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HomeMy WebLinkAboutCC 2013-02-28 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 28, 2013 9:00 AM PLANNING AND ZONING 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 28, 2013 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM - APPROVING MINUTES MV - MAYORAL VETOES PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCE RE - RESOLUTIONS BI - BUDGET DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS Di - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City of Miami Page 2 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 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 28th day of February 2013, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Regular Commission Meeting was called to order by Chair Sarnoff at 9:08 a.rn., recessed at 11:55 a. ni., reconvened at 2:21 p.m., recessed at 2:52 p.m., reconvened at 3:03 p. ni., recessed at 5:13 p.m., reconvened at 5:44 p.m., and adjourned at 7:15 p.m. Note,far the Record: Commissioner Spence -Jones entered the Commission chambers at 9:10 a.m., and Commissioner Carollo entered the Commission chambers at 9:15 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Todd B. Hannon, City Clerk Chair Sarnoff: I want to welcome everybody to the February 14 [sic], 2013 meeting of the City ofMiami Commission in these historic chambers. The members ofthe City Commission are Wifredo "Willy" Gort, Vice Chair, Frank Carollo, Michelle Spence -Jones, Francis Suarez, and myself, Marc David Sarnoff, the Chairman. Also on the dais are Johnny Martinez, the City Manager, Julie O. Bru, the City Clerk [sic], Todd Hannon -- I'm sorry, City Attorney, and Todd Hannon, the City Clerk. The meeting will be opened with a prayer by Commissioner Suarez and the pledge of allegiance by Commissioner Gort. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 13-00232 PRESENTATION Honoree Presenter Protocol Item Miami Police Officers - Mayor Regalado Certificates/Appreciation Participants/Presidential & Chief Orosa Inauguration Celebrating Historical Mayor Regalado Commendations Black Organizations NAACP - National Assoc. for the Advancement of Colored People CORE- Congress of Racial Equality SNCC - Student Nonviolent Coordinating Committee SCLC - Southern Christian Leadership Conference The Urban League The Miami Times NCNW - National Council of Negro Women Operation PUSH - People United to Save Humanity The Baptist Ministers Council City of Miami Page 3 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Joel Maxwell 13-00232 Protocol Item.pdf PRESENTED Commissioner Spence -Jones Salute 1) Mayor Regalado presented Certificates ofAppreciation to various members of the Miami Police Department fbr their commendable professionalism, commitment, and overall decorum within the Presidential Security Detail in Washington, D.C., January, 2013, during Protocol Rituals for the 57th Inaugural Ceremonies of the 44th President of the United States of America, Barack Hussein Obama. 2) Mayor Regalado celebrated Black History Month by paying tribute to the important roles played by African American Organizations, such as, NAACP, CORE, SNCC, SCLC, The Urban League, The Miami Times, NCNW, Operation PUSH, and the Baptist Ministers Council, whose mass mobilization efforts proclaimed an end to legal segregation in the United States ; further honoring the men and women who, formed these groups who marched, toiled and bled, shoulder -to -shoulder, who sat in, stood up, and spoke out for equal treatment under the law, thus helping to raise the pillars of democracy in cities all over America. 3) Commissioner Spence -Jones paid tribute to Joel Maxwell, who served the citizens of Miami for twenty-five years, by honoring his personal dedication and overall excellence as legal counsel for the City of Miami; further recognizing his serving as a catalystfor outstanding integrity and dependability as he worked always to achieve an elevated quality of life in our City. Chair Sarnoff: We'll now make the presentation and proclamations. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gott, Sarnoff, Carollo, Suarez and Spence -Jones Chair Sarnoff: Is there a motion to approve the minutes from the past meeting? Commissioner Spence -Jones: So moved. Chair Sarnoff: We have a motion -- Commissioner Suarez: Second. Chair Sarnoff: -- and we have a second. All in favor, please say "aye. " The Commission (Collectively): Aye. END OF APPROVING MINUTES MAYORAL VETOES City of Miami Page 4 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 NO MAYORAL VETOES Chair Sarnoff: Prior to doing that, I just want to do this in this order. Are there any mayoral vetoes, Mr. Clerk? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Sarnoff: All right. ORDER OF THE DAY Chair Sarnoff: Just so that everybody's aware, we're going to have a black history luncheon 1 think the Mayor's sponsoring upstairs with the City Commissioners and the City Manager, and that begins at noon. So we will take our lunch break at noon, and I think everybody's going to be up there. There's going to be an invocation by Ray Carvil, the Living World Baptist Church pastor. So just to remind everybody, 12 o'clock noon, we're going to have the black history luncheon. So I know that those right here that may leave far a little hit may want to come hack. All right, we will now begin the regular meeting. The City Attorney will state the procedures to be followed during the meeting. Julie O. Bru (City Attorney): Thank you, Mr. Chair. Good morning, members of the Commission, Mr. Mayor, Mr. Manager, Mr. City Clerk, and members of the public. 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 at the City Clerk's office. The material for each item on the agenda is available online at www.miamigov.com. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. No cell phones or other noise -making devices. Please silence those now. Any person who makes offensive remarks or who becomes unruly will be barred from attending any further Commission meetings. And anyone with a disability that requires auxiliary aids, please see the City Clerk. And the Chair will announce any special set items and other matters regarding this meeting. Later... Chair Sarnoff: All right. Now does the Administration wish to withdraw any items from the agenda? Johnny Martinez (City Manager): Yes, Mr. Chair. Chair Sarnoff: Go ahead. Mr. Martinez: PH (Public Hearing) -- Chair Sarnoff.' Oh, by the way, welcome back, Mr. Manager. Mr. Martinez: Thank you. Chair Sarnoff: You look great. Mr. Martinez: Thank you. Chair Sarnoff: I did fail to let everybody know that you successfully went through the procedure at the last Commission meeting, though I did have a Sticky Note to do so. I apologize to you for that. 1 think you got a lot of good wishes and maybe the Herald will now write something about City efMiam,i Page 5 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 the most famous knee in Miami 'cause it's apparently becoming the best knee in Miami as well. Mr. Martinez: Thank you, and appreciate everyone's patience and support during this time. I really do appreciate it. Yes, PH.1, 1 want to withdraw; RE.4, defer to March 14; RE.5, defer to March 14; DIA, withdraw -- that's the ticket policy that everyone's been waiting for. I've revisited the policy. I've been working with the stakeholders, and I'm going to bring forward a completely different item, more of a -- in an APM (Administrative Policy Manual) type style, and we'll have a discussion before it to let you know what's going to be coming forth on the APM. Chair Sarnoff: Okay, thank you. Mr. Martinez: And DI4, withdraw. That's the Marine Stadium item. There -- you know, a lot of good and hard work has been done by the committee and the Friends, but I don't feel that the Commission or -- and myself had enough time to vet and look through the recommendations that -- and the findings al the committee, so I want to withdraw the item and bring it hack in a resolution -type form and give the Commission plenty of time to vet and analyze the findings of the committee. Vice Chair Gort: It was a discussion item. Commissioner Carnllo: It was a discussion. Mr. Martinez: Excuse me? Vice Chair Gort: It's a discussion item. There's no action to he taken. Mr. Martinez: It's a discussion item, hut I want to withdraw the discussion item 'cause I don't think -- Tice Chair Gort: So you don't want to discuss it? Mr. Martinez: No, not at this time. I don't think there's been enough time to -- for -- to have a meaningful discussion. Tice Chair Gort: About ten years is time. Mr. Martinez: Well, since the committee -- you know, the committee's worked hard and they have their findings, but I don't think enough time has gone by to analyze the findings and have a meaningful discussion. We want to bring it hack in a reso type farm. Chair Sarnoff • And will that he brought back at the next Commission meeting? Mr. Martinez: Excuse me? Chair Sarnoff When will that come hack to us? Mr. Martinez: At the next -- Chair Sarnoff: Yeah. I know it's not going to be DI.4, 'cause you don't want to bring it back you're saying as a discussion item, but when will that come hack to us in a form that we could at least have a conversation? Mr. Martinez: March 14. Chair Sarnoff: Okay. City of Miami Page 6 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Commissioner Carollo: And -- hold on. Chair Sarnaff: You're recognized for the record. Commissioner Carollo: Thank you. Ijust wanted -- I want clarity. Are we going to discuss it March 14, or are we going to vote on it March 14? Mr. Martinez: Before March 14, we want to make the rounds with every Commissioner and give enough time for the Commissioners to study the findings of the committee, and then have an item to vote an on the 14th. Commissioner Suarez: Mr. Chair. Chair Sarnoff You're recognized. Commissioner Suarez: I think what Commissioner Carollo's saying is that we don't have an opportunity to discuss things amongst ourselves -- Commissioner Carollo: Right. Commissioner Suarez: -- unless we are in a sunshine meeting, so it may make sense on that day to bring it as a discussion item so we can discuss it -- Commissioner Carollo: Right. Commissioner Suarez: -- 'cause we may have input -- Commissioner Carollo: Exactly. Commissioner Suarez: -- before voting on it as a resolution. Commissioner Carollo: Exactly. Mr. Martinez: That's acceptable. Chair Sarnoff: And the only thing want to say to the folks that are bringing this issue to us, bear in mind the five-day rule. I know no action's going to take place, but by to get everything you're going to get to us five days before the meeting so that everybody has a chance to at least be -- we used to call it in law, a warm bench, as opposed to a cold bench. And whatever it is you're going to submit, just give it to us five days before the meeting. It's sort of a rule far action, but I think it's a fair rule, that everybody has a chance to analyze. You're recognized. Commissioner Carollo: And thank you, Mr. Chairman. And I apologize. My voice is a little hoarse. But we're going to he bringing it hack in March 14 as a discussion item -- Mr. Martinez: Discussion item. Commissioner Carollo: -- and then -- Mr. Martinez: And then fallow up with a reso. Commissioner Carollo: In the March, let's say 20 -- Mr. Martinez: Afterwards. City efMiami Page 7 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Commissioner Carollo: Okay. Mr. Martinez: The second meeting. Chair Sarnoff.' You want to --? Jorge Hernandez: Yeah. I just wanted -- Chair Sarnoff: State your name, for the record. I'm going to give you one minute. Mr. Hernandez: Yes. Jorge Hernandez, founder of Friends of Marine Stadium. I just wanted to thank this body. We did think we were going to be up here today, but in spite of that, the people that you appointed to the blue ribbon committee that we worked with took the appointment very seriously. We worked vigorously together. I think we came up with wine wonderful conclusions, and I wanted to thank all of you, and in particular, the Chair because he's the Commissioner, for the district and he took -- also, he took leadership of this process. So thank you, and we will see you whenever you ask us to come hack. Chair Sarnof f: I want to thank Commissioner Gort fbr that appointment. We did about 11 meetings. Tice Chair Gort: You're good at that. Chair Sarnoff: Thank you. All right, so Mr. Manager, we'll bring that hack. Is there anything else that you want to go through? I have PH1, RE.4, RE.5, DI], DI.4; anything else? Mr. Martinez: From the Administration, that's it. 1 don't -- there was some talk about the stor,nwater utility,fund item being -- Chair Sarnoff: I'm going to withdraw that because I've been given a -- I wanted to make sure that at least you had the opportunity to address -- I wanted to make sure that I put, not a fire under you, hut I wanted to make sure there was a deadline for you to come hack to this Commission with at least an explanation. I've received the explanation so, 1 mean, I'm okay with it. I'm going to withdraw DI6 from the discussion I brought. Is there any Commissioners that want to withdraw or make any modifications to the agenda? Commissioner Carollo: Mr. Chairman. Chair Sarnoff: You're recognized. Commissioner Carollo: I'd like to defer RE.8 to March 28. Chair Sarnof f: RE.8. Commissioner Carollo: And that is regarding a location within District 3. Chair Sarnoff.' Okay, March 28. Anybody else? All right, hearing none, is there a motion? Commissioner Suarez: Move. Commissioner Carollo: Second. Chair Sarnoff.' We have a motion by Commissioner -- City of Miami Page 8 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Commissioner Spence -Jones: Second. Chair Sarnoff -- Suarez, second by Commissioner Carollo. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnof f: Okay. Commissioner Carollo: Mr. Chairman. Chair Sarnoff.' Yeah, you're recognized for the record. Commissioner Carollo: Thank you. And I just want a point of privilege for a second. Chair Sarnaff: You're recognized. Commissioner Carollo: Thank you. Real quick, Ijust wanted to inform my colleagues that I'm going to be bringing a pocket item, and for the most part, it's out of the norm for me to bring any pocket items, but I think recently there's been several articles by El Nuevo Herald which, by the way, has done a great job reporting, and also the Miami Herald and Univisinn radio with regarding to some apartments that were converted into condominiums. So 1 just want to let my colleagues know that I plan on bringing -- it's supposed to be two pocket items. I have one already, and the second one, my staff and the City Attorney's office, I don't know, have not gotten it done yet, so I'll leave it at that. But I just wanted to give you a heads up, okay. I think it's something that's needed, and I'ni bringing it as a pocket item because I think every day you look at the paper and it's there. So I think we need to start taking action so, you know, in the future some of this maybe could be prevented. Thankyou. Commissioner Spence -Jones: And Mr. -- Chair Sarnof f: You're recognized, Commissioner Spence -Jones. Commissioner Spence -Jones: Thankyou. Mr. Chairman, just piggybacking on Commissioner Carollo, I do want to -- I know that I have a pocket item -- a discussion item, but I will he bringing a pocket item regarding the recent violence. As you know, over this past weekend, almost every day I've had a violent issue occur in my district. The police chief and I -- and I want to acknowledge Manny Orosa for working with me over the last 48 hours to cone up with some sort of plan to kind qf address things that are happening at Liberty Square. And I'm going to really need my fellow colleagues' support on this issue, but it is really out of control. And 1 was there up until 11 o'clock last night touring some of the residents' homes. And if you -- could you just imagine the guns that were used, AK-47 (Avtomat Kalashnikova), how those bullets pierced through windows, through doors. It's a blessing that people didn't -- more people did not die. So we have to do something. So I really want to have that discussion. I know that I leave today at (, so ill can -- Mr. Chairman, if f we can -- Chair Sarnoff • Yeah. Why don't -- Commissioner Spence -Jones: -- bump that up a little earlier. Chair Sarnoff Is this one on your blue page? This is on your blue --? Commissioner Spence -Jones: Yeah. It's on my blue pages. Chair Sarnoff: So why don't we set your blue page item at 3 o'clock? City nfMiami Page 9 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Commissioner Spence -Jones: That's fine. That'll be great. Chair Sarnoff: We -- Commissioner Carollo: Yeah. We have Brickell CityCentre time certain at 3 o'clock. Chair Sarnoff: All right. Commissioner Spence -Jones: You have a -- Commissioner Carollo: And I'm just looking at the time certain. Chair Sarnof f: No, that's fine. That's fine. Commissioner Carollo: So if you want to do it -- Commissioner Spence -Jones: What time? Commissioner Carollo: -- at 2:30? Chair Sarnofff Yeah, let's do 2:30. Commissioner Spence -Jones: That's fine. Thank you so much. Chair Sarnof f: Tell you what, why don't we do this, make it easier. Lunch will helium 12 to 2 -- Commissioner Spence -Jones: Right. Chair Sarnoff: -- getting back to those more appropriate time frames, and why don't we bring it up the first item -- Am I --? Do I have a 2 o'clock time certain? No. So let's bring it up -- Commissioner Spence -Jones: So the Omni CRA (Community Redevelopment Agency) is not today, right? Chair Sarnoff: Sorry? Commissioner Spence -Jones: Omni CRA is not -- Chair Sarnoff: It is, actually. The Omni CRA -- Commissioner Spence -Jones: At 2? Chair Sarnof f: -- I think it's two items. Commissioner Spence -Jones: Okay. Chair Sarnoff: I think it's two items. Commissioner Spence -Jones: I'm fine; 2:30's great. Chair Sarnoff: Omni and Midtown. I don't think Midtown's -- Mr. Chair, is Midtown very long? Commissioner Suarez: No. Midtown is very simple, I think. City of Miami Page 10 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Chair Sarnoff: Okay. All right. Mr. Martinez: Mr. Chair. Chair Sarnoff • Yes. Mr. Martinez: I have one more item. Chair Sarnoff: I do too, as well. I -- but go ahead. Mr. Martinez: D12, the alcoholic beverages, I would like to defer to March 28. Chair Sarnoff: That's what I had. Mr. Martinez: Okay. Chair Sarnoff • Is there a motion? Commissioner Carollo: So move. Commissioner Suarez: Second. Commissioner Spence -Jones: Second. Chair Sarnoff: I have a motion. I have a second. All in favor, please say "aye.'' The Commission (Collectively): Aye. Later... Chair Sarnoff: We are just a few moments away. So let me just ask any Commissioner, does any Commissioner wish to at least put on the record -- we haven't opened up P&Z (Planning & Zoning), hut if there's any lawyers waiting out here that want to change any of the P&Z or ask for a deferral or continuance? 1 have one 1 want to put on the record. Curtis Lane, I want to bring this back, Mr. Manager, at the next Commission meeting. There will not be a continuance granted by me again in this matter. This matter will go at the next Commission meeting, but I can't make that motion until the P&Z opens up. But I wanted to give the lawyers opportunity to see that. So why don't we do now -- You need to rewind and get ready for Omni -- Vice Chair Gort: Let's take two minutes. Chair Sarnoff: -- and for -- Yeah, let's take a two -minute break. So we will adjourn this -- not adjourn the meeting. Midtown first. Recess, recess. All right, class, we're in recess. [Later...] Commissioner Spence -Jones: We had a time certain for the Liberty Square, but I want to make sure the other Commissioners are here when I talk about it. Chair Sarnoff: Okay. I want to welcome everybody back from their lunch break. What I'd like to do is open the PZ agenda just to get rid of all the continuances, deferrals, and then we'll go back to the last items we have left in the regular Commission. So can we open the PZ agenda, Mr. Clerk? Maria J. Chiaro (Deputy City Attorney): You can do the continuances before I read the City of Miami Page 11 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 procedures, if --. Chair Sarnoff Oh, that's fine. If we can do that, that's fine. I know I am going to he deferring to the next Commission meeting, if that is a deferral -- Is that a deferral or a continuance? Unidentified Speaker: A deferral to the next meeting. Chair Sarnoff: Deferral. All right, so I'm going to he deferring the -- sorry, Curtis Lane, PZ.3, to the next Commission meeting. Anybody else have any other --? Go ahead. You're recognized for the record. Francisco Garcia: For the record, Francisco Garcia, Planning & Zoning director. I understood from the applicant, Mr. Chairman, that PZ.3 was going to he continued to March 28, so next like meeting. Chair Sarnoff: Next like meeting? Mr. Garcia: Yes, sir. I know the applicants are here as we speak. Chair Sarnof f: All right, that's fine. Mr. Garcia: And 1 also wanted to request that items PZ.7, 8, 9, and 10, all of which are companion items under the heading of Brickell Flatiron, he continued also to March 28. Also, Lucia Dougherty, on behalf of the applicants, are here to speak on that item. Chair Sarnof f: Okay. Mr. Garcia: That's all 1 have, sir. Chair Sarnoff: All right. Is there a motion as stated? Commissioner Suarez: So -- That's all you have? Gilberto Pastoriza: Commissioner, no. Commissioner Suarez: What about PZ --? Mr. Pastoriza: IfI could, Commissioner. Chair Sarnoff: That's from the staff. Mr. Pastoriza: Oh, from the staff. Chair Sarnof f: Wait. Is there one missing? Mr. Garcia: 1 did. 1 overlooked something. Chair Sarnoff: Okay. Mr. Garcia: I'd also like to ask that items PZ.11 and PZ.12 he continued. And I think it may make most sense to have those he deferred indefinitely for a period of -six months, and perhaps bring them. up prior to that if the time is appropriate to do so. Chair Sarnoff. Okay. Anything else? City of Miami Page 12 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Mr. Garcia: That's all have. And think Mr. Pastoriza has another request. Chair Sarnoff: All right, Mr. Pastoriza, what do you want to --? Mr. Pastoriza: Good afternoon. Gilberto Pastoriza, 2525 Ponce. Item 16, if I could have it deferred for 60 days. You have some pending legislation that will -- may resolve this. Chair Sarnoff: Is that an adequate amount of time? Mr. Pastoriza: I think so because you have it today here on first reading. Chair Sarnoff: Okay. All right, is there a motion as state -- as suggested? Commissioner Suarez: Move all the deferrals and continuance as articulated by the applicants and the zoning director. Chair Sarnoff • All right. There's a motion. Commissioner Spence -Jones: Second. Chair Sarnoff: There's a second. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): Excuse me, Chair, my apologies. For PZ.16, I know it was mentioned far 60 days, so Ijust want to make sure that's going to he April 11. Commissioner Suarez: That's, fine. That's fine, right? Yeah. Chair Sarnoff: Okay. Commissioner Suarez: There's probably not a meeting -- Mr. Hannon: Thankyou. Commissioner Suarez: -- exactly 60 days away, so he's -- that's probably why he's -- cool. Chair Sarnoff: Thank you. Commissioner Suarez: Awesome. Mr. Pastoriza: Thank you. Chair Sarnoff: All right. Lucia Dougherty: Thankyou very much. Chair Sarnoff: Let's go hack to the original -- let's go hack to the agenda. Commissioner Suarez: You don't avant to just finish what we have? I mean, is there --? There's not much there. Chair Sarnoff: There's not much of anything left, so let's -- City of Miami Page 13 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Commissioner Suarez: Whatever you want. Chair Sarnoff: -- do something. Commissioner Suarez: I mean, we're here so. Chair Sarnoff: All right, so we have left on the regular agenda -- Commissioner Spence -Jones: Mr. Chairman, I -- Chair Sarnoff • We have RE.9. We have -- Commissioner Spence -Jones: Yeah, but no -- Chair Sarnoff: As Long as it's the three of us, we'll decide where we go. We have RE.9, and we have RE.1 D -- no -- yeah, RE.10 for a time certain. All right -- Commissioner Suarez: Right. Chair Sarnof f: -- that's 4 o'clock. So, RE.9 we have left, and RE.10 is time certain. Commissioner Suarez: Do we have FR.1? Is that still on or --? Chair Sarnoff. And FR.1 -- Commissioner Suarez: Somebody told me that was going to be deferred. Chair Sarnoff: -- you're right, FR.1. Commissioner Suarez: Is that going to be deferred? Someone -- I was told that was going to he deferred. Chair Sarnoff: Are we deferring FR.1? I'm not -- I've not heard that. Commissioner Suarez: No? Okay. Chair Sarnoff: But that should probably have a full Commission. Commissioner Suarez: Whatever. It's fine. Chair Sarnoff • Is Commissioner Gort in? Does anybody know? Commissioner Carollo: Where are we? Chair Sarnoff: Well, we're deciding -- Commissioner Suarez: We're trying to figure that out. Chair Sarnoff: -- if we're going to move on FR.1, which is the towing issue -- Commissioner Carollo: I thought we were doing Michelle Spence -Jones issue. Commissioner Spence -Jones: Yeah, we are, but I wanted to have all four of you guys here. I think it's important. City of Miami Page 14 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Chair Sarnoff You wanted everybody here, right? Commissioner Spence -Jones: Yeah. Chair Sarnoff • Okay. Commissioner Spence -Jones: I don't know where Commissioner Gort is. Chair Sarnoff Is he in the building? Do we know? Is anybody checking on Commissioner Gort? Commissioner Spence -Jones: So we're going to deal with F --? Chair Sarnoff: He's coming, he's coming, all right. Commissioner Spence -Jones: Okay. Chair Sarnoff: Do you want to start on yours first, your --? Is it a pocket item or a blue page? Commissioner Spence -Jones: It's going to he a blue page -- a pocket item on my blue pages. But you can deal with FR.1 right now, if you want. That's fine. Chair Sarnoff • 'just think Commissioner Gort's probably going to want to he here on FR.1. Commissioner Spence -Jones: Oh, okay. Chair Sarnoff: Pm assuming that. You think so ton. And I'm assuming he's going to want to he here on RE.9. Commissioner Spence -Jones: Nine, yeah. He's corning. Chair Sarnoff: Is PZ open? 'Cause I don't mind doing PZs. Yes? He's here, he's here. Later... Chair Sarnoff: D4. We have some D4 items left. Commissioner Suarez: Thank you. Ijust have one. Commissioner Carollo: No. Discussion items. Chair Sarnoff: Yeah. No, no, no, no. Commissioner Suarez: I have one. Chair Sarnoff: D4 discussion (UNINTELLIGIBLE). Commissioner Suarez: Did you already finish his? Commissioner Carollo: We -- Chair Sarnoff: We i-vere on his. Commissioner Carollo: No, we were on mine. City of Miami Page 15 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Chair Sarnoff: You're -- I'm sorry, we are (UNINTELLIGIBLE). Commissioner Suarez: I think you got some -- Commissioner Carollo: I've been on mine far the past two hours. Everyone keeps jumping in. Commissioner Suarez: (UNINTELLIGIBLE) got skipped. Commissioner Carollo: Which is fine. Chair Sat-naff • Go ahead. Commissioner Carollo: You know, I've been -- Chair Sarnoff Go ahead. You are recognized on D3.1 to D3 -- Commissioner Carollo: And I'll make it easy for you guys. I'm going to defer all my discussion items, for the exception ofD3.3, which -- and I've already spoken to our CFO (Chief Financial Officer). City of Miami Page 16 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 PH.1 12-00390 Department of Public Facilities PH.2 13-00171 PUBLIC HEARINGS RESOLUTION ITEM TO BE WITHDRAWN BY THE ADMINISTRATION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGERS RECOMMENDATION AND WRITTEN FINDINGS, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS BEING NEITHER PRACTICABLE NOR ADVANTAGEOUS TO THE CITY OF MIAMI FOR THE FIRE DETECTION AND ALARM SYSTEM FOR THE HYATT HOTEL AND JAMES L. KNIGHT CONVENTION CENTER ("KNIGHT CENTER") LOCATED AT 400 SOUTHEAST 2ND AVENUE, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BY AND BETWEEN THE CITY OF MIAMI ("CITY") AND HYATT EQUITIES, LLC ("HYATT"), TO PROVIDE AUTHORIZATION FOR HYATT TO PREPARE AND FINALIZE A SPECIFICATIONS CRITERIA PACKAGE ("PHASE I") AND FURNISHING, INSTALLATION, AND TESTING ("PHASE II") FOR THE REPLACEMENT OF THE FIRE DETECTION AND ALARM SYSTEM AND ASSOCIATED EQUIPMENT THAT SUPPORTS THE HYATT HOTEL AND THE KNIGHT CENTER, WITH A TOTAL PROJECT COST ESTIMATE OF $778,306 TO BE PAID BASED ON A PERCENTAGE USE OF THE SYSTEM, WITH THE CITY'S SHARE NOT TO EXCEED $238,745; FURTHER AUTHORIZING THE CITY MANAGER TO UNDERTAKE ALL REQUIREMENTS IN ORDER FOR THE CITY TO COMPLY WITH THE UNITED STATES INTERNAL REVENUE CODE OF 1986, AS AMENDED, SUBJECT TO APPROVING OPINION OF BOND COUNSEL AND CONSULTATION WITH THE CITY ATTORNEY; ALLOCATING FUNDS FOR THE CITY'S CONTRIBUTION FROM CIP PROJECT B-70414; WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID LETTER AGREEMENT. 12-00390 Summary Form.pdf 12-00390 Notice to the Public.pdf 12-00390 Memo - Waiver of Competitive Bidding.pdf 12-00390 Legislation.pdf 12-00390 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, Program AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND City of Miami Page 17 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 CONFIRMING THE CITY MANAGERS FINDING, PURSUANT TO SECTION 18-89 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES FOR THE PROCUREMENT OF SERVICES, FOR THE CONSTRUCTION OF THE NEW DINNER KEY MARINA DOCKMASTER BUILDING, B-60464; AUTHORIZING THE CITY MANAGER TO EXECUTE A SPECIAL CONSTRUCTION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BELLSOUTH TELECOMMUNICATIONS, LLC D/B/A AT&T SOUTHEAST, IN THE NOT TO EXCEED AMOUNT OF $77,919.10; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-60464, FOR SAID PURPOSE. 13-00171 Summary Form.pdf 13-00171 Memo - AT&T Special Construction Agrmt.pdf 13-00171 Notice to the Public.pdf 13-00171 Pre -Grant of Easement.pdf 13-00171 Legislation.pdf 13-00171 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, Sarnot7, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0059 Chair Sarnoff All right, PH2. Commissioner Spence -Jones: PH.2. Mark Spanioli: Good morning, Commissioners. Mark Spanioli, director of. Capital Improvements. PH.2 is a resolution to waive competitive bid procedures and authorizing the City Manager to execute a special construction agreement with AT&T (American Telephone & Telegraph), for the relocation of buried cables and conduits as a part of the new Dinner Key dockmaster building construction. Chair Sarnoff: Is there a motion? Vice Chair Gort: Move it. Chair Sarnoff • We have a motion by Commissioner Gort. Is there a second? Second by Commissioner Suarez. This is a public hearing. Anyone wishing to be heard on PH.1, PH1, please step up. Hearing none -- Oh, PH1, I -- PH.2, I apologize. PH2, hearing none, seeing none, coming back to this Commission. It is a resolution. All in favor, please say "aye." The Commission (Collectively): Aye. Mr. Spanioli: Thank you. END OF PUBLIC HEARINGS ORDINANCE - SECOND READING SR.1 ORDINANCE Second Reading City of Miami Page 18 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 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 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 ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioners) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 13361 Chair Sarnaff: All right, SR.2. Commissioner Suarez: SR.1. Chair Sarnoff: Oh, I'm sorry, SR.1. I apologize. Commissioner Suarez: Move it. Chair Sarnoff: We have a motion by -- Commissioner Carollo: Second. Chair Sarnaff: -- Commissioner Suarez, second by Commissioner Carallo. Commissioner Suarez: Discussion, discussion. Chair Sarnoff: It is a public hearing. Anyone wishing to he heard? Mr. Cruz, you are recognized far the record. Mariano Cruz: Sure. J have something to say. Mariano Cruz, 1227 Northwest 26 Street. Tam for this ordinance. First, one thing, because I already enjoy that benefit. I don't pay taxes to the City or debt service or to the County. And I enjoy, like today when I went by 17 Avenue and I look at the Marlins Stadium and the garage, I say, Lucky no more of my money is going there, not even my debt service is going to those buildings there. That's welfare far the millionaire. City of Miami Page 19 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Welfare for Lorria and all that, you know, whatever, and we're still paving. We're still -- you -- all of you pay. I don't pay for it. And one thing, what this ordinance will do is people will have a say-so in the money save. They can put the money, like I do with the money I save from taxes because -- my tax -- 1 usually use it -- the only thing 1 pay, the solid waste for three hundred and some dollars a year. But the other money, I use it in the things I want to do, helping people that --freedom fighters, like (UNINTELLIGIBLE) or (UNINTELLIGIBLE) and you send a check to (UNINTELLIGIBLE), 29 years in prison, 29 years. He's been in prison more than Mandela. Chair Sarnoff: And in conclusion. Mr. Cruz.: Yeah, 29 years. Chair Sarnoff: In conclusion. Mr. Cruz: No, in conclusion -- well I am not a lawyer. Chair Sarnoff • Do you support this ordinance? Mr. Cruz: No, I am not a lawyer. Because the lawyer come here and speak to their heart's content. I never seen you stop any lawyer, never seen you. And I wrote the Herald about that 'cause this is a public hearing. We are the public. We are the -- I pay taxes regardless because I go outside and consume things and pay taxes. But at least one thing, remember, 1 am not afraid of you or anybody because the anticipation of death is worse than death itself. I've been in situations to he killed and I'm still alive. And (UNINTELLIGIBLE) survival. I still will have many years to come here, and you will see my face here for years to come. Thank you. Chair Sarnoff: Thank you. All right, anybody else wishing to he heard? Grady Muhammad.: Good morning Mr. Chairman. Chair Sarnoff: You're recognized for the record. Mr. Muhammad: Grady Muhammad, president/CEO (Chief Executive Officer) ofMiami-Dade First, 5426 Northwest 7th Avenue. We're in favor of this ordinance. And more importantly, Mr. Mayor, we commend you for doing it because I think also with the funds that we have, we have to try to also ensure our elderly residents because they're -- with this here, I think we can work with Community Development to potentially ident jy some of those homeowners to he able to likewise - - that need their homes fixed/repaired, and we don't have to have these shysters now that the housing market coming hack. And some of these people who paid their homes off, they still need - - whether it's because the crime, they need air conditioners or they need security bars and you have some shyster contractors corning in giving them this, but yet cashing out their monies or refinancing their homes. I think we can potentially think outside the box, as Commissioner -- the Chairman says, to he able to use some of these funds that we got that HUD (Department of Housing and Urban Development) is telling us we must use. I think we can help some of these homeowners citywide. Thank you. Chair Sarnoff • Thank you. Ms. Sandoval, you're recognized for the record. Judith Sandoval: Judv Sandoval, 2536 Southwest 25th Terrace. As a senior citizen, of course, I am delighted with this. I can paint the house, buy some more trees, go out and have more fun. Any little bit helps. But I approve rf it, of course. But I just have a question, is this the same as - -? I just got a notice about this, some farm you have to. fill out. Is it the same as the state allot - - is it to make the City al -Miami work under the state and the rules are the same, are they? Chair Sarnoff: We have to -- City of Miami Page 20 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Commissioner Suarez: Mr. Chair. Chair Sarnoff: PH let Commissioner Suarez explain. Commissioner Suarez: Yeah. This was a constitutional amendment, Amendment 11, that was -- Ms. Sandoval: Yeah. Commissioner Suarez: -- passed by the voters of the City of Miami. And what we have to do as a Commission is we have to -- part of the amendment is that the local government has to enact legislation to adopt -- we can opt out or opt in, and we're choosing to opt in. But yes, what you received jrom the property appraiser is what you have to fill out to receive the exemption. M. Sandoval: Yeah. Okay, thank you very much. Yes. Vote yes, evetyhody. Chair Sarnoff • Thank you. Anyone else wishing to be heard on FR (First Reading) -- SR.1 ? SR.1, hearing none, seeing none, corning back to the Commission. Commissioner Carollo: Mr. Chairman. Chair Sarnoff: Commissioner Suarez is recognized, then Commissioner Carollo will be recognized, and then Commissioner Gort. Commissioner Suarez: I just have a very quick -- I think on page 2, there's a drafting error, which is basically section -- the Section 56-86 is repeated. Julie O. Bru (City Attorney): Right. Commissioner Suarez: And under 56-87, the paragraph is also repeated so -- Ms. Bru: Right. We've corrected that. It printed twice, yeah. Commissioner Suarez: Okay, so that's been corrected? Ms. Bru: Yeah. Commissioner Suarez: Okay, Ijust didn't want to -- 'cause we have -- this is our last shot at -- and again, we're down to four to five Commissioners --four out of -- so we have to -- this has to pass unanimously, otherwise -- Ms. Bru: Thank you. Commissioner Suarez: -- we won't he able to afford this to our very deserving citizens. So thank you. Chair Sarnoff • Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. I'm glad to he a cosponsor on this ordinance, as I mentioned in the last Commission meeting. And I'm sorry, once again, my voice is hoarse. I helieve this is to preserve the American dream for all those elderly that are on a fixed income. And I am glad to report back to this Commission that I had a chance to speak to my colleagues in the Bayfront Park Management Trust, and we were all in agreement that, yes, we will help the City out with the financial impact, and we are going to incorporate in our budget the $542, 000 that were estimated in order to pay for this program. So thank you. City of Miami Page 21 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Chair Sarnof f: Thank you. Commissioner Gort. Vice Chair Gort: Well, 1 think it's important to understand -- and 1 keep repeating this 'cause a lot of people don't understand. A lot of the property owners within the City of Miami and especially in my neighborhood and some of the other districts were people that were -- bought in the '70s at a very low price. If recall the prices from 1970 to now, they been increased quite a bit, over 200 percent. A lot of those people -- the salaries in Miami have never been the highest, especially in South Florida. So those people did not really have much money to create a pension plan for themselves and they have to depend on Social Security. So there's a large amount of individuals that own property that only live on Social Security. And I'll he amazed how many get 2,000 a month. So this is something that will really benefit those people to be able to stay at their houses, which is very important Jiff them. Chair Sarnoff: Commissioner Spence -Jones. Commissioner Spence -Jones: Of course, you know, we support it, you know. We've been big advocates of seniors, any kind of incentives, programs, projects, exemptions, you know. Our seniors are, you know -- unfortunately, they're being attacked on all different kinds of levels, so whatever support we can give them, I definitely support it 100 percent. I'm assuming there's going -- is there like some sort of -- Mr. Manager, some sort of --? Is the information going to he passed out or sent out to let them know that the change --? Or it's going to be automatically in their --? And when does it actually start? Commissioner Carollo: And I think they need to file by March 1. Commissioner Suarez: Friday. Commissioner Carollo: By tomorrow. Commissioner Spence -Jones: Okay, so -- but this -- Commissioner Carollo: So even if we send anything by mail today, I don't know if they'll get it on time, so just -- 1 think the property appraiser's office will be, you know, somewhat lenient -- Commissioner Suarez: Flexible. Commissioner Carollo: -- and flexible 'cause I contacted them yesterday to see if seniors, you know, received this information a little late, would they still he ahle to file. They said that they would have some flexibility. But realistic, the day is supposed to be tomorrow, the last day to file. Commissioner Spence -Jones: Well, see -- and see, this is one of the reasons -- Commissioner Carollo: Yes. Commissioner Spence -Jones: -- I wanted to make sure we mentioned it, 'cause if there are seniors that are watching it right now, if there are seniors -based organizations or neighborhood associations I know now that -- now that you're telling me that March 1 is the date, I'm going to get my staff hack on there calling these associations and organizations to let their seniors know because I would like them to benefit from it. So, by all means, I'm glad that that information was put on the record. And 1 want to also just commend Commissioner Carollo, Suarez, and of course, the Mayor, for their vision in pushing to make sure that this happens, and I support it 100 percent. City of Miami Page 22 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Chair Sarnof: Mr. Mayor, you're recognized for the record. Mayor Tamils Regalado: Thank you. I just want to thank you -- thank you, Commissioner, because that's something that sends a message that entities that are within the City of Miami and are doing well want to help the City, and so that's a symbol of cooperation with the different agency. I just wanted to say that when you approve this today and the City Clerk will give it to me, hopefully, this afternoon, we'll sign it. We don't have to wait for the ten days. And then Danny will be in touch with the property appraisal [sic] and the tax collector, and this is when the people will he notified that they have that. The County already did that, so they will he notified for the upcoming November bill. Chair Sarnoff: Is -- Do you know, Mr. Mayor, if the March deadline is a hard deadline? Commissioner Carollo: Like I said, I contacted -- along with Mr. Alfonso -- we contacted the property appraiser's office yesterday 'cause I was concerned about that. And it appears like it's not. 1 don't want to put words into their mouth, but, from nay discussions with them., it appears like they're going to be flexible with that date. However, it's still stated that it's March 1. Vice Chair Gort: Well, that's my understanding, yeah. Commissioner Carollo: But verhally, they told me we're going to he flexible. We -- you know, obviously, this is done, so, you know, it's a benefit to people. We don't i-vant to exclude anybody. Chair Sarnoff: Okay. Thanks, Mr. Mayor. Commissioner Gort. Vice Chair Gort: After the vote. Chair Sarnoff: Okay. Madam City -- public hearing is now closed; coming back to this Commission. 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): Roll call on item SR.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, as amended -- Vice Chair Gort: Mr. Chair. Mr. Hannon: -- 5-0. Chair Sarnof: Commissioner Gort's recognized for the record. Vice Chair Gort: For the information, as you call the individual, especially that provide social services within your district, I don't know if you're aware that the Department of Elder [sic] Affair [sic] has advised us that the LSP (Local Service Programs) and all ADI (Alzheimer's Disease Initiative & Respite Care) programs remain on the cut list. It is essential that you contact your senators who will speak directly with Senator Denise Grimsley, chair of the senate subcommittee on human service and appropriation, to request that your programs and all LSP and ADI programs remain in the budget. You have until Wednesday to get the senate to speak to you about this issue. Chair Sarnof: Okay. City of Miami Page 23 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 END OF ORDINANCE - SECOND READING ORDINANCE - FIRST READING FR.1 ORDINANCE First Reading 13-00056 Department of Police AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 42/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "TOWING AND IMMOBILIZATION OF MOTOR VEHICLES," MORE PARTICULARLY BY AMENDING SECTION 42-110 BY ADJUSTING THE MAXIMUM TOW RATES ALLOWED FOR THE RECOVERING, TOWING, REMOVING AND STORING OF MOTOR VEHICLES PARKED ON PRIVATE PROPERTY WITHOUT THE PERMISSION OF THE OWNER, AS SPECIFIED IN THE AMOUNTS SET FORTH IN THIS SECTION; AND BY AMENDING SECTION 42-119 OF SAID CITY CODE BY ADJUSTING THE MAXIMUM TOW RATES ALLOWED FOR THE RECOVERING, TOWING, REMOVING AND STORING OF MOTOR VEHICLES FOR THE POLICE DEPARTMENT AND MIAMI PARKING AUTHORITY DISPATCHED TOWING AND WRECKER SERVICES, AS SPECIFIED IN THE AMOUNTS SET FORTH IN THIS SECTION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 13-00056 Summary Form.pdf 13-00056 Maximum Non -Consent Towing Rates.pdf 13-00056 Legislation.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez Chair Sarnoff: All right, the next thing up on the agenda would be FR.1, which is the towing rates, but I think what -- the towing folks here? I think the better thing to do is do fifty the afternoon. And I hate to do that to you, but I want to have a full Commission to hear this. Later... Chair Sarnoff: All right, let's just do this. Commissioner Suarez: Let's do it. Chair Sarnoff: Let's just do FR.1. I mean, it's going to be -- we're going to get through it. We're going to do it. FR.1. Kenneth Robertson: Good afternoon, Commissioners. Kenneth Robertson, Purchasing director. FR.1 is an ordinance increasing the towing rates in Section 42-10 [sic] and 42-19 [sic] of the City Code. These rates are intended to come into compliance with the rates approved by Miami -Dade County. Commissioner Spence -Jones: Is towing companies here? No? City of Miami Page 24 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Mr. Robertson: I don't see them. Commissioner Spence -Jones: So this means they're happy. Tice Chair Gort: They were here a little while ago. Commissioner Spence -Jones: It means they're happy with it? Vice Chair Gort: I'll make the motion. Chair Sarnoff • All right. There's a motion by Commissioner Gort. Is there a second? Commissioner Spence -Jones: Second. Chair Sarnoff: Second by Commissioner Spence -Jones. Let me open up a public hearing. Public hearing is now open on FR.1, FR.1, commonly known as the towing rates. Anyone wishing to he heard on FR.1, please step up. Hearing none, seeing none, coming back to the Commission. Discussion? Commissioner Carollo: Yes. Chair Sarnoff: Commissioner Carollo, you're recognized for the record. Commissioner Carollo: Thank you, Mr. Chairman. One of the issues that I have with this -- and everybody knows that I'm [sic] always been very conservative when it comes to raising any fees -- is that -- and I had met with all the towing companies. There was various suggestions made by them, one of them being increased rates, hut there were other suggestions and it seems like none of that materialized or there was no follow up with it. So you know, I'm uncomfortable just going with an increase in rates and not going with any of the other suggestions that were statedf f om, you know, the nine zones, the ones who bid, you know, hest bidder or stated that they would give the most money to the City, being able to do the special events, like DUIs (Driving Under the Influence) and stuff like that. So you know, I thank that there needs to be more dialogue. Mr. Robertson: If I may, Commissioner. This item is the ordinance only for the towing rates. Should this ordinance pass today and come hack on second reading, the procurement to award the contract for the towing companies would also be corning back at the same like meeting. The issues that you would like addressed, other than these towing rates, would he addressed on the procurement contract item by resolution and not part of this ordinance. Chair Sarnoff: All right. Anyone else willing to be -- wanting to be heard on FR.1? Okay, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney George Wysong. Chair Sarnoff: Commissioner Gort's recognized. Tice Chair Gort: Mr. Chairman, I'd like to see for the second reading we could look at -- since what we doing this year is we keeping up with the same numbers as the County, right? Can we amend this so any time County will make any increase, can we go along with it? Mr. Robertson: Commissioner, I looked into that yesterday. The County approves their towing rates by resolution. I'd have to defer to the Law Department to see if a County resolution could impact formally a Miami ordinance. Vice Chair Gort: Right. City of Miami Page 25 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Mr. Robertson: I don't believe that to he true. If the County were to adjust their towing rates by resolution, we would then have to, in turn, come hack and present an ordinance to amend our towing rates. Vice Chair Gort: Well, that's what I'm saying. Maybe we might be able to incorporate it in the second reading. George K. Wysong (Assistant City Attorney): Well, my recommendation would he, because our ordinance is so specific and it lists all the rates -- Tice Chair Gort: Right. Mr. Wysong: -- that we either go this method, or we scrap this method and just adopt an ordinance that says the rates approved by Miami -Dade County will he applicable in the City of Miami. Right now the County code says that the rates that they establish apply both in incorporated and unincorporated areas unless the local government adopts an ordinance. So if u'e were to repeal our rate ordinance, by default we'd have the County one. So it's really up to the discretion of the Commission how you want to proceed. Vice Chair Gort: Okay. First reading. Chair Sarnoff • Yeah. And just so I understand what you're -- this does -- Does this bring us up to the County rates? Mr. Robertson: Yes. Mr. Wysong: Yes. Chair Sarnoff: So I understand what you told Commissioner Gort, alternatively, what we could be saying is, let's just do away with our ordinance or just say whatever the County's rates are are our rates. Mr. Robertson: Correct, ifwe were to adopt that approach. The County rates would apply to the City or -Miami ifwe did not have our own towing ordinance. Chair Sarnoff: And who would get the money? Mr. Robertson: The towing companies get the rate, as approved by class, and then the City would get an administrative fee in the same manner that the County does. Chair Sarnoff.' In the same amount? Mr. Robertson: Correct. Chair Sarnoff: So we could do away with our towing ordinance and we wouldn't harm ourselves at all? Matter- of fact, we'd have an increase 'cause we'd he going to the County rate -- Mr. Robertson: The administrative fee would go down slightly 'cause the County's -- Mr. Wysong: Yeah. Mr. Robertson: -- I believe, is $15 and ours is proposed to he 30. Mr. Wysong: Let me explain. In the County Code, the County receives $15 for each tow, so that City of Miami Page 26 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 would actually be less money than we currently collect. We get 16 for private property tows and 26, I believe, for police tows. Chair Sarnoff: Okay. Mr. Wysong: So -- and we could bifurcate it where we could say the rates shall be as established by Miami -Dade County and -- however, a City administrative fee of $30 is imposed on every tow. But the way it works is the tow companies keep the tow rate. The only thing the City gets is that City administrative fee of either 16 or $26. Johnny Martinez (City Manager): Mr. Chair, may I ask a question? George, will this in any way affect the -- I guess the franchise fee that we're -- that $25,000 that we're charging that the County doesn't charge? Mr. Wysong: No. That -- no, because these rates relate to the amounts that -- Mr. Martinez: Okay. Mr. Wysong: -- the private companies can charge citizens. Mr. Martinez: Okay, just wanted to -- clarity on that. Chair Sarnoff • Anybody else? Vice Chair Gort: It's an ordinance. Chair Sarnoff: Public hearing was opened and closed. Tim Del Rosal: Yeah. I need to speak on that. Chair Sarnoff: Where were you? Mr. Del Rosal: Buddy said it was -- they told me they were going to start at 2:30, and I was sitting outside. 1 was waiting -- Commissioner Spence -Jones: And he was right because we said -- Vice Chair Gort: Question. Commissioner Spence -Jones: -- 2:30 we would do that because my item was supposed to be at 2, I believe. Vice Chair Gort: Are you for it? Are you for it? Mr. Del Rosal: Pardon me? Vice Chair Gort: Are you for this change? Mr. Del Rosal: Yes, I -- Vice Chair Gort: Okay. Mr. Del Rosal.: No, no, no, no. Vice Chair Gort: No? Oh, okay. City of Miami Page 27 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Mr. Del Rosal: No, sir, because -- Vice Chair Gort: You want more? Okay. Mr. Del Rosal: I'm Tim, with Downtown Towing, and I represent more towing companies, most all the towing companies. And he's talking about a Dade County ordinance for the towing that they don't have a $25,000 impact fee mandatory, you know. They're getting ready to up their rates now with Dade County. But this whole process has been a complete nightmare. We're -- the fees -- where we supposed to had another meeting about the, fees -- of bringing the fees up to standards, but we still are on this $25, 000 that we have to pay out that a lot of us don't even have. So, you know, to me, I think that we should just scrap this whole thing and start over, and at least give us a couple years more to see if the economy picks up, that we get the police to work with us in the towing of the pirates that's taking all the calls that we're not really doing nothing. Now, on this new ordinance of this fee, you see where we only get an $8 increase. Now the people who tow the private property, they're getting a $50 increase, and they don't even have to have a license, so they're not paying the impact fee to workfor the City of 25 or 30 or $40, 000. They're paying nothing and they're getting a big increase. Us police towers that work for the police department is getting an $8 raise, and that's not -- that can't -- it's not going to help us at all, $8. The fuel in the last week went up 35 cents a gallon. The insurance, Dade County Consumer Protection, they douhled the prices. And it's -- this whole process has been wrong from the beginning, and I would like to see everything just stop, have a workshop on this and try to work out the whole contract because this not only go, for the rates, but it goes, for the contract of the $25, 000. So we're tying all this into it and it just keeps getting worser [sic] and worser [sic]. It's a complete mess. So I'd like to see if we could just hold off and give us a little bit of time to revisit this and by to get it right. Chair Sarnoff: Thank you. Commissioner Spence -Jones: Mr. Chairman, I'm a little confused from my briefings. I'm a little confused from -- Vice Chair Gort: It's a hid protest, out of time, yeah. Commissioner Spence -Jones: So in our meeting that we had, Mr. Manager, I was under tite impression that we had come to a solution with the towing companies. Is that not correct? Mr. Martinez: We had a workshop and, like Commissioner Carollo just mentioned, a lot of things were discussed and it all came down to the -- to raising the amount that we -- that's allowed to be charged, and 1 think that's why we have before you the ordinance to raise the -- Commissioner Carollo: Yeah. But Mr. Manager, with all due respect -- and the reason why I raised those issues is because I think it was just more than that. I think there was a lot of other issues and, you know, I -- honestly, I don't know how all of this came about, but that's why, you know, I pushed for the workshop, and it just seems that there's still a lot n f issues. And I think now it's substantiated. And that's why 1 was bringing that up, and you know, again, 1 -- Vice Chair Gort: My understanding is, the request was to increase the fee in order to -- for them to he able to comply with the minimum requirement that is in the RSP [sic], and that's the reason why we're bringing it up. But now what I can hear is it's sort of like a bid protest. Now they don't like the RFP (Request for Proposals), the way it was put together, so they want the whole thing to go back and forget about the rate increase. Mr. Del Rosal: Yes, the rate increase was not going to do us no good for $8 and be impact $30, 000 or $25, 000. It just don't make no sense for none of us. But we have one company that City of Miami Page 28 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 they took off the rotation three weeks ago because he don't have no insurance. We're all falling apart here. We're like the City; we don't have no money. We haven't found no extra money, and this is in -- Another thing, we had a workshop, and Mr. Carolla told -- we sat down. We told her our views, and they told us they going to get back and we're going to have another workshop. Never heard from them again, so we never finished our workshop. So they came up with them rates. That's not the rates that we want to work with and stuff so you know, it's not -- there's nobody working with us on our side. It's -- and then we're backup here. We have never finished Chair Sarnoff: Thank you. Mr. Del Rosal: -- negotiations. Chair Sarnof f: Thank you. Commissioner Spence -Jones: Mr. -- Chair Sarnoff.' You're recognized. Commissioner Spence -Jones: I think the reason why we got to the workshop was to -- and correct me if I'm wrong. The reason why -- I think it might have been Commissioner Carollo's recommendation on the workshop. I'm not -- wasn't it your recommendation or somebody's recommendation -- Commissioner Carollo: I know it came back in the last Commission meeting or whenever the last time we spoke about towing, and we had spoken about a workshop, and I really, pushed for a workshop. Commissioner Spence -Jones: Right. Commissioner Carollo: So we actually had one. Commissioner Spence -Jones: Right. Commissioner Carollo: However -- and I was there far, let's say, 30 minutes, maybe an hour at the most, and I had to leave, so I couldn't -- Commissioner Spence -Jones: Yeah. Commissioner Carollo: -- stay 'til the end. But I did meet with all the towing companies, and individually, they told me a lot of the suggestions, some that 'just mentioned. Commissioner Spence -Jones: Yeah. Commissioner Carollo: And it seemed that that hasn't been incorporated. So somewhere in there, there's some miscommunication between the Administration, the towing companies, and ultimately then, with us. Commissioner Spence -Jones: Yeah. Commissioner Carollo: And the one thing that we can clearly see is there is no consensus right now. Commissioner Spence -Jones: Yeah. City of Miami Page 29 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Commissioner Carollo: So passing this, especially someone like me that -- you know, I'm not an advocate of increasing fees. You know, I -- right now, I would have to vote no. Commissioner Spence -Jones: Right. Let me say this. 1 think the reason why we got to that point of even having a workshop or it even being your recommendation is that, you know, we see the smaller companies, the smaller businesses in our cities as viable businesses that we need to support. And I think the reason why we even discussed having the workshop was to really, you know, get your input about your industry, what was going on, so that we could create a process that's at least fair and just across the hoard. So the assumption to ore was -- that's the reason why, in my briefing, 1 assumed that everything went at least well. And to hear that kind of it's still some more work that needs to he done, I'm going to ask Mr. Manager if he's -- you know, it seems as though Commissioner Carollo, which pushed for this whole thing, feels as though we may need a little hit more time to maybe perhaps -- I see your face. I see that look on your face. I know that look. But it's really about these small businesses that are trying to survive and stay alive in our city. So would you he open to go along with Commissioner Carolln's recommendation on this issue? Mr. Martinez: Absolutely. If there were issues that were brought up during the workshop that weren't addressed or reconciled between us and the towing company and we need further dialogue, you know, so he it. Let's reconcile those difference. We may never agree, and of course, we won't agree, hut at least we can reach a middle ground. Commissioner Spence -Jones: Well, let's not go into it -- Commissioner Carollo: Yeah. Commissioner Spence -Jones: -- saying we won't agree. Commissioner Carollo: Right. Commissioner Spence -Jones: Let's go in there thinking positive and 'lying to find a great solution. I know I have a great Manager, and I know he can make it happen. So my recommendation -- Tice Chair Gort: Let me tell you -- Commissioner Spence -Jones: -- is I will support my colleague, Commissioner Carollo, in giving the small businesses the opportunity to fix it and work along with the City to get it right. That's Tice Chair Gort: Okay. Commissioner Spence -Jones: -- I will support him and back him up on that issue. Vice Chair Gort: My understanding -- I'll remove nay motion. I withdraw my motion if the second withdraws the motion. Now my understanding, and 1 want everybody to understand, what they're complaining about is the RFP, not the -- how much we're going to -- it's the RFP, the franchise fee that they don't want to pay. Part of the things that we discussed in here, what are we going to do with those individuals that work within the City of Miami and they don't have the license or they don't have permit with the City of Miami with so called pilot -- or pirates -- Commissioner Suarez: Pirate towing. Vice Chair Gort: -- tow trucks that -- my understanding is, we're working on a transaction to do away with that, but I want you all to understand, what they don't want is a new RFP. Throw City of Miami Page 30 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 away this RFP and begin all over again, is my understanding what they're saving. Mr. Robertson: Commissioner, ifI may. Tice Chair Gort: Yes. Mr. Robertson: I agree with that sentiment entirely, where this is the ordinance to increase rates to what is industry standard in the County right now. The disposition of the RFP procurement is still pending and would come hack to this Commission on second reading. If the Commission desires to reject the RFP, so be it. But I don't think that not increasing the rates to industry standard is in anyone's hest interest. Vice Chair Gort: Look, I understand. That's why I asked them, you want an increase; he says no, so -- Chair Suarez: Go ahead, Commissioner Suarez. Commissioner Suarez: No. I mean, I was going to say the two issues are interrelated, clearly. I mean, because in one issue you're talking about increasing a franchise fee that never existed, and in another -- and you're talking about a nominal increase in rate charges. So you can't say that one is not interrelated with the other. They may he two different processes and they can he voted on independently, but they're interrelated. They relate to the bottom. line of these companies that are trying to survive. So we have to listen to what people are saying. And to the extent that we can reconcile those differences, great. If we can't reconcile those differences -- I know you're going to do your very hest, Mr. Manager, because one of the things you're very good at is you're very good at, you know, negotiating and trying to bring people together and trying to work through conflicts. I've seen you do it on a variety of different occasions and a variety of different issues. Bring -- and it's taken you a lot of time and a lot of personal involvement and we appreciate it because, at the end of the day, we usually get a very good product that we're here voting on in a close to unanimous, if not unanimous, consensus. So, you know, I do think that the issues are related and -- Mr. Martinez: I agree with your analysis that they are interrelated, they're companion items. And what you do on one may affect what we do in the ordinance and we may -- we want to go -- we may want to go above what the County does, depending on how we -- Vice Chair Gort: If they don't have to pay -- Mr. Martinez: -- finish reconciling the RFP. Tice Chair Gort: -- a franchise, fee, they might not need an increase then. Then we might not have to increase, which is fine. Commissioner Suarez: And that's the issue. Chair Sarnoff: It seems like to me it's quid pro quo. What the City wants to do in the RFP is get a guaranteed rate of return. And it seems like what they want is to he able to pass that rate of return on to the consumer or -- actually, it's a forced consumption for most of them. And that's -- that seems to be the rubber meets the road. However, I will make one cautionary tale to everybody up here. Everybody heard this morning and how they're going to put 100 more police officers on the street, and it was like, yes, we're all in favor of that. In the words ofJoe Biden, that's just superfluous language until you budget for it. Vice Chair Gort: Right. Where is it coming from? City of Miami Page 51 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Chair Sarnoff: And the only way you're ever going to budget jar it is to find the revenue sources to do it, and that's all I have to say. So I caution everybody that everybody's got to work together to some degree. You guys have a new franchise fee, then make sure that you can offset that with regard to how much it's going to cost you, if that's inevitably the direction we go. But to all the Commissioners, you got to find revenue to have enough police officers. Otherwise, you're just having hp service. All right, so I think there needs to be a motion to continue with the instruction of a further workshop, and why don't we bring it back in 60 days? Commissioner Carollo: I -- in all fairness, I think we should withdraw this, let them get together and do the workshop, and then bring back legislation or whether we're doing a new RFP or not, or what we're doing. But bringing this back in 60 days, I don't think there's a need. Chair Sarnoff: Commissioner Gort. Vice Chair Gort: Okay. The question is, what they want is eliminate this RFP and come up with a new one. That's my understanding. That's what I'm hearing from. that. Commissioner Carollo: Well, that's what the workshop is for. Maybe that's the solution. Maybe that's the solution, I don't know. But it's -- clearly, passing this, according to the towing companies, is not the solution. Vice Chair Gort: No, no. We're not going to pass this. Commissioner Carollo: Right. Vice Chair Gort: We already -- yes. Commissioner Carollo: So let's just withdraw it and go to a workshop, see what comes of it, and bring it back to Commission. Chair Sarnoff: You know, if7 were a betting man, we'll just he here in about 60 days. All right. You're going to withdraw it, Mr. Manager? Mr. Martinez: Yes, sir. Chair Sarnoff.' Okay. Commissioner Carollo: Do you need --? Todd B. Hannon (City Clerk): Chair, if we could have a motion to withdraw, yes. Chair Sarnoff.' Is there a motion? Commissioner Carollo: Motion to withdraw. Vice Chair Gort: Second. Chair Sarnoff. Sec -- is there a second? Vice Chair Gort: Second. Chair Sarnoff: Second. All -- Any discussion? Hearing no discussion, all in favor, please say aye. The Commission (Collectively): Aye. City of Miami Page 32 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Chair Sarnoff: Okay. Mr. Del Rosal: All right. Thankyou very much, Commissioners, for listening to us. Thankyou. Chair Sarnoff. Thank you. END OF FIRST READING ORDINANCE RESOLUTIONS RE.1 RESOLUTION 13-00115 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A COST REIMBURSEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FEDERAL BUREAU OF INVESTIGATION FOR THE CITY OF MIAMI POLICE DEPARTMENT'S CONTINUED PARTICIPATION ON THE SOUTH FLORIDAVIOLENT/CRIME FUGITIVE TASK FORCE; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY OTHER NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID REIMBURSEMENT FUNDS. 13-00115 Summary Form.pdf 13-00115 MOU - FBI & MPD.pdf 13-00115 Bank Robbery Response Plan.pdf 13-00115 Cost Reimbursement Agrmt. - FBI & MPD .pdf 13-00115 Legislation.pdf 13-00115 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, Sat -not -land Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez R-13-0060 Chair Sarnoff: Let's go through a couple of REs (Resolutions), and then -- Commissioner Spence -Jones: Okay, no problem. Chair Sarnoff: -- we will go over to the Omni and the Midtown CRA (Community Redevelopment Agency). So RE.1. You're recognized for the record. Raul Fernandez: Raul Fernandez, assistant chief, City of Miami Police Department. This is an agreement authorizing the City Manager to execute a cost reimbursement agreement with the FBI (Federal Bureau of Investigations) for the MPD's, Miami Police Department's, continued participation in the South Florida Violent/Crime -- Commissioner Spence -Jones: So move. Assistant Chief Fernandez: -- Fugitive Task Force. City of Miami Page 33 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Chair Sarnoff: We have a motion and we have a second. Any -- hearing any discussion? No discussion. All in favor, please say "aye." The Commission (Collectively): Aye. RE.2 RESOLUTION 13-00116 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE PURPOSE OF GRANTING ACCESS TO CERTAIN CITY -OWNED PROPERTY LOCATED AT 3600 NORTHWEST 7TH AVENUE, MIAMI, FLORIDA (KNOWN AS MOORE PARK), TO PERFORM THE WORK SPECIFIED HEREIN, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 13-00116 Summary Form.pdf 13-00116 Legislation.pdf 13-00116 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: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-13-0061 Chair Sarnoff: All right, RE.2. Henry Torre: Good morning, Commissioners. Henry Torre, director of Public Facilities. RE.2 is a resolution granting a temporary access agreement to FOOT (Florida Department of Transportation) for the property located at 3600 Northwest 7th Avenue, also known as Moore Park. Chair Sarnoff.• Is there a motion? Commissioner Spence -Jones: So move. Just to make sure I'm clear, I just want -- this is just the additional median or what? Mr. Torre: It's a temporary access agreement 'cause they intend to do improvements to the road. Johnny Martinez (City Manager): It's for harmonization. They do the roadwork and then -- the elevation at the hack of the roadway isn't exactly the same -- Commissioner Spence -Jones: But we're not actually giving it to them, right? Mr. Torre: No. Mr. Martinez: No, no. It's just harmonization. Mr. Torre: No rights, just temporary access. Commissioner Spence -Jones: Okay, great. City of Miami Page 34 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Chair Sarnoff: All right. Vice Chair Gort: Second. Commissioner Spence -Jones: Second. Chair Sarnoff: We have a motion by Commissioner Spence -Jones, second by Commissioner Gart. Any discussion? Hearing no discussion -- Commissioner Carolo: RE.1 ? Chair Sarnoff: RE.2. RE.2, FDOT license agreement with Moore Park. Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. RE.3 RESOLUTION 13-00118 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE, WAIVER OF LIABILITY AND COVENANT NOT TO SUE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA POWER AND LIGHT COMPANY TO INSTALL AND MAINTAIN LIGHT -EMITTING DIODE ROADWAY LIGHTING ON ROADWAYS UNDER THE JURISDICTION OF THE CITY OF MIAMI, FLORIDA. 13-00118 Summary Form.pdf 13-00118 Pre -Original Agrmt.pdf 13-00118 Legislation.pdf 13-00118 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sainoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez R-13-0062 Chair Sarnoff. RE.3. Commissioner Spence -Jones: Coconut Grove pilot program, LED (Light Emitting Diode). Nzeribe Ihekwaba: Good morning. Zerry Ihekwaba, Public Works director. RE.3 is a pilot program that is being initiated by Florida Power & Light to replace the existing high-pressure (UNINTELLIGIBLE) streetlights on McDonald Avenue from US I to Grand Avenue. There are about 26 light poles that are being replaced with LED at no cost to the City of Miami. Chair Sarnoft: Is there a motion? Vice Chair Gort: Move it. Chair Sarnoff: We have a motion -- City of Miami Page 35 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 RE.4 12-01075 Department of Public Facilities Commissioner Spence -Jones: Second. Chair Sarnoff -- by Commissioner Gort, second by Commissioner Spence -Jones. Any discussion? Hearing no discussion, all in favor, please say "aye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE NATIONAL JOURNALISTS' ASSOCIATION OF CUBA IN EXILE, INC., A FLORIDA NON-PROFIT CORPORATION ("LICENSEE"), FOR THE USE OF APPROXIMATELY 520.5 SQUARE FEET OF CITY -OWNED PROPERTY LOCATED AT 970 SOUTHWEST 1ST STREET, OFFICES 400-401, MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING OFFICE SPACE FOR THE UNIFICATION OF CUBAN JOURNALISTS LIVING IN EXILE, COMMENCING FROM THE EFFECTIVE DATE, WITH THE LICENSEE TO PAY A MONTHLY USE FEE TO THE CITY OF TWO HUNDRED SIXTY-EIGHT DOLLARS AND 06/100 ($268.06), PLUS STATE OF FLORIDA USE TAX (IF APPLICABLE), WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 12-01075 Summary Form.pdf 12-01075 Short Form - Exempt 2011 Tax Returns.pdf 12-01075 Legislation.pdf 12-01075 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioners) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.5 12-01307 Department of Planning and Zoning Note for the Record: Item RE.4 was deferred to the March 14, 2013 Commission Meeting. RESOLUTION 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 36 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 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 Suarez, 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 RE.6 13-00061 Department of Parks and Recreation Note for the Record: Item RE.5 was deferred to the March 14, 2013 Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A REIMBURSEMENT GRANT AWARD, IN AN AMOUNT NOT TO EXCEED $29,490 FROM THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("DEP") ADMINISTERING FEDERAL FUNDS FROM THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ("NOAA") COOPERATIVE AWARD COASTAL ZONE MANAGEMENT PROGRAM (DEP AGREEMENT NO. CM311) ("GRANT AGREEMENT"), WITH A LOCAL MATCH PROVIDED BY THE CITY OF MIAMI ("CITY") IN THE AMOUNT OF NOT TO EXCEED $29,490 TO THE CITY'S DEPARTMENT OF PARKS AND RECREATION ("DEPARTMENT"); ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "RESTORING COASTAL MIAMI 2012-2013," TO FUND THE DEPARTMENT'S RESTORING COASTAL MIAMI PROJECT ("PROJECT"); ALLOCATING AND APPROPRIATING FUNDS FOR ITS OPERATION AND A LOCAL IN -KIND MATCH FROM THE CITY VALUED AT NOT TO EXCEED $29,490; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO PROVIDE ALL OTHER NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, AND MODIFICATIONS IN ORDER TO IMPLEMENT ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT AGREEMENT FOR THE PROJECT. 13-00061 Summary Form.pdf 13-00061 Email - Work Plan Budget.pdf 13-00061 Legislation.pdf 13-00061 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoffand Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez R-13-0063 Chair Sarnoff: RE.6. City of Miami Page 37 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 RE.7 13-00007 Juan Pascual: Good afternoon. Juan Pascual, director ofCity of Miami Parks & Recreation Department. RE.6 is a resolution accepting a grant from the Florida State Department of Environmental Protection for a project at Virginia Key Beach entitled "Restoring Coastal Miami." It's a reimbursement grant, and it also authorizes the establishment of a special revenue project for those expenses. It's in -kind match that the City is providing through our volunteer group and existing staff. Chair Sarnoff Is there a motion? Vice Chair Gort: Move it. Chair Sarnoff: We have a motion by Commissioner Gort. Commissioner Spence -Jones: Second. Chair Sarnoff • Second by Commissioner Spence -Jones. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), ADDING CAPITAL PROJECTS APPROPRIATIONS TO Program THOSE LISTED IN RESOLUTION NO. 13-0017, ADOPTED JANUARY 10, 2013 AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. 13-00007 Summary Form.pdf 13-00007 Legislation.pdf 13-00007-Exhibit 1-SUB.pdf 13-00007-Submittal-Amendment Language.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez R-13-0064 Chair Sarnoff RE.7. Mark Spanioli: Good morning, Commissioners. Mark Spanioli, director of Capital Improvements. RE. 7 is our standard capital appropriations item. I have a floor amendment to pass out. If you have any questions, I'nahappy to go through it for -- with you. Chair Sarnoff All right. Is there a motion? Vice Chair Gort: Move it. Commissioner Spence -Jones: Second. City of Miami Page 38 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Chair Sarnoff: We have a motion by Commissioner Gort, second by Commissioner Spence -Jones, as amended, correct? Mr. Spanioli: Yes. Vice Chair Gort: Yes. Chair Sarnoff Or as modified. Vice Chair Gort: As amended. Chair Sarnoft Amended, all right. All in favor, please say "aye." The Commission (Collectively): Aye. Mr. Spanioli: Thank you. RE.8 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 Suarez, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.9 RESOLUTION 13-00210 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY Attorney ATTORNEY TO TAKE ANY AND ALL ACTIONS AUTHORIZED IN LAW OR IN EQUITY, NECESSARY OR PERMITTED TO COLLECT ALL UNPAID MONIES DUE TO THE CITY OF MIAMI FROM GROVE KEY MARINA, INC. OR ITS SUCCESSOR -IN -INTEREST. 13-00210 Memo - Office of the City Attorney.pdf 13-00210 Legislation.pdf Motion by Vice Chair Gort, seconded by Chair Sarnoff, that this matter be ADOPTED FAILED by the following vote. City of Miami Page 39 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Votes: Ayes: 2 - Commissioner(s) Gort and Sarnoff Noes: 3 - Commissioner(s) Carollo, Suarez and Spence -Jones Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Noes: 2 - Commissioner(s) Suarez and Spence -Jones Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Noes: 1 - Commissioner(s) Gort Note for the Record: Item RE.9 was deferred to the March 14, 2013 Commission Meeting. Direction by Commissioner Suarez to the City Attorney for a full analysis of the defenses to this action and potential exposure to the City should the City lose the case and be responsible to pay attorneys' fees. Chair Sarnoff • RE.9. Julie O. Bru (City Attorney): Mr. Chair, members of the Commission, this is a request to bring legal action to recover certain monies that are owed from a former tenant. Commissioner Spence -Jones: 1 thought all of us was going to be up here to talk -- Did Francis go to the restroom or something? Chair Sarnoff: I don't know. It's really hard to do this. We just got to get through a meeting. Commissioner Spence -Jones: I know. Chair Sarnoff • I mean, there's nothing left on the agenda other than -- Commissioner Carollo: PZ (Planning & Zoning) and discussion items. Chair Sarnoff: Yeah, PZ and discussion items. And -- Tin calling RE. 9. Anybody want to table it, put it on --? Just say let's table it, but I'm going to bring it up, RE.9. Vice Chair Gort: Bring it up. Chair Sarnoff: Okay. Vice Chair Gort: For discussion. Chair Sarnoff: So, Madam City Attorney, have you said what you wanted to say? Ms. Bru: Yes. I think that I briefed each individual Commissioner. This -- Commissioner Carollo: No. Ms. Bru: I'm sorry. I did not brief Commissioner Carollo, through no fault of his. I was unavailable at the scheduled time and date where we usually brief. But this is an issue where a series of audits that the City has undertaken over the past few years discloses that there has been City of Miami Page 40 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 some miscalculation in certain percentage rent that is owed to the City as a result of certain activities that were undertaken at the property right next to us, Grove Key Marina. And we've got the facts given to us from the personnel in the City who are responsible fbr managing this facility, and it's before you to decide whether or not to seek the recovery of these sums in court. Chair Sarnoff.' All right. Commissioner Carollo: Mr. Chairman. Chair Sarnoff: You're recognized. Commissioner Carollo: Let me see ill understand, Madam City Attorney. The bottom line is, they owe money and we're going to go after them legally for that money, whether it's for taxes, whether it's for fuel, whether -- whatever it is. We're going after everything that the City believes they owe us or they owe another government agency, like the County, for property taxes. The bottom line is that we are going to seek all monies that we believe they owe? Ms. Bru: Okay. Well, there's two separate issues here and I don't want -- Commissioner Carollo: Okay. Ms. Bru: -- the Connnission to be misled or confused. The item that's before you really pertains to a series of audits that were done with respect to the sale of fuels at the boatyard by Grove Key Marina, Inc. There's a dispute between the former tenant and the City as to whether or not the calculations that the City now is saying should have been done were in fact -- is the appropriate way to calculate the percentage due on the sale of fuels. We have made a demand for payment. Payment has not been made, so the next step would he then to seek some sort of judicial determination. It's -- City Attorney doesn't have the authority to do that without the Connnission authorizing it. That's why I'm bringing it to you. The issue of the taxes is a separate issue. That issue is being litigated currently, so I'd rather not get into too many facts on the record. But that issue concerns a dispute between three parties; the tenant, the City, and the tax collector, as to what taxes are due and who is responsible for the payment of those taxes. So that matter is right now being heard hefbre Judge Lopez, and it'll he the judge who determines whether or not taxes are due and to whom they are -- and, from whom they're due. This has to do with the sale ffuel at the property. And -- yeah, that's it. I think that the audits that were done by your independent auditor were provided to the Administration and to the City Commission. The audits detailed the facts and the theory as to why the City believes that the monies are due and, at this point, you know, having failed to have obtained payment by way of a demand, the only course of action left is to hring suit. Chair Sarnoff • All right, we're in adjournment [sic] for ten minutes. Commissioner Spence -Jones: Okay, we'll take a few minutes. Commissioner Carollo: Ten. Commissioner Spence -Jones: Ten minutes. [Later...] Chair Sarnoff: All right, we're hack on the record. RE.9 is before this Commission, and I understand that Commissioner Suarez wanted to speak. Commissioner Suarez: Yes. City of Miami Page 41 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Chair Sarnoff: Grove Key Marina. Commissioner Suarez: What's that? Chair Sarnoff • The Grove Key Marina issue. Commissioner Suarez: I know. Well, I don't know where the other Commissioners are, and I don't know if we're taking a vote on this now or not. Yeah, I have issues with this item. My issues stem from the fact that I met very briefly with the City Attorney on it. I have not gotten a comprehensive analysis of the litigation. 1 got a briefing, and 1 was kind of in a hurry, so, you know, in her defense, she did not -- you know, it wasn't because she -- it wasn't through any lack of diligence on her part. But I'm concerned because this could have exposure to the City of Miami. This is a situation where these purported monies that are being owed are -- had been paid in a certain way to the City for a very long time. So I want a full analysis of the defenses that there could be to this action and the potential exposure to the City if we were to lose the case and get attorney's fees, you know, handed down to us. So that's -- those are my concerns. So I don't know how my colleagues, feel about it, but that's -- those are my concerns. I don't know what everyone else thinks. Chair Sarnof f: All right. Commissioner Spence -Jones. No? Commissioner Spence -Jones: I only had two small points on it. And 1 think we talked about it in my -- in both briefings. The first issue I had -- and concern with was I think that regardless of what we do, we have to do everything from a fairness standpoint. So -- and I know that I had this discussion with Alice. My feeling at the time was, you know, Alice, if we are doing this to Scotty's -- or to Grove Key Marina, my question became, are we doing this across the hoard. Are we now saying, okay, if a person owes in any capacity, are we going after them in the same capacity? And I brought up one or two people that actually do business with the City of Miami, one in which I mentioned about a year or so ago, and I know that Henry has worked on correcting that and putting that in place or making some of the adjustments on it. But still, even on that, there's some resources that are still owed at this point. So my issue and concern about this particular item was, I just want -- I wanted the staff to go after others that do business with the City in the same diligence. And sometimes, I feel like depending on who's pushing the issue, that's the result we get from it. So I'm a little concerned about some of the other individuals that we have revocable license with that owe us that haven't paid us and have done the same exact things, and not until I brought it up or somebody else on the dais brings it up, then we start trying to correct the problem. But even in this instance -- and I know that you've already explained 'cause I asked the question about did we do an audit on the other individuals like we did with this individual. And I understand from my briefing with the City Administration that we are working our way through those additional audits. So my first issue on this was an issue of fairness. I felt like we were going after this particular party, not no way of -- not taking this away from the City Attorney, but I'm speaking generally of the City Administration and us having the same diligence with others that owe us as well, so that was my first concern. Then my second concern was I didn't understand why we were doing it because at the end of the day, if these individuals decide that they want to go after an RFP (Request fOr Proposals) or this particular RFP, you know, my question, for the City Manager at the time then, why is it even necessary to do U. they haven't paid us and they owe us? Then they can't go after RFPs. So what is the purpose of the suit? I mean, I think you should sue them anyway to get the money back; I'm not saying that. But at the end of the day, I mean, I just -- it didn't make any sense to me, like why it was happening. So I think the process is really, if owe the City, just like in CDBG (Community Development Block Grant) and other things that we -- you know, if you owe the City or there's something that's -- you know, that needs to be paid back to the City in any manner, you have to pay before you can play. Commissioner Suarez: Mr. Chair, if I may. City of Miami Page 42 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Chair Sarnof f: You're recognized for the record. Commissioner Suarez: Thank you, and I'm sorry. 1 missed some comments when 1 initially -- I was kind of caught a little hit off guard the first time. Although, thank you for taking the recess for allowing me to come hack here to express -- 'cause this is something that I feel very passionate about because there was an article in the Miami Herald which alluded to the fact that I had something to do with the RFP being modified. And I absolutely did not have anything to do with the RFP being modified to benefit anybody. But in my briefings with the City Attorney, I was told that the Mayor had asked that the RFP be modified in amendment number three to the RFP. And so, from my perspective, what concerns me is I want to know how many years this company has been paying the fee and the current form that it's been paying the fee. For how many consecutive years? I think it's in the 1990's, since like the 1990's or something, if I'm not mistaken. Henry Torre: Henry Tone, director of Public Facilities. Commissioner, nay understanding is they've paid -- the dispute is a percentage amount. Commissioner Suarez: Right. How long have they been paying the percentage that they're currently paying? I think it's a -- Mr. Torre: Well, right now, Commissioner, they are on a revocable license agreement. The actual lease expired in 2012. This amount that is being disputed is during their lease period. Commissioner Suarez: Right. Mr. Torre: They were paying that amount for several years, over a decade. Commissioner Suarez: How many? Mr. Torre: Over a decade. Commissioner Suarez: How many, more or less? Mr. Torre: Over 20 years, I believe. Vice Chair Gort: Over 15 -- Commissioner Suarez: Over 20 years. Vice Chair Gort: -- 20 years. Commissioner Suarez: So all of a sudden, there's an RFP and this issue, all of a sudden, comes up out of nowhere. And all of a sudden, there's a claim that I had something to do with amending an RFP -- which I had absolutely nothing to do with -- and yet, there are other political actors in this government that are directing the Administration to amend the RFP to discuss issues such as this. So I took it as a personal o fense, from my perspective. And you know, that's why, for me, I just -- it just -- this whole thing seems very politically motivated. You know, all of a sudden, we're in the midst of an RFP, this 20-year-old debt -- supposed debt materializes from nowhere, and then other actors in this government are asking the Administration to modi fv an RFP -- and by the way, that's -- it was told to me by the City Attorney and other members in my office -- and there's like four witnesses to that -- and a copy of an RFP was given to me of an amendment to the RFP. So, you know, it bothers me that someone would question my integrity by saying, you know, in an article that I had something to do with the modification of an RFP that I had absolutely nothing to do with. When I briefed with City of Miami Page 43 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 the Administration about the RFP, it had completely to do with the criteria for selection and things that were brought up when we initially dealt with the RFP, and it was thrown out for a variety of problems that we had with the RFP process. And all of the comments that made in that briefing had to do directly with the comments that 1 made in public on the RFP process that was thrown out. So it just -- this whole thing kind of like smells had to me. And at the very minimum, without a comprehensive analysis from the City Attorney on this litigation, I feel that the City could actually be exposed on it. So I don't feel comfortable moving forward at this particular moment. I don't know how nay colleagues feel about it, but Pm willing to listen. Chair Sarnaff: All right, Commissioner Spence -Jones. Commissioner Spence -Jones: Let me -- see, u'e never really have an opportunity to have a discussion like -- this is our only opportunity to say that -- you know, to have -- to talk about these issues. And it's funny because I know that the Manager knows, even in my meeting and briefing with him, and even -- I think even with the City Attornev's, the first thing that came to me was like this doesn't even smell right. Something doesn't smell good about this. And my initial thought was, Well, wait a minute. You know, like I mentioned earlier, are we doing this with everyone else? And you know, then it -- we started hearing the various different reasons why not. And the same exact thing -- well, we haven't had a discussion 'cause we can't talk. The same exact feeling -- and Julie can -- will say this, and I'm sure the Manager will say that lfelt from just the original briefing -- I said, Now, there's a different kind of motivation attached to this 'cause this doesn't make any sense. It makes no sense. So that means we have to have -- I would like to know everybody that awes -- 'cause we should he able to know that -- and what is our plan to sue all of them. Mr. Torre: Commissioner, I can answer, actually, a couple of points. The amount that came out that they were delinquent in the amount of $300,000 came as a result of an audit performed by the independent auditor who reports directly to this Commission, so that's where that amount came from. In addition, to answer your concerns, Commissioner, in October of last year, my office made a request to the auditor general's office to audit five tenants where we felt was the highest exposure to the City, which is Bayside, Rickenbacker Marina, Grove Harbor. We are going to continue that process. Those audits have not started as of ,vet, as of today, so yes, we do intend to, obviously, vigorously pursue all monies that are owed. And as an example, just so you know, Commissioner, alone in our marinas over the last little over a year, we've been able to lower the revolving delinquency balance aver 5 percent, which is a savings of over $400, 000. So we are vigorously pursuing everybody who owes us money. Commissioner Spence -Jones: Right. And Henry, again, I'm not taking any way from -- anything away from staff. You know, ifI bring up an issue and -- any of us bring up an issue, you guys are on top of it and you get to the bottom of i1. I think this -- for me -- and now I'm hearing my fellow colleague -- this just, felt like there was a different motivation behind it. And Ion saying that even if we don't -- we haven't done audits on the other five or ten that owe, we know they owe. So, quite frankly, if I know you owe something, you know, and you have a revocable license, you know, then why am I continuing to do business with you? Mr. Torre: Commissioner, let me clarify something. Commissioner Spence -Jones: I'm just using that -- Mr. Torre: Yeah. Commissioner Spence -Jones: -- only as an -- Mr. Torre: I think I can clam -- City of Miami Page 44 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Commissioner Spence -Jones: -- example -- Mr. Torre: Okay. Commissioner Spence -Jones: -- you knoi-r,for the other projects or other licenses that we have. And I don't want to bring up the company 'cause it seems like I'm picking on them always, but I just kind ofet like, you know, even this issue with Bayside Hut, you know, we're going hack and forth on Bayside Hut, and I know for a fact that they've made a lot of money there. Mr. Torre: That they make a lot of money? Commissioner Spence -Jones: They have made more money there than they have said they made money and in some instances, have not paid us so -- but we continue with the license for them -- with them, and that's fine. But my point is, don't do -- what's good for the goose, got to he good for the gander. Mr. Torre: Commissioner, again, in regards to Bayside Hut, they are on a payment plan, so they are paying that amount down. Commissioner Spence -Jones: But -- Mr. Torre: I've had conversations with them. within the last week to try to make additional payments on that. And I just want to reiterate that -- and stress to you that, again, we're actively going after everyone. And the point of these internal audits as well is because a lot of these tenants do report sales to us 'cause it is the job -- and the internal auditor's office is the best way to go about checking and verifying their sales, which is a key component in the revenue of a lot of these deals. It's the percentage that the City gets of their sales. Commissioner Spence -Jones: Right, but -- Mr. Torre: So, again, we -- Commissioner Spence -Jones: -- Henry, I just want to say this. I don't want you to take this personal because I'm not making it about you. Mr. Torre: Right. Commissioner Spence -Jones: And I know that fir the most part, you take direction from leadership, you do. And that's -- and on all levels, our level, the City Manager's level, whatever levels, you know. But An just telling you what does not look right or smell right or feel right or motivation is not right, you know, that's what -- We never have a chance to talk, so this -- if I'm saying the same thing he's saying, then there's got to be a problem with how this is being handled. And then beyond all of this, I understand why -- I mean, Julie's job is -- if somebody owes us, to go after them for us to get the -- so Julie's doing her job. My point is, I just want to see this job happening -- the same thing happening on all levels for us identifying other people that owe us as well, not just because there's a greater process attached to RE.9. Mr. Torre: Right. Commissioner Spence -Jones: That's the issue and concern that I have, and at the -- Mr. Torre: Commissioner, again, 1 want to stress for you that is our intent as well. Again, we've submitted requests for five tenants that we feel have great exposure in regards to possible sales revenue to the City, and we're waiting on the City -- the auditor general's office -- City of Miami Page 45 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Chair Sarnoff: When did you make that request? Commissioner Spence -Jones: Yeah. Mr. Torre: October 12 last year. Chair Sarnoff: Why is the auditor --? The auditor general works for us. Mr. Terre: Correct. Chair Sarnoff • Why -- matter of fact, is he here? Is the auditor general here? 'Cause if he can be brought here before the end of this Commission, I want to know why he doesn't think he needs to audit as soon as he's requested the five biggest exposures to the City. Vice Chair Gort: That n'as my (UNINTELLIGIBLE). Commissioner Suarez: Mr. Chair; if I may. Mr. Chairman, if I may, just to kind of dovetail on i-vhat you just said. Chair Sarnoff: Go ahead. Commissioner Suarez: 1 think also we, as a Commission, should be it of whatever audits are being done on our behalf. I mean, if -- Chair Sarnoff: I sort of agree and I also don't agree with that, but -- Commissioner Suarez: Okay, hut then who --? Okay, that's fine. Then I don't have a problem with that. But who is deciding what audits are done of whom so that it doesn't become political? Chair Sarnoff. But I think it's simple. The five biggest property payers to the City of Miami should he audited at least every three years. Commissioner Suarez: Oh, I agree. Oh, at least. Vice Chair Gort: Every year. Chair Sarnoff: And maybe he would say every year. I don't know what -- Vice Chair Gort: Every year. Chair Sarnoff • -- the standard is. Commissioner Suarez: It may be worthwhile -- Vice Chair Gort: Every year. Commissioner Suarez: -- to do it every year. Chair Sarnoff: Okay. Commissioner Suarez: Yeah. Chair Sarnoff • But my point is, the Administration -- I remember this conversation. We had this conversation six or nine months ago because everybody said, Mr. Manager, we want to make sure we're getting paid by everyone. If the auditor general was requested by the director of City of Miami Page 46 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Public Facilities -- Commissioner Spence -Jones: Facilities. Mr. Torre: Facilities. Chair Sarnoff: Just want to make sure I got your new title right. Mr. Torre: And Asset Management. Chair Sarnoff • Asset Management -- there you go. I knew I got it wrong. Asset Management, and he says, gosh, I'd love to get to that, but I have five other kindergartens to audit first. That's not what I want to hear, you know. I want to hear that the people who potentially could owe the City of Miami the most are being audited, whatever the outcome is. The only reason I don't suggest I want to know about it -- I really don't want to know, by the way. I don't want to know who you're auditing. 1 don't want to see the draft of your audit. 1 want to see the final product ten minutes after the Miami Herald sees it. Commissioner Suarez: Ten minutes after? Ten minutes before. Chair Sarnoff: I want Kathleen McCrory to call me and say, Do you know --? Commissioner Suarez: Mr. Chair; if I may. Vice Chair Gort: We want the benefit (UNINTELLIGIBLE) -- Commissioner Suarez: I just got to say that in this particular case of this particular item, RE -- what is it, RE.9? -- the issue is not whether or not the lessee is underreporting and we're collecting it and underreporting. This is an issue of whether they were applying the correct model. And the City had been accepting their model for 20 years. All of a sudden now, we have an RFP, and the Cit_v's saying, no, no, no. We have a different model. And so that, to roe, is what the made the whole thing -- Commissioner Spence -Jones: Shady. Commissioner Suarez: -- fishy. Commissioner Spence -Jones: Shady. Commissioner Suarez: You know what 1 mean? Like it's not that they're saying -- they're not -- that we're auditing them and they have been lying to us about what kind of their revenue is. What they're saying is, you've been applying one formula, and now after 20 years of us accepting your payments on that one formula, now we're saying, no, no, no, no. You should have been doing it a different way, which, by the way, may he correct and may be ajusticiable issue, but you know, I think we need a little hit more analysis hefore we can get there and -- Chair Sarnoff • And you know what, Commissioner, all I could tell you is -- and maybe 'cause I'm a lawyer and maybe 'cause I'm a litigator, maybe 'cause I like Julie. I spend a lot of time with the city attorneys -- Commissioner Suarez: I do, too. Chair Sarnoff • -- and I spend an hour and a half or- two hours hack and forth on -- and I'm not going to talk about what we talked about. We looked at law. We looked at facts. We looked at every possible scenario we could. I then had the -- I met with the attorney for the Grove Key City of Miami Page 47 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Marina. I gave him a half an hour of my time. I'm briefed. Commissioner Spence -Jones: Yeah. Chair Sarnoff • I mean, I know what the right thing to do here is. Somebody says there's exposure to the City. I've got news for you, there's exposure to Grove Key Marina because there's a prevailing party attorney's fee under 57-105(h). He's got the same exposure. So you want to know what? We're all starting from the same jumping point. I -- anybody that owes the City of Miami, he nn notice: Ynu should he sued. Ynu simply should he sued. Because if this City is ever going to have 100 police officers every year -- Tice Chair Gort: We need to collect all. Chair Sarnof f: -- we need to be paid. Commissioner Spence -Jones: Right. And can 1 just ask this one quick question, Mr. Chairman? If Henry can respond to it. Henry, you said there were five audits, right? You took the highest -- Mr. Torre: The ones that I felt, Commissioner, that we had the highest exposure. Commissioner Spence -Jones: Okay, and then we got the audits hack nn all five? Mr. Torre: No, Commissioner. We requested the audits. The audits, I was told, haven't -- will he starting shortly. Commissioner Spence -Jones: Okay, so the five that we requested were? Mr. Torre: Rickenbacker Marina, Rusty Pelican, Grove Harbor, Lolita's Restaurant, and Bayside. Commissioner Spence -Jones: Okay, so where do -- where was Grove Key Marina's? Mr. Terre: Grove Key Marina's was an audit that started prior to that; started, I helieve, over a year ago. 1 was not with the City when it started, Commissioner. 1 can't tell you when the auditor started that audit. Commissioner Spence -Jones: That answers my question. Chair Sarnnf All right. Anybody else wishing to he heard? Mayor Tomas Regalado: Can I --? Chair Sarnoff: Yes, sir, Mr. Mayor. You're recognized for the record. Mayor Regalado: Thank you, Mr. Chairman. First of all, I do agree with you, anybody who owes money should be sue. But 1 just want to correct the record. Commissioner Suarez said that I was part of the amendment of the RFP. What I did and work with the City Attorney is to precisely try to protect the interest of the City of Miami. We discuss for several week -- I think it was this process of more than a month when the RFP process was not even finished, that there was a need to protect the City, but we should not exclude anybody. And that's the part that is important. But anybody who owes money has to do something. And I would ask the City Attorney -- because she wrote the final product; we just gave an idea. I would ask the City Attorney to sort of place on the record what this means. It wasn't to amend the RFP. It's just to include something where nobody was excluded, but at the same time, the City was protected, in this RFP or in any future RFP. And this was very important. So Madam City Attorney, if -- City of Miami Page 48 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Ms. Bru: Mr. Mayor, you're right. Over the past month, we've been corresponding back and forth. Pursuant to your request that we make sure that during the RFP process, if there's any entity, individual, any party that owes the City money, your request was to protect the City, from continuing to do business in the future with an entity that somehow failed to per form under a contract. What we tried to do was reconcile what you wanted to express as a form of policy with what we believed was a legal requirement not to exclude anybody who might have a dispute with the City 'cause we may say you owe us the money, and they, in good faith, may say, no, I don't. And we wouldn't want to unnecessarily exclude a perspective bidder from participating simply because we're demanding payment on something that hasn't been judicially determined. So we did the hest we could to provide language, which your Administration has, that would require an addendum to the RFP, if it is ultimately decided that that's the way you want to go, which would try to balance both interests, the interest of the City in not continuing to do business with somebody that jqils to perform in the past, but the interest of anybody who wants to hid on a future contract not to he excluded simply because there's a claim which hasn't been adjudicated. Chair Sarnoff • Madam City Attorney, J think the interpretation everybody should hear of this is everybody's entitled to their day in court. Ms. Bru: Yes. Chair Sarnoff: And in that day in court -- but you can't just sit there and say, 1 owe you money; no, I don't. Yes, you do; no, I don't. Ms. Bru: Right. Chair Sarnoff: You should have to go to a court of competent jurisdiction, and you should have to file a dec. (declaratory) action with the court and have an impartial person, whether it's a jury or whether it's a judge, make a determination; City's right, City's wrong; vendee's right, vendor is wrong. So, you know, if we vote for this today, I want to make sure that nobody is precluded from exercising their day in court, but they have to go to court. I don't want people just saying, I'm right. You just don't get to do that. You have to take action. You've got to resolve the controversy. Ms. Bru: Right. Or alternative, we go to court. But you're right, and we are amending the -- if it goes forward -- this is -- the Administration will decide from a business perspective, with the guidance of the Commission who sets policy, if they want to amend the RFP. But if this goes forward the way that we've proposed it, it would allow for a prospective bidder to have their day in court. It will require them to seek -- expeditiously seek that day in court, and it will require them to escrow the funds that are being disputed so that the City has assurances that there will be a source of recovery if we prevail. Obviously, there's a risk to the City. There's a prevailing party's attorney's fee provision. And again, this doesn't concern just this one entity -- Vice Chair Gorr': All of them. Ms. Bru: -- because this could very well be the case in any other person that wants to bid, anybody else that's been doing business with the City that wants to bid where there potentially is a claim against them. Chair Sarnof f: All right. Mr. Torre: Commissioners, if l could clarify one thing as well, one last thing. And -- Chair Sarnoff: I want to get to a vote. City of Miami Page 49 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Mr. Torre: May I have just one minute. Grove Key Marina, their license expired last June. In the new revocable license agreement, we did negotiate additional considerations, which includes they're now paying the percentage rent fbr the fuel that our auditor's office interpreted what they should have been paying previously. Chair Sarnoff.' Okay. Mr. Torre: Thank you. Chair Sarnoff: All right. Commissioner Spence -Jones: I just want tojust make one little statement. I just want clarity from my City Attorney so that I'm on the same page before I take a vote. So, Julie, just so that I'na clear, so if they pay or if they -- let's say they put their money in escrow, they will not he excluded? Vice Chair Gort: No. Ms. Bru: Any individual or legal entity that currently is either in default or is in litigation where there's a dispute about monies owed will be allowed to continue to participate in the process if they escrow the disputed funds. Commissioner Spence -Jones: Right. But what I'm saying is, Julie, it seems as though this is being created -- and I just want to -- I could be wrong. That's why I want you tojust clear it up for me. It just seems like this is being created or we're doing this so that they have the opportunity to participate in the process because right now if anybody owes the City, regardless of whether or not they dispute it or not -- that's what I want to he clear -- they have to settle the debt or whatever the case may be before they could apply, correct? Ms. Bru: You know, I have to defer to Henry or Alice to see -- currently existing, the language that's in the RFP, does it absolutely preclude anyone from participating if -- just based on a demand that money's owed? Commissioner Spence -Jones: Well, I'm not even talking about that RFP. I'm just saying, anybody that's doing business with the City of Miami, if you owe money on any level and you're -- you want to reapply, don't you have to clear -- I thought it was you had to clear the debt anyway. Ms. Bru: Commissioner, right now, the way that the RFP was issued, in fact, is more onerous than what we would be proposing because right now, simply the City said in the RFP that if any proposer, individual, legal entity, member of that proposing team, was in arrears for any debt or obligation. So it could simply he the City saying, you owe me money, and I'm going to exclude you. However, we believe that it's a better way, a more clear, less ambiguous, less fraught with peril for purposes of later on having hid disputes and all that, to allow an entity to proceed with a hid, hut let's escrow the funds. That's what we've advised. Chair Sarnoff • And seek a declaratory judgment -- Ms. Bru: Yes, right. Chair Sarnoff: -- in a court of competent jurisdiction. Ms. Bru: Right, correct. Chair Sarnoff: You have to give the people their opportunity to have their day in court. All City efMiam,i Page 50 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 right, let's -- Commissioner Spence -Jones: That's what -- so that's what you feel is the hig issue. It's allowing them to have the opportunity to dispute it? Is that what you're saying? Chair Sarnoff. I think everybody gets their day in court. Commissioner Spence -Jones: right. Chair Sarnoff: And -- Commissioner Spence -Jones: Well, you know I know what that means. Vice Chair Gort: (UNINTELLIGIBLE). Chair Sarnoff: No, no. And 1-- well, obviously. And you know, being a lawyer, I feel pretty proud for you. So you know, everybody gets their day in court, but let's he candid. On the first RFP in this one, they did escrow the money that was in dispute. So we know they did it once before. This is about a City Attorney saying to us, look, we think, in good faith, they owe us this money. It's a dispute. That's -- and in America, we don't go into the streets and fight it out. We go into a courtroom. And with legally admissible evidence, we determine who's right and who's wrong. And inevitably, it does come down to a winner and a loser, if you want to go to that very end. It could he that they decide to settle the case. It could be that he comes up with a number and says, you know what, we're both a little bit right; we're both a little bit wrong. Let's split the difference. In which case, the City Attorney would then bring a settlement back to this Commission, and we would say there's no longer a dispute. But I think they have their right to go forward with the RFP -- I mean, I won't pass this resolution unless it's understood that an amendment be made to this existing RFP that says they have the right to seek a declaratory judgment in a court of competent jurisdiction and do as they did before, which is -- and also put the amount in dispute in escrow. Ijust think -- Commissioner Suarez: It already exists. Chair Sarnoff: -- 1 think that's how business would do business. 1 think we should do it that way. Commissioner Spence -Jones: Commissioner Carollo hasn't said anything. Commissioner Carollo, I mean, 1 would like to know what's in your head. Commissioner Carollo: Well, I'm listening to all the legal minds' deep words, and after all the legal minds hash it out, then I'll speak (UNINTELLIGIBLE) -- Commissioner Spence -Jones: Well, he's about to take a vote, so that's why I want to -- he wants us to take a vote, but I want to hear from you first. Chair Sarnoff: Go ahead. Commissioner Spence -Jones: I want to hear from the money mind. Commissioner Carollo: Well, I think the issue is that, from what Commissioner Suarez says is, he wants -- and I believe Scotty's to he able to also bid on the RFP or be able to bid in the RFP. And saying that they owe us money means that they cannot hid. So if we go after them legally, Commissioner -- or Chairman Sarnoff wants to make sure that they could put the money in an escrow account so they could still hid. Is that correct? Commissioner Spence -Jones: Is that (UNINTELLIGIBLE) --? City efMiarni Page 51 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Chair Sarnoff: And I would also do an ore terms motion -- one of you would do it -- to also amend the existing RFP -- Commissioner Carollo: Layman's term. Chair Sarnoff: -- so I'd just make an oral motion that -- ask one of you to say that we amend the RFP so that any person who has a dispute with the City can seek a declaratory judgment in a competent -- a court of competent jurisdiction, deposit the amount in dispute in escrow and shall not be precluded from participating in the RFP. Vice Chair Gort: Move it. Ms. Bru: And Mr. Chair, can I just make a suggestion? Let's just -- I would amend your proposed amendment to say seek judicial determination as opposed to naming the cause n_f action, to make it a little bit broader. Chair Sarnoff.' You're right, you're right, you're right. Ms. Brit: Thank you. Chair Sarnoff: l apologize. Ms. Bru: Thank you. Chair Sarnoff: All right. Let's call the question. Commissioner Carollo: You don't have a second. Todd B. Hannon (City Clerk): Excuse me, Chair. Just for the public record, the motion that you just made is something that we're going to capture as a motion so we can take a vote on that motion that's going to, you know, direct that the RFP he amended, but then there's going to be a separate vote on RE. 9. Madam City Attorney, is that correct? Ms. Bru: You know, the issue of what goes in the RFP, the Commission can express as a matter of policy through a motion and direct the Manager to incorporate that into any kind of addendum that is issued. So they could do a motion directing the Administration to make sure that that concept is incorporated; doesn't have to be a resolution. It's just a directive to the Administration if there's concurrence nn the part of the Commission as a matter ofpolicy. Chair Sarnoff • So let's vote on the resolution with the understanding that there'll be a directive i-vith the language that the City Attorney has corrected me on. Commissioner Suarez: Mr. Chair. Chair Sarnoff: You're recognized. Commissioner Suarez: I can see I'm probably going to be the only dissenting vote here on this one, but I think -- Commissioner Spence -Jones: Not really. Commissioner Carollo: Yeah. Commissioner Suarez: --from my perspective, it's simply just the way that this all came out and City efMiami Page 52 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 the timing of it all. It has nothing to do with wanting to collect the money. We should always collect money from anyone who owes the City of Miami money. There's no doubt about it. And in terms of having the requisite number of police officers, I couldn't agree with you more. I'm the first one with you on that argument. 1 think it's going to take a lot of money to do that, and 1 think it's going to take a lot of tough decisions to get there. I just -- for- me, just the way this all came out, the timing of it all, to me, was just -- it's a little bit too much for me to digest. Chair Sarnoff: Okay. All right. All in favor, please say "aye." Commissioner Spence -Jones: No. Commissioner Suarez: No. Vice Chair Gort: Aye. Chair Sarnoff: Aye. Commissioner Carollo: No. Chair Sarnoff: So 3-2, right? Three -two. All right, 3-2 against. You didn't need to say anything. See that? Out of the jaws -- You know what the judge would tell me, Sarnoff,' don't say anything. Do not snatch victoryfrom om the -- Commissioner Suarez: Jaws of defeat. Chair Sarnoff: Right, jaws of defeat, right. All right, next -- Mr. Hannon: The motion fails. Commissioner Carollo: Mr. Chairman. Mr. Hannon: Yes, sir. Commissioner Carollo: Are we voting on your amendment or on this motion? Chair Sarnoff.' No. We voted on RE.9, and RE.9 was voted down, 3/2. Commissioner Carollo: Okay. And my question is, RE.9 as it stands -- okay, RE.9 as it stands, if we vote yes, can they hid for the RFP? Chair Sarnoff • With the directive, yes. Vice Chair Gort: Yes. Commissioner Carollo: So they could still hid for the RFP? Chair Sarnoff • With the directive, yes. Commissioner Carollo: Let's go back. With a directive. With your amendment. Without the amendment, they cannot have bid for the RFP. Chair Sarnoff: No. The City Attorney corrected me and said do not do a resolution; do a strong directive to the Manager to amend the RFP. So what I said was, the resolution would be understood that we would also, right after we voted -- if it was voted in the favor of it, to give a directive to the Manager to amend the RFP that would allow them to hid. City nfMiami Page 53 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Commissioner Carollo: So if we pass this resolution as is, they will not be allowed to bid? Chair Sarnoff: If you pass this resolution without a directive, they would not be able to bid. Commissioner Spence -Jones: But, Mr. Chairman, I mean, they could bid; they just got to pay the money -- Chair Sarnoff: No, no, no. Commissioner Spence -Jones: -- or put something in escrow, right? Chair Sarnoff: If the resolution passed, there would have been a directive made to allow them to bid on the RFP. Mayor Regalado: And, Mr. Chairman, if I may. 1 mean, the -- your amendment has already been written by the City Attorney but not issued, so you could direct the Administration. If you want to -- if you don't want to go to litigation, that's a separate thing. But we still -- I believe we still need to protect the City on this and future. And it would allow everyone, even if they're in litigation with the City, to bid, provided that they place that amount in escrow. So you can direct the Administration to do the amendment, which is written, and you formulated the policy, and I guess everybody agree because -- Chair Sarnoff: But what -- Mayor Regalado: -- everybody doesn't want to exclude anybody but wants to protect the City's interest hut -- Chair Sarnoff • Isn't what you're sort of recommending, Mr. Mayor, either he a -- it would certainly he a resolution for all RFPs or it would be an -- Mayor Regalado: Exactly. Chair Sarnoff: -- or an ordinance for all RFPs. And instead of writing itfrom the dais, as we say, we can always bring it back and everybody could look at it and study it -- Mayor Regalado: But what you need now for this current RFP is just a directive to the Manager saying, you know, any -- nobody can he excluded from bidding, but if there is a party that owes money, that party has to place the money in escrow -- Chair Sarnoff • Isn't -- but Mr. Mayor, I mean -- Commissioner Suarez: Doesn't make sense. Chair Sarnoff: -- and to the City Attorney -- wait, wait, wait. Commissioner Suarez: Doesn't make sense. Chair Sarnoff: Isn't the fact that this loss to vote an indication that as a matter of law, this Commission doesn't think it's owed money? Vice Chair Gort: Yes. Chair Sarnoff: So they can bid. City efMiam,i Page 54 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Commissioner Carollo: And Mr. Chairman, Mr. Chairman. Commissioner Suarez: Not necessarily. Chair Sarnoff • I would interpret it that way. Commissioner Suarez: No -- Commissioner Carollo: And Mr. Chairman. Commissioner Suarez: -- not necessarily. Commissioner Carollo: Mr. Chairman. Commissioner Suarez: Just not giving the City Attorney authority to go forward right now. Commissioner Carollo: As you know, from the very beginning I said that I didn't have complete briefing with the City Attorney. And as a matter of fact, I would like to contact our auditor general or internal auditor and speak about this. So, realistically, whenever push comes to shove, I vote no on an item that, you know, I'm not exactly certain with. However, I do believe in what you're saying, that whoever owes the City money, we should go after them. Commissioner Suarez: Of course. Commissioner Spence -Jones: Yes. Actually -- Commissioner Carollo: Sn -- Commissioner Suarez: Of course. Commissioner Carollo: -- in all fairness, I may even consider making a motion to reconsider until I speak to the auditor general, I speak to my City Attorney, and then, you know, make a proffer. Because it seems to me that we're going hack and forth. The Mayor comes now with some suggestions. It seems like we're in favor of it, we're not. You know, are we interpreting this vote as this or as that. So the bottom line is, I want to make a motion to reconsider- RE.9. Chair Sarnoff: All right. Is there a second? Vice Chair Gort: Second. Chair Sarnoff • You were -- I don't think you can because -- Commissioner Carollo: No. That's the County. Yes, we can. And -- Chair Sarnoff You can? A person who is (UNINTELLIGIBLE). Commissioner Carollo: Absolutely, absolutely. Chair Sarnoff: Yes? Commissioner Carollo: Because I've been in that situation -- Chair Sarnoff • Okay. Commissioner Carollo: -- where 1 voted no, and yes, we can. City efMiam,i Page 55 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Chair Sarnof f: We don't operate under Mason's rules? Mr. Hannon: That is in Mason's, yes, sir. Even if you're not an the prevailing side, a motion to reconsider can be made. Commissioner Carollo: Yep. Chair Sarnoff: Okay, so we have a motion. We have a second. Any discussion? All in favor, please say aye." Commissioner Carollo: Aye. Commissioner Suarez: No. Chair Sarnoff: Aye. Commissioner Spence -Jones: No. Chair Sarnof f: The motion to reconsider carries, 3-2. Vice Chair Gort: It passes. Commissioner Carollo: Three -two. And -- Commissioner Suarez: Oh, it's a motion to reconsider. My apologies. Commissioner Carollo: -- 1 asked for it -- Commissioner Suarez: 1 don't mind reconsidering it. Commissioner Carollo: -- to be tabled at least, you know -- sometimes, I could speak to the -- Chair Sarnoff: Motion.for -- Commissioner Carollo: -- internal auditor and -- Chair Sarnoff: -- continuance for -- Commissioner Suarez: You don't have to -- Chair Sarnoff. -- 30 days? Commissioner Carollo: No, no, no, no, no. Commissioner Spence -Jones: No. Commissioner Carollo: I'm not saying (UNINTELLIGIBLE). Chair Sarnoff: Oh, for today? Commissioner Carollo: Yeah. Vice Chair Gort: Yes. City efMiarni Page 56 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Commissioner Spence -Jones: Today? Chair Sarnof: Okay. Tice Chair Gort: Yes. Commissioner Carollo: Unless you don't want to, but -- Chair Sarnof: No. Commissioner Carollo: -- I say we -- Chair Sarnof: Ijust hope we have time. I'm hoping -- Commissioner Carollo: Yeah, absolutely -- Chair Sarnaff • All right. We'll -- Commissioner Carollo: -- you know. Chair Sarnof: -- table -- Commissioner Carollo: But I want to be able to speak to the auditor general, our internal auditor, and I want to be -- Commissioner Spence -Jones: I mean, is this something -- Commissioner Carollo: -- able to speak to my City Attorney. Commissioner Spence -Jones: -- that has to be voted on today? Commissioner Carollo: No. Commissioner Spence -Jones: 1 mean, why can't it just come for the next meeting? That gives everybody more time to digest it. Commissioner Suarez: Of course it can. Commissioner Carollo: I don't have a prohlern with that. Commissioner Spence -Jones: Okay, let's do that. Chair Sarnof: All right, let's do a motion for continuance to the next meeting. Is there a motion? Commissioner Spence -Jones: Okay, great. Commissioner Suarez: Second. Chair Sarnof: We have a motion by Commissioner Carollo, second by Commissioner Suarez. All in favor, please say aye." Commissioner Suarez: Aye. Commissioner Carollo: Ave. City efMiami Page 57 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Commissioner Spence -Jones: Ave. Chair Sarnoff: Aye. Vice Chair Gort: No. Chair Sarnoff: All right. Commissioner Spence -Jones: One no. RE.10 RESOLUTION 13-00224 District 4- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner ATTACHMENT(S), URGING PRESIDENT BARACK OBAMAAND THE 113TH Francis Suarez CONGRESS OF THE UNITED STATES TO ENACT COMPREHENSIVE IMMIGRATION REFORM IN ACCORDANCE WITH THE FIVE PRINCIPLES EMBRACED BY THE PARTNERSHIP FORA NEW AMERICAN ECONOMY; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. 13-00224 Legislation.pdf 13-00224 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnotfand Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-13-0070 Chair Sarnaff: All right, we have PZ -- Commissioner Suarez: Mr. Chair. Chair Sarnoff: -- 4. Yes. Oh, I'm sorry. You're right. You have a time certain. Commissioner Suarez: It's okay. Chair Sarnoff: You do. I apologize. Commissioner Suarez: Thank you, Mr. Chair. And I apologize to the -- Chair Sarnaff: RE.10. Commissioner Suarez: -- very deserving members -- attorneys who are waiting in the audience. I appreciate your indulgence, Mr. Chair. I'm here on RE -- Chair Sarnoff: 10. Commissioner Suarez: -- 10, which is a resolution that mirrors a resolution passed by the County Commission unanimously, and it's also being brought to the State Legislature, which, in essence, adopts the policy of partnership fora new American economy, which is a bipartisan effort to promote immigration reform. And it is an effort that has been adopted by a variety of City efMiami Page 58 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 different mayors across the country from both parties, also Rupert Murdoch from Fox, Bob Iger from Disney, and Steven [sic] Ballmer from Microsoft. And it's [sic] basically incorporates five very basic and common sense principles to immigration reform and it mirrors the Comprehensive Immigration Reform bill that passed the Senate and, failed in the House. And they include, number one, attracting and retaining the world's top innovators and entrepreneurs, including granting visas to scientists, technology graduates, engineers, mathematicians; number two, recruiting talented workers needed to fill gaps in high- and low -skilled sectors of the economy. Believe it or not, with all the unemployment we have, there's 3.5 million jobs in the United States that are unfilled. Number three, bringing the estimated 11 million undocumented immigrants into the legal economy so that they can pay taxes, attain better education, and contribute more to the US. (United States) economy. I think both parties have come to the realization that they're -- these undocumented workers are here. They're here to stay. There's no real means to get them physically to leave the United States, so we might as well take advantage of the fact that they're here and convert them into tax paying members of this community. Number four, developing a state-of-the-art system to ensure immigration laws are enforced and obeyed by monitoring who is in our country after they cross the border, as well as who leaves the United States, and ensuring that workplaces obey the laws and only hire legal workers. And finally, ensuring that the immigration system's easy to understand, easy to navigate, and easy to implement by ensuring that tourists and employment visa applicants interact with no more than one agency, employers who have successfully hired foreign workers in the past be provided a fast -track to processing rather than having to prove their eligibility each and every time. And one of the things that we've also talked about as a government is our EB-5 (Employment -Based 5th Category) program. We've been several years talking about it; we've spent money on, I believe members of the Administration, and I haven't seen a concrete plan to actually implement it. I think it's something worthwhile. It's -- it obviously encourages foreign investors to invest a million dollars into some -- a minimum of million dollars and create a certain amount of jobs and get an automatic immigration status. So I have some members of the community that are here to speak in favor of this item. and I'd like to call them up. I think School Board member Curbelo is here and in, favor of the item as well. Chair Sarnoff: You're recognized for the record. Carlos Curheln: Thank you, Mr. Chairman. My name is Carlos Curheln. I'm at 10301 Southwest 102 Street, Miami, Florida. And good afternoon to your. fellow Commissioners and 1 think the Mayor was here a few minutes ago. I was encouraged to come to this meeting by Rudy Fernandez of the University of Miami, who you will hear from briefly. Rudy has been a leader on immigration reform since before it was popular. And many of us for many years have been working on this issue and we've been very frustrated. Before you right now, you have an opportunity, an opportunity to contribute to the momentum that we've seen behind this issue in recent months. We can actually get it done. And 1 think you all know and I -- clearly, Commissioner Suarez understands that no metro area can benefit more from comprehensive immigration reform than Miami, and that obviously includes the City, it includes the County, it includes our school system, and all the other local governments. So I respectfully urge you to support this item. I thank you for this opportunity. It's my first time before the City of Mianii Commission. And certainly encourage you to become a part of this growing wave of support for comprehensive immigration reform. Thank you. Chair Sarnoff: Thank you. Rodolfo Fernandez: Chairman Sarnoff, Commissioners, thank you for the opportunity to address you. My name is Rudy Fernandez. I'm here representing the University of Miami. And I first want to thank Commissioner Suarez, for his leadership on this particular issue and thank each of you for considering this particular item. 171 he very brief. We at the University of Miami are signatories to the efforts by this partnership for a new American economy, as are our colleagues at, you know, President Rosenberg at Florida International University; President City efMiami Page 59 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Padron has been involved with the effort at Miami Dade College. Most of the public universities in the state of Florida have signed on to the effort. And the reason we're working closely with this group is not only has to do with the humanitarian issues that are obvious and get a lot of attention, not only does the national security issues are important but, frankly, the economic issues tied to this particular issue are supremely important and no community understands that better than the City of Miami. Several -- you know, a couple of cities throughout the country have already sponsored similar resolutions. The city of New York obviously has sponsored a resolution. Mayor Bloomberg has been very active on the issue. And I'll score -- underscore three particular points to you that highlight the importance to our country's economy. First, in last year, 28 percent of the businesses, the small businesses started in this country, 28 percent of . those businesses were started by immigrants. In the City, of Miami -- you guj's represent this great City -- you understand the importance of that and you know a lot of immigrant small business owners. Stat number two -- and I couldn't help but enjoy the portrait of Leonardo Da Vinci's glider that you guys have adorning this beautiful room. That's obviously a tip of the hat to innovation. The second stat that is just startling but people at universities recognize is the fact that 76 percent of patents, you know,. for new inventions that are awarded to the top ten universities that produce patents, places like MIT (Massachusetts Institute of Technology) and Stanford, are awarded to immigrants. Seventy-six percent. That's three out of every four patent that's being currently awarded at those major institutions is being awarded to immigrants. This is what's making the economy move and grow. And the third stat that's startling, Chairman, is the fact that 10 percent of U.S. workers today wnrkfor a small business that's owned by an immigrant. So besides the very important humanitarian reasons to support this and to urge members of Congress to finally act on this, besides the important national security aspects of this, it's for economic reasons that we absolutely have to take action this year. And the City of Miami has an opportunity to send a strong message to our congressional delegation to make sure that both Democrats and Republicans get this done. Thank you for your time. Chair Sarnaff: Thank you. Tice Chair Gort: Thank you. Commissioner Suarez: And with that, I'd like to make a motion. Chair Sarnaff: There's a motion. Is there a second? Tice Chair Gort: Second. Chair Sarnof f: All right, any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Commissioner Suarez: Thank you. Chair Sarnof f: Okay. Commissioner Suarez: Thank you all for coming. RE.11 RESOLUTION 13-00208 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY MARIE SEVERE WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF $145,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ATTORNEYS FEES AND COSTS, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CASE STYLED City of Miami Page 60 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 MARIE SEVERE VS. CITY OF MIAMI, PENDING IN MIAMI-DADE COUNTY CIRCUIT COURT, CASE NO.: 10-49932-CA-10, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI AND ALL INDIVIDUAL CITY DEFENDANTS WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000. 13-00208 Memo - Office of the City Attorney.pdf 13-00208 Memo - Financial Signoff.pdf 13-00208 Legislation.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-13-0065 Chair Sarnoff: RE.8. Or do we want to --? Vice Chair Gort: That's Commissioner Carollo's district. Chair Sarnaff: Right. Let's -- Commissioner Spence -Jones: You might want to wait on that. Chair Sarnoff: -- wait on that. RE. 9. Commissioner Spence -Jones: 1 think RE.9 has to have all the Commissioners to discuss -- Chair Sarnoff: Okay. Commissioner Spence -Jones: -- so we need to hold off on that one. Chair Sarnaff: All right. RE.10 is time certain. Commissioner Spence -Jones: Okay. Chair Sarnoff: RE.11. Julie O. Bru (City Attorney): RE.11, Mr. Chair and members of the Commission, this is a recommended settlement. We briefed each Commissioner individually on this matter. Commissioner Spence -Jones: So moved. Chair Sarnoff: We have a motion -- Tice Chair Gort: Second. Chair Sarnoff: -- by Commissioner Spence -Jones, second by Commissioner Gort. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. RE.12 RESOLUTION City of Miami Page 61 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 13-00122 Department of Capital Improvements Program A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF SERVICES FROM THE GORDIAN GROUP, INC., FOR THE CONTINUATION OF THE JOB ORDER CONTRACTING SYSTEM, UTILIZING EXISTING CITY AND COUNTY OF SAN FRANCISCO AIRPORT COMMISSION CONTRACT SOLICITED PURSUANT TO REQUEST FOR PROPOSALS NO. 9082, TO BE USED CITYWIDE ON AN AS -NEEDED BASIS, UNTIL AUGUST 26, 2014, WITH AN ADDITIONAL THREE (3) YEAR RENEWAL OPTION, IF APPROVED BY THE CITY AND COUNTY OF SAN FRANCISCO AIRPORT COMMISSION, IN A TOTAL CONTRACT AMOUNT NOT TO EXCEED $1,000,000; ALLOCATING FUNDS FROM VARIOUS CAPITAL IMPROVEMENT PROJECTS. 13-00122 Summary Form.pdf 13-00122 Award Recommendation Form.pdf 13-00122 Piggybacking San Francisco Airport Contract.pdf 13-00122 Request for Proposals #9082.pdf 13-00122 Legislation.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnotyand Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez R-13-0066 Chair Sarnoff: Okay. RE.12. Commissioner Spence -Jones: Twelve. Mark Spanioli: Good morning again, Commissioners. Mark Spanioli, director of Capital Improvements. RE.12 is a reso to approve the procurement of services for the Gordian Group for the continuation of our joh order contracting system, that's our JOC (Joh Order Contract) contract administrator. Chair Sarnoff. All right. Vice Chair Gort: Could you --? I'll move it for -- Chair Sarnoff Commissioner Gort, motion for discussion -- Vice Chair Gort: -- discussion. Chair Sarnof f: -- items. Commissioner Spence -Jones seconds. Commissioner Spence -Jones: Second. Chair Sarnoff. Commissioner Gort, you're recognized for the record. Vice Chair Gort: Mark, can you please explain the process that we utilize and how much we could he saving by utilizing this system and what the system is? Mr. Spanioli: Absolutely, Commissioner. The JOC administrator; the Gordian Group, is currently provides our software and technical support for the JOC construction system. All the JOC contractors come through the Gordian Group system. Most of the other municipalities or City of Miami Page 62 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 government agencies that use JOC actually just sole source the procurement of this. We actually are piggybacking off of another contract with the City of San Francisco. By doing this piggybacking, we're basically eliminating -- if we were to end our contract today and start all aver again, we would be paying a higher rate. So we've already -- because we've been with the Gordian Group far a number of years, we basically are at our discount rate because of the quantity of work we've done with them, so that's one of the big benefits. In essence, without the Gordian Group, we couldn't continue our JOC system right now. Vice Chair Gort: But explain what it is, the JOC system. Mr. Spanioli: The JOC system is our JOC contracting system where we can expedite our construction projects. What it is is we have JOC contractors, as we call them -- Vice Chair Gort: Right. Mr. Spanioli: -- already -- we've already bid out that system. We already have the contractors enlisted so whenever we want to do a smaller scale project, we just simply have to hire one of the JOC contractors that are already on board with us. Johnny Martinez (City Manager): Commissioner, we have them both for vertical construction -- Vice Chair Gort: Right. Mr. Martinez: -- a set of JOC contractors, and for horizontal construction. And they come in very handy when a project appears that needs to he done very quickly. We contract with the JOC contractor and he, you know, delivers the product. Vice Chair Gort: But most important, it tells you more or less -- the software tells you how long it should he taking and how much it will cost and the amount of material you're going to be using. In other words, it's giving instructions so you make sure that the job is done well, to my understanding, right? Mr. Spanioli: That's correct. All the unit costs for all the items for the construction that we're doing are already stipulated in the Gordian Group's JOC system. Vice Chair Gort: Okay. Thank you. Chair Sarnof f: All right. Any further discussion? Hearing no further discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Mr. Spanioli: Thank you. RE.13 RESOLUTION 13-00220 District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE Commissioner PROHIBITIONS IN SECTION 2-11.1 OF THE CODE OF MIAMI-DADE Wifredo (Willy) Gort COUNTY AND APPROVING ACCEPTANCE OF THE PAYMENT OF TRAVEL EXPENSES BY CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS, INC. FOR A BUSINESS DEVELOPMENT MISSION TO THE REPUBLIC OF TURKEY, WHICH MISSION IS FOR THE USE AND BENEFIT OF THE CITY OF MIAMI; AUTHORIZING COMMISSIONER WIFREDO (WILLY) GORT TO REPRESENT THE CITY OF MIAMI IN THIS BUSINESS City of Miami Page 63 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 ENDEAVOR; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE MIAMI-DADE COMMISSION ON ETHICS. 13-00220 Legislation.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, Satnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez R-13-0067 Chair Sarnaff: RE.13. Vice Chair Gort: You need all the Commissioners. Commissioner Spence -Jones: So moved. Vice Chair Gort: No, you need the Commissioner. Chair Sarnoff.' Do we need them all, or do you want them all? Vice Chair Gort: It's four fifth, isn't it? Chair Sarnaff: Is it a --? Commissioner Spence -Jones: No, it's not. Chair Sarnof f: I don't think it's a four fifth vote. Vice Chair Gort: It's not? Okay. Commissioner Spence -Jones: So moved. Chair Sarnof f: We have a motion by Commissioner Spence -Jones. Madam City Attorney, why don't you -- Vice Chair Gort: Second. Chair Sarnoff: Second. --just put on the record what we're doing. Julie O. Bru (City Attorney): This is a waiver gig provision in the Miami -Dade County Code of Ethics that prohibits any vendor or any person who does business with the City from paying the travel expenses of a member of this board. So in this case, Camara de Comercio Latino [sic] has a contract with the City for some facade improvements that they're -- funded through some monies available -- made available through the City, so they would fall into that kind of characterization. Commissioner Gort is being identified by this body as an individual that would represent the City in this mission. The public purposes of this mission are set forth in the recitals of this resolution. It clearly inures to the public benefit, not to his private gain, so therefore, it's appropriate for you to vote on this. Chair Sarnoff: All right. Thank you, Madam -- Commissioner Spence -Jones: And I just want to he clear -- and it's just -- you know, the idea is to just make sure that it's brought in front of the City Commission. So I -- there should -- City of Miami Page 64 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 RE.14 13-00222 Office of the City Attorney Ms. Bru: Right. The Commission had to waive -- Commissioner Spence -Jones: -- trade missions -- we get invited to trade missions and companies and corporations and -- Ms. Bru: Right. Chair Sarnoff: This is something we should all take notice of since the Ethics Commission is now taking notice of us, that we simply should bring it up to each other as a vote -- Commissioner Spence -Jones: Yeah. Chair Sarnoff: -- and it's a way of saving, "Yes, we agree. Commissioner Gort's going to he -- Commissioner Spence -Jones: Representing the City. Chair Sarnoff • -- this Commission's liaison to go out to Turkey." Vice Chair Gort: And I'd like to explain a little hit. I've been -- the Hemispheric Congress, established 34 years ago, and the idea was to bring all the president of all the chamber of commerce throughout Central America and South America and the Carihhean. And the idea was to try to see the convenience of how we can have more trade among international -- improve the international trade between those countries and the City of Miami. For the last 34 years, that originally began as the program. They would go from Sanchez in South America who talked to Sanchez in the United States, and he would put them in touch with Smith so they can do the business. Part -- we were pushed quite a bit for the free trade agreement with the Americas, and that has been accomplished. The program now has expand not only through Carihhean and Latin and South America, but also at the same time, the -- we have Turkey as a participator last year, and we're going to have -- sign a port agreement with the Istanbul and the Port of Miami, which will improve the exchange between Turkey and the City of Miami. And we have accomplished those same agreement with a lot of the countries in Latin America, and the board is very happy about those things. Chair Sarnoff: All right. So now, all in favor, please say "aye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE PAYMENT OF ATTORNEYS FEES AND COSTS, IN THE AMOUNT OF $2,550, FOR THE PURPOSE OF REPRESENTING COMMISSIONER MICHELLE SPENCE-JONES IN THE CASE STYLED THE VIZCAYANS INC. V. CITY OF MIAMI, INC. ET. AL., CASE NO. 07-17332-CA-13; ALLOCATING FUNDS FROM THE NON DEPARTMENTAL ACCOUNT NO. 00001.980000.531010.0000.00000. 13-00222 Memo - Office of the City Attorney.pdf 13-00222 Legislation.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, 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 City of Miami Page 65 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 R-13-0068 Chair Sarnoff: RE.14. Julie O. Bru (City Attorney): Mr. Chair, I've put this nn the agenda. This is a request for reimbursement of attorney's fees in a case -- the Vizcayans versus City of Miami. I've reviewed the requestfor reimbursement and the law, and this is appropriate before you. Vice Chair Gort: Move it. Chair Sarnoff: Is there a motion? Motion by Commissioner Gort. Commissioner Spence -Jones: Second. Chair Sarnoff: Second by Commissioner Spence -Jones. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. RE.15 RESOLUTION 13-00230 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF PROGRAM YEAR Economic 2012-2013 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ("CDBG"), Development IN THE AMOUNT OF $44,934 FROM THE DISTRICT 3 CDBG PUBLIC SERVICE RESERVE ACCOUNT; ALLOCATING SAID FUNDS TO THE AGENCIES, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-00230 Summary Form.pdf 13-00230 Pre-Legislation.pdf 13-00230 Legislation.pdf 13-00230 Exhibit 1.pdf SPONSOR: COMMISSIONER FRANK CAROLLO Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Samoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-13-0069 Chair Sarnoff: Okay, RE.15 is really, District 3. Commissioner Spence -Jones: Is that Frank's? Commissioner Carollo: I'm here. Chair Sarnoff: Let's do it real quick -- no. Now I know how to get Commissioners out here. City of Miami Page 66 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Commissioner Carollo: Sorry. I'm working on the pocket item language. RE (Resolution) -- Chair Sarnoff: 15. George Mensah (Director, Community Development): RE.15. Commissioner Carollo: -- 15. I move it. Commissioner Spence -Jones: Second. Chair Sarnoff • We have a motion by Commissioner Carollo, second by Commissioner Spence -Jones. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff: I think we have -- Commissioner Carollo: Thank you. Chair Sarnoff: one that we tabled for you -- Commissioner Carollo: 1 don't think so. Chair Sarnoff. No, I think you're right. Vice Chair Gort: Yes -- Commissioner Spence -Jones: Yes, we did. Vice Chair Gort: -- the 7th -- the parking lot underneath the expressway on 7th Street, underneath I-95. Chair Sarnoff: Which one was that, RE (Resolution) --? Commissioner Carollo: That's a PZ (Planning & Zoning) item, I think. Vice Chair Gort: No. Chair Sarnoff: No. It wasn't -- it was an RE. Tice Chair Gort: It's an agreement with the -- Chair Sarnoff: FDOT (Florida Department of Transportation) -- here it is, RE.8. Commissioner Carollo: That's been -- Chair Sarnoff • You're right. Commissioner Carollo: -- deferred. Chair Sarnoff: That was deferred, you're right. Commissioner Carollo: That was deferred. Chair Sarnoff: You're right, okay. All right, that's it then. City of Miami Page 67 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 END OF RESOLUTIONS BUDGET BI.1 BUDGET DISCUSSION ITEM 13-00117 Office of Management STATUS (SEC.18-542(b) CITY CODE) and Budget I. 2012-2013 BUDGET II. PROPOSED 2013-2014 BUDGET 13-00117 Summary Form.pdf DISCUSSED Chair Sarnof f: We -- we're up to PZs (Planning & Zoning) or district items. It's too early to go. Commissioner Spence -Jones, how long is your pocket item -- your district page item? You want to do it now or --? Commissioner Spence -Jones: I want Francis to be here, if he could. Chair Sarnof f: Okay. Commissioner Spence -Jones: Yeah. Chair Sarnoff.' Danny, you have something you want to talk about that's 10 or 15 minutes? Daniel Alfonso (Director, Management & Budget): Sure. Chair Sarnoff: Go ahead. You're up. Just tell me what we're talking about so 1 can get it on the agenda. Mr. Alfonso: The budget discussion, BI. Chair Sarnoff: Yeah. Mr. Alfonso: B, BI. Chair Sarnoff: D -- which one? Mr. Alfonso: No, BI. It's at the end of the resolutions, the very first item right after the resolutions. Chair Sarnoff.' BI, BI, BI. Mr. Alfonso: It's the monthly budget update. Chair Sarnoff: I got you. Mr. Alfonso: Danny Alfonso -- Chair Sarnoff: BI1, I'm sorry. Mr. Alfonso: Yes. City of Miami Page 68 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Commissioner Carollo: And by the way, just for the record, I'm going to he here. I'm just going to he in the hack speaking to our director, Mariano Fernandez, okay, hut will he here listening. Mr. Alfonso: Okay. Chair Sarnoff: You're recognized, Mr. Alfonso. Mr. Alfonso: For the fiscal year that ended '12, we are moving forward to close nut the year. I wanted to say that 1 know the number originally had been estimated or mentioned 45 million. We had said possibly 37 million. It looks like it could be 41 million in the end. We're talking to the auditors about how to account for or recognize the expenditure of the solid waste containers for the recycling. That's $3.7 million. Depending on how that's done, it will either be a 37 or 41, and we're going to resolve that in the upcoming couple of weeks. Other than that, there -- for '12, there are no other major changes. We are where we are. In fiscal year '12-'13, the current year that we're operating, 1 sent out the report a few nights ago. And basically, the revenues are looking as we expected. There is -- we're doing better in some cases. For example, in the Building Department, the collections overall for the department are ahead of schedule. We should he, in the four months, about 33.3 percent. We're actually around 40 for the Building Department. Planning & Zoning is also doing very well. Red-light camera is ahead of expectation as well. We do have one revenue that is less than we had expected, and that is when we changed the certificate of use billing to a fiscal year rather than a calendar year, we prorated the amount of the certificate of use bill to nine months because the people had already paid through December 31 so that the new bill that they're paying for this year is from January 1 through September 30. So while in the budget we had it one year like we normally do, we're actually only collecting nine months, so there's a proration there, and that's going to cost us about a million dollars. But the other revenues that are coming in ahead are prnbahly going to wash that right out. So overall, I think we'll be fine. On the expenditures side, the departments' expenditures, again, are I think what we need to focus on, and they're coming in as expected. We're projecting that the department that manages the red-light camera contract, which is CIP (Capital Improvements Program), is going to need extra allocation because since that revenue is coming in, we're projecting now $900, 000 over budget. The expense, which is the 40 percent payment to the vendor that does the billing, will have to he increased accordingly. Nonetheless, we're still going to net $500,000 on that transaction. In the police department, we're seeing the cost of fuel has not really come down. It is costing us more than we had anticipated. The police department spends about $1.1 million -- 1.1 million gallons of fuel a year, and we had budgeted $4.4 million for fuel. We are projecting that it might end up close to 4.9 million or about ha1f a million dollars above budget. And as we push on recruitment and filling positions that we have targeted to he vacant, it may cause other stresses on the budget for police. So we're actually projecting the police department may be over as well. So bottom line,. fiscal year '1 2-'13, we're thinking maybe a $13 million surplus at this time, assuming that we don't have an impact from the FIPO (Firefighters Police Officers) discussion that is ongoing. The move to bring the third actuary is being looked at, and I think the CFO (Chief Financial Officer) would like to make a comment about that. Janice Larned: Janice Larned, Assistant City Manager/Chief Financial Officer. Yes, we have activated the third actuary provision in the Gates settlement. We may he back before this body at the next Commission, should we have to go through a procurement process. At this point, we have asked for our expert consultants to give us an opinion as to whether or not the Gates settlement trumps, if will, the procurement code. So that is on the -- could possibly be on the agenda for March 14. Mr. Alfonso: Okay. So for '12-'13, again, we're projecting a surplus of about $13 million. The issue of the FIPO pension payment is out there. It's a 9.8 million possible hit. It is still early in the year. The numbers are still fairly volatile. So as we get more data points, as each month City of Miami Page 69 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 DI.1 12-00657 passes, we'll get better in the projection. And I'll he sure that whatever I talk about, the projection, it does not assume anything on the reserve. Like last year, I was assuming the reserve would he used, and that's why we had such a large discrepancy at the end. So we're not going to make that mistake again. And -- Chair Sarnoff.' You're recognized, Commissioner Gort. Vice Chair Gort: So we're saying we're very much within budget with all the departments except the -- Mr. Alfonso: Police and CIP are the only two departments that are right now we're projecting to go over. And again, CIP is because of the red-light camera payment that they have to make. Vice Chair Gort: Right. Mr. Alfonso: So that's fully covered by the revenue and then some. And the police department, because of the excess in, fuel and because we're projecting to fill positions that we thought would be vacant, we think that that might go over as well. And their overtime is on the high end side too. The '13-'14 budget process has begun. Today is the day by which departments are supposed to submit their budget requests. My -- the analysts of the City in my department will start the process of reviewing those requests promptly next week. I have scheduled meetings with all the directors that begin, 1 believe, around the 14th of March through the 22nd of March, where we have our internal first review. And then in April, we'll meet with the Manager on the budget proposals, et cetera, but we'll he bringing information to you to tell you where that initial balance is at. We'll talk about how we're addressing the issue of police officers. We'll talk about how we're issuing -- how we're truing to address the issue of the backfill of positions that may be leaving, etcetera, etcetera. So there's definitely going to he a lot ofstress on the budget and, you know, ultimately, it will be a policy decision of the Commission as to where we put the resources. Chair Sarnoff.' Okay. Commissioner Spence [sicJ, anything? No? All right, thank you, Danny. Appreciate it. END OF BUDGET DISCUSSION ITEMS DISCUSSION ITEM ITEM TO BE WITHDRAWN BY THE ADMINISTRATION DISCUSSION CONCERNING THE CITY'S ADOPTION OF ATICKET POLICY UNDER WHICH PUBLIC, COMMUNITY BENEFITS, OR COMPLIMENTARY TICKETS OBTAINED THROUGH CONTRACTUAL NEGOTIATION OR OTHER EXERCISE OF PUBLIC AUTHORITY MAY BE DISTRIBUTED FOR ANY PERMISSIBLE PUBLIC PURPOSE, CONSISTENT WITH THE GUIDELINES PROVIDED BY THE MIAMI-DADE COUNTY COMMISSION ON ETHICS AND PUBLIC TRUST. 12-00657 Summary Form.pdf 12-00657 Memo - Citywide Ticket Policy.pdf 12-00657 Memos - Miami -Dade County 10-11-12.pdf 12-00657 Backup Information 06/28/12.pdf SPONSORS: OFFICE OF THE CITY MANAGER City nfMiami Page 70 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 DI.2 13-00109 DI.3 13-00202 Miami Parking Authority OFFICE OF THE CITY ATTORNEY Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 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 Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort DISCUSSION ITEM UPDATE ON THE CAR2GO PROGRAM. 13-00202 Summary Form.pdf DISCUSSED Chair Sarnoff: All right, the next thing up on the agenda would be FR.1, which is the towing rates, but I think what -- the towing folks here? I think the better thing to do is do On. the afternoon. And I hate to do that to you, hut want to have a full Commission to hear this. And so what I'm going to do is allow cars2go [sic] to do their presentation. Is cars2go [sic] here? Okay. You guys should step up fast 'cause I'm considering doing something else. There you go. 1'in just teasing. Josh Moskowitz: Thanks. Chair Sarnoff: You're recognized for the record. What's your name? Mr. Moskowitz: I'm Josh Moskowitz. I'm business development manager with car2go. Chair Sarnoff: Okay. You're recognized for the record. This is DI.3, for anyone following along in their agenda. Mr. Moskowitz: Car2go --just wanted to give a overview of the seven months of operation and the success of the program that we've seen. We want to thank Art Noriega, the City Manager, the City nfMiami Page 71 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Mayor, and the Commissioners of Miami for being wonderful partners so far in this endeavor. First, just wanted to talk a little hit about the feedback that we've received from Miami residents. We have more than 10,000 members in Miami alone, which is on par with the membership growth that we've seen in our eight other North American cities. One of the things that we really pride ourselves on is becoming part of the social fabric of each community that we operate in. Chair Sarnojj: I don't paean to interrupt. Mr. Moskowitz: Sure. Chair Sarnaff • And I'm hearing it echoing in my head. Did you say we are a good city in comparison to the other North American cities? Mr. Moskowitz: Yes. Chair Sarnaff: Okay. Mr. Moskowitz: Yes. And again, one of the things that we do in each of the communities that we operate in is become part of the community. So we have a presence at community events, neighborhood events, citywide events, and these are just a list of those that we've already participated in and will participate in. And before I forget, I should mention that I'm joined by our location manager far Miami, Harvey Eunice. He's in the audience. So again, we have more than 10,000 members in Miami after seven months of operation. Currently, we're seeing about 1,200 new members per month, which is fantastic growth. In terms of the amount of rentals, we're seeing about 13,000 rentals per month in Miami, and that's actually increased this past month. I think we'll hit more than 14,000, which will he a record high for the month. This is a heat map that shows where our members live, and you can see that the heaviest concentration of membership is along the eastern corridor, where we have a fantastic mix of commercial and residential density. If you look at other cities like Miami, where we see the greatest growth membership and usage are these melting pots of commercial and residential destinations. The largest number of members reside in the Brickell, downtown and Wynwood districts of Miami. The average parking duration times -- so the amount of time that the vehicles are idle and not being used -- has dramatically decreased since we started operation. And a lot of that has to do with the.fact that our marketing events are working. People see the vehicles. They see us at these community events. The people are actually using the cars, and so the -- an overwhelming majority of the vehicles do not sit in a parking space for more than two hours. This just shows where the trips originate in the last month. Again, you can see along the eastern corridor is where most of the usage is occurring. For trips that begin in Brickell, we're seeing a lot of the trips end up in the downtown and Wc'nwnad areas. Demand from Brickell has actually outpaced supply because of the convenience and flexibility of the service, the fact that it is point to point; that you can just pick it up and drop it off. We charge by the minute, and you're only charged, for the amount of time that you drive. Chair Sarnaff: How many cars do you have? Mr. Moskowitz: Right now we have 230. Vehicles that are parked downtown are used to travel to destinations throughout Miami, and especially in the Brickell area. Last night, for instance, I saw about eight in essentially a two -block radius of Brickell. It was great to see. We also have acquired parking spaces from private garage operators on Miami Beach. You can actually see in the last month we had about 23 trips that ended at these lots, lots that we have struck partnerships with with the garage operators. And then far the destinations far trips that begin in Wynwood, we can see -- you can see that the vehicles are scattered throughout the Miami operating area. And this last heat map shows the beginning and ending rentals throughout the last month. So again, we're seeing a lot of usage throughout the city. We're not seeing, you know, clustered uses. And thank you. City nfMiami Page 72 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Chair Sarnoff: Thanks. Does anybody have any questions or --? Vice Chair Gort: No. What 1 would like is -- 1 think it's a lot of people in the City still do not understand how it works, so if you can give a little explanation how it works and the rates, I think it'll be very important. Mr. Moskowitz: Sure. Car2go is a point-to-point car -sharing company, where you can pick up a vehicle at any location within the Miami operating area and you can park it anywhere within the Miami operating area. We charge per minute. It's 38 cents per minute, 13.99 per hour, 72.99 per day. The cars are meant really for short, quick trips. Vice Chair Gort: Right. Ms. Moskowitz: They average between about 25 to 40 minutes. People are going about five to six miles. So it's not really car rental, you know. Vice Chair Gort: Right. Mr. Moskowitz: It's not like Hertz or Avis or Enterprise. It's really meant to get to Point A to Point B, to go to a meeting for work, to go to a restaurant to meet friends, things like that. Chair Sarnoff • Do you reposition the cars that are not left at an advantageous point? I mean, 'cause you can go anywhere you said, so if somebody -- Mr. Moskowitz: Right. Chair Sarnoff: -- goes to a very -- Vice Chair Gort: People will pick it up. Chair Sarnoff: -- I don't know, part of the city that are not likely to he rented again, do you actually pick those up or --? Mr. Moskowitz.: We do have -- we have a fleet team, guys who will go out and they will service the vehicles. Members do not actually have to pay for parking. They do not have to pay for gas. And so our fleet team will go out and they will service the vehicles. They'll clean them. They'll fuel them. And one of the other things that they do is they actually do something called rebalancing where if we see a vehicle idling in a certain neighborhood for longer than 24 hours, we'll actually go and pick it up and we'll bring it back to an area of the city in which we see a lot of usage. Chair Sarnoff: In comparison to like another city, like do you do this in New York? Do you do this in the east coast of the United States? Or where else do you do this? Mr. Moskowitz: We operate in five other American cities: Portland, Seattle, San Diego, Austin, Texas, and Washington, D.C. (District of Columbia). And we also have an operation in Canada as well, Vancouver, Calgary, and Toronto. Chair Sarnoff: And of the American cities, how does cars2go do in comparison to Miami? Mr. Moskowitz: 1 think we've done very, very well in Miami so, far. Again, it's a relatively new type of transportation system, but we have seen significant success so far. Vice Chair Gort: In other words, they're driving ten minutes, it'll be 30 -- 3. -- City efMiam,i Page 73 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Mr. Moskowitz: I'll be $3.80. Vice Chair Gort: -- $3.80. Mr. Moskowitz: Yeah. Vice Chair Gort: Three dollars and eighty cents. So anybody that wanted to go from PointA from Point B and they don't have time to wait for a taxi, that'll take it (UNINTELLIGIBLE). It works. Mr. Moskowitz: I did want to do one other thing. I wanted to share a video with you all, just highlighting some of the successes that we've had in Miami, as well as other areas of other states. At this time, an audiovisual presentation was made. Mr. Moskowitz: Thanks. Chair Sarnof f: Thank you. I just want to say the use of the smart car: Since I bought my wife a smart car for Christmas, it's the only car I notice that she can parallel park. Mr. Moskowitz.: Thanks for your time. Chair Sarnoff: Thank you. I guess we're just waiting on another Commissioner. DI.4 DISCUSSION ITEM 13-00229 Department of Planning and Zoning 10:00 A.M. DI.5 13-00226 DISCUSSION TO ALLOW THE MIAMI MARINE STADIUM STEERING COMMITTEE TO PRESENT A REPORT OF ITS FINDINGS TO THE CITY COMMISSION PERTAINING TO THE OPERATIONAL PLAN FOR THE RESTORATION OF MIAMI MARINE STADIUM. 13-00229 Summary Form.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Samoff, Carollo, Suarez and Spence -Jones DISCUSSION ITEM District2- DETAILED EXPLANATION BY THE DIRECTOR OF HR ON THE PROCESS Commissioner Marc OF HIRING POLICE OFFICERS. David Sarnoff 13-00226 Email - Process of Hiring Police Officers.pdf 13-00226-Submittal-Memo-Police Dept. Recruitment;Action Items Dated 02-27-13.pdf 13-00226-Submittal-Memo-Updated Status of Recruitment Dated 02-27-13.pdf DISCUSSED Direction by Commissioner Spence -Jones to the Administration for the Police Chief to provide the City Commission with a report on sworn officers that are currently performing administrative City of Miami Page 74 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 functions that could be used in other areas, such as patrol, by the next meeting. Direction by Commissioner Spence -Jones to the Administration for the Police Chief to provide the City Commission with a report by the next meeting identifying key personnel currently participating in vital operations and programs associated with the Police Department who are also listed in the DROP and scheduled to retire from the City either this year or next. Direction by Chair Sarnoff to the Administration for the Police Chief to provide the City Commission with a fiscal analysis on worker's compensation claims for the period covered between 2008 and 2011 within the Miami Police Department by the next meeting. Direction by Chair Sarnoff to the Administration to develop a plan in preparation for the mid -year allocation for consideration by the City Commission that will allow for incentives, such as bonuses and tuition reimbursement, for police officers by the next meeting. Chair Sarnoff: All right. Let's get to it. Everybody ready? Commissioner Spence -Jones: Yes. Chair Sarnoff: Okay. So we have a 10 o'clock time certain, the police hiring process. And I asked the Administration to bring this because -- I don't know; just because. You're recognized for the record. Daniel Alfonso: Good morning, Commissioners. Danny Alfonso, Budget director, City of Miami. We sent out a memorandum to all our elected officials a few days ago expressing the things that we have done, but I'll just recap those things here for you. We have gone back and looked at our processes and determined that there are things that we needed to change and we have made some changes. Primarily, we worked with the police department to increase the number of background investigators 'cause that was one of the bottlenecks that we had. The police department had already increased the number to -- from 4 to 13, but the Chief committed to increase that number to up to 21 personnel doing background investigations. So doing that would expedite the background process and help us bring people on board faster. We've authorized -- another area where there was backlog was in the screening -- the initial screening of applications and the scheduling of interviews for personnel other than police officers in the police department. So we have authorized recruitment and hiring of four more personnel in HR (Human Resources) to assist and expedite the process of conducting the screening of applicants and the processing of interviews, etcetera. Effective April 1, we're also going to change the way in which we accept applications into the City for recruits. Right now we have online and a paper process. The paper process or the submission of information through a paper process takes longer because people have to send it by mail. We sort of do like -- if you sent your documentation by paper application by the date, but that may, get here a week later, so that delays the start of processing those applications. We're requiring now that -- and we're giving them until April 1 so that people know that that's going to be the way that it's done -- that applications come only through online application and people are allowed to upload the required documents right on the online process. So that will help us expedite as well. The other area where we're having some delays was in the scheduling of the second psychological and medical at the end of the process. We have turned all of that responsibility over to the police department, effective March 4, so that we eliminate any confusion in that process. The Manager has also authorized four additional positions to be recruited in the police department so that the police department can begin to have a section that will do recruitment solely for those positions that are unique to the police department. The Police Department is working on developing the criteria for those personnel, and we'll come back to you and inforin you of how that process is going. We expect that that will he online and ready to go by the next round of police officer recruitment. Right now we are still working on a current active list that the police department is doing background investigations on, and we anticipate that those lists will be exhausted by the City nfMiami Page 75 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 end of May. We plan to do the advertising early May, perhaps earlier, depending on how the process is going so that by the time that list is exhausted, they're ready to go with a new list. And if they -- if all goes well, they will have their personnel on hoard to start processing those people in-house, which is the way that other departments do it. In terms of how the police recruitment has been going, we wanted to inform you -- let me switch to the other document here. I wanted to point out that at the -- the high water mark for the number of budgeted vacancies in sworn personnel in the police department happened last summer, July, I believe, and the number was all the way up to 98, I believe. I think told you -- Commissioner, I believe I said 94. I misspoke. The number was 98. It was July of 2012. Currently, we're at 62 sworn budgeted vacant positions. And let me talk a little bit about what those sworn budgeted vacant positions include because I want it clear for the record what is it that we're talking about. Of those 62 positions that remain vacant, we have 29 budgeted trainees. And we anticipate that 20 of those 29 will be filled by the end of March. We have already actually tendered 16 officer trainees their job -- we've tendered letters of offer of employment to them. And we anticipate that at least four more will he ready to go and the class of 20 will start by the end of March. We are planning to, from the existing list, start another class by the end of July and another one in October. To do that, if we run out of trainee positions, what we are willing to do is take positions that are currently unbudgeted and vacant and authorize alternate positions of police officers so that we can start that recruitment process going and eventually, when we get around to filling those unbudgeted or vacant positions as they get promoted, we'll have officers ready to move into those as well. Of the 62 vacant positions, I will go hack and say 23 of them are actually police officers. There's also three sergeants, one lieutenant, and six detention officers. All those count into what's called the sworn, budgeted positions. Now I mentioned that there were some unbudgeted, vacant positions, and those include 12 lieutenants, 1 senior executive assistant, 1 captain, and 1 motor sergeant. When we put the budget together, it was -- we were aware of the issues with the promotional exams for lieutenants. We're currently in an RFP (Request for Proposals) process to hying on the firm that is going to do the promotional exam. It was known that that exam would not be ready; therefore, we did not budget the dollars, far those positions. In other words, that is attrition that we budgeted into the department. What we're doing right now is the Manager has authorized us to create alternate positions equivalent to these but not at the rank of lieutenant or sergeant, but at police officer or trainee so that we can go ahead and hire those 'cause eventually we're going to hire at least 11 lieutenants or 12 lieutenants, which means that sergeants are going to move up and officers are going to move up. So we'll have the funnel going, so to speak, ready to fill those positions. 1 wanted to say that we have hired, in the past year, 59 officers; you know, we had 92 vacant, hired 59. We've lost some, and therefore, we're currently at 62. Now that's the police officers. On the civilian side, we are ready to bring on at the first pay period in March, which I think is March 10 or 11, ten dispatchers. Eight of them we know for a fact have already cleared medical and all the requirements, so they are ready to go, and there are two more that are in the final stage of that process. So we anticipate ten, which is the number of vacancies that we have in the dispatcher positions. In addition to falling those ten vacancies, we know that emergency dispatchers have a high rate of attrition, so we've authorized the police department to continue to do the process of backgrounds, etcetera, on the existing list of eligibles so that if we lose dispatchers because of the high stress of that job and we got a lot of attrition there, we're ready to backfill fairly immediately without a long delay in the process. In terms of the civilian positions, I can say that we've made a lot of progress. We're advertising various positions right now. Crime scene investigators are -- let me go through the notes 'cause there was an attachment there that we provided at the status -- Vice Chair Gort: Mr. Chair. Mr. Alfonso: -- of where the civilian position recruitment was. Vice Chair Gort: May I ask a question? Mr. Alfonso: Yes, sir. City nfMiami Page 76 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Chair Sarnof f: Danny, let -- yield to Commissioner Gort. Mr. Alfonso: All right. Tice Chair Gort: Where do you do the advertising for the employee -- for employment for the City? Mr. Alfonso: Aside from the City website, is there anything else? Asseline Hyppolite (Senior HR Generalist, Human Resources): (UNINTELLIGIBLE) radio advertisement. Vice Chair Gort: Well, I'd like to get a list of the places where we advertise the opening, please. Mr. Alfonso: Okay. Go ahead. Ms. Hyppolite: Good morning. On -- Chair Sarnof f: State your name for the record. Ms. Hyppolite: Asseline Hyppolite. hi response to the question, we do advertisement depending on the position and the need and the difficulty in recruiting. For police officers, we did radio advertisements, as well as advertising on the website. We've, in the past, done advertisement on the billboards, et cetera. But fOr that particular recruitment hack in July, we did advertisement only on the radio, as well as on the City website. Vice Chair Gort: But at the same time, what type of advertising you use for the other employments? Like general. Ms. Hyppolite: Civilians in general or are we talking police? Vice Chair Gort: General employment. Yes. Ms. Hyppolite: General employment, it depends. For finance, we've advertised in some of the more niche magazines, in niche publications. We advertise with Florida League of Cities. We've advertised with FGOA -- GFOA (Government Finance Officers Association). Vice Chair Gort: Okay. Ms. Hyppolite: For City Clerk, we've done advertisements with ICMA (International City/County Management Association), so it varies. Vice Chair Gort: Okay. Ms. Hyppolite: Yeah. Vice Chair Gort: And the other employees? Ms. Hyppolite: Other -- Vice Chair Gort: Like general employees, labor and so on. Ms. Hyppolite: On the City website, we do have -- we work with jobbing.com, who also assists in advertisements. They scrape our site and post with Jobbing and Career Builder often. Some of City ofMiami Page 77 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 the other ones -- latent print examiner, we recently advertised with the International Association of Identification. I can't think off the top of nay head some of the others. Vice Chair Gort: Thank you. Ms. Hyppolite: Okay, you're welcome. Mr. Alfonso: I think I want to say, basically, what they do is they look at the position and they see where is the hest place to advertise. Latent print examiner is an excellent one because that has been very difficult to actually bring people on board, so we're actually reaching out to their associations, etcetera, and that's where we're advertising. In terms of police officers -- 'cause that was a concern -- one of the positions that the police department is looking for one of those four is specifically a recruiter. And I want to have the Chief maybe come up and speak a little bit about that 'cause I think that that's going to he sort of an outreach effort. Manuel Orosa (Chief of Police): The -- part of the personnel we're going to add is a recruiter, a recruiter that -- what I envision is that he will do a lot or she will do a lot of the recruiting in the communities where we usually do not have a lot of applicants from. So I want that recruiter to be out there going to schools, going to radio stations, doing everything that that person, he or she can do to try to get good applicants to come in and apply for the police department and we can get them jobs. Chair Sarnoff • Go ahead. You're recognized. It's your floor. Vice Chair Gort: Let me ask a question. How many students do we have going a year through the academy, ours? Chief Orosa: Anywhere from 100, 125. Vice Chair Gort: Okay. They finish the course and they go through the whole thing and they pay $10, 000 to become police officer. Chief °two: Yes, sir. Vice Chair Gort: Okay. Thank you. Commissioner Carollo: Mr. Chairman. Chair Sarnoff: You're recognized. Commissioner Carollo: A couple of things. One is, Chief, correct me if I'm wrong, but although you have students that go through the course, they cannot necessarily apply to our police department because we have a list that we need to exhaust before any other person, even though students that we put through our police training, they cannot apply to our police department, correct? Vice Chair Gort: No. I understand that, but then what is the recruitment for then if we have so many people that are applying for it? Commissioner Carollo: For other departments. Vice Chair Gort: No, no. We're talking specifically, of police. Commissioner Carollo: Yes, yes. What's happening is -- City of Miami Page 78 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Chair Sarnoff: I think -- Commissioner Carollo: -- Commissioner Gort, they're going through our college of policing. They're getting their certification. They're getting state certified. Chair Sarnoff: Right. Commissioner Carollo: However, once they're state certified, they cannot apply to our police department because we need to exhaust that list prior to them being able to -- and to a certain degree, 1 mean, 1 think it's somewhat unjust because, 1 mean, we're training them and they actually want to apply and continue with the Miami Police Department. However, we cannot accept them until that list is exhausted. Chief Orosa: Yes. But once we have a list, we have to work the list and we cannot accept applications until we're about done and we open up the application process again. And last time we did open up the application process, we closed it in three days because we had over a thousand applicants. Commissioner Suarez: Mr. Chair. Commissioner Spence -Jones: Mr. -- Chair Sarnoff • You're recognized fir the record, Commissioner Suarez. Commissioner Suarez: I'll yield to my colleague over there on the other side. Go ahead. Commissioner Spence -Jones: You sure? Commissioner Suarez: Yeah. Commissioner Spence -Jones: Okay. Ijust have a couple of points that I want to make, Danny, and these are just observations and, hopefully, recommendations. First of a11, I want to commend the Chairman fir staying on top of this issue of getting more n ficers on the streets. We know that it's obvious that, you know, we definitely have an issue happening on our streets, whether- or not it be gangs or all the -- the increase of robberies. Crime is definitely rising, and I know it's definitely rising in my neighborhoods. I have about four things that I want to mention. The first thing that I wanted to mention was I understand the need to definitely push really hard to get more officers on board. I think we definitely need to continue this effirt, and I'm glad that it happening. But I'm a little concerned about the issue surrounding officers that we already have on board. And I'm going to give you an example of what -- in two instances. Let me start with the first one. The first one being, we're having -- I'm just curious from the budget side of this, Danny, how we're now looking at addressing the issue of officers that had been -- that are sworn officers that are already working that, quite frankly, their morale, you know, is pretty low and it's not by way of the Chief and his effirts, 'cause I think that he's doing an outstanding job to make things work with what he has. But we have officers -- I'm going to he frank with you. And I ran into one particular officer last night and I -- and he expressed -- without saying who he is -- to me, you know, Commissioner, you know, we're pulling doubles, you know, sometimes triples, you know, trying to fight these crimes and do whatever is necessary to keep things moving so that our streets are safe, but we don't necessarily see that corning back to us. And I asked him what did he mean by this. He said, I know that a lot of the legislators or the Commissioners or staff or leadership says, okay, you know, everybody has to dig deep, hut when 1 start looking at why I should stay in this department or you guys attracting new officers to the department, the feedback I'm getting is that it's very difficult to recruit -- correct me if I'm wrong -- very difficult to even recruit officers because the current officers that are here are not being taken care of: So not only do you have an issue of -- a morale issue that's already low because City afMiami Page 79 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 people are not -- haven't seen a raise, let's say, in five years -- and he gave me an example. He said, you know what, I used to be able to save $500 a year. Now I am -- I've lost $1,500 a year. He just used that as an example. So Ijust hope in the midst a f this wonderful plan of us attracting new officers to come and join the ranks, that we're looking at taking care of the officers that are already here. Because when we start seeing all these incidents with officers, for whatever reason, making bad decisions or making bad judgment calls -- and I don't want to get into what and why they're doing it -- but just fbr them to make a little extra money, that creates the scenarios that we've seen. So I'm -- and I don't -- I'm not raining on your parade, Commissioner Sarnoff, hut I really want to take care of the people that are already here ton. So I'm going to ask that, you know -- 1 know we found close to $41 million, you know -- we continued to dig deep on our side now to figure out how we take care of the officers that are here, that are struggling every single day to get up every morning to come out and serve; quite frankly, don't know if they're corning back home to their families every single day because people out there with guns now do not even care about the five -year -old kid that lives in their own neighborhood' no less than a officer in blue trying to protect them on the streets. So Ijust want to see a little consideration on the officer -- with the officers that are there now. What are we doing to address --? I don't care if it's a slight increase. We need -- Mr. AJonso: Commissioner -- Commissioner Spence -Jones: Let me just get nay thoughts out. -- to kind o f consider that in the process of whatever we're doing to address this issue of -officers. Let me finish, Mr. Manager, and then you can respond. The other thing that I wanted to mention is -- so I'd like a recommendation on what we're doing to look at addressing that issue to increase the morale. The other part of that is, it's been also brought to my attention that we have a lot of sworn officers already in the administration office that have the ability to he on the streets that are doing secretarial positions or administrative positions. And I would like -- I don't know if it's true, but 1 would like to have at least, Chief an official report on the number of -sworn officers that are sitting in these positions that could clearly he out on the streets, that could be utilized in another way to patrol our streets and do what they're sworn to do. And I understand, you know, they have to keep their licenses and all that in order, but if7 -- and correct me if it's -- if Pm wrong, but the amount that a secretary's getting paid compared to a sworn officer that has been here 15, 20 years, I think that we could pay less for that secretary, you know, and -- or that administrator, whoever that person is that has the -- that is a sworn officer that could be out there on the streets. I think we need to also look at our organization to see what kind of adjustments we could make to put the people that we already have that are sworn, you know -- they're getting a certain level of a pension, correct? They're getting a certain level of a salary. I think that we need to look at readjusting some of those things as well with what we already have to put people on the street. So I would like far the Chief to definitely provide nie with an update for the next Commission meeting so that we have an understanding as to whether or not we're even using our resources to the best of our ability to even serve some of the people that we already have. And then last, but not least, on my blue pages later we're going to talk about people transitioning out because of the DROP (Deferred Retirement Option Plan). You know, one of the greatest fears I have in all of this, not just from the police side, for the legal side, is the institutional knowledge that we're now going to lose, Chief, in this new round of individuals that are going to be leaving. God knows already -- you know, this is why I made the City Attorney's issue a big issue,far me 'cause that's something that we cannot play with; that's number one. But number two, definitely, as we begin to put these operations together to address crime that's happening, you know, on the streets at least in my district, you know, my fear is that some of the people that we have that are in key positions may not he there, so now I got to start all over again. So I really want to understand how we -- how that also affects our ability to make a decision that, one, yes, financially, it makes sense because we got to handle it, but -- on one hand. But on the other hand, I mean, do I now place somebody else in that position and all of the work and the drive that I may have had with an individual now be lost because of it. So I really want to know from you, Chief, in the next meeting, if ,you could provide me also, you know, City of Miami Page 80 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 key people that -- or individuals that are on that list of the DROP that they're going to he leaving this year, next year, that are involved in key operations and initiatives that, quite frankly, losing them would hurt us right now. So I would like to have that report as well. So that's my -- I'm sorry, Commissioner Suarez, but I just thought that it was very important for us to have that discussion and be prepared to address it at the next City Commission meeting. Chair Sarnoff: Go ahead, Danny. Mr. Alfonso: IfI may, Commissioners. That last point, Commissioner, the HR director prepared a report that she sent out. She met with every department director. Commissioner Spence -Jones: Yes. Mr. Alfonso: We have identified those key positions that department directors feel are most important to their operation that they have to hackfill or overlap, etcetera. We've asked every director in their budget submission to put those needs into their budget request. That way, we'll know how much of a fiscal impact it's going to be to overlap somebody, for- several months. For example, you're going to see in the midyear allocation that comes in early April some changes, perhaps, in the Law Department. I've been talking to the City Attorney, where she feels she may need some additional funding to prepare for her departure and some of her other key colleagues. The Office ofAgenda coordination, you know, we're losing that Long-term employee, and she's probably mentioning my name back there right now, but we're talking about having some overlap on her as well because it's not something that you can come off the street and you know how agenda works in the City of Miami. So we are looking at those things. We are going to put into our budget proposal, in an orderly manner, what is the fiscal impact of doing that. Commissioner Spence -Jones: Yes. Mr. Alfonso: You know, we have to consider what the other stresses are on the budget. And so I think the HR director has addressed, for the most part, that last -- Commissioner Spence -Jones: Right. Mr. Alfonso: -- comment. Commissioner Spence -Jones: And the only reason I'm saying that is on the police side of it, I'm speaking especially on, I think that's a little different on -- I think the Chief really needs to weigh in on what he knows it takes to continue some of these operations to make sure that, you know -- what I'm really concerned about more so than anything else is people's safety, you know. That is imperative. That's extremely important to me. So 1 really want to make sure that, you know, there's some extra set of eyes that are really looking at what kind of decisions we're going to be making. And I'm sorry to have cut you off Mr. Manager. I know that you were going to make a comment about the -- looking at the salaries of the officers that are already on board. Did you want to make a comment to that? Johnny Martinez (City Manager): Yeah, the -- first of all, the continuity of the service that we provide is very, very important. And we are looking at ways to bring in key people on board ahead of time so they can train with the person that's going to he dropping 'cause right now we're not making allowances for you've dropped and you can come back and start working, you know. I think people have been waiting in line 20, 25 years for someone to DROP or retire and it's time for them to move up and -- Commissioner Spence -Jones: Yes. Mr. Martinez: -- bring morale up. But it is an issue and we are addressing it. And I've asked City of Miami Page 81 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 the Chief to -- on key positions where people are doing investigations and that type of thing, get the person that may be the successor, or whatever, to start working with them so we don't lose any momentum in these key investigations -- Commissioner Spence -Jones: Okay. Mr. Martinez: -- so we are looking at that. Regarding the proper use or the efficient use of resources, I hope that we have people with guns and badges in the street and not typing and doing that type of thing. And the Chief will give you a report on those type of people and how we're using them. The other thing is regarding salaries. We have a two-year contract with the unions, and built into that are salary increases for police department kicking in in 2014. Commissioner Spence -Jones: Okay. Mr. Martinez: And that's built into the contract that we have. Commissioner Spence -Jones: Okay. That won't change? Commissioner Suarez: Mr. Chairman. Commissioner Carollo: Mr. Chairman. Chair Sarnoff • Wait one second. I think the Chief wanted to say something. Then I'm going to go to Commissioner Suarez, who has patiently waited. Then I will go to Commissioner Carollo, then back to Commissioner Gort. Chief Orosa: My comment is that I will provide the Commission with the reports that you requested, but when -- a year ago when I went down the entire organizational chart -- Commissioner Spence -Jones: Yes. Chief Orosa: -- to he able to send 33 people hack to patrol, and then again a few months later, another 10, we went through all that. And I don't think -- hut I71 check again -- that we have anybody in the capacity that is doing secretarial job that can go out on the street. Most of what could be inferred as a secretarial job is a little bit more than just that, and those are individuals that are limited duty. They cannot -- because of an injury, they cannot go out and work as a full fledged police officer. And we use those individuals in administrative positions, but it's not a secretarial position. Commissioner Spence -Jones: But -- and I guess -- Chief Orosa: But I'll give you a report. Commissioner Spence -Jones: -- what I'd like to have is what those administrative positions are and, I guess -- I'm assuming you have a documented reason as -- reasons as to why they cannot work the streets. Chief Orosa: Correct. Commissioner Spence -Jones: Okay, so -- Chief Orosa: It's -- usually it's -- Commissioner Spence -Jones: -- but just want to -- just -- 'cause it was brought to my attention so my job, as the official, is to ask the question -- City of Miami Page 82 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Chief Orosa: You're the boss. Commissioner Spence -Jones: No, I'm. not the boss. The people are the boss. But if you can at least provide me with that -- Chief Orosa: Sure. Commissioner Spence -Jones: -- I would greatly appreciate it. Chief Orosa: I will. Chair Sarnoff: Chief, just -- I'm going to go to Commissioner Suarez, but as long as you're going to respond to Commissioner Spence -Jones, I'm sure you'll respond to the entire Commission. But in addition to that, what I'd like to see, just the next column, if you will, is statistical analysis on worker's comp claims from '08, '09, '010 [sic], '011 [sic], to see whether there's been a spike in worker's comp claims and then people claiming they need light duly status. Chief Orosa: Correct. We will provide that. Chair Sarnoft 1 just want to see if there's an anomaly or if there's any, you know -- why that would be -- in '08, we had this many claims; in '09 -- 1 don't know that to be true or untrue, but I think that sort of dovetails into what Commissioner Spence -Jones is looking for. Chief Orosa: Correct. Chair Sarnoff: Commissioner Suarez is recognized. Commissioner Suarez: Thank you, Mr. Chairman. You know, when I discuss with people the crime rate and the number of officers that we've been down over the last few months, they often ask me, Well, what are you doing about it? And so, again, I want to echo Commissioner Michelle Spence -Jones comments about your efforts, Chairman, hecause I usually say, Well, the Chairman's been bringing up this issue every Commission meeting for, 1 think, a year and a half. So every two weeks, we've been trying to get the Administration to focus on thinking outside of the box and solving this problem. And today I'm somewhat encouraged to have to say -- by something that Mr. Alfonso said, that he was actually looking at the lieutenant position and the sergeant position and saying we're going to create another position, a police officer position. So we're not just going to wait until some of these things work themselves out, like the, you know, procurement of a lieutenant's exam, which could take -- and we know we've been struggling with that issue. And I think one of the reasons why you kept bringing this up was to get us to think that way, stop -- let's become a little bit untraditional because this is a problem that is very acute, as we all know. Commissioner Spence -Jones has also been harping on it in her district with the gun violence and the -- you know, the constant shootings that we read about in the paper every single day, sometimes twice a day. One of the things that also I think we should take a look at, you know -- 1 have no problem. being a tough negotiator. I think you all know that. I've negotiated a variety of things on behalf of the Commission. What I do have an issue with is negotiating when you say you're bankrupt, and then all of a sudden, a few months later, you change your tune and you say, No, I just found $40 million. So, you know, I think that there is -- you know, the negotiations niay have gone differently. We may have used different tactics, and we may not have had certain procedures available to us. And I think it's only fair that we take a look at some of the needs in the department -- Commissioner Spence -Jones: Yes. City of Miami Page 83 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Commissioner Suarez: -- particularly, one of the ones that I think has come up to me in terms of some of the police officers that I've spoken to is educational pay. We want to have officers that are educated. That improves directly the caliber of the kind of officers that we have. So it's not only important that we have new officers and that we have, you know, the right level of service because I think the Chairman has also brought up that issue, which is an issue of the future of where this department is going. We're going to lose officers and we really should be at a level that's twice what we're at, and that's something that the Chairman highlighted when he did the analysis of the number of officers per thousand residents. So, you know -- but we also want to support the officers that we have here. Obviously, equipment is one way to do it, you know, pay is clearly a way to do it. But I think there's also incentives, you know, with reference to educational pay because we want our officers to, you know, become more educated. I think that -- I think I spoke once with Armando Aguilar, Jr. and he was telling me that the quality of officers directly related to the educational qualifications that they have and the background that they have. So I think we should -- as an Administration, we should take a look at that. I'm not sure what kind o f an investment that is. I can tell you it's probably a very good investment because you're probably -- 1 guarantee you that the more educated officers are, the less likely they are to -- for there to he misconduct. I'm sure that there's a correlation between education and misconduct. And you know, we want our officers -- they're not going to he officers forever. We know that our officers sometimes retire because of the nature of the stress of their job at an earlier age, so they may have a second career beyond being a police officer. So I think it's incumbent upon us to do things that -- you know, when we did the 2009 cuts, they were very, very painful. And 1 think one of the things that we cut on was special pays. Commissioner Spence -Jones: Yeah. Commissioner Suarez: And I think we need to really look at -- I think it was done in a very kind of across -the -hoard fashion -- Commissioner Spence -Jones: Yes. Commissioner Suarez: -- and maybe we should look at doing things a little more qualitatively. And I think educational pay, for me, just like hazard pay with certain -- you know, we have a former Commissioner who was a firmer SWAT (Special Weapons and Tactics) officer, you know. In our neighborhoods, if you're going into clearing a building, you know, in our neighborhoods, post shooting -- we just had a situation in my district -- many of you were there. I saw you. Assistant City Manager Cabrera was there on 26th Avenue and 24th Street -- where we had officers that responded to an active shooting and had to clear a house where an 11-year-old boy had been shot four times in the hack by his father. He died the next morning. A 14-year-old girl was shot five times by the same person. I think she survived, if I'm not mistaken, hut she was taken to Ryder -- and by the way, if they would not have responded in the way they did, she may not have survived. The wife was also shot, and the person took his own life. But I think we really need to look at some of these qualitative things because it's one thing to cut -- to balance our budget with a very broad brush, but -- Commissioner Spence -Jones: But not on the hacks nfpenple. Commissioner Suarez: Yeah. And I think we have to be -- you know, we have to be smart about it, you know. We have to really -- it is an investment. It's an investment in our employees, but it's also an investment in our community because they are the ones, as Commissioner Spence -Jones said, that are responding to the incident. So those are nay thoughts on this issue. Thank you. Commissioner Spence -Jones: 1-- and Mr. Chairman, I just got to say 1 wanted to really commend Commissioner Suarez for, you know, the courage to continue the dialogue on the issue. And I do, as Commissioner -- excuse me, as the Manager mentioned, you know, earlier, yes, we do know that there's a two-year clause that we'll be looking at raises, but you know, sometimes City of Miami Page 84 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 you just got to do some things that are just right no matter what, you know? And if we see that we have the ability to do a little more, like Commissioner Suarez mentioned, whether or not it's education pay -- just something to let people know that you appreciate what they do, you know. And sometimes I feel like, you know, as city government, we lose humanity in all of these decisions that we're making. And I just, you know -- I just want to, you know, echo and commend you for just continuing to kind of push the envelope on that. To say, yeah, okay, but you know, the reality is, you know, when we were negotiating, we were in a different place, and then later on we found out that actually we were in a better place, so why not try to figure out a way to make these officers that serve this community, you know, feel as though that they're being valued and appreciated. And even if it's just a small token -- but it just show -- I mean, it just does so much for morale. And I'm going to say this about my chief, and I'm going to shut up. I am so -- I say we are so blessed to have a chief that will go beyond what he sees in front of him. And what -- with considering what he's had to deal with in these last six months or just taking over this position itself, it has not been an easy challenge for him, you know. And, you know, with officers that have gone astray and, you know, crime peaking in certain areas, you know, with all those things happening, you know, cuts that are happening to his officers, still trying to keep them motivated to go out there and serve on the streets has not been easy. But I'm telling you, if we as a body think, you know, the right thing to do is to at least show that, you know, we support these officers, even if it's on a smaller level, believe me, it will trickle down to how they're even serving the residents in our community so we get benefit from it. So I just want to commend Commissioner Suarez for pushing the envelope and saying, Hey, but there has to he an additional way we can do something. Chair Sarnoff.' All right, Commissioner -- no? Commissioner Gort. Chief I'd like to say some things 'cause it's been my issue, and it's going to continue to be my issue. And I think we've just touched the iceberg. Commissioner Spence -Jones: Yes. Chair Sarnoff.' But back in April of 2012, April 12, 2012, you came to this Commission, we were 84 officers down. We stayed 84 officers down until June. June, we went to 94 officers down. We stayed to 94 officers down through June -- July 26, and then apparently, Danny said we were 98 officers down. September 27, 2012, we were 87 officers down, hut we had 36 in field training office [sic] to be full-fledged officers in January of 2013. Unfortunately, you've since terminated or separated from employment about a dozen police officers. So by December 13, 2012, we were 87 officers down, still the 35 in FTO (Field Training Officers). Today presently, according to the January 24, 2013 minutes, we're about 50 police officers down. And it's been described to me what those police officers are and are not. Some of them, as a matter of fact, are described to me 6 detention, 29 basic recruits, which means we always had funded a number of what's called basic recruits; 11 lieutenants unfulfilled, and so the 1144 number is merely a goal, but not necessarily a true deployment. And that brings up, if you will, to me where we stand with regard to our police officers per 1,000. And I -- when I first got here, you know, a former police officer for a very short time, but having gone through criminology and having gone through the school system, understood the southern strategy of policing and the northern strategy of policing. And Chief, you did a great memo. I still think it's the hest memo ever done by the City of Miami. But what it demonstrated to me was you were saying we were at 2.6 or 2.1 -- 1 don't have the memo in front of me -- 2.6 officers per 1,000 residents in the City of Miami, but it certainly didn't account for 200,000 visitors per day. Now I've done some analysis that I didn't want to do because I thought by now we'd have a new memo that would demonstrate with that brought into it where would the City of Miami stand in other municipalities of 300,000 or more. And the analysis I've been able to do -- and I'm almost reticent to say this -- if you account fir the visitors, if you account for the fact that we're a full -service police department, meaning we have a robbery unit, a SWAT unit, a homicide unit -- I think we have just about every unit you can imagine -- that we would be under 2 officers per 1,000. And that would put us as the lowest city in the United States of any city over 300,000 people. I expected to get something back by now City of Miami Page 85 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 that would do that analysis. I just think -- we had this conversation, Chief: IfTm not mistaken, it was hack in December. The memo came out in Jan -- oh, I'm sorry. The memo came out in December. We had the conversation in January. It is now the end al Mar -- the beginning of March, just about. And 1 would like to have that kind of information out there because, you know, candidly, I'm going to push whether -- and whether my other Commissioners agree with me or not, whether the Mayor agrees with me or not, you know, I'm going to push for 100 new officers this particular next cycle of our budgeting. I'm going to push for another 100 police officers, and then I'm going to push for another 100 police officers. And based on my analysis -- again, I'm not the hest at math.. There are two to my right that are infinitely better. But my analysis will show we won't match Philadelphia; we won't match New York. We will barely match Atlanta. And yet, we continue to build high-rises, not at an alarming rate, but a good, robust rate. And I'm going to say for a moment, Chief I'm going to imagine it's $12 million a year, just a ballpark number, to put 100 cops out there. I might he right; I might be wrong. Danny might say you're about two million over; you're about two million under, or that's a good number to work with. And I'm going to bring up Joe Biden, my favorite politician in the world, not because 1 think he's the best at what he does, but he does say the coolest things in the world. And you know, Joe Biden -- and I've said it before -- is everybody talks a good game, you know. Everybody -- Javier Ortiz comes to me. Javi, I'm a cop fan. I'm going to support you, you know. Budget time comes; we don't have the money. Well, you do have the money. Thu have discretion and you have decisions to make. So in the words of Joe Biden, a man will tell you everything you avant to heat; what I call -- I've called it before, ear candy. But when it comes to his budget, you will truly find out what is important to a man or a woman, you know. And I'm going to demonstrate to this police force and I'm going to demonstrate to this community what I think is importantfrom rom District 2's standpoint. And Commissioner Spence -Jones, what I would tell you is not that those 100 cops should go to District 2 by any stretch of the imagination because I thought and I think a surge in District 5 might he part of the answer. Chief, you could say, you're wrong, that's not how you do it. That's okay. Ijust happen to think more police officers tend to breed less crime. And you might say to me, well, you know what, Commissioner, all you're going to do is arrest people and the judges are going to put them back out on the street and the prosecutors aren't going to prosecute. That's a fair statement; not saying you're making it, but that's a fair thing to say and we can figure out from the criminal justice standpoint, maybe it's right. Certainly, your predecessor, Chief Fernandez, used to say to me, Commissioner, show me somebody who I haven't arrested, and I'll huy you dinner. And he -- never once did he buy me dinner 'cause you had arrested somebody at leastfive to six times before. That's an issue. Now with regard to pay -- 'cause I think Commissioner- Spence -Jones and I think Suarez -- Commissioner Suarez are right. Right now you are in the bottom of the 1 -- of the 50 percent quarantile. So that means that there are a lot of cities ahead of us. City of Miami is never going to he the best paid police department. We're not the City of Sunrise. We're not the City of Lauderhill. We're not some o f the -- Miami Gardens, I'rn still trying to figure out how they're paying people, and I think they're going to. figure that out pretty hard, too, but there're very high -paid police forces. But this is the police farce that has the highest calls for service of any police force in the state of Florida, bar none. And I would say to you the County, if you did the same pro rata basis, doesn't even compare to us, yet their pay is significantly more, not that we need to be the County because, candidly, while the County does have good pay for their police department, Mr. Ortiz, they also don't fix their streets 'cause they have no money. So, you know, that's a balancing act that everybody's got to play. But I'm saying to Commissioner Spence -Jones, maybe it is we bring them up to the bottom of the 25 percent quarantile. They need to be brought up to that level so that a police officer -- so the difference between a top paid police officer -- let's throw out the top three because the top three are ridiculous. Commissioner Suarez: They're all liars. Chair Sarnoff • Yeah, they're anomalies. But if the difference in pay in a City of Miami police department is $4,000 of going to another place, I think that's an acceptable mode. But it can't be a big disparage [sic]. And I think Commissioner Spence -Jones is right. The other thing that's City of Miami Page 86 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 happening is called compression. And compression in the police department is happening because people are not getting step pay increases. And also, there's compression happening, Chief, candidly -- and this is something this Commission could do, and I got to tell you, I think we all interact with our commanders. And at that level, at that staff level, these guys have not seen a pay increase in a very, very long time. And I don't know about Suarez, and I don't know about Carollo, and I don't know about Spence -Jones, and I don't know about Gort, but when something goes wrong in my neighborhood, the first person I call is my commander, and he catches a load from me, a load. And just like Gentry caught a load from me yesterday -- Do I think he could have stopped that rifle from going off even fit did go off. No. But that's who we complain to, and they haven't seen an increase in pay in a significant amount of time. And if you give a man responsibility or a woman responsibility, he's to show some pay increase associated with that responsibility. Otherwise, you know, there's no -- I don't want to say there's no reason -- 'cause I think a police officer -- I don't think his reason is really to get paid 'cause I think it is probably the highest form of public service you can imagine. But I think they have to he paid commensurate with what they're performing. I think that's just the American way. And you know, with regard to pay, with regard to education, 1 know there's an education component in the contract, Chief. I know it's been frozen. But I -- and I think everybody saw my e-mail (electronic), which was essentially Mr. Ortiz's e-mail that showed a statistical -- you know, let me tell you something, how long the police department's been at this. When I was coming out of University of Tampa and I was being offered a job by the Hillsborough County Sheriff's Office, I hit the trifecta, Chief. I was a bachelor -- Bachelor of Science. I had a criminology degree, and 1 was Jewish. And you might think to yourself, why the Jewish part? Well, they had one other Jew in their department of 600 officers, so they were ecstatic. They were hitting the trifecta right there. Now, you know, I just -- I was what they wanted. But it just surprises me how much people were attracting police officers back in 19 -- if I'm wrong, I apologize. Herald, don't quote me -- 1982, 1981. They were looking for college -educated police officers back then and they were paying college -educated police officers. And I het if I did a comparison of '81 to today, it wouldn't be statistically that significant. Now not that college is the high watermark of necessarily being a good cop, but there is a correlation, according to the Rand Study, of proclivity to pull out a gun and use it and use your discretion in terms of trying to resolve a situation peacefully. So I've said a lot, but here's what I'm looking for from you. The Manager asked you to do something that I'm not sure you should do or could do, but as long as he's asked, I'll live with it. I'd like to see your response to how many police officers you think we need. I'd also like to see that analysis to see if it even mirrors my numbers -- and what I'll probably do is go to Suarez or Carollo to get my numbers verified -- but to see when there's 200,000 people in the City ofMiami -- and that doesn't include visitors, by the way. Those are the people that come in day in and day out. If, you have a Heat game, if you have a Performing Arts Center, if you have Ultra, you know, you have 200,000 people right there. Chief Orosa: Workers in downtown. Chair Sarnoff. Well, the workers in downtown are the visitors, right. Those are the people visiting Miami. Vice Chair Gort: Health District. Chair Sarnoff • What is the real statistical -- what is --? Do we go down to 1.9? Are we at 2.1? Are we at 2.0? Chief Orosa: Well, let me start answering all your questions the best way I can. First, my apologies for not submitting any other documents. I didn't think it was necessary because the Administration had agreed to hire the 100 cops so, you know, that, for me, was a great success and a gimme. It's. just a matter of now how do we go about it and how do we fund those positions. So my apologies, but we will submit that study to you. The other issue you mentioned, compression. Yes, we haven't been with step raises, I believe, for four or five years. And the staff City of Miami Page 87 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 level positions, they haven't been with a raise for probably four or five years the same. So you have some senior lieutenants that are making probably as much as a commander with a lot less of the responsihility, so that's the problem it leaves in the compression. You have senior policemen that are making just as much as a rookie sergeant without a lot of the responsibilities, so, yes, that's an issue there. Regarding to salaries, I believe we're 33rd, 34th, at the bottom of 52 agencies in South Florida. And for example, if you compare ourselves to the County, we start at 44, the County starts at 50. I will be the most happiest person ifI can get anything for my officers because, like Commissioner Spence -Jones said, that a happy employee is a productive employee. So whatever the -- this body and the Administration decides to do as benefits, I'll he more than happy to give it to my employees. Regarding the college -- the educational issue on the college side, we did have a payment for each degree that you may have, but it was basically frozen or taken away during the last few years. My understanding from talking to Danny, it's back in the budget, and I think we can probably start it, if it hasn't started already, to he able to do that. And lastly, you're absolutely right; the better you're educated in the police department, the less likelihood of being fired. The higher degree, the less likelihood you're going to get fired. The lower degree, such as a high school, the more likelihood that individuals will be fired. Chair Sarnoff: Well -- Chief Orosa: So -- Chair Sarnoff: -- let me speak to Mr. Manager right there, 'cause I think you're getting a sense or census from all of us that while we think there's a new contract in 2014 -- and I said this once before, and I want to put it in position of this conversation. There was about a $4 million savings from the police department's budget this year. And I said this once before to be funny and maybe a little hit quirky, and of course, the Herald didn't print it because it was funny, it was witticism, and they don't think I'm funny or witty at all. But -- Commissioner Suarez: I do. Chair Sarnoff: -- the only savings that I want to see from the police department are lives and property. Commissioner Spence -Jones: Yeah. Chair Sarnoff. So what I'd like to see is a plan at the midyear adjustment. And that plan could be a bonus. I'm not looking -- you know, the beauty of bonusing, number one, doesn't affect pension, so it's not a long-term problem. Number two, it is, as Commissioner Spence -Jones said, a thank you for hearing with us, and it does something for a police officer, which is also true. You know, if, intact, these cops went out and put simian their Visa card because they weren't making what they needed to make, what a great idea to bonus them. I don't know if that's 500 bucks. I don't know if it's $1, 000. I don't know what it is. But whatever that is -- and they see a thank you in June, July or some point of our midyear adjustment to say -- and maybe it goes -- I don't even know if it's just across -the -hoard the same amount for everyone. I think that's a debate far this Commission whether it's increasing hased on your level of skill and level of -- What do they call it? Level of -- Tice Chair Gort: Performance. Chair Sarnoff: -- responsibility or performance. Vice Chair Gort: Or performance. Chair Sarnoff: Maybe we do let them have a performance bonus. And I think an absolute look at what we are hiring people at -- Because if we're going to he competitive, if we're not going to City of Miami Page 88 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 have shootings -- you know, the strategy should he to get as much of an educated person as you can and also to educate those in the department that want to be educated because some people do not have the means that will he coming in here with high school diplomas that are good people. And they may want that college stipend, if you will --1 don't know what the right word in the contract is, that two or three or four thousand dollars, and they may want to go to Miami Dade Community [sic] College. They may want to go to FIU (Florida International University). They may want to -- however it is they can work it in their schedule. And 'just want to make sure you come hack with some plan, some strategy, and I just want -- and I've talked enough, and I'm going to let somebody else speak. But I want everybody -- I just think that this is a good issue. And very rarely does good politics make good policy, but this is one of those rare occasions that good politics make good policy. You're recognized, Commissioner Spence -Jones. Commissioner Spence -Jones: I'm just, you know, blown away with, you know, the humanity that I'm seeing with my fellow colleagues on the dais. We all know that our City employees have had to endure much. Over the last two years, even in this last budget cycle, the feeling that came out afterwards, after we had basically said the City was going into, you know, financial -- what's the word,, financial --? Commissioner Suarez: Urgency. Commissioner Spence -Jones: -- urgency, and we were all alarmed even being briefed and then later, you know, finding out that, you know, we were not, thank God, no -- nothing disrespectful to Danny. I'm glad actually Danny found it. That was a blessing, right? But I think that if there's nothing else that I've heard from today's discussion is that we definitely need to rethink things during our budget -- what is it, budget --? Chair Sarnof: Midyear adjustment? Commissioner Spence -Jones: Yeah, midyear adjustment, to kind of address, you know, at least making sure that our City employees, especially our police officers -- 'cause at this point, we are down in numbers. At this point, the morale is low. At this point, we need to do whatever it takes to keep people excited and feeling good about where they work. And I want to just add to you -- please, continue to push far the 100 officers. I just want to make sure you're not going soft on the 100 officer 'cause we still need the officers. But what 1 do want to send -- 1 want to use this as -- just as a quick little example. And I don't know if you guys know about -- I've been studying on the battle of Gideon and, you know, one of the things that's a very interesting part of the story, in the midst of the story, there were soldiers, like, I believe, 135,000 soldiers and, for whatever reason, God had said -- I'm just using this as an example to explain to you how, you know, the numbers were reduced from 135 to 300, you know, soldiers at that point. And in the midst trial! of that, the 300 soldiers was actually enough soldiers to actually win the battle and it was because their hearts and souls were in the right places. That's wiry they won the battle. It wasn't really necessarily about the number ofpeople that were fighting the battle. It was the number of people that had their heart and soul in addressing the issue. And I think that part of our issue -- I think that if our police officers knew, you know, that there was some consideration or passion or support from the standpoint -- No, we can't do as much as we would like to do, hut that bonus that you just mentioned goes a long way. 1t shows people that you appreciate them, you value them, and you know that, you know, they're a very important part of keeping our safe -- our streets safe. So with that being said, I just -- I wanted to say that I think it's extremely important -- we may not have all the numbers we need, you know, to win this war against crime and to address all these issues we have, but if fthe officers that are serving us now or serving this community really feel as though, you know, they have an Administration that's supporting them, they will put their heart and soul into serving and making sure that our streets are safer. So I just want to commend you, Commissioner Sarnoff, and your leadership on this, this issue on all levels, you know, one, pushing for the officers, and now, you know, saying, hey, look, let's rethink this thing. Let's, you know, figure out what we must do to address, you know, the need City of Miami Page 89 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 that's there. And I know that see people in the audience -- I see my other unions chomping at the hits, and I'm sure that's why the Manager's like, Oh -- and "just think that, you know, this particular issue -- and I'm not saying the other unions aren't important 'cause they are and you guys have to fight Ibr your employees -- but 1 think in this particular instance, because of all of the issues that we are having on the streets and the number of guns that are on the streets and the gang activity that's increasing and the robberies that are increasing, I think that ire definitely need to, you know, look at police as one of the major things that we need to focus on, not saving that we don't need to focus on the other ones, but I think that that should be part of our first step with, you know, looking at how we support our City employees. Chair Sarnoff • Commissioner Gort. Vice Chair Gort: You know, I think all we're discussing here is very important. I think all of us understand the importance of our employees and make sure we're fair with them. But at the same time, when we talk about bonuses -- and let me tell you, I'm -- in my business, I was a beneficiary of bonuses, but I had to produce "X" amount of -- before 1 received the bonuses. This bonuses being across, we have to make sure based on performance -- Commissioner Spence -Jones: Yes. Vice Chair Gort: -- and we have criterias [sic]. Because one of the biggest morale booster or down in the departments is when you have someone making "X" amount of money and next door you got a person working as hard and this person is not working and performing and is getting paid the same. They're going to say, Why am I going to work if I'm not going to get paid the same. So this is -- Commissioner Spence -Jones: No, I -- Tice Chair Gort: -- something performance, and I think it's something that we have to work with. And this is something I have requested of all the directors. I don't think we had performance before -- evaluations before. We need to have those things. And I agree, I think we -- our employees -- we need to understand public safety is very important, but they need support staff. Without support staff it makes it very difficult. So when we talk about the public safety, we also have to talk to employees in general, and 1 agree with you all. 1 think we got to. find a way to find funding. And people have to remember, we made decisions during verytough time, so people -- we all understand that. And our commitment was, if things improved, we will improve it for everyone. Commissioner Spence -Jones: We sure -- so true. Chair Sarnoff • All right. Anybody else? Commissioner Suarez. Commissioner Suarez: Yeah. "just wanted to say the reason why I thought educational pay was a good one is 'cause the value added, and then it gives people an incentive, you know, to add value to their own lives, and it adds value to the City of Miami. So there's a -- kind of a perfbrmance component to, you know, taking advantage of that supplement, and it's something that will not only value the person post -retirement, but it will also -- it'll also add value to them as a City employee. And I think it's also a morale boost, and I think it's a -- you have greater self-confidence when, you know, you've attained more and more education in your career. Chair Sarnoff: All right. I see you're up there. It's not a public hearing. I'm going to give you both 30 seconds, and it's a hard 30. You're recognized for the record, Mr. Ortiz. Javier Ortiz: Thank you. Sergeant Javier Ortiz, with the Miami Fraternal Order of Police. I just want to thank some of the Commissioners that have really taken interest. Commissioner City of Miami Page 90 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Francis Suarez, Commissioner Sarnaff; and Commissioner Spence -Jones, I greatly appreciate it. Just to talk a little hit about what Commissioner Gort said, you're right; across the street at Miami -Dade Police, you make $6, 000 more. We're not asking for raises. We're asking for our benefits to be restored. That 3 percent that we're getting later this year, that 3 percent is actually 1.5 percent, and it was -- that raise was bought with concessions in which we gave up in this last contract. So, again, I look forward in working with all of you. We have raised the -- our -- what's it called? We have raised -- Chair Sarnof And in conclusion. Mr. Ortiz: In conclusion, thanks for all your help. Thank you. Chair Sarnaff: Thank you. Anthony Hatten: Anthony Hatten, union president, Local 1907. I thank Commissioner Gort fbr, you know, saying we took cuts and we took pay cuts, and we took -- we took pay cuts, and step raises we haven't gotten in a couple of years either. And I'd like to ask, Alfonso, when are you going to bring the people in to take -- the ones that are in the DROP, that they're leaving -- Do you have a timefi^ame where you're going to bring them in so they can be taught how it works before the -- all the educated people, you know, leave the City of Miami, where, you know, the new employees will he lost until they get caught up? Chair Sarnaff • And in conclusion. Mr. Hatten: I'd just like to thank everybody, and Alfonso, can you answer that question for me? Thank you. Mr. Alfonso: As we stated, all the directors have identified their key positions and they're putting into their budget request a timeframe for overlapping budgets. Mr. Hatten: You have it narrowed down? Chair Sarnof Thank you. All right, Chief, expect to get the memo; Mr. Manager, strategies, implementation; no gerunds, right? We have completed. We are ready to ga. Okay. All right. Thank you very much. Commissioner Spence -Jones: Thank you very much. And Mr. Chairman, we're going to ask -- that's for the next City Commission meeting, right? Okay, great. Chair Sarnaff: We'll keep them on the agenda, but we'll be brief. We're going to be a lot more brief than this. Commissioner Spence -Jones: This was a good -- that was good item. Chair Sarnaff: It's a good discussion. It just bought about an hour's worth of time. Vice Chair Gort: I believe we don't have a chance, because of the sunshine law, to discuss a lot of the things. I think this is very important. Commissioner Spence -Jones: Yeah. Chair Sarnaff: 1 -- look, I enjoyed it. I'm just looking at Commissioner Carolla, who apparently is saying, come on, let's move this along. DI.6 DISCUSSION ITEM City of Miami Page 91 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 13-00234 District 2- Commissioner Marc David Sarnoff DISCUSSION OF STORMWATER UTILITY FUND USAGE. 13-00234 Email - Stormwater Utility Funds Usage.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Chair Sarnoff.• PZ.1. Commissioner Suarez: Mr. Chair -- Chair Sarnoff: PZ.2. Commissioner Suarez: -- I have a time certain item. I don't know if -- Chair Sarnoff: I know, so did they. Commissioner Suarez: Okay. Sorry. My apologies. Chair Sarnoff.• You want to -- PZ.2 is yours. Commissioner Suarez: No, no, no, go ahead. Let's take it up. Chair Sarnoff: I'll take yours right -- Commissioner Suarez: No, no, let's do it right after. I think this is a noncontroversial item. Chair Sarnoff: Hopefully. Commissioner Suarez: 1 sincerely hope so too. Chair Sarnoff.• My apologies. I just wanted to -- Commissioner Suarez: No, no. Chair Sarnoff: You're ready? Nelsen Kasdin: Yes, Mr. Chair. Chair Sarnoff: Is Francisco here? Is he --? Mr. Kasdin: Francisco would start, though. Maria J. Chiaro (Deputy City Attorney): PZ (Planning & Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 zoning code. Before any PZ item is heard, all those wishing to speak will be sworn by the City Clerk. Staff will briefly describe each item as it is heard. The members of the City Commission shall disclose any ex parte communications. The appellant or City of Miami Page 92 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 petitioner will then present the request and may waive the right to an evidentiary hearing. The order of presentation shall be as described in the City code. Members of the public will be permitted to speak on certain petitions. The City nfMiami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone fir agreement to support or withhold objection to the requested action. Any documents offered to the City Commission that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. Before I administer the oath, will anyone require a Spanish or Creole interpreter? The City Clerk's comments were translated by Carlos Iglesias, official Spanish interpreter, and Ralph Desmongles, official Creole interpreter. Mr. Hannon: Thank you. Anyone speaking on today'.s planning and zoning items, ill could have you please stand and raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those giving testimony on zoning issues. Mr. Hannon: Thank you, Chair. Later... Chair Sarnoff: All right. Vice Chair Gort: RE.9. Chair Sarnoff • Oh, RE.9. Tabled RE.9. Commissioner Spence -Jones: No, we didn't do RE.9. Commissioner Carollo: No. We deferred it. Chair Sarnoff • I don't think we did. Commissioner Spence -Jones: Yes, we did. Chair Sarnoff: I think we -- Commissioner Carollo: Yes, we deferred it. Commissioner Spence -Jones: We deferred it to the next meeting to give us all enough time. Chair Sarnoff: Is that correct? Vice Chair Gort: Yes. Alice Bravo (Assistant City Manager/Chief of Infrastructure): Yes. Chair Sarnoff: Well, I thought we tabled it. Commissioner Carollo: No. Commissioner Spence -Jones: No. City of Miami Page 93 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 PZ.1 11-00380ap1 Chair Sarnof f: I -- all right, tabled. Commissioner Carollo: It was deferred. Chair Sarnoff.' All right, tabled. Last thing I need to take up on mine, I've been asked to reconsider PZ.3. PZ.3 was the issue with regard to Curtis Lane. We had put it to the light Commission meeting. They want to bring it back to the next Commission meeting. Commissioner Suarez: Move the reconsideration. Chair Sarnoff.' Thank you. Motion -- Commissioner Carollo: Second. Commissioner Spence -Jones: Second. Chair Sarnoff.' -- for reconsideration, second. All in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnoff: Okay. Now -- Commissioner Suarez: How do you -- when do you want to defer it to? Chair Sarnof f: Ijust need it contin -- deferred, right, to the next Commission meeting. Commissioner Suarez: 1 defer it to -- move to defer to the next Commission meeting. Commissioner Carollo: Second. Chair Sarnof f: We have a motion. We have a second. All in favor, please say aye." The Commission (Collectively): Aye. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, PURSUANT TO ARTICLES 3 AND 7 OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AN AMENDMENT TO THE PREVIOUSLY -APPROVED BRICKELL CITICENTRE SPECIAL AREA PLAN (BCC SAP), CHANGING THE NAME OF THE PROJECT FROM BRICKELL CITICENTRE TO BRICKELL CITYCENTRE, AND BY ADDING ADDITIONAL PROPERTIES GENERALLY BOUNDED BY SOUTHEAST 5TH STREET ON THE NORTH, SOUTHEAST 6TH STREET ON THE SOUTH, SOUTH MIAMI AVENUE ON THE WEST AND SOUTHEAST 1ST AVENUE ON THE EAST, MIAMI, FLORIDA; THE ADDITIONAL PROPERTIES HEREINAFTER KNOW AS "BCCN2" WILL: A) ADD APPROXIMATELY 42,821 SQUARE FEET (0.98 ACRE) OF LOT AREA FOR A TOTAL COMBINED LOT AREA OF 436,499 SQUARE FEET; B) INCREASE THE RETAIL / ENTERTAINMENT AREA BY 78,765 SQUARE FEET FOR A TOTAL OF 634,966 SQUARE FEET; C) INCREASE THE RESIDENTIAL COMPONENT BY 350 UNITS FOR A TOTAL OF 1,174 UNITS; AND D) INCREASE PARKING SPACES BY 772 SPACES City of Miami Page 94 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 FORA TOTAL OF 5,519 SPACES. THE SQUARE FOOTAGES ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT NOT TO EXCEED A TOTAL OF 6,415,877 SQUARE FEET OF FLOOR AREA OR LESS THAN 26,000 SQUARE FEET OF CIVIC SPACE; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00380ap1 CC 03-28-13 Fact Sheet.pdf 11-00380ap1 Analysis.pdf 11-00380ap1 Maps.pdf 11-00380ap1 PZAB Reso.pdf 11-00380ap1 School Concurrency.pdf 11-00380ap1 Second Reading Revisions.pdf 11-00380ap1 CC Legislation (Version 3).pdf 11-00380ap1 Exhibit A.pdf 11-00380ap1 BCCN2 Binder Cover & Contents.pdf 11-00380ap1 BCCN2 Tab A.pdf 11-00380ap1 BCCN2 Tab B.pdf 11-00380ap1 BCCN2 Tab C.pdf 11-00380ap1 BCCN2 Tab D.pdf LOCATION: Approximately 529 South Miami Avenue; 6 SE 5th Street; 5, 9, 17, 23 and 27 SE 6th Street, Generally Bounded by SE 5th Street on the North, SE 6th Street on the South, S Miami Avenue on the West, and SE 1st Avenue on the East [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Spencer Crowley, Esquire, on behalf of Brickell CityCentre Project LLC and Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions*. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with conditions* to City Commission on February 6, 2013 by a vote of 11-0. *See supporting documentation. PURPOSE: This will amend the SAP by changing the name of the from BRICKELL CITICENTRE SAP to BRICKELL CITYCENTRE SAP, further amending the Special Area Plan, it's Regulating Plan and Design Guidelines by adding abutting parcels to the north of the current northeast boundary of the BRICKELL CITICENTRE SAP project to include an additional 42,821 square feet of lot area for a new lot area total of 436,499 square feet or approximately 10.01 acres. The proposed amendment underscores the significant investment in the City as the projected cost of the overall development approaches one billion dollars $1B, generating over $6M annually in city General Fund Ad Valorem taxes. Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gott, Sarnoff, Carollo, Suarez and Spence -Jones City of Miami Page 95 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Chair Sarnof f: All right, Mr. Planning Director, you're recognized for the record on PZ.1. Francisco Garcia: Thank you, sir. Francisco Garcia, Planning & Zoning director. Items PZ.1 and PZ.2 are companion items. My apologies. My apologies. Items PZ.1 and PZ.2 are companion items. Item PZ.1 is an expansion of the existing Brickell CityCentre special area plan, and item PZ.2 is an amendment to the development agreement that also exist, basically, to encompass one additional block to the north, just south of the Miami River, to the -- to this project. The applicant will explain to you what the project consists of, of course, hut basically, it adds a commer -- additional commercial square, footage, as well as a residential tower that will he approximately 528 feet in height and have 300 additional -- 350 additional residential units. We have reviewed the proposal. We are recommending approval with conditions. Those conditions are on the record, and I'm happy to go over any of them as you'd like. And it is also worthy of note that the Planning, Zoning and Appeals Board heard this item on their February 6 meeting and they recommended approval by a vote of 11 to nothing, unanimously. I'll yield to the applicant for further presentation, and 1'l1 be happy to answer any questions you have. Chair Sarnoff' Thank you, Mr. Director. You're recognized for the record, Mr. Mayor. Neisen Kasdin: (UNINTELLIGIBLE). Chair Sarnoff members of the Commission, Mayor Regalado. It a pleasure to he here. Neisen Kasdin and Spencer Crowley ofAkerman Senterfitt, on behalf of the applicant, Swire Properties. I'd also like to just take a moment to thank Commissioner Spence -Jones, the Commission, and the Mayor for the richly deserved recognition this morning of our colleague, Joel Maxwell. We were not -- Joel is, as you may know, so self-effacing that he didn't tell us all that he was going to he honored this morning and we were proud to see that he was. Also with me today is the full Swire team, hut will just introduce the principals. Of course you all know the Steve Owens, president of Swire Properties, Chris Gandolfo, the vice president of the development, from Arquitectonica as well, Bernardo Fort -Brescia, who is the lead architect on this project, and Sherri Gutierrez. Other members of the team are here to respond to any questions that you may have. What you're looking at is Brickell CityCentre, which was approved by the City Commission on July 28, 2011. Now, this project has received a substantial amount of local, national, and international press attention, and we have a clip of some of that press attention, but think, in the interest of time, you may want us to not show it because I think you're all quite, familiar with this project and the impact that it's had on our community. We will skip through that. But the first project that was approved, Brickell CityCentre, it was 9 acres, 5.5 million square feet of total floor area, 530,000 square feet of retail -- the first major retail shopping district in the downtown area -- 925,000 feet of office, 290 hotel rooms, plus 75 service apartment units, 755 residential units, 1,300 parking spaces below grade and 2, 700 parking spaces above grade. The success of the Brickell CityCentre project is apparent not only in the substantial amount of development that is taking place around it, but with the recent announcement that they had been joined by Bal Harbour shops in the development of retail shopping center. That is quite a feather in the cap of the City of Miami. What we are here before you on today is the next phase of Brickell CityCentre, which we call North Square. And ifI may backtrack for one moment. You were told before about the economic impact of the original project, which was an overall economic impact of $1 billion dollars, with approximately 2,300 construction jobs .for up to four years, 3,800 permanentjobs, and an increase in ad valorem taxes to the City of Miami in excess of $5 million a year. Now the project is growing even larger because the market recognizes it, demands it, and it is going to he more of an asset to this community. And what you're looking at here is the site we call North Square. It is between 6th Street and 5th Street, expands the project further north. And as you can see, what it will result in is the addition of one residential tower, and underneath that an expansion of the retail podium which will be able to accommodate an additional anchor department store. The SAP (Special Area Plan) was approved by the Coordinated Review Committee in January, by the UDRB (Urban Development Review Board) on February 4, and there were some comments from the UDRB, a number of which have been incorporated in City of Miami Page 96 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 revisions to the design, and unanimously approved by the PZAB on February 6. The development program for North Square is approximately 80,000 square feet of retail, approximately 350 residential units, an additional 250 parking spaces he/ow grade and 500 parking spaces above grade. As you will see, this is a -- as Bernardo will show you, it's a rather narrow lot, and the expansion of Brickell Cities [sic], and a challenged lot. And so -- 'cause it is tucked sort of under the Miami Avenue Bridge, and this is actually the ideal development program for that site. The economic benefit and impact of North Square will also be substantial with another 300 million to the local economy, with another 250 permanent jobs upon completion of construction, an increase -- an additional increase in ad valorem taxes to the City of 2.2 million a year, a City of Miami parking surcharge increase of 200,000 per year, an additional permit and impactfees of approximately 2.3 million. One thing that I would also like to point out is one of the guiding things behind this project, at the direction of Steve Owens and the Swire team, has been to enhance Brickell as a great pedestrian neighborhood tied into transit, to improve the circulation of traffic within and near the Brickell district, and improve the pedestrian experience as well. And what you will see is that one of the additional benefits of North Square is that it will close a missing link in the greenway underneath the Metromover, linking it to the Miami River greenway. If you look at the -- what is before you on the screen, you will see the southernmost block of Brickell CityCentre where the Metromover station, as you know, is being incorporated into the project. That is the next block north, which is between 7th Street and 6th Street, which you see expands the greenway underneath the Metromover where it doesn't currently exist. And with the addition ofNorth Square, we will complete a link that will tie the greenway to the existing greenway that runs to the river, thereby improving pedestrian connectivity and a great amenity and asset for the residents of downtown. And that is the link of greenway that is actually already developed and will he connected. One of the other interesting aspects of the expansion of North Square is that it connects, of course, to the Miami River greenway, but very importantly, if you look at the intersection of 6th Street and the Metromover greenway, you will have an active node there with active retail and residential lobby spaces on the -- on three of the four corners; on the west side, that is the new building and North Square; on the east side of that is the My Brickell condominium, which is in construction, which will have active space on the ground floor; and on the north of that is the Brickell River development, which already has active retail space. So you're creating a great node of activity for pedestrians along the greenway, further drawing people in off of Brickell Avenue and connecting the west of Brickell Ave -- the west side of the Brickell district to the east side of the Brickell district. At this time I'd like to turn the presentation over to Bernardo Fort -Brescia, who will take you through the design. I would like to reserve some time at the end to respond to any comments that may have been made. One thing I will tell you is there has been extensive outreach on the part of the Swire team to neighbors, both residential and commercial neighbors, and they have a strong support of virtually every surrounding property owner, including a presentation at the PZAB meeting, the letter, which is part n f record. When the major neighboring property on, under Mr. Matas, who brought all the land to the north which runs to the river and the Tobacco Road block as well. So we lookforward to your approval in separate votes of both the SAP as well as the development agreement. And I turn it over to Bernardo at this time. Bernardo Fort -Brescia: Thank you. I'm Bernardo Fort -Brescia, 2900 Oak Avenue, Miami, Florida. Neisen spoke to you about what this additional block does to completing the vision for this new district that is being created, for Brickell Avenue, and the last image that you see is a very important one because it is the moment when the building interacts with My Brickell face to face with retail and residential and is the linkage to the river. It is -- in this overall view of the master plan, the top rectangle is the portion that we are talking about today. It is an additional block, about half the size of any of the other blocks that are part of Brickell CitvCentre, but an important one because it allows us to introduce a second department store at the other end n f the pedestrian walkways that traverse these various city blocks, and it anchors that other end in the classics or dumbbell scheme that we all know has proven to he successful in retail development everywhere in the nation, in the world. Here are the images of the existing site. And I show you this because, unlike the other sites of Brickell CityCentre, this one is already depressed with City of Miami Page 97 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 respect to the rise towards the bridge. It is a difficult site that, if it weren't that a department store is linking back to Brickell CityCentre would have a difficulty being developed on its own. You can see here how very -- the bridge actually rises quite rapidly to the extent that at the other end of the block, already there is a passage underneath the bridge to link below to the other side, and it presents onto our side a fairly large retaining wall. This meant that it n'as logical that what may be on grade but actually from the bridge is subterranean in its relationship, that is, we were able to hide the loading areas that are necessary for a major department store of this kind and for the residents above. It is -- in fact, I have to say that the strategies that are being used in this block are consistent with the same strategies that we have used in all other blocks of Brickell CityCentre in which we hide all the loading within the envelope of the building and that trucks go in in one side and exit on the other and we move them out and -- but they maneuver largely internally and -- which is important, and the same applying to the drop-offs and the accesses to the garages. This is where the building occurs, and this is one of the streets leading to it. And you can see here how the concourse would eventually link into the department store at the end and the -- and complete the sequence of shopping with an anchor that terminates the northern end of the development. In this image you see now the new tower introduced and the new block introduced in the continuation of the climate ribbon and that similar strategy of linking with the forces that shape the neighborhood. There's an -- below -grade we have an extension of the existing garage and, therefore, the urgency of proceeding with this because, as you know, the basement is under construction and we need to continue that construction to the other side simultaneously and -- hut it also affords the ability to exit that rather landlocked site, for those who choose to, through the underground connectors to other streets and not be trapped in that inner portion of Brickell Avenue. It is also the same strategy of connecting to the People Mover continues. We bridge across no different than we do in the other phases. So we are following that plan consistently of linking to mass transit and making the traffic for visitors to the shopping neighborhood easy. It is -- I think this is really the essence of what we are asking you to approve today, as an expansion of a previously approved SAP following the same principles and guidelines that we have used for the balance of the development. Thank you very much. Chair Sarnoff. Thank you. Mr. Kasdin: That concludes our presentation. We're available for questions and the response. Chair Sarnoff: Thank you. Commissioner Suarez: Move it. Chair Sarnof f: All right, we have a motion by Commissioner Suarez -- Commissioner Carollo: Second. Chair Sarnoff' -- second by Commissioner Carollo. It's a public hearing. Anybody wishing to be heard on PZ1 and PZ.2 for the record, meaning you can discuss either one and it will be considered on both, please step up. Mr. Tucker Gibbs, you're recognized for the record. Tucker Gibbs: Good afternoon, Mr. Chairman and members of the Commission. My name is Tucker Gibbs, of law offices at 3835 Utopia Court, in Coconut Grove. And I'm here tonight as -- this afternoon representing Frame Art and Graciela Zayden, who own the property at 96 Southwest 7 Street, adjacent to the western property line of the Brickell CityCentre. You all may remember July 28, 2011, when I stood here before some of you -- all of you, I think, and spoke to you all about my client's concerns about this project, and the concern centered on the construction -related issues: damage to her business, dust, vibration, noise, and damage to her building, and safety issues. And the City and developer made certain commitments that day that these issues would be addressed and, yet, here we are two years later and with dust and vibration and noise all negatively impacting my client's business. City of Miami Page 98 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Mr. Kasdin: Mr. Chair, for the record, we object. He is talking about the approval of phase I, his property, which is blocks away from North Square. Mr. Gibbs: I can address -- Mr. Kasdin: That is a separate issue. If he has problems with that, he can bring it up with the City and we're willing to address that as well. But this has -- what he's talking about has nothing to do with the approval that's hefore you. Mr. Gibbs: Mr. Chairman. Chair Sarnoff: Well, let's -- Mr. Gibbs: Never mind. Chair Sarnoff : Let me speakfor a moment. Let's note your objection for the record and let's also see if you can link it up because he has a point; you're complaining about something that happened at a different Commission meeting and now he's asking for an approval one, two, three blocks away from you. Mr. Gibbs: This is a unified parcel, is it not? Chair Sarnoff.' This is an extension of an existing MUSP (Major Use Special Permit). Mr. Gibbs: Right. And -- Chair Sarnoff: An existing P -- Mr. Gibbs: SAP. Chair Sarnoff: -- SAP, but -- Mr. Gibbs: My under -- oh. My understanding -- Chair Sarnoff.' I'm just asking you to link it up. Mr. Gibbs: Right. My -- and I am going to -- understanding is this is an amendment to that SAP, which means it's going to he brought in as one parcel. It may he phased, hut it one parcel. And what I'd like to do is explain to you all that whatever he's doing now impacts my client because his project's going to be bigger and there are access points to his project right next door to my client's property. But the fact is -- Chair Sarnoff: That existed before. Mr. Gibbs: Right, but it's going -- Chair Sarnoff: I got you. Mr. Gibbs: -- to he more traffic -- Mr. Kasdin: Mr. Chair. Mr. Gibbs: -- and it's a unified parcel. City of Miami Page 99 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Chair Sarnof: I'll tell you what, Mr. Kasdin. Mr. Kasdin: Okay. Chair Sarnoff • Let me let him make his record. Mr. Kasdin: Sure. Chair Sarnoff And I understand what you're saying and I think the other Commissioners do as well, so go ahead. Mr. Gibbs: Okay. This -- and what we're saying is is that here we are. We have from this construction site negative impacts on my client's business and affecting her building and the real construction hasn't even started. Since the PZAB meeting last month, nay client has met with the developer twice to address these issues, and the developer, as Mr. Kasdin said, has -- he's been very -- they've been very cooperative in reaching out to my clients. My clients have expressed these concerns to him. They say they're going to work on them, and I wanted to bring them up to you tonight -- today. Key issues that my clients have is the evaluation of dust impacts on his property and a mitigation plan for those impacts and, two, a construction impact plan that addresses safety issues. And what I paean by safety issues is falling debris from construction. This building that's going to he right next to him is going to he 45 stories or 500 feet, and the concern is it's right adjacent to my client's properly. And also the issue of their cranes. Their cranes have to he situated. They're going to be using tower cranes. We don't have any idea if these cranes are going to he coming over my client's property or not, so all we're asking -- we're not asking you to defeat this. We're not opposing this project. What we are asking for is some consideration for the impacts on all the neighbors, not only us but every neighbor of this project. And many neighbors may he in favor of it; my clients' in favor of it ton. It's only going to help the neighborhood. But during construction, it has certain impacts. So all we're asking is that you require the developer to present to the Planning director such a plan, a safety plan which I think benefits everybody in the City. We're -- all that we're asking for him to -- is to do that. We're not even asking to vet it. This is not anything that's rocket science. And we'd just like to have that as a condition of your approval because what we're looking for is safety. Thank you. Chair Sarnoff: Thank you. Anyone else wishing to speak on PZ. I or PZ.2, please step up. Judith Sandoval: Judith Sandoval, 2536 Southwest 25th Terrace, Miami. I would simply like to congratulate the Swire company and the architects for a beautiful design of the original project, and I see no reason why you wouldn't approve an extension. I wanted to talk about the trees. I would also like to congratulate the company for donating 40 Great Oak trees to Bicentennial Park. In this ordinance, PZ.2 -- I'm sorry -- PZ. 1, it mentions mitigation of any tree removal. This isn't a very big plot. And I wonder if there are any more trees. It says that they should donate them to -- within a mile of Bicentennial Park, which I'm complaining -- it's not landscaped to you, Marc. -- is within a mile. So are there any more trees? And could you do that? Or could some of the impact fees, which I assume the developer is paying in All, could he used to landscape Bicentennial Park? That's a request. I don't know if they can answer that. Chair Sarnoff • Let's put it like this, Judith. Let's see, I don't think -- but they'll answer the question -- are any trees transplantable? 'Cause I was out there; I didn't think there were any massive trees. Mr. Kasdin: Well, yeah, they actually already transplanted -- Chair Sarnoff • Planted -- Mr. Kasdin: -- as you know, these oak trees into Museum Park. City of Miami Pane 100 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Ms. Sandoval: Yes, I mentioned that. Chair Sarnaff: Right. But are any -- I've been out there, Niesen; I haven't seen any Great Oaks. But do you guys know if there are any Great Oaks with regard to that particular parcel? I didn't think there were. So what I will tell you, Judith, is there is a plan for Bicentennial Park or Museum Park, whatever your preferred name of it is, to landscape that park with trees. And to their credit, they spent, I think, close to a million dollars, just under that, transplanting those 40 oaks, and I was there when they did it, and it was a meticulous, beautiful job. But from your concern with regard to Bicentennial Park having enough trees, it will have enough trees and -- well, let's just take it that -- I know I've been out there and there's no tree worthy of a transplant. Ms. Sandoval: Okay. Keep truing on Bicentennial. Chair Sarnaff: We have a plan. Ms. Sandoval: Good. Chair Sarnaff: I promise. M. Sandoval: Just get some money. Thank you. Chair Sarnoff • Thank you. Anyone else wishing to be heard on PZ.1 or PZ.2? The public hearing is now closed; coming back to the Commission. Later... Chair Sarnaff: All right. Commissioner Spence -Jones: Mr. -- Chair Sarnff f: Do you want to be recognized, Commissioner? Commissioner Spence -Jones: Yeah. 1 mean -- Chair Sarnaff. Go ahead. Commissioner Spence -Jones: I don't know -- no. Do you have something you want to add? I just wanted to just quickly, first of all, acknowledge the Swire group fin- -- we got a chance to participate in -- 1 think it's the. first virtual job -- is it a job, fair? Was job -- a virtual job event -- let me just call it that -- which was really neat. It was really cool. And I just wanted to acknowledge that it was important that you thought that it was important for this community to have it. That was the first time in the seven years that I had actually sat on the dais that I've ever seen a company do that, so your outreach on that should he commended and I'ni very happy. I don't know if that was Neisen's idea or your idea. Mr. Kasdin: No, it was their idea. Commissioner Spence -Jones: Okay, good. Mr. Kasdin: Absolutely. Commissioner Spence -Jones: So it was great that you did that and allowed the community to participate in it. As we know, South Florida Workforce is, you know, also very much involved as partners and that's great. I just wanted to make sure, Neisen -- and we can do it by next hearing, City of Miami Pane 101 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 'cause this is the first reading. Of course, we support -- I support the 100 -- the project 100 percent. Many people from my community will benefit from this big project 'cause they'll he working. So I'm always pushing the jobs and, Niesen, you know that. The only thing that I wanted to mention, I looked at the legislation on it, but 1 wanted to make sure that we could at least, before the item is heard again, address or adopt the City's section on -- I think we talked to somebody on your team already or at least in Planning on this -- regarding the jobs and the small businesses, the language that we have in the City regarding, you know, key small business enterprises participating, and then also the local job preference portion of it. So we don't -- of course, we don't have to deal with it right now, hut hefore it comes hack in front of the City, I would like to really have a discussion with you on that. And 1 know we've done this before on other projects that you have come in front of us to see whether or not we can include it. Mr. Kasdin: We will certainly. We have committed to a plan. We'll need to look at the specifics and -- Commissioner Spence -Jones: Yeah. Mr. Kasdin: -- certainly get back to you. Commissioner Spence -Jones: I mean, it's -- I know that you have it in yours as item number 5, hut it's just a little vague, so I just want to make sure that those key items are items that we can make sure are included in this overall proposal. Mr. Kasdin: We will sit -- we'll certainly meet with you to make sure we can accommodate it to the extent -- Commissioner Spence -Jones: No problem. Mr. Kasdin: -- that we can. Commissioner Spence -Jones: Thank you. Chair Sarnoff All right, anybody else? Commissioners? No. Commissioner Suarez: I'm in favor crib'. Chair Sarnoff: Commissioner Gort? Vice Chair Gort: It's a great project. But the one thing about the workforce, what happens is a lot of those individual at the workforce are already being trained and they know they can do the job, so any individual you need to hire, you know that at least they have been trained or they have the skills to perform the job you're requesting. So our workforce is something the City put together and it's going to be working real good. Chair Sarnoff I wanted to say a few things. First, I absolutely want to congratulate you, Mr. Owens, on the Mandarin becoming the only five-star hotel in Miami. Little known, that's my favorite staycation place. It is the hest hotel I've ever been to in the world, so it's not surprising to me that it's a five-star hotel. Congratulations. As to this project, when it was first announced that Swire was going forward with this, Mr. Owens was approached by, I think, three or four states offering land for free to see if they would do -- either let go of the Miami project, come to their senses, and come to their city and have all this free land and some injection of dollars. And 1 think he was called to Hong Kong and they, more or less, said how come you're not considering this, and he said, "But it's not Miami. " And this is a company that absolutely believes in Miami. I know that Mr. Owen [sic] and his office has a picture of Brickell Key, which I think they used to call it Claughton Island, and there's a picture of just sand out there. And you're looking at the City of Miami Pane 102 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 author, the architect of Brickell Key, and that is Swire Property [sic]. And without their insights and their thoughts, it would still probably look something like the island it did many, many years ago. And now they're bringing Brickell CityCentre, which I think is the -- I think it's the crowning achievement, I know since I've been here as Commissioner, of anyone's project. And, you know, Mr. Mayor, I would certainly implore you to consider giving the key to the City to Swire because that is a company most deserving of the key of the City of Miami of anybody I've ever met, of any developer I've ever met. They do things quietly. They don't brag. Mr. Owens is not a guy that promotes or toots his own horn, but I'm here today to toot it a little bit for him. 'Cause he would joke with me during when it was first announced, and he'd say, "You know, Ohio's willing to give me all this land right here and Michigan is willing to give me all this land right here, and finally he gets called to Hong Kong, like I said, and they're like how come you're not considering this, and he said, "But it's not Miami. " And that's a real -- ifyou ever figure out how many million square feet of retail are owned in this world, I think -- and I'm -- hopefully I'm right on this, Mr. Owen [sic] -- I think Swire owns more square footage of real -- of retail real estate of any company in the world. And if they're not number one; they're number two. And that's a tribute. So, you know, 1 would just -- obviously, there's going to be a motion. I think there has been a motion to approve this. I'm going to approve it, I would ask you to come up with a safety plan so that the Frame Art folks and anyone else in the vicinity that's satisfied that you have done everything within your control and concerns. I know you will 'cause that's who you are. Mr. Kasdin: And we have. Chair Sarnoff.' Good. Then we're already done. I've said enough. Congratulations, Swire. Congratulations, Mr. Owen [sic]. Thank you for choosing Miami. Thank you for not going to Ohio. Though, I don't know why you would have. Vice Chair Gort: It's too cold up there. Chair Sarnoff.' That's what I said. I always compare us to Cleveland and I usually say why. So we have a -- Commissioner Carollo: Even Lehron came over here. Chair Sarnoff • That's true. So we have a motion. We have a second. I believe it is an ordinance, Madam City Attorney. Mr. Garcia: If 7 may, please. May I request this Commission to -- since there are two items and they are companion items, that your recommendation, especially on the second item, he for approval with conditions. And if you include the conditions that are contained in your package, one of those conditions happens to be that they amend the construction plan to address these issues. Chair Sarnof f: All right, does the maker understand that? Commissioner Suarez: Yes. Chair Sarnoff. Seconder understand that? Commissioner Carollo: Yes. Chair Sarnoff: Okay. Todd B. Hannon (City Clerk): I'm sony -- City of Miami Pane 103 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Commissioner Carollo: Yes. Mr. Hannon: -- Chair. Just for my own clarification -- nay apologies -- PZ.1 and P -- PZ.1 does not have the conditions. PZ.2 has the conditions. The vote we're taking on is PZ.1 right now, so the conditions do not apply to PZ.1 so it doesn't affect the motion. Mr. Garcia: That is correct. Commissioner Suarez: Understood. Mr. Hannon: Thank you. Chair Sarnoff: Thanks for clarifying the record. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Mr. Hannon: Roll call on item PZ.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 5-0. PZ.2 ORDINANCE First Reading 11-00541 da AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN AMENDMENT TO A PREVIOUSLY APPROVED DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN SWIRE PROPERTIES, INC., AFFILIATED PARTIES, AND THE CITY OF MIAMI, CHANGING THE NAME OF THE PROJECT FROM BRICKELL CITICENTRE TO BRICKELL CITYCENTRE, AND BY ADDING ADDITIONAL PROPERTIES, GENERALLY BOUNDED BY SOUTHEAST 5TH STREET ON THE NORTH, SOUTHEAST 6TH STREET ON THE SOUTH, SOUTH MIAMI AVENUE ON THE WEST AND SOUTHEAST 1ST AVENUE ON THE EAST, TO THE PREVIOUSLY APPROVED BRICKELL CITICENTRE SAP, MIAMI, FLORIDA; FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR MIXED USES; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO: RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT, AND ANY OTHER USES AUTHORIZED BY THE BCC SAP AND PERMITTED BY THE EXISTING T6-48B 0 TRANSECT DESIGNATION; AUTHORIZING A DENSITY OF APPROXIMATELY 150 UNITS PER ACRE; AUTHORIZING AN INTENSITY MEASURED BY FLOOR LOT RATIO OF 14; AUTHORIZING A MAXIMUM BUILDING HEIGHT OF 683 FEET AND MAXIMUM PEDESTAL HEIGHTS OF 129 FEET AND 160 FEET FOR PHASE 1/1AAND PHASE II, RESPECTIVELY; AMENDING CHAPTER 54 AND 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TO PERMIT THE CONSTRUCTION OF ENCROACHMENTS WITHIN THE PUBLIC RIGHT-OF-WAY AND PERMIT CERTAIN COMMERCIAL USES THEREIN; FURTHER AMENDING CHAPTER 17 OF THE CITY CODE TO AUTHORIZE TREE REPLACEMENT WITHIN ONE (1) MILE OF THE AMENDED PROJECT BOUNDARIES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE AND City of Miami Pane 104 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 PROVIDING FOR AN EFFECTIVE DATE. 11-00541da CC 03-28-13 Fact Sheet.pdf 11-00541da Maps.pdf 11-00541da CC Legislation (Version 3).pdf 11-00541 da Development Agreement and Exhibit A.pdf 11-00541da Exhibit B.pdf LOCATION: Approximately Bounded by SE 5th Street to the North, 8th Street to the South, Brickell Avenue to the East, and Southwest 1st Avenue to the West [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Spencer Crowley, Esquire, on behalf of Brickell CityCentre Project LLC and Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PURPOSE: This will allow a development agreement the previously -approved Brickell CitiCentre. 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, Samoff, Carollo, Suarez and Spence -Jones Note for the Record: Please refer to item PZ1 for minutes referencing item PZ.2. Commissioner Suarez: Move PZ (Planning & Zoning) -- Chair Sarnafff PZ.2, we have a motion by Commissioner Suarez -- Commissioner Carollo: Second. Chair Sarnoff -- second by Commissioner Carollo, as amended, modified. Madam -- Commissioner Suarez: As modified. Chair Sarnoff: -- City Attorney, it is an ordinance. Maria J. Chiaro (Deputy City Attorney): Amended and modified as discussed on the record. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Todd B. Hannon (City Clerk): Roll call on item PZ.2. A roll call was taken, the result of which is stated above. Chair Sarnafff And that was a great job of reading, Madam City Attorney. Commissioner Suarez: That was a mouthful. Neisen Kasdin: Thank you very much. Chair Sarnofff (UNINTELLIGIBLE). City of Miami Pane 105 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Commissioner Suarez: Thank you. Mr. Hannon: The ordinance is adopted on first reading, as amended, 5-0. Mr. Kasdin: Thank you, Mr. Chair, members of the Commission, Mayor. Chair Sarnoff. Thank you, Swire Property [sic]. Thank you for coming to Miami and thank you for believing in us. PZ.3 RESOLUTION 11-00714sc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE (THAT PORTION OF) CURTIS LANE EAST OF ROGERS ROAD AND EASEMENTS LOCATED ALONG THE NORTH AND SOUTH SIDES OF CURTIS LANE, EAST OF ROGERS ROAD, MIAMI, FLORIDA. 11-00714sc CC 03-14-13 Fact Sheet.pdf 11-00714sc Department Analyses & Maps.pdf 11-00714sc School Brd Concurrency & PZAB Resos.pdf 11-00714sc Application & Supporting Documentation.pdf 11-00714sc CC Fully -Executed Legislation (Ver. 2) & Exhibit.pdf 11-00714sc-Submittal-Ben Fernandez.pdf LOCATION: Approximately Curtis Lane East of Rogers Road and along the North and South sides of Curtis Lane, East of Rogers Road [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Stephen Bittel, as Trustee of the Acme Real Estate Trust FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PUBLIC WORKS DEPARTMENT: Recommends approval. PLAT AND STREET COMMITTEE: Recommends approval on July 7, 2011 by a vote of 7-0. PLANNING, ZONING AND APPEALS BOARD: Recommends denial, which failed, to City Commission on April 18, 2012 by a vote of 3-5. Recommends approval as a second motion to City Commission on April 18, 2012 by a vote of 5-3. PURPOSE: This will close and vacate Curtis Lane, East of Rodgers Road and two North/South easements. Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo City of Miami Pane 106 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Motion by Commissioner Suarez, 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 PZ.3 was deferred to the March 14, 2013 Commission Meeting. PZ.4 ORDINANCE Second Reading 12-00841 Iu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF A PORTION OF FOLIO #01-4121-007-3850, MIAMI, FLORIDA, CONSISTING OF THE NORTHERN PORTION OF A VACANT IRREGULARLY -SHAPED PROPERTY LOCATED WITHIN THE BLOCK BOUNDED BY FLORIDAAVENUE ON THE NORTH, PLAZA STREET ON THE EAST, GRAND AVENUE ON THE SOUTH, AND DOUGLAS AVENUE ON THE WEST, THE LOTS IN QUESTION FRONT ON FLORIDAAND PLAZA, MIAMI, FLORIDA; ASECTION OF FOLIO #01-4121-007-3850 CURRENTLY DESIGNATED "SINGLE FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL", LESS A 25-FOOT DEEP PORTION OF THE LOT FACING FLORIDAAVENUE THAT REMAINS "SINGLE FAMILY RESIDENTIAL", AS PRESENTED BY THE PLANNING AND ZONING DEPARTMENT AND RECOMMENDED BY THE PLANNING, ZONING, AND APPEALS BOARD ("PZAB"), RESOLUTION PZAB-R-12-037, AND DEPICTED IN THE ATTACHED "EXHIBIT B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 12-008411u CC 02-28-13 Fact Sheet.pdf 12-008411u Analysis, Maps & PZAB Reso.pdf 12-008411u & 12-00841 zc Applicant Agreement with College.pdf 12-008411u Application & Supporting Documentation.pdf 12-008411u Fully -Executed CC Legis. (Ver. 3) & Exhibits.pdf 12-008411u-Submittal-Tony Recio.pdf LOCATION: Approximately a Portion of Folio #01-4121-007-3850, Consisting of the Northern portion of a Vacant Irregularly -Shaped Property Located within the Block Bounded by Florida Avenue on the North, Plaza Street on the East, Grand Avenue on the South, and Douglas Avenue on the West, the Lots in Question front on Florida and Plaza [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Tony Recio, Esquire, on behalf of Theodore Roosevelt Gibson Memorial Fund, Inc. City of Miami Pane 107 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with modifications* to City Commission on September 19, 2012 by a vote of 8-1. See companion File ID 12-00841zc. *See supporting documentation. PURPOSE: This will change a portion of the above location to "Low Density Restricted Commercial", less a 25-foot deep portion of the lot facing Florida Avenue to remain "Single Family Residential". Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones 13363 Chair Sarnof f: So now we're at PZ.4 and PZ.5. Francisco Garcia (Director, Planning): Yes, sir. Items PZ.4 and PZ.5 are also companion items. These are a land use change and a zoning change,for property basically west of Plaza Street and south of Florida Avenue in west Coconut Grove. I would like to ask the audiovisual department to switch on the map that I have on my screen so that I may make reference to it. We are recommending approval for both items but in a fashion that is not what is being applied for, and I wanted to he specific about the content of our recommendation. We are recommending that they be approved only if there is a 25-foot single-family residential buffer on the land use side or a T3-R buffer on the zoning side fronting Florida Avenue. The reason for that is that it would maintain the continuity of the residential feel of Florida Avenue, which we understand is important to the neighborhood and we frankly want to maintain. I believe that recommendation is amenable to the applicant. And we would request that, if you make a motion to approve that, it include that component. Beyond that, there are -- there is a covenant that has been submitted by the applicant, which we would also like for you to consider. 1t contains, to be specific, the inclusion of an educational use fronting Grand Avenue on the Grand Avenue side of this parcel, and we think that that is instrumental in activating and maintaining a physical presence fronting Grand Avenue or the Grand Avenue corridor. Lastly, I will mention for the record that this item was presented to the Planning, Zoning and Appeals Board, which recommended approval, subject to the conditions set firth by the Planning Department, and we would like to ask you to include those as well. And their vote was 8-1. That's all 1 have by way of presentation. 1'l1 answer any questions you may have. Chair Sarnof: All right. You want to make any presentation? Tony Recio: I'll snake it very quick. Good afternoon, Mr. Chair, members of the Commission. For the record, my name is Tony Recio, law office at 2525 Ponce De Leon Boulevard, in Coral Gables. I'm here on behalf of Theodore Roosevelt T. Gibson Memorial Fund, who's the property owner; the Coconut Grove Collaborative, who will he the operator; Pinnacle Housing, who is the developer. And we're very pleased that this has been a collaborative effort. This is being funded by Miami -Dade County through GOB (General Obligation Bond) financing. And, actually, the only thing I do want to talk about is what happened between first and second reading. We have a new partner that we're partnering with, Miami Dade College, and that's what the document that's in front of you makes reference to. That's the -- this is a revised covenant of restrictions. What we did was we added paragraph two, which requires that we City of Miami Pane 108 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 enter into a lease prior to gelling any kind of building permit, a lease for at least ten years with an accredited institution. Miami Dade College is who we are speaking with right now. We've actually got Ramiro Inguanzo here from Miami Dade College. He's the senior advisor to the college president. Just like to askfor him to be recognized. Thanks. Just wanted to recognize him actually. And we're available to answer any questions that you have. Again, it was approved on first reading, both of these items. We'd like to seek your approval on second reading. Thank you. Commissioner Suarez: Move it. Tice Chair Gort: Second. Chair Sarnoff: All right, there's a motion by Commissioner Suarez, second by Commissioner Gort. Any discussion? Hearing no discussion, Madam City Attorney, it is an ordinance. Commissioner Suarez: Public hearing. Todd B. Hannon (City Clerk): Chair. Chair Sarnof f: Oh, I'm sorry, there's a public hearing. You're right. Anyone from the public wishing to he heard on PZ.4, please step up. Hearing none, seeing none, the puhlic hearing is now closed, coming back to the Commission. Madam City Attorney, it is an ordinance. Maria J. Chiaro (Deputy City Attorney): And the public hearings encompass both this item and the next item, the land use and the zoning plan. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Mr. Hannon: Roll call an item PZ.4. Vice Chair Gort? Vice Chair Gort: Yes. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Chair SarnoJJ? Chair Sarnoff With the declaration rf restrictions, yes. Mr. Hannon: The ordinance passes on second reading, 3-0. PZ.5 ORDINANCE Second Reading 12-00841zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, BY CHANGING THE ZONING CLASSIFICATION FOR A PORTION OF FOLIO #01-4121-007-3850, MIAMI, FLORIDA, CONSISTING OF THE NORTHERN PORTION OFAVACANT IRREGULARLY -SHAPED PROPERTY LOCATED WITHIN THE BLOCK BOUNDED BY FLORIDAAVENUE ON THE NORTH, PLAZA STREET ON THE EAST, GRAND AVENUE ON THE SOUTH, AND DOUGLAS AVENUE ON THE WEST, THE LOTS IN QUESTION FRONT ON FLORIDAAVENUE AND PLAZA STREET, MIAMI, FLORIDA; A SECTION OF FOLIO #01-4121-007-3850 CURRENTLY ZONED "T3-R" SUB -URBAN City of Miami Pane 109 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 ZONE WITH AN "NCD-2" VILLAGE WEST ISLAND AND CHARLES AVENUE NEIGHBORHOOD CONSERVATION DISTRICT TO "T4-O" GENERAL URBAN ZONE WITH AN "NCD-2" VILLAGE WEST ISLAND AND CHARLES AVENUE NEIGHBORHOOD CONSERVATION DISTRICT, LESS A 25-FOOT DEEP PORTION OF THE LOT FACING FLORIDA AVENUE THAT REMAINS "T3-R" SUB -URBAN ZONE WITH AN "NCD-2" VILLAGE WEST ISLAND AND CHARLES AVENUE NEIGHBORHOOD CONSERVATION DISTRICT, MIAMI, FLORIDA, AS PRESENTED BY THE PLANNING AND ZONING DEPARTMENT AND RECOMMENDED BY THE PLANNING, ZONING, AND APPEALS BOARD ("PZAB"), RESOLUTION PZAB-R-12-037, AND DEPICTED IN "EXHIBIT B", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00841zc CC 02-28-13 Fact Sheet.pdf 12-00841zcAnalysis, Maps, Zoning Referral & PZAB Reso.pdf 12-00841 lu & 12-00841 zc Applicant Agreement with College.pdf 12-00841zcApplication & Supporting Documentation.pdf 12-00841zc Fully -Executed CC Legis. (Ver. 3) & Exhibits.pdf LOCATION: Approximately a Portion of Folio #01-4121-007-3850, Consisting of the Northern portion of a Vacant Irregularly -Shaped Property Located within the Block Bounded by Florida Avenue on the North, Plaza Street on the East, Grand Avenue on the South, and Douglas Avenue on the West, the Lots in Question front on Florida and Plaza [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Tony Recio, Esquire, on behalf of Theodore Roosevelt Gibson Memorial Fund, Inc. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with modifications* to City Commission on September 19, 2012 by a vote of 8-1. See companion File ID 12-008411u. *See supporting documentation. PURPOSE: This will change a portion of the above location to "T4-O" with an "NCD-2", less a 25-foot deep portion of the lot facing Florida Avenue to remain "T3-R" with an "NCD-2". Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones 13364 Note for the Record: Please refer to item PZ.4 for minutes referencing item PZ.5. Chair Sarnoff: Motion on PZ.5. Commissioner Suarez: Move it. Vice Chair Gort: Second. City of Miami Page 110 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Chair Sarnoff: We have a motion by Commissioner Suarez, second by Commissioner Gort. I have one question for you, Mr. Recio. Tony Recio: Sure. Chair Sarnoff: 'Cause I attended a meeting where the District 7 Commissioner was there and County Mayor was there. How are you going to proceed forward with the moratorium on building in the Grove by WASA (Water and Sewer Authority)? Mr. Recio: Okay, we've actually -- we should he receiving our conditional allocation any day now and that would allow us to get our building permit to move forward with actual construction. At the same time, they have advised us that they're actually ahead of schedule, believe it or not, on this. And we were told today that they're anticipating a completion date of November 2014. Chair Sarnoff • And I'm hearing that too. And the reason I'm kind of proofing something is we were told at that meeting that there were no more provisional permits being given and they told us why, and I don't mind going on the record. They told us that they were about to enter into a consent decree with the EPA (Environmental Protection Agency), but an objector came in, and it was the hay bottom owners, or something like that, were going to intervene. And they had a 30-day extension, and we all know that you can get that probably to about 180 days. So what we were told by John Rerifrow was that there would be no more provisional permits provided. Now, the Mayor at that meeting became, I think, surprised and a little angered at that and then said, well, let's make sure that we get this pump station completed no later than November 2013. And I'm just curious, have you heard that the provisional permit, like as recently as last week, is being issued, because this meeting took place about a week ago? Mr. Recio: Yeah. They've given us every indication that we're -- that they are going to issue that. And, in fact, the only reason they haven't issued it yet is because they thought that they might have the particular improvements for our facilities completed, but they're not there yet. So they, are going to go ahead and issue a conditional allocation. Chair Sarnoff: And you've heard as late as last week that they're giving a conditional? Mr. Recio: We spoke to them today. Chair Sarnoff: Wow. Okay. So conditional permits are being issued? Mr. Recio: Yeah. Conditional allocations to allow you to go get a building permit. Chair Sarnoff: And did you -- do you have no net increase? You have a net increase, right? Mr. Recio: We have a net increase, yes. Chair Sarnoff: Okay. You answered my question. Vice Chair Gort: Quite a hit of increase. It's an ordinance. Chair Sarnoff: We're just correcting -- the problem is supposed to be resolved by November 2013, right, for everyone, but I want to -- I'm just surprised that a conditional permit was issued and Ion trying to educate myself because at that meeting they told us there would not be any -- would no longer he any conditional permits issued. I'm -- it's a curiosity. Pin using you as a sounding board. City of Miami Page 111 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 PZ.6 12-01296zt Mr. Recio: Sure. To clarify, it hasn't been issued yet. They're telling us it's going to be issued any moment now. Chair Sarnoff: All right. PZ.4 [sic], Madam City Attorney, it is an ordinance. Commissioner Suarez: PZ.5 now. Chair Sarno]f: Five. 1 apologize. Five. Maria J. Chiaro (Deputy City Attorney): 1t is PZ.5, an ordinance with a covenant as proffered. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Todd B. Hannon (City Clerk): Roll call on item PZ.5. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 3-0. Chair Sarnoff: Okay. Mr. Recio: Thank you very much. Chair Sarnoff.' Thank you very much. Applause. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 7, ENTITLED "PROCEDURES AND NONCONFORMITIES", SECTION 7.1.2.8.B.1., TO ESTABLISH APRIL AND OCTOBER AS THE INITIAL CITY COMMISSION PLANNING AND ZONING PUBLIC HEARING DATES TO CONSIDER MIAMI 21 ATLAS AMENDMENTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-01296zt CC 02-28-13 Fact Sheet.pdf 12-01296zt PZAB Reso.pdf 12-01296zt CC Legislation (Version 2).pdf APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on December 5, 2012 by a vote of 10-0. PURPOSE: This will establish April and October as the initial City Commission P&Z public hearing dates to consider Miami 21 Atlas amendments. City of Miami Page 112 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 PZ.7 06-006131u1 Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones 13362 Chair Sarnoff: PZ.6. Francisco Garcia (Director, Planning): Thank you, sir. Item PZ.6 is a concise amendment to Miami 21, the zoning ordinance, to set forth permanently the hearing dates at which the City Commission is to consider private applications for rezoning and land use amendments, and those are proposed to be set forth for the months of April and October. That has been the practice of the City Commission for the last two years. And instead of bringing it back to your attention on a yearly basis, we would recommend that we adopt these dates permanently. They will result in an enhanced predictability for the development industry. That's all have by way of presentation. I'll answer any -- Tice Chair Gort: Move it. Commissioner Suarez: Second. Chair Sarnoff We have a motion. We have a second. Public hearing. Anybody wishing to he heard an PZ.6, please step up. Hearing none, seeing none, come back to the 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): Roll call on item PZ.6. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 3-0. Chair Sarnoff Okay. I'll tell you what, we only have two Commissioners now. Let's take a five-minute bathroom break. Is that all right? Tice Chair Gort: All right. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF THE SOUTHERN -MOST PORTION OF REAL PROPERTY LOCATED AT APPROXIMATELY 1001 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, FROM "RESTRICTED COMMERCIAL" WITH AN "URBAN CENTRAL BUSINESS DISTRICT" ("UCBD") OVERLAY TO "PUBLIC PARKS AND RECREATION" WITH A "UCBD" OVERLAY; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A City of Miami Page 113 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-006131u1 CC 03-28-13 Fact Sheet.pdf 06-006131u1 Analysis, Maps & Pictures.pdf 06-006131u1 PZAB Reso.pdf 06-006131u1 Supporting Documentation - NEW.pdf 06-006131u1 CC Legislation (Version 5) & Exhibits.pdf LOCATION: Approximately 1001 S Miami Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Brickell Flatiron, LLC, and the City of Miami, A Municipal Corporation FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on January 16, 2013 by a vote of 10-0. See companion File ID 06-00613zc1 and related File Ds 06-006131u and 06-00613zc. PURPOSE: This will change the above property from "Restricted Commercial" with a "UCBD" Overlay to "Public Parks and Recreation" with a "UCBD" Overlay. Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.8 ORDINANCE First Reading 06-00613zc1 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T6-48B-O" URBAN CORE ZONE TO "CS" CIVIC SPACE ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1001 SOUTH MIAMI AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 114 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 06-00613zc1 CC 03-28-13 Fact Sheet.pdf 06-00613zcl Analysis, Maps & Zoning Referral.pdf 06-00613zc1 Pictures.pdf 06-00613zcl PZAB Reso.pdf 06-00613zcl Supporting Documentation - NEW.pdf 06-00613zc1 CC Legislation (Version 3) & Exhibits.pdf LOCATION: Approximately 1001 S Miami Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Brickell Flatiron, LLC, and the City of Miami, A Municipal Corporation FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on January 16, 2013 by a vote of 10-0. See companion File ID 06-006131u1 and related File Ds 06-006131u and 06-00613zc. PURPOSE: This will change the above property from "T6-48B-O" to "CS". Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.9 ORDINANCE First Reading 06-006131u1 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF THE SOUTHERN -MOST PORTION OF REAL PROPERTY LOCATED AT APPROXIMATELY 1001 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, FROM "RESTRICTED COMMERCIAL" WITH AN "URBAN CENTRAL BUSINESS DISTRICT ("UCBD") OVERLAY TO "PUBLIC PARKS AND RECREATION" WITH A "UCBD" OVERLAY; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 115 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 06-006131u1 CC 03-28-13 Fact Sheet.pdf 06-006131u1 Analysis, Maps & Pictures.pdf 06-006131u1 PZAB Reso.pdf 06-006131u1 Supporting Documentation - NEW.pdf 06-006131u1 CC Legislation (Version 5) & Exhibits.pdf LOCATION: Approximately 1001 S Miami Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Brickell Flatiron, LLC, and the City of Miami, A Municipal Corporation FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on January 16, 2013 by a vote of 10-0. See companion File ID 06-00613zc1 and related File Ds 06-006131u and 06-00613zc. PURPOSE: This will change the above property from "Restricted Commercial" with a "UCBD" Overlay to "Public Parks and Recreation" with a "UCBD" Overlay. Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Samoff, Carollo, Suarez and Spence -Jones Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.10 ORDINANCE First Reading 06-00613zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "CS" CIVIC SPACE ZONE TO "T6-48B-O" URBAN CORE ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 116 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 06-00613zc CC 03-28-13 Fact Sheet.pdf 06-00613zc Analysis, Maps & Zoning Referral.pdf 06-00613zc PZAB Reso.pdf 06-00613zcApplication & Supporting Documentation.pdf 06-00613zc CC Legislation (Version 3) & Exhibit.pdf LOCATION: Approximately 20 SE 10th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Brickell Flatiron, LLC and the City of Miami, A Municipal Corporation FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on January 16, 2013 by a vote of 10-0. See companion File ID 06-006131u and related File Ds 06-006131u1 and 06-00613zc1. PURPOSE: This will change the above property from "CS" to "T6-48B-O". Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Samar, Carollo, Suarez and Spence -Jones Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.11 ORDINANCE First Reading 12-00155Iu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF SELECTED REAL PROPERTIES APPROXIMATELY ON THE EAST SIDE OF SOUTHWEST 27TH AVENUE BETWEEN SOUTHWEST 9TH STREET AND SOUTHWEST 16TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" AND "DUPLEX RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES"; FROM "DUPLEX City of Miami Page 117 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 RESIDENTIAL" TO "LOW DENSITY MULTIFAMILY RESIDENTIAL"; FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; AND FROM "SINGLE FAMILY RESIDENTIAL" TO "LOW DENSITY MULTIFAMILY RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 12-001551u CC 02-28-13 Fact Sheet.pdf 12-001551u Analysis, Color Maps, Sch. Brd. Conc. & PZAB Reso.pdf 12-001551u Supporting Documents.pdf 12-001551u Fully -Executed CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately on the East Side of SW 27th Avenue between SW 9th Street and SW 16th Street [Commissioner Francis Suarez - District 4] APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval, which fails, constituting a denial to City Commission on June 20, 2012 by a vote of 2-5. See companion File ID 12-00155zc. PURPOSE: This will change certain properties above to "Medium Density Restricted Commercial", "Major Institutional, Public Facilities, Transportation and Utilities" and "Low Density Multifamily Residential". Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Samoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.12 ORDINANCE First Reading 12-00155zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, BY CHANGING THE ZONING CLASSIFICATION LOCATED APPROXIMATELY ON THE EAST SIDE OF SOUTHWEST 27TH AVENUE BETWEEN SOUTHWEST 9TH STREET AND SOUTHWEST 16TH STREET, MIAMI, FLORIDA, FROM "T4-R" GENERAL URBAN TRANSECT ZONE TO City of Miami Page 118 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 "T5-L" URBAN CENTER TRANSECT ZONE, FROM "T4-L" GENERAL URBAN TRANSECT ZONE TO "T5-L" URBAN CENTER TRANSECT ZONE AND FROM "T3-R" AND "T3-O" SUB -URBAN TRANSECT ZONES TO "T4-R" GENERAL URBAN TRANSECT ZONE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 12-00155zc CC 02-28-13 Fact Sheet.pdf 12-00155zc Analysis, Color Maps & PZAB Reso.pdf 12-00155zc Supporting Documents.pdf 12-00155zc CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately on the East Side of SW 27th Avenue between SW 9th Street and SW 16th Street [Commissioner Francis Suarez - District 4] APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends denial to City Commission on June 20, 2012 by a vote of 6-1. See companion File ID 12-001551u. PURPOSE: This will change certain properties above to "T4-R" General Urban Transect Zone and "T5-L" Urban Center Transect Zone. NOTE(S): During Roll Call, Mr. Piria stated for the record (in summary), many of them [PZAB members] might be in favor, but not as presented in its present form, so the City Commission gets the interpretation that they are not against it. However, they do not think the zoning, the way it appears to be scaled down, is not the appropriate one. Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.13 ORDINANCE First Reading 12-01180Iu1 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE City of Miami Page 119 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF SELECTED PROPERTIES LOCATED AT APPROXIMATELY: 1) THE NORTH SIDE OF SOUTHWEST 9TH STREET BETWEEN SOUTHWEST 8TH AVENUE AND SOUTHWEST 12TH AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY MULTIFAMILY RESIDENTIAL"; AND 2) 828 SOUTHWEST 8TH AVENUE, 829 AND 830 SOUTHWEST 8TH COURT, 814 AND 829 SOUTHWEST 9TH AVENUE, 824 AND 831 SOUTHWEST 9TH COURT, 826 AND 827 SOUTHWEST 10TH AVENUE, AND 827 AND 830 SOUTHWEST 11TH AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; AS DEPICTED IN "EXHIBIT A"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-011801u1 CC 03-28-13 Fact Sheet.pdf 12-011801u1 Analysis, Maps, Sch. Brd. Concurrency & PZAB Reso.pdf 12-011801u1 CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 1) The North Side of SW 9th Street between SW 8th Avenue and SW 12th Avenue; and 2) 828 SW 8th Avenue, 829 and 830 SW 8th Court, 814 and 829 SW 9th Avenue, 824 and 831 SW 9th Court, 826 and 827 SW 10th Avenue, and 827 and 830 SW 11th Avenue [Commissioner Frank Carollo - District 3] APPLICANT(S): Johnny Martinez, City Manager, on behalf of City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on December 5, 2012 by a vote of 10-0. See companion File ID 12-01180zc1. PURPOSE: This will change the above properties from 1) "Duplex Residential" to "Low Density Multifamily Residential" and 2) "Duplex Residential" to "Low Density Restricted Commercial". Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnotf Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Chair Sarnoff: Commissioner, we have an attorney sitting here, and it's been brought to my attention, PZ.13, PZ.14 -- it's your district -- and we not taken any action on it. Is that all right to hear it or --? Commissioner Carollo: Well, let's hear it. Chair Sarnoff: All right, PZ.13. Francisco Garcia (Director, Planning): Thank you, sir. The only reason we actually went City of Miami Pane 120 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 through that is because I have the images or graphics here in the computer and I would like to request the audiovisual department to perhaps display it on the screens. All right, so there it is. Items PZ.13 and 14 are companion items. This is a City application. And the request is to change the land use designation and zoning designation for an area basically bounded by Southwest 8th Street to the north, Southwest 8th Avenue to the east, Southwest 12th Avenue to the west, and not quite all the way to Southwest 9th Street, but just likely shy of that to the south. And the reason is two -told fold. On the land use side, what we are seeking to do is to correct an error that exists where there is a -- an incompatibility between the land use designation and the zoning designation. Presently, the zoning designation, which is what really governs in the end, is T4-R. The land use designation, however, is low -density residential. In order to bring the density -- forget the uses for a moment -- but the density up to par with the zoning designation, the change needs to be made to reflect -- I want to make sure I get this right. Here it is. It is presently duplex residential. It should be low -density multifamily residential to be compatible with the T4-R designation that exists. So that is the first item. That's PZ.13. What PZ.14 does is it selects 11 lots within that area, which happen to he immediately abutting commercially zoned lots that abut that front on 8th Street; and it allows, through a warrant process, to have surface parking lots developed to serve as accessory parking for the existing commercial uses fronting 8th Street. Most of you -- all of you are familiar with the area and you know that parking -- there is a dearth of parking on the 8th Street corridor. And we've studied the area carefully and determined that these particular lots, because they are abutting to the ones fronting 8th Street and because they don't go all the way to 9th Street which retains its residential character, are worthy of consideration fbr the T4-L designation which, again, allows fbr residential but also alloi-vs far limited, and I emphasize limited, commercial uses. And the one that it allows far that we think is particularly of interest to the commerce that's in the area is the development of surface parking lots with buffers, with walls, et cetera, through the warrant process, which triggers a review by the Planning & Zoning department. And that's all I have by way of presentation. I'll answer any questions you have. Chair Sarnoff • All right. Mr. Garcia: I'm sorry. I should add that our recommendation is for approval and that the Planning, Zoning and Appeals Board also considered the item and recommended approval unanimously, 10-0. Chair Sarnoff • All right, so PZ.13, is there a motion? Commissioner Suarez: Move it. Oh, I'm sorry. Commissioner Carollo: Move it. Commissioner Suarez: 'jumped the gun. Commissioner Carollo: But don't you have to open up for a public hearing? Chair Sarnoff: I do. Victoria Mendez (Assistant City Attorney): Yes. Chair Sarnoff: But I was going to see -- Commissioner Suarez: Yeah. Chair Sarnoff • I'll tell you what, I'll -- Commissioner Carollo: Yeah, move it. City of Miami Pane 121 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Chair Sarnof f: -- open up a public hearing. Commissioner Suarez: Go ahead, go ahead. Chair Sarnoff.' Anyone from the public wishing to be heard on PZ.13, please step up. Hearing none, seeing none, coming back to the Commission. Todd B. Hannon (City Clerk): Chair, I'm sorry. Could we make that the public hearing for PZ.13 and 14, since they're --? Chair Sarnoff.' Correct. We are going to have a public hearing on PZ.13 and 14. Anyone from the public wishing to be heard on PZ.13 or -- and/or 14, please step up. Hearing none, seeing none, coming hack to Commission. Is there a motion? Commissioner Carollo: So moved. Commissioner Suarez: Second. Chair Sarnof f: We have a motion by Commissioner Suarez, second by -- sorry -- motion by Commissioner Carollo, second by Commissioner Suarez. Any discussion? Commissioner Carollo: Yes, Mr. Chairman. Chair Sarnoff: You're recognized. Commissioner Carollo: Francisco, I'm going to approve this on first reading. Before second reading, 1 want a tour of each one of these sites, okay. So if you could coordinate it with my office. Thank you. Mr. Garcia: Glad to do so, sir. Commissioner Carollo: Thank you. Chair Sarnoff • Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Mr. Hannon: Roll call on item PZ.13. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 4-0. PZ.14 ORDINANCE 12-01180zc1 First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, BY CHANGING THE ZONING CLASSIFICATION FROM "T4-R" GENERAL URBAN ZONE -RESTRICTED TO "T4-L" GENERAL URBAN ZONE -LIMITED FOR SELECTED PROPERTIES LOCATED AT APPROXIMATELY 828 SOUTHWEST 8TH AVENUE, 829 AND 830 SOUTHWEST 8TH COURT, 814 AND 829 SOUTHWEST 9TH AVENUE, 824 City of Miami Pane 122 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 AND 831 SOUTHWEST 9TH COURT, 826 AND 827 SOUTHWEST 10TH AVENUE, AND 827 AND 830 SOUTHWEST 11TH AVENUE, MIAMI, FLORIDA, FURTHER IDENTIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; FURTHER, THE PLANNING AND ZONING DEPARTMENT HAVING CONDUCTED A BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS OF THE ZONING ORDINANCE, PURSUANT TO SECTION 7.1.2.8.B.2, HAS FOUND THE CHANGES TO BE APPROPRIATE AND CONSISTENT WITH THE DEVELOPMENT DIRECTION OF THE CITY OF MIAMI'S NEIGHBORHOODS; RESULTING ZONING CHANGES APPROVED THROUGH THIS BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS, PURSUANT TO SECTION 7.1.2.8.B.2, SHALL NOT PROHIBIT, PREVENT OR LIMIT OWNERS OF AFFECTED PROPERTIES IDENTIFIED HEREIN FROM APPLYING FOR A REZONING PURSUANT TO SECTION 7.1.2.8.G.5; FURTHER DIRECTING AND AUTHORIZING THE PLANNING AND ZONING DEPARTMENT TO AUTOMATICALLY REVERT, IF NECESSARY, ANY ACCOMPANYING FUTURE LAND USE CHANGE ADOPTED FOR ANY ZONING CHANGE NOT APPROVED IN THIS ORDINANCE IN ORDER TO MAINTAIN CONSISTENCY BETWEEN THE ZONING ATLAS OF ORDINANCE NO. 13114 AND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, FUTURE LAND USE MAP; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-01180zc1 CC 03-28-13 Fact Sheet.pdf 12-01180zc1 Analysis, Maps, Sch. Brd. Concurrency & PZAB Reso.pdf 12-01180zcl Fully -Executed CC Legis. (Ver. 2) & Exhibit.pdf LOCATION: Approximately 828 SW 8th Avenue, 829 and 830 SW 8th Court, 814 and 829 SW 9th Avenue, 824 and 831 SW 9th Court, 826 and 827 SW 10th Avenue, and 827 and 830 SW 11th Avenue [Commissioner Frank Carollo - District 3] APPLICANT(s): Johnny Martinez, City Manager, on behalf of City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on December 5, 2012 by a vote of 10-0. See companion File ID 12-011801u 1. PURPOSE: This will change the above properties from "T4-R" to "T4-L". Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gott, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Note for the Record: Please refer to item PZ.13 for minutes referencing item PZ.14. Chair Sarnoff PZ.14, is there a motion Commissioner Carollo: So moved. Chair Sarnoff' We have a motion -- City of Miami Pane 123 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Commissioner Suarez: Second. Chair Sarnoff: -- by Commissioner Carollo, second by Commissioner Suarez. I have a question for you guys. Do you guys share any parts of 8th Street together? Commissioner Suarez: No. Igo to 9th. Chair Sarnof f: You go to 9th? Commissioner Suarez: We actually share 9th Street, Southwest. Yeah, 'cause -- on 17th. Chair Sarnoff.' And I'm asking just because of the Biscayne Boulevard issue. Commissioner Carollo: No Chair Sarnoff: That's why -- Commissioner Carollo: No. Commissioner Suarez: No. Commissioner Carollo: And 1 think the theory behind it was the same thing, like when we had a zone, a police zone that ended at 8th Street. Well, guess what? On the east -- on the south side a crime happens and there's a cop on the north side and -- Commissioner Suarez: Yeah. Commissioner Carollo: -- they would -- so this way -- Commissioner Suarez: It's also like a natural division between the residential and the commercial corridor. Chair Sarnoff: Ijust heard somebody say something and I just wanted to make sure that -- that's all. All right, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Todd B. Hannon (City Clerk): Roll call on item PZ.14. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 4-0. Gilberto Pastoriza: Thank you. Chair Sarnoff • All right. Mr. Pastoriza: Goodnight. Thank you. Chair Sarnoff: Sorg about that, Mr. Pastoriza. PZ.15 ORDINANCE 13-00002zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING First Reading City of Miami Pane 124 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING SECTION 3.15 "AFFORDABLE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS' TO MODIFY SETBACK REQUIREMENTS ABOVE THE EIGHTH FLOOR BY WAIVER TO PROVIDE ADDITIONAL DESIGN FLEXIBILITY OF AFFORDABLE HOUSING DEVELOPMENT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-00002zt CC 03-28-13 Fact Sheet.pdf 13-00002zt Supporting Documentation & PZAB Reso.pdf 13-00002zt CC Legislation (Version 2).pdf LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on January 16, 2013 by a vote of 10-0. PURPOSE: This will give affordable housing development, eligible under Section 3.15 of the Zoning Ordinance, the ability to waive setback requirements above the eighth floor as required by Section 5.6.1(g) and Illustration 5.6 to provide additional design flexibility for such projects. Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 2 - Commissioner(s) Gort and Suarez Noes: 1 - Commissioner(s) Sarnoff Absent: 2 - Commissioner(s) Carollo and Spence -Jones Chair Sarnoff: We are on -- establish. Miami -- Tice Chair Gort: (UNINTELLIGIBLE) PZ (Planning & Zoning). Chair Sarnoll No, we have PZ.15. Is that left? Francisco Garcia (Director, Planning): Yes, sir, 13, 14, and 15. However, 13 and 14 are in District 3, so if we can move ahead to 15 and perhaps come back? Chair Sarnoff' I don't think he's here any longer. Do you know if he has any problems with it? Mr. Garcia: I wouldn't presume to know, sir. Commissioner Suarez: Good answer. Chair Sarnoff.' Okay, let's do what we can. PZ.15. Mr. Garcia: Yes, sir. Item PZ.15 is a City application. This is an amendment to Miami 21, the zoning ordinance of the City of Miami really to clarify, more than anything else, an existing -- Commissioner Suarez: Move it. City of Miami Pane 125 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Chair Sarnoff: All right, we have a motion. Second? Willy, you second? Vice Chair Gort: Second. Chair Sarnoff. Second. And Madam City Attorney, it is an ordinance. Commissioner Suarez: By the way, I'm sorry for cutting you -- Chair Sarnoff: Oh, let me -- public hearing. Public -- Commissioner Suarez: Let me -- Pin sorry for cutting you off. We get briefed and sometimes, you know, we know what we want to do. And so I apologize for cutting you off 'cause the public might -- so please go ahead. Please continue. Mr. Garcia: No offense taken certainly, and I'm all fbr expediency. 1 will simply complete the sentence and say that it is really to clam' language that already exists and it is to incentivize the development of affordable housing in the City of Miami. The Planning, Zoning and Appeals Board made a motion to recommend approval by a vote of 10-0, so unanimously, on their January 16 meeting. That's all have, sir. Chair Sarnoff: All right, Madam. -- public hearing. Anybody wishing to be heard on PZ.15, please step up. Hearing none, seeing none, come back to the 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): Roll call on PZ.15. Vice Chair Gort? Vice Chair Gort: Yes. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Chair Sarnoff? Chair Sarnof f: No. Mr. Hannon: The ordinance passes on first reading, 2-1. Chair Sarnoff' Okay. PZ.16 RESOLUTION 12-00252za A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL BY GILBERTO PASTORIZA, AFFIRMING OR REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY UPHOLDING OR REVERSING THE ZONING ADMINISTRATOR INTERPRETATION 12-0001 DATED FEBRUARY 16, 2012, REGARDING ACCESSORY PARKING. City of Miami Pane 126 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 12-00252za CC 02-28-13 Fact Sheet.pdf 12-00252za PZAB & Zoning Adm. Appeal Docs.pdf 12-00252za CC Executed Legis. (Vers. 3 & 4) & Interpretation.pdf LOCATION: Citywide APPELLANT(S)/REQUESTOR(S): Gilberto Pastoriza, Esquire, on behalf of Barlington Group, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial of the appeal and uphold the Zoning Administrator's Interpretation. PLANNING, ZONING AND APPEALS BOARD: Denied the Zoning Administrator Interpretation appeal on April 4, 2012 by a vote of 5-3. PURPOSE: The approval of this appeal may result in the reversal of a zoning interpretation regarding accessory parking. Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Motion by Commissioner Suarez, 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 PZ.16 was deferred to the April 11, 2013 Commission Meeting. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 VICE CHAIR WIFREDO (WILLY) GORT D1.1 DISCUSSION ITEM 13-00233 City of Miami Pane 127 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 DISCUSSION ON HOW TO EXPEDITE RESTORATION OF STREETLIGHT OUTAGE. 13-00233 Expedite Restoration of Streetlight Outage.pdf 13-00233-Submittal-Correspondence-FPL.pdf DISCUSSED Chair Sarnoff: And now I think we are -- the best thing to do is go -- has everybody here had their PZs (Planning & Zoning) done or am I missing something? Oh, you're 13 and 14. Francisco Garcia (Director, Planning): As pertains to PZ.13 and 14, I have just heard from the District 3 office that the Commissioner is here; will return. If we can possihly postpone his items to be heard today but perhaps a little bit later. Commissioner Suarez: When he's here, okay. Mr. Garcia: Yes, sir. Commissioner Suarez: What else is here? Let's just do the other things. There's -- Chair Sarnoff: All right. Commissioner Suarez: -- discussion items. Chair Sarnoff: I got -- Commissioner Suarez: There's -- Chair Sarnoff All right, so we have district page items. DI.1.1 [sic], discussion on how to expedite restoration of streetlight outage. Commissioner Gort is recognized for the record. Tice Chair Gort: One of the problems that I have is traveling throughout the City at night, I found many of the neighborhoods where the lights are out. And you can go into my office and check out all the phone calls that I have for myself and my staff to making sure that we bring the lights up. And we also -- I understand how important it is to keep the lights on, especially at night in certain neighborhoods. Now, I had a meeting with the -- some of the people from FP&L (Florida Power & Light) came to see me 'cause one of the things that I was asking is we pay fbr the lights. Vfy understanding, we get a -- we don't get per light charge. We get a bulk charge for amount of lights and so on. And I don't think there's any -- there's not an existence [sic] method or condition for someone to check the lights. And I was talking to Public Works; if there's some way that we can have somebody to go through certain neighborhoods at night and to make sure because sometimes we get the calls. A lot of times the people call 311, and I don't know what your experience with 311 has been, but mine has been negative. I just got a call from a lady. She finally decided to call my office after she's been calling for a whole year the 311 about one of those holes created by the trash pickup. So what I would like to see is for the Administration to come out an idea to -- if we can have some of the people to -- that work in the evening -- have some people working in the evening to go by certain main avenues and check the lighting in the system. Now, my understanding is FPL is working to -- a new system where they'll be able to control the lights; that if a light goes out, they'll be notified right away. Alice Bravo (Assistant City Manager/Chief of Infrastructure): Commissioner, several months ago we initiated a process with FP&L. Our Public Works director was already working with them on the double pole issue, but we also talked to them that we wanted to find efficiencies to reduce our overall cost fbr lighting and for them to have mechanisms in place so identifying a light that was out was not relying on someone reporting it but that through their own City of Miami Pane 128 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 mechanisms and measuring the wattage on a particular circuit, that they would identify and repair that light. So I'd like Zerry Ihekwaba to talk to you about the other initiatives that we've started with FP&L. Nzeribe Ihekwaba: Good evening. Zerry Ihekwaba, Public Works director. Back in November, the City Manager had requested FPL to provide a plan of action on how to proactively track and monitor streetlight outages and also additional efficiencies in terms of monitoring and recordation of the actual energy consumption so that we'll he very clear and very sure as to the kind of energy costs that the City's incurring. In January FPL provided a response, and we also met with them, including the City Manager; where they have informed us that based on the Florida Public Service Commission, they are not obligated to actually monitor streetlight outages, and that is why the City received premium tariffs for the energy consumption costs. And we actually insist that there has to be a mechanism in place to electronically, through technology, monitor these outages. However, within the City, we, Public Works, intends [sic] to set up or rather identify an individual, perhaps create a position of a streetlight coordinator that will be responsible fbr handling all streetlight issues citywide. 1 don't know how feasible that could be in terms of one individual alone being capable of handling that kind of arduous task. However, it's a first step to us resolving this impasse. So, Commissioner, as you rightly said, we intend to have that position created. Vice Chair Gnrt: But one of the suggestion is have a phone number where people can call at night and report it, because 311 is not working. 1 mean -- Mr. Ihekwaba: Public Works do actually have an emergency phone number that we usually pass out to residents and also through NET (Neighborhood Enhancement Team) office where residents can always call us not just in terms of emergencies; any time, 24/7. And one of our supervisors are always having his mobile phone, 24/7, for an individual. I'm willing to share that number through the district offices as well. Vice Chair Gort: I think that'll be important. Chair Sarnof f: Can Ijust suggest something? I don't mean to interrupt you, Commissioner, but aren't we at a stage now where there should he an app for that? Mr.Ihekwaba: Yeah. Chair Sarnoff: So how come we're not developing an app why I take a photograph of an out streetlight -- and by the way, my iPhone -- Commissioner Suarez: Or a pothole. Chair Sarnoff. What's drat? Commissioner Suarez: Or a pothole. Chair Sarnoff: Or a who? Commissioner Suarez: Or a pothole. Mr.Ihekwaba: Pothole. Chair Sarnoff: Or pot -- yeah, any -- Commissioner Suarez: Yeah. City of Miami Pane 129 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Chair Sarnoff: Anything -- Commissioner Suarez: It exists by the way. Chair Sarnaff • Oh, I know it exists. Commissioner Suarez: Yeah. Chair Sarnoff: And you're working on an app, Madam City Manager, for the trolley. I would think the same technology, the same ability would exist. I take a picture of a pothole at Willy -- in Willy's district. My iPhone, based on the settings, will tell you exactly where that is. I forward that to the app, okay. It's now on record. And by the way, the dis -- you can even make it that the district Commissioner's office follows that pothole. Mr. Ihekwaha: Commissioner. Commissioner Suarez: Tracks it. Chair Sarnoff: Yeah, sorry, tracks it. Commissioner Suarez: Yeah. Mr. Ihekwaba: If I may add. I actually met with the IT (Information Technology) director this past week and that's exactly what I had recommended to her for this -- Ms. Bravo: And Chairman, the -- that's one of the items that's included in our IT plan that we're reporting hack on. Chair Sarnoff • When? Ms. Bravo: In -- at the end of March, March 28. Chair Sarnoff: Is that when we get our trolley update? Ms. Bravo: As well, yes. You'll see the trolley, the draft of the app next week. Chair Sarnoff: Okay. I just wonder -- I mean, I understand there's going to be a couple people that don't have -- Mr. Ihekwaba: iPhones. Chair Sarnoff.' -- iPhones, but it's fewer and fewer people. I mean, even as the secondary providers pick up these, you know, third -generation iPhones and third -generation Androids, these things are all capable of doing everything we're suggesting. Mr. Ihekwaba: Actually, a lot of municipalities are currently utilizing that mechanism., which was why we suggested it to IT. Chair Sarnoff: I got to tell you, I'm not -- I'm -- I just think there's a solution here, and I don't think the solution is a better phone number and I don't -- I think 91 -- 311 does not work. My experience with it has been horrible. And I know we -- anything that we seem to harrow or become part of the County doesn't seem to work. Vice Chair Gort: Right. City of Miami Pane 130 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Commissioner Suarez: Agreed. Second that motion. Vice Chair Gort: That's what I do, I take pictures. Commissioner Suarez: Same here. Vice Chair Gort: Driving by Saturday night -- Commissioner Suarez: I bet we all have on our phone pictures. Tice Chair Gort: -- take a picture, send it in. A major hole that -- Chair Sarnoff: Yeah, but the -- Vice Chair Gort: -- this lady has been reporting this -- Chair Sarnoff • -- beauty is -- Vice Chair Gort: -- for years. Chair Sarnoff: -- we get to forward it to the director of who -- I forward it to the director of Public Works. So my favorite thing with trash holes is 1 forward it to Keith Carswell and then he usually says, well, you should be forwarding it to Zerry. Commissioner Suarez: Forward them to Zerry. I forward them to Zerry. Vice Chair Gort: (UNINTELLIGIBLE). Commissioner Suarez: Let me tell you, he's very good about following up too. I got to give him credit. Chair Sarnoff: Yes, he is. But it shouldn't be that way and we have that ability. And it's -- we've said it all. Commissioner Suarez: I just want to say one last thing on Commissioner Gort's discussion item. You know, he is so right, and Commissioner Spence -Jones alluded to it earlier today, like -- and by the way, it's in every district. The lighting in the district is so poor. Yesterday I was at a community meeting in Coral Gate, so it's no different than the areas that, you know -- you know, all our neighborhoods look the same. They're all single-family homes. By and large, they're all small single-family homes. You know, I live in a small one, by the way. It's like 1,300 square feet and -- Chair Sarnoff: A beautiful home. A beautiful home. Commissioner Suarez: Thank you. Chair Sarnoff • A beautiful home. Commissioner Suarez: Why thank you. Chair Sarnoff: Beautiful. Commissioner Suarez: But the lighting is terrible. It's terrible, and that is a problem because people don't feel safe when they're walking down the block. And the question is -- I know it would be ambitious for us to redo all the lighting and all the public -- you know, and all the -- City of Miami Pane 131 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 D2.1 13-00203 but what can we do about it? I mean, is there something that can be done? Is there any way to talk to FP&L? What can we -- can done about that? Mr. Ihekwaba: Back in November, that was one of the principle items the City Manager had requested for. The response backfrom FPL, unfortunately, is that they've not really done a streetlight audit for several years. However, there's a plan in place, as we speak, for them to commence the streetlight audit in the City of Miami by, I believe, third quarter of this year. Chair Sarnoff: That mean evaluate aria? Mr.Ihekwaba: Evaluation. Chair Sarnoff: Okay, okay. Mr. Ihekwaha: I believe the correspondence was passed around through the City Manager's office yesterday. Chair Sarnoff. All right. You done, Commissioner? Vice Chair Gort: Yes. What I'd like to get a follow-up response. I know they will do it. And the -- I know they're looking at the plan, implementation of the plan. Chair Sarnoff • Madam City Attorney -- City Manager, would you -- when you show us the app for the trolley, would you also show us other municipal apps for problems, trash holes, lighting? Ms. Bravo: Yes. Chair Sarnoff: Any public works type thing. Ms. Bravo: Yes. We've seen some from other municipalities. Chair Sarnoff: But would you show it to this Commission so that we can say, wow, we like that one. This is what Los Angeles does. This is what Phoenix does. This is what New York City does. This is what Jacksonville does. Ms. Bravo: Great. Yes. Chair Sarnoff: Okay. Thanks. Mr. Ihekwaba: Thanks. END OF DISTRICT 1 DISTRICT 2 CHAIR MARC DAVID SARNOFF DISCUSSION ITEM DISCUSSION ON THE FORMULA E ELECTRIC CAR RACE. 13-00203 Email - Formula E Electric Car Race.pdf 13-00203-Submittal-Presentation-Formula E Electric Car Race.pdf City of Miami Pane 132 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 DISCUSSED Chair Sarnof: Okay, I guess I'm up. Discussion on the Formula E Car Race. You guys been here for a whale? Fascinating meeting, wasn't it? You're going to go back to Europe and you're going to say, Man, these Americans. Giorgio Veroni: We learn a lotfrom today. Chair Sarnof: (UNINTELLIGIBLE), right? Mr. Veroni: So Formula E, we are represent -- Chair Sarnoff • Please state your name,* the record. Mr. Veroni: I'm sorry. Giorgio Veroni, Mr. Chairman and member of the Commission. My name is Giorgio Veroni. I represent Formula E Holding, which is the company who bought the rights for 25 years from the federation of the automobile, international automobile, which is the governor of the motorsport racing in the world. We bought the rights because we thought it was a good opportunity for the electric vehicles to he promoted and to make them sexy and to take them all over the world in the best cities. So now we are new and as new, we decided to go to the best ten cities because the first three years we have ten races and promote our formula. Miami was selected and also one of the reason, it was because you had an history ofIndv car race here before, but also because it's international city with an amazing weather and amazing landmark. And so we believe Miami, with Los Angeles and New York, will be selected with the three top cities in US. (United States). The other city that committed to do this race as we standing is Buenos Aires, Rio de Janeiro, London, Rome, Berlin, Beijing, and probably Tokyo. So as you can see, the top cities in the world; and probably Vancouver in Canada, which now they -- and a lot of city after are announce or advertising or being in the press a lot, they want to pay. They avant to pay for us being there and racing there and host a race so -- hut we going to he firm on the ten cities for the first two, three years. We would like to be engaged with Miami for at least five because it's -- we believe this is going to be great here. The impact in the City will he under two aspects, on the economical and the sustainable impact, and also will be -- I mean, less for -- the disruption will he only one day. I mean, we will work over two weeks. The disruption of the City will he one day event, which we'll he closing only for, I think, around ten hours. We can make it -- we can do the qualifying in the morning and do the race in the afternoon and reopen after the race as soon as possible. And we know that when we dealing with the City, we know that it's a major problem. But the other disruption, there will he a great impactfrom the economical point of view. It will be -- it's -- from Miami, it's been estimated around ten million just for visitors, people spending money. It will be around 2.5 million worth of taxes for the cities [sic]. It will he an incredible advertising for the City around the world because it will be televised in each country. So it will he a great, great, great event viewed hy, we thinking, about 30 million people each race. So other things, the sustainable impact, which we want to -- we believe in electric vehicles. We want to make them sexy. We want to sell it. We want to create a community. We want to teach the young or teenager that approaching to the first driving license to drive an electric vehicles. We aiming for Miami to have electric vehicles at least in the next three, four years. Everybody drives at least one of electric vehicles. We would create events around the -- within the two, three days events, we will create events around the City with major sponsor, with car manufacturer and -- towards the sustainable aspect of the formula that we represent. Chair Sarnof: All right. You've given us sort of a PowerPoint. Mr. Veroni: Yes. That's -- Chair Sarnoff • Okay. City of Miami Pane 133 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Mr. Veroni: -- the presentation. The truck is being indicated -- going around Biscayne Boulevard and around the American Airline [sic] Arena and then going through -- it's going through l2th Street and 2nd Avenue, turn right on l4th Street and down back to North Bayshore Drive and come back to Biscayne Boulevard. That's what we -- which it was -- originally was the -- it's kind of similar to the old Indy car/truck that you -- Chair Sarnoff: And you -- and this could he done on a Saturday, am I right? Mr. Veroni: That can be done on Saturday, on Sunday. It can be done in a day where there's a lack of events in the City, so we kind of flexible. To understand, we don't want to impose ourself on a date where the City has already -- or, you know, there's a basketball event or there is other -- or there's a -- I mean, we really flexible. We totally -- we want to work with you to find a dry date and to -- less disruptions and less, less, less problems for the City. We are totally understand and totally flexible. Chair Sarnoff • I asked them to come just as a presentation; that this was going to go through a little more iterations, little more refinement. I just wanted to bring it to you all just to see what's the opportunities and what, you know, the issues might or might not he. I know you guys are getting some buy -in from the Performing Art [sic] Center and everyone else. Mr. Veroni: Yes. Chair Sarnoff.' But I just wanted -- I wanted everyone to see when you come to me, they don't get to see it as well, so continue to work on it. What's the projected date, do you think? Mr. Veroni: We were thinking around end of, what, 2014 as a -- some -- next year. End of August, beginning of September is a date. Or we could do July. I mean, July, we question the City. There's not much going on here. End of August, there's not much going on here. Chair Sarnoff: Those are great times. It is a great time to bring people around. Vice Chair Gort: A lot hi' opportunity. Chair Sarnoff • It is very quiet in Miami. Mr. Veroni: So it's like tourism (UNINTELLIGIBLE) tourism from Europe and, you know -- you know, so for us it's very -- as you said, very flexible. Vice Chair Gort: And you've been working on this -- the site itself for a while now? Who do you been working with -- the selection of the route? Chair Sarnoff: They -- actually, Francisco Garcia has probably worked with them on the site selection the most. Vice Chair Gort: Site selection, okay. Mr. Veroni: Yeah. Vice Chair Gort: 'Cause this is very similar to the race we used to have here before. Commissioner Spence -Jones: The route is (UNINTELLIGIBLE). Vice Chair Gort: The same mute is about pretty much the same that we had before and it was very successful. City of Miami Pane 134 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Mr. Veroni: Yeah. But kind of -- Chair Sarnoff: Sort of the same vicinity of the City, but not -- Commissioner Carollo: If they can reach out also to Bayfront Park? Commissioner Spence -Jones: Yes. Commissioner Carollo: Because 1 think we had experience from the last time. Commissioner Spence -Jones: And how -- it was good? Chair Sarnoff: I think so. Commissioner Carollo: Yeah. Chair Sarnoff: Very (UNINTELLIGIBLE). (UNINTELLIGIBLE), you're right. Commissioner Carollo: You know, so -- you know, if you could also reach. out to Bayfront Park since, in the past, you know, that we've, you know, done anything like this, we -- you know, we have some experience with it so -- Chair Sarnoff.' And the reason 1 sort of like this is it's an electric car and it doesn't have that loud varoom and it's cleaner. Mr. Veroni: Yeah, there's no noise. There's a little noise, hut no noise at all so -- And then it's a beautiful car. We will show -- we will send you pictures of the new prototype and it's going to be Chair Sarnoff: But Commissioner Carollo's right. There was a body of knowledge acquired from previous -- Vice Chair Gort: Bayfront Park has used all of it. Chair Sarnoff.' Yeah. There is a body of knowledge. And, you know, I had the opportunity with the Volvo to have a body of knowledge that wasn't very positive for the second Volvo. I wish we learned a little more from that but -- and there's a body of knowledge out there, you know. It is nothing wrong with -- Tim. Schmand knows it. Is that pretty much who you want him to see? And 1 think he's right. I thinkjust -- let's acquire what went right, what went wrong and, you know, continue to work with us. And, Pieter, make sure that he sees the right people. Mr. Veroni: Thank you for the opportunity. Vice Chair Gort: Thank you. Mr. Veroni: We would really like to, you know, proceed and work with you together like with the other American cities. So we would like to -- I mean, I don't know if it's possible to announce something like we did in Rome. In Rome we did a beautiful day of -- with the Mayor, with the champion, with our representative. We did a press day where there was a lot of -- the car went around a piece of Rome and arrive in the city hall, and then we did a hig press conference with the Mayor, with the champion, answering questions, and then we can -- we would like to do the same here, and we would like to he -- Miami to be the first city announce in US. Vice Chair Gort: We would love to. City of Miami Pane 133 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Mr. Veroni: Around April -- we were thinking about April or -- Chair Sarnoff: You did this. You have -- you're still in town for a couple days? Mr. Veroni: Yes. Chair Sarnoff: Please meet with Tina Schmand. If there's any -- well come back to me. If I think it needs to come hack to the Commission, you know -- number one, we should vote because it's going to be a closure of some time on Biscayne Boulevard. Commissioner Carollo: Absolutely. Chair Sarnoff: So we're going to bring this back. What, you said April, March? Close. Mr. Veroni: We can do May. 1 mean, I would like -- Los Angeles agreed -- the Mayor wants to do Earth Day, which is the 20th of April. Chair Sarnoff: Okay. Mr. Veroni: I would prefer to have Miami the week before or two weeks before, a week hefore -- Chair Sarnoff • Okay. Mr. Veroni: -- around that day. Chair Sarnoff: I think May timeframe works, hut let's -- Mr. Veroni: If it's May, it's -- I mean, we can -- Commissioner Carollo: Of next year, o1.2014. Chair Sarnoff: That's the race, right? Mr. Veroni: No, no. That's the announcement. Chair Sarnoff: You announce a year ahead of time, okay. Commissioner Carollo: The announcement -- Mr. Veroni: The announcement only brings -- Commissioner Carollo: -- May of this year? Mr. Veroni: Yeah. Tice Chair Gort: That's kind of the marketing, kind of the strategy to bring people here and make them knowledgeable. Chair Sarnoff: So if you market a whole year ahead of the race -- Mr. Veroni: We can -- because it's all marketing. It's all good for us. It's all -- you know, there's nothing committed at saying we are the city that is looking to do something or electric cars race. There's nothing to -- it's like Rome, exactly like Rome. We did it with the Mayor. The Mayor committed. He give us the keys of Rome to do the race. Of course, it's subject to -- City of Miami Pane 136 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Chair Sarnoff: (UNINTELLIGIBLE) here. Vice Chair Gort: All the approval, regulations. Mr. Veroni: It's subject to approval. It's subject to approval for the federation. The federation has to approve as well the track 'cause -- for safety reason. Vice Chair Gort: Right. Mr. Veroni: So it could he that Miami, it won't -- it couldn't -- you know, could he not a race in 2014, but 2015, but as long as we can announce, it's good for the City, it's good for the Mayor, it's good for us. Vice Chair Gort: Good for the marketing. Chair Sarnoff • Let's get this as far along as ire possibly can. I'd like to bring it back to this Commission one more time. It wouldn't have to be a long discussion, just so that we give --just one more discussion so we understand exactly what the issues are. So ii you want to bring this back, I'ni going to ask you to do it to help usher it along, the end of. the March meeting. By then you'll know if there's any issues. And this way, well have at least given an indication how we feel about it. Pieter Bockweg: IfI may, Mr. Chair. Pieter Bockweg, executive director, Omni/Midtown CRA (Community Redevelopment Agency). We have reached out to all the major stakeholders. Tim was one of. the first ones because, Commissioner, he have that experience you mentioned. They're aware. I told them there will he a follow-up meetings with them to start the planning phases 'cause, obviously, you know, they need that guidance. 1 can bring it back for another discussion item, ifyou'd like, Commissioner, for the March 28 meeting. Chair Sarnoff: Bring Off the end meeting in March. And try to develop it one more time just so we can give it a -- I don't think anybody wants him to go public without a little more indication from this Commission. Commissioner Carollo: Absolutely not. And can we have some of the finances behind it? Mr. Bockweg: Absolutely. I'll make sure that we provide -- and when I talk about the stakeholders, Commissioner, it's the Arsht Center, obviously Bayfront, the Heat Group, as well as the port tunnel with Bill Johnson. We'll make sure -- we'll put a whole package together so that when we start developing at planning stage, they have all the finances and -- And from what 1 understand, there's no cost to the City, but I leave that up to them to decide. Commissioner Carollo: That's what I mean. Mr. Veroni: That's (UNINTELLIGIBLE) -- Chair Sarnoff • (UNINTELLIGIBLE). Mr. Veroni: Yeah, there's zero cost for the City. Chair Sarnoff: Yeah, he needs to hear that because -- Mr. Veroni: Zero, zero. Chair Sarnoff: The previous (UNINTELLIGIBLE). City of Miami Pane 137 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Mr. Veroni: We've got -- I said we finance completely -- Chair Sarnojt: Right. Mr. Veroni: -- everything, so we cover cost to the sponsor and the television rights. So it's -- Vice Chair Gort: That's good. Chair Sarnaff: All right, thank you very much. Appreciate you coming up. Mr. Bockweg: Thank you, sir. Chair Sarnof f: Thank you. Vice Chair Gort: Thank you. D2.2 DISCUSSION ITEM 13-00225 D2.3 12-01391 D2.4 12-01397 D2.5 12-01398 D2.6 12-01466 STATUS OF HIRING POLICE OFFICERS. 13-00225 Status - Hiring Police Officers.pdf NO ACTION TAKEN 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 DISCUSSION ITEM 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. City of Miami Pane 138 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 D2.7 13-00236 12-01466 Contractor's Negligence - Failing to Protect Trees.pdf NO ACTION TAKEN DISCUSSION ITEM UPDATE ON ENFORCEMENT OF VEHICLES FAILING TO YIELD TO PEDESTRIANS IN THE RIGHT-OF-WAY. 13-00236 Enforcement - Failing to Yield to Pedestrains.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 Update - Lack of Adequate Milling & Resurfacing Streets 03/28/13.pdf DEFERRED Note for the Record: Item D3.1 was deferred to the March 14, 2013 Commission Meeting. DISCUSSION ITEM UPDATE PROCEDURES REGARDING THE CIP PROCESS IN ORDER TO BETTER THE INFRASTRUCTURE AND SERVICES TO THE COMMUNITY. 13-00165 Update Procedures - CIP Process 03/28/13.pdf DEFERRED Note for the Record: Item D3.2 was deferred to the March 14, 2013 Commission Meeting. 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 139 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 DISCUSSED Commissioner Carollo: But I would like to, for the record, know where we are with our audited financial statements, the issuance of our audited financial statements, the works that the County actually did, you know, and I think it needs to he mentioned 'cause I truly appreciate that they lend us some of their top auditors or accountants. Chair Sarnoff.' Madam CFO, you're recognized for the record. Janice Larned: Janice Larned, assistant City Manager, chief financial officer. With respect to the comprehensive annual financial report for the City, at this point we helieve that we will he meeting the March 31 deadline. Commissioner Carollo: And that's extremely important. And let me tell you something, we really need to thank the County because that extra help was not just extra help; it was a lot of help. And that's working as a team, working, you know, with other agencies. So that's actually real good news because we event from a `no" to a "most likely we will." So I think, you know, we need to really show our appreciation to the County and, again, to our financial team that, you know, I know has been working very hard to make sure that we issue our financial statements on time. Commissioner Suarez: Mr. Chair. Ms. Larned: If I may, Mr. Chair, I would like to echo those sentiments simply because the County came,forward. The people that they provided were of utmost professionalism and they hit the ground running. They were here for three solid weeks while they, themselves, were putting together their annual reports. So my hat is off to them. I think it was extremely neighborly of them and I thank them from the bottom of my heart. Chair Sarnoff: Very good. Commissioner Suarez: Mr. Chair. Chair Sarnof f: You're recognized. Commissioner Suarez: 1 think we should also acknowledge Commissioner Carollo for thinking outside of the box and lending us his, you know, audit experience and expertise in thinking of a way to bridge the gap and, you know, figuring it out in a way that didn't cost the City of Miami more money because, remember, my heartburn was about going on outside consultant firm and spending more money. So my hat's off to you, Commissioner. Good job. Commissioner Carollo: Thank you. And you know we all work as a team and -- Tice Chair Gort: Good idea. Commissioner Carollo: Thank you. We all work as a team and, realistically, what I want to make sure is that we just move forward, especially financially, and this is a good step, being able to issue our financial statements on time, and it's still not there yet so, you know, we need -- we still got a few weeks to go. But it appears like we're definitely on the right direction. And being able to show to the business community, to the world out there that, hey, we, at the very least, can issue our financial statements on time, you know, I think, you know, is a big plus, and I think it's a start of a change in this financial turmoil that we've been in. Thank you. Chair Sarnoff: Okay, you're -- City of Miami Pane 140 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 D3.4 13-00167 D4.1 12-01455 D4.2 13-00237 DISCUSSION ITEM UPDATE REGARDING COMPLIANCE WITH THE FINANCIAL INTEGRITY PRINCIPLES ORDINANCE. 13-00167 Update - Financial Integrity Principles Ordinance 03/28/13.pdf DEFERRED Note for the Record: Item D3.4 was deferred to the March 14, 2013 Commission Meeting. 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 DISCUSSION ITEM UPDATE ON "REVERSE REDLINING" LITIGATION FOR VIOLATIONS OF THE FAIR HOUSING ACT. 13-00237 Email - Update Reverse Redlining.pdf DISCUSSED Commissioner Suarez: And then my actual discussion item has to do with -- I brought it up last Commission meeting very briefly. I know it was at the end. It was -- also happens to be, I think, the last discussion item, but I really, really indulge your patience. It talks about reverse redlining where banks have basically shattered the City of Miami by illegally issuing discriminatory loans to minorities. They have earned millions of dollars issuing discriminatory mans and continue to do so. Basically, the hanks have made mans to minorities with more onerous terms than loans made to whites with the same credit score. Example, higher interest rates, prepayment penalties, balloon payments, et cetera. These loans led to heightened rates of foreclosure in minority areas. The Center for Responsible Lending stated that it has become particularly troublesome that minorities receive riskier loans even with similar credit ratings. For example, among borrowers having FICO (Fair Isaac Corporation) scores above 660, loans with higher interest rates among various groups were as fellows: whites, 6.2 percent; African Americans, 21.3 percent, 3.5 times higher than whites; Latinos, 19.3 percent, 3.1 times higher than the rate for equivalent Non -Hispanics and African Americans. Since 2003 numerous studies have shown that the Miami -Dade area is one of the top five hardest hit in the nation in terms of foreclosures, approximately 240,000. A significant number of these foreclosures have occurred in the City of Miami. Numerous studies have shown that each foreclosure cost the City ofMianai approximately $20,000. These costs incurred include increased police, fire, and other social services required to respond to each foreclosed properties. And I know we've all dealt City of Miami Pane 141 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 with this in our respective districts. In addition, each foreclosed property reduces tax receipts due to diminished home values. What can we do now? There is a clear legal precedent that allows the City of Miami to sue the hanks for discriminatory lending practices under the Federal Fair Housing Act. The U.S. Supreme Court, in the eleventh circuit, case law supports this position. Several municipalities have brought similar- discriminatory lending cases against the banks: Atlanta, Detroit, Baltimore, Memphis, and others that are not -- that are pending but not disclosed. In addition, the Department of Justice has also set up cases against Bank of America for 335 million and Wells Fargo for 175 million. The funds recovered in these cases can be used to restore and enhance essential government services. We talked at length today about restoring police benefits and this is a pot that we could use to do that; police, fire, education, children services, libraries, parks. Moreover, this case sends a clear message to the hanks that they cannot harm Miamians without being held accountable. I'd ask the City Attorney if she could work with me on exploring, finding a firm that could represent the City of Miami in such a case, pro -- I mean, not pro bono, but at no cost to the City, and whatever they can recover on behalf of the City -- I don't want to get into the actual amount, but it's -- it can a significant amount of money, very significant amount of money, more than the amount of money that we found under the mattress in November so -- and it could be used for a lot of the critical services that we've been discussing and debating here today. So with the Commission's consent, I'd like to work with the City Attorney to try to identifY a firm that can represent the City, so long as it doesn't in any way, shape, or form hinder the City or cost the City any money or create any liability to the City, as Commissioner Carolln just stated on the last item.. Vice Chair Gort: You need a motion? Chair Sarnoff: I don't think he needs a motion. Commissioner Suarez: Is that okay? I mean, is that okay with you all? Vice Chair Gort: I'll make a motion to appoint you to work in the -- Commissioner Suarez: Madam Chair, can we --? Chair Sarnoff: Don't you have to he careful about tampering? Julie O. Bru (City Attorney): I'm sorry? Chair Sarnoff: Tampering. I'm not sure a lawyer can pay the cost associated with litigation -- Bru: Right. Chair Sarnoff • -- under the Florida Bar rules. Ms. Bru: Right. And that's an issue that we have identified as something that we need to discuss. There's certain costs that lawyer can advance on behalf of the client and, of course, you know, the firm can agree to do the work on a contingency fee basis. What I'd like to suggest is if, as a matter of public policy, the Commission feels that this is a cause of action that you want us to -- Commissioner Suarez: Explore. Ms. Bru: -- explore, I will work with Commissioner Suarez and we will hring hack to you a presentation -- Commissioner Suarez: Of course. City of Miami Pane 142 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Ms. Bru: -- that's -- I would have to do it individually 'cause I wouldn't want to get into a lot of details -- Commissioner Suarez: Understood. Ms. Bru: -- on the record. But with your permission, I will reach out to some firms that have identified themselves as capable and qualified to do this kind of litigation and bring to you individually a presentation with a proposal and then we can vote it up or down at a public meeting if after you get briefed individually, you decide that this is a cause ut action that you want to pursue. Commissioner Suarez: That's -- Vice Chair Gort: Agreed. Commissioner Suarez: -- perfect. Thank you. Chair Sarnoff.' Okay. Commissioner Suarez: Thank you. Chair Sarnoff: Anything else? That's it. We're adjourned. Commissioner Suarez: Thank you. END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 DISCUSSION ITEM 13-00170 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 far the Record: Item D5.1 was deferred to the March 14, 2013 Commission Meeting. Chair Sarnoff • Okay. Now we're up to district item D3.1. Commissioner Spence -Jones: Mr. Chairman, I know you -- earlier I mentioned to you that I had to leave by a certain time so -- Chair Sarnoff: Do you want to -- do you have something? Commissioner Spence -Jones: If you -- I -- Chair Sarnoff: I don't mind. Commissioner Spence -Jones: Two seconds. It's not going to be -- City of Miami Pane 143 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 NA.1 13-00307 Chair Sarnoff: It's all right. Commissioner Spence -Jones: -- a big thing for me. Chair Sarnoff • D5 (District 5). Commissioner Spence -Jones: We already dealt with my pocket item. The other one was the succession plan, which I'm going to just roll it over again to the next Commission meeting. Bever1v'.+ done a great joh. I don't know where Beverly is, and I don't know i f you guys have had an opportunity to see it. But there's a few other things that 1 asked her during nay break to make sure that she includes it in the plan. So she's going to bring that hack at the next -- correct, Beverly, that we're going to include it in the next -- the additional --? Okay. Chair Sarnoff: Wait. Beverly, come up to the mike. Just state your name. Beverly Pruitt: Beverly Pruitt, Human Resources director. Yes, the DROP (Deferred Retirement Option Plan) succession plan, you'd like to bring for March 14 agenda? Commissioner Spence -Jones: Yes. Ms. Pruitt: Yes, we'll he ready and we will distribute it with the packet. Commissioner Spence -Jones: Okay, with the minor adjustments END OF DISTRICT 5 NON AGENDA ITEMS DISCUSSION ITEM DISCUSSION BY COMMISSIONER SPENCE-JONES REGARDING THE IMPLEMENTATION OF STREET CLOSURES IN LIBERTY SQUARE FOR THE PURPOSE OF ADDRESSING VIOLENT CRIME. 13-00307-Submittal-Memo-Street Closures in Liberty Square.pdf DISCUSSED Direction by Commissioner Spence -Jones to the Administration to provide the City Commission with a fiscal analysis on the use of technology, such as Shot Spotter and/or closed circuit television cameras (CCTV), for the purpose of addressing shootings by the next meeting. Chair Sarnoff: I think Commissioner, you had a -- you had -- Commissioner Spence -Jones: Yes, yes. Thank you, Mr. Chairman. 1 know we have a big item coining right after, so I want to at least let my residents go home. I want to -- if you don't mind, I'd like to pass this down to you. Pin going to ask the police chief to join us. I thank you, Mr. Chairman, for taking out the time, and my fellow colleagues, to kind of address a situation that I think is inoperative that we put some attention on. As you know, this past weekend I experienced not only gang violence in my district but also a lot of gun violence, which, to me, represents things are totally out of control. From Saturday really afternoon at 1 o'clock till all the way Monday afternoon, I witnessed -- or not witnessed; actually went and visited families that were affected by this rash of shootings in my district, especially in the Liberty City area. I want to thank the homicide detectives that diligently worked to -- you know, and continue to work to get to the bottom of these vicious and crazy crimes. That is, Assistant Chief Roquo [sic] and, of course, Eunice Cooper. They've been staying on top of this issue. The thing that has really City of Miami Pane 144 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 touched my heart over this weekend was a shooting that actually took place -- and all the shootings actually touchmy heart, but this one in particular was the shooting of a 16-year-old boy. His name is Marquise Brunson. And far -- and I mentioned it a little earlier in our discussion this morning how I got a chance to -- actually, every night this week I've actually visited the house of the mother. She has a younger son. He's 15 years old. And basically, in the heart of Liberty Square, a group of guys, young guys that are all gang -affiliated opened up fire, one with an AK-47 (Automat Kalashnikova) and one with a regular gun. In the midst of this, Marquise Brunson was actually hit with a round of -- actually a bullet that actually went to the hack of his head. I got a chance last night, with some of my residents, to kind gig() and walk in the same area where he was actually shot and got a chance to also go through some of the houses that were in that area and I'm telling you -- and I'm going to suggest this to any of my fellow Commissioners 'cause I think it's a good idea. Even though it's not in your district, I just want you to really feel and understand some of the pain that the residents are enduring in that neighborhood or in that area. But as I walked through each one of those apartments, when you -- you see the actual gun holes in the walls or in the staircases or that have gone through the windows or the doors. It was only by the grace of God that somebody else didn't get shot, you know. So I just think that -- I passed out this -- a copy of this memorandum that we passed out or we did back in April of 2012, which is almost a year now, making the recommendations that we address the issue of street closures, and working along with Liberty Square, to at least try to decrease some of the violence that we've seen in the overall area. Quite frankly, I'm just going to tell you, I'm really at the point where I'm so tired or sick and tired of talking about the same thing over and over. From last April to now -- where we are now, March, I probably had about at least between 8 to 10 shootings or fatalities that have taken place when we clearly could have addressed the issue or at least try to address the issues of these street closures and other little small things that they're asking for. So, really, I wanted to bring a couple of things to your attention to ask for your support because it's really not just about me. It's going to take the whole entire Commission, the City of Miami Administration to really, really support the police department and the residents that live in our City and the Liberty Square area to really make a difference to see things change. I have to say this. I am appreciative of our chief. As soon as we started talking about this almost a year ago to address the issues of gang violence, we put together a group called Stand Up Against Violence Alliance with the chief supporting -- his assistant Dennis to kind of begin to address, you know, intervention, prevention, things that we can do. So we're starting these rap sessions. As you know, the chief did the gun buyback. We did the film boot camp. Everything involved around that was trying to get these kids to think about something else or to get the residents to be -- empower the residents to do more. I'm just at the point that I'm just so tired of talking, and I really want to go over a few suggestions, and I really would like to have your support. My first thing that I would like to address with the chief on this issue is -- and I'm glad that all three departments, the County, the City, and the School Board, we now can acknowledge that we do have a gang problem. It is not the same kind of gang problem that Oakland and L.A. (Los Angeles) has, but it is a gang problem. We have 14, 15, 16 year olds that are terrorizing the neighborhoods, and the reality is, it makes no sense for a 12, 7, 8, or 9 year old not to be able to go out in front of their own yards, in front of their own apartments and not he able to play. Yesterday when I did my walk through, I had several parents that came out to me and said, Commissioner, we're -- our kids can't even go outside. When they shot -- and then I'm going to go straight to the issue because I know we have things we have to cover -- when they shot the -- when the perpetrator shot in the area, he kind of shot in almost an open kind of like area, and what happens is in each section there is like these metal gates. So one of the parents told me -- and I believe she has about seven kids herself -- she said, Commissioner, all we heard was Bing, bing, bing, bing, bing, bing, bing. Because when the AK-47 rounds began to be fired, the sound of it just, you know, ripped through the neighborhood. And I'm saying this to you -- we talk about what, you know, this kind of -violence does to soldiers that are fighting in, you know, Afghanistan and other areas and the affect that it has on them mentally when they return. Can you imagine a 7 year old, a 6 year old, a 9 year old, you know, every single time that they hear anything that remotely sounds like that, what it does to a child? This is a kid. So you know if fa soldier comes back that's been trained, that's been educated, that City of Miami Pane 145 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 knows how to fight, knows how to do all of those things, you know, they come hack and they're shell-shocked or they're trying to adjust to this environment. Can you imagine a 7 year old, a 9 year old literally afraid to walk out their house because of the sound. And I'm telling you, I saw the mother last night and she said to Inc. Commissioner, you know what the saddest thing about this whole thing for- me is -- it's not to say that her son has not had some challenges. But she said to me, she said Commissioner, I can almost deal with almost anything -- and she's been trying real hard to raise her three boys. She said to me, the hardest thing for me to deal with is that once Marquise was shot in the head, that people gathered around, took photos, and posted it online. So when her 12 year old went online to, you know -- you know, go Facehook and all of that, the first time -- or the first time she ever saw her son again was seeing him posted with a hole in his head. There is a problem. We cannot continue to ignore it. We do have a gang problem. We have to put the attention, the resources to change it and stop it. And now you have the younger boy that's 15 years old that was almost like a twin -- they call one big twin and little twin -- that six months prior to that, involved in the same kind of gang activity, was shot and killed as well, and the 15 year -old brother happened to come out of the gas station -- and I think I'm correct on this -- where they were coming, from the movies -- not to say that they're the greatest kids 'cause they got, you know -- there needs to be things that these kids need to be involved in. But when he walked out after all of the shooting took place and he had to see his friend laving down there shot several times, that had already done something to him mentally. You can't see somebody shot like that that many tinges and it not affect you. And then six months later -- less than six months later, your win brother or your close to twin brother is dead as well. So these kids have gotten to the point that they are desensitized. There's no value in life. You pick up a gun faster than you pick up a pencil. That's a problem, guys, you know. And I know our problem may not be big as -- as big as other cities, but we got one that's a small problem right now that's affecting a whole entire neighborhood and it's only getting worse. Because what happens after that is because big twin, or Marquise, gets shot and killed. Now there's a retaliation thing that's going on. So now his group wants to go after that group. And guess what? They don't care about anybody else that's in the middle. So I really -- if there's no other time that I've come to you guys to say to you I need your help, I need your help, I need your support, 'cause we have to make sure that this community gets everything that it needs. So with that being said, the first thing I passed you out was the street closures, which I asked for almost a year ago, the conclusion that came from it; and you see on the hack of it, is that, you know, after weighing the pros and cons, the street closures are necessary. And the residents are here because they know that the violent crimes are out of control. These street closures would not only create a safe environment so that the kids with play and run and have a good time in their own neighborhoods, but it also will limit the access ofpeople corning through there doing drive -by shootings, running, and then shooting and jumping in cars. This would -- this will help us with that issue. I'm willing to use any of my homeland defense dollars, nay bond improvement dollars just to create temporary closures. But don't want this to he another year before we're talking about closures. I want to do this in the next 30 days. We cannot afford -- people need to see that the City took immediate action and something changed, whether or not it's planters to close them off, barricades, whatever it takes, but just so that they feel that something has changed. I've asked Sarah, which is the chairperson of the Resident [sic] Council, to at least bring a quick comment, if ,you don't mind, Commissioner -- or Chairman Sarnoff, because I think it's important for you to hear from them. But Pm just -- I've been full all weekend on this issue. And I cannot see another Sherdavia Jenkins. 1 cannot see another Jay Rock. I cannot see another Dantrell. I cannot see another kid get shot down, Rakiya (phonetic), none of them get shot down senselessly' because of these guns. So, Sarah, if you could take a minute just to put your support for the street closures and just anything that you'd like to say to the Commissioners. Sarah Smith: Good afternoon, Mr. Chair and to all the Commissioners. My name is Sarah Smith. I'm president of Liberty Square Tenant Council. As the Commissioner was saying, this has been a struggle that I've been trying to get and a piece of the puzzle that I've been trying to put together for the last ten years. Unfortunately, the last incident that happened wasn't the first. This was ever since 2008 we've been asking for closures where we could be able to deter some of City of Miami Pane 146 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 the traffic, some of the drive -by shootings, and some of the killings that's been going on in our community. Everybody that's over there in our development where we live is not bad people. We have law-abidingpeople. We have working class womens [sic] that's there that's trying to raise their kids. Most of us on low income, true enough, but then that doesn't make us a bad person either. We just trying to struggle to, you know, make ends meet. We're voters. We do make sure we go out and put elective candidates in place where they need to be in place. Right now we're asking for the support of the City of Miami and through the County. We're really trying to hold HUD (Department of Housing and Urban Development) and Metro -Dade housing agency responsible for all o f this that's been occurring over there, because somebody has to have a heart and step up and let these people know that we care. 1 can't do it by myself. I'm always on TV (Television) advocating that. I'm always asking that the violence stop. I'm always asking for peace. I'm always advocating peace. But we need someone to help us right now. We can't do it by ourself: Right now I'm a small person. I might not have the finances and everything I need in place to get it closed 'cause if I had it, I would have did it yesterday myself: I'm asking fin - brighter lights -- Applause. Ms. Smith: -- in our community. I'm asking -Pr the closure of all the alleys. I'm asking for speed bumps on the main avenues to slow down the traffic. I'm asking for more police vigilance. I'm asking for anybody that want to stand up out there with us and walk through there and try to advocate for us to be able to have a safe environment. I'm always open to any ideas that 1 haven't thought of, really, just to try to get some peace over there. It's scary. Me, myself, I walk the streets to different people house 'cause they're scared. They call me out of my own home. It's not like I'm corning there to visit there 'cause I'm saying I'm the president of Tenant Council; I live there. I'm there 24 hours. So nobody don't have to tell me what's going on; I'm living it every day. It's like I'm on a battlefield. I was a victim of once, 2008. I was shot up on my porch advocating, for stop the shooting. When Sherdavia got shot, 1 got shot. It wasn't headline or anything, but I ain't let it stop me not one time for trying to push for safetiness [sic] and* health and well living because just because we live over there, it doesn't mean we have to be living in ghetto, dirtiness, none of that, no. I still stand up and I still brush myself off and I still try to stay there to help the people that needed help, 'cause I could have been gone way long time ago but I choose not to. I choose to help the ones that can't help thevself [sic]. So I'm just asking for support this afternoon. I'm asking that the pilot programs and stuff that we're trying to put together, that y'all please consider it for us. And we -- right now we just need any kind of moral support, financial support, whatever that it takes for us to put these things in place so we can make it a better place for us at this moment 'cause it's getting worser [sic] and worser [sicJ. Thank you. Commissioner Spence -Jones: Thank you, Ms. Sarah. Applause. Chair Sarnof f: Commissioner -- Commissioner Spence -Jones: Yeah. Chair Sarnoff. -- I mean, the thing we should be saying up here is, obviously, to close a County street, you have to get -- I'm sorry -- whether this is a County or City street, you have to -- Commissioner Spence -Jones: It hoth. There's some City and County streets in there. Chair Sarnoff • -- you would have to get the County to -- they'll do a traffic study, which is not what you want to hear. City of Miami Pane 147 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Commissioner Spence -Jones: Well, we -- let me -- it's already done. Chair Sarnoff: And it -- did they get permission? Commissioner Spence -Jones: We've all -- I mean, this has been done, like Sarah says, since really -- it goes hack a while, 2000 -- The City and the County has already sat down. We already know where the closures go. We know all of that. Right now, you know, it's just a matter of us using the dollars right now temporarily. Thu know when we have to go through this whole process of CIP (Capital Improvements Program), sometimes it takes even longer. So the -- Commissioner Suarez: Discussion. Commissioner Spence -Jones: -- reason why I'm bringing it up now is I can't wait, you know, 90 days from now 'cause it'll he a new shooting, so what I'm asking for is for us to get temporary street closures so at least -- Chair Sarnoff • Yeah, Jersey harriers. Commissioner Spence -Jones: Right. Just so that the people in the community knows that we reacted immediately. Because by the time Igo and get, you know -- Chair Sarnoff: Mr. Manager, do we now have Jersey barriers at our disposal? 1 could tell you where they are at GSA (General Services Administration) in case you're wondering. I know of 15 Jersey harriers. Don't know if that's enough. Don't know if that's all they have. But when I was out there, there were 15 Jersey barriers on the northeast section of the corn -- of the property. And I know that for nae, on one occasion, you put three Jersey harriers up. And I'd ask you to do every Jersey harrier in our arsenal for wherever it is that you think you can start creating a safe zone and keep expanding that safe zone, Chief: And I say to each and every Commissioner, a hundred cops. Maybe we do a surge in Liberty City and we put 20 cops, you know, so they can all see each other. Because I'll tell you what, you're not going to shoot where you see a cop -- Commissioner Suarez: Absolutely. Chair Sarnoff: -- because you guys won't allow that to happen. Applause. Commissioner Spence -Jones: So if ,you guys -- just real fast just, Chief, I know on the street closures, I know that you've heen working closely with us. If you could just put something on the record on -- and 1 just want to make sure 1 got their support over the next 30 days, whatever it takes, you know, to make it look attractive in whatever way we can, 'cause I don't want to just throw something up there that's not attractive either. So whether or not they're planters, we'll figure out what that is. But I just wanted you to put on record, you know, your support of it. Manuel Orosa (Chief of Police): Commissioner, the police department, a long time ago, I want to say about probably 10 years ago, looked at the -- this matter and everything was ready to go; and at that time, there was some residents that were opposed to it so everything was stopped. Now that we have everybody's support, we're willing to go forward with it. Jersey harriers are not going to look pretty. What would recommend is we can do the Jersey barriers for now until we have an opportunity to purchase something similar, like the DDA (Downtown Development Authority) purchase those big beautiful -- Commissioner Spence -Jones: Planters. Chief Orosa: -- the planters. You can fill them halfway with concrete and the rest soil and City of Miami Pane 148 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 landscaping and it'll look pretty. Commissioner Spence -Jones: Okay. Chief Orosa: But well get together and we'll determine exactly what we need so that we have one entrance, one exit into the Square. Commissioner Spence -Jones: Okay, great. The second thing, really fast, I just wanted to mention -- and this is piggybacking off of Commissioner Suarez's -- we did talk, the chief and I, about perhaps putting together a pilot program. in Liberty City since that's where we have more of the shootings take place. And I don't know if Major McQueen is still here. But we talked about a zone that we would do, the shot -- what is it? Why do I keep calling it shot callers? It's called shot -- Commissioner Suarez: It's ShotSpotter. ShotSpotter. Chief Orosa: Right. Commissioner Spence -Jones: ShotSpotter and license tracker. Chief Orosa: Yeah. I submitted to the Administration early part of this week a memo basically pointing out the good and bad parts that we saw in ShotSpotter. But I think ShotSpotter would be a good situation if we can attach to it CCTV (Closed -Circuit Television) cameras and as well as license plate readers. There are grants out there for license plate readers. My staff went on yesterday, actually, to Hialeah to take a look at their system. It's a great system. It's $25, 000 per camera. I'm suggesting like 10 cameras. We can put it nearby the Square and in the entrance and exit of 1-95. And, basically, the way it would work is ShotSpotter would look at the -- make the alert of the shot, CCTV cameras would turn towards that area, and then the license plate readers can read the license plates in the surrounding neighborhoods, especially if somebody jumps on 1-95 to do a getaway, we would have that information. So at least we're looking, for example, for a black Impala. We search far black Impalas; got it on the license plate reader; got the tag. We can research who owns the car, if it's stolen or not, and basically track down the culprit a lot faster. Commissioner Spence -Jones: Okay. So I just wanted to make sure I have the support. And if the chief can bring back at the next City Commission -- 'cause I'm sure, Mr. Manager, there still has to be a process. So if we can bring that back in front of the Commission, because we do still need to know what the fiscal impact that is going to be. I would like for you to bring it back so that that is something that we put in motion as well. The other -- third thing that I wanted to mention to my fellow Commissioners -- we've been talking about this for a while, which is the issue of trackers. And there is a dispute as to whether or not there was officers within the vicinity at the time of the shooting or not. I know that, for instance, chief I was there last night and I was walking in the area myself by myself with a group of the residents, and I was there for at least -- maybe about an hour and a half, and during that hour and a half that I was there, I didn't see not one police officer at that particular time. Not saying anything negative. I'm just letting you know. And after a major shooting like that takes place, the one thing you want the residents to feel is there's enough coverage and there's enough presence of them being there. So one of the things that I think is important and I wanted to share with the Commissioners, I think it's important that we look at the technology of trackers to make sure the officers are staying in those particular zones so that when something does happen, then it's -- we know at least where they are. I know that you've already started your research even hefore I mentioned this today so I, at least, wanted the residents to hear that you're already doing it and what's the progress or process on that. Chief Orosa: There's -- I have to go next week to a local agency that has a tracker system to take City of Miami Pane 149 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 a look at exactly how everything works. There's many out there. There are GPSs (Global Positioning Systems) and there's trackers. The one I am going to go look, it's about $80 a unit and $100 installation and then there's a monitoring -- a small monitoring fee. But the good thing about this tracker is that it's installed inside the dash of the car where nobody can get to it and it can tell you when you open and close your police car door; that accurate. So we're going to he looking into that, as well as other units. What -- I've looked at other units, but it goes mounted in the engine department and, you know, someone can tamper with it. Commissioner Spence -Jones: Okay. Chief Orosa: So I want something that's tamper -proof. Commissioner Spence -Jones: So is this a 30-day, 60-day before you --? Chief Orosa: No, I'm going next week. And then as soon as I get all the information, I will provide a memorandum to the City Manager an what 1 found and the findings. Commissioner Spence -Jones: All right. Commissioner Suarez: Mr. Chair. Chair Sarnaff: You're recognized. Commissioner Suarez: Can we get a copy of that as well, because I didn't get a copy of the ShotSpotter memorandum? Chief Orosa: Okay, I'll get you a copy. Commissioner Suarez: Thank you. Chair Sarnoff: All right. Vice Chair Gort: You know, that's a great idea. And being a pilot program, once we see it works, we can implement it in other neighborhoods where we have the similar problems. Commissioner Spence -Jones: Yeah. Vice Chair Gort: Now my question to you is is the County police -- Applause. Tice Chair Gort: -- it's close by or it's a part of the perimeter? Chief Orosa: We've met with the County, School Board, and ATF (Alcohol, Tobacco, Firearms). We're starting to he more involved in the Square from 10 in the morning till about 5 o'clock in the morning; people are more vulnerable, getting shot from midnight to four o'clock in the morning, so that's what we're going to he doing. And we're going to he rotating groups of officers into the Square. And then ATF will try to do some gun operations, as well as taking -- whatever guns we get off the street, try to get federal charges on individuals. The County is going to beef up their efforts in their nearby Brownsville area and nearby -- want to say just west of the City in the 40th Mock to about 62nd block. That's where they're having the most of their problems. They're going to beef up that area. And then (UNINTELLIGIBLE), the united gang taskforce, they're going to he involved as well, coming into the Square and outside. And my main focus -- and I told the whole group -- is that I do not avant to be an occupation army there in the Square. Ijust want policemen walking around being friendly with neighbors and residents and getting to know City of Miami Pane 150 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 people. Applause. Chief Orosa: I do not want anything to go wrong and then the Police Department is seen as an occupation army. I just don't want that. So we're going to he doing several of these operations within the next few months until we can get the barricades in order and do everything we need to do to get things to calm down. We also contacted the School Board because there's a lot of teachers that are aware of what's going on with kids hecause kids talk in the hallways. We need those teachers to come forward and tell the School Board so they can tell us of any type of problems; that Johnny and Jimmy got involved in alight and now they're posting that they're going to shoot each other. We need that information to try to stop that information. So that is something the School Board's going to help us with as well. Vice Chair Gorr': Thank you. Commissioner Spence -Jones: And last but not least, Mr. Chairman, I think that all these things we're talking about are the after-effects of the violence. One of the things that I would like to do -- and I know that the chief and I have talked about, but I want to have my fellow colleagues support -- is -- I think that intervention and prevention is extremely important. When these kids commit offenses, first and second time offenders, there needs to he something that deals with those kids immediately, and it needs to focus on kids that have a tendency to have guns or kids that are already involved in gang activity. Part of the issue that I'm seeing and what Ion hearing from many parents is that, for whatever reason, when that first or second time thing happens with them, there's nothing in between there from an intervention side. And I know we look at stuff like PAL (Police Athletic League) and we look at stuff like the police academy and those other programs, hut there's some kids that are just not even in that -- they're not even in that lane. These tough kids, the kids that you can't even get them to participate, we got to, figure out a way to come up with programs or something, perhaps through LTF [sic], which is what I'm making a suggestion for. I've been asking for you to come back and let me know whatever resources we do have left through LEFT [sic], LFT -- LTF -- did I say it right? Chief Orosa: It's LETF (Law Enforcement Trust Fund). Commissioner Spence -Jones: You know what I mean. To come back at the next City Commission meeting and say, Commissioner, this is what we have to deal with, from a pilot project standpoint, to really look at initiatives that are going to drill down and get those tough -to -reach kids. Because at this point, if we don't come up with something for them and those are the ones that are terrorizing the neighborhoods, then all the good kids that you're trying to help with PAL are going to be shot down in the street anyway, you know. Applause. Commissioner Spence -Jones: So I would just like for you to he able to come back and say, Commissioner, this is what we have. And I hope I have the support of my City Commissioners. We got to figure out something else for these kids. And, Marc, when you showed -- one time you asked, you know, to bring the arrests records to see the revolving door of some of these guys that are going in and out. And one of the guys I believe you had on the list -- I don't know if you realize this -- but one of them got arrested, got back out -- just got back out in January and has been, you know, terrorizing some of the other younger kids, you know. So -- and he should have never gotten out, right, chief? He should never even he out. And he much older than the 14, 15. He might be in his late 20s or early 30s. So my point is, you know, we got to start figuring out -- if the older gang guys are going to have more for him to do, then we can't create something for that kid, you know, as an alternative, he's going to go with the older gang guy. He's not going to go with someone that, you know, can mentor him or take him out of that. So I really City of Miami Pane 151 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 would like to make sure we come up with some sort of support to do a pilot project to address those first- and second -time offenders on those issues. Commissioner Suarez: Mr. Chair. Chair Sarnoff' You're recognized. Chair Sarnof f: Ijust want to thank Commissioner Spence -Jones and I also want to thank the chieffor taking a proactive approach -- Commissioner Spence -Jones: Yes. Commissioner Suarez: -- and getting personally involved, because I think it requires a very high level of personal involvement from the chief because these are problems -- Applause. Commissioner Suarez: -- that our lives depend on. Commissioner Spence -Jones: Yes. Commissioner Suarez: And it's not only the lives that we're losing every day, but it's the peace of mind of the people that live in those neighborhoods that can't live in peace, they can't live in peace. And so I commend the Chairman for continually bringing up the issue. I commend Commissioner Spence -Jones for taking up ShotSpotter and -- really, it's not about ShotSpotter per se. It's about any sort of technology -- thinking outside of the box -- any technology that gets us closer to solving the problem that we're having, the reoccurring problem that we're having of constant daily shootings in our inner city, and it's something that we all have a responsibility to do whatever we can in our power to solve the issue. Applause. Commissioner Suarez: Personally, we all should get involved. And I thank you, chief, for personally getting involved in this issue because sometimes it takes your -- you know, the personal involvement of the Chief of Police, you know, to get the resources that we need to solve the problem. So thank you. Chair Sarnoff: And -- Commissioner Spence -Jones: Right. Chair Sarnoff.' -- chief you did a memo, my favorite memo in the world, and you actually told us what this cost. You actually told us what it cost for a person to he killed. You told us what it would cost for a person to get shot. These are things that cost us hundreds. I think it -- IfI remember, the murder was a million dollars per murderer. So we know we have 200 murders on average -- 1 think I got that one right, and you didn't come out of your boots this time -- in the City of Miami on an annual basis. We know that's $200 million right there. So, you know, everything we're doing, Mr. Manager, you know, I know it's cause and effect, but you have to try some things to see if have an effect, so now you have your cause. So I think everybody here supports this, Commissioner. Commissioner Spence -Jones: Thank you so much. Applause. City of Miami Pane 152 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Chair Sarnof: And, you know, I was even going to say if the County didn't even approve the street closure -- Vice Chair Gort: We'll -- Chair Sarnoff.' -- we can do an act of civil disobedience, close the street and -- Applause. Chair Sarnoff: -- you know -- But the good news is -- Commissioner Suarez: That will he fun. Chair Sarnof f: -- I don't have to get arrested because, apparently, they have done that already and that would have been my first act of civil disobedience, just want to say, hut it good to see that. So thankyou Jor bringing it up. Commissioner Spence -Jones: I appreciate. And I want to just say to my fellow Commissioners, I really, really appreciate your support. I really wanted the residents to see that you're behind them and that, you know, when they hurt, we hurt, you know. And that they are citizens of our area, and I wanted them to see that there's a real commitment to make it happen. And Mr. City Manager, we look, forward to working with you. And Public Works -- I don't know where Zerry is. Somebody did mention something about the lighting, which is a big issue. That's Zerty aver there. Mr. Manager, if we can -- we don't want it to be a 45-day thing. We want it to be like a next 72-hour thing, that we literally go in there and look how dark it is in the Square to immediately address the issue of the lighting with Florida Power and Light because it's extremely too dark. And guess what, I know the officers don't want to have to walk in that dark, dark area. So that's something that if we can have the City Manager work along with them to do that. And then, also, as far as street closures are concerned, Zerry, if you can work along with Police, because we're going to need Public Works, chief to do that. We can't do that without Zer ty. If we can work on getting that plan together almost immediately so that we don't have that as an issue. And then in our last CRA (Community Redevelopment Agency) meeting for those that were not there, hut I believe Suarez and -- Chair Sarnoff • Gort. Commissioner Spence -Jones: -- Gort were there, we did talk about doing the same similar pilot in OT, in Overtown, but doing it through the CRA so we're not using our dollars from the City to do that, chief So I'm assuming when you put shot callers -- what is it called? Shot trackers. Chief Orosa: Spotter. Commissioner Spence -Jones: Shot -- Commissioner Suarez: ShotSpotter. Commissioner Spence -Jones: ShotSpotter. Chief Orosa: Spotter, the tracker. Commissioner Spence -Jones: Okay. Commissioner Suarez: whatever. Commissioner Spence -Jones: Trackers, spotters, but for the Overtown area; that we would want City of Miami Pane 153 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 to do the same thing in the OT area 'cause we are getting a lot of shootings there. And I see Gomez is standing at alert when he hears OT. So we would definitely, like -- want to be able to -- ifyou're going to do it for -- putting that in motion in that area, we want to he ahle to do that in OT as well. Chief Orosa: We will provide two different proposals based on the needs of the Square and the needs of 3rd Avenue and 2nd Avenue, that area. Commissioner Spence -Jones: Okay, great. Chair Sarnoff • All right. Chief Orosa: Can I -- Chair Sarnoff: (UNINTELLIGIBLE) move along. Chief Orosa: -- clarif}' something? Chair Sarnoff.' No, chief. Commissioner Spence -Jones: Sure. Chief Orosa: Okay. Chair Sarnoff.' You're a good guy. Chief Orosa: For some reason, you keep saying we got 200 murders and -- Chair Sarnoff: Am 1 wrong on that? Chief Orosa: Yeah. Commissioner Suarez: Yes. Chair Sarnoff: What's the --? Commissioner Car•ollo: Yes. Chair Sarnoff: What is the number? Chief Orosa: Sixty-six we had last year. Chair Sarnoff: I apolo -- I really do apologize. I thought I had actually -- Chief Orosa: I don't want to alarm people. You know, even though -- Chair Sarnoff: You're right, you're right. 1 don't -- Chief Orosa: -- 66 is had enough -- Chair Sarnoff: -- I don't need to -- Chief Orosa: -- but 200 -- Commissioner Spence -Jones: And every time -- City of Miami Pane 154 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Chair Sarnof: Where's the Herald? Can you just -- can you excise that part out: Sarnoff got wrong 200 murders? Okay, thanks. Commissioner Spence -Jones: Every time you -- Commissioner Suarez: Strike it. Commissioner Spence -Jones: -- do that, you know -- Chair Sarnoff: They don't give me any breaks over there. Commissioner Suarez: Strike it from the record. Chair Sarnof f: Right, right, right, strike 'ilium the record. Commissioner Spence -Jones: Thank you. Vice Chair Gort: I only have one question. Commissioner Spence -Jones: Thank you, residents. Vice Chair Gort: My understanding, there's the first offender -- there's a program. that exist already. Maybe that should be expand with the school system and Miami Dade College working with us. Chief Orosa: Yeah, but when you shoot somebody, they're -- Vice Chair Gort: No, 1 understand. But when she was talking about the other kids -- Commissioner Spence -Jones: Yeah, the ones -- Chief Orosa: Yeah. Vice Chair Gort: -- that had the major problems -- Commissioner Spence -Jones: -- that are hanging out with those gangs. Vice Chair Gort: -- that we can work with them. Chief Orosa: Okay. There's a whole sort of different programs, but what 1 think the Commissioner is going to is that when these kids come out of jail because they were involved in a shooting and they did their time or for whatever reason, they go back to the same -- Commissioner Spence -Jones: Thing. Vice Chair Gort: Oh, you're talking about those -- Chief Orosa: -- situation, same atmosphere, and that's when we need a -- something to mentor these kids and change their minds. Commissioner Spence -Jones: Yeah. Or -- I'm sorry. Or if they're hanging out with some of the kids that have gotten in trouble that may have been a part of the shooting and they may not have been the shooter and we recognize that this kid or the parent recognize my kid is having an issue, then he -- she can refer someone there to help. And I think part of the problem is there's no -- there's nothing to fill in the gap. City of Miami Pane 155 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Chair Sarnoff: Okay. All right, let's get back on schedule. Commissioner Spence -Jones: Thank you, guys. NA.2 DISCUSSION ITEM 13-00308 COMMISSIONER CAROLLO ACKNOWLEDGED THE PRESENCE, IN THE MIAMI CITY COMMISSION CHAMBERS, OF STATE SENATOR MIGUEL DIAZ DE LA PORTILLAAND SCHOOL BOARD MEMBER CARLOS CURBELO. DISCUSSED Chair Sarnoff: Commissioner Carollo is recognized for the record. Commissioner Carollo: Mr. Chairman, Ijust wanted to acknowledge and recognize State Senator Miguel Diaz de la Portilla and School Board member, Carlos Curbelo. Chair Sarnoff: There you are. Good to see you guys. Commissioner Carollo: Thank you. NA.3 RESOLUTION 13-00255 District 2- Commissioner Marc David Sarnoff A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING A ONE HUNDRED EIGHTY (180) DAY EXTENSION OF TIME FOR THE CLOSURE OF A PORTION OF AN ALLEY, PURSUANT TO RESOLUTION NO. 08-0615, ADOPTED OCTOBER 23, 2008, FURTHER AMENDED PURSUANT TO RESOLUTION NO. 12-0423, ADOPTED OCTOBER 25, 2012, LOCATED BETWEEN NORTH MIAMI AVENUE AND NORTHWEST MIAMI COURT, NORTH OF NORTHWEST 20 STREET, MIAMI, FLORIDA, SET TO EXPIRE ON FEBRUARY 28, 2013, ASSOCIATED WITH THE PLAT ENTITLED "MIAMI SUN PLAT". 13-00255-Legislation.pdf 13-00255-Exhibit A.pdf 13-00255-Exh i b itB. pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnotf Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-13-0071 Chair Sarnoff: Commissioners, I have a pocket item. It is a resolution of the City of Miami, with attachments, granting an additional 180-day extension, which, if you remember back in October 23 -- back in October 25, 2012, we did, pursuant to a resolution number 08-0615, pursuant to -- which was the previous resolution, 12-0423, which was again adopted October 25, 2012, for a lot located between North Miami Avenue and Northwest Miami Court, Northwest 20th Street, Miami, Florida. That was -- that will he set to expire on February 28. And it's just a 180-day extension in which to allow them to plat. City of Miami Pane 156 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Commissioner Carollo: Move it. Chair Sarnoff: We have a motion by Commissioner Carollo. Tice Chair Gort: Second. Chair Sarnof f: Second by Commissioner Gort. Any discussion? Commissioner Spence -Jones: I just wanted to have clarity. I know this is actually in your -- it's actually in your district. Is this the waste area? Ijust want to be clear. Chair Sarnoff: Yeah. Well, I don't -- yes. I didn't want to call it that, but yes, it's -- Commissioner Spence -Jones: Okay. Chair Sarnoff • Yes. It's an alley closure. They want to be able to close an alley. Commissioner Spence -Jones: Okay. And -- so we're just giving them a --? Chair Sarnoff: Just giving them an extension of time that was granted to them. -- Commissioner Spence -Jones: Okay. Chair Sarnoff: -- Commissioner, back on a full vote -- not fitll vote -- full presentation October 23, 2008. They -- it was about to expire October 25, 2012. We granted them an extension. I believe as a result of the lawyer having to move offices, they didn't get it done in time. We're just giving him an additional -- Commissioner Spence -Jones: Okay. Chair Sarnof f: -- 180 days to do it. Commissioner Spence -Jones: No problem. Tucker Gibbs: Mr. Chairman, may I speak to this? Chair Sarnof f: It's not a public hearing. Mr. Gibbs: 1 asked that l can speak to it, though. Chair Sarnoff. I know, and it's not a public hearing. Mr. Gibbs: So you're telling me I can't speak to this? Chair Sarnoff: I'mjust saying it's not a public hearing. What is there to speak to? Mr. Gibbs: I had represented a group of neighbors this particular piece of property. Chair Sarnof f: So you're speaking despite the fact there's no public hearing? Mr. Gibbs: I'd like to at least let the Commission know -- Chair Sarnoff. I'm not going to grant you a public hearing. If anybody else in this Commission wants to grant you a public hearing, I'll let them do it. City of Miami Pane 157 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Commissioner Spence -Jones: Marc. Mr. Gibbs: Okay, if that's the position. Chair Sarnoff' All right. So all in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnoff: Thanks. NA.4 DISCUSSION ITEM 13-00309 DISCUSSION REGARDING THE UPCOMING CITY ATTORNEY VACANCY. 13-00309-Submittal-Report-Proposed Plan to Fill City Attorney Vacancy.pdf DISCUSSED Commissioner Spence -Jones: And then the other thing thatl had as a part of the succession plan was the City Attorney's vacancy. I know that -- I'm in support of what she's proposing. I believe her and Julie had an opportunity to go through those items. I'm assuming that the other Commissioners have gotten copies of this. Okay, all right. So it's basically just a job announcement, and I believe that Julie and Beverly have kind of gone through the three major points on it. And then I love the idea that they have a timeline in place for recruitment, which I think is important. Of course, we don't have to stick to these timelines. We don't even have to discuss them today. We can take them and digest them and he ready to go through them on -- by the next Commission meeting. I'm fine with that. But what Beverly is suggesting, just so that we have enough time to breathe on this process, is to really start the recruitment period, starting on the 4th, which is actually Monday. That would -- about a month to actually recruit. And then on the 14th -- Chair Sarnoff It's like a win and lost thing here. That's page 9. I like that. Commissioner Spence -Jones: And then on the 14 -- I mean, on the 14th, when we come back together, we should all have -- he prepared to provide our selection committee appointees. Chair Sarnoff March 14? Commissioner Spence -Jones: Yeah, March 14th. Chair Sarnoff: Okay. Commissioner Spence -Jones: Okay. So I want to thank Beverly -- Chair Sarnoff So we should be prepared for the -- I'm sorry. I didn't mean to interrupt you. We should be prepared to have our appointees. Commissioner Spence -Jones: We should have our appointee at the -- Vice Chair Gort: March 14, yeah. Chair Sarnoff: Okay. City of Miami Pane 158 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Commissioner Spence -Jones: March 14. I want to thank Beverly. I want to thank Julie. I know they've worked together to kind of pull this all together, but it seems like it's a pretty tight, you know, process, and I know that even with our process, sometimes we tend to go beyond the timelines, but at least we have a. framework. Commissioner Suarez: Mr. Chair. Chair Sarnof f: You're recognized for the record. Commissioner Suarez: First of all, I want to commend Commissioner Spence -Jones. I honestly -- initially when you brought it up as a pocket -- as a discussion item, I thought that it was --,for whatever reason, I thought the time was a little premature, but then I realize that -- Commissioner Spence -Jones: It's not premature. Commissioner Suarez: -- it's not at all premature. And 1 commend you, for this 'cause this is a very detailed -- in terms of our three constitutional officers that we've changed, this is the one -- you know, this is the most detailed I've seen in terms of you know, a timeline to get there. I only have one -- and I just got this by the way, so I haven't -- I don know if want us to make -- if we would have an opportunity to go through this. Commissioner Carollo: Practice makes perfect. Commissioner Suarez: What's that? Commissioner Carollo: Practice makes perfect. Commissioner Suarez: Yeah. I don't know ifyou'll give us an opportunity to go through this and maybe make some comments, but just one thing that I saw, which is, you know -- I mean, id like to have an opportunity to go through this at least before -- Commissioner Spence -Jones: Okay, that's fine. Commissioner Carollo: That's good. Commissioner Spence -Jones: That -- I mean -- Commissioner Suarez: If that's okay? Commissioner Spence -Jones: And, again, the whole idea is that this is a recruitment timeline that we can make some adjustments on. So why don't we just make the adjustments -- the time on it to -- by the 14th at least have it come back and then the recruitment period will start after that. Commissioner Suarez: I think that makes sense. Commissioner Spence -Jones: I'm fine. Commissioner Suarez: That's good. Commissioner Spence -Jones: Not a problem. Vice Chair Gort: Mr. Chairman. Commissioner Spence -Jones: Because it's a lot to digest so -- City of Miami Pane 159 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Commissioner Suarez: It is. Commissioner Spence -Jones: -- that's fine. Tice Chair Gort: Mr. Chairman. Chair Sarnoff: Commissioner Gort's recognized. Vice Chair Gort: I would like to add the advertising, the Miami -Dade County League of City [sic]. Ms. Pruitt: Miami -Dade County -- Vice Chair Gort: County League of Cities. Ms. Pruitt: League of Cities. Vice Chair Gort: I know they have monthly forums for attorneys and they have special committee that deal with them all the time. I think, Julie, you have been there, right? Chair Sarnoff: All right. Anything else, Commissioner? Commissioner Spence -Jones: No. Vice Chair Gort: I second. NA.5 DISCUSSION ITEM 13-00310 DISCUSSION BY COMMISSIONER SUAREZ REGARDING CDBG TIMELINESS ISSUES, WHICH HAVE JEOPARDIZED THE CITY OF MIAMI'S ENTIRE FY 2013 CDBG ENTITLEMENT AWARD. 13-00310-Submittal-HUD Letter Dated 02-15-13.pdf DISCUSSED Commissioner Spence -Jones: I'm -- no, I'm nut. Ijust wanted to make -- I know -- are you still bringing up your CDBG (Community Development Block Grant) --? Commissioner Suarez: Yeah. Commissioner Spence -Jones: That's going to he a long discussion? Commissioner Suarez: I mean, I don't know if it's a long or short discussion but -- Commissioner Spence -Jones: Okay. Commissioner Carollo: Yeah, I think we should take -- Commissioner Suarez: I'm going to bring it up. So I have a pocket item on it. I don't know if -- you want to do it right now? Chair Sarnoff' Sure. City of Miami Pane 160 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Commissioner Carollo: Yeah. Commissioner Suarez: I'm fine with that. Commissioner Carollo: Because she has to go. Commissioner Suarez: Well, my discussion -- oh, before you leave. Okay, my discussion item is basically surrounding the letter that we received from the federal government regarding timeliness issues with nur expenditures of our CDBG funding. And what ltookfrnna the reading of the letter to be, you know, a -- I don't want to say a threat, but definitely a federal government's stern, you know, admonition that if we don't spend these monies timely, then our future funding can he in jeopardy. And as we all know, that future funding is funding that provides elderly meals for our seniors, it provides economic development for our community, it provides affordable housing, and it also, in some cases, provides capital improvements. In my case, you know, we had two cap -- basically, the balance of my unspent money was in two capital improvement projects that were allocated several months ago. And 1 had a meeting recently with our new Capital Improvements director, Mr. Spanioli, who acknowledged -- and this -- in fairness to him -- He's been great since he's been here. He's been -- with me he's been great. In fairness to him, this all predates him being here. And part of the issue is that we had monies that were allocated, federal funds that were allocated for economic development dollars for months sitting in an account, and he knows that I name my projects. They have B numbers for the projects. I have like actual peoples' names. So one of the projects is Peggy Gonzalez, because she was the one that called me when her house was almost under water during some massive rain events that we had over the last couple of years. Another one is Marta Zayas, who lives in --just west of 27th Avenue and just north of 8th Street that had a traffic calming/street paving project that we had allocated funds to do for a while. We've now reallocated those funds, thanks to the new Capital Improvement director, and we're now spending them west of 37th Avenue in Gordon's, you know, area and Ernesto (UNINTELLIGIBLE). So, you know, I'm just very concerned. Ida think this is a very serious issue. This is not something that we should not take seriously. This is not something that we can simply dismiss. And it's a big concern. So I just wanted to bring it to this Commission's attention, you know, and, you know, this Administration's attention. Ijust do not fael that this is something that we should take lightly. Commissioner Carollo: Mr. Chairman. Chair Sarnoff. You're recognized for the record. Commissioner Carollo: Thank you, Mr. Chairman. I'm getting mixed signals and I'll tell you why. February 6 we were sent an e-mail (electronic), which I have, and we were all copied on it, with regards to having -- stating HUD (Department of Housing and Urban Development) is requesting a two- to three-hour workshop with Commissioners on February 21 to work with our elected officials on how best the City can ensure that we meet the CDBG timeline test. I know Commissioner Sarnoff was there for the first part and I stayed pretty much for the whole entire part. That meeting was actually recorded through our City Clerk's office and we have the tape. I'm not sure if my skiff is quite knowledgeable on how to play it, hut we have the tape. And I just want to read to you at 10:06 what the representatives from HUD -- and 1 don't think they're employees from HUD, but these are the representatives that they sent. The fact that we are here offering technical assistance on this issue suggests that the Department recognizes -- Department, I would imagine, HUD -- that the progress the City has made in its performance is satisfactory. If it were not, the department will he calling on you guys to come up with workout plans and threatening sanctions. It is not. Then at one hour five minutes and twenty seconds of that tape, Miami's performance is satisfactory. The last drawdown rate posted on HUD's web site is 1.38 percent and the threshold is 1.5 percent, so you have not crossed the threshold that will cause HUD to say you need to develop a plan. So I'm seeing mixed signals here. Because I am asked, in good faith, to go to a meeting with HUD or the representatives of HUD; they City of Miami Pane 161 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 clearly stipulate this because I asked them. I pointblank asked them. These were their response and it's on tape. I don't know if Judy or Jeff or my staff could play the tape for you, but we have the times. This is what was stated. Sn, you know, I'in a little baffled, you know. I'm a little baffled because there's miscommunication. This is not even to get into what I'm sure Mr. Mensah, Mr. Duran will say with regards to the cut in funding that automatically through off the formula. Vice Chair Gort: Right. Commissioner Carollo: So that's not even to say that. But here we have the representatives that requested a meeting with us stating that we're -- our performance is satisfactory, and that is recorded by our City Clerk's office. Therefore -- try it Judy. If you give us a second, we'll try and see if we could put the recording so you could -- And mind you, we're not IT (Information Technology) specialists or anything. We just requested, you know, public information from our City Clerk's office. Try and see if we can play the tape. And the first time is ten minutes and zero seconds. Vice Chair Gort: By the way, George, that's a nice tie. George Mensah (Director, Community Development): Thank you. Commissioner Carollo: And the reason they answered is is because I asked them point-blank: Is this for us to see how -- make sure we -- you know, we can work out the timeliness issue? Is this -- you know, where are we? And this is what they answered. Ten minutes and zero six seconds. (At this time an audio recording is played.) Commissioner Carollo: Performance is satisfactory. (Audio recording continued) Commissioner Carollo: I know it's hard to tell because, you know -- and I -- again, we're not IT specialists, but it's there. I mean, they clearly said that we are performing satisfactory. And the ,fact that, you know, there's any -- there's no -- that they're not asking us for any workout or any threatening sanctions, which they are not, so I'm a little baffled here. You know, where are we? They requested a meeting with us for two or three hours. I attended for at least two hours, two and a half hours, somewhere around there, and this is what they're telling us. So, you know, there's some miscommunications here. Mr. Mensah: George Mensah, director of Community Development. The statement that you -- was heard, it really happened. It was true. I believe that the issue came because the consultants who were there representing HUD probably didn't have the exact information, the true information. That's the reason why -- I don't know if were there at that time. That's the reason why at the end of that -- before the end of that meeting, we gave then this same letter to them so that they realize that it's gone over and above what they stated on the record. So we've had timeliness problems and 1 know that from the last e-mail (electronic) that 1 sent or memo that I send to City Commission was in, I believe, June -- July of last year. I sent a memo to the City Commission to indicate that we have a timeliness problems and I indicated what the cost was and what we're doing to try to resolve it. From that time I knew perfectly well that we were not meeting the timeliness. In nay -- I've had conversations with HUD in their field office in Miami. I have conversation with HUD in Washington, DC (District of Columbia), that the City will not meet timeliness. It's just not the City of Miami. Miami -Dade County did not meet timeliness. They have to go through the same thing that we went through in January. Obviously, the Miami Herald didn't know that because for whatever reason, it never appeared in the papers. City of Miami Pane 162 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Commissioner Carollo: And mind you, Mr. Mensah, in that tape, they also say that. They actually say we did -- we're doing a lot better than most other municipalities, so it's actually there. Mr. Mensah: Exactly. Commissioner Carollo: It says -- and it's in the tape. Mr. Mensah: But, unfortunately, we get a letter and then it's like, you know, everybody see it. Now, HUD recognizes this issue because HUD knows that those of us in the southern part of Florida, we have cuts of 40 percent -- up to 40 percent. Hialeah had a cut of 50 percent. So by just reducing the allocation by itself, you automatically put everything already out of compliance. I don't --just don't have to do anything because you are spending at a certain rate. The moment your funding get cut, you automatically get out of compliance, and that is basically what happened to the City ofMiami and a lot of other cities in the country. For that reason, the OIG (Office of Inspector General) for HUD is going around cities interviewing everybody -- and (UNINTELLIGIBLE) interviewed -- to find out what is common between everyone. That is what happen? Why everyone -- most cities having these issues, and they all come to the same conclusion. One, because of the fact that the reduction in CDBG -- automatically, whether you are spending your money or not, you automatically get above the required 1.5 ratio. In addition, HUD provided the funding too late into the year. For example, our funding comes in -- supposed to come in April 1. In April 1 we don't have the funds. So even though the City Commission make allocation, you can't spend a dime until July when you get the money in your account. So you cannot spend it. There other issues are the fact that -- or I should I say, the most -- the one that really, really hurting us is just that reduction in the -- So that's the reason why we are where we are. If we are receiving $8.5 million like we did in the last two, three years, we wouldn't have heen in this problem. So I just avant you to know that is the reason. Commissioner Suarez: Mr. Chair; if I may? Chair Sarnoff: You're recognized. Commissioner Suarez: Thank you. No. I mean, I -- and appreciate the Commissioner's input on this issue because -- 1 mean, 1 read the letter, you know, which is dated February 15, and the letter is very specific. It says that, you know, the most that we can have -- in Director Mensah's defense, he's been talking about this for months. You've been talking about this -- Commissioner Spence -Jones: (UNINTELLIGIBLE). Vice Chair Gort: Yes. Commissioner Suarez: You brought this up for months. And we are -- and I don't -- and I give you the benefit. I don't know what -- how other cities are doing in comparison to the City of Miami, but we're almost double what -- we're at 2.67 times, you know, our -- the amount of money, you know, and we're supposed to have one point -- at most, 1.5. So we're almost double. And the letter very clearly states, irrespective of what the consultants who were at that meeting said, which, by the way, I don't think they work for HUD. Do they? They do workfor HUD? Mr. Mensah: They were hired by HUD. Vice Chair Gort: They're consultants. Commissioner Suarez: They're hired by HUD, okay, but they don't workfor HUD. Commissioner Carollo: And it was my understanding that HUD requested this meeting with us. City of Miami Pane 163 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Commissioner Suarez: Look, I would -- in fact, I think here the subject of the letter is offer of informal consultation of noncompliance. Commissioner Carollo: Right. Commissioner Suarez: But my point is that the letter is clear. It says that we are not to have more than one and half times our annual grant remaining on our line of credit and we're at 2.67. And that if we continue along this path, it says HUD has a long-standing policy of reducing the future year's grant of a grantee that continues to be untimely. Vice Chair Gort: Yes. Commissioner Suarez: I mean, that to me is -- that's what -- to me -- look, to me the issue is severe. It's a -- it's an issue you've been talking about fir a while. Mr. Mensah: Yes. Commissioner Suarez: I don't think it's one that we can ignore. At some point when you get beyond 2.67 and you're at 3.1 or you're at 3.2 or you're at 3.7, at some point HUD is going to do something. By the way, when I event up to Washington the first time -- you were there and other members of our Commission were there -- HUD was like hostile. They were downright hostile to the City of Miami. So it seem to me -- Igot -- when we were going up on the expansion of the cap, of the public service cap, and they didn't seem to me to he very cooperative or very sympathetic. You know, we tried everything but the kitchen sink to try to get that cap expanded. And, you know, I'm just -- Ijust -- I'm very concerned that we're rubbing -- you know, or sticking our nose in HUD's face if we don't do something about this, you know. And from my perspective, my money's been allocated. So we need to get it spent so we can get this -- can't speak fir any other Commissioner. I'm not here to speak about any other Commissioner or any other Commission district. For me it's simply about my money. It was allocated. It's been allocated for a long period of time. And when you see a problem like this and it's -- and you see a situation -- and I talked to Mr. Spanioli about it. I said, look, there's a dual problem with this. The first problem is we don get the capital improvement project that our community sorely needs, you know, the streets, the sidewalks, the traffic circles, whatever it may be. And then we have a dual problem, which is we accumulate these balances and we jeopardize our funding. So, you know, there's a dual problem here from my perspective. I simply brought this up from my perspective. I can't speak to any other district and I can't speak to any other city, to be honest with you. I just think this is a problem that the director has been harping on and it's getting had. It's got -- actually gotten worst. In 2011 it was 1.7; in 2012 it was 1.93; and in 2013 it's 2.67, so we're almost at double the allowable amount. So we're not getting better; we're getting a lot worse. Mr. Mensah: Commissioner, I think there's one thing that -- what -- every statement that you made there is exactly the fact as in the letter, hut think you have to realize something, and that is, there's a point -- if, for example, next year we come and then HUD reduce our funding to $2 million, unfortunately, $2 million, our ratio, if —we do nothing -- Commissioner Suarez: Right. Mr. Mensah: -- will be maybe 5. Commissioner Suarez: No, 1 understand. Mr. Mensah: Because once you reduce the denominator, which is what -- (UNINTELLIGIBLE) it automatically goes up. Now, we all recognize that and, like I said, you are aware that I've City of Miami Pane 164 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 been talking about this for the last, you know, maybe 12 months. Now, we know that it is severe. We not, you know, saying it's not severe. The -- when HUD came in at the meeting -- I think the Commissioner can testi fv that HUD talked about this department, how good we are doing; we are better than most other cities; that the Department, we have the capacity, the skill set, and everything is there, and that we're doing very well. This issue, in some way, is a mathematical issue. You're spending money -- let's say you spend $2 million every month. You can continue to spend $2 million every month. Then all of a sudden HUD reduces the amount that you get. Now all of a sudden you have to spend 3 million and meanwhile they've cut your budget so you have less staff. We recognize that. They recognize that. These letters are letters that are sent to everyone that HUD is issuing, including Miami -Dade County. What I'm saying is that we recognize -- we're not saying that it's not a big issue. Commissioner Suarez: Right. Mr. Mensah: And we are addressing it. And I have staff that I'm going to take, some that I can do operationally, some that 1 will probably will need the City Commission to act on it so that 1 will he able to ensure that we don'tfind ourself in this situation. Commissioner Suarez: No. And what Pm saying is that it -- I'm not blaming your department in any way, shape, or form. 'Cause what I'ni -- what I was identifying is a different department where the money had heen allocated to to do the work and it had accumulated a balance in my particular district. So it's not -- I'm not -- like 1 said, I'm not criticizing your department. I'm not criticizing this city versus other cities. And you're probably right in terms of the mathematical quirk that when you reduce the allocation, the reserve automatically goes higher, but that just means you have to have more pressure to actually spend the money because -- Mr. Mensah: Which we are doing. Commissioner Suarez: Which we have to do. I mean, it is what it is. I mean -- but my point here is that I don't think we should -- the trend is negative. Irrespective of the fact that our allocations have gone down, it's a negative trend. It's getting, in my opinion -- even though, you know, Pm not an expert and I haven't compared it to other cities, it's getting to he almost double what's allowable. And if we continue the trend, they're warning us very clearly in black and white. We can't get upset later, you know, if somebody comes back -- and by the way, we met with the undersecretary of HUD, whose name was Miriam Marcus -- I don't know if she's still there -- n'hen we met in Washington, DC (District of Columbia). But they're warning us very, very sternly, very clearly. HUD has a long-standing policy of reducing the future year's grant of a grantee that continues to he untimely. I don't know why they would write this letter, which it goes to Commissioner Carnllo's point. I don't know why they would write this letter and then go to a meeting and make essentially what amounts to be a -- kind of a contrary statement. To me, as a lawyer, I always worry about what's in writing. Vice Chair Gort: Yes. Commissioner Suarez: And I'm glad that it was on the minutes because at least we have it recorded. But, you know, if this trend continues and it gets worse and worse and worse, I'm in fear that -- we're not a city -- we struggle to subsidize our -- the reductions in our CDBG program and we have struggled with it all up here. And, you know, I don't want to find myself in a situation where HUD comes down and lays down the boom and we say, you know -- we don't have any other excuse at that point. Alice Bravo (Assistant City Manager/Chief of Infrastructure): And, Commissioner, I assure you, we're going to do everything possible not only to spend down the funds that are in place but to work with the Administration in Washington to explain our situation, and if they keep reducing the funds, then that correlates with the increasing ratio. So we're going to do everything within City of Miami Pane 165 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 our power to ensure that our funding is not removed. Commissioner Suarez: And by the way, like I was saying, this is not exclusively a CD (Community Development) problem. This is about also communicating department to department. If -- when the new CIP (Capital Improvements Program) director came and we went over all our allocations and we went over all our projects, that's when we discovered that this money had been basically idle and hadn't been used and hadn't been started on a project, and there was an outside reason, but that had not been communicated either to us or to CD or to anybody. So we had to work through all that. And we had to move the money from one project, from Marta Zayas, to the other project, which was Gordon, okay, and now it's being used. 1t started -- the project started in February. But the departments have to communicate with each other. There's no reason why -- and maybe I'm a perfectionist. There's no reason why we should be close to two times the allowable level, irrespective of the fact that it's reduced, irrespective of the fact that maybe other cities, by comparison, are better or worse. To me it's not about other cities. It's about Allowing the rules. We should he within the threshold. We shouldn't he at the maximum of 1.5. We should be well within it. We certainly shouldn't be double. Thank you. Chair Sarnoff.� All right. Anyone else? Commissioner Spence -Jones: No. Ijust wanted to echo Commissioner Suarez. I think all of us feel the same way, that this is no reflection of George leadership, nor Mr. Duran, and all the folks that work with you. We know you work very hard to get things done. And 1 think that Commissioner Suarez has mentioned some very good points. Some of those projects that are capital improvement projects, a lot of times they're very difficult to move. I do want to say this, though. We need to also make sure that if we have projects or we have monies that's sitting there for each one of our allocations, that we move the money. I don't have a -- George, you know I never have a problem with trying to make sure money gets spent in my district, hut all of us have to do the same thing, everybody sitting up here. When George is begging us to spend the money down, spend the money down, spend the money down, we need to spend the money down. So I think responsibility does lie all around. We all have to, you know, take responsibility as well because at the end (tithe day, whatever we're not doing as district Commissioners as well affects the whole entire City. So, yes, CIP has to do what CIP has to do. Yes, that is true. You know, yes, you know, there's things that we need to tighten up from the standpoint of the department to move things maybe perhaps quicker, but us as Commissioners, we all have our own allocations for our district. We have to do our parts to make sure we spend that money down too. Commissioner Carollo: Mr. Chairman. Chair Sarnof: You're recognized. Commissioner Carollo and then corning hack to Commissioner Gort. Commissioner Carollo: Thank you. Two things. One is with regards to spend the money down Commissioner Spence -Jones: Do you need me to stay (UNINTELLIGIBLE)? Commissioner Carollo: Not really. Commissioner Spence -Jones: Okay. Commissioner Carollo: 'Cause what's happening is that, yeah, we do allocate the money, you know, but the truth of the matter is there's about 12,000 -- $12 million that have spend the money down and -- Commissioner Spence -Jones: I know. City of Miami Pane 166 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Commissioner Carollo: -- it doesn't go anywhere. Commissioner Spence -Jones: Yeah, 1-- Commissioner Carollo: And, realistically, we could play around. We could move money and say, okay, it's going to this project, and it stays there for two, three years. Chair Sarnoff But it shouldn't. Commissioner Carollo: And by the way -- and it shouldn't. Chair Sarnoff: It shouldn't. Commissioner Spence -Jones: Right. Commissioner Carollo: It shouldn't, but it does. Commissioner Suarez: That's the problem. Commissioner Carollo: And that's part of what I have in my discussion items that Pm bringing up -- Commissioner Suarez: (UNINTELLIGIBLE) discussion item, right. Commissioner Carollo: -- I bring up the CIP process and I know what -- that's what you're getting at. Commissioner Suarez: Yeah, it is. Commissioner Carollo: Because you allocate it to a project. Commissioner Suarez: Project. Commissioner Carollo: Well, guess what? It doesn't go anywhere. Commissioner Spence -Jones: Right. Commissioner Carollo: And it just sits there. Commissioner Spence -Jones: I wasn't necessarily talking about you. I don't know -- Commissioner Carollo: No, I know, I know, I know. Commissioner Spence -Jones: (UNINTELLIGIBLE) -- I didn't know if you're referring this just to you. My point is all of us -- not just your allocations, but we all have things that we -- as district Commissioners, we have our own separate allocation. Whether or not u'e defer to George and tell George, okay, this is where we want our monies to he spent, and it sits there and it should move faster, we still got to take that first step. That step -- first step is spend the money down and then, if they're not doing what they have to do, that becomes their responsibility, or then we can say they are the blame for that. But we got to do our first part and that is to make sure that that money's allocated or that money -- we identify where we want projects to go. So that's really my point. Yes, that's why I said responsibility is all the way around. If we have -- we know we have a certain amount of money that we have to spend in our districts, we need to go ahead and just make the allocations and then, if they don't do it, then we stay on top of them. But we still City of Miami Pane 167 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 NA.6 13-00286 need that first step in order to get to the point that they, you know, have to do what they need to do. And I really apologize, guys. I'm. already (UNINTELLIGIBLE). Chair Sarnoff: You changed clothes, right? You changed clothes, didn't you? Commissioner Spence -Jones: No. I (UNINTELLIGIBLE). Mr. Mensah: Mr. Chair, can I just put something -- Vice Chair Gort: Let me, follow up on the -- something Commissioner Suarez stated. It's very important that we talk to each other. I had a problem with the fire station located Northwest 12th Avenue and 20th Street, which is in the district. It needs to he repaired immediately. Unfortunately, we were told there was no money. Finally, George was able to get together with our Fire Department and I come up with the funds to fix that. Lot of those funds can he used for a lot of the equipment that we need and a lot of the infrastructure that we need to do within the districts. That's why we need to sit down and make sure we utilize it and maximize on it. Thank you. Commissioner Suarez: Thank you. Mr. Mensah: No. I just want to also put it for the record that because of the new article that came in the papers and -- you know, talking about elderly and things, we have a -- there's a possibility that other people are thinking that they might not he able to get their meals because of this issue. So I just wanted to assure people that we know there's an issue, but we definitely will work through it, and that no elderly person will he without meals. Just wanted to add that. Chair Sarnoff: All right, thank you. RESOLUTION District3- A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR Commissioner Frank RICK SCOTT AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO Carollo TAKE ALL NECESSARY LEGAL OR ADMINISTRATIVE RULE MAKING ACTION TO REQUIRE THE DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES, AND MOBILE HOMES TO REQUIRE THAT THE BUILDING DEPARTMENT OF A LOCAL JURISDICTION BE NOTIFIED WHEN A DEVELOPER APPLIES FOR CONDOMINIUM CONVERSION APPROVAL IN ORDER FOR SAID JURISDICTION TO RECEIVE A COPY OF THE BUILDING INSPECTIONS REQUIRED TO BE FILED AND BE ABLE TO SUBMIT THEIR CONSENT TO CONVERT BEFORE SAID APPROVALS ARE GIVEN; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS STATED HEREIN. 13-00286-Legislation.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnot7, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0072 Chair Sarnoff: Anybody -- I'm going to ask anybody who has a blue page item that they want to discuss. City of Miami Pane 168 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 Commissioner Suarez: I do. I just have one. Chair Sarnoff: You said that was itfor you, right? Commissioner Carollo: Yes, that's it for my discussion items. I do have a pocket item that I -- Chair Sarnof f: Go ahead, go ahead. Commissioner Carollo: -- want to make sure that 1 do bring out and it's going to be -- it's actually one issue, two pocket items. And if I may, I'm going to pass it out. Commissioner Suarez: I move them both. They're good. Commissioner Carollo: They're actually very good. And I'd like to say that this was brought to our attention by several reports that have been done in the last few weeks, especially by El Nuevo Herald, very good reports that have shined a lot of light to issues that we're having in Little Havana. The Miami Herald has also reported. And in all fairness, Univision Radio has also reported this and has been on top of this. And I don't know how many of you have read the different reports, articles, but there's issues within Little Havana. And I'll briefly state that a while hack there were some apartments that were purchased and they were converted into condos. The first resolution that you have is whenever the state gives permission to change that condo -- change that apartment to condos, they need to notify us. Because right now as it stands -- and Mr. Fernandez could explain a little further. Right non' as it stands, they could just turn it; we have no idea. Vice Chair Gort: They don't pull any permits. Commissioner Carollo: Yeah. Vice Chair Gort: Repair permits. Commissioner Carollo: So the truth of the matter is, I think this -- Commissioner Suarez: They don't require any collaboration with a local entity. Commissioner Carollo: Right, and I think there should be, you know. And by the way, I didn't draft this by myself: This was brainstorming session with the Manager and with Mariano Fernandez, our Building director so, you know, I applaud both of them. And, listen, fair is fair. 1 was very critical of our City Manager when it came to the, financials, as you all know, but at the same time, I had to be, fair. And let me tell you something his expertise as an engineer with regards to CIP (Capital Improvements Program) projects, building codes, and stuff like that, you know, being an engineer has really been an asset, and you know -- and you know I'm fair. I've criticized when I need to, but at the same time, I say it the way it is. And being able to team up with him., with Mariano, really brainstorm and look at some of these resolutions to really, you know, make sure that in the future, we could prevent some of the same things that are happening. It's a real plus. And I commend both of them. So this is something that Pin bringing on and I hope that I could seek your support. I'll read this one first and then we'll take a vote on the second resolution, if7 may. And the first resolution is urging Governor Rick Scott and the members of the Florida Legislature to take all necessary legal or administrative rulemaking action to require the division of Florida condominiums, time shares, and mobile homes to require that the Building Department of local jurisdiction be notified when a developer applies for condominium conversion approval in order for said jurisdiction to receive a copy of the building inspections required, to be filed, and he able to submit their consent to convert before said approvals are given; directing the City Clerk to transmit a copy of this resolution to all the City of Miami Pane 169 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 elected officials. I also want to put for the record -- 'cause this is something that I asked -- is this an additional liability to the City of Miami? I have been told no. But at the same time, I would avant the City Attorney, if she could please put that in the record. Victoria Mendez (Assistant City Attorney): Yes, Commissioner. This is no different than the actual inspection process that we undergo now when it comes to changes of occupancy, changes of use, and any other types of inspections. So it's no different than that. Commissioner Carollo: So in other words, there's no additional liability to the City nfMiami? Ms. Mendez: No. Commissioner Carollo: Okay. That's what wanted to hear. Chair Sarnnf: All right, we have a motion by Commissioner Carollo -- Commissioner Carollo: Motion -- so move. Vice Chair Gort: Move it. Second it. Chair Sarnnf: -- we have a second by Commissioner Gort. Any discussion? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. Commissioner Carollo: Thank you. NA.7 RESOLUTION 13-00287 District 3- A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THAT ANY Commissioner Frank AND ALL LEGAL OR ADMINISTRATIVE STEPS BE TAKEN BY THE BUILDING Carollo OFFICIAL TO DENY 40/50 YEAR RE -CERTIFICATIONS WHEN THE PROPERTY HAS BUILDING CODE VIOLATIONS, UNSAFE STRUCTURE VIOLATIONS, OR OPEN OR EXPIRED PERMITS ON THE PROPERTY WHICH IS THE SUBJECT OF THE RE -CERTIFICATION. 13-00287-Legislation.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0073 Chair Sarnoff: You're recognized for the second pocket item. Commissioner Carollo: Thank you. The second pocket item is -- and right now it's going to he a directive. However -- how do attorneys say it? I reserve the right to hring hack and see ill could actually codes this 'cause it's something that lthink is very important. What -- and I think the resolution speaks fbr itself, so I'm just going to read it. A resolution of the Miami City Commission directing that any and all legal or administrative steps he taken by the building official to deny 40- and 50-year recertifr'cations when the property has building code violations, unsafe structure violations, or open or expired permits on the property which is the subject of the City of Miami Pane 170 Printed on 3/25/2013 City Commission Meeting Minutes February 28, 2013 recertification. I think this is a no-brainer. Chair Sarnoff: All right, we have a motion by Commissioner Carollo -- Tice Chair Gort: Second. Commissioner Suarez: Second. Chair Sarnoff: -- second by Commissioner Gort. Commissioner Suarez: Can I just ask a question? I can't imagine that this doesn't already exist. Commissioner Carollo: Well -- Vice Chair Gort: I want to discuss something later after that too. Commissioner Suarez: Yeah. Chair Sarnof: Why don't -- Mariano, why don't you tell us? Vice Chair Gort: Yeah. Mariano Fernandez (Director; Building): Okay. Chair Sarnof: It's a good question. Mr. Fernandez: Mariano Fernandez, Building director. Commissioners, Mr. Chairman, the County passed an ordinance requiring all building departments and all building officials to register all buildings over 40 years old and 50 years, 10 years after the 40 years in a cycle. Every year, at the beginning of the year, normally around February or March, we receive a list from the County of all those buildings, that they need to be recertified. We sent a letter to them saying by this County ordinance, you're supposed to hire an engineer, an architectural firm of your choice, and provide us a report where it specifies if a building is safe, electrically and structurally, including the parking lot where it must have the one square -- one (UNINTELLIGIBLE) per square foot, okay -- and it's a catch-up in the code to all those building -- from -- before the building official with a fee. If the building will require some additional work or something in the opinion of the engineer, electrical or structural, they will need to pull the permits, do the work, and after that submit the complete report saying the building is structurally safe and sound. We had been taking -- I've been an building official since 1992 and I've been taking those reports -- and 1 think most Only fellow building officials in Miami -Dade County -- on face value because they come signed and sealed by either a Florida licensed engineer or architect. And, apparently, there were some concerns this week about what happened with this condominium; why we accepted this report when there were an open permit expire in our records. Well, unfortunately, we didn't have the manpower at that time to go over the amount of buildings, which is around -- between 1,700 to 2,000 a year that we need to evaluate, in addition to all the unsafe structure cases. So, for one reason or another, we didn't see that portion. Plus, in reality, it has no value, in my opinion as the building official, with the sign and seal of the engineer who tells me that the building is safe and sound, okay. So it may he an administrative permit that is expired or something, but we never did it in the past. In a position of extra safety or going above and beyond what the County ordinance intention was, we are proposing to the Commissioner and to the City Manager that we go these further steps, being sure and directing me that in addition to take the face value of the engineer and architect or architect, that we check all our records so we don't have any more cases where there are no open permit has been forgiven or inside of one box and we can -- it can he brought up in front of somebody else. So from now on, we're going to be sure to do that. City of Miami Pane 171 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 Chair Sarnof f: Commissioner Gort. Vice Chair Gort: Let me ask a question. My understanding is, in conversion, from apartment building to condominium, if -Ws less than 40 years, all the permits that they pull is just replacement or repairs. Am I correct? Mr. Fernandez: No, incorrect, Commissioner. Unfortunately, the Florida Legislatures [sic] took that from the -- nut of the building code. The building code requires that any change in use on occupancy that requires a permit and it goes to the Building Department and Planning & Zoning Department. However, the legislatures [sic] took the condominium, as part of the condominium law, and they exempt it for that requirement to pulling the change of use. They just need to file with the appropriate law or hoard in Tallahassee the condo documents, which is a legal document, and an inspection report which the State requires, but we do not receive any documentation to that respect. Vice Chair Gort: But I just want to make sure that people understand that our Building Department does not go in and inspect the building to be that the structure is safe. Mr. Fernandez: We do not. Vice Chair Gort: Okay. So you can make the conversion and that's -- Mr. Fernandez: That -- Vice Chair Gort: -- that's what happened in the old Little Havana building. Mr. Fernandez: Commissioner, we don't go because of these fact. But if we are doing an inspection far- any other permit and we see any structural things or we are in an unsafe structure case or possible code violation, yes, we are required to go. Chair Sarnof f: All right, so we have a motion. We have a second. All in favor, please say lh'e. " The Commission (Collectively): "Aye. " Chair Sarnoff: Are we okay with you now, D3 (District 3)? Commissioner Carollo: Yeah. We're done. Chair Sarnoff: D4 (District 4). Commissioner Carollo: I'm deferring everything. NA.8 DISCUSSION ITEM 13-00311 DISCUSSION BY COMMISSIONER SUAREZ EXPRESSING HIS DESIRE TO WORK WITH THE ADMINISTRATION ON RESEARCHING THE TECHNOLOGY AVAILABLE FOR ADDRESSING SHOOTINGS IN THE CITY OF MIAMI AND DIRECTING THE ADMINISTRATION TO PLACE A DISCUSSION ITEM ON THE MARCH 14, 2013 AGENDA REGARDING THE SAME. DISCUSSED City of Miami Pane 172 Printed nn 3/25/2013 City Commission Meeting Minutes February 28, 2013 ADJOURNMENT Commissioner Suarez: Thank you. I just -- Mariano Fernandez (Director, Building): Thank you. Commissioner Suarez: Two things. I'll by to make it as quick as possible. One is, I just would like to work with the chief: 'just got the memo. He was kind enough to give me the memo after lunch on the ShotSpotter review, and I just want to work with him on not just on the ShotSpotter review; on whatever technology -- I'm very interested in whatever technological ideas that we can implement to solve the shooting issue in our city. So 1 would ask, by and through the Manager, that 1 be allowed to sit with the chief and explore all these different options and bring it back at either the next or the following Commission meeting. Actually, you know what, put it on as a discussion item for -- not the next -- for the next Commission meeting. Todd B. Hannon (City Clerk): For March 14, sir? Commissioner Suarez: Correct. Mr. Hannon: Yes, sir. Commissioner Suarez: Thank you. The meeting adjourned at 7:15 p.m. City of Miami Pane 173 Printed nn 3/25/2013