good morning to everyone. My due respect to everyone. I have a situation where I was -- my home got foreclosed on. I'm a small business owner. Presently right now I have a small corporation and my home is in foreclosure right now. I am here to seek whatever advice or assistance there could be for myself, my kids who live with me, my grandkids and -- Chair Suarez: IfI may, sir -- City ofMiami Page 24 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Mr. Dalip: Yes. Chair Suarez: -- make a suggestion, that you confer with director -- he's the director of Community Development, Director Mensah. There are -- this program in fact that we approving right now allocates funds to help people who are in that kind of transition and it's been very successful before. It's a temporary rental assistance program, where we'll help you go from one, you know, situation to the other and help you maybe get on your feet, find temporary housing and also temporary rental assistance once they find you permanent housing. So just -- if you don't mind, we'll -- I'll have you meet with the director and hopefully we'll be able to help you and then, you know, we're all here to serve you so -- Mr. Dalip: Thank you. Chair Suarez: -- whatever questions or comments later you have, you can contact any of our offices, whatever office you, you know, can contact and we'll help you. Mr. Dalip: Okay. Chair Suarez: Okay, sir? Commissioner Spence -Jones: Mr. Chairman, what -- Chair Suarez: Yes, Commissioner. Commissioner Spence -Jones: Where do you currently live now? Mr. Dalip: Liberty City. Commissioner Spence -Jones: What street? Mr. Dalip: 1542 Northwest 67th Street. Commissioner Spence -Jones: Fifteenth Avenue? Mr. Dalip: Fifteen -- yes. Chair Suarez: And 67th Street. Commissioner Spence -Jones: Okay. Mr. Dalip: Between 15th and 17th. Commissioner Spence -Jones: So definitely see George afterwards, but if you can also go into -- see this guy with the blue suit on the other side. Chair Suarez: The bald guy over there. Commissioner Spence -Jones: The bald guy. Mr. Dalip: Okay. Chair Suarez: Yeah, Neil. His name is Neil. Mr. Dalip: Neil. City ofMiami Page 25 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Commissioner Spence -Jones: Just make sure you -- Chair Suarez: He's kind of a nice guy. Commissioner Spence -Jones: -- stop by to see him. Mr. Dalip: Okay. Chair Suarez: He's kind of a nice guy. Commissioner Spence -Jones: 'Cause outside of whatever they have, there may be some additional programs and projects I could refer you to. Chair Suarez: He's not a good ballplayer, but he's a nice guy. Mr. Dalip: Wonderful. Commissioner Gort: You guys can take care of it. Mr. Dalip: Thank you so much. Commissioner Spence -Jones: Thank you. Commissioner Gort: You got two lawyers over there. Mr. Dalip: Okay. Chair Suarez: He doesn't have a jump shot, but he's a good guy. All right, thank you, sir. Mr. Dalip: Yes. Chair Suarez: Mr. Muhammad, do you want to chime in or --? Vice Chair Sarnofff. Well, what Mr. Muhammad gave me -- and just so we don't feel like things are not working -- Chair Suarez: Right. Vice Chair Sarnofff. -- I was just handed a power relocation agreement for the gentleman, Mr. Prada, and in this agreement, they're agreeing to relocate him and pay him $3, 000. So that is from, I believe, a federal program. And just so that when people walk up here, we don't feel like we're -- Chair Suarez: Right. Vice Chair Sarnofff. -- it's not working. He is receiving $3, 000, plus he's being relocated to a new apartment. Chair Suarez: And let me tell you, I've worked with Community Development on a variety of different cases like this and with NET also. I see Haydee in the back there and Carlos and everyone. And you know, the City has responded marvelously any time there's been a situation like this, really. And I'm talking about like Friday, 6 o'clock type thing, you know, 7 o'clock, where someone is being ejected from their house, evicted from their house, where the sheriff is actually there removing their items and the City, you know, immediately springs into action and immediately helps them. So it's -- some of the proudest moments of my service here as a City ofMiami Page 26 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Commissioner have been being able to get people who are -- were just recently made homeless into, you know, a temporary place. The Mayor andl have visited the hotel where many, many times where the -- some of these people are in transitional housing and we've gone there for Christmas and on other occasions. So it's just an honor for me to support this item. Grady Muhammad: Mr. Chair. Chair Suarez: Yes, Mr. Muhammad. You're recognized. Mr. Muhammad: (UNINTET ,T IGIBT ,F) that's why I bought [sic] the gentleman because this is what he need. That's why it's also called the emergency solutions grant. Here's an emergency. If he wants to be able to access that $3,000, he has also to agree and vacate the premises by April 30, which is him, his wife, his daughter, his son-in-law, and his three grandchildren, which will be literally almost an improbability. And if he does not be able to relocate by that date agreed to then, he then loses the $3, 000 and he still will be -- the eviction process will start. That's why we need to try to go ahead and work to get a solution because this is definitely an emergency. If he can move with the City's help by the end of the month, they potentially still can get some -- that funding and that'll reduce any assistance that the City will have to help. So we definitely would ask the -- Chair Suarez: Thank you, Mr. Muhammad. Mr. Muhammad: -- Commission to direct staff to work with him. Thank you. Chair Suarez: Yes. Thank you, Mr. Muhammad. Thank you, Mr. Mensah. Anyone else on PH.3? Commissioner Spence -Jones: So move. Chair Suarez: Seeing none, hearing none, the public hearing is closed. It's been moved and seconded. All in favor, signifi, by saying "aye." Priscilla A. Thompson (City Clerk): I'm sorry, Chair. Who was your -- Chair Suarez: Yes. Ms. Thompson: -- seconder? I didn't -- Chair Suarez: The seconder was Commissioner Gort. Ms. Thompson: Thank you. Chair Suarez: The mover was Commissioner Spence -Jones. Ms. Thompson: As modified. Chair Suarez: As modified, Commissioner? As modified. She's shaking her head. Ms. Thompson: Thank you. Chair Suarez: Okay, so moved and seconded, as modified. All in favor, signifi, by saying "aye. " The Commissioners (Collectively): Aye. END OF PUBLIC HEARINGS City ofMiami Page 27 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 SR.1 12-00153 City Manager's Office ORDINANCE - SECOND READING ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "REGISTRATION OF VACANT, BLIGHTED, UNSECURED OR ABANDONED STRUCTURES", MORE PARTICULARLY BY AMENDING SECTION 10-63 ENTITLED "RESPONSIBILITIES OF OWNERS OF VACANT, BLIGHTED, UNSECURED OR ABANDONED STRUCTURES" TO ADD METALLIC COVERINGS TO THE LIST OF MATERIALS USED TO SECURE BLIGHTED, UNSECURED OR ABANDONED STRUCTURES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 12-00153 Summary Form SR.pdf 12-00153 Memo - Estimated Costs FR/SR.pdf 12-00153 Estimated Rental Costs FR/SR.pdf 12-00153 Rental of Protection Coverings FR/SR.pdf 12-00153 Calls for Srvc. - 01-01 thru 12-31-10 FR/SR.pdf 12-00153 Calls for Srvc. - 01-01 thru 12-31-11 FR/SR.pdf 12-00153 Legislation SR (Version 4).pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo Note for the Record: Item SR.1 was deferred to the Commission Meeting scheduled for May 10, 2012. Chair Suarez: SR.1. I'm going to ask if one of my colleagues can make a motion to defer SR.1 at least for one Commission meeting? Vice Chair Sarnoff So move. Commissioner Spence -Jones: Second. Chair Suarez: Moved by the Vice Chair, second by -- Commissioner Spence -Jones: Discussion. Chair Suarez: -- Commissioner Spence -Jones. Go ahead, Commissioner. Commissioner Spence -Jones: (UNINTET,TIGIBT,F). Priscilla A. Thompson (City Clerk): I'm sorry, Commissioner. Is your mike on? Commissioner Spence -Jones: Mr. Chairman, I know we've probably been dealing with this item for at least three meetings already andl know the original intention was to actually put the metal coverings over. And since this item has come up, I've seen these metal coverings everywhere, you know, throughout the County, so obviously they are working -- Chair Suarez: Yep. City ofMiami Page 28 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Commissioner Spence -Jones: -- you know what I mean? So -- Chair Suarez: Thank you. Commissioner Spence -Jones: -- I think that what the issues and concerns -- if we could at least put those on the record andl can -- Chair Suarez: Sure. Commissioner Spence -Jones: -- we can all hear them -- Chair Suarez: Sure. Commissioner Spence -Jones: -- so that this is not again an item that -- Chair Suarez: Sure. Commissioner Spence -Jones: -- comes in front of us that we're not -- Chair Suarez: Constantly will be -- Commissioner Spence -Jones: -- making the changes on. Chair Suarez: Yeah. Well, first of all, thank you very much for acknowledging that -- you know, how well those metallic coverings work because I've seen it first hand as well. And that's the reason why I sponsored this andl pushed for this. The only reason why I'm asking for a deferral today is because, if you remember, we passed it on first reading at the last Commission meeting and we asked the Administration to make some changes and the Law Department to make some changes to reflect certain things. Commissioner Spence -Jones: Yes. Chair Suarez: So there was changes in the legislation andl just didn't have enough time, to be honest with you, to work with the Administration -- Commissioner Spence -Jones: Okay. Chair Suarez: -- to see ifI was okay with the changes or ifI thought the changes needed to be modified. Specifically -- if you want me to -- Commissioner Spence -Jones: Yes, if you can. Chair Suarez: -- specifically say, there was a procedure set forth in the statute, which was not there in the ordinance, which was not there before, which compels the City to go to a board and basically state its case and make its -- have police reports documenting it and all kinds of other things. So I just -- after I was briefed on it on Monday andl really didn't have an opportunity between Monday and Wednesday to come up with better language that I thought might accomplish all of our goals -- Commissioner Spence -Jones: Yes. Chair Suarez: -- without jeopardizing any of them. So that's the only reason why. And you know, I'd like to work with the Administration in the next couple of weeks to get it done. City ofMiami Page 29 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Commissioner Spence -Jones: Okay. I just wanted to put -- Chair Suarez: Yeah. Commissioner Spence -Jones: -- something -- I know that we've been going back and forth on it. I'm just trying to make sure we're on the same page. I think in Section 2b was one of the issues or concerns we had from an administration side in my office regarding how this will be dealt with code enforcement. So I want to make sure that we're at least addressing that when it comes back because I think the code enforcement -- the hearing -- coming in front of the board, it creates an extra step. So I just want to make sure that, you know, we can resolve the problem without extending it so long that nothing gets done. So -- and I don't know if you know what I mean, Alice. Alice Bravo (Assistant City Manager/Chief of Infrastructure): Yes. Commissioner Spence -Jones: I know we talked about it, but I want to make sure that we're clear on it. Ms. Bravo: Right. Alice Bravo, assistant City Manager. And in crafting this, we wanted to provide some type of due process, but also at the same time, have the ability to -- when there is a repeated location that requires repeated response by emergency management personnel where we start feeling that that property presents a drain on our resources, that's when we would have the ability to invoke the requirement that the openings be covered with the metallic structures rather than plywood. So working that out so people have process but also we have the ability to step in when it's a drain on our resources. That's the balance we're trying to craft. Commissioner Spence -Jones: Okay. Chair Suarez: Thank you. Commissioner Spence -Jones: So just so that I'm clear -- so we are going to look at, you know, a different alternative because in this particular alternative it puts it really on Code Enforcement and their discretion as to whether or not this particular building has been boarded up enough or Ms. Bravo: Right. Commissioner Spence -Jones: So I just want to make sure that there is -- and we can hammer it out. I'm sure the Chairman has additional things that he wants to add, but I definitely want to make sure I have some input on how this is seen. The other part of this was the cost for me, but the Manager has made me feel secured in the fact that, you know, we will only spend money if it's there, correct? Right, so we're not going to be pulling money from other places to cover metal coverings. And I'm assuming when the actual RFP (Request for Proposals) goes out, we are going to deal with this issue (UNINTELLIGIBLE) cost of rental that we look for the lowest and cheapest in order to -- Ms. Bravo: Correct. Commissioner Spence -Jones: -- put the program in place. Ms. Bravo: Andl wanted to clam the backup with regard to cost. There's a cost cited of six months, $14, 000. That's an estimated cost for ten to fifteen structures, which is the most that we would assume we would need to address in one year. So -- but again, it would be coming from an identified source of funds that results from the lien. City ofMiami Page 30 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 FR.1 12-00340 Department of NET Administration Chair Suarez: Yeah, and l just -- ifI can, I just want to say that, you know, the City Attorney and I are still working diligently to come up with a mechanism to enforce our special assessments. This would be a special assessment. Commissioner Spence -Jones: Okay. Chair Suarez: Once -- so that we have that revolving special revenue of count that you have harped on, Commissioner, and that it doesn't hit the bottom line of the City ofMiami as we're doing these programs, which are very, very good for the City. If you remember the first time we talked about this, there was an issue about whether -- if it was a first violation or second time -- whether that was a second violation, and that's where a lot of the confusion happened the first time. They kind of created a different way of looking at it and structuring it and l just wanted to give it a little bit more time to analyze it and see if there's a better way. Or if that's the best way, then we'll just go forward with that. Commissioner Spence -Jones: Okay. Chair Suarez: Okay. It's been moved and seconded. All in favor, sign -- Has it been moved and seconded? Yes, right? It's been moved and seconded. All in favor, signift by saying "aye." The Commissioners (Collectively): Aye. END OF ORDINANCE - SECOND READING ORDINANCES - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 12 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/COMMUNITY RELATIONS BOARD," MORE PARTICULARLY BY AMENDING SECTION 2-1152, BY CHANGING THE QUORUM REQUIREMENT FROM FIVE (5) MEMBERS OF THE BOARD, TO A MAJORITY OF MEMBERS PRESENT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00340 Summary Form.pdf 12-00340 Memo - Community Relations Board Quorum.pdf 12-00340 Legislation.pdf Motion by Commissioner Carollo, seconded by Vice Chair Sarnoff, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Direction by Commissioner Spence -Jones to the Administration to provide each commissioner an update on the attendance of their current appointments on the Community Relations Board (CRB); further directing the Administration to work with the CRB board liaison to determine the minimum costs necessary to ensure that each member receives mediation training. Chair Suarez: FR.1. Julie O. Bru: Mr. Chair, this is an ordinance that would amend the quorum requirement for the Community Relations Board, by changing the present quorum requirement to provide for a City ofMiami Page 31 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 quorum of just a majority of the membership present. Commissioner Gort: Move it. Chair Suarez: Been moved by Commissioner Gort. Is there -- Commissioner Spence -Jones: Second. Commissioner Carollo: Second. Chair Suarez: -- a second? Second by Commissioner Carollo. All in favor, signifi, by saying "aye." Commissioner Gort: Question. Wait a minute. Mariano Cruz: It's an ordinance. Commissioner Gort: Discussion. Chair Suarez: I'm sorry. Apologies. Yes. Commissioner -- let me have the Commissioner -- Commissioner Gort: Let the public -- Chair Suarez: Okay. I'm going to open up the public hearing on FR.1. Anyone from the public wishing to speak on FR.1? Mr. Cruz. Mr. Cruz: Mariano Cruz, 1227 Northwest 26 Street. I am in favor of this ordinance on the quorum because I have been in many meetings many times that the meetings can't go. They get to be put off because there is no quorum. The quorum should be the amount of the people present because there are many people that accept a position in a board just to look good in their resume and then they don't bother going to the meetings. So the meeting -- the quorum should be the people that -- the amount of people that bother to go to the meeting. You have three people, that's a quorum. Two people, (UNINTET,TIGIBT,F) four or five people. Instead of 13 board member, you got to have 7 people present. Thank you. Chair Suarez: Thank you, Mr. Cruz. Anyone else wishing to speak on --? Mr. Kurland. Nathan Kurland: Nathan Kurland 3132 Day Avenue. I'd like to also speak in support of FR.1. This ordinance is a good ordinance. There are a lot of citizens out there who come to these board meetings, committee meetings ready to do their public service and because there's no quorum, they can't. So I would like to speak in favor of this ordinance. I think it's excellent. Thank you. Chair Suarez: Thank you, Mr. Kurland. Anyone else -- Vice Chair Sarnoff Mr. Chair. Chair Suarez: -- from the public wishing -- Commissioner Gort: Yes. Chair Suarez: -- to speak on FR.1? Vice Chair Sarnoff Mr. Chair. City ofMiami Page 32 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Chair Suarez: Yes, of course. Vice Chair. Vice Chair Sarnoff I apologize, Commissioner Gort, but let me be the contrarian so you can respond to it. Any time I see an ordinance like this, which suggests any board of the City of Miami should be whatever shows up as quorum, and that could be a two person vote, that always concerns me. What really this shows to me is that there's something wrong. And the issue of something wrong is do we need this board? Are we putting the wrong people on the board? How many people are on this board? It's more a systemic problem to me that we're demonstrating that either we're, as Commissioners, not putting the right people on the board or there may not need to be a need for this board. Don't -- I'm not here to tell you I've delved into this. I'm not here to suggest to you that completely acknowledge and understand what the Community Relations Board has been doing. But I will tell you this, to get me to vote any time that whoever shows up is quorum is probably -- you're never going to get my vote because a well thought out, well enlisted, well conceived directive by anyone in this Administration to get something passed with two or three people is always potentially dangerous. And while I understand the need to do something, I think we need more critical self-examination. Who are we putting on --? And by the way, if it's my people not showing up, publicly put it out there. I will remove my people andl will put my -- I will put new people in. Now below that is what is the work that they're doing. Is this board -- is there a need for this board? And the answer to those questions, I simply don't know because nobody's ever come to me and said, by the way, Commissioner, your people are not showing up. I don't think it is my folks, but if it is, so be it. I just don't like to create boards that whoever shows up is quorum. Commissioner Spence -Jones: Mr. Chairman, can I --? Commissioner Gort: Mr. Chairman. Chair Suarez: Yes. First Commissioner Spence -Jones, then Commissioner Gort. Commissioner Spence -Jones: I just want to be clear 'cause in our briefing, this is only about the Community Relations Board, correct, Madam City Attorney? Chair Suarez: Yes. Haydee Wheeler (Director, NET): Correct. Commissioner Spence -Jones: No other boards? Chair Suarez: Correct. Commissioner Spence -Jones: Okay, I just wanted to be clear on that. Ms. Wheeler: Yes. Haydee Wheeler, director of NET (Neighborhood Enhancement Team), and I'm also the liaison for the Community Relations Board. I believe Commissioner Sarnoff brought a good point. I've taken over the board as liaison this year. And we do have some openings which we've told the Commissioners to not waive attendance. Andl think that's the problem, that some of your appointees have not been attending. At the time we bring it before you, then it's waived and they're reappointed and then we don't have them again participating. So this board is very active and the reason they wanted to bring this quorum amendment was in order for them to continue their work. But you're absolutely right. I mean, we did already reduce the quorum to five some years ago. Commissioner Spence -Jones: Can I just ask this question and maybe this is a City Clerk question. Or maybe you can answer it, Haydee. All of our appointees, do you know who they are? Do you know who's missing right now? City ofMiami Page 33 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Ms. Wheeler: Right now we have two appointments missing from Commissioner Carollo. Commissioner Spence -Jones: Is that the only two? Ms. Wheeler: No. And we have one appointment from Commissioner Gort. Commissioner Spence -Jones: Okay. All right, so both -- well, I know Gort -- Commissioner Carollo, do -- I know you got a lot going on. Is it -- do you have any -- have you identified anybody that you want to sit on this board? Commissioner Carollo: No. And more importantly, there has no one that has come to me for this board either, you know, so it's a two-way process. You know, one thing is, you know, the Commissioners actively looking for someone and obviously -- but at the same time, people wanting to serve and coming to you and saying, hey, listen, here's my resume. And have had no interest whatsoever. Commissioner Spence -Jones: Okay, let me ask this, Madam City Clerk, 'cause I have a couple people that wanted to sit on the board, but I believe I only have one appointment, right? Ms. Wheeler: Two. Commissioner Spence -Jones: I have two. How many -- who do I have on there now? Ms. Wheeler: I don't have the list. Commissioner Spence -Jones: Wilcox is one. Priscilla A. Thompson (City Clerk): I'll have to look that up. I'm not sure. If you give me a second, I'll get it for you. Commissioner Spence -Jones: Okay, but can -- let's say if he doesn't have someone that wants to be on the board, are we able to make a recommendation to him? 'Cause I do have a couple people that want to sit on that board. Commissioner Carollo: Yeah. And the only caveat would make is -- absolutely. I don't mind appointing them. The only caveatl would put -- Commissioner Spence -Jones: You got to meet them. Commissioner Carollo: -- is if someone then from District 3 comes to me and says, Commissioner, you know -- Commissioner Spence -Jones: That's fine. Commissioner Carollo: -- then, you know -- but other than that, no, I don't have a problem with it at all. And at the same time, as far as actively seeking, I'm really not sure what the CRB (Community Relations Board) does. I mean, yes, I've read what they do, but at the same time -- andl spoke to the Administration about this -- you know, a few months ago -- maybe it was a little bit more, you know -- andl kind of don't want to bring this up, but I kind of -- I have to. There was seven police shooting with black men, white officers, and there was a lot of tension. Andl expected then that's where the CRB, you know, steps in and is some type of a liaison. And maybe I'm wrong. I just -- I didn't see, you know, that happening. And again, maybe I just didn't see it, but I just didn't see that happening. And again, I don't see where really there -- you know, people have come to me and wanted to be there or the need for it. So again, Commissioner City ofMiami Page 34 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Spence -Jones, if you have recommendations, you know, I welcome them. Commissioner Spence -Jones: Yeah. I'll provide them to your office. Now is that the only thing that's going to cure this is the additional recommendations? Commissioner Carollo: And excuse me, though, but if each Commissioner has ten -- I'm sorry. If each Commissioner has two appointments for a total of ten -- andl don't know what's the -- Commissioner Spence -Jones: Ratio. Commissioner Carollo: -- total, the truth of the matter is not just because of my two, you should have some quorum. Ms. Wheeler: No. You're correct. Commissioner Carollo: Right. Ms. Wheeler: You're correct. Commissioner Carollo: It's not -- the issue is not that I haven't appointed someone. The issue is that as a whole -- Commissioner Spence -Jones: They're not attending. Commissioner Carollo: -- they're not attending -- Ms. Wheeler: You're correct. Commissioner Carollo: -- which goes back to how active are they. I know a few months they should have been -- at least in -- you know, from my perspective, they should have been active. I didn't see them being active. I don't know realistically, you know, how much of a need we have for this board, which is what Commissioner Sarnoff is saying. Ms. Wheeler: IfI may? Commissioner Carollo: And to have a quorum of two people, you know -- Commissioner Spence -Jones: So you're not getting the majority of the folks coming? Ms. Wheeler: We've had this year actually a quorum. Last meeting, we did not. You have to also realize that because of the budget cuts, their budget that was dedicated for some of the events that Commissioner Carollo has mentioned, the Goodwill program that was very successful and many other programs that were done by the CRB were eliminated. So they're actually working now with zero budget. Everything is, you know, volunteer work. They are very active right now. They're working on addressing the bullying in schools, which is one of the major issues. They have not been attending, like the Commissioner said, where there's been some police activity because they haven't even had the chance to do the training for mediation. So we're trying to identify the dollars for that. They have to have the mediation. You have good members right now. You have Judge David Young. You have Mr. Lemos, who's the chairperson, and he's basically working very hard. They just had a meeting in the community. Last meeting was in Overtown. So I, as a previous member of the board, think this board is very good for the community because it puts faces that they know -- for example, Reverend Wilcox is on the board. But right now they're going through the transition and some of the members that have been there -- and you will get from us next month some other members are going to have to be replaced because they've exceeded the four in a year. My job this year has been to make sure that work City ofMiami Page 35 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 with Priscilla in putting this on the agenda. So Commissioner Carollo's correct. It's not just his two appointments. It's a general kind of happening in the board. We only get about five or six members every time. Commissioner Spence -Jones: Okay. Ms. Thompson: Chair. Chair Suarez: Yes. Ms. Thompson: IfI might, just to answer Commissioner Spence -Jones and to further verify the numbers for you. It is a 13-member board because the Mayor has three appointments, okay. And Commissioner Spence -Jones, you have Deidra Davis and Nathaniel Wilcox as your appointees. And as Commissioner Carollo said, he has not made his appointments. Okay, so that's the makeup of the board at this time. Commissioner Spence -Jones: So we're going to vote on this item today making the adjustment on this board so that at least you're able to have a quorum with whatever community folks that are part of the board -- whoever shows up, you're able to continue to do business, right? Ms. Wheeler: It's at the will of the Commission. Commissioner Gort: Can you amend it? Most boards, they have at least ten members, right? Ms. Thompson: The majority. Some of them only have five. Commissioner Gort: Can you make it about -- not the majority, but at least one-fourth or something like that so at least we have more than two or three? 'Cause let me tell you, here at the Commission I had a couple of issues and it was only three of us and lost 2-1 and had to take it. Vice Chair Sarnofff. I -- can I just say this to you guys. Any time you allow and afford a board to be whoever shows up, that can be an agenda andl don't know whose agenda it could be. But you have a 13-man board right now in place and you only have to have 5 people show up for a quorum. That is like -- that's the canary in the cave. That's saying something is wrong. And to turn around and to amend and proceed forward is really to put a Band-Aid on an open wound. Andl think we need to fix the wound. And personally think if it's a 13-member board, you want to bring it down in size, that's one thing. But I really think it comes down to a self-examination of what is the board doing and does it need to proceed forward and do we have the right members on it. 'Cause a CRB board, I would think in this town, is probably a justified and pretty good idea just because, you know, we're a town of many multicultural -- and for those communities to regularly see the people that we put on the board -- I mean, I put a judge on this board and you know -- David Young. And David Young, he represents all of us well. And I just -- you're never going to get me to vote for -- Can you imagine if the City Commission, we had trouble showing up? All right, whoever shows up is quorum. Well, it's king for a day, you know. I don't think that's America. Commissioner Spence -Jones: So what is your recommendation? Is your recommendation for maybe perhaps Haydee to reevaluate, you know, who's on the board and what's happening with it? Vice Chair Sarnofff. You know what it comes down to, Commissioner, it comes down -- Commissioner Spence -Jones: 'Cause I just want us to find a solution 'cause -- City ofMiami Page 36 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Vice Chair Sarnofff. No, I get you. Commissioner Spence -Jones: -- she's in limbo and we just -- Vice Chair Sarnofff. Here's what it comes down to. It really comes down to us and it really comes down to us with regard to all these boards because we sort of game it up here. You know, we -- how many seconds, how many minutes because we all want to move forward if we've gone through a tough agenda. I think we need to be called out. When our people are not showing up and we say, well, four fifths waiver requirement for attendance. That's a red flag going up saying, Commissioner Sarnoff -- I'll use me -- your people are not attending Park [sic] Advisory Board. And you should scold me and say to me, Commissioner Sarnoff, why are you voting for a waiver on attendance? Was this person sick? Let me check, Commissioner. I don't think they were. And that tells me I'm not really doing my job 'cause I'm putting somebody on a board who is not attending. Commissioner Spence -Jones: Yeah. Vice Chair Sarnofff. So what's the point? I think the same thing is sort of happening here. And I think it's a more self critical examination of ourselves. Andl think a person in charge of a board, when the Clerk gets up there and starts doing our boards, should say, Commissioner, I just want you to know, your appointee is David Young and David Young has yet to attend a meeting. Now I can say I really believe in David Young andl can get him on the phone right away and find out what his problem is. Or I could say, you're right, Haydee. I shouldn't have this person on the board. Let me give you a new nomination, Judge Genden. I'm just picking judges, just to replace a judge with a judge. So I think it's us, and we don't like to talk about ourselves because, hey, that's self critical examination and that's never pretty. But I think this is just bringing up the fact that we need to examine the way we put people on boards. And candidly, some of the boards that we've had -- we've done this before. We said, what's the need for this board. I think predominantly we all agree a community relations board that's out there doing the things it should be doing before a big event happens has credibility with the community and that credibility will come to bear when an unfortunate shooting happens or when a significant issue comes up to the citizenry so that they can say, you've all known me. I've been here before. I'm not just showing up today. Commissioner Spence -Jones: Right. So the resolution in this is -- I just want -- the resolution is a resolution to withdraw this item, okay, and have Haydee and her team, I guess, reevaluate who is not showing up and who seems not to be interested and then providing us with an update on that? I mean, it just seems like that's really the road that we're going down instead of going with the majority rules so -- Vice Chair Sarnofff. And you know, also, she's taking ownership of this board. Commissioner Spence -Jones: Yes. Vice Chair Sarnofff. And that's what the Administration needs to do. The Manager needs to designate somebody ownership so when the Clerk calls up that board -- and the Clerk just sees a board with numbers and people and sees the statistics, Commissioner Sarnoff appointee. Wow, he's appointed Joe Gerstein and Joe Gerstein hasn't shown up to one event. Commissioner Spence -Jones: Yeah. Vice Chair Sarnofff. So that -- then Haydee says, Commissioner, you know, you appointed him. I've contacted him and he doesn't return my phone calls. Commissioner Spence -Jones: Yes. City ofMiami Page 37 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Vice Chair Sarnoff. Right there I should be taking that person off the board. By the way, I'm using a euphemistic name. I realize I used a former famous person who may not be in great grace right now, but I'm just using names. I should have said Joe Smith, right. Commissioner Spence -Jones: So Haydee, can you provide each one of the Commissioners an update on our board members to see the status of where they are? But I do think that there's a greater issue beyond that. Haydee also communicated that they don't really have the resources as well. So I'm going to ask the Manager -- even though I know everything is very, very tight -- I'm going to ask for the Manager to at least find out from Haydee what is the least amount -- and sometimes it doesn't necessarily have to come from our coffers, but we can use our influence, the Mayor can use his influence to support their need to have mediation training because it doesn't make sense for them to be on the board and they're not being trained to even deal with an issue if it arises. So I'm going to ask for the Manager to sit down with Haydee as well to see what's the minimum that's required in order for you to get your board members to where they need to be. Ms. Haydee: That's a good idea. Vice Chair Sarnoff. And Commissioner Jones [sic], you know, having put Judge Young on that board -- Commissioner Spence -Jones: Yes. Vice Chair Sarnoff. -- he's already trained in mediation. Commissioner Spence -Jones: Okay. Vice Chair Sarnoff. So you actually have a board member who could train the rest of the board members in mediation. Ms. Wheeler: I will bring that up to the board. And I'm not sure when it's scheduled, but they did submit to you a report, the annual report, which states what activities they've done for the year. So if you would like to schedule that for one of the agendas, they can come and make the presentation. Commissioner Spence -Jones: So we're officially withdrawing this item? How do we do this, Madam City Clerk? Commissioner Carollo: Motion to withdraw. Ms. Thompson: That's all you'd have to do. Commissioner Spence -Jones: We have -- didn't we have a motion on it, though? Chair Suarez: There was no motion on the floor -- there is a motion. Commissioner Gort: There was a motion and a second. Commissioner Spence -Jones: It was. Chair Suarez: Yeah. There's a motion and a second. Commissioner Gort: So we have to take it back. Change the motion. Commissioner Spence -Jones: Yeah. City ofMiami Page 38 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Chair Suarez: So do you withdraw the motion? Commissioner Gort: I withdraw the second. Ms. Thompson: No. You had the -- you made the motion, I'm sorry, Commissioner Gort. Chair Suarez: Okay. Commissioner Gort withdraws his motion. Do you withdraw your second? Commissioner Spence -Jones: Yes. Chair Suarez: Okay -- Commissioner Carollo: Motion to withdraw. Chair Suarez: -- Spence -Jones. There's a motion and a second to withdraw. All in favor, sign by saying "aye." Commissioner Gort: Discussion. Ms. Thompson: I'm sorry. Chair Suarez: The mover was Commissioner Carollo. Commissioner Spence -Jones: A discussion. Ms. Thompson: Thank you. Commissioner Gort: Yo, can I discuss? Chair Suarez: Wait a second, wait a second. The mover was Commissioner Carollo. The seconder was Vice Chairman Sarnoff. Ms. Thompson: Thank you. Chair Suarez: Okay. Before we take a vote, Commissioner Gort would like to discuss this. Commissioner Gort: Thank you. The Nuisment [sic] Abatement Board, I named an individual, very active in the community. She has showed up for several meetings and she find out there was no quorum when she was here. She was not called and informed there was no quorum. There's something wrong with the system andl agree with you, Commissioner Sarnoff, we have to work on it. When I first got in here, the -- your board had -- there was a lady who's the chairperson. Ms. Wheeler: Barbara Bisno. It was Barbara Bisno, then I was the chairperson too. Commissioner Gort: Right. They had certain programs that they were working on it. They got involved in the community and that's important. What is the board going to do? I mean, this is -- we got to rethink. And the person you put in charge from the Administration, the person you put in the board has got to be active in that board and has got to be active with us. If the board members are not working, let us know. And if we need to put a program, let's put a program because there's nothing worse to have a judge or someone you nominate in here who take his time, volunteers to come here, and there's nothing to do. If you don't have the product or you don't have something for them to do, they going to get bored. They're not going to come. So we got to analyze both things, the members and what is the purpose of this board. City ofMiami Page 39 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 FR.2 12-00330 Department of Off -Street Parking Ms. Wheeler: Commissioner. Commissioner Gort: Yes. Ms. Wheeler: On your point about opening the meeting and no quorum, it's the only way that we can actually document if a member is not attending. So if there is sometimes, like last meeting, where we went to the meeting, there was no quorum but did take attendance and that's the only way that I've been able, like Commissioner Sarnoff mentioned, to take responsibility of that board and come to you and say there is no quorum, they're not attending. So that's a procedure that we're following right now. Commissioner Gort: Okay, but it makes it difficult for the people. Maybe if you can call them, find out if you're going to have a quorum, then you can tell them, yes, we're going to have a quorum like they do in a lot of the other non -for -profit. They do that quite a bit. But the -- we need to get our boards -- what is their duty? What are they going to perform? What is expected of that board? And that's how we can get people interested. I have to be frank with you. For me, it's very difficult for people to volunteer and give time. Thank you. Chair Suarez: Thank you. There's a motion and a second. All in favor, signifi, by saying "aye." The Commissioners (Collectively): Aye. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE I/SECTION 54-9 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/IN GENERAL/PLACING SIGNS ON ANY PORTION OF PUBLIC RIGHT-OF-WAY, STREET OR SIDEWALK SURFACE", MORE PARTICULARLY BY ADDING SECTION (F) TO PERMIT THE PLACEMENT OF SIGNS OR ADVERTISING ON CITY OF MIAMI, OR AN AGENCY OF THE CITY OF MIAMI, OWNED FACILITIES OR FIXTURES LOCATED WITHIN THE RIGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00330 Summary Form FR/SR.pdf 12-00330 Legislation (Version 2).pdf Motion by Commissioner Carollo, seconded by Vice Chair Sarnoff, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Suarez: Would you like to be recognized on FR.2? Commissioner Carollo: Please, Mr. Chairman. Chair Suarez: Yes. You are recognized. Commissioner Carollo: Thank you, Mr. Chairman. Mr. Manager, what's the purpose of deferring FR.2? Johnny Martinez (City Manager): We -- the Administration and some Commissioners expressed the desire to continue the dialogue with MPA (Miami Parking Authority) regarding the appearance of what's going to be allowed on there and that type of thing. City ofMiami Page 40 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Commissioner Carollo: And how about the Planning --? Mr. Martinez: The Planning -- our Planning Department will be part of that dialogue with the MPA. Commissioner Carollo: Okay. Mr. Manager, also Madam City Attorney, Madam City Clerk, does any one of you have any information whatsoever that stipulates that I am the sponsor of this ordinance? Priscilla A. Thompson (City Clerk): I don't have anything in my record. Mr. Martinez: No. Commissioner Carollo: Mr. Manager? Mr. Martinez: No, sir. Julie O. Bru: No, Commissioner. Commissioner Carollo: Okay. And the reason why I say that is because I am not sure how a reporter can report that I am the sponsor of this ordinance, an ordinance that, according to them and some attorneys, stipulates that the City seeks to put advertisement in fire hydrants, poles -- Chair Suarez: Trees. Commissioner Carollo: -- trees -- shady trees, by the way. But can assure you that am not the sponsor andl had no involvement with this measure whatsoever. However, after all the misinformation, uncertainty, inaccurate reporting, instead of a deferral, Mr. Manager, I want to put an end to this madness andl want to make a motion to deny FR.2. Chair Suarez: There's a motion to deny FR. 2. This is a public hearing. FR.2, any one from the public wishing to speak on FR.2? Mariano Cruz: Me. Chair Suarez: Mr. Kurland, you're recognized for the record. Nathan Kurland: Thank you, Mr. Chairman. Having been informed that FR.2 was being deferred, I wasn't exactly prepared to come before you, but I couldn't be happier than to hear Commissioner Carollo's motion. I believe FR.2 -- actually, it shouldn't have even been considered by you. It doesn't refer to standards. It doesn't refer to size. It doesn't refer to what kind of advertising. It doesn't -- I mean, it's illegal under County code. There seems to be a dozen reasons why FR.2 should not certainly have been brought before you today. So just to speak in support of Commissioner Carollo and to ask all of you to follow his lead and absolutely vote to deny this FR. 2. Thank you. Chair Suarez: Thank you, Mr. Kurland. Mr. Cruz: Yes. Chair Suarez: Mr. Cruz. Mr. Cruz: Mariano Cruz, 1227 Northwest 26 Street. I am speaking -- I think that FR. 2 should be considered. You know why? Because the City is looking for revenue. I go outside there andl City ofMiami Page 41 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 look at the buses. West Kendall Toyota and the buses advertising all around. I came down 17th Avenue, Miami (UNINTELLIGIBLE) Marlins Stadium, Miccosukee, Pepsi, every place is advertise. You go to Time Square and you see advertising. (UNINTET,T IGIBT ,F) it would be better than all those American Traffic Solutions, all those cameras that they put all over the place, a hundred and some now that is problem for us because I talk to the people out there. People are really mad at that. Andl tell them (UNINTELLIGIBLE) -- well, you were not at the Commission when they vote. All the Commissioners vote for the camera. Go and complain to the Commissioner. If you get a ticket, take it to him because this is -- this will be a lot better, a private -- public -private partnership to make money for the City than the American Traffic Solution with all the lobbyist here 'cause I remember all the lobbyist that came here; De La Portilla, Carlos Gimenez, Jr., Larry (UNINTELLIGIBLE), all of them, making big money here. Chair Suarez: Thank you, Mr. Cruz. There's a motion. Is there anyone else from the public that wishes to speak on FR.2? Commissioner Gort: Is there a second? Commissioner Carollo: And Mr. Chairman -- Chair Suarez: Not yet. There's -- the public hearing is now closed -- Commissioner Carollo: Mr. Chairman. Chair Suarez: -- coming back to this Commission. Commissioner Carollo. Commissioner Carollo: Thank you. Andl respect what Mr. Cruz is stating. If the Administration feels in the future that they want to bring this back in some form once there 's clarity and not all this misinformation, uncertainty, whether this attorney says this or has ruled this or has ruled that, I'm sure they can. But the bottom line is, my motion is to put this madness to an end. Chair Suarez: There's a motion by the Commissioner. Is there a second? Vice Chair Sarnofff. For discussion, Mr. Chair. Chair Suarez: Second by the Vice Chair. Commissioner Spence -Jones: Discussion. Vice Chair Sarnofff. Can be recognized? Chair Suarez: Yes. You're recognized, Mr. Vice Chair. Vice Chair Sarnofff. Mr. Manager, my understanding is that you needed this or some form of this to allow for these bike rentals throughout our city. Andl don't want to throw the baby out with the bathwater because for those of you that know or don't know, obviously, Miami Beach has what is considered the best opening bike rental program in the United States, and yet, it's losing money. So with the best opening bike program in the United States, it won't remain unless they can do some advertising. The advertising dollars associated with, I guess, the back of the bike -- I think there's a little back of the bike panel that you can advertise -- will allow them and afford them to remain viable. And the idea behind it was to bring it to Miami so you could rent a bike in Miami Beach and drop the bike off in any one of five, six or seven stations in the City of Miami. Is it this --? 'Cause I don't want to vote this down if the intention was to allow us to have the bike rental program that would be cross generating with Miami Beach. City ofMiami Page 42 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Albert Sosa: Albert Sosa, director of Capital Improvements. IfI may answer that question, Commissioner. Yes, the second portion of the amendment to the ordinance was specifically created or added to this ordinance of the MPA to allow for the bike rental program. However, in speaking with the Administration, we're prepared to come back at a later date with a more specific ordinance as it -- tailored specifically to the bicycle program. We don't see an issue with that so -- Vice Chair Sarnoff And Madam -- I'm sorry. Can I still --? Chair Suarez: No, no, please, yes. Vice Chair Sarnoff Madam City Attorney, will a vote today voting this down preclude them from bringing back a more tailored response regarding the bike program so that we could have rental bikes in Miami? Ms. Bru: No, Commissioner, it won't. Vice Chair Sarnoff Okay. Chair Suarez: Thank you. Any further discussion? Commissioner Gort. Commissioner Gort: You know, we keep talking reoccurring revenue andl don't mind voting as long as they bring it back, but I want to make sure when you put something together, make sure you put all the information, talk to us, get all the information because when I hear that we going to put -- and this is a newspaper that is very well read -- advertising in trees when we just gave someone -- for planting trees, we gave him a recognition, I don't think it's fair. Somehow, there is a miscommunication between the information that the press is getting and the information that we're putting out. We going to make sure whenever you put something together, talk to all of us, get the input. I don't have any problem in getting additional funds. I mean, we're talking about we need reoccurring revenue. We're talking about working with the private sector. Things being done well. Downtown Miami, if you recall, we began the banners and it was something that worked. It improved the image of the City and brought some revenues. Andl think it's very important that we look at all the options that we have. We might not like it. I understand there's a lot of people that would like to see this, Miami, the way it was 30 or 40 years ago. Unfortunately, it's not like that anymore. I mean, I got to lock my doors. I got to lock my gates. I didn't have to do that 20 or 30 years ago. Things are changing. We need additional revenues. People want service, but they don't want to pay any more. So we really got to think about this. Thank you. Chair Suarez: Thank you, Commissioner. Commissioner Spence -Jones. Commissioner Spence -Jones: I guess I'm the last one to read the article, but I just want to be clear of a couple of things because some statements were made and l just want to have my fellow colleague clear it up for me. In this particular article, did it -- didl miss it or is there another article? Did it mention your name in it? It did? Okay. 'Cause obviously what we pulled down wasn't correct. So basically, what you were trying to do is make sure you cleared your name out of this whole -- I just wanted to be clear. 'Cause the article thatl have I guess is not the expanded version of it. I know that our City Attorney, she did clam for sure -- Madam City Attorney says here that the City does not seek to nail ads to trees, correct? So I think the Administration did communicate what the ordinance was going to do. But of course, the media wrote what they thought was going to happen anyway. So I want to make sure -- on the Administration side, I think that they did respond in a proper manner to let them know exactly what the item was seeking to do. I support Commissioner Carollo 'cause I do understand to have something printed about you that is just quite not true, you know, and you want to, you know, clear it up. I also want to just add on that -- I also understand Commissioner Gort's viewpoint City ofMiami Page 43 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 as well that we are in a situation that we need to look at additional ways to create revenue so that we can maintain our City services, and of course, our staff. I just want to understand -- before we actually take this vote on this because this is an item that was pulled and this issue happens a lot. When an item is not correct on the agenda, we pull it and we bring it back at a later date. Are we just doing -- are we making a vote to show that we're in support of our colleague and what has happened to him regarding this issue? Because normally if it's an item -- I just want to be clear -- Madam City Attorney, that we have a problem with, we just pull it and we defer it to another time, correct, and then just bring the item back? There're several items we've done that with already. So this is more of a symbolic thing than anything else. I just want to make sure I'm clear on this. It's more of a symbolic thing. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, Commissioner Carollo. Commissioner Carollo: Commissioner Spence -Jones, we could call it symbolic, but at the same time, it appears -- and if you read that article -- Commissioner Spence -Jones: Yes. Commissioner Carollo: -- wholeheartedly, you see that supposedly the City's thinking of putting advertisement -- and attorneys have stipulated that that's how their interpretation is -- that we're going to put -- well-known attorneys, by the way -- Commissioner Spence -Jones: Yes. Commissioner Carollo: -- advertisements in light poles and fire hydrants and anywhere in the public right-of-way, even shady trees -- Commissioner Spence -Jones: Right. Commissioner Carollo: -- that we can. So it doesn't seem like we need to tweak this. It seems like the Manager needs to overhaul this and make sure that when it comes back to us -- or Art Noriega and the Parking Authority that actually were the sponsors -- to make sure that when it comes before us, it is clear, we have our attorneys involved -- Commissioner Spence -Jones: No problem. Commissioner Carollo: -- and everybody knows exactly what this is. Commissioner Spence -Jones: So we're -- Commissioner Carollo: Because right now as it stands, there is too much uncertainty, there's too much confusion -- Commissioner Spence -Jones: No problem. Commissioner Carollo: -- inaccurate reporting and l just -- I think this needs to die and go away because this madness of putting advertisement in fire hydrants and light poles and anywhere in the right-of-way, I think is just absurd. Not to mention, to then inaccurately state that I'm the sponsor of this. So I think it just needs to go away. Should the management, should the MPA in the future want to bring it in some order -- some other form, if it's just a bike, you know, then that's something different. But I really do believe for the better of this city and all of us, this needs to go away. City ofMiami Page 44 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Commissioner Spence -Jones: Okay, so we're just -- at this point, we're not -- we're actually killing the item. Commissioner Carollo: Yes. Commissioner Gort: It can come back. Commissioner Spence -Jones: Okay. Chair Suarez: Commissioner Gort. Commissioner Gort: Let me ask a question. When we put an ordinance together, we work with the Law Department. Am I correct? Okay. In any -- and this is just to clear the air. At any time that we -- in this ordinance we could place signs in the fire hydrants and the telephone poles because I want to clarify this. Was that part of the --? Because we have not heard it from the Administration, soI read it andl didn't see any of that in what read. So let's make sure we were not going to put it in any trees or anything like that. Okay. Thank you. Vice Chair Sarnoff. Mr. Chair. Chair Suarez: Thank you. Vice Chair Sarnoff. Mr. Chair. Chair Suarez: Yes, Mr. Vice Chair. Vice Chair Sarnoff. You know, let me just say kind of a broad spectrum statement about advertising in Miami. Scarcity breeds value. The more you restrict a person's ability to use commercial advertising, the more value exists when you allow them under restricted circumstances to have that particular advertisement. Now the City's mural program, I know I've touted it and I'll continue to tout it. And the reason I'm touting it is you presently receive approximately $4.5 millon a year annual recurring revenue from a program. To give you all a perspective -- andl think Commissioner Spence -Jones was there. I know we all lived in the City - - but when I came into office, there were 87 murals in the City ofMiami, 87. Eighty-one of them existed in District 2. Twenty of them are what were called settlement murals. They were allowed to pay $500 a day and they theoretically would pay the City ofMiami under a settlement agreement with Code Enforcement. Today you presently have approximately 25 murals in the City ofMiami, so you have come down 75 percent the amount of advertising that existed before. By reducing it -- and by the way, the entire amount of revenue the City was receiving when I first came into office was $60, 000 a year, six zero. So you went from 87 murals to approximately 25 - - you can -- you're allowed to have more, but there are probably up 25 right now. And you are - - went from 60,000 a year to 4.5 million. As I said before, to put that comparatively to any city in the United States, you are the best city at regulating and receiving revenue for murals. However, the more we dilute, the more we make advertising less scarce -- so the more advertising we put out there, the less valuable a mural sale will become. And by doing that, we're diluting another program, so I think -- in retail, they call it same -store sales, so what we're going to be doing is as we continue to figure out different revenue schemes, we're going to dilute the revenue stream that we already have. And l just -- I bring to you a concept that every retail -- well, every woman knows diamonds. Every woman loves diamonds. But if diamonds were plentiful, they wouldn't love them so much. If diamonds were available, they wouldn't love them so much. It's scarcity that brings value. They're a scarce commodity. And we should make our advertising ability in Miami a very scarce commodity, a highly -regulated commodity, and a commodity that is done in a very restrictive sense. I think that this Commission, at least since 2006, maybe 2007, has understood scarcity brings value. And I just bring that to bear as part of a public discussion, as part of my colleagues, to say to them, just be careful we don't dilute a program that we have -- City ofMiami Page 45 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 or if the analogy being same -store sales, let's not dilute our same -store sales. Commissioner Gort: Commissioner, I want to thank you for bringing that point. That's why when Commissioner Carollo bring something out, you got to look at it. Discussion is very important. This is something that we didn't think of before, and) thinkyou hit it right on the point, and) thinkyou should let the Administration know the differences between what we have now and what can happen. Thank you. Chair Suarez: Thank you, Commissioner. You know, I was not convinced. I was going to vote in favor of this. In fact, I was pretty convinced) was going to vote against this if it came up for discussion today. We were told in the morning that it was going to be deferred. I think advertising is a very tricky phenomenon and particularly as it relates to the City ofMiami. And as the Vice Chair mentioned, since he's been here and since I've been here, I would say the vast majority of the actions that we've taken with respect to advertisement have to do with reducing the amount of advertisement. And I think lately -- I'm not sure exactly why there's been a little bit of a switch to activities which don't reduce the amount of advertising but actually potentially proliferate the amount of advertising. And you know, we have to be very, very careful, even at the risk of losing a little bit of revenue for the City ofMiami because not all revenue is equal, you know. Tax revenue, we could get tax revenue if we wanted to raise the millage rate. I don't see anybody here proposing a millage rate increase. So you know, I think whenever you get money coming in, unless there's a very few instances, you may be impacting something else or someone else. So I will support Commissioner Carollo in this, and) would have supported him had he had these concerns about the item, you know, without, you know, mentioning the article or any of those other things. So there is a motion and a second and this is an ordinance. Ms. Bru: If you're just moving to deny, I don't have to read the ordinance. Chair Suarez: You don't have to read, okay. It's a motion and a second. All in favor of denial, signify by saying "aye." The Commissioners (Collectively): Aye. Chair Suarez: It passes unanimously. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, Commissioner. You're recognized. Commissioner Carollo: First of all, I want to thank my colleagues. You know, usually when I say that) haven't slept much at night, I come back the next day and) think you -- most of you can attest that) will know the agenda inside and out. Unfortunately, that was not the case. You know, something like this is -- you know, someone's reputation that, you know, you've worked so hard for and when you see something like this, you know, it really bother me. And not to mention, my wife and point blank asking me, you're so talented, why are you in this, you know, when something like this happens. You know, when you read the whole article, you'll see how right after saying that) sponsor it, it mentions as a whole paragraph on this. And l just hope that what is reported tomorrow with the same fanfare as today's article is not only that Commissioner Carollo was not the sponsor of this measure, but he made the motion to kill this madness of sign everywhere, and I really thank my colleagues. Thank you. Chair Suarez: Thank you. END OF FIRST READING ORDINANCES RESOLUTIONS City ofMiami Page 46 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 RE.1 12-00420 District 4- Commissioner Francis Suarez RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE MISSION OF THE FLORIDA COLLEGE ACCESS NETWORK (FLORIDA CAN), A NON-PROFIT ORGANIZATION WHOSE PRINCIPAL GOAL IS TO BOOST COLLEGE ENROLLMENT AND GRADUATION RATES THROUGHOUT FLORIDA; DIRECTING THE CITY MANAGER TO IDENTIFY SOCIAL SERVICE PROGRAMS CURRENTLY OPERATING IN THE CITY OF MIAMI WHICH WOULD ASSIST IN INCREASING THE PROPORTION OF FLORIDA RESIDENTS AGE 25-64 WITH A HIGH -QUALITY POST -SECONDARY DEGREE OR CREDENTIAL TO 60% BY 2025. 12-00420 Legislation.pdf Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-12-0177 Direction by Commissioner Gort to the Administration to bring back at the next Commission meeting a proposal, in coordination with the Parks Department and the Florida College Access Network, for the implementation of a program that will further support the goals and mission of the Florida College Access Network. Chair Suarez: RE.1. RE.1 is an item that I've sponsored and it's basically a resolution which request that the Administration work with the Florida College Access Network. And basically, Florida currently ranks slightly below the nation in the percentage of adults age 25 to 64 who have a college degree. And Florida's expected to fall substantially behind the nation on this measure in 2025. The City ofMiami and Florida College Access Network wish to form a strong alliance to collaborate on efforts to promote college readiness, access and success through research, communication, advocacy and support. And the City has certain programs at its parks and various facilities which may assist adults and young adults to further their education. Basically, what we're doing here is directing the City Manager to identify social service programs currently operating in the City which would assist in increasing the proportion of Florida residents age 25 to 64 with a high -quality, post -secondary degree or credential to 60 percent by 2025. Commissioner Gort: Move it. Commissioner Carollo: Second. Chair Suarez: Moved by Commissioner Gort, second by Commissioner Carollo. Any discussion? All in favor, signift by saying "aye." The Commissioners (Collectively): Aye. Chair Suarez: RE.2. Madam Attorney, you're recognized. Commissioner Gort: Before we go further on this -- Chair Suarez: Yes. City ofMiami Page 47 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Commissioner Gort: -- I want to make sure because this is very important. I mean, the more you read, the more you need to understand if you want your community to move on and become successful, you have to educate your community. I want to make sure the Administration understands that they got to work with the Parks Department and with this institution and set up a program to be enforced. And I'd like, since we passed this, for the Administration to come back at the next board meeting with a plan, okay. Chair Suarez: Thank you. Commissioner Gort: Thank you. Chair Suarez: Thank you, Commissioner. Thank you for your support. RE.2 RESOLUTION 12-00424 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney EXPENDITURE OF ATTORNEYS FEES AND COSTS FOR THE ENGAGEMENT OF OSCAR MARRERO, ESQ., OF THE LAW OFFICES OF OSCAR E. MARRERO, FOR THE REPRESENTATION OF POLICE LIEUTENANT, JEFFREY LOCKE, AND THE ENGAGEMENT OF MICHAEL FERTIG, ESQ., OF THE LAW FIRM OF AKERMAN SENTERFITT, FOR THE REPRESENTATION OF POLICE OFFICER MICHAEL CADAVID, IN THE CASE OF GILBERTO MATAMOROS VS. CITY OF MIAMI, ETAL., PENDING IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 12-21016-CIV-HOEVELER; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000. 12-00424 Memo - Office of the City Attorney. pdf 12-00424 Legislation.pdf Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-12-0178 Chair Suarez: RE.2. Julie O. Bru: Mr. Chair, this is a resolution that seeks authority to expend funds in order to retain counsel -- conflict counsel for two police officers in a federal civil rights case. Chair Suarez: Thank you. Is there a motion? Vice Chair Sarnoff. So moved. Chair Suarez: Moved by the Vice Chair. Is there a second? Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. Any discussion? All in favor, signifi, by saying "aye. The Commissioners (Collectively): Aye. City ofMiami Page 48 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Chair Suarez: Passes unanimously. RE.3 RESOLUTION 12-00076 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING AMENDMENTS Management and TO APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY Budget REQUIREMENTS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2012. 12-00076 Summary Form.pdf 12-00076 Memo - Information for FY' 11-12.pdf 12-00076 Legislation.pdf Motion by Commissioner Carollo, seconded by Vice Chair Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item RE.3 was deferred to the Commission Meeting scheduled for May 10, 2012. RE.4 RESOLUTION 12-00201 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS CANCELING AND TERMINATING THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND OLYMPIA BUILDING PARTNERSHIP, LTD., INCLUDING TERMINATION AND CANCELLATION OF THE SUBLEASE WITH OLYMPIA RESIDENTIAL BUILDING PARTNERS, LTD., TRANSFERRING POSSESSION OF THE COMMERCIAL AND RESIDENTIAL PROPERTY TO THE CITY OF MIAMI, ASSIGNING ALL EXISTING COMMERCIAL AND RESIDENTIAL TENANT LEASES TO THE CITY OF MIAMI, RELEASING OLYMPIA BUILDING PARTNERSHIP, LTD., OF ALL COVENANTS, CONDITIONS, AND OBLIGATIONS ARISING UNDER THE LEASE, SATISFYING LEASEHOLD MORTGAGES, AND ACCEPTING THE TRANSFER OF TENANT SECURITY DEPOSIT FUNDS FROM OLYMPIA BUILDING PARTNERSHIP, LTD., IN SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE OLYMPIA BUILDING PARTNERSHIP, LTD., IN THE CASE OF CITY OF MIAMI VS. OLYMPIA BUILDING PARTNERSHIP, LTD., PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 03-28667-CA-27. 12-00201 Memo - Office of the City Attorney. pdf 12-00201 Legislation.pdf 12-00201 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Vice Chair Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item RE.4 was deferred to the Commission Meeting scheduled for May 10, 2012. City ofMiami Page 49 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 RE.5 RESOLUTION 12-00363 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MANAGEMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FORA FIFTEEN (15) YEAR INITIAL TERM, WITH UP TO THREE (3) FIFTEEN (15) YEAR TERM OPTIONS TO RENEW, WITH OLYMPIA CENTER, INC., A FLORIDA 501(c)(3) NOT -FOR -PROFIT ORGANIZATION FOR THE ADMINISTRATION, OPERATION AND MANAGEMENT OF THE RESIDENTIAL AND COMMERCIAL RETAIL PORTION OF THE HISTORIC GUSMAN CENTER FOR THE PERFORMING ARTS PROPERTY LOCATED AT 174 EAST FLAGLER STREET, MIAMI, FLORIDA 33131; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL OTHER NECESSARY DOCUMENTS FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO COMPLY WITH REQUIREMENTS OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, THE CITY OF MIAMI'S OBLIGATION UNDER THE SUNSHINE STATE LOAN POOL PROGRAM AND THE CITY OF MIAMI'S HOMELAND DEFENSE/NEIGHBORHOOD CAPITAL IMPROVEMENTS BOND PROGRAM, SUBJECT TO AN APPROVING OPINION OF BOND COUNSEL. 12-00363 Summary Form.pdf 12-00363 Legislation (Version 2).pdf 12-00363 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Vice Chair Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item RE.5 was deferred to the Commission Meeting scheduled for May 10, 2012. BUDGET BI.1 BUDGET DISCUSSION ITEM 12-00093 Department of STATUS (SEC.18-542(b) CITY CODE) Management and I. 2011-2012 BUDGET Budget II.PROPOSED 2012-2013 BUDGET 12-00093 Summary Form.pdf DISCUSSED Chair Suarez: Okay. We're zipping through this. BI.1. Danny Alfonso: Danny Alfonso, director, Management and Budget. We're having another good month. I want to report that for the first six months of operation, the City ofMiami has brought in $290 million in revenue and that is $7 million better than we had for the same period the year before. On the expenditures side of the operation of the 2012 budget, we're actually performing $10.6 million better than we were last year for the same period of time. Now that makes perfect sense because our budget for '11/'12 is roughly $20 million lower than it was the prior year, so it makes good sense that you should be about $10 million below. But that confirms for us that we City ofMiami Page 50 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 DI.1 12-00146 Department of Public Facilities are tracking as budgeted. We're keeping an eye on all the departments of giving you a report that talks, per department, how we're doing. Most departments are below the 50 percent threshold year-to-date. There's a couple that are slightly above, but we're tracking those closely and we understand what is going on with them. There's some issues with some reimbursements that lag. There are some adjustments that we needed to make in the mid year that will correct some of those issues. But as of right now, we really don't have any major concerns. Anything that may come in the future may change that, we'll inform you of that. Chair Suarez: And it appears to date in this budget that our cash position is actually improving quite a bit -- Mr. Alfonso: Well -- Chair Suarez: -- so far, obviously. Mr. Alfonso: -- in terms of revenue versus expense -- Chair Suarez: Right. Mr. Alfonso: -- which is whatl started with saying -- Chair Suarez: Right. Mr. Alfonso: -- we are better than we were last year at the same time. Chair Suarez: Right. Mr. Alfonso: Last year at this time, we had brought in $7 million less than we've actually brought in this year. And on the expenditure side, we had spent 10 million more than we have spent this year. So that tells me that there should be more cash as of right now. Chair Suarez: Thank you. Thank you, Danny. Any questions? Thank you. Mr. Alfonso: You're welcome. END OF BUDGET DISCUSSION ITEMS DISCUSSION ITEM DISCUSSION REGARDING A REPORT DETAILING THE COMMITMENTS AGREED TO BY FLAGSTONE ISLAND GARDENS AND THEIR RESPECTIVE STATUS COMPLETION. 12-00146 Summary Form.pdf DISCUSSED Chair Suarez: Two p.m., Flagstone, time certain. Henry Torre: Good afternoon. Henry Torre, director of Public Facilities. DI.1 is a discussion City ofMiami Page 51 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 item regarding a report detailing the commitments agreed to by Flagstone and the respective status completion. Prior to turning it over to the Flagstone representatives, I would like to advise that all 20 items that were required by the state and the City have been complied with. Chair Suarez: Okay. Mr. Torre: I'd like to at this time introduce the Flagstone representative. Chair Suarez: So you're saying that they've complied with all aspects of their -- Mr. Torre: Yes, sir. Chair Suarez: -- supposed contractual obligations to this point? Mr. Torre: Correct, Commissioner. Chair Suarez: Mr. May, do you have --? Brian May: Sure. Mr. Chairman, members of the Commission, Mr. Manager. First of all, thank you. Brian May, representing Flagstone. We're here really just to give you a brief update on the status of the project and where we stand today. We're pleased to report to you that things are moving along rather well. The market is picking up. It is moving along to such a degree that the Bayraktar family is actually very seriously looking at trying to actually develop the project all at one time and not necessarily in the phases. I cannot stand here today and tell you that that is something that's been achieved, but it is certainly a goal. And having said that, certainly we -- the company is preparing to actually develop the project in stages as we allowed for in the agreement. We're also pleased to announce to you that there is due diligence underway right now with a potential equity partner who's actually looking at coming in and providing additional equity at the project. And we are at this point actually beginning to interview flags for the hotel portion of the project, which there is significant interest for. In addition to that, over the summer, we will begin to start looking at, you know, preleasing opportunities for both the fractional ownerships on the hotel side and also on the retail. And that really is where we stand at the moment. We did talk briefly with Commissioner Spence -Jones about the training center with regard to the project. And Flagstone has been in discussions with the contractor -- it was Coastal Construction -- about that issue. And right now they are working through the various skill sets that would, you know, be needed as part of a training center. And the plan is that we get closer to construction, I would say 60 days out from construction, that we will actually bring the training center aspect of the project up. And until that time, we're going to be doing some work with the Commissioner and happy to deal with all of you as well to do some reach -out into the community and make sure that that's carried forward correctly. Chair Suarez: Thank you, Mr. May. Is there anyone --? Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: Yes. Firstl wanted to commend Robin and Asset Management, the whole team for definitely adhering to some of my concerns and going back to look at the records and making the adjustments. I really appreciate it. And want to tell Brian on the record that I appreciate you hearing my concerns as well and making the adjustments. My only concern was always just making sure that the jobs part of this -- 'cause that was the big sell when I was -- when you talked to me about this whole thing. Mr. May: Absolutely. Commissioner Spence -Jones: I wanted to make sure we lived up to our commitment. So on the Miami Works initiative that we have, the new center that's going to be opening -- I don't know if City ofMiami Page 52 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Lillian is somewhere in the building, but I would like to at least definitely make sure you meet her so that this becomes an opportunity to be posted through the City sites. And then also the apprenticeship program, which is what we originally started this whole conversation with, which is the apprenticeship program through the unions -- I believe it's the carpenters, the plumbers, the electricians. I just want them to be able to have an opportunity 'cause that was a part of the original discussion. Mr. May: Sure. Commissioner Spence -Jones: And then last, but not least, the wonderful Japanese garden that we have, the park space. I do understand that one portion of this park we're not able to deal with now 'cause it's more of a staging -- Mr. May: Right. Commissioner Spence -Jones: -- for the port tunnel. Mr. May: Yes. Commissioner Spence -Jones: But the other green space, I'm assuming, based upon what Robin has communicated to me, that, you know, that will start as soon as we move into the next phase of the agreement, correct? Robin Jones -Jackson (Assistant City Attorney): Correct. As soon as Flagstone enters into the ground lease, then the responsibilities in connection with the two park projects take over. Thank you. Commissioner Spence -Jones: Okay. And then that's Lillian over there, the lady in pink. She's constantly looking for jobs, so I'm sure she -- if you guys can at least connect before you leave, andl greatly appreciate that. Thank you. Chair Suarez: Thank you, Commissioner. Mr. May: Mr. Chairman, I'd like to -- Chair Suarez: Yes. Mr. May: -- just put two things on the record. One being with regard to the labor peace agreement, which, you know, was the subject of discussion as -- you know, upon approval of the agreement. We have been in discussions with Unite Here about that and the flags -- the hotel flags that are interested in the project and who we are interviewing now are eminently aware that that will be required as part of any flag coming onboard the site. And we have been in discussions with Unite Here. And as soon as we start to firm up, you know, that piece of the project, we will be entering into an agreement. Chair Suarez: And l just want to clam, Mr. May, that this is DI.1 and DI.2. They're both combined -- that we're combining the discussion for the two items. And if you have any additional things to add in terms of the status of funding or anything of that nature, now would be an appropriate time so that we can just get it resolved. Mr. May: At this point, I think we've covered just about everything so we're fine. Thank you. Chair Suarez: Okay. Thank you. Ms. Jones -Jackson: Mr. Chair, just to clam. City ofMiami Page 53 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 DI.2 12-00147 Department of Public Facilities DI.3 12-00077 Chair Suarez: Yes, Ms. Jackson. Ms. Jones -Jackson: Thank you. Just to clam -- Robin Jackson, assistant City Attorney. As Flagstone had agreed with the City last time that they were here to make an update and report, what the -- Commissioner Spence -Jones was referring to is they voluntarily increased the local requirement on jobs training from 10 percent to 40 percent and that is being put in place. Thank you. Chair Suarez: That's great. Mr. May: Yes. Chair Suarez: Thank you. Thank you -- Commissioner Spence -Jones: Thankyou, Brian. Mr. May: My pleasure. Chair Suarez: -- Ms. Jackson, for all your help. You've been -- and thank you, Public Facilities, as well. Thankyou. DISCUSSION ITEM DISCUSSION REGARDING A REPORT DETAILING THE STATUS OF FUNDING FOR THE FLAGSTONE ISLAND GARDENS PROJECT. 12-00147 Summary Form.pdf DISCUSSED Note for the Record: Please refer to Item DI.1 for minutes referencing Item DI.2. DISCUSSION ITEM DISCUSSION CONCERNING THE CITYATTORNEY'S PREPARATION OF VARIOUS RESOLUTIONS FOR CHARTER AMENDMENTS THAT CHANGE THE DATES OF THE CITY OF MIAMI'S ELECTIONS TO COINCIDE WITH COUNTYWIDE ELECTIONS. 12-00077 Summary Form.pdf CONTINUED Chair Suarez: Commissioner, do you want to go to your item or do you want to just wait for another day? Commissioner Spence -Jones: I think we all need massages after this. Chair Suarez: Yeah. Vice Chair Sarnoff At full rate, no discounts. City ofMiami Page 54 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Commissioner Spence -Jones: Yeah, no discounts. Vice Chair Sarnofff. But maybe a little more effort. Commissioner Spence -Jones: Mr. Chairman. Chair Suarez: Yes. Commissioner Spence -Jones: I mean, I think that we've had enough of Charter talk today. Chair Suarez: Gotcha. Commissioner Spence -Jones: I know I've had this item on how many times now? Chair Suarez: Many. Commissioner Spence -Jones: Many. So what -- everybody just look like they worn out about Charter right now. What -- Madam City Clerk, when do we have to make the final decision on this? Priscilla A. Thompson (City Clerk): If you wanted it to be included in August, it'll be May 25, and in November, July 24. Commissioner Spence -Jones: I think we're shooting, more or less, for November, right? Vice Chair Sarnofff. Well, can we do this? Can I make a suggestion, Mr. Chair? Why don't we have time certain in the morning for Charter discussion --? Commissioner Spence -Jones: In the morning? Chair Suarez: No. In the morning, I'm saying, on May 25 [sic]. Commissioner Spence -Jones: Oh, okay, okay, okay. Vice Chair Sarnofff. Yeah, yeah, yeah. No, no, no, no, not -- I'm -- look, I'm with you. I think we've had enough Charter discussion too. I probably will not be here, Mr. Chairman, at the next Commission meeting because I'll be traveling in Europe. But having said that, I would -- Sorry? I know; two in a row, right? Commissioner Gort: (UNINTET,T IGIBT ,F) Vice Chair Sarnofff. I know. It's been a lot of travels. But I'd like to be here. Can we put on a time certain for the May 25 [sic], maybe in the morning so that we maybe start pretty quickly at it? Commissioner Spence -Jones: Twenty -Fourth. Vice Chair Sarnofff. Twenty -Fourth, I'm sorry. Chair Suarez: Yes. Vice Chair Sarnofff. Okay. Chair Suarez: That's fine, right? Andl think we -- you know, like 9 or 10. I'll figure it out. City ofMiami Page 55 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Okay, motion -- meeting adjourned. Vice Chair Sarnoff. Thanks. DI.4 DISCUSSION ITEM 12-00348 Office of Grants UPDATE ON THE ONE STOP CAREER CENTER PROJECT AT LINDSEY Administration HOPKINS. 12-00348 Summary Form.pdf 12-00348 Critical Action Plan.pdf DISCUSSED Lillian Blondet: I'm sorry, Commissioner. Lillian Blondet, Office of Grants Administration. I just wanted to bring the board up -to -speed on what we've done with the Lindsey Hopkins. We have some critical areas that we had identified for this project and l'm glad to announce that we are really, really moving forward with the opening of the center very soon. We have signed all the agreements necessary to be able to start the construction, to budget the positions and start the hiring process. On the construction side, we already have the permits, the design for the site. We were able to utilize a contractor that was competitively procured from the City that was also allowed to work at the school so they started construction this week. That construction, which is a minor -- it's mainly electrical to set up for computers and phones and all of that, should take four to five weeks. And the setup of the center, like moving furniture and making connections with the computers and all of that, should take three to four weeks and some of the activities will be concurrent. So we're hoping that all of that, the setup of the site, will be completed within eight weeks. At the same time, we already set up all the positions -- or most of the positions and opened them in the Citynet. We had posted about eight positions. We already started receiving applications on those. The ER Department, Employee Relations Department, is already screening those applications for some of those openings. We got hundreds and hundreds of applicants, so there's a lot of work there, but they're doing very diligent work and they're helping us a lot on the recruitment. We also participated on a career fair where we invited people and we had some really good candidates that came to the career fair. So we have about four more positions that need to be posted, but between now and the end of June, we're going to be doing all the hiring process -- which I call the hiring process, which is qualfing people, interviewing people, making the selections, making the offers to make sure that we have the staff probably sometime in June, hired and in place. And we're looking into an opening date for the center to serve clients sometime in July. Chair Suarez: Thank you. Any questions? Commissioner Gort: Yeah. The -- Chair Suarez: Commissioner Gort. Commissioner Gort: My understanding, you go through the process of ER, so there'll be testing and make sure they have the right -- you're going to have certain criterias [sic] for each job. Ms. Blondet: Well, South Florida Workforce provided us with the job descriptions -- Commissioner Gort: Job description. Ms. Blondet: -- so they make sure that they meet the minimum requirements, and then we go through all the applicants and we'll meet -- City ofMiami Page 56 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Commissioner Gort: So there's minimum requirements they have to (UNINTELLIGIBLE), okay. Ms. Blondet: And they have to meet those minimum requirements. Commissioner Gort: And that's put by Workforce? Ms. Blondet: Yes. Commissioner Gort: Okay. Ms. Blondet: I'm not sure they'll be testing. They just have to have certain qualifications. Chair Suarez: Commissioner Carollo. Commissioner Carollo: Mr. Chairman, thank you. Ms. Blondet, I know that we had mentioned as far as a committee or -- you know, some type of advisory board, advisory committee, andl know who I want to appoint -- Ms. Blondet: Oh, please. Commissioner Carollo: -- but I just -- so can I just -- Ms. Blondet: Please, yes. Commissioner Carollo: -- let you know? Ms. Blondet: 'Cause we have names from everybody and was going to follow up with you. Commissioner Carollo: Okay. My appointment's going to be Carlos Manrique. Ms. Blondet: Okay. Commissioner Carollo: Andl could give you all his information. Ms. Blondet: Perfect. Commissioner Carollo: He's also a board member with South Florida Workforce and has been there for many, many years. I mean, he's a wealth of knowledge. He's also with the School Board so -- Ms. Blondet: If you can -- Commissioner Carollo: -- again, he's a wealth of knowledge with regards to all of you know, Workforce issues, so you know, that could help you, you know, in the process. And again, I just -- I don't know where we're at, so I just want to make sure that, you know -- Ms. Blondet: We had the first meeting yesterday. We had three members -- 'cause we wanted to have a meeting in the morning and one of the members could not attend, so we're going to try to next time do either in the afternoon or maybe a conference call. And it was a great -- just with three people, it was great ideas that they provided to us. And they're going to be involved in -- not necessarily in the hiring, but maybe making sure that we all agree in terms of the requirements 'cause we're getting so many applicants. Commissioner Carollo: I will give you and the Clerk his information. City ofMiami Page 57 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Ms. Blondet: Okay. Commissioner Carollo: Andl spoke to him about a month and a half ago or maybe two months with regards to being on the board and he's -- or the committee, and he said that, yes, that he definitely would do it. Andl think you will find that he will be a wealth of knowledge in a lot of the stuff that you're doing. Ms. Blondet: Okay, great. And it's critical right now because we're in the last stretch and we need to make sure that we implement it properly. Chair Suarez: Commissioner Spence -Jones. Commissioner Gort: Well -- Chair Suarez: I'm sorry. Commissioner Spence -Jones: No, I'll defer to him. Chair Suarez: Commissioner Gort and then Commissioner Spence. Commissioner Gort: The person I suggested was -- I hope that they attended. If not, let me know because she's with the Burger King Corporation and they can also help later on to place some of these people. Ms. Blondet: Yes. I understand, yes. Commissioner Gort: Okay. Commissioner Spence -Jones: And let me know as well. Who is my appointee? Ms. Blondet: Emanuel. Commissioner Spence -Jones: Who? Ms. Blondet: Emanuel Washington. Commissioner Spence -Jones: Oh, okay. So he's -- Chair Suarez: Manny. Ms. Blondet: Emanuel, yes. Chair Suarez: Emanuel. Ms. Blondet: Yeah, he's -- yeah. Chair Spence -Jones: -- he comes. The only thing wanted to do, I want to commend you -- and I don't know if Willie Porro's here -- because we gave you a mandate of key things that you guys needed to have completed and done and you kept the process on the right track. So I want to commend you guys for doing that. Ms. Blondet: Thank you. Commissioner Spence -Jones: And as soon as -- I guess once you get everybody lined up as to who's going to actually be hired -- I'm assuming -- how many -- just so that I'm clear, how many City ofMiami Page 58 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 more people need to be hired before you officially close out? Ms. Blondet: We're looking to hire everybody at once. South Florida Workforce wants us to start hitting the ground right away. So to be able to do that, we need to hire the staff all the staff. So right now I'm trying to talk to them to see ifI can hire some people even now so they can help us in setting up the -- Commissioner Spence -Jones: The space. Ms. Blondet: -- whole processes and procedures. There's a lot to be done related -- just related to this center, the operational plan -- Commissioner Spence -Jones: Yes. Ms. Blondet: -- that we worked a little bit, hiring the people. There's a lot of work. Commissioner Spence -Jones: Okay. Ms. Blondet: So I'm in the process of negotiating with them to see ifI can bring some people now -- Commissioner Spence -Jones: Okay. Ms. Blondet: -- that can help us with that because Willie has been instrumental and has been excellent. And without him, I would not been able to move forward, but there's a lot of little things that have to be done. Commissioner Spence -Jones: Andl know, Lillian, you're taking the -- really, you've taken the bull by the horns on this whole issue, Mr. Manager. Ms. Blondet: Yes. Commissioner Spence -Jones: I just want to make sure that -- I'm assuming you're trying to get someone in as the director so that you can step off because I know it has to be draining you on the other side as well, correct? Ms. Blondet: Well, yeah. I think it's just that it -- when it's coming closer, we need to implement processes, procedures before the center opens. Commissioner Spence -Jones: Okay. Ms. Blondet: And just hiring people -- I was just talking to South Florida Workforce -- two weeks before the center opens would not allow the City to do that. Commissioner Gort: No. Ms. Blondet: Someone has to be familiar with City processes and how to match those with the federal and grant requirements. Commissioner Spence -Jones: Yeah. Ms. Blondet: So there's a balance there that we need to achieve, and I'm trying to see if we can start hiring people -- Commissioner Spence -Jones: That understands those guidelines. City ofMiami Page 59 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Ms. Blondet: -- that understand and not just so close to the opening of the center. Commissioner Spence -Jones: Okay. Ms. Blondet: Because now is critical to set up those processes. Commissioner Gort: Commissioner, let me tell you. We got to really thank you for the work you're doing because we were trying to get this on board about a year and a half ago, but somehow nobody wanted to take the bull by the horns. Now my question is, the money was supposed to be allocated for the City ofMiami 'cause the City ofMiami at one time used to receive all the funding directly. The funding that was allocating -- supposed to been allocated to us for this last fiscal year, where does it go to? Ms. Blondet: South Florida Workforce has made amendments to the contract and have reduced the amounts so that they can transfer the monies allocated to the City to other programs funded by South Florida Workforce. They will not roll it over. They will just give us more money. They have a meeting in June where they allocate funding for the following program year. Commissioner Gort: Will they give you some advance funds in order to hire the individuals and so on? Ms. Blondet: Well, we have the contract right now until June 30, so when we hire the people, we'll be able to charge -- Commissioner Gort: To charge to that -- okay. Ms. Blondet: -- those individuals to the grant. Commissioner Gort: Okay, thank you. Once again, thank you very much. Ms. Blondet: Let me say -- also, Employee Relations have been extremely, you know, helpful in this and the School Board has also worked with us very closely to make sure that we can get in the site. Commissioner Gort: Thank you. Ms. Blondet: Thankyou. Commissioner Spence -Jones: Thankyou, Lillian. Chair Suarez: Thank you. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Chair Suarez: Okay. It's 2:17. Do you want to do the CRA (Community Redevelopment Agency) now, Commissioner -- Vice Chair, or --? Vice Chair Sarnoff. Sure. Chair Suarez: Okay. Let's -- well, you know what, let's first -- before doing that, let's open up the P&Z (Planning & Zoning). Can we open up the P&Z or do we need to -- you need to --? Okay, we're good? I think there is -- is there any deferrals on the P&Z items that maybe we can City ofMiami Page 60 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 get --? Commissioner Spence -Jones: I think there are a few of them, right? Chair Suarez: Yeah. Maybe we can get housekeeping stuff andl think there is a request to do PZ.1, if you don't mind, before doing the CRA. Mr. Garcia, you're recognized, on the PZ items. Francisco Garcia: Thankyou, sir. For the record, Francisco Garcia, director of Planning and Zoning. In terms of continuances or deferrals, I have the following items to request continuances for. Actually, firstl would like to request that items PZ.2 andPZ.3 be withdrawn altogether. We have received a filing for a withdrawal of these two items from the applicant, and therefore, we are removing these out of the public hearing cycle. Commissioner Gort: PZ.2 and PZ.3. Mr. Garcia: Yes, sir, PZ. 2 and PZ.3, which are both related to property at 4136 North Miami Avenue. And in addition to that item, PZ.4 is -- we are requesting that it be continued to the PZ hearing in the month ofMay, as this item has not yet been heard by the Planning, Zoning and Appeals Board. And that is all have right now by way of continuances or withdrawals. Chair Suarez: Thank you. Does any Commissioner have any additional requests for continuances, deferrals or withdrawals? Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, Commissioner Carollo. You're recognized. Commissioner Carollo: Thank you. PZ.5, I was -- I spoke to Francisco about it yesterday -- or I'm sorry, Mr. Garcia. Andl wanted to look into a little bit more, actually going. So if possible, can we defer that also? Chair Suarez: Absolutely. Well, continue it to the next P&Z meeting? Commissioner Carollo: Are you okay with that, Mr. Garcia? And I'm seeing people here that may be for PZ.5. Mr. Garcia: I wanted to bring to your attention that the applicant is here andl am sure they would like to be on the record as far as that goes. Ines Marrero-Priegues: Ines Marrero, attorney at 701 Brickell Avenue. We're the -- I'm the attorney for the applicant, and we don't have a problem with this matter being deferred. Commissioner Carollo: Thank you. And again, when Francisco -- I'm sorry, when Mr. Garcia andl were discussing it, it seems like we were a little confused or there was some confusion of exactly where the property was and the site so -- Ms. Marrero-Priegues: Understood. Commissioner Carollo: -- I want to make sure that we're clear on that before, you know, we make -- Ms. Marrero-Priegues: Not a problem. Commissioner Carollo: -- a decision. Thankyou. City ofMiami Page 61 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Ms. Marrero-Priegues: Perfect. Thank you. Chair Suarez: Okay, so any -- Commissioner Carollo: So a continuance on this -- Chair Suarez: Yeah. Commissioner Carollo: -- to the same like meeting, correct? The next PZ meeting? Chair Suarez: Okay. Any further continuances, deferrals, withdrawals? Commissioner Spence -Jones: Mr. Chairman. Chair Suarez: Yes, Commissioner. Commissioner Spence -Jones: PZ.6, I do have some concerns on it, and l feel like I'm going to need a little bit more time on it. But I do know that the applicants are here and if they just want to make the presentation today, I don't mind taking the presentation and dealing with the item later on, another day, but -- Gilberto Pastoriza: Gilberto Pastoriza. Obviously, we will have to, you know, bow toward your request but we're -- Commissioner Spence -Jones: No, you don't have to bow. No bowing. Mr. Pastoriza: -- ready to go forward. Commissioner Spence -Jones: I understand. Mr. Pastoriza: We have here neighbors. We have here some of our consultants that are working with us. Commissioner Spence -Jones: I understand. Mr. Pastoriza: Andl think we can reach an understanding -- Commissioner Spence -Jones: Right. I understand. Andl really want to be mindful of the time that you guys took out to come today. So I don't have a problem with listening to -- letting you -- like, as I -- we spoke, letting you put it out on the record, you know, at least so that we could all see it at one time so it's not a waste of time today -- Mr. Pastoriza: Right. Commissioner Spence -Jones: -- but I'm just letting you know that do have grave concerns with it so -- Mr. Pastoriza: Well, maybe I can address your concerns during the presentation. Commissioner Spence -Jones: That's fine. I'm just wanting you to know where my head is at so Mr. Pastoriza: Okay, thank you. Commissioner Spence -Jones: Okay. City ofMiami Page 62 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Chair Suarez: Thank you. So, so far, we need a motion for deferral -- Commissioner Spence -Jones: So moved. Chair Suarez: I'm sorry. -- a motion to withdraw PZ.2, withdraw PZ.3, continue PZ.4 and continue PZ.5. Mr. Garcia: Yes, sir. And ifI may, the continuance would be, if you care to make a specific mention of it on the record, to May 24 -- Chair Suarez: Yes. Mr. Garcia: -- which is the P&Z hearing in the month of May. Chair Suarez: Yes. It's been moved by Commissioner -- Commissioner Gort: Second. Chair Suarez: -- Spence -Jones, second by Commissioner Gort. Any discussion? Hearing none, all in favor, signifl, by saying "aye." The Commissioners (Collectively): Aye. Chair Suarez: Let's open up the CRA (Community Redevelopment Agency). Priscilla A. Thompson (City Clerk): And that means we will have to take a little break and -- Chair Suarez: Yes. Ms. Thompson: -- convert. [Later..] Maria J. Chiaro (Deputy City Attorney): Mr. Chair, I will read the procedures to be -- Chair Suarez: Yes. Ms. Chiaro: -- considered. PZ (Planning & Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 zoning code. Before any PZ item is heard, all those wishing to speak will be sworn by the City Clerk. Staff will briefly describe each item to be heard, and the members of the City Commission shall disclose any ex parte communications. The appellant or petitioner will then present the request and may waive the right to an evidentiary hearing. The order of presentation shall be as described in the City Code. Members of the public will be permitted to speak on certain items. And the City ofMiami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested item. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Chair Suarez: Thank you. Ms. Escarra, you're recognized for -- Oh, actually, that's -- you want us to start with them, with the applicant? Ms. Thompson: Excuse me, Chair. City ofMiami Page 63 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Chair Suarez: Yes. Ms. Thompson: I do need to swear individuals in if they're going to testify. Those of you in the audience, if you will be testing on any of the remaining P&Z items that are on the agenda, I need you to please stand and raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those giving testimony on zoning issues. Ms. Thompson: Thank you. Chair Suarez: Thank you, Madam Clerk. PZ.1 RESOLUTION 12-00002ac A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE AN ALLEY ABUTTING THE PROPERTIES AT 3860 SOUTHWEST 40TH STREET, 3880, 3884 AND 3890 BIRD AVENUE, 3025 AND 3035 SOUTHWEST 39TH AVENUE, 3030 AND 3040 SOUTHWEST 38TH COURT, MIAMI, FLORIDA. 12-00002ac CC 04-26-12 Fact Sheet.pdf 12-00002acApplication & Supporting Documentation.pdf 12-00002ac Planning & Public Works Analyses, Color Maps & PZAB Reso.pdf 12-00002ac CC Legislation (Version 2) & ExhibitA.pdf LOCATION: Approximately Abutting the Properties at 3860 SW 40th Street, 3880, 3884 and 3890 Bird Avenue, 3025 and 3035 SW 39th Avenue, 3030 and 3040 SW 38th Court [Commissioner Marc David Sarnoff - District 2] APPLICANT: Iris Escarra, Esquire, on behalf of Ponce & Bird, LLC, Contract Purchaser and 4001 Corporation and Gables Lincoln Mercury, Inc., Owners FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PUBLIC WORKS DEPARTMENT: Recommends approval. PLAT AND STREET COMMITTEE: Recommends approval on December 1, 2011 by a vote of 6-0. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on February 1, 2012 by a vote of 10-0. PURPOSE: This will close and vacate a public alley abutting the properties listed above. Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0179 Chair Suarez: Mr. Garcia. City ofMiami Page 64 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Chair Suarez: You're recognized -- Mr. Garcia: Francisco Garcia, Planning and Zoning director. Chair Suarez: -- on PZ.1. Mr. Garcia: Thank you. By way of brief introduction, this is a request for a parcel located at 3860 Southwest 40th Street, approximately. There are other parcels that are also attached to this request. The request is to vacate a public alley abutting these properties in order to make a consolidated parcel and continue forward with a development proposal that has already been through the review of the Planning and Zoning Department and has met with favorable recommendations by all the intervening boards. In addition, this particular request -- the request to vacate the public alley has been through the Planning and Zoning Department and the Public Works Department. It has been reviewed and recommended favorably by both. It also has been to the Plat and Street Committee, which also recommended approval. And finally, it went to the Planning, Zoning and Appeals Board, which recommended the approval as well unanimously, by a vote of 10-0. I will certainly answer any questions you may have and yield to the applicants. Chair Suarez: Thank you, Mr. Garcia. Iris Escarra: Thank you again for indulging us. Iris Escarra, Lucia Dougherty, with offices at 333 Avenue of the Americas. I'm here before you today on behalf of Hines, the developer of the particular site, Michael Harrison, Gonzalo Cortabarria, Matthew Berry, and Jon Wood on behalf of Hines, as well as our architectural team, of Arquitectonica, with Bernardo Fort -Brescia and Sherry Gutierrez. Some of you may be familiar with this particular area of the City. As you're traveling down Bird Road and you enter -- you go by The Collection, you go by -- there's a residential project on Salzedo on Bird Road, you enter the City ofMiami and you're greeted by the Dry Clean USA (United States of America) site and a vacant -- unfortunately, a graffiti plagued former car lot, as well as other car lots and so forth. When Hines acquired the Dry Clean USA site a few years ago, the first thing they did was remove a billboard that was located on this particular site. They have actually been working on trying to develop this site for some time. Unfortunately, because of the economic downturn of 2008, they weren't able to proceed at that time. However, since things are gearing up, they're back on board. They have a beautifully designed project. However, one of the things that we have to accomplish in order to allow them to develop the site is to close out an area of the alley, which is 4,400 square feet. The alley is 15 feet wide and goes from side to side. If you notice here on this diagram, this yellow line here, this is the city of Coral Gables. The alley goes this block, this block and then dies. It's really an alley that was platted many moons ago that at one time may have serviced these sites; however, no longer services the particular area. I'm joined today by Michael Harrison, who can answer any questions that you may have with regard to Hines, and as well as Bernardo Fort -Brescia from Arquitectonica, for any questions you may have with regards to the project. However, if you may indulge me, I'd like to keep it brief 'cause I know you have other items, but we'd be happy to answer any questions you may have. Vice Chair Sarnoff Mr. Chair. Chair Suarez: Thank you. Commissioner Gort: That name, Bernardo, sounds familiar. Chair Suarez: Thank you. This is a public hearing item, PZ.1. Anyone from the public wishing to speak on PZ. 1? Seeing none, hearing none, the public hearing on PZ. 1 is closed. Mr. Vice City ofMiami Page 65 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Chair, you're recognized. Vice Chair Sarnoff Make a motion to approve. Chair Suarez: Moved by -- Commissioner Gort: Second. Chair Suarez: -- the Vice Chair, second by -- Commissioner Carollo: Second. Chair Suarez: -- Commissioner Gort. All in favor, signift by saying "aye. " Priscilla A. Thompson (City Clerk): It's an ordinance. Chair Suarez: It's an ordinance? My apologies. Ms. Thompson: I'm sorry. I was on the wrong number. Apologize. It's a resolution. Chair Suarez: All in favor, signift by saying "aye. " The Commissioners (Collectively): Aye. Chair Suarez: Passes unanimously. Ms. Escarra: Thank you all very much. Thank you. Chair Suarez: Thank you. PZ.2 ORDINANCE 12-00083Iu First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 4136 NORTH MIAMI AVENUE, MIAMI, FLORIDA, FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 12-000831u CC 04-26-12 Fact Sheet.pdf 12-000831u Analysis, Color Maps, Sch. Concurrency & PZAB Reso.pdf 12-000831u Application & Supporting Documentation.pdf 12-000831u CC Legislation (Version 2) & ExhibitA.pdf LOCATION: Approximately 4136 N Miami Avenue [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Javier F. Avino, Esquire, on behalf of One Fountainhead Center, LLC City ofMiami Page 66 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends denial to City Commission on April 4, 2012 by a vote of 7-1. See companion File ID 12-00083zc. PURPOSE: This will change the above property to "General Commercial'. Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.3 ORDINANCE First Reading 12-00083zc PZ.4 12-00084zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T4-L" GENERAL URBAN CORE ZONE TO "T5-O" URBAN CENTER ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 4136 NORTH MIAMI AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00083zc CC 04-26-12 Fact Sheet.pdf 12-00083zcAnalysis, Color Maps & PZAB Reso.pdf 12-00083zcApplication & Supporting Documentation.pdf 12-00083zc CC Legislation (Version 2) & ExhibitA.pdf LOCATION: Approximately 4136 N Miami Avenue [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Javier F. Avino, Esquire, on behalf of One Fountainhead Center, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends denial to City Commission on April 4, 2012 by a vote of 7-1. See companion File ID 12-000831u. PURPOSE: This will change the above property from to "T5-O" Urban Center Transect Zone. Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZAB RESOLUTION AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH City ofMiami Page 67 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T6-12-0" URBAN CORE TRANSECT ZONE TO "T6-24-0" URBAN CORE TRANSECT ZONE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3601, 3651, 3681 AND 3701 NORTH MIAMI AVENUE; 3610, 3620 AND 3630 NORTHEAST MIAMI COURT; AND 17 AND 25 NORTHEAST 36TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAININGASEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 12-00084zc CC 05-24-12 Fact Sheet.pdf 12-00084zcAnalysis & Color Maps.pdf 12-00084zcApplication & Supporting Documentation.pdf 12-00084zc CC Legislation (Version 2) & ExhibitA.pdf LOCATION: Approximately 3601, 3651, 3681 and 3701 North Miami Avenue; 3610, 3620 and 3630 NE Miami Court; and 17 and 25 NE 36th Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Neisen O. Kasdin, Esquire, on behalf of Fifteen Midtown Properties, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on June 6, 2012. PURPOSE: This will change the above properties to "T6-24-0" Urban Core Transect Zone. Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.5 ORDINANCE First Reading 12-00086zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T4-R" GENERAL URBAN ZONE AND "T6-8-0" URBAN CORE ZONE TO "T5-0" URBAN CENTER ZONE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1204 AND 1208 SOUTHWEST 8TH STREET, 810 AND 832 SOUTHWEST 12TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 12-00086zc CC 05-24-12 Fact Sheet.pdf 12-00086zcAnalysis & Color Maps.pdf 12-00086zc PZAB Resos.pdf 12-00086zcApplication & Supporting Documentation.pdf 12-00086zc CC Legislation (Version 3) & ExhibitA.pdf LOCATION: Approximately 1204 and 1208 SW 8th Street, 810 and 832 SW 12th Avenue [Commissioner Frank Carollo - District 3] City ofMiami Page 68 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Elias & Son Investments, Inc., Gustel Enterprises, Inc., Cristhel Enterprises, LLC, J&J Holdings, Inc., and Joaquin and Carmen Alvarez, Owners (Edgewood Investment Partners, LLC, Contract Purchaser) FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on April 18, 2012. PURPOSE: This will change the above properties to "T5-O" Urban Center Transect Zone. Motion by Commissioner Spence -Jones, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.6 ORDINANCE First Reading 12-00087zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-O" URBAN CENTER ZONE AND "T6-8-O" URBAN CENTER ZONE TO "T6-8-O" URBAN CORE ZONE AND "T6-12-0" URBAN CORE ZONE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 566, 570 AND 650 NORTHWEST 8TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00087zc CC 05-24-12 Fact Sheet.pdf 12-00087zcAnalysis, Color Maps & PZAB Reso.pdf 12-00087zcApplication & Supporting Documentation.pdf 12-00087zc CC Legislation (Version 2) & ExhibitA.pdf LOCATION: Approximately 566, 570 and 650 NW 8th Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of Windsor Investment Holdings, LLC, Owner and Miami River Village, LLC, Contract Purchaser FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends denial to City Commission on March 21, 2012 by a vote of 8-1. PURPOSE: This will change the above properties to "T6-8-O" Urban Core Transect Zone and "T6-12-0" Urban Core Transect Zone. Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones City ofMiami Page 69 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Chair Suarez: Mr. Garcia, you're recognized on PZ. 6. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Item PZ. 6 is a zoning change. You are accustomed to having these be companion items typically with a land use change. That is not the case here. A land use change is not needed. They have the land use designation they need. They, however, are requesting a zoning change for a property at an address approximately of 566 Northwest 8th Street. And the request in zoning is slightly different from that which shows in your material. It is actually from T6-8 0 to T6-12 O. The other parcel that was previously being proposed or requested from T5 0 to T6-8 0 has since been withdrawn. So this is simply the portion of the request that deals with the change from T6-8 0 to T6-12 O. This is for the development -- and the applicant will cover this in more detail -- of a mixed -use project predominantly composed of a market rate residential. This has been reviewed by our department and we are at present -- although the recommendation in your backup material is for denial, we will say at this point in time that we think the proposal as amended and with the covenants that I believe the applicant will proffer is worthy of your positive consideration. I'll yield to the applicant at your wish and certainly address any questions you may have. Chair Suarez: Thank you, Mr. Garcia. Mr. Pastoriza, you're recognized. Gilberto Pastoriza: Good afternoon, Mr. Chairman, members of the Commission. Gilberto Pastoriza, 2525 Ponce De Leon, here on behalf of the applicants. The property in question is property that is bounded on the west -- it's about 4.4 acres -- by Northwest 7th Avenue, on the east by Northwest 6Avenue; on the south, it is bounded by 7th Street, and on the north it's bound by 8 Street. I call that the City Block parcel. Originally, in the original request, we had also had another smaller piece of property which lied across the street from the 6th Avenue property, just south of 8 Street. We have since withdrawn that from this application, so that the only thing that you have before you today is the City Block application. And in my declaration of restrictions, I also placed that in that declaration of restriction. The property is designated restricted commercial in the Miami comprehensive neighborhood plan. The comprehensive plan does not change in this application. It remains the same. So we are rezoning within the permitted comprehensive plan designation. The parcel is zoned T6-8 0 [sic] and we're proposing to go to T6-12 0 [sic]. The area around the property consists of many vacant lots and a good inventory of affordable and low-income housing. The owner intends to develop this property with a mixed -use product, market rate, without the use of any public funds. This would all be private capital that would be utilized in the development of this property. This market rate product should provide for a mix of housing types in the area which satisfy some of the new urbanism policies and some of the direction that the City Commission likes to go. In fact, if you take a look at your comprehensive plan, the policy H-02 of your housing element -- that may not be in your backup, but it's part of your comprehensive plan -- that goal, H-02, says "achieve a livable city center with a variety of urban housing types for persons of all income levels, in a walkable, mixed -use urban environment." Objectives H-02.1 goes on to say "design and create pedestrian friendly environments and neighborhoods with varied housing prototypes and amenities, catering to persons of diverse social, economic and cultural backgrounds, with a variety of urban housing types for all persons of all income levels, including those of the extremely low, very low, low and moderate income households." We believe that the introduction of this market rate product in this area really fulfills those goals and policies of your comprehensive plan. The property also lies north of the City's proposed transit improvements set forth in the Southeast Overtown/Park West community redevelopment master plan, which aims at linking various transit modes, including the Miami Intermodal Center and the Port ofMiami with the Overtown west communities. We have had several meetings with your Planning and Zoning Department after the original presentation of this application . And as a result of all these meetings, I think that you heard your Planning director, Mr. Garcia, which he deemed that after all the various modifications that we have made to this application, that he is now ready to recommend for approval of this application. Let me just tell you some of the City ofMiami Page 70 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 concerns that were raised by your Planning and Zoning Department and how we complied -- or how we satisfied each one of those concerns. The first concern that the Planning and Zoning Department was with what call the outparcel, which were the two lots east of 6th Avenue. Well, we addressed that concern by simply eliminating and withdrawing that piece from this application. The staff thought that the rezoning of this outparcel would have been an encroachment into the T5 area that's there. So we addressed that concern by withdrawing that from the application. Another concern that the staff had was regarding the disparity that could conceivably happen along Northwest 7th Avenue. And the staff felt that we should do a lower end product on Northwest 7th Avenue so that it would have been more compatible with what lies across the street to the west. And so what we did there was we took 70 feet of the property all along Northwest 7th Avenue, from 7th to 8th Street, and we placed a restriction of a limitation in height of eight stories. So the westernmost 70 feet of this property would only have a height of eight stories, which, by the way, under the existing zoning with the use of your bonus programs, we could build 12 stories as a matter of right. So we are limiting -- notwithstanding whatever zoning is in this property, we're limiting it to eight stories in height. There was another concern that staff had which has been with what happens with the height on the balance of the property. And under the proposed rezoning with the use of the bonus, the public -- what is called public benefits program under Miami 21, we could have gone to 20 stories. So understanding the concerns that staff had, we have placed a voluntary limitation on the height on the balance of the property to 17 stories. I would like to point out to you that if you take a look at numbers, under Miami 21 and the requirements of Miami 21 -- or when Miami 21 allows you to build floor to floor, 12 stories, we would have a building that is about 168 feet in height. What this owner is proposing to do is -- on the 17 stories is a product that has nine foot six inches floor to floor, which then equates to a height of 162 feet, which is six feet less than what could conceivably be built under Miami 21. The proposed rezoning of the City Block parcel is consistent with the land use element of your comprehensive plan and with the housing element of your comprehensive plan. The rezoning does not increase the density on this property. The density remains the same. What this rezoning allows us to do is to go and do higher buildings, taller buildings. And the added height of this building we think will give you a much more -- a product that is much more in line with what the new urbanism is and is that -- and provides a very -- a high degree of flexibility in the location and the play of the various buildings in the property. We -- our architect, Chloe Kadesh, she's here, and if you want to, she can go further into this. But what we did here, we did a massing study and this is just simply a massing study of what could be built under the existing zoning and what we're proposing to build under -- with the rezoning in question. As you can see, by adding a couple of extra stories allows us to play around a little bit more with the property, create more open spaces and not do this block mentality, fortress type of building. Commissioner Gort: Could you do me a favor? Mr. Pastoriza: Yes. Commissioner Gort: Point out 8th Street and the proposed -- Mr. Pastoriza: This will be 8th Street. Commissioner Gort: (UNINTET,TIGIBT,F) street -- the people across the street from 8th Street will be using -- they'll be looking at a lower level buildings? Mr. Pastoriza: Is 8th Street --? I'm sorry. Let me get the architect. No, no, 7th Avenue is here. Commissioner Gort: And 7th Avenue is over here. Mr. Pastoriza: It's here. Seventh -- Sixth, Eighth, and Seventh. City ofMiami Page 71 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Commissioner Gort: Okay. Commissioner Spence -Jones: Seventh where now? Mr. Pastoriza: Seventh Street -- no, 7th Street, 8th Street, 7th Avenue, and 6th Avenue. Commissioner Gort: Okay. Mr. Pastoriza: Okay. The owner is also proposing -- or making a commitment to the City, as part of the public benefits program, to deed the -- what I call the outparcel with all of his entitlements to the City ofMiami. So we are intending to contribute that to the City ofMiami at the time of building permit. This owner and this applicant has also taken a significant step in trying to do an outreach programs with the communities -- with the community. And we've done this in a two fold manner. One is doing an outreach program that deals with creation of jobs and then doing an outreach program which deals with social services. With regards to the creation of jobs, we've been in contact with and met with Elsie Hamler, who heads the Contractors Resource Center. The applicant is very interested in making sure that minority subcontractors and their employees have an opportunity on the construction of this project. Ms. Hamler organization will provide the linkage for this to occur. I don't know whether Ms. Hamler is here. She told me that she was going to come, but I don't know whether she made it or not. But basically, what her organization does is she -- they set up a process where they provide notice to the minority subcontractors and they get all the minority subcontractors involved during all phases of the construction of this project. On the community side, on the social services side, we're working and had several meeting with an organization called Touching Miami with Love. Touching Miami with Love is a very active not -for -profit agency that provides social services to the Overtown/Park West community. It is strategically located across the street from the City Block property. They're right here, Touching Miami with Love. So they're also very strategically located with respect to the property that we're going to be deeding to the City ofMiami. So what we would ask is this Commission that at the time that the use is made of that property, that Touching Miami with Love be taken into consideration in its use. We'd like to take this time to introduce Mr. Jason Pittman, who is the executive director of Touching Miami, who could probably give you a little bit more of a flavor of what it is that they do in the community and their worth to the community, to the Overtown/Park West community, which that's what they're strictly -- strictly deal with. Mr. Pittman. Jason Pittman: My name is Jason Pittman. I'm the executive director of Touching Miami With Love, and this is Trina Harris. She's the director of programs with us. And we, as mentioned, are property owners across the street at Touching Miami With Love, at 711 Northwest 6th Avenue, as well as Trina andl both are homeowners in Overtown. And we have spent some time talking with our community -- our residents and -- about this project and asking them what they thought and what -- the kind of things that they -- questions they have. And we're supportive of this project for several reasons. Our portion of Overtown has had a lot of development done in the last few years in low-income, particularly tax credit deals. We have not had any kind of market rate projects done at all, and we believe a mixed -income community is one way that our community can be as whole as it needs to be. As well, we -- one of our primary functions is after school programs for children and youths. We serve about 140 kids, grades K through 12, and in our location we're in great need of additional recreation space to be able to do recreation. So the possibility of a park or our connection with the City with that corner property would dramatically increase our ability to serve children as well. We also took the liberty to have our parents sign a petition. We have about 90 signatures from parents that represent well over 200 children that live all around this part of Overtown that have signed in support of the project as well. Chair Suarez: Thank you. City ofMiami Page 72 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Mr. Pastoriza: Thank you, Mr. Pittman. Now, finally, I just want to go through the language in the covenant. I do believe that you have a copy of the covenant in your package. This covenant has been reviewed by your Legal Department and it meets the required -- requirements of your Legal Department. And l just want to talk about the four substantive points of this covenant. One, owner is hereby withdrawing that portion of the rezoning application covering the outparcel. That outparcel -- as part of the rezoning, prior to the issuance of building permit for the proposed mixed -used development in the City Block property, owner agrees to contribute, deed, grant, and donating fee simple to the City ofMiami the outparcel property for any of the purposes outlined in Section 3.14 Public Benefits Program ofMiami 21. And that parcel goes with all the entitlements andl -- when we originally started this application, our thought was to transfer the development rights from the outparcel to the City Block parcel. We have since determined that we're not going to be doing any transfer of development into the City Block parcel so that the outparcel remains whatever entitlements are allowed under the existing zoning code. Notwithstanding -- next is notwithstanding the rezoning of the City Block property to T-6-12-0 [sic] Urban Core Transect Zone, owner agrees that any buildings or portions thereof located within the westernmost 70 feet of the City Block property shall be limited to a height of 8 stories. And finally, except as provided for in what I just stated above -- I just stated, all buildings within the City Block property shall be limited to a height of 17 stories. I believe that the application is consistent with the Comp Plan with this limitations. I think it provides compatibility with the area andl would hope to -- that you would approve this modified request. We're all here to answer questions. Thank you for your time. Chair Suarez: Thank you, Mr. Pastoriza. Commissioner Spence -Jones. Commissioner Spence -Jones: Thank you, Gil, for -- Mr. Pastoriza: Yes, ma'am. Commissioner Spence -Jones: -- doing the presentation part of it. At least we're able to at least get that part of it out of the way. I just have a lot of concerns with the height of the building. I'm sure you know that. Andl appreciate and value the fact that you've done, you know, some outreach in the overall area to let a few of the organizations know. One question I do have for you is -- This particular project is going to have a real impact on that particular community. Right across the street from it is public housing. I'm sure you know that already. Mr. Pastoriza: Yes, ma'am. Commissioner Spence -Jones: Right down the street from there is a lot of low-income housing or workforce housing in the overall area. Have you had any public meetings? I understand that you did your individual meetings. But have you had any public meetings with the surrounding communities, like Spring Gardens [sic], the Culmer Place Tenants Association, you know, the businesses in the area? Have you held a public meeting to let them know that this project is coming? Mr. Pastoriza: No, we have not. Commissioner Spence -Jones: Okay. Mr. Pastoriza: We just provided the notices that we're required under the code. Commissioner Spence -Jones: I think it's extremely important -- andl love Touching Miami With Love. I think they do great work. But they only represent a drop in the bucket, you know, in that particular area. Personally, I had no idea this project was even coming until saw it on my agenda, and I've been wondering what was going there for the longest. I thought it was going to be some sort of you know, warehouse or job -related you know, factory -type, you know, project City ofMiami Page 73 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 coming there. I had no idea there was going to be housing and all. So my first suggestion would be is -- andl don't have a problem with having -- working along with you to have a public meeting, but this particular project is going to have a serious impact on the neighborhood, and before I make any decisions on that, I think that's absolutely necessary. I've grown to understand the true importance of having mixed housing in neighborhoods, so it's not like I don't understand that you can't -- we can't have all housing for, you know, the very, very poor and not having nothing for workforce and not have anything for individuals that want to start aspire to be more . We got to have -- so it's not even about that. But I think it's important -- when you're putting a project like this in a community that has already had so many different challenges and concerns about -- I'm just going to put it out, the word -- this word -- gentrification, people being pushed out, things changing. That is -- if nothing else, it's my responsibility to make sure at least the neighbors, the people in the community, know what's going on. So I vote on this item today, then I have a storm of people calling me about a project that's happening that they didn't know anything about, so my job is to be the gatekeeper to make sure that they know. So I don't have a problem with providing you with the support or having the CRA (Community Redevelopment Agency), the Overtown CRA assist with putting the public meeting together if you don't know all the people that need to be reached, andl understand that that's challenging as well because you have to sit and hear what everyone has to say about a project of this magnitude coming, but if you're coming for my support to do something on it, that's going to be necessary. So with that being said -- I mean, I had a few other things on here, but I think the biggest thing for me was the height on the building, and I'm -- I appreciate the fact that you made the adjustments. Right now it's zoned, I believe, 8 floors at the top, correct? Mr. Pastoriza: Well, 8 and 12 with the community benefits program. Commissioner Spence -Jones: Right. Mr. Pastoriza: So we could go to 12 actually. Commissioner Spence -Jones: Right, right. So -- but right now it's T6-8 and -- Mr. Pastoriza: T6-8 O. Commissioner Spence -Jones: Okay. -- which, you know, when we got ready to pull the other plan for Miami 21, there was a reason why we were trying to keep the heights at a certain level over there in Overtown. So my suggestion would be -- definitely, the height is an issue for me. Just letting you know. And then I think it's extremely important to have at least one public meeting for the community in the area to at least see what's happening in their community, and that would be my only suggestion. So at this point, I will not -- Mr. Pastoriza: May I just for -- Commissioner Spence -Jones: Sure. Mr. Pastoriza: -- clarification purposes, so you do have an issue with the 17 stories in height? Commissioner Spence -Jones: Absolutely. Mr. Pastoriza: Okay. Commissioner Spence -Jones: I would be most comfortable within 8 stories or less. Mr. Pastoriza: Well -- Commissioner Spence -Jones: I like 6, but -- City ofMiami Page 74 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Mr. Pastoriza: -- I mean, the code allows me to go to 12 so I very -- I cannot -- Commissioner Spence -Jones: Well, I'm just telling you what I'm comfortable with, right? So, you know -- Mr. Pastoriza: Okay. Commissioner Spence -Jones: -- that's just me, but -- Mr. Pastoriza: Right. Commissioner Spence -Jones: -- it's not the community that lives in there. I don't live in that neighborhood. I think it's important for -- when the other developments that were happening in the area, they had meetings, you know. They let people know things were happening. Mr. Pastoriza: Okay. Commissioner Spence -Jones: People don't -- right across the street from there, public housing, they don't even know what's happening there. Mr. Pastoriza: Okay. Commissioner Spence -Jones: And I'm the district Commissioner. Until it was on the agenda, I didn't know. So I think it's important, those two things. Mr. Pastoriza: Okay. Commissioner Spence -Jones: Height is an issue for me, andl would suggest some sort of public meeting in the area so that the residents know. Mr. Pastoriza: Who do you suggest that we coordinate this with? Commissioner Spence -Jones: I mean, it is in the -- me, too. I don't have a problem with that. Commissioner Gort: Your office, CRA. Commissioner Spence -Jones: Yeah, office, the CRA, because I believe that is in the CRA now, if I'm not mistaken. Isn't it? Commissioner Gort: No. Commissioner Spence -Jones: Yeah. It goes to 7th now. Mr. Pastoriza: Okay. Commissioner Spence -Jones: So I would suggest that. I'm not trying to make it difficult. I just want to do it right. Mr. Pastoriza: Okay. No. Listen, I -- we will address your concerns. Commissioner Gort: You finished? Commissioner Spence -Jones: Yes, sir. City ofMiami Page 75 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Commissioner Gort: Let me give a few suggestions. That's a very rectangular building. Why don't you have the -- would it be too difficult (UNINTELLIGIBLE) plan to move the tall buildings on 7th Street -- that's why asked if the tall building on 8th Street rather than 7th Street andl don't think it will make any changes to your place. And then what you need to realize, that will not be facing the public houses. Commissioner Spence -Jones: Residents. Commissioner Gort: You have a lower building on the other side facing the public housing there. Mr. Pastoriza: You're saying flip that buildingfrom -- to the other side? Commissioner Gort: Right. Yeah. Put the lower density building on the 8th -- Mr. Pastoriza: Towards 8th. Commissioner Gort: -- and put the high density on the 7th Street. At the same time, right across the street from 7th Avenue, west of 7th Avenue, it's all commercial there so I don't think it will bring much problem to Spring Garden. But my suggestion is -- I think a public hearing is very important. Let me tell you why. I've been going by there myself. I go through there all the time and they was wondering what's going to happen here. I know there used to be truck training facility in that area and so on, andl keep asking myself well, what they going to build here, what's going to happen. I think what happens when people do not have knowledge -- Commissioner Spence -Jones: Yes. Commissioner Gort: -- you got rumors -- Commissioner Spence -Jones: Yep. Commissioner Gort: -- and we call it (UNINTELLIGIBLE), and the people are saying different type of things, all kinds of crazy things. We heard about some things that was in the paper today and it's better to have your information, sit down with the people, let them know what's happen, and you'll be surprise. They might say love it. We'd like to see that. That's going to improve our neighborhood. Mr. Pastoriza: Commissioner, ifI could just maybe give you a little bit of historical perspective for this particular piece of property; will take me one minute, one minute. Mr. Pastoriza: I know the property very well. Used to be Dade County first and then trucking driver school and -- Mr. Pastoriza: No, no. This was -- that's the parcel to the south. This one used to be the Urban River project, which was a MUSP (Major Use Special Permit) that was approved by the then City Commission I believe in 2005. So we -- this property has been the subject of -- due to the economy, unfortunately this project was not built, but there was -- there's been a history on this property of development on the property. Commissioner Gort: I understand. We're at 2012. Mr. Pastoriza: I understand that, but -- Commissioner Gort: It's been seven years. City ofMiami Page 76 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Mr. Pastoriza: -- just to give you a little bit of -- Commissioner Gort: A lot of things happen -- Mr. Pastoriza: -- historical perspective. Commissioner Gort: -- in seven years and a lot of changes taking place, but that's some of the suggestions that I'm giving you. I think -- Mr. Pastoriza: Okay. Commissioner Spence -Jones: Can I see the book, though? Can I just --? Mr. Pastoriza: Yes, ma'am. Commissioner Spence -Jones: Thank you. So at this time, Gil, that's going to be my recommendation before we move. At least we've seen the presentation. Mr. Pastoriza: Okay. Commissioner Spence -Jones: So you don't have to go through the whole thing the next time. Mr. Pastoriza: Okay. Commissioner Spence -Jones: If you make the changes, though, that Commissioner Gort is suggesting, I think you should bring that back when you come back. That'll be the only adjustment. But would like to see definitely residents, organizations, people in this audience saying, you know, that they support it. You know what I mean? Mr. Pastoriza: Listen, we'll -- Commissioner Spence -Jones: So -- Mr. Pastoriza: -- hold a public meeting. We'll coordinate through Mr. Shiver. Commissioner Spence -Jones: No problem. Mr. Pastoriza: Okay. Commissioner Spence -Jones: Thank you so much. Mr. Pastoriza: And then we'll deal with the height and we'll take up Mr. Gort's suggestion. I thank you for your comments. Commissioner Spence -Jones: No problem. So we're going to -- I guess, Madam City Clerk, we will do -- is a motion to continue? Is that how we would do this? Chair Suarez: Depends on how much time you want to -- Commissioner Spence -Jones: It all depends on you. You want -- Mr. Pastoriza: I could go on the next meeting in May. I think it's, what -- Chair Suarez: PZ (Planning & Zoning). City ofMiami Page 77 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 5:00 P.M. PZ.7 11 -00477wt Mr. Pastoriza: -- the fourth Thursday in May? Commissioner Spence -Jones: You might want the last one. Chair Suarez: Twenty-fourth. Mr. Pastoriza: Yeah, the fourth -- Commissioner Spence -Jones: Give yourself -- Mr. Pastoriza: -- Thursday, I think -- Commissioner Spence -Jones: May. Mr. Pastoriza: -- is your last -- Commissioner Spence -Jones: We should be able to -- Mr. Pastoriza: -- meeting in May. Commissioner Spence -Jones: -- get that done. Chair Suarez: May 24, if I'm not mistaken. Priscilla A. Thompson (City Clerk): May 24. Mr. Pastoriza: Yeah. Commissioner Spence -Jones: No problem. Mr. Pastoriza: We'll do that and we'll have plenty of time to coordinate the meeting. Commissioner Spence -Jones: No problem. Commissioner Gort: As soon as you inform people, the better it is. Chair Suarez: There's a motion to defer till May 24. Commissioner Carollo: Second. Commissioner Gort: Second. Chair Suarez: Second by Commissioner Carollo. I don't think we need to open up the public hearing if we're just going to, you know, defer something. So all in favor, signify by saying "aye." The Commission (Collectively): Aye. Mr. Pastoriza: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City ofMiami Page 78 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 ATTACHMENT(S), GRANTING THE APPEAL BY INES MARRERO-PRIEGUES, REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY GRANTING THE WARRANT FILE NO. 11-0020, ISSUED BY THE PLANNING AND ZONING DIRECTOR ON MAY 5, 2011, TO ALLOW A SPECIAL TRAINING/VOCATIONAL SCHOOL (EDUCATING HANDS SCHOOL OF MASSAGE) WITHIN AN EXISTING BUILDING ZONED "T6-12-L", LOCATED AT APPROXIMATELY 3883 BISCAYNE BOULEVARD, MIAMI, FLORIDA. 11-00477wt CC 04-26-12 Fact Sheet.pdf 11-00477wt PZAB Appeal Ltr & Reso.pdf 11-00477wt Zoning &Aerial Maps.pdf 11-00477wt Warrant Appeal Ltr, Final Dec., Application & Plans.pdf 11-00477wt CC Legislation (Vers. 3 & 4) & Exhibit.pdf 11-00477wt-Submittal-Letters Emails in Support of Educating Hands.pdf 11-00477wt-Submittal-Elvis Cruz.pdf 11-00477wt-Submittal-Apellant's Permits.pdf 11-00477wt-Submittal-Correspondence-Laura Bolser.pdf 11-00477wt-Submittal-P i ctu res. pdf Motion by Vice Chair Sarnoff, 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 Spence -Jones R-12-0182 Chair Suarez: Okay, we have two more items left on the agenda. They're both Charter items. I'm sorry; we have three more items left on the agenda. They're both Charter -- two Charter items and we have PZ.7. PZ.7, the last time that it came up, was deferred and at the last -- kind of at the last moment and so the people who were here on that item asked that it be brought back at a time certain, so you know, I kind of promised them at that time that would bring it back at a time certain and we had agreed at that time that it would be 5 p.m. I don't know if there's been some sort of a resolution on that issue or -- Vice Chair Sarnoff. I have an e-mail (electronic) from Jeffrey Bash, who is the person who is opposing the decision of the PZAB (Planning, Zoning and Appeals Board), indicating that he is now in agreement, provided he got no parking signs on his section of 36 -- no, not 36 -- 30 -- help me with that, Francisco. What's his street? Francisco Garcia (Director, Planning): I believe it's 39th Street Northwest. Vice Chair Sarnoff. Thirty -Ninth Street. And there's an e-mail from Art Noriega -- I'll make that representation -- indicating he'll put the no -parking signs. And on my cell phone right now is three pictures of the no parking signs, which every Commissioner is more than welcomed to see, which indicates all the no -parking designations are up there. So I think I'm comfortable. Jeffrey Bash has been the primary person that have dealt with regarding this issue. If you would help steer us through what the requirements are, Mr. Garcia, I think have no problems proceeding forward. Commissioner Gort: Let me ask a question. I'm not an attorney, but I'm learning quite a lot from you guys. Since there was about 20 people here and he call a time certain and we listen before, can that decision be challenged in court? That's all ask. City ofMiami Page 79 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Vice Chair Sarnoff I'd defer to the City Attorney on that. Julie O. Bru (City Attorney): This was advertised for 5 o'clock, so you can't make a decision until 5 o'clock. Vice Chair Sarnoff Okay. Chair Suarez: That tells that. Commissioner Gort: Thank you. Vice Chair Sarnoff There you go. Chair Suarez: Yeah. It's kind of like our P&Z (Planning & Zoning) agenda that we advertise at 2. Commissioner Gort: I'm learning -from your guys. Chair Suarez: Good job, Commissioner Gort. So we're going to have to wait. Unfortunately, our meeting's going to run until 5 regardless of whether we knock out these two Charter amendment discussion items. Commissioner Gort: Well, this will take a while. Chair Suarez: Right. Yeah, I'm sure it will. [Later..] Chair Suarez: PZ.7. Priscilla A. Thompson (City Clerk): Chair, if we're going to be taking testimony on PZ.7, I do need to swear in anyone who has come in, will be testing, that has not been sworn in. Chair Suarez: Thank you. The City Clerk administered oath required under City Code Section 62-1 to those giving testimony on zoning issues. Ms. Thompson: Thank you. Mr. Garcia: Mr. Chair, members of the Commission. For the record, Francisco Garcia, Planning & Zoning director. Item PZ.7 is an appeal before you of a decision made by the Planning, Zoning and Appeals Board to overturn on appeal a warrant issued by the Planning & Zoning Department for a special training/vocational school, located at approximately 3883 Biscayne Boulevard. You have our analysis and our recommendation in the backup materials that have been submitted to you. I will briefly say that we advocated and recommended favorably for the reinstatement of the original warrant issued. And I'm happy to respond to any questions you may have. Vice Chair Sarnoff These -- Mr. Chair. Chair Suarez: Yes, you're recognized. Vice Chair Sarnoff These conditions include the configuration of the parking, landscaping, on -street parking, correct? City ofMiami Page 80 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Mr. Garcia: I'm sorry. That is precisely the case. Andl should add that many of those conditions were contained in the original warrant issued. Above and beyond that, as a result of the Planning, Zoning andAppeals Board hearing, we recommended an additional -- which is actually more like a clarified set of conditions that appear in the backup material that you may have. So just to sort of summarize it briefly, you may choose to reinstate the warrant as originally issued, you may choose to reinstate the warrant and add the conditions that were presented to the Planning, Zoning andAppeals Board, or you certainly may choose to uphold the PZAB's (Planning, Zoning andAppeals Board's) ruling and any combination thereof. Ines Marrero-Priegues: Okay. Good evening, Mr. Chairman -- Chair Suarez: You're on. Ms. Marrero-Priegues: -- Commissioners. Ines Marrero, attorney with offices at 701 Brickell Avenue. I'm here on behalf of Iris Burman and Educating Hands. This is, as the director indicated, an appeal of the decision below. I feel it's necessary that I first state that our court reporter is stuck at a deposition. However, I would like to point out that a transcript will be made of these proceedings from the video of the City Commission hearing, andl apologize that she's not here. I will need 25 minutes for my presentation. And notice that Mr. Cruz is here. I don't know why he's here, but if -- I know that Mr. Bash is not here, who was the appellant below, andl would like to reserve five minutes for rebuttal. Vice Chair Sarnoff Before you do that, because I don't -- is there anybody here opposing it right now? Ms. Marrero-Priegues: Well, there's an appellant. We're appealing a decision of the Planning & Zoning Board where Mr. Bash appealed the decision of the Zoning administrator -- of the Zoning -- of the Planning director. I'm sorry. Chair Suarez: I think he just wanted, for expediency sake, to see if there was anybody that was opposing it 'cause if there's no one opposing it, then you can just go forward. No, I know. I understand. I saw him stand up. But if -- I think what he was trying to do was save time. So obviously, there's somebody here in opposition, soI think you can continue. Go ahead. Ms. Marrero-Priegues: Okay. I mean, I want to save time. This matter was deferred twice for us to settle -- Chair Suarez: No, no. Go ahead, go ahead, please. Ms. Marrero-Priegues: -- with that gentleman. Chair Suarez: You have 25 minutes. Ms. Marrero-Priegues: -- and he had counsel and we spent a lot of times trying to reach a settlement and -- Chair Suarez: You have 25 minutes. Madam Clerk, can you put 25 minutes on the clock? Thank you. Ms. Marrero-Priegues: -- as my colleague, Tucker Gibbs, would say, there was no meeting of the minds. And even yesterday, there was still more negotiations anticipating some kind of reasonable settlement and there was no meeting of the minds. But anyway, Educating Hands is a massage school and therapy center. It has been at its biggest location on 8th Street for over 26 years. They moved to this property on Biscayne Boulevard approximately a year ago, probably a City ofMiami Page 81 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 little bit more than that. The property is on Biscayne Boulevard, between 38th and 39th Street. And when Ms. Burman was looking at a new facility, she looked at this building, and she was told that she could indeed move her business, her massage therapy and school, which has been the name of her business for more than 24 years, to this location. She issued -- obtained building permits -- I have them here, all 14 -- building renovation plans stating on them Educating Hands School of Massage. She was issued a Certificate of Use and occupancy for the same exact use she had before and then she was told that there was a mistake and that she had to go obtain a warrant for the massage school because the zoning district did not allow that use at this location. Ms. Burman said, okay, I should do that, and she did. And she met with the City staff and the staff has been very cooperative and she provided all the information. The plan -- she provided the plans. There was expense associated with all those things. And the Planning director, as your City expert on planning issues, determined that the use was appropriate and in his approval, he included conditions for the approval. Unbeknownst to us, Mr. Bash, who was the gentleman who appealed the decision of the director, who lives down the street on 39th Street, appealed the decision to the Zoning Board. At that hearing Mr. Bash made a one -and -a -half hour presentation, showing photographs of people parking on the street, and his complaint was that there were parking issues with this use. There was a parking problem at the school. Andl should point that this project exceeds the required parking under your zoning ordinance, that Miami 21 requires 21 spaces and that 27 spaces are provided, that there's ample parking in the vicinity and in fact, Miami 21 encourages cross -sharing. There were some instances where parking was not controlled. When she first moved into this facility, admittedly, she has training for certification of massage therapists and there were a couple of times when they did not -- were not familiar with the facility and they parked on the street and she has addressed the issue, and there's neighbors here who will like to address the Commission to tell you that there is no parking issue. I should also point out -- and had these pictures on before -- this is what this building looked like before she moved and this is what -- the photograph at the bottom is what the building looks like today. And perhaps the reason why nobody used to park on the street before she showed up is because there was no business on this section of Biscayne Boulevard and if that's what we want, then we have bigger problems. So it so happens that the day of the Zoning Board, I was here on another item so I had the pleasure of listening to the entire hearing before the Zoning Board and, subsequent to that, Ms. Burman contacted me to help her with the appeal before the Commission 'cause they felt that it was an awkward position for the Planning director to represent the appellant and the appellee when, really, he's here to represent the position of the City, so I agreed to help her. And at this point, I think it's important that mention the concept of equitable estoppels. It's a doctrine of fairness and equity and fair play. A property have -- if a property owner or, in this case, Ms. Burman, has in good faith relied on the acts or omissions of government and made such a change in position, investment in this facility, it would be highly inequitable to allow the government to destroy the right acquired by the property owners. And there's the case -- and it's the state of Florida. It's Hollywood Beach Hotel versus City of Hollywood, and a litany of other cases. Meaning, how can you turn her down? She went to the City. She pulled all her approvals. She relied in good faith on all these things and now, out of the blue, they pulled the rug from her feet and say you can't move your -- forward. You can't have your business here because what she does is train massage therapists. So if you deny the warrant, she has to move. She cannot operate her business here. So in this case, the Planning director concurred with the compatibility of the use and he approved the warrant. This is a vocational training school. We fought for the warrant. Again, everybody knows what we do. They have teachers. They have students. They have people that come and get massages. They just buy -- they come and they get their services there and they attend. The issues of the parking have been addressed. There's other parking in the area. These students that come are told where to park. There is an incredible information concern from Ms. Burman, the way she runs her business, to address this issue where when people come, they're told please make sure you park here, you park -- I mean, there has been no other parking issue. But at the time, like I said, Mr. Bash retained counsel to try to settle this matter. That did not bear fruit. Andl still don't quite understand what his issue is with a legitimate business on Biscayne Boulevard that, if we were forced to move out of there tomorrow, could be replaced by City ofMiami Page 82 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 a restaurant, for example, that could meet parking and that people could park wherever and drive down the street. Andl should point out that Northeast 39th Street is a Florida Department -- it's a state road, so any signalization, any curtailment of people turning left, of signalization is governed by the Florida Department of Transportation. It's not a city street. So to the extent that we were asked to maybe put signs that limit where people turn, we said we're happy to put a sign when people exit our building to say they can't turn right. Is it enforceable? No, because it's not a state sign. It would be a private sign that we would place on our facility and City of Miami police officers could not -- Anyway, again, we spent many, many hours with your Planning director, with the counsel that had been retained to negotiate something. I am really at a loss as to what else we could do to address the issues that were concerned. Apparently, they're not important enough for Mr. Bash to come here in person and explain to us what they are or what his concerns are. I urge you to please approve our appeal and uphold the one that was approved by your Planning directors [sic] with those conditions. There's neighbors here that would like to address you briefly. They were here the last time and the time before that and they were here also the evening of the Zoning Board and I would ask them to -- since I still have 17 minutes left, I would ask that they keep their presen -- their statements to no more than maybe a minute and a half each, if possible. John Osberg: Honorable Commissioners. My name is John Osberg. I live at the end of Northeast 39th Street. The address is 601, right at the bay. I walk the street every day. Iris is my neighbor. There are tons of parking places right now if we went down there. I've encountered this -- my neighbor, this man -- I don't know his name -- out on the street with a camera. I asked him what's going on out here. And his complaint to me was the traffic coming from the Tuttle Causeway. Andl want this person, with her business, as my neighbor on this street. She makes the neighborhood beautiful. She's an amazing person in her field. And like I think that what we're dealing with here, in my opinion, is a tempest in a teapot. And I'm more surprised that my representative from my district has not been out there to personally view this problem himself, considering this guy's out there taking pictures day after day. Chair Suarez: I wouldn't presuppose that he hasn't been out there. Mr. Osberg: Well, I haven't seen him out there, but I would certainly like to see him out there. Chair Suarez: Okay. Thank you, sir. Mr. Osberg: Thank you. Chair Suarez: Ma'am. Anasthasia Yecke: Good afternoon, Commissioners. My name is Anasthasia Yecke. I live around the corner from Educating Hands, at 3802 Northeast 6th Avenue. I'm a licensed massage therapist and I graduated from Educating Hands in 2010. As I mentioned, I live right around the corner. I'm a homeowner in Corona Bay. During the time that the school has moved here, I have seen many, many positive changes take place in the area. Having attended Educating Hands when it was in its previous location at Southwest 8th Street, I can personally attest to the quality and the caliber of the teachers and the students involved in the program. Educating Hands and Iris and the other teachers don't simply teach massage; they advocate a holistic approach in which massage is one key element in a positive and compassionate lifestyle, which contributes to optimal health and well-being. I know that we're here today because really one neighbor in particular has an issue with the parking. I would repeat what others have said, that not only were these issues resolved months ago, as someone who lives just around the corner as a homeowner in the neighborhood, I have to say this school has been such a benefit. There is an issue, if anything, with cars speeding off of the 195 off ramp, but any issues that we have with the parking from cars from the students have been addressed. Many of the neighbors agree with me and most, quite frankly, really don't have a strong opinion. There really is only one person City ofMiami Page 83 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 who is in extreme opposition to the parking issue and this building was zoned commercial long before he purchased his home. Mr. Bash likes to position himself as the voice of the Magnolia Park community, but I can assure you that, in reality, he speaks for nobody but himself. Iris and the rest of the faculty are doing their best to make sure residents are not inconvenienced by the vehicles of the students. They have reached out to the neighbors proactively. I firmly believe the school is good for the Magnolia Park neighborhood andl hope that the Commissioners will agree. Thank you for your time. Chair Suarez: Thank you, ma'am. Ma'am, you're recognized. Please step forward. Alessandra Prado: Hi. Good morning. Good afternoon. Can I give this to you? Chair Suarez: Sure. Thank you. Ms. Prado: My name is Alessandra Prado. My company owns four of the houses that there are on 39th Street. For everybody to see, this is the neighborhood, okay. This is the neighborhood. This road is the neighborhood. That is the school here. And then there are four houses that my company owns and then there is Mr. Bash. The different address at 404, 412, 444, and 446 Northeast 39th Street, all of these tenants have sent me letters, of which you have a copy, saying that they are in favor of Educating Hands. They like the change of the neighborhood. They like the fact that there is a safer neighborhood and they would like Educating Hands to stay there. Thank you and goodbye. Commissioner Gort: Thank you. Iris Burman: My name is Iris Burman and I'm the proprietor of Educating Hands School of Massage. I've been in business for over 30 years in support of education and personal growth and development of everybody that comes through the school and uses massage as a means for their self care andl provide support for people to go out and make a living. We educate people who support the rest of the community through touch. We do not, for the most part, almost every day or evening, fill our parking lot, much less overspill. The two days that Mr. Bash had 750 photographs of -- at the Zoning Board meeting represented two days, last July 24 and August 29, where we did have an abundance of people, andl can tell you that when Mr. Bash has a party, he has an abundance of people and fills the street with cars and probably way more often than I do. So I really believe that we are on a major street. Mr. Bash's house is five houses away. It's half a block down the street. It is rare that there is much traffic coming out of our place going down that street. Most people go back to Biscayne. There are occasions. And what we have done on the few occasions that we do know that we will exceed our parking, we have an agreement with the property to the south of us that if we let them know in the evenings, they'd let us use their parking lot. So we have not had a problem of any sort since last August 29 and, like I said, there was only two days last summer at all. This is a problem of a gentleman who just doesn't seem to have a whole lot to occupy his time and so he tries to find other sources of entertainment, which is usually the bothersome involvement in other people's lives, and I'm not the only one. He has represented a humongous overuse of civil resources by constantly -- with -- indiscriminately sending photographs and it's not just of me; it's anything, anybody. He sends photographs to every city agency he can find. He sends it to Zoning and Planning and NET (Neighborhood Enhancement Team) enforcement and Police and all kinds of people. Chair Suarez: Ma'am, I'm going to need you to conclude, please. Ms. Burman: Okay. At any rate, I feel that we provide a value to the community and we do not provide a negative impact on the neighborhood so I appeal that you understand. Chair Suarez: Thank you, ma'am. Anyone else from the public? Mr. Cruz. City ofMiami Page 84 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Elvis Cruz: Commissioner, is this the public hearing or is this the appellant's presentation? Chair Suarez: That's a good question. It has become a public hearing, I believe, 'cause members of the public have spoken on this issue. You know, what do you consider it? Ms. Marrero-Priegues: Whatever you want. Chair Suarez: It has to be a public hearing anyways at some point or another so go ahead. Mr. Cruz: Why don't you take another speaker. I have some handouts and then I'll be ready. Chair Suarez: Sure. Mr. Cruz: Thank you. Chair Suarez: Go ahead. Priscilla Prado: Good afternoon. My name is Priscilla Prado. I'm one of the persons that are in the trust for (UNINTELLIGIBLE). I have a letter from Laura Bolser, who is the neighbor who is immediately adjacent to the building. If you would indulge me, I'd like to read the letter to you as opposed to just handing it to you. It reads: Dear City ofMiami Commissioners and staff fellow residents and friends of Magnolia Park. Regretfully, I'm unable to be present for the hearing on March 22 and again today due to business travel. Therefore, I respectfully request that this letter be read aloud before the Commission. I would like to start by first saying thatl am taking the time to write this letter because it's simply the right thing to do. I would also like to be clear that Mr. Bash does not represent me, the Magnolia Park neighborhood, opinions of myself, or others in the neighborhood. He simply represents his own opinions as a single resident ofMagnolia Park. Please disregard any e-mails (electronic) or verbal communication that he may offer from me as it is not a true or accurate account of where I stand today or have stood for almost one year. Please let it also be clear that I reside directly next door to Educating Hands and I'm therefore impacted the most by the business and its students and guests. Please see attached City map, the location of my home that I lease and Educating Hands. The small issues I had with Educating Hands were cleared up a year ago, and it's only because of the insistence ofMr. Jeffrey Bash that you all stand here today. This is my opinion, completely uncalled for and manipulation of loopholes in the City's structure that Mr. Bash has obsessively challenged and, as a result, is a complete farce and huge waste of taxpayer dollars. To be completely frank, I'm utterly surprised that the pickiness [sic] and ridiculous requests and demands ofMr. Bash of Educating Hands even continued to be entertained and heard. Educating Hands and its owner, Iris Burman, have been nothing but wonderful neighbors and are an asset to our neighborhood. They are respectful to the residents, take pride in their business and their building in maintaining it, and have complied with even the most ridiculous of requests. If Educating Hands were not in operation, I would be fearful for my safety as I was before they moved in when there were drug dealers, prostitutes, and homeless congregating in a very dark parking lot now occupied by them and is directly next to my home. I don't think Mr. Bash has ever been affected by that negative element since he lives further down the street. Where my home is situated, there is no one around me but one neighbor to my east who's hardly ever home. Chair Suarez: Ma'am, I'm going to need you to conclude, please. Ms. Prado: I'm trying to read as fast as I can, but if not -- it's another half a page. I'll read as quickly as I can. So when my dogs were out -- I'm sorry. So when I take my dogs out for the night, I'm essentially alone if it wasn't for Educating Hands. Additionally, given the conditions of the economy, if Educating Hands were not in operation, the chances are very great that the building would sit vacant for a long time. This would be extremely detrimental to me and my City ofMiami Page 85 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 closest two neighbors in particular. The building directly across from me and all up and down Biscayne Boulevard buildings sit vacant, attracting a negative element. Since Educating Hands moved in next door to me, the negative elements have been almost all but alleviated. Just to paraphrase -- I'll read the last paragraph for you. Chair Suarez: Please, please. Thankyou. Ms. Prado: How's that? Commissioners, I ask that you please see through these ridiculous requests ofMr. Bash and grant Educating Hands their warrant to be fully operational without clauses requested by one obsessed neighbor. They are an asset to the neighborhood, have very little traffic influence on the neighborhood, provide much needed light and security to the area, stimulate our local economy and employment, and are a kind and considerate neighbor of all of us, including Mr. Bash. Thankyou very much for your patience -- Chair Suarez: Thank you. Ms. Prado: -- in this long drawn out letter. Chair Suarez: Thank you so much. Ms. Prado: One other thing l just wanted to let you know. You were submitted some photographs in the packet that Alessandra Prado provided to you. Just so that the record's clear, I'm the one that took the photographs in those pictures. I went out there on July 25, 2011 at 1:11 p.m., July 28 at 3 p.m., July 28 at 4: 19 p.m., and September 22 at 1 p.m. I don't live in the area. I just randomly -- when I'm in Miami, I stop andl take a picture because I know that this has been an issue, and can show you the pictures. There is -- (INAUDIBT,F). Here are the four pictures and they're all representative of the same thing. Chair Suarez: We're going to give them to the Clerk for the record. Thank you. Ms. Prado: (INAUDIBLE). Chair Suarez: Okay. Mr. Cruz, how much time do you need? Mr. Cruz: Two or three. Not much. Chair Suarez: Okay, perfect. Mr. Cruz: I'm usually pretty short. Chair Suarez: I'll give you three. Mr. Cruz: I've learned that here. Chair Suarez: I'll give you three. Mr. Cruz: Thankyou, sir. Thankyou, Commissioners. Elvis Cruz, 631 Northeast 57th Street. Lady and gentlemen, this situation highlights a major flaw in Miami 21 that goes far beyond this particular property with citywide implications for all of your districts. Mr. JeffBash has indeed taken many photographs of the overflow parking. As was mentioned, he lives five houses away and he's had trouble with cars in front of his house. By the way, Mr. Bash is sick today. He very much wanted to be here. He is not well. And some of the characterizations that were made of him were not accurate. Some were quite mean -spirited and unnecessary. So I just wanted to mention that. It is a paradigm of zoning that commercial parking should not be allowed to intrude into the residential zone behind it. Now at this point would like to draw your attention City ofMiami Page 86 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 to the handout which I gave you. It's an excerpt from Miami 21. And on the first page it lists the various educational uses under Miami 21. Then, ifyou go to the second page, you will see that all the educational uses have a minimum of two parking spaces for every 1,000 square feet. That is regardless of whether that educational use is a college or a university or an elementary school or a middle school or a high school or a preschool or special training or vocational programs. So even if it's an elementary school, which has no students of driving age, or a college or an adult education center, where every student is of driving age, the parking requirement under Miami 21 is the same and that is the problem. That makes no logical sense whatsoever. One of the solutions that has been offered is to create a residential parking zone. That is an onerous solution at best. Residential parking zones require the residents to now have to pay for a permit to park in front of their own house. Ms. Marrero-Priegues: Mr. Cruz, I'm sorry. I hate to do this, I really do. I'm -- but -- Mr. Cruz: Mr. Chairman. Ms. Marrero-Priegues: -- I do need to ask a quick question. Mr. Cruz: Mr. Chairman. Ms. Marrero-Priegues: Are you here speaking on behalf of Mr. Bash? Mr. Cruz: Mr. Chairman, is this out of order, Mr. Chairman? Commissioner Spence -Jones: Mr. Chairman. Commissioner Sarnoff, you're the Chairman now. Mr. Cruz: Mr. Chairman, I'm being interrupted during my presentation by the opposing counsel. Is that out of order? Vice Chair Sarnofff. Now, let's just let him -- did you say you'll be another minute, did you say? Mr. Cruz: At most. Vice Chair Sarnofff. At most. Ms. Marrero-Priegues: I just wanted to clarify whether he's here representing Mr. Bash. Vice Chair Sarnofff. As Kim Kardashian said to -- Ms. Marrero-Priegues: I don't -- Vice Chair Sarnofff. -- Lamar Odom right after they got married, this will be brief. Ms. Marrero-Priegues: Well, she wasn't the one married to Lamar, but I won't get into that. Mr. Cruz: To answer your question -- Vice Chair Sarnofff. I got the wrong Kardashian, right? Mr. Cruz: But to answer -- Vice Chair Sarnofff. Go ahead, Elvis, finish. Mr. Cruz: -- your question, counsel, I never saidl was representing Mr. Bash. I'm not an attorney. I just pretend to be one at City Hall. City ofMiami Page 87 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Ms. Marrero-Priegues: Thank you. Vice Chair Sarnofff. Finish. Mr. Cruz: To finish up, Commissioners, again, please protect all of our neighborhoods, all of our residential neighborhoods from incursions of commercial parking. I ask that you do the same here by denying the warrant and then go a step further and do the right thing, which is to change the Miami 21 parking requirements for educational uses to be based on the driver population of that specific use, not based on square footage. Thank you. Vice Chair Sarnofff. Thank you. Anybody else wishing to present? Hearing none and seeing none, public hearing is now closed. Does the appellant -- you're the appellant, right? The appellant wish to present any --? Ms. Marrero-Priegues: I never thought in 23 years of pracficing law that I would be left with nothing to say, but I have nothing else to say. Vice Chair Sarnofff. That's good, that's good. Ms. Marrero-Priegues: No, that's not good. Vice Chair Sarnofff. We won't tell your client you had nothing to say. Ms. Marrero-Priegues: She's here. She knows. Vice Chair Sarnofff. All right, I'm going to pass the gavel to Commissioner Carollo and I'm going to make a motion to -- I want to do what the Planning & Zoning Board did. I'd like you to read into the record their stipulations. Ms. Marrero-Priegues: They didn't have stipulations, Mr. Chairman. Vice Chair Sarnofff. Wow. Ms. Marrero-Priegues: They denied it. Vice Chair Sarnofff. (UNINTET,TIGIBT,F). Commissioner Spence -Jones: Commissioner Sarnoff, I just want to be clear because we just -- I don't know what that sound was. The picture that we just saw, I thought that was showing that it was -- the issued was resolved. Vice Chair Sarnofff. Well, yeah, let me -- Commissioner Spence -Jones: Yeah. I just want to be clear 'cause I'm thinking that -- Vice Chair Sarnofff. And let me go on the record -- Commissioner Spence -Jones: I thought that you just had to go through this process, but has it been resolved or --? Vice Chair Sarnofff. Well, I'm sure it has not been resolved for Elvis Cruz. And has it been resolved for Jeffrey Bash? Probably not in total. But what you were shown was a no parking signs that were just put up at 12 o'clock this afternoon by the Miami Parking Authority that will -- what will preserve Mr. Bash's sight triangles as he comes in and out of his park -- in and out of City ofMiami Page 88 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 his driveway, so one issue of Mr. Bash has been completed. What I'm going to attempt to do is make that as part of the requirement as well, that those no parking signs remain in effect and then adopt, my understanding, what the PZAB Board recommended. Mr. Garcia: Just to clam briefly, sir. These -- the items that I believe you're referring to are items that the Planning & Zoning Department -- Vice Chair Sarnoff I'm sorry. Mr. Garcia: -- presented to the Planning, Zoning andAppeals Board. However, the Planning, Zoning andAppeals Board, in a divided ruling, 4-3, chose to deny the warrant instead of incorporating these additional clarifications or conditions, if you will. Vice Chair Sarnoff So then my motion would be, what, ifI want to maintain what the P -- what your zoning -- I'm sorry -- what your Planning Department is recommending? Maria J. Chiaro (Deputy City Attorney): A motion to grant the appeal -- Vice Chair Sarnoff Right. Ms. Chiaro: -- issue the warrant -- Vice Chair Sarnoff Right. Ms. Chiaro: -- with the conditions as imposed by the Planning director and with the conditions that the parking -- no -parking signs, as indicated, maintain in place. Vice Chair Sarnoff All right, that's my motion, Mr. Chair. Chair Suarez: Motion by the Vice Chair. Is there a second? Commissioner Carollo: Second. Commissioner Spence -Jones: Second. Commissioner Gort: Second. Discussion. Chair Suarez: Second by Commissioner Carollo. Commissioner Gort. Commissioner Gort: The no -parking sign is going to be the whole street? Just in front of -- Vice Chair Sarnoff No. Commissioner Gort: -- this gentleman's house? Vice Chair Sarnoff Correct. Commissioner Gort: So when he has a party and people park there, they'll get a ticket? Vice Chair Sarnoff No, no. When he has a party, he cannot park in front of his house. Commissioner Gort: Okay. Commissioner Spence -Jones: Mr. Chairman -- City ofMiami Page 89 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Chair Suarez: Yes. Commissioner Spence -Jones: -- I just want to be -- Mr. Vice Chairman, I'm sorry. Have they seen the parking? Have you guys seen the parking signs? Ms. Marrero-Priegues: No. Commissioner Spence -Jones: The new ones that were there? He can show -- can -- Mr. Vice man -- Chair -- Vice Chair Sarnoff. Sorry you got to do it this way. Commissioner Spence -Jones: -- can you --? Vice Chair Sarnoff. I'll show it to him. Commissioner Spence -Jones: I mean, does this resolve the issue? Ms. Marrero-Priegues: This has nothing to do with us. Vice Chair Sarnoff. Right. This just resolves one of the issues of one of the -- Chair Suarez: Presumably, it resolves the issue because the person's not here, right? Vice Chair Sarnoff. No. Candidly, he e-mailed me saying he had the flu, and there is still one other issue that we will not be able to resolve for him. And then you have I think most of what he -- it's -- what's the old saying, he got 85 percent of what he wanted accomplished and in between this hearing that didn't happen and today, he got another 5 or 7 percent, so he's at about 90 to 92 percent. Andl think Mr. Cruz is bringing up an issue with regard to the amount of required cars parking with regard to Miami 21 in what he called four dash -- or 4.6 ofMiami 21. Commissioner Gort: Mr. Chairman. Chair Suarez: Yes. Commissioner Gort: When we approved Miami 21 that says the -- this is a new process that's going to have to be debugged quite a bit. Now, my understanding -- andl appreciate Mr. Cruz. Butl think that Mr. Cruz, what he wants is best for the residents or the neighborhoods, andl think you have a show of neighborhood here, they're the one that have to live with the facility. They in approvement [sic] of it. Andl think if a neighborhood comes out as much as they did and they be coming out constantly, that make -- should make a difference. And if we need to amend Miami 21, we have done it before and we might have to do it some other time. Chair Suarez: Definitely. Vice Chair Sarnoff. And -- Commissioner Gort: So -- Vice Chair Sarnoff. -- just so you know, I -- Commissioner Gort: -- I'm speaking in favor of your motion. Chair Suarez: So -- City ofMiami Page 90 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 D1.1 12-00430 Vice Chair Sarnoff And I have now sent those photographs to the Clerk so they'll be a part of our record, so if counsel wants to see them -- Ms. Marrero-Priegues: It's different. Vice Chair Sarnoff I didn't think you did. Commissioner Spence -Jones: Let -- you don't want the owner to see --? Chair Suarez: So it's been moved and seconded. Commissioner Spence -Jones: The owner wants to see it. Chair Suarez: Ma'am, do -- I'm sorry. Ms. Thompson: Just wanting to make sure before you take your vote on this resolution -- Chair Suarez: As modified? Ms. Thompson: That's what I want to make sure -- Chair Suarez: Okay. Ms. Thompson: -- with the City Attorney's Office because of the -- Chair Suarez: Madam Attorney, as modified? Move -- Ms. Chiaro: Yes, as modified. Chair Suarez: Okay. There's been a -- there's a motion as modified and there's a second. All in favor, signifi, by saying iiye. " The Commission (Collectively): Aye. Chair Suarez: Passes unanimously. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT DISCUSSION ITEM DISCUSSION REGARDING THE PLACEMENT OF INSPECTORS AT NET OFFICES. City ofMiami Page 91 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 12-00430 Email - Inspectors at NET Offices.pdf DISCUSSED Direction by Commissioner Gort and Commissioner Spence -Jones to the Administration to bring back a plan to integrate and implement the services provided by the Neighborhood Enhancement Team (NET), Police, and Code Enforcement in order to better serve the community; further directing the Administration to provide an analysis on how the implementation of such a program would occur by district. Chair Suarez: We're going to go now to, if Commissioner Gort is okay with it, his discussion item on the placing inspectors in the NET (Neighborhood Enhancement Team) offices. Commissioner Spence -Jones: Oh, good. Chair Suarez: D1.1. Commissioner Gort: The idea -- I don't have the documents. I thought it was going to be later on this afternoon. Chair Suarez: We can do it in the afternoon if you want. Commissioner Gort: The idea is -- what we like to do is -- at one time when I first got elected, the NET office was created with the idea to create mini municipals government agency in the neighborhood. At that time, we had the police, the NET office and inspector working as a team. A lot of the problems that we have today and have a couple of places we have problems where the police cannot take action, but working with Code Enforcement, they can. And the idea of the NET office was to bring the government at the neighborhood level. And there's people working in the same neighborhood, they know the merchants, they know the residents, they know the problems, they know the hoods. They know everyone, and they work very closely as a team. And that's what it takes to get things done and to improve the community. So what I'd like is to instruct the Administration to get together with the -- have the NET office, NET superintendent and the Code Enforcement and the policemens [sic] -- the police officer that we have is resource policemens [sic] at the NET office come up with -- and come back to us with a plan to integrate them. The reason is -- my understanding is we have 42 inspectors. Right now they're working, my understanding is, out of their automobiles, andl would like to have them working in coordination with the NET administrator. The code enforcement will continue to be a department separate because they're the one that have knowledge of the codes and they can enforce. But I'd like for them to start working as a team. One of the biggest problem that we have today is "It's not my job. It's not my responsibility." I think we have to think outside of the box and we have to do this. I think this is one way that this can be done. So this is what I'd like to do. I'd like to recommend the Administration to go back -- to work with my office and the Commissioners' office, to all the Commissioners, and come up with the idea to bring them all together. The other things that Code Enforcement can do is besides -- let's face it, Code Enforcement works on complaints. People complain. We receive the complaints. We call Code Enforcement; they take care of it. What I would like to see is a coordinated effort with the NET administrators and the NET working -- the police officers to deal with that crime that the police cannot really go into it but the Code Enforcement can enforce some -- At the same time, we have -- always have business corridor within our districts. Have the Code Enforcement walk through that corridor to make sure that they have the CU (Certificate of Use), they have all the license that they needed to operate a business. I can assure you, we're going to -- although they've done a great job in getting funds, we can get a lot more funds than we have. So, actually, it was just a discussion item asking the Administration to think about it andl would like to see that implemented. Chair Suarez: Thank you, Commissioner. I agree with you wholeheartedly. You know, one of the things that I did in the construction of the Coral Gate Community Center was carve out 600 City ofMiami Page 92 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 square feet or so for there to be a satellite NET office there. Andl agree that all our satellite operations should use the NET office as a kind of a home base so that there's coordination, so that our residents who come in and want to lodge a code enforcement complaint can do that. Commissioner Gort: And get the permits. Chair Suarez: Yeah. [Later..] Commissioner Spence -Jones: Mr. Chairman. Chair Suarez: Yes, Commissioner. Commissioner Spence -Jones: Just want to expound on -- Chair Suarez: Yes. Commissioner Spence -Jones: -- Commissioner Gort. I think that -- and this is one of the discussions you and I had yesterday in the briefing. Remember, I asked you, Mr. Manager, if this was something that was being considered and -- 'cause I kind of felt that it was going in this direction. Andl agree with Commissioner Gort with us trying to figure out a way how we can combine it because I know that when Commissioner -- I'm calling Commissioner Regalado -- Mayor Regalado -- both Commissioner Regalado and myself and Sarnoff, I guess, in the beginning of it, all of the NET -- all of the Code Enforcement was actually inside of NET. Andl don't really remember the reason why we decided to separate it, but I believe the Manager at that time felt that the two things needed to be separate. Andl think that one of the things that they were trying to accomplish was Code Enforcement officers that were rotating and not becoming so comfortable with being in one particular district because there were complaints that some of the Code Enforcement officers were becoming too comfortable with their post, were not enforcing things because of relationships or they were over -enforcing on certain -- so they were not being fair in how they were dealing with it. Andl think even then I had a concern about the merging because I felt that the problem needed to be fixed, which was how it was being managed and not necessarily the people, you know what mean? So I happened to do a tour with one of my Code Enforcement teams and, you know, I happened to get in the car to ride with them and they're literally working -- I mean, their whole office is in their car. I didn't have a place to sit. I'm like, how do you even do anything, and this is how they're working. So I think it'll be a lot more efficient to have, you know, your NET office, Code Enforcement there, still having a different report to. I don't -- I'm not saying that -- 'cause I do believe that the two things are separate and you need somebody that's just going to focus on that. But I think it's a lot easier for a NET administrator right there in the same office to communicate if there's an issue or a problem. So that will be my recommendation. But like Commissioner Gort said, I do think that because you're talking about code enforcement and there's different laws and things that need to be handled and NET can't really afford to take on administrating code enforcement too. I'm just saying from the standpoint of them just having a place where they're stationed to kind of deliver -- deal with some of the issues that are affecting the residents, so I just want to be clear. Chair Suarez: Thank you. Vice Chair Sarnoff Mr. Chair. Chair Suarez: Yes. Vice Chair Sarnoff Go ahead. City ofMiami Page 93 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Commissioner Carollo: I'll yield to you. Vice Chair Sarnoff. Not to be contrary -- andl certainly was up here when the Mayor was Commissioner, but I also want to see the report come back demonstrating the reasons or the validity of keeping them separate because the one thing we don't seem to have is a controversy that Miami Beach is going through right now, and that's where code compliance officers got very, very comfortable with who they were code complying with. Andl think we've changed code enforcement now to code compliance, which is probably a good thing, not a bad thing 'cause it shows that we want compliance and not necessarily enforcement. If in fact you come back with a recommendation, Mr. Manager, to combine them, I'd also like you to study in downtown not combining them. Because once you get to the downtown Miami, you're a reasonably sophisticated business. You have a reasonably -- your expectations are somewhat different andl don't think a cozy environment in downtown Miami facilitates or necessitates a better Miami. I think there needs to be a little more of a formality. I think as the City becomes more formal, more -- we're obviously becoming a city that is a high-rise city. I think code compliance is a more necessary function. So if you do come back and decide to combine, I'd also like you to study the downtown, which to me is probably Brickell -- let me go as far as the DDA (Downtown Development Authority) jurisdiction, if you would; probably 15th Street north, all the way up to 36th Street, keeping that from going into a code -- going into NET jurisdiction 'cause I don't think that would facilitate -- Commissioner Gort: But the idea is not to have NET jurisdiction. The idea -- they'll continue to do code compliance, but work as a team -- Commissioner Spence -Jones: Yeah. Commissioner Gort: -- with the police and with the -- Commissioner Spence -Jones: (UNINTET,TIGIBT,F) separation (UNINTELLIGIBLE). Commissioner Gort: -- NET administrator. We're not separating the power. On the contrary, we want them to do more work. We want them to be more efficient. And by being in the neighborhood -- see, we get all the complaints. People right now through Code Enforcement, they ask them to call 311. I don't know what your experience has been, but I get a lot of calls from people telling me, I've been calling 311 for the last three month and nobody has been able to take care of my problem. Andl tell them, don't call 311; call me. Commissioner Carollo: Yeah. Vice Chair Sarnoff And with that -- I've had a horrible experience with 311. And if someone's had a good experience, please speak up. Chair Suarez: Not me. Vice Chair Sarnoff. Right. But I think technology is now beyond 311. I mean, we're exploring apps. We've simply -- look, probably 60 percent ofMiami and probably 80 percent of my district probably carry some sort of technology phone. You take the photograph, here's the issue. I mean, it's so simple. A written, recorded trail emerges. It's in our e-mail (electronic) system, and I just think 311 -- which at the time was probably state-of-the-art, probably was, but I'm telling you, since I've been sitting on this Commission, I don't think 311 has worked. I don't think it works well. I'm open to different initiatives, butt think it's time to go to an app. Andl know we're exploring in our office different apps. Commissioner Spence -Jones: Mr. Chairman. City ofMiami Page 94 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Chair Suarez: Commissioner. Commissioner Spence -Jones: I totally agree. If we're not there from the perspective of -- I mean, we're definitely moving in the direction of -- we should be doing that anyway with the apps part of it. But I also know that in some of our districts, you know, where we have many seniors -- and I'm just going to say straight up that when you say app, they don't even know what you're talking about. When you ask them to pick up just even the basic cell phone, they don't know how to use that. So I think that the 311 is always going to be important unless -- especially with that older audience, the 55, 60 year old and up. Andl know in Allapattah, Little Havana, and Liberty City, Little Haiti, that's why I want to work closely, especially with IT (Information Technology), to begin to train and educate our older demographics on how to even go on the computer. I mean, that's how -- you know, so I think 311 is essential, but do think that the City needs to figure out a way to also explore, like you said, apps, to kind of address some of these issues. I want the Mayor to at least -- I see him standing on the issue of the -- bringing the two together. We just would like to get your input because I know you sat with us on the Commission when we talked about this and when we made the separation. I don't know if you want to have anything that you want to add to that. Johnny Martinez (City Manager): For clarity, we're not combining the departments. We're providing office space -- Commissioner Spence -Jones: Yeah, just space. Mr. Martinez: -- in the NET office -- Mayor Tomas Regalado: Right. Mr. Martinez: -- for somebody to work in nice conditions. Commissioner Spence -Jones: But I don't know if he remembered the reason why. Mayor Regalado: But I do remember. And thank you, Commissioner, and Commissioners. I agree with Commissioner Gort that they need the space and it's close to where they operate since we have several NET offices, not as many as we had before, but they do have the possibility of working there. There are complaints that go through 311, but also there are complaints that come directly to -- Commissioner Gort: That's it. Mayor Regalado: -- the office and -- Commissioner Carollo: That's where I was going. Mayor Regalado: -- we forward that to the Code Enforcement. And mind you -- and Commissioner Sarnoff -- Vice Chair, the 311 is operated, as you know, by the County and the County has reduced hours and people and they are somehow overwhelmed. Actually, 80 percent of the complaints -- andl checked that a few days ago -- that the City gets on 311 is because people didn't have garbage cans. Now that we have new garbage cans, people are beginning. But 311 is not very reliable for the City because they have the whole County to address and they do address issues with the County Mayor, County Commissioners. And most of the code enforcement problems come through the office of the Commissioners and my office. Andl think it's about space. Commissioner Spence -Jones is correct. When they were separated, there were two issues. The people of Code Enforcement were sort of under the direction of the NET director and they were sent this and that places. When the past Administration separate both agencies and took them somewhere, what happened was in the rotation that there was no follow up. City ofMiami Page 95 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Because one day -- one week a Code Enforcement inspector was in Allapattah; the other week, in Flagami; the other week -- and they did not close the cases. They just file and there wasn't the follow up that we need. So I think what the Manager is saying, that it's about a space, andl think that that's -- you know, bringing them to different neighborhoods and let them know the neighborhood for a while and work and follow up cases from the different NET offices. So I don't think that the idea of Commissioner Gort is to merge the two department. Commissioner Gort: No. Mayor Regalado: I think it's just -- Commissioner Spence -Jones: Just to put them -- located in the same. Mayor Regalado: Locate them together. Commissioner Gort: Guys -- Mayor Regalado: Matter of fact, I think -- Commissioner Gort: -- what I'm asking -- Mayor Regalado: -- we could save money. Commissioner Gort: -- is team work. Mayor Regalado: Right. Commissioner Gort: I have a couple of problems in my neighborhood which we had the meetings with individuals, police could not do the enforcement. Code Enforcement could have certain enforcement to improve the problem or to get rid of the problem, and this is where they got to work as a team. I don't think they have to merge or anything like that, but I think it's important. Andl can understand you want to move because what happened in Miami Beach, but you can at least give them there six month or a year. I think the NET offices -- the police officer are working great. And let me tell you, I don't have any complaints. Every time I get a complaint from one of the constituents, I send my e-mail (electronic) to the NET offices. They take care of it right away. And the Code Enforcement and sanitation, I have to tell you, the response is great. Our people are really responding well and they responding immediately. So the idea is teamwork. I mean, let's think outside of the box. Maybe what someone cannot come up with, somebody else can give them an idea when they work as a team, and that's what I'm trying to do throughout the whole city. Chair Suarez: Thank you. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, Commissioner. You're recognized. Commissioner Carollo: Thank you. I, like Commissioner Sarnoff, would like to explore whether, you know, it could be done for some districts and maybe not for others. I know -- one of the reasons that there's districts is because each area has different needs. Commissioner Spence -Jones: Yes. Commissioner Carollo: For example, one that you may not be aware of -- and by the way, 311 in Little Havana is called Commissioner Carollo's office, and we refer and so forth. The one City ofMiami Page 96 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 issue that the NET office was able to help us with not too long ago was the chicken busters. Believe it or not, the complaint was, Commissioner, these chickens are running through our yards and they're driving us crazy. And -- Commissioner Spence -Jones: So you got a chicken buster? Commissioner Carollo: -- I don't know how they did it -- Commissioner Spence -Jones: Ms. Haydee, I want some chicken busters 'cause we got them. I've been asking for them. Commissioner Carollo: Okay. Commissioner Spence -Jones: I'm glad to know you getting the chicken busters. Commissioner Carollo: Okay, so what I'm saying is we have different needs in different districts. So you know, that's something that I want to explore more with the Administration to see exactly, you know, how it's done because I don't necessarily believe that, you know, we may need Code Enforcement in the NET office. And one of the reasons -- and I'm not saying the only reason -- but one of the reasons that was told that in the past the NET offices disengaged or went on their own and did not stay in the NET was because when you go to the NET office, it's more -- it's supposed to be more of a friendly atmosphere where they're supposed to help. Well, the typical person don't think that Code Enforcement is there to help you. Commissioner Spence -Jones: Right. Commissioner Carollo: So there was some type of feeling that we don't want to go to the NET office because you have Code Enforcement there. You have, you know -- and that's what I was told, that in the past that some people or some residents didn't feel comfortable going to NET offices because of Code Enforcement. So, again, all I'm saying is I want to explore, you know, as far as with District 3, you know, the possibility of doing it or not doing it and working with me . And there's other needs that know we have in District 3 that we've spoken about with the computers that we'll be speaking more about. And like I said, there was a case with the chickens andl told staff hey, call NET. Let's see if NET could actually, you know, fix the problem. Andl was told that we -- you all were able to catch the chickens so -- Mr. Martinez: They gave out a lot of soup with the turkey. Commissioner Gort: There was a lot of chicken soup. Commissioner Carollo: I don't want to know what happened. Commissioner Gort: Didn't you see the chicken soup specials? Commissioner Carollo: I don't want to know what happened. All know is that the residents called us and said, thank you, Commissioner. It was done and -- Commissioner Gort: Let me tell you my experience for the first -- when I first got elected -- 'cause I really pushed for the NET office and the concept. And the reason it works -- and what we need to do is train our people, the Code Enforcement, they see a problem -- a lot of the people, their attitude is what makes the difference. Some people, they get a little badge and right away for some reason that badge, boy, it goes to their head. I think we need to train all our inspectors -- I have inspectors that get calls from people scared they're going to knock their house down. Inspectors got to come and we got to train them and we got to train our people. You come and you tell the person, listen, you have a problem with code. We're going to work City ofMiami Page 97 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 with you to help you comply with what you have, and that's what they're for. It shouldn't be -- maybe we should change the name to code enforcement -- andl think you already did, to code compliance. Make sure the inspectors that come -- it's not what you say but how you say it that makes a difference. A lot of these inspectors come in, `I'm going to close you down" (UNINTELLIGIBLE). You know, that's a bad attitude. Right away that turns people off. Commissioner Carollo: Yeah. Commissioner Gort: So training and training is very important. Commissioner Spence -Jones: Mr. Chairman. Chair Suarez: Yes, Commissioner. You're recognized. Commissioner Spence -Jones: Just so the Administration is clear on what the directive is, I'm assuming what we're asking for is for you to give us perhaps the pros and cons of, one, their merging back together, meaning merging not from the standpoint of the departments -- and correct me, Commissioner Sarnoff, if I'm right on that -- NET and Code Enforcement being in the same -- up under the same umbrella. But I don't think that -- that's not what you're saying. You're saying -- I think what he's saying is give us the analysis of Code Enforcement, perhaps, having space within the NET offices and then the other part of that is I'm assuming looking at each one of the districts to evaluate what makes the most sense for that district 'cause every district is different and some districts may appreciate the separation or value having the separation than the others so -- Mr. Martinez: Tailor the recommendation toward each district and meet with each district to -- before we -- Commissioner Spence -Jones: Okay. Commissioner Carollo: Work with each Commissioner. Commissioner Spence -Jones: Yeah, work with each Commissioner. And then -- Commissioner Gort: I'm ready for my district. Commissioner Spence -Jones: -- the -- me too. And the third thing for -- but I want your evaluation 'cause you run the City so you tell us what works the best. I don't want us to be creating more problems than we need. But on the chicken busters part, okay, Little Haiti is full of chickens. I don't know what they're doing with them chickens there and Overtown is now full of chickens and roosters. Commissioner Gort: Chicken soup, chicken casserole. I mean -- Haydee Wheeler (Director, NET): Mr. Manager, we need more money. Commissioner Spence -Jones: So whatever Commissioner Carollo got, I would like to have too. Ms. Wheeler: I'm going to have to ask Pablo. Chair Suarez: I know I at least have one chicken in my district and it's been driving me crazy. It's driving everybody else crazy. Vice Chair Sarnoff. You guys are making me hungry. City ofMiami Page 98 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Commissioner Spence -Jones: Well, you have peacocks, right? Vice Chair Sarnoft I do. Chair Suarez: Yeah, you have peacocks. Commissioner Gort: Yeah, he -- Vice Chair Sarnoft I do. Commissioner Spence -Jones: We got roosters. Commissioner Gort: We got the peacocks, yeah. Chair Suarez: The peacocks are pretty -- they're pretty -- they could be pretty bad. Vice Chair Sarnoft They're proliferating and doing well. Chair Suarez: Yes, Mr. Cabrera. You're recognized. Luis Cabrera: Luis Cabrera, assistant City Manager. We've been looking for the last -- looking at for the last several weeks several things within the Code Enforcement Department. Number one, we're changing the concept and the principles of the department from going -from an enforcement to a compliance. I think it's extremely important that we focus on educating the public on what our rules and regulations and ordinance are and assisting them and working with them to acquire compliance before we lead into enforcement. We're also looking at moving the inspectors to work with sanitation on the rollover issues and other issues that have been ignored for a little bit of time now. And we're focusing also how they can work with the NET offices. So these things are coming into play under the direction of our Manager. It's just taken some time because we do not want to rush this process. And we will get back with you with a report, but it's something that the Administration is focusing on changing the mental state of the whole Code Enforcement Department, where we're going to go out there and work with the public and be more hands on and more efficient and streamline the process. And we will meet with the Commissioners and we'll work -- we'll get their input and make sure what works in their areas 'cause there's nobody that knows the areas better than the represent -- the honorable representatives of that area, the Commissioners. Andl assure you that we will do that and we'll adhere to what the needs are in each area. Chair Suarez: Thank you, Mr. Cabera. END OF DISTRICT 1 DISTRICT 2 VICE-CHAIRMAN MARC DAVID SARNOFF D2.1 DISCUSSION ITEM 12-00397 DISCUSSION REGARDING MERGING NUISANCE ABATEMENT BOARD WITH THE CODE ENFORCEMENT BOARD. 12-00397 Email - Merging Nuisance Abatement Board - Code Enforcement Board.pdf City ofMiami Page 99 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 DISCUSSED A motion was made by Vice Chair Sarnoff, seconded by Commissioner Gort, and was passed unanimously, for the City Manager to merge the powers of the Nuisance Abatement Board with those of the Code Enforcement Board, to have one consolidated board. Chair Suarez: Okay, D2.1, merging Nuisance Abatement and Code Enforcement Boards. Vice Chair Sarnoff. Thank you, Mr. Chair. I think as you all know, one of the -- what is it, one of the bows in our quiver -- or one of the quivers in our bow, I guess is the right way to put it, would be nuisance abatement, and it's a tool we're not using. I know; I'm trying to remember ifI got that right too. Chair Suarez: Bows in a quiver, yeah. You had it right -- Vice Chair Sarnoff. Is it arrows? Chair Suarez: -- the first time. Vice Chair Sarnoff. Arrows in the quiver. Chair Suarez: You had it right the first time. Vice Chair Sarnoff. Okay, bows in the quiver, all right. One of the tools we're not using in the tool -- Chair Suarez: It's better than wall against the back. Vice Chair Sarnoff. -- chest is our Nuisance Abatement Board, and it's a board that historically was used many, many years ago. And for one reason or another, we don't seem to gain quorum. We don't seem to use it. In my district, right next to the Cushman school, there would have been an ability to code enforce on a particular home where there was a murder committed, and that would -- and there was enough code enforcement reason to close down that home years before the murder was committed. So I'm not saying that we would have necessarily done this, but we certain have precluded ourselves from doing it. And now that we have tried to establish the Nuisance Abatement Board -- and think we've been at this for the better part of four or five months -- it appears that we're not getting enough fraction. What I recommend we do is we let the Manager merge the Nuisance Abatement Board powers to that of the Code Enforcement Board, a board that is familiar and understands the code of the City ofMiami and how to use its powers, and that's my -- that's what I'm bringing before this Commission, that we get a directive not as Commissioners, but as a Commission, asking the Manager to merge the powers of the Nuisance Abatement Board, take away a board that probably could be consolidated with the Code Enforcement and we move forward in that direction. Commissioner Gort: Second. Chair Suarez: There's a motion and a second. I just want to say that I wholeheartedly agree with this. You know, any time that we can create efficiencies, and particularly in the board context, and give boards that have core competencies that are very similar, just absorb them together. We did it with Planning and Zoning andl think that has really alleviated, you know, the process. It makes it easier to do things in the City ofMiami, and you have a great board in the P&Z (Planning & Zoning) Board, so it's not like -- there was no dilution in terms of you know, the service the community was receiving and the advice that we were getting -from our boards. So to the extent that we can do this -- and this, obviously, I'm in favor of it. But in any other context, I think it makes all the sense in the world. That's one of the things I was thinking of with reference to the CRB (Community Relations Board). You know, I don't know that -- City ofMiami Page 100 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 D2.2 12-00357 maybe Equal Opportunity and the CRB -- those are two different boards. Maybe those can be merged together and have, you know, similar -- you know, have kind of similar emphasis. Vice Chair Sarnoff. Their goals are the same. Chair Suarez: Right. So, you know, maybe those -- and just so that it makes it easier for there to be participation and it also makes it easier for us. It's harder for us to find more board members for all these boards that we have to find members for. So there's a motion and a second. Any further discussion? All in favor, signift by saying "aye." The Commissioners (Collectively): Aye. DISCUSSION ITEM DISCUSSION ON THE BELLE MEADE FENCE PROJECTAND THE COUNTY'S COOPERATION. 12-00357 Email - Belle Meade Fence Project.pdf DISCUSSED A motion was made by Vice Chair Sarnoff, seconded by Commissioner Gort, and was passed unanimously, determining that the type of gate that is being proposed on the Belle Meade fence is as a matter of City policy and law, not a permanent closure, and that immediate action is taken to proceed with said gate and fence in Belle Meade. Chair Suarez: D2.2. Vice Chair Sarnoff. This is the -- Chair Suarez: Belle Meade. Vice Chair Sarnoff. -- Belle Meade. Okay. So I come to the City Commission -- maybe some of you have a lot more experience on this; I know the Chair does -- on an issue concerning a fence and an issue concerning a fence in Belle Meade, and I thought I'd give you a little bit of the history of what happened. The Belle Meade folks were going to be building a fence of their own on public right-of-way andl learned of this andl thought well, you know what, maybe we should be or could be building that very fence that they want. And if you don't know Belle Meade, it's in the upper 60s, around Biscayne -- Commissioner Gort: Yeah. Vice Chair Sarnoff. -- and they have a hedge right now so they have, theoretically, a permeable structure that's pretty hard to break through, but you could do it as a person, and the fence would imitate what the bushes, if you will, already exist. However, equally, we would also be putting a gate on the sidewalk, but the sidewalk gate would never lock. So here's what happened. On November 8, 2010, I asked the City Attorney's opinion regarding a permanent closure, if it required County approval and whether bond money could be used. By that time we had already learned of some issues with the Coral Gate project, andl just figured why not get the City Attorney involved; instead of doing something that I'd be criticized for later, let me get criticized in the beginning. So the City Attorney issued an opinion on what we call the 'full fence," not the current gate, and she indicated that it could be done subject to the County's approval. On December 30 we received an e-mail (electronic) from George Martinez-Esteve, the Assistant City ofMiami Page 101 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 County Attorney, to Joan Shen, indicating that the County operates under the Manual on Uniform Traffic Control Devices, which I think we colloquially around here call the "green book, " and the standards as a reason for the fence should not be allowed. So in other words, what their concern was is that there be a gate on the sidewalk and you'd have to open the gate in order to gain access and -- ingress and egress, but it would never be locked. It'd simply be a swinging gate. On January 7I had lunch with Commissioner Edmonson, communicated exactly where we were with this. She represented to me that she thought she could support and would support the use of a gate that would not be locked, so we pretty much proceeded along those lines in terms of designing and looking at this. We brought this up once before on the City Commission. We just discussed it, but we didn't take a vote on it. We didn't need to take a vote on it, but I wanted to discuss it and we did some discussion. Since that time, we have been trying to get from the County their indication that they would allow us to do this and why a gate necessarily couldn't be done. So on the May 24 meeting in the Commission on the project, I stated on the record that Commissioner Edmonson supported an unlocked pedestrian gate strategy. And at -- on the April 10, 2012 Belle Meade Homeowners Association meeting -- we all went -- well, my staffers went -- and the County -- a debate was occasioned as to what is a permanent closure, meaning the County's restrictions by the green book. All parties agreed to try to work it out. So here's where we are trying to work it out. On an April 17, 2012 meeting at Government Center with the County -- and in attendance was my staffer, Dan Goldberg; Jose Arango, the Assistant City Attorney; Deborah Herman, County Attorney; Jeovanny Rodriguez, City CIP (Capital Improvements Program); George Martinez-Esteve, a County Attorney; Joan Shen, Public Works for the County; and Antonio Cotarelo, County Public Works. The County conceded that, for the first time, this is not a permanent closure within the meaning of that portion of the County code, so it's not a permanent closure. However, Public Works continued to assert that because the green book is written by the State, they must abide by it and therefore we cannot ask for a variance pursuant to that section of the County code. So the County Public Works agreed to talk to its lawyers after we left. Jeovanny, who is the City's CIP, indicated that the lead on the project for the County, Antonio Cotarelo, who is the County Public Works, they're inclined to grant the request, though his superiors are still somewhat against it. Now, I thought this would be interesting, andl really want your advice 'cause a lot of you guys are better at politics than I am, and that is, you have a community that wants a closure or a closure -looking issue. They've now conceded they cannot lock the gates. They can't preclude it. We even got into how much the gates themselves will be spring loaded. It can't be more than five pounds of push resistance for ADA (Americans with Disabilities Act) compliance. They'll be constructed so a person with a wheelchair could make ingress and egress and -- Chair Suarez: Can I ask you a question? Vice Chair Sarnoff Sure. Chair Suarez: Do you want people to have ingress and egress? Vice Chair Sarnoff I think we have to. I don't think we have -- Chair Suarez: I don't think we do. Vice Chair Sarnoff Okay, then I'm all ears. Chair Suarez: Okay, so you would want to explore the possibility that they do not have to have ingress and egress? Vice Chair Sarnoff I think he'd want restricted ingress and egress. Chair Suarez: Okay. City ofMiami Page 102 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Vice Chair Sarnoff That's true. Chair Suarez: Well, that's different because then you can have a spring loaded gate. Vice Chair Sarnoff Right. Chair Suarez: But if I may, if you want me to -- Vice Chair Sarnoff Absolutely. Chair Suarez: Okay. So, you know, this is very similar to an issue that we have dealt with at -- in Coral Gate. In Coral Gate we -- I'm not exactly sure what transpired that allowed us to do it, but certainly after it was completed, the County made some -- I don't know ifI want to use threats as the right word, but threatened essentially to take it down if we didn't open it up in the pedestrian sidewalks. You know, I, through a variety of different channels, expressed to them my serious, serious disagreement with that. And one of the things that our CIP Department and Ms. Bravo and our City Manager came up with is if you -- they don't think you can close a sidewalk or a street. However, if the street ends before you arrive at the -- where the wall is going to go -- in other words, if you create a space which is replatted and is either green space or is -- or something that's deeded to the adjacent property owners and taken care of by -- then the street -- then you're not closing a street 'cause there's no street there. Vice Chair Sarnoff I see what you're doing. Commissioner Gort: It's private property. Chair Suarez: Yeah. So, you know, there's many ways to skin a cat. I shouldn't say that. That's kind of like cruel, but whatever. There's many ways to do the same thing. Andl really commend CIP. And they, by the way, have already floated this idea and have received favorable, you know, treatment on it from the County departments that would have jurisdiction. But that's what -- that was the best thing that we came up with to solve the problem because at this point, the wall's already there. They're not going to tear it down. They're not going to -- you know, we spend a bunch of money on that wall. I would stand in front of the bulldozer. The whole thing will be a tremendous mess, right. But you know -- so, you know, we've been working on that solution. I think the same thing can be done in that area, my guess, and that way you can have a permanent, if that's what you want, closure. Because I can tell you now that in Coral Gate, the character of the neighborhood changed dramatically after the wall was put up in terms of crime reduction, non -neighborhood traffic, even less non -neighborhood traffic than before when they had just the barricades and not -- so it's made a big difference in the quality of life for the residents of that area. So that's what we came up with. I don't know if that helps or maybe that's something you might want to explore. Vice Chair Sarnoff. Well, you know, I -- that'd be going back to an original thought of putting up a wall -- I'm sorry, putting up a fence and putting up a gate that would not provide access, andl think the community finally conceded and understood that they would have -- they would comply with what was access in terms of people going in and out of the sidewalks. And just so you know, I'd say of a meeting that probably at one time we had about a hundred people there -- You remember that meeting, Albert? -- andl would say 90 percent of the people -- I can only remember 5 people opposing the idea of the fence so -- andl think they got over 400 -- and we have the signatures in our office -- signatures that wanted to have this fence up there. So I -- my thoughts were simply to pass a resolution asking the County to actually do this, andl have a form resolution, but I'm no County expert; I don't know if that gets us any fraction, any -- and I'm asking you guys as Commissioners and what you do. Is that something that moves this issue? Is that something that doesn't move this issue? Is --? City ofMiami Page 103 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Chair Suarez: I'm not sure it does. Who's the County Commissioner in that area? Vice Chair Sarnoff Edmonson. Commissioner Gort: Edmonson. Chair Suarez: I'm not sure that it's going to move this issue. You know, I butt heads with them on a number of different issues, the wall being one of them, and you know, we basically told them that we weren't going to do what they wanted us to do so they better come up with a way that -- to legalize what we've already done and that's what they came up with in conjunction with our departments. So -- Commissioner Spence -Jones: Mr. Chair. Chair Suarez: -- I don't know if you want to talk about that. Can you explain a little bit about like --? Commissioner Spence -Jones: Mr. Chairman, I know that -- Chair Suarez: Yes. Commissioner Spence -Jones: I see Frank. I'm assuming you're the chair or vice chair of Belle Meade? Chair Suarez: Do you want to speak on this? Commissioner Spence -Jones: So I don't know if he want to put something on the record as well. FrankRollason: (UNINTET,TIGIBT,F). Commissioner Spence -Jones: Yeah. Would like for you to just 'cause -- I'm assuming you've been also trying to work with Audrey's office as well, correct? Mr. Rollason: Yes. Commissioner Spence -Jones: Okay. Mr. Rollason: Good afternoon. Frank Rollason. I'm a resident in Belle Meade, 686 Northeast 74th Street, and a member of the homeowners' association board of directors. The first thingl'd like to thank the Commissioner for bringing this up and trying to get some movement on this going somewhere because we've been working on this project longer than it took to build the Marlins Stadium, is when we started on this back -- Chair Suarez: Not surprising. Mr. Rollason: -- in 2010 for a little fence. The other thingl'd like to say is that this is not a homeowners' association project. The homeowners' association in Belle Meade -- and we have roughly 349 homes in Belle Meade; 150 are members. When we started discussing this, we had an open meeting to everybody in the community to come whether they were members or not and we carried the petition to everybody in the community, whether they were members of the association or not. And of those that voted, 92 percent voted for the fence. There were 50 people we couldn't get in contact with. We also had all the people on the island also vote. And so even if you throw in those 50, if they theoretically were "no" votes, you'd be at 75 percent of the people wanting to have the fence. You know, to us it's more simplistic than what you're getting into. To us it's a simple thing. We want the fence. CIP needs direction from somebody to build a City ofMiami Page 104 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 fence. Somebody needs to tell CIP to build a fence and the City needs to defend those actions the same as they defend the wall in Coral Gate. Build a fence and then let them come to tear it down. On the issue of the gate, the project that we passed was with no gate; was a fence all the way across to back a sidewalk. That's what was approved by the community. And those were the directions that we received from the City ofMiami Public Works, that we could do that at that time. Chair Suarez: And let me just say, by the way, that when we did the Coral Gate closures, we brought that to the Commission. It's not like we just did it arbitrarily -- Mr. Rollason: Right. I understand. Chair Suarez: -- or CIP just got up one day and said we're going to permanently close all those streets. We brought it to the Commission. We actually heard testimony from the Fire Chief and from the Police Department, which corroborated the fact that they have not used those entrance and exits for any kind of emergency services, so there was going to be no threat to the residents of that area, and we voted to close it unanimously. Well, it -- later we find out that, you know, maybe some things weren't -- some T's were not crossed and -- Mr. Rollason: I understand. Chair Suarez: -- some I's were not dotted. So you know, we were kind of in a defensive posture from that point forward. But you know, I think -- I got to commend the City staff for kind of thinking outside of the box with the County and finding a potential solution. I don't see why you can't just replicate that in that area and just replat it. Mr. Rollason: Well, the only -- Mr. Chairman, the only concern we have had at the homeowners' level is that if that property is made private property or deeded over to homeowners' association, along with that comes a liability for anything that takes place -- Commissioner Gort: Yeah. Mr. Rollason: -- not just the maintenance. Chair Suarez: Right. Mr. Rollason: So now somebody gets injured -- Chair Suarez: Yeah. Mr. Rollason: -- by the fence, hung up on the fence, trapped by the fence. Whatever happens, the City's going to say, and rightfully so, hey, listen, that's not the public right-of-way. That is the homeowners' association. Chair Suarez: Right. Mr. Rollason: Our position is build the fence in the public right-of-way. We didn't want the gates, but we acquiesced to the gates. Put the gates in that don't have any latches that'll allow access and then let the County do what the County's going to do. I don't think they're going to do anything. Just do it, press forward, and let the chips fall where they may. Chair Suarez: I agree with you that I don't think they're going to do anything, but I think we have to get a permit from the County, and I think that's the problem. Mr. Rollason: No. City issues -- my understanding, the City issues the permit. City ofMiami Page 105 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Chair Suarez: My understanding. Vice Chair Sarnoff No, we don't get a permit. Chair Suarez: We don't need a permit from the County. Commissioner Gort: No. Chair Suarez: Is that what you're saying? Commissioner Spence -Jones: So -- Chair Suarez: So we can issue -- Commissioner Spence -Jones: -- Frank -- Commissioner Gort: Question. Chair Suarez: -- a permit and go. Commissioner Spence -Jones: Mr. Chairman. Chair Suarez: So let's go. Commissioner Gort: I have a question. Vice Chair Sarnoff We -- whoa. Commissioner Spence -Jones: Mr. Chairman, I just want to ask this question, though. So, Frank, in speaking -- I'm assuming you spoke to the County Commissioner already. What was her response to it? Mr. Rollason: We really haven't been in contact with Ms. Edmonson, other than asking her to have representatives from County Public Works at the meeting so that we can try to get the two parties together. We have tried to deal through the Administration on the City side and then Commissioner Sarnoff has gotten involved, as he stated, when he attended the meeting. Originally, this project, we were funding it ourselves out our own pocket and we weren't asking for any money from the City. We pulled the permit as we were directed from Public Works and we would build it and we would maintain it. And then the offer was made from the Commissioner that he would fund it if it met the criteria being legal andADA, et cetera, et cetera, and of course, once the members heard that there was somebody willing to fund it rather than coming out of their pocket, that we're going down that path now so -- Commissioner Gort: You know what, we don't want another assessment. Chair Suarez: So let me just say that there's two options from -- as the way it was explained to me in terms of our closures. One option was to end the street -- they both include ending the street about 20 feet before it originally ended, right? Well, actually, it didn't end. It actually was supposed to flow through. Mr. Rollason: Right. Chair Suarez: But ending the street about 20 feet from the wall, right? And then you can do one of two things: You can either replat it and make that private property to the adjacent property City ofMiami Page 106 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 owners. In other words, they get basically a windfall. So, yeah, they have liability, extra liability, but they get that windfall. Or make it a public space. In other words, it's a public -- you know, like a pocket park or whatever you want to call it, and so you get the benefit of having some public space with the benefit of knowing that you have legalized this action and that's what I think we are -- we had a -- we met with home -- Coral Gate Homeowners Association. They approved that plan and we're going forward with it so -- Mr. Rollason: They approved the private -- making it like a -- Chair Suarez: I forget which one of the two they chose. Mr. Rollason: -- public parking space? Chair Suarez: But they approved stopping the street -- Mr. Rollason: Right. Chair Suarez: -- 20 feet before the wall and either having the two owners -- homeowners adopt, you know, that area or just making it a public area. Mr. Rollason: Well -- I mean -- look, I'd hate to try to make that decision on behalf of a group of people that live at the end -- Chair Suarez: No, I know. I'm not asking you to. Mr. Rollason: -- because there are driveways there that people enter into their homes right there at the end, but there are the barricades there that are essentially maintained by the homeowners' association. We pay for the gardener to cut the trees and that type of stuff but they're already there. Chair Suarez: And you know the example I gave, what you end up doing is creating a cul-de-sac, so you end up creating an area where a car can come, turn around, and go right back out. And there's a lot of neighborhoods that have cul-de-sacs where they just end and -- Mr. Rollason: Well, our particular streets are wide enough right now -- Chair Suarez: Right. Mr. Rollason: -- the cars are able to turn around down there now. It's an old neighborhood. Chair Suarez: Right. Mr. Rollason: And so the streets at that point were made fairly wide. But there are driveway accesses at those end houses that I'm sure -- Chair Suarez: I don't think -- Mr. Rollason: -- those people would want to maintain. Chair Suarez: -- they would be negatively impacted. Yeah, I don't think they -- I mean, obviously, they would have to be -- you know, it would have to be that, you know, it doesn't negatively impact any of the residents. Commissioner Gort. Commissioner Gort: I have a question. How many of those fences have been built within the City ofMiami public right-of-way? City ofMiami Page 107 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Vice Chair Sarnofff. How many fences like this? Commissioner Gort: Yes, on the City's right-of-way. Chair Suarez: Well -- can I -- Commissioner Gort: I mean, there's a precedent. Chair Suarez: -- take a stab at it? Vice Chair Sarnofff. Yeah. I don't know. Chair Suarez: Okay. We did a Coral Gate wall. Vice Chair Sarnofff. Right. Chair Suarez: We did pink wall one which, by the way -- Mr. Rollason: That's different. Vice Chair Sarnofff. But no, that's different though 'cause that was -- it is different. Mr. Rollason: It is different. Vice Chair Sarnofff. It's not the same legal -- I think Coral Gate is legally the same thing as we're talking about. Mr. Rollason: Stallone Gate would have been one. Chair Suarez: I think -- Vice Chair Sarnofff. Would have been. Right, would have been one. Chair Suarez: -- pink wall one is the same because it closed off -- in fact, where the monument is, it closed off an access to US 1. There was another access to US 1 right before 17th Avenue that was a right-hand turn. So it closed off at least two accesses to US 1 that I'm aware of. I'm fairly certain of it. So remember where -- when we -- I was there. I was a candidate at the time when they actually inaugurated the pink wall one. Vice Chair Sarnofff. See, but pink wall one -- I know where you're talking about. I know that was already closed because -- I know that. Chair Suarez: It may have been closed like it was closed for us, but it wasn't -- before it was closed, it was a street that you could turn out of the neighborhood. Vice Chair Sarnofff. Right. And l just don't know the answer to Commissioner Gort's question, which is how many years ago was that closed -- Chair Suarez: Oh, yeah. Vice Chair Sarnofff. -- and what -- Chair Suarez: I know that -- City ofMiami Page 108 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Chair Suarez: -- occurred, I don't know. Chair Suarez: -- in the case of Coral Gate, they closed their streets to traffic, you know, like over ten years ago. Commissioner Gort: Yeah. Chair Suarez: And then they did this kind of next step, but I'm pretty sure that those -- Vice Chair Sarnoff Okay. Chair Suarez: -- were access points to US I and they were closed and then they were permanently closed with the wall. Vice Chair Sarnoff And bear in mind, those would be City streets access to a US 1, which would Chair Suarez: Federal. Vice Chair Sarnoff -- be a federal -- Chair Suarez: Federal. Vice Chair Sarnoff -- slash state-owned highway. Chair Suarez: Right. Vice Chair Sarnoff So now we're dealing with County as big brother, not -- Chair Suarez: Right. Vice Chair Sarnoff -- Tallahassee. Chair Suarez: Right. Mr. Rollason: You know, to me it'd be better to ask for forgiveness than to ask for -- Chair Suarez: Listen -- Mr. Rollason: -- you know -- so -- permission. Chair Suarez: -- I'm a risk taker so -- Mr. Rollason: So that's why I say let's build it and -- we're talking about a gate. What's the worst going to happen? Somebody's going to say take the gate off? Chair Suarez: What say you, Mr. Director? What do you think is a solution, the best way to get, you know, this thing solved? Albert Sosa: Albert Sosa, Director of Capital Improvements. Specifically on this issue, I'll say a couple of things. It's our practice and our position -- and we have a legal opinion to back it up -- that the County does in fact have jurisdiction over these matters within the public right-of-way. That's our -- Chair Suarez: We're trying to change that, though. City ofMiami Page 109 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Mr. Sosa: Hm? Chair Suarez: I'm trying to change that. Mr. Sosa: Correct. But we do, I think, have an agreement on our side that that's our position. And in this specific case, the County has gone ahead and proactively, perspectively, whatever the right term is, has come out and said if you do this, we will react this way. In the case of the Coral Gate wall, there's a subtlety. The Coral Gate wall was built with what was thought to be all the necessary approvals. Subsequent to that, the County came back and said, hey, we're interpreting this section a certain way and we're requesting that you resolve this issue. So we are now working to resolve the issue on the Coral Gate wall. In Belle Meade it's -- I would be hesitant to proceed in -- with the work knowing that the County has already told us don't do it. Chair Suarez: Let me ask you this. Can I stop you there? Is -- can you just replat it and do a cul-de-sac like we did -- like we're planning on doing in Coral Gate? Mr. Sosa: That would be a option to consider. It does need to be -- the homeowners at the ends of those streets have to be very -- Chair Suarez: Of course. Mr. Sosa: -- active -- they have to be -- Chair Suarez: That's with anything. Mr. Sosa: -- active participants in the process -- Chair Suarez: That's with anything. Mr. Sosa: -- because it involves us -- it's a multistep process. The City has to vacate the right-of-way and turn it back to the property owners and then -- Alice Bravo (Assistant City Manager/Chief of Infrastructure): Another option is approaching those property owners. Because of how the street was platted, if it's no longer used as a public right-of-way, it most likely reverts to those property owners. Chair Suarez: Right. Ms. Bravo: So they would have to waive that reverter clause -- Chair Suarez: Right. Ms. Bravo: -- and -- Chair Suarez: Or accept the reverter. They can accept the reverter and accept the property -- Ms. Bravo: Right. Chair Suarez: -- back. So it's not even a conveyance -- Ms. Bravo: But they bear a cost in that process. Chair Suarez: -- or a windfall. It's a reverter. So it just reverts back to them because it's no longer a street. City ofMiami Page 110 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Vice Chair Sarnoff Well, as it stands right now with the barriers that are in existence as we sit here right here and now, is access blocked? Mr. Sosa: It's our position -- and we have the paperwork to back it up, speaking on Belle Meade - - that the street closures that are in place were properly approved, including approvals from Police and Fire Department as required. So I don't see an issue with the road closure. I believe the only question that we have today is regarding the sidewalk. I don't want to call it a closure because it's our position that a swing gate with less than five pounds offorce on it does not constitute a closure andl think we still have that disagreement with the County. Vice Chair Sarnoff So I think the issue's now framed. The issue framed is a swing gate that is spring controlled but less than five pounds offorce a closure. Our Public Works Department takes the position it is not a closure and thereby the green book does not apply. County -- right? - - takes the position, if you have to breathe on it, it's a closure and the green book does apply. Now we set the law of the City ofMiami and we have a choice here. We can continue to work down a process that you've told me a moment ago won't really get you anywhere. Chair Suarez: Which process? Vice Chair Sarnoff Well, this process -- Commissioner Gort: The cul-de-sac. Chair Suarez: The cul-de-sac? Vice Chair Sarnoff Let me say it. The process of some more meetings with the County and some Chair Suarez: Oh, yeah, I don't think that -- Vice Chair Sarnoff Right. Chair Suarez: I'm not so sure that that's going to -- Vice Chair Sarnoff And happen to agree with you. Chair Suarez: Yeah. Vice Chair Sarnoff But I wanted to hear it out of your mouth 'cause you're good at a lot of governments. Chair Suarez: I've tried. I've been working -- Vice Chair Sarnoff Right. Chair Suarez: -- to try to get some of these things resolved. Vice Chair Sarnoff You've -- I don't need to remake something you've already made. So the question then becomes is this Commission is entitled to set the law on what a closure is and we can decide this is not a closure and proceed forward. Chair Suarez: I'm okay with that. I'm just -- I'm perfectly fine with that. I think -- I -- you know, I'm very -- I'm about as drastic as you can get on this issue, so I am willing to support you even if you do want to close it permanently. And I'm telling you that there's I think a way to do it legally City ofMiami Page 111 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 without creating any problems for the City. Vice Chair Sarnoff. Well -- Chair Suarez: But I'm willing -- Vice Chair Sarnoff. And I don't -- Chair Suarez: -- to go as far as you want me to go on this. Vice Chair Sarnoff. And I'm taking the -- and I'll propose something, but I'm taking this position and -- understand, knowing what's happened to Coral Gate and knowing where we are now, I didn't want to take any unilateral action as a Commissioner other than to bring something to the Commission, to the organic body, so that the organic body could be in support of this versus just a Commissioner, so that one finger of a five finger hand is really not a hand, but when you close all five fingers, it's a fist. So all I'm saying to you is I'm not asking to go to the outer limit 'cause the worst thing that happens is it's December 15 and the County marches over with 20 police cars and they decide to take down the gate and City ofMiami has a choice to make, which is let them take down the gate and we have wasted or lost or dissipated X'dollars of City resource or we then go to court and we can all duke it out as to whether this is a hard closure. There's a lot of things we could do and don't know that it's the ask forgiveness scenario, butt think we're entitled to determine as a Commission what is a closure. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, Commissioner. Commissioner Carollo: IfI may? Chair Suarez: Yeah, of course. Commissioner Carollo: I don't know what the relationship is or not, and it appears like you reached out to the County but -- I mean, I know ifI was in that situation, I'd be meeting with the County Commissioner and we've been discussing it and see all the different scenarios. As a matter of fact -- and it's not just that I'm talking. I mean, we've done it on very touchy issues that had gotten a lot of press and, you know -- and it doesn't have to be -- even be face to face; you know, on the phone, you know, every night, you know, and that's how I would approach it. Vice Chair Sarnoff. And the reason I'm here is I think I've gone as far as I could go with the County Commissioner without revealing anything other than what was an okay has become a I'm not going to get involved. Chair Suarez: Okay. Commissioner Carollo: That's her. I understand. Chair Suarez: Yeah. So what do you want us to do, Mr. Vice Chair? Vice Chair Sarnoff. So I'm going to make a -- I'm going to suggest a motion that would determine that the type of clo -- the type of gate that is being proposed on the Belle Meade fence is, as a matter of City policy and law, not a closure, permanent closure and that this Commission take action directed towards that, and that we equally resolve to move forward with the Coral -- I'm sorry -- to move forward with the Belle Meade fence as proposed. Chair Suarez: There's a motion by Vice Chairman Sarnoff. Is there a second? City ofMiami Page 112 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 D2.3 12-00429 Commissioner Gort: Second. Commissioner Carollo: Second for discussion. Chair Suarez: Second by Commissioner Gort. Commissioner Carollo, you're recognized. Commissioner Carollo: Yeah. The only thing, Vice Chairman Sarnoff, I would like a legal opinion also. I would like our City Attorney to also chime in and see what's her legal opinion. Julie O. Bru (City Attorney): Commissioner, I think that Commissioner Sarnoff has articulated it very well. There is a -- it's clear and what -- we're all in agreement that the County has jurisdiction if there's going to be a permanent closure of a street or a road. That's undisputed. The dispute here is really not a legal one. It's an interpretation and it's more of a technical interpretation of guidelines and construction, design, and for that question, I'd defer to your engineers, which you have plenty of at City Hall these days, and if they believe that it's not a permanent closure -- andl think that if they believe that strongly and they want to go ahead and undertake the project based on their professional judgment that this is not a permanent closure, I don't think that it would be reckless for this Commission to employ resources and expend public funds to realize this goal of security in this neighborhood. Commissioner Gort: And we have as many engineers as lawyers? Mr. Sosa: I was going to ask the same question. Vice Chair Sarnofff. And Madam City Attorney, I want you to know it took us about 30 years to fix the wound that we created between ourselves and the public -- certified public accountants, andl want to thank you for opening up the wound now between the engineers and architects society -- Chair Suarez: Lawyers. Vice Chair Sarnofff. -- because it should take us another 30 years to fix that wound. Commissioner Carollo: And I guess all the engineers has P.E. (Professional Engineer) after their names. Yeah? So I guess I should have CPA (Certified Public Accountant) here and you should have Esq. (Esquire) and you should have Esq. after our [sic] names. Chair Suarez: Okay. Commissioner Spence -Jones: So that means we're moving ahead? Commissioner Gort: Yes. Chair Suarez: So -- Commissioner Spence -Jones: Bottom line. Chair Suarez: -- there's a -- well, there's a motion and a second. All in favor, signift, by saying aye." The Commission (Collectively): Aye. DISCUSSION ITEM City ofMiami Page 113 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 STATUS OF HIRING POLICE OFFICERS. 12-00429 Email - Status of Hiring Police Officers.pdf DISCUSSED Chair Suarez: I think you -- Commissioner, I was informed that you wanted to wait until the afternoon to do D2.2, so do you want to go to D2.3? Vice Chair Sarnoff. D2.3, as you know, you asked me to meet with the Chief and HR (Human Resources) Department. I haven't had that opportunity, but I would like to know where do we stand on how many police officers we're down. Instead of not addressing it, where are we today? Did we lose any more officers? Commissioner Carollo: And just to ducktail [sic] on that, also dispatchers. Manuel Orosa: Good morning. Manny Orosa, Chief of Police. We're still at 84. This year we only show two more on the DROP (Deferred Retirement Option Plan) that have to leave, so we expect those two more sometime in June. And then for next year, towards the end of next year, we have about another eight or nine. So if we can start hiring quickly, we can make up a lot of ground soon because we don't contemplate anymore bodies leaving in large amounts. Vice Chair Sarnoff. But in 2014 or '15, isn't there about 250 officers in the DROP? Chief Orosa: Yeah. It's the amount, but they don't have to leave in that year. It's the total amount of individuals we have. Vice Chair Sarnoff But don't you -- I don't know how you do it, so I'm going to -- maybe I shouldn't suggest. If you know you have 250 officers that potentially could leave in -- I'm going to -- just going to use 2015 and I'll put it out to the furthest date -- don't you look to recruit at least 250 people? Chief Orosa: Not only recruit and hire. Vice Chair Sarnoff Right. Chief Orosa: As soon as people -- the openings are occurring, we should have a list and pick from that list to have people get hired and put in their places. Vice Chair Sarnoff And again, I'm going to reiterate something just from my concern and I'm sure it's a concern of every other Commissioner and equally or more than mine. And that is, if we've shown an inability to hire 84 people, what happens when we have the inability to hire 250 people? If we don't start getting the train on the track, the train is never going to leave the station, and suddenly, you're going to see the Chief of Police being a dispatcher and the Assistant Chief of Police somewhere down in the downtown area directing traffic because you're not going to -- you're going to run out of -- you're just going to run out of police officers. While I know, Chief you are putting people on the street, it means the back of the house is not up to full function. And the back of the house is your detectives, your problem -solving teams, your other -- the other police issues that the average citizen doesn't see a man in blue is not at full capacity. I realize that you're not going to let patrol go below 404. Chief Orosa: No. And actually, out of the people that have left recently, most of them came from investigations, outside of patrol. So I have not had to shift people back into patrol and that helps out. But moving forward, I expect two more people to leave, and then I expect a few more next year. So from now to next year, we have the ability and the possibility to make up a lot of ground City ofMiami Page 114 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 and come up to be even in anticipation for the next large amount of people that -- Commissioner Gort: Commissioner. Chief Orosa: -- leave and then we can rehire. Commissioner Gort: May I? Chair Suarez: Yes. Commissioner Gort: Chief I think what we're trying to tell you is you're having problem recruiting. Try to identify what the problem is and let's see if we can remove that problem. Chief Orosa: Absolutely. Commissioner Gort: It's food for thought. Chief Orosa: Sir. Commissioner Gort: You got a problem in recruiting people. What the problem is, and if we can make some changes here to expedite it, make it better, let us know. Chief Orosa: Okay. Commissioner Gort: Thank you. Commissioner Spence -Jones: Mr. Chairman. Chair Suarez: Yes. Commissioner Spence -Jones: So, Chief do you know what the problem is? You look like you do. You just don't want to say. Chief Orosa: Well, we -- Commissioner Spence -Jones: I thought we've already recruited. I thought we had a lot of people recruited already. Chief Orosa: We in the police department are doing everything possible to hire people as fast as possible. I even added more people in background so that we can do the investigations in a more rapid pace. The -- from the time we got the list in March to now -- Commissioner Spence -Jones: Yes. Chief Orosa: -- we've gone through almost 200 names and we are almost ready to hire about 30 that are missing one little thing here, one little thing there. So we're doing as fast as possible. Other than that -- Commissioner Spence -Jones: So what's the challenge? Can you tell me what the challenge is? Commissioner Gort: Getting the list, more list. Chief Orosa: Excuse me? Commissioner Gort: Getting the list sooner and more list. City ofMiami Page 115 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Chief Orosa: Exactly. Commissioner Gort: Okay. Commissioner Spence -Jones: With getting the list? Chief Orosa: Um -hum. Commissioner Spence -Jones: Okay, and where do you get the list from? Chief Orosa: And sooner. Chair Suarez: But I think the challenge is the federal requirements that are imposed on your department in terms of hiring, if I'm mistaken -- or not mistaken. Commissioner Spence -Jones: I mean, I think we need to just put it all out there then. Johnny Martinez (City Manager): We're going to be producing a white paper -- Commissioner Spence -Jones: Yeah. Mr. Martinez: -- you know, for the loth. He wasn't really prepared to go into a lot of -- Commissioner Spence -Jones: Yeah. Mr. Martinez: -- detail today. Commissioner Spence -Jones: We did talk about this last week, right? Mr. Martinez: Yeah, and we were -- the Administration is going to produce a white paper -- Commissioner Spence -Jones: Right. Mr. Martinez: -- on where -- Commissioner Spence -Jones: So -- Mr. Martinez: -- we are and where we're going and what -- Commissioner Spence -Jones: Okay. Mr. Martinez: -- the obstacles are on the May 10 meeting. Commissioner Spence -Jones: Okay. Andl think that was on your -- Mr. Martinez: May 26 meeting. Commissioner Spence -Jones: -- blue page last time, right, Commissioner Sarnoff? Vice Chair Sarnoff. Yeah. The only reason I keep -- the only thing was going to discuss today was where are we on -- are we still at 84? Are we at 85? Are we at 90? Are we at 92? That's -- and candidly, as a result of my travels, I need to meet with the Chief then I need to meet with HR, the Chief and Diana Vizcaino -- City ofMiami Page 116 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Chief Orosa: Yes. Vice Chair Sarnoff -- andl haven't done that yet. Andl will do that in the next week. Commissioner Spence -Jones: So by the time it comes to the City Commission next time, we should have a full briefing. Vice Chair Sarnoff It may not be the next time. It may be the time after, based on my travel schedule, not the Chief and not the Administration. Commissioner Spence -Jones: Okay, no problem. Vice Chair Sarnoff My fault. Commissioner Spence -Jones: All right. So you guys still on target, right? Mr. Martinez: Yeah. Commissioner Spence -Jones: Okay, great. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, Commissioner. Commissioner Carollo: I also want to ask with regards to the dispatchers. That's also a very important duty and, you know, we've spoken about where we are with the dispatchers as far as vacancies and potentially others leaving. And we don't want to just burn out the few dispatchers that we have now andl think that's ultimately important. Those are the ones that bring the information to the road officer and lets them know exactly what's going on ahead of time. Chief Orosa: We're still in the process of hiring. We've hired some. We have seven -- we had -- as of last Commission meeting, we had seven vacancies that need to be hired. We just lost one -- an individual left to go work in the County -- and now we have eight. Commissioner Carollo: Andl would imagine that they're starting to get paid a lot of overtime and -- right, because of the need, but at the same time, we're burning those people out. Chief Orosa: Yes, sir. We've rearranged some schedules to try to minimize the overtime, but we are spending overtime there. Commissioner Carollo: Right. And the issue is not only, you know, from efficiency, spending overtime, but at the same time, we're burning them out, you know, which is a concern. And at the same time, these are -- again, these are the ones that are taking the phone calls from frantic, you know, residents; that, you know, they're dealing with an emergency that they may have never dealt with and this dispatcher has to calm them down, obtain the information and then relate that information to the police officer, so it's a very important job. Chief Orosa: Yes, sir. Commissioner Carollo: Thank you. Chair Suarez: Thank you. Commissioner Carollo: And I'm sorry, when you come up with the report or the presentation, add dispatchers to that. City ofMiami Page 117 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Chief Orosa: Yes. Commissioner Carollo: Thank you. Chief Orosa: We will -- the -- our main -- our three main areas are police officers, dispatchers, and call takers. Commissioner Carollo: Right. Chief Orosa: We will add those three to the paper. Commissioner Carollo: Thank you. Chair Suarez: Thank you, Chief. We're going to do one more item before we break for lunch. Commissioner Spence -Jones: I just want to say this about Chief. I do want to acknowledge your team. I don't know if the other Commissioners feel the same way, but the chief and his team have been extremely, extremely responsive when it comes to issues that are happening in District 5 andl wanted to at least let them know I truly appreciate it, especially since I know that you guys are dealing with, you know, not having the number of officers or being staffed up like you need to be. But you're automatically -- if there's something that there's needed or a question that needs to be answered, you're really, really responsive and l just want to acknowledge you guys publicly. Chair Suarez: I second that. Commissioner Spence -Jones: We have an issue -- Chair Suarez: I second that sentiment. Commissioner Spence -Jones: -- Commissioner Sarnoff -- I was thinking about the canary for a minute -- regarding the Belle Meade. I think you might have had staff members that attended that meeting and my staff attended it and there was an issue that took place with the break-ins. Vice Chair Sarnoff. Right. Commissioner Spence -Jones: James Quinlan (phonetic), I think he -- that has property in yours and property and mine. And I don't know if you've been seeing those e-mail trails, but that happened on Monday. And immediately, I sent an e-mail and Chief and his whole team was meeting on Wednesday to figure out how we address it and came up with solutions to address it. So I just wanted to acknowledge -- I really appreciate you stepping up to the plate when needed. Commissioner Gort: Chairman Suarez second the motion; I third the motion. Chair Suarez: Okay. Vice Chair Sarnoff. And Chief just to show I'm not a rubberstamp, doing a great job everywhere, with the exception of Belle Meade. Commissioner Spence -Jones: Really? Vice Chair Sarnoff. I need work out there, Chief. We've been -- the canary has been singing for the better part of 60 days. City ofMiami Page 118 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Chief Orosa: You know, Commissioner, this is the first time you bring this up and it catches me by surprise. I have personal friends that live in Belle Meade andl know that my wife at least speaks to them at least once every two or three weeks and they wouldn't -- they haven't brought it to her attention. Because if they did, I would be there faster. But now that you brought it, I will be there secondly faster. Vice Chair Sarnoff. And -- Commissioner Gort: Make it first faster. Vice Chair Sarnoff. -- I don't -- I'm not just surprising you now because I've written to you on this. I hope you're getting my e-mails. It's not -- it's an issue that's starting -- that had emerged -- it moved from Morningside to Belle Meade. Morningside was around Christmastime; Belle Meade's been for the past two months. I mean, and candidly, Commissioners learn things predominantly through e-mail, a couple phone calls, and you're right; they may not be accurate, but it's what we learn. And I've also learned that not every e-mail is, obviously, accurate. But on the other hand, when it's not one or two and it's fifteen, twenty and thirty, and then there's an e-mail chain and they have Google lists -- andl hate to say this. It's such a poor expression, but it is kind of true for you. Perception is reality. Chief Orosa: No. And Commissioner, I agree with you. If somebody takes the time to write an e-mail, that person has an issue and we need to take care of that issue. We can't just say forget about it because it's just one. Vice Chair Sarnoff. And the Belle Meade fence issue, which is going to come up later on, probably late this afternoon, you're going to hear the issue emerge because the e-mails we've gotten, it's not this many. It's this many. Chair Suarez: And by the way, ifI can -- I have to jump in on that -- Vice Chair Sarnoff. Go ahead. Chair Suarez: -- because the Belle Meade fence -- Vice Chair Sarnoff. I'm bringing it up because I don't know how to handle it. Chair Suarez: I don't want to get into the whole Belle Meade fence issue right now because it's your item and you want to talk about it later. But I can tell you that in Coral Gate, the wall project has -- had a significant -- Commissioner Spence -Jones: Decrease. Chair Suarez: -- decrease in crime impact in that neighborhood. Because for the very simple reason that what a criminal could do was camp out right outside of the neighborhood, you know, walk in, you know, do whatever they had to do and then get back to their car and there was no way to follow even that person out of the neighborhood because there was barricades that were not closed off. So it's been a huge -- we were at the homeowners association meeting last night. They had a board of directors meeting. I mean, they were, you know, praising -- singing all of our praises about it so -- Vice Chair Sarnoff. One way in and one way out -- Chair Suarez: You have my support. Vice Chair Sarnoff. -- is a great way of monitoring exactly where all the property goes. Any City ofMiami Page 119 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 island community has a significantly lower crime rate than a all -access -point community. Chair Suarez: And let me tell you, any time that we can engineer a solution rather than, you know, creating the need for more manpower, that's always a more cost-efficient -- even if there is an upfront capital cost, it's a more cost-efficient, long-term solution. And that's why I'm such a big proponent of the traffic control devices and stuff because you're engineering a solution, rather than putting a police officer there with a radar gun all day long. Vice Chair Sarnofff. And just so you know, the reason I'm bringing Belle Meade up, I believe it's being politicized, andl think you all are probably better politicians than me, andl'm going to get your advice on it, candidly, because it's being politicized. And I'm going to tell you where we started, where we are, how we ended up, andl'm going to ask for your solutions. Because -- by the way, you don't see me doing this a lot, but I'm pretty frustrated andl don't know what the next move is. Chair Suarez: Thank you. I don't see you frustrated that often so -- Commissioner Spence -Jones: So, Chief I guess you heard everybody's pretty pleased with your level of response to all of us. Chief Orosa: Somewhat. Chair Suarez: With the exception of Belle Meade, yes. Chief Orosa: Exactly. Commissioner Spence -Jones: But I understand that based upon our meeting, even though that's in your district, Commissioner Sarnoff, you are meeting with the Belle -- from the conversation we had this week, you're going to meet with the Belle Meade -- Chief Orosa: I'm going to meet with both sides. Commissioner Spence -Jones: Right, okay. So I appreciate you following up on that. Vice Chair Sarnofff. And by saying that, by the way, guys, I don't have a single issue with this chief not one. Commissioner Spence -Jones: Okay. Vice Chair Sarnofff. But I just want to bring out -- you know, I'm sort of the -- Chief Orosa: I know. Vice Chair Sarnofff. -- yin and the yan [sic] -- I'm the yan [sic] of the Commission. There's a lot yin. I just want to point out that there is an issue. I don't think it's been resolved. Whether it's true or not, I don't know. Perception is out there that there's a problem. Commissioner Spence -Jones: Yeah, andl think that there is solutions. So based upon the meeting we just had this week, you're meeting with the association this upcoming week or whenever, right? It's coming up. Chief Orosa: The next one, right. Commissioner Spence -Jones: Right. So at least the one thing that they wanted to have happen is to have the chief come out. That's happening now. So he's going to address and has some City ofMiami Page 120 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 D4.1 12-00374 possible solutions to address their issues. Chair Suarez: Great. END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 CHAIRMAN FRANCIS SUAREZ DISCUSSION ITEM DISCUSSION REGARDING CHARTER AMENDMENT TO ADOPT STRONG MAYOR FORM OF GOVERNMENT. 12-00374 Email - Charter Amendment Strong Mayor.pdf DISCUSSED Direction by Commissioner Spence -Jones to the Administration and City Attorney to provide an analysis of the pros and cons related to a strong mayor form of government; further directing the City Clerk to research any past Commission discussions related to the strong mayor form of government and provide that information to the Mayor, Commission, City Attorney and Administration. Chair Suarez: Okay, DI.3, which is the Charter amendment related to the City ofMiami election year. Commissioner Spence -Jones: Actually, I know that's probably one of (UNINTELLIGIBLE). Chair Suarez: I'm sorry? Commissioner Spence -Jones: Can we table that and go to yours first? Chair Suarez: You want to do --? Okay, sure. Commissioner Spence -Jones: Yeah, let's go to yours first. Chair Suarez: Okay, D4.1, which is the Charter amendment on the strong Mayor form of government. First of all, I want to thank my colleagues for the sunshine meeting that they attended with me not too long ago to discuss this idea. I thought that it was a very constructive debate. I thought that -- you know, I listened to the various -- to the input that was given by the Commissioners who opined on it, andl did make some changes to the reform that I'm pushing or sponsoring or whatever. I provided all the Commissioners with a detailed copy of the proposal. It's -- I provided it, you know, with our regular agenda package so that it would be within the five-day rule and, you know, to respect, you know, your need to review that, as well as other items. I know it's a very lengthy document because it's our entire Charter and it involves several provisions in our Charter, so I would not be offended in any way, shape or form if we didn't vote City ofMiami Page 121 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 on it today. I would -- if you all are prepared to vote on it, I would love to vote on it today, but if for some reason you're not, I mean, I would not -- you know, there's no real time rush. Commissioner Carollo: It's a discussion item. Chair Suarez: Yeah. And there's no real time rush, you know. If we were going to put it on the August ballot, we would have to decide before May 25. We still have two Commission meetings before that. If we wanted to put it on the November ballot, I don't know what the deadline is. Commissioner Carollo: July -- Chair Suarez: July what? Priscilla A. Thompson (City Clerk): July 24. Chair Suarez: Okay, so there's another couple -- two or three Commission meetings beyond that so -- You know, I think with things of this magnitude, you know, you don't necessarily want to be rushed and don't think anyone wants to feel rushed. And -- and again, I -- I've been working on this for, you know -- and I've talked about it on a variety of different occasions, discussion -- in various discussion items, when things have happened that I felt, you know, compelled me to decide that this form of government that we're currently in is not really functioning very well, and so I had, you know, been kind of prefacing this moment. But let me -- since I haven't -- now that you have the actual reform in front of you and since I didn't get a chance to discuss it with Commissioner Spence -Jones who couldn't make it that day; was I think ill, I'd like to talk about some of the highlights at least of the reform and, of course, if you have any additional questions or input. Commissioner Spence -Jones: Can you just give me two seconds? Chair Suarez: Sure. Commissioner Spence -Jones: I want to get -- Chair Suarez: Of course. I would say do something else but there's nothing else on the agenda. Vice Chair Sarnoff. I know, right. There's this, then there's the election, right? Chair Suarez: Yeah. We have to kill an hour and twenty-two minutes. Vice Chair Sarnoff. I've seen us kill that before in discussions. Chair Suarez: Oh, yeah. I think we can handle -- we're more than capable, right? Vice Chair Sarnoff. I think we could do it. Commissioner Spence -Jones: He's bringing it, so I just want to -- Chair Suarez: Okay. Commissioner Spence -Jones: You want to just go 'head and start talking and -- Chair Suarez: Sure, yeah. No problem. So basically there's three major components of a system of government change. The first and probably most significant is that the Mayor, who right now has a very limited amount of powers and authority, would assume the power and authority of the City Manager. This doesn't necessarily mean that Mr. Martinez, who we all know and love, City ofMiami Page 122 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 would be in any way, shape or form affected. In fact, I would argue that his life would be made a lot easier because instead of having four -- to keep at least happy four bosses, he's -- you know, he only has to keep happy one boss. But it is important that whoever is controlling the authority and the power in our City government, whether it be a Commissioner or Mayor, be someone who's accountable to the people, andl think, you know, that's one of the reasons why this is something that is very appealing to voters because they can see clearly who bears what responsibility in our government, and if someone's not doing a good job, then they can be taken out of office by election or by recall. The second part of the reform is that it gives back to the Commission the power to name its own Chairman and Vice Chairman. Right now the Chairman and Vice Chairman is named by the Mayor. Technically, the Mayor is the Chairman of the City Commission, the presiding officer, subject to his delegation and subject to his change at any moment, a power that's been rarely, if ever, invoked since this government was enacted in 1997. So this would strengthen the Commission in some ways by allowing us to make our own determination of who is best to lead this body without any interference from the Mayor, not that the Mayor has interfered in any way, shape or form with my duties as Chairman, but there is a question as to the independence between the legislative body and the executive. And the third aspect, and there are -- there's not just three. These are the three main ones and they're -- and I'll try to talk about some of the sub -ones 'cause I think they're important too. The third one is to provide for a -- clearly provide for a recall provision of the Mayor. If we're going to give the Mayor this kind of power and responsibility, then -- and we're doing it on the basis of accountability, then we really need to make the Mayor accountable to the people. What we've seen at the County level is, you know, a Mayor who took actions that were deemed by the public to be inconsistent with what the public wanted. They engaged in a recall -- two actual recall attempts of the County Mayor, one that fell slightly short, which, I would argue, would have succeeded had they had double the time like they do currently, and that was not funded by a millionaire or a billionaire or anything. It was funded by a gentleman named Lazaro Gonzalez, who was probably doing it out of his own house and for a modest amount of money. So, you know, right now we currently don't have a recall provision for our Mayor, as declared by our City Attorney, and this would clearly establish a recall provision. The other two notable changes are the elimination of Section 26. Section 26, as you all may remember, was the painful section that we had to enact, I believe, for the first or second time in the history of the City ofMiami to uphold the suspension of a police chief. And we have seen under our form of government, out of the four mayors that have been in our form of government since 1997, three out of the four of them have had very, very public battles with their police chief on the basis of a variety of issues and, you know, some dealing with differences in philosophy, et cetera. I can tell you what they were specifically. My father, who was Mayor in 1997, had a very public dispute with Police Chief Warshaw, who was later indicted and arrested andl think served some time in jail, and he was later fired by Commissioner Carollo's brother, then Mayor Joe Carollo, who had another public dispute with the police chief who did not disclose to the Mayor that they were going to raid -- they were going to join in a raid on Elian's house, and so that was another example of a situation where this system has broken down. And of course we all were here, including Commissioner Spence -Jones, throughout that very arduous year that we had -- where we had a very public dispute between our Mayor and our Police Chief and, you know, we had in -- mostly in your community, Commissioner, we had, you know, the tragic events that transpired, andl remember very, very clearly people coming to see me on that -- those issues. Andl remember telling them look, you know, I -- the Commissioners don't have any authority over this situation. You got to talk to the Manager or the Mayor. So they go talk to the Mayor and they would say, Mr. Mayor, you know, we need you to do something about this. And the Mayor would say, look, I have no authority over the situation. And then you go to the City Manager and the City Manager says, well, I really don't have the authority. I can only suspend. It has to be for cause. It has to be cause that was, you know, enunciated in the Charter, which, by the way, is a provision that's been in there for almost 100 years, and then it comes to the Commission, which is a political body, to make a determination as to whether that cause is sufficient or not to sustain the cause. You know, we saw how painful it was to have to, you know, ultimately be the deciding body on a very split decision to terminate someone who, by all accounts, was a good City ofMiami Page 123 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 employee of the City ofMiami for many, many years, many decades, and obviously there was a major difference in philosophy between the Mayor and that person. This also eliminates -- and this is kind of a clean-up provision. This is a little bit as a result of some of the concerns that Commissioner Carollo expressed in the sunshine meeting. It eliminates the majority of 4(d), and 4(d) is a part of the Charter that we should all be very wary of and it's the part that says that we, as Commissioners and the Mayor, do not have the right to direct City staff to do anything. The reason why I think it's important to eliminate it, it's very clear in this Charter change that the Mayor hires and fires all employees. So this notion that us potentially directing someone or a question that we may ask may be seen as a direction, a suggestion may be seen as a direction, that is actually grounds for removal of office in the Charter, and so I think we have kind of tiptoed around that issue. I know I have, and the City Attorney has guided us, you know, around that issue. And l just think that it doesn't make sense to have in our Charter because we already know who's responsible for the hiring and firing. So if we direct someone and that is an inconsistent order from the Mayor, for example, then the person is subject to the Administration, just like he would be subject to the Manager. So, you know, we can direct whoever we want; doesn't mean it's going to happen. Just like we could, in theory, if this provision were not there, direct any employees right now under the Manager form of government to do anything, it doesn't mean it would happen because the Manager would be the ultimate authority and is the ultimate authority under this system of government. Just to give you a little bit of perspective, of the top 25 most populous cities in the United States, 75 percent of them have a strong Mayor so, you know, I think the City ofMiami has evolved and has grown and matured as a city. It began with the weak Mayor form of government, as did the County. It kind of graduated, if you will, to the executive Mayor form of government, which is a hybrid between the strong Mayor and the weak Mayor form of government. And like the County, it is, I think, now time, given where the City stands and where the City needs to go in the future -- 'cause I believe in the City -- I think it's time that the City take that next step and become a real big city and act like a big city and have a government that is big city -oriented. I said in the sunshine meeting andl gave -- cited a bunch of examples of major cities, like New York and Philadelphia and our County and Hialeah, which have the strong Mayor form of government. You know, the other thing that really prompted me to do this and to propose this was when we ratified Manager Martinez, I remember literally feeling sorry for him as he was accepting the position. Andl remember telling his wife, you know, that will be praying for him in that office because if the history of this system from 1997 is any indication, he's not going to be around for very long, okay. There's been 11 City Managers in 15 years. No, no, no. No, I'm just saying if the history's any indication. There's been 11 City Managers in 15 years, okay, 11 City Managers in 15 years. If you count Managers that were -- fired multiple times, there's 13 City Managers in the last 15 years. So, you know, you have a system of government that has had turnover at the highest levels at an unsustainable dysfunctional rate. If you were the owner of the Miami Dolphins and I told you I want you to win multiple championships but I'm going to change your coach every year for the next 15 years, it would be impossible. You can't create a culture. There's no consistency. There's no institutional knowledge, you know, and the employees don't think they necessarily have to respect the authority because that guy's not going to be here too long if you look at the numbers. You know, at the end -- and I'll summarize it and you know, I'll be available for any questions, you know, at the end. All we're doing here and all I'm asking my colleagues and my friends is to give the residents of the City ofMiami the opportunity to vote on this measure. This is not a unilateral decision by us. It is simply an opportunity for the residents of this City to determine their own destiny and what future form of government they want to engage in. By putting it on the August or November ballot, it would cost the taxpayers nothing for us to give them this option. I'm trying to think if there's anything else thatl missed. Yes, one more thing. In the County reform, it took effect immediately. When the Mayor -- County Mayor got that system of government passed, it took effect immediately. Under my proposal, it won't take effect until the next mayoral election. And the reason for that is it's a different job than the current job, and so I feel that the residents of the City ofMiami should have the right to choose a person that they feel has the skills to do that job, which is a different job, different skills. So -- I mean, I think that's it in a nutshell. I, you know, again will be available for any questions, concerns, comments. I open it City ofMiami Page 124 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 up. Vice Chair Sarnoff. Mr. Chair. Ms. Thompson: Excuse me, Chair. Chair Suarez: Oh, let me just say one more thing before we do that. I just want to -- I want to talk about the people who support this. I've spoken to all the former mayors of the City ofMiami in a long or short conversation, every single one of them, and they have all indicated to me that they're supportive of this measure. I've spoken to community leaders, such as Norman Braman who has shown and demonstrated his support for this. I have just received from -- about a week ago from Miami Neighborhoods United a unanimous resolution that this be put on the ballot, and there's a representative here who can confirm that. I have met with the executive director of PULSE (People United to Lead the Struggle for Equality) and he gave me a very favorable conversation, indication. I have not received anything formal from the organization, but I will be following up with him to get one. I have met with the executive director of the LBA and he is in the process of enacting a resolution in support of this measure. So I feel that, you know, it has broad -based community support. Every time I've pulled it or every -- any time any issue like this has been on the ballot, it has gained overwhelming support. When the County went to the strong Mayor, it won overwhelmingly. The polls that I've done and seen have indicated over 60 percent support for this measure. So with that said, I'll let the Mayor or if any of the Commissioners who want to -- we're going to be voting on it, so I don't know if you want to -- Ms. Thompson: I'm sorry, Chair. Chair Suarez: Yes. Ms. Thompson: Just before you start, may I just make one correction for you? Chair Suarez: Yes, ma'am. Ms. Thompson: To piggyback on the County's election with a Charter amendment is approximately $98, 000. Chair Suarez: Ninety-eight, okay. Ms. Thompson: Yes. Chair Suarez: I stand corrected. Ms. Thompson: Thank you. Chair Suarez: My apologies. Mayor Tomas Regalado: Thank you, Mr. Chairman. And, you know, I wanted to commend you because this is a conversation that we need to have and in many aspects. First of all, I'd like to memorialize what happened in '97, and the only ones here were Willy Gort and myself, and we had an election to change the system of government at that time, and the campaign was done for a strong Mayor form of government and because the translation executive to -- Chair Suarez: Didn't really work. Mayor Regalado: -- (UNINTET,TIGIBT,F) strong, so that's something that happened in the past and it happened during times that -- where the City went through a difficult time in terms of -- you know, we had an election to abolish the City ofMiami and we went through that. What City ofMiami Page 125 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 wanted to say is first, you're right, the people ofMiami deserve to have the right to recall the Mayor and they cannot do it. You know, we still have a court case that don't know if it's still alive. So that's one of the things that we really need to know because Commissioners are -- Chair Suarez: Subject to recall. Mayor Regalado: -- can be subject to recall. Chair Suarez: Yeah. Mayor Regalado: So why not the Mayor? Somebody forgot to put it in the Charter when the change of government happened I think back in '97, which is a very sad oversight, but since then there's no possibility of recalling the Mayor, and think that the Mayor has to be accountable. Whether executive or strong or weak, it has to be accountable to the people ofMiami, so that's something that needs to be there. Number two, you know, I think that you're right, that one of the issues has to be modifi, because what we went through here in September of last year, it didn't do well for the City ofMiami in terms of image and, you know -- and the City Manager has to be commended because, against all odds, he did what he thought it was the right thing to do and for that, he pay dearly in terms of criticism and all that, but that's something that we need to do. You know, the strong form of government Mayor is something that -- as you said, it's being done in the County. It doesn't mean that a Mayor, any Mayor can have or should have, shall have a person that works with him or with her to run the City 'cause the Mayor has many other instances. And, you know, we recently have gone to County hall, the Manager andl and other people, to meet with Mayor Gimenez, and he has his deputy Mayor that are the one that are, you know, directing traffic in the conversation, so that's one of the things. So I just want to say that, you know, out of this conversation, we should have some product in terms of Charter reforms to the voters and the voters deserve that. And you know, we are going to see many, many items of Charter reform of the County in the November ballot and maybe in August too. Chair Suarez: August. Mayor Regalado: We do have the advantage that we have term limits in the City ofMiami. The voters approve the Commissioners salary many years ago, so we have that in place. We only need to fine tune. Andl agree with the Chairman that, you know, you say whoa, wait. If you direct an employee, you can be removed from office. How do you do that? I mean, how do you direct? Do you -- you know, I was told by then City Attorney in '96 when addressing some issues because I said, well, what do we do? At the time we didn't have e-mails here and we did only memos, and he always says, well, you always have to start by saying I respectfully request a favor from you. We need a pothole that needs to be filled in Southwest 19th Street. So, you know, it's -- we are a big city. We just had a meeting in Commissioner Sarnoff's office about the Volvo Ocean Race and we are one of the few cities in the world that is going to have that and why? Because it's Miami. And we have Art Basel moving from Miami Beach to Miami and we have -- you know, we are growing as a city and, yes, we have growing pains, but we are a big city. So I want to commend you for this presentation, and l just hope that the product of this conversation will be in the ballot because we do need to do changes in the Charter and, to me, yes, the Mayor should be subject to recall as any other elected official and, yes, the Mayor should be accountable to the people. Thank you. Chair Suarez: Thank you, Mr. Mayor. Commissioner Gort. Commissioner Gort: I think for a long time I've been hearing the community saying we need a strong Mayor, someone that we elect that could be responsible 'cause, like you were saying, we elect the officials, we elect the Commission, we elect the Mayor; yet, when there's a problem, that has to go through the Manager. If the Manager does not agree, the Mayor has to fire him or something will happen (UNINTELLIGIBLE). I don't have any problem with it. The most City ofMiami Page 126 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 important thing is we got to put a document together that explains the differences, real, transparent, and make sure that we inform people way before so people can understand. At the same time, I would not like to see it in the August because I think in August, too short of a time. At the same time, my understanding is, in August there's going to be a lot of issues because the County's going to have on there -- and I'd like to see it in November where they have more voters going to. Now, I had the experience of having an election in 2010. It was a special election. It was no problem. But then I had to get elected again in November of 2010. It was a general election. I have to tell you, the turnout was a lot larger than the one before, so I think it should be in November when people coming out, especially in this one where you're going to have a lot of people coming out because you got a presidential election and you have a lot of things taking place. Chair Suarez: Thank you. Commissioner Gort: But I think the obligation and -- of the Mayor compared to the Manager, it's got to be explained very careful. And also the check and balance between the strong Mayor and the Commissioners. Chair Suarez: Mr. Vice Chair. Vice Chair Sarnoff. Thank you, Mr. Chair. First off I never want to tread on another Commission's [sic] dream or his desire, especially one that respect, such as Commissioner Suarez. But candidly -- probably the only person up here that has lived under a strong Mayor form of government, New York City, and actually didn't even know another form of government existed. I always thought there was only mayors andl guess in New York there were councilmen. Then I came to live in New Orleans, which equally had a strong Mayor, and then finally Miami, which didn't have a strong Mayor. Andl guess there's going be three things I'd like to address: the need, the philosophy, and the outcome. Because the need I'll address first. The philosophy I believe is checks and balances. You have to have adequate checks and balances because this City, historically, has had hiring issues with regard to friends being placed in offices that have not done the job they should have done 'cause they lacked the education both from practical and probably from the scholastic standpoint. Commissioner Gort: Yes. Vice Chair Sarnoff. And the outcome, it's -- we all agree we all want a better City ofMiami than today, and the question is how do we get to that outcome. So the first thingl wanted to do is -- you know, I've always thought of our government as a fractured government. When I use that word, I mean county/city. Because in New York City, it's easy: Who's in charge? The Mayor. School system, who's in charge? The Mayor. Except for the port authority in New York, who's in charge? The Mayor. So I wrote a little paper I thought you all would like to know. For the purposes of the paper, we studied four other cities, as a matter of fact, every one mentioned by the Chair: City ofMiami, New York City, Chicago, Los Angeles, and Philadelphia. The governments of these cities control agencies and departments that, in Miami's case, are shared between the City and County or vested in the County alone. These agencies and departments encompass all manner of municipal services. Except in New York City, all comparison cities listed above control their own sea and airports. We certainly don't in the City ofMiami. All airport and seaport facilities in the Miami, as you know, are managed by the County. All the cities above have their own water and sewer departments, whereas Miami -Dade County Water and Sewer Department operates on behalf of the County as a whole. Commissioner Gort: We used to have 'em. Vice Chair Sarnoff. With the exception of New York City, all the comparison cities have their own library system, have their own cultural affairs system. In contrast, while the City ofMiami City ofMiami Page 127 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 manages a number of cultural venues, the County operates the Department of Cultural Affairs. Two of the four cities in the comparison operate their own correctional facilities. Miami does not. City of Chicago and New York have their own Departments of Environmental Regulation. The equivalent department in Miami is under the authority of the County. These same two cities have consumer protective agencies, whereas Miami's consumer protective agency is run by the County. Lastly, there are departments that manage social services. All the comparison cities have their own departments dealing with the homeless. In Miami, the County, through its Homeless Trust, manages homelessness. Two of the comparison cities even had children and family welfare services, which Miami's does not. Equally, City of New York City manages the Department of Education. So I did a comparison table. What I did was I put Chicago, New York City, Los Angeles, Philadelphia, Miami. The first thing would list then is I listed airport, seaport, water and sewer, library, cultural affairs, corrections, environmental regulation, consumer protection, homeless services, children and family services. City of Chicago, all those are under the auspices of the City, with the exception of corrections. City of New York, as you all know, it shares a port authority with the port authority of New Jersey, probably good reasons for that because when it was under the control exclusively of New York, there was actually riots in the streets because they weren't letting the folks in New Jersey free access. Equally, the Mayor of New York City does not control a library, yet, he does control his own school system. Los Angeles, maybe that's a good comparison city. They have their own seaport, their own water and sewer, their own library, their own cultural affairs. They do not control their own corrections. I think you all know, if you don't know, that's Los Angeles County Sheriff's Department. They don't control their own environmental regulation. I bet they wished they did, but they don't, with their air pollution. Consumer protection, they don't, but they do handle their own homeless. And as you know, the City of Los Angeles is, I believe at last count, 10.1 million people. Philadelphia, interesting comparison city, has its own seaport and its own airport, so the Mayor controls that. Water and sewer, yes, they have their own and the Mayor controls that. Library, yes, they have their own and the Mayor controls that. Cultural affairs, they have the most robust cultural affairs of any city described and they do control that. Corrections, interestingly enough, they control that. Environmental protection, which I would say they probably should control if you've ever been to Philadelphia. They could use a little more environmental protection. No disrespect to Philadelphia. They don't control that. Consumer protection, that is done by the State. Homeless services, yes, it is done by the City of Philadelphia. Children and family services, no; done by the State. Now City ofMiami. Seaport and airport: no, we don't control that. Water and sewer: no, we don't control that. Library: no, we don't control that. Commissioner Gort: We used to. Vice Chair Sarnoff Cultural affairs: no, we don't control that. Corrections: no, we don't control that. Environmental regulation: no, we don't control that. Consumer protection: no, we don't control that. Homeless services: no, we don't control that. Chair Suarez: We do actually control that. Vice Chair Sarnoff Children -- We take a slice from the County. Chair Suarez: We administer the County's homeless program. Vice Chair Sarnoff We don't administer the full program. Chair Suarez: Of course we do. The green shirts. Mayor Regalado: No. What we do is we are the only city in Miami -Dade County who has a homeless division and we are contracted -- City ofMiami Page 128 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Chair Suarez: Right. Mayor Regalado: -- by the Homeless Trust -- Vice Chair Sarnoff Right. Mayor Regalado: -- to do -- Commissioner Spence -Jones: We're just a partner in there. Mayor Regalado: -- countywide. Commissioner Spence -Jones: They control the program though. Chair Suarez: Okay. So -- okay. Vice Chair Sarnoff Right. Mayor Regalado: Well, they control the money. Commissioner Spence -Jones: So they control the program. Mayor Regalado: And they -- Commissioner Spence -Jones: They control the money. Mayor Regalado: -- control the -- and they awards -- Vice Chair Sarnoff I'll tell you what. Mayor Regalado: -- the contracts. Vice Chair Sarnoff I'll concede they control. I'll concede we control homeless services. I still have a list to go down. Mayor Regalado: Right. Chair Suarez: I don't understand what -- I don't -- go ahead. Vice Chair Sarnoff Well, my point is the Mayors that you've -- the cities that you're comparing us to -- Chair Suarez: Right. Vice Chair Sarnoff -- really do control their own destiny and really do control valuable and significant services to the citizenry. Yet, when it comes to the City ofMiami, it's really predominantly controlled at a regional level by the County. So let me make my point and I'll -- Chair Suarez: Sure. Vice Chair Sarnoff -- get to it. So you would then have a Mayor who would be in charge of police, fire, parks, and public works. Commissioner Gort: Sanitation. City ofMiami Page 129 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Vice Chair Sarnoff And solid waste, sanitation, and a few other peripheral issues. But the City ofMiami is not like those strong cities. Chair Suarez: Right. Vice Chair Sarnoff We're not like those large municipal operations, so the comparisons to me weren't good comparisons. And if you look at cities who operate as the City ofMiami operates, about 75 percent of them do not have strong Mayor components. They operate on a management form of government. Now I do agree with the Chairman; obviously, the Mayor should be subject to recall. That, I think, is a glitch, an omission in the last Charter reform. I happen to think this City Commission should elect its own Vice Chairman and Chairman. I think it's good practice. I think it will promote better -- I don't know about better relations 'cause I think there are good relations up here, but I think it's something that we should be doing ourselves. You know, with regard to upholding the suspension of the Chief ofPolice, I'm very much a fence sitter on this because I will be candid with you. I happen to really like our new Chief of Police, but I don't know that would change my vote today than I would have any different than what voted at that day and, yet, I think in some respects we have a better police department. I know we'd have a better police department if we just were given enough police officers. I'm not dissatisfied with the outcome, but I'm not sure the process was wrong. Because if, in fact, you have a Mayor -- andl could use Elian, andl know that is the third rail of politics in Miami, so let me go close to the third rail. I don't know that the Mayor should have directed the Chief ofPolice to abstain, help out, or do whatever it is 'cause I don't know that that's the Mayor's purview. And what I'm saying is when the federal government, which has supremacy over Miami, directs the City of Miami to do something, I don't know that a political elected official should stand in his or her way of what the federal government is suggesting or declaring that we do. So my problem with Section 26 is I'm not sure the Mayor should be in charge of a paramilitary operation and I'm not sure he should be directing that paramilitary operation in what it should and should not do, and the case in point, again, I touch the third rail of politics, which is a rail that I would suggest three of you up here are very close and passionate with. I'm not saying I'm not passionate to it, but it's in, as you would say, your Sangre. It's in your blood. So I'm not sure I agree with Section 26, the change, andl need to see -- I think it could be redeveloped. I think there were some criteria that we could have put in there that would have helped us along the way, and I'll yield if you want, Commissioner. Commissioner Gort: The question is what is the difference between the Mayor making a decision or the City Manager. Chair Suarez: Exactly. Vice Chair Sarnoff Because in my opinion, the Manager is a professional. Commissioner Spence -Jones: Executive form, right. Vice Chair Sarnoff And -- Commissioner Gort: But it's not a para medical [sic] -- he's not a -- Chair Suarez: Wait a second. Wait a second. Wait. Let me -- Commissioner Gort: The Manager's an engineer. Commissioner Spence -Jones: He's not political. Chair Suarez: Yeah, exactly. City ofMiami Page 130 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Commissioner Spence -Jones: It's not political, though. That's the difference. Chair Suarez: The prior Manager before that was -- Vice Chair Sarnoff. Right. Chair Suarez: -- a banker. Commissioner Spence -Jones: The person's not a -- no. Meaning the Manager is appointed to that position. The Mayor -- not speaking of this Mayor -- but any Mayor is put there politically SO -- Commissioner Gort: Right. Commissioner Spence -Jones: Right. So the question becomes is he making a decision based upon what he feels is the right thing to do from a -- the person's ability to do the job or is he being motivated by the politics? And think that's a big difference. But think we should allow him to finish. I think the respectful thing 'cause -- I didn't get a chance to sit in your session and I hate I missed it, but I wanted to at least be able to hear the feedback from it. So can we allow for him to just finish his points first? Vice Chair Sarnoff. And I'm -- Commissioner Gort: But my understanding is -- I'd like to -- at this point is the Mayor can fire, but the people have the option to come back to the Commission the same way. Commissioner Spence -Jones: Yeah, but why create -- Chair Suarez: Go ahead, finish. Vice Chair Sarnoff. All right. Andl was going to make a joke, but it's not time (UNINTELLIGIBLE). You know, I'm -- predominantly, it comes down to philosophy and, you know, good laws are based on philosophy and good laws are -- I think there should be checks and balances andl think that this form of government provides you the most checks and balances you can create. And don't know that Miami has demonstrated itself in the past 25 years as being a model city with regard to politics and you're saying that's the one that exists already. Chair Suarez: And that's precisely why we need to change the system. Vice Chair Sarnoff. But I could suggest to you that had the strong Mayor form of government been in place, it could have been much worse. Chair Suarez: Oh, I would argue the opposite. It could have been incredibly better. We've had how many City Mayors indicted while in office from 1997 until now? Zero. How many City Managers have we had? More than one. Vice Chair Sarnoff. Indicted? Chair Suarez: Yeah. Vice Chair Sarnoff. One that I know of. Chair Suarez: No, two. Vice Chair Sarnoff. Who's the other one? City ofMiami Page 131 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Chair Suarez: Well -- no, you're right, one. I'm sorry, one City Manager indicted and arrested. Commissioner Spence -Jones: But I -- Chair Suarez: Two? Commissioner Spence -Jones: -- but -- Chair Suarez: Well, he was not -- I don't think he was Manager during this system so -- Commissioner Spence -Jones: -- that's -- we all know that folks can be indicted and -- Chair Suarez: No, I know. Listen, hey, there's -- you could definitely be -- Commissioner Spence -Jones: That should never be the gauge as to -- Chair Suarez: -- you should definitely -- Commissioner Spence -Jones: -- whether or not -- Chair Suarez: No, no, but this -- Commissioner Spence -Jones: -- a person should be there or not. Chair Suarez: -- person wasn't just indicted; this person was prosecuted. They were -- Commissioner Spence -Jones: I understand, but -- Chair Suarez: -- convicted and they served jail time. Commissioner Spence -Jones: Okay, but let him finish so. Vice Chair Sarnofff. So when you get down to checks and balances, you have -- you inevitably have a city which is over-archingly [sic] and predominantly Latin and most likely Cuban and that provides a significant voting block and a significant voting ability to provide one man with a significant amount of power. Andl guess I have always believed that in our form of government, there needed to be something called a collaborative effort, andl think the one thing this Commission has always demonstrated its desire to collaborate and try to give what Commissioner Carollo needs, what Commissioner Spence -Jones needs; and in theory, the five of us have, from a introspective ability, a look at our respective districts; and from a prospective ability, the ability to weave those districts into a fabric called the City ofMiami. Now, some of you were here before it wasn't done at district levels. It predates me. I don't know what it was like. From a post -district level basis, it's a lot of give and take, it's a lot of tug of war, andl think it's designed to be a lot of give and take and a lot of tug of war. You know, whether you think it's worked or not is in the eye of the beholder, which is what told you in my last argument, which would be outcome. I think we all want to see a better form of government. We all want to see this City do better. But I think a better form of government comes from the best form of people. I think people make up what will inevitably be a better government. And if we elect people that dedicate themselves to what they do, then you'll have a better dedicated form of government, whether that person has a powerful job or that that person has an influential job or whether that person has a simply ministerial job. The thing I've always liked is the number three, andl guess in the County they used to say that -- what was it, the number eight? I'm sorry, the number seven I should have said. And like the fact that three people have to agree, sometimes four people have to agree, andl guess it's laid out in our Charter five people have to agree. I don't even City ofMiami Page 132 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 know when that happens. Andl think that in that exercise of gaining consensus, that is what we call, or as Commissioner Carollo likes to say, the debate. And in that debate I will tell you Carollo has changed my mind and in that debate I could tell you Spence -Jones has made my look a way I've never had to look before. Commissioner Spence -Jones: It's called balance. Vice Chair Sarnoff. Right. And I think that this form of government provides us the most form of balance. Andl'm done, Mr. Chair, andl -- Chair Suarez: Thank you. Vice Chair Sarnoff. -- want to thank you for letting me speak. Chair Suarez: Thank you, Mr. Vice Chair. Commissioner Spence -Jones: Mr. Chairman, I -- Chair Suarez: Can I just --? Commissioner Spence -Jones: -- don't have a lot to -- Chair Suarez: Okay. Commissioner Spence -Jones: -- say on it 'cause I have to jump off for a minute for a 4: 30 call that have to do. Only thing that I really want to say, we're not voting on the item so I guess this is our means of being able to communicate where we are. I do, like Commissioner Sarnoff, have big concerns with so much power being in the hands of one person. I think the beauty of what we have is that we have the ability to have balance on this dais. And as I stated when we started talking about this before, we can look at examples here right in Miami -Dade County. I'll take Carlos Alvarez for an example, okay, and he got recalled, for instance. But when he actually took over that position as strong Mayor, it was chaos in the County, andl honestly believe once everything kind of settled, a lot of his issues stemmed from his leadership from that standpoint as the Mayor of a city that had now become a strong Mayor city, and there was so much conflict that took place between the board itself and between the strong Mayor itself. So that relationship that was necessary in order to move the County to the next level, it actually created more of a hindering effect than anything else. Andl'm not saying that, you know, the possibilities are not there for us to -- a great Mayor to be elected and him be able to run the city and do all the right things. But what if he doesn't? And that is my concern. And, you know, I don't ever want to point fingers at any elected official 'cause that's the wrong thing to do, but just here in this county itself, you know, there are City Mayors that, you know, have challenges running their own offices so imagine taking on an entire city. And, you know, I just -- I think that the fair and balanced way to do things is the way that we've been doing them and I'm not -- and this is my question I ask andl want it to be clear -- because some of the things you brought up I thought were good points and that's why I want to be clear from Madam City Attorney, like the recall provision because the way that this was kind of presented was -- to me or maybe I was just taking it the wrong way -- that in order to have a strong Mayor, for instance, the recall provision, this kind of like went along with it, but actually we can have a Charter change -- Commissioner Gort: We can change it. Commissioner Spence -Jones: -- and still include -- Chair Suarez: Sure. City ofMiami Page 133 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Commissioner Spence -Jones: -- the recall provision, so that's not really reason enough to change something that is already working. I'm not saying we don't have problems. I'm not saying there's not things that we need to fix or make better. But if that is something that we all feel compassionate about, then that's one thing that we change in the -- during the elections. Commissioner Gort: As a matter of fact, I think we agree about that already. Commissioner Spence -Jones: Right, right. But my -- Commissioner Gort: We agreed on that one. Commissioner Spence -Jones: Right. But what I'm saying is it seems as though we're attaching strong Mayor with recall provision when, quite frankly -- what is the --? This is almost like a smorgasbord; we can pick certain things out of here that we think work best for the City and then put that on as a part of the Charter. I think it's extremely important. The reality is we all know the numbers. And Commissioner Sarnoff is absolutely right; we know the numbers. And at the end of the day, you know, I could rally as much -- as many people as I want from my community to come out and vote and support it, but if the numbers are not balanced in the City, it doesn't even matter. So my concern, period -- andl know that my next item that's coming up, which is, you know -- was -- the motivation around that is strictly for us to save money because, quite frankly, we are in dire straits and we do need to look at doing things differently, so you know, definitely, I'm pushing that to go on the ballot. I'm just concerned when I see a great push to not have something be put on the ballot for whatever reasons. I'm not sure what those reasons could be because saving money should be our number -one priority. And if we do want the voters' voice to count in this matter, then, you know, that same argument can be used both ways. But I support you, Francis, and you know that. And I can support several of these items that you want to see included as far as Charter changes, but it's going to be extremely difficult for me to support one person having this much control, you know. And -- Chair Suarez: Okay. Commissioner Spence -Jones: -- quite frankly, after we leave, I don't want to put something in place that can affect the community I serve ten years from now. So it's not about me. It should not ever be about any of us. Chair Suarez: I agree with -- the system changes should not be -- Commissioner Spence -Jones: It should always be about what's making the City better. Chair Suarez: I agree. Commissioner Spence -Jones: And I'm gladl was able to hear Commissioner Sarnoff 'cause I think he made some pretty valid points today and l just -- I'm glad we're not voting on the item. I'm glad we're just discussing it. But I just want you to know that I support you 100 percent -- Chair Suarez: Thank you. Commissioner Spence -Jones: -- but it's very hard for me to support strong Mayor, especially when I feel that, no matter what, at least from my community's perspective, we will never have the balance in the polls regarding people coming out to vote and support it. So my attention, along with my staff would be to look at these key things that you talked about and trying to figure out a way for us to work together to make sure those things are perhaps included. I agree with Commissioner Gort. I think August is entirely too soon. It's too much going on right now in August thatl think we need to focus our attention maybe perhaps November, and there will be more people coming out if that is the case, if we're going to vote on these Charter changes. But I have a very big concern with that much power being in one person's hand. City ofMiami Page 134 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Chair Suarez: Okay. Commissioner Spence -Jones: I'm going to step off for a few seconds. Chair Suarez: Okay. Thank you. I just wanted to answer some of the comments that the Vice Chair made. You know, first of all, I'm not so sure that those distinctions that he pointed out between the cities that he chose and the City ofMiami necessarily make it less compelling to have a strong Mayor. They just happen to be bigger cities with more responsibilities. I don't think that really changes the analysis. And I'm not going to say that you cherry picked those cities, but you failed to mention Houston, San Diego, San Francisco, Jacksonville, Detroit, Indianapolis, Columbus, Memphis, Boston, Baltimore, Seattle, Denver, Milwaukee, Washington, Louisville, Nashville, Atlanta, Fresno, Omaha, Cleveland Oakland Raleigh, Colorado Springs, Tulsa, Minneapolis, and Honolulu, Hawaii. So you know, there is a lot of precedent for what I am advocating for here. This is not something that I've taken lightly, and I know you know that; something that I've spent a lot of my time and energy. I've been around the City ofMiami my entire life. I've seen the brightest moments and the worst moments of it and I've seen people struggle through the system of government. I also thought of when you were speaking about the differences between the City ofMiami and those cities that you chose, Hialeah has a strong Mayor form of government, Sweetwater has a strong Mayor form of government, Miami Gardens has a strong Mayor form of government. I mean, so you can cite a variety of examples, local examples of smaller cities than the City ofMiami that are functioning very, very well with that form of government. So you know, at the end of day, this is a collegial body. We have to make decisions collegially. And, you know, again, we're just discussing it now, and I'm very appreciative of some of the sentiments that have been expressed. You know, obviously, I don't -- I haven't heard from Commissioner Carollo, and if he wants to talk about it, I'd love to hear his thoughts and then decide what I want to do from there. Commissioner Gort: Let me add something to your comments. I think your comments is very good and you're right, we discussing things in here. We come out with the bright idea to bring the right product and to make sure that we (UNINTELLIGIBLE) thing. I believe -- andl have the power of also of the diverse power. I mean, what do you call them? The -- to be able to right now if we're not in accordance with what the Manager's doing, we have the ability to get rid of the Manager and get somebody else. Do we have that power within the Mayor? We do indirectly. I mean, the Mayor can come to us and bring us all kinds of issues that he would like to do and we can say no. Chair Suarez: Exactly. Commissioner Gort: And that's it. The same thing as we do with the Manager. Chair Suarez: Even -- Commissioner Gort: I agree with you, there are certain things that should be looked at and how to protect the -- and that worries me a lot because we have a lot of that here today. The sacred cows, the people that are friends of friends and they're working and they're getting paid and they shouldn't be in there. That's -- those are the -- Chair Suarez: That exists in this system right now. Commissioner Gort: -- things -- we need to look in the system to make sure that those things doesn't happen, to make sure that whenever we get -- and somebody coming in, that person take the test, that person goes to the test, that person has got the, what do you call them, the qualification necessary to carry on the job. I agree with that. And this is good to bring all this up because you have to put all this into a document if you want something like this and we got to City ofMiami Page 135 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 be very clear to the voters what is it that they voting on. Chair Suarez: Yeah. And, you know, from my perspective, I think, you know, the argument that under this form of government, we have a City Manager who is, in theory, supposed to be, you know, some people would argue is a professional. I know that our City Manager obviously is an engineer, but he's not a City Manager. He didn't go to school for being a city manager. The prior City Manager was the chief of staff of the Mayor; didn't go to school for being a city manager. The prior Manager from that was a banker. The prior Manager from that -- I can't even remember who it was. Commissioner Gort: Another engineer. Chair Suarez: Another engineer, right, you know. The prior Manager before that was a guy who owned a press printing company, okay, who was just, you know, an entrepreneur who came and was brought. The Manager before that was an attorney, I think. Maria J Chiaro (Deputy City Attorney): Gimenez. Chair Suarez: Gimenez. I'm sorry. It was a firefighter. Wasn't -- didn't go to managerial school. Didn't -- you know, didn't -- there's no -- didn't get his MPP (Master in Public Policy), his MPA (Master of Public Administration), you know. He happens to now be the strong Mayor of Dade County, so you know, and someone who's been in government his entire career, you know, so. You know, I think the history of this government has demonstrated it to be, in my humble opinion, a colossal chaotic failure. I honestly -- I'm not exactly sure why we, as a body, would struggle to give the people the option to decide whether or not they want this form of government. I can understand that we may go to the ballot box as individuals and say this is not what I think is best for Miami today; maybe something that's needed for Miami tomorrow, but I don't understand why we would deprive our residents of that same option. So, you know, I guess that's all I'm going to say about that right now. Andl don't know if anyone else has anything to add. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, Commissioner. Commissioner Carollo: I don't know if I'm the right person to ask about this 'cause I could spend hours debating this. And as you've seen, you know, I always welcome the discussion, the debate, whether it's my item, someone else's item, andl think it's extremely healthy. So I mean, on this item alone, I'm sure I could spend hours. There's a lot that's been said. And by the way -- andl had to see. I could spend hours on this. I want to see what -- you know, I know we don't want to spend hours on this, so I want to see where -- you know, which part do I want to speak about or start with. You mentioned that there's really three bases, three issues with what you want to do. In essence, what I think heard two of my colleagues say, which I kind of agree, with regards to it's not -- it doesn't have to be one whole thing. For instance, I know the County, when they had this form of the government, the County Commission actually brought a Charter amendment to the voters with regards to the Commission choosing their own chair and vice chair. So what I'm saying is from those three, realistically, it doesn't have to be one whole item which includes the Mayor actually being the Manager, the recall of the Mayor, and the Commissioners choosing their own chair and vice chair. It could actually -- we could just put the Commission choosing the chair and vice chair or we could choose just to put the recall item. Chair Suarez: Right. Commissioner Carollo: Some of what I've heard -- listen, to be honest with you, I haven't gone that far to do the homework to see all those municipalities, the ones you've mentioned, the ones City ofMiami Page 136 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Commissioner Sarnoff mentions. I do know the two here, at least Hialeah, which is rather large, andl know the County. And I'm going to be speaking with regards to Hialeah, with all due respect to their government, andl truly mean that. But when I see the elections in Hialeah, realistically, it's a slate. The Mayor says this is the slate of candidates thatl want and those are the ones that get elected and, you know -- and again, I say it with all due respect, it appears that they're just a rubber stamp for the Mayor. I don't even know why they have a council. I think it should just be the Mayor because -- Chair Suarez: Yeah. I understand where you're coming from. But I think that can happen in any form of -- it can happen in our current form of government. I think many would argue that the prior Mayor -- one of the biggest achievements of the prior Mayor was that he was always able to have a ruling coalition on this Commission. So, essentially, anything the Administration put forth, with maybe the exception of one or two people, one maybe being the one on my extreme right and the one who used to sit in that seat, you know, there was basically a ruling coalition. So he could -- if you want to call it a rubber stamp, the Commission, you know, could -- they basically agreed with his philosophy. Even -- andl would go a step further. I'm under the understanding -- and maybe I'm wrong 'cause I wasn't here and you guys were -- that they would even overrule district Commissioner on district Commissioner items, so when you had -- you know, which is something we don't do and it's something, you know, kind of that's, you know, very dangerous. Commissioner Carollo: And here's the thing. Because I think if we boil down to it and what I think, it's the same government as before; yet -- Chair Suarez: It is. Commissioner Carollo: -- they used to do it that way before and this is how this Commission acts, so it becomes that it's based on the individuals and based on the individual. Chair Suarez: Right. Commissioner Carollo: And I can really see how the Mayor strong form of government, if the right person is in that position, I think the City could flourish like never seen before. However, at the same time, with the wrong person in there, I think they will run this City to the ground. Chair Suarez: And, Commissioner, I don't dispute that one iota. I could not agree with you more, and I choose to focus on the fact that -- the first part of your statement, which is with a strong Mayor, you can do a lot of great things with the City ofMiami. If you have a bad strong Mayor, there is a remedy, which doesn't currently exist by the way, and that remedy is -- can be as drastic as having someone ousted from office in 120 days essentially. Commissioner Carollo: Right, but -- and let's go to that. First of all, as far as a recall, we could place that in the ballot, you know, as a referendum without having to have the Manager -- or the Mayor be the Manager, so we could do the recall for the Mayor so -- and that's what I'm -- started saying. It doesn't have to be all in one. Now, with regards to the County, I don't know how many years it actually took. It wasn't that many. I don't know if it was actually four with the strong Mayor form of government before they actually recalled the Mayor. Now what everyone forgets, you know, yes, yes, you know, the community, the residents didn't like him so they recalled him. That recall cost $15 million. We haven't spoken about that. Chair Suarez: Right. Commissioner Carollo: That recall cost $15 million. Chair Suarez: The residents must have been -- City ofMiami Page 137 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Commissioner Carollo: Andl don't have the exact numbers, but -- Chair Suarez: -- pretty upset. Yeah, the resi -- I mean -- Commissioner Carollo: Right. Chair Suarez: Exactly. Unidentified Speaker: (UNINTET,T IGIBT ,F). Commissioner Carollo: Right. Chair Suarez: Right, that's what I'm saying. The residents must have been pretty upset if they were willing to spend $15 million to oust the Mayor. But, you know, it wasn't that they were under -- you know, it was actions that were taken in a very short period of time; the community responded. It was about a budget and issues related to, you know, increasing taxes and then increasing the salary of members of the Mayor's staff that really is what set off the public, and they acted very quickly. I mean, they acted from beginning to start, from start to finish, in a few months' time. Commissioner Carollo: Continuing with this, you know, I remember months back, andl don't know how many months, but this Commission spoke about having a charter review committee and we postponed that. We postponed that. I don't know if it was indefinitely or for how long. But at the same time, you know, we're speaking about major changes andl don't know how wise it is for some of these major changes. Now, again, I welcome the discussion. I welcome the debate. Am I ready to say yes, the Mayor -- we should have a referendum saying that the Mayor, you know, should be able to be recalled? Absolutely. I'm ready to vote on that today. With regards to the Commission choosing their own Chairman, Vice Chairman, sure, I can vote on that today. And those two items can actually go either to the August election or the November election. I'm a lot more hesitant when it comes to the Mayor actually being the Manager. Chair Suarez: And let me just say thatl really appreciate the fact that it seems like at least two of the three points there is agreement on it. I think there's one point where there's not necessarily agreement on. I don't -- you know, I don't know that there's any other government that's like ours. I really don't. I know there's a manager, you know, council form of government, but I'm not so sure that there's any other government in the United States that is like ours. You know, we had a weak Mayor form of government -- and we talked about this briefly in the sunshine meeting where you said -- Commissioner Carollo: Right. Chair Suarez: -- you know, if the Mayor has no power, what do we need a Mayor for? Andl said well, Commissioner, we had that form of government where we didn't have a Mayor, you know, which was the weak Mayor form of government. The Mayor was basically the chairman of the City Commission and he was kind of a ceremonial person, you know, andl saw the frustration of the Mayor for eight years in his attempts to try to reform the system, you know. Right now Coral -- Miami Beach is struggling with that right now in terms of their Manager. Andl don't know what -- how that's going to shake out, but their, you know -- so, you know, that form of government, I would almost prefer that by the way than what we have right now, andl told you that at the sunshine meeting. I would almost prefer to go back to that than to go -- and remain in the one that we're in because you can even look at the weak Mayor form of governments; there's more stability in the government than there is in ours. I mean, guys, 11 City Managers in 15 years, 13 if you count people who were fired multiple times. I mean, how can you ignore that? I don't understand. City ofMiami Page 138 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Vice Chair Sarnoff. Yeah, but there's a tenet in American politics andl think you've heard this before: Power corrupts and absolute power corrupts absolutely. Andl think that is what the United States Constitution is based on. It was from the tyranny of the British, and I think that has flowed through every pen in America down to every charter, to every municipality. And think this city still struggles with power does -- I think not just this city; this region. Power corrupts and somebody given absolute power will absolutely corrupt. Chair Suarez: You know, I don't think that under this form of the government, there's absolute power in the person of the Mayor because it's no different than -- that must mean that he has absolute power as the City Manager because all he's doing is assuming the Manager's power. Vice Chair Sarnoff. But he doesn't. He doesn't because -- and you mind? I don't want to -- Commissioner Carollo: Go ahead. Vice Chair Sarnoff. Here's why he doesn't and I'm going to use your name. I apologize, Johnny. Johnny turns around and does three stupid things. I have the power to come up here and suggest he be terminated. Chair Suarez: Right. Vice Chair Sarnoff. I get one Commissioner to second it, boom, I got discussion. Chair Suarez: Right. Vice Chair Sarnoff. One more Commissioner and I got a vote. Chair Suarez: Right. Vice Chair Sarnoff. All right. Now -- Chair Suarez: How perilous is his job? Vice Chair Sarnoff. -- the Mayor could -- wait. It's tenuous as maybe it should be if he does something stu -- well, I haven't seen anybody ever suggest Johnny should be terminated. Chair Suarez: No, I haven't either. Vice Chair Sarnoff. So Johnny's either doing a good job or there are timid Commissioners up here, and I've met you guys. You're anything but timid. Chair Suarez: Right. Vice Chair Sarnoff. Okay. So on the other hand, the Mayor turns around and does three stupid things. Well, there's no Norman Braman because he doesn't want to put a million bucks up. Chair Suarez: You don't need Norman Braman. Vice Chair Sarnoff. I think you do. Chair Suarez: No. I would argue you don't. Vice Chair Sarnoff. I think you do. City ofMiami Page 139 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Chair Suarez: I would -- Vice Chair Sarnoff I think if Norman Braman didn't do what he did, there would have been no recall. Chair Suarez: I argue against it, andl'll make it very simple, okay. There is a guy named Lazaro Gonzalez. Have you -- did you know who Lazaro Gonzalez was? Vice Chair Sarnoff I do know who he is. Chair Suarez: Okay. He came up very, very close to having the threshold for a number of signatures to be -- he's not a millionaire. He's not a billionaire. He's not even a -- probably a thousandaire [sic], okay. He -- had he been given the amount of time that he now currently has -- because, remember, the County Commission adopted an extension of the time frame so now he has double the time to collect the signatures. Had he had that time frame, I would posit that a guy who has no financial resources whatsoever, who is just tapping into the public will, would have the ability to recall the Mayor easily, not even maybe; easily because he would have easily gathered the signatures. He was almost gathered them in the 60 days, which is why I think that reform was so needed. But I think what that reform did was make it so that a millionaire or a billionaire doesn't have to be the one that pushes for a recall. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: Can continue? Chair Suarez: Yes. Commissioner Carollo: Thank you. By the way, I believe you do have consensus on two of the items. I'll go a step further. I think we could get consensus on a lot more items. We really never had our Charter review, even though we kind of all knew we should. I think you can get consensus on a lot of other items. I'll give you another one, which, by the way, once again, the County took it to referendums and had it passed. What you called 4(d) -- Chair Suarez: Right. Commissioner Carollo: -- they actually -- Chair Suarez: They actually did it. Commissioner Carollo: Yeah. Chair Suarez: Yeah, I agree. Commissioner Carollo: And I'm sure you could get consensus about 4(d) also -- Chair Suarez: Yeah, I agree. Commissioner Carollo: -- for Charter review. Chair Suarez: I agree. Commissioner Carollo: So there's a lot of items here. City ofMiami Page 140 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Chair Suarez: And by the way, I would be willing to bend on 26, on Section 26, and maybe go to a modified version of Section 26, okay, if that's what this Commission felt was needed. It's not my preference, but I would be willing to bend a little bit on that. But I think to do all these things without doing a strong Mayor, I think it dilutes what we're trying to do. That's just my opinion. I mean, at the end of the day, we're three Commissioners. We're a collegial body. If you guys incorporate two or three or four of the ideas because you think they're good government initiatives, I'll be proud of the fact that, you know, I worked on it as long as I did and you guys supported it. Commissioner Carollo: Let me give you -- when I -- and by the way, there's a lot of others, even temporary absence, you know, and it's in here. I want a definition of temporary absence. Chair Suarez: It's in the Charter. Commissioner Carollo: Right. Chair Suarez: Right. Commissioner Carollo: What's temporary absence, the definition? And I'm sorry. I said --I mean, we could be here for hours. Chair Suarez: Which section is it in? Commissioner Carollo: Well, where I read it was actually -- give me a second. I read it in page 7 of 39. During the temporary absence or disability, the Mayor shall appoint -- so -- Chair Suarez: Which one is it, on page 7 of 39? Where? Commissioner Carollo: Seven thirty-nine. Commissioner Gort: The Mayor shall appoint somebody to take vice mayor. Commissioner Carollo: Look at number 46 or 4 -- Chair Suarez: 4-6, okay. Commissioner Carollo: You know, that's something) really want to define. You say it's defined there. And I'll tell you why. Is temporary absence leaving to Europe? Is temporary absence going to Colorado? What is temporary absence? Chair Suarez: Yeah. And let me -- and that's a good -- Commissioner Carollo: (UNINTET,T IGIBT ,F) and I'll tell you why. Chair Suarez: Okay. Commissioner Carollo: 'Cause the Mayor has actually traveled and the Manager, and I don't know if always we have had someone for those positions. Chair Suarez: Right. And let me just say that right now -- Commissioner Carollo: You understand? Chair Suarez: Yeah. -- as the Charter currently stands right now, it states that the Mayor shall appoint a member of the City Commission in his absence, so -- City ofMiami Page 141 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Commissioner Carollo: Has that happened? Chair Suarez: No, not that I'm aware of and that's my point. That's my point. My point is it hasn't happened, and my point is that I'm not even sure that's a good idea anyways because you're talking about the -- Commissioner Carollo: Which is back to -- Chair Suarez: Right Commissioner Carollo: -- which is back to -- Chair Suarez: Right. Commissioner Carollo: -- you probably will get consensus on a lot of these Charter issues because that is in our Charter right now. Andl know the Mayor has traveled overseas and has traveled to different -- and nothing against this Mayor. I mean, I'm just making points. Chair Suarez: Right. Commissioner Carollo: And my point is that I think if we had a Charter review or if we continued to discuss this, I think we will have consensus on a lot of items that, yeah, we should take to a referendum andl think it will pass andl thinkl will probably have the consensus of all of us. Chair Suarez: Well -- I mean, I think I'm sensing that as well. Commissioner Carollo: Yeah. Chair Suarez: And I think -- you know, I don't think that we need -- I'm not a big -- as the Vice Chair, I'm not a big fan of having additional committees and committees and committees and committees. Commissioner Carollo: We could serve on -- Chair Suarez: Yeah. Commissioner Carollo: We could do it our own. Chair Suarez: We -- you know, I worked on this for many, many, many months. We -- I worked on it with several lawyers and, you know, I think the drafting is relatively good, relatively tight. Obviously, the City Attorney would have to draft the final language and make sure that it -- that -- you know, proof it for form and fitness, like she does on everything else. But I think we can pick and choose from what's here what we want and, you know, maybe, you know, we can -- maybe we won't have the consensus for some of the things, but maybe we have for most of them. Commissioner Carollo: Yeah. And going back -- and again -- you know, stop me when you want and -- 'cause the truth of the matter is I could just go on and on with a lot of these issues. Realistically, the County -- you know, we've mentioned the County with the strong form of government. I look at, you know, my County Commissioner. He's under the strong form of government. Let's say a resident calls and says they haven't picked up the trash, something like that. Well, realistically, he doesn't have to worry too much 'cause, realistically, he'll call my office, you know. In our position that's different. If they call my office and say, Commissioner, they haven't picked up the trash, you know, usually what we do, we send an e-mail to, you know, City ofMiami Page 142 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Solid Waste, and by the way, you know, Keith Carswell and all of them, they respond right away. It's been great. Look at it this way also. Under the strong Mayor form of government, we're actually dependent on the Mayor, and now I have to tell my constituent or this constituent -- let's say the Mayor, for some reason, doesn't respond that fast. A day passes. Two days passes [sic]. Three days passes [sic]. It could be same thing with the Manager, but it's different -- Chair Suarez: And I think -- Commissioner Carollo: -- because it goes back to the political position. Chair Suarez: I agree. Andl think it actually -- and here's the part where we may disagree or there may be a little bit of difference of philosophy -- Commissioner Carollo: Right. Chair Suarez: -- which is that I think the current system -- with the current -- with the Manager is extremely political. It's much more political because at any moment, the Manager has to keep happy three Commissioners and the Mayor, okay, at any moment. Three Commi -- right, but -- Commissioner Carollo: Which is balance. Chair Suarez: -- how do you, you know, do that? Does that mean you can ignore two, you know? Does that mean that can shift -- ifI know Commissioner Carollo's upset me, I'm going to shift resources into Commissioner Carollo's district? Commissioner Spence -Jones: But -- Commissioner Carollo: Yeah. Commissioner Spence -Jones: -- Mr. Chairman, the difference is -- Commissioner Carollo: But here's the thing. And give me -- Commissioner Spence -Jones: The difference is -- Commissioner Carollo: Just to follow up on -- Commissioner Spence -Jones: -- it's not one person. That's the difference. The difference is if, for whatever reason -- just using -- since you're sitting in the audience. If the Mayor has a problem with me, okay, and, for whatever reason, I haven't been supportive with his initiatives, and I'm trying to get something done in my district, all he has to do is cut it off. Chair Suarez: Right. Commissioner Spence -Jones: To me, now we have five different voices up here to say Mr. Manager, why is this not happening. Chair Suarez: But that's not -- I mean, that's not -- Commissioner Spence -Jones: That's a lot of power, Francis. Chair Suarez: Look, I think the Commission has a lot of power. The Commission has the power to approve contracts. The Commission has the power to approve the budget. If we don't like -- for example, in the example that Commissioner -- Chairman -- Vice Chairman Sarnoff gave where people are being hired that are friends or relatives or whatever, we can eliminate those City ofMiami Page 143 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 positions, period. Commissioner Spence -Jones: Yeah, but, Francis, if you're going to let people manage something, you let them manage it. And if we're going to go through all of this to make a major overhaul in city government, we can't turn around and do what we're already doing now, what we have the ability to do now. If it comes down to, okay, we're not happy with the way this person's doing -- this person's put here as a political crony or the sister of whatever. Chair Suarez: Right. Commissioner Spence -Jones: You're saying if the Mayor's not doing what we need for him to do, then we still have the right to do it. Then that means it doesn't need to change. Chair Suarez: No. I think under the current form of government, it's not the Mayor at all that has the right to do that. Commissioner Spence -Jones: Right. But my point is if we have an issue as a five -body group of up here -- Chair Suarez: Right. Commissioner Spence -Jones: -- with something that's going on in our districts, then we can communicate it to the Manager to make sure those things get handled. Chair Suarez: Right. Commissioner Spence -Jones: Now, if you only have one person that's responsible for telling not only the Manager -- directing the Manager but all the City staff as well, what -- see, I always like to put the equation in there 'cause it's extremely important for us to understand this. If there is an issue -- if from -- and you mentioned them all earlier, all the political things that have happened to leadership in Miami, in the City ofMiami. A lot of that stuff was politically motivated. Chair Suarez: Right. Commissioner Spence -Jones: A lot of it, okay, and a lot of people in the process got hurt from it. Chair Suarez: I agree. Commissioner Spence -Jones: Okay. So I just think that part of this is is to improve the system that we already have. Chair Suarez: Right. Commissioner Spence -Jones: Okay. Improving the system that we already have is perhaps looking at these things that you have identified that are great things, I think, that can be a part of a Charter amendment, but at the same time, not still have one person responsible for running the City. I just -- you know, I was able to hear a little bit back and forth. I know you mentioned Hialeah -- Chair Suarez: Right. Commissioner Spence -Jones: -- you know. I mean, Hialeah has a lot -- had a lot of challenges, okay, so -- with a strong Mayor. So I'm just saying -- my point in all that is I could think of a couple of cities that have strong Mayors that have a lot of issues, you know, so I just think that City ofMiami Page 144 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 having the balance on the dais is extremely important not only for the residents that we serve, but also extremely important -- for not only that, the City employees that we have to serve because at the end of the day, if the Mayor doesn't like them, every single last one of them, their jobs are threatened. At least they have four bites or five bites at the apple to come to say to each one of us, hey, I feel like I'm being unfairly targeted. Hey, I think that I'm being removed because I'm not related to that -- I mean, so many -- I'm just -- Chair Suarez: We can't do that. Commissioner Spence -Jones: But the point is, Francis -- I know you understand what I'm saying and know you understand what I'm saying when one person is ultimately responsible. I can tell you what happened in Carlos Alvarez's reign when he got there and when the government switched over. A lot of projects, a lot of departments, a lot of things changed in a very big kind of way. Andl honestly believe, yes, Mr. Braman had a lot to do with the recall efforts, butt think it was a combination -- Chair Suarez: Absolutely. I agree 100 percent. Commissioner Spence -Jones: -- of all of the things that Carlos had done up until that point -- Chair Suarez: Right, I agree. Commissioner Spence -Jones: -- that all he had to do -- all Braman had to do was just -- Chair Suarez: Right. Commissioner Spence -Jones: -- you know, put a -- Chair Suarez: I agree. Commissioner Spence -Jones: -- little small machine behind it and he was going to be recalled. Chair Suarez: Yep, I agree. Commissioner Spence -Jones: So I don't think it had anything to do with the fact that the system was not working. Chair Suarez: I agree. Commissioner Spence -Jones: I think that -- Chair Suarez: I think the system worked well. Commissioner Spence -Jones: -- sometimes -- and I'm not -- I don't want to keep talking about Carlos. That's not a nice thing to do. But power has the ability -- all of that power has the ability, in one person's hand, to create problems. Chair Suarez: Of course. Commissioner Spence -Jones: So -- Chair Suarez: Of course it does. Commissioner Spence -Jones: -- again, I think the recommendations at least from the D5 (District 5) standpoint -- because I really would want to make sure that my residents would have City ofMiami Page 145 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 a voice in this matter -- would be to look at the additional items that you're talking about in the Charter that needs to be changed. I think we can all agree on those. I think that we need to continue to discuss the strong Mayor thing, if you'd like. I would like to see the pros and cons of both, something in writing, and maybe I can have the Administration pull together some sort of physical, you know, report or document, not necessarily from your perspective -- Chair Suarez: Sure. Commissioner Spence -Jones: -- 'cause I know you're in support of it 100 percent -- Chair Suarez: Obviously, right. Commissioner Spence -Jones: -- so it's always going to lean in one direction. Chair Suarez: Sure. Commissioner Spence -Jones: But I would like maybe Madam City Attorney, Marie [sic], or the Manager, or -- I would like to just have a complete analysis on the pros and cons of it. I think it's extremely important for us to know that. And since we've all -- always -- we're all agreeing that August may not be the best time, we have a little more time to -- Chair Suarez: I have no issue with that. Commissioner Spence -Jones: -- you know -- Chair Suarez: Yeah, I have no issue with the timing. Commissioner Spence -Jones: -- hammer it out. Chair Suarez: I have no issue with the timing. Commissioner Spence -Jones: But I appreciate your vision. Chair Suarez: Thank you, thank you. Commissioner Spence -Jones: I mean -- Chair Suarez: Andl appreciate your -- Commissioner Spence -Jones: -- you know, you're trying to do something that I'm sure many other people have tried to do before you. Chair Suarez: Right. Commissioner Spence -Jones: But I think the challenges have happened because of this -- these discussions that we're having right now. And would love to pull the information, the language, or the things that were being discussed when this came up in the City ofMiami before 'cause this is not the first time. Chair Suarez: Right. Commissioner Spence -Jones: And I'm sure there was a lot of dialogue. We're probably repeating some of the same things that was said and that's probably why it didn't go anywhere. So I would like to -- Madam City Clerk, I know you hate when I ask you to go back in time, but I would like any strong Mayor's discussion. I would like to see what my former Commissioners City ofMiami Page 146 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 that sat in my seat, what their concerns were. I don't know if the other Commissioners want the same thing, but I think you should want to know what the debate -- Chair Suarez: Yeah. Commissioner Spence -Jones: -- and discussion was about. Chair Suarez: Andl -- Commissioner Gort: I think you should add the exchange that took place in '97. Chair Suarez: Yeah. Andl think -- my guess is -- and again, I don't recall it offhand 'cause, you know, I was 20 years old at the time, but my guess is what happened was that they modeled it after the County system. In other words -- and by the way, I did very much the same thing. I looked at the County's system. I looked at Hialeah's, you know, as probably the core basis for, you know, the changes that -- you know, language changes and, you know, certain aspects of it that have to be -- you know, certain address -- you know, things that had to be addressed, like vacancies and things of that nature. Commissioner Spence -Jones: And I'm just going to say this, and we all can agree 'cause we just talked about this when Belle Meade was up here. Chair Suarez: Right. Commissioner Spence -Jones: Even with the County Mayor that -- not taking anything away from -- Chair Suarez: Right. Commissioner Spence -Jones: -- Carlos Gimenez. Chair Suarez: Right. Commissioner Spence -Jones: He's doing a great job with what he's doing. But just imagine, we can't even get a phone call on a wall and that's because he's got a million other things that he's trying to manage and operate and whatever else that needs to happen so -- Commissioner Gort: So does the Manager. Chair Suarez: Okay. Mayor Regalado: Can I? Commissioner Spence -Jones: So does the what? Commissioner Gort: So does the Manager. Chair Suarez: Yeah. That's all right. Commissioner Gort: Question. Chair Suarez: Go ahead, Mr. Mayor, and then -- Commissioner Gort: The Manager has got to depend on all his assistants, all -- City ofMiami Page 147 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Chair Suarez: Of course, of course. Commissioner Gort: -- these people he's got around him. Chair Suarez: Go ahead, Mr. -- Commissioner Gort: Now wait a minute. I'd like to add to her request of the records. I'd like to -- the discussion that took place before we approved the change of government in 1997. Thank you. Mayor Regalado: Right. And l just want to say, briefly, several things. First of all, we were here. Andl think that there are two people in this chamber that lived through the weak Mayor form of government where the Manager had all the power in the world -- Chair Suarez: Right. Mayor Regalado: -- all the power in the world. However, the Manager that I met was the most political person. What do you want? Chair Suarez: Right. Mayor Regalado: What do you want? Chair Suarez: And of course he could -- Mayor Regalado: Because -- Chair Suarez: -- use the sunshine. Mayor Regalado: -- he's about people. Chair Suarez: He could also use the sunshine law against the Commissioners because they couldn't talk to each other, but he could talk to everybody. Mayor Regalado: Right. And so that Manager was special. That's a good word. Then I -- Commissioner Gort: (UNINTET,T IGIBT ,F) Mayor Regalado: Yes. And then we went to the district Commission and then we went -- we approve to go to the ballot the strong Mayor form of government -- Chair Suarez: Right. Mayor Regalado: -- mirroring the -- Chair Suarez: The County, of course. Mayor Regalado: -- County, and it was exactly like the County. However, throughout all these years, there have been things in the Charter that, you know, have been not followed by -- exactly by the letter, like the temporary absent. You know, every time that any manager leaves, that is, in the last, that remember, ten years or twelve years, the Mayor will designate. Because the Manager is going somewhere or is taking a vacation, the Mayor will designate an interim manager and that's what the Charter says that it needs to be done. Whether it has to be approved by the Commissioner or something, well, that's for the Law Department to say. But what wanted to say is that Commissioner Spence -Jones -- and l just will wait that she finish. City ofMiami Page 148 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 But in the County, the appointment of the Chairman and Vice Chair by the Commission came together with a strong form of government, a Mayor form of government. Chair Suarez: Of course. Mayor Regalado: Mayor Alvarez did signature -- and I know the process -- and he did the signature after what the Commission did so it was almost parallel. But just to finish and to make a comment. Commissioner Spence -Jones, you were saying that, you know, one power. If the Mayor don't like you, they can stop the project. Well, guess what? Several years ago, during the past Administration, sometimes the Mayor didn't like me and the Manager stopped the projects in my district andl have documented that many, many times. And sometimes the area Commissioner, myself, and Commissioner Sarnoff, we were overruled by the rest of the Commission and -- because that's the way that the philosophy and, you know -- today we're paying for the sins of the past in some deals, but I think that at least you should continue this conversation and do not deny the people ofMiami the possibility of deciding on everything that -- I think it will be tragic not to give the people ofMiami all the options on the City ofMiami. Thank you. Chair Suarez: Andl agree with that last statement. I think at the end of the day -- one of the things that compelled me so much to do this is that at the end of the day, I realized that we were not making the decision. The only thing we were doing was giving the people the right to make the decision, so if they agree with Commissioner Sarnoff's logic, the Vice Chair's logic about the City's not really big enough, doesn't manage a variety of other functions that the County manages and therefore shouldn't be structured like the County or like some other big cities, they simply vote against it. Commissioner Spence -Jones: But, Francis, okay, I think that we also cleared up the issue on it will never be balanced, Francis. It will never be balanced from the standpoint of -- Chair Suarez: I don't agree. Commissioner Spence -Jones: -- we can't just say people can go out and vote on this particular issue because at the end of the day, when we're talking about all five districts, you know, from the communities I representing -- I don't care how many people I can get to vote. I could get every single person to vote in my district and still not -- still could not, you know, measure up to the number of people that will come out and vote for this item from your particular community combined. It just won't happen. Chair Suarez: I mean, I don't look at it as a community -to -community reform. Commissioner Spence -Jones: Yeah. Chair Suarez: I don't personally. Commissioner Spence -Jones: Right. But my point is -- Chair Suarez: You know what I mean? I think -- Commissioner Spence -Jones: -- it's always going to be -- in this instance, it will -- the balance will not be there, but that's fine. I think we're going to continue to have the conversation; not a issue. We'll continue to have the conversation. I think it was healthy. It's a great debate. And at this point, I'm assuming we can close out on this issue and move on -- Chair Suarez: Yeah. I mean -- City ofMiami Page 149 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Commissioner Spence -Jones: -- because I know we have -- Chair Suarez: He's been wanting to say something -- Commissioner Spence -Jones: Okay. Chair Suarez: -- so I want to recognize him. Commissioner Spence -Jones: And then you have your 5 o'clock. Chair Suarez: And think Ms. Grace and then we'll go to the 5 o'clock and then I think -- I don't know if you want to talk about the elections or not. Mr. Hatten. Anthony Hatten: Anthony Hatten, union president, Local 1907, 4011 West Flagler. No. I just like to say, as far as the strong Mayor goes, it might be -- it's just too much power for one man, and a prime example is the stadium. You know, Alvarez didn't let it go to a vote, to let the citizens vote if they wanted to pay for the stadium. He refused to do it. And now we end up with all public funds building a stadium for a private entity. Chair Suarez: With all due respect, Mr. Hatten, the Mayor of the County didn't make that decision one way or the other; didn't have the authority to make that decision one way or the other. It was up to the County Commission and the City Commission, for that matter. Even under a strong Mayor form of government, the Mayor can't decide this goes on a referendum or this doesn't go on a referendum. That's decided by the legislative body. Ms. Solares. Grace Solares: Yes. Thank you, Mr. Chair. Grace Solares, 60 Southwest 30th Road. If you think that an executive Mayor doesn't have any power, then you've forgotten the eight years that Manny Diaz was in place. Manny Diaz micromanaged his office under the title of being an executive Mayor. He controlled both Arriola and he controlled both Pete Hernandez. Pete Hernandez and Arriola did everything. All kinds of people were hired at astronomical, astronomical salaries because Manny Diaz gave the specific instruction to that -- whoever was sitting in the City Manager's office. Yes, power corrupts. And if you're afraid that one person may be corrupted because of power of the seat they hold, then, Commissioners, we need 100 Commissioners for District 5 and a 100 for yours and yours and yours and yours because each of you has an enormous power on your respective districts. So let us think twice about putting this incredible thing that becoming a strong Mayor will cause someone to be corrupted because that is not the case. We, the people, must be very careful who we choose. But thatl believe you should give the people ofMiami the ability to vote on this issue? Yes. I don't think five of you should say it's a bad thing. It's a horrible thing. People will know there's 500 and some odd thousand -- hundreds of thousands of voters or citizens in the City. How many voters? Three hundred and fifty thousand -- Chair Suarez: A hundred and seventy something, I think. Ms. Solares: -- four hundred and something. Chair Suarez: The last time I checked. Ms. Solares: I think you ought to give us the ability to actually vote. Five individuals are telling hundreds of thousands we know better than you. We know better than you. You have no right to go to the ballots and cast your vote and say yes or no. We're giving you the ability to do it and choose the kind of government you want to have. I please ask you to reconsider. And also, Commissioner Suarez, I would like to suggest an amendment that Commissioners only serve eight years, period. This musical chairs of Commissioners being off and then coming back -- andl'm not saying it because of you, Commissioner Gort. But I've heard that when you're off City ofMiami Page 150 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 the criminal, Angel Gonzalez, will be running for your position and that ought not to be allowed. So consider on -- Chair Suarez: Yes. Ms. Solares: -- just making eight years, period. Commissioner Spence -Jones: And let me just say this. Let -- Commissioner Gort: Wait a minute. Commissioner Spence -Jones: -- me say something, Grace. I think it's extremely disrespectful to call anybody a criminal. Ms. Solares: He -- Commissioner Spence -Jones: We don't know what he did. Ms. Solares: Oh, yes, he did. Commissioner Spence -Jones: We know -- Ms. Solares: No. Commissioner Spence -Jones: One second. One second. We allowed you to say what you had to say, okay. Ms. Solares: Commissioner -- Commissioner Spence -Jones: We know that he -- Commissioner Gort: That's out of order. Commissioner Spence -Jones: -- apparently -- it's out of order. Ms. Solares: Plead guilty. Commissioner Spence -Jones: We know that he cut a deal for whatever reason. Maybe perhaps he did it for his daughter. We don't know what the situation is. But to call somebody a criminal on the record is not okay. You can have your viewpoint and we respect it, but we're not going to disrespect another elected official that was sitting up here 'cause that makes me feel -- when I was not here, did you call me a criminal, too? Ms. Solares: I did not, ma'am. Commissioner Spence -Jones: Okay. I just want -- Ms. Solares: You know why? Commissioner Spence -Jones: -- to be clear. Ms. Solares: You fought your point and you won. Commissioner Spence -Jones: Okay. But that's not the issue. The issue -- City ofMiami Page 151 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Ms. Solares: He went before a judge and he had said `I am guilty, your honor." Commissioner Spence -Jones: Listen, we don't know what the situation is. Don't call anybody a criminal. It's disrespectful. Chair Suarez: All right, guys. Commissioner Spence -Jones: It's wrong. Chair Suarez: Okay. Ms. Solares: I'll bring you the court records, Commissioner. Chair Suarez: We -- both made your points. Commissioner Spence -Jones: It's wrong. Chair Suarez: You've both made your points. Commissioner Gort: It's out of order. Chair Suarez: You've both made your points. Ms. Solares: Well, I've made my point, Commissioners, please. Commissioner Spence -Jones: It's wrong. Chair Suarez: Thank you, thank you. I appreciate it. Ms. Solares: Thank you, Mr. Chair. Chair Suarez: I have no issue with that particular amendment, that a term limit is a term limit, and you have -- you serve eight years and that's it, you know. I have no issue with that, but again, that's up to the collective body. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes. Commissioner Carollo: And hopefully we could close and -- Chair Suarez: I hope so. Commissioner Carollo: -- close with some decorum. I was going to say that, you know, Ms. Solares speaks, you know, very eloquently until the very end where that was said and -- anyways, I'm not even going to go there anymore. The bottom line is, listen, whether you think the former Mayor controlled the Manager or not or back and forth, the bottom line is there was five Commissioners sitting up here. There was five individuals. I think if -- you know -- andl am really proud of this Commission because I think we have demonstrated -- we have changed the culture. I don't think with this Commission that would happen because I think first, it might be two, then three, then four. Let me tell you something -- andl always say I welcome the discussion, the debate -- I am very, very extremely comfortable coming to my colleagues and saying, colleagues, I have this issue, and know that I am being reasonable and say, colleagues, this issue going on. I need your support. We got to make this right. So I am very proud of this Commission because things that were said about the past does not happen with this Commission. City ofMiami Page 152 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Commissioner Gort: Nope. Commissioner Carollo: Which, at the same time -- it goes back to whatl said, thatl do believe changing the form of government to a strong Mayor could either be potentially very good, but at the same time, you get the wrong person there, they could run this City to the ground, andl think right now we're hesitant. As far as letting the voters decide -- and here's where I'm not going to be as politically correct and I've said it before; I'm not the best politician. I can assure you that if this Commission wants and goes out and campaign, we can pass five different forms of government. We can pass five different forms of government. We could go back to the old style. We could go back to the strong Mayor. We could do another hybrid. We could -- I am very comfortable, you know, that the money starts being raised, we start campaigning, and we could pass various forms of government, you know, so realistically, we're only allowing the residents one form. Listen, do you want to go to a storm form of government? I mean, I've -- I even went out of the box. Nothing against this Mayor. I even went out of the box. You know what? It's a good possibility we could pass a form of government where either, you know, we go back to the old style where we don't even have a Mayor and I'll campaign and say, listen, the current form of government, we only had -- the Mayor's power is only this. Do we really need that? Talk about saving money. We could talk salaries. We could talk about all the benefits. We could talk about the office, you know, sergeant of arms. We could go on and on and on and say why do we need the six, you know, elected officials. We could govern this with five elected officials. Do you want to name the Chairman the Mayor? Okay. So I really believe that, realistically, we -- I think the residents will pass various forms of government, so I'm not -- on paper, yeah, maybe if you read it on paper, it sounds good, you know, especially when she does say it so eloquently as far as let the people decide. But I think we put three forms of government out on the ballot at the same time and watch out that all three pass. So you know, I -- I'm really -- I'm not really in agreement with that. However, I go back to, you know what, let's start little by little. I don't see the great need that we need to change this government right away, you know. No. Let's go little by little, and that doesn't mean that in the future, maybe I can't support a strong form of government -- a strong Mayor form of government. Again, I think with the right person in place, definitely the City could definitely flourish, butl don't think we're there yet. I think there's a lot of other Charter reforms that we will have the consensus, and you know what, I think that's where we need to start. Commissioner Spence -Jones: And l just -- I know -- hopefully we're finishing up on this discussion, but I just think that at this point we're finally trying to at least straighten stuff out, and it just seems like every single Commission meeting we have items on here that just continue to shake the fabric of what we're trying to do. It's -- and every time we make one step forward, we're putting something else in the equation to just take us off track again. Andl'm like, we need to buckle down. We got -- we have some serious issues that we need to focus on. These kind of things, every time they come up, they take us off on what we need to do, which is, quite frankly to me, saving the City, you know. We talking about changing the form of government and we all up here know -- five of us sitting up here know that we got some real issues that we need to straighten out first and now we're talking about spending an extra -- I'm just saying -- $100, 000 to put this on the ballot. Andl'm not saying we don't need to do something, but my point is, I just -- but -- anyway, Mr. Chairman, if we can -- if you're okay with this, if we can continue to talk about this later. Chair Suarez: I mean, I don't think there's any point in continuing to talk about it right now. Commissioner Spence -Jones: Okay. So we can move on to something else? Chair Suarez: Yes. END OF DISTRICT 4 City ofMiami Page 153 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 DISCUSSION ITEM 12-00451 DISCUSSION ON THE FEASIBILITY OF IMPLEMENTING "THE HOT SPOT CAMPAIGN" CITY-WIDE, WHICH GIVES CITIZENS THE OPPORTUNITY TO ANONYMOUSLY REPORT CRIMINAL ACTIVITIES ANYWHERE WITHIN THE CITY. 12-00451 Email - The Hot Spot Campaign.pdf DISCUSSED Commissioner Spence -Jones: All right. Let me -- my issue, however, is the Hot Spots campaign. I just really wanted to make sure, in closing -- 'cause it's 12 o'clock now -- that as we move into the second phase of the Believe campaign, which is Empower, our focus is going to be on empowering residents to create safer environments. Andl want to thank Solid Waste. Keith has been working with us on that. I don't know where Luis has gone. Oh, there's Luis. And hopefully, we'll be announcing this announcement in June about the second phase of the campaign. But this -- on the Hot Spots portion of it, I wanted Keith to give you a quick, little update on what we're doing with these mailers that will go throughout the whole entire city to make sure your residents in your districts feel empowered about addressing the issue of crime and safety. So just quickly. Keith Carswell: Commissioner is correct. , Keith Carswell, director for Department of Solid Waste. We've been meeting about every other week as part of the Believe campaign. We've developed some collateral that will be going out to all the residents, Believe in a Cleaner City. And some of it includes Hot Spots information as well as recycling information. In, I think, May 24, we will be coming be -- April 24, we'll be coming before the Commission -- Commissioner Spence -Jones: May. Mr. Carswell: -- May, okay -- with the proposal for funding for the conversion to automated single -stream recycling. As part of that, we will be sending out mailers to every resident within the City ofMiami, encouraging them to recycle, and that is part of believing in a cleaner city. We've been working in tandem with the Procurement Department -- Ken has been great in working with us -- where we have an RFP (Request for Proposals) that will be going out in the next three weeks, where we will be bringing in a company that will be processing our recyclable materials. The successful proposer will be providing marketing dollars for the City as part of the mailing that will be going out to all the residents, so there won't be an impact on the general fund. The private company that will be processing our recyclable materials will be fronting the money, and that money will be used to do the mail outs. We're thinking about maybe hitting every household twice leading up to the actual implementation of the recycling program, and that is part of the Believe campaign as it relates to Believe in a Cleaner City and Believe in Recycling. Commissioner Spence -Jones: Thanks. Commissioner Gort: Commissioner, I'd like -- City ofMiami Page 154 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 NA.1 12-00513 Commissioner Spence -Jones: Thankyou. Commissioner Gort: -- to add to that. I believe the educational campaign is very important. Andl have to say, Keith, your department, we very grateful to you. Every time we call with a complaint, you guys do a great job and do it right away. But we need to educate our individuals to put the trash out at the right time. A lot of times our trucks go by, pick up all the trash, and right after the truck goes by, there goes people putting trash back out again. And somehow when you put that literature together, try to put some economic impact that they create by not following the rules or the regulations -- Mr. Carswell: Okay. Commissioner Gort: -- if possible. Because people, unfortunately, only listen to -- when their pockets get hit. Chair Suarez: Thank you. Mr. Carswell: And we will, and it's going to actually be in three languages. It's going to be in Creole, Spanish and English as well. Chair Suarez: Thank you. Commissioner Gort: Thank you. Chair Suarez: Thankyou, sir. We're going to break for lunch until 2 p.m., at which point we will take up a time certain item and the pocket items, et cetera. Thank you. END OF DISTRICT 5 NON AGENDA ITEMS DISCUSSION ITEM CHAIR SUAREZ ACKNOWLEDGED ASSISTANT CITY MANAGER ALICE BRAVO'S CHILDREN IN THE MIAMI CITY HALL COMMISSION CHAMBERS FOR THEIR PARTICIPATION IN THE BRING YOUR CHILD TO WORK DAY EVENT. DISCUSSED Chair Suarez: FR.1. Commissioner Gort: Mr. Chairman. Chair Suarez: Yes, Commissioner. Commissioner Gort: My understanding is today is Bring the [sic] Kids to Work. I see two young individuals down there that have not been introduced. Chair Suarez: Yes. I believe that's Ms. Bravo's children who are there playing with their computers. Commissioner Gort: Ms. Bravo. City ofMiami Page 155 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Chair Suarez: Hey, guys. How are you? Wave. Commissioner Gort: You enjoying seeing your mom working? Chair Suarez: What are their names? What are your names? Commissioner Gort: Will you introduce them, please? Chair Suarez: What are their names? What are their names? Alice Bravo (Assistant City Manager): Come up here. Chair Suarez: Come on up, buddy. Here, I'll give you a microphone. Come on up here. Here you go. Come here. Commissioner Gort: You're going to follow mom's footstep, you got to start young. Chair Suarez: You got to learn. See, she wants to do it. Commissioner Spence -Jones: Look at little Alice. Chair Suarez: She's totally aboard. What's your name? Aiden Bravo: My name's Aiden. Chair Suarez: Aiden. How old are you? Mr. Bravo: I'm 9. Chair Suarez: And are you having fun watching your mom work? Nadia Bravo: My name is Nadia. Chair Suarez: How old are you, Nadia? Ms. N. Bravo: Seven. Chair Suarez: You look like you're seven going on fourteen. Commissioner Gort: Yeah. Ms. A. Bravo: Twenty five. Chair Suarez: Exactly. Commissioner Gort: Thank you. Chair Suarez: Take care, guys. Have a good time today. NA.2 DISCUSSION ITEM 12-00516 DISCUSSION BY CHAIR SUAREZ ON EXPLORING THE USE OF TELECONFERENCING AS A METHOD TO INCREASE THE PARTICIPATION ON THE CITY'S BOARDS. City ofMiami Page 156 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 NA.3 12-00521 DISCUSSED Chair Suarez: I want to -- if you all will allow me a point of privilege, I just want to say going back -- 'cause I forgot to mention this before we moved off the last topic. Haydee talked about having the board meeting -- or I think it was Lillian who talked about having the board meeting as a teleconference. We do a lot of -- I mean, we're all on a lot of boards and on some of the boards that I'm on, you are able to do a board meeting by phone, by teleconference. People call in. And so I think maybe the City needs to explore that because if -- maybe not everyone can come to the -- to a meeting, whatever it may be, but it's very easy for someone to -- who's in their office to call into a number and be able to participate. And that might also increase the participation on our boards. So thank you for the point of privilege. Vice Chair Sarnoff. You could Skype. Chair Suarez: Right. Vice Chair Sarnoff. I mean, eveybody's Skyping today. Chair Suarez: Yeah. But I mean, even if you don't have that technology, which most people do at this point, but even if you don't have that technology, just a simple teleconferencing, you know, that can be done. Okay. DISCUSSION ITEM DISCUSSION BY COMMISSIONER SPENCE-JONES REGARDING COMMISSIONERS IDENTIFYING KEY DEPARTMENT DIRECTORS TO WORK WITH FOR THE PURPOSE OF BETTER SERVING THE RESIDENTS OF THE CITY OF MIAMI AND THE NEEDS OF THE INDIVIDUAL DEPARTMENTS AS A WHOLE. DISCUSSED Chair Suarez: We have four minutes left until the lunch break. Commissioner, do you want to take up the Hot Spot campaign -- Commissioner Spence -Jones: Yeah. Chair Suarez: -- or do you want to wait until after lunch? Commissioner Spence -Jones: It's really quick. Chair Suarez: Okay, perfect. D5.1. Commissioner Spence -Jones: I was trying to find -- Commissioner Gort: You want pocket items? Chair Suarez: Sure, if we have -- yeah, if we have time, but -- Commissioner Spence -Jones: Okay. I was waiting for -- Chair Suarez: -- let me let the Commissioner go first and then if there's time -- Commissioner Spence -Jones: -- Solid Waste. City ofMiami Page 157 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Chair Suarez: -- we'll do a pocket item. Commissioner Spence -Jones: I don't know where he is, but I wanted, Commissioner Gort, while we get Keith from Solid Waste -- Commissioner Gort, you mentioned something. It's not an item on mine, but I do want to just mention it about the possibilities of each one of the Commissioners, like you've been doing on your own, working along with key departments to look at things that we could do to better assist them, better assist the residents, and do it from a different perspective that can work along with maybe the assistant City Managers to do that. I've been really thinking about that andl think that that might be -- I know we can't direct directors, but think that that would be a great idea because maybe perhaps if we're sitting down with them on a one on one, we're able to hear from them what their challenges are. So I wanted to say to you, Commissioner Gort, I'd like to definitely move forward on that, especially as we go into a budget season, to maybe, Mr. Chairman, if we can identify -- Chair Suarez: Sure. Commissioner Spence -Jones: -- key departments. Andl don't know how you would want us to do this. Maybe, perhaps it's done with the Manager or done with the City Clerk, but to ident key departments. We have -- how many departments we have? Twenty -- twenty-two, twenty-four. So maybe perhaps -- how do you -- I'm asking you, Commissioner Gort, 'cause this is your -- Chair Suarez: It's almost four per Commissioner. Commissioner Spence -Jones: -- vision originally, andl think you're doing it already. Your team is already doing it. But I would like to join you on that because I do think that -- just in talking to the department heads, I think it could be helpful for them to have an open dialogue around key issues to help them better do their jobs. Commissioner Gort: We first brought this up about a year ago. Andl have to tell you, what we did is we'll sit down with the Administration and we sit down with the departments. And if we have an idea that we believe it could be -- help them and provide better service and save funds and so on, we give it to them and then they have to go to the Manager and the Manager accepts the changes. In other words, we don't order. We give suggestions. Now at one time what we did is we put the departments that make sense to put together and have those departments together because they work with each other -- Commissioner Spence -Jones: Yes. Commissioner Gort: -- and try to coordinate. I don't really think we need to assign. I think any one of us can sit down with any department and talk to them. We have the expertise of accounting and finance. We have the expertise of attorneys. We got the expertise of -- I call it Tamiami University, a doctorate degree in Tamiami University, which is the common sense from the streets, and many other expertise that we have learned from business and so on that we 're sitting down with the Administration. Sometimes you can incorporate part of the thinking of the private sector into the public sector and that's what we try to do. Andl am working on a document putting together to you all to show you what we have done, what we had suggested and how much we have been able to save the City. Commissioner Spence -Jones: Well, if you can let me know 'cause I don't want to overwork on what -- Commissioner Gort: No, no. That's fine. City ofMiami Page 158 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 Commissioner Spence -Jones: -- because I think 22 departments is a lot for us all to get to. What I'm going to make a recommendation is I'm going to identify maybe at least four or five departments that I would like to like take the time to like really kind of work with to kind of come back with some possible recommendations on how they can better, you know, not only serve their departments, but also serve the residents. So I don't know how you would want me to -- I guess I could just give it to the Manager 'cause I can't hit all 22. That's too many to hit. So -- but four or five, I can work with, ones that I work with on a consistent basis I'm cool with. Johnny Martinez (City Manager): It seems to me that that's happening already, that the Commissioners have access to all the directors. They've been instructed to be very cooperative with the Commissioners. And Commissioner Gort -- all the Commissioners regularly meet with the department directors, come up with suggestions. They bring them back and forth to myself or the ACM (Assistant City Manager) and we've been working. I don't know that we need to formally assign departments to Commissioners because you have access to all the departments. Commissioner Spence -Jones: Okay. All right, well, I can't do all 22 -- Mr. Martinez: Free access. Commissioner Spence -Jones: -- so I'm going to identify 4 or 5 that I can work with -- Mr. Martinez: That you want, and that's fine. Commissioner Spence -Jones: -- and really give you a drilldown -- Mr. Martinez: That's fine. Commissioner Spence -Jones: -- viewpoint. NA.4 RESOLUTION 12-00468 District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION NAMING THE Commissioner BASEBALL COMPLEX AT GRAPELAND PARK, LOCATED AT 1550 Wifredo (Willy) Gort NORTHWEST 37TH AVENUE, MIAMI, FLORIDA, AS THE "CARLOS 'PATATO' PASCUAL BASEBALL COMPLEX" IN HONOR OF CARLOS "PATATO" PASCUAL FOR HIS DEDICATION AND ACHIEVEMENTS IN THE SPORT OF BASEBALL; DIRECTING THE CITY MANAGER TO TAKE ALL ADMINISTRATIVE ACTIONS NECESSARY TO EFFECTUATE THE NAMING OF SAID FACILITY. 12-00468-Legislation. pdf Motion by Commissioner Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Sarnoff and Carollo R-12-0180 Chair Suarez: (UNINTET,T IGIBT,F) Commissioner Gort. I know that Commissioner Carollo is going to be joining us momentarily. Andl think Commissioner Sarnoff is in the back with the Mayor on an issue. Before starting the time certain item at 2 p.m., I'd like to take up a pocket item that Commissioner Gort had given me before the break, which has to do with Potato Pascual Baseball Complex at Grapeland Park. Commissioner Gort, would you like to present City ofMiami Page 159 Printed on 5/21/2012 City Commission Meeting Minutes April 26, 2012 ADJOURNMENT that item? Commissioner Gort: Thank you. I appreciate it. The -- I received -- I believe it was about 500 signatures, individual that benefit from Potato Pascual school of baseball academy in Grapeland Park. And they're asking for us to name the -- what they call the baseball facility, the Potato Pascual baseball stadium. Chair Suarez: Okay. Is there a motion? Commissioner Gort: It's a motion. Commissioner Spence -Jones: So moved. Chair Suarez: Moved by Commissioner Gort, second by Commissioner Spence -Jones. All in favor, signifi, by saying "aye." The Commissioners (Collectively): Aye. Commissioner Gort: Great. The meeting adjourned at 5: 58 p.m. City ofMiami Page 160 Printed on 5/21/2012