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HomeMy WebLinkAboutCC 2013-02-14 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 1! Tf1 1s 6„. � ti r• t Meeting Minutes Thursday, February 14, 2013 9:00 AM REGULAR City Hall Commission Chambers City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chair Wifredo (Willy) Gort, Vice Chair Frank Carollo, Commissioner District Three Francis Suarez, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Johnny Martinez, P.E., City Manager Julie O. Bru, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes February 14, 2013 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM - APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PH - PUBLIC HEARING FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City of Miami Page 2 Primed on 3/11/2013 City Commission Meeting Minutes February 14, 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 14th day of February 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 9:12 a.rn., recessed at 12:16 p.m., reconvened at 3:04 p.m., and adjourned at 7:01p.m. Note for the Record: Commissioner Carolla entered the Commission chambers at 9:21 a.m. ALSO PRESENT. - Julie O. Bru, City Attorney Alice Bravo, Acting City Manager Todd B. Hannon, City Clerk Chair Sarnoff. I want to welcome everybody to the February 14, 2013 meeting of the City of Miami Commission in these historic chambers. The members of the City Commission are Wifredo Gort, Vice Chair, Frank Carollo, Michelle Spence -Jones, Francis Suarez, and myself, Marc David Sarnoff, the Chairman. Also on the dais are Alice Bravo, the City Manager, Julie O. Bru, the City Attorney, Todd Hannon, the City Clerk. The meeting will be opened with a prayer by Commissioner Suarez and the pledge of allegiance by Commissioner Spence -Jones. Commissioner Suarez: Thank you, Mr. Chairman. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 12-01453 PRESENTATION Honoree Pastoral Breakfast Sponsors Pastor Mack Liberty City Trust Clear Health Alliance WMBM Nat Moore Flagami NET Office John Hopkins Mycle Brandy Presenter Protocol Item Commissioner Spence -Jones Commissioner Spence -Jones Vice Chair Gort Chair Sarnoff Mayor Regalado Certificates Living Legend Cert. Certificate of Appreciation Outstanding Service Proclamation City of Miami Page 3 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Mardi Gras Chair Sarnoff 12-01453 Protocol Item.pdf PRESENTED 1) Commissioner Spence -Jones presented Special Certificates of Appreciation to Pastor Jeffrey L. Mack, Clear Health Alliance, Liberty City Trust, and WMBM, for their wonderful commitment to civic responsibility and communal welfare as a neighborhood partner whose service is a source of inspiration through their support of the 2013 Pastoral Breakfast with Earvin Magic Johnson and Clear Health Alliance, which addressed the devastating impact of HIV/AIDS on the African American community. 2) Commissioner Spence -Jones honored Nat Moore through the Living Legends Special Tribute, recognizing his outstanding service, goodwill and commitment to excellence as an NFL Man of the Year'and an exemplary athlete on the 1999 Miami Dolphins Honor Roll; further recognizing his role as a Special Favorite Son who returned to his community and worked in service to its people by creating the Nat Moore Foundation to support disadvantaged Miami -Dade youth and modeled genuine leadership in the development of the spirit of community in Miami. 3) Vice Chair Gort presented a Certificate of Appreciation to the staff of the Flagami NET (Neighborhood Enhancement Team) Administration Office for their dedication to improving the lifestyle of our citizens through their critical assistance with the overall coordination of the needs of residents and businesses in the Flagami neighborhood; further recognizing their valuable contributions in establishing a wellspring of goodwill for the people of Miami. 4) Chair Sarnoff paid tribute to John Hopkins for Outstanding Service as Co -Founder of the Green Mobility Network, honoring his exemplary record of public service and whose collaborative advocacy to improve facilities for bicycling in Greater Miami served as a platform for cyclists, runners and walkers to articulate concerns about access and safety in a Green environment; further recognizing him as an inspiring example of good citizenship. 5) Mayor Regalado and the City Commission saluted the work of Mycle Brandy, a 4-time stroke survivor who is walking across the United States to inspire stroke survivors to maintain their recovery exercises and promoting good health for everyone; further recognizing his outstanding fortitude, resilience and perseverance as he completes the nearly 2000-mile Walk Across America" from Maine to Miami. 6) Chair Sarnoff presented the City Commission with colorful beads in celebration of the Mardi Gras tradition in New Orleans. Chair Sarnoff: We will now make the presentations and proclamations. Presentations made. Later... Chair Sarnoff: Mr. Mayor, I think you have an item, don't you? You want to -- I'll recognize you for the record. Presentation made. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Carollo, seconded by Commissioner Suarez, to APPROVE PASSED by the following vote. City of Miami Page 4 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Votes: Ayes: 3 - Commissioner(s) Sarnoff, Carollo and Suarez Absent: 2 - Commissioner(s) Gort and Spence -Jones MAYORAL VETOES Chair Sarnoff: Just to pick up on some housecleaning issues. We need to approve the minutes from the last Commission meeting. Do I have a motion? Todd Hannon (Assistant City Clerk): Chair. Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Sarnoff: We have a motion by Commissioner Carollo, second by Commissioner Suarez. Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Mr. Hannon: And, Chair, for the record, that's for the January 10 Miami City Commission meeting. Chair Sarnoff: Of course, that's what we all thought we were voting on, but thank you for clarifying. END OF APPROVING MINUTES NO MAYORAL VETOES Chair Sarnoff All right, Mr. Clerk, are there any mayoral vetoes? Todd Hannon (City Clerk): Chair, there are -- Chair Sarnoff: What, the King Cake? I don't know. Is there a drink with the King Cake? I got to admit, I always had milk with my King Cake. Vice Chair Gort: (UNINTELLIGIBLE). Chair Sarnoff: Oh, probably, you're thinking of a hurricane? Vice Chair Gort: Probably. Chair Sarnoff: Probably the hurricane. ORDER OF THE DAY Chair Sarnof f: All right, and well get started with the meeting. So 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 Mr. Chair, members of the Commission, Mr. Mayor, Madam City Manager, and Mr. City Clerk. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the code section about lobbyists is available in the City Clerk's office. The material for each item on the agenda is availahle during business hours at the City Clerk's office and online at ww.miamigov.com [sic]. Anyone wishing to appeal any decision made by the City Commission for any matter City of Miami Page 5 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 considered at this meeting may need a verbatim record. No cell phones or other noise -making devices. Please silence those now. Any person making offensive remarks or who becomes unruly in the Commission chambers will he barred from further attending meetings. And any person with a disability requiring auxiliary aids and services for this meeting may notify the City Clerk. And the Chair will have announcements as to certain items that have been setfor a special time. Chair Sarnoff: Okay. Last announcement: We have King Cake in the back Ibr anybody who'd like some King Cake. I'll make sure that if you make your orders now, you'll have it. Unfortunately, Will Plasencia already found the -- what is it, the baby? -- the hahy. So I just want to show you all that the baby's right here, but we're going to give it to Commissioner Carollo for his daughter. Commissioner Carollo: Thank you. Later... Chair Sarnoff • All right, does the Administration wish to defer or continue any items? Alice Bravo (Assistant City Manager/Chief of Infrastructure): Yes, Chairman. Good morning. The Administration would like to defer item RE.3, special masters, to the February 28 meeting, and we would also like to request deferral of DI.2, alcoholic beverages ordinance, also to the February 28 meeting. Chair Sarnoff.' All right, is there a motion? Commissioner Spence -Jones: So moved. Chair Sarnaff: We have a motion and a second. Any discussion? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnoff: Is any -- do any Commissioners wish to defer, change any item? Okay. City of Miami Page 6 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 CONSENT AGENDA CA.1 RESOLUTION 13-00004 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING ALONG WITH A COST REIMBURSEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH THE FEDERAL BUREAU OF INVESTIGATION FOR THE CITY OF MIAMI POLICE DEPARTMENTS CONTINUED PARTICIPATION IN COMBATING CARGO THEFT, HIGH VALUE ART THEFT, AND HIGH VALUE JEWELRY THEFT. 13-00004 Summary Form.pdf 13-00004 Letter - U.S. Department of Justice.pdf 13-00004 Legislation.pdf 13-00004 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Samar, Carollo, Suarez and Spence -Jones R-13-0047 CA.2 RESOLUTION 13-00023 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A SPECIAL REVENUE PROJECT ENTITLED: "2012-2013 UNITED STATES MARSHALS SERVICE," CONSISTING OF REIMBURSEMENT FUNDS, IN THE AMOUNT NOT TO EXCEED $90,000, FOR OVERTIME WORK PROVIDED BY MEMBERS OF THE CITY OF MIAMI ("CITY") POLICE DEPARTMENT FELONY APPREHENSION TEAM ASSIGNED TO ASSIST THE UNITED STATES MARSHALS SERVICE PURSUANT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE MARSHALS SERVICE AND THE CITY POLICE DEPARTMENT FOR FISCAL YEAR 2013; AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID REIMBURSEMENT FUNDS. 13-00023 Summary Form.pdf 13-00023 Form USM-607 - Obligation Document.pdf 13-00023 Existing Overtime Reimbursement Agrmt.pdf 13-00023 Legislation.pdf CA.3 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0048 RESOLUTION City nfMiami Page 7 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 13-00060 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS General Services RECEIVED AUGUST 29, 2012, PURSUANT TO REQUEST FOR Administration QUALIFICATIONS ("RFQ") NO. 322294, FROM VARIOUS PRE -QUALIFIED FIRMS, FOR AUTOMOTIVE AND TRUCK BODY REPAIRS AND PAINTING SERVICES, ON AN AS -NEEDED BASIS, FOR AN INITIAL CONTRACT PERIOD OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES; AUTHORIZING SERVICES AS -NEEDED, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THAT IN ACCORDANCE WITH SECTION 2.5 OF THE RFQ AS STATED HEREIN, ADDITIONAL SUPPLIERS MAY BE ADDED TO THE CONTRACT AS DEEMED TO BE IN THE BEST INTEREST OF THE CITY OF MIAMI. 13-00060 Summary Form.pdf 13-00060 List of Pre -Qualified Contractors.pdf 13-00060 Award Recommendation Form.pdf 13-00060 Memo - Pass/Fail Admin. Eval.pdf 13-00060 Tabulation Sheet.pdf 13-00060 Detail by Entity Names.pdf 13-00060 Addendum No. 1.pdf 13-00060 RFQ - Automotive & Truck Body Repairs.pdf 13-00060 Qualification Form.pdf 13-00060 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, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0049 Chair Sarnoff: All right, CA.3, you're recognized for the record. Commissioner Carollo: Thank you, Mr. Chairman. And 1 was just, I guess, a little taken back on this contract. I'm seeing a contract for body shop of $400, 000 a year. So, you know, how many accidents do we actually have? And I know it fluctuates, but I mean, is it necessary to have $400, 000 a year in body shop repairs? Ricardo Falero: Yes. Rick Falero, far the General Service Administration. Yes, we do. We have about -- Police has approximately about an accident a day and -- Commissioner Carollo: And those accidents a day, who's at fault? Mr. Falero: I do not go into that part of it. We just handle the administrative part offixing them. I do not know who's at fault on all of them. Commissioner Carollo: There has to he a percentage. Is -- chief -- Chief do you know what's the percentage, more or less, of --? Manuel Orosa (Chief of Police: It's the -- I don't have the figures with me. I can get them to you. But I would tell you that a great majority we're not at fault, but still, we incur damage, the car has to be deadlined for a while, and they can get repaired so -- but I'll get you the figures. City of Miami Page 8 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Commissioner Carollo: Okay. And I'm just seeing that 400,000 a year, that's a lot of money, and I'm -- Listen, and I'm not here to get in the way of police work, hut you know -- and I can assure you that also this is notjust police cars. I'm sure it's other vehicles within the City of Miami. For some reason, I guess the Police, you know, one a day oust jumps out. But it's just -- I think it's a very high number. Four hundred thousand dollars, you know, on body work, you know, for cars is a lot of money. And you know, we are still on a financial -- I'll leave it at that. You know I'm always looking at the fiscal impact to the City. Chief Orosa: And that's one of the reasons why 1 decided to add the ram bumpers in front of our police cars. Commissioner Carollo: Got you. Chief Orosa: So that those little minor accidents, we avoid the damage on our cars, even though we may or may not be at, fault; at least our cars don't get deadlined. Commissioner Carollo: I got you. Chair Sarnof f: All right, Commissioner Gort. Vice Chair Gort: I have a fallow -up question. Risk Management, if we're not at fault, the person that hit us, caused the accident, should be fined; and at the same time, they should have insurance and we -- who makes the collection? Who goes after them? Mr. Falero: They do go after them, the Risk, through the insurance. And we do get back around -- close to about $100,000 a year from those funds that we end up huying vehicles with those cars -- with that money. So we do get about 100,000 a year back subrogation money based on that -- on those accidents. Vice Chair Gort: Listen, when you put your reports together, let us know how much we can collect, we collect back 'cause we -- and my office is doing a lot. We asking a lot of the questions on the accidents that taking place, how do we get paid and if we really go after them, 'cause I think it's important. If we're not at fault, why should we pay far it, correct? Mr. Falero: Well, the ones that we're not our fault, I know we do get the money. It comes in every three or four months and then we move it over to the GSA (General Services Administration), and with that we either can pay some of the body shop cars. A lot of times what we do is we replace vehicles with that money, because there are City vehicles involved here ton. It's notjust Police. Vice Chair Gort: Right. Mr. Falero: So we do is replace vehicles that we've been doing with that money as it conies along. We just don't let it sit there so. Vice Chair Gort: No. I've seen some of the reports, that there's trucks involved and it's a lot of things and property damage and so on. Yeah, okay. Mr. Falero: But the money's not all, you know -- it's used in the right way in order to move that -- you know, get additional vehicles far the City. Commissioner Carollo: Right. Mr. Falero: Okay. City of Miami Page 9 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Vice Chair Gort: Thank you. Commissioner Carollo: Mr. Chairman. Chair Sarnoff: You're recognized. Commissioner Carollo: And I guess what you're saying, the net effect is about 300,000? Mr. Patera: Exactly. It's about -- Commissioner Carollo: So it's a cost of 400 we -- Mr. Falero: Actually, when you get down to the numbers, we have managed to reduce it a little hit. We put about 400,000 because it's a number that's very hard to have a -- you know, put a finger. It could go up. It could go down. Last year we ended up through savings in little bit more competitive in the body shops. We actually were down to about $356,000. But again, it's a figure that you need to have a little wiggle room in order to he able to manage it. But we have gone down from four years ago or three years ago, it was over $400,000. So it's dropped to about -- it's dropped almost $80,000 in the last two years. And again, if you take last year, it was 356, about 100 hack. The net -- Commissioner Carollo: Two fifty-six. Mr. Falero: -- cost to the City is about two and a half. Commissioner Carollo: Okay. What -- I don't have a problem moving this. However, I do want to amend it, for a period of one year so that 1 could see all the actual, 1 guess analysis, how many cars, who, hove much money we're actually receiving, and then -- Mr. Falero: The -- what can -- what do have is the -- Commissioner Carollo: And actually, I think Mr. Robertson has something to say about that 'cause maybe that's not possible. Kenneth Robertson: Good morning, Commissioner. Kenneth Robertson, Purchasing director. To amend the original contract term would be a substantial variance to the procurement. You can remove any renewal options or require renewal options to come back to the Commission, but you may not decrease the original contract term. Commissioner Carollo: And the original contract term is,for three years, correct? Mr. Robertson: Correct. Vice Chair Gort: Now, my understanding is, you have about JOur or five people that applied. When you have a car that needs to be repair, all of them come in, they look at it, and they all give you an estimate. So the lowest bidder usually is the one that gets the contract. Mr. Robertson: Correct. We have eight contractors that are prequalfed to perform this work. Every car, every work order is competitively quoted among all of the companies. Vice Chair Gort: Thank you. Commissioner Carollo: Okay. So move. City of Miami Page 10 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Vice Chair Gort: Second. Chair Sarnoff Okay, we have a motion and we have a second. One comment. If in fact, you have $400, 000 a year arguendo of claims and 25 percent of them. are paid and, predominantly, most (Ohm are not at fault, that would suggest to me that about 25 to 40 percent would then he uninsured motorists out there. Mr. Falero: I -- Risk can probably answer that hest. Ijust -- Chair Sarnoff: That -- Mr. Falero: -- know the figures of what we get, but that -- Chair Sarnoff: -- my analysis is about right -- Mr. Falero: -- sounds about right. Chair Sarnoff: -- Risk? Calvin Ellis: Calvin Ellis, the director of Risk Management. I can't give you an exact number on the uninsured motorists, hut typically, we work with the CityAttorney's office to do an asset search. And we do pursue recoveries, either through the individuals or, in the event that they have insurance, through their insurance carriers. Chair Sarnoff: But the chief made a statement that, predominantly, most of them are not our fault. So I'll say 55 percent are not our fault. So we should be getting it at -- collecting at a 55 percent rate. The only reason you wouldn't collect is there's not insurance. And I'm just curious; what statistically are you facing with uninsured motorists? Mr. Ellis: I'll have to go back and do that analysis. We don't typically look at it from an uninsured motorist perspective, but that's an element that we can get to to evaluate. We look strictly at our subrogation recoveries. So we don't classify it, whether it's through the insurance carriers or the individual. Chair Sarnoff • The cars are insured? Our cars are insured -- Mr. Ellis: Correct. Chair Sarnoff: -- by insurance carrier? Mr. Ellis: No. Our vehicles, we're self insured. Chair Sarnoff: Right. Mr. Ellis: Right. Chair Sarnoff • So subrogation, to me, means that you are subrogating -- the insurance company is subrogating to the right to the insured. Mr. Ellis: Correct. Chair Sarnoff: So we don't have a subrogation claim., at least in the traditional sense. Mr. Ellis: Right, but we do individually pursue recoveries. So we do file claims against the individuals that are involved in the vehicle accident or that are at fault. City of Miami Page 11 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Chair Sarnof f: Right, first party claim. But what I'm saying is you should know very quickly off the top of your head -- and I'm not criticizing you -- how many of these vehicles that you're getting into accidents with are uninsured motorists. Mr. Ellis: I will have to get back to you. I will have to research our data on that and I will get back to you with a report on that. Chair Sarnoff And I just think it goes to a little hit of what Commissioner Carnlla 's saying, which is if, predominantly, they're not our, fault but we're not collecting, I'd like to hear, Well, it's because they're not insured, Commissioner, and there's a -- 30 percent of the vehicles in the City ofMiami are uninsured motorists, which might be a true or untrue statistic, and there's no assets to go after them for their -- for the damage they caused. Mr. Ellis: Okay, I'll give you a full update on the total numbers, what we've recovered and how those recoveries are segregated between individuals, uninsured motorists, and the insurance recoveries. Chair Sarnoff: You know -- 'cause I'd like to know an insurance company that doesn't pay the claim. That -- I'd also like to know that as well. Mr. Ellis: Okay. 1 -- Chair Sarnoff' I mean -- for instance, you get into an accident, there's a vehicle -- get rear -ended by a car that is All State -- that is insured by All State. I'd like to know on what circumstance All State will not pay the claim. Mr. Ellis: Okay, the basis for their denial. Chair Sarnoff' On things like rear -enders, things where there's clear liability, are the insurance companies treating the City of Miami differently than they are treating the average motorists on the street? And by the way, if they are -- and here's my point -- you can then say, we have found a statistical anomaly. We have noticed that State Farm -- and I'm not trying to pick on State Farm, All State -- had -- fights the City of Miami at the tune of 40 percent of all rear -end collisions. You can then take that statistic to the insurance -- Mr. Ellis: Commission. Chair Sarnoff -- DFS -- right -- the Insurance Commission up in Tallahassee and they can decertify their insurance. Mr. Ellis: Understood. But, actually, in the case of State Farm, we've always seen quick recoveries from State Farm, All State -- Chair Sarnoff I didn't mean to pick on anyone. Mr. Ellis: -- GEICO (Government Employees Insurance Company) so. Chair Sarnoff: It could have been the little general for all know. I'm just saying, if find a statistical analysis that shows certain insurance companies are not paying the City of Miami and treating us differently, you have avenues available to you. Alice Bravo (Assistant City Manager/Chief of Infrastructure): Chairman, we'll collect the data and perform that analysis to see if there's -- City of Miami Page 12 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Chair Sarnoff: I'm not trying to heat it up too much, Madam City Attorney -- Madam -- sorry. Madam Manager. You don't usually get to say that. Mr. Ellis: Just one other point. Do you wantjustfar vehicles or --? We do have third -party vehicles that run into our physical structures. Vice Chair Gort: Everything. Mr. Ellis: Okay, we'll get those. Chair Sarnoff • Thank you. Mr. Ellis: All right. Thank you. Chair Sarnoff: All right, so we had a motion. We had a second. Todd B. Hannon (City Clerk): Excuse me, Chair. Chair Sarnoff: Yes. Mr. Hannon: My apologies. Does the motion made by Commissioner Carolla still retain the amendment? Chair Sarnoff.' I think he -- Commissioner Carollo: No. Vice Chair Gort: No. Commissioner Carollo: No. Mr. Hannon: He withdrew the amendment? Commissioner Carollo: Well, if I didn't, then 1 withdraw it, and I just make a regular motion that I think Commissioner Gort second. Vice Chair Gort: Second. Chair Sarnoff: The seconder is Commissioner Gort. Any further discussion? Commissioner Carollo: Now, Mr. Chairman, real quick. Chair Sarnoff: Okay. Commissioner Carollo: I'm going to vote in favor of this, but I still want to see the information just, you know, in the next few weeks. Mr. Falero: The information? Commissioner Carollo: The information that I requested with regards to, you know, the vehicles that are (UNINTELLIGIBLE). Mr. Falero: What I do have and I keep is on every single body shop that we have, how much money they have -- that goes to them, so I can give you the figures on that. City of Miami Page 13 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Commissioner Carollo: Let's get together after the meeting sometime and we'll -- Mr. Ellis: Well provide you the data, all the information that's needed. Chair Sarnoff • Thank you. All in favor then, please say "aye." The Commission (Collectively): Aye. Adopted the Consent Agenda Motion by Commissioner Carollo, seconded by Commissioner Suarez, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF CONSENT AGENDA Chair Sarnaff: All right, it looks like we could -- looks like we can do a consent agenda. Does anyone wish to make a motion on the consent agenda? Commissioner Carollo: I'd like to -- I'm sorry. Vice Chair Gort: Move it. Commissioner Carollo: I'd like to pull -- Chair Sarnoff: Pull -- Commissioner Carollo: -- CA.3. Chair Sarnoff: All right. Commissioner Carollo: And I'll make a motion on CA.1 and CA.2 -- Commissioner Suarez: Second. Commissioner Carollo: -- to move it. Chair Sarnoff: All right, we have a motion and a second on CA.2 and CA.3, right? Commissioner Suarez: I think -- Commissioner Carollo: We have a motion on CA.1 and CA.2. Commissioner Spence -Jones: CA.1 and CA.2. Commissioner Carollo: Yes. Chair Sarnoff: Yes, CA.2, and we're going to hold 3. All right. Vice Chair Gort: Second. Chair Sarnoff: And there's a second. All in favor, please say aye." The Commission (Collectively): Aye. City of Miami Page 14 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 9:00 A.M. PH.1 13-00003 Department of Community and Economic Development PUBLIC HEARING RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY'S") ANNUAL ACTION PLAN FOR FISCAL YEAR 2013-2014, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO SUBMIT THE CITY'S ANNUAL ACTION PLAN FOR FISCAL YEAR 2013-2014 TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR REVIEW AND APPROVAL. 13-00003 Summary Form.pdf 13-00003 Notice to the Public.pdf 13-00003 Pre-Legislation.pdf 13-00003 Legislation.pdf 13-00003 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez R-13-0052 Direction by Commissioner Suarez to the Administration to work with Chair Sarnoff to determine the extent to which the $7.5 million HOME funds allocated for Coconut Grove can be used to remediate infrastructure issues during the moratorium on building set by the Miami -Dade County Department of Water and Sewer. Chair Sarnoff Okay, so I think we now move to PH 1, PH.1, the HUD (Department of Housing and Urban Development) Annual Action Plan. Mr. Duran, you're recognized for the record. Alfredo Duran (Deputy Director): Alfredo Duran, with the Department of Community Development. Yes, this is a resolution authorizing and approving the City of Miami's annual action plan fnr fiscal years 2013 and 2014 in connection with the City'.s federal entitlement programs. Vice Chair Gort: Okay. Questions. Yes, sir. Commissioner Spence -Jones: Public hearing, I guess, right? Vice Chair Gort: It's a public hearing, but the -- at this time, I'll (UNINTELLIGIBLE) -- okay, is anyone in the public would like the address this, PH.1? Being none, close. Yes, ma'am. Commissioner Spence -Jones: Yes, Mr. Chairman. Vice Chair Gort: You're recognized. Commissioner Spence -Jones: I just had one question. I know this is just normal procedure, but I know that you have had an opportunity to speak to my chief of staff on this issue. My only concern was the Little Haiti numbers, how they were being grouped with Little River and Edison. And I do think that it's important -- and we know this. You know this, especially, Alfredo, City of Miami Page 15 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 because you've been out in Little Haiti with me many times -- that the poverty level in Little Haiti is probably more so than any other parts of my district, Overtown and Wvnwood put together, that the poverty level is -- we have some real issues in Little Haiti. Sn my concern is, I think those numbers, because of Little River -- and you know what's happening in Little River now. There's like a burst of revitalization happening there. I'm just a little concerned that that's affecting my ability to, you know, receive the proper resources for Little Haiti. So my question becomes to you, how do we resolve that? Is there any way we can carve out Little Haiti as its own separate area? Mr. Duran: Well, please note that the -- what you're looking at is Little Haiti and Little River area are lumped together in what we consider a neighborhood development zone. Funding is based on the methodology used by HUD on a citywide basis. So when the City -- when HUD says the City has this level of the different factors and you're going to get this amount of money, we use the same methodology on a district -wide basis, so it's really not Little River or Little Haiti. This is as part of a neighborhood development zone. So they are lumped together in this zone, which basically is an area that we recognize -- as a City -imposed area, that we recognize the needs for this area to he revitalized. Commissioner Spence -Jones: Right. Mr. Duran: Sn it's not affecting the funding. Commissioner Spence -Jones: What Ion saying, but is there -- does it -- I'm just curious. And I don't know if Sarnoff has the same issue, for instance, West Grove and Grove. Clearly, the -- you know, when you're -- part of that is lumped together too, right? Mr. Duran: Yes, it is. Commissioner Spence -Jones: So I'm sure that affects his numbers as well. Mr. Duran: It absolutely does. Commissioner Spence -Jones: So I don't -- I'm not speaking for your district 'cause it's your district, but clearly, we -- it seems as though we would be able to receive more money from HUD. I'm just speaking about Little Haiti. Little Haiti, I really have some issues. And I would hate to see in any way that we're not, you know, getting the maximum that we could he getting from HUD because it's being lumped together. Mr. Duran: No, that's not the case. Commissioner Spence -Jones: So what is the best way, Alfredo, to --? Mr. Duran: Well, again, since we distribute our CDBG (Community Development Block Grant) funding what -- the methodology used by HUD, we distribute the same methodology based on a district, which those two areas are in District 5. Commissioner Spence -Jones: Right. Mr. Duran: So District 5 based on the census block income information of the entire district. Commissioner Spence -Jones: Can like Edison and Little River be -- I mean, Edison and Little River be -- I'm not saying that they should not be lumped and they should not be included in the numbers. I'm just simply saying that I think Little Haiti should be -- Mr. Duran: We can separate them. We can do that hosed -- you know, just in -- describe them in City of Miami Page 16 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 our comp plan -- in our -- Commissioner Spence -Jones: Right. Mr. Duran: -- action plan as separate areas. Commissioner Spence -Jones: Because I'm just going to give you an example. In Overtown you're saying -- and it's okay. I'm just trying to make sure I get the most for my residents. That's my job, right? So in Overtown the annual household income is 12K. And then we say in Little Haiti it's 19K, and 1 know that ain't true, you know. I mean, I'm just telling you 1 know it ain't -- you know, I have a huge immigrant population over there and it's -- you know, at times -- anything off Northeast 2ndAvenue, ifyou drive into those neighborhoods, those houses are, you know -- so I just -- I have a concern with the numbers. And Marc -- I mean, again, I'm not speaking about your district, but West Grove, there's a huge difference between West Grove and the Grove. And ifvour numbers are all being impacted or put together in one, the people in West Grove, they're not getting the maximum resources that they need in order for them to have help. That's -- Chair Sarnoff: But is it -- I don't mean to interrupt you, but is it the City's districting or our -- ? It is. Mr. Duran: Right. Theoretically, the City receives an amount based on the citywide numbers -- Chair Sarnoff. And then we break -- Mr. Duran: -- census numbers. And then we break, using the same methodologies by district. So in your district, for instance, you do have a disparity of incomes. You have, you know, areas that are higher than lower, so that does affect your allocation, and we've discussed it in the past. But in this particular case, we're looking at -- it's for a totally different situation. It's more of a developer -- Commissioner Spence -Jones: I just want to make sure I understand it because whatever vote I take today, you know -- and you've been -- your whole team is always supportive to everything we need to get done in my district, so this is not about you. But 1 would like for us to -- if you don't mind, Mr. Chairman, before we actually vote on this item, can we just take a little time, Alfredo -- Chair Sarnofl Why don't we table it? Commissioner Spence -Jones: -- to just come back and just --? 1 really i-vant to understand it. And I know when we had our briefing yesterday, I was like, oh, no, I'm cool. But then Neil, you know, gave me even an additional briefing on this issue, and I'm just a little concerned. I do not want to vote on something that can have an impact on me really helping people that really need help. Mr. Duran: Understood. But again, understand that these numbers -- your district receives an allocation based on what the City gets. So this particular, what Neil brings up, is in an area of a zone that has been determined to be a neighborhood development zone. Commissioner Spence -Jones: All right. I just -- I understand. I don't want to try to hammer it out on here. Mr. Duran: But it's not going to affect your -- Commissioner Spence -Jones: If you don't mind -- City of Miami Page 17 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Mr. Duran: Okay, no problem. Commissioner Spence -Jones: -- if we could just -- can we defer this until --? Chair Sarnoff.' We can. And you brought up an interesting issue, which we're going to talk about later on today with regard to redistricting. Because putting people with nonresources and they're physically there, but -- and the way we do it in terms of our own -- I don't want to call it gerrymandering. It's not gerrymandering but it is almost gerrymandering. Commissioner Spence -Jones: Yeah. Chair Sarnoff: How we create our districts, you're -- we're putting them next to affluent people so that my numbers dilute. She's right about that. And then they don't get the resources. And they're like, well, why don't you put a CRA (Community Redevelopment Agency) here, as if we could or as if anybody would allow that. And there probably could be a CRA there, point well taken. J mean, for that little community, there'd probably be a nice little discreet CRA. It's not going to happen. You know it's not going to happen. I know it's not going to happen. But your point is well taken, which is you put them in my district and you've diluted their -- how do you dilute poverty? But you do dilute poverty because you dilute the ability to -- Vice Chair Gort: (UNINTELLIGIBLE). Commissioner Spence -Jones: And that's my concern with the redistricting, period. I know it was something that was necessary, and I guess we're going to have a very, you know, long discussion on this. But, you know, we're finally, in District 5, I would say, tapping this ceiling, like we're finally coming through, like we're finally able to see some light at the end try' the tunnel, and we just need a little bit more time. And that's nay concern. 1 guess we'll talk about it at 4, but you know, yeah. So -- Chair Sarnoff: No. You know, I didn't realize till right now -- I shouldn't say this on the record, but it's really us that's creating -- Commissioner Spence -Jones: The zones. Chair Sarnoff. -- some -- right, zones, ifyou will. Commissioner Spence -Jones: That's what -- that's -- Chair Sarnoff: Right. And that's a fair point. Commissioner Spence -Jones: And I know West Grove. You know, they -- you know -- Chair Sarnof f: I completely get it. Mr. Duran: Okay. ',just want -- Chair Sarnoff.' The good news for them, Commissioner, so you know is, Commissioner Suarez gave me the $7.5 million for HOME (Home Investment Partnership Program) program -- of HOME trust. Did I get that right? Mr. Duran: Right. Chair Sarnoff.' Trust fund. So money that was never available before is about to just to come into that community. City of Miami Page 18 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Commissioner Spence -Jones: Which means it's about to -- you know, you're about to (UNINTELLIGIBLE). Chair Sarnoff • Take a look -- Commissioner Spence -Jones: But if you can have some money to support those businesses, like Chair Sarnoff: Agreed. Commissioner Spence -Jones: -- really have, you know -- now you have housing and economic development going at the same time. Chair Sarnoff: You knon', to use your analogy iv' light at the end of the tunnel, I was in England and there was a -- you know, the bars there have little billboards on -- and they have bikes that have stains on them. And they said, when you see the light at the end of the tunnel, you know i-i'hat a politician does? He orders more tunnel. Commissioner Suarez: Shuts it off. Chair Sarnoff: He orders more tunnel. Commissioner Suarez: He shuts it off. Can I -- Mr. Chair, may I ask a question real quick? Chair Sarnoff: You're recognized for the record. Commissioner Suarez: Thank you. Mr. Duran, just a quick question. That $7.5 million that the Chairman was referring to, can any of that money be used for infrastructure related to the building of the homes? And the reason why I ask is because -- let me just finish the question -- the County has placed -- Water and Sewer has placed a moratorium on Coconut Grove -- on building in Coconut Grove, and so anything that we do in Coconut Grove is basically paralyzed. And, you know, I'm sure the Chairman, the District 7 Commissioner, myself because I have -- feel like a special interest in this money that our district sacrificed, for, 1 thought, a greater good, to he honest with you. I feel a personal connection to that issue. My question is, can any of these --? For example, he's got $7.5 million. Could he start using some of that money to do infrastructure -related work to prepare those homes to be built is my question? Mr. Duran: Well, first let me clear up, the $7.5 million is for a period of five years. Commissioner Suarez: I understand. Mr. Duran: So really -- Commissioner Suarez: It's one and a half right now. Mr. Duran: -- at this point, he's got about $3 million. Commissioner Suarez: Okay, two year's worth. Mr. Duran: Now, these are HOME funds, which are federal funds, and they're intended for housing development or redevelopment. Okay. Now, within the budgets of housing development projects, there is o fsite projects that relate -- offsite conditions that are related directly to the project. City of Miami Page 19 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Commissioner Suarez: Exactly. Mr. Duran: In other words, we cannot go out there and replace the sewer system with this. We're anticipating housing to be in the, future. What we can do if there's a project that's being funded that requires some upgrade to the utilities that feed that property -- Commissioner Suarez: Right. Mr. Duran: -- we can use that money far that. Commissioner Suarez: So can I ask you to work with the Chairman and see if any of those funds that are already available, what kind of a plan that can he used in conjunction with Walter and Sewer to remediate some of this issue, potentially? Chair Sarnoff I can tell you, we had an interesting meeting yesterday. We had Mayor Gimenez, Mayor Regalado, the District 7 Commissioner, the District 2 Commissioner. We had quite a meeting last night -- yesterday and part of -it was not about that meeting. But at the end we talked about the moratorium in the Grove. And as long as we're talking about it, let's put it on the record. I used an analogy yesterday, but jiff a nail, the kingdom was lost. But for the fact that DERM (Department of Environmental Resource Management) now wants the generator on, I'm going to say, pump station 11, they want it onsite as opposed to required -- as opposed to the County wanting to store it at the LeJeune facility; and in the event of a power. failure, they would bring a temporary generator over there. DERM indicated all through November and December, that would he acceptable to them. DEP (Department of Environmental Preservation), that's the state, indicated that would not be acceptable to them. For the first time, I'd say, Mayor Gimenez understood the issue implicitly and completely, learning that -- Right now the state is preventing us from allowing us to put a temporary generator on that facility. Thus, the moratorium stays in place. Gimenez instructed everyone in the County to work towards getting an answer and a plan B and parallel tracking it, which is what you like, which is if you don't get the answer you want, at least have plan B -- Commissioner Suarez: Right. Chair Sarnaff: -- in the works so you can do that. This is not a money issue, in a strange kind of way. It's not about needing dollars. It's not about designing a pump station. It comes down to whether on a very small triangle, I think, in your district -- I believe it is in your district. Commissioner Suarez: 1 think you're right. Chair Sarnaff: On a very small triangle, they need to put a ten -foot generator. Now, think of the site triangle, think of how you can't see traffic. Having said all that, the County still believes that they can convince the -- the County still believes that they can convince DEP (Department of Environmental Protection) to allow them to do it offsite, and Mayor Gimenez agreed to meet with the governor and actually get this talking. The second part of the equation that you're not aware of, they do issue what's called provisional permits; however, they were on the verge of a settlement with the,federal government for these provisional permits when interveners came in, and the interveners are some folks on Virginia Key or on Key Biscayne who want the water treatment facility moved. That would he about a $700 million venture. Commissioner Suarez: Drop in the bucket. Chair Sarnaff: And -- Right. Commissioner Suarez: Drop in the bucket. City of Miami Page 20 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Chair Sarnoff: So -- I think it'd actually he more than that. But point being, as a result of intervening for whatever reason they think they're intervening, they're actually holding up the ability to put a sink, to put a bathtub, to put a washroom in any part of the Grove. So what they thought was going to be a process that could have been done reasonably quickly is now a process that you know with an administrative judge is going to give them extension, extension, extension. The Mayor -- Mayor Gimenez -- and I'm sorry for the long-winded answer -- committed, along with the District 7 Commissioner, to get this done no later than November of this year. Commissioner Suarez: Christmas present? Chair Sarnoff.' I suggested Christmas, and the Mayor said to me no, no, no; I'm going to give it to them a month before. But fair enough. And I just know you talked about it. I wanted to put on the record. This is something I have followed from the very Genesis to the beginning [sic], and it is probably not slowing up any redevelopment with regard to the money you gave us for the West Grove because it's so new and so -- but it is hurting businesses in the Central Grove because nobody could put a sink in, nobody could put a toilet in, nobody can add one ounce of pressure to that moratorium. Commissioner Suarez: And l think -- First of all, thank you for that briefing. It was much more extensive than I got from the District 7 Commissioner by the way. Chair Sarnoff • I stayed fbr the whole (UNINTELLIGIBLE). Commissioner Suarez: So, you know, I think you made a very articulate and compelling argument a while hack, that it's one Grove, and I think that it is impacting some development in the Grove that is preventing us from really having one Grove. And one of the reasons why I allocated those funds is to preserve what is the historic character of that area, which may, by the way, he the last opportunity that we have with that money to preserve because, as we all know, it's being kind of eaten away at the margins. And so, you know, I -- anything that you need from me that I can do in the sunshine, sunshine law meetings, whatever I have to do -- Continuing to discuss it with the District 7 Commissioner -- Chair Sarnoff: I was going to say, that would be a help. Just continue to get the District 7 Commissioner to show up at these meetings, that would be a help. Commissioner Suarez: I'll do the hest I can. But, anyhow, it's definitely something that we need to do sooner rather than later. You know, we all have our issues with -- our gripes with WASA (Water and Sewage Authority), with Water and Sewer. I'm going to request a meeting with Mr. Renfrow, who's the director, who I've known fbr a long, long time, and see if also, you know, there's a way, you know -- and I know, obviously, Mayor Gimenez, that's the best way to go. That's the big boss. So that's definitely the right way to do it. Chair Sarnoff: Remember, Mr. Doug Yoder was here, and he had made a promise to us to get hack to us the amount of money that was taken out n f WASA to put into the general fund. Commissioner Suarez: I haven't heard anything. Chair Sarnoff: And we haven't heard anything backfrom him; yet, he was at the meeting yesterday. Maybe you could convince Mr. Yoder to come hack with those numbers. Commissioner Suarez: Ell do the best I can. Chair Sarnoff: All right. Alice, did I say something not accurate as to the meeting; you were there? City of Miami Page 21 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Alice Bravo (Assistant City Manager/Chief of Iri rastructure): No, no. I was just going to ask that hefore we break for this item -- I know Mr. Duran going to get together with Commissioner Spence -Jones and discuss the numbers in more detail. But just fir the record, that the amount of funding we receive is based on actual poverty -- Mr. Duran: Citywide. Ms. Bravo: -- population and not -- citywide. So how we group it or report it -- Mr. Duran: Yeah, that's -- I just want to remind you that the amount of money that we get is based on a citywide poverty as one of the factors used -- based on a citywide number, not on a district -wide or an area -wide number, so it's not going to affect what we receive. Commissioner Spence -Jones: Okay. I want -- again, I want to have a sidehy [sic] conversation Mr. Duran: Okay. Commissioner Spence -Jones: -- Madam Manager, to make sure I'm clear of what's happening. Mr. Duran: That's fine. Chair Sarnoff. Lunch is a great time to resolve a bunch of these things. Vice Chair Gort: Yes. I have a couple of questions. Chair Sarnoff: Go ahead. Commissioner Gort is recognized. Vice Chair Gort: One of the major problem that we have in building affordable housing within the -- our districts is DERM, their requirement, and you know -- you experience that. Now you're telling me we are able to use funds to take care of that? Mr. Duran: Well, what we're able to do is if you're investing money in an affordable housing project, and in order for that project to be occupiable, you're going to need services from -- Vice Chair Gort: Right. Mr. Duran: -- your utilities. If the services from the utilities are subpar, they're not adequate fir the edifice that you're contemplating -- Tice Chair Gort: Right. Mr. Duran: -- then monies can he used to be able to -- Vice Chair Gort: Okay. Mr. Duran: -- upgrade those -- Vice Chair Gort: All right. Mr. Duran: -- utility facilities, not to just go out there and fix a sewer. Vice Chair Gort: No, I understand that. But if we building something and DERM conies up -- City of Miami Page 22 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Mr. Duran: Yes. It could be used for -- Vice Chair Gort: -- and says you got to do the following, you can use funds to do that? Mr. Duran: Yes, we can. Vice Chair Gort: Okay, thank you. And I can see Commissioner Spence [sic] problem is Little Haiti, you show them income of $19,000. That's -- Mr. Duran: I understand. Vice Chair Gort: Somehow, that's --1 think that's -- Mr. Duran: We'll discuss that in our -- Vice Chair Gort: Okay, thank you. Chair Sarnoff.' All right, so we're going to table this. Later... Chair Sarnoff: I have a special request of our new City Manager to go back to PH. I, so we're going to go back to PH.1. That was the tabled discussion. Commissioner Spence -Jones: Yes. And Mr. Chairman, I am fully briefed and I fully understand, so I'd like to move this item. Chair Sarnoff: We have a motion. Vice Chair Gort: Second. Chair Sarnof f: And we have a second. Commissioner Spence -Jones: Do you have to open up the public hearing again? Chair Sarnoff.' I will reopen up a public hearing. Anyone wishing to be heard on PH.1, please step up. Hearing none, seeing none, corning back to this Commission. It is a resolution. All in favor, please signify by saying "aye." The Commission (Collectively): Aye. Unidentified Speaker: Thank you. END OF PUBLIC HEARING ORDINANCES - FIRST READINGS FR.1 ORDINANCE First Reading 13-00083 (4/5THS VOTE) AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 56/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "TAXATION/HOMESTEAD EXEMPTIONS FOR SENIOR CITIZENS," MORE PARTICULARLY BY AMENDING SECTIONS City of Miami Page 23 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 56-86 AND 56-87 TO INCLUDE LANGUAGE PROVIDING FOR AN ADDITIONAL HOMESTEAD EXEMPTION FOR CERTAIN LOW-INCOME QUALIFYING SENIOR CITIZENS WHO ARE LONG-TERM RESIDENTS OF THE CITY OF MIAMI ("CITY") TO BE APPLIED TO MILLAGE RATES LEVIED BY THE CITY; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 13-00083 Letter - Office of the Property Appraiser FR/SR.pdf 13-00083 Legislation (Version 3) SR.pdf 13-00083-Legislation-SUB.pdf 13-00083-Submittal-Commissioner Gort.pdf SPONSOR: HONORABLE MAYOR TOMAS REGALADO CO-SPONSORS: COMMISSIONER FRANCIS SUAREZ COMMISSIONER FRANK CAROLLO Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Sarnoff: I think we are starting with a 9 o'clock time certain, which is FR.1. And if -- Yeah, we're okay. FR.1 is the senior homestead exemption. Mr. Mayor, you're recognized for the record Mayor Tomas Regalado: Thank you very much, Mr. Chairman. Good morning and thank you for hearing this item. And as you all remember in November of last year, the voters of the state of Florida approved a constitutional amendment that was placed on the ballot after a lot of vetting and discussion throughout the state of Florida. As you know, Amendment 11 gives senior with long-time residency in different cities the possibility of having an additional homestead exemption and they have to qualify. In the City of Miami we have 2,090 households that would qualify for this amendment. And I am very honored that not only I am a sponsoring this, hut this has been also sponsor by Commissioner Frank Carollo and Commissioners [sic] Francis Suarez. You know, some would say, well, this is less revenue for the City of Miami. The hundreds -- the few hundreds of dollars that it would be saved to these seniors who are on social security and they don't have the means to even pay the taxes, this money will be reinvested in the local market, the community, the local cafe, the restaurant. These seniors are not going to go to Las Vegas with this saving. So this is the right thing. It's the human thing. And like I said, I'm very proud that two members of the Commissioner [sic] are sponsoring this item. As you know, this has a time limit that needs to be done before March 1. That's what the County tax assessor says. And with that, I'd like to ask the Commission to discuss and vote on this, if possible. Chair Sarnoff All right, what I'm going to do is I'm going to recognize Commissioner Gort; then Tin going to go to Commissioner Carollo, and Commissioner Suarez, the two sponsors. Commissioner Suarez: Thank you. Tice Chair Gort: Mr. Mayor, I'd like to place on the records the restriction that it has, that it's not everyone that's 65 and under. There's a cap on the income that the person has. So people understand that we doing this because -- I found, like my other Commissioners, I'm sure, have found, a lot of the people that own the home, but they don't have enough funds to maintain the insurance and all the things they have to maintain. If you could please place the criterias [sic] that have to he used to -- quali those 2,000 homes. City of Miami Page 24 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Mayor Regalado: Yeah. You know, the cap before -- when the state of Florida decided to have an additional extension was, at the time, 21,000. Now it's around 23, $24, 000 a year for a couple, and that's a federal standard. It's not place. So it means that people -- and the house has to be, the value, less than $250, 000. So it means that it would not benefit people who have an income of 50, 000 or 60,000, only those who qual' far the certified extensions in the past, the homestead exemptions that were approved by the voters of the state of Florida and Miami -Dade County. And Miami -Dade County is also doing this ordinance. City of Hialeah has done it already, and other municipalities are doing it. Vice Chair Gort: Also, my understanding is that the person have to be lived in their house for 25 years with tax -- with home exemption. Mayor Regalado: Yes. Vice Chair Gort: Homestead exemption. Mayor Regalado: Yes. Vice Chair Gort: Right? Okay. Chair Sarnoff: All right, I'm going to go to Commissioner Carollo and then to Commissioner Suarez. Commissioner Carollo: Thank you, Mr. Chairman. This is legislation that I am proud to be cosponsoring, and one that my staff and I received a little learning experience. Actually, we had been working on this for quite some time with the details, seeing the financial impact and so forth. And I guess at the same time, there was others with the same idea. And the Mayor actually put out a press release on it, and therefore, 1 contacted the Mayor and let him know that I had been working on Orr a while, especially the financial impacts. So, you know, we decided let's work together because this is legislation that should pass. This is actually legislation that I truly believe is important. And we could go into the reasons why I believe that it should pass. You know, I have been told that in the City of Miami, people have short memories, but if you remember, just a few years ago, the higgest issue that we were facing was the high increase -- the high cost of property taxes and the high cost of insurance. Unfortunately, too many seniors that have worked all their lives and are now retired, it's actually even more troublesome because they live on a fixed income. Their property taxes go up and, the truth of the matter is, they don't have any means to work a little harder, work and obtain overtime. So, realistically, the hit is much, much harder on them. With the increase of insurance, I know many seniors have decided to cancel their policy and, you know, have the risk of not having any insurance whatsoever on their properties, and there are other issues. For instance, 1 know that -- seniors that are married and, unfortunately, one of the spouses passes away. Realistically, all of a sudden, they have less income, but they still have the same -- they still have to pay the same property taxes. So this legislation is actually to preserve the American dream, and seniors that have worked all their lives in order to achieve the American dreams [sic], they don't have to worry that that dream will he taken away. Now, with regards to the fiscal impact, according to the property appraiser's office, the financial impact to the City of Miami is approximately $542, 000. A little bit more specific, they mentioned 541,513, so $541,513. Everyone knows how I'm always looking at the financials. And obviously, this is something that I do want to see passed and I think should be passed, but it does have a financial impact to the City of Miami. So what am proposing -- and I am going to be going to the Bayfront Park Management Trust. We are currently working on next year's budget, and I am going to propose to my colleagues to see if this could actually he paid by the Bayfront Park Management Trust. It's still in the workings, and it's still not a done deal because I also have to respect my colleagues and make sure that, you know, we have a good dialogue at the board. But I am also already in contacts with the auditors because the truth of the matter is, that we cannot use surcharge to pay for this, so we have to see other means, like City of Miami Page 25 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 rentals and other revenue sources that we have in the Park to make sure that we have the amount, but I'm confident that we will have the amount. I am confident that my colleagues would see that this is a good thing. And let me tell you something. This is a historic moment because the Trust is the only agency in the City of Miami does not receive any funding from the City of Miami and does not receive any help with regards to workers, support, maintenance, and we have surpassed that. And where many, many years, the City of Miami would had to, you know, pay for the maintenance to the tune of over a million dollars every year, except for the previous two years since I came, which was 500, 000. The truth of the matter is -- I mean, this is a historic moment where not only are we self sustained, hut realistically, we are now giving hack to the City of Miami. So 1 think this is something that it's very positive. It -- you know, and again, you hear this oh, we should run government more as a business, running government more as a business, you know, but a lot of it is talk. Well, here we have a perfect example where we're actually doing it. This is no tax revenues. This is actually revenues that is earned by the Park. And we are going to be looking to actually subsidize this and be able to have all these seniors have this extra exemption. Thank you. Chair Sarnoff • Thank you. Commissioner Suarez, you're recognized, for the record. Commissioner Suarez: Thank you, Mr. Chair. Thank you all. I, you know, agree with all of the sentiments that were stated before. I think it was very well put by everyone who's commented on this issue. And I appreciate the Bayfront Park's chairman offering to spearhead using some of their. funds to defray the cost to the City on this issue. 1 think this is very good public policy, as Commissioner Carollo mentioned. You have a situation where many of our residents are living on fixed income. Their costs are rising, whether it be, you know, the cost for every day goods, whether it be the cost of insurance, whether it be -- any other costs associated with them living a productive life. And unfortunately, their income is not adjusting by the same measure. I think this is a way fbr us to put a value, as Commissioner Carollo said, on the work that the seniors -- really, that our residents have in terms of what they've invested into our community. This is a way of giving hack to them. They've been paying taxes for 30, 40 years in many cases, and in this case, I think there's some provisions which require that the person have a certain length of ownership of the home to take advantage of the tax breaks. So it does reward people who have been long-standing taxpayers of the City of Miami. I commend the Legislature. By the way, we're not always here commending our legislative bodies. I commend the Legislature fbr their wisdom in putting this on the ballot. Obviously, it was imminently popular. 1t passed by, 1 believe, over 60 percent in the Dade County and probably over 60 percent in the City of Miami. And obviously, we are the instrument of implementation of that public policy that the state and our citizens so resoundedly [sic] supported. And I don't mean to he kind of a stickler, but one of the things that did concern me is that this letter was received by the City on December 19, 2012 and it has to he implemented by March 1, which is only one Commission meeting more away, and it needs two readings. So I just urge the Administration to get these things before us a little earlier because it requires a, four, -fifths vote, if I'm not mistaken, and if God forbid -- now we only have four Commissioners up here -- if we were missing one additional Commissioner, we would be unable to move this forward and we would have lost the opportunity to pass this very needed piece of legislation. So it's an honor for me to join my colleagues in supporting this. I think this is kind of a no-hrainer in terms n f us heing ahle to implement it. And I commend Commissioner Carollo and chairman of the Bayfront Park Management Trust for offering to spearhead the allocation of funds that will pay at least for this upcoming year, you know, the impact that this has, which is I think minimal in comparison with our budget. I believe it's $500, 000 is about 1/10th of 1 percent. So I think the -- it's 1/10th of 1 percent. You're still doing the math? Chair Sarnoff: I was. Commissioner Suarez: It's 1 /10th of 1 percent. One percent is five million if our budget is five hundred million. So it's -- you know, it's a drop in the bucket, but you're impacting 2,090 homes and those homes, in some cases, as the Commissioner stated, some of them may he one person City of Miami Page 26 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 living in the home, but in rnanv cases, it could be two or three. So you are -- you're having a dramatic impact on many, many lives. So Ijoin my colleagues. I don't know if anybody made a motion, hut if not, I make the motion and -- Commissioner Carollo: Second. Chair Sarnoff: We have a motion. We have a second. And I want to come back to Commissioner Gort. And then we'll have a public hearing. Vice Chair Gort: I think it's important to give a little history. A lot of people don't realize that salary in south Florida from the '60 to the '80s was very low. Most of the people that live within that neighborhood had bought their home at 30, $40, 000. That home value has gone up, so everything has gone up, the taxes, the insurance, and so on. And people don't realize; we have a lot of senior citizens in the City of Miami that do not earn more than 5 or $600 a month. And some of those that were a little lucky and were able to huv their property, maybe their -- what they get is $2,000 a month or the maximum of 2,200. So I think this is needed. And I want to thank Commissioner Carollo for doing such a great fob and to offer to make up for the $500, 000. I appreciate it. I'm going to be talking to you. Commissioner Carollo: Not outside the sunshine. Vice Chair Gort: No, no. Up here, up here, on the record. Thank you. Chair Sarnoff: Commissioner Spence -Jones, do you want to he heard on the issue? Commissioner Spence -Jones: Huh? Chair Sarnoff: Seniors homestead. Commissioner Spence -Jones: I'm supporting it. Chair Sarnof f: Okay. All right, so let me open up a public hearing. Anyone wishing to he heard on FR.1, FR.1, please step up. Mariano Cruz: Sure. Chair Sarnoff: Mr. Cruz, you're recognized for the record. Mr. Cruz: Sure. Mariano Cruz, 122726 Street. This was -- should he here long, Long time ago because myself I don't pay taxes to the City, debt service, but other people will benefit from this. The main benefit I see on this one, it will put extra money in the pocket of people. They will be able maybe to go to the grocery store and spend their money there instead of putting the money in general fund. They don't know where the money goes. Maybe they go in salaries. They don't want to he spent in big salaries or whatever it is that people that spend two hours in a lunch in Garcia's there in River Drive instead of working in some place, you know. And that will he the, to me, main thing, putting money in the pocket of people and they will use the money maybe to have an extra dinner during the week. That will be money that will he spread around in the whole City. To me, it won't benefit me because I already benefit from veteran and disability and all other things. I don't pay taxes or debt service or anything. But this should have been a long time ago. Thank you. Chair Sarnoff: Thank you, Mr. Cruz. Anyone else wishing to be heard on FR.1, FR.1, please step up. Hearing none, seeing none, coming back to this Commission. Madam City Attorney, it is an ordinance. City of Miami Page 27 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 FR.2 12-01418 Department of Building The Ordinance was read by title into the public record by the City Attorney. Julie O. Bru (City Attorney): And it has heen substituted just to revise the formatting and the title to include the four f fth designation. Chair Sarnoff And 1 want to make sure the maker understands that for the motion. Seconder understands that? Commissioner Carollo: I do. Chair Sarnoff • Amended. As amended. Commissioner Carollo: As amended. Chair Sarnoff: Okay. All right, Mr. Clerk. Todd B. Hannon (City Clerk): Chair, your roll call on item FR.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, as amended, 5-0. Chair Sarnoff • All right, I think -- Mayor Regalado: Thank you. Chair Sarnoff: Thank you, Mr. Mayor. Mayor Regalado: Mr. Chairman, thank you. Commissioner Carollo, thank you. You're always thinking outside the box. Chair Sarnoff: Thank you. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE 1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE") ENTITLED "BUILDINGS/IN GENERAL", MORE PARTICULARLY BY CREATING A NEW SECTION 10-6, TO RATIFY THE BUILDING OFFICIAL'S SCHEDULE OF ELEVATOR/ESCALATOR FEES AND FINES FOR NON-COMPLIANCE FOR INCLUSION IN CHAPTER 10 OF THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-01418 Summary Form SR.pdf 12-01418 State Statute FR/SR.pdf 12-01418 Dade County Fees FR/SR.pdf 12-01418 State Interagency Agrmt. FR/SR.pdf 12-01418 Legislation FR/SR.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be PASSED ON FIRST READING 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 Page 28 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Chair Sarnoff: I was hoping -- if anybody can get Commissioner Suarez back, I'd bring him hack far his time certain D4.2. But we can move on to -- Commissioner Spence -Jones: FR.3? Chair Sarnoff: -- FR (First Reading) -- well, let's go to FR.3. Commissioner Spence -Jones: Or did we miss FR.2? Chair Sarnoff • FR.2 would be next, but -- Alice Bravo (Assistant City Manager/Chief of Infrastructure): FR.2. Commissioner Spence -Jones: Yeah. FR.2. Chair Sarnoff • Let's go to FR.2. Looks like it'll be pretty easy. Commissioner Spence -Jones: Mariano, go. Mariano Fernandez (Director, Building): FR.2. Good morning. Chair Sarnoff • You're recognized for the record. Mr. Fernandez: Yes, sir. Mariano Fernandez, Building director. This is an ordinance of the City of Miami amending Chapter 10 to include elevator fees, which, for whatever reason, it has not been codified to date. These are fees that we're charging you to delegate the authority by the state of Florida.for any elevator within the City of Miami. Chair Sarnoff.' All right. Is there -- Commissioner Spence -Jones: So moved. Chair Sarnaff: -- a motion? Vice Chair Gort: Second. Chair Sarnoff: We have a motion by Commissioner Spence -Jones, second by Commissioner Gort. Is there anyone from the public wishing to he heard on FR.2, FR.2? Hearing none, seeing none, coming back to this Commission. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Todd B. Hannon (City Clerk): Your roll call on item FR.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 3-0. FR.3 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 City of Miami Page 29 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 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 SR.pdf 12-01316 Legislation (Version 2) 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: 4 - Commissioner(s) Gort, Sarnot7, Suarez and Spence -Jones Noes: 1 - Commissioner(s) Carollo Chair Sarnoff: FR.3. Mariano Fernandez (Director, Building): Thank you, sir. Chair Sarnoff: Thank you, Mr. Fernandez. Mr. Noriega, you're recognized for the record. Art Noriega: Good morning. Art Noriega, Miami Parking Authority. FR.3 is an amendment to the existing rate ordinance. As most of you know, we have not brought the rate ordinance here probably in quite some time. We haven't really, had a need to change or modify any of the existing parking rates. This particular amendment, a substantial portion of it is a lot of administrative items, example, our Allapattah garage. That was never incorporated into the rate ordinance. Our residential permit program wasn't also in the rate ordinance. The two significant modifications to the rate ordinance that are incorporated in this are really commercial -driven. One is a modification or change to the meter rental rate for valet operators. We wanted to make the rate consistent citywide and push it up to a $10 rate, which is also consistent with our special event rental rate. The other major modification here applies to the permanent meter removal. We have in the past really dealt with it more from a policy standpoint. And the calculation for the permanent meter removals, we felt was not commensurate with the impact to the City. We have obviously went through a series. A few years ago we had a lot of demand on the removal of meters. That faded away a bit over the last couple of years, obviously, with the development lull, but we're seeing that particular piece really ramp up again. We have three very big meter removals in the queue now and we think that's going to get even -- that demand and those requests are going to grow in the next year or two. So we wanted to, by way of making a change here, put a much bigger financial burden on future projects that when they ask us to remove meters, the stake is higher. So we've pushed out the amortization to ten years and, in that way, it does two things: one, it allows them to have a little more skin in the game and also think twice really about the financial impact and the impact that has on a particular surrounding area in terms of the lack of on -street parking. The use of that money -- one of the things we came up with in terms of an ideology was to take that -- those increased meter removal fees and put them into an infrastructure And, which then we could use for the development of future projects, purchase of additional equipment. That way, it would put -- not put such a heavy burden on our cap ex (capital expenditures) and our need for repair and replacement reserve on an annual basis. Then we could return a greater amount of revenue to the City, at the end of the year. In summary, those are the major key points of the rate ordinance change. Chair Sarnof f: All right. Let me open up a public hearing before we comment -- we do a motion. This is FR.3, FR.3. Anyone wishing to he heard on FR.3, please step up. Mr. Cruz, you're recognized for the record. Mariano Cruz: Sure. FR.3. Mariano Cruz, chairman ofABDA, Allapattah Business Development Authority. I got nothing against, you know, the Parking Authority. They're very professional. Lately, I haven't heard any complaints against you. And the main thing is I like City of Miami Page 30 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 your contribute a lot of money to the general fund of the City. As long as that -- you keep that direction, it's good. And I tell you, I haven't heard any complaints because, usually, the people, when they go to 17th Avenue, whatever, you know -- or -- and Willy go there or -- we hear the people complaining. I haven't heard nothing. So, so far, good job there. Thank you. Chair Sarnoff. Thank you. Anyone else from the public wishing to he heard FR.3, FR.3, please step up. Hearing none, seeing none, corning back to the Commission. Is there a motion? Commissioner Spence -Jones: Mr. Chairman. Tice Chair Gort: Move it. Commissioner Spence -Jones: Second. Discussion. Chair Sarnoff We have a motion by Commissioner -- Vice Chair. We have a second by Commissioner Spence -Jones. Commissioner Spence -Jones is recognized for the record. Commissioner Spence -Jones: Yeah. Thank you, Mr. Chairman. Art, I just wanted to -- I know we had in my briefing -- just add to it. I know it's for the replacement of equipment, but I think it's also important -- I just want to make sure we're clear -- that we would like to see it he utilized for also surface upgrades. Mr. Noriega: Yeah. It's incorporated into the language -- Commissioner Spence -Jones: I just wanted -- Mr. Noriega: -- that it -- Commissioner Spence -Jones: -- 'cause I just -- so it is -- Mr. Noriega: -- can be allowed for that. Commissioner Spence -Jones: -- so it can he used -- Mr. Noriega: Correct. Commissioner Spence -Jones: -- and you did include it in the language? Mr. Noriega: Correct. Commissioner Spence -Jones: All right. Mr. Noriega: It's in there. Chair Sarnoff All right. Anyone else wishing to he heard on FR.3? All right, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Todd B. Hannon (City Clerk): Your roll call on FR.3. Commissioner Suarez? Commissioner Suarez: Yes, on first reading. Mr. Hannon: Commissioner Carollo? City of Miami Page 31 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Commissioner Carollo: No. Mr. Hannon: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Mr. Hannon: Vice Chair Gort? Vice Chair Gort: Yes. Mr. Hannon: Chair Sarnoff? Chair Sarnoff: Yes. Mr. Hannon: The ordinance passes on first reading, 4-1. FR.4 ORDINANCE First Reading 13-00108 Miami Parking AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Authority 54/ ARTICLE I/SECTION 54-9 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/ IN GENERAL/ PLACING SIGNS ON ANY PORTION OF THE PUBLIC RIGHT-OF-WAY, STREET, OR SIDEWALK SURFACE, MORE PARTICULARLY BY AMENDING SUBSECTION (A) TO ALLOW THE DEPARTMENT OF OFF-STREET PARKING OF THE CITY OF MIAMI ("DOSP") TO PROCURE CERTAIN SIGNAGE SUBJECT TO SPECIFIED TERMS, CONDITIONS AND LIMITATIONS; FURTHER ADDING A NEW SUBSECTION (G) TO PERMIT THE PLACEMENT OF SIGNAGE OR ADVERTISEMENTS ON CITY OF MIAMI OWNED, OR DOSP OWNED, PARKING METERS AND/OR PARKING PAYMENT MACHINES WITHIN THE PUBLIC RIGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE 13-00108 Summary Form SR.pdf 13-00108 Legislation (Version 2) SR.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Noes: 1 - Commissioner(s) Carollo Absent: 1 - Commissioner(s) Suarez Chair Sarnoff • Why don't we move to FR.4. Mr. Noriega, you are up. Art Noriega: Pin up. I'm all for visual displays so. I know that there has been since -- probably since we did our individual board briefings -- Commission briefings, there's been a lot of angst over the broadness of the language, the modification. And so as a result of that, I went hack, looked at it, sort of reached some sort of clarity with regards to what I thought was a little too broad a reference, specifically to this issue, so I had someone in my office rewrite it for the purposes of being very specific to parking equipment so that it wasn't -- someone couldn't infer that we were going to plop advertising on trees and sidewalks and whatever. So I have that language. It's been revised. I'll distribute it for purposes of-- and the intent being that that change will he made for second reading. But the intent is that this particular idea, which was presented to us a little over a year ago, in which we shortly realized after some discussion with City of Miami Page 32 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 regards to a pilot program that we just didn't have the capacity, per the language in the ordinance, to even really he allowed to do it. But the idea was to sort of combine the idea of some advertising component on the pay stations with a public service piece, which is the walking map, and a list of critical points of interest, numbers, NET (Neighborhood Enhancement Team) office number, police number, really kind of to afford the opportunity to do sort of a map or directory within the right-of-way, which really is on a canvas, which is the meter, which is plain anyway. It exists already within the right-of:way. Rather than have to put up a directory or a kiosks, it really does sort of serve a public purpose. Both of these examples, for purposes of -- just better sense of timing, this was the original version, which we put a mock up -- wrapped the meter, which basically, as you can see, the map is about 30 percent, maybe 25 percent of the face, the reference to pay -by -phone at the top is pretty minimal. They came back with a second iteration, which is this one, which expanded the pay -by -phone reference. So what we've decided to do -- and obviously expanded the size of the mapping portion as a percentage of the face area -- we're probably going to expand that even more. But the intent is to use some portion of this for the map, some for our own PSA (Public Service Announcement) efforts, which is the pay -by -phone promotion, and then the bottom part would have important phone numbers, a directory, and obviously provided an advertising component which, for the most part, is to help pay for the cost of the wrap, whatever excess revenue above and beyond that is really nominal. The idea is to do a pilot, starting in the Grove. That's where it was originally presented. If it works and we think it has any traction, then we'd issue an RFP (Request fbr Proposals) and actually look to do it as a citywide program. That was the intent. Chair Sarnoff • You want to -- does anybody want to do this by motion and see where it goes with this? Vice Chair Gant: Move it. Chair Sarnoff: All right, motion by Commissioner Gort, second by, 1 suspect -- Commissioner Carollo: For discussion. Chair Sarnoff: -- discussion. Commissioner Carollo is recognized for the record. Commissioner Carollo: This similar to what you had brought up -- you had brought before us months back, that I had heartburn over, where, I, erroneously, was named as the sponsor where we were going to have advertisement in the fire hydrants, in the trees, and all that. Is this --? Mr. Noriega: No. What happened in that case is we got lumped into an existing movement for advertising. It wasn't our intent to he part of another process. It just sort of happened. So I apologize if you got lumped into something you didn't intend to, but our intent at the time wasn't. That's why we got -- I wanted us to he treated separate and individual because I think this really needed to stand on its own merit, not be a part of a -- any type of grouping effort so that it could either meet with your satisfaction from a policy standpoint or not. I mean, ultimately, this is an idea that came to us. I thought it had some merit. But don't get to dictate the policy on this and certainly as Commissioners, you do. I think this has a couple of benefits from a public service standpoint and also from a nominal revenue side, and 1 don't think it creates anymore additional visual clutter in the right-of-way because it's going on an existing structure. But ultimately, you know, that's my opinion and my opinion only so. Chair Sarnoff: Commissioner Gort. Vice Chair Gort: Let me ask a question. The map that shows the points of interest, are those of people that -- they have their ad in their also? Mr. Noriega: Some do. Some won't. City of Miami Page 33 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Vice Chair Gort: Some don't. Mr. Noriega: I mean, it won't be restricted to only those people that have placed advertising. The advertising is really a benefit to them just promotionally. But we'll identify on the walking map all of the key places and shopping and parks and all kinds of stuff. Chair Sarnoff: Let me ask a question. The ordinance that's before us right now is the one that has not been rewritten? Mr. Noriega: Correct. And I have copies of the one with the changes that I'll present to you. Chair Sarnoff: And I'm not going to try and read it real quick. Mr. Noriega: Yeah. Chair Sarnoff • But the intent of the change is. just to restrict it to parking -- Mr. Noriega: Correct. Chair Sarnoff: -- structures? Mr. Noriega: Correct. Chair Sarnoff: What do we call this, parking -- what should we call this? Mr. Noriega: Parking meter, parking whatever. Parking pay station. Chair Sarnoff • Pay station. Mr. Noriega: Yes. Vice Chair Gort: Pay station. Chair Sarnoff • So this would not go on -- I take it, you still have regular parking meters out there? Mr. Noriega: Yeah. There's no place to put it on a regular parking meter. Chair Sarnoff: Okay. Mr. Noriega: And we have very little of those anyway, I mean, left in the City. Chair Sarnoff: And then you referenced that you were going to -- instead of doing four, two, three, six, you're going to do four, three, six, seven, eight. In other words, you had -- your -- is the actual ordinance itself going to talk about percentage of the map versus -- Mr. Noriega: It doesn't, at least -- what we did was rewrote it and left it at the discretion of the director of Public Works, but we can certainly add additional language to it. I wanted to take it out of my hands in terms of the actual formal approval and put it in a third party and so it makes a reference to the Public Works director's oversight so that it didn't feel like it was self-serving on our end. Chair Sarnoff.' Got you. All right, let me do this. Let me open up a public hearing. Anyone from the public wishing to be heard on FR.4, please step up. City of Miami Page 34 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Nathan Kurland: Good afternoon, Commissioners. Nathan Kurland, 3132 Day Avenue, Coconut Grove. Commissioners, as an adjunct professor of public speaking at FIU (Florida International University), 1 am often asked what's the most important part of a speech that you give in, front of any audience, and my answer is always the same: the central idea. So here is the central idea about my response to FR.4, the only idea that I would like you to take out of this room at the end of the day: no, no, no. It does no good to get on the right track when you're headed in the wrong direction. First of all, the ordinance before you, as we've just heard from Mr. Noriega, is not the one we're even talking about today, so that, in itself, should have meant an immediate deferral until it's written properly, although, personally, 1 don't think there's any properly written version of this ordinance. This ordinance doesn't even talk about what kind of signs they're going to be, the number of signs, the type of signs, location of signs, although now we've just heard they're only going to he on parking garages. And once again, Coconut Grove gets the joy of being the example for the rest of the City, to have more signage to take away from the natural beauty of Coconut Grove or, for that matter, all over the City ofMiami. We've already shown that we're not embarrassed to put up a sign on top of a charter school at the Children's Museum. We need to stop this and we need to stop this now. Thankyou very much. Chair Sarnof: You're recognized for the record. You all got to put your glasses on before you get up there. Peter Ehrlich: 1 wish 1 could read without them. Chair Sarnoff.' There's a surgery we can get you. Mr. Ehrlich: Good afternoon, Mr. Chairman, Commissioners. Peter Ehrlich, 770 Northeast 69th Street, and I'm here to speak in opposition to this item, FR.4. And reviewing the legislation that was in your agenda packages and is online, going -- 1 mean, it looks quite clear when you look at the legislation and look at the current city laws under Section (a) (b). It shall be unlawful for any person to post, stamp, pencil, stencil, write, paint, erect or place a sign upon any sidewalk, crosswalk, curb, or any portion of the public right-of=way, including, but not limited to, any trash receptacles, lamp posts, electric light, telegraph, telephone or utility line pole, hydrant, parking meter, bus bench or shelter, news rack, shade tree or tree box. Shade tree. It's currently illegal under Sections (a) and (b). Following this through to Sections (g) that's on page 3 of 4, just -- it just deleted all of that, with the language notwithstanding any other prohibitions in this chapter to the contrary and it would go ahead and allow signs and advertising on everything that was listed in small Section (a), small Section (b), telegraphs, news racks, trees, tree boxes. We would ask you to vote no on this. Not to defer the item, but just to vote no or defer it and wait till it can he rewritten in a better farm. We've reviewed a revised form, and the revised form needs to be revised as well 'cause it talks about putting signs in -- on park -- not only parking meters, which is the way that it's written in the revised section, but also or structures. Chair Sarnof: And in conclusion. Mr. Ehrlich: In conclusion, please vote no far this item. Thankyou very much. Chair Sarnoff • Thank you. You know, Mr. Noriega, I take it the intent is not to derive revenue "cause obvious -- well, that's not your intent. Is that fair? Mr. Noriega: It's not the primary, correct. Chair Sarnoff: What -- how much of that, percentage wise -- what -- of the 100 percent, what percentage of that intent would be to derive revenue? Mr. Noriega: When you consider the actual value of that revenue stream, it's probably 25 City of Miami Page 35 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 percent, I would say. Chair Sarnoff: Okay. And -- so 75 percent of what's motivating you is to try to display a map for people to see where various venues are, primarily -- I guess we're talking about Coconut Grove -- Coconut Grove? Mr. Noriega: Yeah. When it was presented to me, I -- as straight advertising, I basically said there's no way that would fly. I said there has to have a public purpose assigned to it and incorporated into it, and that's how we got to the walking map piece. Chair Sarnoff • And with regard to your mark-up, like I see the bottom is H&HJewels. So H&H would theoretically pay to have the bottom with this logo on it? Mr. Noriega: Correct. Chair Sarnoff: Okay. Commissioner Gort, you're recognized. Vice Chair Gort: I'd like to see it come back. And let me tell you, it's not only in Coconut Grove. We have a lot of visitors that go to the health center, they go to the judicial system, they go and they park -- out of town or they come from some other place and they don't know where to go. So I find this will be very informative for those individuals that are going to park to go to one of the functions or one of the places that we have in public if we had them all over the City of Miami with a map showing them where the justice system, where the building is, where the health center, the different buildings that are in the health center. I could see that as very useful, but I'd like to see it come back with the language that's specified and it's only to he used with the -- what do we call them? Mr. Noriega: Pay stations. Vice Chair Gort: Bay [sic] stations, just like we did with the bicycles. Mr. Noriega: Okay. Chair Sarnoff: You know, as far as I'm concerned, I'd ordinarily not move this along on first reading, 'cause I think there are some defects that need to be cured, but I've never known you to do anything other than what you say. And, you know, you're a person I put a lot of trust in. And I'm not sure I'm going to vote for this on final reading 'cause I'm -- here's the thing that really makes me want to vote for this. You have a structure out here that's going to go there anyway and it's going to he -- okay, it's blue versus a map with some advertising, but the stores where you're hoping to shop. I just -- 1 don't see how this harms anyone, and I see how it helps businesses and I -- You know, you're right. If you were going to be putting another panel of advertising out there for a hike rack or something that didn't absolutely need it, but this is going to be there anyway and it's going to have a map. And, you know, God willing, people will want to come to Coconut Grove that don't live here and that's good. And, God willing, they'll want to go to Little Haiti inevitably. And, inevitably, they're going to avant to go to Little Havana. Commissioner Spence -Jones: Havana. Chair Sarnoff: And from there, they're going to want -- Vice Chair Gort: Health district. Chair Sarnoff • -- to go to the Health District. And, you know, a lot of people have cell phones. A lot of people have these mapping abilities. But there's something about a structure that has a map on it that tells you exactly where you're going. I mean, I have a bigger objection, candidly, City of Miami Page 36 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 to telephones. I mean, I walked all of downtown and it was all about advertising on telephones and, yet, there is a legitimate reason to have a telephone. Because in the event of an emergency and your cell phone's not working, you want that 911. And I've noticed that since I started talking about the telephones, they now have a nice long list of everything you can use a telephone for, of every phone number I didn't know that existed. So they're obviously seeing that there is a -- certainly a social function to be performed in that. I got to tell you, Mr. Noriega, I trust you enough that I think you would get this right. You know, as long as you can keep this thing updated -- 'cause, obviously, stores will come and stores will go. As long as this could be updated and it looks somewhat substantially similar to what you're putting to my right and it can be language in, you know, by percentages and there'd be no liquor advertisement, there'd be no smoking advertisements, and I'm just giving you what I think off the top of my head. I would suggest there'd be no sex stores on there, not that I'm the moralist, but I don't think anybody wants to see something like that in the public right-of=way. I can go with this on first reading. So public hearing. Anybody wishing to be heard on this any further? All right, public hearing is now closed; corning hack to this Commission. Madam City Attorney, it is an ordinance. I -- do you want --? Tice Chair Gort: (UNINTELLIGIBLE). Chair Sarnof f: I apologize. Commissioner Spence -Jones: 1 mean -- first of all, 1 want Art to pick it up again so 1 can see the physical -- I know that you've briefed me on it, so I was definitely fine with it. I didn't have an issue with it. And the number one reasons why I supported it is because of the restaurants that were in the area, and we know how difficult things are for restaurants and businesses just in general so, and then adding the map, I definitely think is beneficial. So I didn't really have -- we didn't talk very long about this issue at all, right, Art? Mr. Noriega: Right. Commissioner Spence -Jones: Yeah. I supported it so. Chair Sarnoff: Okay. So, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Your roll call on FR (First Reading) -- Vice Chair Gort: Wait a minute. Can that he amended to make sure it's only for the -- this type of -- Commissioner Spence -Jones: Issue? Chair Sarnof f: I think isn't it as modified, 'cause you provided -- Vice Chair Gort: It's modified. Chair Sarnoff. -- it as a modified ordinance? Mr. Noriega: As a modified version. Chair Sarnoff: So does the maker understand it, as modified? Vice Chair Gort: As modified. City of Miami Page 37 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Chair Sarnoff: And there's got to be more changes, right. Vice Chair Gort: Okay. Go ahead. Mr. Hannon: Your roll call on item FR.4. Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Mr. Hannon: Commissioner Carona? Commissioner Carollo: No. Mr. Hannon: Vice Chair Gort? Vice Chair Gort: Yes. Mr. Hannon: Chair Sarnoff? Chair Sarnoff: Yes. Mr. Hannon: The ordinance passes, as modified, 3-1. Commissioner Spence -Jones: Mr. Chairman, I think there's someone that -- you got to put -- you know -- Nate, you're not -- got to go to the -- Mr. Kurland: Nathan Kurland. The new ordinance wasn't even read. What did you just approve, the one that's in the agenda or the modified? Chair Sarnoff • Modified. Vice Chair Gort: Modified. Julie O. Bru (City Attorney): Mr. Chairman. Mr. Kurland: And did we ever bother to even read the modified agenda [sic] into the record that you just approved -- Vice Chair Gort: You'll get a chance to -- Mr. Kurland: -- on first reading. Chair Sarnoff. We submit it into the record. Ms. Bru: Mr. Chairman, the -- Mr. Noriega: It has to come backfbr second reading too. Ms. Bru: Yes. Mr. Noriega: It does. Ms. Bru: The executive director did specify that the modification consist of defining notjust generally structures and facilities, but he wants to narrow it to parking meters or structures situated on the property. City of Miami Page 38 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 FR.5 13-00058 Office of Management and Budget Chair Sarnoff: Okay. It takes away the argument of anybody saying we're going to start wrapping our palm trees. It takes away the argument from anybody saying we're going to start wrapping our trash receptacles. Mr. Noriega: And given the direction I've been given to strengthen the language with regards to sizing and the percentage of advertising on the meter, I'll -- we'll start working on that all too. It has to come hack fbr second reading anyway. Chair Sarnoff: Could you also do me a favor? I don't remember lithe BID (Business Improvement District) ever did a resolution on this. Could you bring this before the BID board? Mr. Noriega: Sure. Chair Sarnoff: Not the full BID board, but at least the executive committee to see how they feel about it. Mr. Noriega: Yeah. Mr. Kurland: So just a point of reference, Commissioner, ill may. We didn't vote on the ordinance as published; we voted on the ordinance as modified. And even according to Mr. Noriega, this modified version is going to he modified as well. Chair Sarnoff • For second reading. Mr. Kurland: For second reading. Mr. Noriega: Right. Chair Sarnoff • And at second reading is when it would become law. It's not law now. Mr. Kurland: But we won't even see what will become law on a first reading basis. We're already at second reading, and we're going to see something brand-new a few days before that's voted on. Chair Sarnoff • You would see it approximately ten days before. Mr. Kurland: Okay, thank you. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE VIII, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "FINANCE/STORMWATER UTILITY FEES AND FUNDS", MORE PARTICULARLY BY AMENDING ARTICLE VIII, ENTITLED "STORMWATER UTILITY FEES AND FUND" BY CHANGING THE TITLE TO "STORMWATER UTILITY FEES" AND CHANGING THE EXCLUSIVE USE OF STORMWATER UTILITY FEES COLLECTED FROM THE DEPARTMENT OF PUBLIC WORKS TO BE USED FOR THE GENERAL STORMWATER MANAGEMENT SYSTEM; FURTHER AMENDING THE ARTICLE TO COMPORT WITH SAID PURPOSE; AND AMENDING CHAPTER 22.5/ ARTICLE VI, OF THE CITY CODE ENTITLED "SOIL EROSION, WATERWAY SEDIMENTATION, AND AIRBORNE DUST GENERATION CONTROL", TO ALLOW FOR THE MONIES COLLECTED TO BE PLACED INTO A DESIGNATED ACCOUNT IN THE GENERAL FUND; CONTAINING A City of Miami Page 39 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 13-00058 Summary Form SR.pdf 13-00058 Legislation (Version 2) 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: 3 - Commissioner(s) Gort, Sarnoff and Suarez Noes: 1 - Commissioner(s) Carollo Absent: 1 - Commissioner(s) Spence -Jones Chair Sarnoff: All right, FR.6. I'm -- FR.5. Commissioner Spence -Jones: 5, yeah. Chair Sarnoff: And then, just so everybody's aware, RE.8, I see you guys sitting there. Ion going to bring you guys -- and I should have done it sooner and somebody should have brought it to my attention. I'm going to bring RE.8 up right after FR.5. Daniel Alfonso: Danny Alfonso, director, Office of Management & Budget. FR.5 is a first reading for changing our ordinance as it relates to stormwater utility. What we're trying to do here is change the language in our current code to be in concurrence with what it is that we're doing. We're not actually moving any money around or anything like that. It's just getting the code to be in compliance in effect with what we're doing in practice. Chair Sarnoff: Is there a motion? Is there a motion? No? Vice Chair Gort: Move it. Chair Sarnof : All right, motion by Commissioner Gort -- Commissioner Spence -Jones: Second. Chair Sarnoff: -- second by Commissioner Spence -Jones. Let me open up a public hearing. Anybody wishing to be heard with regard to FR.5? FR.5, public hearing is now open. The public hearing is now corning to a close. Coining back to this Commission, any discussion on FR.5? Commissioner Carollo: Mr. Chairman. Chair Sarnoff: You're recognized for the record. Commissioner Carollo: Thank you, Mr. Chairman. I'm going to be mentioning a few things that I have said in the past, and I've spoken to the Administration, you know, in length. And although it not be -- it may not be specific to what Danny's asking for, Mr. Alfonso, in all fairness, it is related, and it speaks to the effect of stormwater sewer monies and where they're going and, more specifically, where they are not going. 1 requested certain information, which I appreciate the Administration finally giving it to me. And it shows exactly what I've been noticing and what I've been complaining about. In 2010, out of all the monies that were spent citywide regarding stormwater utility funds, less than 3 percent were in District 3. And in 2010I should have kept my mouth shut and been happy because in 2011, it was less than 1 percent out of all the monies, citywide, on stormwater utility, funds that were actually used, spent citywide; 2012 we went up a little hit. I guess it's when I started complaining my hardest, and we went up to 5 percent. In 2013, it's still too early to tell. Why am I saying this? Because -- and it's all interrelated, especially with CIP (Capital Improvements Project). And I guess we'll discuss further what I City of Miami Page 40 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 discussed in the last Commission meeting with regards to funding, the process of CIP. If noticed in the last Commission meeting, I had the CIP director come before us, and I drilled quite a hit with regards to one of the projects and where was the funding sources craning from. What 1 didn't say at that time is that out of the two -point -something million, the great majority were from citywide funding. And I keep saying how District 3 is not receiving its fair share of citywide funding. You know, having less than 3 percent in 2010, less than 1 percent in 2011, and approximately 5 percent in 2012 is unacceptable. Therefore, why should I be in favor of this, Danny -- I'm sorry -- Mr. Alfonso? I mean, even with now -- and I understand changing departments with the Clean Sweep, you know. Listen, you don't need far me to come up here and again show 100, 200, 300, 400 pictures of the trash in Little Havana and how we need Clean Sweep and how we need all this. And, once again, this stormwater utility funds aren't going to District 3, and I'm -- listen, and I'm not even asking for a lot. I'm just saying our fair share. But I'm sorry; out of total spent, less than 1 percent in one year, less than 3 percent in another year, that's unacceptable. That is unacceptable. So, again, you know I have a lot of issues with this. I'm trying to address it more and more. The more I start drilling, the more alarm [sic] I am, the more facts have been shown of exactly what I've been complaining about and, in all fairness, the more concerned I am because I'm seeing a bigger and bigger and bigger problem. So, again, Mr. Alfonso -- and I know, you know, we discussed this in great length, but I have a big problem with this. Thank you. Commissioner Suarez: Mr. Chair, If may? Chair Sarnoff • You're recognized, Commissioner Suarez. Commissioner Spence -Jones: (UNINTELLIGIBLE) that -- the backup on that. Commissioner Carnllo: This was provided by the Administration to me. Commissioner Spence -Jones: But it -- okay. 'Cause I just asked and they didn't have it in there. Chair Sarnoff: You're recognized for the record. I apologize. Commissioner Suarez: No, no. Thank you, Mr. Chair. I think it would he wise if we all had a breakdown of what every district is getting in stormwater utility funds. 1 think there's a couple of other funding sources that we're able to rely on far stormwater mitigation and/or road improvements and sidewalk improvements. And I think, you know, we've seen this board kind of harping on the fact that, in some cases, it doesn't seem like it's being distributed equitably, and I know that there's a -- I know in my discussions with the new CIP director just as recently as this week, he was advocating for a citywide fund for, for example, public works, and that was part of some of the monies that we receive from the State that go to -- that we can be -- that can be used for sidewalk repairs, street improvements, drainage, et cetera. And when you see things like this after the fact, it may make sense to divide it up by district because, you know, every district has equal needs. I mean, there's no more broken sidewalks, I don't think, in any one district. I think every district has their fair share of broken sidewalks, every district has their fair share of drainage issues, et cetera, et cetera. But what happens is if -- it actually is in your hest interest to do it that way because then, you know, no one will later complain that they didn't get their, fair share, you know. So I've had similar concerns on these kinds of issues. I think, to the extent that we can do them on a district -by -district basis, they should be done that way because our residents have an equal right to these funds. And if there's a situation where we're getting towards the end of the year, something like that, or there's funding that's needed in another district, we can address that at the Commission level. I think we've always been very generous with each other and we have, you know, been conscientious of the fact that other districts have different needs and, you know, that might mean that our district has to chip in if our needs in one particular area are not as great, and I could site, I think, a variety of examples. We've talked about them over the months. I don't -- I'm not going to belabor this entire discussion. But, you City of Miami Page 41 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 know, that may be something that we want to look at in these citywide pots because if -- once -- if we break it up by district, then everyone can spend the money and allocate the money. Everyone has a lot of needs. And then there's no one later on saying that, you know -- complaining that they're woefully -- 1 mean, 'cause that's embarrassing, Commissioner, with all due respect. Commissioner Carollo: Mr. Chairman. Chair Sarnof f: You're recognized. Commissioner Carollo: And 1 appreciate you saying that. And I've had long discussions with the CIP director, and he tell me other Commissioners feel the same way. And I told him, point blank, if that's the case, I'm going to ask my colleagues then to speak up. Because let me tell you something, it's not right. And I'll he honest with you. I think it's embarrassing and we should be up in arms when I am asking simple questions from our CIP Department, as simple as, listen, bonds, street bonds. Pretty easy math. Pretty easy math, okay. We got `X" amount. Let's say it was 100. It was split by 5, each of us got 20, okay. All I'm asking is that 20 came in, show me all the expenses. What's our ending balance? Where are we? How much do I have? I've been asking for this for months. I still don't have an answer. Now, here's my problem and here's where the bigger problem lies. Here comes a constituent -- Commissioner Suarez: Yep. Commissioner Carollo: -- or neighborhood, Commissioner, look at this issue we have. Clearly, it's a problem. Commissioner, do you think it's possible to fix it? I don't know because my Administration has not told me how much District 3 has or how many pots there are or how much money there is. So I am totally reliant on the Administration. And then when I see the Administration pull this crap, that's not right, that's not right, you know, and that's what's going on; and I'm telling you, at least this district Commissioner, he's going to put a stop to it because it's not fair. And I come to you -- if you really are having the same problem, my colleagues, I ask speak up, you know, and let's change it. And all I'm asking for is fairness. That's all I'm asking for -- Commissioner Suarez: I'm on hoard. Commissioner Carollo: -- fairness. But you know, I think it's embarrassing that I've been asking for months and months the different funding sources, the amounts that there is, the amounts that have been spent, and what's available. I still don't have an answer. Yes, like you saw not too long ago with another issue. Oh, yeah, Commissioner, we have these papers for you or these statements. Oh, come on. They're not really what asked for, you know. Let's not go around and around. And it's really a problem. because I'll tell you right now, 1 am totally dependent on the management whether I can do a project, where's the funding source going to come from. And I think you, as my colleagues, have seen in the past three years -- Listen, I could do the numbers pretty well and I could see, you know, where there's money and where there isn't. And when I'm not receiving the information, I -- it's just unacceptable. So that's why I have an issue with this, Mr. Alfonso. Commissioner Spence -Jones: Mr. Chairman, I just have one question, actually two. Danny, the first one, this particular item, FR.5, is really just correcting language, correct? I just want to make sure I'm clear. It's not -- Mr. Alfonso: Yes, Commissioner. Commissioner Spence -Jones: -- really about where the money's going to go -- Mr. Alfonso: That is correct, Commissioner. City of Miami Page 42 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Commissioner Spence -Jones: -- or any of that. So you're just really cleaning up, correct? Mr. Alfonso: That is correct, Commissioner. Commissioner Spence -Jones: Okay. And I guess what Commissioner Carollo's, I'm assuming, saying, he's doesn't really have a problem with the cleanup of the language, but he has a problem with the fact that he has not received -- Commissioner Suarez: (UNINTELLIGIBLE) funds. Commissioner Spence -Jones: -- the proper information, and it seems as though his district is lacking compared to other districts. So I'm -- I was trying to get the information without having to ask a question in the room, but do we have a breakdown? Because this is like -- the only time I saw it was when -- which is only -- so that -- I stated it on the record -- it only reflects his district. It doesn't have a listing of all the other districts. And I'm assuming this is something that's worked through Capital Improvements. This is what the CIP Department does, correct? Alice Bravo (Assistant City Manager/Chief of Infrastructure): Correct. Commissioner, we can pull a list of all the capital projects that have been funded with this funding source and break it out, what projects, over which years, and work with the Commissioner to get all the data he's requested in the, format that he wants. Commissioner Spence -Jones: Right. Ms. Bravo: So we're committed to that. Commissioner Spence -Jones: 1 guess in the -- 1 guess since he's been talking about this for a while. Al, you've been here for about, what, three years, four years? Three years? Three. So in the three years that you've been here -- and that's been a department that falls up under you. Mark, you just got here so you don't get the fire on all of this, I guess. But do you know how they decided to distribute, you know, these funds? Ms. Bravo: Frankly, most of the projects that have this, funding were allocated in the past, probably -- mostly before Igot here. The expenditures have occurred. There are some major drainage improvement projects that were several years in the development. This particular funding type, I don't think, has been used in great frequency in allocations that have taken place in the last two and a half Commissioner Spence -Jones: Two and a half years? Ms. Bravo: Right. Commissioner Spence -Jones: Okay. Ms. Bravo: So moving -- Commissioner Spence -Jones: This is all stuff that was kind of prior to -- Ms. Bravo: In the pipeline. Commissioner Spence -Jones: Okay. -- prior to, I'm assuming -- Commissioner Carollo: All I could say, Commissioner Spence -Jones, I requested this from the Administration. This is -- in the accounting world, we say provided by client, but provided by the City of Miami Page 43 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Administration, and it clearly stipulates that, citywide, we spent one point seven hundred and seventy four thousand, four hundred and forty six dollars from stormwater utility funds, citywide, in 2010; yet, in District 3 alone, we spent Jiffy -three thousand. If you do the math, it's less than 3 percent. Commissioner Spence -Jones: Yes. Commissioner Carollo: And so forth and so on, you know. Commissioner Spence -Jones: No, I'm not debating with you on whether or not you're right, you know. I mean, quite frankly, I think we all want to know how it's being distributed. And my only question for Alice was to understand -- 'cause when I asked the question sidebar, well, how was it -- these areas selected? And her communication was it was prior to her getting there. So these are projects that were already, I guess, in motion before you took your official seat. Commissioner Carollo: Well -- Commissioner Spence -Jones: Now, that is -- I'm assuming that -- and, Danny, you can correct me if I'm wrong -- that does not mean that you could not make adjustments off the list -- from the list, correct? Ms. Bravo: Correct. And in the capital plan going forward, we can see the balances that are available, that haven't been allocated, and plan out in which projects that get used so that there's an equitable distribution across the City. Commissioner Spence -Jones: I got you. Commissioner Carollo: And by the way -- I'm sorry. Chair Sarnoff.' Let's let Commissioner Gort speak, then I'll come right hack to you. Vice Chair Gort: I think the idea, give the information -- you have it anyway -- where the money was spent. Now my understanding, this type of funding can only he utilized in certain use, restricted with the stormwater. My understanding is, and even before 1 got here, a lot of the funds was spent in pump stations, that they had to set it up in certain places within the City of Miami where they had a lot of overflood [sic], and they had to create a special -- and that's very expensive, from my understanding. But I think it's very -- he very important to give us -- and every time any one of us ask you a question or ask you for information, make sure you send it to all the Commissioners so we can all have the same information, okay. Just a suggestion. Thank you. Commissioner Spence -Jones: Yes, I agree. Chair Sarnof f: Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. And let me go a step, forward -- further. You know, the way it's allocated, it's -- for instance, I don't know how much money there is 'cause they're not giving me the amounts. I don't know what funding sources I have 'cause they're not giving me the amounts. Therefore, I'm -- like I said before, I'm 100 percent dependent on the Administration and CIP. So guess who decides who gets stormwater utility monies, who gets this funding, who gets half -cents [sic] penny tax and this and that? They do, you know, and that's why I'm bringing it up to this Commission, because it's unacceptable the way it's being happen -- the way it's happening. And I'll be honest with you. Our financial integrity ordinance, they're in violation of it, you know. So, realistically, the same information that needed to be provided, some was provided, but a lot of the information they needed to provide for the financial integrity City of Miami Page 44 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 ordinance, they -- it's not here. And if not, why did they have a finding? Mr. Alfonso: Okay. Commissioner, I'm not sure what -- Commissioner Carollo: Okay. Mr. Alfonso: -- it is that you're asking about. If you're referring to the CI -- the capital financial integrity ordinance -- Commissioner Carollo: Okay, where --? And 1 commingled two items together because they're -- and like I said from the very beginning, this is all interrelated. This is all interrelated, okay. A fact, according to the Administration from the information you provided, okay, in 2010, $1.7 million was spent citywide on stormwater utility funds, okay. Only -- less than 3 percent was in District 3. Mr. Alfonso: In capital, yes, sir. Commissioner Carollo: Okay. In 2011, less than 1 percent went to District 3; in 2012, approximately 5 percent, okay. So that's one issue. Now who decided how much money was -- of stormwater utility funds was to he spent in District 3 or other areas? Ms. Bravo: 1f 1 may. I just want to point out that of all those expenditures, probably the single biggest project was the storm drainage master plan update. That was for the entire city, and that's what allows us to get the insurance credits citywide for our residents. Aside from that, every one of these projects came through an appropriation. And like I mentioned before, most of those appropriations occurred more than two and a half years ago. Commissioner Carollo: I'd like to see when -- far the year 2012, when those appropriations happened and is it one huge appropriation for, let's say, a million dollars or does it happen little by little by little so no one really, you know, can allocate -- Hey, wait a second. This is a whole million dollars, you know. How is it happening? M. Bravo: Well, the appropriations occur in the monthly appropriation item that CIP brings to the Commission. Commissioner Carollo: Yeah. The monthly -- Vice Chair Gort: We approve it here. Commissioner Carollo: -- appropriations. So what happens is, let's say Commissioner Suarez or Commissioner Sarnoff or Commissioner Gort or Commissioner Spence -Jones has a project, okay, and they want to -- you know, they need funding. So here comes the CIP director and says, Oh, yeah. We can use funding from here; we can use funding from there. We could just -- and they're in perfect control. Now it comes back to this Commission, and then you say to the Commissioner, nh, there's a project on Commissioner Spence -Jones district. Oh, there's a project Commissioner Gort district. Here's a project Commissioner Sarnoff district. So, you know, for the most part, what do we do? You know, we yield. Okay, I'm -- you know, we're not here tit for tat. But the bottom line is, when you really see the overall picture, the administration is the one who's holding the strings and, realistically, not being fair about it. Ms. Bravo: And the most important thing we can do is in the development of the capital plan, project the allocations of funding in future years and develop the projects in the various districts, and that's the hest way to achieve some equity and parity. Commissioner Carollo: And by the way, Madam City Attorney -- I'rn sorry, Madam City City of Miami Page 45 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Manager -- and I've had this conversation with our City Manager numerous times, and I'm sure you're aware of that. How can you justify, how can you justify that it's been months and months and months and months and you still cannot provide all the different fimding sources like the bonds? What was the start? What were the different projects that occur, and what is the balances for District 3? That is unacceptable. How can you justif ' that it's been months and months and months and you cannot provide that information? How can you just' that? How can you justify that, realistically, I don't know how much money we have to do this project or that project or not do the project? How can you justify that? Ms. Bravo: And just -- I just want to let you know -- 1 know we've provided the information and different tables over time. And in the most recent e-mail (electronic) correspondence, a different format has been requested, that specific type of ledger entry accounting of each fund, and we're committed to providing that. Commissioner Carollo: Listen, I know you're making it sound all great and this and that. The bottom line is, it's real simple, okay. If we had street bonds, Series A, Series 1, whatever you want to call it, okay. It came into the city. It was divided by five. Perfect example, let's say a hundred came in, a hundred dollars; it was divided by 5; 20 each district. Okay, so District 3 starts with 20, okay. Where was the expenditures and where are we now? Real simple. How can we still not receive that? Ms. Bravo: And that's a. format we have to create because that's something that we can't pull directly from the Oracle system, but we're committed to providing it. Chair Sarnoff: All right. Commissioner Suarez: Mr. Chair. Chair Sarnoff • You're recognized far the record. Commissioner Suarez: Commissioner, do you think maybe that the number of directors that we've had in the last three years contributes to the fact that you can't get information? Commissioner Carollo: Listen, I've mentioned it before, and this is nothing on our current CIP director, you know. My frustration, you know, already comes from quite a few years in dealing with this. And, yes, it is the -- what is it, third, fourth -- Commissioner Suarez: Fourth. Commissioner Carollo: -- C1P director that 1 deal with. And, yes, 1-- listen, Commissioner, let's be perfectly clear. This is not something that I'm saying now. Commissioner Suarez: No. I -- Commissioner Carollo: I mentioned about the instability, you know, two years ago -- two and a half years ago -- three years ago. As a matter of fact, I was joking that this was the Commissioner that was put in the penalty box during that time. And you know what, maybe that's why the other districts got a lot more money or findings [sic] and I did not. And this is what we all joked about me being in the penalty box. This is what I meant when I was in the penalty box. This is what I meant. So, you know, let's he -- let's cut to the chase. I'm not saying it now. I said it two and a half, three years ago; the Mayor was standing right there when I mentioned about the instability, you know, and 1 was placed in the penalty box. So it's nothing new. Chair Sarnoff: All right. City of Miami Page 46 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Commissioner Suarez: I'm agreeing with you, by the way. Chair Sarnoff: Anyone else want to be heard? Vice Chair Gort: He wants to speak. Chair Sarnof f: Danny, I'm sorry. Mr. Alfonso: Commissioners, I want to separate the discussion of where the funding is spent, etcetera, or the accounting of it to changing our City code. According to our City code, we shouldn't he spending any money in capital for stormwater utility. It should all be in Public Works Department, okay? Chair Sarnoff: Fair enough. Mr. Alfonso: So I'm trying to change the code to say we can spend it in the areas that are eligible for the management of the stormwater utility system. That's all I'm trying to get with this ordinance. Chair Sarnoff: All right. Is anybody from the public wishing to he heard on FR.5? Hearing none, seeing none, the public hearing is now closed; coming back to the Commission. l believe we have a motion and a second. Todd B. Hannon (City Clerk): Yes, sir. Vice Chair Gort moved it; Commissioner Spence -Jones second. Chair Sarnoff: All right. And Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Your roll call on item FR.5. Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: No, out of principle. Mr. Hannon: Vice Chair Gort? Vice Chair Gort: Yes. Mr. Hannon: Chair Sarnoff? Chair Sarnoff: Yes. Mr. Hannon: The ordinance passes on first reading, 3-1. FR.6 ORDINANCE First Reading 12-01452 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Facilities 53/ARTICLE I/ OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STADIUMS AND CONVENTION CENTERS/IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 53-1, City of Miami Page 47 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 ENTITLED "TICKET SURCHARGE ON PAID ADMISSIONS TO EVENTS", TO INCLUDE CITY OF MIAMI ("CITY") OWNED MARINAS AS CITY FACILITIES FOR PURPOSES OF REQUIRING A TICKET SURCHARGE ON PAID ADMISSIONS TO SIGHTSEEING BOAT TOURS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-01452 Summary Form SR.pdf 13-01452 Mooring & Dockage Agrmt. SR.pdf 13-01452 Legislation (Version 2) 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: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez Direction by Chair Sarnoff to the Administration for the Public Facilities Director to perform an analysis of the dockage fees charged by cities comparable to the City of Miami; to include San Francisco, New York, and at least 2 to 3 cities in Florida, prior to the second hearing of this item. Chair Sarnaff: All right, so let's go back to the agenda. I think we are -- and someone will correct me -- RE.4? Commissioner Spence -Jones: RE.4, no. Are we --? Chair Sarnoff: Oh, I'm sorry, FR.6, right. FR.6. Commissioner Spence -Jones: FR.6 and 7, right? Chair Sarnoff Yeah -- yes. FR.6. Henry Torre: Good afternoon, Commissioners. Henry Torre, director of Public Facilities. FR.6 is a amendment or -- excuse me, amending Chapter 53/Article I of the code of the City of Miami, entitled "Stadiums and Convention Centers/In General, " more specifically by adding language to include tour boat operators in the ticket surcharge program. Chair Sarnoff: Okay. Is there a motion? Vice Chair Gort: Move it. Chair Sarnoff: You have a -- Commissioner Spence -Jones: Second. Chair Sarnaff: -- motion by Commissioner Gort, second by Commissioner Spence -Jones. It's a public hearing, just going to open it up. FR.6, anybody from the public wishing to he heard on FR.6? Hearing none, seeing none, corning back to this Commission. Commissioner Carollo is recognized for the record. Commissioner Carrillo: Yes. Commissioner Spence -Jones: And I have a question as well. Commissioner Carollo: Yes. Since it's a surcharge, the money has to go back to the operations of said marinas, correct? Mr. Torre: Correct. What it will do is it could be used for operating or capital expenses, so it -- City of Miami Page 48 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 what it does do, it does provide a savings for general fund expenses. Commissioner Carollo: I didn't see that Miami marina operations budget. Could you start providing me the budgets of --? Mr. Torre: I'd be happy to, Commissioner. Just to give you a little history on this, they are currently paying, collectively, $250, 000 a year in dockage fee. And if calculate at a 60 percent occupancy, their revenue is $35,898,000. That 250,000 translates to less than seven -tenths of 1 percent. We feel that this item will hring an additional anywhere from 1.6 to $2 million more a year. Commissioner Carollo: I prefer to see it on paper, though, so I could -- Mr. Torre: I do have an analysis I'll be happy to send you. Commissioner Carollo: -- you know, study, even electronically. It's not like, you know, 1 don't conserve paper but -- Mr. Torre: Okay. Commissioner Carollo: -- you know, Ijust -- I'd rather see it written -- Mr. Torre: Okay. Commissioner Carollo: -- so that can make analysis and see what exactly the budget -- since everything that is -- should this pass -- generated has to offset expenses or at least go to the -- to that set location that, you know, the surcharge was generated. Mr. Torre: Okay. Chair Sarnoff: Commissioner Spence -Jones. Commissioner Spence -Jones: My only -- I just wanted to make sure the little taxi -- water taxi people have been addressed. Mr. Torre: He's been given a second chance, Commissioner. Commissioner Spence -Jones: Okay. All right, we really appreciate it. Mr. Torre: My pleasure. Chair Sarnoff: And Mr. Torre, before you come back to this Commission, could you get me comparable cities -- St. Petersburg, Tampa -- Mr. Torre: Absolutely. Chair Sarnoff • -- Jacksonville, Daytona, Ft. Lauderdale -- Mr. Torre: We -- Chair Sarnoff: -- Virginia Beach, even New York City. I'm just -- Mr. Torre: Yeah. Chair Sarnoff: -- curious what their surcharge looks like on a comparable issue to this. City of Miami Page 49 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Mr. Torre: Just so you know, we did do an analysis that covers seven states; San Francisco, New York, Washington. We -- Key West is very similar. They were all municipal marinas. All those marinas -- they're at a -- it's a little different because they have long-term arrangements on their marinas. All of them either have a percentage of sales or a ticket surcharge. Chair Sarnoff: But what's the volume of dollars they bring in comparison? 'Cause I mean, you made it sound like this was an infinite -- and we almost seem like we're giving away the store, the way you described it. Mr. Torre: Well, it seems like we were giving away the store. In my calculations -- and again, we're at a disadvantage because the current dockage agreement, which we sent the revised one to all the Commissioners to revise -- the one that we've been using for the last 20, 30 years did not provide the City the right to review their financials. We never got sales. All that has changed with this new dockage agreement that we will he rolling out to them in the next 30 days. So we will then have the opportunity to review their sales, get sales information and stuff like that. So we do -- we are very confident that this will bring the revenue justfrom those 10 tour boats from 250,000 to over 1.5, $1.7 million. Chair Sarnoff: And that's just for the surcharge. But then the other issue would be with regard to the dockage, right? Mr. Torre: Correct. Well, the dockage we have increased on a percentage basis every year. They currently pay about $33 a linear foot. Chair Sarnoff: Could you -- for my of fice's sake -- "just want to know -- you used -- that's fine, San Francisco. I think we're a comparable city to San Francisco. How much does municipal San Francisco get for its dockage of its --? 'Cause 1 got to tell you, their dockage facility is inferior to ours. Mr. Torre: Right. Chair Sarnoff: So I'm just curious, how much do they get revenue wise from the way they administrate their dockage in comparison to Miami. 1'd like to see New York. Mr. Torre: Okay. Chair Sarnoff: I'd like to see two or three cities in Florida -- Mr. Torre: Okay. Chair Sarnoff.' --just to see sort of the southern, you know, strategy. But I think we're finding ourselves having a lot more in common with the larger cities than we are with the -- Vice Chair Gort: Yes. Chair Sarnoff • -- smaller cities. Mr. Torre: Correct. Chair Sarnoff: So "just want to see across the hoard -ism, i_fyou will. 'Cause I don't want to he accused of giving away the store. Mr. Torre: Correct. Okay, 171 get that information. There will he a few minor revisions on the accounting aspect of the language for second reading. City of Miami Page 50 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Chair Sarnoff: Okay. All right, so we have a motion. We had a second, and I closed the public hearing or I have not? I have, okay. And Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Todd B. Hannon (City Clerk): Your roll call on item FR.6. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 3-0. FR.7 ORDINANCE First Reading 13-00085 District1 - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 62/ARTICLE XIII/DIVISION 1 OF THE CODE OF THE CITY OF MIAMI, Wifredo (Willy) Gort FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/TEMPORARY EVENT PERMITS", MORE PARTICULARLY BY CREATING SECTION 62-526, ENTITLED "ENFORCEMENT," TO SPECIFY THAT THE CITY OF MIAMI MAY ENFORCE SAID DIVISION 1 PURSUANT TO CHAPTER 2, ARTICLE X OF THE CITY CODE, IN ADDITION TO OTHER REMEDIES ALLOWED BY LAW AND PROHIBITING THE ISSUANCE OF ATEMPORARY EVENT PERMIT IN THE EVENT SAID DIVISION 1 IS VIOLATED; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-00085 Legislation.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: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez Chair Sarnoff: Okay. All right, now we can go back to FR.7. Commissioner Spence -Jones: That's Commissioner Gort's. Vice Chair Gort: Move it. Commissioner Spence -Jones: Second. Chair Sarnoff: All right. We have a motion and we have a second. The art sales and enforcement. You want to put any meat on the bones? Commissioner, you want to put any meat on the hones? Commissioner Spence -Jones: Want to let them know what it's about? Chair Sarnoff: Let us know what it is. I support you in whatever it is you do, but Ijust want to know, in your take, why this is good policy. Vice Chair Gort: This is the one to create the parking garage, if you recall. My understanding, this -- wasn't this the property that we're going to be getting from the County in order to -- City of Miami Page 51 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Commissioner Spence -Jones: No. We're on the garage sale -- the garage sale items. Vice Chair Gort: Oh, I'm sorry. Sorry about that. I thought we were talking of Rickenbacker Causeway. Okay, the garage sales, one of the major problems that we've had is we have individuals that have garage sales every week without permit. And then all of a sudden, they get fined and after they get fined, they go hack and they get a permit and they go ahead and do it again. So I would like to have this ordinance where anyone who's in violations of the ordinance will not he given a permit far a year. Victoria Mendez (Assistant City Attorney): Commissioner, just to clarify, the legislation right now as it's drafted applies pretty much to all temporary permits. Between first and second reading, we'll be amending it maybe to just tighten the gamut so that it doesn't happen to all properties that have a circus, a little fair or such, and maybe giving the Code Enforcement Board or the special master the discretion based on finding out how many times a garage sale or some type of activity has happened at a property that's intrusive and they can order the suspension fnr a year. So it's something that -- Vice Chair Gort: And I apologize. I was on RE.7. That's why I was reading the wrong -- Chair Sarnoff: Sorry -- I'm sorry, Commissioner. Vice Chair Gort: -- 1 was under RE.7 instead of FR.7, okay. Chair Sarnoff.' You're right. You're absolutely right. But FR.7, my question to you is, is this a stepped up enforcement feature? Vice Chair Gort: Yes. Chair Sarnoff • And so the person violates the first time, what happens to them under your new ordinance? They lose the privilege of a garage sale or --? Vice Chair Gort: Or pulling a permit for a period of how long? Ms. Mendez: Right now the way that it is drafted, it would be a privilege fbr one year. You have a maximum of two on the property per year, and now it would he to lose the privilege for a year. Chair Sarnoff: So the first offense, you lose your privilege for one year. Ms. Mendez: Yes. Well, that's what -- right now as it's drafted, it would he fin- one year. Other -- it would be to go to the Code Enforcement Board, get whatever penalties, and then in addition to whatever penalties you get, whether it's a civil infraction or a per diem fine until they cease the activity, it would also he an additional ban for one year of not having any type of garage sales on the property. Chair Sarnoff Optional? Vice Chair Gort: Now wait a minute. Ms. Mendez: At this time, it is not optional. It's mandatory. Vice Chair Gort: We're going to have to bring this hack 'cause that's too severe. There's a lot of individuals, they have garage sales. They're not aware they have to pull a permit. So 1 think first the first offense has got to he some kind of -- Commissioner Spence -Jones: Warning. City of Miami Page 52 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Vice Chair Gort: Code Enforcement should give them a warning and tell him -- let him know that he has to pull a permit. If he pulls it for the second time, then we go ahead and do it. And the reason why is 1 receive a lot of complaints from the -- from one of. my -- the neighborhood in my district where this gentleman was having not only a garage sale. I mean, he was going to have ajunk car sale. He would have all kinds of -- all machines and all that. And he was -- Code Enforcement went and cited him about four times, and the guy got smart and says, Oh, wait a minute. And they told him, you cannot do it again. So he went and pulled a permit. So a permit was issued to him, so he did it another time. So I get calls from the neighbors and says, what is this? I thought we weren't going to do this anymore. So let's bring it back. 1-- the way it is right now -- Chair Sarnoff: Just so you know, when I read it, I felt like I wrote it, so I didn't think you wanted it 'cause it seemed very exact. That's why I wanted to make sure. Vice Chair Gort: No. 1-- Commissioner Spence -Jones: And also -- and maybe it was just during our briefings, that wasn't the understanding that was kind of communicated. Vice Chair Gnrt: That wasn't my understanding either. My understanding is the first offense, it should be a warning. After that warning, that person will have the right -- First of all, the Code Enforcement comes to the individual that does not have a permit and tells them, You have to close down right now. You cannot continue to have the garage sale if you don't have a permit. If that takes place, the person has the right to go and get a permit fbr the next exhibition. Now if he does not comply and does not get a second -- goes on a second garage sale without a permit, then I will apply the one year without a permit. Chair Sarnoff • Okay. Ms. Mendez: Between first and second, we can make those changes. Vice Chair Gnrt: Okay. Chair Sarnoff • You sure you want to do that? Ms. Mendez: Or whatever the Commission -- Chair Sarnoff: It's -- Vice Chair Gort: No, no. Chair Sarnoff: I'll support -- Vice Chair Gnrt: That's the way I'd like to have it expressed, okay? Commissioner Spence -Jones: So just have it pulled and just come back. Vice Chair Gort: Yeah, second reading. Chair Sarnoff: You want it to go forward -- Vice Chair Gort: Yes. Chair Sarnoff: Okay, I can live with that. All right, Madam City -- he wants to go forward with City of Miami Page 53 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 RE.1 13-00059 City Commission the understanding of interdelineating [sic] the changes. Commissioner Spence -Jones: Right. Ms. Mendez: Okay, so it's the changes that were stated on the record, and we will also reach out to your office and just make sure -- Vice Chair Gort: Yes. Chair Sarnoff: For each Commissioner, what I'd like you to do is put in red the interdelineated [sic] changes so they could see how it changes f from first to second reading, in red. Ms. Mendez: Okay. Chair Sarnoff: All right? Ms. Mendez: Yes. Chair Sarnoff: I know you got that technology. Ms. Mendez: We do. Chair Sarnoff • All right, Madam City -- okay? Ms. Mendez: An ordinance -- Chair Sarnoff: It is an ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Chair Sarnof f: All right. I was told I didn't open up a public hearing. Anybody wishing to be heard on FR.7, please step up. Hearing none, seeing none, coming hack to the Commission. Mr. Clerk, you can give us roll call. Todd B. Hannon (City Clerk): Roll call on item FR.7. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 3-0. END OF FIRST READING ORDINANCES RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE SALARY AND BENEFITS FOR CITY CLERK TODD HANNON. 13-00059 Comparative Analysis - City Clerk.pdf 13-00059 Legislation.pdf 13-00059 Exhibit 1.pdf City of Miami Page 54 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gott, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0053 Chair Sarnof f: Okay. All right, we finished the FRs (First Readings), so let's go hack to the REs (Resolutions). Now that's where we left off, RE.4. And you know what, wait a minute. Let's -- we could all use a little levity. RE.1. Commissioner Spence -Jones: RE.1? Chair Sarnof f: It's the Clerk's contract. Commissioner Spence -Jones: Oh, yeah. Chair Sarnoff: He said we're not leaving today until he gets a damn raise. No, you said it nicer than that, didn't you? Commissioner Spence -Jones: So we need -- Todd B. Hannon (City Clerk): Yes, sir, without question. If I'm going to live up to the Miami Herald article, I'm definitely going to do it diplomatically. Chair Sarnof f: All right. Wasn't -- Commissioner Spence -Jones: Suarez was the one that was -- Chair Sarnoff: Suarez did the -- Commissioner Spence -Jones: You want us to make sure he's coming out to kind of talk about it? Chair Sarnaff: Yeah. I'll tell you what, let's see if we can get Suarez in here, and in the interim, I'll go to RE.4. Commissioner Spence -Jones: Okay. Chair Sarnoff Just get reach, Mr. Clerk, 'cause I got about 40 questions. Later... Chair Sarnoff: All right, now we have the City's chief negotiator, Commissioner Suarez, for RE.1. Commissioner Suarez: Thank you, Mr. Chairman. I have to say it was an honor and a privilege to take on this role fbr the Commission. I thank the Commission for trusting me to handle this. Negotiations for our constitutional officers are never fun, as I'm sure Commissioner Carollo can agree to. And Commissioner -- and City Attorney Bru can also acknowledge in our negotiations the first time. You know, without disparaging any of the other candidates that were up for this position, I have to say that it's one of my proudest moments to have been ahle to help in the nomination of our City Clerk. And true to form in our negotiations, it was a very, very non -contentious process. We sat down together. We looked at comparables across the state and across our region, and we came to a number which we think -- and a compensation package City of Miami Page 55 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 which we think represents something that is fair, something that he has agreed to. I think it presents a substantial savings to the City of Miami. I think it's somewhere in the vicinity of like $70, 000 that we're saving on the position, which is, you know, 30 or 40 percent reduction in the position. And what I am recommending to the Commission is a compensation salary of 125. The car allowance has been also reduced. The cellular phone allowance has also been reduced. Commissioner Spence -Jones: So moved. Commissioner Carnllo: Second. Chair Sarnoff • I was going to let you go. I mean -- Commissioner Suarez: No. I -- listen, I workfor you all in this matter so -- Commissioner Carollo: You can still continue, though. Commissioner Suarez: Sure. We've reduced the number of vacation days, reduced the number of sick days, reduced the number of holidays. The vacation days are use it or lose it. Chair Sarnoff: Wow. We made him a City Commissioner. Commissioner Suarez: What's that? Chair Sarnoff.' We made him a City -- Commissioner Suarez: Pretty much. Thu know, he's such an honorable guy that, you know, he -- you know, even though his vacation and sick is use it or lose it, and as, I think, the City Attorney, when we last negotiated -- either the City Attorney or City -- or the Auditor General, we recognized that what's been accrued in his firmer position is obviously -- he's entitled to. It's in his new position that he won't accrue. But he's such an honorable guy that he wanted the accrued vacation and sick to be paid out at the lower rate of his salary and there not be a mistake that because he's now increased his salary, that the vacation and sick accrued would he done at the higher rate. So I have to say that that was something that he himself volunteered and suggested. And 1 mean, it was -- 1 don't know what else to say. No severance. You know, it's just -- it was an honor to negotiate with him. I mean, I think the City Attorney can attest that I'm a pretty hard negotiator and -- but it was a very, you know, quick process. Chair Sarnoff: Okay. All right, we have a notion. We had a second. Any discussion? I'm the only guy that has like 42 questions? Well, let me get them out. No, only kidding. Commissioner Suarez: It's been that kind of a day, huh? Chair Sarnoff: All in favor, please say "aye." The Commission (Collectively): Aye. Mr. Hannon: Thank you, Commissioners. Commissioner Suarez: Thank you. RE.2 RESOLUTION 12-00693 District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY Commissioner Marc MANAGER TO DISCONTINUE THE PAYPHONE PILOT PROGRAM David Sarnoff ESTABLISHED PURSUANT TO RESOLUTION NO. 01-449, ADOPTED MAY City of Miami Page 56 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 10, 2001; FURTHER DIRECTING THE CITY MANAGER TO TAKE ALL STEPS NECESSARY TO REMOVE SAID PAYPHONES FROM ANY AND ALL RIGHTS OF WAY WITHIN THE CITY OF MIAMI, REGARDLESS OF OWNERSHIP. 12-00693 Pre-Resolution.pdf 12-00693 Legislation.pdf Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Note fbr the Record: Item. RE.2 was deferred to the March 28, 2013 Commission Meeting. Chair Sarnoff All right, so now we are on RE.6. Alice Bravo (Assistant City Manager): Chairman -- Chair Sarnoff: No, we did that one. 1 apologize. Yes. Oh -- yes, ma'am. Ms. Bravo: I guess for the record we need to mention that RE.2 was advertised as being deferred to March 28. Todd B. Hannon (City Clerk): We need a motion on that. Chair Sarnoff • Is there a motion on -- Vice Chair Gort: Move it. Chair Sarnoff: -- RE.2? We have a motion by Commissioner Gort. Commissioner Suarez: I'll move it. Commissioner Carollo: Second. Chair Sarnoff: Second by Commissioner Carollo. All in favor, please say "aye." The Commission (Collectively): Aye. RE.3 RESOLUTION 12-01307 Department of Planning and Zoning A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPOINTING TWO (2) ADDITIONAL PRE -QUALIFIED SPECIAL MASTERS, AS LISTED IN "EXHIBIT A", ATTACHED AND INCORPORATED, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 320284, AUTHORIZED BY RESOLUTION NO. 12-0294, ADOPTED SEPTEMBER 13, 2012, TO PROVIDE SPECIAL MASTER SERVICES ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS; AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM(S), FOR AN INITIAL PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED. City of Miami Page 57 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 12-01307 Summary Form.pdf 12-01307 Award Recommendation Form.pdf 12-01307 Martiza Alvarez, PA- Resume.pdf 12-01307 Victor H. De Yurre, ESQ Resume.pdf 12-01307 Pre-Legislation.pdf 12-01307 Cost Analysis - 01/24/13.pdf 12-01307 Legislation.pdf 12-01307 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item RE.3 was deferred to the February 28, 2013 Commission Meeting. RE.4 RESOLUTION 12-01388 Department of Public 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 ("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 Carollo, seconded by Vice Chair Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez Note for the Record: Item RE.4 was deferred to the February 28, 2013 Commission Meeting. Commissioner Carollo: Mr. Chairman. Chair Sarnoff: Yes, sir. Commissioner Carollo: Can I defer RE.4? Chair Sarnoff: Yes, sir. Commissioner Carollo: Thank you. Chair Sarnoff You need a motion to defer? Commissioner Carollo: Yeah. I make a motion to defer RE.4. City of Miami Page 58 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 RE.5 13-00005 Department of Capital Improvements Program Chair Sarnoff: Is there a second? Vice Chair Gort: Second. Chair Sarnoff: We have a second. You want to defer it to what date? Commissioner Carollo: Next Commission meeting, I'm sorry. Chair Sarnoff: Okay. Todd B. Hannon (City Clerk): That'll be February 28. Commissioner Carollo: That's correct. And again, this affects an area in District 3. Chair Sarnoff: Any discussion? Hearing none, all in favor, please say "aye. " The Commission (Collectively): Aye. Commissioner Carollo: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED NOVEMBER 13, 2012, PURSUANT TO INVITATION TO BID ("ITB") NO. 11-12-054, FROM METRO EXPRESS, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE NORTHWEST 18TH AVENUE ROADWAY IMPROVEMENTS PROJECT, B-30727, IN THE AMOUNT OF $1,058,457, FOR THE SCOPE OF WORK, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $105,845.70, FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $1,164,302.70; ALLOCATING FUNDS IN THE AMOUNT OF $1,164,302.70, FROM CAPITAL IMPROVEMENT PROJECT NO. B-30727; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. 13-00005 Summary Form.pdf 13-00005 Legislation.pdf 13-00005 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-13-0054 Chair Sarnoff: RE.5. Mark Spanioli: Good afternoon, Commissioners. Mark Spanioli, director of Capital Improvements. RE.5 is a contract award for the Northwest 18th Avenue roadway area improvement project. The award goes to Metro Express. They were the lowest responsive and responsible bidder for this project, in the total not -to -exceed value of $1.1 million and change. City of Miami Page 59 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 RE.6 13-00006 Vice Chair Gort: Move it. Commissioner Carollo: Second. Chair Sarnoff. We have a motion by Commissioner Gort, second by Commissioner Carollo. Any discussion? I just have one thing to say to Metro Express. Although you're not the person doing the job, you are the contractor doing the job on US 1. I fully anticipate you to comply and agree to what you said you would do. All in favor, please say "aye." The Commission (Collectively): Aye. Commissioner Spence -Jones: And I want to put something on the record with -- Is Metro Express here? Mr. Spanioli: 1 don't think so. Commissioner Spence -Jones: Okay. You know the conversation we had about Metro Express in my district, right? So we really need to make sure. Vice Chair Gort: Well, one of the questions I was going to ask hefore, when you look at the -- our agenda, you can see all these contracts, how many pages they have, and 1 think they're supposed to he doing it. Who makes sure that the contract's enforced according to the -- what they signed? Mr. Spanioli: Our department, CIP (Capital Improvements Program). Vice Chair Gort: Your department? Mr. Spanioli: Yes, sir. Vice Chair Gort: Okay. 'Cause I think one of the things that happened in the past is there was not really a responsibility to enforcing the contract. Mr. Spanioli: We've got a lot of language in there now that's been modified over the years, including things like liquidated damages and so forth, so they need to finish the project on time, otherwise they get fees incurred of about -- I think it's $1,100 per day on this project. So we do have a lot of -- Vice Chair Gort: Thank you. Mr. Spanioli: -- things in the contract. Vice Chair Gort: Thank you. Let them know. Chair Sarnoff: Okay. Metro, 1 hope you're listening, 'cause if you're not listening, I'm sure there'll he another time they'll come before this agenda [sic] and I think this Commission's learning very quickly how to deal with people. Vice Chair Gort: Well, I'ni sure the Administration will let them know. RESOLUTION City of Miami Page 60 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Program LOCAL AGENCY PROGRAM AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR THE SAFE ROUTES TO SCHOOL INFRASTRUCTURE: FREDERICK DOUGLAS AND PAUL LAWRENCE PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD FROM FDOT, IN THE AMOUNT NOT TO EXCEED $185,180, FOR THE IMPLEMENTATION OF SAID PROJECT, TO BE APPROPRIATED BY SEPARATE RESOLUTION. 13-00006 Summary Form.pdf 13-00006 Legislation.pdf 13-00006 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Samoff, Carollo, Suarez and Spence -Jones R-13-0055 Chair Sarnoff: All right, RE.6, Safe Routes to School grant. Mark Spanioli: Good afternoon again, Commissioners. Mark Spanioli, director of Capital Improvements. RE.6 is an execution of a LAP (Local Agency Program) grant with FDOT (Florida Department of Transportation) for the Safe Routes to School -- Commissioner Spence -Jones: So move for discussion. Vice Chair Gort: Second. Chair Sarnaff: We have a motion by Commissioner Spence -Jones, second by Commissioner Gort. Commissioner Spence -Jones is recognized for the record. Commissioner Spence -Jones: I want to thank Madam. Manager -- Madam Manager? --for pushing this FDOT issue and finally getting it going in the heart of Overtown. I'm assuming -- and Mark pushing as well. I just really want to make sure that when I -- I was told that we were still not complete with the permits, correct? Alice Bravo (Assistant City Manager): Well, we have the approval from the School Board, which was the most important issue holding us back. Commissioner Spence -Jones: Okay, so we should definitely get this started within the next six months, right? Ms. Bravo: Yes. Mr. Spanioli: Yes, ma'am. Ms. Bravo: Absolutely. Commissioner Spence -Jones: Thank you very much. Mr. Spanioli: You're welcome. City of Miami Page 61 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Chair Sarnoff: All right. RE.6, we have a motion and a second? And we do, so all in favor, please signify by saying "aye." The Commission (Collectively): Aye. Mr. Spanioli: Thank you. RE.7 RESOLUTION 13-00168 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A DECLARATION OF RESTRICTIONS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY FOR THE CONVEYANCE OF A PORTION OF THE RICKENBACKER CAUSEWAY TO THE CITY OF MIAMI, FOR THE PURPOSE OF CONSTRUCTION, OPERATION AND MAINTENANCE OF A PUBLIC MUNICIPAL GARAGE ON VIRGINIA KEY. 13-00168 Summary Form.pdf 13-00168 Legislation.pdf 13-00168 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0056 Chair Sarnoff: While they're setting up, I thought I would -- Vice Chair Gort: This is the one I was addressing before. Henry Torre (Director, Public Facilities): Correct. Chair Sarnoff: Yeah. We're just going to wind you up and let you go. RE. 7. You may as well go. Mr. Torre: Good afternoon. Henry Torre, director of Public Facilities. RE.7 is the resolution authorizing the City Manager to execute a declaration of restrictions with Miami -Dade County for the conveyance of a portion of the Rickenbacker Causeway for the purpose of construction, operation, maintenance of a public garage on Virginia Key. Alice Bravo (Assistant City Manager): And ifI may, Chairman, that acquiring this parcel of land from Miami -Dade County at no cost allows it -- makes it possible for us to proceed with the construction of the garage with the financial contributions that both the Rusty Pelican and the Rickenbacker Marina are obligated to make to the City through their respective lease amendments. Chair Sarnoff And I just want to say to everybody on the dais, Alice Bravo has done a magnificent job on this issue. Commissioner Suarez: Bravo. Chair Sarnoff: She listened to me over a year ago -- And Henry, you as well. I mean, you listened to me over a year ago. You had to deal with me ranting and raving, saying we're not City of Miami Page 62 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 moving this along, we're not moving this along. And we had more impediments thrown at us than you could imagine. And Alice has a way of working things through. And Ijust want you to know it didn't go unnoticed and it goes very appreciated. Ms. Bravo: Thankyou. Commissioner Suarez: Mr. Chair, if' may? Chair Sarnoff Yes. Commissioner Suarez: Thankyou. First of all, I'd like to say bravo to Alice Bravo, no pun intended. And I know that's going to get old, tiring, but I think this is the beginning of a new day in terms of the relationships that we have with Dade County. And I think the execution of the Virginia Key, you know, and our solid waste agreement, the Virginia Key landfill, was what really set the predicate for this kind of generosityfrrom Dade County. And lthink, again, when we're analyzing the dollars and cents of transactions, sometimes we don't fully take into account all of the different levels in, farms of compensation that we can get. If we were to value that property, I'm sure the value of it is extraordinary. So, you know, I commend the Administration as well. I commend Alice and Henry and all of you who worked on it. Chair Sarnof: Commissioner Gort. Tice Chair Gort: I'd like to stated the -- I think the relationship we have right now with the County -- I had a meeting at the mayor's office yesterday following up with the agreement that we signed. And it's very good. We might be coming up with some ideas where there's going to he some savings both for the City and the County. And this is the only way you get things accomplished, working as a team. I mean, we all want what's hest fOr the county and for the city that's going to benefit everyone. And this is what it takes, talking to each other. Chair Sarnoff.' No. I -- let me echo those comments. I was at a meeting yesterday. As I said earlier, I apologized for repeating myself to the District 7 Commissioner and Mayor Girnenez. And you could feel a new spirit in the room, there really was, and it was palpable. It was how can we cooperate to get you what you want and how can we help make the City a better city. As opposed to, well, that's your issue and that's our issue. Those were the lawyers in the room, Madam City Attorney. That's how they started out the conversation. But the administrators said to the lawyers, please leave. We really didn't make them leave, but you know, from there, it was just -- it was a new spirit and I couldn't say enough good things about Mayor Gimenez and the County right now and the District 7 Commissioner. We don't use his name. I don't know why, hut wejust call him the District 7 Commissioner. Commissioner Suarez: I was told not to. No, but I'll convey those wishes to the District 7 Commissioner. Chair Sarnof: Please do. Commissioner Suarez: Okay. Chair Sarnoff. All right, so it's a resolution. We have a motion -- Vice Chair Gort: Move it. Chair Sarnoff: We do not. We have a motion by Commissioner Gort. We have a second by Commissioner Carollo. Commissioner Suarez: I'll second it. City of Miami Page 63 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Chair Sarnof f: All in favor, please say "aye." The Commission (Collectively): Aye. Commissioner Suarez: Just a quick question. That's a declaration of restrictions, but is there like another deed? Is there a deed or is that a separate transaction, an actual deed, a transfer? Unidentified Speaker: (UNINTELLIGIBLE). Commissioner Suarez: I was going to say, just as a real estate lawyer/stickler, I mean, it's nice to have a declaration of restrictions, but if ,you don't have a deed, you don't own the property. M. Bravo: Correct. Once the -- Commissioner Suarez: So -- Ms. Bravo: -- County approves it -- Commissioner Suarez: -- you can't restrict the use of a property you don't own. Commissioner Carollo: And -- Unidentified Speaker: (UNINTELLIGIBLE). Vice Chair Gort: You have to go to the mike. Mr. Torre: I wanted to mention one other positive thing about this. By the County giving us this land here, we were able to continue operating this area here, which is part of our marina. This is 36 boats, dry level, and revenue to the City net is over $260, 000 a year, just far this row here. So it's another added benefit of receiving this property. Commissioner Suarez: Thank you. Mr. Torre: Thank you. Commissioner Carollo: And Mr. Chairman, just -- Chair Sarnoff: You're recognized. Commissioner Carollo: Thank you. A quick question, just for verification, and I guess I should have asked the question beforehand, butt just want to make sure. And I forgot what it was called, but there's certain requirements that we need to do. For instance, we need to build a parking garage within five years or so. What's the worst case -- you know, what's the worst case scenario? If the parking garage is not built within that time, then the land reverts back to the County, correct? Mr. Torre: Correct. Commissioner Carollo: So that's -- if we don't Pillow any of -those requirements or whatever you want to call it -- and it has a specific name -- then the land just reverts back to the County, correct? Ms. Bravo: Correct. City of Miami Page 64 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Mr. Torre: Correct. Commissioner Carollo: Okay. Ms. Bravo: And the County understands that we now have other steps to go through and we'll work with those. Commissioner Carollo: Yeah, obviously, and that's why I'm saying 'cause I'm sure, you know, the process won't be easy and 1 just want to verify with that. But yeah, this is a no-brainer. I mean, the County is going to give us the land for free. It's a no-brainer. Thank you. Chair Sarnoff: And think about this, we're actually going to find parking solutions other than asphalt on Virginia Key. And you're about to start the greening process of Virginia Key. Because what you don't see is, with regard to Rusty Pelican, we're going to start greening the peninsula on Rusty Pelican and making the bay walk even larger. So this has a number of moving parts to it that really make,for a better and more walkable solution and a much greener Miami. All right, did we take the vote, Mr. Clerk? We did, right? Todd B. Hannon (City Clerk): Yes, sir, on RE -- Chair Sarnoff: Okay. Mr. Hannon: -- 7? Yes, sir. Chair Sarnof f: All right. RE.8 RESOLUTION 13-00124 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF MANUEL LUCENA, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $122,712.40, 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. 13-00124 Memo - Office of the City Attorney.pdf 13-00124 Memo - Financial Signoff.pdf 13-00124 Legislation.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0057 Chair Sarnoff: So now I think we have RE (Resolution) -- City of Miami Page 65 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Commissioner Carollo: Don't we have a time certain? Chair Sarnoff: We do. -- 8 -- but I'm just trying to get rid of as much as I can -- settlement with Manuel Lucena. Julie O. Bru (City Attorney): Settlement regarding a worker's compensation claim. Chair Sarnoff: All right. RE.8, is there a mover? Vice Chair Gort: Move it. Chair Sarnoff: We have a motion by Commissioner Gort. Commissioner Carollo: Second. Chair Sarnoff: Second by Commissioner Carollo. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff: That's RE.8. RE.9 RESOLUTION 12-00201 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS CANCELING AND TERMINATING THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND OLYMPIA BUILDING PARTNERSHIP, LTD., INCLUDING TERMINATION AND CANCELLATION OF THE SUBLEASE WITH OLYMPIA RESIDENTIAL BUILDING PARTNERS, LTD., TRANSFERRING POSSESSION OF THE COMMERCIAL AND RESIDENTIAL PROPERTY TO THE CITY OF MIAMI, ASSIGNING ALL EXISTING COMMERCIAL AND RESIDENTIAL TENANT LEASES TO THE CITY OF MIAMI, RELEASING OLYMPIA BUILDING PARTNERSHIP, LTD., OF ALL COVENANTS, CONDITIONS, AND OBLIGATIONS ARISING UNDER THE LEASE, SATISFYING LEASEHOLD MORTGAGES, AND ACCEPTING THE TRANSFER OF TENANT SECURITY DEPOSIT FUNDS FROM OLYMPIA BUILDING PARTNERSHIP, LTD., IN SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE OLYMPIA BUILDING PARTNERSHIP, LTD., IN THE CASE OF CITY OF MIAMI VS. OLYMPIA BUILDING PARTNERSHIP, LTD., PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 03-28667-CA-27. 12-00201 Memo - Office of the City Attorney.pdf 12-00201 Legislation.pdf 12-00201 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones City of Miami Page 66 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 R-13-0050 Chair Sarnoff: All right, I think what we're now going to take up is RE. 9 and RE.10, and that is the Gusman. We had a time certain. So you are recognized for the record, Mr. Torre. Henry Torre: Thank you. Actually, RE.10 is the Public Facilities' item. Excuse me, Hemy Torre, director of Public Facilities. RE.9 is the City Attorney's Office. Julie O. Bru (City Attorney): The first item related to this matter, it has to do with resolving a lawsuit that's been pending now for almost a decade. I briefed you individually on it. And I have Mr. Assistant City Attorney Christopher Green here, who's been litigating it over the last four or five years. So if you have any questions on it -- 1 don't think that lawsuits are normally discussed, but ifyou have any questions on it, he's available to answer them. Chair Sarnoff: Mr. Green had, I think, dark hair when I first started. All right, is there a motion on -- Vice Chair Gort: Move it. Chair Sarnoff' -- RE.9? There's a motion. Is there a second? Commissioner Carollo: Madam City Attorney, this is the issue with Gusman/Olympia that has been litigated for many, many years? Okay, second. Chair Sarnoff • All right, we have a second. I don't think -- anybody want to have any discussion on RE.9? Hearing no discussion -- Commissioner Carollo: Not on this. Chair Sarnoff: -- all in favor, please say aye." " The Commission (Collectively): Aye. RE.10 RESOLUTION 12-00363 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. City of Miami Page 67 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 12-00363 Summary Form.pdf 12-00363 Legislation (Version 3).pdf 12-00363 Exhibit 1 SUB.pdf SPONSORS: HONORABLE MAYOR TOMAS REGALADO VICE-CHAIRMAN MARC SARNOFF DEPARTMENT OF PUBLIC FACILITIES Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Noes: 1 - Commissioner(s) Carollo R-13-0051 Chair Sarnoff: RE.10. Henry Torre (Director, Public Facilities): RE.10 is a resolution authorizing the City Manager to enter into a management agreement for a term of 15 years, commencing retroactively through April 1, 2011, with three 15-year options, with Olympia Center, Inc., far the development management and use of retail and housing component at the Guzman Center. Chair Sarnoff: All right. Is there a motion? Vice Chair Gort: Move it. Chair Sarnaff: We have a motion. Is there a second? Commissioner Carollo: Second for discussion. Chair Sarnoff: All right. Discussion. Commissioner Carollo's recognized for the record. Commissioner Corolla: Thank you, Mr. Chairman. First of all, I'd like to start by saying that -- and I see, you know, many of the members that have come before us in the past with regards to the Gusman and Olympia Center and now with regards to this separate item. By the way, thank you for the work that you're doing. And I know that you came to meet with me and I appreciate that you came and spent some time with me to explain that item. And do want to say -- andl see Mr. Echevarria, Ms. Lake, I mean, Mr. Treva, Mr. Patina, I think. So I do want to say that, you know, back-- it's been -- it's definitely been over a year now, year and a half ago, so you came before us and, you know, asked with regards to taking over the Gusman Center and, you know, there were some tough questions, but at the same time, you know, I took a leap of faith and I voted in favor of it. And now you're corning before us again for -- I don't know if ,you call it a second part, but you know, a different area now with affordable housing. And in our meeting a few days ago, you know, I requested, you know, some very reasonable information, you know. I men -- you know, 1 requested it. And Ms. Lake, if I'm saying anything that's -- or any of you, 'cause I think you were all there, except Mr. Treva. You know, if any of the things that I'm saying is incorrect, you know, please forgive me and please let me know. But I think requested, you know, very reasonable information, you know, current, year-to-date numbers, and you know, I mentioned as far as the audited financial statements that were actually supposed to be due November 30. Without making a long star -- you know, instead of making a long story -- instead of going on and being long-winded, I'm going to make a long story short. And the bottom line is I still have not received current, year-to-date numbers. The only thing I received was a balance City of Miami Page 68 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 sheet, as of December 31, 2012, which is showing a $95,000 loss in net income. Now, with that said -- listen, if Pm being unreasonable -- you know, Ms. Lake, whoever's doing the financials, come and speak to me. But the bottom line is, very reasonable information I requested I have not received and, therefore, I'm not going to be supportive of this item. Thankyou. Commissioner Spence -Jones: Mr. Chairman -- I'm -- Chair Sarnof f: You're recognized, Commissioner Spence -Jones. Commissioner Spence -Jones: -- sorry 1 missed some of your stuff. 1 guess it was basically Commissioner Carollo and I that kind of dealt a lot on this issue. Commissioner Carollo: And, Commissioner Spence -Jones, as a matter of fact -- and it's your issue, so I'm not going to get into it. But I was under the impression that there may be some RFP (Request for Proposals) or that we were going to seek other options so -- And, again, I'm not going to go into details because 1 know that was, you know, something you had mentioned in the past, but I just wanted to see other options, and I thought we were going to get other options. So Commissioner Spence -Jones: Right. Commissioner Carollo: -- with that, you know, 1'11 relinquish the floor. Thankyou. Commissioner Spence -Jones: So -- first of all, just know this. If -- you know, if one of the Commissioners up here is still uncomfortable or still needs additional information, we've always made it a policy to try to at least allow for that information to he given. I have been working with Henry and Madam Manager over the last at least month trying to make sure, you know, one, 1 understood the overall objective in what we were trying to do in making sure some of the key things were put in place to address my concerns. So I do -- I would like for Henry to put on the record, to make sure all the Commissioners know, what those adjustments that I wanted to have made made. They understand what's changed from the original agreement to now. Mr. Torre: Sure. Commissioner Spence -Jones: I think that's important for you to put on the record. Mr. Torre: Sure. Commissioner Spence -Jones: And then I know I gave the final change to Madam Manager two days ago. So can you put what the changes are from now to --? Mr. Torre: Absolutely. I can explain it. The a fordability period has been established to expire March 17, 2017. Prior -- six months prior to the end of the affordability period, we will be sending out an -- Alice Bravo (Assistant City Manager/Chief of Infrastructure): Eighteen months. Mr. Torre: -- RFLI (Request for Letters of Interest) request -- Ms. Bravo: Eighteen months. Commissioner Spence -Jones: Eighteen. Mr. Torre: Eighteen months prior, okay. Eighteen months prior to that, we will be sending out a request far letters of interest to those parties interested in redeveloping and renovating the -- City of Miami Page 69 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Commissioner Spence -Jones: Okay. Mr. Torre: -- a portion of the housing. Commissioner Spence -Jones: Okay, let's stop with the first part of it. I'm sorry; I just want to make sure we're clear. So before no one could give us an answer on when the affordability period ended. We were thinking it was 2015. For a long time we thought that's what it was, until about a week ago. A couple of days ago we found out from Madam Manager that it was 2017. So that kind of shifted things a bit because now you're talking about what I was originally wanting to have happen for 2000 -- if this is ending in 2015, Commissioner Carollo, is to definitely go ahead and put this out, right, to look at the options because it would now transition from maybe perhaps being an affordable project to perhaps being a boutique hotel or office lofts or something along that lines, which means that we would have had a shorter period, which means we could have put out the RFP a lot quicker. So once I found out the 2017 date is the new date, what we were able to work on and decide to do was okay, let's give them. a little bit more time. Because what was explained to me by Herman -- and we now have at least a -- I'm going to say at least a talking relationship from the standpoint of understanding his goal. What was expressed to roe, Commissioner Carollo, was as he's not only getting support to keep the Gusman Theater running or operating at no cost to the City, he has the issue of the retail space on the bottom, okay, that could he now transformed to he, you know, a lounge or a cafe or something to that effect to support the theater. What was communicated to me is when -- if he does not have clarity of what this partnership is with the City, then he cannot now go out to get more people to invest in the project because he still has this thing hanging over his head with an RFP going out on the issue. So I kind of understood it after he explained it, because I know how difficult it is to get projects done in general, just in general. But then when you add that extra layer of a potential investor or a potential donor or potential restaurateur not wanting to do business with you because, quite frankly, in six months or less than six months, it could be said to them, Hey, look, to that individual. That individual could feel like why am I putting my money in resources when the City can come back in six months and take it away. Mr. Torre: Correct. Commissioner Spence -Jones: So it gave me just a different insight on -- and then 1 think Madam. City Attorney, one of us, we also talked about this issue of trying to figure out a way to make it happen. And I think the resolution in all of it was to start the RFP process in 18 months prior to that so that we could put it out so that when that 2017 period ends for the affordability period, then that would open us up to look at other options to do that. so that's why I kind of -- that's why nav feeling on it kind of shifted, because at the end of the day -- and it's not about Herman and him saying I'm going to throw you back the keys, 'cause 1 think Herman has thrown us the keys about ten times non' already. So, obviously, he is connected at the hip to the Gusman, far some reason. I'm not really sure what that reason is as ofyet. But was willing to make those adjustments, you know, as long as we can still put it out for RFP within that 18-month period, opening us up to look at other options. Now, what I did ask to have also added, Commissioner Carollo, is that hecause he has all of these great, grand ideas and potential people that want to come into the Gusman, 1 asked that any project that the redevelopment efforts of the Gusman would come back in front of the City for us to approve before he moved forward to make sure that the sitting body that's up here is pleased with what he's planning on putting in the facility or who he's been able to bring to the table, and I'm assuming that language is -- Mr. Torre: Yes. Commissioner Spence -Jones: -- in there. Mr. Torre: Commissioner, it's under Section 4 point -- City of Miami Page 70 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Commissioner Spence -Jones: Now, my chief of staff just mentioned to me that the language that you don't have in the agreement right now, it does not say 18 months. It says prior to. So I want to make sure that you put an the record so that we're clear. Mr. Torre: Absolutely. Ms. Bravo: Yes. We'll amend the item -- propose to amend the item to include the 18-month time period. Commissioner Spence -Jones: I'm just learning from -- where's Danny? So, Danny, do you hear the statements? I'm making it very clear on the record that 18 months is a part of the revision -- because I don't want it to be like, Oh, whatever you guys say up there is not factual until you say it needs to be put in the rec -- on the record, in the document. So I'm making it very clear that it should include the 18 months -- Ms. Bravo: Right. Commissioner Spence -Jones: -- okay. And it should include -- it was 18 months and -- Mr. Torre: March 17, 2000 -- Ms. Bravo: Prior than the affordability period, so it would be September of 2015 where the advertisement would occur. Commissioner Spence -Jones: Right. And then it was two items. It was -- Ms. Bravo: Yes. The -- your second point was Section 4.3, presentation of renovation plans -- Commissioner Spence -Jones: Right. Ms. Bravo: -- by the provider. The City and provider agree that any renovation plans contemplated by the provider for the property shall he presented hefore the City Commission for discussion prior to the execution of such renovation plans. Commissioner Spence -Jones: Right, discussion. Right. So those are my two. And I just want to be clear, Henry, that's what you were comfortable with? Mr. Torre: Absolutely. Commissioner Spence -Jones: Alice, that's what you were comfortable with. And you guys are comfortable with it. So on my end, I just wanted to make sure you knew, Commissioner Carollo, that they kind of worked through the details for me, so I'm a little bit more comfortable on it. But I do support you. If you feel like you still need to have the numbers, I'm mad cool with that. Commissioner Carollo: I've requested the numbers; 1 haven't received it. 1 could tell you that this has been deferred for I don't know how many times. Vice Chair Gort: A year and a half now. Commissioner Carollo: I'm more than ready to vote. Commissioner Spence -Jones: Okay. Chair Sarnoff: Commissioner Gort is recognized for the record. City of Miami Page 71 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Vice Chair Gort: I'd like to give a little history. My understanding is, the debate that we had in front nfus a year and a half ago, we going to close the Olympia Theater. The Mayor came out and talked to some of the people in the private sector, talked to Herman Echevarria, and Herman Echevarria came up with an idea where he stated he will give 50 people to give $10, 000 a year, creating funds of half a million dollars to get it going and to fund it and come up with ideas to keep it alive. Now, as past member and chairman of the DDA (Downtown Development Authority) and chairman of the Downtown Business Association president, downtown at this time, Gusman Hall is a significant important to get it going. The reason being, if you look all around the Central Business District, developments are being taken place, which mean if the Central Business District, we do not do something soon, Flagler Street is going to die. I can tell you that, and I've been telling that -- some of my friends, they own property in that area. So it's very important. And I understand, for a whole year we have gone hack and forth. And I think Carollo -- Commissioner Carollo is good on this. We discuss it and we come up with good ideas and we come up with good terms, hut think we need to vote today. We can't postpone this anymore. I think a lot of change has been taken place. 1 think all Otis have met with them, and I really truly believe that we need to make a change. Because when you have people make a commitment and they're going to make a commitment of $10,000 a year for five years, they going to know that it's going to he accepted. If not, they're not going to give their money, and you can't blame them. That's about it. Commissioner Spence -Jones: Okay. Chair Sarnoff' Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. I guess I was the swing vote when we voted to give control of the actual Gusman Center, and -- you know, one of the things I don't avant this to become similar to what happened with Mitch Berger when he was here giving his pro bono legal opinion is a no -good -deed -goes -unpunished type of situation. You know, you have obviously people ii'ho are -- you know, I imminently respect in the community, Herman Echevarria, Ralph Patino, and Carlos Treva, who are donating their time to save what is a treasure for the City of Miami. And I think we, as a hoard, have kind of done our part in many ways. I mean, we voted to expand it -- to expand the revenue by approving the hoards which were, you know, kind of a controversial vote. We sided with the Gusman and tried to find ways to help alleviate the burden that you all are carrying. And now I think we're being asked to transfer the control of the apartments for a period of time, and I think that will also help in the process of helping you become viable and a going concern. You have -- one of the things that lthink distinguishes you -- and I'm not very persuaded, by the way, by the -- we need more control for the donors' argument 'cause there's other agencies and there's other properties that groups similarly constituted as yours may make that argument with. What 1 think differentiates you is that you have actually put your money where your mouth is. You have actually demonstrated a track record of going out there and finding the actual donors. And as far as I knew -- and, of course, I don't think Commissioner Carollo has received the information that he's requesting, and I think he should he able to and should he given it. As far as I knew, Mr. Torre, we had ah-vat's been told that for the time that they've heen in control of the center, their bookings have gone up and the center is being run at no cost to the City. Is that an accurate statement? Mr. Torre: That is accurate. Commissioner Suarez: Or is that an inaccurate statement? Mr. Torre: That is accurate, Commissioner. Commissioner Suarez: Okay. Now, I can understand Commissioner Carollo's desire to want to see the proof of that. I think that's what you're asking for, and I think that's a very reasonable City of Miami Page 72 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 request. Commissioner CaroHo: When we approved the initial term, the initial agreement, it was stipulated that we would receive audited financial statements by November 30 of the year. We have not received it. I understand there was some personal matters or issues and -- which, you know, I understand, so we gave them an additional extension of 120 days, which I did not know. But the bottom line is when we agreed to this, there were certain things that were stated in there and, actually, as a matter of fact, it was reasoning for nie to do a yes vote. Commissioner Gort mentioned 50 people -- Commissioner Suarez: That's where I was going, yeah. Commissioner Carollo: -- at, I believe, $10,000 a year and stuff like that. Listen, last time I mentioned some of these points that I think are very key, I got a little heated and I'm not looking at it to get heated again. The truth of the matter is, you know, I made that vote on certain representation, and one of the representations, that there will be audited financial statements by November 30. We are in January and I still have not received audited financial statements, and I haven't even received this year's current, year-to-date numbers, and I think that's very reasonable, you know. Commissioner Spence -Jones: Okay. Can -- Commissioner Suarez: Can I -- yeah. Commissioner Spence -Jones: If you don't mind -- I'm sorry. Commissioner Suarez: No, no, go ahead. Mr. Torre: Commissioner, if I can -- Commissioner Spence -Jones: Commissioner Sua -- Mr. Terre: IfI could just interject. The agreement that was signed originally for the Gusman Theater did not require -- have any language of 50 people. It had language of donations. So that is not something we would admini -- Commissioner Carollo: Understood. But the representation was that there will be. What was -- Commissioner Spence -Jones: It was put on the record. Commissioner Carollo: Right. What was the reasoning,for this organization to take over? Because there was going to be a lot of prominent people in the community that were going to step forward and make up the difference to be able to be a self-sustaining organization. Mr. Terre: Right. Commissioner Carollo: And, again, listen, the bottom line is, you know, I don't want to hear -- you know, rain on anyone's parade and stuff, but at the same time, you know, I have a fiduciary duty to the City of Miami, the City residents, and I'm stating the facts, and that's why I'm saying that I cannot vote for this item right now. Commissioner Spence -Jones: Can I ask a quick question, if you don't mind, because 1 would like for the representatives from the organization to at least respond to what the Commissioner is speaking of and that is in reference to the audited financial statements. I think it's important for you to put something on the record. I think it's important. I mean, he's asking for information City of Miami Page 73 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 that is reasonable and I think that he should put that on the record. Ralph Patino: Good morning. Ralph Patino, on behalf of the Gusman. First n f all, Commissioner Carollo, we met with you last week, and we diligently acted upon your request and provided Henry Torres -- Torre with the financial statements and accounts -- compilation report, dated September 30, 2012. I apologize that you did not get it. I have it here for you. III may approach, I'll he more than happy to hand it to you. I don't disagree -- Commissioner Carollo: I -- nkay. Mr. Patina: Hold on. And I don't disagree with you that you have not received the audited financial report that you requested. We did ask for a 120-day extension. We got the 120-day extension, which is due at the end of February, and you will have it timely. The reason why -- or the end of March, I should say. And the reason why you didn't get it is that our accountant, as you know, had a death in the family and he wasn't able to provide it to us. And he working pro bono. Commissioner Carollo: Real quick. Mr. Patino: Yes, sir. Commissioner Carollo: Just to cut to the chase, that compilation that you have, is it current year-to-date? Is it as of what date? Is it as of December 31, 2013 [sicJ? Is it as of January 31, 2013? Or is it last year's numbers? Mr. Patino: It is last year's numbers. Commissioner Carollo: Okay. So again -- and that's why, you know -- and -- listen, I don't want to get into all the details, but I -- you know, we've been around this awhile. Mr. Patino: We have. Commissioner Carollo: You know, let's leave it as is. Mr. Patina: And I won't tell you the bottom line here to all of you. Commissioner Sanf, as you said earlier, Herman Echevarria, myself, Carlos, and hunch of other good folks here in Miami decided to undertake this venture, Madam Spence -Jones, not jbr any ulterior motive. We are businessmen, professionals. We want Miami to prosper as all of you do. We want downtown to flourish as all ofvou do. The Gusman, it's very simple, it a gateway to Flagler. And to this day, it sits there with scaffolding and sort of an eyesore. And it's really a diamond in the rough because if you go inside, it's just the opposite. We were fortunate enough to have the largest -- and I don't know if any of you know this or not, but we had the largest campaign or debate watch party in the Presidential Election in the entire United States at the Gusman Center, and we done it all through contributions that people make. Having said that, when we took this over a year and a half the City was paying over $300, 000 a year in subsidies. You have not paid one cent since we took it over. Not one cent. 1 understand that you want to see audited financials, and you're going to get them, but we need to move, forward with this project. We have -- Commissioner Carollo, we have, like you said, mulled this over too many times. Please act. We need your vote to get this going. And you will have the audited financials and hopefully, we will make you proud of the fact that you took this decision today so that we could have a Gusman Center in the future. Thank you. Chair Sarnoff • Thank you. Mr. Echevarria, Mr. Patina, Margaret Lake, first off, on behalf of the District 2 Commissioner, I want to thank you for swimming upstream like no salmon has ever swain before, because we have done everything we could do as a city to discourage you as City of Miami Page 74 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 opposed to encourage you for doing this. I am still trying to figure out what is a citywide issue and what is a District 2 issue, 'cause what I've been able to understand is when it comes to financing, it's a District 2 issue, but when it comes to managing it is a citywide issue. Commissioners up here were more than glad to defund this theater, despite funding other theaters in their districts, and have sat up here and have determined how it is this theater should operate, despite the fact we no longer are going to he the operator of the theater. The Mayor and I,, and I think it was within his first three months of being elected, went to the Friends of Gusman, who I think are well -motivated people. However, I think they have raised, collectively, zero dollars, and that's an issue with everyone -- when I hear the name friends of something, usually it doesn't bode well for the financing end of that friendship. But Mr. Echevarria stepped up, and you know, candidly, I didn't know him. I think he knows me more than he cares to know me now. The Mayor stepped up and he said, I think have a plan. And if we're ever going to become a city that does public private partnerships, three Ps -- and you heard it in the President's State of the Union Address, he broached on it in his inauguration, public -private partnerships. There has got to he a relinquishment of control to the private sector while they have to be goad stewards of what is still a public asset. So, you know, we're still funding a lot of theaters in the City of Miami, and we were more than glad to defund the Gusman. We were more than glad to get that liability off of our hooks. And if it wasn't for Mr. Echevarria, Margaret Lake, who I still wonder if she's thinking did she make the right decision in moving here; and Mr. Patino, who -- everything seems to fall on his shoulders. If it wasn't for these three people to keep the Gusman going, I just don't think it would have happened. And I don't know where Herman will take this or not take this, and I certainly hope he takes it to what 1 believe is his vision and I share in his vision, because far those of you that don't know Flagler or the street -- I call it -- andl think Commissioner Gort gets it entirely right. It is probably the aorta of the downtown of Miami. While Biscayne Boulevard, you know, might he the left ventricle, that is probably the aorta. And we need to really pay attention to Flagler. And it wasn't done right years ago, and we need to get it done right this time. So I think you're looking at ground central when it comes to Flagler. And I've walked that street, Mr. Mayor, 1 don't think it was even a week ago with our head of Public Works, Zerry Ihekwaba, and it wasn't in good shape. And the downtown needs to get -- it's now up to 43 percent of the City of Miami tax base. It simply needs more resources, and we need to give it the resources it needs. But really believe in Mr. Echevarria. I really believe in Margaret Lake. Let me just say something about Margaret Lake. I got to tell you guys, I'm going to call you the hest salmon I've ever seen in the world 'cause why you continue to swim with what we throw at you, 1 don't know, but thank you. for doing it, thank you for persevering, thank you for being good citizens. 'Cause I think it was the President that said, What is a citizen? Well, you are the definition of citizens. You're people that are out there doing things that necessarily don't bring you accolades from elected officials, don't bring you accolades from people who, 50 years ago, inherit things, and all you are is criticized. And it will he through your vision and your hard work, through your sweat equity that will either make the Gusman the theater it can be or we will leave it just where it is today with scaffolding an and -- You know, I -- when I first came to office, Mr. Echevarria, I was shocked to see the Gusman because the exterior of the building was in horrible shape, but the interior of the building was gorgeous, and Pin thinking to myself, how do you fix the inside before you fix the outside? But that's how we do things here in the City of Miami, just the opposite of the way the private sector does things, because while the outside is falling apart, the inside is gorgeous. So with that said Commissioner Carollo: Mr. Chairman. Chair Sarnof f: Yes, sir. Commissioner Carollo: Thank you. Just a couple of things you said. And, you know, 1 really don't want -- do not want to engage, but I feel that I have to, and I want to start by saying, believe me, I want to see this Gus -- the Gusman Theater -- I want to see this theater succeed. I want all of you to succeed because if the Gusman succeeds, the City succeeds and we all City of Miami Page 75 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 succeed. So, believe me, I want to see this theater succeed, and I will help and I will do whatever it takes, you know, to help so it does succeed. However, I, too, have many times wondered what is a citywide issue and what is a district issue. And 'just want to correct the record, and I'll he glad to go back to the minutes and back to the newspaper clippings, because as far as 1 know, this Commission never took a vote to defund the theater. We never said we were going to defund the theater. As a matter offact, we were asked not to fund it anymore. And, to a certain degree, through newspaper clippings and through statements to the news media, we were told that we were not going to fund the theater anymore. So I want to make sure the record is clear, because at least this Commissioner never said thatl wasn't going to fund the theater anymore. Those were statements made by other Commissioners and possibly the Mayor. 14n not going to say who, but you can go back in history. But like I mentioned before just a few hours ago, you know I've been told that in the City of Miami, people have a short memory, and I just want to make sure that the record is clear, that this Commissioner never said we -- I wasn't going to fund the theater and this Commission, as far as I know, never took a position that we weren't going to fund the theater. Yes, did we pass a budget with no funding for the theater? Yes, because why? It was mentioned that this group was going to come in and take it over and all this stuff. However, there was never any debate or issue with regarding to this Commission notfunding the theater. It was actually pretty much -- and I remember, it was a rookie Commissioner, and I read in the paper, Oh, City of Miami is neglecting to fund the theater, and all the outcry started pouring out, except that, well, here conies a white knight that is going to form this organization and then, you know, we're not going to have to fund the theater. So I just wanted to clear that for the record. And, again, I'm really trying not to engage. I -- you know, 1 think we should just take a vote. Commissioner Spence -Jones: And -- I'm sorry. Ijust want -- Commissioner Suarez: I want to say something ton. Chair Sarnoff • Well, Commissioner Suarez was next. Commissioner Spence -Jones: Okay, no problem. Commissioner Suarez: I just -- let me see -- wanted to say that there is one thing that hasn't been discussed here today, which is that we do have a six-month cancellation provision if 1 think, it's without cause, if I'm not mistaken? Mr. Torre: Correct, correct. Commissioner Suarez: So, if for some reason, we feel either that the audited financial statements, once given, do not reflect whatever reality we were told they were supposed to reflect or -- you know, we have options. This is not a -- an interminable agreement, but I think that the people who are here have, you know, demonstrated a tremendous amount of patience with this Commission and have also, you know, done a very good joh of actually going out to the community and getting people to pledge funds to basically, as Henry said on the record, not -- for it not to cost the City nfMiami any money. Now, whether there's a long -tern viability to that, I think it's one of the things that you've continually harped on, is there -- you know, 'cause when it was prepackaged to us, it was prepackaged as a long -tern viability option. And I think they've done enough to merit our support at this point. And obviously, we have the ability to continue to analyze whether they're successful, whether they, in fact, do meet their goals in terms of creating a long-term viable plan, and you know, we always have the right to cancel if we don't feel that those things are happening; or, if it starts becoming a burden on the City, you know -- and I think the MPA (Miami Parking Authority) was returning it -- was running it before so -- at a 400,000 or $300,000 subsidy, annual subsidy. So I feel comfortable enough with the people who are here. I know them very well. And I think they've done a lot to try to save this jewel and, you know, I just wanted to throw that out there. Maybe it would comfort the Commissioner a little bit City of Miami Page 76 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 if fwe didn't discuss it, so I wanted to put it out there, that we do have a six-month option to cancel if, you know, information is not free flowing, if the long-term plan hasn't been developed in a way that we feel comfortable with, or if we feel that somehow their efforts are actually regressing the development rather than promoting the development. So I'm going to be supporting this today. And hopefully we'll get those consolidated financial statements on time. I know you're very busy. He just said that auditors are working on it and they'll have it on time. So, thank you, Mr. Treva. And I have confidence in your ability to make it happen. So that's it for me. Thank you, Mr. Chair. Chair Sarnoff: 1 want to call the question, 'cause 1 think this is not going to get us anywhere. Let's just call the question. Commissioner Spence -Jones: But 1 just -- Commissioner Carollo: So moved. Commissioner Spence -Jones: -- I want to make a statement though. I can't make a statement? Chair Sarnoff: You feel the need? Commissioner Spence -Jones: Yes, I do. Chair Sarnoff • Okay. Commissioner Spence -Jones: Thank you. Ijust -- I was going to piggyback on Commissioner Suarez. And I wanted Commissioner Carollo to feel comfortable in knowing that that was one of the main things that we pushed, to have the six-month, you know, clause in there, you know, 'cause, clearly, 1 had issues and concerns as well. But after us having this discussion and working along with the City Attorney's Office to know that, okay, if there are issues that come up later on that we're not comfortable with, we have the right to change it. I do avant to say something, too, Mr. Chairman, just so that we're on the same page, and that's just piggybacking off of Commissioner Carollo. I wasn't here for the vote so I don't know exactly what happened, you know, without me being here. But the statement about us fellow Commissioners addressing this issue, I wasn't here during that time. I do know, however, after sitting up here.fbr almost eight years, that every single -- almost every single year that the Gusman came up as a part of the budget, it was always a issue about whether or not we had the monies to pay for it, but we always paid for it, you know. So -- and I don't know where Art is, 'cause Art at the time was the person running the theater. So this was just always a discussion, but it was the same discussion that we would have with other venues and other things that we wanted to make decisions on. But the City has always been a big supporter of the theater, from the standpoint of at least keeping the doors open. Now, in closing on that, I do want to say, there was a statement that was made about, you know, not weighing in on other theaters, you know, in other communities, you know. I think it's really important to say the difference between the Gusman and Bayfront Park, the Amphitheater, 'cause those are considered to he citywide jewels or citywide venues. When we start talking about neighborhood theaters, you know, in our neighborhoods, like Hadley Black Box or the Little Haiti Cultural Black Box, they're small little theaters that go into neighborhoods and they are part of the Park system usually so -- or either Public Facilities. So it's a little different. So I think it's important, you know, for us all to acknowledge, when we're talking about big venues that really have citywide impacts, not neighborhood impacts, that we should all be able to weigh in on those issues because it's important to the City. So I just want to make sure we're dear on that, because I know we've run into that issue in the past. So that was my only issue. Chair Sarnoff: All in favor, please say "aye." City of Miami Page 77 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Commissioner Suarez: Aye. Commissioner Spence -Junes: Aye. Tice Chair Gort: Aye. Commissioner Carollo: No. Vice Chair Gort: By the way, when we made the decision, we had the unions here because we had a deficit of $100 million. Chair Sarnoff: Correct, we had $100 million and $60 million in capital reductions. Commissioner Spence -Jones: Are we -- I'ni assuming we're taking a break? Chair Sarnoff: Yeah, we're in recess for lunch till 3 o'clock. Commissioner Spence -Jones: 3? Chair Sarnoff: It makes no sense to -- Commissioner Spence -Jones: 3? RE.11 RESOLUTION 12-00735 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Purchasing ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION SELECTION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 295279, THAT KENT SECURITY SERVICES, INC., IS THE HIGHEST RANKED FIRM FOR THE PROVISION OF SECURITY GUARD SERVICES CITYWIDE; AUTHORIZING THE CITY MANAGER, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR A PERIOD OF THREE (3) YEARS, WITH OPTIONS TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS CITYWIDE, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER, SHOULD NEGOTIATIONS FAIL WITH THE HIGHEST RANKED FIRM, TO NEGOTIATE AND EXECUTE A PSA WITH THE SECOND HIGHEST RANKED FIRM OF SECURITY ALLIANCE, LLC; FURTHER AUTHORIZING THE CITY MANAGER, SHOULD NEGOTIATIONS FAIL WITH THE SECOND HIGHEST RANKED FIRM, TO NEGOTIATE AND EXECUTE A PSA WITH THE THIRD HIGHEST RANKED FIRM OF P.G. SECURITY, INC. D/B/A/ PLATINUM GROUP SECURITY; FURTHER AUTHORIZING THE CITY MANAGER, SHOULD NEGOTIATIONS FAIL WITH THE THIRD HIGHEST RANKED FIRM, TO REJECT ALL PROPOSALS AND ISSUE A NEW RFP SOLICITATION. City of Miami Page 78 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 12-00735 Summary Form.pdf 12-00735 Memo - Selection of Eval. Committee for RFP.pdf 12-00735 Memo - Recomm. of Eval. Committee for RFP.pdf 12-00735 RFP #295579 - Security Guard Srvcs. Citywide.pdf 12-00735 Legislation.pdf 12-00735 Exhibit 1.pdf 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 RE.11 was deferred to the April 11, 2013 Commission Meeting. Chair Sarnoff All right. I think I misnamed this, but let's go to RE.11. I know there are people been sitting out there for a while. So is Mr. Robertson --? There you are. Ken Robertson. Kenneth Robertson: Good afternoon, Commissioners. Kenneth Robertson, Purchasing director. RE.11 is a resolution accepting the recommendation of the City Manager approving the findings of the Evaluation Selection Committee, pursuant to RFP (Request fOr Proposals) 295279, that Kent Security Services is the highest ranked firm for the provision of security guard services citywide; and authorizing the City Manager to negotiate and execute a professional services agreement for a period of three years, with options to renew for three additional one-year periods. Commissioner Spence -Jones: Mr-. Chairman, I do have a question, but I don't know -- Chair Sarnof: Do you want to do a motion first or you want to just ask your question? Commissioner Spence -Jones: Let me ask my question first. Chair Sarnoff • Go ahead. You're recognized for the record, Commissioner Spence -Jones. Commissioner Spence -Jones: Thank you. I guess what I really wanted the Purchasing director to kind of just clear up, I know that one of the things that we've been briefed on or my office has briefed on was based upon the understanding that we had was that the City had no performance issues with Kent, correct? Mr. Robertson: Correct. We have no negative performance evaluation documentation on form for Kent Security. Commissioner Spence -Jones: All right. I think the issue, however, had something to do with prior payment concerns? Mr. Robertson: Correct. There are some historical compliance issues with the current contract with regard to our living wage ordinance. A complaint was filed in early 2011 f om some covered employees who work fbr Kent. At the time, I audited their payroll from April 2009 through the then current period and found some areas of noncompliance, hut Kent then brought those payments whole to the workers who were being underpaid the then current rate. Now at dispute with regard to that is which rate are we talking about. This contract was awarded back in April of 2007. When the bids came in, there was a certification question that asked all bidders, Do you provide a health benefit plan for your employees? Kent's certified answer to that question was yes. When the contract was awarded and per our living wage ordinance, there are two hourly rate structures: the hourly rate for employees who have a benefit plan and a rate that's $1.25 higher per hour for those employees who do not have a health benefit plan. As awarded for the first fOur years of that contract prior to receiving the living wage complaint, the City of Miami Page 79 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 contract had been always administered from day one with only one hourly rate in the contract, assuming that all employees had a health benefit plan. From that point of view, there may be areas of noncompliance that have not been addressed prior to July 18, 2011. And I agree that if the Commission would like to look into that, that's certainly an option with regard to our current contract. Our current contract has an audit rights and records retention clause for three years. We can look at any records for the last three years upon final payment of the current contract. With regard to responsibility, Kent has been very responsive and responsible in terms of providing all documentation that I've asked of them. We've resolved the issue and Kent has certified compliance with living wage from July 18, 2011 through today. I have complete audited certified payroll from. April 2012 through today for the whole year and everything is in compliance. They're paying the correct rates. Now the question is, Kent has been our contractor, performs very well for the last six years. This issue never came up for the first four years of the contract, so how do we proceed at this point? What would you like to do? Commissioner Spence -Jones: All right. Let me just say this. First reall, I have no issues with Kent, the people that work here. Many of the folks that actually work here live in the City, live in the district, you know, and they're hardworking people, so this is not about Kent. I think that -- and as a matter offact, up until yesterday when we had our briefing, I really didn't have an issue with it 'cause I definitely don't want to hurt people that are hardworking people and they're just doing their jobs. My concern became -- came around was -- was centered around the issue of the City's living wage ordinance, and to my understanding, that there was some hack pay that some of those employees never received. So then the question became, how to re -- award a new contract if they have not made -- you know, made those employees whole. So ill can just -- if you don't mind and my fellow -- I don't know if you guys were aware of this. I didn't get it until yesterday. I'd like for them to at least -- the group that's here to at least put on the record their concerns, if don't mind, Ken -- Mr. Robertson: Of course. Commissioner Spence -Jones: -- so that -- and is Kent here? Oh, you're here. Okay, good. So this is not about, you know -- we love the employees that work here; they're great and they're hardworking people. But you know, if there is something that's owed to these employees, you know, I want to make sure that there -- that it is going to he resolved 'cause it a little unfair to folks that have to try to take care of their, family. So do you want to at least put something on the record because our Purchasing director has, you know, basically, kind of stated that it's been handled, right? Mr. Robertson: The noncompliance has been handled with regard to the way the contract was awarded in terms of the lower hourly rate and the living wage ordinance. There has been hack payments for the lower rate. The question is -- and both parties may have differing opinions on this matter -- is the entitlement to pay back payments using the higher rate when the employees declined the health benefit plan that was offered to them by Kent. Commissioner Spence -Jones: Okay. I just want her to put -- if you don't -- I want to just he respectful and put something on the -- Tice Chair Gort: The question is, we pay them for the highest hourly rate, right? Mr. Robertson: No. We were paying throughout the entire contract term the lower rate with a then marginal multiplier -- Commissioner Spence -Jones: And this -- Mr. Robertson: -- to come up with our contract rate. City of Miami Page 80 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Commissioner Spence -Jones: Right. And this included the living wage, right? Mr. Robertson: It was always at the correct living wage every April 1, but we awarded it using the lower rate, assuming that there was a health benefit plan provided. Vice Chair Gort: My understanding was you stated that if they had a health program, they would be paid less if they didn't have it. Mr. Robertson: Correct. So that's why -- Tice Chair Gort: If they had -- Mr. Robertson: -- we award at the lower rate. Vice Chair Gort: Okay. Chair Sarnoff • But the City, you could argue, had an expectation that they weren'tforcing the employees to pay the dollar or dollar something for that health plan. 'Cause when we paid the lower wage, we didn't expect that then -- that would also then he the employees having to pay for their health insurance. That's -- I think that's -- Mr. Robertson: Correct. Chair Sarnoff. -- where we are. Mr. Robertson: There is the legal argument on both sides as to what they're required to pay. Chair Sarnoff: And 1 think this comes down to intent, not necessarily what the document says, which oftentimes, you know, at our level of government, it is about intent, not so much about who wrote the better contract or who wrote the more artful section. Go ahead. You could be recognized for the record. Elizabeth Kennedy: Thank you, Commissioners. My name is Beth Kennedy. I'm the political director, for SEIU (Service Employees International Union) Local 32BJ, here in Florida. As it sounds like you're already aware, Kent Security failed to pay its workers the living wage as required by its contract. We filed a demand letter in April of 2011 requesting that the City order Kent to pay them their living wage, to give them their earned back pay for the prior two years and to pay damages to the City, as per the contract, the $500 per worker for each week that Kent failed to pay the living wage. The request fOr two years of hack pay from the date of the demand letter is because that is the statute of limitations in City code and the City has full authority and an obligation to enforce its ordinance and recover wages hack to April of 2009. The total of the wages owed is $275, 702.15 that averages to $1, 734 for each of the 159 affected workers. This also equals $3.88 million in fines that the City may legally demand from Kent Security, and I'm sure you can think of quite a few programs that could use a $3 million boost. Kent Security claims that because the health coverage was simply offered, they were justified in paying a lower wage. However, coverage was so expensive that workers could not access it. They chose not to enroll and, thus, they were not ensured by Kent's provider. Kent was not paying, for their health coverage, and they were not paying the legally required corresponding higher wage. This tactic is despicable and it flies in the face of the Citv's intent jar workers to have access to affordable health coverage, not to mention it is an unscrupulous practice that puts other contractors who choose to play by the rules at a disadvantage. In Fehruary of 2012, we wrote to the City Manager since the back pay issue had still not been addressed. That was almost a year later. And then in March of 2012, we had a meeting with the Mayor, with the Procurement director, and with the Budget director. In that meeting, we discussed the significant back pay liability that still existed in both A, the Citv's obligation to enforce code and recover wages, and B, the City of Miami Page 81 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 authority that the City had to withhold payment from Kent in order to recover that money for the workers. The Procurement director agreed that, in that meeting, he would file a final demand letter to Kent for the unpaid hack wages before bringing the issue to the City CFO (Chief Financial Officer) to decide on whether to withhold payment. We subsequently provided calculations based an payroll records provided to us by the City on what remaining back pay Kent owed. It added up to the $275, 000 figure that I previously mentioned. Mr. Robertson never verified the information, nor did he issue a demand letter to Kent as he had agreed to do in that meeting. It has been suggested that the workers have the option to file a legal action in court to recover these wages. Frankly, we find this an insult to suggest that in lieu of the City enforcing its own laws through the mechanisms outlined in the code, that instead, workers who earn wages near the federal poverty line should have to pay a lawyer to recover money owed to them. It has also been suggested that if Kent is not rehired, the current workers will be out of a job, which is not correct. There's a worker retention clause in the City's RFP, and we have spoken to Security Alliance, who's the next contractor on the list. They have assured us that they are committed to retaining all the current security workers, and I have a signed document to that effect. Finally, there's been a concern expressed that the City will lose its leverage to recover back pay if Kent is no longer contracted with the City. Frankly, Kent has been contracted for the entire span of this complaint and nothing has happened. There is no reason to believe that would change if they were awarded another City contract. Rather, lithe City exercises the option to debar Kent Security, they will he forced to note that debarment on any future hid and to explain the circumstances. I think many would agree with me that the City renewal ofKent's contract is tacit approval of their choice to avoid paying workers according to the law. Contracts and ordinances are just words on a page until the people elected to represent us actually do something to make them count. Today is the day you need to make the City's words count. Hold Kent Security accountable. Do not reward a company that refuses to abide by its contract and it thumbs its nose at the taxpayers and at workers making near poverty wages. Do not let this slide. Allow these workers the dignity that they deserve and show that the City ofMiami is committed to enforcing its contracts, enforcing its laws, and to doing what is right. Thank you. Chair Sarnoff: Thank you. Commissioner Spence -Jones: Mr. Chairman. Chair Sarnoff: You're recognized. Commissioner Spence -Jones: I allowed for you to speak, but I want to he respectful to Kent. I don't know if Kent wants to put anything on the record or you okay with what the Procurement director is representing. You can't -- got to talk on the mike. Chair Sarnoff: You got to come up to the mike. Jerry Tollefsen: Jerry Tollefsen. I'm the director of Kent Security for the City of Miami. Our attorney did send a letter to Mr. Robertson highlighting how we did comply with all the particular requests that the City, made. There was an audit done of our wages, and we -- except for some issues, we were in compliance. So I don't know what else to actually tell you. Commissioner Spence -Jones: The hack pay that they're speaking trio,- that she spoke gland that Ken spoke of how -- from the -- the pay in which the individual workers are still owed, was there a resolution to --? Is there going to he a resolution to them getting the payment at all? She -- I think she mentioned it's like close to $1,200 per employee. It's two hundred and seventy something. Does Kent plan on making sure that the employees get that hack pay? Mr. Tollefsen: Well, we -- No. Actually, Commissioner, my understanding is -- of the issue is exactly how our attorney responded in a letter to Mr. Robertson and to all the Commissioners, that we were, in fact, in compliance. City of Miami Page 82 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Commissioner Spence -Jones: Yeah. But he -- Ken just said you -- Ken -- I just want to make sure -- okay, thank you. I just wanted to give you an opportunity to put something on the record. Mr. Tollefsen: Right. Thank you. Commissioner Spence -Jones: Mr. Robertson, can you come back up, please? And I'm not the only one that has any questions on this. They may have as well. But -- so the -- what the young lady just put on the record, is that -- is there truth to what she's saying? Is there anything you want to dispute? Mr. Robertson: Yes. Commissioner Spence -Jones: She mentioned that -- Mr. Robertson: As a result of the -- Commissioner Spence -Jones: One second. Mr. Robertson: I'm sorry. Commissioner Spence -Jones: She mentioned a meeting that was had in City Hall and that there was a demand letter that was stated that would come out of that meeting. Did we not send the letter? Mr. Robertson: The demand letter from March 2012 resulted in a meeting between the parties, as she mentioned. As a direct result of that meeting, actually, the issue of the $1.25 differential that we were talking about was addressed and it was opined that we should be paying the higher amount. Kent fully obliged that request by back paying through July 18, 2011, not prior to that. So if the intent is that you would like the higher rate paid retroactively even further, back to April 1, 2009, this Commission has the authority to direct that to happen. You can request a full audit of the contract requiring that the higher rate be paid. That higher rate was never administered in the contract when it was awarded more than six years ago in April 2007. Commissioner Spence -Jones: So why wasn't it included in there? Mr. Robertson: The contract was awarded using the lower rate because there was a representation in the bid that Kent Security provided a health benefit plan for their employees. Throughout the entire contract term and when I started with the City Purchasing Department in August of 2010, the contract had already been administered in that fashion for over three years. Commissioner Spence -Jones: So you just -- you were actually just taking on -- Mr. Robertson: Correct. Commissioner Spence -Jones: Is there any other resolution to the 275? Is there any other resolution? I mean, because at this point -- Mr. Robertson: That figure would be -- Commissioner Spence -Jones: -- I mean, at this point, I hate to see the workers lose what basically is, you know, due to them, you know. I mean -- Mr. Robertson: And I agree with that as well. The contract has an audit rights clause. This Commission can order a full audit of the contract back through April 1, 2009, which is the City of Miami Page 83 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 statutory limitation, I guess, as was referenced. If there are any findings, then, yes, the Commission has several options per the living wage ordinance. You may impose damages in the amount of $500 per week fin- each covered employee. You may suspend or terminate payment under the service contract, and you may declare the service contractor ineligible for, future contracts. But this ordinance uses the word City, and in this particular context, City means the City Commission, not me, as the Purchasing director, or the City Manager, or anyone else. Chair Sarnof f: So let me try to wrap this up 'cause -- in a way that I think maybe it's understood. The City paid the lower rate believing -- I think is a fair way to describe it -- that the employees were receiving health care benefits. Otherwise, we would have paid the higher rate with the anticipation the employees would buy their own health insurance. The actual complaint -- so we know -- here's what we're going to walk away with. July of 2011, they've been paid. The next question is, How far hack should we go? Ken showed me some documents that the complainant said it should go back to April 1, 2010 until March 31, 2011. We know they haven't been paid through that amount. Now, ironically, we don't have a living wage anymore. We did away with that. And the question is, What is the best way to achieve whatever public policy we decide? Is it to keep Kent on hoard and have leverage over them? Or is it to say to Kent, you're simply -- you heard me say this -- I don't think you're a responsible contractor for the City? Or is it to turn around and maybe say, why don't we delay this for 60 days and possibly say to Kent, you know, there're some Commissioners that have some concerns here and they'd like to see their concerns addressed before they administer and vote for a contract. Commissioner Spence -Jones: And that sounds like a great idea to me. I justfeel very uncomfortable with taking a vote on something when I know that there are families that will be affected by our vote. And if there's something that's owed to these employees, I mean -- and I love the employees; they're great. They work hard, you know. They live in our city, which is awesome, so -- you know, and I would hate to see, quite frankly, another contractor come on to take that business and then I got to rely on the fact that they are going to pick up every single employee. That's just not a -- we've done that before and there were comments that were made that they would, and then some of those employees lost their jobs. So I'm very uncomfortable with trusting something that I don't really know and waiting for that new company to say, yes, I'll take on all these people. Right now Kent is here. The employees are happy. I'm sure they're listening out there in the lobby wondering whether or not they're going to have jobs. And in this economy, no one needs to feel in any way that they don't have -- you know, they don't have anything to take care of their families. But I do like the Chairman's suggestion, and that was to, perhaps, come back in 60 days. Maybe there's a positive resolution that can be made with both groups to at least lighten the blow from the family members or the individuals that are employees of Kent. Vice Chair Gort: Second the motion. Commissioner Spence -Jones: So -- Mr. Robertson: Mr. Chairman -- Chair Sarnoff: Yes, sir. Mr. Robertson: -- ifI may. To extend the current contract i-i'ith Kent for an additional 60 days -- please keep in mind that the contract expires next Friday -- said extension would require mutual agreement. There are no more extension provisions in the contract that would not require their mutual consent. So if they could put on the record their agreement to such an extension. Chair Sarnoff • Well, wouldn't their nonperformance be a very loud statement to the City of Miami? Wouldn't -- if they just decided not to go forward under these circumstances, wouldn't that tell us exactly how they feel? City of Miami Page 84 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Mr. Robertson: Yes, but barring any formal document authorizing the extension prior to its expiration, the contract will die. Chair Sarnaff • Okay. Commissioner Spence -Jones: But he just needs him to put it on the record. Vice Chair Gort: Yeah. Chair Sarnaff • Can you step up, Mr. Kent Security? Tomlinson [sic], I apologize. Mr. Tollefsen: That's okay. Chair Sarnaff: Would you accept -- Mr. Tollefsen: Yes, sir? Chair Sarnaff: -- a 60-day extension of your contract? Mr. Tollefsen: I will bring that to the -- my CEO (Chief. Executive Officet), and I helieve he will. 1 mean, we've been an extension since April of this -- yeah, April. It expired in April -- last April. Chair Sarnaff.' So you don't have the authorization to tell us right here and right now whether you could accept the 60-day extension? Mr. Tollefsen: I can tell you that I honestly helieve he will accept the 60-day extension. Chair Sarnaff • Okay, you're telling us you'd recommend it. You just don't know what he'd do with it. Mr. Tollefsen: Well, I think he's going to go with my recommendation. He has -- Chair Sarnaff: Why don't -- tell you what, why don't we table this for ten minutes, get on the phone, and you can come back and say he's good with it or Ile's 7101 good with it. Mr. Tollefsen: That's fine. We can do that. Chair Sarnaff: All right. Commissioner Spence -Jones: Okay. Chair Sarnaff: All right, so we're going to table this. And -- Vice Chair Gort: Mr. Chairman. Chair Sarnaff • You're recognized, Commissioner Gort. Vice Chair Gort: Let me ask a question, one of the things we requested in the past is -- no, that's all right. One of the things we requested in the past is if a contract's going to be due and we're going to have to go to an RFP, why don't we do it with enough time so we don't have to have this kind of problem where we have to make a decision, and if we don't make a decision, we're not doing it correct? Mr. Robertson: I totally agree. This RFP was advertised last May. The RFP yielded a City of Miami Page 85 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 tremendous number of proposals that required a lot of due diligence. We received 15 sets of proposals in response to this RFP. We had to deem seven of those nonresponsive through a very formal due diligence process. Eight of them were formally evaluated. The evaluation took several months longer than we anticipated because of those difficulties. We were anticipating having the RFP done much sooner than this Commission meeting. Vice Chair Gort: Any suggestion you can come up with so that we can expedite some of these things, we'll appreciate it. Mr. Robertson: Of course. Everything my department does has to be in writing so -- Tice Chair Gort: I understand. Mr. Robertson: -- it is labor intensive and it does take a while. We were not expecting 15 sets of proposals in response to this RFP. Tice Chair Gort: That was good, though. Okay. Thank you. Chair Sarnoff: Thank you. Later... Chair Sarnoff • All right. I think we tabled REM . And I think you're hack and -- Mr. Tomlinson [sic], you're back. Mr. Tollefsen: Tollefsen. Chair Sarnoff: Thompson [sic], I apologize. Thompson [sic]. Mr. Tollefsen: That's okay. No. We want to do what's in the hest interest of the City. And if you feel like 60 days extension of the contract is in your best interest, that's what we will do. Chair Sarnoff Okay, great. So we were then contemplating a motion -- Commissioner Spence -Jones: To -- Chair Sarnoff: -- to continue -- Commissioner Spence -Jones: -- defer? Chair Sarnoff • -- it, far 60 -- yeah, a motion to continue for 60 days with the contract to remain in place. Is that a fair one? Okay. Do I hear that from Commissioner Spence -Jones? Commissioner Spence -Jones: So move. Chair Sarnoff: All right. Tice Chair Gort: Second. Chair Sarnoff: We have a motion and we have a second. It is just a resolution. All in -- Mr. Hannon: Chair, my apologies. Do we have a date for the --? Do we want to move it to April 11? Is that what we're talking, or May 9? Chair Sarnoff: Sixty days is -- what's this? February, March -- April. City of Miami Page 86 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 RE.12 13-00067 Department of Capital Improvements Program Mr. Hannon: Yes, sir, April 11. Chair Sarnoff: Is that satisfactory, Commissioner? Commissioner Spence -Jones: Yes. Chair Sarnoff: Okay. All in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED JANUARY 25, 2013, PURSUANT TO INVITATION TO BID ("ITB") NO. 12-13-011, FROM MAGGOLC, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE BEACOM PROJECT AREA IMPROVEMENTS, PHASE I, B-30699, IN THE AMOUNT OF $767,132.40, WHICH INCLUDES $259,118, FOR THE SCOPE OF WORK AND $508,014.40, FOR ADD ALTERNATES, PLUS ATEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $76,713.24, FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $843,845.64; ALLOCATING FUNDS IN THE AMOUNT OF $843,845.64, FROM CAPITAL IMPROVEMENT PROJECT NO. B-30699, SUBJECT TO BUDGETARY APPROVAL; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. 13-00067 Summary Form.pdf 13-00067-Legislation-SUB.pdf 13-00067 Exhibit 1.pdf 13-00067-Submittal-Clty Manager's Recommendation Memo.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gott, Sarnot7, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0058 Chair Sarnoff: We have RE.12. Commissioner Carollo: RE.12. Commissioner Suarez: Is there any stormwater utility on this project? Commissioner Carollo: To he honest with you, Commissioner, don't -- Commissioner Suarez: Don't go there? Commissioner Carollo: -- get me started. Don't get me started. Commissioner Suarez: No. I was joking. City of Miami Page 87 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 RE.13 13-00173 City Commission Commissioner Carollo: How often do you see me get this at the last, you know -- Don't get me started. Mark Spanioli: Good afternoon, Commissioners. Mark Spanioli, director of Capital Improvements. RE.12 is a floor amendment that I just passed around. It's a contract award to MAGGOLC, Inc., in the amount of $843,845, for the Beacom Boulevard area improvements, roadway improvements project. The contractor was the lowest responsive and responsible bidder for this project. The reason for the floor amendment is that the current appropriation or allocation to the project is a little underfunded, for the entire project. So we had initially intended on awarding the contract in parts, so we've gone ahead and decided to award the contract in its entirety, subject to budgetary approval and additional appropriation in the next Commission meeting. Chair Sarnoff: All right. Is there a motion? Commissioner Carollo: So moved. Commissioner Suarez: Second. Chair Sarnoff: Motion hy Commissioner Carollo, second hy Commissioner Suarez. 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 WITH ATTACHMENT(S), APPROVING THE REQUEST OF MAYOR TOMAS REGALADO FOR DEFENSE IN THE CASE OF MICHELLE SPENCE-JONES V. STATE ATTORNEY KATHERINE FERNANDEZ RUNDLE, ETAL., CASE NO. 12-CV-24253-XXXX; AUTHORIZING THE EXPENDITURE OF CITY FUNDS TO PAY ATTORNEYS' FEES AND COSTS MONTHLY; INCORPORATING AND ADOPTING BY REFERENCE THE FACTUAL AND LEGAL FINDINGS SET FORTH IN THE MEMORANDUM OF LAW PROVIDED BY BERGER SINGERMAN LLP, AS IF FULLY SET FORTH IN THIS SECTION; DECLARING THE POLICY OF THE CITY OF MIAMI WITH RESPECT TO THE IMPLEMENTATION OF SECTION 111.07, FLORIDA STATUTES, FOR CITY COMMISSIONERS AND THE MAYOR. 13-00173 Legislation.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gott, Sarnot7, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Chair Sarnoff: All right, so I believe what we have to do is we have to withdraw RE.13, so do I have a motion? Commissioner Carollo: So moved. City of Miami Page 88 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Commissioner Suarez: Second. Chair Sarnoff: We have a motion. We have a second. All in favor, please say ltye. " The Commission (Collectively): Aye. END OF RESOLUTIONS BOARDS AND COMMITTEES BC.1 RESOLUTION 13-00039 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. BC.2 12-01172 APPOINTEES: 13-00039 Arts CCMemo.pdf 13-00039 Arts Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION NOMINATED BY: Commissioner Frank Carollo Commissioner Francis Suarez Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Francis Suarez 12-01172 Audit CCMemo.pdf 12-01172 Audit Current_Board_Members.pdf NO ACTION TAKEN BC.3 RESOLUTION 12-01473 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. City of Miami Page 89 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 BC.4 13-00162 APPOINTEES: NOMINATED BY: 12-01473 CIP CCMemo.pdf 12-01473 CIP Current_Board_Members.pdf 12-01473 CIP Memo and Resumes.pdf NO ACTION TAKEN RESOLUTION Civilian Investigative Panel (D3 Seat - Commissioner Frank Carollo) Civilian Investigative Panel (D5 Seat - (Commissioner Michelle Spence -Jones) 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. BC.5 13-00040 APPOINTEES: NOMINATED BY: Mayor Tomas Regalado Chair Marc David Sarnoff Commissioner Michelle Spence -Jones 13-00162 CRB CCMemo.pdf 13-00162 CRB_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 COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Marc David Sarnoff Vice Chair Wifredo (Willy) Gort Vice Chair Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Francis Suarez City of Miami Page 90 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 BC.6 12-01181 13-00040 CSW CCMemo.pdf 13-00040 CSW 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 COMMUNITY TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. BC.7 12-01470 APPOINTEES: NOMINATED BY: Commissioner Frank Carollo Commissioner Francis Suarez 12-01181 CTAB CCMemo.pdf 12-01181 CTAB Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE EDUCATION ADVISORY BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chair Wifredo (Willy) Gort 12-01470 EAB CCMemo.pdf 12-01470 EAB Current_Board_Members.pdf NO ACTION TAKEN BC.8 RESOLUTION 12-01182 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: Chair Marc David Sarnoff Vice Chair Wifredo (Willy) Gort City of Miami Page 91 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Vice Chair Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez Commissioner Francis Suarez Commissioner Michelle Spence -Jones AFSCME Local 1907 IAFF 12-01182 EOAB CCMemo.pdf 12-01182 EOAB Current_Board_Members.pdf NO ACTION TAKEN BC.9 RESOLUTION 12-01469 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Frank Carollo Commissioner Francis Suarez City Manager Johnny Martinez 12-01469 Finance CCMemo.pdf 12-01469 Finance Current_Board_Members.pdf NO ACTION TAKEN BC.10 RESOLUTION 13-00041 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: City of Miami Page 92 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Chair Marc David Sarnoff Vice Chair Wifredo (Willy) Gort Vice Chair Wifredo (Willy) Gort Commissioner Frank Carollo 13-00041 Homeland CCMemo.pdf 13-00041 Homeland Current_Board_Members.pdf NO ACTION TAKEN 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 13-00164 Office of the City Clerk 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 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENTS OF CERTAIN INDIVIDUALS AS MEMBERS OF THE OFF-STREET PARKING BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Arthur Hertz Off -Street Parking Board (At -Large Appointment) Marlon Hill Off -Start Parking Board (At -Large Appointment) 13-00164 Off -Street Parking CCMemo.pdf 13-00164 Off -Street Parking_Current_Board_Members.pdf 13-00164 Off -Street Parking Resolutions.PDF 13-00164 Off -Street Parking Resumes for Appointments.pdf NO ACTION TAKEN City of Miami Page 93 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 BC.13 12-01043 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. BC.14 12-01363 APPOINTEES: NOMINATED BY: Chair Marc David Sarnoff Commissioner Frank Carollo Commissioner Francis Suarez 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 NO ACTION TAKEN RESOLUTION 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.15 13-00148 Office of the City Clerk APPOINTEES: NOMINATED BY: Vice Chair Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez Commissioner Francis Suarez 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 City of Miami Page 94 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 DI.1 13-00070 City Manager's Office ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 13-00148 WAB CCMemo.pdf 13-00148 WAB Current_Board_Members.pdf NOMINATED BY: Chair Marc David Sarnoff Vice Chair Wifredo "Willy" Gort Commissioner Frank Carollo Commissioner Francis Suarez Commissioner Francis Suarez NO ACTION TAKEN END OF BOARDS AND COMMITTEES DISCUSSION ITEMS DISCUSSION ITEM DISCUSSION REGARDING THE CITY'S RE -DISTRICTING BOUNDARIES RECOMMENDATIONS. 13-00070 Summary Form.pdf 13-00070 Report - Redistricting & Proposed Plan.pdf DISCUSSED Direction by Chair Sarnoff to the City Clerk and the Administration to work together to ensure that notices go out for public meetings to discuss the redistricting process, scheduled for February 21, 2013 at 6:30 p.m. in Legion Memorial Park and March 4, 2013 at 6:30 p.m. at Miami City Hall, to residents and Homeowner's Associations located within zones 6, 7, 8, 9, 10, 11, 13, and 14, in the same manner that residents are notified of zoning changes and through the City's NET offices; further directing that that an update by the City's consultant, Miguel De Grandy is presented to the City Commission at the March 14, 2013 Commission Meeting. Chair Sarnoff Okay. We have a time certain we're going to go now to, and that is the redistricting issue. What is that, RE (Resolution) --? Commissioner Carrillo: R -- no. It a discussion item. Chair Sarnoff.• Is that a public --? Commissioner Carollo: No. Chair Sarnoff: Oh, I'm sorry. DI.1. I'ni sorry. Are you ready, Mr. De Grandy? Miguel De Grandy: I'm ready when you are. City of Miami Page 95 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Chair Sarnoff: Okay. Everybody set up? All right, you're recognized for the record, Mr. De Grandy. Mr. De Grandy: Mr. Chairman, what 1 have -- first of all, good afternoon, Mr. Chairman, members, Madam Manager, Madam City Attorney. For the record, my name is Miguel De Grandy. My address is 800 Douglas Road. And together with Mr. Steve Cody and my associate, Pablo Tanayo, our firm has the pleasure of serving as your redistricting consultants. Now I'm going to go through about a 20-, 25-minute presentation that is necessary to lay a record of the proceedings, starting with the following, Commissioners. On January 30, we provided each one of you with a copy of our report on the status of redistricting and the proposed redistricting plan, and so today I'll be going through our chronology to date and a brief summary of that report. And I will then walk you through the proposed changes that we've made. Now as part of the report, we've also included three tabs with attachments. At tab 1 and 3, the report incorporates the legal memorandum on redistricting that we provided initially to the Commission, as well as a copy of the subsequent presentation we made before the Commission with some typos corrected. Tab 2 is our summary of the analysis on racial and ethnically polarized voting in the City of Miami, which we will discuss in a few minutes. Now at the conclusion of my presentation, I'll be happy to answer any questions you have and assist you throughout your discussion. Before the matter is concluded, I would respectfully ask that the Commission take a straw vote on whether the proposed plan is acceptable or not. In the event of a favorable vote, it will be our intent to meet immediately with your Planning Department and the City Attorney'.s Office to craft a formal resolution that would include meets and bounds of each district. That resolution would then be presented at your next available Commission meeting. Now having said that, let me start by doing a recap of some basic principles. As we know from previous discussions, the equal protection clause of the 14th Amendment to the United States Constitution applies to local redistricting plans. In Avery versus Midland County, the Supreme Court concluded that the Constitution permits no substantial variation from equal population in drawing local district plans. However, the court has provided some leeway in drawing local government district plans. As the Supreme Court held in Reynolds versus Sims, all that is necessary when drafting these plans is to achieve "substantial equality of population among the various districts, " and that has cone to generally mean that a legislative plan or local government plan will not he held to violate the equal protection clause if the maxium deviation between the smallest and the largest of the district is less than 10 percent. Now deviations are determining -- determined by first dividing the total population of a jurisdiction by the number of districts. That equation yields the ideal district population number. Any variance above or below is considered a deviation. The overall deviation in a plan is calculated as the difference between the largest and the smallest district. The current deviation in the City of Miami's single -member district plan is 36.65 percent, with District 2 being over 20 percent above the ideal population and District 5 being approximately 16 percent below. And therefore, we concluded the redistricting -- the City Commission -- was mandatory and proceeded accordingly. Now let me walk you through a brief chronology of our process to date. After providing the Commission with a legal memorandum and subsequent public presentation, which again, are found on tab 1 and 3 of the report, we met again with each Commissioner individually to obtain more information regarding traditional neighborhoods and areas that should he kept whole within one district. During the June 12, 2012 public meeting, the Commission provided us with additional policy direction. The policy directions of the Commission were as follows. Number one, districts should be drawn within the deviations permitted by law, which would mean an overall 10 percent. Districts should, to the extent possible, retain the core of existing districts. Districts should use, where possible, well-known natural and manmade boundaries. And districts should, to the extent possible, keep traditional neighborhoods and communities of interest intact within a district. Now the Commission also directed us to hold public hearings in each district to provide residents with the opportunity to learn about the process and opine on individual preferences concerning the districts' composition. The public hearings were all advertised by the City pursuant to the City's standard notice procedures for non -Commission meeting public hearings. There were also a couple of articles that was published in the Herald regarding the redistricting process. All the City of Miami Page 96 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 meetings were tape-recorded and in each of the public hearings, I provided a brief technical and legal redistricting presentation and stressed the Commission's instruction to allow residents to publicly state their redistricting preferences on the record. There were about 15 citizens that appeared at the different public hearings. Some were there only to listen, but the majority participated in discussion and provided some input. The comments provided in those public hearings are set forth in your report at page 6 and 7. Now as you know, the federal Voting Rights Act protects both racial and language minorities, and therefore, we performed an initial analysis regarding applicability of the Voting Rights Act to both the Hispanic and African -American population in the City. Now as we explained in our previous presentation, approximately 70 percent of the City's population self -identified as Hispanic in the 2010 census. And in Johnson versus De Grandy, the United States Supreme Court basically held the proportionality of representation is prima fascia evidence of compliance with the Voting Rights Act. In that regard, the redistricting process both began and ended with three super majority Hispanic districts and a fourth district, with a Hispanic population of approximately 52 percent. And therefore, our analysis, for purpose of compliance with the Voting Rights Act, centered more on whether the act would require maintaining a majority African -American district in which black voters would have an opportunity to elect a candidate of their choice. Now there are two generally accepted methodologies for determining racially polarized voting patterns. Those methodologies are the homogeneous precinct analysis and ecological regression. The homogeneous precinct analysis is generally used when there are precincts that are composed of at least 90 percent or greater of black, Hispanic, or single white -- single -race white population. In this case, we elected not to use the homogeneous precinct analysis since only four precincts met that high concentration of Hispanics and no precincts were either 90 percent or greater black or single -race white population. And therefore, we used the ecological regression method. For this analysis, the percentage of support for candidates in each precinct is charted and compared with the racial or ethnic registration in the precinct. Patterns can emerge showing correlations between presence titan ethnic group and support for candidates. To engage in this analysis, we had to identify elections where all voters across the City would have the same candidate choices, and therefore, party primaries and district elections were not considered. We also did not consider the last mayoral election because of the low turnout. Now instead, we chose to analyze 14 County or statewide elections conducted between 2006 and 2012. Let me have a Marco Rubio moment. These included two presidential elections, three United States Senate elections, state gubernatorial and cabinet elections, and a County court judge runoff between an African -American and a white candidate. Now the next slide will show a set of Cartesian graphs where each precinct in the City is plotted. The percentage of voters in a precinct who belong to a given racial or ethnic group is plotted on the X, or the horizontal axis, and the percentage of voters in that precinct who voted for a particular candidate is plotted on the vertical, or the Y axis. A rising regression line shows a positive relationship between race or ethnicity and the support for a candidate. A falling regression line indicates that as a percentage of the members of a racial or ethnic group increase, the support fiir the candidate decreased. Each graph also contains an equation showing hou' the slope of the regression line was computed in an R squared value. The R squared value measures the strength of the relationship between the two variables. Now generally, social scientists consider an R square value above .3 to he statistically significant. Now the sample set of charts you're looking at now plot the U.S. (United States) senate election where Representative Kendrick Meek was a candidate. You can clearly see that as the percentage of African Americans increased in each precinct, support for Candidate Meek increased geometrically. Conversely, the graph shows a significant downward slope of support for Hispanics -- for Candidate Meek among Hispanic voters. Now of the 14 state and countywide races we analyzed, we found substantial evidence of polarized voting patterns. In fact, the only race in which we did not find significant Hispanic polarization against the preferred African -American candidate was the most recent 2012 election for president. Our analysis showed that in the 2012 presidential election, the majority of all racial and ethnic groups voted for President Obama, unlike the 2008 presidential election, where the President did not enjoy the support of the majority of Hispanics. However, in both elections, he was overwhelmingly the preferred candidate among black voters. Now, in conclusion, in 13 of the 14 City of Miami Page 97 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 races we examined, there was significant evidence of polarized -- racially polarized voting. And again, the summary of that analysis is set forth in tab 2 of ,your report. And our conclusion, based on the data analyzed, is that the Voting Rights Ad would require the City to maintain a district in which African Americans had an equal opportunity to elect a candidate of their choice. Moving now to the principles and resources used in crafting the plan, the plan was crafted using census bureau data available to states pursuant to U.S. Public Law 94171, which is the accepted methodology, voter registration and election data, as well as American community survey data regarding social, financial, and housing characteristics were considered. Taking also into account the input received from public hearings, the Commissioners' directives and the results of the data analysis, we then began the process of shifting areas of population from one district to another in order to arrive at a plan with acceptable deviation parameters. Now most of the proposed movements required shifting of populationftom District 2 to District 5. There were also minor movements in District 1 and 4 that were consistent with other Commission directives or were necessary to further equalize population. District 3 was well within acceptable parameters and was not changed. Once we had a draft plan of proposed changes, we met again with each Commissioner to go over the proposed plan and made necessary adjustments to ensure consistency with the directives of the Commission. Upon completion of that process, we finalized that plan, which is at page 29 of your report. Now beginning at page 12, we provide a detailed report on the demographics of each Subarea, movements of population from one district to another, and the justification for change to ensure that each change and the resulting overall deviation of the plan were based on rational consideration and traditional redistricting principles. The first five Subareas from page 12 through 16 are actually the remaining core of each existing district without population that was ultimately moved or shifted out of the district. As you will see in the report, we complied with the directive to maintain the core of existing districts. Of course, the districting which we were able to maintain the least of existing population was District 2, due to the obvious overpopulation and need to rebalance the districts. Now beginning at page 17 ofvnur report, we provide detail on each Subarea that was moved from one district to another. That detail includes demographic data regarding the subject population, as well as the rational basis or justrfication for movement of that population. And so beginning with Subarea 6 on page 17, this constitutes the traditional neighborhood of Shorecrest, with approximate -- with a population of 3,627 residents. Movement of this population was necessary in order to comply with the 14th Amendment, one-person/one-vote principle. In that regard, we elected to move the entire traditional neighborhood of Shorecrest from District 2 to District 5 in order to further comply with the Commission directive to keep traditional neighborhoods whole within one district where possible. This population is approximately 46 percent African American, 32 percent Hispanic, and 18 percent single -race white residents. Subarea 7 is bounded by Northeast 79th Street to the north and Northeast 71 st Street to the south. We moved the district line east from Northeast 4th Court to Biscayne Boulevard, resulting in a movement try'. 1,076 residents. The movement of population from District 2 to District 5 was also required in order to comply with the 14th Amendment one-person/one-vote principle. These residents are approximately 58 percent African American, 25 percent Hispanic, and 14 percent single -race white. This movement also shifted the remainder of the traditional neighborhood of Little River into District 5 in order to further comply with the Commissioners' directive to keep traditional neighborhoods whole within one precinct where possible. Subarea 8 is hounded by Northeast 71 st Street to the north and Northeast 55th Terrace to the south. And again, we shifted the boundary between districts east to Biscayne Boulevard, which complied with the Commissioners' directive to use well -recognized natural and manmade boundaries. This movement was also necessary in order to comply with the 14th Amendment one-person/one-vote principle, resulting in a shift of 1,711 residents. Fifty-one percent of that population is African American; 33 percent, Hispanic; and approximately 10 percent, single -race white. Now Subareas 9 and 10 did not result in the movement of any voters, but these shifts were made in order to continue the use of well-known manmade boundaries. As it regards to Subarea 9, we shifted the boundary slightly east to Biscayne Boulevard. And with respect to Subarea 10, we shifted the boundary slightly to the north to use the 112 expressway as a new district boundary. Subarea 11 begins at Northwest City of Miami Page 98 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 36th Street to the north and goes south to Northwest 22nd Street. The east -west boundary of the district was moved approximately two blocks from Northwest 2nd Avenue to North Miann Avenue, resulting in a shift of 1,921 residents from District 2 to District 5. Again, this movement is necessary in order to comply with the 14th Amendment one-person/one-vote principle, and it also complies with the Commission directive to keep as much as possible traditional neighborhoods within one district as it brings more of the traditional neighborhood of Wynwood into District 5. Although Wynwood may extend slightly further south, we elected to stop at 22nd Street as this coincided with the boundaries of the Omni CRA (Community Redevelopment Agency). And as you will see in subsequent slides, one of the goals along with maintaining traditional neighborhoods within one district was to maintain communities of interest, which includes CRAs, within one district where possible. This was substantially accomplished whereas now the vast majority of the Omni CRA is in District 2 and the majority of the Overtown/Park West CRA area is in District 5. Now these 1,921 residents that were moved in Subarea 11 are approximately 71 percent Hispanic, 24 percent black, and 4 percent single -race white. Subarea 12 represents a small shift in population from District 5 into District 1, resulting in a movement of 383 residents. The movement had the result of shifting the boundaries slightly to the east in order to use 1-95 as a district boundary, which complied with the Commission directive to use well-defined natural and manmade boundaries in crafting the plan. Of those 383 residents moved in Subarea 12, 58 percent are Hispanic, 32 percent are black, and 7 percent are single -race white. Subarea 13 is also a small movement of population that was shifted from District 2 to District 5. The Subarea is hounded to the north by 22nd Street and to the south by Northwest 14th Street. The district boundaries shifted slightly eastfiom Northwest 2nd Avenue to Northwest 1st Place in order to correspond with the boundary of the Overtown/Park West CRA. The 261 residents in the Subarea are approximately 76 percent African American and 21 percent Hispanic. Subarea 14 is bounded to the north by I-395 and to the south by Northeast 5th. Street. The boundary was shifted east from the Metrorail line to Biscayne Boulevard, again, in order to comply with the 14th Amendment one-person/one-vote principle. This movement also brings a substantial portion of the Park West CRA into District 5. Subarea 14 has a population of 3, 332 residents and is 41 percent Hispanic, 20 percent black, and 31 percent single -race white. Subarea 15 is bounded to the north by Northwest 24th Street and to the south by south -- excuse me, Southwest 24th Street and to the south by Southwest 25th Street. It is bounded to the west by Southwest 37th Avenue and to the east by Southwest 27th Avenue. This shift in population from District 2 to District 4 was also made in compliance with the 14th Amendment one-person/one-vote principle to further equalize the population in District 2. This Subarea is overwhelmingly Hispanic at approximately 89 percent, with 3 percent African -American population and 7 percent single -race white. Now, finally, Subarea 16 is hounded to the north by Northwest 7th Street, to the south by Northwest 3rd Street, and was shifted to the east from 43rd Avenue to LeJeune Road, in compliance with the Commission directive to use well-defined natural and manmade boundaries. This resulted in a small movement of approximately 327 residents from District 4 to District 1. That population is approximately 91 percent Hispanic. Now as you will see in the next four slides, the different movements in population resulted in lowering the overall deviation from the current 36.65 percent to approximately 5.93, well within the 10 percent overall deviation excepted in the case law. And as a result of these changes, the total population in District 5 went from approximately 75.5 percent African American to slightly over 70 percent African American total population, which still provides the African -American community with an equal opportunity to elect a candidate of its choice. The plan also resulted in maintaining three overwhelming Hispanic districts consistent with the demographic makeup of the city, and District 2, which had grown in the last decade in Hispanic population to constitute a majority of the district, still maintains virtually the same population percentage for Hispanics. And so in summary, before you is the proposed plan, but there are a couple more issues that need to he addressed before the process is completed. As I said at the beginning of the presentation, at the end of your discussions, 1 would respectfully ask that you take a straw vote on whether to approve the plan. If that vote is in the affirmative, the next step will he to bring a, formal resolution before the Commission. If the majority of the Commission elects not to approve the plan, then I would respectfully ask that you give me very specific direction of what changes you City of Miami Page 99 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 want made. I will be happy to implement those changes and advise you as to any legal consequences that may result from those changes. Time is of the essence for several reasons, including the fact that the Elections Department is now going through its re precincting process and needs to have the City's final plan to integrate into that process. And finally, although we are totally confident that the proposed plan fully complies with relevant constitutional and statutory requirements, that does not eliminate the possibility that someone may file a legal challenge. And in the event that challenge is filed, you want to make sure there's sufficient time to litigate and dispose of it before qualifying for the next election. And with that, Mr. Chairman, I thank you and the entire Commission for the trust and confidence you placed in our firm 's ability to serve you in this regard and I'm happy to answer any questions you may have. Chair Sarnoff.' All right. Any Commissioners have any questions to begin with? What I'm then Commissioner Spence -Jones: I want to hear their (UNINTELLIGIBLE) -- Chair Sarnoff • Right. That was my intention then. Let me call up the people who've registered ii'ho want to speak. The first one I'm going to call up is Eileen Bottari. Eileen Bottari: Okay? Chair Sarnoff: Go ahead. Ms. Bottari: Start? My name is Eileen Bottari. I reside at 505 Northeast 76th Street, Miami, Florida, in historic Palm Grove. Twenty years ago, our Upper Eastside community was facing urban decay, out-of=control crime, and city government services, such as public works, code enforcement, and capital improvements that were nonexistent. The whole Upper Eastside community -- Shorecrest, Palm Grove, Belle Meade, Bayside, Morningside, Bay Point, and Magnolia Park -- began organizing and working together to create our beautiful Upper Eastside community that we now live in. The community leaders and homeowners living throughout the Upper Eastside in all of these neighborhoods began town hall meetings to discuss, plan, and hold the City accountable for the services we needed. Four historic districts have been created to preserve and protect the commercial and residential architecture that is the history ofMiami. Morningside, Bayside, Palm Grove, and the MiMo (Miami Modern) Biscayne Boulevard are designated historic districts in the Upper Eastside. Ten years ago, together, all of the neighborhoods in the Upper Eastside fought to protect our historic communityfrom overdevelopment by greedy high-rise developers. Biscayne Boulevard and 79th Street, commercial corridors, are the main arteries running through the middle of our Upper Eastside community. They are not the roads to he used as borders to tear our Upper Eastside community apart. If the 2010 census concurs that district boundaries need to be moved, then please keep our whole Upper Eastside community -- Shorecrest, Palm Grove, Belle Meade, Bayside, Morningside, Bay Point, and Magnolia Park -- together in either District 2 or District 5. And I'd all -- thank you. And I would like to add that we were not publicly notified for the public hearing. Chair Sarnoff: Thank you. All right, next speaker is Alisa -- I'm going to say -- 1 hope it's Cepeda or it's -- okay. Alisa Cepeda: Hi. Good afternoon. My name is Alisa Cepeda, and I live at 531 Northeast 76th Street, which is in north Palm Grove. My first concern is, as Ms. Bottari already stated, we were not publicly noticed as residents or business owners that this change was happening. 1 am noticed, for just about everything, whether it's a birthday party, whether it's an alley closure. You name it; we get notices. We weren't noticed about this, so I guess that's my first question. My second question is is that this is one of the most diverse communities, I feel, within the City of Miami, and I would really like to see it kept together. Thank you. City of Miami Pane 100 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Chair Sarnof f: Thank you. Peter Ehrlich. The only question I've heard so far is public notice. Peter Ehrlich: Peter Ehrlich. Good evening, Mr. Chairman and Commissioners. I'm here to speak on this item, provide some information and also my opinion. I live at 770 Northeast 69th Street. I live in Bayside, and I probably spend 95 percent of my time on the Upper Eastside. Everything I do is between, you know, 71 st Street and 36th Street, in the Upper Eastside. We had a meeting Tuesday night with the neighborhood groups from Shorecrest, Bayside, Morningside, Belle Meade, Palm Grove, and almost every community in the Upper Eastside. And there was a vote, a straw vote on what everybody wanted to do. And the vote was -- and 1 believe it was unanimous. I didn't -- nobody raised their hand in dissent -- was to remain together either in District 2 or in District 5. But everybody, you know, gets along quite well and everybody works on many of the same goals within their same communities, whether it's infrastructure, housing, signs, crime. Everybody works together pretty well, and they would like you and the -- to give direction to your consultant to try to accomplish our goal, which is to stay in District 5 or District 2, whichever you can work out. Thank you very much. Chair Sarnoff: Thank you. Barbara Gimenez. Commissioner Suarez: Not expressing a preference over 2 or 5, right? They don't want to have a little -- Barbara Gimenez: Good evening. Barbara Gimenez, 7001 Biscayne Boulevard. Once again, I stand before the Commission feeling like I'm a pawn in someone else's chess hoard. And I reside in Belle Meade. I own property on Biscayne Boulevard, in Belle Meade, and I run my business there. I've been described as a potential greedy developer, hut I've lived in the Upper Eastside and I haven't sold anything for 14 years. We've gone through a lot and it seems that we are hit with something new every time we think we're moving in a positive direction. Right now we're in a really good place where it seems like all the different groups are working together when, all of a sudden, we get no notice and we hear through the grapevine that this thing is happening. The move is not so much of an issue. If constitutionally we must move, fine, but move us all together. To split us up is to basically breakup the one voice that has taken so many years to create, move towards a positive direction. And that's basically my statement here. As I look around the Upper Eastside, everywhere that we go to, be it a store, a gas station, a boutique, a restaurant, 1 see brown faces, white faces, black faces. No one's redistricting us. What we do as a group, we do. Everyone speaks different languages. We seem to be a very diverse neighborhood. I don't think we need any help from government in becoming more diverse. So you want to move us? Great, but move us together. We seem to be doing all right without this redistricting. Thank you very much. Chair Sarnoff • Thank you. So, Mr. De Grandy, just -- as long as we have just so far one question, how did we notice everybody? Mr. De Grandy: All the meetings -- and this could be verified by your City Attorney and your Clerk -- were noticed pursuant to the Commission standard policy for non -Commission public hearings. As 1 briefly mentioned, there were also at least two articles in the Herald that appeared -- one of them actually that appeared in June of 2012 was titled "Redistricting Could Spell Changes for Miami's Upper Eastside. " That appeared before any of the public hearings, and there was another one during the public hearing process. In addition, when we started the first public hearing, Commissioner, you had asked the first public hearing he held here so that it could he televised. That public hearing was televised. I gave a brief presentation. I informed that there would be additional public hearings. 1 informed the fact that each public hearing, although being held in a district, was open to all citizens. You know, some people that have spoken was -- were made aware. Mr. Ehrlich was one of the individuals that participated in the public hearings. So what I can tell you is that the hearings were publicly noticed pursuant to the City of Miami Pane 101 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Commission's policy and there was other avenues of becoming informed in the process. Chair Sarnoff: Thank you. All right, Mr. Clerk, why don't you tell us what you did. Todd B. Hannon (City Clerk): Yes, sir. Chair, for a meeting of this nature, one of the ways that we noticed the meeting was on the City of Miami's ivebsite, and I do have a copy of how it appeared on the City of Miami's website under the public meetings calendar. One of the other things that we did is requested from the Office of Communications to do a media blast regarding this particular hearing. And then finally, we also placed a notice of public meeting on the front of Miami City Hall and over at the MRC (Miami Riverside Center). Chair Sarnoff.' All right. Let me go back to the folks in the audience. Luis Herrera; and Ken Jett, you're going to speak next. Luis Herrera: I will give him my time to -- Chair Sarnoff • Okay. Mr. Herrera: -- (UNINTELLIGIBLE). Chair Sarnoff: Okay. Ken Jett. Ken Jett.: Good afternoon, Mr. Chairman and Commissioners. My name is Ken Jett. I live at 8320 East Dixie Highway, and I'm currently the Shorecrest Homeowner Association's president. Speaking on behalf the Shorecrest HOA (Home Owners Association), we request and have taken a position that the Upper Eastside must remain together, as depicted on city maps, from north -- from 36th Street north to the City's boundaries, and then from east of 4th Court to Biscayne, including the spoils and Pelican Harbor, regardless to which district we're ultimately awarded. This solidarity must remain to maintain a viable voice and continuity in the Upper Eastside's communities ongoing efforts. We are one of if not the most, integrated communities in Miami and are known collectively as Miami's Upper Eastside. Any actions by the City that split or splinter our Upper Eastside will affect the residential areas, the businesses, and the marketing of our area of interest. One need only drive east from 95 on 79th toward the hay to see the clear break in existing district lines. Now as an individual, if 1 may, 1 have several issues with the report. I probably don't have enough time to bring all of them up. But a lack of balanced interpretation of the Voters' Right Act and subsequent redistricting supreme court case law that exists doesn't seem to be there for me as a reader, as an educator, or as a researcher myself: We -- you know that we weren't -- you've heard from others that we were not publicly noticed; no blast through the NET (Neighborhood Enhancement Team) offices, no e-mails (electronic), no postcards. I think that there were some, fore -- there was some foreclosing on potential solutions that tainted the analysis because directives were received from the Commission prior to the report -- the analysis starting. Use of open source Internet websites as legitimate sources to gain information about our city is a problem for roe. Wikipedia is not a legitimate source. From that site, one map was taken that was created by a Miami blogger under the name of Media Atlantic. And instead of using official city maps, that was used. Nondisclosure of data sources and methodology with regard to subarea analysis is concerning. Nondisclosure of the methodology on the initial selection of the subareas, i.e., why wasn't Morningside, Belle Meade, Midtown considered as a subarea? With all of the nondisclosure issues, for me it opens the analysis up for speculation. Likewise, this potential practice raises concerns for me about racial and/or political gerrymandering. But with that said, I appreciate the time. Ultimately, there are potential solutions that were disqualified prior to the analysis, rendering, in my opinion, the analysis as worthless. Illegitimate sources, lack of disclosure relative to selection data and methodology render the finding suspect and problematic. Confusion around the VRA (Voting Rights Act), the Supreme Court cases, and understandings of racial gerrymandering leaves the public at a disadvantage. But ultimately, the Upper Eastside must remain together as a whole in City of Miami Pane 102 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 one district. And f faulty processes got us to this point today, those processes must be considered and scrutinized. Thank you for your time. Chair Sarnaff: Thank you. Would you just address your sourcing? 'Cause 1 read your law. Your law is all up-to-date law, but -- Mr. De Grandy: Yeah. We looked at -- Chair Sarnoff: --just your sourcing and where you come up with your data. Mr. De Grandy: -- and I think he was referring to the neighborhood maps -- several maps that were on the Internet. You can look at one map that tells you Upper Eastside as just one whole community. You could look at another map that tells you -- breaks them down into Shorecrest, Morningside, etcetera. So we took the discreet neighborhoods and analyzed them as such, as opposed to Upper Eastside. Now the Commission did not -- one of the things that I had asked at the beginning was, do you want me to come up with several plans and you pick from the Chinese menu? You said no, bring me one plan. That does not mean we didn't consider a host of other alternatives. And I could walk you through that. We considered, for example, moving the entire Upper Eastside into District 5 from District 2. That would significantly lower the African -American percentage. That would also significantly increase the overall deviation, and so we didn't elect to go on that way. What we tried to do is to create a balanced approach where, if you look at it, 50 percent -- approximately, 1 would say, 53 percent of the population we movedfrom D2 (District 2) to D5 (District 5) was north of 112. The other remainder was south of 112, so that way we were able to work around the edges, look at similar demographics in population to District 5 and bring those in. We looked at several other alternatives. We looked at using all of 112 -- I mean, all the population south of 112. In that regard, for example, Midtown only gets you one-third of the population that we'd have to replace if we didn't do the north end. We'd have to go all the way to Biscayne Boulevard from 112 all the way south to 5th Street and then continue south with another sliver to pick up the equivalent, which will he 6,400 folks; whereas, in the northern area where we took the population, the population was about 50 percent African American 'cause it is a very diverse area. If we looked at that southern option, you're looking at African American population in the 20s, which again, significantly dilutes. One of the things that we have to look at from the Voting Rights Act analysis is not only total population. Because, fbr example, total population went down from 75.5 to 70 percent African American, but voting age population is now down to 67. And when you also add to that that there is a significant percentage of Haitian population, that you have a citizenship issue, they could be voting age population, but they can't vote. And so that brings you down even more. And you're getting to a point -- at that point where you have to do a serious analysis on voting trends and voting turnout because normally you want to -- if you're going to do a majority/minority district, to keep it at at least 65 percent to account fir the historically lower registration and turnout rates of minority communities. When you're getting down now into the 50s, you're getting into an issue of potentially violating the Voting Rights Act. Also, finally, we're doing a plan not for a snapshot in time, but far a decade. And so as I'm crafting a plan, I'm looking at the areas that I'm moving, what is the potential for gentrification; what is the potential for massive redevelopment? What would he the demographics of the folks that would move in there? When you're taking that 50 percent, ifyou will, from the north end, that -- those are very stable communities, the demographics are likely to remain the same. Redevelopment at an accelerated pace is not probably realistic. When you go south of 112 and start looking at all those areas going out to Biscayne Boulevard, Midtown, etcetera, what you're looking at figure development and future demographics of those folks that are going to move in, it is a totally different composition. And so, the plan may, for example, perform in the 2013 election, hut whether it performs in, you know, subsequent elections becomes then a serious question. So we looked at all those things. We looked at, for example, starting, you know, from the west and coining down through District 1, rippling into District 4 to get to the southern end of District 2. That wouldn't comply with the directive to maintain the core of existing districts. That would City of Miami Pane 103 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 result in putting high percentage Hispanic population into District 5. So, I mean, it's not that we didn't look at it. We looked at a host of different alternatives, discounted those alternatives for the reason I've explained, and came up with a final methodology for your consideration. Chair Sarnoff • Thank you. All right, Mina Kuhn. Mina Kuhn: My name is Mina Kuhn. I live in 951 Northeast 83rd Street, in Shorecrest. First of all, I'd like to read a message from the president of the Bayside Residents Association, Louis Bourdeau. He, unfortunately, could not make it to this hearing today, hut he requested us to deliver this message. The Bayside Residents Association board reviewed the proposed redistricting plan splitting the Upper Eastside community between District 2 and District 5. Our anonymous consensus is to maintain a cohesive Upper Eastside community under one City Commission district. The Upper Eastside community associations have worked diligently and collectively over many years to continually improve our neighborhoods by collaborating with our district Commissioner. The splitting of the Upper Eastside communities between two districts will adversely affect the progress we are working to achieve. So that is the message from Louis Bourdreau, president of Bayside Residents Association. And this is my opinion. We have been working closely and hard to make Upper Eastside beautiful and unique, which became an asset of the City of Miami. The area became one of the most desirable area to live and businesses along the Boulevard are thriving. One of the reasons is the historic MiMo district. The MiMo district has an ongoing project of expansion. The MiMo district is going to cover all the way to the city border of Northeast 87th Street. It is crucial to keep the entire MiMo district together under the same Commissioner to complete this project. Also, Upper Eastside holds its charm and value by staying all together. Splitting the Upper Eastside between two Commissioners will make any further improvements and development of the area very difficult. The Upper Eastside will lose the uniformity and the value of homes in Upper Eastside will be going down. We worked so hard to make our area desirable and bring up the value of our homes. But because of this senseless idea of splitting the Upper Eastside, the value of our neighborhood is going down. Also, just adding a part of Shorecrest and Palm Grove will only add about, I believe, 7,000 people to District 5, which is far less than required number of 13,000 people. Considering keeping Upper Eastside all together will provide enough number of people to District 5. All the homeowners associations in Upper Eastside agreed to stay together. We don't mind which district we are going to helong to, hut the Upper Eastside cannot he splitted [sic] by any chance. Commissioner Sarnoff and Commissioner Spence -Jones, your options are either take the entire Upper Eastside together or losing the Upper Eastside altogether. Thank you so much. Chair Sarnoff: Thank you. All right, Nancy Liebman, and then Richard Leira. Nancy Liebman: Good evening. My name is Nancy Liebman. 1 do not live in the Upper Eastside. I don't work in the Upper Eastside, and I do not do anything but organize the Eastside, and I have been at that for the past -- since it was designated as a historic roadway in 2006. I love working with these people. We have finally come together; you're hearing it. The whole area has harmonized. And I sit here and I listen to Mr. De Grandy and it really makes me sad because what's happening, you're counting all of the people of -the Upper Eastside as cattle. This is a cattle count. It is not a people count. It has nothing to do with the betterment of the life of the people. I think this Commission would he better off if you made seven districts. It would he more appropriate for these issues that you're trying to work out. Downtown is going to become its own district. If looking at a ten-year plan, this plan is really digressive. It is not going to he a long-term good thing. Commissioner Sarnoff, you know how difficult it has been for us to work with just you. You have lots on your plate and you have been as helpful as you can. It was difficult to work on MiMo Boulevard. Imagine what that's going to be for MiMo Boulevard that is split in half down the center lane. I guess those left -turn and right -turn lanes will become the dividing line. I have no idea how it's going to work. You're going to stymie every hit of good that has happened on that street to have bisected it. And I must agree with all the speakers. We City of Miami Pane 104 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 all want to stay together. There's got to be a way, first of all, to close the gap in the street, that line down the middle. You don't even have a quorum so I just -- Chair Sarnoff: You do have a quorum. Commissioner Suarez is over there. Ms. Liebman: Oh. Anyway -- Chair Sarnof f: There's a quorum. Ms. Liebman: Okay. I would just like to add for the boulevard to bring it together. If it has to divide -- and I have spoken to Mr. De Grandy about this -- if it has to be divided, there are lots to the east and lots to the west that can make the division of the street. But to take the historic district and split it in half fis absurd, and it's another problem on 79th Street. That street is beginning to come hack. They have a business association. They're coming together. They're joining in the new planning for the whole area, and they are split the same way; people on one side, off to the other side. Mr. -- when I spoke to Mr. De Grandy, I asked him. the feasibility of putting the whole district in one place or the other. If we have to go to Commissioner Spence -Jones's district, what is the feasibility? And the only thing hear is that the cattle have to be divided. I hope that you can recta that problem. And -- because he did tell me it's up to all of you as to how this is going to happen. It's not up to him. I ani sorry that they didn't ask you to do several plans. That would have been a little more progressive. Chair Sat-noff • And in conclusion. Ms. Liebman: Okay. And in conclusion, we look to you to do the right thing. Thank you. Chair Sarnoff Richard Leira. Richard Leira: Good afternoon, Commissioners. I'm Richard Leira. I live at 931 Northeast 86th Street, Miami, Florida. And again, I know you guys have a very difficult plan to put forth. I don't say I have a great understanding of this. We discussed earlier about the media blitz that the public was given for notification. I'm fresh out of the loop. My HOA was out of the loop. My MNU (Miami Neighborhoods United) was out of the loop. And historically, we've worked really hard to take Morningside, Belle Meade, Shorecrest, and Palm Grove and kind of like create a united front. So if we really were interested in helping me to understand what was going on, I really think that those avenues could have been used. Now you have a really difficult plan to put forth. And again, I don't fully understand it. Can we all stay together, District 2, District 5? I'm not sure. Ken's brought up some really good problems with this, with the history of the data that we're using where we're going forth. And what I'm worried about is that you haven't create a 10-, 20-, 40-year plan. We really have to look at this city as a whole and the people that have been working together. Michelle Spence -Jones, good person; Marc, you're a good person. Ion getting ready for the Coconut Grove Art [sic] Festival. We just have a ton on our plate. Eventually, these districts may have to go into smaller increments. But putting forth an imperfect plan without getting all the communities behind you -- these are people that you've worked with since you campaigned on my doorstep. You know these people. Ijust really think we need to step back, get input from everybody that you've worked with in the past before we put forth a plan that may be challenged in court. And nobody needs that 'cause you really worked hard to build strong relationships. And I would like to see those follow through because whether we're all together in District 2 or District 5, I think you're hearing this again and again, it's unconscionable that you would split us up 79th.. I think you knew as soon as it went out there and as soon as we found out it would he a had plan, and I think you could have done better with getting the community involved. So that's basically what 1 have to say. And again, 1 don't know the details of the plan, but I only learned about it, four days ago and I work 50 hours a week:, so it's not enough. City of Miami Pane 105 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Chair Sarnoff: Thanks. Mr. Leira: Thank you. Chair Sarnaff • Jack Spirk. Jack Spirk: My name is Jack Spirk. I reside at 722 Northeast 81 st Street. I'm a former Shorecrest HOA president. I'm also a director for the Upper Eastside Preservation Coalition. As everybody said here, splitting us up is not a good thing to do. Every resident of the Upper Eastside knows that we're one community. This has been a community long before 1 took residency 13 years ago. I think that we will become disenfranchised if we're split up. ',feel the same way as everyone else. I've worked proactively with Commissioner Sarnoff, as well as Commissioner Spence -Jones. I don't see any problem of us working with any of the Commissioners. We're proactive people. And as everyone said, we are on the verge of really coming into our own. The MiMo district is hopping. Seventy -Ninth Street is developing a business association, and to separate us would be to disenfranchise us. So I really wish you would consider keeping us all together. Thank you. Chair Sarnoff: Thank you. Grace Solares. And after Grace is Ginger Vela. Grace Solares: Commissioners, Grace Solares, Miami Neighborhoods United. A special meeting of MNU was held on February 12. At that time, the issue of redistricting was brought up for discussion at the Shorecrest Homeowners' Association. At the completion of the discussion, Ken Jett, on behalf of Shorecrest Homeowners' Association, made a motion, seconded by Bob Powers of Palm Grove, that MNU support maintaining the Upper Eastside community as a whole from 36th Street north to the city limits, and from the hay to the western boundary of Northeast 4th Court. The motion passed unanimously. Commissioners, with respect to notice -- with all due respect to the new City Clerk -- I don't think it was proper notice because posting a piece of paper on the doors of City Hall -- unless I come here, I don't know about it. Homeowners associations are registered with the NET offices. And I either received this as a notice or I received the other notice that -- oh, that notice, which Ijust received. This is a standard non -Commission notice from the City of a hearing. This is it. This is another one that I received. I received nothing. I'm in District 2. I didn't receive it on behalf of district -- I mean, of District 3, 'cause 1 receive on behalf of the Roads. 1 didn't receive it for you. 1 didn't receive it for anybody. The people in the Upper Eastside actually were deprived of having their two cents' worth in those conversations and in those presentations. For Mr. De Grandy to say that he went to all these meetings and we have a 400,000 people city and he met with 15, and as a result of that, then he's come up with this -- the input of the people, these things. Actually, he has met with -- more with each ofvou than he has met with the people. I request, please, that one more meeting be scheduled for these consultants to meet with the entire Upper Eastside and for these consultants to listen to their concerns. That's the least we can do. And that today you, in your straw vote, vote it down pursuant to the meet -- in accordance with what you're going to do is sending this back jlir them to he able to be heard, and then for him -- if he doesn't change his mind after he hears them, that's fine. You'll have the same report in front of you. But I think they deserve to have their concerns -- I think he deserves to hear them in a actual -- in a format of a meeting. So 1 do request that you do that today, Commissioners. It's the least we can dolor the entire community of the Upper Eastside. Thank you so much. Chair Sarnoff: Thank you. Ginger Vela. Mr. De Grandy: Mr. Chair, may I respond to that briefly? Chair Sarnaff • Sure. Mr. De Grandy: Because I think, number one, it's very positive that you're providing the input City of Miami Pane 106 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 that you're -- opportunity for input that you're providing today. I would tell you, in all sincerity, I do understand the issue very well and it's a desire of `X" amount of citizens to remain together. Having heard that, having heard everything today, I would tell you, I would still bring you the same plan and 1 would still tell you the same thing I'm telling you now, which is my job is to give you my best proposal. Your job is to accept it, reject it, or modify it. And so I think what we're having here is very positive because, by the way, the law doesn't require any public hearing for redistricting. What you did in scheduling five and providing this opportunity is something that's not required by law. But at this point, I've given you my best shot. It may be something that the folks think is way short of the mark, and that's a fair comment. But I think at this point it's in your court, not in ovine. Chair Sarnoff.' I suspect you've never done a redistricting plan where anybody said "great job." Mr. De Grandy: Actually not. Chair Sarnoff: All right. Mr. De Grandy: This is inherent in the process. Chair Sarnof f: Sure. Ginger Vela. Ginger Vela: My name is Ginger Vela. Good afternoon, Connnissioners, and all who are here, and Mayor Regalado. I live at 920 Northeast 86th Street, in Shorecrest, where Ion a resident; also a director of Upper Eastside Preservation Coalition, and I'm on the MiMo board. And I could hardly improve or add a lot to what my fellow residents have said, but I totally agree with them. And I think what I'd like to say is change is always difficult, but change can be much more easily accepted when you know it's going to happen, and that's one of the main things that we felt blindsided about, not knowing anything. And 1 mean, 1 get e-mails about everything. If there's a palm tree that's getting trimmed on the next block, I get something. But as far as our community, we are a community of common interests; we're unified. And our boulevard, MiMo district, it brings us together. I would really say that thinking about this over the last few days, I felt a little energized actually because I'm looking at it now in a more positive way. If we have to move, I would say I want us all to move together to Michelle Spence -Jones's district and remain because we work together great and we can bring something to that district and learn from that district as well, and well work with the people there just as we work with our people now. And I guess that's about it. Thank you very much. Chair Sarnof f: Thanks, Ginger. Elvis Cruz. Elvis Cruz: Elvis Cruz, 631 Northeast 57th Street, Miami. Connnissioners, you recognize the names and faces that are in front of you today. It's the usual suspects that have been coming down here, in my case, for decades, working very hard to protect and preserve our neighborhood. The Upper Eastside, as it is called now, the City of Miami itself promotes that area. It's on the City website. They've done master plans from the City of Miami for the Upper Eastside. As a quick side note to reinforce what Ginger Vela said, I get e-mails from Treisha Brown of our NET office all the time for even the smallest thing, like a tree trimming. We received nothing, and it would have cost zero for the City to have notified us. When the consultant had a public hearing and zero people from District 2 showed up, why was there no reaction from the City? Why did you not question, hey, this is crazy? All the activists in District 2, especial the Upper Eastside, and zero showed up? This is what you got with four days' notice, this crowd here. That's a total loss on me. It makes no sense. The plan as proposed robs Peter to pay Paul. One of the concepts mentioned was keeping traditional neighborhoods whole in one district. That is a very sound and logical and laudable concept. On the other hand, one of the basic operating premises of this redistricting is preserving ethnic voting of gerrymandering lines to preserve ethnicity. I can remember when that was called redlining and that was very City of Miami Pane 107 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 much illegal, and it's also very outdated. We live in a country that has just reelected Barack Mama to the presidency, and yet, we're clinging to the notion that American citizens are incapable n f voting for a quality candidate regardless of their ethnicity, and yet, that's the operating premise behind this plan. So in closing, a question for Mr. De Grandy, through the Chair, if that's the protocol, Can the entire Upper Eastside -- 36th Street northward, FEC (Florida East Coast) railroad eastward -- can it be kept in one district? Thank you. Chair Sarnof f: You've answered that or -- Mr. De Grandy: I've answered that in terms of the two alternatives that I gave you. One was moving all of it into District 2, which puts the overall deviation above the 10 percent and changes the dynamics in terms of the percentage of African -American vote. And I've also told you ill keep all of it within District 2, then I have to go south of 112 for all my population that also affects. I would also tell you, Commissioner, I don't make the federal laws. I just interpret and implement them. And federal law, Voting Rights Act, does require certain things when preconditions are met, and the preconditions are clearly met. Chair Sarnoff.' All right, thank you. Ginger, I thought I'd quote you something I sent to my office on February 7. It was said by David Ramsey. He's an American financial author and national syndicated radio host. He said, "Not until the pain of the same is greater than the pain of the change will you embrace change." So one more time, Not until the pain of the same is greater than the pain of the change will you embrace change." All right, last one is Mr. Crespo. Al Crespo: Good afternoon. I don't live in the City, so I'm not in this fight. And I'm not taking a position on the fight. But did go to the meeting last week and Frank Rollason raised an issue, and since he wasn't here, that's why I signed up to speak. And Nancy, we agree because I thought it was important to bring out given the division here that supposedly the way this is going to be divided is in the middle of the street, the middle of Biscayne Boulevard and the middle of 79th Street. And just from a business point of view, it makes better sense to incorporate both sides of those streets in whatever district is -- it's going to be. And Frank raised the issue of instead of 79th Street to crown, dropping it down and making the natural border the Little River Canal, which goes all the way from Biscayne Bay all the way up, as a better dividing line versus the crown of 79th Street. And also, to try to figure nut how to do Biscayne Boulevard because it really makes no sense, from a perspective of the business people, to have the east side of Biscayne Boulevard under District 2 and the west side of Biscayne Boulevard under District 5. So I think that's a -- that's just a procedural thing that I think should be focused on because it's certainly going to create problems for all those business owners if on one side of the street they're talking to one Commissioner, on the other side of the street they're talking to another Commissioner in order to try to get a resolution. So that's just the thing I wanted to bring. I didn't see Frank here, but I thought that was important just to raise that issue. Mr. De Grandy: Mr. Chair, if I can comment briefly. The river would be a natural boundary. That's something we can consider if ,vou want us to consider. Normally, in terms of traditional redistricting principles, defines manmade boundaries as well -recognized highways or street, and what you do is use the actual street as a boundary. The only other comment I would snake is Mr. Rollason was apparently one of the citizens that did get noticed because he attended one of the public hearings. Chair Sarnoff: So -- Vice Chair Gort: Let me add something. Mr. De Grandy: District 5. Unidentified Speaker: (UNINTELLIGIBLE). City of Miami Pane 108 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Chair Sarnof f: Okay, all right. The notice issue is an issue, but it's an issue to the extent that he's saying I think you should have received notice, hut what you want to do is keep the Upper Eastside intact and he's described to you why, numerically, that can't happen. Whether you want to have a private meeting with him, that's up to I think something well debate right non', but I'm going to recognize Commissioner Gort. Vice Chair Gort: Just a point of information. Northwest 7th Street is split between District 3 and district -- I mean, District 4 and District 1, and we worked it out pretty good. The same thing with Northwest 7th Avenue; it's split with District 5 and District 1, and we have worked it real good and we bring a lot of improvement to that area. Chair Sarnoff: Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you, Mr. Chair. I just jotted down a couple of notes as the various members of the public were making some points. And you know, 1 think Mr. De Grandy also pointed out that even though we were not legally required to give notice or to have -- J'm sorry, to have these public meetings, I recall when we were discussing the issue at the Commission meeting that we debated whether we should have one, whether we should have several, whether they should he in each Commission district. And I think we kind of erred on the side of being -- trying to he over -inclusive in the sense of having multiple meetings, having them in the district. But, you know, nevertheless, you know, I think, from our residents' perspective, you know, what their -- what they want is they want to feel like they're part of the process. And I think, you know, many of them were able to come here today. Many of them may not have been able to come here today. What I heard some of them say is that even if changes are or are not made, we want to he able to voice our concerns, and they don't feel that they were given that opportunity, given, you know, what procedures we ended up adopting. Whether or not we were legally required to do, you know, what we did or whether we were required to do more, it gets -- you know, we talk about this issue a lot on a variety of different subjects, you know, what's legal notice versus what's appropriate notice. And I think what their argument is, they would like more appropriate notice, rather than necessarily what's the legal notice or the legal minimum. I personally don't have a problem -- I don't know how the rest of the Commission feels. I don't have a problem delaying this so that they have an opportunity to voice their concerns so that we can maybe incorporate another level of notice that's more comprehensive so that they have an ability to voice their concerns. You know, I think I was struck by what one of the audience members said, that they feel like a pawn in a game, you know. And, you know, I have to say that this is a very difficult process because, number one, it only happens once a decade. Number two -- and this goes to, I think Mr. Cruz's point -- we do have single -member districts, which means that they were created a while hack to reflect an ethnic composition on the Commission. So that may or may not -- that may or may not be an outdated concept or that may or may not still apply if —we were to go to at -large or whatever. But the fact of the matter is, we have single -member districts, and that was decided a while ago. And I think it has had its intended effect of maintaining a diverse composition of the Commission. So, you know, I'm open. I'm open to listening to the residents. I'm open to whatever modifications this Commission is willing to consider and potentially adopt. I'm not close-minded when it comes to this issue. And I'm fine with there being another level of notice, another meeting, if necessary. Even if at the end of the day -- 1 don't know what that will result in in terms of what we deliberate and change. I don't have a problem with it. But, you know, I leave to my colleagues to chime in. Chair Sarnof f: Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. Real quick, something that I am noticing and I think it's going to be quite obvious. It's Valentine's Day. It's 6 p.m., and all these residents are here. So I think it's quite obvious it is important to them. And listen, this Commission has always stood that it's -- if it's important to the residents and they actually come out here and City of Miami Pane 109 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 speak, then it should be important to us. So with that, I don't have a problem deferring this, having you all he able to get adequate notice or maybe come up with a date and meet with Mr. De Grandy. However, I will put a caveat that from what I am. hearing -- and I'm not sure, you know, what can or cannot be done -- but from what I am hearing, it appears that what you're asking far is going to possibly he impossible. So I'm saying that caveat, but again, I am open. What I think is -- you know, if it's that big of a concern to you all and it's obvious, you know, I think you should he able to meet with, you know, Mr. De Grandy and his team. So I'm open to defer it and have you all meet with him. And the only other thing that could possibly offer is I'm still under 2 percent in my district. And, you know, I know Mr. De Grandy had mentioned a little sliver there into District 2 and, you know, that way it will alleviate, but it's not going to be much. But other than that, you know, I think that you all should have the opportunity to meet with Mr. De Grandy and his team and air out your concerns. And not only that, see if there is some type of workable solution. Thank you. Chair Sarnoff: All right, Commissioner Gort, and then we'll go to Commissioner Spence -Jones. Commissioner Gort: Mr. Chairman, I'd just like to make -- it's not easy. I'm the one that was chairing the first district that was created back in 1996, and it was because of the court order that we had to create the districts. And it's not an easy task, let me tell you. It's difficult. And we had a lot of public hearings and -- but we had to do it by the court demand. There was two ways: We either do it ourself [sic], meeting with the people and do it or the court would do it. And if the court would have done it, it would have been a lot worse. So I just want you to know it's not an easy task; it's very difficult. But I agree; I think you all should have been noticed and give you a chance to speak. Thank you. Chair Sarnof f: Commissioner Spence -Jones. Commissioner Spence -Jones: Well, 1 think out of all districts that would be really impacted the most -- and not making it light on D2 by any means 'cause I know that you have worked hard to get to the point to, you know, where you are with the district. I know then to see that there's a possible loss from that has to be difficult for you as well. But as I listen -- first of all, let me just say this. I agree with my fellow colleagues. I think that everyone should have a voice in the matter. And if for whatever reason, their voice is -- or they feel their voice has not heen included in the process, then it's only the right thing to do, to allow them to have a voice in the matter. So I would recommend that that happens, that there at least be one meeting for them to express their issues and their concerns. And then at that point, of course, we'd have to make a decision, but I do support the fact that they should have a voice in the matter. A couple things were said by nay colleagues and a couple things were said by some of the residents, and I'm going to start with some of the things that were said by my residents -- my colleagues. I think that this does really boil down to having a voice, you know, and not only a voice in you -- the different communities or neighborhoods coming together to express their concerns, but also the voice of a community that I also represent. One of the main reasons why we got here in the first place is to make sure that that voice was being heard. Commissioner Suarez made reference to single -member districts. That happened for a reason, and it was about people having representation. And as we start looking at the kind of what has happened in D5, you know, unfortunately, we lost a lot of people. When I look at the map that Miguel presented today, in many, of those areas that he discussed or had on the map, over 50 percent of those were African Americans. So when the consultant sits down to talk to me about how do I preserve representation, meaning that when we sit and we look at a Commission, that every person is represented in the City -- and I know you understand that, Nancy, more so than anybody else because you've heen elected -- how important it is for people n f a community to feel like there's somebody up there that's going to have a voice fbr them as well. That's not to say, Elvis -- and you mentioned Barack Mama, okay, and that's a wonderful phenomena and we're glad that that has happened. But I'm talking about the residents every single day that I have to serve. They want to have a voice in what's happening in their city as well. That's how we got here, you know. City of Miami Page 110 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 So, you know, there were a few things -- and the media has called me on this issue and I really didn't, you know, up play it or downplay it because I did not want to get into some of the things that were being asked of me regarding this issue. And I know that some of the residents made it clear that, Commissioner, we don't care if it's D2 or D5, you know. We don't care if —it's black or white. We don't care what it is, we just want to be together, and I understand that. But unfortunately, in being together, it creates a scenario that allows for another group to not have a voice, okay, so -- what -- okay, so we can argue about it. I'mjust simply telling you -- and I'm doing this based upon what the consultant has told us. That's why I think the meeting that you're requesting is important so that i_ f there are facts that you want to put on the record that shows something differently, I'm open to that. But this is about representation. And even in the presentations, as each one of you got up there and talked, a few of you guys made some statements that said I don't mind being in D5 or D2, but then there were some undertones that -- statements that said -- made reference to D5 and it -- without saying D5, but how you had gotten your district to a certain point and certain things were happening in the other district that you didn't want it to kind of reflect on what you were doing. Now I'm the first one to admit that, yes, I have a lot of work to do in D5. I think we've come a long way in D -- Nancy, they were made. They were made. Okay, they were made. There were undertones; they were made. And it's okay. It's okay and I understand. But I really don't want to focus my energies on that at all. I want to focus on finding a solution that both sides, D5 side and D2 side, can be happy and comfortable with. I don't have an issue with that. But I think that if nothing else, I leave on this statement -- and Commissioner Gort made a statement and it is so true. All of our districts abut each other. Every single last one of our districts abut each other. And on one side of the street -- 'cause you have to, no matter what -- you'll have one Commissioner representing one side or one group and another Commissioner representing the other side. And they have to coexist. I would hope whatever the decision that is made from your final meeting, that it's understood that from the D5 side, that I will workjust as hard for any -- I'll workjust as hard for everybody in my district. It doesn't matter where you're from. It doesn't matter what your goals and objectives are. It's all about us winning. I think there's a lot of value -- I mean, I'd love to have Nancy, you know -- we've never had a chance to work together, and I think she's the bomb, you know. So to know that there's a possibility that we could have that wealth of knowledge spread around, that'd be awesome for us. But I just -- I don't want to get into alight. And I see my colleagues and everybody looking like, Commissioner, what are you going to say. And you know, the only thing I can say, in closing, it is about representation and making sure that every resident, when they look at this council or this body, they see themselves, and 1 think that's extremely important, just like I think it's important for women to be up here, period. I mean, not to say that men can't speak for women, but I just think that women happen to know and understand our issues a lot better than men, you know. And I just feel that way. So I recommend that we have one more meeting. I'm open to that. And if there's some positive solutions or information that you can bring to the tahle, I'm open to that. And if at the end it turns out that we're right hack where we started from, just please know that in the district that 1 serve, I will workjust as hard for you as 1 work for any other part of my neighborhoods. And Ilook at it as a positive. I'm going to be honest with you. You now have two district Commissioners to hold to the fire, so two pots of money to work with. So that's how I see it. So with that being said, that's the only comments I have, Mr. Chairman. Chair Sarnoff: I think the issue of coming back is not a hard issue. 1 think any time we can all come back and you can sit down and talk with them -- matter of fact, I would suggest an Upper Eastside meeting, and I'd suggest one more meeting down here so that any other district that wants to have input -- and I would also strongly urge the Clerk to get with the NET so that the same kind of notices go out that ordinarily go out when we do rezoning issues. I don't think there's anything more close to a person's heart than something that is close to their home. And I think a person's home is probably the most important thing in their lives. So any time they think their home is -- I don't want to say the word "threatened" but questioned or something is going on -- and it's good to see that a district Commissioner' matters because all you ever hear about is presidents and senators and, you know, I don't know how much they touch your lives. Obviously, City of Miami Page 111 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 they set policy for big ideas, but district Commissioners seem to be where you can reach out and touch, and sometimes, grab somebody. So, you know, with all that said, you know, Elvis, to you, whether I agree with the law or don't agree with the law, it is the law, and the law has been correctly cited by Mr. De Grandy. And while I'd like to think some day that won't be the law, today that is the law. And today, districting the way he has presented it is the law. And may not be what I'd like to see and it may not be what I believe, and it may not be even what I want, but it is what it is based on precedential value. And I think he's done a credible job of -- well, I know he's done a very good job with the law. I don't think he has done anything other than used my district planner, which is a very credible source, to create what the voters demographics are and how they vote, and 1 think, inevitably, we're going to have to follow the law. But 1 can remember wanting to run for this office 'cause the then district Commissioner wouldn't let me see him any longer. And I think any time you have a chance to have a voice and come here, meet with any Commissioner, we should never preclude that, especially on something as big as this, 'cause the perception of this is it's very big to you, and it is big. It can he very large because you can have a Commissioner with a certain vision and a Commissioner with a very different vision. And trust me, none of us are exactly the same up here. 1 learn from Commissioner Spence -Jones a lot and I hope she learns from me some, maybe not a lot, but some. And I think everybody up here, we become the balance of the City of Miami 'cause she has a view, you know, Suarez has a view. He has a pencil. He's always trying to nail those numbers. He's the dean because he's always trying to look at, you know, 20, 000 feet above. And I like to he the parliamentarian. I think it all match. I think it all works 'cause we all want to work towards getting towards the goal, so that's why the districts, I think, work. 1 think that's why the districts are separate, and 1 think that gives you that element of different representation. So here's what I propose we do. I think what we should do is bring this back in 60 days and allow you to have two public hearings; one in the Upper Eastside -- and I'll change this if Commissioner Spence -Jones thinks it should be somewhere else -- and one maybe in City Hall, so you have two more shots to talk to Mr. De Grandy. Commissioner Spence -Jones: I think you need to do it in -- Vice Chair Gort: Sixty days? Commissioner Spence -Jones: -- 30 days. Mr. De Grandy: If7can comment on that, Mr. Chair. Chair Sarnof: Go ahead. Mr. De Grandy: I think probably less than a 60-day period would he appropriate, number one. And number two is, you know, 1 want to make very clear, my job is not to make policy. My job is, like Oliver North, I salute sharply and I charge up the hill. So I need definition also from you. I'm more than happy to meet with these folks, but at the end of that process, ifI don't change my mind, do you want me to bring alternative plans? Because I could bring an alternative plan that keeps all of Upper Eastside in D2 and one that keeps all of Upper Eastside in D5. I don't have a horse in the race. I'm happy to do whatever you want me to dn, but other than what I've done now, 1 don't know what else 1 could do. And so I would ask. far as much direction as you can possibly give me in that regard. Commissioner Suarez: Mr. Chair. Chair Sarnoff: Go ahead. Commissioner Suarez: Thank -- You n'ant to jump in? Commissioner Carollo: I'll yield. City of Miami Page 112 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Commissioner Suarez: No, no. Go ahead, go ahead. Commissioner Carollo: Thanks. No. 1 was just going to say why don't the public meetings occur, and then we could revisit, you know, what we can and cannot do -- Commissioner Spence -Jones: Yeah, allow for them to -- Commissioner Carollo: -- or should --? Yeah. Commissioner Spence -Jones: Yeah. Allow for them to have a voice in the matter. Commissioner Suarez: That's what I was going to (UNINTELLIGIBLE). Commissioner Carollo: Because the truth of the matter is, Ijust don't feel that right now us giving you directions when all these citizens haven't been heard and 1 think they want to be heard is correct. I think you should do the public hearings. I definitely feel it should be less than 60 days. Commissioner Spence -Jones: Yeah, 30 -- at least 30 days. Commissioner Carollo: But -- right. But I feel that they all should be heard and then see if maybe there is some ideas that is workable with your plan or not. And then I think -- I think then at that time it would be more appropriate for us to give you direction. Okay, this is, you know, what you've drawn up. Can you change it, yes or no? If cannot, okay, then we'll go from there. That's my opinion. But then again, you know, I yield to my colleagues. Chair Sarnoff: Commissioner Suarez. Mr. De Grandy: In that regard -- Commissioner Suarez: Thank you. Mr. De Grandy: -- if 1 may, do you still want me, at the end of that process, to bring one plan or more than one plan? Commissioner Suarez: Can I maybe chime in on that issue? There's a couple of things I wanted to say. One is, in terms of the notice, I think we should he clear with the Clerk what exactly -- you know, what kind of notice and to whom that notice will go. I would propose -- what think makes sense here based an the comments that were made today is that there be notice given of the Upper Eastside meeting to the Subareas that are affected, and that that notice he comprehensive insofar as how you kind of defined it, notice that would he given in a zoning matter, which is a direct mail, sort of what Ms. Solares showed us when she came up here, so that everyone will have an individual notification. I think what you see here is, in many ways, the leadership of the activist community from the Upper Eastside. And so I think the benefit of doing the meeting is that you actually see everyone, not just the leadership -- not that we don't have any -- you know, we obviously have a lot of faith in the leadership of that community, otherwise, we wouldn't he here discussing this. But it would be interesting to see what kind of a groundswell there is once the notification is given, you know, whether there's some massive attendance of people who are, you know, concerned about a similar issue. Once that happens, I think, you know, Mr. De Grandy can report hack to us, you know, what his interpretation of that meeting was and the attendance, etcetera, and then 1 think at that point we can decide whether there should he some policy directive that gives a variety of different options to solve whatever issues may arise from that meeting. City of Miami Page 113 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Chair Sarnoff: Okay, so 30 days, come back, have the meeting within that 30-day period in accordance with the way we would notice a zoning matter, Mr. Clerk? Commissioner Suarez: In the Subareas, which is 6, 7, 8, 9, 10, 11, 13, 12. Alice Bravo (Assistant City Manager): Chairman, we'll work with the Hearing Office, who normally mails out the Planning & Zoning notices, so that all the affected areas receive -- Commissioner Carollo: Notification. Ms. Bravo: -- the document. Commissioner Suarez: Okay. Todd B. Hannon (City Clerk): Chair, do we want to set a date now since everyone's here or --? Commissioner Spence -Jones: Yes. Mr. Hannon: Okay. Commissioner Suarez: But let me also say that it wouldn't make sense, for example, to notice Subarea 15, which is just north of my district, for the Upper Eastside meeting, you know, so. Chair Sarnoff. That's why 1 said do you want to have two meetings. Commissioner Suarez: Right, which is fine with me. But you can notice that Subarea for the City Hall meeting -- Commissioner Spence -Jones: Yes. Commissioner Suarez: -- but not -- 'cause it's also an expense issue. I mean, you have to send -- Chair Sarnoff: No. I -- Commissioner Suarez: -- a lot of money, you know -- you have to spend money to send out the notices. Chair Sarnof f: So what do you want to do? Do you want to pick the meeting dates now? Vice Chair Gort: I think you have to if you're going to keep within the schedule. Chair Sarnoff.' So, Mr. Clerk, do you want to give us --? Do you avant me to go on my --? 171 go on mine. This is Thursday -- the first meeting a week from today on the 20 -- Does anybody know if City Hall's available? Does anybody know if Legion is available on the 21st? Is that sure, yes, it is, that someone knows that? No? Okay. Well, I would say, why don't we have it on the 21 st in the Upper Eastside, and then -- okay -- on March 7, in City Hall. 1 don't know that that's available, but I have a magnificent Manager that's going to tell me in the next two minutes if that's available. Unidentified Speaker: (UNINTELLIGIBLE). Commissioner Suarez: You guys got to speak into the mike. Chair Sarnoff.' You get two of them. No, no, no. You're going to have two opportunities. You get the -- you could stay at the Upper Eastside and you could say, well, he didn't listen to me City of Miami Page 114 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 correctly, and you could come down to City Hall again. You get two opportunities. And then it will come back to this body on March -- Commissioner Carollo: Fourteenth. Chair Sarnoff.' -- 14. Commissioner Suarez: Sounds good. Chair Sarnoff: So my question to Madam Clerk, is March 7 available at City Hall? Julia D. Hernandez (Legislative Services Supervisor, City Clerk's Office): Yes. There's a Code Enforcement -- Chair Sarnoff: How long does that take? Ms. Hernandez: (INAUDIBLE). Chair Sarnoff: Can we move a Code Enforcement? I don't know. I'm not -- I don't deal with City Hall. Commissioner Suarez: Why don't they just give us an available date? Chair Sarnoff. Yeah, what's an available date during the week of March --? Give us the first full week in March, March 4 through the 8th. What is available at City Hall? Commissioner Suarez: That's true. Slie said it like planning a wedding. I said, yeah, my wedding's -- my wife's a wedding planner so 1 get it. Ms. Liebman: Can 1 add a little suggestion, Commissioner? Are you telling me no or hini no? Chair Sarnoff: No, I'm looking at him. Mr. Hannon: We were looking at -- Chair Sarnoff. Unless you have City Hall's schedule, I'm not -- this isn't directed at you. Mr. Hannon: We were looking at March 8 at 5 p.m. as available, the chambers at Miami City Hall. Chair Sarnoff • That's a Friday. Mr. Hannon: March 11, which is a Monday, is also available at 5 p.m. Commissioner Carollo: Commission meeting. Chair Sarnoff • That's the week of the Commission, which means then we'd have to -- I don't -- I think somebody could, theoretically, five -day -rule this, which would mean we then would be putting it on the March 28 meeting; am I right? Commissioner Carnllo: Yeah, and we don't avant to do that. Chair Sarnoff • Well, let me ask y'all. How do you feel about a Friday evening meeting? I wouldn't want to do it, but -- no. City of Miami Page 115 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Ms. Liebman: You won't get anybody. Chair Sarnoff So then it March 11. Mr. Hannan: Sir, we can try March 5. There is a HEP (Historic and Environmental Preservation) Board meeting -- correct? -- Mr. De Grandy: I'm not here. Mr. Hannon: -- at 3 p.m., but we could -- Chair Sarnoff. Well, they're done by then. Mr. De Grandy: I'm not -- Mr. Hannon: So then we can shootfor March -- Mr. De Grandy: -- available on March 5, Mr. Chairman. I have a County Commission meeting. Chair Sarnof f: Well, in the hierarchy of things -- Commissioner Carollo: March 6, March 4? March 4, March 6? Ms. Bravo: March 4? Mr. Hannon: There were meetings scheduled on those particular days. We were trying to find something around 5 p.m. where there wasn't a hoard meeting scheduled. Chair Sarnoff • What's scheduled on March 4? Vice Chair Gort: You can change the Code Enforcement. Chair Sarnoff What, just move them? Commissioner Carollo: What's on March 4 and March 6? Mr. Hannon: Virginia Key is scheduled on March 4 here at the chambers. Chair Sarnoff I'm sorry. What's scheduled on March 4? Commissioner Carollo: Virginia Key Beach. Mr. Hannon: March 4, Virginia Key Beach, but we could reach out to the liaison for that board to see if they could -- Chair Sarnoff: And Virginia Key Beach could meet in the Manager's conference room. Tice Chair Gort: Yeah. Mr. Hannon: That's a good point, sir. Chair Sarnoff: So, March 4, 6:30. That gives everybody time to come home from work. That'll he the City Hall one. And what did we say would he -- March -- February 21 for the Legion hall meeting. I don't know who I'm hooting out of there, but it's probably a wedding party. No? Okay, so February 21, 6:30. City of Miami Page 116 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Mr. De Grandy: Six thirty. Chair Sarnoff: You okay? Mr. De Grandy: Yes. Chair Sarnoff: And then March 7, 6:30 here. Mr. Hannon: That was March 4, sir. March 4 is a Monday, 6:30 -- Chair Sarnoff: I'm sorry. You're right. I apologize, March 4. And then he aware that this will come back to the Commission on March 14, and I will give you a time certain substantially like today, either -- probably 5 o'clock is even better. But let me see how big the agenda is. If it's not a very long agenda, it'll he 4..30. I think the March agenda will he a long agenda. Commissioner Carollo: Just to verify the dates, you got March 4 at City Hall, and then what's the other one? February 21? Chair Sarnoff: The other one is February 21, Legion. Mr. Hannon: Six thirty p.m.., yes, sir. Did we also want to specify the regions? 1 believe Commissioner Suarez had mentioned something about the regions for- us to mail in too for these meetings. Chair Sarnoff: Well, you have the meeting notes. I think he laid them out pretty well, but -- Commissioner Suarez: Six, seven, eight -- nine goes to the one -- twelve, ten, and then 1 don't know if eleven, which is Wynwood, I don't if -- thirteen, maybe. I don't -- Mr. De Grandy, you think 11 and 13 are needed in there? Mr. De Grandy: I don't think so. It depends on what you want. If ,you want to inform all the residents that could he affected in Upper Eastside -- Commissioner Suarez: They're out of order. Mr. De Grandy: -- it would he 6, 7, and 8. Commissioner Suarez: Right. Chair Sarnoff • Let's do it because I don't want to go through this exercise again. Commissioner Suarez: Right. Chair Sarnoff: And I don't want somebody showing up later saying I didn't know. Commissioner Suarez: That's basically the eastern border. I mean, the changes along the eastern border of the district are the ones that I outlined. I mean, 14 is already -- you're talking about -- you know, you're talking about downtown, so I don't know that you want to go that far. Chair Sarnoff: I don't think there's any -- Commissioner Suarez: I don't think there -- Chair Sarnoff: Well, there were 3,000 voters. City of Miami Page 117 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Commissioner Suarez: It's up to you. Chair Sarnoff: You know what, in for a penny, in for a pound. 1 think you should let everybody know. Mr. Hannon: Just so I'm clear, so that's 6, 7, 8, 9 -- Commissioner Suarez: Six, seven, eight, nine, ten, eleven, thirteen. It's up to you whether you want to put fourteen -- or 1 don't know how many residential units are in that -- Chair Sarnoff.' Fourteen is 3,332 voters. Commissioner Suarez: Okay. Chair Sarnoff: So -- let me say population. 1 didn't say voters. Commissioner Suarez: Yeah. I was going to say that didn't sound right. Chair Sarnof f: Right, 3,300 people, so they should get notice. All right? Mr. Hannon: Yes, sir. Well work on that. Chair Sarnoff.' All right. Thank you all very much. Ms. Liebman: Excuse nae. May Iplease request that in all of. this notification, all of the merchants on Biscayne Boulevard who are working there, who are paying taxes should he notified. 1 know you're dealing with the humanity that votes, but these are also people who are involved, the same for 79th Street. They have business districts, but please don't leave them out. This is about a census. It's not about who votes. Chair Sarnof f: Okay. Thank you. Thank you all for coming. All right, what do you have, blue pages lefi? Unidentified Speaker: (UNINTELLIGIBLE). Chair Sarnoff: Oh, I'm going to make sure he does that. Commissioner Suarez: That's a good one, yeah. Chair Sarnoff • He should do every NET area, MNU (Miami Neighborhoods United). You guys should use your e-mail (electronic) list. Commissioner Suarez: Clerk, I think there's one additional layer that the Chairman was requesting of notification, to all the homeowners associations and all the NET offices in the affected areas. Mr. Harmon: Correct, and that'll be through the media blast or the -- Commissioner Suarez: No -- Chair Sarnoff: No. Commissioner Suarez: -- direct notice. City of Miami Page 118 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 DI.2 13-00109 DI.3 13-00120 City Commission Chair Sarnoff: Go to NET. Commissioner Suarez: Direct, yeah. Chair Sarnoff • You have to learn this process. If you don't, it's going to be reduction in pay. Are ire clear? Mr. Hannon: Yes, sir. Chair Sarnoff: 1 didn't ask those 42 questions. That was one of them. Commissioner Spence -Jones: And if you get it right, you get a bonus. Commissioner Suarez: He's joking. Just in case you haven't figured out yet that he's joking. Chair Sarnoff: No. We'll work through it. 1'11 tell you how to get through -- Tice Chair Gort: Yeah, automatically they go to the NET. They all send all that to the NET. What he's saying, he doesn't send it directly. He's got to go through the channels that he's got to do, right? Okay. Chair Sarnoff: Well get you through this, I promise. DISCUSSION ITEM PRESENTATION BY THE ALCOHOLIC BEVERAGE ORDINANCE REVIEW COMMITTEE AND PROPOSED AMENDMENTS TO CHAPTER 4 OF THE CITY CODE. 13-00109 Email - Alcohol Ordinance Discussion Item.pdf 13-00109 Report - Alcoholic Beverage Ordinance Review Committee.pdf SPONSORS: CHAIR MARC SARNOFF DEPARTMENT OF PLANNING & ZONING Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item DI.2 was deferred to the February 28, 2013 Commission Meeting. DISCUSSION ITEM DISCUSSION REGARDING THE RETENTION OF OUTSIDE COUNSEL FOR MAYOR TOMAS REGALADO IN CONNECTION WITH THE LAWSUIT STYLED MICHELLE SPENCE-JONES V. STATE ATTORNEY KATHERINE FERNANDEZ RUNDLE, ET. AL. 13-00120 Cover Page.pdf 13-00120-Submittal-Berger Singerman Memorandum of Law.pdf 13-00120-Submittal-Commissioner Suarez-E-mail.pdf City of Miami Page 119 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 DISCUSSED Chair Sarnoff: All right, 10 o'clock, we have a time certain for the outside counsel. I think Mitch Berger at Berger Singerman is here, and I think you get to actually occupy the City Attorney's seat. Commissioner Suarez: Wow. Chair Sarnoff: This is new. I got to say, I haven't seen this one before. Mitchell Berger: I can take the -- Chair Sarnoff • Well, you could, but I think -- Mr. Berger: Okay. Chair Sarnoff -- that's where advice comes. But this is it; this is your time to shine. First on behalf of the City, of Miami, 1 want to thank you for taking -- undertaking the job that you've undertooken -- undertaken, excuse me, and have done so pro bono for Berger Singerman to the City of Miami. Do you want to do a slight presentation or some sort of --? Mr. Berger: Yeah. Look, it's an honor to do some public service. You all do it, and the citizens ofMiami should he thankful that you do it. You know, public service is no good deed goes unpunished, and 1 certainly understand that. So it's an honor for us to do a little bit to help out. You know, the question that you've asked is, May the City pay for legal fees for the defense of the Mayor related to a civil lawsuit filed against him, and may the City pay for the Mayor's legal defense as requested on an ongoing basis? While originally I did not think we were going to do a memo, we did a memo. The memo is pretty straightforward. I think most of you probably knew the answers hut were seeking some guidance. You, of course, given the allegations in this lawsuit -- this is the Spence -Jones lawsuit versus Regalado and others -- given the allegations in the lawsuit concerning the capacity in which the Mayor has -- that makes allegations that the Mayor acted in his official capacity, you can pay for these fees if you want to pay for these fees. You don't have to pay for these fees in advance. And should the -- and this -- the second question, May the City pay for the legal's defenses requested on an ongoing basis? The answer is yes, you can, but you don't have to. This is a public policy determination. The allegation that triggers this is that the defendant, Tomas Regalado, as the Mayor of the City of Miami, acting in the capacity of agent/servant, an employee of the City, and within the scope of his employment as such, he is being sued in his personal capacity. That's in paragraph 22 of the complaint, that the Mayor acted under color of law, paragraph 620 of the complaint. These are allegations in the complaint that allow you to pay for the defense if you want to. Now, when must you pay for the defense? You must pay for the defense lithe Mayor wins. The statute is 111.07. If the Mayor i-vins, then you must pay for the defense. You don't have to pay on an ongoing basis. So it becomes a public -- you know, the hot potato goes back to you. You know, you're -- there's no requirement. Commissioner Suarez: We're used to that, by the way. Mr. Berger: Right. No good deed goes unpunished. So the hot potato goes back to you. Now, I've tried to give you some -- you know, some guidances [sic] as to -- you know, this is not my job, you know, but -- you know, I don't -- of public policy considerations. Well, each and every one of you, right, could he sued by anyone in the City making the allegations that has been made against the Mayor. I know in my, own personal experience -- I sat on public boards -- I've been sued in similar allegations that were made against your Mayor, and our hoard was sued as a whole and we elected to -- we decided to have our legal, fees paid on an ongoing basis; that this is totally a public policy decision. Now, our recommendation is if -you do make that decision -- City of Miami Pane 120 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 and we're not telling you to make that decision. That's your call. -- that you make findings as to why you find it to he in the public interest to do this on an ongoing basis. Because the statute, while it gives you the ability to pay for it on an ongoing basis if you choose to, the better practice -- because there's no case law here -- is to actually make public findings as to why you think it is in the public interests to pay for it on an ongoing basis. There are other options. Obviously, I helped to run a law firm. You know, there are dif -- there are other options to he had here. Lawyers, you could select a lawyer and suggest it to the Mayor, who might be willing to do this and wait to he paid at the end. The Mayor's lawyer might he willing to wait and -- to get paid on it at the end. These are -- you know, I -- you know, I'm not going to tell you which are the better or the worst options. I'll be happy to discuss those with you, ifyou have questions. You can -- if you do choose to do this, it would be -- given the nature of this type of proceeding, it would he beneficial for you to reserve the right to not pay at any time because once you say you're going to pay for everything, then obviously, you've -- just like the contract you just entered into to do the crash for the vehicles, you've said you're going to pay for everything, so you should reserve, like most of my clients do, the right to review the hills, right, and to decide not to pay in the future. Let's say there's a summaryjudgment and the Mayor is, found to have been not acting in his capacity, but the litigation is ongoing. You know, that even though summary judgments are preliminary in nature and not final in determination, you might at that point and time say that it is not in our interest or the citizens' interest to continue to pay for the defense. So these are things to consider. But the basic answer is yes, you can, if choose to. You should -- you need to make public findings if you do choose to and that's the answer, that's the legal answer. But I think 1 would be negligent in not suggesting to you that, like any other lawyer and any other obligation, you should condition those obligations with some wise controls, ifyou choose to do it. Chair Sarnof f: Let me do this. Let me see lithe Mayor's attorney, Mr. Quinon is there, because maybe he can exactly define what it is he's seeking. Jose Quinon: Yes. Thank you. First of all, I want to thank Mr. Berger and Mr. Figg. I thought their memorandum was very thorough, covered the whole area, not only of the law but public policy that's involved in this matter. So I really thought it was very good. And I want to also commend the Commission for going through this process that leads us into today where we have essentially canvassed the entire legal landscape as well as the public policy that is in the memorandum.. I'm going to make this easy far the Commission because 1 really have known Mayor Regalado, for some time and I really believe in him and think that he's done nothing improper in this case. I think that Mr. Berger rightfully said that Mayor Regalado is entitled to get paid by law if he wins, and I'm going to do that. I'm going to take the case and I'm going to proceed to represent Mayor Regalado. And if he wins, by law he's entitled to get for reasonable fees and costs, and we'll do it that way rather than put you in a -- kind of a -- the reason why we're doing it is because it puts you in a -- kind of a distasteful position of having to make a public finding a finding of public purpose when, essentially, you have two members of the same body going at each other and that is kind of a difficult situation to be in to make that kind of finding. Now, there's no question here, that there are allegations right in the complaint that Mayor Regalado was acting within the scope of his employment and that he was acting under color of law and, therefore, Mr. Berger rightfully said that that gives you the latitude to go ahead into the issue of payment of the attorney's fees. But then you have an issue that you're not entitled to get paid for those fees ifyou acted in bad faith or you had a malicious purpose. And so the problem is that you would have to make a public finding of public purpose at this point as to that issue. And rather than do that, what we're going to do is we're going to proceed representing the Mayor and at the end, if we win, we'll come back and it'll he a traditional case. In that way, at the end we'll have essentially everything that was done and we can parse out what i-vas reasonable, what was not, and all that, and 1 think it makes it easier an the Commission. It doesn't make it easier on me because, as a lawyer, I'm running, you know, an office, but I understand the uniqueness of this case. I understand that you all have an obligation to the citizens and the members of the community and, quite frankly, we want to be sensitive to them. City of Miami Pane 121 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Mayor Regalado wants to be sensitive to the members of the community and he doesn't want to do anything at all that would impose a burden upon the citizens that they should not carry. So we're going to do it the right way. We're going to say if we win, we'll he hack. We believe we will be back, and at that time we'll take it up. So, if you have any questions of me, I'll be glad to answer at this time. Chair Sarnof: Okay. Commissioner Suarez, you're recognized for the record. Commissioner Suarez: Thank you, Mr. Chair. First, I'd like to -- before thanking Mr. Quinnn, I'd like to thank Mr. Berger and his firm, Berger Singerman, and --fbr producing -- well, first of all, ,for their involvement, far stepping up to the plate when the City was seeking a top-notch attorney and firm to represent the City in what is, as Mr. Quinon said, a very rare circumstance. And it was handled in an imminently professional manner. You know, I met with Mr. Berger more than one occasion. I joked with hint once: How much would this have cost me ill were paying your fees? It was a lot of money. And I can only imagine how much the memo would have cost if we were paying for it. By the way, Madam Attorney --1 think you're still around here -- this is the standard set to writing a legal memo. I mean, this is unbelievable, very comprehensive, very well done. And I agree with Mr. Quinnn that, in essence, you know, it sets forth, you know, the standards very clearly. I also want to thank Mr. Quinon for stepping up to the plate as well. At the end of the day, it would have been a very difficult public policy decision for all of us because we are here to safeguard the interests, financial interests of our residents, and I think it's -- unfortunately.for you, it kind of falls on your shoulders, but as Mr. Berger was saying, you know, it's incumbent on the legal community, in rare circumstances like this, for them to step up. And so I commend you for stepping them up to the extent that the Mayor played a role, and that I commend him as well for urging you to do that. Because I think at the end of the day, it's what's in the hest interest of the residents of the City of Miami, and that's what we're always striving for. And it would have been an uncomfortable, I think, position fin- all of us. You're right; it's two colleagues of ours. It's a rare circumstance. You know, the City Attorney has not -- has recused herself, in essence. And so, you know, J think -- you know, I think your gesture was one that is in the best interest of the public. Thank you so much. Mr. Quinon: Thank you. Appreciate that. Chair Sarnoff: All right. Anyone else? Commissioner Gort. Vice Chair Gort: Thank both of them. Thank you for your services. Commissioner Suarez: Thank you. Mr. Berger: Thank -- well, thank you fbr your service, and thank you for allowing us the opportunity. Chair Sarnof: Don't go anywhere. We're not done with you yet. I know you want to get back to billing. Vice Chair Gort: Is that right. He's got a bill. Chair Sarnoff. But we're going to get a full hour out of you. Mr. Berger: No. Okay. Commissioner Suarez: Can we at least get him back for a proclamation? Chair Sarnoff. You're right. City of Miami Pane 122 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Commissioner Suarez: We need to give him something to thank him. Chair Sarnoff: But I think he'll charge us far the proclamation. No way he coming hack for ,free. Commissioner Suarez: We'll send it to you by mail, Mr. Berger. Mr. Berger: Well, you know what Shakespeare said, right, about killing all the lawyers, right. But -- everyone forgets the other part n f what Henry was saying, which was, if ,you want to end civil liberty in our -- in England, the first thing you must do is kill all the lawyers. So that's -- everyone forgets the first part -- Commissioner Suarez: So we're a necessary evil is what you're saying. Mr. Berger: Right. Chair Sarnoff • Commissioner Carollo is recognized. Commissioner Carollo: Thank you, Mr. Chairman. And I just want to thank Mr. Berger, Mr. Figg, your firm. I appreciate it. And also Mr. Quinon for stepping up to the plate. You know that, realistically, we do the work here for the citizens, and you actually made the decision very easy now. So, you know, thank all the parties. Chair Sarnoff.' So let me see ifI understand this, Mr. Berger. We need to take really no action today, right? Mr. Berger: There's no action that you need to take. Mr. Quinon has made the decision easvfor you. I mean, the -- you know, obviously, he's going to be billing. It might be great for him to send you a monthly redacted statement so you have an expectation of what's going to happen in the end. Mr. Sarnoff, I know practices law as well. I mean, client expectations or, in this case it's not a client, but payment expectations are good to monitor. And other than that, I don't think you need to take any action. Commissioner Carollo: Mr. Chairman. Chair Sarnoff.' You're recognized, Commissioner. Commissioner Carollo: One thing I do want to mention with regards to reviewing the invoices. flour City Attorney is conflicted out, do we need to hire someone or could -- Mr. Berger, would you be willing to review for reasonableness should the Mayor win his case? Mr. Berger: Well, look, the answer is, of course, in for a dime, in for a dollar, right. So I understand the question, and the answer is yes. But to he direct with you, I think the City Attorney, you know, might not he as conflicted as she might think she is and -- but I'm happy to do it. But this is -- you know, at the end o_f the day, she shouldn't he conflicted about reviewing, you know, this type of billing. You know, if he wins, you're going to have to pay. Commissioner Suarez: Right. Mr. Chair, ifI may? Chair Sarnoff: You're recognized. Commissioner Suarez: Yeah, 1 think -- and if you want to say something on that matter -- 1 would just say that -- Mr. Quinon: All I was going to say on that is part of the reason why I did it is so that we City of Miami Pane 123 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 wouldn't have to parse billing throughout as we go along. At the end of the day, I'm going to come back and I'm going to have a very detailed billing, which we can then take up the issue whether it reasonable or not. What I didn't avant to do -- part of the reason why I didn't want to do it on an ongoing basis when 1 thought about it is because, quite frankly, some of you may actually be witnesses in this lawsuit. And so it puts you, again, in another uncomfortable position of -- it puts me in an uncomfortable position. How much information am I going to give you so that you can judge what is reasonable, knowing that you may be a witness and you may be acquiring information that may not even he within your knowledge at this point. So the way that I envision this is, at the very end, I come in; you'll have all the billing; and then at that time well take up what is reasonable and what is not. And if you, feel it's not, we'll discuss it and we'll come to an agreement. Mr. Berger: I think that's a perfectly acceptable -- Commissioner Suarez: I think that's fine. Mr. Berger.: -- procedure, Mr. -- honorable Commissioners. Commissioner Suarez: And I think -- Mr. Berger: I thank that's a perfectly reasonable way to do it. Commissioner Suarez: That's, fine. Chair Sarnoff: Commissioner Gort, you okay? Later... Todd Hannon (City Clerk): Excuse me, Chair. Chair Sarnoff: Yes. Mr. Hannon: For the record, I do have a letter from Berger Singerman, dated February 13, 2013, with a subject matter, "Memorandum of law regarding Mayor Tomas Regalado's requests for paid legal defense. " I'm submitting that into the record for item DI.3. Chair Sarnoff: Along with the memorandum. Mr. Hannon: Yes, sir. Chair Sarnoff • Okay. Commissioner Suarez: Mr. Chair, ifI may? Chair Sarnoff: Yes, sir. Commissioner Suarez: Can I submit also an inquiry that I made to the Ethics Commission regarding voting on this matter? I don't think it's really necessary for me to read the whole entire letter into the record because we didn't really take any action formally on it, but lthink it's important that it be preserved, and it's an e-mail (electronic) anyway so it is already a public document. But if you don't mind, I'd like to -- Chair Sarnoff • Go ahead. Commissioner Suarez: -- put it in the record. Thank you. City of Miami Pane 124 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 D1.1 Chair Sarnof f: Thank you. Vice Chair Gort: Thank you, sir. Appreciate it. Mr. Quinon: You're welcome. Chair Sarnof f: Thank you, Mr. Berger, very much. Berger Singerman, kudos to you guys. Vice Chair Gort: Thank you. Mr. Berger: Thank you for what you do. Chair Sarnof f: I'd do a commercial for you, but that'd be proselytizing. Vice Chair Gort: If 1 may. Chair Sarnoff.' Yes, you're recognized. Vice Chair Gort: I think the -- Commissioner Suarez, I think we also need to recognize Tom. Scott and Scott Cole that provided some pro hono services for the City also; would like to thank them also. Commissioner Suarez: I agree and -- Vice Chair Gort: So we do have a lot of good attorneys. Commissioner Suarez: 1n my conversations with Mr. Berger, he mentioned that, you know, it's -- in my cases -- and I think Commissioner Carollo's brother was one of the examples -- you have attorneys that will -- are waiting to step up. And Mr. Berger was saying that, you know, in the distinguished career of most attorneys, they're, at one point or another, going to he called to some sort of a service to do pm bono work, whether it be for the City, whether it be for someone or some other cause, so we definitely have to recognize and, you know, definitely he thankful for those that do step up during those moments. Thank you, Commissioner. Vice Chair Gort: Thank you. Chair Sarnof f: Thank you all. END OF DISCUSSION ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 VICE CHAIR WIFREDO (WILLY) GORT DISCUSSION ITEM City of Miami Pane 125 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 13-00163 DISCUSSION OF A FREEZE OF ANY NEW SHELTERS IN THE CITY OF MIAMI OR ANY ADDITION IN BEDS UNTIL SUCH TIME AS OTHER CITIES AND PARTS OF DADE COUNTY MEET THEIR OBLIGATIONS TO THE HOMELESS PROBLEM. 13-00163 Freeze on New Shelters - Homeless Problem.pdf 13-00163-Submittal-Commissioner Gort.pdf DISCUSSED Direction by Chair Sarnoff to the City Attorney to develop a stopgap measure addressing the issuance of permits that allow for the creation of additional shelters and/or bed space for homeless individuals within the City of Miami, and to provide the City Commission with a recommendation on actions that may be taken to address a long-term solution at the next commission meeting. Chair Sarnoff: You guys -- I know. Well, I'll ask it right now. Do you want to do blue pages? I think that's all that's left. Commissioner Carollo: I don't mind. Commissioner Spence -Jones: Are we going to --? Are we --? Chair Sarnoff: We have -- and 1 guess you got boards. Commissioner Spence -Jones: Can we defer otm --? It is Valentine's Day, now. Chair Sarnoff: I'm okay with it. I'm okay with it. Commissioner Spence -Jones: But 1 do want -- Chair Sarnoff.' Want to defer everything? Commissioner Spence -Jones: Do you want to deal with some of ,your --? Vice Chair Gort: I got one pocket item. Commissioner Spence -Jones: And 1 just want to deal with one item on my blue pages, and that's the Citi' Attorney issue, and that was it. Chair Sarnoff: Okay. Let's do the City Attorney issue. Commissioner Spence -Jones: Well, no. Let's -- Gort is before me. He can get his out of the ii'ay. He has one. Chair Sarnoff: Well, Gort's got a pocket item, you know, and pocket items are -- Commissioner Carollo: Yeah, pocket items should come at the end. Vice Chair Gort: It's a district item. Mine's plain and simple. Enclosed you will find pictures of the homeless situation at 7 a.m. at 1669 Northwest 7th Court, Missionary of Charity, Inc. The homeless population has been increasing in District 1. As a result, our office had a meeting with the attorneys for the Missionary Charity, Inc., Camillus House, Jackson Memorial Hospital, the Manager's office, NET (Neighborhood Enhancement Team), Police, Code Enforcement. Code City of Miami Pane 126 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Enforcement inspecting the facility on this Friday. They're going to inspect that facility. What I'd like to do is, I'm requesting a freeze on new shelter in the City of Miami or any addition in beds until such a time as other cities meet their obligation. At the same time, one of the things we found in this meeting when we were talking about the coordination, there's really not a center coordinated or nobody really in charge of coordinating all the regulation that we place on these facilities. If you all recall, the City of Miami took the initiative in creating the first homeless shelter with the condition that there would he some additional shelters south and north. It was built in the south; never built in the north. At the same time, all this feeding system that is taking place without permit creates a lot more problems within our neighborhoods. People are pushing the homeless away from certain areas, but they end up in District 1, 2, 3, and 5. So this is a resolution that I would like to have a freeze on new shelter in the City of -Miami or any additional beds or permits for feeding because people go and they're well intended to feed the homeless, but at the same time, they don't realize they created a problem by do so. You got the pictures in front of you. That is taking place right at the -- next to the District 5 and District 1 and that's affecting the area quite a hit. And this -- some of this individuals have become very aggressive. Now let me tell you, our City of Miami Homeless Trust is really working very closely with them, but we need to coordinate the efforts a lot more. We really don't have any leadership on that. Chair Sarnof f: I think -- well, I don't want to say something. I'm -- Vice Chair Gort: I think you know about this problem. Chair Sarnoff • I do, and I don't want to announce anything because you all are going to get briefed very shortly. Vice Chair Gort: I know, okay. Chair Sarnoff: And 1 know it seems like nothing's happening, but things are happening. And I'm okay with the vote, but I don't really understand the implications of the vote in terms of stopping something. In other words -- actually, my knee-jerk reaction is, of course, to support this 'cause you know how I feel about this. But you're saving you want to have a moratorium or a stoppage of all permitted feeding -- Vice Chair Gort: Not permitted. Give any additional permits. Chair Sarnoff: Further permit -- Vice Chair Gort: Further permits. Chair Sarnaff: Do we give permits for feeding? Do we do that? Vice Chair Gort: No. Chair Sarnof f: So what would he achiev --? Vice Chair Gort: Well, we have places that are utilizing their structure and their building without any permit from us to do the feeding. Commissioner Spence -Jones: Oh, he's saying they should have a permit. Vice Chair Gort: And the pictures that you have in front of you is a problem that's being created by this facility. Commissioner Spence -Jones: And they can't --- and what he's saying is they can't regulate them 'cause there's like -- there's not a permit put in place. City of Miami Pane 127 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Vice Chair Gort: That is correct. Commissioner Spence -Jones: And maybe part of that permit process, you can only do it three times a year or you could put time limits on the -- creating a process for the permit, correct? Is that what you're saying? Vice Chair Gort: That's correct. Chair Sarnoff: Well, 1 don't mean to be dense 'cause 1 want to support this -- Tice Chair Gort: Sure. Chair Sarnoff: -- and I want to help you with this. But here's what I'm hearing. Somebody is feeding some folks without the proper permits to do so. Is that right? Tice Chair Gort: That's part of it. Chair Sarnoff: That's part of it. And you want us to put a mora -- I'm not sure what the moratorium is on. Vice Chair Gort: Not a moratorium, but requesting a freeze of any new shelter in the City of Miami or any additional beds within the City of Miami. 'Cause what's happening right now, the homeless from all the other facilities, the homeless from all the other -- the homeless from all of the other facilities that being pushed out, they end up in our yards. Now what happens is -- and I know our people are truing very hard to work with the Miami -Dade County where everybody that goes to jail, when they let go, they let go right there at the City of Miami, where the heart of my problem is, right in the -- nay district, right in the center of what is the health district. 1 got complaints from Jackson Hospital with a couple of the employees has been assaulted by these individuals. So this is a serious problem that we have and we have that problem throughout the river. We have that problem in Overtown, and we need to have someone coordinate this because they're trying -- our people are truing very hard to get the Jackson, to let them know when the people let go; to let the courts make them aware when they're people from other municipalities are going to be let go so they can take 'em back to where they came from. That is not taking place as they should. So we need to make sure that those actions are taken. Chair Sarnoff: All right. So there's a 'notion, I believe, to put a moratorium -- Commissioner Suarez: Can I --? I have a question. Chair Sarnoff • -- on any additional beds. Commissioner Suarez: I have a question. Yes, I have a question. Chair Sarnoff: Go ahead. Commissioner Suarez: I don't know where I saw it, but I saw recently somewhere that the latest home -- I think I saw somewhere that the latest homeless report had us down to like 511. Is that accurate? Is my number accurate or not? The last census had us down to 511. Is that wrong, Commissioner or Chair? Chair Sarnoff: 1 would tell you that downtown has a rigorous population of 350 people that 1 don't think has changed in seven years. And then I think what has happened is -- I should defer to the experts -- but above the 350 mark has been traveling around the City. City of Miami Pane 128 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Commissioner Suarez: Okay, 'cause what I -- I read somewhere it was 511, if I'm not mistaken. Sergio Torres (Homeless Assistance Program Administrator): Ifvou allow me, Commissioner. This is Sergio Torres, with the City Homeless Program. That is correct. The last census was conducted in January 24; 511 is the number. Commissioner Suarez: And here's my concern in relation to this issue. I understand what Commissioner Gort's saying and I agree wholeheartedly with the spirit of his discussion item because I think what he's truing to say is we are getting overburdened and overrun. What concerns me is if somebody wants to build 100 beds in a facility and take them off the street, are we saying now that we can't --? Unidentified Speaker: (UNINTELLIGIBLE). Commissioner Suarez: I know, hut let's say some -- I know that, hut you know that people don't -- you know, things don't always work in a logical form. Here's my -- let me just -- just hear me out, just hear me out, just hear me out. So if tomorrow some new entity, a new chartable entity says, hey, we want to do 100 beds in Miami to take the 511 that are in our city -- Unidentified Speaker: Perrine. Vice Chair Gort: Frank. Commissioner Suarez: I get you. I would love for it to he in Perrine too, but, you know, I would -- wherever, anywhere but the City of Miami. But my question is, if we put a moratorium and somebody's willing to do it, that takes us from 511 to 411 or from 511 to 311. Vice Chair Gort: I don't have any problem with that, but 1 don't want it in the neighborhood where n'e have everyone. Look:, this is a Miami -Dade County problem. Commissioner Suarez: 1 agree. Vice Chair Gnrt: And we have the burden of the Miami -Dade problem. Commissioner Suarez: I agree. Vice Chair Gort: And you don't see those problems in Miami Beach. You don't see it in Coral Gables. You don't see it in -- Commissioner Suarez: No, they put them in here. They bring them here. Vice Chair Gort: Of course. Commissioner Suarez: They bring them to our place. Vice Chair Gort: So somehow we got to stop that. We have to send the message somehow. 1 mean, our own people are working overtime. They're working very closely with the NET office. They're working with the Police. They're doing a great job, but they need support. Commissioner Suarez: Okay. Let me ask you this question then. And I'm sorry, but this is, I think, an important issue. If we were to do this moratorium, could we -- like let's say somebody had an application or something, could we review their application and --? Vice Chair Gort: I would love to, but 171 tell you right now, I have a couple of people that want to do things within District 1; I'm not going to approve it. City of Miami Pane 129 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Commissioner Suarez: And that's fine and I understand. Vice Chair Gort: So if they want to have somebody else, that's fine. Commissioner Suarez: And listen, I get it. I'm just saying, you know, maybe it's not in District 1, you know whatl mean? Maybe it's in District 5; maybe it's in District 2. Maybe it's in -- No. I mean, listen -- but look -- Commissioner Spence -Jones: Please, 1 don't need no more. Commissioner Suarez: Guys, guys, I don't know -- Commissioner Spence -Jones: (UNINTELLIGIBLE) think of Commissioner Suarez: -- where the 511 of their are. 1 can tell you that some of them, when we were doing some of our cleanups in downtown, were ending up in District 4. They were going into the suburbs of Miami, okay, which is okay. I mean, it's not okay, but it's something that you have to deal with. They're human beings, and they need to he dealt with with dignity and respect. Commissioner Spence -Jones: Right. Commissioner Suarez: So my question is, if somebody wants to build a facility -- Look, I have a facility that it's a mental health facility on 37th Avenue and Flagler. Sometimes people complain about it, but it's a facility that provides very critical services to a population that needs those services and that, if they weren't getting those services, they would probably he adding to that 511. Vice Chair Gort: Well, you can add that they have to come for approval for the City Commission. Commissioner Suarez: Can we? That's all I'm saying. Vice Chair Gort: I don't have a problem. I don't have any problem with that. Alice Bravo (Assistant City Manager): I think -- if I may -- part of the issue is the certificate of use for the particular facility and perhaps Francisco Garcia can discuss if someone conies in and applies for a CU (Certificate of Use) in a site where it's applicable, it may require some type of ordinance change. Commissioner Suarez: I have an idea. We'll look at the site, and if it's in District 1, we'll redistrict around it and we put that in another district and then we're good to go. That was a joke. It's late. Chair Sarnoff: Why don't we pass the resolution as a stopgap measure and bring it back as an ordinance that's well researched to see whether we're within the police powers of the City of Miami to do so? Commissioner Suarez: Fine. Chair Sarnoff: And I think -- and 1-- and I'm going to make sure in the next 14 to 30 days you are all up to speed on where we are because -- Commissioner Suarez: Thank you. City of Miami Pane 130 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Chair Sarnof f: -- in this -- you know, the -- Id me tell you something about the City ofMiami. Nobody wants to ruffle anyone's feathers. Everybody wants to just get along. And in doing so, you sit dormant and you don't get things done. So I've now told them to stop worrying about ruffling feathers. You know me; I love to ruffle feathers. And they should he briefing you very, very shortly because I really don't care who's on board, who's off hoard. All care is what this Commission decides. That's it. So why don't you do it as a resolution that -- if7 heard your resolution, it is to put a moratorium on additional permitting for beds and to designate and ask the City Attorney to bring this hack to the Commission in terms -- as an ordinance as quickly as possible. Is there a motion on that? Commissioner Spence -Jones: Moratorium -- Chair Sarnof f: Moratorium on bed space for homeless? Is that (UNINTELLIGIBLE). Commissioner Spence -Jones: Well, instead of us -- Chair Sarnoff.' In other words, no further permits. Commissioner Spence -Jones: I'm saying, but do you want her to -- before we put a moratorium on it, can we look at what the --? I mean, I don't want to -- Can we have this discussion with --? Julie O. Bru (City Attorney): You know, I think today, since there wasn't any legislation, whether resolution or ordinance, in the agenda -- Vice Chair Gort: It's a discussion item. Ms. Bru: Yeah. Commissioner Spence -Jones: Right. Ms. Bru: Lets -- I'm taking direction from you, that you want to achieve some sort of stopgap measure right now until such time as the issue is thoroughly researched and we can tell you what we can do, for how long we can do it, for how widespread it can be applied, and what implications it could have either under the constitution, the Fair Housing Act or any other law. Chair Sarnoff: As well as Pottinger. Ms. Bru: Correct. So this is a direction for us to come hack to you, if we can, the first meeting in March with -- if we're ready to suggest either an ordinance or resolution, we'll prepare it. Well meet with each of you and you will get briefed on the implications, the legal implications of taking this kind of act. Chair Sarnof f: Okay. So that's an instruction. Vice Chair Gort: That's it. Chair Sarnoff.' All right. Commissioner Carollo: That's a directive. Chair Sarnoff: Direction, sorry, or instruction/direction. END OF DISTRICT 1 DISTRICT 2 City of Miami Pane 131 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 D2.1 13-00125 D2.2 12-01391 D2.3 12-01397 CHAIR MARC DAVID SARNOFF DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 13-00125 Email - Status of Hiring Police Officers.pdf DISCUSSED Chair Sarnoff Last thing. I want to bring up something really briefly, and I want to bring this to Madam City Manager. You're hiring for police. You're in trouble, and you're going under. And I'm just giving it to you just straight up like that, and I could do it a lot more emphatically than Ion doing right now. You're in trouble. And this is the last time -- I'm. not going to the Herald. You are in trouble. Fix it. Alice Bravo (Assistant City Manager): We're -- Commissioner Suarez: And it could get worse, by the way. Ms. Bravo: Right. Commissioner Suarez: So -- Ms. Bravo: I think -- Commissioner Suarez: Yeah, it's okay. Ms. Bravo: -- we're doing everything possible and bringing -- Chair Sarnoff: You know what, gerunds are not going to he acceptable. We are doing we are thinking, we are going to, we are -- we have figured this out is the next conversation we're going to have. Ms. Bravo: Absolutely. DISCUSSION ITEM DISCUSSION ON DEMOLITIONS PERFORMED WITHOUT PERMITS AND/OR CERTIFICATES OF APPROPRIATENESS. 12-01391 Email - Demolitions Performed without Permits.pdf NO ACTION TAKEN DISCUSSION ITEM DISCUSSION ON TRASH HOLES. 12-01397 Email - Trash Holes.pdf NO ACTION TAKEN D2.4 DISCUSSION ITEM City of Miami Pane 132 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 12-01398 D2.5 12-01466 DISCUSSION ON RESIDENTIAL PROPERTIES RENTED FOR COMMERCIAL PURPOSES. 12-01398 Residential Properties Rented for Commercial Purposes.pdf NO ACTION TAKEN DISCUSSION ITEM DISCUSSION REGARDING CONTRACTORS' NEGLIGENCE IN FAILING TO PROTECT TREES. 12-01466 Contractor's Negligence - Failing to Protect Trees.pdf NO ACTION TAKEN END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO D3.1 DISCUSSION ITEM 12-01486 D3.2 13-00165 D3.3 13-00166 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 NO ACTION TAKEN DISCUSSION ITEM UPDATE PROCEDURES REGARDING THE CIP PROCESS IN ORDER TO BETTER THE INFRASTRUCTURE AND SERVICES TO THE COMMUNITY. 13-00165 Email - Update CIP Process.pdf NO ACTION TAKEN DISCUSSION ITEM UPDATE REGARDING THE TIMELY ISSUANCE OF THE AUDITED FINANCIAL STATEMENT ENDING SEPTEMBER 30, 2012. 13-00166 Update Timely Issuance - Audited Financial Statement FY' 13.pdf City of Miami Pane 133 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 D3.4 13-00167 D4.1 12-01455 NO ACTION TAKEN DISCUSSION ITEM UPDATE REGARDING COMPLIANCE WITH THE FINANCIAL INTEGRITY PRINCIPLES ORDINANCE. 13-00167 Update - Financial Integrity Principles Ordinance.pdf NO ACTION TAKEN 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's Blanket Prohibition.pdf NO ACTION TAKEN D4.2 DISCUSSION ITEM 13-00018 DISCUSSION REGARDING IMPLEMENTATION OF GUNFIRE LOCATOR SYSTEM. 13-00018 Email - Implementation Gunfire Locator System.pdf 13-00018-Subittal-Commissioner Suarez.pdf DISCUSSED Chair Sarnoff All right, I committed to Commissioner Suarez on D4.2, a time certain at 10:45. He is now recognized for the record. Commissioner Suarez: Thank you, Mr. Chair. And I'll try to be as brief as possible. And I appreciate you taking my discussion item out of order and in the morning, and I thank nay colleagues for their indulgence as well. I think we're all very concerned with what we've seen as an incredible increase in crime in our City, particularly in our inner cities, and an incredibly high rate of violent crime, and we've talked a lot about how we can curtail that crime. We've discussed trying to advocate to the federal government that they should have stricter gun control laws. And I think this is one technology that we may want to look at as a possible technology to try to see if fwe can develop a comprehensive strategy around that technology that could help us actually have a significant decrease in gunshots and in gun -related violence. We have someone from a company that does this. Obviously, he understands that if there are other companies that do this, that he would be subjected to a procurement process and, you know, I've been very clear with him on that issue. But I'd like to, you know, allow him to make a very brief presentation just City of Miami Pane 134 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 to educate the Commission. This is just the first step, introducing the idea. And then Pin continuing to work with the police department, and I want to thank the members of the police department that were in the meeting with me yesterday, and they were very constructive participants in the meeting, you know, discussing the pros and cons of a system like this, the costs, the benefits, et cetera, and I don't think that there was any sort of resolution at the end of that meeting, other than to say that, you know, they're open to listening and to going forward on something like this. So, Mr. Chair, if I may, I'd like to first allow Mr. Dailey to make a quick presentation, and then I'd like to read into the record some comments from different jurisdictions that we've reached nut to that have implemented this system and have some comments. And I know that it's not unanimous, by the way. 1 know that, you know, varying municipalities have different experiences, but I would just like to read some of those comments into the record. Thank you, Mr. Chairman. Chair Sarnof f: You're recognized for the record, sir. Phil Dailey: Thank you very much. Again, my name is Phil Dailey. I'm the southeast director for ShotSpotter. Thank you, for giving me the opportunity to meet with you today. I did notice that today is Valentine's Day, as I was just reminded a few moments ago, so happy Valentine's Day. And it does seem a little hit like a strange day to be talking about a topic so serious as gun violence on a day when we should he celebrating love and romance. But it is a very serious issue. And so what I've done is I actually have a -- about a five-minute video I'm going to play for you that 1 think does a very good job ofexplaining what ShotSpotter is about and how it's being used in many communities to address gun violence. But before I show you the video, I actually want to spend a few minutes, put a little bit of context around some of the challenges that law enforcement fbces in terms of dealing with gun violence and how the ShotSpotter solution addresses some of these challenges. So in our 15 years of experience of doing this, what we found is that on the average, only about 20 percent ofgunfire is actually reported through 911. So right off the bat, most agencies are working with an 80 percent deficiency in their intelligence. And you've probably heard the old adage that says that you can't manage what you can't measure. And so that's one of the things that ShotSpotter is going to address. And to give you a little hit more example of what I'm talking about here, this is one of our customer coverage areas. It's alive -square -mile coverage area, and this is the amount of gunfire activity that was reported in a 30-day period through 911. Now, here's what the ShotSpotter system actually picked up during that time period. As you can see, there's a dramatic difference between the amount of gunfire that's reported through 911 versus what's going on actually out there. Chair Sarnoff: Is that Boulder, Colorado? Mr. Dailey: It's not. It's actually Oakland, California. So there's a dramatic difference between the actual amount of gunfire that's reported to 911 versus what's actually going on out there, and that gap in intelligence can provide critical information to law enforcement agencies in terns of how to hest allocate their resources, when and where to allocate their resources, and making some very informed decisions in terms of how they're going to really tackle the problem of gun violence. The other significant challenge that law enforcement faces in terms of dealing with gun violence is a lack (if specificity. So when someone calls 911 -- and again, that's only about 20 percent of the time -- unless they're an eyewitness to the event, they can only give very vague information as to what actually happened. And as you can see from this example, caller one heard five or six shots from an unknown direction, caller two heard four or five shots coining from the north, caller three heard six or seven shots possibly from the street behind. And what law enforcement is faced with is a large response area to respond to and you have many minutes that are Lost. It's valuable time that is lost in terns ()Drying to identify where the crime scene might be, and the probability, of identifying witnesses and suspects and recovering evidence become very slim. In those unfortunate cases where you actually have a victim who's waiting for aid, those critical minutes that that person is waiting can mean the difference between life and death. So how does ShotSpotter fit into the picture? I'm going to make a few bold statements City of Miami Pane 135 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 here, and I think the video is going to backup some of those statements. But it's the only solution that can accurately alert you in real-time to the exact where, when, and what of gunfire activity. It's the fastest and safest way to respond to dispatch first responders and to gunfire and explosive events. It's always on. It's forensically certifiable. We've been used hundreds of cases and prosecutions. It's a cost-effective alert data service, and I just want to stress that for a moment. This is a subscription -based, cloud -hosted, gunfire data solution with a gunfire abatement program development component attached to it. We're not asking the City to buy technology and sent surveys and get involved with all the headaches and overhead costs of maintaining a sent survey. We own and manage the technology, the sent survey. What we deliver to you is gunfire intelligence and, again, a training component in terms of how to best make use of this technology. And then last but not least, this is the only way to know the real problem and track it. And from an intelligence -led policing standpoint, this is a critical tool that's going to give you valuable information. For an agency that's very serious about combating gun violence, they have to be able to measure the gunfire activity, and this is the only tool in the world, any solution that I know of that gives you those capabilities. So with that being said, let me play this brief, aboutfour-and-a-half-minute video that was actually recently produced by Bloomberg TV (Television). At this time an audiovisual presentation was made. Mr. Dailey: So I just want to stress that last comment that the reporter made, is that this technology really helps law enforcement go from reactive to proactive policing as it relates to gunfire activity. Last slide I've got for you here -- as some of you may know, we have a system in the Miami -Dade area that borders the City of Miami, and on March 4, 2012, it actually picked up a gunfire event in the northwest sector of the City of Miami, and I just want to play this audio clip here for you. At this time an audio presentation was made. Mr. Dailey: So this was an event on -- at 1897 Northwest 44th Street, with a vehicle moving at 45.3 miles per hour. So that's the kind of information we can provide. As you can imagine, had the City of Miami had this technology in their vehicles, they might have been able to effect a very effective response to that incident. As far as I know, the City ofMiami -- I'm sorry -- Miami-Dade called the City of Miami dispatchers to alert them. of this event, but I'm not sure what happened after that. So that's it for me. And if there's any questions, I'd be able to -- happy to answer them. Commissioner Suarez: Can I just jump in and --? First of all, thank you for taking the time and flying down here and condensing your presentation because your presentation was -- Mr. Dailey:: Yes. Commissioner Suarez: -- a lot longer. And I also want to thank, like I said, the chief's team for meeting with me and debating the pros and the cons. As with any technology, sometimes it's only as good as your ability to use it effectively. And also, you know, there's a cost component of it as well. So 1 think nay objective here today was simply to introduce the subject, for you all to become familiar with it, and then to continue to work with the chief and his team and Mr. Daily or anyone else who has similar technology to see if we can work something that could have a significant impact, you know, on our gun -related violence in our city and, you know, obviously, trying to think outside of the box and use, you know, technology -based solutions. I just want to -- we actually reached out -- our office reached out to some of the municipalities. Mr. Llorente, my chief of staff, actually e-mailed (electronic) or called some individuals in those different jurisdictions and we -- I just wanted to read some direct quotes from their responses to our e-mails. From Rocky Mount, North Carolina, Sergeant Kevin Bern, We have been using ShotSpotter for two years now and I found it to be a very useful and versatile tool. Not only have City of Miami Pane 136 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 we made many arrests based on gunfire alerts, it has been a great investigative tool for location, corroboration of witness statements, and identifying problem addresses. We have seen a decrease nfgun-related crimes overall, and the company has been great to work with. "Oakland, California, which was one of the examples that we saw. This is Captain Ersie Joyner: Pam completely pleased with our system and its deployment. In fact, we just expanded from 49 percent of our city covered to almost 80 percent now. The system has helped decrease our response time, increased productivity and gun recoveries, and the monthly analysis has helped in our deployment efforts. "Miami -Dade County, Lieutenant Denise Burnhard: I am a huge proponent al the system and found it to he extremely valuable. I believe some of its strengths [sic] is in the investigative value of the applications. "It is -- ft was very accurate and dependable; the customer service ire received was extensive and immediate. We have used the system for a calendar year and have, overall, been happy with the results. When applied correctly and when investment is made" in -- "by the department that is utilizing it, it is a worthwhile investment. It did allow us to respond to areas experiencing gun -related incidents quickly and guns were located on some of those incidents. In the investigation [sic], it not only assisted us in our cases to locate subjects; it was able to eliminate some complaints altogether. As an example, a man claiming to be shot in one location was confronted with ShotSpotter information that showed conclusively no gunfire had occurred at that location. He was later identified as a subject in a shooting. " Boston, Massachusetts, Lieutenant Harold Cataldo: Boston monitors 6 square miles with SSP (ShotSpotter Program). Boston is satisfied with the system. Boston experienced some growing pains with SSP. It -- training far dispatchers and officers is critical. And the SSP improved response time; alerts arrived one to two minutes before 911 calls (30 percent no call). SSP can help police locate gunshot victims, can help police recover ballistics evidence, can yield important audio evidence. And then the last one was a Captain Jim Varone from Wilmington, North Carolina: "Recently, our department has looked at statistics since the inception of the program in late 2011. From that time up through November 2012, we have noted a 67 percent decrease in gunfire -related calls. While it is unlikely that ShotSpotter is the only reason for this drop, much credit can be credited to ShotSpotter. ShotSpotter has been a force multiplier for solving crimes. As recently as January 18, 2013, our personnel were able to solve two burglaries that may have gone unsolved for a period of time. Officers responded to a location due to a ShotSpotter alert. A subject was located discharging a firearm and arrested. After the arrest, property, including the pistol and subject -- the subject was discharging, were found to he taken in two burglaries just days before this incident. In another incident related to a homicide, ShotSpotter pinpointed the location of the scene of the crime where shell casings from the murder weapon were located (case is pending a trial). Additionally, if officers are alerted to gunfire locations and no suspects are located, evidence such as shell casings are seized, placed into evidence for testing, and a report is generated for future reference. Moreover, our department has responded to gunfire calls, and due to a quicker response, have been ahle to arrest offenders, many of which are violent convicted felons." With respect to the latter section of item 2, SOP (Standard Operating Procedure) should be tweaked. Officers are more likely to be placed in harm's way since it is more likely that they will arrive during active gunfire. We have experienced this. So, you know, I think, like -- you know, I think, again, we had a very lively debate with the Police on this. They were very, very, very, very open, but at the same time, they were -- you know, there was other examples, like BSO (Broward Sheriffs Office). And, you know, I want to he fair about, you know, what the conversations were. And by the way, there's -- you know, to do a system like this, it's not just the actual technology, but there are support that may have to go with the technology. So I think, you know, from my perspective, I want to continue to explore this. I want to thank the chief and his team for sitting with me and being such constructive members of that debate and dialogue. And, hopefully, if it's a workable system and something that's feasible, at some point bring it back to this Commission for further discussion and potentially action. Commissioner Spence -Jones: Mr. Chairman. Chair Sarnoff: You're recognized. I was going to ask a question, but go ahead. City of Miami Pane 137 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Commissioner Spence -Jones: First of all, I would definitely like to hear ftom the chief, but regardless, what I would like to say first is that I'd like to commend Commissioner Suarez fbr, you know, not just sitting around trying to figure out what we need to do, but trying to find an active solution. And out of all of us sitting up here, I think the one district that is impacted the most by gun violence is my district. Every day I get a text of a shooting that takes place in my district, every day, because I want to remain sensitive and I want to, you know, be on top of knowing what's happening. Now, some of these shootings we hear about in the news, like the one we just heard about the father trying to protect his daughter on 46 and 16, but then there are a lot of shootings that take place that we don't hear about in the news that are written that may he not fatalities, but you know, someone's gotten shot in the arm, shot in the leg, robbery, or whatever the case may be. That doesn't mean that the person that -- the perpetrator was not trying to kill the person. That just means that person did not fqtally get shot. So to me -- and again, we didn't really talk cost or any of those issues today, but to me, I think you need to be commended, Commissioner Suarez, for not just sitting around not trying to find a solution. And regardless of what other issues are with ShotSpotter or whatever we decide we want to go with, we got to do something. The gun violence is out of control. District 5 is truly impacted by this. So I'm -- I would like to hear from the chief what the concerns would be, because I would just like to know that. And I would like fbr us to at least make sure that this is something that we consider -- I'm not necessarily saying this particular company. I think that there should he a process put in place. I think we need to have an analysis on the cost, you know, how it will affect, you know, the overall budget. But there's also grants out there that we could be applying for to help offset some of these costs. But to sit and just, you know, not try to find options is crazy to me. So in everything that you do, Commissioner Suarez, nothing is going to be 100 percent. There's always going to be, you know, in any pilot project or anything that you start fir the first time, you know, there's going to he kinks that you have to work out. But obviously, what we're doing right now is not working because every day we're having victims that are being shot by guns. So I commend you for your effort and your leadership to get something done or to bring something to this body because it is out of control. But I would like to hear from my chief on his concerns. And I know -- as you come to the mike -- I know we have Miami -Dade on here. I'm not really sure how long Miami -Dade has been involved in it. And since our city is located within Miami -Dade, I would want to understand, you know, is the City's carved out of the Miami -Dade piece? So I'm -- meaning, like we're located in the City of Miami. Miami -Dade -- a lot of times, Metro police officers kind of -- they share the same areas. So if these devices are put in kind of the same -- are they put in the same area or on -- or are they only put in the jurisdictions that they're responsible for in Miami -Dade? Mr. Dailey: Yes. So we typically build out our coverage areas on a per -square -mile basis and we'll place about 15 to 16 sensors per square mile within the targeted coverage area. So in this particular case, l think it's all within the jurisdiction of Miami -Dade. Commissioner Spence -Jones: Okay. For -- you're saying what Miami -Dade is responsible for. But the City of Miami, let's say where I'm having -- the most shootings that take place happen fbr me in Liberty City. Mr. Dailey: Yeah. Commissioner Spence -Jones: So we -- would we target neighborhoods within the City to bring attention to where these crimes are actually taking place or how is that done? Mr. Dailey: Yeah, sure. It would simply he a matter of expanding the number of sensors outward to make sure that we cover the targeted coverage area that you would like to have covered within the City of Miami. Commissioner Spence -Jones: Okay. Because I -- chief; you can talk. Because one of the things City of Miami Pane 138 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 that I love about this and just on the brief presentation, you know -- and again, I'm sure that there's things that -- there's concerns about it, but one of the complaints I get a lot is, you know -- from the residents in my district is that it takes 911, you know, a minute, you know. And sometimes even in my district, you know, there are situations where people don't want to call the police, you understand, because they may be fearful for whatever reason. So if you don't even have that 911 call come in, then what do you do? Mr. Dailey: That's right. Commissioner Spence -Jones: So I would like -- to me, it's -- 1 think it's awesome to be able to have another alternative because, quite frankly, that whole no snitching rule and all of that comes into play in my community. So just having the additional option, I think, is awesome. But chief, I would like to hear from you. Manuel Orosa (Police): Good morning Commissioner. ChiefManny Orosa. We've been tracking ShotSpotter, for the last couple of years, as well as other technology out there. There -- this is not the only company. There are other companies out there. And like you said, there are pros and cons. The ShotSpotter that is down here is owned by the FBI (Federal Bureau of Investigations). Commissioner Spence -Jones: Oh. Chief Orosa: Broward County used it first. They didn't like it. The County is using it now. They like it as an investigative tool, not necessarily as a response tool. It's not going to stop people shooting each other. Commissioner Spence -Jones: Oh, no, no, no. Chief Orosa: It just helps in the investigation aspect of it. We're standing in line waiting for Miami -Dade to finish so that we can reach out to the FBI and borrow it and use it and see if it's anything we would like to purchase and spend a lot of money on. So that's where we're at. We were trying to get it right after BSO, but we couldn't, and Miami -Dade got it first. So we're waiting for them to finish with it and then we're going to borrow it from the FBI. Commissioner Spence -Jones: So can I -- it doesn't have to be the Shot Callers or whatever you -- it doesn't have to be any one of these -- this particular company. But chief what would he the reasoning for us wanting to wait until they finish? For us not to pay for it? For them to give it to us? Is that what -- is that the --? Chief Orosa: Well, I'd rather borrow something and see if it works instead of spending a lot of money and then seeing that it's not what we really need. Commissioner Spence -Jones: Right. Have you had an opportunity to talk to any other cities, like Rocky Mountain, Oakland, California, which we know is out of control? Have you had an opportunity to have a discussion with the chiefs there in those departments? Chief Orosa: The IT (Information Technology) lieutenant, Sean MacDonald, who attended the meeting with the Commissioner, has been in contact with several other cities that have used it. And as I said, there is pros and cons, and we can develop a recommendation for the Commission lithe Commission wishes to purchase it and spend the money on it. Ijust -- out of caution, I would just -- would like to borrow the equipment and use it to see if it's as wonderful as everybody says it is -- Commissioner Spence -Jones: Right. City of Miami Pane 139 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Chief Orosa: -- or not. Commissioner Spence -Jones: I just -- I'm sorry for taking over your item. Commissioner Suarez: No, no. Commissioner Spence -Jones: And chief, we've been talking about the gun violence in my district for almost a year and a half now and, clearly, it seems to -- I feel like it's increasing daily, okay. And as you said earlier, not that this company, Shot -- what is it? Shot Callers [sic] or whatever you call them -- Chief Orosa: Spotter. Commissioner Spence -Jones: ShotSpotters [sic] -- Spotters [sic] is going to stop the violence, hut I think that even from the standpoint of how it's communicated and how the public is educated about the, fact that this new device is in place could also, you know, act as a deterrent so that when people decide they want to shoot, they have to understand that now it's just not, you know, police officers responding by way of you know, arriving on the scenes in a vehicle, but they're now being detected from the satellite. I just think that it's -- it all depends on how you communicate the message to public. And it's very difficult -- I can't speak for my colleagues, but it very difficult for me sitting up here to hear "I want to borrow" -- 'I want to wait to see how this works, " okay, "and then borrow it from Miami -Dade County, " or whoever, "to see if we can make it happen." In the meantime, a year can go by and I've lost a, father, children, family members, all because we want to wait to borrow something. So my question for you is is it possible to do it as a pilot in a target area where you've had the most or the majority of your shootings take place? Is that -- could that he a recommendation? I mean, I'm -- honestly, chief -- and you know this -- I done went from stand up against violence to community work -- I mean, everything that I can possibly -- HotSpots -- could possibly think of to address this issue of people shooting guns. Chief Orosa: Well -- Commissioner Spence -Jones: So -- Chief Orosa: -- since you brought up the pilot, the vendor's here; maybe he wishes to donate it to the City or -- at a -- for a time certain period so that maybe we can test it out and we can decide later if we want to purchase it or not Commissioner Spence -Jones: Right. And I'm not even talking about this company. I'm talking about can we do it as a pilot -- I'm open to that suggestion as well, but I'm assuming -- Chief Orosa: But this company is the one that's here now, so we might as well pose the question to the vendor. Commissioner Spence -Jones: Chief, let's not he funny, okay, 'cause at the end of the day, people are dying in my district. They're dying in my district. These are my residents. Chief Orosa: And Commissioner -- Commissioner Spence -Jones: These are nay mothers and my fathers that are being affected or losing their children. Chief Orosa: And I know, and I wasn't trying to be funny. Commissioner Spence -Jones: Okay, so let's not go there. I'm just trying to ask a simple City of Miami Pane 140 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 question. Chief Orosa: Okay. Commissioner Spence -Jones: And it doesn't have to he Shot Callers [sic] or ShotSpotters [sic] or whatever you call. I'm just asking you a simple question. Is that something you would he interested in, if we target an area where we've had a lot of shootings take place in my district and utilize it as an opportunity to see whether it works? I would just hate to wait until somebody has used a program -- a product and then we're going to borrow it from them and we don't know when they're going to _finish with it, and by that time I've had 10 bodies, 20 bodies, 30 bodies on the streets, you know. So my question is, Are you open to this as an option? Chief Orosa: Commissioner, I'm open to everything. And I wasn't trying to be funny. My whole thing, it's a public policy as to does the Commission wish to spend the money. It's expensive, and right now we don't have it in the budget. Commissioner Spence -Jones: Right. And so -- Chief Orosa: So if it's a pilot program, there are corporations out there that may fund or allow you to use the equipment fbr a certain amount of time. And if it works, you can purchase it. Commissioner Spence -Jones: So -- right. Chief Orosa: And that was what I meant when 1 said that. Commissioner Spence -Jones: Okay. So I'm saying then -- because we -- I think part of the issue and what Pm hearing from you is that you have a concern with the technology, correct? Chief Orosa: Well, my concern is that we purchase it as a tool to stop the shootings or as a tool to respond quickly to the shootings and then we find out that it doesn't do that; that it's more useful for after the fact, once the person is shot, as an investigative tool. Commissioner Spence -Jones: Okay. Chief Orosa: That's my concern compared to the cost. Commissioner Spence -Jones: Right. Alice Bravo (Assistant City Manager/Chief nfln frastructure): I -- Commissioner Spence -Jones: So I'm going to -- J in sorry for taking over your item. Commissioner Suarez: No, no. It's okay. Commissioner Spence -Jones: But this is a very sensitive issue for my district. Commissioner Suarez: I understand. Commissioner Spence -Jones: And I don't know what else to do. M. Bravo: Commissioner, who's (UNINTELLIGIBLE). Commissioner Suarez: I think there's -- wait. Let me -- Ms. Bravo: Okay, I'd like to propose that we could explore and see if we could have this as a City of Miami Pane 141 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 service for a trial, rather something that we purchase, and approach companies about some provisional trial period for the service. Commissioner Spence -Jones: l mean, that's a solution. l just don't want to have to wait until the County has used up and did whatever they want or the FBI -- Chief Orosa: Well -- Commissioner Spence -Jones: -- and time goes by and I've lost families and people. Chief Orosa: We -- Commissioner Spence -Jones: That's very important. So 'just -- I didn't like what the final analysis would be based on: I'm going to wait till the County or that -- let me finish -- the FBI runs through their part and then I want to borrow it. I don't know when they're going to finish. In the meantime, you know, l got families that I'm dealing with every single day, the latest one, you know, that 12 year old is not going to see her daddy again. He ain't corning back okay. So I have a responsibility to my constituents to try to figure out whatever options that there are out there, we need to try to do it. Because at the end of the day, the cost that you're talking about, you know, of what it would take to do this -- and I don't even know what the cost is -- has nobody's -- the value of someone's li_ fe, there's no cost on that at all. And every day I'm dealing with it, correct, chief? Every day. Chief Orosa: Yes. And you're going to my point. This is not going to eliminate that cost of the person. Commissioner Spence -Jones: Well, we don't know that, chief? Chief Orosa: Okay. Commissioner Spence -Jones: We really don't know that. Chair Sarnnff All right, Commissioner Gnrt -- Commissioner Spence -Jones: So, Madam Manager made a suggestion. hike the suggestion. Chief Orosa: We -- Commissioner Spence -Jones: I don't know how Commissioner Suarez feels about that. If you're open to that, 1 would like for it to -- for us to at least explore the opportunity to do that. And I'm not saying it has to be Shot Callers [sic] or whoever they are. But perhaps there are other companies as well, chief that we can do a trial period with it, after you've done an analysis to see what that cost could be to the City. But I do know that there are a lot of grants that are out there as well that we can apply for to help us reduce on that cost. Chief Orosa: And, Commissioner, during the last two years, our IT person has been trying to acquire such a pilot program and he's always been told no. Commissioner Spence -Jones: Who? Chief Orosa: Lieutenant MacDonald, our IT individual. Commissioner Spence -Jones: Okay. So he was the one -- so he's already been working on it? Chief Orosa: Yes. He's the one that has been involved in this from the last two years. City of Miami Pane 142 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Commissioner Spence -Jones: Okay. Chief Orosa: And -- Commissioner Spence -Jones: And he's been told no by whom? Chief Orosa: By different companies that he has approached to see if we can do a pilot program. Commissioner Spence -Jones: Okay, all right. Chair Sarnoff. All right, Commissioner Gort's recognized. Vice Chair Gort: Question, my understanding is, and I think it's very important if you can identify where shots being taken and so on. I'm not investigator, so I'm not that familiar with police. But 1 have known -- 1 heard shots. My wife have called and then the neighbor have called and we gave different opinions also. I think the importance of this is the follow-up. I mean, you find out where the shot is, but do you have the ability to have the follow-up to have someone there immediately? And this is the type of things that think we have to look at. At the same time, if we're going to do some kind of a pilot program -- and this is a question to you -- my understanding is, according to our procedures, how long will it take before we go with an RFP (Request for Proposals) or any of that? Ms. Bravo: I think, first, we'd do a little hit of research on how to package this as a trial service. And based on quantifiable results, it could turn into a (UNINTELLIGIBLE) contract. Vice Chair Gort: My suggestion is -- and Commissioner Suarez, thank you for bringing this up. 1 think it's very important. My suggestion is it goes both way. Maybe the FBI is willing to lend it to you in the meantime also. Let's try all the avenues. Chair Sarnoff: All right, Commissioner Suarez. Commissioner Suarez: I think want to yield first to Commissioner Carollo and then I'll -- Commissioner Carollo: Thank you, Commissioner Suarez, and thank you, Mr. Chairman. First of all, I'd like to commend the police department for, you know, being part of this and actually looking into it with the lieutenant. I also want to commend Commissioner Suarez for, you know, hearing about this and actually bringing it up to this Commission as a discussion item. I think, you know, these are out -of -the -box, thinking that, you know, this Commission need to really look at and move forward. As Commissioner Spence -Jones said, you know, we have serious issues that are costing lives and all options are on the table. With that said, something that Commissioner Spence [sic] had mentioned. Ijust want to follow up a little bit. Miami -Dade County is using it right now, correct? Mr. Dailey: That's correct. Commissioner Carollo: Okay. And I think a little hit more for questioning is where are these sensors located within Miami -Dade County, because the City of Miami is actually within Miami -Dade County? So is it in unincorporated Dade where these sensors are at or is it all over the county? And I don't know if the right person to answer the question or if have someone that -- because you're from -- you're not from Miami, correct? Mr. Dailey: No. Ion from Charlotte area. Commissioner Carollo: Right. And I say that because a lot of people are a little confused with City of Miami Pane 143 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Miami -Dade as -- versus the City of Miami. Mr. Dailey: Sure. Commissioner Carollo: So the City of Miami is within Miami -Dade County, so I wanted to see where exactly are these sensors are being located and are being used with -- by the County? Mr. Dailey: You know, unfortunately, I can't tell you exact area. I know it's in the northeast district ofMiami-Dade, so it's being worked nut of the northwest district station there. I believe it borders Liberty City. It's a two -square mile contiguous coverage area. And if I can just address really quickly a couple points that the chief brought up. So one -- this is a tool. It's a very powerful tool, but it requires the implementation of best practices, strategies; it requires executive support at the top to hold people accountable. And one of the challenges we've seen with a free system -- with the FBI system is those agencies that don't have any skin in the game, if you will, have not invested themselves heavily into the system.. Miami -Dade, we've been working closely with them to try to get them to implement those best practices. It's slowly but surely going in that direction. They've had a moderate amount of success in arrests and gun seizures. I would say very modest. Although, I think there's more than what's actually been reported. But where they have had very significant results -- and Commissioner, to your point -- I looked at the data from January 2012 versus January 2013 in terms of the gunfire activity, and there's a 77 percent reduction in gunfire activity within those communities. So while arrests are nice and gun seizures are nice, the end goal is to reduce gun violence within those targeted communities and make it a safer place to live and work. Real quick, on Brou'ard, again, very similar situation, except a big difference is the biggest complaint that Brou'ard Sheriffs Office had was that there were too many false positives. The dispatchers were sending them on too many wild goose chase calls. The officers lost confidence in the system and stopped really responding to the alerts. With our new ShntSpotter Flex Solution that's been operational for almost the last two years, we have virtually eliminated false positives. If you talk to our agencies that are using our system. now, the ShotSpotter Flex Solution, they will tell you that it's very accurate; from a response standpoint, it's critical. The officers are getting to the scene before 911 calls or, in many cases, not even any 911 calls. And if you have a little bit of time, I would highly encourage you guys to go visit with Miami Gardens, for example, that has four and a half square miles of our system deployed. Talk to them. They've done a phenomenal joh of implementing those hest policies and strategies. They're getting great results. City of Riviera Beach in Florida is the same thing. So, again, you've got to look at those who are doing it well to see what kind of results can be had when the system is implemented in a good way. Commissioner Suarez: Mr. Chair. Chair Sarnoff: Commissioner Suarez. Commissioner Suarez: I just want to thank again my colleagues for their indulgence, and I vivant to thank the chief and his team for their indulgence on this issue. You know, I think the chief had -- is right in a sense that, you know, there is no technology that solves this problem, per se. We just have to kind of continue to think outside of the box to try to find solutions hecause what is happening is unacceptable and we can'tjust sit back and watch it happen. Just -- 1 didn't really i-i'ant to get into the cost aspects of it because I think the costs are a little more complicated for me to analyze in the short time that I've had, but just to give you a small example, and I'll just use this as a small example. Liberty City, for example, it would be a three square mile coverage area and it would be about $65, 000 a year per square mile. So we're talking about $180, 000 to have the system covering Liberty City. Commissioner Spence -Jones: A hundred and eighty thousand dollars? Mr. Dailey: Commissioner, real quick correction. I'm sorry. So that would he year one costs. City of Miami Pane 144 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Commissioner Suarez: Okay. Mr. Dailey: Subsequent years would be about 135,000. Commissioner Suarez: Per -- Mr. Dailey: For the three square mile coverage area. Commissioner Suarez: Okay, so it would reduce? Mr. Dailey: Yes. I -- after year one, we have some set up fees upfront, so the costs a little bit higher. Subsequent years, the price goes down. Commissioner Suarez: But it would go down from 180,000 to 130,000 in year two, so that's Liberty City just as an example. If you were to do Liberty City, Overtown -- and I think we did an area just east of Liberty City -- the total cost would have been, you know, 180 times -- it's basically nine square miles of coverage. So the point is, though, that it's not -- you can buy a cell phone. You know, it's $299. You could use it just to make calls or you can make -- use it to make calls and send text messages or you can use it to make calls, send text messages, and take pictures. You know, or you can use it to make calls, send text messages, take pictures, and use the calendar feature, you know, so it's just -- there are other, you know, things that -- how you utilize technology is incumbent on, as he mentioned, the people who are involved; they need to buy in, and then, obviously, there may be some ancillary costs -- Commissioner Spence -Jones: Commissioner Suarez -- Commissioner Suarez: -- in terms of -- Yes. Commissioner Spence -Jones: -- I mean -- and I'm sure that the chiefs (UNINTELLIGIBLE) yet, that's the cost probably on the side of being able to have the program operate, but I'm sure the chief is probably going to respond to the fact that there's still costs on their side to manage it and Commissioner Suarez: And that's what I was getting at. Commissioner Spence -Jones: -- to have it. Commissioner Suarez: That's what I was getting at. Commissioner Spence -Jones: But, honestly, when we were like not talking about the number, I just knew it was going to be like a million dollar cost. Commissioner Suarez: A hundred and eighty thousand for Liberty City. Commissioner Spence -Jones: Come on, man. 1 mean, what we spend on an investigation, you know, just in general, you know, we would have paid,for- this. So I don't -- it's not my item. It's clearly your item. I support -- Commissioner Suarez: Thank you. Commissioner Spence -Jones: -- you 150 percent because at the end of the day, the people that are being affected by this the most are in my district. I don't want to see not one more child lose a parent, one more parent lose a child. To me, that is worth more than $180,000. City of Miami Pane 145 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Commissioner Suarez: I'll work with the Administration and with the Police Department in continuing to develop this idea. Thank you. Chair Sarnoff: Mr. Daily, just so you know, one of the ways of avoiding a lengthy and sometimes very competitive procurement process is to offer- to do a pilot program, and in that pilot program, you would become the sole source of that particular issue. So if you could pick Liberty City, if could maybe pick Overtown, or either one of them, or any of the above, and demonstrate to this Commission, over a period of time, that it works and get the buy in of the chief that's a big up, if you will, to get the final contract from the City. Mr. Dailey: Sure. Yeah. And, unfortunately, it's extremely expensive for- us to deploy the system, so I can tell you there's -- we don't do that as a policy. It would cost hundreds of thousands of dollars that we just can't afford to lose like that. But there is no lack of customer cities that you can go talk to who you've been very, very successful with the system and would highly encourage you guys to do that. Commissioner Spence -Jones: Right. And I'm going to just say -- I appreciate that recommendation. And, again, I'm not even saying your company needs to be selected, but at the end of the day, we got a problem, so I don't care how we look at it. I mean, we find money to do everything else we want to do in the police department. We need to be focused on these things that can at least address the issues of the gun violence that's happening immediately. Commissioner Suarez: Thank you. Chair Sarnoff: All right, thank you. Thank you, Mr. Dailey. Mr. Dailey: All right, thank you very much. Appreciate your time. D4.3 DISCUSSION ITEM 13-00062 DISCUSSION REGARDING POSSIBLE "REVERSE REDLINING" LITIGATION FOR VIOLATIONS OF THE FAIR HOUSING ACT. 13-00062 Email - Reverse Redlining Litigation.pdf DISCUSSED Commissioner Suarez: Mr. Chair, may Chair Sarnoff: Yes. Commissioner Suarez: With my discussion -- I just have one very quick one, and I'm just going to introduce the subject. Obviously, I know everybody wants to get out of here, and I think it's a very important issue. Commissioner Spence -Jones: When you know Carollo wants to go, you know -- Commissioner Suarez: Ion going to try to keep this -- Commissioner Spence -Jones: I mean, this is -- Commissioner Suarez: -- to -- Commissioner Spence -Jones: Something's happening for Valentine's Day for him tonight. City of Miami Pane 146 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Commissioner Suarez: -- 60 seconds. I'm not going to go there. Okay, it's a discussion item regarding possible reverse redlining litigation for violations of the Fair Housing Act. Other cities are successfully doing this, and there's other major cities that are either about to -- that are contemplating it. This is a litigation that could result in hundreds of millions of dollars for the City of Miarni, hundreds of millions of dollars for the City of Miami, and it's on the basis that hanks -- it's a cause of action that stems from the City as a plaintiff in terms of the bank practices and their predatory practices. Redlining is when they used to draw a red line and say we're not going to lend in that area. This is reverse redlining. They drew a line and said we want to lend to these people because we know that we can defraud them easily. So I just -- there are several firms that have expressed interest in representing the City on a consultancy basis, and I just wanted to bring this to the collective attention of the Commission that I will be working with the City Attorney to try to see if this is a cause of action that has merit, for lack of a better word, and that the City can he protected in going forward with a cause of action. And I just wanted to -- it's srnnething that could literally bring an incredible amount of money to the City ofMiami. Thank you. Chair Sarnoff.' Thank you. Meeting's adjourned. Todd B. Hannon (City Clerk): Commissioners, can we --? No? Four minutes. I have chocolate. I just need to do a few hoard appointments. I promise -- Chair Sarnoff • No, we're not -- Commissioner Suarez: No, no, no, no, no, no. Chair Sarnoff: -- doing hoard appointments. Commissioner Suarez: No, no, no, no. Mr. Hannon: All right. Vice Chair Gort: All right. Commissioner Suarez: Meeting adjourned. Vice Chair Gort: Move to adjourn. END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 DISCUSSION ITEM 13-00119 UPDATE ON REVENUES RECEIVED FROM MAGIC CITY CASINO AND CLARIFICATION ON HOW SAID REVENUES IS AND, OR SHOULD BE ALLOCATED. 13-00119 Update - Revenues Received Magic City Casino.pdf City of Miami Pane 147 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 D5.2 13-00169 WITHDRAWN Chair Sarnoff: All right, Commissioner Spence -Jones. Commissioner Spence -Jones: All right. Just real fast on D5 (District 5), I just want to tell the Clerk, D5.1, you can remove that for me, so you don't have to bring that back. DISCUSSION ITEM DISCUSSION CONCERNING THE SELECTION PROCESS FOR THE NEXT CITY ATTORNEY. 13-00169 Selection Process - Next City Attorney.pdf DISCUSSED Direction by Commissioner Spence -Jones to the Administration for the Director of Human Resources to work with the City Attorney to develop ajob description and set of qualification requirements for review and consideration by the City Commission at the next commission meeting; further directing that as part of the selection process, a selection committee be created that will include an appointment by each Commissioner. Commissioner Spence -Jones: The one thing that I mentioned in our last meeting -- and I wanted to at least put it on the record today and have some sort of brief discussion on our next steps with our City Attorney's appointment, unless Julie plans on not going anywhere. The mountains are calling. Julie O. Bru (City Attorney): I'm actually buying a goat farm in North Carolina. Commissioner Spence -Jones: So Julie is leaving, just in case you didn't get the notice. And what I really want to make sure happens is that we're not -- we don't find ourselves in a rush -rush situation trying to figure out how to -- what do we do and how do we do it. We know that she leaves as of September 27, and I really believe that one of the most appointments that we -- most important appointments that we could make is the City Attorney. So I really wanted to have this discussion with you. I think it's --just like we have to do the Clerk and the auditor -- and you know from the last --from this year alone, that process was kind of tedious, you know, and it took a while. So I think that we need to start having this discussion now so that we could -- we can be prepared. So there's three things that I wanted to -- I don't know where Beverly is. Is she here? Yank Beverly to come out, please. Commissioner Suarez: Who? Beverly? Commissioner Carollo: Beverly Pruitt. Commissioner Spence -Jones: Is it Beverly? Chair Sarnoff: Beverly Pruitt. Commissioner Spence -Jones: Yeah. Commissioner Suarez: Beverly. Commissioner Spence -Jones: 'Cause I'm assuming that at least, just as we worked with that department to begin to pull the process together, we need to make sure that she's in the loop now from the point of a discussion. Hey, Beverly. So the first thing that I really wanted to make sure, City of Miami Pane 148 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Beverly -- we were just talking about -- I don't know if were listening in the back -- you know, how important our appointment for the City Attorney is and how we know that that's probably one of the most positions that we must have in order to run our city properly. And we definitely want to have a qualified person; you know, if not as great as Julie, better than Julie, right? We want -- right? So -- Ms. Bru: You always strive for excellence -- Commissioner Spence -Jones: Okay, strive for excellence. Ms. Bru: -- and improvement. Commissioner Spence -Jones: So one of the things I would like to -- the first thing that I would like to ask of you -- and if you guys want to chime in, then I don't have a problem with that -- was that I would like far you to present to the City Commission a jnh description for the City Attorney's position that will at least be presented in front of the Commission fbr our review. So therefore, if there's anything that -- things that we feel are missing in there that should be added, then we have the opportunity to do that. The second thing that I would like to have happen is definitely to have a process put in place where the City itself -- and I -- when I say City, I'm saying city as a hoard, but I'm also speaking of the idea of putting together maybe a selection committee that's appointed by this hoard first that will come -- will bring a -- will hring -- will select a certain amount of candidates that will then come to us, and then, you know, we make a decision from that. So they narrow it down and bring it to us. But as a part of that process, we would want to begin pulling that together. And then last, but not least, like I said, is really the process, just making sure that we have a process in place, and we can decide as the team as to how we want to do that, but I just think it's really, really important for us to begin to put that in place. Now I know -- and I want just the City Attorney to just verify this far me. I remember when we appointed you, as a matter of fact, because it was an election, we couldn't really make the appointment until after the election, right? Remember, it was -- we could make the appointment -- no, we could not make the appointment until after the election, right? Ms. Bru: The Charter speaks as to after the appointment is made until when the City Attorney serves. So it doesn't matter when you make the appointment, you know. Once there's a vacancy, you make the appointment. The issue of the Charter is until when the City Attorney serves after the initial appointment. So the timing of it is whenever the vacancy arises, then, you know, you make the appointment. Commissioner Spence -Jones: Okay, all right. So I want your feedback. I mean, I just don't avant us to start doing this stuff at the last minute and us just making suggestions or selections and it's because we realize Julie's leaving in 90 days and now all of a sudden we're just choosing someone that may not he the best and the most qualified person. And, quite frankly, we are a major metropolitan city. We have to have -- I'm talking to two attorneys up here, so you already -- you know what we need to have. So I just want to make sure that the process is fully vetted, it's done properly, and we have the opportunity to pick a really, really great city attorney. Chair Sarnaff: Well, 1-- Commissioner Spence -Jones: Everybody wants to talk about this, huh? Chair Sarnof f: Commissioner Suarez, you're recognized. Commissioner Suarez: Thankyou, Mr. Chair. Thankyou, Commissioner. 1 have to admit, when I first saw this on the agenda, I thought it was a little premature, but the more that I think about it now, the more that I realize that it's actually not premature, that it's good -- City of Miami Pane 149 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Commissioner Spence -Jones: It takes a long time to do stuff Commissioner Suarez: -- that we're starting this early to think about it. One of the things I'm proudest of since getting elected in '09, and we were talking about it with reference to Mr. Hannon, is that we've completely turned over almost our -- all of our constitutional officers since I've been here. We've changed the Clerk. We've changed the auditor general, and now we're going to be entrusted with potentially changing the City Attorney. And I think of the three -- I don't like to -- I shouldn't gradiate [sic] one -- Commissioner Spence -Jones: Then don't. Commissioner Suarez: -- or the other -- Commissioner Spence -Jones: So don't. Commissioner Suarez: -- but I'm going to do it anyways. The City Attorney's position is a critical position in this government. Commissioner Spence -Jones: Yeah. Commissioner Suarez: Maybe I'm biased 'cause I'm a lawyer, hut it is an essential position, and 1 think of the three, it's the one that we -- Commissioner Spence -Jones: I agree. Commissioner Suarez: We can never get any of them wrong. Commissioner Spence -Jones: Yes. Commissioner Suarez: We cannot afford to get them wrong, I guess, is a better way of saying it. And the person who's going to he chosen most likely will he chosen for a period of time. I mean, I think most of the city attorneys have been here for a good period of time. So I think it is good. One thing I would caution you, Beverly, is let's learn from the last time from the auditor general where we consult with the Charter, and if you need help in terms of developing that -- Commissioner Spence -Jones: Joh description. Commissioner Suarez: --job description, you know, make sure that all of the requirements that are in the Charter -- and you know, Commissioner Carrillo brought that up in the auditor general discussion -- are components of the job description. You know, of course you can do more than that, but at the very -- you know, at least we get the minimum qualifications so we don't have a situation where we go through the whole process, select the candidates, and then we figure out that they were not qualified under the Charter. And there was one issue that I had spoken to -- or that actually the City Attorney had brought up that has to do with pension and potential candidates that have potential pension issues. And I don't know if Madam Attorney, you can elaborate a little bit on that and we can have a discussion on that. Ms. Bru: You know, I think that, first of all, Commissioner Spence -Jones, it is critical to start early because this is a unique situation. I've been in the City of Miami a quarter of a century -- sounds horrible -- but I don't think that there was ever a time when the top three individuals in an office were, at least on paper, scheduled to separate at the same time because it usually a very gradual, the City Attorney leaves, there's a couple of deputies or one or two that are left behind. They take over. There's an interim process, so there isn't that kind of urgency as we have now. Having said that, I can only speak for myself. There are two deputies in my office who are extremely qualified, extremely experienced, extremely talented and committed. What it City of Miami Pane 150 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 is that they intend to do may or may not involve seeking the position, and that is between them and you and whatever they seek to do. But I have to assume that if you expressed an intent to separate from the City on a particular date, that is what your plan is, and therefore, I have to plan on a transition in the office that will involve having individuals in place, systems in place that will allow for the office to continue to operate with the requisite amount of institutional knowledge, responsibility and accountability until such time as somebody comes in, which may or may not he somebody from in-house or somebody -- one of the deputies who may decide that they want to seek the position. So the issue that you referred to with respect to pension is that from time to time in the City there have been situations where individuals that are highly qualified with an incredible amount of institutional experience have been asked by the City to return because their services are needed. And there may be an issue with respect to whether or not there should he some adjustments to the current provisions in the pension ordinance to allow individuals who would wish to return in a different capacity to continue to serve the City and be able to receive their pension. But that really is not an issue for now. I think that's an issue for you to deal with if that situation arises. I think the most critical issue is -- andl -- is to prepare for the transition. And 1 will be bringing -- I'm going to be working with your budget director, and I will he bringing to you a plan for some amount of adjustment in my budget and in my office organization so that I have a little bit of an overlap in terms of the staffing so that I can assure you that when I leave -- and if the two deputies that are scheduled to leave leave, that the office will continue to operate with the requisite amount of experience and qualification and responsibility that you need for this -- this is a very awesome joh. I have 21 attorneys in the office. 1 have alive million -- almost live million dollar budget and a staff of another 20-something. This is a mid -sized law, firm which services a municipal corporation with a $500 million operating budget. Commissioner Suarez: It's simple. What are you talking about? There's no problems here. Ms. Bru: Yeah. Commissioner Suarez: Give me a break. Ms. Bru: This is that corporate governance that Commissioner Sarnoff talked about that is so important and is so critical, and we have very important issues. This is a hig city with hig issues. This is not a small retirement community in Central Florida, so you do need a top-notch person, but you need a person that is committed, a person that understands the City, and a person that has their heart and soul in serving the City. Commissioner Suarez: Thank you. Ms. Bru: And I'll do everything that I can to help you find that person. Commissioner Suarez: Thank you. Chair Sarnoff: You know, what -- first off, I think Spence's idea is a great idea, except -- not the except, hut I wouldn't actually define the position. I would just write City Attorney because every lawyer knows exactly what a city attorney of a municipality does. It's -- it is -- 1 wouldn't even try to define it. I would just leave it at that, because you're talking about a term of art that is almost undefinable. And the more you define it, the more you're going to restrict it. That's just my advice. Commissioner Spence -Jones: You're saying as far as job description is concerned? Chair Sarnoff • I would never put a job description to what a city attorney does. Commissioner Spence -Jones: Well, I think we should have -- the process should be -- process to City of Miami Pane 151 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 me on any position that we bring in the City, we should have a job description. Chair Sarnoff I disagree with you for an attorney. Commissioner Spence -Jones: Okay. Chair Sarnoff: And I disagree with you for the city attorney. It is a term of art. It's a term of art that is understood implicitly by the lawyers. And the more we try to define it, the more we'll exclude what that joh is, as opposed to include. Commissioner Spence -Jones: So you're saying that we don't really need to know what kind of qualifications the person has? Chair Sarnof f: No, no, no, no, no, no. Commissioner Suarez: Can I chime in on that? Chair Sarnoff.' Qualifications is different. Description of what a city attorney does is indescribable. The qualifications to he a city attorney, you might want somebody with ten years legal experience; you might somebody with 15 years legal experience. And it may -- you want -- may -- you may want it to he all municipal legal experience, and that's certainly a fine quality that you may think is necessary to do and per form the job. Commissioner Spence -Jones: So qualifications, description, whatever you want to call it -- Chair Sarnof f: No, it's different. Description of what a city attorney does is substantially different than qualifications. Commissioner Spence -Jones: Qualifications, description, either one, whatever you feel you want to bring to the City Commission, Ijust think that it should he brought for the board for us to talk about. Chair Sarnoff I agree. And the other thing l think we should do is each one of us should appoint a lawyer to -- Commissioner Spence -Jones: That's what he said, selection -- Chair Sarnof f: -- a selection committee. Commissioner Spence -Jones: Yeah, selection committee. Chair Sarnoff.' And 1 would -- yeah, and I would probably give the Manager and maybe the Mayor an appointment to allow them to put their input in it too just because -- Commissioner Spence -Jones: No. Commissioner Suarez: Why? Commissioner Spence -Jones: No, no, no. We -- point it right here 'cause it's our decision in the end. Commissioner Suarez: This is our -- Commissioner Spence -Jones: We vote. City of Miami Pane 152 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Commissioner Suarez: They're constitutional officers. Chair Sarnoff: I know it's our decision, hut -- Commissioner Spence -Jones: It's our vote. It's our vote. Chair Sarnoff: It's our vote to decide who it would be, but -- Commissioner Spence -Jones: Nah. Chair Sarnoff • Okay. Commissioner Suarez: No. Commissioner Carnllo: Guys, it 7 o'clock. It's Valentine's. Chair Sarnoff • All right. Commissioner Carnllo: Where's the love? Alice Bravo (Assistant City Manager): We'll work -- Commissioner Carnllo: Where's the love? Ms. Bravo: -- closely with whoever's selected. Chair Sarnoff: So -- Commissioner Spence -Jones: (UNINTELLIGIBLE) that one. Commissioner Suarez: Where's the love? Where's the love, he said. Chair Sarnoff: -- the next Commission meeting, we all bring an appointment, right? We'll all be -- Commissioner Spence -Jones: Are we appointing already? No, the next Commission -- Chair Sarnoff: Well, we will -- Commissioner Spence -Jones: Beverly. Where are you going, Beverly? Beverly running. Why is she running? Chair Sarnoff: I think she's got a Valentine's Day she got to get too. Commissioner Spence -Jones: I'm sorry. We'll hurry up. Commissioner Suarez: Mr. Chair; can I just say one thing? Commissioner Spence -Jones: We see you have on the red. Commissioner Suarez: Mr. Chair, can I just say one thing? Chair Sarnoff • Sure. Commissioner Suarez: There is something I think should be in there, which is whatever the City of Miami Pane 153 Pointed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 minimum standards are set in the Charter that, I think, has to he in there because we need -- we have to put it in there. It's not -- we have to. Because what if we end up with the same situation we had with the auditor general? We go out, we get this great person, and they don't nwet the -- whatever the -- I'm not -- Chair Sarnoff.' Well, I -- Commissioner Suarez: I haven't read it, so I don't know what it says. Chair Sarnaff: We're -- Commissioner Carollo: They're fresh out of law school. Chair Sarnof f: -- having a -- right -- distinction with a difference. I'm saying you can have the quail -- you should have the qualifications there. You may decide it should he a 20 year lawyer. Commissioner Suarez: No. I understand what I think you're saying. Chair Sarnoff: But to describe what a city attorney does is a -- is sort of like trying to hail out a boat with a cup of water. Commissioner Spence -Jones: Okay, can I ask this question? I mean, let's ask the Human Resource person, okay. Is there ajob description already far the City Attorney? Beverly Pruitt (Director, Human Resources): I would have to look. I really don't know. Commissioner Spence -Jones: Okay, Julie. I should ask Julie then. Ms. Bru: I can give you -- absolutely give you ajob description. Commissioner Spence -Jones: Okay, so -- Bru: Now having said that, Commissioner Sarnoff, you know, is right, you know. I mean, it is -- but 1-- and 1 think that you do need ajob description because, you know, obviously, when 1 graduated from law school, I had no idea that there was such a thing as a city attorney. And when I came to work for the city attorney, I had no idea what they did. It took me years to figure out everything that was done in the office, so it -- you know, we have a very, very diverse practice. You have litigators. You have contract attorneys. You have worker's comp. You have everything. Everything that a municipal corporation and a corporate governance attorney has to do for their client, we do, so it is very comprehensive. We will describe what the duties are, generally speaking, but I think more than anything, you describe what the City is, what your client is and what does your client do because we provide all legal services for the client. The client operates a police department, a fire department. We provide medical services. We have regulatory authority. We have parks, you know. We do -- we issue debt. We participate in the public finance markets. Commissioner Suarez: Mr. Chair. Chair Sarnoff: Yes. Commissioner Suarez: I think -- and I don't want to put words in your mouth -- hut I think what you mean is not to restrict potential candidates -- Commissioner Spence -Jones: Yeah. City of Miami Pane 154 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Commissioner Suarez: -- 'cause you want to have, I think, the ability to look and analyze people from all different walks of life in terms of attorneys. I think that's what you're -- Chair Sarnoff: Well, 1 don't know if our Charter says -- 1 really don't. Commissioner Suarez: I don't know what it says either, no. Chair Sarnoff: That the City Attorney -- Commissioner Suarez: And that's -- I don't have -- Chair Sarnoff: -- shall have ten years' municipal experience. Commissioner Suarez: It might. But if it doesn't, they have to have it. I mean, that's what our Charter says. Chair Sarnoff • Right. Commissioner Suarez: 1 mean, we can't deviate from that. Chair Sarnoff: Agreed. Commissioner Suarez: And that's why I think that needs to be in there because if it says it, we need -- we can't -- Chair Sarnoff: I sort of agree with something -- Commissioner Suarez: -- unless we change the Charter. Chair Sarnoff.' -- that Julie said. You can describe your client, but I'm not sure you can describe the job of the City Attorney. Commissioner Spence -Jones: But she also said -- and it's on the heels of it, that she thinks at this point she could definitely provide ajob description. You would want to give somebody a blueprint. We don't want to have -- I mean, I can't speak, for- anyone else. I don't want it to be my interpretation of what I think is needed. I want the person that if we don't have a description -- which I think we should already. Pm sure Beverly has it somewhere. But if fnot, I think it would be best to know from Julie what are the key things that are necessary in order to do her job. And then the qualifications, like you said, it is two separate things, hut you know, I think both of them are necessary. Chair Sarnoff.' I can't fathom putting somebody in that seat that has never represented a municipal corporation of at least the size of Coral Gables, I would say, for not less than ten years. I just couldn't imagine doing it. Like, hey, you look pretty smart to me. Would you like to try this shoe on for a size? Commissioner Suarez: We just did it this morning. Chair Sarnoff: This morning? Commissioner Suarez: Yeah, Mitch Berger. Commissioner Carollo: Mitch Berger. Commissioner Spence -Jones: Yeah, thank you. City of Miami Pane 155 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 Chair Sarnof f: Yeah, one issue. Commissioner Spence -Jones: But it was an important issue. But listen, so --just so we're clear, so are you guys cool with her bringing back -- getting with Julie and bringing back a description or qualifications for that to be shared with us? I don't want to recommend someone until I know what is -- like if we're going to have -- all going to have -- Commissioner Suarez: Guys -- Commissioner Spence -Jones: -- someone that we recommend -- Commissioner Suarez: Commissioner, the benefit of this is that you started early. We started on February 14. Vice Chair Gort: Sure. That's the important thing. Commissioner Suarez: And that was the reason -- Commissioner Spence -Jones: Valentine's Day. Commissioner Suarez: -- why you did it because we now have the time to -- we're actually -- you put it on our radar screen. This was not on my radar screen. I could tell you that right now, so Vice Chair Gort: By the way, we don't have any (UNINTELLIGIBLE). Commissioner Suarez: -- let's give her some clear direction so we can move forward. Commissioner Spence -Jones: So the recommendation -- and you guys are cool with her -- them corning back with qualifications -- Chair Sarnoff No. They actually -- they just showed me. They actually have a Section 4 of the code. We'll just use that. Commissioner Spence -Jones: Okay, fine. Vice Chair Gort: Yeah. That's it. Commissioner Spence -Jones: Qualifications, description to bring back. Vice Chair Gort: Except you got to take out -- Chair Sarnof f: Right. Vice Chair Gort: -- municipal court. Chair Sarnoff. And next Commission meeting, we should have in our mind who we'd like to appoint to -- Commissioner Spence -Jones: I can't make that decision untilI know what they're going to tell me. She's going to come back and present to us, right? Commissioner Suarez: Well, what's the rush? City of Miami Pane 156 Printed on 3/11/2013 City Commission Meeting Minutes February 14, 2013 D5.3 13-00170 NA.1 13-00238 ADJOURNMENT Vice Chair Gort: We no longer have a municipal court, which is one of the requirements there, okay? Commissioner Spence -Jones: 1 need, for then to get to -- the two of then to get together to make sure that it's right. And then you present it, and then we digest it, and then we can go hack and think who's the hest person. Chair Sarnof f: Okay. All right. DISCUSSION ITEM DISCUSSION ON THE SUCCESSION PLAN AS A RESULT OF SIGNIFICANT 2013 EMPLOYEE RETIREMENTS. 13-00170 Succession Plan - Employee Retirements 2013.pdf 13-00170 Drop Succession Plan.pdf DEFERRED Note for the Record: Item D5.3 was deferred to the February 28, 2013 Commission Meeting. Commissioner Spence -Jones: The only one that I would want to bring hack is D5.3, which is the succession plan. 1 want to thank the Administration.fbr pulling the paperwork together on that. I think that was well done, but I'll -- we'll address it in the next meeting. END OF DISTRICT 5 NON AGENDA ITEMS DISCUSSION ITEM A MOMENT OF SILENCE WAS OBSERVED FOR THE PASSING OF LILIA I. MEDINA, CITY OF MIAMI ASSISTANT TRANSPORTATION COORDINATOR, WHO WILL BE REMEMBERED FOR HER DEDICATION AND SERVICE. DISCUSSED Chair 5arnoff: Prior to going to the presentations and proclamations, I thought it would he only fitting that we take a moment of silence for City of Miami employee Lilia I. Medina, the assistant transportation coordinator in the Department of Capital Improvement [sicJ and Transportation. She'd been employed with the City of Miami for over 16 years, began her tenure as a planner in the Building Department on October 8, 1996. She was promoted to the position of community planner in the Department of Community Development in 1999, and then promoted to the position of assistant transportation coordinator, the position she held until her recent passing. Please join me in offering our hest and fullest sympathies to her fancily, friends, and colleagues, and please recognize the dedication and service that Lilia showed to the City of Miami. And if you could just give us a half a moment or a half a minute, I should say, of a moment of silence in recognition of Lilia. Thank you. The meeting adjourned at 7:01 p.m. City of Miami Pane 157 Printed on 3/11/2013