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Home My WebLink AboutCC 2013-01-10 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 1! Tf1 1s Meeting Minutes Thursday, January 10, 2013 9:00 AM REGULAR City Hall Commission Chambers City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chair Wifredo (Willy) Gort, Vice Chair Frank Carollo, Commissioner District Three Francis Suarez, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Johnny Martinez, P.E., City Manager Julie O. Bru, City Attorney Dwight S. Danie, City Clerk City Commission Meeting Minutes January 10, 2013 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM - APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PH - PUBLIC HEARINGS FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS Di - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City of Miami Page 2 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chair Gort, Chair Sarnoff, Commissioner Carollo, Commissioner Suarez and Commissioner Spence -Jones On the 10th day ofJanuary 2013, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Regular Commission Meeting was called to order by Chair Sarnoff at 9:07 a.m., recessed at 11: 01 a.m, reconvened at 11:02 a.m., recessed at 12:16 p.m., reconvened at 3:36 p.m., recessed at 6:30 p.m., reconvened at 6:44 p.m., and adjourned at 8:26 p.m. Note for the Record: Tice Chair Gort and Commssioner Spence -Jones entered the Commission chambers at 9:08 a.m., and Commissioner Carollo entered the Commission chambers at 9:12 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Dwight S. Danie, City Clerk Chair Sarnoff: Welcome everybody to the January 10, 2013 meeting of the City of Miami Commission in these historic chambers. I also want to thank the former Chair for being on time and showing us exactly what it's like to start on time and it's duly noted that he's here. He promises that as -- even though he's the right -side wingman, he will continue to be prompt. The members of the City Commission are City Commissioner Willy -- Wifredo "Willy" Gort, who is the Vice Chair, Frank Carollo, Michelle Spence -Jones, Francis Suarez, and myself, Marc David Sarnoff, the Chairman. Also on the dais are Johnny Martinez, the City Manager; Julie O. Bru, the City Attorney; and our new bright star Dwight Danie -- it's still Dwight Dania? Dwight S. Dante (City Clerk): Today. Chair Sarnoff: Today. -- Dwight Danie, the Clerk -- City Clerk, who I think well then convert over next week to our new City Clerk. So we're going to give Dwight the new shining star today. The meeting will be opened with a prayer by Commissioner Suarez and the pledge of allegiance by Commissioner Gort. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 12-01476 PRESENTATION Honoree Presenter Protocol Item Lewis V. Swezy & Mayor Regalado & Salutes Jenny C. Guzman Commissioner Gort (Stadium Apartments) Amigos for Kids Tacolcy Red Raiders Mayor Regalado Certificates of Appreciation Commisioner Commendation Suarez City of Miami Page 3 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Special Recognitions The City of Miami honors the new Miami Film Industry and movie The Last Stand: Luis Guzman, Rodrigo Santoro, Genesis Rodriguez 12-01476 Protocol Item.pdf PRESENTED 1) Mayor Regalado and Vice Chair Gort presented a Special Certificate of Appreciation to Lewis V. Swezy and Jenny Guzman of Stadium Apartments for their wonderful commitment to civic responsibility and communal welfare through generous donations and support for neighborhood projects in the City of Miami. 2) Commissioner Suarez presented a commendation to the players and coaches of the Tacolcy Red Raiders Junior Pee Wee Football Team for their serious commitment to physical excellence and their dedication to the development of team spirit and camaraderie as realized by their success in bringing home the national championship trophy as 2012 Division II Junior Pee Wee National Champions of the 56th Annual Pop Warner Super Bowl. 3) Mayor Regalado paid tribute to actors Luis Guzman, Rodrigo Santoro, and Genesis Rodriguez who star in the movie The Last Stand,"a celluloid portrayal of a classic showdown between law enforcement and a notorious drug kingpin in a little border town, by designating them _Honorary Sheriffsfor the day and proclaiming, Thursday, January 10, 2013, The Last Stand Special Screening Day'in the City of Miami. Chair Sarnoff. We i-rill now make the presentations and proclamations. Mr. Mayor, you are recognized for the record. Presentations made. [Later..] Chair Sarnoff: I'm told the actors from The Last Stand are here now. Do you guys want to let them do their presentation? Vice Chair Gort: Sure. Chair Sarnoff. All right. I think we could use a little entertainment. So -- Vice Chair Gort: It's the film industry. Chair Sarnoff: -- the film industry, 1 guess Vincent -- Is Vincent going to be presenting or --? Commissioner Spence -Jones: He went outside. Mayor Tomas Regalaldo: Right. Chair Sarnaff: Mr. Mayor, you want to present. Mayor Regalado: Well, they're here. And actually, the premiere of the movie is in Paragon, in Coconut Grove. It's a national premiere, so we're very excited that they have chose Miami to do the premiere. And we have a great number of actors -- and this movie, actually, Mr. Chairman and Commissioners, is very important. And we have to thank Vinnie because he was -- Commissioner Spence -Jones: They're not ready -- City of Miami Page 4 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Mayor Regalado: -- very active in this. So -- Unidentified Speaker: Missing one. Mayor Regalado: Oh, we're missing one actor. But that's okay because Arnold is not here, but we do have several, especially Rodrigo Santoro, also Luis Guzman and Genesis Rodriguez. And these actors are part of this movie who celebrates the law enforcement community. It's the first movie when Arnold Schwarzenegger comes hack to the film industry after being governor of the state of Florida [sic]. And they are very excited -- Chair Sarnoff: California. Mayor Regalado: -- to he here. Commissioner Spence -Jones: 1 think they said, Mr. Mayor, they're going to go upstairs first 'cause they're waiting for another person. Mayor Regalado: Okay. Commissioner Spence -Jones: So they -- we should go ahead and continue the meeting. Chair Sarnoff • We'll just -- we're going to continue going, Mr. Mayor. When you're absolutely ready, you come down. We'll stop what we're doing and -- Mayor Regalado: Okay. Chair Sarnoff: -- we'll present. Mayor Regalado: Thank you. Chair Sarnoff: Thank you, Mr. Mayor. [Later...] Chair Sarnoff: Okay. I think -- Are the Last Stand folks ready? No? Yes? Commissioner Carollo: Your 5:30? Commissioner Suarez: It's the last stand fbr Last Stand. Chair Sarnoff: It is two minutes to 5:30. Let's see if they're -- they're standing upstairs still. PZ.7, then, that would he next. Francisco Garcia (Director, Planning): PZ.7 and 8 are companion items as well. Commissioner Carollo: I see the sergeant of. [sic] arms signaling. Chair Sarnoff What, we got to go out there? Oh. Okay, looks like we're getting them done. Commissioner Carollo: They're coming? Chair Sarnoff • Now we're ready. Mr. Mayor, you're recognized for the record. Mayor Regalado: Thank you, Mr. Chairman, and members of the Commission. City of Miami Page 5 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 Presentation made. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioners) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioners) Gort, Sarnoff, Carollo, Suarez and Spence -Jones MAYORAL VETOES Chair Sarnoff • Do we have to do any minutes, approve any minutes? Dwight S. Danie (City Clerk): Yes. Commissioner Carollo: Yes. Mr. Danie: Yes. For the meeting for the -- the regular Commission meeting far December 13 and also the Planning and Zoning Commission meeting for also December 13. Chair Sarnoff: All right. Is there a motion? Commissioner Suarez: Move it. Chair Sarnoff There's a motion. Is there a second? Commissioner Spence -Jones: Second. Chair Sarnoff: Second. Any discussion? Hearing no discussion, all in favor, then please say aye. The Commission (Collectively): Aye. END OF APPROVING MINUTES NO MAYORAL VETOES Chair Sarnoff.• Mr. Clerk, are there any mayoral vetoes? Dwight S. Danie (City Clerk): No, Chair, there are no mayoral vetoes. ORDER OF THE DAY Chair Sarnoff.• We'll now begin the regular meeting. The City Attorney will state the procedures to be followed during the meeting. Julie O. Bru (City Attorney): Good morning and congratulations, Mr. Chair, on the appointment. Good morning, members of the Commission, Mr. Manager, members of the public, Mr. City Clerk, and Mr. Mayor. 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 City of Miami Page 6 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 available at the City Clerk's office. The material for each item on the agenda is available during business hours at the City Clerk's office and online at ww.miamigov.com [sic]. Anyone wishing to appeal any matter, any decision made by the Commission at this meeting may need a verbatim record of the item. Please, no cell phones or other noise -making devices. Any person who becomes unruly or makes offensive remarks will be barred from further Commission meeting attendance. Any person with a disability requiring auxiliary aids, please see the City Clerk at this time. Thank you, Mr. Chair. Chair Sarnoff: Thank you. [Later..] Chair Sarnoff: Mr. Manager, does the Administration have any withdrawals or deferrals that it wishes to make? Johnny Martinez (City Manager): Yes, Mr. Chair. 1 will go through them slowly. CA.3, defer to February 14; PH.8, defer- to February 28. Chair Sarnoff: I'm sorry, what was that one? Mr. Martinez: PH8 -- Chair Sarnoff • Okay. Mr. Martinez: -- defer to February 28; FR.2, defer to February 14; RE.1, defer to February 28; RE.3, defer to January 24; RE.6 and 7, defer to February 14; and DI1, defer to February 28. Chair Sarnoff: All right. Everybody -- did everybody get that? Is there a motion? Commissioner Suarez: So moved. Commissioner Spence -Jones: Second. Chair Sarnoff: Is there a second? Any discussion? Commissioner Carollo: Yes. 1 just want to go through it one more time and confirm the numbers. Chair Sarnoff: Go ahead. Mr. Martinez: Okay. Chair Sarnoff: Mr. Manager. Mr. Martinez: I'll start from the top. CA.3, defer to February 14; PH 8, defer to February 28; FR.2, defer to February 14; RE.1, defer to February 28; RE.3, defer to January 24; RE.6 and 7, defer to February 14; and DI.1, defer to February 28. Chair Sarnoff: DI.1, got you, February 28? Mr. Martinez: Yes, sir. Commissioner Carollo: Thank you. Chair Sarnoff: All right. Is there any further discussion? Hearing no further discussion, then City of Miami Page 7 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 please indicate by saying "aye." The Commission (Collectively): Aye. Chair Sarnoff • All in favor? It carries. I'm sorry. I apologize. I'll get the hang of it, former Mr. Chair. Commissioner Suarez: You're doing bet -- much better than I was in my first one. [Later...] Chair Sarnoff.' All right. Every Commissioner agree to just -- Vice Chair Gort: Thank you all. Thank you. Chair Sarnoff: -- continue to the next Commission meeting our blue page items? Commissioner Carollo: Yes. Chair Sarnoff: All right. This meeting is now adjourned. City of Miami Page 8 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 CONSENT AGENDA CA.1 RESOLUTION 12-01386 Department ofPublic A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BY AND BETWEEN THE CITY OF MIAMI AND NMMA BOAT SHOWS, INC., FOR THE USE OF DOCKAGE SPACE AT MIAMARINAAT BAYSIDE FOR THE PRESENTATION OF THE "STRICTLY SAIL MIAMI" VENUE OF THE MIAMI INTERNATIONAL BOAT SHOW, COMMENCING FEBRUARY 9, 2013 THROUGH FEBRUARY 20, 2013, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 12-01386 Summary Form.pdf 12-01386 Legislation.pdf 12-01386 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioners) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0005 CA.2 RESOLUTION 12-01389 Department ofPublic A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIRSPACE AGREEMENT AND ADDENDUM ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR THE CITY'S OCCUPANCY AND USE OF 2.2036 ACRES OF FDOT-OWNED PROPERTY LOCATED UNDER INTERSTATE-95 AT NORTHWEST 72ND STREET (IDENTIFIED AS PARCEL 3831 AND PARCEL 4236), MIAMI, FLORIDA, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT. 12-01389 Summary Form.pdf 12-01389 Legislation.pdf 12-01389 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0006 CA.3 RESOLUTION 12-01388 Department ofPublic A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND ADDENDUM AND AMENDMENT TO LEASE AGREEMENT City of Miami Page 9 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 ("SECOND AMENDMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR THE PURPOSE OF ALLOWING THE CITY TO USE A PORTION OF THE 36,724 SQUARE FEET (+/-) FDOT-OWNED PROPERTY LOCATED UNDER INTERSTATE-95 BETWEEN SOUTHWEST 6TH AND SOUTHWEST 7TH STREETS AND SOUTHWEST 3RD AND SOUTHWEST 4TH AVENUES, MIAMI, FLORIDA, FOR PRIVATE PARKING, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID SECOND AMENDMENT. 12-01388 Summary Form.pdf 12-01388 Memorandum of Agreement.pdf 12-01388 Legislation.pdf 12-01388 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones CA.4 RESOLUTION 12-01088 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY YASSER HECHAVARRIA, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $50,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ATTORNEY'S FEES AND COSTS, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CASE STYLED, YASSER HECHAVARRIA VS. ARMANDO ROJAS, ETAL., PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 10-cv-21417-MGC, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF ALL DEFENDANTS WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000. 12-01088 Memo - Office of the City Attorney.pdf 12-01088 Memo - Financial Signoff.pdf 12-01088 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0007 Adopted the Consent Agenda Motion by Vice Chair Gort, seconded by Commissioner Suarez, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF CONSENT AGENDA City of Miami Page 10 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 Chair Sarnoff: Do any of the Commissioners wish to have any items removed from the consent agenda or the regular agenda? All right. Do we have a motion to approve the consent agenda? Vice Chair Gort: Move it. Commissioner Suarez: So moved. Chair Sarnoff: We have a motion. We have a second. Any discussion? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. PUBLIC HEARINGS 9:00 A.M. PH.1 RESOLUTION 12-01412 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF COMMUNITY Economic DEVELOPMENT BLOCK GRANT ("CDBG") CLOSE OUT FUNDS, AS Development SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, IN THE TOTAL AMOUNT OF $438,640.30; ALLOCATING SAID FUNDS AS STATED HEREIN: THE AMOUNT OF $40,000 TO MIAMI BAYSIDE FOUNDATION, INC., FOR TECHNICAL ASSISTANCE ACTIVITIES TO BUSINESSES, $50,000 TO THE DEPARTMENT OF GRANTS ADMINISTRATION FOR THE ENVIRONMENTAL CLEANUP OF A SITE LOCATED AT 1199 NORTHWEST 62ND STREET, MIAMI, FLORIDA, AND $348,640.30 TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT CDBG RESERVE ACCOUNT FOR FUTURE CITYWIDE CDBG ELIGIBLE ACTIVITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 12-01412 Summary Form.pdf 12-01412 Notice to the Public.pdf 12-01412 Legislation.pdf 12-01412 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0001 Chair Sarnoff: Okay, we have PH.1. George Mensah (Director, Community Development): Good morning, Mr. Chair. Congratulations on your appointment. Chair Sarnoff.• Thank you, George. Mr. Mensah: This is George Mensah, director of Community Development. PH.1 is a resolution City of Miami Page 11 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 authorizing the allocation of Community Development Block Grants closeout funds, attached and incorporated, a total amount of $438, 640; allocating said funds to, 40,000, Miami Bayside Foundation for technical assistance to businesses, and 50,000 to the Department of Grants Administration, for environmental cleanup of a site located at 1199 Northwest 62nd Street. Chair Sarnoff: All right. Is -- any of the public wish to be heard on PH.1? You're recognized for the record. Grady Muhammad: Good morning, Mr. Chair. Grady Muhammad, president and CEO (Chief Executive Officer) of Miami -Dade First. Happy New Year. We're in favor of this overall, especially for the Bayside Foundation because they're doing a great jab. And we definitely encourage support because we need to help and assist more minority businesses, and we hope whatever you -- with that investigation that was called for last year with the previous hoard, it never did anything and the vacant building on 62nd. We hope whatever happens -- we don't care. But the new one, the new hoard, we're definitely in favor; and they doing a greatjoh, and we, wholeheartedly, in support. Thank you, Mr. Chairman. Chair Sarnoff: Thank you, Mr. Muhammad. Mr. Kurland. Nathan Kurland: Good afternoon. My name is Nathan Kurland, 3132 Day Avenue. Commissioners, I am the chair of the Miami Bayside Foundation. During the CDBG (Community Development Block Grant) hearings, we appeared before each and every one of you to state our case. We've given over 170 scholarships to citizens of Miami minorities. We have given over seven loans to citizen of Miami resident, businesses. And we have sponsored a program with SCORE (Counselors to America's Small Business) to provide well in excess of over 200 programs free to citizens of Miami minorities. I would encourage you, please, to vote yes for this CDBG grant. Thank you very much. Chair Sarnoff • Thank you. Anyone else wishing to he heard on PH.1 ? Hearing none, seeing none, public hearing is now closed, corning hack to this Commission. Do we have a motion? Move it -- Commissioner Spence -Jones: So moved. Commissioner Suarez: -- for discussion. Chair Sarnoff: We have a motion and we have a second. Commissioner Suarez is recognized for the record. Commissioner Suarez: Thank you, Mr. Chair. I just want to commend Mr. Kurland and the board,for their wonderful work. They really have turned it around, as Grady was saying, from a board that had all kinds of problems to a board that's incredibly productive and one of the best boards that we have in the City of Miami. So I just want to commend you for your work. Chair Sarnoff: All right. Commissioner Spence -Jones, you wish to he heard? Commissioner Spence -Jones: "just want to say ditto regarding the Bayside Foundation -- Where's Nathan? Yes. -- and the whole team because it's a team of you guys, and especially the executive director. They worked very hard in everything that we've asked them to do, at least from my community's perspective. They stepped up to the plate and did a great job. So I look forward to working with them, and I support this item 100 percent. Chair Sarnoff • Anyone else? All right, hearing no one else, then I'll bring it to a vote. All in favor, please say aye." The Commission (Collectively): Aye. City of Miami Page 12 Printed nn 2/12/2(713 City Commission Meeting Minutes January 10, 2013 PH.2 RESOLUTION 12-01413 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community and ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") Economic FUNDS FROM THE CITY OF MIAMI ("CITY") DEPARTMENT OF COMMUNITY Development AND ECONOMIC DEVELOPMENT DISTRICT 3 RESERVE ACCOUNT, TO THE DISTRICT 3 COMMUNITY CENTER PROJECT, IN THE AMOUNT OF $300,000, FOR THE PURCHASE AND DEVELOPMENT OF THE SITE LOCATED AT 1320 SOUTHWEST 12TH AVENUE, MIAMI, FLORIDA, IN ACCORDANCE WITH CDBG REGULATIONS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 12-01413 Summary Form.pdf 12-01413 Notice to the Public.pdf 12-01413 Pre-Legislation.pdf 12-01413 Legislation.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoft, Carollo, Suarez and Spence -Jones R-13-0002 Chair Sarnoff: Okay, PH.2. George Mensah (Director, Connnunity Development): PH.2 is a resolution authorizing the allocation of CDBG (Community Development Block Grant). funds, in the amount of $300, 000 from District 3 reserve account, for the purchase of the site 1320 Southwest 12th Avenue. Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Sarnoff • We have a motion by Commissioner Suarez. Commissioner Suarez: Second. Chair Sarnoff: This is a public -- Commissioner Spence -Jones: Public hearing. Chair Sarnoff: And it's second by Commissioner Spence -- Vice Chair Gort: Second. Chair Sarnoff • -- by both --Vice Chair. Commissioner Suarez: That's okay. It's fine. Chair Sarnoff: Didn't I -- did I say Carollo? I apologize. The motion was by Commissioner Carollo. The second was by Commissioner -- the Vice Chair. And public hearing is now opened. Mr. Muhammad, you are recognized for the record. City of Miami Page 13 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 PH.3 12-01414 Department of Community and Economic Development Grady Muhammad: Again, this is another project in Commissioner Gort's district. We need to get these funds expeditious -- I think -- 1320 -- excuse me, Commissioner Carrillo. My had. We need to get these funds expended because from what I've been looking at -- and when I say looking, for the last three agendas, December 12, 13, February 11, we spent seven -- or not spent. We've put $7 million in the commercial facade compliance and economic development reserve. If we continue to put these funds there, I can assure you right now we're over the HUD (Department of Housing and Urban Development) 1.5 percent ratio, and we've got to spend these funds prior to next month hecause if we do not spend these monies, these funds will he recaptured and the City will be the ones that are losing. We cannot afford any loss to these funds. Thank you, Mr. Chairman. Chair Sarnoff: Thank you. Mr. Muhammad: Commissioners. Chair Sarnoff • Anyone else wishing to he heard on PH.2? PH.2, public hearing is now closed,• coining back to the Commission. Any discussion? Hearing no discussion, all in favor, please say flye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $660,000, FROM THE DISTRICT 3 ECONOMIC DEVELOPMENT RESERVE ACCOUNT; ALLOCATING SAID FUNDS TO MIAMI DADE COLLEGE FOR PUBLIC FACILITIES AND IMPROVEMENT ACTIVITIES, SPECIFICALLY, THE REHABILITATION OF THE TOWER THEATER; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 12-01414 Summary Form.pdf 12-01414 Notice to the Public.pdf 12-01414 Pre-Legislation.pdf 12-01414 Legislation.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioners) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0003 Direction by Chair Sarnoff to the Administration to prepare a comprehensive report within thirty (30) days regarding payments in lieu of taxes to include all resolutions and/or actions taken by the City Commission to collect payments in lieu of taxes within the past ten (10) years, that also addresses all payments made to the State of Florida and Miami -Dade County by the Federal government and any payments due to the City of Miami as a result; further addressing whether the City can create an obligation for payments in lieu of taxes from the State of Florida and/or Miami -Dade County. Chair Sarnoff: PH.3. City of Miami Page 14 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 George Mensah (Director, Community Development): PH.3 is a resolution authorizing the allocation of the amount of $650, 000 to Miami Dade Community College for public facilities and improvement activities, specifically fir the rehabilitation cf the Tower Theater. Commissioner Carollo: Mr. Chairman. Chair Sarnoff: You're recognized for the record, Commissioner Carollo. Commissioner Carollo: I move it. However -- Commissioner Spence -Jones: Second. Commissioner Carollo: -- there is -- I want to do a floor amendment. Instead of 650, I think the amount was 660, six, six zero. Chair Sarnoff: All right. Does the seconder accept the amendment? Commissioner Spence -Jones: I accept the amendment. Chair Sarnof f: All right, we have a motion by Commissioner Carollo, second by Commissioner Spence -Jones. There is a public hearing, and the public hearing is now opened. Mr. Muhammad, you are recognized fir the record. Grady Muhammad: Again, 1302 Northwest 54th Street. And December 2009 was award -- well, was proposed to give to Curley's House. That's a business -- or a social service agency that needs it, and we can use these funding 'cause they gave them with a tax hill and the water hill. But here's, we have funding that we could use to pay the taxes because we have what is called the economic development fund that allows nonprofits to be able to get a loan. WDNA radio station 88.9 did it and others. But we have to think outside the box when it comes to District 5, because Curley's House is one of the most successful organizations in helping the elderly and seniors in our neighborhoods, but more importantly, the jobs that they're creating with the Marlins, the Heat, Sun Life Stadium. They're ensuring residents from the City of Miami of getting jobs at these games. When it the Marlin's games, it's three games, they have up to roughly 80 people working at those games; same thing with the national championship game that was there. So we have to start expending these funds. And since we can spend them with the nonprofit, Curley's House is a 501(c)3 nonprofit; why haven't we been able to think outside the box to help them get 1302 that was given in 2 -- or proposed to he given in 2009 and be able to allow them to he able to expand and then use some of these same funds like we all using right now, Commissioner Gort, fir Tower Theater, as well as the CCP, to he able to help purchase that property, what is already owned by the City. Donate that property to Curley's House. Help them renovate it and furnish it to be able to expand the job training as well as the elderly meal. But I'm talking like what you talking, Commissioner -- Mr. Chairman, jobs, jobs, jobs, and that's what they're providing, and they just need another facility because they're renting this facility where they at and it's inadequate and it's only literally for services for the elderly. This will he for Curley's House employment service, and they employing more people in this City than anybody else. And 1 thank you, Mr. Chairman, Commissioners. Chair Sarnoff.' Thank you. Anyone else wishing to be heard on PH.3? PH.3. Time starts running now. You got to get up there. You're recognized for the record, Mr. Cruz. Mariano Cruz: Sure. Mariano Cruz, 1227 Northwest 26th Street. I wonder (UNINTELLIGIBLE) -- 1 was hearing about -- we need so much money, for police to pay all that. The problem that City of Miami got is that we allow, like Miami Dade College, they took 'bur city blocks. That was property that were paying taxes. And I (UNINTELLIGIBLE) 27 -- 25th Avenue, 7th Street to 5th Street, all those -- four city blocks. Now they parking lots for the City of Miami Page 15 Printed nn 2/12/2(713 City Commission Meeting Minutes January 10, 2013 college. They don't pay taxes, and there were a bunch of houses that were paying. And then we worry about how we're going to get the $7 million for the police department. Because in lieu of taxes in other cities, all these organizations are paying something, something to the cities. We provide service to the college, police service, rescue service and everything and, for free? For free? No, shouldn't he. They should pay in lieu of taxes because they even raise the, fee -- the tuition fees and everything, so they charging money to the people. People are not going there for free to school. Thank you. Chair Sarnoff: Thank you, Mr. Cruz. Commissioner Carnllo, I apologize. This is not on subject. But let me just ask the Manager. It's a question that I've always concerned myself with. I thought there was something called in -kind remuneration. And I thought the federal government and the County pay us something -- they don't pay taxes, but they pay something for the services they -- Commissioner Carollo -- Commissioner Gort's recognize. Vice Chair. I apologize. Vice Chair Gort: Contribution in lieu of taxes. Chair Sarnoff: What is it? Vice Chair Gort: Contribution in lieu of taxes. Mr. Mensah: 1n lieu of taxes. That's the name. Chair Sarnoff: What's it called? Mr. Mensah: In lieu of taxes. Chair Sarnaff: In lieu of taxes. Commissioner Suarez: Contribution in lieu of taxes. Chair Sarnof f: Do we get contributions in lieu of taxes? Daniel Alfonso (Director, Strategic Planning, Budgeting and Perfarrnance): The City has not been receiving payment in lieu of taxes, for a number of years. The federal government pays it, not the state or others. Chair Sarnof f: Beg pardon. Mr. Alfonso: 1t pays it to the County. The County receives it. They too have interests in it and they're not sharing that with us. Chair Sarnoff: Why? Vice Chair Gort: Because we are not going after them. Chair Sarnoff • Why? Does anybody in the Administration have the answer to that why question? Is there anyone who's been -- is there anyone in the Administration that was aware that the County has not been paving us the in -kind contributions that they've been receiving from the federal government? Mr. Mensah: 1 can speak to the public housing part in the City. 1 believe same time ago, three years ago, the City, we went and met with the Public Housing Agency to try to get them to pay that tax in lieu of taxes. They used to pay it in the past, and then all of sudden they stopped paying it. But at that time, the County Public Housing Agency was being managed by the federal City of Miami Page 16 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 government, so they told us to wait until -- And after that time, there's been so much changes in the County, we haven't (UNINTELLIGIBLE). Chair Sarnoff: Okay, here's what I'm going to propose, and I hope the Commissioners will support me an this. I don't know what department this is, Danny, but I'm going to look at you because you're sort of a go -to guy. I'd like to know everything there is to know about contributions in lieu. I'd like to know over the past ten years what the historic breakdown of it was. I'd like to know how it was stopped, why it was stopped. And I'd like to know how much the County has received in lieu of taxes and how much they have not paid us in lieu of taxes. We certainly have some friendships, abilities with the County to find out why it is they're holding on to the City's portion, if they are, of the contributions in lieu. Mr. Alfonso: We'll find out. Mayor Tamils Regalado: Chair. Chair Sarnoff • Yes, sir. Mr. Mayor, sorry. Mayor Regalado: Just to add to the discussion, I remember about nine years ago, maybe ten years ago -- I think that Willy was in the Commission -- or could be more, we did a research and we present it to the Commission and to the Administration. What we found was the Good Neighbors [sic] policy. This is a federal -- it's not a federal law, but it's a federal program that pays the cities and the county far the use of primary services. And I presented -- I think the Commission voted in favor to ask for that money. Yeah, Willy was here. I remember. And nobody happen -- nobody did anything at the time. But I do think that the policy is still in place because we research cities like Atlanta and even Orlando and the federal government does pay. And, you know, we have many federal buildings within the municipality. So it is called, I know for a fact, Good Neighbors [sic] policy. Chair Sarnoff.' Mr. Mayor, there seems to be two issues. One issue is that I've heard -- and I only know this from this dais discussion right now so. I've been here six years. This has not come up frequently in the six years I've been here. What heard said to me a moment ago was that the federal government pays the County, hut the County has not paid us. That's one issue. Second issue is, does the County or the state owe us money for contributions in lieu 'cause they certainly have state office buildings, county office buildings? And is there an obligation or can we create an obligation for them to act as the federal government does to pay us in lieu, because we police the streets, not the County? Those county buildings, hey, should there ever be a crime committed, a riot, whatever you want to call it, it isn't the County that's coming; it's the City that's coming. So I heard two different things. And I'd like to see, 30 days, a report to this Commission so we can see where we stand on the contributions in lieu. 1t should be -- Mayor Regalado: I can tell you that there is a federal policy in place. We did not found [sic] any state or county, but there is a federal policy that -- and I remember. Willy was here and we voted on it, and I think it's not a lot of money, but it's money. Chair Sarnoff: Well -- Vice Chair Gort: My understanding, we did collect some. Chair Sarnoff: Sorry? Vice Chair Gort: My understanding is, we did collect some funds, and we went after the County and we went after the state also, utilizing the federal program. We tried to get the state and the County to implement the same program. City of Miami Page 17 Printed nn 2/12/2(713 City Commission Meeting Minutes January 10, 2013 Chair Sarnoff: Through a resolution or through a --? Vice Chair Gort: It was a resolution. Mayor Regalado: It was a resolution that I presented. I remember that many, many years ago. Chair Sarnoff: Can this report attach all resolutions, attach everything, and then -- so we can see and maybe make some sort of a strategy to collect this money? Mr. Manager. Commissioner Suarez: Yes. The answer should be yes. Chair Sarnoff.' The answer should he yes, I'm going to have Danny look into that. Commissioner Suarez: Yes, 30 days you're going to have a report. Mr. Chair, ifI may? Chair Sarnoff: Yes, sir, you're recognized. Commissioner Suarez: No. And I think -- you know, it's in line with what you started the Commission with, your idea, which is that during the day, during the office hours, the population of downtown swells. A lot of them are other governmental buildings and we have to police that. And to keep a healthy ratio of police officers to people, everyone should he doing their fair share. So 1 think -- Tice Chair Gort: (UNINTELLIGIBLE) City. Commissioner Suarez: -- we have an obligation to go after these funds on a continual basis so that we can he -- so we can help our residents who are paying, you know, the property taxes in our city. Thank you. Chair Sarnoff:: Yeah. Vice Chair Gort: District 1, we have over 45,000 individuals at any one time every day. Chair Sarnoff: You know, the City of New York deals with this day in, day out. I think they swell to over a million people and they -- and I'm not saying we should do this, but they have a commuter tax and that commuter tax is aimed at making the people that commute to the City of New York pay the taxes commensurate with the police, fire, and other services that they receive. We don't do that. But what you just said is happening, which is the citizens of Miami are paying Commissioner Suarez: They're subsidizing. Chair Sarnoff: Exactly. Fair enough. Commissioner Carollo, I apologize. Your issue did get sort of subsumed into this. Commissioner Carollo: Yes. It's just that this starting to be a usual occurrence. But anyways, with that said, you know what, there's so much discussion here that I'm just going to let it go, and let's just call the question and take a vote. Chair Sarnof f: All right. We had a motion. We had a second on PH.3. All in -- Dwight Dante (City Clerk): Excuse me. Chair Sarnoff.' -- favor, then please say aye." City of Miami Page 18 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Mr. Danie: Would you like to close the public hearing? The Commission (Collectively): Aye. Chair Sarnoff • Oh, I apologize. Let me close the public hearing. Corning back to the Commission, all in favor on PH3, please say aye." The Commission (Collectively): Aye. Johnny Martinez (City Manager): As amended, 60, right? Mr. Mensah: As amended. Commissioner Carollo: That's right. As amended. PH.4 RESOLUTION 12-01415 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community and TRANSFER OF PROGRAM YEAR 2012-2013 COMMUNITY DEVELOPMENT Economic BLOCK GRANT FUNDS, IN THE AMOUNT OF $31,330 FROM THE CITY OF Development MIAMI ("CITY") DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT -DISTRICT 5 RESERVE ACCOUNT; ALLOCATING SAID FUNDS TO THE CITY'S DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT MICRO -ENTERPRISE ASSISTANCE PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 12-01415 Summary Form.pdf 12-01415 Notice to the Public.pdf 12-01415 Pre-Legislation.pdf 12-01415 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0008 Chair Sarnoff: Okay, PH.4. George Mensah (Director, Community Development): PH.4 is a resolution authorizing the transfer of CDBG (Community Development Block Grant),fundsffrom District 5 reserve account, in amount of $31,230, and allocating it to Economic Development Micro -Enterprise Assistance program. Chair Sarnoff: All right. Let me open up a public hearing. Public hearing on PH.4 is now opened. Grady Muhammad: Grady Muhammad -- Chair Sarnoff: Mr. Muhammad, you're recognized. Mr. Muhammad: -- president and CEO (Chief Executive Officer), Miami -Dade First. We're in City of Miami Page 19 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 PH.5 12-01416 Department of Community and Economic Development favor of this, but again, we have a gentleman that's in the audience, Mr. Edward Colebrook (phonetic), Shantel Lounge. His is an application for 2012-2013. He got five points on his application, and the application was graded by a person from Housing. And the application was graded on do you have partnerships with other organizations. Do you have clientele? What's the clientele and the demographics that's going to be served? That is a social service application. Mr. Edward Colebrook and Shantel Lounge, Goombay Shantel Lounge is also a business that we're spending $85, 000 on the 7th Avenue Commercial Rehab program. I've stated many times to Mr. Mensah, he needs some help on the inside. 'Cause if he close down in the next month or two after we finish spending $85, 000 on the building on the outside, HUD (Department of Housing and Urban Development) gone want that money back. Elaine Black is the president/CEO of the Liberty City Trust. He met with her. She said there is no money. But here we have money and we're spending funding. And we need to help those businesses 'cause that's where the money keep going in the economic development reserve. Why is the funds not going out to the community? Thank you, Mr. Chairman, Commissioners. Chair Sarnoff: Thank you, Mr. Muhammad. Anyone else wishing to be heard on PH.4, PH.4. Public hearing is now closed, coming back to this Commission. Commissioner Spence -Jones: So moved. Commissioner Suarez: Second. Chair Sarnoff • We have a motion by -- Commissioner Carollo: Second. Chair Sarnoff: -- Commissioner Spence -Jones, second by Commissioner Carollo. Any discussion. Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF PROGRAM YEAR 2012-2013 COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS, IN THE AMOUNT OF $48,628 FROM THE DISTRICT 5 RESERVE ACCOUNT, IN THE PUBLIC SERVICE CATEGORY, TO THE AGENCIES, AS SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCIES, FOR SAID PURPOSE. 12-01416 Summary Form.pdf 12-01416 Notice to the Public.pdf 12-01416 Pre-Legislation.pdf 12-01416 Legislation.pdf 12-01416 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0009 City of Miami Page 20 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 Chair Sarnoff: Okay, PH.5. George Mensah (Director, Community Development): PH.5 is a resolution authorizing the allocation of CDBG (Community Development Block Grant) public service, funds, in the amount of 48,628, from District 5 to the agencies -- Commissioner Spence -Jones: So moved. Mr. Mensah: -- that's provided. Commissioner Suarez: Second. Commissioner Carollo: Second. Chair Sarnoff We have a motion by Commissioner Spence -Jones, second by Commissioner Carollo. Public hearing is now opened. Mr. Muhammad, you're recognized for the record on PH.5. Grady Muhammad: Yes, sir. PH.5, we giving funds to Curlev's House, Liberty City Community Economic Development, and my question is the Liberty City -- and I request, Mr. Chairman, my six minutes as a lobbyist, sir. And the question is is this: they've been around far six years. Mr. Manager, Danny Alonso, they have not closed on one home. You're a real estate attorney. In six months, one home in six months. They have not built any homes. The Model City Trust, of which I used to sit on, the ME grant, the neighborhood initiative grant, is from 2003. All of funds that the Model -- that the Liberty City Trust has has come from the Model City Trust. They've not raised a dime. They have not helped the business. They have not renovated a home. They have not done anything. And we're paying a salary of $100,000 to a executive director, and my question is for what? We're giving social -- public service dollars. This is supposed to be an entity that's created for economic development. We gave them in December 2011 almost -- the Housing and Commercial Loan Committee gave them funds to purchase apartment buildings. The apartment buildings are vacant, 750 and 754 Northwest 70th Street. They had tenants in those units. Now the buildings are vacant, they're vandalized, and they say there is no money to fix it. Next week Friday, at the Housing and Commercial Loan Committee, we're giving $37, 000 for housing rental. Then the next -- we've already given another $50,000 in December for Administration. Mr. Manager, why we still have -- 'cause there's been no board meetings that the community can call for the firing of Elaine Black, so I'm going to call for the firing of Elaine Black here at this Commission because of incompetence. Nothing has gotten developed in our community. And like you said, a commuter tax; she lives in Broward. And we can't get anything done in Liberty City because everything has to come through the Liberty City Trust, and she's the most incompetent person that's been here, for six years and nothing has happened in my community and it's -- Chair Sarnoff: And in conclusion. Mr. Muhammad: And in conclusion, Mr. Chairman, Mr. Manager, as I stated, I think Danny can be able to verify what I'm stating in reference to the house and she hasn't closed on in six months. Every other dime. There has been no,funding that's been raised by the Liberty City Trust. The buildings are headquartered -- Chair Sarnof f: Thank you. Mr. Muhammad: -- in Coral Gables. Chair Sarnoff. Thank you. City of Miami Page 21 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Mr. Muhammad: In conclusion -- Chair Sarnoff: No, you've had your conclusion, and I want to thank you fin- that conclusion. Mr. Muhammad.: Thank you, Mr. Chairman. Chair Sarnoff: Thank you. Commissioner Spence -Jones: Mr. Chairman. Chair Sarnoff • Yes, sir -- ma'am. Excuse me. Commissioner Spence -Jones: I would -- first of all, I'd like for staff to respond to it and then I'll respond afterwards. Chair Sarnoff: Okay. Go ahead, Mr. Mensah. Commissioner Spence -Jones: Let's deal with the houses that are not built and how many (UNINTELLIGIBLE). Mr. Mensah: I just want to say that we have eight homes currently under construction. Out cf that eight homes as part of an NSP (Neighborhood Stabilization Program) program, there is four hundred and about fifty thousand dollars that is contributed by the Liberty City Trust. They're involved in the marketing of the homes. They're involved in the -- in reviewing the -- all the home buyers that are being procured to purchase those homes. And they basically -- that's what they doing. They go around make sure the homes are being -- supervise the contractors and things like that. So they have been working in the community. With specific reference to this particular item, this was an RFP (Request for Proposals) that was put together fOr the area, specific area, and the idea was to fund public service agencies that have not been funded before. And the proposal that was put together is for job creation --job training component for that particular plan. That's why it was funded. This has nothing to do with the housing or anything that the Liberty City Trust currently does. Commissioner Spence -Jones: Right. But, George, 1 think it's important fOr you to address -- 'cause there's a question around whether or not any houses were built, and I know for a fact that ire just event out there recently and put signs up in front of the new houses. Mr. Mensah: Yes. There's eight houses that almost completed and we have buyers ready to close on those deals. Commissioner Spence -Jones: Okay. And then in reference to the building that was spoken about, the multifamily building, the rehab building. Mr. Mensah: This is a building that was purchased and we are in the process of rehabbing. A construction manager has been -- he's in the process of being hired to take over the construction aspect of those buildings, so it's going -- There are a lot of abandoned properties in Liberty City, and one of the things we are doing is try to purchase all those units, as much as we can, using the funds that we have to be able to rehab them and put them back in the market. Commissioner Spence -Jones: Right. Let me just say this because, you know, I made a vow to myself and to my heavenly Father that I was starting off this new year without allowing myself to embark on conversations that 1 think are fruitless. 1 think that it's really, really important that we get -- when we get up on the mike as public citizens and we spew things that are negative about people without the facts, I think that does a disservice not only to this community but to this Commission. I think that we have to he mindful of the things that we say about people without City of Miami Page 22 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 having the true facts. I know for a fact, for instance, that Ms. Elaine Black does not live in Broward County. She lives in Dade County. And, quite frankly, I'm a little disappointed in Grady Muhammad today and all of the negative things that he said -- has said about Elaine, he has said about the things that we're trying to do in District 5. And as a matter of fact, George also knows this as a fact, that there's more than -- I mean, we have jumped over hurdles for Grady Muhammad for all of the things that he needs to see happen within the district, not only from a district perspective but even from a personal perspective. I do not wish to put his business out in public just as he wishes to put other people's business out in public. But I would ask that Grady Muhammad reach down deep inside of his soul and inside of his spirit to make sure that when he says things that are negative about people, that he understands that it affects them in a terrible way. So I'm not just going to -- I'm not going to engage in defending Elaine, engage in defending George, engage in defending, you know, what we're doing in the district. If anybody wants to see what's happening in the district, all they need to do is go and take a look, and I'll be more than happy to show them what we're doing in the district. Chair Sarnoff: All right. The public hearing is still not closed. Anyone still wishing to be heard on PH.5? Helena Del Monte: Helena Del Monte, CEO for the Association for the Development of the Exceptional, serving over 350 adults with developmental disabilities, a very lucky recipient of some (Obese fundings [sic] and I can't tell you enough how much we need this. And I do want to say that we're one of the agencies that has 100 percent quality assurance monitoring, perfect audit, and you all know the excellent services that we're providing, so it shows the responsibility in this dais of really choosing to place these funds with agencies that are really going to make your dollar run. God bless you on the name of all the consumers we serve. Happy New Year to all. And I want to also thank the Department. Thank you so much. Chair Sarnoff: Thank you, Ms. Del Monte. Anyone else wishing to be heard on PH.5, PH.5. Public hearing is now closed, coming hack to the Commission. Any further discussion? All in favor, then please signify by saying aye," The Commission (Collectively): Aye. PH.6 RESOLUTION 12-01431 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community and TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN Economic THE AMOUNT OF $95,000 FROM THE COCONUT GROVE BUSINESS Development IMPROVEMENT DISTRICT; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT, ECONOMIC DEVELOPMENT LOAN PILOT PROGRAM FOR AWARDS TO FOR -PROFIT BUSINESSES LOCATED IN DISTRICT 2 TO RETAIN OR CREATE JOBS FOR LOW AND MODERATE INCOME PEOPLE IN ACCORDANCE WITH THE ECONOMIC DEVELOPMENT LOAN PILOT PROGRAM POLICIES; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 12-01431 Summary Form.pdf 12-01431 Notice to the Public.pdf 12-01431 Pre-Legislation.pdf 12-01431 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 23 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0010 Chair Sarnoff: PH.6 George Mensah (Director, Community Development): PH.6 is a resolution authorizing a transfer of CDBG (Community Development Block Grant) funds, in an amount of 95,000, from the Coconut Grove Business Improvement District and allocating those funds to the Department of Community and Economic Development Loan Pilot program for awards for for profit businesses in District 1. Commissioner Spence -Jones: So moved. Chair Sarnoff: We have a motion by -- Commissioner Carollo: Second. Chair Sarnoff.• -- Commissioner Spence -Jones. We have a second by Commissioner Carollo. It is a public hearing. Anybody wishing to be heard for the public? Mr. Muhammad, you are recognized. Grady Muhammad: This is a good thing again, 'cause the money's in economic reserve. This is for job creation, job retention. It's the same thing Shantel Lounge and Colbrook (phonetic) will be doing, saving jobs, but we can't seem to think outside the box. Congratulations, Mr. Chair, on this because this is how we need to continue to start to putting real dollars into businesses that can be able to retain jobs and createjobs. The micro -enterprise is great, but they really can't createjobs. Thank you again, Mr. Chairman, Commissioners. Chair Sarnoff: Thank you. Anyone else wishing to be heard on PH.6? Hearing none, seeing none, the public hearing is now closed, corning back to the Commission. All in favor, please say aye." The Commission (Collectively): Aye. PH.7 RESOLUTION 12-01460 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF FUNDS, IN THE Economic AMOUNT OF $190,500, FROM THE POVERTY INITIATIVE PROGRAM Development ACCOUNT NO. 14010.910101.882000, IN THE AMOUNTS AND TO THE AGENCIES AS SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES FOR PROGRAM YEAR 2012-2013; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCIES, FOR SAID PURPOSE. 12-01460 Summary Form.pdf 12-01460 Legislation.pdf 12-01460 Exhibit 1 SUB.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones City of Miami Page 24 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 R-13-0004 Chair Sarnoff' PH 7 George Mensah (Director, Community Development): Mr. Chair, PH.7 is the allocation of poverty initiative program funds, and this is the last allocation, in the amount of 190,500, to -- Commissioner Spence -Jones: So moved. Mr. Mensah: -- the agencies that are -- Commissioner Suarez: Second. Mr. Mensah: -- attached. Chair Sarnoff: We have a motion by Commissioner Spence -Jones, second by Commissioner Suarez. It is a public hearing. Anybody wishing to he heard on PH. 7. Grady Muhammad: Community supports this wholeheartedly, and they needs it, and we need to spend these funds, especially with all the social service agencies and all the needs in the community. This is definitely, with the antipoverty initiative, something that's very well deserved. And we need to try again -- Mr. Chair, like you talked about with the home -- not the Homeless Trust -- with the Children's Trust and all these other things to try to get some of these funding from other funding sources, just not CDBG (Community Development Block Grant), private sources, foundation, philanthropists. That's what they need to do. And this is a separate -- second and second part of funds that they can be able to use and utilize and he able to help and assist the residents in the City of Miami, and definitely, Miami -Dade First will be in favor of Thank you. Chair Sarnoff: Thank you. Anyone else wishing to he heard on PH.7? PH7, public hearing is now closed, corning back to the Commission. Any discussion or any further discussion? Commissioner -- Mr. Mensah: Can I put an amendment on the --? Chair Sarnoff: Yes, sir. Mr. Mensah: At the last -- we have Theodore Roosevelt Gibson Memorial Fund, but that's now changed to Thelma Gibson Health Initiative. Be amended. Chair Sarnof f: Maker accept that change? Commissioner Spence -Jones: Yes. Chair Sarnoff.' Seconder accepts that change? Commissioner Suarez: Yes. Chair Sarnoff: All right. Any further discussion? All in favor, then please say /lye. " The Commission (Collectively): Aye. PH.8 RESOLUTION 12-00390 City of Miami Page 25 Printed nn 2/12/2(713 City Commission Meeting Minutes January 10, 2013 Department of Public ITEM WILL BE WITHDRAWN BY ADMINISTRATION Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS BEING NEITHER PRACTICABLE NOR ADVANTAGEOUS TO THE CITY OF MIAMI FOR THE FIRE DETECTION AND ALARM SYSTEM FOR THE HYATT HOTEL AND JAMES L. KNIGHT CONVENTION CENTER ("KNIGHT CENTER") LOCATED AT 400 SOUTHEAST 2ND AVENUE, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BY AND BETWEEN THE CITY OF MIAMI ("CITY") AND HYATT EQUITIES, LLC ("HYATT"), TO PROVIDE AUTHORIZATION FOR HYATT TO PREPARE AND FINALIZE A SPECIFICATIONS CRITERIA PACKAGE ("PHASE I") AND FURNISHING, INSTALLATION, AND TESTING ("PHASE II") FOR THE REPLACEMENT OF THE FIRE DETECTION AND ALARM SYSTEM AND ASSOCIATED EQUIPMENT THAT SUPPORTS THE HYATT HOTEL AND THE KNIGHT CENTER, WITH A TOTAL PROJECT COST ESTIMATE OF $778,306 TO BE PAID BASED ON A PERCENTAGE USE OF THE SYSTEM, WITH THE CITY'S SHARE NOT TO EXCEED $238,745; FURTHER AUTHORIZING THE CITY MANAGER TO UNDERTAKE ALL REQUIREMENTS IN ORDER FOR THE CITY TO COMPLY WITH THE UNITED STATES INTERNAL REVENUE CODE OF 1986, AS AMENDED, SUBJECT TO APPROVING OPINION OF BOND COUNSEL AND CONSULTATION WITH THE CITY ATTORNEY; ALLOCATING FUNDS FOR THE CITY'S CONTRIBUTION FROM CIP PROJECT B-70414; WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID LETTER AGREEMENT. 12-00390 Summary Form.pdf 12-00390 Notice to the Public.pdf 12-00390 Memo - Waiver of Competitive Bidding.pdf 12-00390 Legislation.pdf 12-00390 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gott, Samoff, Carollo, Suarez and Spence -Jones PH.9 12-01077 Department of Police Note far the Record:: Item PH.8 was deferred to the February 28, 2013 Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA FOUR -FIFTHS (4/5THS), AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92(A)(1) AND (3) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES City of Miami Page 26 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 AND APPROVING THE PROCUREMENT OF SERVICES FROM AT&T, FOR A FULLY MANAGED, HOSTED NG911 SOLUTION, FOR THE DEPARTMENT OF POLICE, FOR AN INITIAL TERM OF FIVE (5) YEARS, WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL FIVE (5) YEAR PERIOD, AT A FIRST YEAR COST NOT TO EXCEED $2,577,778.88 AND FOR EACH SUBSEQUENT FISCAL YEAR, AT AN ANNUAL AMOUNT NOT TO EXCEED $577,778.88, PLUS AN ADDITIONAL ANNUAL AMOUNT OF $128,964.96 TO BE PAID DIRECTLY TO THE STATE OF FLORIDA FOR NETWORK ACCESS FEES, PURSUANT TO MYFLORIDANET STATEWIDE PRICES, SUBJECT TO FUTURE RATE ADJUSTMENTS BY THE STATE OF FLORIDA; ALLOCATING FUNDS FROM THE E-911 SPECIAL REVENUE PROJECT NUMBER 19-196003, AWARD 1214, ACCOUNT CODES: 12000.190351.534000.0000.00000 AND 12000.190351. 541000. 0000.00000; FURTHER AUTHORIZING THE CITY MANAGER, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID SERVICE ACQUISITION. 12-01077 Summary Form.pdf 12-01077 Notice to the Public.pdf 12-01077 Memo - Purchase Fully Managed Hosted NG911 Solution.pdf 12-01077 Legislation.pdf 12-01077 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0011 Direction by Chair Sarnoff to the Administration to prepare a status report within ninety (90) days regarding the number of double poles within the City of Miami and their projected removal. Chair Sarnoff: Okay, P11.9. Rodolfo Llanes: Good morning. Rodolfo Llanes, assistant chief. So PH.9 is ratifying and approving, confirming the City Manager's finding of a sole source, waiving requirements for sealed and competitive bidding, and approve procurement services for AT&T (American Telephone & Telegraph) for a fully managed, hosted New Generation911 solution for the Miami Police Department and the Fire, for a term of five years, with an option to renew; the first year cost being 2.5 million and subsequently 577,000 to be paid annually for access fees and funds from the E-911 special revenue project. This does not have a general fund impact. This comes from our E-911 funds. Chair Sarnoff: All right. Commissioner Carollo: Move it. Chair Sarnoff: We have a motion by Commissioner Carollo -- Vice Chair Gort: Second. Chair Sarnoff.• -- second by Commissioner Gort. It is a public hearing. Anyone wishing to be heard pursuant to PH.9, please step up. Mr. Muhammad, you are recognized. City of Miami Page 27 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Grady Muhammad: I can assure you, Mr. Chairman, when we did the thing in July of last year and we gave it from Global Spectrum to the other entity, they fired the employees that was there at that time. The mother of my son was one of those employees that worked for nine years at the James L. Knight Center. She was fired. This is public facilities, James L. Knight Center. Yes, sir. Chair Sarnoff This is PH.9. Mr. Muhammad: P -- oh, excuse me. PH.8. My had. I'm .sorry. That's what was looking at, public hearing. Give me a second, Mr. Chairman. Chair Sarnoff.' PH.9, Mr. Muhammad. It's the AT&T police 911 system. Mr. Muhammad: Please forgive nie, sir. Chair Sarnoff: 1 can't imagine you opposing it. Mr. Muhammad: Emphatically, no, sir, Mr. Chairman. And in favor. Thank you. Chair Sarnoff: Thank you. Mr. Flores, you're recognized for the record. J.C. Flores: J. C. Flores, regional director, external affairs, AT&T; in support of the item. Thank you. Chair Sarnoff: Thank you. All right, public -- Vice Chair Gort: My understanding, there's some questions to he answered about poles or --? Chair Sarnoff • Yeah. Let me just say that sometimes there's an opportunity when somebody wants something from this Commission, that you can fix a problem that has been festering in the City of Miami for a very, very long time. Interestingly enough, I don't know if Commissioner Suarez remembers this, but he walked with me predominantly in my Latin district, and we walked into a home, and a Latin gentleman came out and actually started crying because he was showing us the spaghetti wire and double pole in front of his house. And he said, all 1 want.rom you, Commissioner, is to fix this. And, you know, double poles -- I'm going to say, 60 percent of the pole -- oh, here's something you all can learn and actually be educated. Take this away and it'll actually he useful for you. All the telephone poles we see in the City of Miami, they're predominantly owned by two folks: FP&L (Florida Power & Light) and AT&T. Sixty percent of those poles are owned by FP&L. I think the FP&L poles actually have a pyramid on the top of them; AT&T's are flat. But those poles are not only used by AT&T, they're equally used by FP&L and they're also used by Cox Cable. And I'm -- Corneast, I guess, they're called now. Commissioner Suarez: Corneas( Chair Sarnoff: Right, Corneas( And got to he candid with this Commission. FP&L's always been a good partner. AT&T, through Mr. Flores' effort, has become a pretty good partner. The only reason I don't say great partner, IC., is you're just too new at the game. Corneas( however, has never stepped up to the plate. I would tell you that about 30 to 40 percent of your problems are Corneast. And believe it or not, you have to order -- first Comcast has to take theirs down and then they have an ordering process. And I almost wish our director of Public Works was here, because what we've been able to devise -- and I did not restrict this to my district. They have a plan in place -- You want to go on the record and tell us what the plan is? Mr. Flores: Sure. City of Miami Page 28 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Chair Sarnoff: Because I think every Commissioner wants to hear this. Mr. Flores: Sure. Chair Sarnoff • How many pales exist out there, double; haw much spaghetti wire, and how you're going to fix it. Mr. Flores: Sure. Basically, based off ofFPL's work that they started, they basically gridded -- or I should say created districts throughout the City of Miami. I believe they created about six districts. And the reason we did that, and we all agreed to it, was because we can all primarily focus our efforts in regions as we move,forward so we get this thing done in an expedited manner. As a result, I'm pleased to say that we at AT&T, since we met with Public Works November 5, have removed 112 AT&T poles as of January 4. And so we're continuing to expedite the process. I know Comcast has come to the table to these meetings. They've agreed and FPL as well. And I'm actually encouraged with the communication that we've had between the industry members. Vice Chair Gort: Thank you. That's great. Chair Sarnoff: Now, hear in mind, guys, we lose leverage when we vote for this today. So hefore you speak, Mr. Cruz, allow Public Works to tell us how, once we lose this leverage, we maintain some degree of leverage. Commissioner Carollo: And, Commissioner, by the way, I'm -- you know, my vote today will be, you know, with a good faith effort, that they will continue. There are still poles that Mr. Flores and I have spoken about, that FP&L and I have spoken about, poles that -- it's not just looks. It's not just aesthetics. We're talking safety. We're talking poles that are really leaning down that, at any moment, will fall, and certainly with any little storm. or, you know, wind -- like, you know, windstorm that we usually have. So, you know, I'm taking the leap of faith, you know, and showing good faith that, you know, we shouldn't hijack this process in order to do something that I think is very good, because I think our residents have definitely spoken to all of us. So I'm just -- want to say that. You know, I think we should show some good faith. Chair Sarnoff: Agreed. But let's find out from our Public Works director how -- what is it Ronald Reagan that said, I trust you, but I'd like to verify it. I think it was called in Russian (UNINTELLIGIBLE). So how do we ver it? Nzeribe Ihekwaba (Director, Public Works): Good morning, Commissioners. Public Works has been working together with all the three principal utilities and we succeeded in having a plan in place. The three respective utilities have committed to removing, on average, 60 poles per month in order to he able to eliminate the balance of 2,600 poles. Out of that 2,600, about 700 of those are within the Grove area, which is why we targeted to start from the Grove so that once we eliminate that area, we will expand it to other regions within the City. The residual power that the City may exercise once this process is completed today could he achieved through the permitting process where, if there is any type of decrease in production rates, assuming they begin to slack in their production of eliminating the poles, Public Works can now stop the process of granting you permits for the respective utilities until they come back to -- Johnny Martinez (City Manager): Go ahead. Mr. Ihekwaha: -- until we are ahle to come hack to progress. Again, like I said, I am very confident, based on my meetings with the three utilities, that they are committed to doing this. Like the Commissioner said, ire previously had issues with Comcast, but we've been able to reach out to their regional manager in Juno Beach, who was incidentally down here yesterday to meet with me, Mr. Pepe Solares, as well as J. C. Flores, and we had a productive meeting City of Miami Page 29 Printed nn 2/12/2(713 City Commission Meeting Minutes January 10, 2013 yesterday. Mr. Martinez: Zerry, can we prioritize the poles that present a safety issue for --? I know you i-vant to start where there's the most of them, but at least prioritize the ones that have a safety component to it. Mr. Ihekwaba: Yes, sir, Mr. Manager. That's part of the priorities that we have in place, to have those that pose safety concerns within the public right-of=way eliminated first before we go hack to double poles within the allies, which obviously, might not he as significant hased on the aesthetics and safety. Chair Sarnoff. So Mr. Director, presently in the City of Miami, there are how many double poles? Mr. Ihekwaha: The number I have, that has been presented to me, is approximately 2,600. Chair Sarnoff • As we sit here today? Mr. Ihekwaba: As we sit here today. However, I must caution that that is pending verification in the field. Chair Sarnoff: So could you report back to us in 90 days whether we have 2,600 or if we have 2,300 or we have 2,500 so that we can hold you personally accountable to make sure that these poles are removed and you could say to us, Well, Commissioner, even though they only took down a hundred poles, I decided to issue a hundred permits because I believed them. We may not like that. Or we might say, Zerry, that was a good idea. But I'll tell you something the former chair used to always say. I just want to hold people accountable for what they should he doing. Now, I'm surprised there are 2,000 poles in the City of Miami, and disappointed candidly. And I'm not blaming us. But it's -- this is something the citizens take notice of. So I'd like you to report hack to us in 90 days. Mr. Flores, I hope you come hack. And I'd like to hear how Comcast is still interested and still cooperative 'cause there is your -- what do they always say? That's the guy that light in the pants that's not necessarily coming to the table as vigorously as they should. Tice Chair Gort: Let me ask a question. We have contract with these individuals and we have agreements that they have to comply with certain criterias [sicJ. Mr. Ihekwaba: We do have a franchise agreement with FPL and also, I believe, with Comcast. Vice Chair Gort: Okay. Chair Sarnoff: Okay. Mr. Cruz, you're recognized for the record. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street, Miami, Florida 33142-7639. Well, as an electrical engineer and a Microsoft specialist, I have dealt with Comcast and AT&T and I prefer a lot, a lot better AT&T, especially in dealing in technical and everything. A lot better. And now there's a good competition. They are there in Midtown too. They have their office in Midtown and they service, and I am glad to see that they're there. The police department is going with that. Especially, I have a daughter in the police department, and I am glad that when she call, she doesn't get a dead spot or a problem; that she get it right away. She get a backup there. Thank you. Chair Sarnoff • Thank you, Mr. Cruz. Anyone else wishing to he heard on PH.9? Seeing none, hearing none, public hearing is now closed, coining back to the Commission. Any further discussion? Hearing no further discussion, all in favor, please say aye." City of Miami Page 30 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 The Commission (Collectively): Aye. END OF PUBLIC HEARINGS ORDINANCES - FIRST READING FR.1 ORDINANCE First Reading 12-01417 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Works 54/ARTICLE II/SECTION 54-55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/CONSTRUCTION, EXCAVATION AND REPAIR/NOTICE TO REPAIR SIDEWALKS AND CURBS", TO INCLUDE DRIVING LANES, PARKING LANES AND SWALES, AND TO CLARIFY THE EXTENT OF RESPONSIBILITY FOR ABUTTING PROPERTY OWNERS AND IDENTIFY ENFORCEMENT PROCEDURES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-01417 Summary Form SR.pdf 12-01417 Legislation FR/SR.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Sarnoff: Okay. Looks like we will start with P -- FR.1 Nzeribe Ihekwaba: Good morning again. My name is Zerry Ihekwaba, Public Works director. FR.1 is an amendment to Chapter 54 of the City Code, Section 54-55, in order to provide further clarifications as to responsibility for fixing the public right-of-way that are damaged due to the intentional or negligent acts of property owners or their agents, contractors, or assigns. This legislation is a consequence of the last discussion item hack in November that was sponsored by Commissioner Willy Gort of District 1. What the amendment to the code does is to enlarge the areas of responsibility for negligent acts of the members of the public from sidewalks, to include pavement areas, and driving lanes that perhaps could have been damaged by commercial haulers and people that dig up the street without permits, and perhaps also due to trees that are planted in the private property, that their roots have grown into the public right-of-wav to damage the pavement areas. Any questions? Vice Chair Gort: Move it. Chair Sarnoff All right, we have a motion by Commissioner Gort -- Commissioner Spence -Jones: Second. Chair Sarnoff: -- second by Commissioner Spence -Jones. This is an ordinance. Anyone wishing to he heard from the public, please step up on FR. 1. Seeing none, hearing none, coining hack to the Commission. Any discussion. Hearing no discussion, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Dwight S. Dania (City Clerk): Roll call. City of Miami Page 31 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 A roll call was taken, the result of which is stated above. Mr. Danie: The ordinance has passed on first reading, 5-0. FR.2 ORDINANCE First Reading 12-01316 Miami Parking AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Authority 35/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MOTOR VEHICLES AND TRAFFIC/PARKING RATES," MORE PARTICULARLY BY AMENDING SECTIONS 35-191 THROUGH 35-196, TO UPDATE RATES AND FACILITIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-01316 Summary Form.pdf 12-01316 Legislation (Version 2) FR.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioners) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF FIRST READING ORDINANCES RESOLUTIONS RE.1 RESOLUTION 12-01075 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE NATIONAL JOURNALISTS' ASSOCIATION OF CUBA IN EXILE, INC., A FLORIDA NON-PROFIT CORPORATION ("LICENSEE"), FOR THE USE OF APPROXIMATELY 520.5 SQUARE FEET OF CITY -OWNED PROPERTY LOCATED AT 970 SOUTHWEST 1ST STREET, OFFICES 400-401, MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING OFFICE SPACE FOR THE UNIFICATION OF CUBAN JOURNALISTS LIVING IN EXILE, COMMENCING FROM THE EFFECTIVE DATE, WITH THE LICENSEE TO PAY A MONTHLY USE FEE TO THE CITY OF TWO HUNDRED SIXTY-EIGHT DOLLARS AND 06/100 ($268.06), PLUS STATE OF FLORIDA USE TAX (IF APPLICABLE), WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 12-01075 Summary Form.pdf 12-01075 Short Form - Exempt 2011 Tax Returns.pdf 12-01075 Legislation.pdf 12-01075 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones City of Miami Page 32 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 RE.2 12-01328 Department of Capital Improvements Program Note for the Record: Item RE.1 was deferred to the February 28, 2013 Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY ("COUNTY") FOR THE REMEDIATION AND CLOSURE OF THE VIRGINIA KEY LANDFILL; FURTHER TERMINATING THE GRANT AGREEMENT WITH THE COUNTY DATED AUGUST 24, 2004, FOR THE PREPARATION OF A CONTAMINATION ASSESSMENT PLAN AND SITE ASSESSMENT REPORT AND REPLACING IT WITH THIS INTERLOCAL AGREEMENT FOR CLOSURE OF THE VIRGINIA KEY LANDFILL. 12-01328 Summary Form.pdf 12-01328 Pre-Legislation.pdf 12-01328 Legislation.pdf 12-01328 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, 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.2 was deferred to the January 24, 2013 Commission Meeting. Chair Sarnoff: All right. I think we will now go to the REs (Resolutions), which will he RE.2. And RE.2 and RE.4 should probably be heard in pari materia. Suarez might like that. So the public hearing for RE.2 and RE.4 will be open simultaneous. You're recognized for the record. Mark Spanioli: Good morning, Commissioners. Mark Spanioli, CIP (Capital Improvements Program) director. RE.2 is a resolution authorizing the City Manager to execute an interlocal agreement with Miami -Dade County fbr the remediatinn and closure of the Virginia Key landfill. Some of the highlights of the agreement are that the County will provide all the work necessary and absorb all the costs associated with the landfill closure. Commissioner Spence -Jones: So moved. Chair Sarnoff: We have a motion -- Commissioner Suarez: Second. Chair Sarnoff: -- by Commissioner Spence -Jones. Is there a second? Commissioner Suarez: Second. Chair Sarnoff Second by Commissioner Suarez. Any discussion? Commissioner Carollo: Mr. Chairman. Chair Sarnoff: You're recognized fir the record. Commissioner Carollo: Thank you. Quick question, what happens if. the cost is over 45 million? Who bears the, I guess, cost after 45 million? City of Miami Page 33 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Mr. Spanioli: The estimate in the agreement is for $46 million, though it does not show that as a cap. So the County would have to absorb all those costs if it went above the $46 million. Commissioner Carollo: So they will absorb the costs? Mr. Spanioli: That's correct. Commissioner Carollo: Thank you. Chair Sarnoff: Commissioner -- I'm sorry. Vice Chair, you're recognized. Vice Chair Gort: I have a lot ofproblems with this issue, and I've been reading a lot of the documents, and I don't have the answers to a lot of questions that I've had. I mean, we going back to the mediation. My understanding is, when I first came in in 2010, some people came up to me and asked me that they wanted to work on this $45 million that we had to do the remedies of the landfill. My understanding is, in reading the document, the original document, the landfill was closed by the federal government. My understanding, in 1977 we were clear. We were in good shape. Then all of a sudden, in 1993, '94 there was a spill of 32, 000 gallon of diesel, which came out of a tank that provides service to the County, waste and water. There's question that I'm asking that haven't been answered. I haven't seen the plan of the $45 million. This $45 million something came up long time ago, andl have not seen the study that tells them what the problem that we have now. 1 haven't seen any of that. So to me, 1 think we can do a little better than what we have. And I know the Administration have worked very hard on this, and I admire them with the work they've done, but I think we can get a lot more. And I'd like to have some time. Chair Sarnoff Alice, you're recognized. Alice Bravo (Chief of Infrastructure): Alice Bravo, assistant City manager. And in reviewing the studies that we have provided to your chief of staff yesterday or a couple of weeks ago -- Vice Chair Gort: Yesterday. Ms. Bravo: No. The studies were provided a couple of weeks ago and -- Tice Chair Gort: The original study, I read it, and that's where I got all the information to bring itforward now. M. Bravo: Right. Well, we've provided him a couple of studies a few weeks ago when the item was originally deferred and went over some of the history in there. Those documents described the fuel spills that you're stating and that those actions were cleaned up and addressed by the County and those actions were closed. Once the landfill is capped, if that landfill is found to he releasing some other contaminants, there's always room for the regulatory agencies to take action against us. In the mid' '90s they asked that methane monitoring take place. So even though the landfill was closed, there was suspicion that there was a contaminant being released. That action was closed. And in 1998 the Water Management District and the County conducted a study of the Biscayne Bay near coastal dumps and that's what led to a notice violation in 2000. That was in those documents as well. Vice Chair Gort: Okay. One of the questions I've asked is we don't have to sign the contract. Now, my understanding, this is option if we signed a contract, that we're supposed to -- our existing contract with the waste is until 2015 is my understanding. We sign a contract with the Miami -Dade County for Solid Waste to disposal in 2015 is due. If we don't sign a contract today, we still have an addition -- an additional cost today if we sign it -- this year we have an additional cost, and I don't know what this -- what the cost is going to be to us being how much City of Miami Page 34 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 more we're going to be paying now instead offer two years waiting till 2015. And I don't want to wait till 2015, but I want to make sure we get the right price. At the same time, I asked for a study. If we decide to go to Broward, since we have to go all the way to -- what is it we go? The city we go to -- Keith Carswell (Director, Solid Waste): Doral. Vice Chair Gort: Dora/. We go to Doral. There's some places in Miramar we can go to. That study I got the other day. I'm looking at it. According to the original study that I received, now that -- I understand there's another study that came out two days ago. We would still be saving money if we use that route. So I'm having the problem that some of the Commissioners have here. I don't have all the information so I will not be able to vote on this. Ms. Bravo: I'd like to give a chance to -- give our Solid Waste director a chance to go over the terms el RE.4 and the analvsis that he prepared with regard to what it would cost the City to take the solid waste to Broward County. Vice Chair Gort: When did I receive that? Mr. Carswell: I reviewed that with a member of ,your staff ,yesterday. Vice Chair Gort: When? Mr. Carswell: Keith Carswell, director for the Department of Solid Waste. As we made the rounds meeting with various Commissioners, several questions were raised and we addressed them individually based on the issues -- or questions that arise with -- by each individual Commissioner. One of the questions that canoe up in a meeting with Vice Chairman Gort was what is the cost associated with transporting the -- our garbage to Broward County. So we did an analysis. And basically, what we're talking about -- in order for our operation to go to Broward County, we're talking about one-way trips. Typically, what we try to do in balancing the routes is -- garbage, for example. We like to see them do two or three trips per day to kind of balance out and even out the routes. From an operating -- in talking with the union president, there was a point the City did take MSW (Municipal Solid Waste) to Broward County, hut by the time they do the collection, by the time you, factor in a lunch break, by the time you factor in travel time, you only are able to go on the route once, drive to Broward, and then you finish. So in looking at garbage alone for our operation, we have 23 routes. We would need to add an additional 20 trucks. We would need to purchase -- we would need to hire additional 20 operators. That's just -- in trash division, we would need to purchase 5 additional cranes, hire 10 additional -- purchase 10 additional rubbish trucks, plus you have pension costs associated i-vith that. So we went through that, and 1 reviewed that with your staff yesterday. And when you take a look at the incremental cost, because this is a cost above and beyond what we would normally have to pay, it comes out to about $68 a ton, okay. We're currently paying, on average, between going to the transfer station and going to resource recovery, which is a cheaper rate, $69.91 a ton. So based on the operational challenges associated with a one collection versus the rate that we're currently paying now, it's just -- operationally, it doesn't seem feasible or economically viable in the long run. One of the things that in working through the interlocal agreement and also in reviewing the bond documents at the County -- a little bit out of my lane -- but looking at the bond documents associated with the Virginia Key remediation is that the County has committed to defending the revenues. The County controls the permitting process. The County -- anyone that wants a transfer station, a local transfer station to take third party garbage, MSW, has to go to the County in order to get a permit, okay. What was negotiated by this Manager in the agreement, that should that golden permit ever be issued, in our interlocal agreement, it's an out provision, for the City. So if a permit is ever issued to allow a third party to accept MSW at a transfer station -- because it would make sensefrom rom that standpoint -- then we have an out provision. And again, if fwe decide to then haul up to Broward in addition to the City of Miami Page 35 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 operating costs, we're then now on the hook firr the remediation of Virginia Key. Because in the bond documents, it was indicated that approximately 45 million will be set -- it was estimated, preliminary, that 45, 46 million was needed in the bonds fbr remediation of Virginia Key. I think the first tranche was about 28 million. So it was always understood. 1t was always discussed. It was a philosophical agreement, if you will, if it wasn't legal, that the remediation would he part of the extension of the interlocal agreement for the transfer of the tonnage. Again, if the rates go down -- because the Vice Chair is right -- come 2015, there are about 17 municipalities that are currently tied to the interlocal agreement. You're absolutely correct. The only two that have signed up was North Miami and Homestead, which received remediation grants. But if the rate should drop, even though we're signing up today, we will get the benefit of the lower rate, because everyone has to pay the same rate in the system. Commissioner Suarez: Mr. Chairman. Chair Sarnoff Let Commissioner Gort finish. Vice Chair Gort: Let me, finish a minute. Keith -- and by the way, let me tell you, I think your department is wonderful. It's the greatest service because that's very important, picking up the -- the sanitation is very important. I think your department is one that's really doing a great job. Every time we call or complain, you guys respond right away. Mr. Carswell: Thank you. Tice Chair Gort: I'm just trying to get what's best for the City. What are we paying right now for tonnage? What are we paying right now? Mr. Carswell: The rates -- Tice Chair Gort: Right. Mr. Carswell: -- the rate at resource recovery -- Vice Chair Gort: Right now. Mr. Carswell.: -- is $63.65. Vice Chair Gort: Uh-huh. Mr. Carswell: The rate, if ,you go to a transfer station, any tran -- we go to the central transfer station, which is down the street, and we go to the west transfer, which is Coral Way -- Tice Chair Gort: Right. Mr. Carswell: -- the rate is $76.13. What we try to do is -- Vice Chair Gort: What's -- okay, 76. What's the new rate? Mr. Carswell: The rate that is being discussed in Broward County is $42 -- Vice Chair Gort: No, no, I'm talking about here in Miami -Dade County, if we to sign the contract. Mr. Carswell.: We would sign on at the existing rates. Vice Chair Gort: At the existing rate -- City of Miami Page 36 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 Mr. Carswell: At the current rates. Vice Chair Gort: -- for the next 15 years. Mr. Carswell: There are CPI (Consumer Price Index) potential escalation costs -- Vice Chair Gort: Right. Mr. Carswell: -- associated with that. Vice Chair Gort: So there's no increase. Now, let me ask you a question. The -- what do you call them, the central station? Mr. Carswell: Trans -- yes. Vice Chair Gort: The transfer station. Mr. Carswell: Yes. Vice Chair Gort: How many cities use that? I think we're the only one that use that. Can we get them to reduce the cost of the central [sic] -- Mr. Carswell: We've had discussions -- Vice Chair Gort: -- transfer station? I mean, that's something I would like to see. We're the only one that use it. Mr. Carswell: Can't say that we may he the -- we're definitely, I would imagine, the only municipality that -- Vice Chair Gort: We're the major clients that they have. Mr. Carswell: Yes, that is a fact. That is a fact. Vice Chair Gort: And I'm trying to get what's best for us 'cause this is a contract we're going to sign for the next 15 years. At the same time, when you look at the document, the document allow the cities to do their own remediation, to do their own process, it's done by, the City. In our contract, the County's the one's going to do it. Johnny Martinez (City Manager): What was the question, sir? Vice Chair Gort: According to the bond contracts here, the cities that had the funds for the remediation, the job was done by the City. The City selected individuals and the City make sure the jnh was done. In our new contract, the County's the one's going to he doing it. Mr. Martinez: Yeah, and that was my idea. When 'joined the City, there was a consultant on board to do the contamination assessment report, the site assessment report, the remediation action plan, the closure, and those reports had to go to the County and we were drawing from the 45 million. It got to a point where they weren't -- the County was not reimbursing us for the work that they were doing 'cause they're, you know, reviewing the documents. So as part of this agreement, we said, okay, County, we're -- it seems like we're not going to do the report to your satisfaction. You go ahead and finish the report. You're responsible for doing the closure and you're going to he giving us a million dollars a year of maintenance throughout the life of the project. So I thought it was win -win because, as Keith kind of alluded to earlier, I think we're City of Miami Page 37 Printed nn 2/12/2(713 City Commission Meeting Minutes January 10, 2013 tied to the County. The County says, okay, walk away; you don't have to do the interlocal agreement. But now we're responsible for the clean-up of the site anyway and we have to go to Broward County. When you factor in those two things, I think that the good business decision far the City -- and like you said earlier, we've worked very hard, very closely with the County, who's a home rule county, and we're tied with them with -- to traffic circles, to stop signs, we're tied to the County. But I strongly believe that this is a good thing for the City right now. We've got favored nation clauses in there. We have out clauses in case -- and I understand what you're saying. They're the permitting agencies and they'll control the permits. But if they get challenged and somehow the rates ever drop, we'll he eligible, you know, far those lower rates. But right now I only see two paths saying to the County, guess what, we're not going to do the extension of the solid waste agreement, which means we've got to go to Broward County and clean up our own site. And based on that, I'd rather extract from them the million dollars a year for -- Commissioner Suarez: Operation and maintenance. Mr. Martinez: -- the maintenance of the deep well system. Have them finish the report. Also get reimbursed $350, 000 that we've accrued in expenses, which they haven't paid us because of a lot of other things that I don't want to mention. Vice Chair Gort: Let me tell you what I'd like to see, and stated hefare. Mr. Martinez: Yes. Vice Chair Gort: Nobody in the past -- this has been going on for ten years now, and you guys have come to some kind of conclusion. I'd like to get two weeks, see if .we can even improve it a little hit more. That's my request. Commissioner Suarez: Mr. Chair. Vice Chair Gort: I'm only one vote. Chair Sarnoff: All right, you're recognized for the record' Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. And I think it's important that these two items he taken together because I think that one naturally flows with the other one. And so I don't know how much I have to add to what's already been said, but my understanding what's going on is we have, obviously, leverage because we're the largest city and we obviously have leverage because the County wants to do a deal with us and that'll probahly he a predicate and the foundation far the deal that it does with the other cities. And so because of that, we've gotten -- in addition to their commitment to do the remediation, we've gotten an additional million dollars a year in operation and maintenance beyond just the remediation which, by the way, if it costs us $68 to take it to Broward, that kind of obviates the supposed savings in and of itself: But then on top of that, if we had to remediate our own site 'cause the County says, Listen, we're not going to -- you're going to have to -- you want to take it to Broward? Take it to Broward. Now you've got to remediate your own site. To do a bond to remediate our site at that amount of money will cost us $3 million a year, plus we're going to lose out on the million dollars in operation and maintenance that we have to do ourselves after the site is closed. You know, I do have some familiarity with this because of the District 7 Commissioner, and I know that this is one of the projects that the District 7 Commissioner has allocated a significant amount of money. And I know that one of the frustrations has been that it hasn't been spent. The money's there. The money's there. It's been there for a long time. It hasn't been spent. And 1 think even the auditor general of the County chastised the County for- not spending the money. So they could spend it somewhere else. They can give it back to the bondholders. They can do whatever want with it. And my fear is that they do precisely that. I mean, the County knows how to negotiate. They City of Miami Page 38 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 know they have -- what bargaining power they have. My understanding is, legally, we have a legal requirement, since we're the owner of the land, to do the remediation. So we're lucky that the County has stepped in and said, Look, we're willing to do this far you. That's my understanding of the legal posture. Is that correct, Mr. Manager? Mr. Martinez: Yes, sir. Now, based on the model we sold the bonds, it'd he $4 million a year, just -- only a slight correction, instead of 3. Commissioner Suarez: So it would cost us an additional $4 million a year, we'd he paying more money to take it to Broward, and we lose out on a million dollars an operation and maintenance. So, personally, I wanted to commend the Administration 'cause I know that they've been working on this for a long time. I want to commend the Solid Waste director and Ms. Bravo and the City Manager. They've had countless meetings on this issue. You know, I've been in one or two of them, and I know that they've done a lot of things, putting a lot of mechanisms to protect the City in the event that things change, as I think Commissioner Gort is worried about, and I think rightfully so. You know, if something happens, if something is more, favorable to a city going forward, we should he able to get the benefit of that. Plus, if something changes in the private sector landscape, I think the Manager has also built in some protections, along with Mr. Carswell, to make sure that we get the benefit of those changes. So, I mean, for roe, this is a slain dunk but -- I mean, nothing in the City sometimes is a slant dunk. Commissioner Carollo: Mr. Chairman. Chair Sarnoff. Conmrissioner Carollo. Commissioner Carollo: Thank you. Holding this for two weeks, would it hurt anything? Are we, you know --? 'Cause I think that's what Commissioner Gort is asking for. He's saying, hey, give me an additional two weeks to review whatever documents and so forth. So I guess my question is -- Mr. Martinez: I'll -- I don't think it'll it would -- Commissioner Carollo: Would it harm. -- would there he any harm to the City if we waited an additional two weeks and we bring it back at the next Commission meeting? Mr. Martinez: Absolutely not. Our contract's not over till 2015. This is just -- Commissioner Carollo: So -- Chair Sarnoff: But before we go off this -- and 1 will support a two -week delay. And the only time I get to talk to you is up here. Vice Chair Gort: Right, yeah. I know. Chair Sarnoff: And you all heard me say this hefbre. When I go out to Virginia Key, I think to myself, who's the Commissioner of this district? Oh, that's right, it's me. And it's not anything to he proud of And yet, every one of us could he proud here if we had ball fields out there, simple little ball fields, football, soccer, whatever you want. Call it what you will. By the way, not to say that the Village of Kev Biscayne would not enjoy the use of those ball fields. So from a perspective -- from the day I walked into this Commission six years ago, we have been talking about this. But tell you a conversation I had with then -City Manager Mignya. Back in the conference when we used to have the COW (Committee of the Whole) room -- it i-vas larger -- and then -Commissioner Gimenez was there. And Migoya, in his usual style, said I'm not paying for this, and there's no way you're ever going to get me to pay for any of this. And Gimenez said and looked at the Administration of the County and said, this isn't hard to understand. The City is in City of Miami Page 39 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 crisis and there's no way they're going to ever he able to pay anything above whatever the bond amount was. So Gimenez said to them, go back, figure out a way that we become primarily responsible for this. Now, unfortunately, the County wants to link the tipping fee for solid waste to this issue. It's no secret the County is the 800-pound gorilla, and the 800-pound gorilla throws the 2-pound gorilla around as it chooses to, and we're the 2-pound gorilla. So what the Manager did -- and we'd spoke about it -- was create what's called the "most favored nation status, " which means anybody that negotiates a better rate than us, we get that better rate. I sat with Mr. Carswell and I asked him, what is the wear and tear to the brand-new hybrid trucks that we purchased for them to ride up to Broward? If don't know this, hybrid trucks don't do quite so well hauling long hauls as does a diesel truck. And 1 can get into the science of that, but take that as an absolute given. If you were to factor in the wear and tear, if you were to factor in the costs associated thereto, we would he over the 76.13 that we would be paying. It's not even a hard analysis to make. You have -- if anybody gets a transfer station, we get to opt out of the contract. Any developer, any private entity, any municipality goes and contracts and creates and permits -- and ironically, it's the County, the keeper of the key, the keeper of the key prevents the Commissioner Suarez: Transportation from being approved. Chair Sarnof f: Yeah, exactly. And we even asked if fit was constitutional. It seems to be indicated by the City Attorney's office that if a governmental entity were to hold on to that monopoly, it would probably be satisfactory. So, Commissioner Gort, 1 want you to be satisfied, but I could tell you as the Commissioner of the district, having dealt with this for six years, having negotiated with Migoya, having negotiated with Gimenez, having asked this Manager personally to get involved, having asked Alice Bravo to get personally involved, having sat with them for probably more hours than they care about, having said to them I'd like to see a ball field before I leave this Commission. And I don't think we're factoring in the quality n f life we're depriving the citizens of Miami from having because there simply aren't enough ball fields in the City of Miami, and there's just not enough raw fun land for the folks to have. And this -- you know, we talk about crime. And I know Commissioner Spence -Jones will tell me, there is a correlation to kids being idle and not having enough to do. So it's all a little piece of the puzzle. It's all a little -- it's like a great, big pizza. There's a little sliver out there that'll help the next sliver along. It's all part of it. Vice Chair Gort: Mr. Chairman, if Imay. Chair Sarnoff: You're recognized. Vice Chair Gort: Let me clarify something first. And I want to work with the County. I think we have to. I think we have to work as a team.. That's the only way we're going to get things done. But you also need to understand that when they made the bond issue in 1995, the only reason they were able to do it was because they had the pledge of the City of Miami funds. Chair Sarnoff: Right. Vice Chair Gort: Okay. So that's fund that was supposed to be coming to us 'cause they used our pledge and our revenues to do the bond issue. Commissioner Suarez: But that's why they claim that the two are tied together also. Vice Chair Gort: Right. Commissioner Suarez: They claim that the extension is tied to the bond because the bond has a longer maturity than our agreement. City of Miami Page 40 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Vice Chair Gort: All I want to see, if we can get the transfer station, if we can get some reduction, some savings. Commissioner Suarez: Look -- Tice Chair Gort: That's all I'm trying to get. Commissioner Suarez: May I, Mr. Chair? Chair Sarnofj: Let me go to Suarez and then over to Spence -Jones. Commissioner Suarez: Sure. Mine is just real quick. Listen, I don't have a problem with the two -week deferral. As everyone has stated here, you know, we're all acting in good faith trying to get this thing done and truing to get it -- the hest deal for the City. So I don't have any issue with a two -week deferral. I just -- I think the discussion was healthy. I think we got pretty much all the things out there. And look, as the Chairman said, 1 don't know -- I think most people don't know in a litigation what's going to he the outcome. You don't know if some private sector entity will come in and say we're going to challenge the County's right to, you know, administratively deny us a transfer station, and they might win. And the beauty of this agreement is that if they do win and we do get some sort of a better deal, we have the right to opt out, which by the way, I have to commend the Manager on because he stuck to his guns on that issue and on the other issue. 1 think there was two big issues. I forget what the other one was. Mr. Martinez: No minimum that we have to -- Commissioner Suarez: Right, right. Mr. Martinez: -- (UNINTELLIGIBLE) was also huge .for me. Commissioner Suarez: And you know what, you just reminded me of another thing, which is that this whole thing is minimized by the fact that thanks to the Chair's leadership as a Commissioner, we have a recycling program that, right now, is going to he generating a tremendous amount of income for the City of Miami and generating a tremendous amount of -- well, reducing our costs in terms of what we tip. And then we also have the clean yard program. So we have -- you know, our tipping expenses are going to continue to go down further and further and further. Mr. Martinez: Our estimate, Commissioner, it's going to go down from close -- between nine to ten million down to seven million. Mr. Carswell: And just, for the record, through last week -- remember when we did the presentation -- we collected about 3,000 tons of recycling a year. Through last week, we're at 2,800 tons already for the year. Commissioner Suarez: Well, I mean, that's a blessing. Tice Chair Gort: That is doing good. Mr. Carswell: In addition to that, with the clean yard waste, which we assume could be clean yard trash that can go other than to the County -- between recycling and the clean yard waste disposal, we're looking at saving a little over two million in tipping fees right now so. Chair Sarnoff • You know, Mr. Carswell, just to comment on that. I was here -- I think Commissioner Spence -Jones was too -- when we won the cleanest city in America award, and I never truthfully really thought we were the cleanest city in America, but we did win it. You might City of Miami Page 41 Printed nn 2/12/2(713 City Commission Meeting Minutes January 10, 2013 want to reapply because I got to tell you, we are a much -- Commissioner Spence -Jones: I remember. Chair Sarnoff • -- greener city just in that simple process that we put in place. And another person that deserves a kudos is you. You -- and I've said it before, but as long as, you know -- I guess when you're Chair, you get to say nice things. Great job on that. You -- every issue you tackled, you tackled it like a gentleman. You were a scholar. You did a great job on that. Everything you said would happen is not only happening hut happening about 10 to 15 percent better -- Commissioner Suarez: It's over performance. Chair Sarnoff: -- than you said it would, so thank you. Mr. Carswell: Well, thank you. And it takes a team effort, so those at the Solid Waste Department, thank you, and also the Manager and his support. It's been challenging but he's been unwavering in his support. Commissioner Spence -Jones: Mr. Chairman. Chair Sarnoff: Yes, ma'am. Commissioner Spence -Jones: I just -- first of all, I think we all acknowledge that whenever a district Commissioner has asked for something to be deferred or have more time, we all respect that, at least we try to. So I'na actually the person actually made the motion, but what I would like to do just in -- just for a matter of respect, to at least allow the County to put something on the record as well, and 1 think we do have the department director. Mr. Carswell: Director, who is no stranger to the City. Commissioner Spence -Jones: Okay. I just would like for her to put her comments on the record. Chair Sarnoff: That looks like a famous person here. Kathleen Woods Richardson: Oh, boy. Good morning, Commissioners, Mr. Mayor. Vice Chair Gort: She looks familiar. Ms. Richardson: Thank you for having us here. Chair Sarnoff. Put your name on the record. Ms. Richardson: Kathleen Woods Richardson. I'm the Public Works and Waste Management director for Miami -Dade County, former director for City of Miami Solid Waste Department, proudly. I do appreciate your efforts this morning in moving this item forward. 1 do want you to know that we have worked really hard, and your staff have been troopers, tough troopers in getting this item to where it is. Commissioner Suarez, we've had meetings with him and numerous meetings with the Mayor. And we can't count the time we've spent with your staff in trying to get to this. This is a hard fought -- fight to make sure that all of the interests, the hest interests of the County and the City have been protected. I know that there were some things that we have in disagreement that, you know, we have to go and stretch to make sure that we put them there. But I want you to know that the County is always sensitive to those changes that occur in the waste industry, and so things that happen outside of our county do impact us. And as the City is our largest municipal customer, we are, the County, our own largest waste customer so, City of Miami Page 42 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 certainly, what would affects you would affect us a lot more. So we're working and continue to work that, as the industry change, we have to adjust to make sure that we protect our own real interests. So those concerns are certainly forefront in our mind. The two -week delay is not going to hurt us in any way. We do have some time on this, although we'd like to get it done as quickly as possible. So we have no problems with that. And to let you know that I am, as well as anyone else in my staff are available; that if you want us to sit with you, you have some concerns or some questions, we'll be available to address those. Vice Chair Gort: I would appreciate that because I -- Ms. Richardson: Certainly. Vice Chair Gort: -- I've not been part of any of the meetings, so I would love to meet with y'all. Ms. Richardson: Gladly. Vice Chair Gort: Thank you. Ms. Richardson: Certainly. Chair Sarnoff: I wouldn't have ordinarily opened up a public hearing, hut since the County spoke, I'm going to get you speak. Joe Simmons: Thank you, sir. Happy New Year to everyone. Joe Simmons, Jr., president of the sanitation workers union -- Vice Chair Gort: He should he on the radio. Mr. Simmons: -- AFSCME (American Federation of State, County, and Municipal Employees), Local 871. Just a couple of comments. I agree with Mr. Carollo about seeing -- I mean, Mr. Gort -- Commissioner Gort about a lower rate, hopefully. What we would like to have taken into consideration as part of y'all discussions during the two weeks before you're going to look at it again, if it doesn't pass today, is to consider us having the same rate, dumping our material on the resource recovery or the 20th Street land -- the 20th Street transfer station, which is, by the way, one block away. It will save us on labor cost, fuel, wear and tear, maintenance on our vehicles. So I know there was a discussion about going to Broward, but that was 15 years ago, and we had all new fleet. That's what we'd like to have considered. But we do support the item generally speaking and, you know, that's going to maintain the level of jobs the County and City ofMiami because those are our same counterparts in the County and we support it wholeheartedly. Thank you. Vice Chair Gort: Thank you. Chair Sarnoff: All right, procedurally, what I think we need to do is have the maker withdraw the motion. Commissioner Spence -Jones: I withdraw the motion. Chair Sarnoff: And now the maker can make a new motion. Commissioner Spence -Jones: I make a motion that we hear this item -- Tice Chair Gort: Next Commission meeting. Commissioner Suarez: Defer it to the next Commission meeting. City of Miami Page 43 Printed nn 2/12/2(713 City Commission Meeting Minutes January 10, 2013 RE.3 12-01340 Department of Capital Improvements Program Commissioner Spence -Jones: -- next Commission meeting be okay? Vice Chair Gort: Yeah. Chair Sarnoff.' All right, we have a motion to defer it for the next Commission meeting. Commissioner Suarez: Second. Chair Sarnoff: Is there a second? Commissioner Spence -Jones: Second. Commissioner Suarez: Second. Chair Sarnoff: We got the motion maker Commissioner Spence -Jones. It looks like Suarez is trying to say yes. Commissioner Suarez: I'll second it, yes. Commissioner Spence -Jones: Yes. Chair Sarnoff • There you go. All in favor, please signify by saying dye." The Commission (Collectively): Aye. Chair Sarnoff All right. Mr. Martinez: That was -- Mr. Chair, that was RE.2 and 4 both. Chair Sarnoff RE.2 and RE.4. Commissioner Spence -Jones: And 4. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING A GRANT TO THE MUSEUM OF SCIENCE, INC. D/B/A MIAMI MUSEUM OF SCIENCE AND PLANETARIUM ("MMOS"), TO SUPPORT THE DEVELOPMENT OF A NEW SCIENCE MUSEUM AND PLANETARIUM FACILITY IN THE CITY OF MIAMI-OWNED BICENTENNIAL PARK, IN AN AMOUNT UP TO $548,375; ALLOCATING SAID FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-78502A, ENTITLED "MUSEUM OF SCIENCE -DEVELOPMENT IN BICENTENNIAL PARK"; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER 3 TO THE EXISTING PROJECT CO-OPERATION AGREEMENT, AS AMENDED, WITH MMOS, IN SUBSTANTIALLY THE ATTACHED FORM, TO INCREASE THE FUNDING UNDER THE GRANT AGREEMENT FROM AN AMOUNT OF $2,151,625 TO AN AMOUNT UP TO $2,700,000, FOR SAID PURPOSE. 12-01340 Summary Form.pdf 12-01340 Legislation (Version 3).pdf 12-01340 Exhibit 1.pdf City of Miami Page 44 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note far the Record: Item RE.3 was deferred to the January 24, 2013 Commission Meeting. RE.4 RESOLUTION 12-01336 Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Waste ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY ("COUNTY") AND CONTRACT CITIES FOR USE OF THE COUNTY SOLID WASTE MANAGEMENT SYSTEM FOR SOLID WASTE DISPOSAL OF MUNICIPAL SOLID WASTE. 12-01336 Summary Form.pdf 12-01336 Legislation.pdf 12-01336 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Nate far the Record: Item RE.4 was deferred to the January 24, 2013 Commission Meeting. Chair Sarnoff And non' we have a non -agenda item, which -- Commissioner Suarez: Do you want us to take it separately? Chair Sarnoff -- we will start with. And Commissioner -- Dwight S. Dania (City Clerk): Excuse me. Can we do --? Commissioner Suarez: Both of the deferral separately. He wants to do the deferrals separately. Chair Sarnoff: Sorry? Mr. Danie: Can we separate those items for --? We have two votes an -- Chair Sarnoff:' Oh, two votes. Pin sorry. Mr. Danie: Yes. Chair Sarnoff (UNINTELLIGIBLE). Commissioner Carollo: I make a motion to defer RE.4 to the next Commission meeting. Commissioner Suarez: Second. Commissioner Spence -Jones: Second. Chair Sarnoff: You're accepting that as RE.2's'notion, right? Okay. We have a motion. We have a second. Any discussion? Hearing no discussion, all in favor, please say aye." City of Miami Page 45 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 The Commission (Collectively): Aye. Chair Sarnoff: Okay. All right. Commissioner Spence -Jones: Mr. Chairman, is this the 11 o'clock time certain? Chair Sarnoff: It is. Commissioner Spence -Jones: Okay. Can 1 have a minute, please, if you don't mind? Chair Sarnoff: Absolutely. Go ahead. Commissioner Spence -Jones: I just need to do something. Chair Sarnoff: You want to do a quick recess? Vice Chair Gort: Yeah, five. Chair Sarnoff: Let's do a -- to give you guys -- let's do a real ten-minute recess. Manuel Orosa (Chief of Police): Commissioner, sometime ago we had discussions about buying police equipment and trucks and stuff like that. We have some in. It's outside. Whenever you guys break for lunch, if you want to get a little tour -- Chair Sarnoff: Can we go lights and siren? Just kidding. Police Chief Orosa: Excuse me? We got a few trucks, a new police car, a light system, so that whenever y'all break, for lunch, if you want to go through the equipment, it's out there. Vice Chair Gort: I don't want to use it though. I don't want to use it. Chair Sarnoff: You don't want to he in the hack. RE.5 RESOLUTION 12-01385 District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioner Marc [OPPOSING/SUPPORTING] ULTRA MUSIC FESTIVAL'S REQUEST TO THE David Sartzoff FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") TO CLOSE THE NORTH BOUND LANES OF BISCAYNE BOULEVARD FROM THE CHOPIN PLAZA TO NORTHEAST 6TH STREET, MIAMI, FLORIDA, FOR A TWO -WEEKEND EVENT ON MARCH 15, 2013 THROUGH MARCH 17, 2013 AND MARCH 22, 2013 THROUGH MARCH 24, 2013; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO FDOT. 12-01385 Legislation.pdf 12-01385-Submittal-Brian May.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0018 City of Miami Page 46 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Chair Sarnoff: All right, so I guess we will hear -- I think it's RE.5 and Supplemental Agenda item, Ultra. Commissioner Carollo: Can we hear them simultaneously so it's --? Chair Sarnoff.' Absolutely, absolutely. You want to do a presentation? Mr. May, you represent Ultra? Brian May: Yes. Chair Sarnoff • You are Ultra? Mr. May: I am not Ultra. Actually, Ultra is here with me, though, today. I have Ray Steinman and Russell Faibisch and Adam Federman with me, all partners in Ultra. I'm Brian May, representing Ultra in this matter. As you know, we all saw each other about a month ago, where we considered the traffic plan at that time. That item was deferred until today, and then, of course, there's the supplemental agenda item. I would like just to start out by saying at the last meeting I put on the record a number of the downtown neighbors that we had met with, including the Intercontinental, Miami Center, 200 South Biscayne, Vizcayne, 50 Biscayne, Bayside, who's here in support this evening, and American Airlines Arena, amongst others. And that was -- you know, and we've documented in a letter that each of you have received all of the outreach that we've undertaken, both before and after the December meeting to try to resolve as Many of the disruption and mitigation issues that we could do. So I want to first put that letter into the record, if you don't mind. And I also would like to put into the record while I'm at it -- Vice Chair Gort: Can I get a copy of the letter? Mr. May: I'm sorry? Vice Chair Gort: Can I get a copy of the letter? Chair Sarnoff: Commissioner Gort wants to see a copy of the letter. Mr. May: Sure. Yeah, you -- Chair Sarnoff. Hand it to the Clerk and he'll hand it around to us. Mr. May: -- received a copy of it. And I also want to put into the record the traffic study that we submitted at the last Commission meeting, as well as the economic impact study, which we have referred to in the past and will a little bit tonight. Mr. Chairman, Commissioners, as you all know, Ultra is getting ready to hold its 15th event here in Miami. And since 2001, hold its 12th consecutive event either at Bayfront Park or Bicentennial Park; had to do a little math there for a second. And the event, as well as downtown, has grown considerably over the years. The event has grown considerably, downtown has grown considerably in terms of residents, as well as businesses and restaurants. And of course, with the growth of -both of -those things, we do have issues that have to be dealt with. But what gets lost, 1 think, in all of the issues, is the economic impact and the branding value,frankly, that the event brings to the City of Miami. Last year, it was a record event on one weekend with 165,000 people passing through the gates over the three-day period and marking about $79 million of economic impact in accordance with our study. This year, we estimate, with the proposed two weekends, that we would generate about 300,000 people through the gates over a six -day period and also generate upwards of $150 million in economic impact. So while the event has its challenges and it has its issues, it certainly has its benefits. And there are plenty of -restaurants, hotels, and merchants downtown who would attest to that, as well as hotel owners and restaurants and other folks throughout the area. We're here tonight because we really would like the Commission to approve of a second City of Miami Page 47 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 weekend. In our letter, we have taken some extraordinary steps and some additional steps to try to mitigate especially the Friday issues with the event. As you know, we've had issues with downtown law firms and professional firms who have complained about the closing of Biscayne Boulevard last year an the Thursday preceding the Friday of the event, as well as the noise issues that have taken place, you know, during that Friday, which can he disruptive, we all agree. In that regard, in our letter, we -- I do point out that we have agreed to -- if amenable to the Commission, to rather than close the boulevard on the northbound lanes on Thursday night at 10 p.m., to defer that WI 10 a. m. on Friday morning so that we can actually get the downtown workers into their buildings through those -- that day. When they come out, the traffic plan that we have proposed, which you all have seen, would kick into effect and would, we think, get people out of the buildings much quicker and much more efficiently than we were able to do last year. In addition to that, we have put a ban on any noise checks or any sound corning out of our sound system until 4:30 in the afternoon. In addition to that, I've listed in the letter all of the specific mitigation issues that we have undertaken with the stakeholders with whom we've met. I will just categorize those briefly without getting into all the specifics. But we are certainly going to pay far and put on the ground, for instance, at the Miami Center and Intercontinental, combine on those two properties, which, you know, basically abut the park five additional off -duty officers -- three at the Miami Center, two at the Intercontinental -- simply to deal with any crowd congregation issues on those properties, as well as to help both of those buildings get people in and out of the buildings from a traffic standpoint, including anything that would happen with regard to the loading dock. The other significant thing that I would put on the tahle is we're doing similar things up and down the boulevard, but specifically, with Bayside. And Pam Weller's here tonight from Bayside in support. We are taking -- going to great lengths to work with Bayside to make Bayside more a part of the event this year, including providing some program on site for them at our expense, as well as putting certain things potentially on the site -- could he will call -- those types of things, to try to drive traffic to Bayside as well. And we've also provided and have agreed with them that we will market Bayside actually on our site itself as a destination fir our visitors to eat and to shop before and after the events. So with that, 1 would just like to say, you know, it's a somewhat difficult issue, depending an where you sit. Everybody has a different perspective and a different point of view. I can only tell you that Ultra Music Fest and the three partners specifically that are sitting here, I can attest have gone beyond the call of duty and done everything in their power to try to address as many issues that are possible to address with regard to the event. So with that, I'm here to answer any questions or address any issues, and we respectfully ask that you will approve the traffic plan and approve of the second weekend. Thank you. Chair Sarnoff: Thank you. All right. Does any Commissioner want to say anything? Commissioner Suarez: You want us to chime in first or you want to chime in first? Chair Sarnoff • You mind if7 chime in first? Commissioner Suarez: No, not at all. Chair Sarnoff: It's unusual far the Chair, hut it might he useful. Let me start by sort of setting the record straight because a lot of news organizations and blogs and magazines and whatever decided to say that I wanted to kill the second weekend of Ultra. And what happened is, Ultra was selling the second weekend prior to ever coming before anyone and asking permission for that second weekend, so it is very much akin to selling movies to -- selling tickets to a movie theater without having rented the movie theater ahead of time. So it was never I was trying to kill the second weekend; it is that they had never sought permission. And with regard to Ultra and the second weekend, you know, there's a vision for downtown and that vision is simply that this is the business core for the City err -Miami. And while you can withstand a weekend of Ultra, the question is, Can you withstand two consecutive weekends of Ultra with people staying over from the Friday before all the way to the end of the Sunday. And it was my estimation and my City of Miami Page 48 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 opinion, based on private conversations with a lot of folks, that it was just an undue burden on the business community for the City of Miami. Now there's no doubt Ultra brings a certain type of business. It brings a certain type of burden. It brings economic realities. But there are other economic realities that Ultra equally brings. For instance, the amount of arrests that occur. One of your- Bayfront hoard members told me you only had six arrests. And I was like, wow, that was a pretty efficient weekend. Turns out you had 71 arrests. Earlier today, we saw a (UNINTELLIGIBLE) study on what an arrest costs the City of Miami. And ironically, Ultra doesn't bring a dollar to the City of Miami. It may bring 1.3 million to the Bayfront Trust, but the Bayfront Trust doesn't have a police force. The Bayfront Trust doesn't have fire -rescue. The Bayfront Trust doesn't have a hospital. The Bayfront Trust doesn't transport people to and, from the festival to either prison -- or I should say jail -- or to Jackson Memorial Hospital. I could give you the numbers of that transit happening as well. And then there's the issue that police officers do get sued, and they get sued by people who are at Bay -- at this festival, and it happened to the City of Miami. In accordance with the agreement entered into by Bayfront Trust, one of our police officers was sued, as is the City of Miami being sued. In accordance with that indemnification agreement, it is incumbent upon -- what is the name of the corporation that entered into the agreement? Mr. May: Ultra Music Festival -- Chair Sarnoff Inc.? Mr. May: -- Inc., I believe. Chair Sarnoff: So Ultra Music Festival, Inc. What is it? Mr. May: Ultra Music Festival Group. Chair Sarnoff • Inc., I think. Mr. May: Yes. Chair Sarnoff: There's some corp -- is this an SPE, single purpose entity? Well, I'll go on. Single purpose entity. So we know that the City of Miami tendered the defense of this case. We know that Ultra purchased some insurance and Ultra has said to the City of Miami, Hey, City -- and I'm going to be colloquial, if you don't mind -- we're going to send it to our insurance company, and our insurance company will decide whether there's coverage. But if there's not coverage, we are left with -- I think it's three -- correct me if I'm -- officers and the City of Miami defending itself for, more or less, assault and battery, overuse of excessive force, the usual things that we tend to get sued fir at these big festivals. We will incur three separate attorneys and we will incur whatever settlements we have to deal with. I've estimated that could he anywhere between 250 to $750,000, depending upon the severity of the injury. But the City of Miami will receive no compensation fir that unless the insurance company picks up coverage, and that we just don't know yet. Mr. May: That's not what our letter said, Commissioner. Chair Sarnoff: No, no, I understand. Your letter said the SPE, the single purpose entity, will defend the City of Miami. The single purpose entity will defend -- Mr. May: Commissioner, let me justput on the record so we're all very clear, because we did this outside with one of the officers. Chair Sarnoff: Okay. City of Miami Page 49 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Mr. May: Okay. The -- two of the six officers who are being sued have requested for defense. Chair Sarnoff Okay. Mr. May: In the normal course of business when we have insurance, the first thing we have to do is turn that over to the insurance company because we buy insurance so that they, if something happens, will make the defense and pay the claim. We have never said that we would not indemnify the City or live up to the agreement, if that wasn't the case. And inflict, we committed to the officer in front of the Mayor, less than an hour ago, that we would agree to indemnify the City against all these claims. And if the officers are part of the City, they're a part of the City and u'e indemnify them for those claims. Chair Sarnof: No, no. And all I'm saying to you, Mr. May, is your insurance company right now is deciding whether there's coverage to defend the people that you've -- Mr. May: Sure. Chair Sarnoff: -- indemnified. Mr. May: Right. Chair Sarnoff: And in the event your insurance company decides it had -- it does not have coverage, it is left to the single purpose entity to then defend the City of Miami, maybe assign us your rights to the insurance company. But the point is, there is a cost associated herewith to the City of Miami and to the various police officers. For instance, I know one of the police officers has chosen Mr. Klausner to be his attorney. All Pm suggesting to you is, there are costs associated with Ultra that are not being reimbursed to the City because the City receives no money from Ultra. The City doesn't get one dollar from Ultra. The Trust gets -- Mr. May: Is the Bayfront Park Trust an agency of the City? Chair Sarnof f: But the Bayfront Trust does not support the general fund, the police department, fire and rescue. It doesn't put a dollar towards it. So that was one of nay concerns for it. Oh, I'm sorry. Have they in the past? Commissioner Carollo: Mr. Chairman. Chair Sarnof f: You're all -- Let me finish 'cause I know you're going to -- I'm not unaware of what we're going to say. I'm bringing up my issues -- Mr. May: Agreed, absolutely. Chair Sarnof: -- prior to. Mr. May: Absolutely. Chair Sarnoff • And my biggest issue, Brian, is the vision for the City of Miami. And I just don't share your vision that you should have this type of disruption, this Woodstock in the central core of the City of Miami. Perfectly okay to do it three days a week, but now you've increased it to six, stringing in the middle of the week, which is another four days, while Ultra is there. There is a significant issue -- well I'm just telling you what nay concerns are. Mr. May: Okay, I'm -- Chair Sarnof: You could shake your head no. I'm just going to -- City of Miami Page 50 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Mr. May: --just truing to -- Chair Sarnoff: -- say what my concerns are. Mr. May: -- understand. You said stringing in three days. I don't -- Chair Sarnof f: Well, you are, because you're -- Mr. May: We're not closing the boulevard. We're not -- Chair Sarnoff.' You're not closing the boulevard. I'nr not suggesting -- Mr. May: We're not conducting a festival. Chair Sarnoff: -- you are. You're not even conducting, 1 think, any kind of events. Mr. May: No. Chair Sarnof f: Right. But what I'm saying is, you're going to have folks staying here -- Mr. May: Absolutely, yes. Chair Sarnoff: --from the Friday -- Mr. May: Yep. Chair Sarnoff: -- before to the Sunday. Mr. May: Yes. Chair Sarnoff: And -- Mr. May: In fact, we have hoteliers that will not sell a hotel room downtown to a festival goer unless they buy -- unless they come for a seven-day stay. Chair Sarnoff: And therein lies -- Mr. May: And they're selling them. Chair Sarnoff • -- another concern of mine. Because I've spoken to the police officers. I've spoken to your previous security. We all know drug usage at Ultra is significant. And while it may be okay jar a kid, young roan, young woman to get high, whatever you want to call it, Friday, Saturday, and maybe Sunday, there will be those that will attempt this Friday, Saturday, Sunday, Monday, Tuesday, Wednesday, Thursday, Friday, Saturday, Sunday. And as you know, the drug of choice, Ecstasy, or LSD (Lysergic acid diethylamide), which is a pretty big drug of choice -- I'm just reading from what the magazine articles say about this -- is a stimulus. And in order to come down from the stimulus, you have to give yourself a depressive. So you have to come up and down, up and down for what could be over a week's time. Well, if just did it jar one week's -- if you did it for the one weekend period, you'd be facing two or three days of this. It's a concern of mine, may not he a concern of Ultra. Ultra might say, we got this all in hand. I'm merely citing you nay concerns. Mr. May: Understood. City of Miami Page 51 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Chair Sarnofff And all I'm saying to you is, it is not my vision, as the district Commissioner of that area, to have a two -weekend event. Now I will support you this time because you have sold, my understanding is, between 60 and 70 percent of your tickets for one of those weekends that you did not have before. So I'm assuming -- Mr. May: That's correct. Chair Sarnof f: -- even -- right -- if you could get the word out, that half these people may still come. And ifIjust do the math, you could he looking at upwards of 60 or 70,000 people, maybe 50,000, in the City of Miami not experiencing an Ultra experience and either, frustrated or doing whatever it is they're going to do outside of your park. And that's why I'm prepared to move forward, but on the following premise. Mr. May: Okay. Chair Sarnafff First being that you pay the City of Miami, to a special revenue account, for the use of the police department, for the Chief of Police budget, $500,000. Further, that you agree Ultra should be a one -weekend event after you have your twelfth anniversary this year. Mr. May: Fifteenth anniversary. Chair Sarnafff What was it? 1 thought you did the math and you said it was twelve. Mr. May: No, 12 years we've been doing it at either Bayfront or Bicentennial. Chair Sarnof f: So your fifteenth anniversary. Mr. May: Fifteenth anniversary. Chair Sarnoff.' I would support it this time under those certain terms. Mr. May: Can I have a minute with my client? Chair Sarnafff Sure. Commissioner Carollo: And Mr. Chairman? Chair Sarnof ff You're recognized. Commissioner Carollo: Thank you. Mr. May: Can Ijust --? Can I make one statement before we --? One thing that I -- and my clients are considering. They'd like to hear some more of the debate, but they're definitely considering your offer. We -- Ijust want to put on the record that Ultra did go on sale with tickets with some authority. And in fact, it was the same authority that it's received for every previous year that it's held the event, which is an approval from the Bayfront Park Management Trust, which is the normal -- up until today -- and customary way in which approval is sought for the events. So Ijust wanted to put that on the record for the sake of correcting the record, if that's okay. But -- Chair Sarnofff Well, and I could tell you that I could cite you that the City of Miami is the only jurisdiction that makes recommendations to the Florida Department of Transportation as to whether you should close Biscayne Boulevard. Mr. May: Absolutely understood. City of Miami Page 52 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Chair Sarnof f: Okay. Commissioner Carollo: Mr. Chairman. Chair Sarnoff: You're recognized. Commissioner Carollo: Thank you, Mr. Chairman. A few things -- and I don't want to he redundant from the last meeting. I think, you know, there was a lot of discussion in the last meeting. And again, I don't want to be redundant. 1 will say some of the same things that 1 did say in the last meeting, but I'll try to limit them. And then there are a few issues that you raised that, you know, I would like to comment on. First of all, you know, we're discussing an international recognized event that has asked for a second weekend on a pilot basis, you know. I'll be the first one to tell you if this has a negative impact to the City of Miami, I'd he the first one saying, it's not going to happen again. So you know -- and again, on a pilot hasis. You know, maybe it is successful, you know. And by the way, this Commission has taken a leap of faith, you know, in various issues. So, you know, I don't know about limiting to just this -- saying that just this year. I think we should evaluate after this year. And again, if it has a negative impact, I am telling you, I will be the first one saying you're not coming back. You don't even have Bayfront Park Management Trust support. Last year -- and the reason why I am taking a leap nffaith with this is because of the history that they've had with us. It hasn't all been had. Last year the event was held at the same time that Disney on lce was playing at American Airlines Arena. At the same time, the Bicentennial Park was having Cavalia at the same time that the Arsht Center had two shows and it was packed. Was it perfect? No. But realistically, as the chairman of Bayfront Park, I did not hear the outcry. I really did not. At the same time, it had a huge economic impact in the City ofMiami. They did a study and it was $79 million. Not to mention, during those days -- and I'm not .sure what the amounts are this year -- hut our police officers are going to be receiving about $400, 000 in overtime payment. Our firefighters are going to he receiving over two hundred and something thousand in overtime payment. So at the same time, it's money to our employees, extra money that doesn't come from the general fund. With regards to Ultra not giving any monies to the City of Miami; directly, no; indirectly, yes. We just had a very successful -- what I believe was a very successful New Year's Eve celebration. The City ofMiami did not pay for those fireworks. It's $100, 000 right there in fireworks alone, you know. The City of Miami is not subsidizing all the maintenance in that park. It's a beautiful park. You know we have free yoga. You know downtown Miami uses that park quite a bit. All that maintenance -- and I don't have to tell you because, listen, you're quite savvy and you know it's not just having a park. It's the maintenance behind it. I've heard you do the arguments. City ofMiami doesn't pay forthat. The Bay/ront Park Manageinent Trust does. So to a certain degree, okay, maybe directly they're not giving the City ofMiami money. But indirectly, listen, how do you think that's getting paid? From. part of these shows. So I think that's important to recognize. Listen, Ultra and the people representing Ultra came before us. We actually had at least two meetings, one at the DDA (Downtown Development Authority) offices, one here. And we invited -- and one of them, you chaired -- all the stakeholders to come forward and see what were the issues. At the last Commission meeting, I asked the representatives from Ultra to meet with everybody and make sure that these issues were resolved. It appears that they have, unless I know otherwise. You know, so realistically, you know, they're trying to be cooperative. And I can only go by history. And it seems like whenever they have promised in the past, they have delivered. You know, listen, I said in the last meeting -- and I don't want to be redundant -- I may not be attending the Ultra Fest. I may not even be a fan or -- of Ultra Fest. However, this is a diverse community. This is a diverse city. That's what makes us great. And we have sports, we have arts, we have entertainment. Listen, there's definitely a demand for this. There's definitely a demand for this event. And ifyou look from the e-mails (electronic), it's notjust local people, you know. We're talking internationally. People are going to come to this city to spend monies, to stay in our hotels. Maybe one weekend it won't he the Intercontinental, but all the other hotels, somehow we really -- I'm -- $79 million economic impact to the City of Miami for one City of Miami Page 53 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 weekend states a lot, you know. So I think it's something that we need to really look at and really consider. With regards to the drug use, that was one of the conditions that Bayf ont Park Management Trust andl wanted to spearhead, that they had to definitely do some type aiding program.. Because, listen, Pin a former police officer. I didn't tolerate any drug use and stuff like that. As a matter of fact, I had quite a few drug arrests. And you know, I don't know if it's really the Ultra Fest 'cause as far as my knowledge, they don't condone any drug use, or is it really our youth? And I think, realistically -- and that's why I requested that they put money towards youth program and a drug outreach program. Because you know, realistically, I think some of our youth, whether it's Ultra or somewhere else, they're going to he, you know, doing drugs. I mean -- So, realistically, 1 don't necessarily think that this is a big drug fest and, you know, everyone's condoning this. No, absolutely not. Listen, this Commission in the past have taken a leap of faith, you know. I actually, do like what you requested with regards to the monies going to the public safety to go into police. As a matter of fact, I think some of that should also go to the fire department, you know. This is the second time that, you know, we allocate fundings [sic] and it gone just to police and I think, to a certain degree, you know, I'm not -- listen, public safety. I'm not against it. But at the same time, let's remember this, that this is the second time that we've allocate a certain amount just for police. 'Cause in the future, I'm sure there will be also allocations, and Ijust want, again, note for the record that this is precedent. So you know what, I think it's a great suggestion, you know. I think that's a great suggestion. However, the one thing that I would like to just mention in your request is with regards to the pilot program. Let's see how it works out. And I can assure you, you have my commitment, if it's really that bad, I'm going to be the first one to stand up and say, no, we don't want a second weekend or we don't want Ultra, which I don't think that will happen because we've had successful Ultra in the past. Thank you. Chair Sarnof f: Thank you. Commissioner Suarez: Mr. Chair. Chair Sarnoff.' Suarez, you're recognized. Commissioner Suarez: Thank you, Mr. Chair. You know, I agree with Commissioner Carollo. I think in the last Commission meeting, we were kind of coming Jima. the same perspective. You know, we have a lot of signature events in the City of Miami and in the Greater Miami area. We have Art Basel, but there are many people that don't particularly like or buy art, but it's a magnificent event. We have the boat show. There are some people that can't afford Goats or don't like boats. But there's no doubt that it's a wonderful event fbr this community. We have the Super Bowl, which we know is another main event which features the City of Miami in a very prominent fashion. And some people don't like sports. We also have the Winter Music Conference, and that's something that involves not only Ultra, it involves a variety of different events. Art Basel involves a variety of different events, so does the Super Bou'l and the boat show. But some people come from around the world to enjoy the Winter Music Conference. We're seen as one of the music capitals of the world. And I think -- you know, my vision fbr the City of Miami is that it he a world -class destination. And I think when you -- you know, obviously, it's always difficult when you have a parochial interest that conflicts with something like that. And we've talked about it before. We've talked about it with Burn Notice and we -- you know, I think you led the effort, as you are leading now, you know, to broker some sort of a compromise where all parties can be happy, but we also kind of drew the line in the sand and said, Look, this is it. And we've been through that circumstance before. You know, we also had a situation where we've made a tough call on Swedish House Mafia, I think it was, the group Swedish House Mafia, which did one in the old American -- Miami Arena site. And we weren't sure whether that was going to be very disruptive, and turned out -- 1 paean, 1-- you know, it turned out to be okay. So, you know, my argument was -- and to restate itfi•om the last time, was simply that, as the Commissioner said, you know, I think we need to give them an opportunity. They've obviously -- seem to have done what we've asked for in the sense of getting all the City of Miami Page 54 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 different affected parties together and gelling them to, you know, be on board, most of them, at least; at least the ones that have come here before the Commission. And it seems like that coalition has gown, and I'm assuming that they're not going to stop now. They're going to continue to do that process. But I wholeheartedly support your efforts, you know, to make this as good a deal for the City of Miami residents as it is now. Thank you. Chair Sarnoff: You want to go next, Cornrnissioner Gort? Vice Chair Gort: Let's give a little history. I think we began in the '90s allowing some study. If we wanted people to come to downtown Miami, we needed to create housing. And that's how we got some of the affordable housing buildings, the old buildings to get people to come to downtown Miami. I think we're -- finally, you can see the buildings, Brickell area, the Omni, the amount of residents and new residents that we have within downtown Miami. I think we finally getting for the first time in 20 years, a 24-hour downtown where it was something that was missing for a long time. So I can understand it benefits a lot of people, hut at the same time, it's a lot of consequences to other people. 1 mean, we analyzing the benefits to the hotels, restaurants, and bars; what about the residents? How about the people in the offices? And I can tell you from experience, I have people calling me that can't get out of their office because of the whole problem it is. So this has got to be a lot more controlled. If you're really going to pass this, it's got to he more control. And you know, Bayfront Park, everybody wants to do things in Bayfront Park, hut we need to realize -- I think we spent over 25 to $30 million from general funds to create Bayfront Park to make it that attractive. Chair Sarnoff. Commissioner Spence -Jones. Commissioner Spence -Jones: Mr. Chairman, I've heard everybody's viewpoint. I just want to add a couple of things. The first thing that I would like to say is really, more or less, geared towards Tim and the organization and Bayfront Park. I think we all can agree that his leadership in that organization is definitely a successful operation. It's a model that, quite frankly, I wish we can duplicate in many of our venues in the City of Miami. And I want to commend our Chairman over there for doing a great job as well in supporting Tim and his efforts because the organization, just to see where it is and how well it's doing and never really having to, you know, ask the City for anything really, for the most part, I wanted to acknowledge the operation and your leadership as the chair over there. One of the things 1 was concerned about -- and I guess we'll deal with it later on, but -- or we may not now -- was, you know, the decision around us issuing permits, you know, and then allowing the event coordinators to move forward from the Bayfront Trust side of it, assuming that, of course, Bayfront Trust had the right to make that decision. I was just concerned about -- and it seems like we're moving away from it, which I'na happy. I don't want it -- I would not avant to do anything to tie the organization's hands at all. And it seems as though we're not going down that road, but that was one of the concerns 1 had. After me getting briefed, it was kind of communicated that because of this situation that took place with the event, that now we were going to be reconsidering Bayfront Park's powers to do business. And we have to reward people that are doing great. And I just wanted to make sure we weren't going down that road. And I personally would not want to tie their hands and vote on something and say, you know, no, it's infinite that they -- this is the only year we can do it because it's the 15th year. 1 just think that's a bad move fbr us to make. We kind of did that with Burn Notice, and then we end up having, for at least two years, people corning back and, forth in front of the City Commission fighting to stay open or keep their production here because we made a commitment and, quite frankly, it was difficult to adhere to the commitment. So I've learned from that experience that -- I think that let's see how this year goes this year first, and then if it goes well and we don't have any, you know, major issues, then we reevaluate. But I would not want to weigh in on a decision and say, yes, you can do it, but you can't do it next year; especially if there was no issues. I know for a fact that there's Memorial Day weekend, you know. You didn't mention that, but I know that's a big event that Bayfront Park does downtown, big -- I think it's called Battle of the Best -- Biggest -- whatever. You know the name of the event, City of Miami Page 55 Printed nn 2/12/2(713 City Commission Meeting Minutes January 10, 2013 Tim. And people come from all over the country there as well. And any tine you're having a major event where people are coming from all over and all different walks of life -- yes, you know, you do have certain events that have more arrests, but far the most part, when you get a whole bunch of young people in one place, you're going to have these things take place. So I don't -- I just don't want to tie your hands 'cause 'would rather us tie Tim's hands or the board's hands. I would like for that to come back. And then I totally agree -- and that was going to be my recommendation as well, that while I support the men and women in blue, I think that it's extremely important to have fire and rescue out there. Because if anything, for whatever reason, happens, you want to make sure somebody's there to medically treat them. So I would like to make sure that that 500 has the flexibility as a part of your original recommendation. So that was my only issue with it -- I mean, in any great thing that you do, it takes courage, and sometimes you just have to step out, you know, in order to, you know, see whether or not it works or not. And you know, I think that we just have to at least give them the opportunity. I think it sends the wrong message to start something with a group of people, to have them sign agreements, and then all of a sudden, it's like, oh, no, you can't do it. And I just think that's the wrong message. And not to mention, 1 think it's important. We have a chairman over at the Bayfvont Trust, and you know, he works very hard over there. And I just -- I did not like the road this thing was going down because we don't -- I mean, we don't always have to agree with each other sitting on this dais, but we do have to be respectful to each other and courteous. And I just don't like anything that feels remotely like we're, you know, back -- I just don't like the backbiting. I don't like that. So, you know -- and when something doesn't go the way we feel it should go, it should not be, you know, I'm going to, you know, deal with it another way, you know. Let -- that's -- that -- first of all, that sends the wrong message with us sitting up here. That keeps us going at each other when we all have to work together. And just imagine what kind of message that sends to the public. It just makes us look messy. And I just -- you know, I would hate, you know -- I just -- again, nay pray is that -- prayer is that we get away from that kind of behavior and not always -- when it's not something that we feel comfortahle with or we feel good about, the first step is we're attacking each other. I just think that's a bad move. So with that being said, I support the project happening here. I support it because I do believe that it is a great economic boost. Quitefrankly, rankly, I think the City employees, Fire and Police, the additional revenue, I'm sure that they can use it. And not to mention all of the people locally that would be hired part-time or full-time during that time to set up, to break down, to clean up. I mean -- and a lot of those people, quite frankly, I'm going to he honest with you, they're going to be coming from my district so -- you know, and 1 appreciate that. We need, you know, the additional revenue that's going to be coming in during that particular time. So with that being said, those are the only two recommendations, is to open it up to Fire. Let's not tie their hands. And please, I do not want us to get into this thing where we're divesting Bayfront's power in any way for them to he able to operate. I think that we need to continue to support people that do hell. That's nay comment. Chair Sarnoff • All right. Is there a motion? Commissioner Suarez: So moved. Commissioner Carollo: I make a motion -- Well, second. Vice Chair Gort: What's -- Commissioner Suarez: You want me to clariji' the notion? Chair Sarnoff What's the motion? Yeah. Commissioner Suarez: Which item are we on? 'Cause I think we took both together. Commissioner Carollo: Yeah, hold on. Mr. Chair, if would -- if7 may? City of Miami Page 56 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Chair Sarnof f: Yeah. You're -- we're going to take the public discussion together, and now you're going to make a motion. Commissioner Carollo: Okay, and I just want to verify with the City Clerk, we're going to make a motion on each one separately, correct? Dwight S. Danie (City Clerk): Yes. Commissioner Suarez: So which one are we on first? Mr. Danie: RE.5. Chair Sarnof f: RE.5. Commissioner Spence -Jones: But we are going to make sure that we -- we're amending the original recommendations, right, Mr. Chair? Chair Sarnoff: No. He's about to state his motion. Commissioner Spence -Jones: Oh, okay. Mr. May: Mr. Chairman, is it possible that -- I've had time to talk to my client. Is it possible that I respond to the conditions you put forth? Chair Sarnof f: Oh, I'm sorry. Go ahead. Mr. May: In talking with my clients, my clients certainly understand, you know, the need for payment with regard to police or whatever you as a Commission decide. And so Ultra Music Festival will he willing to pay the $500, 000. In addition to that, we certainly agree that this be a one-time exception for the two -event -- I mean, the two -weekend event. But we would request your consideration that, you know, it he undertaken on a pilot basis and for you to consider that. If it's -- that's not amendable, we understand, hut we would ask for that. Chair Sarnoff • With the understanding that the request fOr the second weekend must come to the City Commission. Mr. May: Yes, yes. Chair Sarnoft: Is there a motion for that? Commissioner Suarez: Yes. Because I think what we're talking about here is -- wait, wait. You want me to withdraw my motion? Commissioner Carollo: Nn, no. Make the motion. Commissioner Suarez: Because I think the -- well, the first motion is on RE.5, correct? And that's to support the street closure. Commissioner Carollo: Hold -- yeah. But if you vote -- it's my -- and correct me if I'm wrong. If you vote one way on one, you're going to vote the same way on the -- Chair Sarnoff • I don't even know -- if you vote RE.5 up -- Commissioner Suarez: We shouldn't have -- City of Miami Page 57 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 Chair Sarnoff: -- with these conditions, you just let SI1 die. Commissioner Carollo: Okay. And let me speak to my colleague 'cause this is the only time that i-'e have to -- Commissioner Suarez: Yeah, yeah, I know. Commissioner Carollo: Listen, it seems like they have agreed to everything that you wanted. And now I'm speaking to you, Marc, 'cause we can't speak, you know, outside of this -- you know, outside of the sunshine. What I am saying is, why tie our hands or limit ourselves? Let's do a pilot program. Let's see how it goes. And I told you, you have my commitment. If it's really that bad, you know, I'm going to he the first one to say, we're not having a second weekend, so -- Commissioner Spence -Jones: And why is it coming hack in front of us again? Chair Sarnoff • No. It comes back -- the next time. Commissioner Carollo: He's saying the following year. Commissioner Suarez: Yeah. Chair Sarnoff • The, following year -- Commissioner Spence -Jones: Okay. Chair Sarnoff: -- it comes hack to us for an evaluation of whether it -- Commissioner Spence -Jones: Oh, evaluate -- Commissioner Suarez: That's fine. Chair Sarnoff: -- should he two weekends again. I'm not -- Commissioner Spence -Jones: Okay. Chair Sarnoff: -- suggesting you have to come hack -- Commissioner Suarez: Yeah. Chair Sarnoff • -- at interim -- Commissioner Suarez: Right. Commissioner Carollo: Right. Chair Sarnoff • You could have ten guests the first weekend. Your second weekend's still going to happen, and I hope that doesn't happen. Mr. May: That's not going to happen. Chair Sarnoff: 1 understand. I'm not saying that's going to happen. But I'm not suggesting your second weekend's not going to happen. All I'm suggesting is that this is being approved, as a pilot project, for your fifteenth anniversary. And if you choose to bring it hack the next time, you have to bring it before the City Commission. I also strongly recommend you do it as early as -- City of Miami Page 58 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Commissioner Suarez: Before you start selling -- Chair Sarnoff: -- November. Commissioner Suarez: -- tickets. Chair Sarnof f: Yeah, before you start -- Commissioner Suarez: Right. Chair Sarnoff. -- selling tickets. Vice Chair Gort: And by the way, let me add a little something. I think this discussion, we've always -- like you've stated, we disagreed, hut discussions, they always come out with good conclusions at the end. 1 mean, 1 don't think we're fighting each other or going after anyone. Commissioner Suarez: Yeah. Commissioner Carollo: Commissioner Gort -- Vice Chair Gort: I think we're -- Commissioner Carollo: -- I have always welcomed discussion. I have always welcomed debate. I have always welcomed discussion. I've said it. And let me tell you something, I always think that the outcome, you know -- and realistically, I always try to reach. consensus and the outcome usually is better for the City ofMiami. So, by all means, you know, I always welcome the debate. 1 also welcome the, you know, discussion. But at the same time, you know, I'm here talking to my colleagues and saying, hey, listen, I don't mind it coming to this Commission again next year, for a second time. However, I don't want to limit it and just, you know, say, this is the only time you're doing a second event and that's it. You know, I think -- why limit ourselves. What I want is, you know, let's evaluate. Let's see -- Chair Sarnoff: I'm not saying you don't evaluate. What I'm -- Commissioner Suarez: Asking -- Chair Sarnof f: Here's what happened. Tickets -- Commissioner Carollo: What you want is for it to come back here again. Chair Sarnoff.' Sure. -- got sold. Commissioner Carollo: Gotcha. Chair Sarnoff: And then it was told to me, we're going to sue you. Really, you're going to sue the City or -Miami because we didn't approve a second weekend? Mr. May: Who said that? Chair Sarnoff: Oh, that was said to me ad nauseum. And I didn't -- Mr. May: Not by me. I never said it to you, ever. Chair Sarnoff: No, no. You didn't say it, Brian, but others have said it to me -- City of Miami Page 59 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Mr. May: Ever. Chair Sarnoff: -- we're going to sue you. And people in charge have said that to me. And 1 was like, You never- tell a lawyer, we're going to sue you 'cause it's like, okay. It's like telling a truck driver you're going to drive a truck, so what. Mr. May: Totally agree with that. Chair Sarnoff: So what I'm trying to do is, 1 am -- I'm saying you can have your weekend 'cause I do feel hemmed in because771 have people here downtown -- even ifyou could try to stop them, you couldn't stop them all. And I'm saying, let's evaluate it and bring it hack to this Commission because this Commission really governs -- I don't deny that the Bayfront Trust (UNINTELLIGIBLE) as they say, the apronway of the grass to the water is, jurisdictionally, predominantly their issue. But when you spillover into Biscayne Boulevard, you become the district Commissioner's issue 'cause 17l be the first one to hear it, and then you become the City Commission's issue. And as much as you'd like to say, you know, it is now up to 41 percent of the tax base of the City of Miami exists in downtown Miami and I don't want to disturb that. I don't want to affect that. I think it will. You know, I'm a tenant of one of those buildings, and I could tell you this, we are contemplating moving to Brickell because it's just not worth it. There may he others like me, and there may not he others like me. Commissioner Suarez: Mr. Chair. Chair Sarnoff: Yes. Commissioner Suarez: I just want to state the motion. It's a motion to support the street closures with the $500,000 for Fire and Police, as we've all kind of agreed to, and it coming back to this Commission far a, further evaluation before ticket sales get sold next year. And the other things that they stipulated, 'cause I think they stipulated some conditions that I think are important to he incorporated -- Vice Chair Gort: There's quite a few conditions. Commissioner Carollo: As the documents that they provided. Commissioner Suarez: -- as adopting the documents that they provided with their stipulations of the remediations that they've taken, the remediation steps that they've taken. Commissioner Carollo: Second. Julie O. Bru (City Attorney): Mr. Chair. Commissioner Suarez: Yes. Ms. Bru: Just to clarify. Commissioner Suarez: Sure. Ms. Bru: The $500, 000 is a proffer that they're making in recognition of the fact that the event requires extraordinary police and fire services, and that is in addition to the off -duty that -- Commissioner Carollo: Right. Ms. Bru: -- they're going to be separately procuring. City of Miami Page 60 Printed 06 2/12/2013 City Commission Meeting Minutes January 10, 2013 Commissioner Carollo: Exactly, because at the same time, we're using equip -- fire equipment and police -- Ms. Bru: Right. Commissioner Carollo: -- equipment and (UNINTELLIGIBLE). Commissioner Suarez: There's a lot ()f ancillary costs. Commissioner Carollo: Right. Ms. Bru: Right. Thank you. Chair Sarnoff: Madam City Attorney, if we just extrapolate the number of arrests from last year's event, you wouldn't -- you'd just about be compensating -- Mr. May: But -- Chair Sarnof f: -- that number. So there is evidentiary record made to substantiate that half a million dollars. Mr. May: Commissioner, I would like to just put something on the record, though, that we would request that the motion state that this is -- this $500, 000 payment is a one-time payment, okay. As the two weekends are a one-time exception, this is a one-time payment. We certainly don't want to he saddled with this going forward. And we would request, respectfully, that if we go for a second weekend next year, that we have to come hack to get the traffic plan approved by this Commission. We agree to that. We're on board with that. And that's the motion we would like to see. Commissioner Suarez: Yeah. And -- Chair Sarnoff: As well as you will not sell or advertise the ticket sale for a second weekend prior to achieving City Commission approval. Mr. May: Yes, and we agree to come before the City Commission prior to November 15. Commissioner Suarez: I think that's in everybody's best interest. Commissioner Carollo: Yes. Commissioner Suarez: So I will amend my motion to reflect that since it's a one-year approval, the payment will be for one year, and we're going to do the evaluation and put everything into the evaluation at that time. Commissioner Carollo: And the seconder accept and we can see about the payment then, you know, at that time when we evaluate and so forth. So seconder accepts. Chair Sarnoff: Motion and a second. Any further discussion? Commissioner Spence -Jones: I don't know if Mr. Barret() has a discussion. He's pulling him far a reason. Commissioner Carollo: Mr. May? We're about to take a vote. City of Miami Page 61 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Mr. May: We have one minor snafu. In the event that next year the Festival decides they do not want to do a second weekend, okay, they want to be able to presale tickets prior to November 15. Commissioner Suarez: For the first weekend. Commissioner Carollo: For just the -- Commissioner Suarez: Of course. Mr. May: For the only weekend. Commissioner Suarez: Of course. Mr. May: Right. Commissioner Suarez: Yeah, 1 don't -- Mr. May: So -- Commissioner Suarez: -- think that's an issue. Commissioner Carollo: That's not an issue. Chair Sarnoff.' So you're saying, regardless of the outcome of how this goes, they're always going to get a weekend. Commissioner Suarez: Well, they always have had a weekend far 15 years. Chair Sarnoff • So there'll never be an evaluation done by this Commission? Commissioner Suarez: Well, if they ask us for the FDOT (Florida Department of Transportation) approval, there will he. Commissioner Carollo: We still can. But the reason, for the evaluation is to allow them for a second weekend a second year, you know. That -- we can still do an evaluation. But I think in essence -- Commissioner Spence -Jones: The evaluation isn't about the first year [sic]. I thought the evaluation was about -- Commissioner Carollo: Right. It's about a second. Chair Sarnoff: Commissioner Gort. Vice Chair Gort: Once we have the evaluation, they would have to come to you, even if it was for one week, they would have to come to Bayfront Park. Commissioner Carollo: Absolutely. Vice Chair Gort: Okay, so they cannot presale before they come to you. Commissioner Carollo: Absolutely. They have to -- Mr. May: No. We would never do that. City of Miami Page 62 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Commissioner Carollo: -- they still have to come to Bavfront Park. Vice Chair Gnrt: All right, okay. Commissioner Suarez: Okay. Chair Sarnoff: All right. Commissioner Suarez: So there's scrutiny on the whole process. Commissioner Spence -Jones: Call the question. Chair Sarnoff: All right, so -- Commissioner Carollo: There is scrutiny. Chair Sarnoff • -- all in favor, please say "aye. " The Commission (Collectively): Aye. Chair Sarnoff: Thank you. Commissioner Carollo: Congratulations. Mr. May: Thank you very much, Mr. Chairman. RE.6 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 City of Miami Page 63 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 RE.7 12-00363 Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MANAGEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, 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 AFFORDABLE HOUSING RESIDENTIAL RENTAL TOWER AND RELATED AMENITIES INCLUDING RETAIL SPACES OF THE OLYMPIA BUILDING LOCATED AT 174 EAST FLAGLER STREET, MIAMI, FLORIDA 33131; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL OTHER CONTRACTS, DOCUMENTS AND AGREEMENTS, INCLUDING LEASES, FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE 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. 12-00363 Summary Form.pdf 12-00363 Legislation (Version 3).pdf 12-00363 Exhibit 1.pdf SPONSORS: HONORABLE MAYOR TOMAS REGALADO VICE CHAIR MARC SARNOFF DEPARTMENT OF PUBLIC FACILITIES Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioners) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.8 12-01419 Office of Management and Budget RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING APPROPRIATIONS RELATING TO THE GENERAL FUND AND SPECIAL REVENUE FUNDS FOR FISCAL YEAR 2012-2013, PURSUANT TO RESOLUTION NO. 12-0361, ADOPTED SEPTEMBER 27, 2012, FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2013. 12-01419 Summary Form.pdf 12-01419 Pre -Legislation - Certified Copy.pdf 12-01419 Legislation.pdf City of Miami Page 64 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones R-13-0014 Chair Sarnoff: All right, we're back from adjournment [sic]. We are going to take up the afternoon's agenda. I believe, gentlemen, that we left off with RE.8. RE.8. Daniel Alfonso: Good afternoon, Commissioners. DannvAlfonso, Budget director, City of Miami. It's kind of too bad that the police guys left 'cause I was actually going to borrow one of the suits that they were showing out there to see if that would help maybe. I don't know. Chair Sarnoff: One of the bomb proof suits? Mr. Alfonso: Yeah. That would have heen kind of cool, actually. Anvways, this is a budget amendment. The items in this amendment you have seen, for the most part, or I've talked to you about them in the past. The budget is going -- in the general, fund, we're amending only the $25,000 that we're adding to the special event fund. We're taking it out of the nondepartmental reserve and putting it to the line item that is the special events. The overall budget is not changing at all. It's just a line item change. The other changes that we're making to the budget are in the special revenue funds area. We are increasing the overall special events -- I'm sorry -- the overall special revenue funds by a total ()Pike around 1.6 million and it's broken down into three pieces. One of them, and the largest, is the Law Enforcement Trust Fund. We're adding $1.172 million, to be used for Law Enforcement Trust Fund related activities, such as cars, support of the Police Athletic League, Do the Right Thing, et cetera. Whatever those funds can be used for, we're making them available. That money is already in the hank. We just hadn't put it into the appropriation because at the time the budget was prepared, it wasn't ready to go. The other change that we're making is in the Building Department. If you recall last year, we established an account that was for doing demolitions in areas that are not eligible fbr ATSP (Neighborhood Stabilization Program) or CD (Community Development) dollars -- CDBG (Community Development Block Grant). We created a fund with $200, 000 of general And for seed money. And then the liens, we replenished that fimd. We collected $360, 000 from that activity. We need to appropriate that money so that activity for demolitions can continue in the targeted areas. And lastly, we're adding $150,000 to the special revenue budget for the item. that was approved last week with the recycling -- last meeting with the recycling contract. The vendor's paying the City $150,000, to be used for communications and program in the community to increase recycling, et cetera. I wanted to point out that on that whereas clause, there is a typo. It lists resolution number 12-0521. It is actually 12-0501, adopted on December 13, 2012, and that was a typo on the item. I want to make that correction for the record. Chair Sarnoff: All right. Mr. Alfonso: That -- that's what -- Chair Sarnoff: Is there a motion? Commissioner Suarez: So moved. Chair SarnoJt We have a motion by -- Vice Chair Gort: Second. Chair Sarnoff: -- by Commissioner Suarez -- City of Miami Page 65 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Commissioner Carollo: Second. Discussion. Chair Sarnaff: -- second by Commissioner Carollo. Any discussion, gentlemen? Commissioner Carollo: Yes, Mr. Chairman. Chair Sarnof f: Commissioner Carollo is recognized for the record. Commissioner Carollo: Thank you, Mr. Chairman. And just real quick, with regards to the $150, 000, for Solid Waste, I just want to make an emphasis that, you know, I would like to make sure that those funds, you know, get distributed, you knoi-v, equally, you know, citywide. So, you know, in District 3 we have issues, and I've spoken about it before. I've spoken to the Manager. I've spoken it on Commission meetings with regards to, you know, trash. And a lot of that trash is, you know, bottled -- you know, bottles that are plastic and Coke cans and stuff like that that are thrown out as trash. So part of that marketing campaign and so forth definitely needs to reach Little Havana in District 3. Mr. Alfonso: Clearly, all that I've been told is that it is for citywide projects. It's not -- Commissioner Carollo: Well, like I said -- Mr. Alfonso: --,for any specific area. Commissioner Carollo: -- I want to go that other step so it's not a free for all. And next thing you know, there is no money left over for Little Havana. So I just want to make it clear that, you know, we make the citywide but truly citywide so, you know, Little Havana, which have had issues, also gets a piece. Okay? Mr. Alfonso: Okay. Commissioner Carollo: Thank you. Chair Sarnaff: Commissioner Gort, you're recognized for the record. Tice Chair Gort: Danny, how you doing? Question, I know we been receiving the monthly reports. You don't see any bearings from our projections in the first month of the --? Mr. Alfonso: In the first -- okay, this is not what we were to discuss. Tice Chair Gort: Right, right. Mr. Alfonso: That's in the next month -- the next agenda meeting. But I'll say that for the first two months of operations, we have not seen anything that is extraordinarily out of the realms or anything like that. There are some items that are posting errors and things like that, hut we're -- as we observe those, we work with the departments to correct those and, you know. Tice Chair Gort: All right. Thank you. Mr. Alfonso: Obviously, like I told you last month when we met, we do have the issue with FIPO (Firefighters and Police Officers) that -- for the pension and those kinds of things. At the end of this month, we'll have a report that maybe talks about other possible issues that are out there, but Tice Chair Gort: okay. City of Miami Page 66 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 RE.9 12-00961 Department of Purchasing Mr. Alfonso: -- nothing at this point. Chair Sarnoff: Any. further -- Tice Chair Gort: Thank you. Chair Sarnoff: -- discussion? All in favor, then please say aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 287252, THAT THE FIRMS MOST QUALIFIED TO PROVIDE TOWING SERVICES FOR POLICE/FIRE DISPATCHED TOWING AND WRECKER SERVICES FOR PRIVATE VEHICLES, AND TOWING OF CITY -OWNED, LEASED, OR RENTED VEHICLES, FOR THE DEPARTMENTS OF POLICE AND GENERAL SERVICES ADMINISTRATION ARE: NU -WAY TOWING SERVICE, INC.; KING'S WRECKER SERVICE, INC.; DOWNTOWN TOWING COMPANY; FREEWAY TOWING OF MIAMI, INC.; MOLINATOWING, INC.; TED & STAN'S TOWING SERVICE, INC.; BANOS TOWING SERVICES CORP.; MIDTOWN TOWING OF MIAMI, INC.; SOUTHLAND THE TOWING COMPANY, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE A TOWING/WRECKER AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID FIRMS, FOR A PERIOD OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM VARIOUS SOURCES OF FUNDS FROM USER DEPARTMENTS AND AGENCIES, AUTHORIZING SAID SERVICES, AS NEEDED, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED. 12-00961 Summary Form.pdf 12-00961 Award Recommendation Form.pdf 12-00961 Memo - Towing Srvcs. - Citywide.pdf 12-00961 Evaluation Committee Towing Revenue.pdf 12-00961 Detail by Entity Names.pdf 12-00961 Addendum No. 4.pdf 12-00961 Request for Proposals.pdf 12-00961 Sourcing.pdf 12-00961 Legislation.pdf 12-00961 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Sarnoff: RE.9 Kenneth Robertson: Good afternoon, Commissioners. Kenneth Robertson, Purchasing director. City of Miami Page 67 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 RE. 9 is a resolution of the Miami City Commission awarding nine contracts for the provision of towing and wrecker services. In response to the Commission's direction to hold a public towing workshop, on Friday, December 14, we hosted a public sunshine meeting at the police college and had a very interesting discussion with all nine towing companies. The heart of the issue really is regarding the differences between this towing contract, which, in itself is a qualification mechanism to hire the towing companies versus then our towing ordinance which establishes the maximum rates that they're allowed to charge for private tows and police tows. We received some information back from all nine companies regarding the rates that they would like to charge in contradiction to the rates that are currently in the ordinance. A great majority of the companies would like to see the City come into compliance with the County rates. The County has a similar structure of private tows and police tows, but their rates are identical for both sections. The City's ordinance rates are very different between the two. In general, the percentage increase to the rates are between 40 to somewhere 120 or so percent increase. There's really not a way to agree to negotiate with the companies for this contract, unless we do something with the towing ordinance rates, because all of the companies expressed discontent with the rates as are currently in our code. So we need direction from the Commission. Do you want us to bring, forth an ordinance that would bring our rates into compliance with the County rates? I have some facts for you in terms of fuel costs. The last time the City's towing rates were increased were in February of 2010. I pulled the CPI, consumer price index, for fuel for that month and compared it to the most recently published consumer price index far fuel. And since that time, there's been a 28.14 percent increase that is directly attributable to fuel costs since February of 2010. The towing companies have had to continue to provide the same services and eat an increase in fuel costs of 28.14 percent. That needs to be reflected somehow in the towing rates in our ordinance. We have not adjusted the rates at all in three years. And, frankly, most of our contracts that have any fuel consumption will have an adjustment escalation clause relative to CPI index for fuel. Chair Sarnoff: All right. Vice Chair Gort: IfI recall, I think that was in front of us, that they wanted an increase. And at that time, we did not adopted [sicj it. I think we should look at the -- what other cities, what are the charges, and what's normal in the industry, because we're requiring quite a bit from them at this time. And this new RFP (Request for Proposals), we're asking to put upfront $25, 000 and 50,000 and so on. Mr. Robertson: Correct. The terms of the RFP are what they are. We're not suggesting to change those. I would recommend a comprehensive analysis of towing rates in the area. I don't think it's unreasonable to bring our rates up into compliance with the County rates. If look at the percentage increase of some of those line items, though, it is excessive. But that's where we are. We have a contract that we can approve -- we could approve, but those are bound by the rates that are in our ordinance. And unless we deal with thatfirst rst or at the same time, we're going to be in a conflicting position with our towing companies. Vice Chair Gort: Got you. Commissioner Carollo: Mr. Chairman. Chair Sarnoff. Commissioner Carollo is recognized. Commissioner Carollo: I'll yield to Commissioner Spence -Jones. Commissioner Spence -Jones: Thank you. I just had a couple of questions then. 1 want to thank the procurement director. We had a pretty good briefing. It was actually my real first one that I had with you. So I really wanted to -- really wanted you to kind of address -- I know at the end of the day, I really wanted you to kind of address what your concerns were regarding the process. I City of Miami Page 68 Printed nn 2/12/2(713 City Commission Meeting Minutes January 10, 2013 know that we talked about in our meeting, as you stated earlier, the issue is the ordinance and we do have to address the issue of the ordinance. And part of -- in our briefing, in our discussion, you talked about some of the companies didn't really have a issue with what was coming out of the RFP or out of the proposal, but some of them would clearly have an issue, meaning these smaller businesses would be most likely put out of business or not be able to sustain themselves because of this overall contract. So my question for you -- And I understand, Mr. City Manager, we -- this is something that we just -- I know we need to get done. You know, I've been -- this thing has been lingering on for a minute, but I wanted to know -- I don't want -- want to make sure whatever decision we make, we're not just making it because it's a rash decision. If we need to put things in order or restore order, you know, to this process fir whatever reason, I think that we should consider that. But I don't want us to be in a situation where we pass something, we vote on it, and quite frankly, it's going to hurt the companies, the smaller companies that are involved. And we -- and I know -- we've given you a mandate, so I see your face. And that is find ways to make money or to increase the revenue, but I don't want to do it at the cost of putting people out of the -- nut of husiness. So my question becomes -- from you, Mr. Manager, and you -- at the end of day, 1 know how you feel about things. I mean, you're going to make sure you do everything by the book and make sure that it's right and you protect the City. But at the same time, I know that there is a concern with -- this process needs to really he relooked at. So I wanted to kind of hear from you in regards to this issue. Johnny Martinez (City Manager): We put the contract nut. Obviously, the vendors hid on it, so they felt they can do the job fir the rates that were in the ordinance. Having said that, there is -- there has been a workshop that has taken place where it was attended by all the towing companies and a Commissioner, and Ken sponsored the meeting. A lot of discussion took place, but it all boiled down to changing the rates that are allowed, per the ordinance. And like Ken said, I think we're one of the few cities that doesn't have the index to adjust the rates as fuel -- a fuel index, so as fuel goes up, you apply that multiplier to it, and the rate gets adjusted. So -- Commissioner Spence -Jones: Right. But I think -- but is -- Mr. Manager, that -- I mean, that is something that we can address as a City Commission, though, correct? Mr. Martinez: Yes, absolutely. Commissioner Spence -Jones: So -- Mr. Martinez: We will bring back changes or suggested changes to the ordinance, include a rate -- an index fin -filet and that could adjust it. But we may need to adjust the base amount to begin with anyway, the rate plus the -- an index for fuel as if it skyrockets tomorrow. Commissioner Spence -Jones: But do you see any objections, I mean, with us holding off on this process? I mean, I want to respect what the procurement director is bringing to the table. Mr. Martinez: Well, if we hold off on it, I would like to bring back an ordinance as quickly as possible to the Commission, and maybe it's the right thing to do, to have it both come before you hand in hand, the ordinance and the approval of this contract. Commissioner Spence -Jones: Okay. And again, I'm -- you know, I'm respecting whatever our procurement director's brought to the table as an issue or a concern for us to address, and I just don't want to vote on an item knowing that it's going to create a problem. Mr. Martinez: It won't create a problem. I just would like to speed up bringing the ordinance before the Commission with the, you know, correct information, the correct advice as far as the index rates and the rates that the County has so we can kind of mirror what's going on up around us. City of Miami Page 69 Printed nn 2/12/2(713 City Commission Meeting Minutes January 10, 2013 Commissioner Spence -Jones: Okay, no problem. Thank you. Commissioner Carollo: Mr. Chairman. Commissioner Suarez: Mr. Chair. Chair Sarnoff: All right. Commissioner Carollo is recognized, then we'll go to Commissioner Suarez. Commissioner Suarez: Thank you. Commissioner Carollo: Thank you, Mr. Chairman. First of all, thank you for having the workshop with all the different towing companies. I think they were all present or they have some representation. What I did see, however -- you know, in all fairness -- and I met with a lot of the towing companies and they had different ideas or suggestions that, I think in the workshop, you know, it really didn't take center stage or it wasn't spoken about too much. 1 think what took center stage was just raising up the rates. And let's not kid ourselves. In the past this Commission has not been very friendly at, you know, raising any rates. So, you know, I was hoping there'd be more of a consensus on some of the other issues that, you know -- or resolutions or solutions that they brought up, and I'll name a few of them. One of them was -- I think clearly stated here in Commission meeting, which was pirate towing, hut there were some other ones, like nine zones. And some of the companies that are paying the highest amounts, you know, will get special events towing services. So there were some other, you know, good suggestions that came from the towing companies themselves that I would like to, you know, explore, especially with them and see if there's a consensus because, you know, it all sounds great and, you know, we could he all laughing or smiling now, but come hack to Commission, you know, the history has been this Commission has not necessarily been ton in favor of raising any rates. So, you know, we've been a very conservative Commission. So I just want to put that for the record so it doesn't get anyone off guard. And so there is more dialogue so, you know, hopefully, we can come up with consensus just not one -- on one remedy, which is raising rates, but various ones. And I think there was a lot of good suggestions that were put out there and it was actually by the towing companies. Thank you. Chair Sarnaff: Commissioner Suarez. Commissioner Suarez: Thank you. Thank you, sir. Thank you, Mr. Chair. Yeah, in the last Commission meeting, I talked about -- kind of dovetails off what Commissioner Carollo said in terms of the rogue towers, but not only making sure that they don't tow inappropriately in a zone that they're not supposed to tow, hut also having some sort of enforcement mechanism or some sort of a fine for rogue towers that are caught doing that and that as a way to generate revenue for the City of Miami. So if we're looking at -- if the decision for us is generating revenue far the City of Miami versus potentially, like Commissioner Spence -Jones said, putting people out of business, if we can get the same or equivalent amount of revenue just firorn enforcing our laws and making sure that there aren't rogue towers in different zones, I would prefer that 'cause as Commissioner Carollo said, I think we may have even -- I know we've talked about it in briefings about raising the towing rates, and 1 don't think that there was ever -- it never came -- 1 don't know if it ever came to the Commission or if we actually vote against it. Did we actually vote against it, I think, once? Mr. Robertson: Yes. There was an ordinance that failed in September 2010. Commissioner Suarez: So we actually voted against it. This entire -- I think maybe the same exact Commission, with maybe the exception of one person. So we've already kind of expressed a policy decision on that issue. But I think, you know, part of what I thought the symposium was going to be about was being creative and thinking outside the box and seeing -- because I think City of Miami Page 70 Printed nn 2/12/2(713 City Commission Meeting Minutes January 10, 2013 -- there seems to be two class of towers. There's like the, you know, class of towers that have more, you know, kind of financial ability and the class of towers that don't. And so, you know, I think we got to try to strive to find a way to make everyone happy so that, you know, we're not, like Commissioner Spence -Jones said, putting people out of business or you know, creating a situation where we're eliminating a bunch of competitors. Thank you, Mr. Chair. Chair Sarnof: Anyone else wish to he heard? Can I ask a question? Has anybody ever done an analysis? For those that are towed, what percentage are City of Miami residents versus what percentage are commuters? Mr. Robertson: I have not. I would have to defer to Police for towing statistics. Chair Sarnof: Could we get that because --? You know, we talked about a commuter tax. I mean, if 75 percent or 80 percent of the people being towed are not from the City of Miami, why not raise the rate and why not find solutions for people who are coming in with their cars from out of town or not in the City of Miami and why not allowing us to make more revenue at this? Manuel Orosa (Chief of Police): We do not have that information handy, but we can go back and go through the tow slips and find out the address of the individuals. Chair Sarnof: We're not computerized on that? Chief Orosa: Actually, that's all done by hand. Chair Sarnof: Wow. Chief Orosa: We can figure it out and I can -- in the next week or so, we can send the information to you. Chair Sarnoff: Just forensically, meaning -- and -- you know, even if we did 20 percent over the last jive years, just give us -- Chief Orosa: We'll go hack a few months and give you a percentage of what we find. Chair Sarnoff • Commissioner Gort. Vice Chair Gort: Well, my understanding -- Chief Orosa: I'll make a phone call now. Maybe by the end of the Commission meeting we can Commissioner Carollo: Yeah. Give it to Junior. Chair Sarnof: No. I thinkJunior's over there. It'll never happen. Vice Chair Gort: Chief, don't go away. Let me ask you a question. We have certain amount of industry that (UNINTELLIGIBLE) respond to RFP and they get licensed by the City of Miami. But then you have independent towers takes car away. My understanding is, anyone that tows any car, they got to inform the police that the car is being towed. Am I correct? Chief °two: Correct. Vice Chair Gort: Okay. Chief Orosa: As -- if an officer responds, we contact the rotation wreckers for the area and do City of Miami Page 71 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 that. Vice Chair Gort: That part, I understand. Chief Orosa: But ifyou as a private citizen decide that you want your car towed, you can call anybody you want. Vice Chair Gort: That's the one I worry about. But at the same time, they have to report it to the police. Do we charge for that? Chief Orosa: We get the report if the owner does not authorize the tow. For example, you park the car where you're not supposed to -- Vice Chair Gort: Right. Chief Orosa: -- the car is going to get towed. We get the report. And the report is so that we understand that it's not a stolen car; it's a towed car. Vice Chair Gort: Right. They'll call you and then -- okay. Chief Orosa: Okay. Vice Chair Gort: 'Cause I remember, and I think it was September, there was an excessive -- but I think the increase needs to he -- to keep up with the industry, the way it is right now. Commissioner Spence -Jones: I just had one question, chief. I know one of the things that came up just in general. Any time these accidents take place or these major busts take place, does the whole --? 1 mean, the entire police staff understand and know that they are to only call these individual towing companies that have contracted with the City? Because I know that that was one of the issues that came up in our briefing, that some of the officers -- and I just want to make sure that they understand that -- I just -- Chief Orosa: Our policy is that the owner of -the vehicle can request anybody they want, hut if our tow trucks arrive there -- ours, 1 mean the ones under contract -- before the private request, they're going to go -- get towed by our tow trucks. And our officers understand that our policy is that we -- if we request a wrecker -- Commissioner Spence -Jones: It has to he somebody f om that -- Chief Orosa: -- it's going to be one of our own. They cannot show up and say ifyou want a wrecker, call this guy that is a friend of mine. That's a no -no. That's against our policy, and they can get in trouble over that. Commissioner Spence -Jones: Okay. Ijust wanted to make sure 'cause that was one of the things that came up in our briefings with our -- with some of the other towing companies that on several different occasions, the officers will call companies outside of who's on the list, but maybe some of those individuals are getting confused, that maybe it's the private people that are actually calling them. Chief Orosa: Correct. Commissioner Spence -Jones: 1 don't want to dispute whether or not it's officers or not. 1 want to make the assumption that the officers are doing the right thing. Chief Orosa: And if there is a tow truck company that thinks that the officer did something City of Miami Page 72 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 wrong, by all means, bring it to our attention. Commissioner Spence -Jones: Great. Chief Orosa: We'll investigate. And if the officer did anything wrong, they'll be disciplined,for it. Commissioner Spence -Jones: Okay. Thank you, chief. And then my last question, just adding onto it, Johnny. I agree with Commissioner Suarez and Commissioner Carollo. I understand the feeling about the whole increase of, you know, rates. I think Commissioner -- Chairman Sarnaff made a good point about, you know, well, how many of these people are actually from the City or coming from somewhere else? So it's not like it's something that's directly affecting a local City of Miami taxpayer. But my question was -- I think the difference is from now -- from the prior time of this, it was never this $25, 000 fee, okay. So now we're putting on top of that an additional -- and mind you, I think that you should be paying the fee 'cause we, quite frankly, need the dollars in the City, so I'm not disputing that. But now you have the 25,000, now you also have on top of that the increase in fuel that's taking place. So there are a lot of other things that are going into the play in this whole situation, so I just want to make sure that we're considering it all. So based upon what you've heard from each one of us, Mr. City Manager, is it the thought to -- you know, are you open to --? Mr. Martinez: I would like to give it a try, even though it may not he welcomed very warmly, to make a recommendation to at least have an index for the, fuel and maybe modestly raise the fee in line with other areas around us. Commissioner Spence -Jones: But are you saying this can come back to the City Commission again? Mr. Martinez: The ordinance. But we can wait and do this together. Commissioner Spence -Jones: Okay. So -- Mr. Martinez: It's not like -- Commissioner Spence -Jones: So basically, we're asking at this point -- now, I'm assuming that everybody's in agreement that we're deferring this item. And I guess we'll weigh on it more the next time before it comes back. Correct? Mr. Martinez: Right. But if there's not an appetite at the end of the day to raise the fee and then we're -- and we got to make a decision on the contract hecause we have the fee and we've structured that. Commissioner Spence -Jones: Right. 1 think it was just not only the fees. Based upon what I'm hearing from my fellow Commissioners, there might be some additional things -- Mr. Martinez: Yeah, hut -- Commissioner Spence -Jones: -- that they want to address as well. Mr. Martinez: -- to minimize the pirating so that more revenue comes to the -- more tows comes to the towers and, therefore, they have more revenue. Commissioner Spence -Jones: So we're just going to do a -- continue with our month to month for now? Mr. Martinez: Yes. City of Miami Page 73 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Commissioner Suarez: And also -- Mr. Chair, ifI may? --just looking at other avenues to raise revenue through towing. In other words, you know, if we have a pirate -- if we pull over a pirate tower, is there any sort of enforcement mechanism. that we can create 'cause we're penalizing bad behavior rather- than, you know, penalizing our residents by increasing rates or whatever, you know, which --? So that's -- you know, I think that's where the tension comes in. I think we're much more inclined to do something that would penalize bad behavior than we would necessarily to our residents. Mr. Martinez: Let me -- yeah, let us -- give us a chance to do a comprehensive -- Tice Chair Gort: Do an analysis. Mr. Martinez: -- package. Chair Sarnoff: All right. Do we -- what is the exact action we need to take, Mr. Clerk? 1s it --? Dwight S. Danie (City Clerk): It's a deferral. Chair Sarnoff: Because I don't know if this is coming back or if something else is coming back. So Mr. Danie: Well, you would want to defer this item and then we put another item on -- an ordinance on the agenda. Chair Sarnoff: Oh. I -- sorry. Mr. Dante: Is it too late for that? Chair Sarnoff.' Let's just do a real quick -- Governor, let's just do a motion to defer and then we'll take you up. So is there a motion to defer? Vice Chair Gort: Move it. Commissioner Suarez: Moved to defer. Commissioner Carollo: Second. Mr. Dante: I didn't hear. Chair Sarnoff • Motion to defer -- Mr. Dante: Right. Who --? Chair Sarnoff -- by Carollo -- Mr. Danie: Okay. Chair Sarnof: -- seconded by Gort. Mr. Dante: Thank you. Commissioner Suarez: How long? Chair Sarnof: All -- City of Miami Page 74 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Commissioner Carollo: To what meeting? Chair Sarnoff: To -- how long do you need, Mr. Manager? Commissioner Suarez: Two months, three months? Mr. Robertson: I would recommend that you defer indefinitely until the second reading ordinance is on the agenda. Chair Sarnoff • I like that. Commissioner Suarez: That's fine. Indefinitely. Chair Sarnoff: Maker accept? Commissioner Suarez: Yes. Commissioner Carollo: I think he would -- Vice Chair Gort: Yes. Commissioner Carollo: Yeah. And we all accept to defer indefinitely. Chair Sarnoff: All right. Commissioner Carollo: So yes. Whoever the maker is. Mr. Danie: That's fine. Chair Sarnoff: All in favor, please say "aye." The Commission (Collectively): Aye. RE.10 RESOLUTION 12-01427 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF CANDACE JONES, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $50,100, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.524000.0000.00000. 12-01427 Memo - Office of the City Attorney.pdf 12-01427 Memo - Financial Signoff.pdf 12-01427 Legislation.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones City of Miami Page 75 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 RE.11 12-01459 Department of Capital Improvements Program R-13-0015 Chair Sarnoff: RE.10. Julie O. Bru (City Attorney): Mr. Chair, members of the Commission, RE.10 is resolution that would authorize the settlement of a claim. It is a workers' compensation claim. And we have briefed you individually on this matter. Vice Chair Gort: Move it. Commissioner Spence -Jones: Second. Chair Sarnoff: We have a motion by Commissioner Gort, second by Commissioner Spence -Jones. Hearing -- Any discussion? No discussion. All in favor, please say aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A COVENANT RUNNING WITH THE LAND IN FAVOR OF MIAMI-DADE COUNTY, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE VIRGINIA KEY BIKE TRAIL BUILDING PROJECT, B-30995. 12-01459 Summary Form.pdf 12-01459 Legislation.pdf 12-01459 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioners) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0016 Chair Sarnoff: Okay, RE.11. Mark Spanioli: Good afternoon, Commissioners. Mark Spanioli, CIP (Capital Improvements Program) director. RE.11 is a resolution to execute a covenant running with the land in favor of Miami -Dade County for the Virginia Key hike rental building at the Virginia Key. This is for the installation of a septic tank in conjunction with the new project. Vice Chair Gort: Move it. Chair Sarnoff- We have a motion by Commissioner Gort. Is there a second? Commissioner Spence -Jones: Second. Chair Sarnoff: Second by Commissioner Suarez. Arty discussion? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. City of Miami Page 76 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 RE.12 12-01421 Department of Capital Improvements Program RE.13 12-01424 Department of Fire -Rescue RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADDING CAPITAL PROJECTS APPROPRIATIONS TO THOSE LISTED IN RESOLUTION NO. 12-0498, ADOPTED DECEMBER 13, 2012, AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. 12-01421 Summary Form.pdf 12-01421 Legislation.pdf 12-01421 Exhibit 1 SUB.pdf 12-01421-Submittal-Amend ments. pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0017 Chair Sarnoff: RE.12. Mark Spanioli: Good afternoon, Commissioners. Mark Spanioli, CTP (Capital Improvements Program) director. RE.12 is our standard capital appropriations item. We do have a floor amendment and I'ni going to pass it around now. The floor amendment is as follows. We have -- for District 2 we have an adjustment to one of the item. There's a transfer of $150,000 from the Quality of Life, B-39910, to the Blanche Park Master Plan Improvements, B-75830A. That was for District 2. District 3 has three transfers. One of them is transfer of $362,121.71 •from B-30020A to a new project, Citrus Grove Roadway Improvements, B-3049 -- 30749, excuse me. Transfer of $74, 470.84 from B-30020B to the new Citrus Grove Roadway Improvement project, 30749. And transfer of $120,198.45 from B-30020C to Citrus Grove Roadway Improvements, B-30749. And if you have any questions related to the other items, Pm happy to answer them. Chair Sarnoff: Is there a motion? We have a motion by Commissioner Suarez. Tice Chair Gort: Second. Commissioner Carollo: Second. Chair Sarnoff: Second by Commissioner Carollo. Any discussion? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. Mr. Spanioli: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED JUNE 22, 2012, PURSUANT TO INVITATION FOR BIDS NO. 315279, FROM ALL FLORIDA CONTRACTING SERVICES, LLC, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE GENERATOR REPLACEMENT AT FOUR (4) FIRE FACILITIES, FOR THE City of Miami Page 77 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 DEPARTMENT OF FIRE -RESCUE, IN A TOTAL AMOUNT NOT TO EXCEED $518,617; ALLOCATING FUNDS FROM THE FOLLOWING FIRE ACT GRANT ACCOUNT CODE NUMBERS (PTAEO): 18-180020.02.1672, EQUIPMENT, IN AN AMOUNT NOT TO EXCEED $128,632; 19-180020.02.1678, EQUIPMENT, IN AN AMOUNT NOT TO EXCEED $32,158, AND ALLOCATING FUNDS FROM THE FOLLOWING UASI GRANT ACCOUNT NUMBERS (PTAEO): 18-180022, 01.02.01, 1731, EQUIPMENT, 181000, IN AN AMOUNT NOT TO EXCEED $320,000.00 AND 40-72802.05.1105, EQUIPMENT, IN AN AMOUNT NOT TO EXCEED $37,827. 12-01424 Summary Form.pdf 12-01424 Tabulation of Bids.pdf 12-01424 Addendum No. 2.pdf 12-01424 Performance & Payment Bond.pdf 12-01424 Addendum No. 1.pdf 12-01424 Invitation for Bid - Generator Replacement.pdf 12-01424 Certification Statement.pdf 12-01424 KOHLER Generators.pdf 12-01424 Local Business Tax Receipt.pdf 12-01424 KOHLER Power Systems.pdf 12-01424 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gott, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0019 Chair Sarnoff • Okay, RE.13. Maurice Kemp: Good afternoon. Maurice Kemp, Fire Chief. RE.13 is a resolution of the Miami City Commission accepting the hid submitted by Florida Contracting Services LLC (Limited Liability Company), pursuant to invitation for hid number 315279, for a generator replacement at four fire facilities. Commissioner Spence -Jones: So moved. Commissioner Suarez: Second. Commissioner Carollo: Second. Chair Sarnoff. That was a motion by Commissioner Spence -Jones, second by Commissioner Carollo. Any discussion? Hearing no discussion, all in favor, please say live. " The Commission (Collectively): Aye. Chief Kemp: Thank you. RE.14 RESOLUTION 12-01013 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), ACCEPTING THE BID RECEIVED AUGUST 23, 2012, Program PURSUANT TO INVITATION TO BID ("ITB") NO. 11-12-027, FROM FHP City of Miami Page 78 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 TECTONICS CORP., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE MUSEUM PARK BAYWALK AND PROMENADE, PHASE II AND III PROJECT, B-30538, IN THE AMOUNT OF $8,553,620.68, WHICH INCLUDES $7,618,876.54, FOR THE SCOPE OF WORK AND $934,744.14, FOR SELECTED ADD ALTERNATE ITEMS FOR PHASE II AND III, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $855,362.07, FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $9,408,982.75; ALLOCATING FUNDS IN THE AMOUNT OF $2,850,153.75, FROM CAPITAL IMPROVEMENT PROJECT NO. B-30538 AND B-30538S, FUNDS IN THE AMOUNT OF $1,143,000, FROM A FLORIDA INLAND NAVIGATION DISTRICT ("FIND") GRANT FOR THE MUSEUM PARK BAYWALK, AND FUNDS IN THE AMOUNT OF $5,415,829, FROM THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY PROJECT NO. 92-686001, WHICH INCLUDES THE MATCH TO THE FIND GRANT; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. 12-01013 Summary Form.pdf 12-01013-Memo-Recommendation of Award-SUB.pdf 12-01013 Bid Security List.pdf 12-01013 Legislation.pdf 12-01013-Legislation-Version 2 01/10/13.pdf 12-01013 Exhibit 1.pdf 12-01013-City Manager -Memo -Substitution for Item Re.14 Museum Park Baywalk and Promenad( Motion by Chair Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0020 Direction by Chair Sarnoff to the Administration for the Purchasing Director to develop language for consideration by the City Commission that will sped the criteria for vendors to qualify under the local preference option in the Citv's procurement ordinance. Chair Sarnoff: RE.14. Mark Spanioli: Good afternoon, Commissioners. Again, Mark Spanioli, CIP (Capital Improvements Program) director. RE.14 is a resolution for a contract award for Museum Park Baywalk and Promenade. The contract award is for FHP Tectonics Corporation -- it's a substitution item, excuse me -- in an amount not to exceed of $9, 408, 982. The project has a 360-day duration. It to do all the improvements at Museum Park, including the haywalk and the promenade that runs behind the museums. It has all the local workforce and 15 percent CSBE (Community Small Business Enterprise) requirements. Chair Sarnoff: All right. Is there a motion? I'll make the motion to approve. Vice Chair Gort: Ther e's a motion. Is there a second? Commissioner Suarez: I'll second itfor discussion. Vice Chair Gort: Second. Yes, sir. Commissioner Suarez: Thank you. You know, I think -- and I avant some clarification from the City of Miami Page 79 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 City Attorney on this. My understanding is that the procurement director has basically come to the conclusion that this -- the company that was first awarded the contract last Commission meeting is, for some reason, not a local vendor, not a local bidder, pm -- I don't know. I've read so many documents on whether he's a bidder or not a bidder or whatever. And, you know, 1 think this Commission, at the last time that we spoke about this, there was two things that were clear to me. The first was that this process had been very entangled. The second was that we did not want a delay that was going to hinder this thing being done on time. And so, you know, Tin -- you know, I was the author of the expansion with -- in conjunction with obviously this Commission and with Commissioner Sarnoff, who put in the wrinkle of hest and final offer. And so, you know, we made a policy decision to, you know, expand the local preference ordinance. And so for me, I'm -- you know, I'm concerned when you have a definition as a local bidder as someone who is -- who has a local -- who has a company whose local office was not in compliance with all applicable zoning and licensing laws. And then you get into all this gotcha, you know, between companies of, you know, whether they have -- you know, you could do a survey and find out whether they're encroaching, you know, five inches, and then are they not complying with the, you know, local preference. You know, this -- in this case, it's -- it happens to he a dispute about whether a BTR (Business Tax Receipt) was active or inactive or what the situation was, you know. So Ijust -- I think that, you know -- I was told by the City Attorney's office that we only had two options today; that we could either approve this contract or start from scratch. I don't think -- I don't know how everyone else feels up here, but I don't think anybody here wants to start from scratch, and I think that was very clear at this last Commission meeting. So the reason why I seconded the motion was because if I didn't second the motion and no one else did, it would have, failed and then we would be -- this item would die and I don't even know where we would go from there 'cause that was not, you know, even discussed. But my guess is it certainly wouldn't start and we certainly wouldn't award it to anybody. So I think that's an issue that I have. But, you know, I'm just concerned. I'm concerned that, you know, when there's a matter of discretion in an ordinance that I consider to he somewhat vague, that the discretion isn't exercised in favor of what I consider to be the policy that this Commission has adopted, which is to expand local preference. The policy objective behind that is very clear. If we're spending bond dollars, which are paid for by our taxpayers, we want to reinvest those savings or those dollars in companies that are from our area, and that's why we all did it back then and I think we're all are very proud of it. But what we don't want is this to become, you know, an issue where, you know, it's -- let's find hyper technical ways to disqualify people. You know, if. the person -- if you read this ordinance, you could, theoretically, disqualify someone as a local vendor for not having a BTR in another state. Because what it says here is all applicable zoning and licensing laws. So I mean, applicable where? Could be applicable in another county, another state. So I -- you know, for me, I think we really need to fix this ambiguity in this statute and in this ordinance. And, you know, I don't know how everybody else feels, but I'd love to see, you know, how everyone else feels about this issue. Chair Sarnoff • Mr. Chair. Vice Chair Gort: Anyone else? Chair Sarnoff Yes. Vice Chair Gort: Yes. Chair Sarnoff: First, let me jump in what Commissioner Suarez is saying. I think what we have is procurement director interpreting a very imperfect ordinance that was probably poorly drafted. But I think it was the intent of this Commission not simply to have a post office hox or simply have a street address where occasionally somebody might or might not be. 1 think it's our intention --for me, it would be probably about three live persons in an office. Commissioner Gort might say, no, I want five; Commissioner Spence -Jones might say ten. Or he might say one. We want an office that appears to be attended and appears to he a regular use office. And by the City of Miami Page 80 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 way, in requiring that or at least giving them the final hest offer and the local option preference, we may actually move people into the City of Miami and create some BTR revenue for ourselves, create some job opportunities fir ourselves. You know, at a minimum, in a low usage time, we might even have receptionists, we might have secretaries, and we might have a manager. So 1 completely agree that this particular ordinance -- and I don't think it's a big tweaking -- needs to just define what is local -- what does a local office look like? Commissioner Suarez: Right. Chair Sarnoff: What is our intent behind that local office? We will form a consensus that if — Spence -Jones don't want five and Willy says one, well probably compromise at three. So I think that's important. The other thing I wanted to say -- I really have two more things to say, and I'll be brief, Mr. Chair. I made some comments about FH Paschen and I want to clarify some things. FH Paschen and I were having a significant issue with regard to the streets in the Grove. I will not change my story from that at all. And I am not ecstatic with their work performance with regard to the streets in the Grove. However, FH Paschen has done a significant work in my district, 1814 Brickell Park; has done work at Blanche Park, has done work at Lincoln Park, and I know I'm missing a park in there somewhere. They have done exceptional work in parks. So I sort of have an expression with these guys: stay Willy roads but get into my parks. And I think they'll fix -- I hope they'll fix their road crew. Also, Paschen is a company that is primarily based in Illinois, and I know now that they're actually going to he opening up a local office here in Miami, so that's a good thing 'cause we're attracting new businesses here in Miami. So let me just say I don't think they're non -responsible because they're dealing with a park. I may vote differently, Paschen, had this been a street or an improvement to a street, and I still think that you need to work on that. I will tell you this. MCM and I have met significantly in the past two days, and MCM has agreed not to dispute this any longer. Not to file suit, not to take any further action in this case. And I think we have to call out our locals and say thank you to them because the Munilla brothers -- Tice Chair Gort: Yes. Chair Sarnoff: -- and they're sort of an iconic family here in Miami. And you have to really say to them -- and don't know how to say this other than attaboy, thank you. Because this process could get tied up in a park where the County has put a lot of money, the City's put a lot of money, we've put a lot of our effort in this, the museums. And it needs to open on time. So to the Munillas, I think the City of Miami owes them a debt of gratitude and thank you for not taking a process any further. I'm not here to criticize the Manager or the Administration on this, 'cause I think what happened is we created an imperfect ordinance for you to interpret and I think you did the hest you could. But you know what -- what do they say, make mistake once, shame on me -- or shame on you -- and well fix it. We just won't make the same mistake twice. So 1 would ask you, Mr. Procurement, give us some language on a text amendment. We'll debate whether it's three persons. We'll debate whether it's anyone. I certainly would like to see a live body in that office. I'd like to have a description of what you think a local office looks like. And I bet we'll pass it on first reading. Commissioner Suarez: Mr. Chair, may I just add one thing to what you just said? I think in this particular case, the way this all happened was it was kind of an administrative determination that they were not a local -- and then there was a position taken that they could not protest that determination. So I think it should be also clear -- and then I think -- I want to say even if they could protest, et cetera, et cetera, et cetera. I think it should be clear too that -- and I don't want to encourage a -- you know, a competition between companies trying to disqualify each other. But I think from a due process perspective, you know, if there's an ambiguity in the ordinance, 1 think the policy -making board should he the one that makes that decision. We should be the one that, you know, sifts through the facts and says do all the facts in this case demonstrate that this is a local office or is not a local office. And I think that was kind of denied this body with the City of Miami Page 81 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 way this thing was done, and I think that should he another part of whatever statutory ordinance fix that we do. Vice Chair Gort: Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: I just have a quick comment. And I'm glad that Commissioner Sarnoff; you know, basically kind of made comments regarding some of the things that was said on the record the last time 'cause it was a little rough. That's -- I can count the number of times that he said something that rough about something that's happening in his district. But I think that just as leaders, as we sit on the dais, and not just on this issue -- I'm not just harping on this particular issue -- but we have to just be mindful that people build their companies -- their reputations are very important. FHPs -- am I saying it right? FH-- Paschen -- Chair Sarnoff: FHP, that's correct. Commissioner Spence -Jones: Okay, Paschen, and MCMs. You know, your reputation is all you have. And we have to he mindful as a board, as we sit up here, and we say things about people that come in front of us how it affects not only their companies, but it affects, you know, the families in which you guys, you know, serve -- we all serve. So, you know, I'm glad that we kind of addressed the issue, and I'm glad that Commissioner Sarnoff came hack and kind of addressed it, 'cause that was one of the points that I really wanted to make with my fellow Commissioners, that we just -- in general, we just -- we really need to just not do that. The other thing that 1 wanted to just mention, and I think it's important, and I want -- maybe Julie can clear it up for me. Did we ever actually make a finding, if MCM was a local company or not? And I want to add -- I know -- to the overall process 'cause I think it's important in this, you know. I remember at one time we discussed -- and I don't know if fit's necessarily attached to this ordinance. I don't think it is, but you know, we -- in other ordinances that we have even, lithe company is not City of Miami company, if the company is a county, a Miami -Dade County company, or a company that is at least in Miami -Dade County, they also have some sort of preference because I think that that's important. Even if they're not, I think that needs to be added to the process as well because everyone knows up here I've been a strong supporter of supporting companies from Miami -Dade County, especially from the City of Miami. The only issue that I would have on this particular agreement is the fact that the company is not here. It is -- I understand that they're going to bring a office here and I appreciate the fact that they're going to do that. But at the end of the day, the people that have been here for God knows how long, pushing very hard, you know, to make projects happen, to hire local people here, right here in Miami, that have been doing it for a long time, unfortunately in this situation they're being pushed aside. So I would like to make sure the process is just not limited to the City of Miami, but after the City of Miami has heen dealt with, then at least Miami -Dade County should he an option. Because everything that we all fight for up here, we're doing the exact opposite right now. We're going -- we're supporting a company outside even the state of Florida, you know. So far me it's nothing -- saying anything against the company. I understand that they're corning and, hopefully, they're going to hire a lot of people from Miami, the City of Miami first, correct? Correct? So that's going to happen. But I just -- I hate to see that a local company would be pushed aside because of that. And last but not least, for my procurement director. I know that he's very pass -- he was very -- in my very short briefing with him on this issue, he was very passionate about this issue, and he really felt strongly about the fact that this contract should be awarded to FH Paschen. So that is the reason why I'm assuming we're going in that direction. And I know that our City Attorney also chimed in on this issue to basically say we have to go along with -- even though we -- to nay understanding, we know that MCM is a local company. So is that correct? Ms. Bru: Commissioner, 1-- Commissioner Spence -Jones: Or we still don't know that? City of Miami Page 82 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Ms. Bru: -- can answer your question. A determination was made by your Purchasing director that MCM did not meet the definition of a local company as he interpreted the procurement code. That determination that is made was concurred to by the Manager and the City Attorney's Office as is required under the code. Commissioner Spence -Jones: But now that this is -- did you ever -- was that the determination, the final deter -- that they're not a local company? Because we know that they are. Kenneth Robertson: Kenneth Robertson, Purchasing director. For this procurement and under these circumstances, with a bid submittal date of August 23, 2012, MCM did not meet the definition of a local office pursuant to 1873 of our code. That was formally communicated to them on December 5 and then again rebutted on December 6. And they were then afforded their due process rights in accordance with Section 18104 of our procurement code. As of this morning, we received a letter from the Miami -Dade County tax collector division that irrefutably proves that fbr a period glover one year, from a period of time from November 15, 2011 until a reverse transfer action was then initiated on December 5, 2012, that MCM did not have a Miami -Dade County BTR for their address, for their business operations at 1429 Southwest 1st Street. The procurement office and the CIP (Capital Improvements Program) Department routinely administratively make decisions regarding local preference eligibility. This is a part of our daily work operations. Every single procurement that we administer, we have to make a determination far local preference when there is a local bidder that is claiming that preference within 15 percent of the lowest bid amount. In this particular case, there was irrefutable evidence by a signed transfer receipt from the County that this address far this BTR had been transferred to a location outside of the corporate limits of the City of Miami. I stand behind that determination 100 percent for this procurement under these circumstances only. I do understand that they have a local preference -- local presence here in the City of Miami. I would never dispute that. But the code is clear that they have to meet the definition of our local office in order to be given the preference. Commissioner Spence -Jones: Well, Ijust wanted to acknowledge you before I turned it back over to the Chair for -- you know, it takes a lot -- I know that this particular situation got very messy and, to a certain extent, you were even challenged with your --from a professional standpoint as to whether or not you were doing what's right. And I just wanted to at least acknowledge you for sticking to what you felt and you feel is and you believe is the right thing to do and having the courage to speak up on that issue, regardless of how people might have felt about your decision. So -- Mr. Robertson: Thank you, Commissioner. Commissioner Spence -Jones: -- 1 support you as a director fbr that department, Ken. And if you're -- if this is your recommendation, then that's what I'm going to go with. Commissioner Suarez: Mr. Chair. Vice Chair Gort: As was stated -- yeah, I'll recognize you. Go ahead, go ahead. Well, as I stated before, one of the things I've asked the directors of the different department, as we discuss the different problems that we have here, come and tell us what are you having problem with with our code; let's make the changes. I think what we discussed a little while ago, we got -- we have to he very specific of our code, what it state, because it's a shame. This M -- MCM is a company that started very small here. It's a company that, right now, is local company and it's doing business worldwide, and it's a shame that this happens and -- that we had to go through this process. At the same time, 1 had an opportunity to meet -- to sit down and meet with Munillas. And they had the opportunity; they could have taken us to court and -- but that would have delayed this a lot more, and they didn't want to do that. So I really want to thank them for doing that. But it's a great company. It's a local company that has created a lot of jobs in here. But City of Miami Page 83 Printed nn 2/12/2(713 City Commission Meeting Minutes January 10, 2013 think we need to work on our code. And I ask every director, whenever you see a problem within your department that needs to he changed, come to us; we'll change it. Anyone else? Commissioner Carollo: Yes, Mr. Chairman. Recognized? Vice Chair Gort: Yes, sir, you're recognized. Commissioner Carollo: Thank you. This one is a little difficult for me because I actually wear two hats and I'm conflicted with the two hats that I wear. One is the chairman of the Bayfront Park Management Trust, and at the same time, I am the district Commissioner fbr District 3 in Little Havana. And the reason why I say that I'm conflicted is because, in all fairness, I want this project to move forward. I said it in the last Commission meeting. We need this to move forward. I mean, it's been deferred and deferred and deferred. And realistically, I'm concerned with the timing. At the same time, I think no one really is disputing that this is a local firm. Now, when I say that, I mean no one is disputing that they're a local firm maybe not by definitions of what the code said, but the bottom line is, they are a local firm. 1 mean, we all know them. They've been around for many, many years. And, you know, I don't know how many of you have driven by that location, but I have driven by that location, including last night, around -- I forgot -- 6, 7, 8 o'clock at night and lights were on and there were people working in there, you know, so -- And this is a, you know, business in Little Havana, in an area that, in all fairness, most businesses are out of business. So I'm a little conflicted here because I want this to move forward, but at the same time, 1 hate for a local firm to, you know, lose an opportunity. Commissioner Sarnoff already, you know, addressed the other point that I had with regards to what he had mentioned in the last Commission meeting. And the third thing is, I haven't had a chance to meet with FHP. I know they reached out to my office. But in all fairness, it was a little late by the time that they reached out to my office. I already had hooked. And I have an issue now, also being the Chairman rfBayfvont Park, that we are either in negotiations or we have completed negotiations with the Boat Show, and we are going to need fbr the contractors to work with us because we need limited access from the land side for the boats. You know, during the Boat Show, we plan on having, you know, the boats held in deep water slips and floating docks, barges, but we need, you know, limited access in order to make that happen. So I need to be able to work with the contractors to see this happen. And once again, this is revenues for Bayfiont Park Management Trust that, as I've mentioned in the past, you know, does not receive any subsidies, from the City. So this is something that 1 haven't been able to speak to FHP about, but I want to be able to, you know, address on the record, if passible. Javier Vazquez: If I could? Commissioner Carollo: Sure. Mr. Chairman. Vice Chair Gort: It's all right. Go ahead. Commissioner Carollo: If he could address us with a question that I asked? Vice Chair Gort: Yes, sir. Mr. Vazquez: Good afternoon, board members, Commission members. My name is Javi Vazquez, Javier Vazquez, law offices at 1450 Brickell Avenue, with the law firm of Berger Singerman. Before I proceed, I'd like to just make a real quick introduction. I represent FHP Tectonics. And joining me today are Mr. Leo Wright, who's vice president of the company, and Mr. David Roy, who's the South Florida representative of FHP. And I'm going to get to your point, Commissioner. Just real quickly, 1 mean, we all know that procurement is a very technical process, very difficult process that sometimes ends up in situations like this. One good thing that I think -- or a couple good things that I think have resulted from this particular hid and this particular process, A, because of the conversations that's taking place here today, I think we see City of Miami Page 84 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 a purging as it relates to some positive changes that are going to come along the pike as it relates to your code with regards to the local business preference, and you know, another thing is that it has been a very clear message to our company to start identifying the areas that we need to improve on and the areas that we need to continue doing well in. As Commissioner Sarnoff mentioned, we do intend to become a local business immediately. We know the urgency of that issue. And I wanted to say one more thing before I address the Commissioner's question. That one of the -- the other good thing that came out of this was -- this process is notwithstanding all the things that went on, the final price that's before you today is the lowest of all the prices that was -- that were submitted with regards to this hid, even after the rescission, even after the disqualification of our competitor, whom we also commend, for the record, for their actions today. FHP joined your staff and agreed to the bottom price so that the Miami residents will not be paying a dollar more than they were otherwise going to pay with regards to this project. And the last thing is, as it relates to the completion time, we know we're under the gun and we want to do everything possible to make sure that you give us the green light today so that we can get going with this project and hopefully deliver it on a timely basis. Now, with regards to Commissioner Carollo's question, what I'd like do is ask Mr. Wright to come up and, specifically, if you could give us a little bit more information on what that means and what you would need from us, we can talk a little hit about it right now and I'm sure it's not going to he a problem. Commissioner Carollo: Hi. I don't have the specific details in front of me, but the bottom line is -- and I don't know if we are -- have a signed contract already, hut we are definitely in conversations with the Boat Show, and we plan on extending the Boat Show to Bayfront, where n'e will have large yachts and different boats, water slips,. floating docks, barges, and so forth. But we were going to need your cooperation for some limited access in order to he able to bring these boats in. It's going to be during construction. Bay/ront Park Management Trust has always been reasonable. I would ask that you reach out to our executive director or that would have him reach out to you in order to get into the specifics. But you know, I'm doing it in good ,faith, asking, you know, work with us because again, it's revenues to Bayfront Park Management Trust, the City of Miami. Leo Wright: Absolutely. I mean, we do a lot of work in the City of Miami, coordinating with a lot of different agencies. Absolutely. (UNINTELLIGIBLE) -- Dwight S. Danie (City Clerk): Excuse me. Mr. Wright: -- City, Capital Improvements engineers -- well, understand (UNINTELLIGIBLE) -- Vice Chair Gort: You got to speak in the mike. State your name and address. Mr. Dante: Could you -- Mr. Wright: My name is Leo Wright. I'm the vice president ofFHPaschen. So absolutely, Commissioner. The one thing I wanted to make -- you know, as far as a local contractor, we've been in South Florida for about ten years, and actually, we do have an office in Miami, but I guess it's unincorporated Miami so we can't make that actual claim of being within the City limits. If you look at our letterhead, it's 165th Street, Miami, Florida. And we do hire all local contractors. So as far as, you know, integrating ourselves with the community. flee! we have so. Commissioner Carollo: And before you leave, if could leave your information with us so I could have the executive director reach out to you with more specific on what we're going to need? Thank you. Mr. Wright.: Sure. Thank you. Commissioner Spence -Jones: And Mr. Chairman -- City of Miami Page 85 Printed nn 2/12/2(713 City Commission Meeting Minutes January 10, 2013 Vice Chair Gort: Thank you. Commissioner Spence -Jones: -- I just have one thing 1 want to add -- Tice Chair Gort: Yes. Commissioner Spence -Jones: -- on this jobs part of it. As you know, that's one of the biggest things that we push. I know you just stated on the record that you've been here far ten years, so you're hiring people on a local level, and I'm glad that you cleared that up. But what 1 would like to do -- I know Lillian Blondet, she's here somewhere in the hack. She's over our new career center. And one of the things we really want to make sure is all this construction -based projects that are corning in the City of Miami -- and I know that it's already in the agreement as far as, correct, the local work -- Mr. Wright: That's correct. Commissioner Spence -Jones: -- force? But I want to officially put it on the record because, quite frankly, we need as many people corning to the center as possible to register. I don't know -- there she is. Vice Chair Gort: She's right there. Commissioner Spence -Jones: She's running out here. I would like for you guys to at least connect before you leave, 'cause you guys represent a lot of jobs that's going to be coming very soon, and I know that she also needs those numbers corning through the center as well. So if guys can connect, I really would appreciate it, to make sure that we're both helping each other. Mr. Wright.: Absolutely. Vice Chair Gort: Okay. Mr. Vazquez: Thank you. Vice Chair Gort: Thank you. Is any further discussion? All in favor, state it by saying aye." The Commission (Collectively): Aye. Vice Chair Gort: Thank you. Mr. Vazquez: Thank you. Mr. Wright: Thank you. Mr. Vazquez: Have a good afternoon. RE.15 RESOLUTION 12-01423 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, A BODY CORPORATE AND POLITIC ("LICENSEE"), TO ALLOW THE LICENSEE'S USE OF A PORTION OF THE City of Miami Page 86 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 CITY -OWNED PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, TO PROVIDE PARKING FOR THE LICENSEE'S EMPLOYEES DURING CONSTRUCTION AT THE NEIGHBORING MAST ACADEMY, FOR A TERM OF THREE (3) YEARS AND AT NO COST TO THE LICENSEE, WITH ADDITIONAL TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 12-01423 Summary Form.pdf 12-01423 Legislation.pdf 12-01423 Exhibit 1 SUB.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones R-13-0021 Direction by Commissioner Carollo to the Administration for a report regarding any fees received for the use of the City's parking lot during the Sony Ericsson Open, the value of any in -kind services received and the market value for the parking spaces during the Sony Ericsson Open. Direction by Vice Chair Gort to the Administration to prepare a report on all the revenues received for special events held in City parks and how often the Parks Department uses school parks and/or school areas for the Citv's benefit. Chair Sarnoff: Okay. We have RE (Resolution) -- Vice Chair Gort: 15. Chair Sarnoff: -- 15. Henry Torre: Good afternoon. Henry Torre, director of Public Facilities. RE.15 is a resolution authorizing the City Manager to execute a revocable license agreement between the City of Miami and the School Board of Miami -Dade County, to allow the licensee's use of a proportion of City -own property, located at 3501 Rickenbacker Causeway, to provide parking for licensee's employees during construction at the neighboring MAST (Maritime and Science Technology) Academy, for a term of three years and at no cost to the licensee. Chair Sarnoff: Three years? Mr. Torre: Yes, Commissioner. Chair Sarnoff: Is there a motion? You can certainly lower the amount of. time. Mr. Torre: Commissioner, I would like to add that all revenue opportunities, historical, are being preserved. During the Sony tennis tournament, they will not have access to this area and a triathlon. Commissioner Carollo: They will not have access to that area during the Sony tennis tournament. Mr. Torre: Correct. Commissioner Carollo: How much money does the City receive from the Sony tournament for City of Miami Page 87 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 allowing them to use that parking space? Mr. Torre: Commissioner, I don't have that information. I can get it fir you, though. Johnny Martinez (City Manager): I do, zero. Commissioner Carollo: Yet, you're the director of Public Facilities so, yes, I would hope you could get that information. Mr. Torre: 1 can, Commissioner. Just so you know, Sony rents a lot of our parking areas so it comes in one. There's not only that area. They rent other areas of Virginia Key. Commissioner Carollo: Yeah, but my issue with that is what the City Manager just said; we receive zero. So it's not just that area. It's a lot of areas, and the City of Mianii is receiving zero. And it's going to get to a point until when? I mean, are we a financially strapped city or not? Now, 1-- And at the same time, you know, I'm not some ogre up here, you know, that doesn't vivant to help out a fellow government agency, so I'm willing to work with the School Board, but you know, let's start putting everything out here. Are we financially strapped or not? And if we are, why aren't we receiving any monies whatsoever? Mr. Torre: Right. Commissioner, the School Board is here. They did ask to have the opportunity to speak on that exact item. Chair Sarnoff.' You're recognized for the record, sir. Michael Levine: Good afternoon. I'm Mike Levine, with Dade County Public Schools, Facilities Planning Department. Commissioner, I'm not sure if I understood. During the tinges of the year when that parking lot would be utilized for Sony Ericsson Tournament or any other uses that are income -producing to the City, the school district would not be using that area. Commissioner Carollo: Real quickly, and not to interrupt you. Yeah, but there's two issues right here. What you just said, "income -producing to the City." They just said that the Sony Ericsson does not produce any income for the City. So there's two issues here. One is, yeah, doing a lease with you or -- for three years or so forth where you're not going to be paying anything for the City. And you're a government agency, so you know, it's something that, you know, I would like to work out. I mean, just this morning, weren't we talking about contributions in lieu of taxes and all that stuff:? What happened to all that discussion? All Ufa sudden, now it disappears and we forget about it? I mean -- and, again, I'm saying this respectfully because you are, you know, a federal government agency and I want to work with all government agencies. So I'm saying this respectfully. But at the same time, the City of Miami is financially strapped for money, and you know, if we are this morning, we are this afternoon. If we are today, you know, we are going to be tomorrow; hopefully not in a few years. But you know, if we said this a year ago, you know, and we're still in the same situation and we still can't get our financial statements -- you know, our audited financial statements on time and we're -- you know, then we're still having that issue. So what I'm saying is that fir one item, we can't say well, you know, let's, you know, be nice, and we're a 501(c)3 in a charity case, and you know, let's hand out, you know, City properties for free. And then in another instance, we need money. We need -- Commissioners, we want to employ an additional hundred officers and we're going to have to, you know, do the hard decisions and stuff like that. Well, guess what? This is part of it. I mean -- and again, I want to work with a governmental agency. But this also brings another point. Sony Ericsson, how come we're not receiving any fundings [sic] from them? Commissioner Spence -Jones: I just -- I -- and that was going to be my question, just piggyingback [sic] on -- Is the School Board receiving any money during that time when Sony comes? No. City of Miami Page 88 Printed nn 2/12/2(713 City Commission Meeting Minutes January 10, 2013 Mr. Levine: No. Commissioner Spence -Jones: You just let 'em use it? Commissioner Carollo: No. Mr. Levine: We have been asked by City staff to make sure that we would vacate that area so that the entire parking lot could he utilized for the tennis tournament. Commissioner Spence -Jones: So -- and Iguess, Henry, you're saying that -- Mr. Torre: Commissioner, honestly, I have not been involved with that agreement with Sony. I can find out more about it. Commissioner Spence -Jones: Okay. All right, so I just want to be clear, Commissioner Carollo, 'cause, I mean, it's a great -- Mr. Torre: Commissioner -- Commissioner Carollo: Commissioner, let me just explain my points real quick. Commissioner Spence -Jones: Okay. Commissioner Carollo: Okay. Number one is, you know, a three-year agreement with Miami -Dade County Public Schools, for them to use our parking lot free of charge, and as you mentioned, for three years. Number two, they said -- trying to work with us -- during the Sony Ericsson events and other events that are income -producing for the City, they will not use those parking lots. But I'm saying, those events aren't even income -producing so I'm questioning why do we allow, once again, our park -- and this is now Dade County Public Schools. This is, you know, Sony Ericsson and I don't know whatever corporation they're under. But why do we allow them then to park, again, in the Marine Stadium and different parking lots for free and we're not receiving any income from it or any revenues from it? Commissioner Spence -Jones: Right. So it's -- Mr. Martinez: Commissioner, may -- Commissioner Spence -Jones: I'm sorry. Mr. Martinez: -- I add one -- Commissioner Carollo: Two prong -- Mr. Martinez: -- little thing? Commissioner Carollo: -- question. Mr. Martinez: Yeah. It's not that we're not receiving anything. On the Sony Ericsson, we were receiving in -kind services for cutting some trees and clearing the area and that type of thing. I know one year it -- they promised to do it and it wasn't done, and we were going to police them to make sure that it was done in this last tournament, and I was told that it -- that they did go back and trim the hushes and the trees that they were supposed to as an in -kind service for that. As far as -- and I don't want to talk about -- City of Miami Page 89 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Commissioner Spence -Jones: Okay. Can I -- I think that what Commissioner Carollo is -- mean, is basically saying -- stated -- I'm assuming that he doesn't have a problem with Miami -Dade County Public Schools utilizing the parking space for these kids 'cause that's when you -- that's what you need the parking spaces for, correct? Commissioner Carollo: It's for construction workers. Mr. Levine: No, no. It's for staff and some students and some construction work --it's for primarily staff Commissioner Spence -Jones: Okay. So I just want to -- so I know that we don't -- we're not having an issue -- your issue is if this park -- if these parking lots can be used -- or parking spaces can he used after those time periods, then Public Facilities should be looking at some income producing opportunities from these lots -- I mean, from -- Mr. Torre: Commissioner -- Commissioner Spence -Jones: -- this lot -- parking. Mr. Torre: -- I think I need to clarify something 'cause I think -- Commissioner Spence -Jones: I just want to make sure I'm clear. Commissioner Carollo: Commissioner, two pronged, okay. I definitely, definitely want to work with our -- with all our governmental agencies. Commissioner Spence -Jones: Yes. Commissioner Carollo: So that's not an issue. Tin willing to work with them. Commissioner Spence -Jones: Right. Commissioner Carollo: But I think the City of Miami's being very generous, allowing all these parking spaces or parking lot to be used, free of charge. But at the same time, I would like, you know, some of that same kindness from the School Board to the City of Miami, and I don't know what that is. Commissioner Spence -Jones: Yeah. Commissioner Carollo: I'm just saying -- Commissioner Spence -Jones: Well, I -- Commissioner Carollo: -- we need to help each other out. We're financially strapped -- Commissioner Spence -Jones: Right. Commissioner Carollo: -- so I don't know what that could be. Now at the same time, sort of different issue, but the same related, we are leasing and renting out those same parking lots to, let's say, the Lipton Corporation or -- no, Sony Ericsson, and we're not receiving revenues for it. I'm hearing now that there -- we're receiving some in -kind services. I don't know what is the -- you know, how you price that. But the bottom line is, once again, it is a City asset that is not producing the revenues that it should. Mr. Martinez: And Commissioner -- City of Miami Page 90 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 Commissioner Spence -Jones: I -- I'm sorry, just let me finish. Mr. Torre: Can l clarify --? Commissioner Spence -Jones: Can I just --? Chair Sarnof f: All right, let's -- I'll tell you what -- Commissioner Spence -Jones: l just want to -- Chair Sarnoff.' Wait, wait. Stop, stop, stop, stop. Let the Manager speak, then Commissioner Spence -Jones, then we'll have Torre speak, and then Commissioner Gort. Mr. Martinez: Commissioner Carrillo brought up the -- you know, he's in favor of intergovernmental cooperation. We have a lot of things with the County, including the parking garage on Virginia Key, where we need more property from the County in order to fit in -- Commissioner Carnllo: This is the School Board, though. This is the School Board, not the County. Commissioner Spence -Jones: Yeah, that's what I wanted -- that's what 1 was trying to add. 1 know for a fact the School Board, we have the same relationship, 'cause there's other projects within my district, quite frankly, that Alberto Carvalho allows for us to use at no charge. So the School Board has been very supportive about -- whether or not it's land. They allowing for us to do park space. I'm getting ready to put a garden. I mean, the list goes on and on about what the School Board does, so I think that there is definitely a fair exchange. But what I do like about what you suggested, and I'd like to maybe take it to a whole 'nother level, is you know -- if we know for a fact during the Sony Ericsson or during the tennis tournament people are using those parking lots. So if they don't want to, you know, pay us, you know, what they -- what we feel we should he getting from it -- Commissioner Carnllo: Fair market value. Commissioner Spence -Jones: -- then maybe then we put our own parking, you know, attendant there and we charge and we make our own money off of it, you know. That brings revenue, and I'm sure Virginia Key Beach -- I'm sure the park -- the Parks Department can use that revenue. I mean, I just think we need to -- like Commissioner Carnllo is saying, we just need to be more innovative in looking at every aspect of which we can make money. And you know, it may not he a whole bunch of money, but it will at least cover some costs that may go back into parks. 1 like your idea of, Hey, once the school kids are out and the teachers are out and all of that, if it's being used for an event, why not look at this as an opportunity, not trimming trees. I like trimming the trees, but quite frankly, that's really a favor or service to them. They don't want branches and everything on the lots and they want it to be clean as well, so they need to do that no -- they -- as a matter offact, they should do that, plus they should he paying us. But with that being said, 1 think that maybe we need to just look at, Henry, creating some additional revenue, whether or not -- whether they pay us to rent it during that time or whether we use our Parks staff to just collect the revenue, you know, for parking. That could be an option and additional revenue, and I think that the Commissioner would be pleased with that. Chair Sarnoff Commissioner Gort. Tice Chair Gort: I think what you're saying is whatever deal we have with the County and so on, let's not do it anymore and let's charge, and that's I understand what they're saying. Now, my understanding is, that facility has been used in the past and people have paid for it. Because I City of Miami Page 91 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 remember we had people that come in here that we were charging too much for certain events that were taking place in there. So the question is, Are we getting any revenues? You're telling us there're certain services they providing. That service has got a value. At the same time, you said we're going to need additional land to do certain things. That has a value also. So this is -- what the Commissioner's asking is, What's in it for us? Simple. Mr. Martinez: We're definitely going to look at restructuring the arrangement that we have, you know, with the County for these events and generate money for them and we should he getting part of it, maybe not -- Tice Chair Gort: I mean, if they're charging for the service and they're making monies out of it, we should too. Mr. Martinez: Yes. Commissioner Spence -Jones: Yeah. Tice Chair Gort: Yeah. Commissioner Spence -Jones: Exactly. Vice Chair Gort: That's -- Commissioner Spence -Jones: (UNINTELLIGIBLE). Mr. Torre: Commissioner, I think one thing to also consider -- again, I have not been involved in the Sony negotiations, hut that tournament does have a lot of benefit fbr the City ofMiami. The hotels are more occupied, restaurants are used, so there is some other additional benefits to the City of A4iami. But back to this issue, I think there's a misunderstanding. We're only allowing them to use a small portion of that parking lot. That portion we do not make any revenue on. You know, we have triathlons there that if -- we use portions of this lot. However, this area will not impede, Commissioner. Vice Chair Gort: Question, the triathlon -- Chair Sarnoff. Wait, wait, wait, wait, wait, wait. Vice Chair Gort: I'm sorry. Chair Sarnoff: Commissioner Carollo has the floor. Commissioner Carollo: Okay. Thank you, Mr. Chairman. And with all due respect, Mr. Director, we do not make any revenues because we have not been innovative enough for ways of making revenues, or is it just because it's just there and we don't do anything and that's why it's not making revenues? I mean, can you name ofone innovative idea that we've had to generate revenues there that hasn't occurred? Mr. Torre: Well, Commissioner, as you know, the Marine Stadium is closed, has been closed for a long time. What we -- our department has done is we work with triathlons. We do lease space. But don't know if been out there lately; there's really no major businesses close by that would require overflow parking. This parking area is really suited for overflow parking. At this point, due to the surrounding businesses, there's really no marketfor these parking areas. What market there is are triathlons, things like that, which we can still secure, still receive the revenue on. That's why we have them in this area here designated. It's going to have zero impact on any potential revenue we can receive. City of Miami Page 92 Printed nn 2/12/2(713 City Commission Meeting Minutes January 10, 2013 Commissioner Carolla: And let me yield to nay colleagues now for a little help with, you know, memory. Didn't we pass -- this was before your time, Mr. Director -- an increase in fees there because, apparently, there was a need and there was usage for this? All of a sudden, how come there's no usage and how come there, you know, is an empty lot? Mr. Torre: Commissioner, I didn't say there was no usage. I said that rarely is the entire area used. It's a very large parking area. And this actually -- this picture doesn't give it justice because it actually goes further down this way. When we do have events, Commissioner, most of the events require use of this area here. This is why we did not discuss, you know, them parking here an the water; front area, just this back area because we felt that that would have the most minimal amount of impact. And again, I do want to stress Public Facilities is always looking for revenue sources, ticket surcharge -- I think that's corning forward. However, they did ask us, as a courtesy, to put this item so that they could discuss this with the Commission. And again, it's at the will rf the Commission whether they want to give it far free. Commissioner Carollo: And -- Vice Chair Gort: Question. Commissioner Carollo: -- even the -- even as far as the term, like we could start with a one-year term and then bring it back to this Commission for -- Mr. Torre: Well, Commissioner, it's revocable license agreement, so we can cancel it with 30 day's notice if we really wanted to. It's not a lease. It's a revocable license agreement. Commissioner Carollo: So let -- question, so if it's a revocable license agreement, why do we put years behind it? This is not the only time, but we always put years. We always put, you know, one, two, three, our. Mr. Torre: Well, Commissioner, I think it's just fbr transparency. If we feel that the item is going -- if they're going to need two years, three years, we'd rather be as transparent as possible. Mr. Levine: And the amount of construction far the school will take about three years. Commissioner Carollo: And with regards to -- you say you could revoke at any time. Who can revoke it? Mr. Torre: I'm sorry; who can? Commissioner Carollo: Who can, the City Manager? Mr. Torre: Either party can revoke it. Commissioner Carollo: Right, I understand that. But who from the City can revoke it, City Manager? Mr. Torre: City Manager. Commissioner Carollo: So it wouldn't come hack to this Commission. Mr. Torre: 1 don't think so. Commissioner Carollo: Unless a Commissioner would have an issue and then come to the -- City of Miami Page 93 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 Mr. Torre: I'll ask -- Commissioner Carollo: Okay. Listen, in the spirit of working again, with our governmental agency and, you know -- I'm willing to move forward with this. However, I do want to have a direct -- I do want this Commission, if possible, my colleagues support me to send a directive that I want to know with regards to the Sony Ericsson, are we receiving any fees? If we're doing in -kind services, what is the value of the in -kind services, and what is the market value for all these parking spaces during the Sony Ericsson so we could, you know, negotiate or initiate some type of negotiation now that it's still early. We're in January and the Sony Ericsson's in what, March? So we have -- we -- you know, we have some weeks in order to negotiate this. Mr. Torre: Do you want this to include some information like impact on occupancy of hotels in the City of Miami, restaurants or no? Vice Chair Gort: No, no, no. Commissioner Carollo: Listen -- Mr. Torre: Just --? Okay. Mr. Martinez: Nn. Commissioner Carollo: -- don't comingle it -- Mr. Torre: Okay. Commissioner Carollo: -- Mr. Director. Don't commingle it, you know. With that said, at the same time, 1 ask that, you know, 1 meet with either you or a representative of the School Board in order to discuss possibly -- you know, some of the things that Commissioner Spence -Jones mentioned, you know, as far as space and some locations of Dade County Public Schools. It's happening in her district, but you know, I -- and Mr. Director, Mr. Manager, we've spoken about it, where not for profit organizations are looking for rental space or locations in District 3, in Little Havana. So maybe we could, you know, work something out with the School Board since they have a lot more buildings. So it's something that 1 would, hopefully, both in good faith, could discuss -- Mr. Levine: Certainly. Commissioner Carollo: -- in the near future. Mr. Levine: I could tell you right now we have a lease with the City, for over 7,000 square feet at the Lindsey Hopkins Vocational Center for a workforce program that's -- Vice Chair Gort: For one dollar a year. Mr. Levine: -- at no cost to the district -- to the City. Commissioner Carollo: Do you have anything in Little Havana? Mr. Levine: I can have the conversation with you, sir. Commissioner Carollo: Let's have the conversation then 'cause, once again -- and you're going to see this common tone where, yes, we have it all over the city, but when it comes down to Little Havana, you know, which is the heart of the City of Miami -- and maybe Commissioner Sarnoff will -- would, you know, argue against it and say downtown is the -- but the bottom line is, you City of Miami Page 94 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 know, I also -- I'm looking for, you know, the residents of Little Havana, so you know, maybe we could have that conversation. And again, I'ni saying this with all due respect. Mr. Levine: And 1 appreciate it very much, sir. Chair Sarnoff: Commissioner Gort. Vice Chair Gort: I'll second the motion. When you come back, here's what I would like to see. When you come hack, how much revenues being -- by the triathlon or whoever uses the parks, how much revenue brings to the City. At the same time,, from the Parks Department, I would like to get information from them how many Parks Department that uses school parks and school areas for our benefit at the parks. And you know, the Workforce office benefits everyone. It's the whole district. It's not only for one district; for the whole City of Miami. Mr. Torre: One last item on this. There was a scrivener error where it was put that they have access between Monday through Saturday. It's actually supposed to be Monday through Sunday. Chair Sarnoff: Mr. Torre, did you run this past the Friends of Marine Stadium? Mr. Torre: Yes, I did. Chair Sarnoff: And they're okay -- Mr. Torre: Yes. Chair Sarnoff: -- with the (UNINTELLIGIBLE). Mr. Torre: They're absolutely fine. They're looking forward to cooperating and working with them. Chair Sarnoff: All right. So we -- you're the maker of the motion? Commissioner Carnllo: Yes. Chair Sarnoff • And we have the second. Vice Chair Gort: I'll second. Chair Sarnoff: All right. All in favor, then, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff: Okay, RE.6 -- Mr. Levine: Thank you very much. Chair Sarnoff • Thank you. RE. 16. Vice Chair Gort: RE.16. Julie O. Bru (City Attorney): That's Commissioner Carnllo's item. Chair Sarnoff • Right. Yeah, I know, I know. Only outer- thing I can do is open up a PZ (Planning & Zoning) item. It got passed. City of Miami Page 95 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Commissioner Spence -Jones: Yeah. Chair Sarnoff: Never snatch from -- never snatch from victory -- never snatch from the jaws of victory -- from the jaws of defeat, victory. Raquel Regalado: No, no, I understand. But, you know, since I happen to be here, you know, I'm happy to explain exactly what's going on. So this is obviously a project that's separate from the bond initiative. Vice Chair Gort: And you are? Ms. Regalado: And I am Raquel Regalado, Miami -Dade County School Board member for District 6, which also happens to include the area of Little Havana. So I completely understand your concerns, Commissioner Carollo. That's one of the reasons that we asked for your support in the bond initiative and we're very appreciative of that support, so I begin by taking the opportunity to thank you for that. We had the highest approval rating of any bond initiative in the history of Miami -Dade County. And we're going to have our first workshop dealing with that bond initiative now on January 17. We've actually already appointed our oversight committee, which is a citizen's advisory committee, that will be detailing what the overall plan is. And on the 17th, we'll he talking about what schools we believe that we can do under $2 million; what fixes we can have for those schools so that it's immediate and what we're going to leave for the summer, particularly this summer and the next two following summers that need large overhauls. So, for example, in Coral Way K-8, which is a school in your district, one of the things that I've requested is that it be an under $2 million so that we can have Wi-Fi and we can ensure, since it's a relatively new school, that changes are made. But we are eliminating all the portables in the entire district. So that means that the portables at Shenandoah -- no, let me finish -- which house some of the children at the Coral Way K-8 are now going to he -- we're going to fix one of the buildings at Coral Way to encompass those children. So it'll be -- that particular school will he two different projects, one lower end and one higher end. And then we're going to he looking at Riverside and Citrus. Commissioner Carollo: Yeah. Thank you for that. But -- and I understand that you were upstairs, so you weren't really listening to our conversation. It wasn't regarding the bonds -- the passing of the bonds and what you were doing with bond money. We were discussing how governmental agencies help one another. And apparently, the School Board has been helping the City of Miami in all areas outside of Little Havana. So I asked a question on space. You know, there are non -fir -profit organizations that is seeking space from the City of Miami. And I said, you know, the School Board has plenty of space. They're doing it in District 5. So I asked what about in District 3; what about in Little Havana? So I understand that you may have -- Ms. Regalado: Space as in school space or non -school space? 'Cause I can tell you what space we have in Little Havana. Commissioner Carollo: Well, school or non -school. I mean, buildings that are owned by Miami -Dade County Public Schools that can actually he used by let's say -- Lindsey Hopkins, we're using the One Stop, but let's say some of these non for -profit organizations that are in Little Havana and reach out to the City of Miami for help. Hey, Miami -Dade County Public Schools have a lot of buildings there. Can, for some reason, you lease some space at a relatively low amount or can you do it for free? Ms. Regalado: Well, the issue is the school sites, we are under state law that we cannot allow community organizations to go on school sites where children are during working hours without the Jennifer Lindsay [sic] compliance, which means that they have to have a background check and fingerprinting. That sort of complicates the situation of using the schools while children are there. So even if we were to have low -enrolled schools in your area -- of which the only is Citrus City of Miami Page 96 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Elementary -- we would have a problem with having a community group use that school while the children were in session. That being said, we are redoing our compacts to allow different organizations to use our schools on the weekends or after school should the school not have an after -school program. Now non -school space, the only space that we have in your district happens to be across the street from Citrus Elementary, which is the old Region building. That Region building, u'e were actually, in discussions with the City of _Miami Police about using it. The issue is the state of the building. It has a lot of roof needs, a lot of water damage, and that's one of the things that we're going to he considering as we go forward when we talk about other uses far spaces that are not going to he renovated by the bond. Because non -educational space cannot be renovated by the bonds, that money cannot be used for offices, such as the region office, which sits directly across from Citrus Elementary on the other side of 22nd Avenue. But that's the only non -school use space that we have. Commissioner Carollo: Maybe I could he wrong, but what about 22ndAvenue and about Southwest 3rd Street? Ms. Regalado: That's the one that I'm talking about. It's across the streetfram Citrus Elementary. It's the only one. It's actually been used as a storage facility for six and a half years. Commissioner Carollo: And it cannot he used for any other thing -- Ms. Regalado: Well, we would have to repair the building. But we cannot use the bond money -- and before the bond money -- knowing that we have so many needs at our educational spaces, we couldn't use the little construction money we had to renovate that space. So right now, it's just storage. But we're more than happy to talk to the City about using that for another purpose, as long as everyone is clear that that's non -educational space and that the renovations would have to be done by whatever entity decides to use it. Commissioner Carollo: Again, you know, out of good faith, I'm saying, listen, I definitely want to maintain very good relationships with the School Board, as well as the County and all municipalities. But at the same time, we need to help each other out, and here we're giving a large amount of spare, you know, far three years, and Ijust want to make sure that, you know, the City's also getting a fair share. Ms. Regalado: I totally agree. And so that you know, the City of Miami Police is having conversations with the School Board about use, not necessarily in your district because your district, the schools are overenrolled, with the exception of that particular space that we're discussing that has a lot of damage. But in schools that are under -enrolled that are at 45 or 50 percent, there is the possibility of the City police using it because, of course, they are in compliance with the Jennifer Lunsfard law. So we are in discussions with them about it. And one of the things that we are going to be talking about in our workshop on the 17th is when we do go and fix the schools, to make sure that we provide lots of areas where the community can use it on the weekend and after school. Commissioner Carollo: And something that Commissioner Gort mentioned was as far as using some of the school space or using some of that monies to enhance the playgrounds far the residents of Little Havana to be able to use it as a park also. Ms. Regalado: Well, one of the things that we're going to be discussing on the 17th is how to close our educational spaces so that we leave the grounds, what is recreational land, open far residents to use it. That's actually -- Commissioner Carollo: Exactly. City of Miami Page 97 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 RE.16 12-01439 Ms. Regalado: -- a request that was made by Coral Gables. They have a big problem with that, with Coral Gables senior high, but it's something that we're considering for all the cities. Commissioner Carollo: Well -- and exactly. So that's something that I want to be considered for City of Miami. And again, in, you know, participation or in light of working together -- Ms. Regalado: Right. Commissioner Carollo: -- two governments, I think it's something that needs to he brought up, which, realistically, hasn't been brought up. It could have been brought up in Coral Gables, but I've heard of none of that in Little Havana. Ms. Regalado: We have a compact, and there have been some discussions. But obviously, it's at a citywide level. But one thing thatl want to be clear in is that we're very appreciative of the support that we've had from the City ofMiami. And equally, one of the major themes of the workshops that we're going to be having about the bond initiative and the reconstruction of our schools is that this is self-help. And this is self-help by many residents who do not have children in our public schools, and therefore, we want to ensure that our public schools are used by all the residents ofMiami-Dade County. Thankyou. Chair Sarnoff: Thank you. RESOLUTION District 3- A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A Commissioner Frank DONATION IN THE AMOUNT OF APPROXIMATELY $40,000, FROM AMIGOS Carollo TOGETHER FOR KIDS, INC. D/B/A AMIGOS FOR KIDS, TO THE CITY OF MIAMI, TO DEFRAY ANY RELATED COSTS FOR BABY DIAPER -CHANGING STATIONS; 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 DONATION. 12-01439 Legislation.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones R-13-0022 Chair Sarnoff: All right, RE.16. It's yours. Commissioner Carollo: Thankyou, Mr. Chairman. Chair Sarnoff: You're welcome. Commissioner Carollo: RE.16. Some time back, you may remember- that we brought a resolution with regards to baby changing stations. And I am bringing this now before the Commission to approve the acceptance of approximately $40, 000 for the baby changing stations, th.e installation, and everything that has to deal with baby changing stations. I think the City Attorney needs to put a couple clarifications for the record. But all I'm doing is, you know, doing what I promised. And it's funny 'cause lately I've been asked, Commissioner, are you City of Miami Page 98 Printed nn 2/12/2(713 City Commission Meeting Minutes January 10, 2013 BC.1 12-01384 fundraising already? Have you started to fundraise? And I've said, they only thing I've been fundraising is for baby changing stations. So I'm bringing it before this Commission, andl hope I have your support. Chair Sar-noff - All right. Julie O. Bru (City Attorney): Yes. For the record, just to make it clear, there were some modifications that were communicated by the Commissioner's office that did not make it. Actually, it doesn't change the substance of the resolution. It just clarifies the fact that we're going to delete the words "the installation and maintenance," 'cause, in fact, the monies are going to he used for any costs related to the baby changing stations. And also, that the monies are being raised from the private sector. That's in the first whereas. Thank you. Chair Sarnof f: All right. Do we have a motion? Commissioner Carollo: So move. Vice Chair Gort: Second. Chair Sarnof f: We have a motion and a second. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff: Okay. RESOLUTION END OF RESOLUTIONS BOARDS AND COMMITTEES Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Othon Castenada Mayor Tomas Regalado 12-01384 Arts CCMemo.pdf 12-01384 Arts Current_Board_Members.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Saroff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones R-13-0024 Chair Sarnoff: Do you want to start the PZ (Planning & Zoning)? 'Cause I think that's all we -- We could do -- let's do the PZ. City of Miami Page 99 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 BC.2 Commissioner Carollo: B, as in boy? Chair Sarnoff: No, P, P, PZ. Unless you want to do boards. Does anybody want to do boards real quick? Commissioner Carollo: There's -- I only have one appointment to one hoard. I'm going to continue all ovine. Chair Sarnoff: Is it worth doing? I'm thinking it's not worth doing boards for right now. Do you agree, Willy, or --? Let's go to the PZ and just keep knocking out the agenda. Vice Chair Gort: What is the wish of the Commission? Chair Sarnoff: Do you want to get to your one hoard? Commissioner Carollo: Sure. Chair Sarnoff: Go ahead. Go with your board. Commissioner Carollo: I need to see which BC (Boards & Committees) it is for the Status of Women. Todd Hannon (Assistant City Clerk): Good afternoon, Commissioners. Chair, ifI may. The Mayor does have some appointments as well. It'll take me two minutes tops to go through all of our appointments for today. Chair Sarnoff: Go ahead. Mr. Hannon: Okay, sir. Chair Sarnof f: You're -- wait a minute. Somebody put the timer on. Commissioner Carollo: Don't hold him to the two minutes. Chair Sarnoff.' Oh, we got to. Commissioner Carollo: No, don't hold him to the two -- Chair Sarnoff: He's not the Clerk yet, so we can always evaluate him. Mr. Hannon: Commissioners, BC.1, Arts and Entertainment Council. Mayor Regalado will be appointing Othon Castenada. Vice Chair Gort: Move it. Chair Sarnoff • We have a motion -- Commissioner Carollo: Second. Chair Sarnoff: -- and a second. All in favor, please say "aye. " The Commission (Collectively): Aye. RESOLUTION City of Miami Pane 100 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 12-01172 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR ATERM AS DESIGNATED HEREIN. BC.3 12-01473 APPOINTEE: NOMINATED BY: 12-01172 Audit CCMemo.pdf 12-01172 Audit Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION Chairman Francis Suarez Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 12-01473 CIP CCMemo.pdf 12-01473 CIP Current_Board_Members.pdf 12-01473 CIP Memo and Resumes.pdf NO ACTION TAKEN BC.4 RESOLUTION 12-01474 NOMINATED BY: Civilian Investigative Panel Civilian Investigative Panel Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Andres Lemos Mayor Tomas Regalado Carlos Morales Mayor Tomas Regalado 12-01474 CRB CCMemo.pdf 12-01474 CRB Current_Board_Members.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. City of Miami Pane 101 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones R-13-0025 Todd Hannon (Assistant City Clerk): BC.4, Community Relations Board. Mayor Regalado will be appointing Andres Lemos and Carlos Morales. Vice Chair Gort: Move it. Chair Sarnoff: We have a motion -- Commissioner Carollo: Second. Chair Sarnoff -- and we have a second. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. BC.5 RESOLUTION 12-01173 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Margarita Fernandez Commissioner Frank Carollo 12-01173 CSW CCMemo.pdf 12-01173 CSW Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones R-13-0026 Todd Hannon (Assistant City Clerk): BC.5, Commission on the Status of Women. Commissioner Carollo will be appointing Margarita Fernandez. Vice Chair Gort: Move it. Chair Sarnoff: 1'll take that as -- Tice Chair Gort: Second. Chair Sarnoff: -- a motion, second. All in favor, please say "aye." The Commission (Collectively): Aye. City of Miami Pane 102 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 BC.6 12-01181 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Francis Suarez Commissioner Frank Carollo 12-01181 CTAB CCMemo.pdf 12-01181 CTAB Current_Board_Members.pdf NO ACTION TAKEN BC.7 RESOLUTION 12-01470 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE EDUCATION ADVISORY BOARD FOR ATERM AS DESIGNATED HEREIN. BC.8 12-01182 APPOINTEE: NOMINATED BY: 12-01470 EAB CCMemo.pdf 12-01470 EAB Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION Commissioner Wifredo (Willy) Gort Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Francis Suarez Chairman Francis Suarez Vice Chairman Marc Sarnoff Commissioner Wifredo (Willy) Gort City of Miami Pane 103 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 BC.9 12-01469 Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Michelle Spence -Jones AFSCME Local 1907 IAFF 12-01182 EOAB CCMemo.pdf 12-01182 EOAB Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. BC.10 12-01366 APPOINTEES: NOMINATED BY: Chairman Francis Suarez Commissioner Frank Carollo City Manager Johnny Martinez 12-01469 Finance CCMemo.pdf 12-01469 Finance Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Henry Goa Mayor Tomas Regalado Bob Powers Mayor Tomas Regalado Jose Solares Mayor Tomas Regalado City of Miami Pane 104 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 12-01366 Homeland CCMemo.pdf 12-01366 Homeland Current_Board_Members.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-13-0027 Todd Hannon (Assistant City Clerk): BC10, Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. Mayor Regalado will he appointing Henry Goa, Bob Powers, and Jose Solares. Chair Sarnoff: Do we have a motion? Vice Chair Gort: Move it. Chair Sarnoff: Do we have a second? Commissioner Carollo: Second. Chair Sarnoff All in favor, please say "aye." The Commission (Collectively): Aye. BC.11 RESOLUTION 12-00834 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. BC.12 12-01043 APPOINTEES: NOMINATED BY: Commissioner Frank Carollo Commissioner Frank Carollo 12-00834 MSEA CCMemo.pdf 12-00834 MSEA Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. City of Miami Pane 105 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 APPOINTEES: NOMINATED BY: Chairman Francis Suarez Vice Chairman Marc David Sarnoff Commissioner Frank Carollo City Manager Johnny Martinez 12-01043 PRAB CCMemo.pdf 12-01043 PRAB Current_Board_Members.pdf 12-01043 PRAB Resume for City Manager's Appointment.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez Todd Hannon (Assistant City Clerk): BC.12 -- one moment. BC.12, Parks & Recreation Advisory Board. Mr. City Manager has nominated for Commission consideration and approval, Paul Mann. Vice Chair Gort: Move it. Chair Sarnoff: We have a motion. Commissioner Carollo: Second. Chair Sarnoff: We have a second. Commissioner Carollo: I'm sorry, I'm sorry. Say that again. Mr. Hannon: Yes, sir. Again, BC.12 is the Parks & Recreation Advisory Board. And Mr. City Manager has nominated for Commission consideration and approval, Paul Mann. Chair Sarnoff: You want to defer that one? Commissioner Carollo: Yeah. Mr. Hannon: We can continue it. Chair Sarnoff: We're going to table BC.12. Commissioner Carollo: Thank you. Mr. Hannon: Would you like to table or continue it? Commissioner Carollo: Table it. Mr. Hannon: Table it, yes -- Commissioner Carollo: Or continue, if that's okay. City of Miami Pane 106 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Chair Sarnoff: We have a motion for continuance. Commissioner Carollo: Motion for continuance. Chair Sarnaff • Is there a second? Vice Chair Gort: Let me take out my first. Chair Sarnoff: Oh, I'm sorry. We have the maker of the motion withdrawing. We now have a motion to continue. Is there a second? Commissioner Spence -Jones: Second. Chair Sarnof f: Second. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff' Okay. BC.13 RESOLUTION 12-01363 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. BC.14 12-01362 Office of the City Clerk APPOINTEES: NOMINATED BY: Chairman Francis Suarez Chairman Francis Suarez Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo 12-01363 UDRB CCMemo.pdf 12-01363 UDRB Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Jose Fuentes Mayor Tomas Regalado City of Miami Pane 107 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 DI.1 12-00657 Charles Flowers Commissioner Michelle Spence -Jones 12-01362 WAB CCMemo.pdf 12-01362 WAB Current_Board_Members.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-13-0028 A motion was made by Vice Chair Gort, seconded by Commissioner Carollo, and was passed unanimously, with Commissioner Suarez absent, to appoint Jose Fuentes and Charles Flowers as members of the Waterfront Advisory Board, further waiving the attendance requirements in Section 2-886 of the Code of the City, of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Jose Fuentes and Charles Flowers as members of the Waterfront Advisory Board. Chair Sarnoff: BC (Boards and Committees) -- Go ahead. Todd Hannon (Assistant City Clerk): BC.14, Waterfront Advisory Board. Mayor Regalado will be appointing, with an absence waiver, Jose Fuentes, and Commissioner Spence -Jones will be appointing Charles Flowers, with an absence waiver. Vice Chair Gort: Move it. Chair Sarnoff: We have a motion -- Commissioner Carollo: Second. Chair Sarnoff: -- and we have a second. All in favor, please say "aye." The Commission (Collectively): Aye. Mr. Hannon: Thank you, Commissioners. Chair Sarnoff: All right. I don't think we beat the two minutes, but they were good. They didn't give you the time. END OF BOARDS AND COMMITTEES DISCUSSION ITEMS RESOLUTION RESOLUTION - THE CITY'S ADOPTION OF A TICKET POLICY. 12-00657 Summary Form.pdf 12-00657 Memo - Citywide Ticket Policy.pdf 12-00657 Memos - Miami -Dade County 10-11-12.pdf 12-00657 Backup Information 06/28/12.pdf SPONSORS: OFFICE OF THE CITY MANAGER City of Miami Pane 108 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 OFFICE OF THE CITY ATTORNEY Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gott, Sarnoff, Carollo, Suarez and Spence -Jones Note lOr the Record: Item DI1 was deferred to the February 28, 2013 Commission Meeting. DI.2 DISCUSSION ITEM 12-01387 Office of the City DISCUSSION REGARDING THE CURRENT CONDITION OF THE Attorney EXCAVATED CONSTRUCTION SITE PROPERTY LOCATED AT 1430 SOUTH MIAMI AVENUE, MIAMI, FLORIDA. PICTURES AND PERMIT STATUS WILL BE PROVIDED BY THE BUILDING DEPARTMENT. 12-01387 Memo - Office of the City Attorney.pdf WITHDRAWN Chair Sarnoff Okay. I am going to defer -- no, I will withdraw discussion item DI.2. Commissioner Spence -Jones: DI.2? Chair Sarnoff.• DI.2. It's the excavation construction site at 1430 South Miami Avenue. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Chair Sarnoff.• All right. And then let's get into the PZ (Planning & Zoning) agenda items. Maria J. Chiaro (Deputy City Attorney): PZ items shall proceed according to Section 7.1.4 of the Miami 21 Code. Before any PZ item is heard, all those wishing to speak will be sworn in by the City Clerk. Staff will briefly describe each item as it is to he heard. The members of the City Commission shall disclose any ex parte communications. The appellant or petitioner will then present the request or may waive the right to an evidentiary hearing. The order of presentation shall he as described in the City code. Members of the public will he permitted to speak on certain items. The City of Miami 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 action. Any documents offered to the City Commission 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 Sarnoff: All right. So, is it -- does the Administration wish to continue any PZ items? Francisco Garcia: Yes, sir. For the record, Francisco Garcia, Planning & Zoning director. There are five items that we wish to continue. I will enumerate them. They are PZ.1, PZ.12, PZ. 13, PZ.14, and PZ.15. We will -- Commissioner Spence -Jones: PZ.1 -- Mr. Garcia: Yes, ma'am. PZ.1 -- these would actually he -- I think the technically term is continued to the second meeting in February, so that is February 28. City of Miami Pane 109 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Commissioner Spence -Jones: Okay, PZ.1 -- Mr. Garcia: Yes, ma'am. PZ.1, 12, 13, 14, and 15. Chair Sarnoff • All right. Do we have a motion? Commissioner Spence -Jones: So moved. Chair Sarnoff: We have a motion by Commissioner Spence -Jones. Tice Chair Gort: Second. Chair Sarnoff: Second by Commissioner Gort. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff • PZ.7 and 8, are we goingforward with those? Mr. Garcia: Yes, sir. Chair Sarnoff: All right, so let's start with PZ2. Mr. Garcia: I believe, sir, just to point out that you had -- or the Commission, in fact, had requested that PZ.16 he taken up at a time certain of 5, which is now that time -- or past that time. So if wish to take that one first, I believe everyone is here to address that item. Chair Sarnoff: How long --? Where are the folks for PZ.16? How long will it take you to present? Stand -- go up to the mike. Address, and tell us who you are. Anna Fernandez -Brown: Hi, good afternoon. Anna Fernandez -Brown, on behalf of Morningside Civic Association. Chair Sarnoff: Okay. Ms. Fernandez -Brown: Uninterrupted, maybe 17 minutes. We've prepared a presentation. Chair Sarnoff: Okay. And how long for you all? Susan Trench: Susan Trench, 7335 Southwest 105 Terrace. Depending on their presentation, I would say we'd use equal time. Chair Sarnoff.' Like time? Ms. Trench: Yes. Chair Sarnoff: Okay. 1 think we have a 5:30 -- Is it a time certain for the proto --? There's a protocol item, I was told. I believe it's -- Dwight S. Dante (City Clerk): 5:30, yes. Chair Sarnoff: The Tacolcy (UNINTELLIGIBLE) -- Commissioner Spence -Jones: We did that already. Chair Sarnoff: No, that's not it. What is the 5:30? City of Miami Page 110 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 Mr. Danie: It's the -- Vice Chair Gort: It's a presentation to an actor. Mr. Danie: It's the film -- it's honoring the film industry, The Last Stand. Chair Sarnoff: We have a presentation at 5: 30 for the actors of The Last Stand. Mr. Dante: Right. Chair Sarnoff.' You guys want to try to get this done in 20 minutes, or you want tojust --? So, why don't you let us do this? Let us -- you're probably going to get reached -- we'll take you right after the presentation of the actors of The Last Stand, and we'll take you just before the Ultra. Ms. Fernandez -Brown: Okay. Ms. Trench: Thank you. M. Fernandez -Brown: Thank vnu. Chair Sarnoff • All right, so let's do -- go ahead. Commissioner Spence -Jones: I was going to ask you a quick question. I don't know if we lost the two others. I just asked the -- Francisco, the director, which were the noncontroversial items. Do you want tojust get those out o f the way first? Chair Sarnoff • I think -- yeah, that's fine. I think PZ.2 and PZ.3, I think, are pretty noncontroversial, as far as I know. Well, you know what, they're Commissioner -- are they mine or are they --? Commissioner Spence -Jones: You might want to ask -- Which ones? Mr. Garcia: Yes. Item PZ.2 is in District 3, and item PZ -- Chair Sarnof: That's why I didn't want to say it was noncontroversial without him being here. Commissioner Spence -Jones: Yeah, he said it is. Chair Sarnoff • It is. Okay, so let's do PZ.3. We know what that is; that's mine. Mr. Garcia: Very well. Commissioner Spence -Jones: PZ.3? Chair Sarnoff • Yeah, PZ.3. Commissioner Spence -Jones: Okay. And Mr. Chairman, I'm going to be leaving, so I just -- I was trying to get as many of them done, so -- okay. Chair Sarnoff: Tell me what you want to take, well take them. Commissioner Spence -Jones: Okay. City of Miami Page 111 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 Chair Sarnoff: PZ.3. Commissioner Spence -Jones: PZ.3. Mr. Garcia: PZ.3, very well. Let me ask -- and I apologize if I have missed something. Is it the case that everyone has been sworn in yet? Chair Sarnoff Yes, they -- No? Mr. Danie: Not yet. Chair Sarnoff' Do you want to take care of that? Mr. Danie: Yes. Everybody who is going to speaking on a PZ item, please stand and raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Danie: Thank you. PZ.1 RESOLUTION 11-00714sc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE (THAT PORTION OF) CURTIS LANE EAST OF ROGERS ROAD AND EASEMENTS LOCATED ALONG THE NORTH AND SOUTH SIDES OF CURTIS LANE, EAST OF ROGERS ROAD, MIAMI, FLORIDA. 11-00714sc Department Analyses & Maps.pdf 11-00714sc School Brd Concurrency & PZAB Resos.pdf 11-00714sc Application & Supporting Documentation.pdf 11-00714sc CC Fully -Executed Legislation (Ver. 2) & Exhibit.pdf LOCATION: Approximately Curtis Lane East of Rogers Road and along the North and South sides of Curtis Lane, East of Rogers Road [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Stephen Bittel, as Trustee of the Acme Real Estate Trust FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PUBLIC WORKS DEPARTMENT: Recommends approval. PLAT AND STREET COMMITTEE: Recommends approval on July 7, 2011 by a vote of 7-0. PLANNING, ZONING AND APPEALS BOARD: Recommends denial, which failed, to City Commission on April 18, 2012 by a vote of 3-5. Recommends approval as a second motion to City Commission on April 18, 2012 by a vote of 5-3. PURPOSE: This will close and vacate Curtis Lane, East of Rodgers Road and City of Miami Page 112 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 PZ.2 12-00863sc two North/South easements. Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez Note for the Record.: Item PZ.1 was deferred to the February 28, 2013 Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A STREET AT APPROXIMATELY A PORTION OF SOUTHWEST 11TH STREET BETWEEN SOUTHWEST 3RD AVENUE AND THE 1-95 EXPRESSWAY, MIAMI, FLORIDA. 12-00863sc CC 01-10-13 Fact Sheet.pdf 12-00863sc Department Analyses, Color Maps & PZAB Reso.pdf 12-00863scApplication & Supporting Documents.pdf 12-00863sc Fully -Executed CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately a Portion of SW 11th Street between SW 3rd Avenue and the 1-95 Expressway [Commissioner Frank Carollo - District 3] APPLICANT(S): Vicente Arrebola, P.E., on behalf of Miami -Dade Water and Sewer Department FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PUBLIC WORKS DEPARTMENT: Recommends approval. PLAT & STREET COMMITTEE: Recommends approval on January 5, 2012 by a vote of 6-0. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on November 7, 2012 by a vote of 10-0. PURPOSE: This will allow the construction of a sanitary sewer pump station. Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0023 Chair Sarnoff: Okay. 1 think we have -- Commissioner Carollo: Thank you. Chair Sarnoff: -- PZ.3, which we tabled -- City of Miami Page 113 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 Commissioner Carollo: Yes. Chair Sarnoff: -- if I remember. Francisco Garcia (Director, Planning): The only item remaining is PZ.2 in the PZ (Planning & Zoning) agenda, Mr. Chair. Dwight S. Danie (City Clerk): PZ2. Chair Sarnoff: I'm sorry, PZ.2. l apologize, right. It was PZ.2 that was tabled. Was it tabled? I guess it was tabled. Vice Chair Gort: No, we didn't -- Commissioner Carollo: Yeah. Chair Sarnoff • Oh, it's yours. It was yours. Commissioner Carollo: Yeah, it's an item in District 3. And I will yield to the director of Planning to present. Mr. Garcia: Thank you, sir. Briefly, by way of presentation, item. PZ.2 is a proposal for a street closure. You have it on your screens. This is for -- ultimately, this closure will he conducive to the construction of the sanitary sewer pump station at approximately Southwest 11 th Street, between Southwest 3rdAvenue and the 1-95 expressway. I'll read briefly the history of the item. The Public Works Department recommends approval. The Planning & Zoning Department has recommended approval. Plat and Street Committee recommended approval by a vote of 6-0. And the Planning, Zoning and Appeals Board also recommended approval by a vote of 10-0. By way of brief presentation, I will tell you the following. First, it's worth noting that this closure was actually approved some time back, slightly upward of about four years ago. And that approval by this Commission -- by your predecessor Commission was -- had lapsed, which is why they are now coming back to seek, once again, the approval for the closure. Because we understand that the closure will yield the construction of a sanitary sewer pump station and because, frankly, we have some concerns about the appearance of so,ne of these other facilities throughout the City -- and we have certainly advised the WASA (Water and Sewer Authority) applicants regarding this -- I would like to emphasize that if this proposal is successful and the closure, in fact, takes place, the actual construction of the facility would itseIf have to go through a building permit, of course. And as part of that building permit, it would have to come to the Planning & Zoning Department for what we term a warrant. You're familiar with the process, and that would require us to review itfor aesthetics, for design,, for contextuality. I should also add for the record that this particular area in the City of Miami is experiencing a significant amount of gentrification, and the WASA applicant has been advised that we will be very mindful of the fact that the design of this facility should be done with that very gentrification process in mind. With that, I can present to you, as a Commission, that we think we have the tools necessary to ensure that this facility will ultimately he designed successfully. And I hope we also have the commitment of the WASA applicants that that will be so. With that, I yield to the applicants. Rafael Cabrera: Good evening, Commissioners. Rafael Cabrera, from Miami -Dade Water and Sewer Department. Chair Sarnoff: Next time when you're sitting -- you sat here for a long time. 1 wish you had said something to me. I would never make another -- an employee of the County sit Ibr this length of time. So if that ever happens again, please come to me and say -- I don't want to take up your day doing this. I apologize to you. City of Miami Page 114 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 Mr. Cabrera: Thank you. I appreciate it, but it was also interesting and entertaining. Chair Sarnoff: Well, you know what, that puts it all (UNINTELLIGIBLE). Commissioner Suarez: Wow. Commissioner Carollo: Wait 'til you go to the Ultra Festival. Mr. Cabrera: O1r, and the movie thing, the actors and whatnot. Vice Chair Gort: That was good. We got all kinds of things happening here, international city. Mr. Cabrera: As the director stated, this is a very critical project for the department. We need the mad closure in order to proceed with the platting aspect of the project, which is what I'm in charge with. And ultimately, the City has the mechanisms to guarantee that the design, the architectural style, motif and whatnot, will be complied with. This application is strictly for the road closure and vacationing aspect of it, but it's very necessary in order for us to continue. And it takes a long time to build this facility and our time is ticking. Commissioner Carollo: Mr. Chairman. Chair Sarnoff • You're recognized far the record. Commissioner Carollo: Thank you, Mr. Chairman. I'll he honest with you, Mr. Cabrera -- and I understand the urgency with this, but I have had, you know, some real good discussions with our Planning director, and I've expressed, which now I will express to you, legitimately concerns with regards to aesthetics, design. I've gone as far as requesting pictures of other sites to see what would he here. So I am leaning and yielding on him and his recommendation that there are certain securities there in place so that the design, the aesthetic will not he something that will be an eyesore for that community. So, again, I know you're in front of us in good faith and you're saying, you know, you will do whatever it takes in order for us to he able to move this forward hut also have the protections and the assurances from you that the City will feel comfortable in the future with regards to how this will look. Mr. Cabrera: The department has contracted with a design consultant to design and address all of the City's requirements and concerns in that aspect. Commissioner Carollo: And ifI may, Director Garcia -- and I hate to put you in the spot, but I have to. Do you feel there's certain -- there's enough protections there where 1 can feel comfortable that you can work with their- design engineer or -- I don't know what the technical name is, but -- so that we also can establish a good design and aesthetic for that neighborhood? I understand this pump is needed, but at the same time, I want this to he a win -win for all. Mr. Garcia: Yes, sir. Thank you, Commissioner Carollo. We have, in the zoning ordinance of the City of Miami, more specifically in Article IV, Table 12, a fairly specific set of design criteria which require that all structures that are subject to the warrant review process he contextual and that any potential adverse impact be controlled. So I do believe that we have the tools in place to he able to review and ultimately approve, should the design be successful, a satisfactory facility. That said, and to address your concern, should there be a proposal for anything less than a desirable facility, we also have the ability and the authority to deny. They, of course, have the right of appeal, but rest assured that we will exercise all proper scrutiny when this facility design comes forward. Commissioner Carollo: With that statement and believing that Mr. Cabrera's acting in good City of Miami Page 115 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 PZ.3 11-00910ac faith., I move for approval. Chair Sarnoff: All right. We have a motion. Tice Chair Gort: Second. Chair Sarnoff: We have a second. Public hearing is now opened. Anyone from the public wishing to be heard on PZ.2? Hearing none, seeing none, coming back to the Commission. Madam City Attorney, it is an ordinance. Commissioner Carollo: It's a resolution -- Mr. Garcia: It's a resolution, sir. Commissioner Carollo: -- Mr. Chair. Chair Sarnoff • I'm sorry. Commissioner Suarez: That used to happen to me all the time. Vice Chair Gort: Resolution. Chair Sarnoff • Is it a res --? It says ordinance on the top. Which one is it, a resolution or an ordinance? Mr. Garcia: PZ (Planning & Zoning) -- resolution. PZ.2, resolution. Chair Sarnoff: Okay. Why does it say ordinance? An 1 the only one? PZ.2, right? Just tell me why it says ordinance and why it says first reading. Mr. Garcia: It's item PZ.2. It should say resolution. Maria J. Chiaro (Deputy City Attorney): In the agenda itself it says ordinance, hut the piece of legislation in your packet is a resolution. That's an error on your agenda. Chair Sarnoff: Oh, okay. Vice Chair Gort: I got resolution. Commissioner Carollo: So aye. Chair Sarnoff: So it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sarnoff: Okay, we have -- Ms. Chiaro: Did you want me to read it anyway? Chair Sarnoff: No. No, no, no. No, and well get into whether I think you need to read ordinances or not, hut that's a whole different story. 'Cause if you didn't have to read them, we'd get out an hour earlier. RESOLUTION City of Miami Page 116 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A PORTION OF AN ALLEY LOCATED BETWEEN NORTHEAST 27TH STREET AND NORTHEAST 28TH STREET FROM APPROXIMATELY 700 FEET EAST OF BISCAYNE BOULEVARD TO BISCAYNE BAY (A.K.A. NORTHEAST 27TH TERRACE), MIAMI, FLORIDA. 11-00910ac CC 01-10-13 Fact Sheet.pdf 11-00910ac Department Analyses & Color Maps.pdf 11-00910ac PZAB Reso.pdf 11-00910ac Application & Supporting Documents.pdf 11-00910ac CC Legislation (Version 3) & Exhibit.pdf LOCATION: Approximately between NE 27th Street and NE 28th Street from Approximately 700 Feet East of Biscayne Boulevard to Biscayne Bay (A.K.A. NE 27th Terrace) [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Javier Fernandez, Esquire, and Joel E. Maxwell, Esquire, on behalf of Alpine Estates, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PUBLIC WORKS DEPARTMENT: Recommends approval. PLAT AND STREET COMMITTEE: Recommends approval on September 6, 2012 by a vote of 6-0. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with conditions* to City Commission on December 5, 2012 by a vote of 8-2. *See supporting documentation. PURPOSE: This will allow a unified development site, which will include a Baywalk and better access to a new public park. Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-13-0012 Chair Sarnoff: Okay, PZ.3. Francisco Garcia (Director, Planning): Yes, sir. Item PZ.3 is before you as a resolution. This would result in a unified development site, and it is essentially for the vacation and closure of an alley approximately between Northeast 27th. Street and Northeast 28th. Street, from approximately 700 feet east of Biscayne Boulevard to Biscayne Bay, also known as Northeast 27th Terrace. The Public Works Department recommends approval. The Planning & Zoning Department recommends approval. The Plat and Street Committee met and recommended approval by a vote of 6-0 on September 6. And the Planning, Zoning and Appeals Board also recommended approval with conditions. The conditions being that a covenant be provided to proffer public access and that access be allowed from Northeast 28th Terrace to Northeast 28th Street. We concur with those conditions. Chair Sarnoff.• All right. You want to make a presentation? No. Okay. Would somebody make City of Miami Page 117 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 a motion? Vice Chair Gort: Move it. Dwight S. Dania (City Clerk): Excuse me. You have a public hearing. Chair Sarnoff: Well, I could do the motion, then the public hearing. Commissioner Suarez: Second. Vice Chair Gort: Move it. Chair Sarnoff: We have a motion and we have a second. And public hearing. Does anybody wish to be heard on PZ.3? Armando Rodriguez: Hi. My name is Armando Rodriguez. I'm the president of the 27th Street Northside Neighborhood Association. We are in support of this project. And they have been very cooperative with the property owners in that area, and we are in the process to close not only the area that they want in the alley, but the whole alley that has been a problem for the neighbors in that particular section. Chair Sarnoff: All right. Thankyou, Mr. Rodriguez. Anyone else wishing to be heard on PZ.3? Hearing none, seeing none, the public hearing is now closed. All in favor, signify it by saying "aye." The Commission (Collectively): Aye. Unidentified Speaker: Thankyou, Mr. Chairman. Chair Sarnoff: Thank you. PZ.4 ORDINANCE 12-01180Iu Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, 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 FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1) 2970-2996 SOUTHWEST 4TH STREET, 2979 AND 2981 SOUTHWEST 5TH STREET AND 445 SOUTHWEST 30TH AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "DUPLEX RESIDENTIAL", AND 2) THE WESTERN PORTION OF 195 NORTHWEST 2ND STREET AND 200 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA, FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" WITHIN THE "URBAN CENTRAL BUSINESS DISTRICT (UCBD)" TO "CENTRAL BUSINESS DISTRICT (CBD)" WITHIN THE "URBAN CENTRAL BUSINESS DISTRICT (UCBD)"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 118 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 12-011801u CC 01-10-13 Fact Sheet.pdf 12-011801u Analyses, Color Maps & School Brd Concurrency.pdf 12-011801u PZAB Reso.pdf 12-011801u Fully -Executed CC Legislation (Version 3) & Exhibit.pdf LOCATION: Approximately 1) 2970-2996 SW 4th Street, 2979 & 2981 SW 5th Street and 445 SW 30th Avenue [Commissioner Francis Suarez - District 4] and 2) The Western Portion of 195 NW 2nd Street and 200 NW 1st Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on November 7, 2012 by a vote of 9-1. See companion File Ds 12-01180zc and 12-01180zt. PURPOSE: This will change the above properties to 1) "Duplex Residential" and 2) "CBD" within the "UCBD". Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioners) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 13352 Commissioner Spence -Jones: PZ.4. Chair Sarnoff.• PZ (Planning & Zoning) -- You're ready for PZ.2? It's your district. Commissioner Spence -Jones: That's going to be -- Chair Sarnoff: Controversial? Commissioner Spence -Jones: Can we get the one --? Chair Sarnoff: Okay. Commissioner Spence -Jones: Can we get the noncontroversial ones 'cause I'm trying to make sure you don't lose me before Ultra. Chair Sarnoff: PZ.4, noncontroversial, Mr. -- Commissioner Suarez? Commissioner Suarez: No. I don't think any of mine are (UNINTELLIGIBLE). Chair Sarnoff: So let's do PZ.4. Francisco Garcia (Director, Planning): Thank you, Commissioner. Items PZ.4, PZ.5, and PZ.6 Chair Sarnoff: All right. City of Miami Page 119 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 Mr. Garcia: -- are all companion items, so we would like to present them all to you together. They are before you on second reading, so these have been before you previously. And this is what we call our biannual zoning and land use correction proposal. And so what would like to do is basically go first through PZ.4 and tell you that these are two proposed land use changes located, one at 2970 and 2996 Southwest 4th Street, 2979 and 81 Southwest 5th Street, and 445 Southwest 30th Avenue and lots approximately near that area; and also, at 195 Northwest 2nd Street and 200 Northwest 1st Avenue. These two land use change proposals are respectively -- and here I'm going to seek the assistance of the audiovisual departments. I think they're --just so I can show you the images on the screen and you -- perhaps you can follow along. So if everything has worked out well, this should be displayed now an your screens, and hopefully, soon here as well. I will describe to you that the changes on the first set of addresses are from single-family residential to duplex residential in terms of land use. And as far as 195 Northwest 2nd Street and 200 Northwest 1st Avenue, they are from central business district -- rather, from CI or government institutional, to central business district. And we have the images now, yes? They're working on that. I'll continue down the list, and then we'll show you the images just fOr the sake of efficiency. The next item, PZ.5, is a proposal for a series of zoning changes. I will describe them briefly. They are first for properties at Southwest 4th Street and 5th Street and 30th Avenue; subset two are for properties near the northwest corner of Southwest 27th Avenue and Day Avenue; subset three are for the north side of Bird Road, between 37th Court and 37th Avenue; subset four are for properties at 5808 Northeast 4th. Court and 454 Northeast 58th Street; subset five are far properties south of Tigertail Avenue, between 27th Avenue and Mary Street; and lastly, subset 6 are.fbr the western portion of 195 Northwest 2nd Street and 200 Northwest l st Avenue. Lastly, PZ.6 is to update the Tigertail Avenue established setback area and reduce it to only that component which fronts a single-family residential area. We still don't seem to have the images displayed. I'll describe again to you verbally what the changes entail. For subset one, we are changing the zoning designation from T3-L to T3-O. That retains a density of 18 units per acre. For suhset two, we are changing the zoning designation from T4-R to T5-O. For subset three, we are changing the zoning designation from T5-L to T5-O; subset four, T5-R to T5-O; subset six, from CI to T6-80 O. Again, these items have been presented to you before. We realize that we don't have the graphic support at this moment in time. Perhaps you have been through them and you have some questions. As soon as the images come up, I'm happy to go over them again. Chair Sarnoff: All right. Mr. Garcia: Any questions I can address presently? Chair Sarnof f: No. I remembered everything you said, so -- Mr. Garcia: For the record, all the information is certainly in the backup material that you have, and I regret not being able to show it to you graphically on the screens. Vice Chair Gort: Move PZ.4. Chair Sarnoff: All right, we have a motion on PZ.4. Is there a second? Commissioner Suarez: Second. Chair Sarnoff: Second by Commissioner Suarez. This is a public hearing. Anybody wishing to be heard on PZ.4, please step up. Hearing none, seeing none, the public hearing on PZ.4 is closed. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. City of Miami Pane 120 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Dwight S. Danie (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Mr. Danie: The ordinance has been adopted on second reading, 5-0. PZ.5 ORDINANCE 12-01180zc Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, BY CHANGING THE ZONING CLASSIFICATION FROM 1) "T3-L" SUB -URBAN ZONE -LIMITED TO "T3-0" SUB -URBAN ZONE -OPEN AT SOUTHWEST 4TH AND 5TH STREETS AT 30TH AVENUE, MIAMI, FLORIDA; 2) "T4-R" GENERAL URBAN ZONE -RESTRICTED WITH AN "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT TO "T5-O" URBAN CENTER ZONE -OPEN WITH AN "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT AT THE NORTHWEST CORNER OF SOUTHWEST 27TH AVENUE AND DAY AVENUE, MIAMI, FLORIDA; 3) "T5-L" URBAN CENTER ZONE -LIMITED TO "T5-O" URBAN CENTER ZONE -OPEN AT THE NORTH SIDE OF BIRD ROAD BETWEEN SOUTHWEST 37TH COURT AND SOUTHWEST 39TH AVENUE, MIAMI, FLORIDA; 4) "T5-R" URBAN CENTER ZONE -RESTRICTED TO "T5-O" URBAN CENTER ZONE -OPEN AT APPROXIMATELY 5808 NORTHEAST 4TH COURT AND 454 NORTHEAST 58TH STREET, MIAMI, FLORIDA; 5) "T5-L" URBAN CENTER ZONE -LIMITED WITH AN "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT TO "T5-O" URBAN CENTER ZONE -OPEN WITH AN "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT AT THE PROPERTIES SOUTH OF TIGERTAIL AVENUE BETWEEN SOUTHWEST 27TH AVENUE AND MARY STREET, MIAMI, FLORIDA; AND 6) "CI" CIVIC INSTITUTION TO "T6-80-0" URBAN CORE -OPEN AT THE WESTERN PORTION OF 195 NORTHWEST 2ND STREET AND 200 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA, FURTHER IDENTIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; FURTHER, THE PLANNING AND ZONING DEPARTMENT HAVING CONDUCTED A BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS OF THE ZONING ORDINANCE, PURSUANT TO SECTION 7.1.2.8.B.2, HAS FOUND THE CHANGES TO BE APPROPRIATE AND CONSISTENT WITH THE DEVELOPMENT DIRECTION OF THE CITY OF MIAMI'S NEIGHBORHOODS; RESULTING ZONING CHANGES APPROVED THROUGH THIS BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS, PURSUANT TO SECTION 7.1.2.8.B.2, SHALL NOT PROHIBIT, PREVENT OR LIMIT OWNERS OF AFFECTED PROPERTIES IDENTIFIED HEREIN FROM APPLYING FOR A REZONING PURSUANT TO SECTION 7.1.2.8.G.5; FURTHER DIRECTING AND AUTHORIZING THE PLANNING AND ZONING DEPARTMENT TO REVERT ANY ACCOMPANYING FUTURE LAND USE CHANGE ALREADY ADOPTED FOR ANY ZONING CHANGE NOT APPROVED IN THIS ORDINANCE IN ORDER TO MAINTAIN CONSISTENCY BETWEEN THE ZONING ATLAS OF ORDINANCE NO. 13114 AND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, FUTURE LAND USE MAP; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Pane 121 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 12-01180zc CC 01-10-13 Fact Sheet.pdf 12-01180zc Analyses, Color Maps & School Conc. & PZAB Reso.pdf 12-01180zc CC Legislation (Version 4) & Exhibit.pdf LOCATION: Certain Properties Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with modifications* to City Commission on November 7, 2012 by a vote of 10-0. See companion File Ds 12-011801u and 12-01180zt. *See supporting documentation. PURPOSE: This will change certain properties to the zoning designation described above. Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones 13353 Note for the Record: Please see item PZ.4 for minutes referencing item PZ.5. Chair Sarnoff: PZ.5. Vice Chair Gort: Move it. Chair Sarnoff: We have a motion -- Commissioner Suarez: Second. Chair Sarnoff: -- and we have a second on PZ.5. Public hearing. Anybody wishing to be heard on PZ.5, please step up. Hearing none, seeing none, corning back to the Commission. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Chair Sarnoff: Roll call. Dwight S. Dania (City Clerk): Roll call, yes. A roll call "vas taken, the result of which is stated above. PZ.6 ORDINANCE Second Reading 12-01180zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 3, SECTION 3.3.6.F., ENTITLED, City of Miami Pane 122 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 "TIGERTAIL AVENUE", BY UPDATING THE "TIGERTAILAVENUE" ESTABLISHED SETBACK AREA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-01180zt CC 01-10-13 Fact Sheet.pdf 12-01180zt Color Maps & PZAB Reso.pdf 12-01180zt Fully -Executed CC Legislation (Version 3).pdf LOCATION: Approximately the SE Side of Tigertail Avenue between Darwin Street and Aviation Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on November 7, 2012 by a vote of 9-1. See companion File Ds 12-011801u and 12-01180zc. PURPOSE: This will modify the applicability of the "Tigertail Avenue" Established Setback Area to allow for pedestrian -friendly setbacks within the center Coconut Grove commercial area. Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones 13354 Note for the Record: Please see item PZ.4 for minutes referencing item PZ.6. Chair Sarnoff: PZ.6. Victoria Mendez (Assistant City Attorney): We also moved this one? It's an ordinance as well? Chair Sarnoff: So -- all right. We have a motion? PZ.6 was a companion, am 1 right? It was -- Francisco Garcia (Director, Planning): Yes, sir. Chair Sarnoff: -- all three? Okay. Vice Chair Gort: Move it. Chair Sarnoff: We have a motion by Commissioner -- Commissioner Suarez: Second. Chair Sarnoff: -- Gort, second by Commissioner Suarez. PZ.6, public hearing is opened. Anyone wishing to be heard, PZ.6, please step up. Hearing none, seeing none, corning back to the Commission. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Victoria City of Miami Pane 123 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Mendez. Dwight S. Danie (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Mr. Danie: The ordinance has been adopted on second reading, 4-0. PZ.7 ORDINANCE 12-01115Iu Second 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 FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 3400 GRAND AVENUE, MIAMI, FLORIDA, FROM "RESTRICTED COMMERCIAL" TO "PUBLIC PARKS AND RECREATION"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-011151u CC 01-10-13 Fact Sheet.pdf 12-011151u Analysis, Color Maps & PZAB Reso.pdf 12-011151u Fully -Executed CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 3400 Grand Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 17, 2012 by a vote of 11-0. See companion File ID 12-01115zc. PURPOSE: This will change the above property to "Public Parks and Recreation". Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones 13355 Chair Sarnaff: I think what we have left is PZ.9, PZ.10, PZ. 11. Is everybody okay with their blue page items? Commissioner Carollo: Yeah, deferring them. Chair Sarnoff: Okay. City of Miami Pane 124 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 Unidentified Speaker: PZ.7. Chair Sarnoff: PZ (Planning & Zoning) -- Oh, PZ.7, okay. All right. You're ready, Mr. Director? Tice Chair Gort: I have a couple of blue which is very important to roe. They're very short. It's just a report from the -- Chair Sarnoff: For your blue page? Tice Chair Gort: Yeah. Chair Sarnoff: Okay Vice Chair Gort: One of them is about what are they doing about employing people. Chair Sarnoff. PZ.7. Francisco Garcia (Director, Planning): Yes, sir. Items PZ.7 and PZ.8 are companion items. These are a land use change and a zoning change far the property at 3400 Grand Avenue. I'll mention briefly by way of. background that this property has been historically and continues to he, in fact, a small park, services the Coconut Grove community. For some time, there was actually a zoning change in place that turned it into restricted commercial and T5-O, which allows for mixed -use development up to five stories. That was part of the Grove Tillage development proposal. Since this particular parcel will no longer be needed for that, it then should go hack -- revert hack to the park that it presently is. For that reason, we want to amend both the land use map and the zoning ordinance to reflect that this property shall be -- if this item is passed on second reading before you today -- a property with a land use of public parks and recreation and a zoning designation of civic space, which is, once again, parks and recreation. That's all I have by way of background. I'll also tell you briefly that the Planning & Zoning Department recommends approval. The Planning, Zoning and Appeals Board recommended approval by a vote of 11-0 on October 17. Chair Sarnoff • All right. Tice Chair Gort: Move it. Chair Sarnoff PZ.1 [sic]. Let me -- PZ.7. Let me open up -- Vice Chair Gort: Move it. Chair Sarnoff: We have a motion by Commissioner Gort. Commissioner Suarez: Second. Chair Sarnoff • Second by -- Commissioner Suarez: We had said no objection at the last tine, right? Chair Sarnoff: -- Suarez. This is a public hearing. Anybody wishing to he heard for PZ.7, please step up. Williams Armbrister: Yes. Thank you, you wonderful people, for hearing me and keeping me here this long to speak on this item. You know, in 2010 there were two -- three meetings on this City of Miami Pane 125 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 item, PZAB (Planning, Zoning and Appeals Board). Then we had an initial hearing where Commissioner Suarez, Commissioner Carollo, Commissioner Sarnoff, and Commissioner Gore [sic] felt that -- Gnrt felt that it was in the hest interest of the City to take a community park and turn it over to a developer. Now, after the residents coining up here and staying until 1:30 in the morning asking you not to not only take the park from the community to give to a developer, but not to take a lot of the residential properties and give to developer for commercial development. And we fought jar that, and you -- it was as if fwe were not here. You heard us, but you weren't listening. And now that the developer is coming back and says, Well, we changed our mind. You can have it hack now. So is this going to he an ongoing practice n f the City to take the public parks and give to the developers in anywhere in the City of Miami, not just in the community that came up here and spoke in opposition to it. Is this a practice that has been going on? Can the residents of the City of Miami expect it to continue going on? Or was this just an error on your behalf? Because there was never any justification given for a public park to be turned over to a developer. I'd just like some clarity and a little understanding on your reasoning for going back and forth just hecause a developer desires, we're going to meet the desires of developer and ignore the taxpaying citizens. Is this the trend we can expect with this dais? That's what I'd like to know. Chair Sarnoff: Okay, thank you. Next. Mr. Armbrister: Will I get a response? Chair Sarnoff • You will. You'll hear -- Mr. Armbrister: Thank you. Thank you very much. I'd appreciate that. Chair Sarnoff: You're recognized for the record. Pierre Sands: Okay, thanks a lot. I'm just a -- I just want to get clarity on that move also because, you know, the history of this, the community opposed that changing of that park because it had historical and geographical significance to the community. And so, again, we were disappointed when it was changed from a park status to whatever, commercial or restricted commercial. And so my question is, you know, why now are you going to revert it hack to the park status, you know, in lieu of the fact that, you know, it's been business as usual there. People meet there and they play the dominoes and it's a very nice park. So can you tell me why at this point you have decided to, whatever it is, change it back to the park status? And you know, is that any way reflecting your lack of confidence in the project that was initially proposed from 2007 on to 2011 ? Chair Sarnoff: Yeah. 1'll address that. Anyone else wishing to be heard? Dwight S. Danie (City Clerk): Sir, could I get your name for the record? Mr. Armbrister: My name? Mr. Dante: Yes. Mr. Armbrister: My name, for the record -- the speaker before Pierre Sands -- was Williams Armbrister, 3260 Thomas Avenue. That's in Miami, Florida 33133. And Commissioner Spence -Jones was present at that meeting also when you all agreed to turn over the park to a developer. Thank you. Mr. Sands: Pierre Sands, 3220 Matilda Street, Coconut Grove. Chair Sarnoff: All right. So, to the Commissioners, ifyou don't remember this, this was part of City of Miami Pane 126 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 the project that was Peter Gardner. And if recall, this particular property was going to be a land exchange for a park one block away, which was about 50 to 60 percent larger, which had significant enhancements with regard to what they were going to he placing in that park. So any statements to the record that this was just taken away and nothing was given in its stead -- a larger tract of land one block to the north was going to become a park as part of. a -- sort of an integrated project. When that part of the project no longer was going to go through, that -- it seemed logical to put it back to the status as a park. Further, any statements that the community was absolutely and utterly opposed is simply not correct 'cause you were all here and you saw predominantly it had a significant amount of support. But here is where it finds itself now. There's going to be no land exchange. There's going to be no larger park built. There's going to be no enhancement of that larger park, so it's staying just the way it was, and we're making sure that it remains a park. Vice Chair Gort: This is the domino park? Chair Sarnaff: Yes. Vice Chair Gort: By the way, that was created by myself in the '90s. Chair Sarnoff: By you? Vice Chair Gort: The domino park, yes. Okay. Chair Sarnoff: All right, so, is there a motion? Commissioner Suarez: Yeah. I think it's been moved and second. Mr. Danie: Wait. Did you close the public hearing? Mr. Sands: And I'd just like to say that the park should remain in its current location. We never asked for a trade -- Chair Sarnoff Thank you. Mr. Sands: -- or anything of that nature. Thank you. Vice Chair Gort: It is. It's going to stay there. Chair Sarnoff All right. So we have a motion and we have -- Vice Chair Gort: We did. Chair Sarnoff: -- a second. Commissioner Suarez: Got to close the public hearing. Mr. Danie: And close the -- Chair Sarnoff: I'm sorry. And the public hearing is now closed. Mr. Sands: One question. Again, you know, I want to he specific about your feelings about the project. In that the project hasn't taken place, hasn't broken ground; it's just standing idle. So is this your indication or demonstration that you've lost faith in the project? Chair Sarnoff: No. This -- the project changed, Pierre, from where it was when this was first City of Miami Pane 127 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 designated. The project's still going forward. As a matter afflict, they're corning in for demolition permits, I believe, in late February/early March. Mr. Sands: Because what you said early on, 2008, that if they had not broken ground, had not done anything, hadn't demonstrated that they had a flagship retail in there, food store, that everything, all of the land, these changes and the zone changes, would revert. I mean, are you willing to stand behind your word on that? Chair Sarnoff Well, you got to read -- You can't take things out of context, Pierre. And I don't want to get into a debate with you. But this particular aspect of the project is not going to go forward. The project changed in 2009. That project is proceeding for ward. That project is coining in for demolition permits. That project is corning in for permitting. So this particular piece of property was no longer going to he exchanged for a larger park. Mr. Sands: Okay, I understand that part. But as laypeople who are really truing to protect the interest of their community, you know, so many allowances or concessions was given to this project, and this project has changed like an amoeba in its form. Chair Sarnoff: It hasn't changed. In terms of what it looks like, the scale is predominantly the same. But you also forget to remember that in 2008, America experienced its greatest recession. I don't think any project in Miami really moved forward in 2008, 2009, and the healing only really started to begin late 2010, 2011. You're -- it's interesting to say, well, nothing's happened. You've just had three years of a huge -- four years of a huge recession. He is proceeding forward. This particular tract of land, if you remember when we went forward in the 2009 change, was no longer necessary. It was not going to he the larger park. If you want me to say my vision is still Peter Gardner's project for the Grand Avenue, it still is. Mr. Sands: I wasn't in a coma in 2008. I do realize that we did have an economic crisis. But the point is, before the crisis, this project was slated to have a whole lot of zone changes due to the underground parking and all the rest of that. And then even before the crash, they changed it. Chair Sarnoff No, not before the crash. Mr. Sands: They changed it. Chair Sarnoff: Not before the crash. Mr. Sands: Yes. Okay, hut what I'm just saying is we -- you know, I just want to he sure where you stand. Chair Sarnoff. Thank you. Mr. Sands: All right, thank you. Chair Sarnoff: My vision -- and you could report that to everyone you'd like -- is still Peter Gardner's projectfor Grand Avenue. Mr. Sands: We're not against development -- Chair Sarnoff Got you. Mr. Sands: -- but you know what our position was. We didn't want it impacting our community the way it had. City of Miami Pane 128 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 PZ.8 12-01115zc Chair Sarnoff: Understood. Mr. Sands: Okay? Chair Sarnoff • All right. So we have a motion and we have a second. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Mr. Danie: Roll call. A roll call was taken, the result of which is stated above. Mr. Danie: The ordinance has been adopted on second reading, 4-0. ORDINANCE Second Reading 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 WITH AN "NCD-2" VILLAGE WEST ISLAND AND CHARLES AVENUE NEIGHBORHOOD CONSERVATION DISTRICT TO "CS" CIVIC SPACE ZONE WITH AN "NCD-2" VILLAGE WEST ISLAND AND CHARLES AVENUE NEIGHBORHOOD CONSERVATION DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3400 GRAND AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-01115zc CC 01-10-13 Fact Sheet.pdf 12-01115zc Analysis, Color Maps (Updated) & PZAB Reso.pdf 12-01115zc Executed CC Legislation (Version 3) & Exhibit.pdf LOCATION: Approximately 3400 Grand Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 17, 2012 by a vote of 11-0. See companion File ID 12-011151u. PURPOSE: This will change the above property to "CS" with an "NCD-2". Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones 13357 Note for the Record: Please refer to item PZ. 7for minutes referencing item PZ.8. City of Miami Pane 129 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Chair Sarnoff: PZ8. Francisco Garcia (Director, Planning): Commissioners, item PZ.8 was presented along with PZ.7. They are companion items. So we're ready to take a vote. Chair Sarnoff: All right. Is there a motion? Commissioner Carollo: Move it. Chair Sarnoff • There's a motion by Commissioner Carollo -- Vice Chair Gort: Second. Chair Sarnoff: -- second by Commissioner Gort. Madam City Attorney, it is an ordinance. Public hearing is opened. Public hearing is now closed. Madam City Attorney, it's an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Dwight S. Danie (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Mr. Dante: The ordinance has been adopted on second reading, 3-0. PZ.9 ORDINANCE Second Reading 11-00806zt AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY MODIFYING ARTICLE 1, SECTION 1.2. ENTITLED "DEFINITION OF TERMS" AND ARTICLE 3, SECTION 3.6.3, ENTITLED "ADDITIONAL OFF-STREET PARKING REGULATIONS", TO ESTABLISH CONDITIONS AND STATIONING REQUIREMENTS FOR RECREATIONAL WATERCRAFTS IN T3 AND T4 ZONES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00806zt CC 01-10-13 Fact Sheet.pdf 11-00806zt PZAB (10-00963zt1) Reso.pdf 11-00806zt Fully -Executed Legislation (Version 3).pdf LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: For File ID 10-00963zt1, recommended approval to City Commission on May 18, 2011 by a vote of 7-1. PURPOSE: This will establish regulations and requirements for recreational watercrafts in T3 and T4 Transect Zones. City of Miami Pane 130 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Motion by Vice Chair Gort, seconded by Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 2 - Commissioner(s) Gort and Sarnoff Noes: 1 - Commissioner(s) Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones 13358 Direction by Chair Sarnoff to the Administration for the Planning Director to bring back an ordinance that addresses limitations regarding recreational vehicles in residential areas. Chair Sarnoff PZ.9. Francisco Garcia (Director, Planning): Item PZ.9 is an ordinance amending Miami 21, the zoning ordinance. It is before you on second reading. This is the ordinance pertaining to watercrafts for single family residential properties. I believe you are well acquainted with it. I'm happy to cover it in more detail, if you'd like. But also, I'm happy to answer any questions you may have. Chair Sarnoff: All right. Let me open up a public hearing. Anybody wishing to be heard on PZ.9, please step up. Ms. Solares, you're recognized for the record. Grace Solares: Thank you, Commissioner. Thank you, Mr. Chairman. Thank you, Commissioners. I appeared before the Commission when this matter came hefore you andl opposed it on behalf of the Roads Association. This matter has been actually on the agenda many times. I have not been here. But I was watching this morning and I saw that the items being continued was not this one, so I needed to be here. We continue to object to this. The matter -- we do not mind the boats parking in the -- or being stored in the second and third tier but, certainly, in the front yard? The Roads Association has kept -- or the Roads neighbors have kept that neighborhood neat all of this time. We don't have, rarely, a boat somewhere in our section, but to park it in front of -- in the front yard? You're going to make the City of Miami look like a third -world country. The only decent things you're going to have is going to be Brickell Avenue, and that is not just and fair. Noiy you're allowing for boats on this -- with this legislation, you're allowing boats on the front of the homes, ten feet away from the sidewalk. It's going to be right on top of the sidewalk, and on top of that, in front of the houses. That's going to look horrible. Please, Commissioners, I ask you to he very careful in doing this. The neighborhoods are going to actually be obliterated. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: I respectfully request a deferral. I'm sorry, a continuance. I make a motion to continue this to the -- Chair Sarnoff: All right. Commissioner Carollo: -- same like meeting. Chair Sarnoff: That's fine. Let me ask you something, Mr. Zoning Director -- or I'm sorry, Planning Director. Presently right now, there is no ordinance in place, correct? Mr. Garcia: That is correct, sir. Chair Sarnoff: You could park a boat wherever you want right now. City of Miami Pane 131 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 Mr. Garcia: No, sir. Technically speaking, it cannot be parked anywhere or stationed anywhere at all. Chair Sarnoff: Cannot be? Maria J. Chiaro (Deputy City Attorney): Cannot. Mr. Garcia: Cannot. Chair Sarnoff: All right, so we have a motion -- Do you want to be heard, Mr. Aguirre? Horatio Stuart Aguirre: I would. Thank you, Mr. Chairman and Mr. Vice Chairman. With all due respect, I agree with a lot of what Director Francisco Garcia is saying, and 1 agree with Ms. Grace Solares, but we do need an ordinance. 171 give you a specific example. Two houses from where I live, there is a gentleman that has four boats in front of his yard. One of those darn things is over 30 feet long, and it's a work boat. It's not a pleasure boat. It's a commercial shrimper. That doesn't belong in a residential neighborhood. We do need an ordinance. Five houses from where I live, somebody's got a thirty -something, thirty-five foot boat on a trailer with eight wheels. That's a small destroyer. That does not belong in a residential neighborhood. That belongs in a marina. Two houses in the opposite direction, somebody has about three boats in their front yard and has about eight cars parked at night. I got to believe they're running a business out of that house. I don't know what; best not to ask. You do need an ordinance. Something needs to he done. Now, am I saying get rid of boats? Heck no, definitely not. Boating is as part of -- Commissioner Gort taught me how to water ski on his boat, and that was a nice little family sized trailer -able boat. So we are in favor of -- I had a heck of a time 'cause he didn't know I was blind and he couldn't figure out why I couldn't see him, you know. But we do believe in boating but we don't believe that there ought to he marinas on people's front yards. Now, is Francisco's plan perfect? Probably not. Is it the best workable solution? For right now, it's a lot better than what you got right now, which is nothing. So, Commissioner Carollo, we've been working on this deal for 14 -- Francisco, 14 months? Commissioner Suarez: At least. Mr. Aguirre: How much? Mr. Garcia: Slightly more than 14 months, I guess there. Mr. Aguirre: Yeah, 14 months. Commissioner Carollo: And Grace hasn't been able -- Mr. Aguirre: I know. She'll -- I know. I can -- I feel -- I'rn not saying -- Grace is right, by the way. You shouldn't have a destroyer on your front yard, especially when they come home with three Yami 250s and run them up to clean them out. I agree. But we do need an ordinance and we need it right now. Chair Sarnoff • But is there a way where we could -- one size does not fit all -- where various neighborhoods could have different motifs, if you will? Mr. Garcia: Thank you for the question, Commissioner, because I think it allows nie to answer both your question and another related issue and it is this. First, to answer your question, I suppose. The only means through which we can study a proposal to have a boat on any residential property -- and this, I should emphasize, is only, far single family residential properties -- the only way we can study each case on its merits, on a case -by -case basis, is, as we are proposing is in this ordinance, through the warrant process. What the warrant process City of Miami Pane 132 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 allows us to do is to take into consideration the specific property, its context, and what possibilities there are to buffer, screen, mitigate the presence of that hoot in the front yard so that it doesn't adversely impact any of the abutting property owners. This is why when it became, to some extent, clear that there might be a consensus to at least allow far the possibility of having boats in the front yard, we insisted, time and time again, that it should be done only through the warrant, which allows them, the Planning & Zoning Department, to study each proposal and find it desirable or not desirable. I should emphasize also and add just for the record that, as I think everyone well knows, the warrant permits can, in fact, he appealed if anyone should find themselves put upon. Chair Sarnoff • So, effectively right now, with the ability of not putting a boat anywhere, we have a boat everywhere 'cause you're not enforcing that? Am I right? I mean, isn't that the truth? You're telling me a moment -- I thought -- I was just the opposite. I thought we had no ordinance in place and you could put boats. You're saying, no, there's no ordinance that allows you to put boats in the city -- on your private property now, right? Vice Chair Gort: They're all illegal. Chair Sarnoff: They're all illegal. They're all illegal. Mr. Garcia: Right. Chair Sarnoff • So there's no enforcement going on 'cause you're not going to enforce -- Mr. Garcia: Well, what I will tell you is this. Zoning Ordinance 11000 did allow them. It allowed them only on the side yards and the rear yards. Presumably then, to some extent, those which remain within those constraints may he construed as grandfather. Vice Chair Gort: Right. Mr. Garcia: But you are correct, Commissioner, in saving that presently there are no provisions Jim hoots in front yards at all. And to the extent that there are any in front yards throughout the city, they would he not in compliance and subject to enforcement, yes. Commissioner Corolla: So something that it's so out of class, like what Mr. Aguirre was saying, could actually be cited, correct? Mr. Garcia: Yes, sir. Commissioner Carollo: So, you know, right now, something to that effect can be cited -- Mr. Aguirre: It could he, but this fellow's had this little marine operation for over a year, so it's not being cited. And by the way, there's an economic cost to you because the property -- that property is probably being appraised for half of what it might he if fit was kept residential with some semblance. Vice Chair Gort: I'm addressing that on my blue page. Mr. Aguirre: Huh? Vice Chair Gort: I'm addressing that in my blue page. Mr. Aguirre: 17l he with you. 171 he -- Are we going to have blue pages today? I thought we were deferring blue pages. City of Miami Pane 133 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 Vice Chair Gort: Just one. Chair Sarnoff We're going to have one issue. Tice Chair Gort: I need one. Mr. Aguirre: One issue. Chair Sarnoff I mean, I got to tell you, we've beaten this thing up left and right, and I know we just need to put it to a vote. And you know, I'm not a boater, so let me say that. 1 happen to sort of agree with Grace on this particular issue. But I happen to think the warrant process at least gives him the review to make a determination as to whether that Goat is sufficiently obliterated. And Ron Nelson, from my office, who is a boater, has convinced me that in certain Grove properties you can satisfactorily park your boat, I guess, in the front and have it obliterated. I've seen it a couple times. I've also seen it when they don't do it. Ijust -- I don't know how much longer we can go on -- Mr. Aguirre: Yeah, but I'll tell you something. Drive to Northwest 13th Street, between 19th Avenue and 22 Avenue, and you're going to see some abominations. Chair Sarnoff No, and I -- Mr. Aguirre: And by the way, don't limit it to boat. Limit it to a guy that keeps a 40-foot Winneba -- recreational vehicle that doesn't move for 20 years and is a rusted -out hulk. Chair Sarnof f: Now, I've had a couple of those in my neighborhoods. Mr. Aguirre: Yeah. Chair Sarnoff.' Ijust -- I don't know that we're ever going to get an ordinance that every one of us is going to like, and I think we're just going to have to put this to a vote. Mr. Aguirre: But this is better than nothing, and it's a whole lot hotter than what you got now. Chair Sarnoff • Okay. You want to say anything, Commissioner Suarez? Commissioner Suarez: No. I mean, I have the same problem in my district, I mean, that people have boats and people are complaining about the boats that they have out there. So, I mean, I had one -- I had a community meeting a couple n f days ago and someone expressed anger over the. fact that it wasn't being -- you know, nothing was being done about it. So -- and the sentiment was, well, you guys haven't passed this ordinance. So, you know, I'm -- 171 do whatever, you know, the board, you know, wants to do on this issue. Yes. Mr. Garcia: May I respectfully suggest also as an option for consideration, as this Commission has done in the past, that -- hecause this is treading on uncharted waters, to coin a phrase. You may want to pass this on a pilot basis and ask us to report back to you in some months ' time as to how it's actually fared. Because we are departing from the previous set of regulations to one significant extent, and that is that we are now, for the first time, allowing boats in front yards. By the way -- and I should emphasize and specify -- not within the first ten feet of the front yard, but from the ten foot line. So there is a ten foot setback that is mandatory, and then from that ten font line on -- so the remainder of the ten feet n f the front yard -- it might he allowed' so long as it is completely opaqued from view of the public right-of-way, subject to warrant, subject to appeal. So if this Commission deems that it is at least worth trying this and seeing whether it works or not, perhaps put it on a trial period for some period of time and then we can come back to you and report. City of Miami Pane 134 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 Chair Sarnof f: So what are you saying, a one year•, two-year sunset period? Mr. Garcia: Or simply a report. At which point in time, if the Commission finds that it has not been a successful experiment and there is a wish to have it revert back to the 11000 regulations, that can be done also. Vice Chair Gort: Let me ask you a question, ifI may, Mr. Chairman, and for you to understand, Ms. Solares. My understanding is, if you wanted the -- storage the boat in the front yard, there are certain criterias [sic] that have to be followed. They have to be -- they cannot be seen from the right-of-way. The neighbors cannot see it. It's got to be covered. As I remember, when you brought that up, there was -- have to be either with some kind of a structure or landscaping, but it have to be somewhere, and that would have to go to a warrant. Mr. Garcia: That is correct, sir. Tice Chair Gort: Okay. Mr. Garcia: And I should emphasize that that warrant then allows abutting property owners to appeal it should they not be satisfied with the way we've recommended it be addressed. Vice Chair Gort: Okay. Chair Sarnoff: You want to make a motion? Dwight S. Danie (City Clerk): Excuse me. There is a motion on the floor to -- Chair Sarnoff: No. There's a motion without a second. Mr. Danie: Without a second. You're going to let it die. Chair Sarnof f: So there's no -- so right now there's nothing. Mr. Dante: Right. Okay. Chair Sarnoff.' Does anybody want to make a motion? Vice Chair Gort: Move it. Chair Sarnoff: All right. We have a motion by Commissioner Gort. 171 second it. Well -- yeah, you could do it now. I'll sec -- you can be the maker -- no, let me give you -- so I'll second the motion. Commissioner Suarez: There's a motion, a sec -- I think still remember how to do this. There's a motion and a second. Mr. Dante: And close the -- Commissioner Suarez: Roll -- Is this -- is it public hearing? Mr. Dante: -- public hearing. Chair Sarnaff • It's an ordinance. Commissioner Suarez: The public hearing is closed. Roll call, please. City of Miami Pane 135 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 PZ.10 12-00929ct The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Mr. Dante: Roll call. Commissioner Sarno)? Chair Sarnoff.' Yes. Mr. Dante: Vice Chair Gort? Vice Chair Gort: Yes. Mr. Danie: Commissioner Suarez? Commissioner Suarez: No. Chair Sarnoff: Okay. Mr. Danie: The ord -- Chair Sarnof f: I'm sorry, go ahead. Finish. I apologize, go ahead. Mr. Dante: The ordinance passes on second reading, 2-1. Chair Sarnoff.' Okay. Would you now bring back to us a recreational vehicle ordinance, or do we have one on the books? Mr. Garcia: Yes. I'm happy to do that, sir. Chair Sarnoff • 'Cause we may as well clean it all up. And Ion -- Mr. Aguirre is right. You don't need -- we don't need to fix his boat issue to leave his recreational vehicle issue out there. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, BY AMENDING THE GOALS, OBJECTIVES, AND POLICIES OF THE PARKS, RECREATION AND OPEN SPACE, CAPITAL IMPROVEMENTS, AND THE INTERPRETATION OF THE 2020 FUTURE LAND USE MAP ELEMENTS, IN ORDER TO REVISE THE LEVEL OF SERVICE STANDARD FOR PARKS, RECREATION AND OPEN SPACE FOR CONCURRENCY PURPOSES, AS DIRECTED BY POLICY PR-1.1.4 OF THE CITY'S COMPREHENSIVE PLAN; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 12-00929ct CC 01-10-13 Fact Sheet.pdf 12-00929ct PZAB Reso, Reviewing Agency Ltrs & Supp. Documents.pdf 12-00929ct Executed CC Legislation (Version 4).pdf LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of City of Miami City of Miami Pane 136 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 3, 2012 by a vote of 8-2. PURPOSE: This will amend policies of the Parks, Recreation and Open Space; the Interpretation of the 2020 Future Land Use Map; and the Capital Improvements Elements of the City's Comprehensive Plan. Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnot7 and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones 13356 Chair Sarnoff: All right, PZ10. Francisco Garcia (Director; Planning): Item PZ.10 is before you on second reading as an ordinance. This is a text amendment to the comprehensive plan of the City of Miami. And I would like to ask Rogelio Madan, a senior planner within the Planning & Zoning Department, to make a brief presentation. Rogelio Madan (Planner I, Planning): 1 don't know if we can get the screen on. Vice Chair Gort: It's got to be over there. Mr. Madam: Oh, okay. Well, I can read. It's just a couple briefpoints. Rogelio Madan, with the Planning & Zoning Department. This is based on a study that was required by the comprehensive plan to update the level of service from being 1.3 acres per 1,000 resident to something based on distance to ensure that all of the residents of Miami have access to a park. So we're changing the level of service so that every resident -- so that 73 percent of the City's residents will he within a ten-minute walk of any park -- of a park within the City. It also limits the impervious area of a park for parks over one acre to 25 percent of the park area, and anything above that has to go through a warrant process. And that's basically the essence n_f the ordinance. if you have any questions, let me know. Mr. Garcia: I would like to add that we are recommending approval, of course; so did the Planning, Zoning and Appeals Board by a vote of 8-2. And this Commission approved it also on first reading. Vice Chair Gort: Move it. Chair Sarnoff: All right. We have a motion. Commissioner Suarez: Second. Chair Sarnoff: We have a second. Madam City Attorney, it is an ordinance. Maria J. Chiaro (Deputy City Attorney): Did we have the public hearing? Chair Sarnof f: Oh, I apologize. Vice Chair Gort: Yes. Let's open it. City of Miami Pane 137 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Chair Sarnoff Anyone from the public wishing to be heard on PZ.10, please step up. Hearing none, seeing none, the public hearing is now closed; corning hack to the Commission. Madam City Attorney, it is an ordinance. Dwight S. Danie (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Mr. Dante: The ordinance has passed on second reading, 3-0. PZ.11 ORDINANCE Second Reading 12-00942zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 3, ENTITLED, "GENERAL TO ZONES", SECTIONS 3.3.1 AND 3.6.1, TO PROVIDE REGULATIONS FOR ACCESSORY PARKING; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00942zt CC 01-10-13 Fact Sheet.pdf 12-00942zt PZAB Reso.pdf 12-00942zt Executed CC Legislation (Version 3).pdf LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on November 7, 2012 by a vote of 10-0. PURPOSE: This will clarify and modify regulations and processes to allow accessory parking that is adjacent to a principal use currently not provided in the Code. Such parking is subordinate and incidental to the primary use that is located in a commercial corridor. Such use is subject to either an administrative or public process, depending on the zoning of the lot. Motion by Vice Chair Gort, seconded by Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 2 - Commissioner(s) Gort and Sarnoff Noes: 1 - Commissioner(s) Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones 13359 Chair Sarnoff: All right. Now we have PZ.11. Francisco Garcia (Director, Planning): Yes, sir. Item PZ.11 is also before you as an ordinance for second reading. I would like to request Barnaby Min, Zoning Administrator, to present this item. City of Miami Pane 138 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 Barnaby Min: Barnaby Min, Zoning Administrator. PZ11 is an amendment to the parking requirements in T3 and T4-R transect zones to allow accessory parking by process of exception if there was a legally built parking lot in the past. It is meant to carry over some of the SD-12 language from 11000 into Miami 21. Vice Chair Gort: Move it. Chair Sarnoff: Is this -- have anything to do with the Upper Eastside? Mr. Min: It would assist properties with -- right now you currently have properties that have dual zoning. Many properties are a T5 or T6 that also have a dual zoning of T3, which does not allow accessory parking. So there's been previously a zoning interpretation that says if the principal use is not allowed, then the accessory parking is not allowed. Chair Sarnoff: I remember that. Mr. Min: This is an option in order to allow parking lots -- Chair Sarnoff: All right. Mr. Min: -- accessory parking to come in. Chair Sarnoff. So we have a motion for PZ.11. Is there a second? Commissioner Carollo: I'd rather defer it, my preference. Chair Sarnoff: Second. Commissioner Carollo: There's a motion. Is there a second? Second by Chairman Sarnoff. All in -- Chair Sarnoff: Open up a public hearing, close the public hearing. Commissioner Carollo: Well, hold on. Is it an ordinance or --? Mr. Min: It's an ordinance. Commissioner Carollo: And it's first reading or second? Mr. Min: Second. Commissioner Carollo: Gotcha. Anyone from the public wishing to speak on this item? Is there anyone from the public wishing to speak on this item? Hearing none, seeing none, public meeting [sicJ is closed -- public hearing is closed; coming hack to this Commission. Madam City Attorney, it's an ordinance. Could you please read it into the record? The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Commissioner Carollo: Madam [sic] City Clerk. Dwight S. Danie (City Clerk): Roll call. Commissioner Carollo: I mean, Mr. City Clerk. City of Miami Pane 139 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Mr. Danie: Chair Sarnoff? Chair Sarnaff: Yes. Mr. Danie: Vice Chair Gort? Vice Chair Gort: Yes. Mr. Danie: Commissioner Carollo? Commissioner Carollo: No. Mr. Danie: The ordinance has passed on second reading, 2-1. PZ.12 ORDINANCE 06-00613Iu 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 FUTURE LAND USE DESIGNATION OF ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10TH STREET, MIAMI, FLORIDA, FROM "PUBLIC PARKS AND RECREATION" WITH AN "URBAN CENTRAL BUSINESS DISTRICT" ("UCBD") OVERLAY TO "RESTRICTED COMMERCIAL" WITH A "UCBD" OVERLAY; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-006131u Analysis & Maps.pdf 06-006131u Application & Supporting Documentation.pdf LOCATION: Approximately 20 SE 10th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Brickell Flatiron, LLC, and the City of Miami, A Municipal Corporation. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on January 16, 2013 by a vote of 10-0. See companion File ID 06-00613zc and related File Ds 06-006131u1 and 06-00613zc1. PURPOSE: This will change the above property to "Restricted Commercial" with a "UCBD" Overlay. Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez City of Miami Pane 140 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Note for the Record: Item PZ.12 was deferred to the February 28, 2013 Commission Meeting. PZ.13 ORDINANCE First Reading 06-00613zc 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 "CS" CIVIC SPACE ZONE TO "T6-48B-O" URBAN CORE ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-00613zc Analysis, Maps & Zoning Referral.pdf 06-0061 3zc Application & Supporting Documentation.pdf LOCATION: Approximately 20 SE 10th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Brickell Flatiron, LLC and the City of Miami, A Municipal Corporation FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on January 16, 2013 by a vote of 10-0. See companion File ID 06-006131u and related File Ds 06-006131u1 and 06-00613zc1. PURPOSE: This will change the above property to "T6-48B-O". Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez Note far the Record: Item PZ.13 was deferred to the February 28, 2013 Commission Meeting. PZ.14 ORDINANCE First Reading 06-006131u1 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 FUTURE LAND USE MAP DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF THE SOUTHERN -MOST PORTION OF REAL PROPERTY LOCATED AT APPROXIMATELY 1001 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, FROM "RESTRICTED COMMERCIAL" WITH AN "URBAN CENTRAL BUSINESS DISTRICT" ("UCBD") OVERLAY TO "PUBLIC PARKS AND RECREATION" WITH A "UCBD" OVERLAY; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Pane 141 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 LOCATION: Approximately 1001 S Miami Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Brickell Flatiron, LLC, and the City of Miami, A Municipal Corporation FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on January 16, 2013 by a vote of 10-0. See companion File ID 06-00613zc1 and related File IDs 06-006131u and 06-00613zc. PURPOSE: This will change the above property to "Public Parks and Recreation" with an "UCBD" Overlay. Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnotfand Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez Note for the Record: Item PZ.14 was deferred to the February 28, 2013 Commission Meeting. PZ.15 ORDINANCE First Reading 06-00613zc1 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 "T6-48B-O" URBAN CORE ZONE TO "CS" CIVIC SPACE ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1001 SOUTH MIAMI AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-00613zcl Analysis, Maps & Zoning Referral.pdf 06-00613zcl Supporting Documentation.pdf LOCATION: Approximately 1001 S Miami Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Brickell Flatiron, LLC, and the City of Miami, A Municipal Corporation FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on January 16, 2013 by a vote of 10-0. See companion File ID 06-006131u1 and related File IDs 06-006131u and 06-00613zc. PURPOSE: This will change the above property to "CS". Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be DEFERRED PASSED by the following vote. City of Miami Pane 142 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 PZ.16 04-01208a Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez Note for the Record: Item PZ.15 was deferred to the February 28, 2013 Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL BY THE MORNINGSIDE CIVIC ASSOCIATION, INC. AND ROD ALONSO, RON STEBBINS, SCOTT CRAWFORD AND ELVIS CRUZ, AFFIRMING THE DECISION OF THE MIAMI ZONING BOARD, IN ACCORDANCE WITH THE OPINION OF THE THIRD DISTRICT COURT OF APPEAL, THEREBY APPROVING THE CLASS II SPECIAL PERMIT APPLICATION NO. 03-0309 ISSUED ON JULY 21, 2004, TO ALLOW NEW CONSTRUCTION FOR THE PROPERTY LOCATED AT APPROXIMATELY 5101 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." 04-01208a CC 01-10-13 Fact Sheet.pdf 04-01208a Zoning and Aerial Maps.pdf 04-01208a Court Orders.pdf 04-01208a ZB Reso & Transcript.pdf 04-01208a Appeal Ltr, Final Decision, UDRB Reso & Zoning Referral.pdf 04-01208a CC Legislation (Version 1) & Exhibits.pdf 04-01208a-Submittal-Attorney for Morningside Civic Association.pdf 04-01208a-Submittal-Appellant's Memorandumf.pdf 04-01208a-Submittal-Appellant's Supplemental Memorandumf.pdf 04-01208a-Submittal-Elvis Cruz-PowerPoint Presentation.pdf LOCATION: Approximately 5101 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] APPELLANT(S): Michael A. Sastre, Esquire, on behalf of the Morningside Civic Association, Inc., Rod Alonso, Ron Stebbins, Scott Crawford and Elvis Cruz, Adjacent Property Owners APPLICANT(S): Susan E. Trench, Esquire, on behalf of Chetbro, Inc. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial of the appeal and uphold the director's decision. ZONING BOARD: Denied the Class II Special Permit appeal on October 4, 2004 by a vote of 8-0. PURPOSE: The approval of this appeal will not allow the new construction of a mixed -use structure. HISTORY: 1) On November 18, 2004, the City Commission granted the appeal. 2) On December 9, 2004, the City Commission reconsidered the item. 3) On September 22, 2005, the City Commission granted the appeal. 4) On July 9, 2007, the Zoning Board adopted the stipulation that the appellant and appellee agree that the decision of the Zoning Board is waived and that the City of Miami Pane 143 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 permit be heard by the City Commission in accordance with the amended opinion of the Circuit Court Appellate Division dated July 14, 2006. 5) On October 7, 2009, the Third District Court of Appeal ordered that the City Commission limit its review to the record of the Zoning Board. 6) On February 28, 2008, the City Commission denied the appeal. 7) On May 27, 2010, the City Commission denied the appeal. 8) As a conclusion to the various appeals to the Circuit Court and District Court of Appeal, a mandate was issued directing the City Commission to comply with the April 25, 2012 Order of the Court. Motion by Chair Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnotyand Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-13-0013 Chair Sarnoff: Let's move on. Let's do the Morningside, PZ16 item. Commissioner Spence -Jones: PZ16? Chair Sarnoff: Yes. Commissioner Spence -Jones: Okay. Maria J. Chiaro (Deputy City Attorney): Mr. Chair, I can introduce this item since it is primarily a legal item. The matter is before you for action in a very limited way. It is for action to comply with the mandate of the circuit court. That mandate requires that the City Commission take action consistent with an order of the Third District Court of Appeal, which directs you to grant a permit pursuant to its order. The orders are in your packet and -- Anna Fernandez -Brown: We are objecting -- Chair Sarnoff: Whoa, whoa, whoa, whoa. Ms. Fernandez: I apologize. Chair Sarnaff: Stop. Ms. Fernandez: Okay. Chair Sarnoff: You don't object to the City Attorney speaking to us. Ms. Fernandez: I apologize. Chair Sarnoff: You can have your say -- Ms. Fernandez: Okay. Chair Sarnoff: -- but don't ob -- Ms. Fernandez: I apologize. City of Miami Pane 144 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 Chair Sarnoff: You can object to other counsel, but don't object to her. Ms. Fernandez: Okay. Chair Sarnoff • She'll tell us what she thinks. You can tell us how she's wrong, but don't object. Ms. Fernandez: Okay. Chair Sarnoff: All right. Ms. Fernandez: I won't. Ms. Chiaro: This -- Chair Sarnoff: Let her speak. Ms. Chiaro: Thank you, Mr. Chair. This matter has been before the City Commission on several occasions before you. It relates to an application for a Class II Permit that was approved in 2004, then appealed by the adjacent property owners through the process. I won't go through the procedural rulings of the court. But we are back now to the City Commission for the third time in a very limited way. The Third District Court of Appeal, as is indicated in the materials in your packet, have directed this City Commission to grant the Class 1I Permit as originally approved by the Planning director. And the court, in its ruling, stated that if in fact, the court could grant the permit, it would, but it is not the business of the court to grant permits, and that the Third District Court ojAppeal directed the circuit court to issue a mandate for this Commission to take the limited action, as indicated in the ruling that's included in your packet. One of the issues during this process was the kind of hearing that was to he had hefore this Commission. At -- the City Commission had, at one point, a de novo hearing, which was determined not to be permitted by the court. Your action today can take rto new evidence. And if you are to take any testimony whatsoever, it is my advice to you that that testimony be non -testimony, but merely the positions of the two attorneys related to the meaning of the court order. You are at risk by doing anything that is in contravention to the court order, since the court order was so strongly worded. You are not to have an evidentiary hearing, hut mere -- hut 1-- my advice to the City Commission is that if you wish to hear from the parties, it is through their representatives, counsel or otherwise, and it is only as to the meaning of the order of the court. Chair Sarnoff: Okay. All right, who's the appellant? Ms. Fernandez: Hi. Chair Sarnoff You are the appellant? Ms. Fernandez: We are, yes. Before I begin, I do want to apologize to the City Attorney for my objection. My name is Anna Fernandez -Brown. I'm representing Morningside -- I apologize -- Civic Association, along with nay cocounsel, Mr. Luis Fernandez; 2250 Southwest 3 rd Avenue, Suite 303, Miami, Florida. And we are doing this pro bona. Also with us is Mr. Elvis Cruz, who's appearing pro se. And we have prepared a presentation. It is limited to all the material that has been established up to and including the Zoning Board hearing on October 4, 2004. We have prepared some highlights, of which we have packets we're handing out. This is my little brother, Mr. Paul Fernandez. And yes, everything that's in that packet has been established on the record, up to and including the hearing of October 4, 2004. 1 also submit for the record two memoranda, which were delivered to the City Commission, City Attorney, City Clerk, and opposing counsel on November 13, 2012 and on January 9, 2013. Also, we do not agree with the City Attorney's statement. It does harm our right to an impartial, fair and full hearing. The City of Miami Pane 145 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 Third DCA's (District Court of Appeal's) opinion clearly admitted that they do not have the authority to compel or control the outcome of this hearing today. And the law is clear that this is a nonbinding opinion. So, moreover, to the contrary, the City Attorney should have informed the City Commission that the dicta was nonbinding and that they should not let that dicta prejudice their decision making at this rehearing. And that if the City Commission incorrectly conducted a de novo hearing or made an unsubstantiated decision in the past, those errors should not be repeated, nor should those errors be errors prejudicially against the appellants at this rehearing. So members of the Commission, we are here today to respectfully request that you grant our appeal and deny the permit for two reasons. The first, the City staff and the Zoning Board incorrectly allowed three separate, undeniable, and mathematical violations of the Code, which are departures from essential requirements of the law. And second, the appellants were denied their due process at the Zoning hearing, which then denied them any meaningful review at the Commission. So, at a minimum, we are requesting that this matter should be returned to the Zoning Board for a rehearing, should you not deny the permit on its face for the clear violations. So we'll begin with part one, the three violations of the zoning code. And it should appear on the screen. Here's a zoning map of the site, which shows two separate corner lots the applicant wishes to straddle with new construction. Here is the site for the proposed building, which is also on page 1 of your handout. The building fronts on Biscayne Boulevard, along the bottom of the drawing, and has the single family neighborhood ofMorningside to the rear, along the top of the drawing, with the two side streets being 51st and 52nd. Now please note that the entrances to the parking garage, highlighted in hlue, are on 51st and 52nd Streets. Now on page 2 of your handout, Section 401 requires a 20-foot setback, both front and rear, when an R-4 building abuts an R-1 single family. Ms. Chiaro: Mr. Chair -- and I apologize to you, counsel. I want to be clear as to what my advice was to this City Commission. I noticed before counsel made the presentation, there was something passed out to the City Commission. Notwithstanding the fact that the City Commission has the discretion to accept material, the court was clear that the City Commission may consider only the transcript of the Zoning Board in its review. And the court has opined on what that transcript does. It -- the City Commission may not consider any new evidence. To reargue that which was before this City Commission before and argued in the appellate court is in contravention of the court's order. I know that counsel is presenting evidence to you. I caution you that consideration of that evidence is not in the contemplation of the court's order. Ms. Fernandez -Brown: City Commissioner, there is no new evidence that is being submitted with the court. Everything that's in those handouts and everything that is presented in the presentation today is all evidence that has been established up to and including the October 4, 2004 hearing before the Zoning Board. Chair Sarnoff: Madam City Attorney, has the argument she's presenting to us either been presented to the appellate court or has it been subsumed as a result of the failure to argue it? Ms. Chiaro: It has been argued to the appellate court by the appellants on two separate occasions. The court has heard these arguments about the wrong application of the law, three separate violations. Those arguments were made during the appellate process. Chair Sarnoff • So the very argument she's making to us here right now have already been argued to the appellate court? Ms. Chiaro: Yes, and hence my interruption for you that you may not consider any arguments, hut only the mandate of the court. Chair Sarnoff • Okay. Elvis Cruz: Can we continue? City of Miami Pane 146 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Ms. Fernandez -Brown: May we con --? Chair Sarnoff: I'm going to let you do what you want to do with your ten minutes, but I'm -- and I'm also reading the mandate of the court as I speak. Do what you want to do with your ten minutes. So I'm not going to impede you. Ms. Fernandez -Brown: Okay. So hack to the screen from page 2 of your handout, Section 401 requires a 20 font setback, both front and rear, when an R-4 building abuts an R-1 single family. But the plans show only a 15-foot setback along Biscayne Boulevard and only 10-foot rear setback where it abuts the single family. In this picture the portions of the building with the red highlighting are in violation of the zoning code. Those are zoning code violations one and two. Section 907.3.2 also requires a 2 to 1 sloping vertical rear setback, starting at 40 feet up, for any building which abuts a residential district. Here is the north side of the building, on 52nd Street, which has the residential district on the left and Biscayne Boulevard on the right. Here again, the red highlighting shows the portions of the building in violation of the zoning code. So there you have the three violations of the zoning code; a front setback of only 15 feet when it should be 20, a rear setback of only 10 feet when it should he 20, and no vertical setback above 40 feet, where a 2 to 1 slope is required. Chair Sarnoff: All right, stop there. Has that been argued to the appellate court? Ms. Chiaro: That specific argument, I am going to check with the appellate. I am told by counsel who handled the appellate matter that that was argued at the appellate court. Chair Sarnof f: Continue. Ms. Fernandez -Brown: Okay. Now let's look at the plans more closely. You can see the yellow highlighting where the north side is labeled as thefront and the west side is labeled as the front and the south side is also labeled as thefront of the building, but no side is labeled as the rear. The applicant would have you believe that this building on Biscayne Boulevard has three fronts, yet no rear. Why? Has the applicant purposely misled [sic] this building, hoping to evade the setbacks requirements at front and rear? We anticipate that they will dispute what is the front and the rear of the building as the foundation of their argument, so let's examine that issue. Your common sense tells you that thefront of the building is on the commercial corridor, Biscayne Boulevard. The name of the building, as written on the plans, is 5101 Biscayne Boulevard. The mailing address would be 5101 Biscayne Boulevard. The front door, circled in green, is a double door on Biscayne Boulevard. There is no pedestrian entrance on 51 st or 52nd Street, only the parking garage ingress and egress. Your common sense tells you that the rear of this building abuts the single-family Morningside neighborhood, opposite Biscayne Boulevard. The rear has neither a pedestrian entrance nor a driveway, but it is labeled as a side. The fact that the frontage is on Biscayne Boulevard was even confirmed by the applicant's own testimony at the Zoning Board. On page 47 of the transcript, which is on page 3 of ,your handout, a hoard member asked about ingress and egress. The applicant's architect and attorney then confirmed, three separate times, that the ingress and egress were on, quote, the side streets. "As you have seen, the plans show that the side streets to be 5l st and 52nd Streets, which confirms Biscayne Boulevard as the front and Morningside as the rear. Therefore, the Zoning Board believed it was approving a building with Biscayne Boulevard as thefront, but they failed to apply the required setbacks, which is a departure from an essential requirement of the law. Chair Sarnoff: Wait, stop right there. Stop -- Ms. Fernandez -Brown: Yeah. Chair Sarnoff: -- the time from running. Was this argued to the appellate court? City of Miami Pane 147 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 Ms. Chiaro: Yes. Chair Sarnoff: Thanks. Ms. Fernandez -Brown: Now -- and for the record, we do disagree that it was argued before the board -- or before the appeal. Now let's examine how the zoning code determines the front. First, here is the legal description. It shows that the building site consists of two separate lots. The zoning map, which is on page 4 ofvour handout, verifies two separate corner lots. The plan is to build across those two lots, the same way the existing motel was built. The east and west sides of each corner lot, which abut the neighborhood and Biscayne Boulevard, are the narrower sides of each lot, as confirmed by the plans. Section 2502 defines the front side of a corner lot, quote: "The frontage of a corner lot shall be deemed to be narrower of the two sides abutting a street." A corner lot, as in singular. Therefore, the frontage of both separate lots on Biscayne Boulevard. Please note that the definition of a corner lot does not anticipate or mention a case like this, where an applicant takes two separate corner lots and combines them, then uses the definition as a tool against itself to change the location of the front, thereby evading the letter and intent of the definition. Moreover, while the definition applies very well to a single corner lot in a situation where the abutting zoning is the same, like inside a residential neighborhood, it is important to note that the definition makes no mention of a case like this one, where two separate corner lots front on a commercial corridor and abut a residential zoning district at the rear, and those lots may be combined. On the zoning map, notice how the two lots are colored yellow and have a diagonal striping, which indicates they are in the SD-9 zoning district, which fronts all along Biscayne Boulevard. Now notice the beige colored lots to the rear of the SD (Special District) zoning district. This is an R, single-family residential district. I do notice that we are running out of time. I do want to put fbr the record that we were not given due process, hut I will continue with the presentation. Chair Sarnoff • How much longer would you need for your due process? Ms. Fernandez -Brown: We're actually -- we're a little more than halfivay done. For due process, it would probably take maybe two minutes, but we do want to place on the record -- Chair Sarnoff: Well, I want to give you your due process. l'll give you two more minutes. Mr. Cruz: No, no. It'll be more than two minutes. Ms. Fernandez -Brown: No, no. I'm sorry. I thought you meant for the two due process argument. Chair Sarnoff • Oh, I'm sorry. I thought you weren't getting due process. Ms. Fernandez -Brown: We will be -- yeah. We're getting to due process. Chair Sarnoff: Go ahead. Ms. Fernandez -Brown: The SD-9 zoning district modifies and supersedes other regulations. On page 2 of the handout, Section 609.3.2 specifies the property frontage is along Biscayne Boulevard: "Along Biscayne Boulevard, the pedestrian open space at the ground floor frontage shall he so designed, improved and located to provide an attractively landscaped appearance." The frontage of these two lots -- two separate lots nn Bis -- is on Biscayne Boulevard, as per the definition of a corner lot and SD-9. These two separate lots have not been joined in a unity of title, but the applicant may try to convince you that because they plan to combine them as a single parcel, with the narrowest side on 52nd Street conveniently misinterpreted to he the front, they can therefore evade the neighborhood protecting greater setbacks required by 401 and 907, City of Miami Pane 148 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 even though that would result in a situation which negates the letter and intent of the zoning code in Section 120, with harmful overdevelopment and blocking of light and air in the single-family zoning behind it. Fortunately, that maneuver is not allowed, because while the definition of a corner lot does not mention cases like this one, where abutting lots have different zoning designations, Section 907.3.1 does, quite specifically, on page 2 of your handout, quote, "Rules concerning" -- Susan Trench: Excuse me, Chair. Chair Sarnoff: Yes. Ms. Trench: These last statements that are being made -- Dwight S. Danie (City Clerk): Excuse me. Chair Sarnoff: You need to go up to the mike. Mr. Danie: Put your name on the record. Ms. Trench: Susan Trench. These last statements, in fact, are not included in the record anywhere about unity of title, et cetera. That is not in our record, and it's inappropriate for them. to be discussing it at this juncture. Ms. Chiaro: That's correct. Ms. Fernandez -Brown: We do have -- Ms. Chiaro: The corner lot argument was not made before the appellate court. 1t would be our position, unfortunately, that it is waived. Remember, Commission, that the City was aligned with the homeowners' group during this appeal. We are, unfortunately, on the -- Chair Sarnof f: Madam City Attorney, is this the first argument that has not been previously addressed by the appellate court? Ms. Chiaro: Well, this one in total was not addressed by the appellate court. The previous argument may have been nuanced differently, -- Chair Sarnof f: I get -- Ms. Chiaro: -- but it was -- Chair Sarnoff: I'm assuming everything is nuanced every time it's restated. Ms. Chiaro: This is the first argument that was -- Chair Sarnoff: But -- Ms. Chiaro: -- not addressed at all during the appellate process. Chair Sarnof f: Appellate court, okay. Ms. Trench: The corner lot argument --just for clarity -- was made. They just, every time, come up with some little tweak. But we did argue the corner lot issue five times. Chair Sarnoff: Okay. I got you. I'm just trying to categorize in my own mind their arguments City of Miami Pane 149 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 and whether they've been either determined by the appellate court or that they have been -- I don't want to say waived, 'cause that's for us to determine, but whether they have been not presented before. Ms. Fernandez -Brown: And I do apologize, we did try to bring up this argument and we did bring up this argument, but we weren't allowed to argue it. And that goes to our due process argument, which is coming very, very, very, very shortly. Chair Sarnoff: So you tried to argue this to the appellate court, hut they said you waived -- Ms. Fernandez -Brown: We actually -- we tried to do this to the Zoning Board, and we were denied our due process. Well, that's our argument, that we were denied our due process, and that's why we could not complete our argument. Chair Sarnoff Okay. Ms. Fenrnandez-Brown: So to continue -- Chair Sarnoff: How much longer you got? Mr. Cruz: If we don't get interrupted, about another five minutes. Chair Sarnoff • Well -- Ms. Fernandez -Brown: You know, I can completely speed it up. Mr. Cruz: Just keep going. Talk. Ms. Fernandez -Brown: Okay. Chair Sarnoff: You know, the words of John Boehner -- not that he's the best guy to quote -- this isn't the easiest job in the world. But go -- I'm going to give you another two minutes and fifty seconds, and then I'm going to cut you off Ms. Fernandez -Brown: Okay, thank you. Chair Sarnoff: So counsel, as they say, double pedal. M. Fernandez -Brown: Okay. And I quote, from 907.3.1, "Rule concerning setbacks where abutting lots have different zoning designations. In this type of case, the most restrictive condition applies to all development on both sides of the district boundary. " Please notice that it doesn't matter whether the lots abut on the side or the rear, only that they abut, and only because they do in this case, the most restrictive condition applies. The language of 907.3.1 speaks broadly and forcefully to the intent of restricting overdevelopment in a case like this, by enforcing the most restrictive condition, which includes the required greater setback. Now let's determine the rear of the properties. From page 2 of your handout, the definition of rear yard in Section 2502 begins as, quote, "Rear Yard: See also Section 907 of this ordinance." So the definition of rear yard incorporates Section 907.3.2, which is also on page 2, and it reads, "Rule concerning height of building abutting residential districts. Where districts allowing building heights over 40 feet abut residential districts on the rear, such additional height shall set back 1 foot in horizontal for every 2 additional feet in vertical dimension. " The key word here is districts. 1n other words, wherever a zoning district allows tall buildings above 40 feet high, and the zoning district's rear boundary abuts a residential district, then those tall buildings are required to have an additional setbacks from the residential district, beginning above 40 feet, of 1 foot horizontally for every 2 feet vertically. Please note that 907.3.2 is referring to the rear of City of Miami Pane 150 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 a district, as in a zoning district, which in the case is the rear of the entire SD-9 zoning district, where it abuts the R-1 residential district. It appears that both the applicant and the zoning administrator misinterpreted 907.3.2. This is not a question of whether the rear of a lot, parcel or building abuts residential; this is a question of whether the rear of a zoning district abuts residential. Therefore, whether a tall building is required to have the additional setbacks is determined by the rear of the zoning district and not by the rear of a lot, parcel, or building, or what an applicant might label as -- on the set plans. Mr. Cruz: Commissioners, Elvis Cruz, 631 Northeast 57th Street, Miami, the named appellant appearing pro se. 1 hereby adopt the Morningside attorney's testimony and presentation as my own. We are fully aware of the Third DCA's opinion and have therefore only presented evidence from the record up to and including the Zoning Board. For the Planning and Zoning director and Zoning Board to have allowed the setback violations to continue as an untouchable decision is an example of a manifest injustice. However, in your capacity as an appellate body, you have the authority to reconsider and correct an erroneous ruling that has become the law of the case where a prior ruling would result in a manifest injustice. That is from Strazzulla versus Hendrick, 177 Southern second. Now, if my attorney can continue, we would like to present undeniable evidence which not only allows you to correct that manifest injustice, it proves that the Zoning Board incorrectly affirmed the Planning and Zoning Director's decision to grant the permit. In the case -- Chair Sarnaff: There's still more argument coming? Mr. Cruz: Yes, sir. And because wefeel that this will likely go on appeal, it is important to us to complete our record, please. Chair Sarnoff How much more do you have, counsel? Mr. Cruz: We've got about another three minutes, sir. May I continue, for counsel, since I am a named appellant? Chair Sarnoff: I want you to do what you guys want to do. Mr. Cruz: Thank you, sir. Okay, so let's go to slide number 43 -- excuse me, slide number 44. Therefore, whether a tall building is required to have the additional setback is determined by the rear of the zoning district and not by the rear of a lot, parcel or building or what an applicant might label a set of plans. Commissioners, if the zoning code were to allow the combining of two corner lots and relabeling them as three fronts and no rear, thereby evading the greater setback protections far single-family neighborhoods, then both. the letter and the intent of the law in Sections 120, 401, 609, 907 and 2502 would become meaningless. Yet that is exactly what has happened with these plans and this permit. Perhaps most bizarrely, the applicant's and the City's argument at the Zoning Board was based on a physical impossibility. At the Zoning Board hearing, the applicant argued, and the City staff agreed, that because the plans were approved by the Zoning Administrator on November 20, 2003, the building was therefore in compliance with all zoning requirements, and if fwe disagreed, we should have appealed at that time. That's a due process issue 1'11 cover shortly. But the plans approved for this Class 1I Permit are dated June 30, 2004, more than seven months later, after they were substantially modified, as both the applicant and City staff stated to the Zoning Board. It is therefore physically impossible for the Zoning Administrator to have approved these plans, for the simple reason that the Class II approved plans did not even exist on November 20, 2003 and would not exist until seven months later. The record shoves that the extensive modifications included changing the setbacks, yet there is no record that the Zoning Administrator re -reviewed the plans far zoning compliance after the modifications were made. Therefore, the Zoning Board made its decision to allow this permit based on altered, inapplicable evidence that was not competent or substantial. Furthermore, that evidence included the previously described three departures from essential City of Miami Pane 151 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 requirements of law; therefore, that decision should he reversed, the appeal upheld and the permit denied, as you are empowered to do under Section 2004. Now for the due process violations. The Zoning Administrator approved this project as being in compliance with all zoning regulations on November 20, 2003 as an administrative decision with no public notice. When our attorney tried to bring up the setback issue at the Zoning Board hearing, we were told by both the applicant and City staff that it was too late to contest those violations because the Zoning Administrator's decision should have been appealed at the time it was made, even though we had not received any notice, so we had no way of knowing when our appellate rights had begun or would end. Section 1801 provides a 15-day appeal period after the Zoning Administrator's decision, but it does not require any notice to the public once the decision is rendered, so the public would not know the 15 days has begun. As a result, we were denied review of these important issues. That is a clear denial of due process. The first time we received notice of the zoning decision was when the Class II Permit was approved in July of 2004, which we promptly appealed. Thus, the only opportunity we could have had to review this unlawful decision was at the Zoning Board hearing, hut the Zoning Board erroneously denied us the opportunity to be heard. Public notice is an essential part of due process. To the extent that the City's own code and rules allowed this procedural result, as the City staff argued, those provisions violate due process requirements. The City staff would have us believe that because the Zoning Administrator approved the plans, without notice to the neighborhood or the public, and subsequently no immediate appeal, they must now turn a blind eye to the setback violations and either pretend they don't exist or accept them without anyone's ability to contest them, even though they have not yet been built. If that interpretation prevails, then all decisions by the Zoning Administrator are effectively insulated from review because of the lack of notice, unless the decision adversely affects the developer and not the public. Chair Sarnoff: Stop right there. Mr. Cruz: Yeah. Chair Sarnoff.' Was that argued to the appellate court? Ms. Chiaro: What happened -- not quite that same way. However, this City Commission twice overturned what the Zoning Board did and granted to the petitioners that which the petitioner's requested, that is, to overturn the permit. So the argument was made, with the City aligned with the homeowners' association, related to whether the permit should be overtunted. The City Commission did, in fact, overturn the granting of that permit. The appellate court said the City Commission acted inappropriately, for different reasons, but twice the City Commission, in its alliance with the property owners, was reversed by the appellate court. Chair Sarnoff: And Mr. Chairman, you were citing the Holiday versus Coral Gables about three or four pages earlier? Mr. Cruz: I -- Well, first of all, Commissioner, may I respond to that? Because that was incorrect what was just said. The City Commission did not deny the permit previously. They approved the permit on the condition that it he limited to 35 feet. Chair Sarnoff • Okay. Mr. Cruz: That's a very important and key point. And that 35 feet argument was part of a Section 1305 argument. We are not making any Section 1305 argument today. We are limiting our appeal today strictly to mathematical, undeniable violations of the zoning code. Chair Sarnoff • Okay. Now just answer my question. Mr. Cruz: Yes, sir. City of Miami Pane 152 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Chair Sarnof f: Did you cite Holiday versus Coral Gables about three pages back? Mr. Cruz: No, sir, 1 did not. Chair Sarnoff.' Okay, just checking. Mr. Cruz: Okay, slide 61. If that interpretation prevails, then all decisions by the Zoning Administrator are effectively insulated from review because of the lack of notice, unless the decision adversely affects the developer and not the public. Not only is this a violation of due process for affected neighborhoods seeking review of possibly erroneous Zoning Administrator decisions, it also raises significant equal protection questions. Lastly, the Zoning Board uses Robert's Rules of Order. At the Zoning Board hearing, our attorney was prevented from giving his presentation because the applicant's attorney interrupted him as soon as he began and initiated a Motion to Dismiss, even though an attorney appearing before the hoard is not allowed to make board motions, only Zoning Board members are. Strangely enough, the chair and the City attorney allowed the motion to dismiss to proceed, even though the concept of a "Motion to Dismiss" does not exist under Robert's Rules of Order. Our attorney voiced his objections on the record. Nevertheless, the Motion to Dismiss was heard and prevailed, so we were prevented from presenting our full case at the Zoning Board. This was a second denial of due process. In summary, I have shown you three undeniable departures from the essential requirements of law, and how a combination of deceptive labeling, failure to apply the law, misinterpretation and a physical impossibility, all within the context of two denials of due process, resulted in the denial of our appeal by the Zoning Board. I'm asking you to please uphold our appeal and deny this Class II Permit. If, however, the three setback violations have not convinced you, then I ask that you remedy the due process violations by remanding this item back to the Zoning Board for a new hearing so that we have a full opportunity to he heard on this appeal at a meaningful time and meaningful manner. Commissioner, to answer your question from earlier, is it possible that you are thinking of my mention of Strazzulla versus Hendrick, 177 --? Chair Sarnoff: What -- and you're citing Ow what proposition, departure of the essential elements of law? Mr. Cruz: Manifest injustice, sir. Chair Sarnoff.' Manifest injustice. Mr. Cruz: Manifest injustice. An appellate body has the authority to reconsider and correct an erroneous ruling that has become the law n_f the case, where a prior ruling would result in a manifest injustice. Chair Sarnoff: Thank you. Mr. Cruz: Thank you, sir. Chair Sarnoff: Yes, sir. Your turn. 1 just didn't know why he was standing there. Oh, you were doing the slideshow? I'm sorry. I apologize. Go ahead. Ms. Trench: Thank you, Commissioners. Once again, Susan Trench, ofArnstein & Lehr, 200 South Biscayne Boulevard. Every single substantive issue and every due process argument was argued not once, not twice, hut ad nauseum in five different replies to petition for certiorari, in motions far rehearing, in motions fbr clarification to the Third District. They have all been heard. There was (UNINTELLIGIBLE) three different times before this, they raised these issues. And if you would look at all of the briefs, everything has been argued. And each time, the Third District rejected the Morningside arguments on due process and substantive issues. And this last City of Miami Pane 153 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 time, noted the impropriety of allowing the association, these respondents "an additional bite at the apple not contemplated under either the City's code or the appellate pronouncements in this case." They are simply coming once again and making the same arguments to you, and that is just totally improper. On the substantive issue of the setbacks, I'm hesitant to get into the argument because it's been rejected already by the appellate court. Suffice it to say that under the ordinances that were in existence at that time, we satisfied all of the applicable setback requirements. The ordinances specifically said that what they're calling a rear yard is a side yard. The Commission didn't like that ultimately. It got changed, but after us. All of these ordinances were changed after us. If they had said what they say they say, they would never have had to have been changed. So they may argue common sense. They may show you things on the map. But if you look at the City code at that time, we were in full compliance with everything that was required of us with respect to setbacks. As far as subsequent changes in the project, those changes were at the City's request to diminish impacts, not -- we didn't increase any impacts. So we lowered the height, we moved it back. We did all those good things afterwards. That certainly didn't call into play the Zoning Administrator's original determination. 1 want to talk brief on the due process issue because there was some misrepresentation as to what exactly occurred here. There's a big argument that when the Zoning Administrator made his determination that we complied with the setbacks, they had no notice and no opportunity to appeal that, and that's absolutely untrue. And in fact, in the transcript of the hearing before the Zoning Board -- and I'm referring to that transcript at page 8 -- M. Dougherty, who was representing the client at that time, specifically testified that all abutting residences were given notice of our appeal -- I mean, our Class 1I Permit application. And I'm going to defer to her for a moment to allow her to explain exactly what occurred at that time. Lucia Dougherty: Good afternoon, Mr. Chairman, and members of the Board. Lucia Dougherty, with offices at 333 Avenue of the Americas. And today is the last stand day, and I wish 1 could say this is going to be the last stand, but this reminds me of actually a roadrunner cartoon. And the roadrunner goes off the cliff, and he comes hack. And he gets a dynamite in -- a stick of dynamite in his mouth, and he comes hack. And he is shot, and he's poisoned, and he's run over, and he comes hack. Well, unfortunately, this has been on your plate four times and since 2003. But here's the process. Before we file a Class II application, we have to get what's called a referral letter -- and that's still the same process -- and that's what they refer to that they didn't have notice of.. But we get a class -- we get a referral letter from the Zoning Administrator -- still the same process. And at the bottom of the letter, it says, the subject proposal has been reviewed by the Zoning division in the Planning & Zoning Department. It is found to be in compliance with all applicable zoning regulation and requires a Class II Permit, pursuant to the above -cited sections. We then take this and we send notice to all abutting property owners, and we send notices to all n f the affected homeowners' associations. So in this case -- and I have a notice. from the postal service and so does your Zoning Board -- your zoning Hearing Boards officer -- that they were all sent out on November 21, one day afterwards. They were sent to the Morningside Civic Association, signed by Gail Meadows, received; Palm Grove Homeowners Assoc -- Palm Grove Neighborhood Association, signed by Ellen Bottari, and it goes on. So all of them received notices and some of them received -- some of them signed for them one day later, on 11/23/2003. It just so happens that the home -- the Morningside Civic Association signed on 12/1, two days before they could have appealed, if.they wanted to. The point is, they get notice. There is no due process violation. They out and out didn't look at the file. You can go in the file. I have a e-mail (electronic) from the Zoning Administra -- I mean, the Hearing Boards yesterday. I said, So when was they sent out? Yesterday, he says. They were all sent out on November 21, which is the same as my records show, as well as the City's records. So, in fact, they were in fact notified of the Zoning Administrator's decision prior to the time that they had to appeal in order to make -- to appeal that decision. Then cifter that, we filed the application. We have to go to the City first. It's the same process now. They have to determine that the application is in compliance with the zoning code, including all the setbacks. And then we have to file the application. It's only after that that we file the application, then it was decided, you City of Miami Pane 154 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 know, seven months later. Ms. Trench: And it was because of that that there was a motion to dismiss of that part (Tithe appeal because it was untimely that it was made at the Zoning Board, and that is the reason it was granted. And there's a lengthy discussion in the Zoning Board hearing transcript at page 26, by Ms. Slayzk, who was the Zoning Administrator, explaining exactly that they did receive notice, they didn't appeal in their 15 days, and they were done. So that is really a nonissue at this point. The court's opinion here makes it clear that this permit should he issued and that they were directing the appellate division (Tithe circuit court to enter its mandate, sending it hack here to get the permit issued without any of the exceptions or the limitation, which was effectively a denial of the permit. They're looking for a de novo review again. It's inappropriate. It's time -- you know, the fat lady has sung. It's time to obey the rule of law that was set down by the Third District, now three different times. They talk of manifest injustice. My clients and the owners of this property have been sitting with this falling down motel on this property now, unable to do anything since 2003, because they think that every time -- if they just keep fighting us, we're going to give up and go away. And we're just -- we're not -- we didn't do that and we prevailed. And you know what, it's just -- it's time to give it up. J know you've changed your rules since then, but you have to play fair with us and apply the rules when we applied for this permit. That's what the courts found. And on that basis, we're absolutely entitled to get this Class II Permit as it was approved by the Zoning Administrator and the Zoning Board. Thank you. Chair Sarnoff • Thank you. Mr. Cruz: Rebuttal? Chair Sarnoff: I'll give you one minute in rebuttal. Mr. Cruz: Sure. Thank you. You've been misled by opposing counsel when they say that notice was given. There is no notice given when a Zoning Administrator's decision is rendered, only when application is first made. That is an administrative decision that takes place in an office. And there is notice given when a Class II Permit is finally issued. That was our first opportunity to appeal, and we took it. We had no way of knowing that a Zoning Administrator decision had been rendered because we received no notice. That's an essential part of due process. Regarding new arguments, the side streets statements by the appellant, the applicants, the attorney, and the architect, that is false testimony. Either they were wrong or there was a lack of competent, substantial evidence when they gave false testimony at the Zoning Board hearing and said that the 51 st and 52nd Streets were side streets. We actually agree with them; we think they are. Chair Sarnoff • And in conclusion. Mr. Cruz: And yes, the last one is the physical impossibility, the fact that the plans that were approved by the Zoning Administrator on November 20 were changed substantially and is a completely different set of plans that were used to approve the Class II Permit. Those are dated seven months later. It is physically impossible, for them to say that the Zoning Administrator approved the plans when those plans would not existfor another seven months. Thank you. Chair Sarnoff: You know, I'm actually very attracted to their argument. I think the argument of Morningside is a very, very interesting argument. I have, in some circumstances, dealt with that argument on something that probably got me up here, which was the Home Depot issue. I thought it was always a very attractive argument. And I might be swayed by that argument if I were Justice Wells, Ramirez, or Lagoa. But I'm not Justice Wells. Ion certainly not Juan Ramirez, and I'm not Justice Lagoa. And it's pretty clear to me in this order that -- and I'm going to read it to you. I'm going to read you the concurring opinion, and I'm going to read you the City of Miami Pane 155 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 opinion of the court. If we were able to have the City Commission affirm the Zoning Board's determination, the result would have occurred but for this City Commission's erroneous de novo review almost eight years ago, we would do so. Ifvou just read the opinion -- the concurring opinion ofJustice Wells. The appellate division's decision to affirm denial of this permit must thereby be quashed with instructions on remand to reverse the August 3 resolution, and remand to the City Commission for further legislative action consistent with the statements made herein. I -- you know, I always wondered -- 'cause my vision is not this building, I'll be candid with you, Ms. Bench [sic]. My vision has never been high-rises next to R-1 neighborhoods, and I get to go hack to my famous R-1 s, 'cause they're a lot easier to talk about than T3s. This doesn't comport with what 1 established for a historic district. But 1 think 1 took an oath to follow the rule of law as a lawyer, and I have no choice but to follow that rule of law here. I think I have to listen to the City Attorney, and I'm noticing that it's John Greco running back and forth to Maria Chiaro, who's sitting in for the City Attorney. John Greco is a star, in my opinion. He is a great appellate lawyer. I have never known John Greco to exaggerate. I have never known him to lie. I have never known him to give any kind of misleading statement to me. And I have read Morningside's brief. 1 would be attracted to Morningside's brief, but I'm not Justice Wells, Ramirez, or Lagoa. And I think they have read this, and I think they have entertained this. And the pitfalls of appellate procedure are most of us trial lawyers know to stay away from it because we always seem to waive things. And we waive quite a few things because you don't bring them up at appropriate times or don't argue then correctly. And that's why appellate lawyers exist. I feel for Morningside. This is not my vision. ButI think the only thing to do in this circumstance is to apply the mandate and rule of law of the Third DCA. So I'm going to hand over the gavel to Commissioner -- to the Vice Chair, and I'm going to ask the City Attorney for the appropriate resolution. Ms. Chiaro: The appropriate resolution is in your packet. It is a resolution denying the appeal and granting the permit. Chair Sarnoff • And that is my motion. Vice Chair Gort: There's a motion. Is there a second? Commissioner Suarez: Second it for discussion. Vice Chair Gort: Discussion. Commissioner Suarez: Thank you. And I don't want to have too much discussion on this. I just -- nay understanding is that if we take any action inconsistent with the court order, there's a possibility that we could he held in contempt of -court. Ms. Chiaro: I have not said that on the record, but in fact, it is my opinion that the court does have the ability to hold this Commission as a whole in contempt or the Commissioners individually in contempt for failure to comply with its mandate. Commissioner Suarez: Andl think we also -- I think --I mean, I know this Commission supported the civic association's efforts to go back on this issue. And I think it was, obviously, a prior Commission that did it once before. But this current Commission also did it. Ms. Chiaro: Yes, sir. We were aligned with. the homeowners' association all along. We adopted their brief. We filed a brief of our own, but, in fact, adopted the arguments of the homeowners' association. We fought the good fight, and the court chose to rule the way the court ruled. Commissioner Suarez: And just to talk policy, for a second and talk about what the Chairman's vision is for that area. I think one of the things about Miami 21, like it or not -- like it or dislike it as a code, is that it does things in a more visionary fashion, in a way where things are done on City of Miami Pane 156 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 transect basis versus property by property basis, so you have an opportunity -- and you know, I'm getting a little bit off the topic -- but you have an opportunity to have a vision for a certain corridor or commercial corridor and have it built within the confines of that vision. So it appears to me that, legislatively, this body has also taken some steps to prevent something being done that is contrary to the vision of the body and, certainly, the district Commissioner. Vice Chair Gort: I'm not an attorney, but what I'm hearing is -- my understanding, this application began in 2004, before Miami 21. I think we're going to have a lot of those things that certain permit were awarded according to older regulations. And if we're ordered by the courts -- 1 mean, I'm not a lawyer, but I'm listening to you guys. So it's a motion and a second. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Vice Chair Gort: Thank you. Chair Sarnoff • Okay. J think we're going to do -- Ms. Dougherty: Thank you very much. Chair Sarnoff: You want to -- does anybody want to take five? Want to take five minutes; no, yes? You're okay? If you're okay, let's go through it. It's going to be a real five. Does anybody need an interpreter? No? Okay. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 VICE CHAIR WIFREDO (WILLY) GORT D1.1 DISCUSSION ITEM 12-01433 UPDATE BY THE ADMINISTRATION REGARDING A SUCCESSION PLAN FOR REPLACING DEPARTMENT DIRECTORS AND EMPLOYEES SCHEDULED TO RETIRE WITHIN THE NEXT TWO YEARS AS A RESULT OF THE DEFERRED RETIREMENT OPTION PLAN (DROP). 12-01433 Email Update - A Succession Plan.pdf DISCUSSED Chair Sarnoff: Commissioner Gort, I know you have your blue page item. City of Miami Pane 157 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Vice Chair Gort: This will he very quick. It's an update of the Administration regarding the succession plan far replacement department heads and employees that going to he leaving within the next two years. And by the way, we also the -- something we have to deal with. We're going to have at least about three or four attorneys leaving within the next six months. Chair Sarnoff: Oh, they're a dime a dozen. Vice Chair Gort: And that's something we have to do. Chair Sarnoff • Lots of lawyers. They're like -- Anthony Hatten: Excuse me. Anthony Hatten, union president, Local 1907. We're still having problems on hiring 911 operators and crime scene investigators. And this has been going on forever. We need to put it in high gear and -- Tice Chair Gort: That's why I'm asking for a report every week, every Commission meeting. Mr. Hatten: I don't know what's holding up the process, but I've been waiting for this for months Vice Chair Gort: Okay. Mr. Hatten: -- and nothing seems to be getting done. Commissioner Carollo: And by the way, remember, before a police officer goes to the call, I mean, this is the first line. This is, you know, who receives the calls. Vice Chair Gort: That's it. Commissioner Carollo: And in all fairness -- let me speak a little hit about this. It's also officer safety, you know, public safety. Because a lot of the times -- and you know, being a former police officer, you're depending, especially on dangerous calls, on the information that this dispatcher can obtain and then deliver to you in a highly stressful situation. So, in all fairness, this is, I think, extremely important. Mr. Hatten: We're getting a high rate of illness and over -- and a lot of overtime on top of this where we can just -- if fwe just get these people hired, we'll save on overtime. And a lot of people are calling in sick because they're getting burnt out. Vice Chair Gort: Right. Okay. Commissioner Carollo: Chief. Vice Chair Gort: No, no. Wait a minute. Commissioner Carollo: (UNINTELLIGIBLE) on time. Vice Chair Gort: No, no. This is a different report, not you. Beverly Pruitt (Director, Human Resources): (UNINTELLIGIBLE). Vice Chair Gort: Yes. I mean, what are we doing to expedite. And what -- one of the things I've been asking for the last six months or a year is what can we do to expedite? What can we change to he able to hire people a lot quicker? City of Miami Pane 158 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Ms. Pruitt: Beverly Pruitt, Human Resources director. In reference to the hiring process, we've discussed the steps involved in hiring. In regards to the dispatcher and the crime scene investigator, when HR (Human Resources) receives the request from the department, we recruit and screen the applications and we send those to the department. I would need to check with Chief Orosa to see what their work has done on the -- on those positions. Vice Chair Gort: How long does it take for you to get the documentation and pass it on to the Chief? Ms. Pruitt: Usually, it takes us two weeks; the posting takes place, and then the screening of those applications is usually approximately two weeks, depending on the volume of applications received. Vice Chair Gort: What -- Chair Sarnoff • Something's broken. Vice Chair Gort: -- can we do to expedite it? M. Pruitt: It would depend on which position you're speaking of because there are specifications within the civil service process that requires steps involved in the hiring process. Vice Chair Gort: My question -- what I've been asking is -- of everyone, what do we need to do to change those -- whatever the requirements are to expedite the hiring of the individuals. M. Pruitt: That's something that I would need from the directors because they are part of that process -- Tice Chair Gort: Okay. Ms. Pruitt: -- of getting the persons hired. Vice Chair Gort: I am going to be sending a e-mail (electronic) to you. I'm going to request to the Labor Relations Committee that I had to have a meeting with all of directors and have the -- your department present and see if we can come up with a solution, okay? Ms. Pruitt: Yes, whatever suggestions. Vice Chair Gort: I've been asking the directors come up with suggestions, so let's have that meeting. Chair Sarnoff: Mr. Manager, you got to pay attention to this, you really do. Its part (tithe police. It's part of the 911. It's part of this issue. And we need you. We don't need directors anymore. We need you. This needs your personal -- Vice Chair Gort: Thank you. Chair Sarnoff: -- attention because you have a way of unclogging the clog. Vice Chair Gort: My second item -- I'll he dealing with that directly. Mr. Hatten: Okay, thank you. D1.2 DISCUSSION ITEM City of Miami Pane 159 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 12-01465 DISCUSSION RELATING TO THE NW 22 AVENUE RIVER TERMINAL. 12-01465 Email - NW 22 Ave Terminal.pdf DISCUSSED Vice Chair Gort: My second item is the -- I would like to know -- we have -- since I got elected in 2010, I've had a problem with the terminal at Northwest 22nd Avenue and 14th Street. We have to call the police. There's one of those terminal on the river. They block traffic. They have all kinds of violations. I know we put a whole team together. They went in there, did some inspection. I'd like to have the follow up of that inspection. My understanding, there was a lot of violations, and I want to know if they complied with all the violations. Barnaby Min: Barnaby Min, Zoning Administrator. 1 believe back in September or October, there was a joint inspection done with a number of City departments, as well as the federal government. There were some minor infractions that were found by -- Vice Chair Gort: Minors. Mr. Min: Minor infractions -- Code Enforcement, which were immediately resolved, as well as, 1 believe, the Coast Guard and ICE (Immigration and Customs Enforcement), and those were -- and DERM (Department of Environmental Resources Management), and those were also immediately resolved. There were some minor building permit issues that I think -- it's simply a matter of closing out the permits. But because there were no life safety issues, the building official -- and I don't want to misspeak for him -- hut the building official did not think it was necessary to vacate the premises. Vice Chair Gort: My understanding is, you have to have ingress/egress in that facility. You have two entrance and exit. That is not being enforced. Mr. Min: IfI -- Tice Chair Gort: In the original plans -- I know they were made maybe 20 years ago -- Mr. Min: I don't recall looking at the plans. When I was there for the inspection, I recall only one entrance, which was being used for both ingress and egress. Vice Chair Gort: Right. Mr. Min: Unfortunately, I don't know if that is in compliance with the plans, 'cause like I said, I've not seen the plans. But I will certainly follow up with Code Compliance and the Building Department to ensure that if there's been any deviation, that they get the proper permits. Vice Chair Gort: We need to follow that up because we get the -- 1 get calls just about every other day, every time there's a ship coming in and there's trucks blocking the streets and so on. And we need to do something. Mr. Min: I will certainly follow up with Mr. Diaz and his department. Vice Chair Gort: Okey-doke. Thank you. Yes, sir. Chair Sarnoff: All right. City of Miami Pane 160 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 D2.1 12-01391 D2.2 12-01397 D2.3 12-01398 D2.4 12-01466 Horacio Stuart Aguirre: Mr. Chairman, very briefly. Horacio Stuart Aguirre, as chairman of the Miami River Commission, 1407 Northwest 7th. Street. Vice Chairman Gort is referring to the commercial cargo terminal on Northwest 22 Avenue and 14th Street, on the south side of the bridge. That property is not owner occupied. It's rented to a tenant. He's got a lease. The landlord has been doing everything possible to change the way that tenant does business or to evict that tenant. Florida is a very tenant friendly state and -- but we do celebrate and applaud Commissioner Gort's concerns. I happen to live in that neighborhood. And anything you can do to alleviate that problem would he appreciated. END OF DISTRICT 1 DISTRICT 2 CHAIR MARC DAVID SARNOFF DISCUSSION ITEM DISCUSSION ON DEMOLITIONS PERFORMED WITHOUT PERMITS AND/OR CERTIFICATES OF APPROPRIATENESS. 12-01391 Email - Demolitions Performed without Permits.pdf DEFERRED Note for the Record: Item D2.1 was deferred to the January 24, 2013 Commission Meeting. DISCUSSION ITEM DISCUSSION ON TRASH HOLES. 12-01397 Email - Trash Holes.pdf DEFERRED Note for the Record: Item D2.2 was deferred to the January 24, 2013 Commission Meeting. DISCUSSION ITEM DISCUSSION ON RESIDENTIAL PROPERTIES RENTED FOR COMMERCIAL PURPOSES. 12-01398 Residential Properties Rented.pdf DEFERRED Note for the Record: Item D2.3 was deferred to the January 24, 2013 Commission Meeting. DISCUSSION ITEM DISCUSSION REGARDING CONTRACTORS' NEGLIGENCE IN FAILING TO PROTECT TREES. 12-01466 Email - Contractor's Negligence.pdf City of Miami Pane 161 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 D3.1 12-01291 D3.2 12-01485 D3.3 12-01486 D3.4 12-01487 DEFERRED Note for the Record: Item D2.4 was deferred to the January 24, 2013 Commission Meeting. END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO DISCUSSION ITEM PROCEDURES REGARDING THE CIP PROCESS IN ORDER TO BETTER THE INFRASTRUCTURE AND SERVICES TO THE COMMUNITY. 12-01291 Email - CIP Process - Infrastructure & Srvcs.pdf 12-01291-Submittal-Mark Spanioli.pdf DEFERRED Note for the Record:: Item D3.1 was deferred to the January 24, 2013 Commission Meeting. DISCUSSION ITEM UPDATE REGARDING THE TIMELY ISSUANCE OF THE AUDITED FINANCIAL STATEMENT ENDING SEPTEMBER 30, 2012. 12-01485 Update - Issuance of Audited Financial Statement.pdf DEFERRED Note far the Record: Item D3.2 was deferred to the January 24, 2013 Commission Meeting. DISCUSSION ITEM UPDATE REGARDING WORK PERFORMED BY OTHER GOVERNMENTAL AGENCIES ON CITY STREETS AND THE LACK OF ADEQUATE MILLING AND RESURFACING TO RESTORE STREETS TO THEIR ORIGINAL CONDITION. 12-01486 Email - Lack of Adequate Milling & Resurfacing Streets.pdf DEFERRED Note for the Record: Item D3.3 was deferred to the January 24, 2013 Commission Meeting. DISCUSSION ITEM DISCUSSION REGARDING COMPLIANCE WITH THE FINANCIAL INTEGRITY PRINCIPLES ORDINANCE. 12-01487 Compliance - Financial Integrity Principles Ord.pdf DEFERRED Note for the Record: Item D3.4 was deferred to the January 24, 2013 Commission Meeting. City of Miami Pane 162 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 D4.1 12-01455 D4.2 12-01456 NA.1 13-00048 END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ DISCUSSION ITEM DISCUSSION REGARDING MIAMI 21'S BLANKET PROHIBITION ON COMMERCIAL VEHICLES IN RESIDENTIAL ZONES. 12-01455 Email - Miami 21 Blanket Prohibition.pdf DEFERRED Note for the Record: Item D4.1 was deferred to the January 24, 2013 Commission Meeting. DISCUSSION ITEM DISCUSSION REGARDING CREATION FLAT RATE FOR BUILDING PERMITS FOR RESIDENTIAL PROJECTS UNDER $2,500. 12-01456 Email - Creation Flat Rate For Building Permit.pdf DEFERRED Note for the Record: Item D4.2 was deferred to the January 24, 2013 Commission Meeting. END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES END OF DISTRICT 5 NON AGENDA ITEMS DISCUSSION ITEM DISCUSSION BY CHAIR SARNOFF REGARDING HIS VISION FOR IMPROVING THE HEALTH, SAFETY, AND WELFARE OF THE CITY OF MIAMI THROUGH ENHANCEMENTS IN THE CITY'S POLICE DEPARTMENT. 13-00048-Submittal-Memo-Increasing the Miami Police Dept.'s Sworn Force.pdf DISCUSSED Chair Sarnoff: All right. I'm going to ask the Commission to give me a point of privilege so that City of Miami Pane 163 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 I can at least address being the Chair, and I want to first thank you, the Mayor -- to the Mayor for the opportunity to do so. And I think as all previous chairs have, every chair brings a vision with regard to the City nfMiami. And I'd like to share with this Commission a vision I have, and it's a vision that l think we all share. It's a vision 1 think that we all can support, and that is, how do we improve the health, safety, and welfare of the City of Miami? I can think of no better way to do so than enhancing our police department. You all have heard in the past that I have suggested that we employ what's called a "southern standard of policing. " All it really meant was that southern towns, southern cities tended to be less dense and employed fewer police officers per capita than the northeast cities. To the Chief of Police's credit -- and I want to first give him the best praise I have ever given anyone on the dais -- the memorandum that he did on December 20 is, without a doubt, the hest work product that I have seen from any City employee. In this December 20 memorandum, the City of Miami employs 2.61 officers per 1,000 inhabitants. To give you a perspective, that would put us in the bottom 50th percentile in Miami -Dade County in terms of sworn members of 1,000 inhabitants. To give us a little hit of perspective what that all means: the City of Biscayne Park, with a population of 3,072 people -- that's a very, very small city -- the City of Virginia Gardens, with its population of 2,300; both employ approximately 2.6 sworn members per 1,000 inhabitants. So in comparison, the City of Miami employs basically the same number of police officers as the two smallest cities in Miami -Dade County, but we do so -- we have a further disadvantage. We also have SWAT (Special Weapons and Tactics), homicide. We are what's considered to he a All police department. So you don't have simply those officers out on the street patrolling, like Miami Gardens does, like -- excuse me -- Virginia Gardens, like Biscayne Park. What we have is we have a police department that of those 2.6 officers per 1,000 also happen to have SWAT duties, also have homicide duties, robbery duties. It is consistent and persistently taking away from patrol division. Now, Miami has one further disadvantage: it is the place that people go to work. And that means that our population -- which I know we have argued, is more than 360 or 410,000 people, depending upon what census we have -- daytime goes to 560,000 people. So we not only have 2.6 police officers per 1,000 in habitants; if we were to project what we are during the day, our number would go down to about 2.1 police officers per 1,000 inhabitants . And with that, we would then be the lowest city of any major city in the United States of the amount of police that we employ. So -- and to give you one last perspective. Some cities that you would might say Miami, arguably, could aspire to he: Miami Beach Police Department -- and I'm not suggesting, Chief, by any stretch of the imagination, they're a better department; they're a different department. But they employ 4.1 police officers per 1,000; City of Coral Gables, 4.3 police officers per 1,000; New York City, a place that I've heard us -- heard other Commissioners say, If we're going to be a great city, maybe we would look something like New York. They employ 4.2 police officers per 1,000 inhabitants. Boston -- I can almost do the Boston twang, but PH save you from that -- 3.5 police officers per 1,000; Baltimore -- that's a city that lthink is very, very comparable to Miami, same problems, same type of population, port city -- they employ 4.7 police officers per 1,000. So consider this, Baltimore, a police -- I'm sorry -- a municipality that is very, very comparable to the City of Miami, employs 4.7 police officers per 1,000. We employ, when you add our daytime population swell, 2.1 police officers per thousand. We are less than half that of Baltimore. Philadelphia, 4.3 police officers per 1,000. Now, Pm not going to suggest, as the Chief does, that an ounce of prevention is worth a pound of cure. How did that expression even come about? I would suggest to you, the more police officers you employ, the better you're going to be served for safety, for the health and the welfare of the City of Miami. The Chief even did an analysis based on the RAND (Research and Development) Corporation. And the RAND Corporation actually computed what does crime cost for the City of Miami? What does it cost nationally? And here's what the Chief was able to extrapolate: murder costs $8.6 million per incident. So if we have 200 murders -- and we have more than 200 murders -- in the City of Miami per year, somebody do the math; rape, a violent crime, $217,866 per incident; robbery -- and as -- we seem to all know somebody who's been robbed -- $67,277 per incident; aggravated assault, $87, 230 per incident. It is arguable that the total crime in the City of Miami could cost upwards of $116 million a year; whereas, if we were just to hire these 100 police officers, the City of Miami's cost would be something in the neighborhood of City of Miami Pane 164 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 $7, 350, 938. If we're ever going to become the great city that we claim we're going to become, we need to get not to 2.6, not the 3.0; we need to do, at a minimum, what Philadelphia does. We need to get to 4.3 police officers per 1,000, and to do so we have to hear in mind that we swell to upwards of 560,000 people per day. We simply have got to go about hiring 300 police officers to the tune of 100 police officers for the next 3 consecutive years. Now having said that, we have had a great deal of difficulty in hiring police officers and, candidly, Commissioner Gort, I've spent hours on this. I have spent time with the Chief. And I've spoken to Armando Aguilar, Jr., who I think has some good ideas. And to give you a perspective on this, how did -- you know, how do other cities do it? How does the County do it? Well, the County -- actually, their own police department hires their own police officers and doesn't have to go through HR (Human Resources). I'd strongly urge each of you to get involved and think about a strategy under which we are going to employ, because adding these police officers is a great thing and something this City needs to do. But looming for us is the year 2014. In the year 2014, 250 police officers will end their employment with the City of Miami, 250 police officers. The time is now to get this right. I suggest that we employ a consultant, whether it a super HR person, whether it's a former DOJ (Department of Justice) employee, whoever that right person is, to stop this logjam, explore every strategy the City of Miami can employ in terms of lateral hires, in terns of creating our own police officers. Remember that we have the ability to hire -- to create about 100 police officers per year in our own college of policing, but we simply can't go along the way we've been getting along. Vice Chair Gort: Mr. Chairman. Chair Sarnoff. Yes, you're recognized for the record. Vice Chair Gort: As a discussion item today, I have the item that I've been working with the Administration for a year and a half, what is the problem in hiring people. We have police officers leaving. We got over 300 individuals from the City of Miami employees leaving. It's very difficult to hire anyone within the City of Miami. We have individuals, they have paid $10,000 that had gone through the school, they have been certified as a police officer; yet, to get hired is a problem. And for a whole year now -- and I'm supposed to get a report today what are they doing about it. Butt think you're right, we need to change the way -- the system that we use. Commissioner Suarez: Mr. Chair. Chair Sarnoff. You're recognized, Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. First of all, Ijust want to start by saying that in my district -- and I could -- I think could speakfnr the City in general -- crime is the number one issue. It's the number one quality (OP issue. It's a very emotional issue. When someone is burglarized, they don't want to hear about statistics, they don't want to hear about number of police officers. They just feel violated, and they have a hard time even going hack to their home and feeling safe. Nothing that a Commissioner tells them is going to make them feel better. So I, you know -- And then the ancillary concern with that is patrolling. The first thing they always say is we don't see enough patrols, we don't see enough presence (Orifice officers. So I -- I think it's a wonderful suggestion. I like the, you know, three-year plan. And I think to do anything that's difficult and complicated, to execute on something that's -- that can he -- it shouldn't he difficult and complicated, but the fact of the matter is you've proven over the last year in studying the issue that we continue to be deficient. So we haven't -- not only have we not crossed the threshold into being in the positive; we're still in the negative. So that's a major concern for me. And I want to -- whatever the innovative solution is, whether it he hiring a consultant, whether it be going through our department, there needs to be something put on the table to get there because we haven't shown a good track record in just getting us to the equal point. And as you correctly point out, in the next few years, we're going to go down another 250, so we're talking about, you know, whatever we're deficient now -- I think the number in the paper City of Miami Pane 165 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 was 50, 'cause we're -- you know, we're talking about 150, plus another 250, plus another 100 per year, which is 300. I think it's 100 percent correct to say that whatever incremental revenue we're getting from this point moving forward, the number one priority should he our policing. There's no doubt in my mind. 1 can't think of another department that could merit the kind of attention and the kind of money resources at this level. Maybe the Building Department now because of what we're going to experience is going to need some additional attention, but definitely the police department is going to need -- and it's going to -- it's an issue that's going to benefit all the residents. It's a citywide issue. So you have my All commitment and support to do everything that I can, whether it he helping to create those innovative ideas to get there or just supporting whatever ones that you have to get to that level, because 1 think it's a critical need in the City. Thank you. Chair Sarnoff: Thank you. Anybody else wish to be heard? Vice Chair Gort: Do you need a motion (UNINTELLIGIBLE)? Chair Sarnoff • Well, let's hear from the Mayor and then maybe, if you want to fashion a motion, that would he great. Mr. Mayor, you're recognized for the record. Mayor Tomas Regalado: Thank you, Mr. Chairman, Mr. Vice Chairman, Commissioners. You know, I think it -- I guess that this is an issue that everybody agrees, and I just want to say that we -- like you, we had had many conversations with Danny, the Manager, the Chief of Police, and yes, we believe that we have the resources to do this, and it's important that this will he the priority. The only thing is the process. And it may even take a Charter change because of the different rules so. You know, since there is so much enthusiasm, it is important that we work -- maybe, if the attorney believe that there's a need for a Charter change and to have it ready for the next general election. So I really believe -- and I know that the Manager has been working with Danny running all the numbers -- the all -in numbers, for the police department. But I just want to say, on behalf of the Manager, that we are committed to expand the police department, and that this should be, and it is, a priority for this year. Thank you. Vice Chair Gort: The budget is there. The funds are there to hire people. Chair Sarnoff: No. 1 think -- Look, in the words of the vice president, a man says something's important to him, check his budget and it'll tell you exactly what's really important to him. So we can get up here and speak in terms of platitudes, conclusions, but when it comes to the budget, if we don't have the intestinal fortitude to simply budget an additional $7, 350, 938,over and above what the Chief says he needs, then we're speaking out of both sides of our mouths. And when next year comes and we have a tough budget year, we don't have the intestinal fortitude to budget, once again, an additional $7.3 million, we're talking out of both sides of our mouths. 1 know one thing. This isn't a sexy issue in terms of like it's not a stadium, it's not a bridge, it's not a tunnel. You're not going to stand next to it and say, I built this, I voted for this, but -- and I hate when people say it's the right thing to do 'cause the right thing to do is what history will judge you by. Each one of us go to work every day believing we're safe. Each one of us go for a walk at night believing we are safe. We enjoy the quality of our life, our parks, whatever it is we do because we believe we're safe. What the memo that the Chief did reveals is though we may be safe, it certainly isn't really through strategy; it's through circumstance. Because I've been suggesting for over a year now that we've been employing an outdated, outvoted strategy, and I don't mean to make cracks. This is not intended to say the Southern strategy. There actually is something called the "southern strategy." To give you an indication, Atlanta, probably the biggest southern town that most people think about, used to have 2.6 police officers per 1,000. Today they have 3.9 police officers per 1,000. So even they don't employ the old strategies. As you densify as a city, as you put tall buildings there, as you have people living on top of each other, that strategy simply doesn't work. So as I said, Chief you certainly should be heard. And Ijust want to say it one more time, and I want to say this to the Manager. This work product is City of Miami Pane 166 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 the best product I've ever seen written by any City of Miami employee. Johnny Martinez (City Manager): And notice, it's very short. It's not like 30 pages long. It's right to the point. It's very good. I just wanted to add, 1 agree with everything that's been said. As the economy picks up and we have more and more vertical development, it puts a bigger strain on all our resources, the Building Department, the Police Department, the Fire Department, and we need -- and we do need to beef up as the economy picks up. It's only logical. The other thing is that we need to he very strategic. We need to he strategic not just hiring 100 officers; hiring the right 100 officers. You know, we need to do it correctly, make -- you know, one good officers is better than five bad ones, you know, 'cause they -- they're not crime preventers, the bad ones; they're crime creators. So we need to hire the right people. And having said that, one thing that I heard was the County has their own internal hiring process within the police department. I think that's worthy of looking into so that -- They have -- they're in charge of their own destiny as far as hiring the right 100 officers, and I think that's worthy of looking into. We're also looking into the -- I think what the Mayor referred to as the all -in costs. The Chief, in his report, gave a $7 million number, I think it was, and that's just the raw costs. We need to have the uniforms, the fuels, the extra burden on GSA (General Services Administration) and those type of things, to come up with the all -in costs that the Mayor mentioned. But, yes, I agree that we need to do this. We need to do it strategically, and we need to hire the correct 100 people. Chair Sarnaff: Chief, you're recognized for the record. Chief ManuelOrosa (Police): Thank you, Commissioner. Commissioner Spence -Jones: And Mr. Chairman -- when you're finished PH -- Chief Orosa: Yes. Thank you. Two points to clarify. One, the cause for the memo is basically just salaries and fringe benefits. We do have to add a certain percentage and that percentage -- I'll leave it up to Danny to figure out what the percentage is. We need to, like the Manager said, buy guns, uniform, cars, fuel. You know, whatever that percentage is, I'll leave to Danny; he's the expert on the money issue. The other thing needed to clarify is that heard you mentioning we have like 200 murders a year, and we only average around 70, 72, 73. Chair Sarnoff • Oh, I'm sorry. I didn't know you -- I -- Mr. Orosa: 1 don't want to -- I don't want the residents to he alarmed out there that -- like we're the murder capital of the U.S. (United States). Chair Sarnoff: 1 think 1 was watching too much of The Wire. Mr. Orosa: That's -- Chair Sarnof f: That was about Baltimore. Mr. Orosa: -- Chicago; it's not us. So thank you. Chair Sarnoff: Thank you, Chief Commissioner Spence -Jones: Mr. Chair -- Chair Sarnoff: And Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: Yes. Chief Ijust want to say something quickly. City of Miami Pane 167 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 Mr. Orosa: Yes, ma'am. Commissioner Spence -Jones: First of all, I want to commend the Chairman far his wisdom on really pushing this issue. As a matter fac, this is an issue that probably was on his blue pages at least six or seven times addressing this issue and he remains diligent on making something happen. So I applaud your effort in making this a priority in your first steps of leadership, so I wanted to at least acknowledge that. I also want to acknowledge the Chief: When people do good things, we should acknowledge their good work. And I don't know if ,you guys seen recently -- I know you saw in the news -- we had a major operation, basically in my district, addressing the issues of guns and violence and drugs in the neighborhood. And 1 wanted to acknowledge not only the Chief, because we're nothing without our team; I wanted to acknowledge you and all the guys and girls in blue for their hard work, because I know that we have been pushing very hard to see some results. And as you saw just most recently in the press conference they had, that we made several arrests and we've gotten a lot of bad guys off the streets and I'm very excited about that, so I just wanted to at least acknowledge. I know we need more -- even more so officer -- more officers now more than ever. In my district, I'm not only plagued with the issue of the gun violence hut, most recently, I'm getting a sudden rash of many of my businesses -- I'm sure you know -- that are being hit with burglaries. Mr. Orosa: Overnight, yes. Commissioner Spence -Jones: Yes. Too many of them. So their air conditions, their copper; everything is being stolen out of their businesses. And it's very difficult already for a small business to operate, but then not having, you know, the things that they need to have in order for them to run their businesses makes it difficult. So I totally agree with that; if we have more police officers on the street patrolling, that we could definitely address these issues. But I wanted to acknowledge you -- Mr. Orosa: Thankyou. Commissioner Spence -Jones: -- because sometimes we beat you up here for not moving enough. So I wanted to acknowledge you for your hard work. Mr. Orosa: Thankyou. And by the way, Commissioner, part of trying to resolve that issue on the 7th Avenue corridor, effective Sunday, a beat officer started on that corridor that will he going from -- around 54 Street all the way up to 64 Street. And that's -- it's a lady officer. That's all she does is patrol that area. Okay. Commissioner Spence -Jones: Well, thank you. Mr. Orosa: You're welcome. Chair Sarnoff: Thank you, Chief: Appreciate it. Chief, could you tell us who the coauthor of this particular memo is? Because it's -- and I know you had a lot to do with it, but I think we should -- Mr. Orosa: It was Junior. He's a little brainiac. So I give him an assignment, he runs, and he does research, and then we get together with the research and we put the package together, but yeah. Chair Sarnoff And I want to say your intuitiveness to do this -- because I didn't instruct you to do this. You picked up on what 1 was saying and you picked up on the southern strategy and the northern strategy, and I just -- I guess if anybody could learn anything from the Chief -- He didn't get an e-mail (electronic), a text, an instruction from me, hey, give me a memo on thus and so, but he saw that this issue was recurring and recurring and recurring and I think did a great City of Miami Pane 168 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 NA.2 13-00050 job. So Ijust want to thank you. And to the other directors out there, when you see an issue bothering a Commissioner, a memo such as this on whatever issue that they have would really he helpful to us and he intuitive 'cause this is -- you know, I thought well of you, Chief hut I have a whole new level of thoughts about you now. So thank you. Mr. Orosa: Thank you, Commissioner. Chair Sarnof f: All right. And the last thing I want to say with regard to the chairmanship. Again, I want to thank the Mayor fbr the opportunity. We're going to he bringing to this Commission Marine Stadium, and 1 want to -- I think it was Commissioner Gort that put me on that committee, which I think we met something in the neighborhood of 14 times, and I want to thank him for those 14 two-hour sessions. Vice Chair Gort: I know you were going to do the job. Chair Sarnoff: Right. And we've come to a consensus, and I think it's -- it was a very rigorous committee, and I hope that you will see the time and effort to this Commission that was brought with regard to Marine Stadium and some very aggressive conversations and -- were had. And I know it's been the Mayor's vision to get Marine Stadium going, and I think we have at least an agenda, a strategy, and an opportunity to do so. So thank you. All right, anybody have anything else? Otherwise -- DISCUSSION ITEM DISCUSSION TO CONSIDER THE APPOINTMENT OF RICHARD J. DAVIS AS SPECIAL COUNSEL TO REPRESENT THE MIAMI CITY COMMISSION REGARDING ISSUES OF CORPORATE GOVERNANCE. 13-00050-Back-Up Document -Special Counsel for Commission Item Memo.pdf 13-00050-Back-Up Document-RJD Resume.pdf 13-00050-Submittal-Letter.pdf DISCUSSED Chair Sarnof f: All right, ladies and gentlemen, we're back on the record. What we have now is a time certain non -agenda, or as I like to call it, supplemental agenda item. This item is in regards to the City Commission hiring a lawyer or a law firm to give it advice as to how -- I call it corporate governance standards, but it's ahnost like a double stan -- double governed governance standard -- we should proceed forward. I know Commissioner Spence -Jones wants me to read something into the record, but I'm going to recognize her first. Commissioner Spence -Jones: Okay. Yes. Thank you, Mr. Chairman. First of all, I want to thank the Commissioners for their spirit of patience in all of this, but I just wanted to off cially put something on the record; and in the spirit of wisdom, 'just want to also make sure that 1, at least, put on the record something that my attorney would like far me to do. Also recognizing, so that we're all on the same page, that this is a discussion item, so it's not a voting item. So I just want to read my statement, and at that point, I will recuse myself: All right. This is a non -agenda item. This non -agenda item involves hiring an attorney to advise the Commission on whether the City of Miami should pay fbr the Mayor's defense attorney. Out of an abundance of caution and to avoid even the slightest appearance Oa conflict, 1 am not going to participate in the discussion of this agenda item or vote on the item. My attorneys have sent a letter to the Commission and I asked that it he read into the record. The only thing that I would say before I would actually leave -- again, because we're not voting on a item,; it's only a discussion item -- I would like to at least make sure that the Clerk actually reads it in the record. I think that that City of Miami Pane 169 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 probably would set a better tone for the meeting or the discussion. Thank you. Chair Sarnoff All right. We're coming now to an item -- the hest thing to do for me is probably just to read exactly what Michelle Spence -Jones wants me to read into the record. So if —you would indulge me, it's a two -page letter. It is from Emory Celli, S-E -- sorry -- C-E-L-L-I Brickerhoff [sic] & Abady LLP (Limited Liability Partnership). They're located at 75 Rockefeller Plaza, 20th floor, New York, New York. It is a letter addressed to each Commissioner. It is dated January 9, 2013. It references the January 10, 2013 City of Miami Commission meeting non -agenda item appointing special counsel to the City Commission. Dear Sirs: We represent Commissioner Spence -Jones in a pending federal lawsuit captioned Spence -Jones versus Rundle, et. al., 12-cv-24253. We write concerning the above non -agenda item, scheduled to he heard January 10, 2013. As the Commission is aware, Commissioner Spence -Jones has sued, among others, Mayor Regalado, in his personal capacity, as set forth in the complaint in the federal lawsuit. The Mayor has since requested that the City of Miami pay attorney fees of his hand-picked lawyer in the lawsuit. It is perhaps inexplicable that the Mayor would request the Commission to choose sides in a lawsuit between a sitting Commissioner and sitting Mayor, by funding one side of the litigation (the Mayor's side), no less at the expense of Miami taxpayers. However, we understand that this issue is presently before the Commission and do not formally address it here. Commissioner Sarnoff has since placed on the Commission agenda whether to hire Richard Davis as counsel to advise the Commission on this and other matters related to the federal lawsuit. As to that non -agenda item scheduled for January 10, 2013: First, aside from a brief opening remark and out of abundance of caution, Commissioner Spence -Jones will not he participating in or voting on the item. However, we do not think it is appropriate as plaintiff's counsel to communicate to the Commission through this letter, as the Mayor has already advocated and presumably will again advocate his position before the Commission. Second, it is our responsibility to inform the Commission that Commissioner Sarnoff is himself a witness to a number of key events in the federal case. It would seem inappropriatefor a federal witness to vote on Commission issues related to the case, including whether to pay for a defendant's legal fees. Third, we request an opportunity to be heard before Commission consider -- before the Commission considers vote -- or votes upon Mayor Regalado's request far the City to pay his attorney's fees, should it ever do so. Thank you for your attention in this matter. We respectfully request this letter he read into the record and made an official part of fthe January 10, 2013 Commission proceedings. Respectfully, Hann M. Maazel, M-A-A-Z-E-L. It is carbon copied: Michelle Spence -Jones, Johnny Martinez, Julie O. Bru, Todd Hannon, Ray Taseff, Charles Ogletree. That's exactly what's read into the record and that is exactly what was requested. If this Commission will recall, you gave me, by resolution, the chore to hire or find -- to find counsel who could give us recommendations on how to proceed forward. Proceeding forward was not limited to whether we should or should not pay the Mayor's attorney, although that certainly is something we need to consider hut -- and forgive me, it's -- 1 use it as corporate governance. How does this Commission proceed forward with regard to all sorts of issues as a result of a sitting Commissioner suing a sitting Mayor? As we all know, the City Attorney has completely stepped out of this particular issue; will not answer any questions attendant to it; and has left us to find that counsel. Now, a word about how Richard Davis came to me. I listened to Commissioner Gort pretty carefully when he said I want to get the right advice. I don't want to get some advice; I want to get the right advice. There are very few corporate governance lawyers in the United States. There are lawyers that will claim that they can do corporate governance. There are lawyers who insinuate they can do corporate governance. But think about it, it's such a hyper technical issue that New York City probably would be the central capital for that, possibly Chicago, Illinois, possibly Washington, DC (District of Columbia). Richard Davis is a person not known to me. Matter of fact, Richard Davis is on the phone, and I could tell you, Mr. Quinon, anyone out in the public, I don't know him at all. Never met the man before. If 1 fell on his lap right now, it would be brand-new to me, which is also attractive to me and should be attractive to this Commission because, to some degree, all o f you are related to lawyers, what I call two degrees of separation. If we were to hire counsel from Miami, there would always he the insinuation, oh, is that Sarnoffs buddy; oh, does City of Miami Pane 170 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 that guy know Gort; Suarez's cousin used to work at that law firm. There's always some connection. Richard Davis has absolutely, as far as I can tell and in conversations with him, no connection to the City of Miami whatsoever. His background I provided to you. For -- as I always put, there's something in everything with Richard Davis because he is, 1 believe, the chairman of Legal Aid of New York. He has equally been placed on commissions by then -Mayor Giuliani. His corporate governance is extremely deep, which means, for instance, if -- let's just say, for instance, General Electric -- if a hoard of director were suing General Electric for a class action, should that board member continue to sit and approve issues, agendas, budgets for General Electric? These are the type of things that corporate governance lawyers get into. Now, Richard Davis is on the phone with this Commission right now. He is -- originally, he was charging $900 an hour, which should send shock waves through all of us here in Miami 'cause that's a lot of money. He brought it down to $700 an hour. I've asked him to talk to you and consider lowering it. But there's an old saving in law: It's not how much you get paid by the hour; it's what's the bill going to look like when you're all done. And Richard Davis is going to give you a quantity or an amount that he thinks this is going to cost and he's going to give us a range. And 1 think -- I've said enough that I'd like to hear. from Richard Davis, if you all would be so inclined. I think he's on the phone. Richard, can you hear me? Richard Davis (via teleconference): Yes, I can. Can you hear me? Chair Sarnoff: We can. It's all yours. Mr. Davis: Okay. Well, I appreciate the opportunity to speak to you and to be considered to provide counsel. I think -- as Chairman Sarnoff mentioned, I think, looking to me, the principle reasons were, one, he didn't know me was a plus, the experience of having governance. I also think -- because I've worked with and been in city government and federal government, and I'ni used to giving advice in difficult and public situations. So I think that, as he indicated, I've heen everything from -- I'm chairman of the Legal Aid Society, to having been appointed by Rudy Giuliani to be chairman of a commission that oversaw aspects of the New York City Police Department. In terms of what I think this would cost, first of all, you know, in discussing this with Chairman Sarnoff yesterday, I told him that I would reduce the hourly rate further to $650 an hour. But seconded, I thought that this would cost no more than 20 to $30,000, and indeed, under no circumstances will the City ofMiami he charged more than $30,000 for the basic work. 1 say the basic work. I mean, obviously, if, after 1 give my initial advice and certain follow-on, you want me to give additional things, we would discuss that. But, far- the advice you're looking for, it's not going to cost you any more than 30, and I would hope that it could be less. If you decide to, you know, approve then my appointment, I would immediately begin working. You know, I think I can, you know, work expeditiously and would look forward to the opportunity to serve you. Chair Sarnoff • Does anybody have any questions of Mr. Davis? No? The one thing 'want to make clear, we're not hiring Mr. Davis to tell us whether we should pay or not pay the Mayor's legal counsel. There's -- that may he a slice of the pizza, but there's a whole lot more to it than that. And since we're not corporate governance lawyers, and some of us aren't lawyers, we simply need advice on the issues that will face us going forward. And we don't have a City Attorney available to us. 1 think the, fee range between 20 and $30, 000 to get what 1 would characterize as probably one of the best corporate governance lawyers in the country, we're -- This is novel ground here. Even for the City of Miami, we've never crossed this Rubicon before, and this is a very big Rubicon to cross. And you have a sitting Mayor and a sitting Commissioner suing each other. We have the implications of whatever paragraph 23 indicates, because it does indicate the Mayor was acting in the course and scope of his employment and i-vas an agent on behalf of the City of Miami. And then the next sentence says, 1 believe, says but the Mayor is being sued in his personal capacity. I think we need advice. I think we need advice for everything that a corporate governance lawyer could tell us we can anticipate that we're going to see and how do we best proceed forward. I know, Mr. Quinon, if out there, if City of Miami Pane 171 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 want to say something. I read something in the record from the other side. If want to say something, please do. Mr. Quinon: Thank you. Jose Quinon. I just want to say that time has gone by. We have -- on behalf of the Mayor, we have waited. And there's going to come a point in time when things are going to move very, very expeditiously in federal court, as we all know. And I'm waiting to see what you all are going to decide concerning the payment of the fees. It is a very important issue to the Mayor at this point, and I think it's one that is separate from the issue of retainment of Mr. Davis. So I'm asking you, on behalf of the Mayor, to make up or to come to that decision as quickly as you can. Not only is there a statutory authority. far payment of fees, but actually there is a, squarely on point, Florida Supreme Court case that says that there is a common law right to the payment offees, in this case, for the Mayor. So I don't think that this is such a hot issue on the legal arena, whether or not the Mayor is deserving or is entitled to get paid for the fees. I think that issue can he decided. It's a discreet, separate issue from the one of other issues that, of course, Mr. Davis is much more qualified to guide you all on, which is what is exactly the potential liability of the City in a situation like this? And 1 think going down the road, there are other issues involved, and I won't get too much a feel on that, but that there's going to be some litigation that is going to bring up to the surface other issues that may further complicate this matter. I won't go any further into those things at this point. But in any event, I think it is a good idea to have guidance at this point by the -- for the Commission. And quite frankly, I did a little hit n_f research after learning who the Chairman in this case had tried to retain, and I -- as a lawyer, I mean, you can't be in better hands than Mr. Davis. 1 mean, the guy has a tremendous resume, tremendous experience in this area, and quite frankly, the Commission is in need of assistance and guidance in this situation. But again, going back to the Mayor, we need to have a decision made concerning the fees because I need to start working and we're waiting for you all. And I thought, quite frankly, that today was going to be that day when you all were going to take up the issue of the Mayor's attorney's fees. So I implore you, on behalf of the Mayor, to please come to grip with this issue and decide it as quickly as possible because, again, things are going to move quickly and I need to start working on the case. Chair Sarnoff: Thank you. Commissioner Suarez: Mr. Chair. Chair Sarnoff • Anybody have any questions? Okay. Commissioner Suarez: Sure. Just for him, no. Has the Mayor been served? Mr. Quinon: No, not yet. Commissioner Suarez: Okay. Thank you. Chair Sarnoff: Go ahead. Commissioner Suarez: I'll yield to Commissioner. Commissioner Carollo: I mean, I'm going to have more to say, but the one thing that I do want to point out with what Mr. Quinon has mentioned is that -- and as you all know, I am not an attorney. However, I do know that the courts are usually sensitive to unique circumstances. Therefore -- and I understand he represents his client and his client wants to move this as expeditiously as possible and know that he's going to get his attorney paid for, his legal -- hut the bottom line is, 1 also -- 1 represent the citizens of the City of Miami, so 1 need to make sure that decision is correct. And not being an attorney, I could tell you, the courts are usually sensitive to unique situations, and I believe this is a unique situation. So with that said, you know, I'll yield to Commissioner Suarez, but I needed to say that for the record. City of Miami Pane 172 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Commissioner Suarez: Thank you, Commissioner. Mr. Chair. Chair Sarnoff: You're recognized. Commissioner Suarez: Thank you. You know, it kind of dovetails a little bit off of what Commissioner Carollo said. We -- well, first of all, the way I understood our last Commission meeting, and I think I understood it correctly, but when you said corporate governance, you meant essentially someone to replace the City Attorney because the City Attorney had recused himself or herself and so we needed basically a substitute. I think in every matter of this -- like you said, this has definitely never happened before here; hopefully never happens again. But in every -- any matter that even closely resembles this, I personally have been very vocal on it and I've also leaned very heavily on the City Attorney, having said all that. And so I think this body does deserve representation. There are two of the four members that are not lawyers. Even as a lawyer, you know, I'm not -- I don't specialize in this area of the law, so I think we do deserve representation. The concern that 1 have, to be honest, is, as Commissioner Carollo mentioned, 1 represent a district in the City of Miami where my residents have absolutely no comprehension of what is going on here. I mean, they -- thinking about $700 an hour for an attorney. I mean, some people make $700 a month in my district. I mean, it's beyond the pale, you know, for them to think that we would hire an attorney -- and we are a fairly poor city. So you know, I -- you know, I did a little hit of background investigation. And we did entrust you with coming up with options. And 1 think one of the good things is since the Mayor hasn't been served, there isn't -- I'm sure Mr. Quinon will probably differ- with this, but there isn't a pressing need in terms of what work he has to do right away. You know, look, we looked -- I looked at all of the outside counsel firms that we currently employ, that we currently have relationships with, including the SEC (Securities and Exchange Commission) litigation, which is a litigation that has cost us close to $2 million. The highest -- the one we would pay the most to is $450. And so -- and I understand what your argument is, which is that, look -- you're more concerned about the aggregate costs versus the per hour fee. So I -- but I think there is a sensitivity here that, you know, our residents are -- first of all, they just don't understand what's going on here. And secondly, you know, the thought of paying someone an hourly rate that constitutes what many of them make on a monthly basis is just -- you know, it's beyond a comprehension. So, you know, I think we have work to do here. I cannot support paying someone $700 a month [sic]. I can't support paying someone $650 a month [sic]. When you average out the City Attorney's hourly rate, somewhere in the vicinity of $110 an hour. So we get a pretty good corporate, you know, governance per hour rate. And then, of course, all our outside counsel fees, none exceed $450. I am sensitive to your argument that hiring a local counsel, there seems to he some entanglement between any one of us and a relationship doing business, a friendship, or whatever, whatever that may he. So I'm -- I have some sensitivity to that. I kind ofget that argument. But I can't support a rate anywhere near that high. So 1 don't know what that means for Mr. Davis. You know, a lot of times people represent the City of Miami because they want to put that on their resume, you know, and they, you know, are obviously undercutting their own actual billable rates. They would never charge their own personal clients, their own private sector clients the rates that they charge the City, and I think there's a good reason for that. You're doing a public service. We're all here doing a public service. None of us here are making, to stand here on an hourly basis, what we probably could be making in our private sector jab. We're doing this because we care about our community, and we're doing this out of sacrifice to our own personal wealth, our own personal finances. So that's my basic position on this issue. Chair Sarnof f: Commissioner Gort. Vice Chair Gort: Not being an attorney, this is kind of difficult for me to understand, so you got to feel how the people out there feels about it. One of the things I wanted to do is, my understanding is, we want someone to come in here and let us know what we -- according to our City Charter, according to our legal rights, what should we do. I don't think the City is part -- City of Miami Pane 173 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 maybe the City might later on might be part of this. I don't know. I hope not. And it'd be a different time. I believe what we need is someone to come in here to let us know, as Commissioner, what are we allowed to do, what we can do that is correct and is legally done. Now 1 approach the League of City [sic]. They have a Florida League of Cities and the Miami -Dade County League of City [sic]. They have an organization or a committee of all the lawyers from all the municipalities. I've asked them -- we have agreements with other cities when it comes to police. They change police and fire, how to support each other. And I asked him if they were willing to maybe look at this and maybe come up with the -- someone from one of the other cities that have experience in City government and let us know, more or less, basically what we can do. Later on, if it's something even harder, that gets it more complicated, then well have to look at some other attorney. I mean, this is the way I look at it. I'm not an attorney, so this is my personal opinion. Chair Sarnof f: Yeah. Go ahead, Commissioner. Commissioner Carollo: Mr. Chair. And by the way, there are many aspects to this that I'm going to want to touch upon. But, you know, to a certain degree, I agree with Commissioner Gort. You know, I have thought of maybe, you know, retired judges, former County -- Commissioner Suarez: County attorneys. Commissioner Carollo: -- attorneys, City attorneys, you know, that have experience and now are retired and maybe can come, forward. It. just seems like something that our City Attorney can do, you know. And by the way, let me also say, you know, that I thank you for going out there finding such a -- Vice Chair Gort: Yeah. Commissioner Carollo: -- good attorney. And this has nothing to do with Mr. Davis. But at the same time, I -- you know, I -- I honestly thought that you would be bringing forward, you know, various attorneys or firms that could represent us. And I have to admit, yeah, I was sticker shock. I understand New York is a little different; that area is different from Miami. But still, I was very sticker shock. And again, you know, like I mentioned to Mr. Quinon and everybody, you know, 1 represent the citizens of the City of Miami. And I can tell you, $700 a month [sic], I have residents in my district that make less than $700 a month. With that said, you know, I want to explore whether they are, you know, former judges, retired judges, retired County attorneys that could help out, you know. And I want this to he a transparent, open, and competitive process. I mean, right here, even though, once again, you've chosen a very good attorney, at least from, you know, the documents that you've provided, there are no options. I'm placed in a position whether we choose Mr. Davis or we don't. So now 1 want to open it up to, you know, other possibilities. And to be honest with you, I understand corporate governance. I understand vicarious liability. But to what extent? I mean, is it -- it's pretty much what he's going to interpret Chapter 23 and see if, you know, the Mayor's being sued in his official capacity or as an individual? Where exactly -- you know, when you say corporate governance, what exactly, you know, is he going to have that other attorneys do not have, like a former retired County or City attorney? Chair Sarnoff.' Well, I actually thought about the former -- everybody's thinking of Murray Greenberg, and then I looked at all -- everybody's connections to Murray Greenberg. Commissioner Suarez: No connections. Chair Sarnoff • Well, no, there are connections. Everybody here has some connection to Murray Greenberg. But who's to say that Murray Greenberg has ever crossed the Rubicon of this County [sic] Mayor being sued by a sitting County [sic] Commissioner? Those are Rubicons -- your -- City of Miami Pane 174 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 what do they -- I know they call these one-off lawsuits, Mr. Quinon, or they call these -- I think they call them sportive lawsuits, which is, this is the only time you'll ever see this. But there are attorneys who have seen this in the past. And Commissioner Gort, it's interesting to say, well, let's get the less expensive lawyer. And if we need the more expensive lawyer, we'll hire him later. You'll never have that opportunity. And I can tell you this: whoever we hire locally or even whoever we hire in the South Florida region or whoever we hire in the state of Florida will have significant legal research to get up to speed that Mr. Davis has through his experience as a U.S. Attorney, as a Watergate special prosecution prosecutor, as Assistant Secretary of the Treasury; in his representation of New York state, in his representation of New Ynrk City, in his representation of the bureau of Brooklyn. He has done this before. That body of knowledge is -- You know, Commissioner- Suarez, you said, I understand that it's going to he 20 to $30,000 and I like that, but I don't like the hourly rate. You might get a lawyer 400 to 350 for $300 an hour. That lawyer will spend 20, 30 hours getting up to speed on corporate governance, then that lawyer will do the analysis necessary to do that and he will not have the experience, other than what he read to give us an opinion. I can tell you this: there are so many permutations and so many issues out there that we will face that you're going to want to get on a phone or you're going to have -- want to have a blueprint to go forward with, which we're going to get advice. Like any principal in this world, lawyers love when you don't take the advice 'cause they're not held responsible. But we're going to get advice. We're either going to take that advice, we're going to modify that advice, or we're not going to accept that advice. But it's going to he on the record as to what a well -skilled' highly specialized lawyer is telling us his hest advice to do. And there will never be an opportunity to make a left turn or a right turn an this road to turn around and say, well, let's get the more expensive lawyer now because I'm not sure of that advice. You know, it's the old saying, you get what you paid for. That's a true statement. And you certainly -- I think you owe it to the citizens of Miami to get the proper advice on something as profound as this and not to take advice from somebody who has never done this before. Commissioner Suarez: Mr. Chair, if 1 may? Chair Sarnoff' You're recognized. Commissioner Suarez: Thank you. I don't know what connections I have with Mr. Greenberg, other than I know one time he represented the City in a lawsuit which was -- I'm not sure if he was actually retained as counsel or he just came in as an advisor, came in in an advisory role, which is actually interesting because, my guess is, he might actually even do this for free, but you know -- Mr. Greenberg is a expert municipal attorney. I mean, he was a county attorney for several decades. And in that case, I remember specifically, you know, talking about -- it was actually a former City attorney, and that's why the City Attorney, I think, couldn't -- was also disqualified or -- not disqualified. I guess had to also recuse herself from advising us on that issue. And he gave good advice. 1 mean, and -- you know, we ended up taking a very hard stance and it ended up being the right stance and we prevailed in that case. It's an option. I don't know -- you know, I think the other thing is too is this is Florida law and so, you know, it's a New York lawyer. I don't know what kind of experience he has in Florida law. I don't know how -- if he understands Florida law, if he's even licensed to practice in Florida. I have -- you know, I don't know. So, you know, I think having someone that has -- I think that's a good suggestion. 1 don't know. 1 don't know if anyone's contacted him or if he would be willing to represent the City. Chair Sarnoff: Well, here's the problem with Murray Greenberg. He's retained me before. Commissioner Suarez: He has -- Chair Sarnoff • Murray Greenberg has retained me to workfor him before. So right away, it will have an appearance that will not look good to this community, and that's why I stayed away from it. I mean, you've been a lawyer for X'years. City of Miami Pane 175 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 Commissioner Suarez: Eight. Chair Sarnoff: I've been a lawyer far 26 years. Very few lawyers don't know me or are not one degree of separation away,from me. And in all due respect, your, father has been a lawyer a very long time and he's going to have that same issue. And I think you're a little bit tied to the District 7 Commissioner to some degree. Well, I'm just giving an appearance -- Commissioner Suarez: Right. Chair Sarnoff • -- suggestion. I -- you know, here's what it comes down to. We know what the best looks like. We know what the best is. Anything we do not right now is a photocopy of the best. Keep photocopying it -- and the original and, inevitably, you won't be able to read it. This is my best judgments of who to hire. If he's willing to lower his hourly rate for appearances -- because what really matters is the hill that's rendered the end (tithe day, not the hours it took to render that bill. But 1 understand the appearance. Mr. Davis, would you be willing to lower your hourly rate to $450 an hour? Mr. Davis: Excuse me. To four -- yeah. The other way to do it is to do it without any rate and just say, you know, for the defined assignment, the hill will he no -- will he 20 or $25,000, period. Chair Sarnoff • Flat rate. Commissioner Suarez: Flat fee. Chair Sarnoff: Flat fee. Are you willing to do this on a flat fee? Mr. Davis: That's what I'm saying, is to just do a flat fee, you know. Or I'll even do better or worse, that's fine. I mean, 'cause I was going to cap it anyway. We could do, you know, 25,000 as a flat fee, or you know, we'll define, you know, the work in some way that's sensible for everybody and it's a flat fee and there's no hourly rate. Chair Sarnoff: Okay. Well, the last thing 1 want to comment on is they're in federal court. Who's your -- I know your judge has recused him -- well, I think a couple of judges have recused themselves. Who's your judge now, Mr. Quit -ion? Don't know. You -- there's a 90-day rule in federal -- I don't want to -- I'rn trying not to use any knowledge I have. Mr. Quinon is right; whether he's served or not, time is running, because there are rules in federal court for times of service of process that he has to actually affirmatively take action. I think we need to hire counsel who's going to make a number of recommendations to us and that includes how, if, - when, what shape, the Mayor should not be reimbursed, compensated, paid for his attorney's fees. That's just one issue. How we move forward as a Commission is a totally separate issue. But you now have a $25,000 flat rate in front of you. I -- you know, I'd like to put this on the next Commission agenda. I think it could he voted on today, but I'm not looking to create a procedural issue far anyone because it was on a non -agenda item and I don't want to create an issue that doesn't exist. What's the pleasure of this Commission? Commissioner Suarez: My pleasure is to see a proposal from him as to what he proposes to do. Chair Sarnoff: All right. What is --? Commissioner Suarez: 1 mean, 1 don't understand what the question is. Commissioner Carollo: Mr. Chairman City of Miami Pane 176 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 Chair Sarnoff: You're recognized. Commissioner Carollo: And -- Commissioner Suarez: I mean, maybe he wants more options and maybe someone else wants something local. I don't know. Commissioner Carollo: You know, I, for one, you know, would like, you know, to see what options we have. I'm -- like I said, there is -- I could start anywhere in this 'cause there's a whole bunch of issues I have, starting with why is it a non -agenda item. 1 have never heard of a non -agenda item. This is something new to me. So starting with that, there's a whole bunch of issues. I mean, I'm assuming that the letter from the attorney from [sic] Michelle Spence -Jones -- And believe me, I'm no one to tell you what to do and what not to do, but when they're addressing that you may have a conflict, you feel that you don't or you're maintaining your position and you're going to move forward. And again, I'm no one to tell you what to do or what not to do. So there's issues all over the place with this. And yes, at the very least, 1 thought -- 1 honestly thought that there was going to be more options an the table, and even some that we spoke about today. You know, retired judges. Whether -- or retired, you know, County or former City attorneys -- whether it's Mr. Ginsberg [sic] or someone else. I mean, this state is rather large. I paean, I haven't looked or I don't know if anyone's looked up in Jacksonville or Central Florida or Tampa. You know, this state is rather large. So I just thought that there was going to be more options on the table. And again, this is nothing against Mr. Davis. Because, you know, from, you know, the documentation you provided, he -- you know, he's a very well -- Commissioner Suarez: He's clearly qualified. Commissioner Carollo: -- he's an outstanding attorney. Chair Sarnoff • So what I will do, Commissioners, I will now retain my own attorney to give me advice, and I will he providing -- I'll be asking you to pay for my attorney's fees since the City Attorney can no longer give me advice. So just you understand, we're going to do this the right way. So I now need to be relieved of the obligation of looking for that counsel and it should fall on one of you. Commissioner Suarez: Fun times. Look, I have no problem taking on that function and that role. And so if you're not -- if you're going to recuse yourself then from that process, then -- speaking to the other two Commissioners who are still here, we thankfully still have a quorum to make the decision. So -- Vice Chair Gort: Let me give you a suggestion. Commissioner Suarez: Yes, please. That's what I was about to ask. Vice Chair Gort: Mr. Davis is willing to have a flat fee, and I think we need for hind to -- if he can send us a -- and I think he's very qualified. It can sends your documents of the flat fee. This is what I'm proposed to be doing for this flatfee. And then if anybody else wants to bring up some -- open it -- anyone else that can bring -- want to bring out -- I don't know what the procedure we'll have to use. Commissioner Suarez: Right. Vice Chair Gort: An RFP (Request for Proposals), a letter of intent, whatever you guys decide. I'm not an attorney, so for me -- Commissioner Suarez: 1 don't -- City of Miami Pane 177 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 Vice Chair Gort: -- it's very difficult to deal with this. Commissioner Suarez: -- think you can do an RFP far attorneys. Vice Chair Gort: Not an RFP, but whatever the -- Commissioner Suarez: Right. Vice Chair Gort: -- procedure you use as an attorney. 'Cause in the past, we always had our own attorneys looking for the other attorney. Commissioner Suarez: Right. Vice Chair Gort: So we can't -- yes. Commissioner Suarez: Right. Go ahead, Commissioner. Commissioner Carollo: You know, is there -- is it possible to do some type of invitation to bid or something like that? Commissioner Suarez: 1f it is, I have no problem. doing that. Commissioner Carollo: I mean, you know -- Commissioner Suarez: I just don't know how much time we have. That's the other thing, you know. I mean, this is a time -sensitive process. Vice Chair Gort: Got to be for the next Commission meeting. Chair Sarnoff: You guys are not hiring a plumber; you're hiring a lawyer. Commissioner Suarez: Right. Thank you far that clarification. Okay. So would you like me to take on that task? It's not something that I would like to do, but if you want me to do it, I'm. not going to, you know, shrink from it. Commissioner Carollo: Well, Commissioner Sarnoff in all fairness, the reason why, you know, I would yield to you is because you have more expertise in that area, because you are an attorney. Commissioner Suarez: Right. Commissioner Carollo: So, you know, having a legal background, you know, that's why you -- normally, I would yield. Usually, financial matters, you all yield to roe. So in something like this, you know, I would yield more to you because you are an attorney. But with that said, I think, you know, we're expressing, you know, possibly other options, at least I am. And, no, I understand we're not hiring a plumber. But at the same time, you know, Mr. Ginsberg [sic] or maybe someone who's retired is watching this on TV (Television) and say, you know what, I could do this pro bono, or you know what, maybe there are firms that watch -- actually watch Commission meetings and, you know, do have an interest in representing the City. Yes, for a cost, but not $700 an hour. Commissioner Suarez: Right. Commissioner Carollo: So you know, I -- City of Miami Pane 178 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 Vice Chair Gort: I have a question. Not being an attorney, are we doing right now -- in the procedure that we're following right now, is it legal? That's why we wanted someone here to let us know if we're proceeding legally. Commissioner Suarez: Right. Vice Chair Gort: Are we proceeding according to City Charter? Commissioner Suarez: Well, I think to decide on whether or not we need to have -- we have -- okay, here's the status of where we're at. We have a City Attorney. Our City Attorney has recused herself from this situation, so we don't have any legal advice on the matters that we decide, okay. So in that sense, we are kind of on our own. I think we have a dual obligation. Obviously, we want the hest representation possible, but we also represent the citizens of our City and we want to make sure that we do that in a very careful way. So lithe remaining Commissioners that are here would like for me to go out there and look ffir possibly retired judges, possibly retired County attorneys, and with an emphasis on doing it for the least amount possible, even if potentially pro bono, if they're willing to do it on a pro bono basis, I have no problem with that. You know, I71 go out there and I71 talk to the people who are in the legal community. I'm sure they'll -- some of them will come forward. Vice Chair Gort: Let me tell you -- Commissioner Suarez: And I'll bring you multiple options and then well decide. Vice Chair Gort: -- what I would like to see, and that's why I stated it the way I stated it before. Have someone to let us know if we're doing the right thing, if we're proceeding the correct thing. If it gets more complicated, something else to he followed up, then give us the guidance what we can do if we can hire someone else. 1 mean, someone -- 1 want someone to tell me here what are we doing. Julie O. Bru (City Attorney): Commissioner Gort -- Kenneth Robertson (Director, Purchasing): Mr. Chairman. Ms. Bru: -- I have not totally removed myself from everything. I have removed myself from any decision or advice that would be -- appear to be tainted, because I do have a conflict under the Florida Bar rules. I have a member of this municipal corporation that I have a special relationship with, as I have a special relationship with each of you, who is then suing another member o f the government with whom I also have a special relationship with, the Mayor. So I cannot give advice to the board, of which this litigant is a member, or to the Mayor. But I can tell you that under the City Charter and the City Code, it is the City Attorney who controls, supervises; any attorney that the City hires or retains in whatever capacity. However, I have to construe that mandate within the legal requirements that I have to abide by as a member of the Florida Bar. So ifI have a conflict, I have to then abstain from being involved in the selection, the control of an attorney 'cause there could he an appearance that I'm trying to favor one side or the other. However, I do -- 1 did advise you that there are ways to handle this. We do this every day. Myself and my staff does this every day. Advise as to whether or not an employee or an official is entitled to legal representation, we do that every day. Advise as to whether there's a voting conflict, we do that every day. Advise as to whether or not there could be indemnity as a result of a judgment entered against an individual employee or an official, we do that every day. Like me, there are hundreds o f other attorneys in the state of Florida. There are at least 800 municipalities that 1 know of that have these kinds of issues. These are issues that require construction of a Florida statute, our Charter., and perhaps the common law of the state of Florida. You are, I think, well advised, you know, to rely on the -- on a selection made by one of your members, who is an experienced attorney. You know, I have no doubt that the attorney City of Miami Pane 179 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 that's being presented has the qualifications. Also, as suggested by Commissioner Suarez, we have the Florida League of Cities, the Florida Municipal Association of Lawyers. We have IMLA (International Municipal Lawyers Association), which is a national association of municipal attorneys. So there are attorneys that specialize in advising the governance of municipal corporations, which is what you're looking for, as identified by Commissioner Sarnoff. And I can give you a list of organizations. You can put -- you know, you can work in conjunction with your -- maybe your HR (Human Resources) Department to put out a notice soliciting anybody who would want to present their resume or a proposal. But what you're doing is appropriate. Tice Chair Gort: Okay. Ms. Bru: Because I concur that I cannot he involved in advising you on this matter. I concur that you need advice on this matter. And I think the process that Commissioner Sarnoff employed is appropriate, as would he any other process as like the one suggested by Commissioner Suarez. Commissioner Carollo: Mr. Chairman, and -- Chair Sarnoff: You're recognized. Commissioner Carollo: And what the City Attorney just mentioned, it's more in line with what 1 am seeing. I don't know if ive need such a specialized attorney. And again, you know, saying that, you know, he may be very good, but I don't know if we need such a specialized attorney. I don't know if we could just -- Chair Sarnoff: Just sitting here, Commissioner, I brought up three more conflicts, just sitting here. And before anybody undertakes to do any further research, consider potential conflicts of interest down the road. It -- you are -- ire are walking in a mine field, period. I mean, I now need to get counsel. I think I know the answer to the question 'cause I know what a conflict of interest is with regard to the City Attornev's advice before. I want to confirm that with a lawyer, get a written -- at least a written opinion to nie to know that I can proceed forward. I somewhat disagree that -- I'd like to know -- and I -- I'm going to ask far this research, and I think it's something the City Attorney can do. How many times in the United States has a Commissioner sued a sitting Mayor? Ms. Bru: Commissioner, you know, the Seminole case in the state of Florida that deals with when an elected official or an employee is entitled to attorne 's fees, Thornburg, I think involved a situation where there was dispute amongst member (tithe council themselves. So it does happen, Commissioner. 1 mean, I can give you memos of law that we've done. I can give you research. But believe me, Miami is not the only city where council members have engaged in internal disputes within the council family. Chair Sarnoff: But, Ms. Bru, there's a difference between commissions and councils because of the power n f a commissioner versus the power girl councilman. Ms. Bru: J'm sorry, but council is used interchangeably with commission and boards. Chair Sarnoff: It isn't, because council ordinarily means a strong mayor form of government. We don't have a strong mayor form of government. And that's why I just preface by saying, you know, three Commissioners, without a veto, control the City in a lot of respects. And in a council ,form of government, that's not so apparent. Mr. Robertson: Mr. Chairman, one minute, please? City of Miami Pane 180 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 Chair Sarnoff You're recognized. Mr. Robertson: Goad afternoon. Kenneth Robertson, Purchasing director. From a procurement perspective, 1 would just like to communicate to the Commission that the procurement of legal services is specifically excluded from our procurement code, per Section 1872. So you may feel free to select the attorney of your choice. Thank you. Chair Sarnoff Thank you. Commissioner Suarez: Thank you. Ana Maria Pando: Chairman Sarnoff, can I be recognized forjust one moment? Chair Sarnofl Sure. Ms. Panda: My name is Ana Maria Pando. I'm a former county courtjudge and an assistant city -- prior assistant City attorney for about ten years. And all I have to say is that it's great to see you all. Thank you for recognizing me. And it's great to he back home. And I just wanted to say, Mr. Sarnojf; that I cannot do it on a pro bono basis, but we certainly can provide -- I can certainly provide services to the City in my new law firm that I'm at jar $300 an hour. I was authorized to say that. So I'm here to let you know that I have the experience. When I was with the City, 1 handled these issues on a daily basis. And as a retired judge -- I was a judge for 12 years -- I certainly have the necessary litigation experience. And in terms of love,fbr the City, it will -- I will he representing the City like if it were a family member, because that was just the type of lawyer I was. So thank you jar the opportunity. Chair Sarnaff: Thank you, judge. Vice Chair Gort: So my understanding, what Ion hear is, you -- Commissioner Suarez, you can perform. Commissioner Suarez: All right, so -- I mean, if there's no other option, what I'll do is, between now and the next Commission meeting try to find, what, no less than three, no more than five? Commissioner Carona: Or see what -- Commissioner Suarez: Including Mr. Davis. Commissioner Carollo: Yeah. And see what's out there. I mean -- Commissioner Suarez: Right. Commissioner Carollo: -- I definitely want to see the proposal from Mr. Davis -- Commissioner Suarez: Yeah, yeah. Commissioner Carollo: -- and I want to compare it to others because, you know, something that Commissioner Sarnoff mentioned, yeah, it could be $300 an hour, but at the end of the day -- Commissioner Suarez: Right. Commissioner Carollo: -- it'll end up -- Commissioner Suarez: What's the tab? City of Miami Pane 181 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Commissioner Carollo: -- being 50,000. So 'would like $300 an hour at a cap of `X" amount. Commissioner Suarez: Right, right. Commissioner Carollo: You understand? Commissioner Suarez: Or even compare apples and apples. Just have flat fee proposals instead of doing -- Chair Sarnofj: And then we pick the lowest one. Commissioner Suarez: No, I don't think we necessarily are bound by picking the lowest one. I think we have the ability to compare flat fee proposals and say, you know -- Vice Chair Gort: Experience and knowledge. Commissioner Suarez: Right. We have to weigh everything and then make the decision we think is the best for the citizens of the City. Commissioner Carollo: But there's options. There's competition. Commissioner Suarez: But we're also comparing apples to apples instead of -- Chair Sarnoff. I think it's imperative that we vote at the next Commission meeting. Commissioner Suarez: I have no problem with that. Yeah. Chair Sarnoff: 'Cause 1 think in federal court, it's just not -- it's going to move at somewhat rapid pace. I think the Mayor's entitled to know -- and remember, just because we hire them at that -- next Commission meeting -- Commissioner Suarez: Right. Chair Sarnoff: -- could be 30 days before they have their opinion. Commissioner Suarez: Agreed. Chair Sarnof f: And then you have Mr. Quinon, you have the Mayor -- Commissioner Suarez: 1 agree. Chair Sarnoff.' -- influx -- Commissioner Suarez: I agree. Chair Sarnoff: -- to put it best. Commissioner Suarez: I agree. Chair Sarnof f: All right, so -- Commissioner Suarez: Wait, wait, wait. Commissioner Carollo: Mr. Chairman, and should any attorneys contact us, what should be the process? Have them send their resumes and --? City of Miami Pane 182 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 Commissioner Suarez: Yeah. I would say send the resume and a written proposal, which will he a flat fee proposal, and the scope of work will he your -- in essence, giving us advice on all the matters relating to this litigation as if you were the City Attorney for the City of Miami in that capacity. Commissioner Carollo: And you'll be bringing all the proposals to the next Commission meeting? Commissioner Suarez: Yes. Commissioner Carollo: Thank you. Chair Sarnoff: And Madam City Attorney, I'd like to establish, can you represent me and give me advice as to the section where it's read that I could potentially -- well, I don't think they said potentially --1 will be a material witness? Can I sit here and vote on this issue? Ms. Bru: Commissioner Sarnoff, I think that's something that you, as an attorney, will have to decide what it was that you -- I mean, only you know what you were involved in. And I think that you can always contact the Florida Bar and request an opinion from them. Chair Sarnoff: Well, 1 think 1 know what I was involved in too, so I was a little surprised to hear that I'm involved in anything. But having said that, there's an allegation, and I'm asking you, as my attorney, until you declare a conflict, can I sit here and vote? Ms. Bru: Again, I would think that if know that you have nothing to worry about in terms of implications in this lawsuit -- If you feel that the testimony that is alleged that you're going to give is material enough, significant enough where you feel uncomfortable being involved, then perhaps you can reach out to the Florida Bar and ask, for an opinion on whether or not you have a conflict. Chair Sarnoff And just so the record is clear, by you suggesting there's anything, I'm suggesting this is all news to me and there's nothing. Ms. Bru: Right. Therefore, then I don't believe that you have a conflict if it -- if this is just simply something that -- Chair Sarnoff You can or cannot give me advice? Ms. Bru: Well, you know, if -- we could all be witnesses at any time in this case, all of us, any one of us. That doesn't mean that you have a conflict just because you're a witness in the case. Chair Sarnoff: And that's something I wanted to hear. Ms. Bru: Yes. And as a matter of fact, I think the press has incorrectly reported that I recused myself because there is reference to my being a participant in certain events or a witness to certain events. That's not the reason why I have removed myself from participating in any advice to this Commission. So no, you don't have a conflict simply because you may be a witness in the case. Chair Sarnoff: That's what I needed to hear from my lawyer. Ms. Bru: Well, again, you always have the Florida Bar that you can rely on too as a member of the Bar. City of Miami Pane 183 Printed on 2/12/2013 City Commission Meeting Minutes January 10, 2013 NA.3 13-00052 Commissioner Carollo: Mr. Chairman. Chair Sarnaff: You're recognized. Commissioner Carona: And speaking with regards to Florida Bar, we will be also looking for attorneys outside of South Florida, 'cause I know Commissioner Sarnoff -- Chairman Sarnoff, you know, did a good point that, you know, I don't want any perception that any of the attorneys know me and stuff like that, so I -- Commissioner Suarez: 1 think that's a great point. Commissioner Carollo: Hopefully, it could he, you know, statewide. So it could be, you know, maybe from Tampa, Jacksonville, you know, taking nothing away from any attorneys from here or former, you know, council or -- City or County councils from here, but I want to make sure that, you know, there -- everything that's been addressed here is also taken into consideration. Commissioner Suarez: I'll do the hest that I can in two weeks. You know, I will do the best -- the very best that I can. Now I'm in your position where you were two weeks ago, so I can only imagine how much fun that's going to be, and I'm saving that facetiously, by the way. So I'll do the very hest that I can. I'll try to, you know, reach out to people in multiple jurisdictions, and you know, use all the resources that were suggested and see if -- at the end of the day, it's up to this body to decide. Commissioner Carollo: Right. Commissioner Suarez: So we may end up with Mr. Davis after it's all said and done or we niay end up with someone else. We'll have multiple options and we'll go forward hopefully and then we'll make the next decision and, you know, go through this process as it comes to us. Chair Sarnoff. All right. So -- Vice Chair Gort: Mr. Chairman, I thank you very much. And Mr. Davis, thank you far being on the phone. Chair Sarnoff • Thank you, Mr. Davis, for being on the phone with us. And I think they're anticipating getting a letter from you for a flat rate. You still there? Mr. Davis: Yes. We could talk about it offline, exactly what you want me to -- you know, in terms cf how you want me to describe it. I'll he happy to -- whatever you think is appropriate. Chair Sarnoff • Okay. And then send that letter, if you would, to Commissioner Suarez. All right, so we will stand in recess -- I'm going to give you guys three hours -- till 12:30. I'm sorry, 3:30. Excuse me, 3:30. DISCUSSION ITEM FLORIDA GOVERNOR RICK SCOTT CONGRATULATED THE CITY OF MIAMI COMMISSION ON MAINTAINING A GREAT CITY. DISCUSSED Chair Sarnoff: All right, Mr. Mayor, you're recognized jar the record. Mayor Tamils Regalado: Thank you, Mr. Chairman, Vice Chairman, Commissioners. It's an honor to introduce the governor of the great state of Florida, Governor Rick Scott. He's visiting City of Miami Pane 184 Printed nn 2/12/2013 City Commission Meeting Minutes January 10, 2013 ADJOURNMENT Miami. Although he's in a tight schedule, he wanted to come and say hello to the residents and to the City Commission. Chair Sarnaff: Thank you. Governor Rick Scott: It's a real honor to he here today. I just came by to see the Mayor. Y'all are doing a great job. I've traveled. I've done seven trade delegations now around the world. The first place they want to come to is Miami. Everybody wants to visit Miami. So congratulations on what you're doing. You got a great city. You've kept your crime rate low, jobs are coming back, housing's coining back. So I just wanted to congratulate you on everything you're doing, and have a great 2013. Have a great day. Bye-bye Chair Sarnoff: Thanks, Governor. Governor Scott: All right, see you. Applause. Chair Sarnoff: I was concerned. I thought Commissioner Carollo was bringing him up for Ultra. I feel better now. Commissioner Carollo: You didn't receive his e-mail (electronic)? Chair Sarnoff.: I guess I -- Commissioner Carollo: You received everyone else's e-mail. Vice Chair Gort: I didn't get any. Chair Sarnoff.: There you go. The meeting adjourned at 8:26p.m. City of Miami Pane 185 Printed on 2/12/2013