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HomeMy WebLinkAboutCC 2013-03-28 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, March 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 March 28, 2013 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM - APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PH - PUBLIC HEARINGS FR - FIRST READING ORDINANCES 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 4/22/2013 City Commission Meeting Minutes March 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 March 2013, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Regular Commission Meeting was called to order by Chair Sarnoff at 9:15 a.rn., recessed at 11:49 a.na., reconvened at 2:33 p.m., and adjourned at 5:40 p.m. Note for the Record: Vice Chair Gort entered the Commission chambers at 9:20, Commissioner Carollo entered the Commission chambers at 9:23 a.m., and Commissioner Suarez entered the Commission chambers at 11:04 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Todd B. Hannon, City Clerk Chair Sarnoff: Morning. Okay, in the words of Spence -Jones, good morning. Welcome to the March 28, 2013 meeting of the City of Miami Commission in these historic chambers. The members of the City Commission are Wifredo "Willy" Gort, the Vice Chair; Frank Carollo, Michelle Spence -Jones, Francis Suarez, and myself, Marc David Sarnoff, the Chairman. Also on the dais are Johnny Martinez, the City Manager; Julie O. Bru, the City Attorney; Todd Hannon, the City Clerk; as well as our Mayor, Tomas Regalado. The meeting will be opened with a prayer by our Clerk and the pledge of allegiance by Commissioner Spence -Jones. Todd B. Hannon (City Clerk): Good morning. If we could -- 1 would fist like to state that this prayer was put together by Joyce Jones. She's one of our transcribers in the office. She's a phenomenal woman, and 'just wanted to share a prayer that she shared with me. Again, if we could bow our heads for a word of prayer. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 13-00384 PRESENTATION Honoree Jump -Rope Jr. Olympic Champions Water Conservation Month Mayor's Day of Recognition for National Service Seniors First Sponsors Dr. Dazelle D. Simpson Presenter Protocol Item Mayor Regalado Medallions of Honor Mayor Regalado Proclamation Mayor Regalado Proclamation Commissioner Certificates of Spence -Jones Appreciation Commissioner Living Legend Spence -Jones City of Miami Page 3 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Cynthia Baez Commissioner Certificate of Carollo Appreciation SPECIAL PRESENTATION: Bayside Foundation Announces Contributions from Bayside Marketplace 13-00384 Protocol Item.pdf PRESENTED 1. Mayor Regalado presented Medallions of Honor to the Supersonics Jump Rope team in tribute to their dedication, discipline and perseverance in competitive sports, further congratulating them for their membership on a National Award -Winning Championship Jump Rope Team with outstanding performance and terrific, overall championship efforts in national jump rope competitions. 2. Mayor Regalado presented a Proclamation to Armando Vilaboy, South Florida Water Management District, in recognition of Water Conservation Month and their role in ensuring a reliable supply of water for South Florida's natural resources and growing economy. 3. Mayor Regalado presented Certificates of Appreciation to various agencies in recognition of National Service Day and their continued commitment to the residents of the City of Miami through their volunteer efforts. 4. Commissioner Spence -Jones presented Special Certificates of Appreciation to participants and sponsors of the Seventh Annual Seniors First Expo, for their wonderful commitment to civic responsibility and communal welfare through their support of special projects in our neighborhoods. 5. Commissioner Spence -Jones paid tribute to Living Legend,"Dr. Dazelle D. Simpson, honoring fifty-nine years of remarkable contributions to the City of Miami through outstanding leadership, goodwill and commitment to excellence as the first Board Certified Black pediatrician in the State of Florida, as the First Black President of Greater Miami Pediatric Society, and as a member of several organizations devoted to health and children's issues. 6. Commissioner Carollo presented a Certificate ofAppreciation to Cynthia Baez, Assistant to the Director, Department of Solid Waste, in recognition of her valuable contribution to ensuring the improvement of the quality of our streets, our community, and our environment. 7. Chair Sarnoff introduced Pam Weller, who on behalf of GGP (General Growth Properties) and Bayside Marketplace, presented a check in the amount of $537, 627 to the Miami Bayside Foundation for the purpose of furthering the foundation's mission of supporting the residents and businesses in the City of Miami through loans and scholarships. Chair Sarnoff: We'll now make the proclamations and presentations. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, to APPROVE PASSED by the following vote. City of Miami Page 4 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez MAYORAL VETOES Chair Sarnof: Do we have any minutes for approval? Todd B. Hannon (City Clerk): Yes, sir. Chair, I have for approval the February 28 minutes for the Planning and Zoning Commission meeting. Chair Sarnof: Is there a motion? Commissioner Carollo: So move. Commissioner Spence -Jones: Second. Chair Sarnof: There's 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. END OF APPROVING MINUTES NO MAYORAL VETOES Chair Sarnof: Mr. Clerk, are there any mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. ORDER OF THE DAY Chair Sarnof: We'll now begin the regular meeting. The City Attorney will state the procedures to he followed during the meeting. Julie O. Bru (City Attorney): Good morning Mr. Chair, and thank you, 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 in the City Clerk's office. The material for each item on the agenda is available during business hours at the City Clerk's office, and it is also available online at ww.miamigov.com [sic]. Anyone wishing to appeal any decision made by the City Commission fir any matter considered at this meeting may need a verbatim record of the item. Please, no cell phones or other noise -making devices. And anyone who becomes unruly will be barred from further attending Commission meetings. Any person with a disability that requires auxiliary aids, please contact the City Clerk. And the lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon, unless the Chairman indicates otherwise. Thank you. Chair Sarnoff: Thank you, Madam City Attorney. [Later...] Chair Sarnof: Okay. Tice Chair Gort: Pull items. Chair Sarnof: Any deferrals, Mr. Manager, that you want to present? And I'll get to the Commissioners. City nfMiarni Page 5 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Johnny Martinez (City Manager): Yes, Mr. Chair. FR.4, I would like to withdraw it. RE.11, defer to April 25. Chair Sarnaff: Okay. Tice Chair Gort: That's it? Mr. Martinez: Yes, sir. Chair Sarnaff: Any Commissioners have any items they wish to defer or to continue? Commissioner Carollo: Mr. Chairman. Chair Sarnoff: You're recognized, Commissioner Carollo. Commissioner Carollo: Thank you. I'd like to defer RE.2 to the second meeting in April. And that's all I have. Chair Sarnoff: Commissioner -- anybody else? Commissioner Carnlln: We're not saying -- we're not talking about PZ (Planning & Zoning) items yet, correct? Chair Sarnoff: Yeah, I don't think we can. But if you want to indicate on the record so the lawyers can present their day, that might not be a bad idea. Commissioner Carnlln: I will in a second. Let me make sure -- Chair Sarnoff • Okay. Commissioner Carollo: -- it's the correct -- Chair Sarnoff: Not a problem. Commissioner Carollo: -- PZ item. Chair Sarnoff: So any other Commissioners? Vice Chair Gort: Mr. Chairman, I was under the impression that there was some more that were going to be pulled. Commissioner Spence -Jones: Yeah, I thought so, too. RE.1, I was told that that was being pulled. Chair Sarnoff: I'm going to do a deferral on that, yes. Commissioner Spence -Jones: Oh, okay. Ijust want to make sure. Chair Sarnoff: No, no. I just figured I'd go last. Commissioner Spence -Jones: Okay. And then FR.1 was one I was also told that was going to he Commissioner Carollo: Right. City of Miami Page 6 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Commissioner Spence -Jones: -- pulled. Chair Sarnoff: FR.1 is which one? Commissioner Spence -Jones: That is the -- and it says "Item to be Deferred," so I just want to make sure 'cause it seemed like we only had two and it seems like it's more than two. So FR.1, RE.1, I was told. Chair Sarnoff: Right. RE.1, I was -- that's fine. You could -- tell you what -- and you said FR.1. I'm a little -- oh, there it is, registration -- okay. So Commissioner Carollo's -- I'm sorry, Commissioner Suarez isn't here, so let's make it part of the motion that you're also requesting RE.1 and FR.1. Is that fair? Commissioner Spence -Jones: Okay, that's fine. Chair Sarnoff: And Commissioner Gort, you have anything? Vice Chair Gort: I don't have the -- right here, but I was told it was going to be pulled, the one about the determination of waterfront -- Mr. Martinez: Yes. Vice Chair Gort: -- property. Mr. Martinez: That's the one I withdrew, sir. Vice Chair Gort: Which one is that? Mr. Martinez: FR.4. Vice Chair Gort: FR.4? Mr. Martinez: That's the waterfront. Chair Sarnoff • And I'm going to make a comment on that so that -- 'cause I don't get to talk to Commissioners, and I want to be fully disclosing as to what I was doing and why I was doing it. But let's just go through. So we have RE.1, by Commissioner Spence -Jones, and I think we have FR.1. What would like to do is deferD2.1 for the next meeting, D2.3 for the next meeting, and FR.3, to the next meeting. So is there a motion encompassing all of that? Todd B. Hannon (City Clerk): Chair, my apologies. May I just go down the list real quick? Commissioner Spence -Jones: Yes, please do. Commissioner Carrillo: Yes, please. Mr. Hannon: Okay. I have FR.4, to be withdrawn; RE. 11, to be continued; RE.2, to be continued. FR.1, I didn't catch that. Are we deferring it or continuing it? Chair Sarnof f: RE.1 -- Commissioner Carollo: Continuing. Chair Sarnoff: -- should be deferred for the second meeting in April. City nfMiarni Page 7 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Mr. Hannon: Okay. So, RE.1 will go to the second meeting in April. FR.1, was that also to the second meeting in April? Chair Sarnoff: FR.1 is --,forgive me. That's Commissioner Suarez -- 1 think that's fine. Mr. Hannon: Okay. And then D2.1, D2.3, and FR.3 are to be deferred to April 11. Chair Sarnof f: Correct. Mr. Hannon: Thank you, sir. Chair Sarnoff.' All right, so we have a motion on those? Vice Chair Gort: Move it. Chair Sarnoff: We have a motion by Commissioner Gort -- Commissioner Carollo: Second. Commissioner Spence -Jones: Second. Chair Sarnoff: -- second by Commissioner Carollo. Just before we vote, I just want to explain FR.4 to the Commission 'cause I don't get to speak to them at all. The intention of me creating a text amendment with regard to the distance for waterfront property was solely and exclusively to create a lease opportunity for the Peacock Cafe, which would require an RFP (Request for Proposals) winner -- so I want you to know it's going out to competitive bid -- to put in the neighborhood of $700, 000 of improvements to create a cafe. It seemed to he the most expeditious way of doing it. There is another way bf doing it. I could put it, for referendum, and I'm actually going to consider doing that. But in order to get somebody to put a $700,000 investment in a city piece of property, you have to give them a lease because a license agreement, which is subject to a 10-day revocation, only gets us -- I don't want to say in trouble, but no prudent lender is going to give a businessman a lease -- I'm sorry, a loan of more than a half a million dollars with the understanding that you may have this property and you may not have it, depending on who the Commission is, who the Commissioner is, etcetera, etcetera. And I don't get to talk to any of you. We mapped it out. We, figured out what 500 feet is. We figured out what 600 feet is, in case you'd want to know. Thanks to Alice Bravo, I now know that the glass house is 634 feet away from the water's edge. I could start playing games of, well, let's do it 600 feet. And at 600 feet -- so this Commission knows -- every waterfront piece of property that we know of would he textually considered waterfront property. And what I mean by that is Bayshore Drive, Brickell, Bay -- I'm sorry, Biscayne Boulevard, would encompass everyone. So we put it at 500 with the understanding the Commission could go to 600, and it would encompass everything. But instead of doing that and giving any kind of angst or concern to anyone in the community or anyone on this dais, I will probably do a referendum to the voters where I would ask that them -- that they allow a lease opportunity in the glass house, which the revenue would then go to the hack of the glass house for parks programming. And that's -- I just wanted to he disclosing -- By the way, .for anyone watching, the Manager actually warned me about this, as 1 usually warn him about his issues. And he said, I think you're going to catch some grief over this, and I caught my grief over this. And I will do it a different way, and 'just want to be completely transparent in disclosing to everyone it was all about the glass house, just about putting a cafe in a place that homeless people congregate 'cause I don't think they will congregate there if you have internet usage and the ability of parents to watch their kids play in a park. That's it. Tice Chair Gort: Mr. Manager. City of Miami Page 8 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 Chair Sarnoff: You're recognized. Vice Chair Gort: Mr. Chairman, I believe the -- as long as we state the issues and the uses that we're going to have and the benefits to the City of Miami, I think the people will vote for it. People realize we need to get additional income, so I don't see any problem with that, and there's an existing building in that place right now. And if we can produce income for the City of Miami, I don't have any problem with it. And I think the public -- if once you told -- you inform the public, they shouldn't have any problem either. Chair Sarnoff: Yeah. My only -- the only -- 1 think it will be cheaper, Commissioner Gort, because we're having a mayoral election -- Vice Chair Gort: Right. Chair Sarnoff -- that we're going to he going out to the voters anyways, hut still have a cost factor to it, which my office will bear. But -- All right. Hearing no further discussion with regard to the deferrals or the continuances, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. I think we're up to -- oh, I said we would do blue page items -- and the reason I'm doing this, Commissioners, is by the time we get to our blue page items, you guys are tired, it's been a full day, and oftentimes, we rush ourselves. So we're going to do it just the opposite this time, and we're going to start with the District 5 Commissioner, who ordinarily would go last just 'cause her number is 5, and we're going to ask her to put her blue page items she wishes to discuss out in front now, and we're going to go then to 4, then to 3, then to 2, and then to 1. And you're recognized -- Commissioner Spence -Jones: Mr. Chairman, I would actually prefer not to go first. Is that okay? Chair Sarnof f: That's okay with me. Commissioner -- then 4, we do not have -- well, Suarez isn't here. That would then he Commissioner Carollo. You're recognized far the record. Commissioner Carollo: And before we begin, I know, you know, the Chairman sent a memo on this, I think, two days ago. Is everything -- is everyone okay with doing the discussion items first? I just -- I don't have a problem with it. I just like some lead time to know exactly how we're managing our meeting and not a last-minute thing, you know. There were a lot of last-minute memos sent out that we received, and it makes us shuffle and have to organize ourselves in an expeditious matter [sic], so I'm just reaching out to my colleagues and saying is this the way we want to continue or --? Commissioner Spence -Jones: I prefer -- I like the idea of what the Chairman is trying to suggest. I kind of like the blue page items in the end because what I don't want us to do is get stuck -- I can see how if we have blue page items and we know that's going to he the procedure, we'll take up probably half. of the morning ourself. on our own items, and our City business may be delayed a little bit. That's my only concern with that. 'Cause now if I know that the blue pages are going to be first, I'm sure our blue pages will he a lot longer now and other issues that we can address. And I just could see how we would take at least up until lunch time dealing with our own blue page items. Chair Sarnoff: I didn't suggest we would do this all the time. Commissioner Spence -Jones: Oh, okay. City nfMiami Page 9 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 Chair Sarnoff: What I was saying was, it had been -- since I've been chair, we have gone into the night -- Commissioner Spence -Jones: Yeah. Chair Sarnoff.' -- and we're very quick on our blue pages, and the blue pages are where you create your ideas, you create your own agendas. I just didn't want to -- I don't want to -- look, we all have sit -- sat, excuse me, in each other's shoes. And I just want whatever is important to you to he important to this Administration in a cogent and coherent moment. If you don't want to do blue pages first today, 1 will tell you that we will do them first the next time. I'm. going to do my blue page issues today 'cause I'm prepared to do it, because I've deferred my blue pages so often that I just was prepared to do it. With regard to who wants to go first and if you -- everybody else wants to do it at the end, I'm okay with that. If you want to do it at next Commission meeting and you say, let's clear out some blue pages, that's fine too. Vice Chair Gort: Mr. Chairman. Chair Sarnoff.' Let Commissioner Gort go. Vice Chair Gort: I feel the people that visit us -- a lot of time we have people that sit here for hours and hours and the residents, and they have to wait. I agree, if we start doing blue pages at first, we going to be half a day in here, and then the people sitting there are going to be all afternoon. That's the only problem that I have. I believe we have a commitment to here and we got to stay until the end. And if we need more time, we'll take more time. I remember sometimes we stayed until 12 o'clock at night. And when I have a Commission meeting, I set everything aside. I don't make any promise to anyone. Commissioner Carollo: Mr. Chairman. Chair Sarnoff. You're recognized, Commissioner Carollo. Commissioner Carollo: Friendly suggestion: Can we maintain it the way we had it with the difference that if any Commissioner feels that they don't want to wait 'til the end in case of what's happening that, you know, we have so many items, it's a long meeting, can then that Commissioner request to have his blue page item up at the beginning right after proclamations? I think that will be a good suggestion. And again, I leave it up to my colleagues to -- Vice Chair Gort: That's a good one. I mean, you're ready to go today, go. Chair Sarnoff: No, 1 will go today. But here's what 1'l1 do. Any Commissioner that wants their blue page item heard in the morning -- Commissioner Carollo: Right. Vice Chair Gort: Yeah. Chair Sarnoff • -- just three days -- no, it's not the five-day rule -- three days before, just give me an idea, and I could even create what we do for me, which is -- I call it a cheat sheet, and it'll tell you how -- who got special time certain -- three days before, we should know who's got time certains. Three days before, a Commissioner feels like this is something they want to talk about, that's fine. And I think the Manager then gets a little better prepared hecause if he sees a Commissioner bringing something up that they want to talk about in the morning, it's probably pretty important to them. Fair enough? Commissioner Carollo: Yeah, absolutely. And I just want to, you know, state that there's one City of Miami Page 10 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 item that I have every Commission meeting. No matter how late we stay, I bring it up. And that's the issuance of annual financial statements, the issuance of. the CAFR (Comprehensive Annual Financial Report). So whether I do it now or whether I do it at the end of the meeting, I will he bringing that up. So again, other than that, I yield to my colleagues and I don't have a problem. either doing it either way. But I just -- again, I just want to have enough lead time to know exactly how, you know, we're going to operate. Chair Sarnof f: Fair enough. All right, so I'm going to defer everyone's -- I'm going to put everybody's blue pages in the hack of the Commission. City of Miami Page 11 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 CONSENT AGENDA CA.1 RESOLUTION 13-00266 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING FUNDING OF THE "DO THE RIGHT THING" PROGRAM, IN AN AMOUNT NOT TO EXCEED $130,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, AWARD NO. 1169, PROJECT NUMBER 19-690001, ACCOUNT CODE NO. 12500.191602.883000.0000, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 13-00266 Summary Form.pdf 13-00266 Affidavit.pdf 13-00266 Certification of Applicant.pdf 13-00266 LETF Funding Request.pdf 13-00266 Annual Review & Evaluation.pdf 13-00266 Newsletter.pdf 13-00266 Financial Statements.pdf 13-00266 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0113 CA.2 RESOLUTION 13-00186 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Fire -Rescue RECEIVED NOVEMBER 27, 2012, PURSUANT TO INVITATION FOR BID NO. 341290, FROM VARIOUS VENDORS, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, FOR THE PROVISION OF PHARMACEUTICALS AND MEDICAL SUPPLIES, FOR THE DEPARTMENT OF FIRE -RESCUE, ON A CITYWIDE, AS -NEEDED, CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 13-00186 Summary Form.pdf 13-00186 Award Recommendation Form.pdf 13-00186 Tabulation - IFB 341290.pdf 13-00186 Addendum No. 1 & 2.pdf 13-00186 Invitation for Bid.pdf 13-00186 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones City of Miami Page 12 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 R-13-0114 Adopted the Consent Agenda Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gott, Sarnoff, Carollo, Suarez and Spence -Jones END OF CONSENT AGENDA Chair Sarnoff: So now let's get to the consent agenda. CA.1 and CA.2, is there anyone wishing to pull anything? Commissioner Spence -Jones: So we -- so we're going to just do blue pages in the --? Chair Sarnoff: At the end, I guess. Commissioner Spence -Jones: Okay. Chair Sarnoff: That okay with you? Commissioner Spence -Jones: That's fine. Chair Sarnoff: Okay. So we're just to the CAs (Consent Agendas) now. Do we have a motion on the consent agenda? Commissioner Spence -Jones: So moved. Commissioner Suarez: Move it. Chair Sarnoff: We have a motion by -- Commissioner Suarez: Second. Chair Sarnoff: -- Commissioner Spence -Jones, second by Commissioner Suarez. Any discussion? Commissioner Carollo, you're recognized. No? All in favor then, please say aye." The Commission (Collectively): Aye. PUBLIC HEARINGS 9:00 A.M. PH.1 RESOLUTION 13-00268 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Conznznnit4' and TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") Economic FUNDS IN THE AMOUNT OF $348,640 FROM THE DEPARTMENT OF Development COMMUNITY AND ECONOMIC DEVELOPMENT CDBG RESERVE ACCOUNT TO THE CITY OF MIAMI ("CITY"), CAPITAL IMPROVEMENTS PROGRAM FOR THE REHABILITATION OF THE CITY'S FIRE STATION NO. 5, LOCATED AT 1200 NORTHWEST 20TH STREET, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A City of Miami Page 13 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-00268 Summary Form.pdf 13-00268 Pre-Legislation.pdf 13-00268 Notice to the Public.pdf 13-00268 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, Saroff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones R-13-0115 Chair Sarnoff: Okay, public hearings. PHI. George Mensah (Director, Community Development): Good morning, Commissioners. PH.1 is a resolution of the Miami City Commission allocating the Community Development Block Grant funds, in the amount of 348, 640, from Community Development Economic Development reserve account and transferring it to CIP (Capital Improvements Program) for rehabilitation of City of Miami fire station number 5, located at -- Commissioner Spence -Jones: So move. Mr. Mensah: -- 1200 Northwest -- Vice Chair Gort: Second. Chair Sarnoff: Motion by Commissioner Spence -Jones, second by Commissioner -- by the Vice Chair. Public hearing. Anybodyfrom om the public wishing to be heard? Mr. Cruz, you're recognized for the record. Mariano Cruz: Mariano Cruz -- I come here -- anyway, 1227 Northwest 26 Street. I am talking as a lobbyist, a pro bono lobbyist, registered lobbyist. It's a CBO (Community Based Organization) of ABDA (Allapattah Business Development Authority), so give me the right -- I never see you say lei conclusion'to a lobbyist, so today I am talking as a lobbyist, okay, and that's good. I remember also in the public hearing, you get to have a resolution for the whole Commission to limit the people. You cannot limit people yourself only, the Chairman. You can limit, the Commission, but not the public. You have to have a resolution of the whole Commission to set up a time because that's Robert's Rules of regulation. I don't know ifyou read it, but I have read the whole book. Chair Sarnof f: We don't JOIlow Robert's Rules. Mr. Cruz: Okay. Well, I am talking -- I am for that -- when I saw that -- and I talked to my wife because I follow (UNINTELLIGIBLE), and she's French. And she told me, that's good. That station need painting there. That's something easy. And that's six blocks from our house. Vice Chair Gort: That's why I pushed it. Mr. Cruz: Huh? Vice Chair Gort: That's why I pushed it, because I know it's close to you. Mr. Cruz: Right. No, they serve -- no, but it was (UNINTELLIGIBLE) -- Vice Chair Gort: Of course. City of Miami Page 14 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Mr. Cruz: -- they service well the neighborhood. Andl talked to the people in Community -- to Duran, and he told me that's a -- that's allowed from Community Development to use from the reserve account monies to serve the neighborhood, so 1 am for that. Perfect, you know, anything -- the fire department, they do good, they do good, they do good because we need the -- I see lately four times they seen coming to 12th and 29th, accidents there, on 12th and 29th. So, you know, the people, whatever happened, they talking on the phone or whatever happen. A lot of accidents on the street, but the rescue is there and the station -- I remember that what used to he the incinerator there, okay, so you know I been there a long time. So I am for that. I am (UNINTELLIGIBLE) the money -- even it won't affect Community Development money. That's what Duran told me. It won't affect our money because that's from the reserve account, so I am for that too, as a lobbyist from ABDA, Allapattah Business Development Authority, and also vice president of Allapattah Homeowner's Association. Chair Sarnoff: Thank you. Mr. Cruz: Okay, nonpaid, pro bona. Chair Sarnoff: Thank you. All right, anyone else wishing to speak on PH.1? You're recognized for the record, Mr. Muhammad. Grady Muhammad: Good morning, Mr. Chair. Grady Muhammad, Miami -Dade, president/CEO (Chief Executive Officer), 5422 Northwest 7th Avenue. We're definitely in favor of this because it's a very -- this is one of the -- besides the one on 20th Street and this one, Miami Avenue is one of the oldest fire stations in the City of Miami. And I used to walk, living in Rainbow Village, all the way to the Burger King across the street there, so I know this fire station needs these funds. My only question is, is national objective being met, you know? Job creation, job retention, you know, things of those nature, or construction jabs coming from the neigh -- you know, 'cause we're doing renovations, jobs from the neighborhood or contracts from the neighborhood, residents opportunities, contractors going to likewise have that because this is going to the fire station, then it's going to go to the City CIP, and we're just now getting legislation in place to ensure the CIP ensure when Community Development Block Grant funds, the national objective job creation, all of those other things, removal of slum and blight is there. So that's the only question 1 have, is this going to meet the national objectives and jobs or contract opportunities for neighborhood residents are going to be offered ? Thank you. Chair Sarnoff: Thank you. Anyone else in the public wishing to be heard on PH.1, PH.1, please step up. Hearing none, coming -- seeing none, coming back to this Commission. We have a motion and we had a second. Any discussion? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. PH.2 RESOLUTION 13-00269 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, FOR A PERPETUAL NON-EXCLUSIVE EASEMENT OF APPROXIMATELY FIFTEEN THOUSAND NINE HUNDRED EIGHTY THREE SQUARE FEET (15,983), OF CITY OF MIAMI OWNED PROPERTY LOCATED AT THE CORNER OF SOUTHWEST 28TH STREET AND SOUTHWEST 37TH AVENUE AT DOUGLAS PARK, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED City of Miami Page 15 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 PH.3 13-00319 Department of General Services Administration IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, INSTALLATION, OPERATION AND MAINTENANCE OF WATER AND SEWER FACILITIES INCLUDING THE EXPANSION OF THE EXISTING PUMP STATION, WITH THE RIGHT TO RECONSTRUCT, IMPROVE OR CHANGE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT. 13-00269 Summary Form.pdf 13-00269 Notice to the Public.pdf 13-00269 Legislation.pdf 13-00269 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones R-13-0116 Chair Sarnoff: PH.2. Henry Torre: Good morning, Commissioners. Henry Torre, director of Public Facilities. PH.2 is a resolution granting to Miami -Dade Water and Sewer a nonexclusive easement on City -owned property located at Douglas Park. Chair Sarnoff: Do we have a motion? Vice Chair Gort: Move it. Chair Sarnoff • We have a motion by Commissioner Gort. Commissioner Carollo: Second. Chair Sarnof: Second by Commissioner Carollo. It a public hearing. Anyone wishing to he heard an PH.2, please step up. Hearing none, seeing none, coming back to this Commission. In case you don't know, this is pump station number- nine, and this is half the solution necessary for the County -imposed water moratorium to he lifted once this pump station and another one -- think it's pump station 11 -- are in operation. And then a moratorium on construction and jobs will he lifted by the County, hopefully, in November. Anybody's listening, that is scheduled to occur in November. Is it ajoh killer, that moratorium? Absolutely. Should it have been better handled? Absolutely. But to the credit of the County and the mayor of Miami -Dade County, he has gotten them to work as diligently as he can -- he's been in many meetings -- and we're told that the November -- in November, the moratorium lifts. All right, all in favor, please say aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PURCHASE OF THE SITEOMAT City of Miami Page 16 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 FR.1 12-01170 FUEL MANAGEMENT SYSTEM PROPRIETARY SOFTWARE FROM ORPAK USA, INC. AND ITS SOLE DISTRIBUTOR AND SERVICE PROVIDER FOR THE CITY OF MIAMI, AHA ELECTRONICS & FUEL SYSTEMS, INC., FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, IN A TOTAL AMOUNT NOT TO EXCEED $52,787; ALLOCATING FUNDS FROM THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION GENERAL FUND ACCOUNT CODE NO. 31000.241000.664000.0000.00000, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS, AND TO NEGOTIATE AND EXECUTE ANY NECESSARY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 13-00319 Summary Form.pdf 13-00319 Memo - SiteOmat Fuel Mgmt.System.pdf 13-00319 Memo - Request for Sole Source.pdf 13-00319 Notice to the Public.pdf 13-00319 Letter - ORPAK USA.pdf 13-00319 Email - Fuelomat RNI-2000 Fuel Mgmt.pdf 13-00319 Letter -Announcing End of Product Life Cycle.pdf 13-00319 RNI - Fuelomat Upgrade Estimate.pdf 13-00319 SiteOmat Automated Fuel Mgmt. System.pdf 13-00319 Legislation.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnot7, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0117 Chair Sarnoff Okay, let me go hack to PH.3. We have four people here. PH3, Mr. Manager. Tice Chair Gort: Move it. Commissioner Carollo: Second. Chair Sarnoff We have a motion by Commissioner Gort, second by Commissioner Carollo. Public hearing. Anybody wishing to be heard on PH.3? Hearing none, seeing none, coming back to this Commission. It requires four -fifths, gentlemen. All in favor, please say stye." The Commission (Collectively): Aye. Chair Sarnoff Okay. Vice Chair Gort: Good speech. Chair Sarnoff: You get paid the same no matter what. END OF PUBLIC HEARINGS ORDINANCES - FIRST READINGS ORDINANCE First Reading City of Miami Page 17 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 District 4- Commissioner Francis Suarez ITEM TO BE DEFERRED AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 10/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS/REGISTRATION OF VACANT, BLIGHTED, UNSECURED OR ABANDONED STRUCTURES," MORE PARTICULARLY BY ADDING A NEW SECTION 10-66 AND 10-67, ENTITLED "REGISTRY FOR REAL PROPERTIES" AND "REGISTRATION OF REAL PROPERTY," RESPECTIVELY, CREATING AND IMPLEMENTING A PROCESS FOR THE REGISTRATION OF PROPERTIES SUBJECT TO FORECLOSURE PROCEEDINGS OR MORTGAGE DEFAULT; ADDING DEFINITIONS AND PROVIDING REVISIONS FOR PURPOSES OF ESTABLISHING THE REGISTRATION PROCESS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 12-01170 Cover Page 04/25/13.pdf 12-01170 Legislation (Version 2) FR.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez FR.2 ORDINANCE First Reading 13-00282 Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Clerk ATTACHMENT(S), PROVIDING FOR A GENERAL MUNICIPAL ELECTION ON NOVEMBER 5, 2013, FOR THE PURPOSE OF ELECTING A MAYOR AND TWO COMMISSIONERS; FURTHER PROVIDING FOR A RUNOFF ELECTION, IF REQUIRED, ON NOVEMBER 19, 2013; PROVIDING FOR THE REGISTRATION OF PERSONS QUALIFIED TO VOTE IN BOTH ELECTIONS; DESCRIBING PERSONS QUALIFIED TO VOTE IN BOTH ELECTIONS; DESCRIBING THE REGISTRATION BOOKS AND RECORDS MAINTAINED UNDER THE PROVISIONS OF THE GENERAL LAWS OF FLORIDAAND CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH THE CITY OF MIAMI HAS ADOPTED FOR USE IN GENERAL MUNICIPAL AND RUNOFF ELECTIONS; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; AND DIRECTING THE CITY CLERK TO GIVE NOTICE BY PUBLICATION OF THE ADOPTION OF THIS ORDINANCE AND THE PROVISIONS HEREOF; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 13-00282 Memorandum FR/SR.pdf 13-00282 Letter from Supervisor of Elections FR/SR.pdf 13-00282 Estimated Costs for November 2013 Election FR/SR.pdf 13-00282 2013 General Municipal Election Calendar FR/SR.pdf 13-00282 Legislation FR/SR.pdf 13-00282 Exhibit No. 1.pdf City of Miami Page 18 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Chair Sarnoff.• Okay, FR.2. Vice Chair Gort: 3. Chair Sarnoff: No, no. Apparently, we need a four fifths. Johnny Martinez (City Manager): Four -fifths, yeah. Chair Sarnoff: For PH 3, we'll need a four fifths, so we go to FR.2. Todd B. Hannon (City Clerk): Good morning, Commissioners. FR.2 is a first reading ordinance providing for a general municipal election on November 5, 2013, fbr the purpose of electing a mayor and two Commissioners; further providing for a runoff election, if required, on November 19, 2013. Currently, pursuant to Section VII of the City Charter, a runoff election is mandated to be scheduled one week after the general election, so the runoff election this year currently is November 12, 2013. Every election cycle, the Supervisor of Elections sends us a letter requesting that we extend it an additional week so that they can run a thorough, complete and accurate election process. So, essentially, the Supervisor of Elections is just requesting that a runoff now be held on November 19, 2013. Chair Sarnoff: Is there any cost savings -- Vice Chair Gort: Savings. Chair Sarnoff.• -- on the 19th -- yeah -- from the 19th to the 20 whatever it would be? Commissioner Carollo: I don't think so. Mr. Hannon: There is. Chair Sarnoff.• There is a cost savings? Mr. Hannon: Ifvou can give me -- yes, sir. Vice Chair Gort: Yes. Mr. Hannon: I believe 'cause then we piggyback off of other, you know, cities that are currently scheduling their runoff at the same time. Vice Chair Gort: What's the savings? Mr. Hannon: Just a moment, sir. Tice Chair Gort: Now, there might be three Commission seats. Commissioner Carollo: Two of them are not here. Commissioner Suarez: I'm right here. Commissioner Carollo: Okay. City of Miami Page 19 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Chair Sarnoff: FR.2. Commissioner Carollo: FR.2, and then we need to go to PH.3 -- back to PH.3 -- Chair Sarnoff. Right. Commissioner Carollo: -- for the four fifth. Mr. Hannon: Sir -- Chair Sarnoff.' Do you know what the savings are? Commissioner Carollo: FR.2 is (UNINTELLIGIBLE). Mr. Hannon: Yes, sir. If we do a shared citywide runoff, the savings would be roughly 150, 000. Chair Sarnoff: The savings would he 150. Mr. Hannon: Yes, sir. Chair Sarnoff: Versus a November -- Mr. Hannon: Versus a standalone runoff on November 12, and that's citywide. Vice Chair Gort: Giving two weeks for runoff will save $150,000. Mr. Hannon: And this is something that we've done historically in the past to accommodate the Supervisor of Elections. Chair Sarnoff: I feel bad for the person in the runoff butt guess -- Commissioner Suarez: He has an extra week of work. Chair Sarnoff • Yeah. That's the only reason I say -- Commissioner Suarez: If a County official -- Chair Sarnoff: -- it'll he the fastest two weeks ofvnur life. Commissioner Suarez: Oh, yeah. Chair Sarnoff: But -- Commissioner Suarez: It's really ten days. Chair Sarnoff • Yeah. Commissioner Suarez: I've been in one. Vice Chair Gort: I've been in three -- Chair Sarnoff • So you want to tell -- Vice Chair Gort: -- within a year and a half. You want me to tell you the story about that? City of Miami Page 20 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 FR.3 13-00359 Chair Sarnof f: (UNINTELLIGIBLE) for a while. Commissioner Suarez: We can both share stories an that, 1 think. Chair Sarnoff: All right. Let me open a public hearing. Does anybody wish to speak on FR.2, FR.2? Hearing none, seeing none, the public hearing is closed. We have a motion and we have a second. Any further discussion? All in -- Madam City Attorney, it's an ordinance. Mr. Hannon: Excuse me, Chair. Commissioner Carollo: Who's the --? Who made the motion and who made the second? Chair Sarnof f: Oh, we didn't get a motion. Mr. Hannon: No, sir. Chair Sarnoff: I apologize. Vice Chair Gort: Move it. Chair Sarnoff: Motion by Commissioner Gort. Commissioner Suarez: Second. Chair Sarnof f: Second by Commissioner Suarez. Vice Chair Gort: To the 19th. Chair Sarnoff: Any discussion? Hearing no discussion, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item FR.2. A roll call "vas taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 4-0. ORDINANCE First Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Marc 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, David Sartzoff ENTITLED "BUILDINGS" , MORE PARTICULARLY BY CREATING ARTICLE VII ENTITLED "SECURITY SCREENS AND SHUTTERS", SECTIONS 10-111 THROUGH 10-114, WITH RESPECT TO SECURITY SCREENS AND SHUTTER REGULATIONS, WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY BOUNDARIES, THE COCONUT GROVE CENTRAL COMMERCIAL DISTRICT, AND THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT; ADDING NEW TITLES, PROCEDURES, DEFINITIONS, AND CRITERIA; AND REFRESHING TIMELINES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City of Miami Page 21 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 13-00359 Legislation (Version 2) FR.pdf 13-00359-Submittal-Commisisoner Sarnoff.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez Note far the Record: Item FR.3 was deferred to the April 11, 2013 Commission Meeting. Chair Sarnoff • FR.3. FR.3 is my ordinance, gentlemen. And I think what I'm going to do -- 'cause it's going to be a couple of modifications. There's no emergency, so you don't have to feel like you have some issues with it. I'm going to ask to bring this back at the next Commission meeting. Commissioner Carollo: Okay. Chair Sarnoff Oh, I'm sorry, RE.3. Commissioner Carollo: No, FR.3, your -- Chair Sarnoff: FR.3. Commissioner Carollo: Yeah. Chair Sarnoff FR.3, I'm right. Commissioner Carollo: Move to defer it to the next Commission meeting. Chair Sarnoff Okay, I have a motion. Vice Chair Gort: Second. Chair Sarnoff: We have a second. All in favor, please say "aye. " Todd B. Hannon (City Clerk): Excuse me, Chair. FR.3 was already deferred to April 11 during the order of the day. Chair Sarnoff I didn't have that down. Tice Chair Gort: Mr. Chairman, is this your --? Commissioner Carollo: I don't think 1 have that down. Chair Sarnoff I don't have that down. Vice Chair Gort: No. Commissioner Carollo: Why don't we take a five-minute recess just to --? Chair Sarnoff You want to take lunch 'cause your -- Commissioner Carollo: Okay. Vice Chair Gort: Let me ask you a question. City of Miami Page 22 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Chair Sarnoff: Go ahead. Vice Chair Gort: 'Cause I have some calls from some individual that want to do some investment in downtown Miami, and somehow the buyer was saying, Hey, this is going to be historic, so I don't think I should be paying the -- what you're asking for the building. So I think it's important i-rhat you're asking, to make it clear so people understand -- Chair Sarnoff: And if want to have some input in it, Commissioner -- my intention is just to get rid of the ugly shutters. Commissioner Carollo: Yeah. Vice Chair Gort: No, no, I agree with that. But people are taking that you're trying to get the -- all the building, historic buildings within downtown area. That's the perception out there. Chair Sarnoff: You know what, if your chief of staff wants to come and talk to mine and hammer Vice Chair Gort: Okay. Chair Sarnoff: -- out some issues, I got no problem with it. No rush. I -- there are two parts of the City that primarily, you know, just -- Tice Chair Gort: No, I agree with you. That's one problem i-re've had for years, and we want to be getting rid of those things. We want the windows to he open. Let people look at it. We have more people walking in downtown now. Chair Sarnoff: Right, right. So -- Commissioner Carollo: And Commissioner, just from what I'm seeing is I want to know what's the cost of this. I know it's not a cost to the City; it's a cost to the businesses. But I want to make sure that they have a heads up because it appears to me that within two years they need to remove their old awnings or -- and put the new ones. So I don't want, all of a sudden, that -- Chair Sarnoff • And the goad news to you is that the DDA (Downtown Development Authority) has a program that -- I think that pays -- Commissioner Carollo: Okay. Chair Sarnoff: -- far 75 percent of it. Commissioner Carollo: And that's where -- Chair Sarnoff: Yeah. And I'll bring that up. Commissioner Carollo: -- you know, and we need to, you know, publicize that so they know so all of a sudden, you don't have all the businesses in downtown Miami coining to us and saying, What are you doing? You're going to -- you know, you're going to choke us. We're -- Vice Chair Gort: No, also, the people understand that we're not making buildings historic buildings. Commissioner Carollo: Right. Chair Sarnoff: Right, but you're going to have people complain, guys. I mean, you're going to City of Miami Page 23 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 FR.4 13-00302 Department of Planning and Zoning have people complain. Any time you make a change of like -- something like this, you're going to have people complain. Vice Chair Gort: There's no way you can please everyone. Chair Sarnoff: Right, right. And I know you all care about the downtown. 1 care about the downtown. Commissioner Carollo: Of course. Chair Sarnoff • This would apply to the Grove, as well. You look like a different city when you have hurricane glass up versus a shutter. And this is part and parcel, Mr. Manager, if you have adequate policing, they'll feel better about this as well. So I want you to know there's a strategy in play here. All right, so we had a motion to defer to the next Commission. Mr. Hannon: Chair, it actually was deferred during the order of the day, so you're good to go. Chair Sarnoff. That's fine. I didn't have it written down. Gentlemen, two hours for lurch okay? Commissioner Carollo: Yes. Chair Sarnoff: All right. Commissioner Carollo: Back at 2. Chair Sarnoff: What? Come over here and talk to me. Johnny Martinez (City Manager): CRA (Co/immunity Redevelopment Agency). Chair Sarnoff: Oh, the CRA is next. Vice Chair Gort: Can we take (UNINTELLIGIBLE)? Chair Sarnoff: Yeah, let's take a ten-minute break, and then the CRAs will come up. And then the order of the day is we will take -- we'll break -- come backfrom break at 2:15. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/SALE OR LEASE OF CITY'S REAL PROPERTY," MORE PARTICULARLY BY AMENDING SECTION 18-176 TO INCLUDE A DEFINITION OF WATERFRONT PROPERTY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE 13-00302 Summary Form FR.pdf 13-00302 Legislation FR.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, 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 END OF FIRST READING ORDINANCES City of Miami Page 24 Printed nn 4/22/2(713 City Commission Meeting Minutes March 28, 2013 RE.1 12-00693 RESOLUTION RESOLUTIONS District2- A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY Commissioner Marc MANAGER TO DISCONTINUE THE PAYPHONE PILOT PROGRAM David Saruoff ESTABLISHED PURSUANT TO RESOLUTION NO. 01-449, ADOPTED MAY 10, 2001; FURTHER DIRECTING THE CITY MANAGER TO TAKE ALL STEPS NECESSARY TO REMOVE SAID PAYPHONES FROM ANY AND ALL RIGHTS OF WAY WITHIN THE CITY OF MIAMI, REGARDLESS OF OWNERSHIP. 12-00693 Pre-Resolution.pdf 12-00693 Legislation.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Saruoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez RE.2 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 RE.3 13-00249 Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioners) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez RESOLUTION District2- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner Marc ATTACHMENT(S), URGING THE MIAMI-DADE COUNTY DEPARTMENT OF David Sarzzoff PUBLIC WORKS AND WASTE MANAGEMENT TO ACCEPT AND IMPLEMENT THE "TRADITIONAL NEIGHBORHOOD DESIGN" CRITERIA OF THE FLORIDA GREENBOOK AS ATTACHED; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED City of Miami Page 25 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 HEREIN. 13-00249 Legislation.pdf 13-00249 Exhibit 1.pdf Motion by Chair Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Satnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-13-0119 Chair Sarnoff All right. Let's go hack on, and we are on RE.3. Commissioner Spence -Jones: RE.3? Chair Sarnoff: RE.3. RE.3 was my Greenbook. 1'll do it, Mr. Director of Public Works. But I think he agrees with me. What I'm -- there is a Greenbook out there that the Florida Department of Transportation, that the County all agrees exists. However, we were at a meeting where the County acknowledged that they do not look at a section of the Greenbook that pertains to neighborhoods. And we were surprised to see three Public Works personnel from the County clearly stating to Elizabeth Plater-Zyher [sic], somebody I think they would know who she is, that we do not subscribe to or endorse -- 1 think it's Chapter 9 of the Greenbook. We were all caught by surprise, and according to -- Is it 8 -- Chapter 8? Nineteen, sorry. Chapter 19. Thank you. We were all caught by surprise and then subsequently learned that the County does somehow ascribe to that. So we thought, in an effort to be very cautionary, that we would show our urgence or a resolution from the City saying that we think our neighborhoods are important and we think we should design roadways that comport with neighborhood concepts. As you know, FDOT (Florida Department of Transportation) cares about getting you from north to south, east to west. And apparently, the County equally concerns itself primarily with getting you from north to south, east to west. We should be primarily concerned, in the City of Miami, of a walkable and manageable city that considers our neighborhoods, and the Greenbook does this. So I will pass the gavel, ask the City to -- Commissioner Suarez: Second. Chair Sarnoff. -- urge the County to read Chapter 19 of the Greenbook and to follow it. Commissioner Suarez: Second, and can I -- Vice Chair Gort: Been move and -- Commissioner Suarez: -- discuss a point --? Vice Chair Gort: -- second. Any discussion? Commissioner Spence -Jones: Yeah. Commissioner Suarez: Yeah. May I or you want to --? I'll yield to you if you want to jump in. Commissioner Spence -Jones: No. I -- Vice Chair Gort: Commissioner Spence -Jones first. Commissioner Spence -Jones: -- support the item, and I thank Zer ty for making sure that we had clarity in our office for, you know, what it was about, Marc. I just have a quick question, though, regarding -- I know we're urging Miami -Dade County, the department itself. What -- how do you City of Miami Page 26 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 feel about us urging the County Commission? Because the only reason why I would say -- it would be kind of the same thing if the City -- the County Commissioners were sitting and making a decision and then talking directly to Zerry and not talking to us. So the only thing I would just make a slight amendment on, if we can, urging Miami -Dade County, because it's kind of hard to talk directly to a staffer. I think the County Commission should he a part of that. Chair Sarnof f: Why don't we add the County Commission? Why don't we add County Public Works, and -- Vice Chair Gort: Mayor. Chair Sarnoff. -- any other -- Commissioner Spence -Jones: Yeah. Vice Chair Gort: County Mayor. Commissioner Spence -Jones: Mayor. Chair Sarnof f: -- County Mayor. Yeah, he's a strong mayor. Vice Chair Gort: He's a strong mayor. Commissioner Suarez: Mr. Chair. Chair Sarnof f: You're recognized. Commissioner Suarez: You know, when this came up in the last meeting, obviously, you know, 1 think we share a lot of things in common and we've fought a lot of fights together, but this is the one that we're continuing to fight -- we're all really continuing to fight it together. I don't know; it's something we're going to have to do, like, I think, a picket, you know, lock elbows and like do a hunger strike or something so that we can get our streets -- control of our streets in our neighborhoods. Because I don't know how clear we can he with our message that, you know -- and I could tell you, I get the frustration every single day. I'm sure in all your community meetings, one of the first things you hear is, why can't we do a traffic control device here? Why can't we do a --? You know, why can't our neighborhoods be more walkable? Why can't they be more pedestrian friendly? We're going to have to do something bold to get people's attention. I mean, I'm, of course, 100 percent in favor of this. But we may want to think about doing something bolder, not that you ever shy away from doing hold things. ButI think we may have to have like a hunger strike or something to get their attention. Vice Chair Gort: Let me tell you, I agree 100 percent. Since 2010, I have neighborhoods that requested traffic control devices. And every time I request --and not even request the expensive one, the circle that cost thousand and thousand of dollars, just a normal -- the one they he using in Miami Beach, which is great. They tell me -- the County says, we got to have a traffic study. We got to go through the County. And 1 can tell you, I've asked for traffic studies of all the traffic calmers that exist in the City of Miami. I haven't received one yet. Yet, any time I request one, it's negative. So I'd like to have control of our streets. I think it's very important. Commissioner Suarez: We have about a 90 percent rejection rate. Vice Chair Gort: Right. Commissioner Suarez: We have about 90 percent, 9 out of every 10. We get one out of that. City of Miami Page 27 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Vice Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Tice Chair Gort: As amended. Chair Sarnoff: As amended. RE.4 RESOLUTION 13-00274 Department of Human A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Resources ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 348289, THAT I/O SOLUTIONS, INC., IS THE HIGHEST -RANKED FIRM, TO PROVIDE AND ADMINISTER THE PROMOTIONAL EXAMINATION PROCESSES FOR THE CLASSIFICATIONS OF POLICE LIEUTENANT, FOR THE DEPARTMENT OF HUMAN RESOURCES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR A PERIOD OF TWO (2) YEARS, WITH OPTIONS TO RENEW FOR THREE (3) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER, SHOULD NEGOTIATIONS FAIL WITH THE HIGHEST -RANKED FIRM, TO NEGOTIATE AND EXECUTE A PSA WITH THE SECOND HIGHEST RANKED FIRM EB JACOBS, LLC; FURTHER AUTHORIZING THE CITY MANAGER, SHOULD NEGOTIATIONS FAIL WITH THE SECOND HIGHEST RANKED FIRM, TO REJECT ALL PROPOSALS AND ISSUE A NEW RFP SOLICITATION. 13-00274 Summary Form.pdf 13-00274 Memo - Recommendation for Evaluation.pdf 13-00274 Summary Evaluation - Price Proposals.pdf 13-00274 Memo - Selection of Evaluation Committee.pdf 13-00274 Legislation.pdf 13-00274 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0120 Chair Sarnaff: All right, let's go back to the regular agenda, if you guys don't mind. And we will pick up on RE.4. RE.4 was not continued, right? Okay. Beverly Pruitt: Beverly Pruitt, Human Resources director. This is a resolution to accept the recommendation from City Manager and approve the evaluation committee's findings to enter into negotiation and execute a professional services agreement with I/O Solutions to prepare the fire -- I'm sorry, the police lieutenant exam. Chair Sarnoff: All right. City of Miami Page 28 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 RE.5 13-00275 Department of Capital Improvements Program Commissioner Carollo: Move it. Commissioner Spence -Jones: Second. Chair Sarnoff • Okay, we have a motion and we have a second. 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 JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, IN SUBSTANTIALLY THE ATTACHED FORM, ACCEPTING THE STATE OF FLORIDA'S CONTRIBUTION, IN THE AMOUNT OF $350,000, FOR OPERATING COSTS ASSOCIATED WITH THE OVERTOWN/ALLAPATTAH TROLLEY SERVICE; AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S ("CITY'S") REQUIRED MATCHING FUNDS, IN THE AMOUNT OF $350,000, FROM THE CITY'S SHARE OF THE TRANSIT SURTAX. 13-00275 Summary Form.pdf 13-00275 Legislation.pdf 13-00275 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.6 13-00276 Office of Management and Budget R-13-0121 Chair Sarnoff • RE.5. Mark Spanioli: Good afternoon, Commissioners. Mark Spanioli, CH? (Capital Improvements Program) director. RE.5 is a resolution to execute a JPA (Joint Participation Agreement) with FDOT (Florida Department of Transportation) for the Overtown/Allapattah trolley mute, in the amount of $250, 000. Commissioner Spence -Jones: So moved. Vice Chair Gort: Move it. Chair Sarnoff: Motion by Commissioner Spence -Jones, second by Commissioner Gort. Any discussion? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. Mr. Spanioli: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING AMENDMENTS TO APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY City of Miami Page 29 Printed nn 4/22/2(713 City Commission Meeting Minutes March 28, 2013 REQUIREMENTS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2012. 13-00276 Summary Form.pdf 13-00276 FY 2012 Close Out.pdf 13-00276 Special Revenue Adjustments.pdf 13-00276-Scrivener's Error Memo.pdf 13-00276-Legislation-SUB.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 Spence -Jones Absent: 1 - Commissioner(s) Suarez R-13-0122 Chair Sarnoff.• All right, RE.6. Daniel Alfonso: Danny Alfonso, director of Office of Management and Budget. Chair Sarnaff: Danny, do you have any problems when you're discussing RE.6 to be discussing BI.I? Mr. Alfonso: No problems at all, Commissioner. Chair Sarnoff: Okay. So the Commission knows, Danny's also going to be discussing B11, which is pertinent to this, while he's discussing RE.6. Mr. Alfonso: Okay, RE.6 is the yearend budget amendment for fiscal year '12, the year that -- it has already closed. In a sense, for fiscal year '12 we're amending the budget to incorporate GASB (Government Accounting Standard Board) 54 changes of putting the PST, Public Service Tax, local option gas tax, and the Grapeland Park into the general fund. In addition to that change, there are two departments that required an amendment to the budgetfor having gone over. One of them is the CIP (Capital Improvements Program) Department. And the reason why they went over is because they managed the red-light camera program. The revenue for that program was in excess ofwhat had been anticipated, and since we pay 40 percent of that revenue to the vendor, the expense for that line item was more than had been anticipated. So they need an amendment for that. The other department that was over budget was the Solid Waste Department. If you recall, in fiscal year '12 we had assumed that single streaming would begin at some point during the year. That did not happen. So therefore, the savings that were to be realized from the single streaming in 2012 did not materialize. And our tipping fees were higher than had been anticipated, in addition to the fact that garbage tonnage was more than had been budgeted. So those two factors combined caused Solid Waste to be over. Police and Fire also needed an amendment. However, those were strictly pass-throughs related to the Section 175/185 monies that come from the state for the secondary pension. That's a revenue in and an expense out. On the general fund, that is all that changed. There's also a couple of changes in the special revenue fund. Primarily, the changes are due to resolutions that were approved throughout the year, accepting grants, et cetera. Once you expend those grants, it causes that special revenue fund to be over, but the Commission had accepted those alreadv. So all we're doing is incorporating into the budget those things that -- which had already been approved. There was one change in the transportation and transit and the general special revenue fund where monies for an FDOT (Florida Department of Transportation) grants had been accepted and deposited in the transportation and transit fund, but that fund is supposed to be strictly for• half -cent sales tax revenues that we get from the County. Therefore, we had to move that expenditure out of there and put it into the general special revenue fund. There's like five pages of explanation on all these items that Ijust summarized for you. If you had any questions on the matter, I'd be more than glad to answer those. City of Miami Page 30 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 Chair Sarnoff: Okay. Commissioner Carollo: So moved. Chair Sarnoff • We have a motion -- Vice Chair Gort: Second. Chair Sarnoff: -- by Commissioner Carollo, second by Commissioner Gort. Any discussion? Hearing no discussion, all in favor, please say hye. " The Commission (Collectively): Aye. RE.7 RESOLUTION 13-00277 Department of Risk A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Management PROCUREMENT OF INSURANCE BROKERAGE SERVICES, FROM RISK MANAGEMENT ASSOCIATES, INC. D/B/A PUBLIC RISK INSURANCE AGENCY, A WHOLLY OWNED SUBSIDIARY OF BROWN & BROWN, INC., ON AN AS -NEEDED CONTRACTUAL BASIS TO BE UTILIZED BY THE DEPARTMENT OF RISK MANAGEMENT, UNDER EXISTING CITY OF WEST PALM BEACH CONTRACT NO. 12-13-302, EFFECTIVE THROUGH JANUARY 1, 2016, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE CITY OF WEST PALM BEACH; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 13-00277 Summary Form.pdf 13-00277 Agent of Record Services Agrmt.pdf 13-00277 Request for Quotation - RFQ 12-13-302.pdf 13-00277 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0123 Chair Sarnoff: All right, RE.7. Calvin Ellis: Good afternoon, Commissioners. Calvin Ellis, director of Risk Management. RE.7 is a resolution of the Miami City Commission authorizing the procurement of insurance brokerage services from Risk Management Associates, doing business as Public Risk Insurance Agency, a wholly owned subsidiary of Brown & Brown, Inc., under the existing city of West Pabn Beach contract. Commissioner Suarez: Move it. Mr. Ellis: By piggybacking on the city of West Palm Beach contract, we'll be able to leverage a savings of approximately -- Commissioner Spence -Jones: So moved. Mr. Ellis: -- 20 per -- City of Miami Page 31 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Chair Sarnoff A motion by Commissioner Suarez, second by Commissioner Spence -Jones. Any discussion? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. Mr. Ellis: Thank you. Commissioner Suarez: Good job. RE.8 RESOLUTION 13-00189 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $150,000 FOR CONSTRUCTION OF THE MIAMI WOMAN'S CLUB BAYWALK - PHASE 2 ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $150,000, AVAILABLE UNDER THE COMMUNITY REDEVELOPMENT AGENCY OMNI FUND; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT AGREEMENTS AND AMENDMENTS, AND THE ACCEPTANCE OF GRANT FUNDS, IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2013-2014. 13-00189 Summary Form.pdf 13-00189 Miami Woman's Club Seawall & Baywalk.pdf 13-00189 Legislation.pdf 13-00189 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: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0124 Chair Sarnoff: Okay, RE.8. Commissioner Suarez: ThanksJor saving us money. Lillian Blondet (Interim Director): Good afternoon. Lillian Blondet, Office of Grants Administration. RE.8, 9, and 10 are related to applications to the Florida Inland Navigation District Waterways, for assistance for grants. RE.8 is for a project to construct a baywalk behind the woman's [sic] -- Miami Wornan's [sic] Club, phase IL Vice Chair Gort: Move it. Chair Sarnoff: Motion -- Commissioner Suarez: Second. City of Miami Page 32 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 RE.9 13-00184 Office of Grants Administration RE.10 13-00351 Office of Grants Administration Commissioner Spence -Jones: Second. Chair Sarnof: -- by Commissioner Gnrt, second by Commissioner Spence -Jones. Any discussion? Hearing no discussion, all in favor, please say ltye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $157,900, FOR THE MIAMI MARINE STADIUM IN -WATER STRUCTURAL ASSESSMENT PROJECT ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $157,900, AVAILABLE UNDER CAPITAL IMPROVEMENT PROJECT B-30688; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS AND AMENDMENTS, AND THE ACCEPTANCE OF GRANT FUNDS, IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2013-2014. 13-00184 Summary Form.pdf 13-00184 Legislation.pdf 13-00184 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gott, Sarnoft, Carollo, Suarez and Spence -Jones R-13-0125 Lillian Blondet (Interim Director, Grants Administration): RE.9 is for -- to submit an application for the Miami Marine Stadium. Commissioner Spence -Jones: So moved. Commissioner Suarez: Second. Chair Sarnof: We have a motion by Commissioner Spence -Jones, second by Commissioner Suarez. Any discussion? Hearing no discussion, all in favor, please say ltye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND City of Miami Page 33 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $1,000,000, FOR THE SEYBOLD CANAL DREDGING PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS AND AMENDMENTS, AND THE ACCEPTANCE OF GRANT FUNDS IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2013-2014. 13-00351 Summary Form.pdf 13-00351 Legislation.pdf 13-00351 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0126 Chair Sarnoff: Ten. Lillian Blondet (Interim Director, Grants Administration): RE.10 is to submit an applicationfor the Seybold Canal dredging project and cleanup along the river. This application is for matching funds and it's for the portion on the navigable section. Commissioner Spence -Jones: So moved. Commissioner Suarez: Second. Tice Chair Gort: Second. Chair Sarnoff: Motion -- Vice Chair Gort: Yes. Chair Sarnoff: I'm going to let you speak. Motion by Commissioner Spence -Jones, second by Commissioner Gort. Commissioner Gort, you're recognized for the record. Vice Chair Gort: Discussion. My understanding is we also have requested the State legislative [sic] right now, which we had to make sure we push it, for additional $60 million, which should give us the total to do the whole creek canal, right? Ms. Blondet: Yes. Vice Chair Gort: Okay. Make sure call your representatives and let them know. Chair Sarnoff.• All right, any further- discussion? All in favor, please say aye." The Commission (Collectively): Aye. RE.11 RESOLUTION 13-00314 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED City of Miami Page 34 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 RE.12 13-00336 OMNI Community Redevelopment Agency FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND BARRY UNIVERSITY, INC., FOR THE USE OF APPROXIMATELY SEVEN (7) CLASSROOMS AND OFFICE SPACE IN THE CITY POLICE COLLEGE, CITY -OWNED PROPERTY LOCATED AT 350 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, FOR A MONTHLY USE FEE OF $1,000 FOR THE OFFICE SPACE, PLUS $31.25 PER CLASS, PER HOUR, PLUS THE ENDOWMENT OF PUBLIC SAFETY SCHOLARSHIP AWARDS, PLUS STATE OF FLORIDA USE TAX (IF APPLICABLE), WITH ONE HUNDRED PERCENT (100%) OF THE REVENUE TO THE CITY TO BE DEPOSITED IN THE POLICE COLLEGE GENERAL REVENUE FUND TO BE UTILIZED FOR FUTURE MAINTENANCE AND IMPROVEMENTS AT THE CITY POLICE COLLEGE, ON A MONTH TO MONTH TERM, WITH ADDITIONAL TERMS AND CONDITIONS, AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT. 13-00314 Summary Form.pdf 13-00314 Legislation.pdf 13-00314 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnotf Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE AMENDED BUDGETS OF THE OMNI REDEVELOPMENT DISTRICT AND MIDTOWN COMMUNITY REDEVELOPMENT AGENCIES, ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013, AS APPROVED BY THE COMMUNITY REDEVELOPMENT AGENCY BOARD OF COMMISSIONERS. 13-00336 Summary Form.pdf 13-00336 Legislation.pdf 13-00336 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: 4 - Commissioners) Gort, Satnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-13-0127 Chair Sarnoff.' RE.11. No, RE.11 has been deferred. RE.12. Pieter Bockweg: Good afternoon, Commissioners. Pieter Bockweg, executive director of the Midtown and Omni CRA (Community Redevelopment Agency). Before you is the accepting of the budget, the amended budget, which was approved by the CRA board in February. Tice Chair Gort: Move it. Chair Sarnof f: We have a motion by Commissioner Gort -- Commissioner Spence -Jones: Second. City of Miami Page 35 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Chair Sarnoff: -- second by Commissioner Spence -Jones. Any discussion? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. RE.13 RESOLUTION 13-00383 District 5- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner ALLOCATION OF FUNDS, IN THE TOTAL AMOUNT OF $20,834, TO THE Michelle FOLLOWING AGENCIES AS STATED HEREIN: THE AMOUNT OF $5,000 TO Spence -Jones THE TACOLCY ECONOMIC DEVELOPMENT CORPORATION, THE AMOUNT OF $5,834 TO WOMEN IN TRANSITION OF SOUTH FLORIDA, INC, AND THE AMOUNT OF $10,000 TO THE DYNAMIC COMMUNITY DEVELOPMENT CORPORATION.; ALLOCATING SAID FUNDS FROM THE POVERTY INITIATIVE PROGRAM, ACCOUNT NO. 14010.910101.882000; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCIES, FOR SAID PURPOSE. 13-00383 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez R-13-0128 Chair Sarnoff • RE.13. George Mensah: George Mensah, director of Community Development. RE.13 is a resolution allocating poverty initiative funds, in the amount of $5, 000, to Tacolcy Economic Development Corporation. Commissioner Spence -Jones: Move it. Vice Chair Gort: Second. Chair Sarnoff: Moved by Commissioner Spence -Jones, second by Commissioner Gort. Commissioner Spence -Jones is recognized for the record. Commissioner Spence -Jones: Again, these are the poverty initiative allocations that I had left over. I just -- there was one that was not included that I would like to include, which goes to Dynamic CDC (Community Development Corporation) for the seniors arts program in Wynwood. Mr. Mensah: Okay. Commissioner Spence -Jones: I just want to he very clear that's what it should be used for. Mr. Mensah: And the amount is $10,000. Commissioner Spence -Jones: Ten thousand. I'm sorry. City of Miami Page 36 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 RE.14 13-00337 SEOPW Community Redevelopment Agency Mr. Mensah: Yes. Chair Sarnoff: The same as this? I mean, the same 10,000 or an additional? Commissioner Spence -Jones: Additional. Mr. Mensah: It's an additional 10,000. Commissioner Spence -Jones: I had -- this is what I had left over. Chair Sarnoff • Okay. Commissioner Spence -Jones: I had monies left over that I had not spent. Chair Sarnoff: So, as amended. Seconder accept? Tice Chair Gort: Yes. Commissioner Spence -Jones: Yes. Chair Sarnoff: All right. All in favor -- any discussion? All in favor, please say aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE AMENDED BUDGETS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013, AS APPROVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY. 13-00337 Memo - Approving CRA's FY 2013 Amended Budget.pdf 13-00337 Legislation.pdf 13-00337 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez R-13-0129 Chair Sarnoff.• RE.14. Clarence Woods: Good afternoon, Commissioners. Clarence Woods, executive director of the Southeast Overtown/Park West CRA (Community Redevelopment Agency). Commissioner Spence -Jones: So moved. Chair Sarnoff: Motion by Commissioner Spence -Jones -- Vice Chair Gort: Second. City of Miami Page 37 Printed nn 4/22/2(713 City Commission Meeting Minutes March 28, 2013 RE.15 13-00360 SEOPW Community Redevelopment Agency Chair Sarnojj: -- second by Commissioner Gort. Any discussion? All in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnoff: Great job. Less is more. Vice Chair Gort: Great presentation. Very good. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO: (I) EXECUTE A SETTLEMENT AGREEMENT BETWEEN THE CITY OF MIAMI, THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") AND MIAMI-DADE COUNTY, FLORIDA (THE "SETTLEMENT AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, TO SETTLE THE PENDING LITIGATION STYLED CITY OF MIAMI, ET AL., PLAINTIFFS VS. MIAMI-DADE COUNTY, DEFENDANT, CASE NO. 07-46851 CA 31, PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA (THE "PENDING LITIGATION"); AND (II) EXECUTE ANY AND ALL DOCUMENTS REQUIRED AND TAKE ANY AND ALL ACTION REQUIRED TO IMPLEMENT THE SETTLEMENT AGREEMENT INCLUDING, WITHOUT LIMITATION, DISMISSAL OF THE PENDING LITIGATION, THE EXECUTION OF THE CITY DEED AND CITY RELEASE AS SAID TERMS ARE DEFINED IN THE SETTLEMENT AGREEMENT AND EXCHANGING RELEASES WITH MIAMI-DADE COUNTY, FLORIDA, AND THE CRA. 13-00360 Memo - Approval of Settlement Agrmt.pdf 13-00360 Legislation.pdf 13-00360-Submittal-Map.pdf 13-00360-Exh i b it l -S U B. pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0130 Clarence Woods (Executive Director, Community Redevelopment Agency): The next one as well. Commissioner Spence -Jones: It's the revert -- I think -- I -- we have -- Mr. Woods: Yes. Commissioner Spence -Jones: -- our attorney. Is he here? Mr. Woods: Yeah, he's here. Commissioner Spence -Jones: Bloom. Mr. Woods: He's here. City of Miami Page 38 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 Commissioner Spence -Jones: Where is he? Vice Chair Gort: Thank you, thank you, thank you. I think people should see this. Commissioner Spence -Jones: So now you have it in color. Vice Chair Gort: I think people should see this. Commissioner Spence -Jones: Yeah, I know. I agree. Commissioner Sarno)", this should have been your baby. This is your baby, right? Mr. Woods: It is his baby. Commissioner Spence -Jones: Okay. Chair Sarnoff: You got the necessary changed language, which 1 think will -- Mr. Woods: Yes. Chair Sarnoff: -- make this work. Commissioner Spence -Jones: Okay, so we are going to finally see -- Chair Sarnoff. If chicken (expletive) or chicken foul. Commissioner Spence -Jones: That word's -- that word is very popular today. Chair Sarnoff: Well, the Manager said -- made it acceptable so. Commissioner Spence -Jones: But Ijust want to he -- I'm sorry. You want to put some -- Mr. Woods: Yeah, yeah. Let me -- Commissioner Spence -Jones: Is Bill here? Mr. Woods: -- put on the record. Commissioner Spence -Jones: Where's Bill? I thought lsaw Bill too -- Mr. Woods: Yeah, he -- Commissioner Spence -Jones: -- and Kevin. Please, come to the mike because we want to be all on the same page. I want to make sure we're dealing with this issue. Mr. -- our wonderful Commissioner Sarnoff was responsible -- Chair Sarnoff: (UNINTELLIGIBLE). Commissioner Spence -Jones: -- for making this happen. I'm hoping that a major project is going to be happening very soon. Chair Sarnoff: Me too. Commissioner Spence -Jones: Okay. Mr. Woods: Commissioners, RE.13 is the settlement of a litigation that has been going on for City of Miami Page 39 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 some time between the City of Miami, the CRA (Community Redevelopment Agency), and Miami -Dade County. What this does is settle the lawsuit and provides for the CRA to he able to put this land out far hid, an RFP (Request far Proposals). What we want to do is we want to amend the indemnity language. Right now it reads The requirement that the Developer execute and deliver to the City, the County, and the CRA, as a condition of the award in accordance with the Development Opportunity, an indemnification and hold harmless agreement substantially in the form of Exhibit J'to this Settlement Agreement (the Indemnification Agreement). "What we want to add is Br, in lieu of the Indemnification Agreement, the submittal of an alternative risk management solution in the Developer's response to the Development Opportunity acceptable to the City, the County, and the CRA in their sole discretion." Commissioner Suarez: Move it. Chair Sarnoff: Motion by Commissioner -- Commissioner Carollo: Second. Commissioner Spence -Jones: Second and discussion though. Chair Sarnoff: Motion by Commissioner Suarez, second by Commissioner Carollo. Commissioner Spence -Jones is, of course, recognized far the record. Commissioner Spence -Jones: I have three attorneys working on this: Bill Bloom, Kevin, and Commissioner Sarnoff. Are you guys comfortable with the amended language on the indemnification? Kevin? Kevin Jones (Assistant City Attorney): I think it does what you need it to do. I mean, it gives you an option, outer than the ironclad indemnity language. The most important part is you get to see what they come back with and you get to make a decision whether or not it's acceptable to you. So I don't think you lose anything by adding the language. Commissioner Spence -Jones: So you are comfortable, yes? Mr. Jones: Yes, that is correct. Commissioner Spence -Jones: Bill? William R. Bloom: Yes, I'm also comfortable with it. And we've discussed the language with the CountyAttorney's office and the business negotiators with the County, and they had also agreed to the same language. Commissioner Suarez: Mr. Chair. Commissioner Spence -Jones: Mr. Chairman? Chair Sarnoff: Commissioner, 1 suffer from the same infirmities that Kevin Jones suffer from. We are litigators. If Commissioner Suarez is okay with it, who's a deal maker -- Commissioner Suarez: 'was expecting you to come my way with that question, so -- and I was going to just add that I would he the fifth attorney that was feeling -- Commissioner Spence -Jones: Okay. Commissioner Suarez: -- comfortable with this language. And I really wanted to go beyond that and commend the attorneys and Commissioner Sarnoff; or the Chair, and Kevin and Bill, and City of Miami Page 40 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 everyone who worked on this because since I got here, this was the unsolve -- one of the unsolvable problems of the City of Miami. Commissioner Spence -Jones: Yeah. Commissioner Suarez: And they did it in a way that was going to guarantee transparency. They did it in a way that was going to guarantee competitiveness, and they got a bunch of governments that don't always talk to each other and that certainly don't always cooperate. And I have to commend you, Madam Chairwoman of the CRA, for your leadership also on this because -- Commissioner Spence -Jones: It's called prayer. Commissioner Suarez: Yeah. It's -- it really is an exception that we're here, hopefully, hopefully getting to the end of this process so that, in our lifetime, we can see this thing developed. Commissioner Spence -Jones: And ',just want to add 'cause, Commissioner Sarnoff, I know that your role is not over, though. Chair Sarnoff: No, it's not, you're right. Commissioner Spence -Jones: Okay. So -- because this gives us only -- Chair Sarnoff: It just begins. Commissioner Suarez: Just reminding you. Commissioner Spence -Jones: This gives us how -- Commissioner Suarez: (UNINTELLIGIBLE). Commissioner Spence -Jones: -- many years to get it done -- Mr. Woods: Well -- Commissioner Spence -Jones: -- according to this agreement, to get it started? Mr. Woods: fVell, two years with some extensions that can be had. Vice Chair Gort: Three years. Mr. Woods: Three years. Commissioner Suarez: Right. Mr. Woods: With some extensions. Commissioner Spence -Jones: Attorney -- I want Bill -- Mr. Bloom: It's three years if no development happens on Blocks 45 and 56. Within three years, title reverts to the County. No development on Block 36 happens in two years, title reverts to the County. The difference between the two is on Block 36; we don't have to go through a RFP process 'cause we've already selected Gatehouse. Commissioner Spence -Jones: Okay. City of Miami Page 41 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Vice Chair Gort: Okay. Commissioner Spence -Jones: So Marc -- Chair Sarnoff.' Fifty-five was not included in that. Commissioner Spence -Jones: No. Mr. Bloom: Fifty-five is not included. Chair Sarnoff.' Right, right. Okay. Mr. Bloom: Wasn't part of the litigation. It's controlled by the CRA, and the CRA can do what it pleased with that block. Chair Sarnoff • So now it's, as you would say, Commissioners, time to you know what or you know what. Vice Chair Gort: Go up. Mr. Woods: Yeah. Vice Chair Gort: Time to go up. Chair Sarnoff: I got it. I got it. All right, so it's a resolution. Any further discussion? All in favor then, please say aye." The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): As amended. Chair Sarnoff: As amended. Commissioner Spence -Jones: As amended, yes. Mr. Bloom: Thank you. Mr. Woods: Thank you. Chair Sarnoff • As amended. END OF RESOLUTIONS BUDGET BI.1 BUDGET DISCUSSION ITEM 13-00279 Office of Management STATUS (SEC.18-542(b) CITY CODE) and Budget I. 2012-2013 BUDGET II. PROPOSED 2013-2014 BUDGET 13-00279 Summary Form.pdf City of Miami Page 42 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 DISCUSSED Chair Sarnoff.' Okay, would you now do BI.1 ? Daniel Alfonso (Director, Strategic Planning, Budgeting and Performance): Fiscal year '12/'13, the current year that we're on, year-to-date our revenue is ahead ()Past year slightly. I say slightly, about $10 million. Mostly, that is a function of the, fact that we consolidated some funds into the general fund. The projections that we have so far, overall, still estimate a surplus at the end of the year in excess of $13 million for the operation of fiscal year '12/'13. Most departments, we are projecting, will be within budget. There are two exceptions. One of them CIP (Capital Improvements Program), for the same reason that they needed an amendment for the prior year, and we're going to bring that in the mid year truing to avert having to do it at yearend. And the other department we feel will likely go over budget is the Police Department. The revenues have been better- in Building, Planting & Zoning, Fire, and CIP than we expected. The one department that is lagging a little bit in revenue -- and in talking to the department, there's some issues there that we're talking through, so we'll see if that manifests itself into a permanent problem or not -- is in the Police Department. We're lagging a little bit there. The collections of property taxes to date are lagging about 6 million fr-om last year, hut I have been in contact with the tax collectors office. In the month of January, we had caught up. We were identical to where we were last year, so we're tracking right on target. In February we fell hack again a little bit. Again, it is internal problems that they have at the tax collector's office with staffing and getting those transfers done more expediently, but we anticipate that the revenue will come in as is anticipated. So we don't think that's going to he a problem. So like I said, overall, we believe we're going to have a surplus of about 13.2 million; that we do still have the pending issue with the FIPO (Firefighters and Police Officers) in terms of our discussion on how much of a contribution should be made to the police and, firefighters pension plan. We're in the process of bringing in a third actuary and also going to resolve some of the legal issues related to the pension on calculation. As soon as we have a definition on that, we'll inform you. Chair Sarnoff: All right. Any Commissioners have any questions nfMr. Alfonso? Commissioner Carollo: Yes. Mr. Chairman. Chair Sarnoff: You're recognized. Commissioner Carollo: Mr. Chairman, since we're talking about the budget, I -- you know, I want to see if, you know, my colleague would bring up her item. regarding the possible bonus. I think it's a good time since we're talking about the budget. And 1 definitely want to be present when we, you know, discuss it and, you know, as we go later on into the meeting and so forth. I know I have commitments later on tonight, but I want to -- Commissioner Spence -Jones: So do I. Commissioner Carollo: -- make sure that I'm here present. I think it's a good time to discuss it. Commissioner Spence -Jones: Not a problem. Commissioner Carollo: We're discussing the budget. Commissioner Spence -Jones: Definitely. I mean, I don't have an issue. You're talking about that item in reference to the bonuses? Commissioner Carollo: D5.3, yes. Commissioner Spence -Jones: Yeah, we can definitely speak in reference to that. 1 guess my request was, for Danny to come back to the Commission and see if there's an opportunity to City of Miami Page 43 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 provide at least those officers with a bonus, and I think that my fellow colleagues agreed with some sort of bonus. I know one of them was -- I believe Commissioner Suarez mentioned something in reference to -- Commissioner Suarez: Educational pay. Commissioner Spence -Jones: -- education, and I believe Commissioner Gort mentioned performance bonus. So we've asked Danny to kind of give us an update on what he feels we can do, without it creating a major issue fnr us, unless you wanted to add something else to what I'm saying. Commissioner Carollo: Yes, Commissioner, actually, I do. Commissioner Spence -Jones: Okay, go ahead. Commissioner Carollo: And, listen, you're talking to a former law enforcement officer. And, you know, I believe that public safely is extremely important. With that said, I -- although I agree with you and I think there's been some very, very tough years these last few years and we've all had to take cuts, I think that it shouldn't just he our police officers. It should be public safety so that firefighters should also be included and -- Commissioner Spence -Jones: And 1 think we said that. I think the conversation started off with police, but when I closed it out, I said, look, I want to make sure -- because I knew that I -- that we had fire. That was my next thing. Fire was a big issue. And then you have people like Solid Waste that had been waiting -- Commissioner Carollo: Exactly. Commissioner Spence -Jones: -- for God knows how long. Commissioner Carollo: Exactly. Commissioner Spence -Jones: But lthink that we -- my direction was to at least come hack with us on the police side of it so at least we -- since we were talking about the issue, what was going on with police morale, at least make sure that that is a part of our main -- the main request. But I was very clear and I think other fellow Commissioners agreed that of course we would like for all the City Commission -- I mean, all the City employees to benefit from this. Of course. Commissioner Carollo: Right. And when I saw your discussion item, I started crunching numbers also. 1 reached out to Danny to see exactly what we can and cannot do. And 1 wanted to know the numbers of not just the police officers, and even whether it's 2 percent or 3 percent, and I think we've been pretty much on board with 3 percent. But I called Danny and I started punching some numbers, you know, roughly with regards to adding fire and adding all of our employees because, in all fairness, you know, in these last few years, everyone, the City as a whole, had to do cuts. And I think it's only fair that, you know, if we give a bonus to one sector of our employees, we give it to all sectors of our employees because, in all fairness, we are one city; and support staff is very important, support to the police officers, to the firefighters. And I think public safety is extremely important, so I think u'e should include the firefighters within that. And I'll yield to Danny. I know you know I have the numbers, but let's -- you know, let's discuss it and see how viable it is to give the bonus which -- by the way, let me start Why saying, I don't know if there's even state law that stipulates that we cannot give a honus to a government employee unless they've surpassed their qualifications or something other. I've looked this up about two, two and a half years ago, so it's very vague. But if not, maybe we could call it something else and still with ultimate, the -- you know, the intent is to give them some type of extra pay. And with that, I'll yield to Danny. City of Miami Page 44 Printed on 4/22/2(713 City Commission Meeting Minutes March 28, 2013 Mr. Alfonso: Okay. I'm going to try to be as factual as I can -- or, actually, I'ni going to he factual with the numbers. The question was asked about the education component in the police department. The police department currently has a suspended benefit in the contract that was agreed to; that is, far officers with an associate's degree, a $1, 200 flat payment; for officers with a bachelor's, 2,200; for officers with a master's degree, 3,200; and officers with a Ph.D, 4,200. That benefit currently is suspended. If we were to reinstate that benefit, it would cost approximately $658, 600 based on the number of officers that meet each of these qualifications. In terms of pay bonuses or one-time adjustments, that could he made, the police department sworn personnel currently adds up to $69.5 million. For ease of math, we can do 70 million; and if you were to do 1 percent, 700,000; 2 percent, 1.4 million; 3 percent, 2.1; and so on and so forth. The police officers do not pay Social Security, FICA (Federal Insurance Contribution Act); therefore, the City does not have to make that contribution. So that makes that math fairly simple. It's just the bonus, the amount of the percentage. Chair Sarnoff: One percent is how much? Mr. Alfonso: Seven hundred thousand. Commissioner Suarez: Approximately. Vice Chair Gort: That's given all across? Mr. Alfonso: That is across all police officers. Vice Chair Gort: All police officers? Mr. Alfonso: Yes, sir. Vice Chair Gort: Good ones and had ones and the whole works? Mr. Alfonso: That is correct, sir. Commissioner Carollo: Yes. Vice Chair Gort: Okay. Mr. Alfonso: The -- Commissioner Carollo asked, Well, what is it fbr the entire City? Entire City payroll under basis -- under base pay is $210 million. Commissioner Carollo: Right. Mr. Alfonso: So we have to sort of separate police and fire on the side because they don't pay the Social Security -- Commissioner Carollo: Right. Mr. Alfonso: -- the rest of the City does pay. So once you do the math, in a sense, you get somewhere between 6.5 to $6.6 million -- Commissioner Carollo: Yep. Mr. Alfonso: -- if you were to do it across the entire City at a 3 percent rate. Chair Sarnoff: Three percent rate is how much entire City? City of Miami Page 45 Printed nn 4/22/2(713 City Commission Meeting Minutes March 28, 2013 Mr. Alfonso: Six and a halfmilliondollars. Commissioner Carollo: Now -- and 1 want to also say we still have not met our requirement with the financial integrity principle. We still have not met our fund balance. We're starting to increase our fund balance, our reserves. We're still not there. However, I think the -- what we've all have spoken and the will of this Commission is that, listen, we had a large surplus last year; maybe we should give a little hack to our employees that, in all fairness, have taken cuts year after year after year, and like Commissioner Spence -Jones said, you know, to huild morale. Again, 1 also -- and 1 say this with a caveat of we still have not met our obligation with the financial integrity ordinance with regards to fund balance. We still have a ways to go. We're getting much better, but we still have a ways to go. But I think this way it'll be, you know, sort of a token of appreciation to all of our employees, you know. So, Danny, I think the number we're speaking about is 6.5 million, correct? Mr. Alfonso: Yes, Commissioner. Commissioner Carollo: And, you know, I'll yield to my colleagues. But I would think that, you know, it may he the right thing to do, keeping in mind that for next year and the following year, we also have to make sure that we don't break our contract. We had a two-year contract. And I remember specifically this Commission -- and I think even Commissioner Suarez said, listen, Danny, we want to make sure, you know, there's going to be raises fir next year. Commissioner Suarez: Exactly. Commissioner Carollo: We want to make sure that we don't break our contract. So, you know, at the same time, with this extra pay and -- what everyone call it bonus or extra pay, I want to make sure that we still, fir next year, can meet our obligation with regards to the contract knowing also that we still have not fulfilled our financial integrity principal with regards to our fund balance and we need to keep working towards that. Chair Sarnof f: Commissioner Gort. Vice Chair Gort: The thing 1 mentioned before is the thing that could lower morale more than anything else is for two individual, one is working real hard, the other one is not performing at the same level and they both get the same bonuses. This is why I think it has to he fair to everybody. If :you're going to do it across for every employee, that's fine, but do it across all employees. But if we're going to do it as a bonus -- if ,you're going to do it as a bonus, we got to make sure you set up criterias [sic] and guidelines because the people that get it, they're going to be very happy. The people don't get it, they're going to be very upset. So it's either all across and -- I still think we should have evaluation. We have to see people's performance. I think it's very important 'cause you have people here that have very good high salaries and you have people performing a lot better than those and they're not getting the same salary, and I think we -- this is one thing that really lift morales. That's -- Commissioner Suarez: Mr. Chair. Vice Chair Gort: -- my thought. Chair Sarnof f: You're recognized, Commissioner. Commissioner Suarez: Thank you. 1 think one of the things 1 like about it -- about this is that -- and it's different from before. I much prefer -- and it's kind of like how you manage the Ba}front Park Management Trust. I much prefer to be actualized and then to say, okay, from the money that we have, here's what we're going to do than to make a bunch of promises, like has happened City of Miami Page 46 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 in the past, and then not meet the promises. I think it's a lot better practice, first of all, and I think it's also more sustainable, and our employees appreciate it because they're not really expecting it. There's not this expectation. When you do a contract, there's an expectation you're going to fulfill the contract. And when you break it, it's a promise broken, not a promise kept. So I think -- you know, I'm not sure what the number is. Whatever- the number is that we agree on, I think it's, you know -- The funny thing that happened to us last year was that we went from a project -- we closed out month 11 with a projected surplus of 8 million, and then a week before we issued a bond, we found somewhere between 45 and -- I've been told that we're going to close -- yeah -- I've been told that we're going to close somewhere at 40. Commissioner Carollo: Thirty-eight. Commissioner Suarez: Thirty-eight, okay, there you go. So, you know -- And I know Danny had estimated it even a little hit lower based on some reconciliations initially. So we're beginning to close very close to 40. So, you know, it's better to do it the way that you're proposing now than I think it is to build into a contract with all this speculative stuff' and then when you get there to the performance part, you realize you have to break the promise, like has happened so many times in the past. Commissioner Spence -Jones: Mr. Chairman, the only thing, first of all, I would want to say is that I want to commend my fellow colleagues for, you know, having the compassion for the City employees. 1 mean, last budget season was a very tough one, and families across the board in the City, they're already suffering, and I think any token that we take or we make today shows that we care about our City employees. So I mean, if we're talking about $6.5 million is that number, which is a 3 percent bonus, then -- and for us to he able to now take it from police and fire to all the City employees, I just think that it sends a great message to our City employees, that we value and appreciate all that they have done. And even if we're only doing it for this year as a bonus, it just shows that we have the right intentions in mind when it comes to them and what they do to make sure that our City's taking care of And I've always said, and I'll continue to say it in every meeting we have, that our City employees, they are the backbones of our City and you have to take care of the people that take care of you. So with that being said, I don't know if we have to bring this hack at the -- Commissioner Carollo: Yeah. Commissioner Spence -Jones: -- next City Commission meeting because it is an item that brings -- that is -- will create some sort of fiscal impact. If Danny can he prepared to bring -- Commissioner Carollo: And --I'm sorry, Commissioner Spence -Jones. Real quick. Danny, by -- what will be an appropriate date that you think that we could actually pass -- 1 think it will have to be a resolution or ordinance. Resolution. Vice Chair Gort: As soon as possible. Commissioner Carollo: And how -- by when do you think we could do it? And by when do you think we could issue checks? And mind you, 1 know that we have some accounting obstacles that you need to work out. So I avant to make sure that we're -- also, for this year, we're okay. What I don't want is to do this and then all of a sudden, you know, we're at a deficit at the end of the year, even though it might he small, but -- so I want to make sure that our timing is correct. You see the intention of this Commission. And again, it's for all employees. But how can we do it so the timing is correct for the employees but also for our financial statements? Mr. Alfonso: Okay, you asked my opinion, so here we go. In terms of bringing it back to the Commission in the form of a resolution, I think the best time to do that would he in the mid year, which I have on the agenda for the second meeting in April. I mean, we can pretty much take the City of Miami Page 47 Printed nn 4/22/2(713 City Commission Meeting Minutes March 28, 2013 3 percent calculations, spread it out to every department, because I would have to then allocate to each department the additional expenditure authority so that when that payment is made, the money is there to he made and we don't exceed hudgets in all the departments. Commissioner Caroller: Real quick, by then will we have accurate numbers with regards to the revenues that we have receivedfrom rom -- and how --? Mr. Alfonso: We'll have one more month of actual expenditures and revenues estimated, so we will still he -- in terms of the actual revenue where we're getting, it will still he an estimated revenue. However, we know that we had the surplus last year, et cetera, so that's not really the question. The question that I would like some more clear direction on would he when is the will the Commission to do so? If you asked somebody in the financial world when do you want to make a $6.5 million payment, I would tell you on the last day of my fiscal year, September 30. Commissioner Carollo: That's -- Mr. Alfonso: Because any interest that I can get on that $6.5 million, I would like to keep on this side of the ledger. Having said that, what is the will of the Commission? And then also I can say well, any active employee as of that date, so I know exactly what I'm going to he calculating. Chair Sarnoff: Can I pipe in for a moment because I haven't said anything, and I'm not -- let me be the decisive guy here because I'm not one of these blanket kind ofguys. I want to be able to distinguish who did their job from who didn't do their job. I want to be able to distinguish and strategize other things. For instance, there's compression from the police at the commander's level, and I want to be able to strategize some sort of compensation so there isn't that compression. I want to be able to strategize I think a better benefit fbr education because at least there has been a link shown to me that the more educated you are, the less police misconduct there is likely to be. So 1 want to see a different strategy employed. Maybe the only one here, I think Commissioner Gort is suggesting something like that. I don't know what the lan' provides and I don't know what the law doesn't provide. I also want the City Attorney involved because there is still pending litigation, and I want to see how this impacts pending litigation. But let me give you my criteria. I want to know the difference and I want employees that didn't do theirjohs distinguished from employees who did do theirjohs. I want to he able to strategize where you get a better educated police officer, so maybe we double the educational benefit. I want to stop the compression through a police department at the commander's level because there's no financial reason to he a commander. You simply -- it's just simply good soldiers doing their work and they lose money doing it. And those are the kind of strategies I want to see employed. Because I will not he voting for an across-the-board, Willy-nilly, everybody gets 3 percent increase. Commissioner Spence -Jones: Well, that means at this point we -- this probably won't be happening for a while, okay, because by the time -- Commissioner Suarez: That's correct. Commissioner Spence -Jones: -- we go to department heads and have them determine who's getting the bonus, who can't get a bonus. Commissioner Suarez: Mr. Chair. Commissioner Spence -Jones: I mean -- Mr. Alfonso: And you're talking about negotiated items on the contract. Commissioner Suarez: Mr. Chair. City of Miami Page 48 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Commissioner Spence -Jones: Huh? Mr. Alfonso: 1 believe you're addressing items that have to be negotiated through bargaining. Commissioner Spence -Jones: Right. So I mean, I thought the whole -- I mean, I understand what the Chairman is saying on the issue and I agree. I mean, if the person has not really, you know, fulfilled maybe all of their obligations that his supervisors feels or feel like he hasn't -- and I'm sure maybe, perhaps, that's because the morale is so low that there's no motivation to do it. Commissioner Suarez: That's a good point. Commissioner Spence -Jones: So, you know, I -- what drives me nuts -- and I'm not making this about you, Mr. Chairman -- is -- Chair Sarnoff: Although 1 have driven you nuts in the past. Commissioner Spence -Jones: You have -- and I'm sure I've done the same for you, too. But what drives me nuts is when we attempt to do something good -- and the whole purpose of us doing something good is because we realize over the last three years, in some instances five years, in some instances six years, n'e have not really taken care of our employees. So over a certain span of time, even if that employee was the greatest employee in the whole entire world, by year three when that employee has not seen that there has not been any, you know, support towards them -- you know, it seems that every time the budget, you know, comes, then the City's placing its issues on their hacks -- I mean, you create resentment, you create a disgruntled, an unhappy employee. And, you know, at the end of the day, yeah, they can't walk off and go -- well they could walk off and go to anotherjoh, but jobs aren't easy to come hy. And I don't really want this to he a -- us to have a debate about the issue because -- 1 mean, we were all doing this, I thought,. from the standpoint of it being a goodwill gesture towards our employees, you know. That's not to say that that's going to he the case next time. Next time maybe because we have more time and more lead time to address the issue, we can build in, you know, bonuses that can he put in place if meet certain milestones. We have time to do that. But I thought that the purpose of this discussion, which started off as a police and a public safety issue more so than anything else -- that's how we got here. And the only reason why we've expanded it -- and 1 agree with Commissioner Carollo's viewpoint on this and Commissioner Suarez -- let me put it out there -- that it makes only sense to, you know, just try to take care of all the City employees at one time so we send one message all at one time that we appreciate and value what you've done over the last two or three years; you haven't really had an increase, you know, and you've been struggling just to do yourjoh. So to me, I thought this was more of a goodwill gesture than anything else, you know. I'm just telling you, when we start getting down -- look at your police issue. You've been trying to get police officers hired -- 100 police officers hired for the last two or three agendas and it -- and it's been clogged up with all this other stuff that we can't even get to the point of just even hiring the police officers. So now, if we're going to start now doing the same thing on this issue of the bonuses for the City employees, you know, whether or not we agree with whether or not they, you know, deserve it, then I don't know want to continue to have the discussion about it 'cause well be doing it every month. Well be talking about this for the next six months and we'll be in the next budget season at that particular time. I thought this was a goodwill gesture. I thought that, you know, the whole purpose behind the whole thing was to show our City employees that we do appreciate and value them. I mean, I'm just -- you know, after a while, you know, you just -- you get so tired of going hack and forth over the same issues over and over and over again. If we're going to do something good, let's do something good. If we're not going to do anything good, then just don't do it. Commissioner Suarez: Mr. Chair. City of Miami Page 49 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Commissioner Spence -Jones: But let's not come every Commission meeting for the next two or three meetings with this same item and us talking about it over and over again if our intentions is not to do anything far the employees anyway. Commissioner Suarez: Mr. Chair. Johnny Martinez (City Manager): Mr. Chair. Oh, I'm sorry. Chair Sarnoff Well, let me -- wait, wait, wait. Mr. Martinez: I'd like -- Commissioner Spence -Jones: I'm not -- Vice Chair Gart: Wait. Commissioner Spence -Jones: -- necessarily talking about you. Mr. Martinez: I'd like to -- Commissioner Spence -Jones: I'm just saying in general. I don't want to keep -- I don't want it to keep corning backup aver and over. Chair Sarnoff.' It's okay. I got big, strong shoulders; I don't mind. I have a strategy I want to employ and if in 30 days, my strategy doesn't get employed 'cause Danny says I can't figure it out or the Manager says I can't do this or the City Attorney, says illegal, legal partly, I'm okay with waiting the 30 days. You want to blame it on me, that's fine. But let me just run the meeting the way I want to run the meeting. The Manager wants to say something. 1 know Commissioner Suarez does. He's been waiting patiently. Will you yield to the Manager? Commissioner Suarez: 1 will. Chair Sarnaff Okay, the Manager. Mr. Martinez: I'd like to chime in. Thank you. I strongly believe in doing your work and demanding compensation, in that order. Having said that, I think we're so far behind that I think that this first initial gesture should just go across the hoard -- Commissioner Carrillo: Yes. Mr. Martinez: -- without any evaluations and bonuses. (UNINTELLIGIBLE) we'll never finish that exercise. Once we catch up, maybe in the future we can say, you know what, Danny's done a great job and he deserves a bonus, or the CAFR (Comprehensive Annual Financial Report) went out a week early and that team deserves an offer and that type of thing. But for this first round, we're so far behind that I think we need to figure out a way to just do it across the hoard and not get into the weeds of this employee's a little bit better than this one 'cause it's just going to create so much havoc and chaos that we'll never finish at this time. Maybe for the future, after we catch up a little bit, we can start implementing some of those good practices of performance -based rewards. But Jim this round, I strongly recommend, if we agree to it and we can budget it, just do it across the hoard. That's all I'm going to say. Commissioner Suarez: Thank you. Chair Sarnoff' (UNINTELLIGIBLE), Commissioner Suarez. City efMiami Page 50 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Commissioner Suarez: Thank you, Mr. Chair. Wrote down a couple of notes here 'cause I think -- I wanted to say a lot of the same things that the Manager was saying but in a little bit of a different way, which is, first, the cuts that we implemented in '09 and '010 [sic] were not really qualitative in nature. They were kind of just across-the-board cuts, and so -- not that that was necessarily the right way to do it, and maybe it wasn't the right way to do it, but that's haw we did it. So what I think we're getting at is the increases should be done the same way as well, if we're going to do that. I think number two, if somebody doesn't deserve a bonus, then maybe they don't deserve to be an employee of the City of Miami, you know. I mean, if somebody doesn't deserve -- if someone's not working hard and if someone's not deserving of a bonus, then maybe we don't need them. Maybe we need someone else, you know, to fall that position and then give that person a bonus, and then -- you know, I understand where you're coming from, Mr. Chairman, 'cause I think what you're talking about is, you know, we found some money; now, all of a sudden, we can't get drunk on spending, and I can understand that. And I think -- you know, Commissioner Carollo's put it on as a discussion item many times, I've put it on as a discussion item many tinges, the fact that we needed a financial integrity plan that should have taught us how we're going to get to our reserve amount, and we have one now, kind of, sort of. We do. And I drink it will get us there if we follow it. But I don't think -- I think we need to he careful, but I think we can do some of these things if we're careful, and we've demonstrated a lot of care in this Commission. We've been very careful. And I don't think we're going to fall victim to overspending, butt understand what you're talking about 'cause you're talking about two very significant priorities, one of which is hiring more police officers, which I wholeheartedly support, and that has a price tag. Sa, you know, 1 don't know if it's 3 percent, 2 percent, 1 -- whatever it is, we need to -- I think we should do it across the hoard because we did our cuts across the board, so that's number one. But I do think we need to balance what we do with all our other priorities because what I don't want to see happen -- and I don't think you do either, Commissioner -- is us to take a step backwards when we've taken a step forward. And so, you know, I think -- you know, I think trying to get into the qualitative nature -- if somebody doesn't deserve a bonus, they don't deserve to be in the City of Miami, so that's nay perspective. You should really think twice about keeping them. And then -- you know, so I think it should be across the board. What level it should be? We need to look at what are our different priorities, okay, and what money do we have available because we can't overdo it either. But I think -- I think it is time to send a signal to our employees that we appreciate the work that they're doing, that we understand, that we've had to make tough decisions far the last couple o f years. We did it painfully. It was painful for all of us. 1 don't think anybody left here this dais happy with the decisions that were made, but they were the necessary decisions. And, you know, now that we're -- and we're doing it -- I think this proposal's doing it in a much more fundamentally sound way, which is instead of saying we're going to give you a contract that we're going to break, which has been broken several times over the last few years, we're going to say, okay, we're going to revisit this. At the end of the fiscal year, we're going to take a look at what we have. Things are going a little better than expected, you know, never mind the fact that we declared financial urgency in September and then in November said that we had all this money, so you know -- and then we used that as a basis for our negotiations of our two-year contract. But in any event, I think there's a lot of merit to what has been said here and I think we can find a middle ground. Chair Sarnoff: Commissioner, would you yield so I can respond to him, 'cause I think it a constructive response? First off, this police chief had a $4 million surplus. And -- Commissioner Suarez: I agree with you, we shouldn't have a surplus there. Chair Sarnof f: -- I said -- Right -- the only savings that I want to see the police have is lives and property. Commissioner Suarez: Exactly. Chair Sarnoff: And what we're doing is we're taking the police surplus and we're essentially City nfMiami Page 51 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 distributing it to others, and I want to see that police surplus used one of two ways. Certainly, I agree with the lifting of the suspension of benefits for education because there -- Commissioner Suarez: Agree. Chair Sarnoff. -- seems to he a correlation that's been shown to us with regard to -- Commissioner Suarez: I agree. Chair Sarnoff: -- police misconduct and education. I'd like to double the amount that we give our officers, and it may have very little fiscal impact, Danny, because it may he that there aren't police officers that have that education, or there may be even an ability to entice them to have that education. That's just strategy I want to employ. Now, I also want to have a savings to use enough so that we can at least handle the necessary beginnings of ramping up to 100 police officers. And I can he brought along with the other issues, hut I'm going to tell you this, and you hear me say it all the time. I quote Joe Biden. We can all talk a good game. Let me see your numbers, and then I'll tell you the game you're really playing. So I have no problem with what anyone is saying here. But there's a strategy I want to employ. You took $4 million from police, and that is the gravamen of what we're talking about for the $6.5 million. I want to strategize and I want to start fixing this department, not right now but fir the future with education. I want to make sure that there's some money put aside so that we can at least start ramping up for the 100 cops. Commissioner Suarez: By the way, I like the thing about the commanders 'cause we got a couple of commanders in the audience, and their ears were perking up when they were talking about commanders. Chair Sarnoff: They're suffering from compression. If you ever talk to a commander, you ever look at what they make, why do they do what they do? Commissioner Suarez: And believe, aside from obviously the strategy that's implemented at the 50, 000 foot perspective from the executive staff that the commanders are the most important members of our, you know -- they're what make our team rise and fall. So you're right about that. Chair Sarnoff.' Commissioner, I apologize. Commissioner Carollo: I mean, you know, so what you're saying is, I think this Commission is acting. I say -- I think we were already showing the numbers, really saying what 3 percent is. Not just for police, but across the board. I think we're giving the numbers. I think I've been extremely cautious with regards to moving forward, but at the same time being fiscally responsible. You know, that's why I said the caveat that we still have not met our reserves, you know, limits that we're supposed to due to the financial integrity ordinance. I mentioned about the contracts. We have a two-year contract. I want to make sure that we can oblide [sic] by our two-year contract so that this bonus or extra pay, a one-time extra pay will not hinder us being able to, you know, go, forward and meet our obligations. So I think we are there. And what Commissioner Spence -Jones is saying is exactly what I'm trying to say. Listen, yes, this should be goodwill to all of our employees because, in all fairness, the last four or five years has been tough. I know morale's really been down. There's been a lot of cuts, and now it seems like we're seeing a little hit of sunlight, a little hit of breath of really, you know, starting to financially come out of where we were, and I think we should give a token of appreciation of goodwill. That's why 1 think we should -- it should be across the board. Now, listen, I'm the first one who admit, you know of accountability, making sure with regards to merit increases or at least, you know, performance increases, but the truth of the matter is, listen, everyone's taken cuts in the last few years. I think it should be across the board, at least this time, you know. And if we start getting City efMiami Page 52 Printed nn 4/22/2(713 City Commission Meeting Minutes March 28, 2013 into all these other issues, you know, we -- I haven't even mentioned about politicizing it because all of a sudden -- Listen, there's going to he people that no matter what they do, in all fairness, they're going to get their bonus because they're sacred cows, you know. So I just don't want to politicize this and make this, you know, a lot more cumbersome. The bottom line is, 1 think we should just say, hey, listen, Danny, what's your opinion? When should we he able to give this bonus? When will it come back to this Commission? Can it he done? Are you certain? Do we have your commitment that we will meet our obligations? And pretty much, when can this he done moving forward? I think that's what we need to speak about. And it's not just speaking, Commissioner. I think we're taking action now. I think you're listening to this Commission saying, yes, we want to do this. Let's move forward. Danny, how do we move forward? Chair Sarnoff. Conmrissioner Gort. Vice Chair Gort: I agree. I think we have very short time. If this is one time, just across the hoard is fine, hut think we need to come up with aprogram where we can -- because in two year -- next year we're going to have negotiation taking place. There are going to be a lot of requests coming up, so we want to make sure they understand this is a bonus (UNINTELLIGIBLE) he in goodwill. Commissioner Suarez: Mr. Chair. Vice Chair Gort: And we promise -- one of the things we promise: as the City progress, so would the -- it would he their income and their benefits. But at the same time, I'm a great believer also in education 'cause I like to hire within. I've been looking at all the people that are going to be leaving in the next two years and the managers that we need. We need to educate people within the system to make sure they can take over. That's an additional incentive you give someone, that they have the opportunity to become the chief or the director of a department. I think that's very important for the employees of the City of Miami, that they have an opportunity. And let me tell you, I'm against sacred cows. Chair Sarnof f: Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. No, I just think -- I agree with what Commissioner Carollo said. I think we need to, however, look at the numbers in the context of also hiring 100 police officers, which has its oven price tag, and that has its oven impact on all the numbers that we're talking about, which is, you know, our projected reserves, our -- the reserve levels we need to be at, our projected reserve for the year, our projected reserve far last year, and our -- you know, what our integrity ordinance threshold should he. So we need to put that all into the mix, come up with something that we're all comfnrtahle with so we can, I think, achieve all our objectives. 1 think it's doable. 1 think we may have to reduce some -- tweak some stuff. I think it's -- that's a good word. We have to tweak it a little hit. But I think it's doable. Chair Sarnof f: All right. Pretty much, we have an understanding. And you will come back -- why don't you do this 'cause -- the next meeting, why don't you at least have one more discussion on this because, I understand, at the second meeting the Commission could take action. Is that right? Mr. Alfonso: Well, I was -- as I said earlier -- Chair Sarnof f: Second meeting in April. Mr. Alfonso: -- the second meeting in April is -- Chair Sarnoff. Right. City afMiami Page 53 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 DI.1 13-00280 Department of Police Mr. Alfonso: -- my mid -year budget amendment. Chair Sarnoff: Right. Tice Chair Gort: Yes. Commissioner Spence -Jones: That's when we want to make the change. Vice Chair Gort: Yeah. Mr. Alfonso: So -- Chair Sarnoff: But what I'm saying is -- Mr. Alfonso: You want to discuss it again? Chair Sarnoff • -- well have one more discussion item for the next Commission meeting -- Mr. Alfonso: Okay. Chair Sarnoff: -- where you can give us your ideas, presentations. You could refine some of the things you heard on the dais here, and then we'll have one more set of refinements or tweakings, if you will -- Commissioner Suarez: Hopefully. Chair Sarnoff: -- and, hopefully, by the second meeting in April, we can either have a resolution or push it to the first meeting in May. Mr. Alfonso: Yes, Commissioners. Thank you. Chair Sarnoff: Thank you. END OF BUDGET DISCUSSION ITEMS DISCUSSION ITEM UPDATED REPORT ON THE INDIVIDUALS ARRESTED FOR SHOOTINGS IN THE CITY OF MIAMI. 13-00280 Summary Form.pdf DISCUSSED Chair Sarnoff.• All right, I think we are at DI.1, which is an update an the police shooting -- on the -- sorry. Let me say it the right way. Where's the chief? Vice Chair Gort: DI (Discussion Item). Chair Sarnoff: Dll. Is the chief here or is somebody here for the chief? Even better, it's -- Armando, you can present. City efMiami Page 54 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Commissioner Suarez: Come on, Armando. Chair Sarnoff: Come on, Armando. He's not here. It's a -- Commissioner Suarez: Come on, Armando. Chair Sarnof f: -- forfeiture. The Commission is demanding you to step up. Commissioner Suarez: Let's go, Armando. Chair Sarnoff: There's the chief never missing his appearance on TV (Television). This guy looks like he's got a Hollywood role. All right, chief, I'm just trying to get an update. I thought it would be interesting for us to follow a number of people -- I think they've all committed a murder, ifI'm not mistaken, or know they've done a shooting. Manuel Orosa (Chief of Police): Yes. Chair Sarnoff: And I'rn just curious -- and I know they had the opportunity to read this. Could you just update us on -- like I happen to remember the names of the guys. I happen to know their ages and -- Can you bring us up-to-date 'cause I avant to follow how the judges and the prosecutors and the public defenders are treating this. Chief Orosa: Okay. In the first homicide that we decided to take a look at, in January the -- a motion by the defense for continuance was filed. It was approved. On the 27th of February, a hearing was scheduled Inc April 22. That's on the first one. Chair Sarnoff: Okay. Chief Orosa: And that involves a homicide. Chair Sarnof f: And we should follow this because an interesting part of this is that -- This is Judge Thomas Rebull, i f you all remember. He was the head of the -- Commissioner Carollo: Yeah. Chair Sarnoff: -- Civilian Investigative Panel. So interesting enough, somebody that we know that's familiar to us is now the judge. And this man is accused of second degree murder. Chief Orosa: Correct. On the second case, the previous status was December 21. That was last year. A trial hearing was set for April 22. As of February, it still remains the same, the status of the trial hearing on the 22nd. And this is a first degree murder with an attempted murder as well. Chair Sarnoff: Okay. And we'll follow the judge, which is Victoria Brennan? Chief Orosa: Correct. Chair Sarnoff: Okay. Chief Orosa: The third one, it another murder, and the case, as ofDecember 10 ()Past year, motion for continuance was filed. It was approved. And as of February 27, the case has been setfor trial for April 15. Chair Sarnoff: And this is in front ofMigna Sanchez-Llorens. Am I right? City of Miami Page 55 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 Chief Orosa: Yes, sir. Chair Sarnoff: Who, 1 think made some pretty big news, if I'm not mistaken, in the Herald, about -- probably about three weeks ago. So looks like we have a couple trials set, for April. Chief Orosa: Correct. Chair Sarnoff: Okay. Chief Orosa: And the last one, number five, it's another first degree murder. In January it went in front of the judge and arraignment was set for February 19. As of February 27, the arraignment was continued to March 21. Chair Sarnoff: Any reason why an arraignment would take so long, that you know of? Chief Orosa: I can only surmise that there was an issue with the defense attorney and the individual had no attorney at the time and -- Chair Sarnof f: Okay. Chief Orosa: -- the judge delayed it. Chair Sarnoff. All right. So this is in front of Judge Jose L. Fernandez? Chief Orosa: Correct. Chair Sarnoff: Okay. Chief Orosa: And as you can see, on this particular case, the individual has prior arrests of robbery, theft, driving while license suspended, et cetera. Vice Chair Gort: Was there backup material far this? Commissioner Spence -Jones: Can I get a copy? I don't have a -- Vice Chair Gort: I don't have one. Commissioner Spence -Jones: We don't have one. You have a extra one? Chief Orosa: No, Commissioner. Commissioner Spence -Jones: Do you have it? I don't want to take yours. Chair Sarnoff: Take it. I've read this. Commissioner Spence -Jones: Okay. Chair Sarnoff: And the next one, chief: I think there's one more. Chief Orosa: Yeah. No, the next set is the shootings. We selected five homicides, five shootings. Chair Sarnoff • Five shootings, okay. Chief Orosa: Okay. The first one is an attempted murder. The victim survived. On January 10, City of Miami Page 56 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 it was set for trial in May, for May 6, and it's still the same status. Chair Sarnoff Okay. Chief Orosa: The second one, who's a juvenile -- Chair Sarnoff: Being treated as an adult now or as a juvenile? Chief Orosa: As an adult. Chair Sarnoff • Okay. Chief Orosa: Basically -- Commissioner Spence -Jones: Is this Kevin Brown? Chief Orosa: There was a -- Chair Sarnoff: Chief, give Commissioner Spence -Jones the name of the person. Chief Orosa: I can't because we intentionally left it out because -- Chair Sarnoff• Igotyou. Chief Orosa: -- it's a juvenile. Chair Sarnoff: I got you. Commissioner Spence -Jones: Oh, it's not -- but I was just trying to figure out which page, but go ahead. I'm -- Chief Orosa: No, it's -- right, it's a juvenile so we want to -- by state law, we're going to need to protect their identity. Commissioner Spence -Jones: Okay. Chief Orosa: The previous update, there was a motion for house arrest that was filed in December 6 of last year. And as of February 27, there has been a status hearing set for April 12. I'm sorry. Yes, March 12. And he has no -- Chair Sarnoff • But not as a juvenile, right? He's being treated as an adult. Chief Orosa: Yes, I believe he's being treated as an adult, correct. Chair Sarnoff: Okay. Chief Orosa: And this is his first charge. He hasn't been in trouble before, that we know off The next individual committed a shooting, and he's charged with attempted first degree murder. And in January 17, a motion for continuance was filed. It was granted. And in February 27, the trial has been scheduled for April 22, in front of Victoria Sigler. The next one is the individual that did the shooting at Gibson Park. He -- in Fehru -- in December 17, the motion for continuance was set. It was granted. And as of February 27, the trial was set fOr March 11. Commissioner Spence -Jones: Did it happen? City el. Miami Page 57 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 Chief Orosa: And I don't have an update on that. I have to get a further update. And it's in front of Ariana Fajardo. And that's our last case. Chair Sarnoff: All right, chief. Chief Orosa: We got five and five. Chair Sarnoff: I -- you know, every like 60 days, if we could just do updates. I want to start following cases. You pick five great ones, you have five attem -- five murder charges, five shootings of some, you know, significance. And I just want to see how the system treats it so that each Commissioner can become familiar with if, all sudden, we see a withhold adjudication or we see a, you know, credit for time served or -- you know, I'm a little bit surprised that we didn't see long rap sheets. So what my office is doing is I'm truing to develop my own internal rap sheets. You've missed quite a few. Some of these guys have been arrested more than 24 times, and I wouldn't think my information would he better than yours so might want to do a little more tweaking on your backgrounding [sic], chief. Chief Orosa: Well, part of the issue that we don't show everything is because anything that's -- Commissioner Carollo: Juvenile. Chief Orosa: -- as ajuvenile, we -- it's protected and we don't want to show it. But we'll take a second look at this; make sure we haven't missed anything. And some of the reasons why they don't have a lot of prior arrests, even though there are some with battery, grand larceny, lewd and lascivious and stuff like that, is that they're fairly young individuals themselves, so they haven't had -- Chair Sarnoff: And it could be I'm picking up the juvenile arrests. Chief Orosa: That could be. Chair Sarnof f: All right. Thanks, chief. I really appreciate you doing this. Chief Orosa: Thank you, sir. DI.2 DISCUSSION ITEM 13-00109 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 13-00109-Submittal-Review Committee Report.pdf 13-00109-Submittal-Review Committee Draft Ordinance.pdf SPONSORS: CHAIR MARC SARNOFF DEPARTMENT OF PLANNING & ZONING DISCUSSED Chair Sarnoff: So we are now on -- Commissioner Spence -Jones: Are you going to deal with DI.1 and we're going to wait on the City efMiami Page 58 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 shootings? Chair Sarnoff: Let me do DI.2 'cause I thinkl gave them a time certain of 4. Commissioner Spence -Jones: Okay. Chair Sarnoff: And I'm sure you guys will he thrilled, and I don't mean to downplay this. These guys have worked for the better part of three years on this so. Mr. Brodsky, thank you very much for serving as the designee on behalf of the alcohol, tobacco and whatever committee -- alcohol ordinance, and I know that we started this almost three years ago. And I know Tucker Gibbs was on it. I know that Steve Perricone was on it. I know that Mr. Holland was on it. I think Richard Cooper came once or twice. I attended about three-quarters of the meetings. And they did yeoman's work. Richard Brodsky: And Jose Goyanes also. Chair Sarnoff • Yeah. And you're recognized,for- the record. You take itfroin here. Mr. Brodsky: Well, thank you. Pm Richard Brodsky. I'm an attorney and a citizen and resident of the City of Miami. And I am the vice chair and I guess principal draftsperson of the report and of the recommended proposed amendment replacement of the existing alcohol beverage ordinance. There are three main points that 1 want to stress and that 1 have stressed with each of the Commissioners or staff that I have briefed in the last couple of weeks. The first is that the goal has been to create a simple or at least simpler ordinance. The existing ordinance is complicated and, frankly, virtually impossible to navigate through or understand. When I was first appointed to the committee, I never read the ordinance. I had to read it four or five times; got a headache. And I knew that the goal would he, if we did nothing else, to make it comprehensible and easy to understand for business owners and for City staff who had to enforce it. Whether or not we have achieved that goal, of course, is up to the reader and to the observer. But we do believe that we have created an ordinance that is easier to understand and navigate from both an enforcement point of view and from the business owners' point of view. The third point want to make is that we have preserved the basic rules that exist under the present ordinance hut have addressed a few pressing issues that have been brought to our attention, that have been -- to use a word from the prior discussion -- tweaked. We have tweaked a little bit to change the basic structure on certain items. Our proposed ordinance is neither pro -alcohol consumption nor anti -alcohol consumption. It proceeds from a mature recognition that alcohol is not only part of our civilization and virtually every civilization, but that its lawful availability to users is an important element of our particular economy. Any tourist -based economic development program has got to allow for the safe availability it!. alcohol to users. And from a philosophical point of -view, one of the goals in writing the ordinance is to be certain that we were able to allow,* commerce but also protect the public against the undeniable adverse effects of excess use of alcohol. Now, it's important to know, as you do know, that the state imposes requirements on who can sell alcohol, which kinds of alcohol, and under what circumstances; and a license is issued at the state level. The state law permits municipalities to regulate two areas: time of operation or service and distance separations. So those are the two main focuses of this present ordinance. It's -- they're the two main focuses of the ordinance that exist on the books now and it remains the main focus of our proposed ordinance. Now, I think it's important to note a detail but an important one and that is that the proposed ordinance that's -- was attached to your packages and that was published in the agenda was a prior draft. It was like the next to last draft, and I have arranged to pass out and have available extra copies of the exact provisions of the existing -- of the proposed ordinance that corrects the mistakes that, frankly, 1 discovered after 1 had submitted what 1 thought was the last draft. We made one tweak thereafter in response to a particular company's request, and we also made some corrections which were, frankly, usage in wording. I had also prepared an unofficial document, which I think would he helpful to anybody who was 'lying to understand the basics of this proposed City nfMiami Page 59 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 ordinance, and that is this document here, which I hope you have. I know that various Commissioners or Commissioners' offices received from me personally this week this document. The fourth column attempts to set firth the hasic -- and this has to -- I did this only with respect to ours. The fourth column of the our section tries to indicate what's in the present ordinance that deals with the same subject on that particular row. I have to say that it was somewhat difficult actually to put that forth column in because the existing ordinance is sufficiently different in its organization to put a pleasant expression on that description from the way we have drafted our ordinance, and it wasn't -- I wasn't able to provide an example or a -- spell out exactly what the existing ordinance says about each of these items, hut I think this is generally -- it is accurate insofar as it goes. 1 do want to make sure that anybody who uses this summary understands it is not intended to be a comprehensive playing out of every detail in the proposed ordinance. As I said, we went through each provision and we discussed should we keep it the way it is. We didn't change anything until -- unless we thought there was a positive reason to change it. So most of the effort, frankly, went into writing it. There were periods -- it really didn't take three consecutive years of work, hut it has lasted for three years, and that's firr a variety of reasons. But suffice it to say that the committee worked very, very hard. We had so many meetings that we've lost track. And I do want to thank the staff of the City and, in particular, George Wysong, Lourdes Slazyk, who's, of course, no longer with the City but started us off, Barnabv Min, who has played a very, very, very helpful role in helping me do the heavy lifting of drafting; Francisco Garcia, Kim Kennedy, his aide, Ron Nelson and Daniel Goldberg of Commissioner Sarnoffs offices. I will say, as a citizen, with no dog in the fight, that the people I've met from the City, which is -- I'm also on the Finance Committee and I'm kind of mixing up my attitudes or reactions, but you've got some great employees in this City. You've got some dedicated, super employees that I've had the opportunity to work with. And, you know, sometimes I think, as a City resident, when the garbage is picked up on time, I feel like saying Hosanna, the City gets something right. But you've got some fantastic employees, the ones I mentioned. You should he proud of them. I'm not touching the issue of honuses. I'm simply reflecting, as a citizen, that 1 was impress -- have been impressed and continue to be impressed. So that's my -- our presentation for discussion item. Francisco was going to be here but was called out of town, as I understand it, Francisco Garcia. And so -- and with me today is Tucker Gibbs, whom you all know, who is the chair of our committee. Chair Sarnoff Well, I just want to thankyou both. And I also want to make a public apology to Tucker Gibbs. Tucker, about three meetings ago, 1 didn't give you a public hearing. 1 thought 1 was justified and right, but I could have done so in a much more mild mannered way. And you certainly don't need to be treated by the Chair in maybe such a flippant way when you put so much of .your own valuable time into something I requested you to do. So, in a public way, let me just apologize for any appearance of being a little abrupt with you. Tucker Gibbs: Well, thankyou. 1 didn't take offense. You had a very long day, and 1 understand completely. And well deal with it in another forum anyway, so thank you. Chair Sarnoff: Thought I'd give you that forum too. Vice Chair Gort: He can take you to lunch and dinner. Mr. Brodsky: Going to go to Mr. Moe's. Chair Sarnoff: So ifmyCommissioners have any questions of Mr. Brodsky, who is, by the way, one of the most intelligent men I've ever met in my life, one of the most articulate men I've ever met in my life -- Mr. Brodsky: You haven't met a lot of people. Chair Sarnoff: Yes, I have. City of Miami Page 60 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Commissioner Suarez: Mr. Chair, if I may? Chair Sarnoff: And 1 know Commissioner Suarez wants to say something. Commissioner Suarez: Thank you, Mr. Chair. I'd like tojust echo your sentiments. I don't hold the fact that he went to Brown against him. You know, he did go to Harvard Law. My father went there as well. So we have those things in common. His son is an accomplished attorney as well. And it a testament to our community that we have people like Mr. Gibbs and Mr. Brodsky that are willing to take of their very valuable time and energy to help. And it's also a testament to you because you -- I'll be honest with you. When you talked a few years ago about creating this committee, I thought you were putting this thing out to pasture, I mean, to be honest with you. And so the fact that you stuck with it in -- over several years and brought it hack to something that is manageable and that will create a better -- hopefully, a better ordinance for our citizens to understand what the rules are and aren't is a testament to your leadership as well. So thank you all fbr your very valuable time and service to the City. Mr. Brodsky: Thank you. Chair Sarnoff: And just so you know, Commissioner Suarez. If were to compare this to trying to follow the ordinances we presently have on right now, even as a pretty good lawyer as yourself, you'd have a very difficult time doing so by using archaic expressions that no longer exist in the City of Miami and probably not in any part of the country any longer. We're talking about 1940s, 1950s ideology that no longer apply to a city that would then say, well, if you throw me a covenant and you also give me a this, you can have a that. Nowhere in our code does it say, if you throw me a covenant, you can have a this and then I'll give you a that. But it's been interpreted that way. I think it's important fbr this Commission to know nobody loses anything in this ordinance. Itjust clarifies whatever it is we have. So, Mr. Brodsky, what I'd like to do now is I'd like to put it on as an agendaed item, for an ordinance change. And I wanted to give you the opportunity sort of to see legislation in process. I mean, I asked you to speak with each Commissioner. I hope you had that opportunity. Mr. Brodsky: I've spoken with the staff or all five Commissioners, plus the Mayor. Chair Sarnoff • And I hope you're here, for the legislative process because that's where it will get a little more rigorous. Mr. Brodsky: Certainly will be if you let me know when it's going to happen. Chair Sarnoff: All right. So, Mr. Manager, 1 would like to put this on the agenda. I don't know what your due course would be, but I'd like to put it on a due course agenda. I'd like you tojust coordinate with Mr. Brodsky so that he is available to present and answer questions, along with Mr. Gibbs, for any issues this Commission may have. And again, I want to thank you for doing this, Mr. Brodsky and Mr. Gibbs. And we'll move on from here. Mr. Brodsky: Okay, thank you. Chair Sarnoff: Thank you. Vice Chair Gort: Thank you all. Commissioner Suarez: Thank you. Chair Sarnoff: Okay. So now we -- City of Miami Page 61 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Vice Chair Gort: You know -- Chair Sarnoff -- we are on DI (discussion item) -- Tice Chair Gort: Mr. Chairman. Chair Sarnoff: Yes, sir. Vice Chair Gort: You know, we recognize a lot of individuals, hut we have a lot of people that serve in different board, volunteer, and sometime we should come up with some way to recognize those individuals. Commissioner Suarez: Yeah. Agree. Chair Sarnoff Well, I was thinking of creating something called the Brodsky Awards so -- Tice Chair Gort: Sounds good. Chair Sarnoff: -- we'll recognize them that way. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Chair Sarnoff.' Okay. Commissioner Carollo: Mr. Chairman. Chair Sarnoff: Yes, you're recognized. Commissioner Carollo: I'm seeing a lot of attorneys in the public that I think deal with PZ (Planning & Zoning) items. Chair Sarnoff And I'm going to get to that right now. Commissioner Carollo: Yeah. I kind of want to at least say the -- and I know Francisco Garcia, our director of Planning & Zoning, isn't here today, so I wanted to, you know, just like I tried to do in the beginning of the meeting, say which items that -- Chair Sarnoff City Manager (UNINTELLIGIBLE) sit in for him, so we're going to see how well he does at PZ. Commissioner Carollo: Got it. So I think we should at least let the public know which items ive're planning on deferring. Chair Sarnoff Yeah. Well, is there anybody wishing to defer any Planning and Zoning items from the Administration, then to the Commission, and then if there's any motions? So I'm. going to take it the Administration doesn't want to defer. I'm going to take it the Commission doesn't avant to defer. Commissioner Carollo: No. Commissioner Suarez: No, no, no, no, no. Chair Sarnoff.' Oh, go ahead. City of Miami Page 62 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 Commissioner Carollo: No. Chair Sarnoff: So now to the Commission. Commissioner Carollo: And I will wait on the Administration to -- Unidentified Speaker: (UNINTELLIGIBLE). Commissioner Carollo: Yeah. Chair Sarnoff • Oh, you do? Okay. Commissioner Carollo: Yeah. Chair Sarnoff: Sorry. Harold Ruck (Planner II): Good afternoon. Harold Ruck, with the Planning Department. And there are a couple of items that we're wishing to continue. Item PZ.4 and PZ.5, these are land use and zoning changes at 9th Street, between 8th and 12th, land use and zoning changes. Then we're wishing to continue items PZ.9, PZ.10, PZ.11, PZ.12. This has to do with Flatiron. Those are the items we wish to continue. Chair Sarnoff • So PZ.4, PZ.5, PZ.9, PZ.10, PZ.11, PZ.12; and of course, the Clerk is going to ask me, when would you like to continue them to. Commissioner Spence -Jones: Oh, wait, wait. Mr. Ruck: The next PZ agenda. Chair Sarnoff: Perfect. Commissioner Carollo: Second meeting in April, correct? Commissioner Spence -Jones: Can I --? Mr. Ruck: Correct. Chair Sarnoff: And you have any, Commissioner? Commissioner Spence -Jones: No. Can you repeat them again, PZ --? Chair Sarnoff: Sure. PZ.4, PZ.5, PZ.9, PZ 10, PZ.11, PZ.12. Commissioner Spence -Jones: Okay. Chair Sarnoff: All right. Is there a motion? Commissioner Carollo: So move. Chair Sarnoff: Motion by Commissioner Carollo. Love to have a second by Spence [sic]. Commissioner Spence [sic], you second it? Commissioner Spence -Jones: Yes. Chair Sarnoff: Oh, sorry. City of Miami Page 63 Printed nn 4/22/2(713 City Commission Meeting Minutes March 28, 2013 Commissioner Spence -Jones: Second. Chair Sarnoff: Second by Commissioner Spence [sic]. All in favor, please say ltye. " The Commission (Collectively): Aye. Chair Sarnof f: Okay. Thank you very much. [Later...] Chair Sarnoff: All right. I think we have a PZ (Planning & Zoning) item, which was a special time certain, and I know it's with regard to -- Vice Chair Gort: Miami [sic] Center. Chair Sarnoff • Yeah, it is. Vice Chair Gort: Miami [sic] Center. Chair Sarnoff: PZ.1 and 1, CityCentre. So why don't I call PZ.1 and PZ.2. Todd B. Hannon (City Clerk): Excuse me, Chair, before we begin, I believe -- Chair Sarnoff: I'm sorry, you're right. Wait, let me just say this. Would be -- no, you're right, okay. PZ.1 and PZ.2. And I'm sorry, Mr. Clerk, you want to swear them in. Mr. Hannon: Madam City Attorney will begin. Maria J. Chiaro (Deputy City Attorney): PZ 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 to be heard. The members of the City Commission shall disclose any ex parte communications. The appellant or petitioner will then present the request and may waive the right to an evidentiary hearing. The order of presentation shall be as described in the City code. Members of the public will he permitted to speak on certain petitions. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action. Any documents offered to the City Commission that have not been provided seven days before the meeting as part rf the agenda materials will be entered into the record at the City Commission's discretion. Mr. Hannon: Before I administer the oath, will anyone require a Spanish or Creole interpreter? Note for the Record: The City Clerk's comments were translated by Carlos Iglesias, official Spanish interpreter, and Ralph Desmongles, official Creole interpreter. Mr. Hannon: Anyone speaking on today's Planning and Zoning items, if I could have you 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. PZ.1 ORDINANCE Second Reading City of Miami Page 64 Printed nn 4/22/2(713 City Commission Meeting Minutes March 28, 2013 11-00380ap1 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 80,070 SQUARE FEET FOR A TOTAL OF 636,271 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 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): T. 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. City of Miami Page 65 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 *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 CityCentre 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 $1 B, generating over $6M annually in city General Fund Ad Valorem taxes. Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 13369 Chair Sarnoff: All right. PZ.1 and PZ.2 will he part of the same record. Harold Ruck (Planner II): All right. Harold Ruck with the Planning Department. And PZ. 1, PZ.2 are amendments to a special area plan, Brickell CitiCentre. This is on second reading. The first amendment is to amend the special area plan by changing the name of the Brickell CitiCentre SAP (Special Area Plan) to Brickell CityCentre, essentially changing the I"lo a V'bn Citi. "And then further amending special area plan as regulating plan and design guidelines by adding abutting parcels to the north of the current northeast boundary of the Brickell CityCentre SAP project. The second PZ.2 is a second item. It's an amendment to the previously approved development agreement related to the same project. The Planning Department and Zoning Department recommend approval for both items. Planning, Zoning and Appeals Board recommend approval with conditions to the City Commission. Now I understand from the last meeting there were some concerns with the local employment participation and so I would direct the applicant to brief us on status of that. Commissioner Spence -Jones: And Mr. Chairman, I just want to -- before he does it, if you don't mind. Madam City Attorney, I just want to make sure that we disclose and note any communication that may have happened regarding the actual project. Because I want to make sure that it is stated on the record that I did get a chance to meet with Neisen regarding the local employment plan because there was not a plan that was -- actually a physical plan that was in the document. So I just want to make sure that I officially disclose that we had a discussion about making sure that there was a plan included in -- to my understanding, I know on my end, I'm very happy with what the final outcome is on this issue, and I believe that they've already started working along with Lindsay Hopkins or our workforce program in the City of Miami. So I wanted to officially disclose. Neisen Kasdin: Thank you, Mr. Chair -- Chair Sarnoff: Mr. Mayor, you're recognized. Mr. Kasdin: -- members of the Commission. Neisen Kasdin and Spencer Crowley, 1 Southwest 3rd Avenue; Akerman Senterfitt, representing Swire Properties. As I think you know, Mr. Owens, president of Swire properties, is here, as well as Bernardo Fort -Brescia, the architect on the project. You've been presented this project before. I don't think I need to go over it further with you. I think you're all well aware of the project and even the progress of this project as you drive by. As Commissioner Spence -Jones mentioned, she specifically requested that we provide you City of Miami Page 66 Printed nn 4/22/2(713 City Commission Meeting Minutes March 28, 2013 with a local participation and employment plan, which we have done and submitted to the City earlier this week. And also I'd like to express my thanks to Commissioner Spence -Jones for helping us refine and focus it, the plan, so that the outreach is maximized for City of Miami residents. And with that, we'll -- we're available to answer any questions that you may have or make any further presentation if you would like. Chair Sarnoff: Let me open up a public hearing. Anyone from the public wishing to he heard on item PZ1 or PZ.2, the public hearing is now opened. Hearing none and seeing none, coming back to this Commission. Commissioner Suarez: Move it. Chair Sarnoff: The public hearing is now closed. Commissioner Spence -Jones: Second. Chair Sarnoff • We have a motion -- Commissioner Carollo: Second for discussion. Chair Sarnoff: -- by Commissioner Suarez, a second by Commissioner Spence -Jones. Commissioner Carollo, you're recognized for the record. Commissioner Carollo: Thank you, Mr. Chairman. And first of all, I'd like to begin by saying that I think we all have stated in one form or another how, you know, this is something that's very good for our City of Miami, and once again, it's good to see the cranes going up and growing additional revenues that the City will he obtaining. I do want to mention one concern that 1 have. As early as this week, 1 met with a few residents and they were concerned about the traffic, especially the additional traffic that's starting to come from Brickell area into the neighborhoods. So although I know this is a great project, adding to it, I wanted to know has there been any additional traffic studies? Can you elaborate with regards to that? Mr. Kasdin: Certainly. And just to -- we did present this actually last time as well, but just to recapitulate. Taking a step back, this whole project was designed -- 1 think you heard from Steve Owens -- a year and a half ago -- the president of Swire Properties -- saying to minimize traffic impacts on Brickell Avenue. And so the first thing that this project does is instead of having traffic that's corning from the west go all the way to Brickell or traffic that's going -- rather, that's going east go all the way to Brickell or traffic that's going west or have to go on Brickell, there's internal circulation throughout the three and a half blocks of the project, including the three blocks of underground parking and circulation. All of the loading is internal and interior to the project with internal loading bays that also, follows that route as well. So it is -- maximized the removal of traffic, keeping it away from Brickell Avenue. With respect to this north square as it is called, the addition as well, we had demonstrated to you that the -- again, the loading and -- it will connect to the underground parking so therefore allow various routes out of the project, again, without vehicles having to go to Brickell Avenue. The same with the loading, the loading is internal. There's an internal loading bay, and that is entered off of 6th Street on the addition to the project. And again, the trucks that are exiting have the ability to go west and will be directed to go west, actually, so that they will again not enter the Brickell Avenue area. So this project is actually the model in terms of internalizing traffic circulation and keeping it away from Brickell Avenue. Commissioner Carollo: Right, and that's exactly my point. And you stated as far as going west, it's going west on what street into the neighborhoods in the Coral Way area, the Roads, Shenandoah? City of Miami Page 67 Printed nn 4/22/2(713 City Commission Meeting Minutes March 28, 2013 Mr. Kasdin: No, no. If -- Commissioner Carollo: So when you say west, what do you mean west? Because that's exactly -- that's -- and I'm telling you, 1 had a roomful of residents, and the issue, like 1 said, was traffic and -- especially traffic coming from the Brickell area west towards all the neighbors -- all the neighborhoods. Mr. Kasdin: Well, it won't go that far west because of traffic -- if people are coming off of 95, they will, you know, be exiting towards the east. And as traffic goes west, it will get onto 95 before it goes over towards where Coral Way is. So this should have no impact whatsoever on those neighborhoods and it keeps it in a pretty tight circulation pattern from 95 east to just west of Brickell Avenue. So it's keeping it off of Brickell and it's keeping it from going west of 95. Commissioner Carollo: So what you're saving is according to your studies is that the traffic going west will not continue past I-95 into the neighborhoods? You feel that they will go -- according to your studies, that it will go into 1-95 and dissipate --? Mr. Kasdin: Well, I don't have the studies before me, but I can tell you that the vast majority of the traffic will be corning to or from, you know, 95; will not be coming from west of 95 or from Coral Way. I mean, I'm sure there will be some traffic coming from Coral Way and going to Coral Way, hut most of it -- the large majority of it will not. Commissioner Carollo: So you -- well, right now it's happening. There's bottlenecking during rush hour, that we still call it rush hour, on 3rd Avenue and that turn into Coral Way. There's bottlenecking, you know, for quite a few blocks. And what you're saying is that you believe, according to your plans or studies, traffic studies, that this will not cause any additional traffic to that area because prior to reaching that area, it would -- the traffic will go to I-95? Mr. Kasdin: Well, 3rd -- I mean, 3rd Avenue east of 95 where the traffic makes a left turn to go onto 95 -- Commissioner Carollo: Right. Mr. Kasdin: -- 1 believe -- and I'd ask -- Spencer Crowley may know better than 1-- that FDOT (Florida Department of Transportation) is looking at improvements to that intersection as well to facilitate the entrance of traffic onto 95. Commissioner Carollo: Right, I understand that, but you know, this is an additional parcel to a very hig project. And once again, I'm in favor of the project. You know, I've already stated all the good things. But at the same time, 1 want to see with regards to a concern that a lot of the residents have been, you know -- and I think rightly so -- coining to me to speak about, so I want to see if, yeah, he would put something in the record with regards to the traffic and with this additional amendment of additional parcel. Mr. Kasdin: I mean, we can show you the routing of the traffic out of the project and how it disperses and particularly stays off of the main streets and gets to 95 pretty quickly. And, Spencer, you have anything to add with regard to the (UNINTELLIGIBLE) intersection? Spencer Crowley: Good afternoon, Commissioners. Spencer Crowley. I can confirm the traffic studies show significant dissipation of traffic at 95 and 7th Street and the traffic flowing south on Brickell down to Brickell Avenue and north. There's not a significant impact to traffic in the Coral Way area. I live in that neighborhood and it's -- 1 looked and there's not expected to be a significant impact. Also, remember; this project is tied directly into the Metromover station in a way that really no other project in the City is. So in addition to the internalization that Nelsen spoke about, there's going to be significant opportunities for public transit and people to access City of Miami Page 68 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 the site and get out of the site using the public transportation system, Metromover, so -- Commissioner Carnllo: Yeah, and I'm quite aware of that area. And, unfortunately, right now we haven't evolved where most residents use public transportation, and I think we're revolving where more and more people, especially in downtown Brickell area, will he using public transportation. But in the meantime, you know, we do have -- you know, everybody loves their cars here in Florida and I know there's been a lot of pushffir even carpooling, which still, I think, doesn't happen but -- Mr. Kasdin: Commissioner, just to also give you some further comfort. This is actually a great improvement over the MUSP (Major Use Special Permit) that was originally approved for the original Brickell CityCentre site, which did not have internal circulation and traffic then that was exiting would have to go out to Brickell Avenue to come back to go west again. With respect to this additional parcel, I would suggest that developing it as a part of this overall complex will create the most minimum parking impact possible because instead of it being a standalone building, which would rely on traffic exiting and entering from not an interior loading courtyard either but onto 5th Street and 6th Street and going to Brickell, here it's integrated with the rest of the project and so, for instance, people who are coming in their cars will he able to use the internal circulation system rather than city streets to get pointed in the direction they want to go in and, similarly, because of this -- the nature of this project, although loading is internalized as well. So this is, quite frankly, the ideal situation in terms of traffic circulation rather than what would be the condition if an independent building was put on that site. Vice Chair Gort: Mr. Chairman. Chair Sarnof f: You're recognized. Vice Chair Gort: Listen, let me tell you what the problem is. And we all know Swire Property [sic] and we're very proud to have them being part of this community and they always comply with the promise. The problem we have right now is construction. And any time you have construction and people come out of Brickell area, they take South Miami Avenue to 7th Street and they go west on 7th Street to get on the I-95. I changed my route. Igo on Miami Avenue and get the -- on 1-95 through downtown Miami; makes it a lot easy. The problem you have -- and I don't know about the construction, but you have a lot of concrete trucks that I imagine has got to he there going constantly during peak hours, coming in and coining out. That stops the traffic both on 7th Street and 2nd Avenue. That's where the bottleneck comes up. Then what happens also, a lot of the people who using those routes before now they changing to Coral Way. So I think this is something that has happened during the construction. I don't think it's something that's going to maintain because according to the plans thatl read, you have the circulation going very well and everything within the code. So maybe if we can -- you got a lot of police working with you all there. You can come up with a traffic study for now, for the construction purpose. And maybe -- I don't know if you can or not -- take the trucks off during peak hours. Mr. Kasdin: We do have a maintenance of traffic plan now, hut also, let me give you this assurance and put this on the record, that we will be. further developing a -- what we call a safety plan, which will include traffic. And that will he developed by the general contractor picked to do the vertical portion of the project, and a construction management plan which will be a part of it, which we will share with the City. We understand -- you know Swire's reputation for wanting to do things the right way and we make that represent -- that will he included in the construction plan. Vice Chair Gort: But I think that's the impact that you receiving from the neighbors now, seeing that traffic bottleneck. City of Miami Page 69 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 Mr. Kasdin: Right. There are also -- and I guess the good news is there are also a lot of other construction projects other than Swires -- Vice Chair Gort: Right. There's quite a few of them. Mr. Kasdin: -- that's taking place. Chair Sarnoff: All right. Anyone else? Commissioner Suarez: Call the question. Chair Sarnoff: It is, Madam City -- Vice Chair Gort: Ordinance. Chair Sarnoff: Did 1 close the public hearing? 1 did. Todd B. Hannon (City Clerk): Yes, sir. Vice Chair Gort: Ordinance. Chair Sarnoff: We have a motion and a second, right? Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. 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 second reading, 5-0. PZ.2 ORDINANCE Second 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 CITYCENTRE SAP ("BCC 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-O 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 City of Miami Page 70 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 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 ("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 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 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 Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 13370 Commissioner Suarez: Move PZ.2. Chair Sarnoff: PZ.2, we have a motion -- Commissioner Spence -Jones: Second. Chair Sarnoff: -- by Commissioner Suarez, second by Commissioner Spence -Jones. The public hearing has been opened and closed for this one as well. Any discussion? Hearing no discussion, Madam City Attorney, it's 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.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 5-0. City nfMiarni Page 71 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Chair Sarnof f: Thank you. Neisen Kasdin: Thank you very much. PZ.3 RESOLUTION 12-01263ac A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE AN ALLEY LOCATED BETWEEN SOUTHWEST 42ND AVENUE, SOUTHWEST 7TH STREET, SOUTHWEST 43RD AVENUE AND SOUTHWEST 8TH STREET, MIAMI, FLORIDA. 12-01263ac CC 03-28-13 Fact Sheet.pdf 12-01263 Department Analyses & Color Maps.pdf 12-01263 Application & Supporting Documents.pdf 12-01263 CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately Between SW 42nd Avenue, SW 7th Street, SW 43rd Avenue and SW 8th Street [Commissioner Francis Suarez - District 4] APPELLANT(S): Ines Marrero-Priegues, Esquire, on behalf of AA/Miami Group LTD FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PUBLIC WORKS DEPARTMENT: Recommends approval. PLAT AND STREET COMMITTEE: Recommends approval on June 7, 2012 by a vote of 6-0. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on February 20, 2013 by a vote of 11-0. PURPOSE: This will allow a development site for the already -existing auto car dealer. Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0131 Chair Sarnoff All right. So now we are on district items and I'll just go through D -- let's go to Commissioner Carollo 'cause I think it's you. It's D3.2. Commissioner Carollo: Give me a second. Let me -- Chair Sarnoff.' No rush. Oh, wait, wait. I -- yeah, we should go through district items before we get to -- Commissioner Spence -Jones: We completed the PZ (Planning & Zoning) items? Chair Sarnoff: We didn't complete PZ. I think we have -- City nfMiarni Page 72 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Commissioner Spence -Jones: You don't want to get them out of -- well -- Chair Sarnoff Could. Commissioner Spence -Jones: How many do you have? Chair Sarnoff: We have three -- Commissioner Spence -Jones: You'll he finished with it at least. Chair Sarnoff • Okay, let's go to PZ.3. Harold Ruck (Planner 11): Hello. Harold Ruck, with the Planning Department. PZ.3 is a resolution for an alley closure between Southwest 42nd Avenue, Southwest 7th Street, Southwest 43rdAvenue, and Southwest 8th Street. This will allow a unified development site for the already existing auto car dealer, Anthony Abraham. The Planning Zoning Department recommend approval, Public Works Department recommended approval, and the Plat and Street Committee recommends approval. Planning, Zoning and Appeals Board recommended approval. Thank you. Chair Sarnoff: All right. Commissioner Suarez: Illove it. Chair Sarnoff: We have a motion by Commissioner Suarez -- Commissioner Spence -Jones: Second. Vice Chair Gort: Second. Chair Sarnoff: -- second simultaneous by Commissioner Spence -Jones and Carollo. This is a public hearing. Anyone wishing to he heard on PZ.3, please step up. Hearing none, seeing none, coming hack to this Commission. Any discussion? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnoff: And you get to go back and tell your client just the same. Ines Marrero-Priegues: Correct. Thank you very much. PZ.4 ORDINANCE 12-011801u1 Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF 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 City of Miami Page 73 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 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 04-25-13 Fact Sheet.pdf 12-011801u1 Analysis, Maps, Sch. Brd. Concurrency & PZAB Reso.pdf 12-011801u1 CC Legislation (Version 2).pdf 12-011801u1 ExhibitA.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 Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Carollo and Spence -Jones Absent: 2 - Commissioner(s) Gort and Suarez PZ.5 ORDINANCE Second Reading 12-01180zcl 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 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 City nfMiarni Page 74 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 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 04-25-13 Fact Sheet.pdf 12-01180zcl Analysis, Maps, Sch. Brd. Concurrency & PZAB Reso.pdf 12-01180zcl Fully -Executed CC Legis. (Ver. 2).pdf 12-01180zc1 Exhibit A.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 Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Carollo and Spence -Jones Absent: 2 - Commissioner(s) Gort and Suarez PZ.6 ORDINANCE Second Reading 12-01180Iu2 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 THE EXPEDITED STATE REVIEW PROCESS, SUBJECT TO §163.3184(3), FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF SELECTED PROPERTIES LOCATED AT APPROXIMATELY THE EAST SIDE OF VIRGINIA KEY, MIAMI, FLORIDA, FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES" AND City nfMiarni Page 75 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 "CONSERVATION" TO "PUBLIC PARKS AND RECREATION", AS DEPICTED IN ATTACHED "EXHIBIT A"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-011801u2 CC 03-28-13 Fact Sheet.pdf 12-011801u2 Analysis, Color Maps & PZAB Reso.pdf 12-011801u2 Agency Letters.pdf 12-011801u2 CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately the East Side of Virginia Key [Commissioner Marc David Sarnoff - District 2] 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 19, 2012 by a vote of 8-3. See companion File ID 12-01180zc2. PURPOSE: This will change the above location from "Major Institutional, Public Facilities, Transportation, Utilities" and "Conservation" to "Public Parks and Recreation". Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez 13371 Chair Sarnoff: PZ.6. Tice Chair Gort: I'm sorry. I wasn't here. All this were deferred? Commissioner Spence -Jones: Yeah. Chair Sarnoff: PZ.4, 5 -- 4 and 5 were deferred. Harold Ruck (Planner II, Planning Department): And then 9, 10, 11, and 12 were deferred. Chair Sarnoff Nine, ten, eleven, and twelve are also deferred. Mr. Ruck: Deferred. Commissioner Spence -Jones: Yeah. Chair Sarnoff But lthink PZ.6, PZ.7, and PZ.8 -- Mr. Ruck: Yes. Chair Sarnoff: -- are still there. And PZ.6 and PZ.7 should come back -- should be companion items. City nfMiatni Page 76 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Mr. Ruck: Correct. I mean, I can go through -- PZ.6 and PZ.7 are second reading for a land -use and zoning change on the east side of Virginia Key. This item will change the area from major institutional and conservation to public parks and recreation, for the land use and, from T 1 and CI (Civic Institution) to CS 'Or the zoning. Planning & Zoning recommended approval and -- on both items and Planning, Zoning and Appeals Board recommend approval. Vice Chair Gort: Move it. Chair Sarnoff: All right, we have a -- Commissioner Spence -Jones: Second. Chair Sarnoff: -- motion by Commissioner -- Commissioner Carollo: Second. Chair Sarnoff.' -- Gort, second by Commissioner Carollo. Public hearing. Anybody wishing to be heard on PZ.6 and PZ.7? I'll be opening up a public hearing on both. Hearing none, seeing none, coming back to this Commission. PZ.6 is an ordinance, Madam City Attorney. 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.6. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 3-0. PZ.7 ORDINANCE 12-01180zc2 Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, BY CHANGING THE ZONING CLASSIFICATION FROM "CI" CIVIC INSTITUTION ZONE AND "T1" NATURAL ZONE TO "CS" CIVIC SPACE ZONE, FOR SELECTED PROPERTIES LOCATED AT APPROXIMATELY THE EAST SIDE OF VIRGINIA KEY, MIAMI, FLORIDA; AS DEPICTED IN ATTACHED "EXHIBIT A"; FURTHER, THE PLANNING AND ZONING DEPARTMENT HAVING CONDUCTED A BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS, PURSUANT TO SECTION 7.1.2.8.6.2, HAS FOUND THE CHANGE TO BE APPROPRIATE AND CONSISTENT WITH THE DEVELOPMENT DIRECTION OF THE CITY OF MIAMI'S NEIGHBORHOODS, THE RESULTING ZONING CHANGE 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 BACK, 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 City nfMiarni Page 77 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, FUTURE LAND USE MAP; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-01180zc2 CC 03-28-13 Fact Sheet.pdf 12-01180zc2 Analysis, Color Maps & PZAB Reso.pdf 12-01180zc2 Fully -Executed CC Legis. (Ver. 2) & Exhibit.pdf LOCATION: Approximately the East Side of Virginia Key [Commissioner Marc David Sarnoff - District 2] 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 19, 2012 by a vote of 8-3. See companion File ID 12-011801u2. PURPOSE: This will change the above location from "T1" and "Cl" to "CS". 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 13372 Chair Sarnoff.• All right, PZ.7. PZ.8, excuse me. Harold Ruck (Planner II, Planning Department): PZ.8. Todd B. Hannon (City Clerk): We need to take a vote on PZ.7, sir. Chair Sarnoff.• Oh, I apologize. Victoria Mendez (Assistant City Attorney): Correct. I'm going to read the title of the ordinance, Mr. Chairman. Mr. Hannon: Correct. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Chair Sarnoff: All right. We have a motion nn this? Vice Chair Gort: Yes. Move it. Chair Sarnoff' We have a second, Commissioner Spence -Jones? Commissioner Spence -Jones: Second. Chair Sarnoff.• We have a second. All -- Mr. Hannon: Roll call on item PZ.7. City of Miami Page 78 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 A roll call leas taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 3-0. PZ.8 ORDINANCE Second Reading 13-00002zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING 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 Spence -Jones, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Spence -Jones Noes: 1 - Commissioner(s) Sarnoff Absent: 1 - Commissioner(s) Carollo 13373 Chair Sarnoff: All right, PZ.8. Harold Ruck (Planner II, Planning Department): All right, PZ.8's on second reading. It's a text amendment to the zoning code, Miami 21. This will give affordable housing developments the ability to waive, by waiver, setbacks requirements above the 8th floor to provide additional design flexibility for the projects. The Planning & Zoning Department recommended approval and Planning, Zoning and Appeals Board recommended approval as well. Chair Sarnoff: Motion by Commissioner Spence -Jones -- Tice Chair Gort: Second. City nfMiarni Page 79 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Chair Sarnoff: -- second by Commissioner Gort. This is a public hearing. Anybody wishing to be heard on PZ.8, please step up. Hearing none, seeing none, coming hack to this Commission. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Chair Sarnoff: Before you do roll call, I just want the other Commissioners to know -- I don't want them to he surprised -- I'm not going to support this. I do support the intention behind this, but 1 think it could have been coupled and shared with what the building would look like aesthetically on the outside because I don't think any affordable housing project should look like an affordable housing project. Having said that, I sat with the Administration; I tried to reconcile our differences. I couldn't do so, so I just -- I don't want you being surprised. I think the last time I caught you by surprise; I wasn't supporting it. I'm in favor of the envelope 'cause you're essentially giving them, instead of a Miami 21 building an 11000 building. You're not requiring the cape, if you will. But 1 think, in return for that, they could have given you a different exterior skin and exterior design. Administration says they disagree with me on that. That's perfectly fine. But I just want to go on the record why it is I don't support this 'cause I think we could have tweaked it so that we could have had the buildings look identical to any other building, andl think it would have been a better design for the City. Commissioner Spence -Jones: Well, then that means the item will die 'cause I'm not sure if Commissioner Suarez is -- Commissioner Suarez: Right here. Chair Sarnoff Well, it'd he 2-1 so. Vice Chair Gort: Let me address that. The Miami 21 is a great concept, but I think it would he even better if it would have been in open spaces where there was no (UNINTELLIGIBLE) build. And my experience was we inaugurated a building in Allapattah the other day. It was utilizing the Miami 21 form, which the building had to he upfront, all the cars in the hack. And the way -- it doesn't look anything like the whole block. It's completely different fOr the whole block. I mean, this sits right in the middle. Well, you got residentials. They're all completely -- it doesn't agree with the neighborhood. So that's why I think sometimes you need to make some changes or some amendments. Chair Sarnoff: And I'm not disputing that, Commissioner. What I'm suggesting is because you're giving a developer a much. larger envelope than any other developer would have in a market rate building, that they could give something in return too, which is a different skin. Now, the Administration thinks that it can be addressed internally. You know, I think it works as long as you have a Francisco Garcia in there, but I don't know who proceeds [sic] Francisco Garcia. And I think, in return for the larger building envelope you're giving, that this City could afford a better exterior skin. Commissioner Suarez: Did it -- has it been moved and seconded? Vice Chair Gort: Yes. Commissioner Suarez: Okay, I'm ready to vote. Todd B. Hannon (City Clerk): Roll call on item PZ.8. Commissioner Suarez? Commissioner Suarez: Yes. City of Miami Page 80 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 Mr. Hannon: Vice Chair Gort? Vice Chair Gort: Yes. Mr. Hannon: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Mr. Hannon: Chair Sarnoff? Chair Sarnoff • No. Mr. Hannon: The ordinance passes on second reading, 3-1. Chair Sarnoff Okay, P -- now we're up to the district code of issues, and Commissioner -- why don't we go to you, Commissioner Gort. D4 (District 4). Vice Chair Gort: I don't have any. Commissioner Suarez: Are we done with all the PZs (Planning & Zonings)? Chair Sarnoff: We did -- we actually did that. Commissioner Suarez: Mr. Chair, could I --? Chair Sarnoff: I'm sorry. D5 (District 5). Commissioner Suarez: Mr. Chair, can 1 have a point of privilege? Chair Sarnoff. Sure. Commissioner Suarez: Because I didn't really explain my vote in the last item so I would like to just give a real quick, real brief explanation. Chair Sarnoff • Go. Commissioner Suarez: Okay. So, basically, two things real quick. One is obviously, you know I've been, you know, the biggest proponent of affordable housing. And I think, you know, under Miami 21, it doesn't really differentiate., like under 11000, the deed properties that would give affordable housing developers an incentive to build so -- but 1 do -- 1 did want to circle back with you 'cause you did something today that was bring a two-year process to close, and I wanted you to know that. When I brought the affordable housing piece of legislation, I did tell you there was going to be a mixed -use -- mixed income component, and I don't know if you remember that. And I should be, God willing, in the next few Commission meetings, bringing a mixed income amendment. It's not a large one. It's just something that does a little hit more so that we have -- and we have a mixed income project that may be coming to your district. So it's exciting -- at least it's exciting for me, and I think it's exciting far you to see a building that will have market rate housing, 60 percent AMI (Area Median Income) and 30 percent AMI all in the same building, which is -- I think will be the first building in the City of Miami that does that. So Ijust want you to know that your vision for mixed income is being realized, and I'm going to, you know, commit to closing that loop and getting that portion of it done as well. Chair Sarnoff • Thank you. I think that -- everyone else in America does it that way, except for us, so thank you. PZ.9 ORDINANCE First Reading City of Miami Page 81 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 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. 06-006131u1 CC 04-25-13 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 Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Carollo and Spence -Jones Absent: 2 - Commissioner(s) Gort and Suarez PZ.10 ORDINANCE First Reading 06-00613zcl 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 82 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 06-00613zc1 CC 04-25-13 Fact Sheet.pdf 06-00613zcl Analysis, Maps & Zoning Referral.pdf 06-00613zc1 Pictures.pdf 06-00613zcl PZAB Reso.pdf 06-00613zc1 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 Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Carollo and Spence -Jones Absent: 2 - Commissioner(s) Gort and Suarez PZ.11 ORDINANCE First Reading 06-006131u AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10TH STREET, MIAMI, FLORIDA, FROM "PUBLIC PARKS AND RECREATION" WITH AN "URBAN CENTRAL BUSINESS DISTRICT" ("UCBD") OVERLAY TO "RESTRICTED COMMERCIAL" WITH A "UCBD" OVERLAY; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-006131u CC 04-25-13 Fact Sheet.pdf 06-006131u Analysis & Maps.pdf 06-006131u PZAB Reso.pdf 06-006131u Application & Supporting Documentation.pdf 06-006131u CC Legislation (Version 5) & 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, City of Miami Page 83 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 and the City of Miami, A Municipal Corporation. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on January 16, 2013 by a vote of 10-0. See companion File ID 06-00613zc and related File IDs 06-006131u1 and 06-00613zc1. PURPOSE: This will change the above property from "Public Parks and Recreation" with a "UCBD" Overlay to "Restricted Commercial' with a "UCBD" Overlay. Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Carollo and Spence -Jones Absent: 2 - Commissioner(s) Gort and Suarez PZ.12 ORDINANCE First Reading 06-00613zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "CS" CIVIC SPACE ZONE TO "T6-48B-O" URBAN CORE ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-0061 3zc CC 04-25-13 Fact Sheet.pdf 06-00613zc Analysis, Maps & Zoning Referral.pdf 06-0061 3zc PZAB Reso.pdf 06-0061 3zc Application & 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 IDs 06-006131u1 and 06-00613zc1. PURPOSE: This will change the above property from "CS" to "T6-48B-O". Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Carollo and Spence -Jones Absent: 2 - Commissioner(s) Gort and Suarez City of Miami Page 84 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 D2.1 13-00285 D2.2 13-00225 (D2.2) 13-00225a 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 END OF DISTRICT 1 DISTRICT 2 CHAIR MARC DAVID SARNOFF DISCUSSION ITEM CITY'S FAILURE TO HANDLE CODE ENFORCEMENT AND RIGHT-OF-WAY ISSUES IN DOWNTOWN. 13-00285 Email - City's Failure to Handle - Issues in Dwntwn.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez Note for the Record: Item D2.1 was deferred to the April 11, 2013 Commission Meeting. DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 13-00225 Status - Hiring Police Officers.pdf 13-00225-Submittal-Memo-MPD Staffing Levels 03-12-13.pdf 13-00225-Submittal-Commissioner Sarnoff.pdf DISCUSSED Direction by Vice Chair Gort to the Administration for the Police Chief to provide the City Commission with a statistical analysis of. crime rates in high density areas, such as the Health District, Downtown Miami, and Coconut Grove, which will also include the number of t ffcers that cover those areas. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), URGING THE DEPARTMENT OF JUSTICE TO APPROVE City of Miami Page 85 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 THE REQUEST BY THE CITY OF MIAMI POLICE DEPARTMENT TO HIRE FIFTY (50) CERTIFIED LAW ENFORCEMENT OFFICERS AND TO CONSIDER THE MARCH 12, 2013 MEMORANDUM BY CHIEF OF POLICE MANUEL OROSA, ATTACHED AND INCORPORATED, REGARDING STAFFING LEVELS THAT NEED TO BE ADDRESSED AS EXPEDITIOUSLY AS POSSIBLE. 13-00225a Exhibit.pdf Motion by Chair Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gott, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0133 Chair Sarnoff I'm going to proceed for ward with one of my blue pages. I may sound like a broken record on the subject. However, new information has alighted, and it is regarding the staffing of the police. So I'm going to ask the chief of police to come up. I did send to you all last night a memo, or at least an e-mail (electronic) that sent to the chief of police. And there was a newspaper article this morning -- 1 don't know if you all had the opportunity to read it -- concerning the Administration's intent on proceeding forward. And I'm just going to make some statements. I met with the chief this morning, and I want to make this very, very clear to everybody. I categorically support this chief: I may have different opinions than this chief: He is a professional in policing; I am not. But do know how to read statistics, and do know how to see how other cities that we aspire to be or think that we're ahead of have police departments shillings that are significantly more robust than the City of Miami. And what l sent to you in the -- by e-mail last night -- and I apologize, for the lateness of it, but I actually drafted it yesterday -- was to show where we fit in with the cities that we choose to compare ourselves with, which is the top ten cities in America, excluding for some reason, Chicago, but including Jacksonville. And we are a pale comparison in staffing to any of those cities. And what mean by that pale is, if -- as the chief does, and he considers all the swelling of daytime population in the City of Miami from the normal day in and day outs to the special events, that at times the City of Miami is staffed as low as 1.5 police officers per thousand. By comparison, Philadelphia is 4.3; Baltimore, 4.7. I'm saving this to Commissioner Spence -Jones. Atlanta, which started out just 15 years ago at 1.9, is up to 4. Interestingly enough, that we are not staffed adequately for violent crimes and we're not staffed adequately for property crimes. And the numbers are really skewed when you see that the top ten cities staff themselves for property cringes at a 1 to 4 ratio, but the City of Miami staffs itself at a 1 to 24 ratio. 1 think what you're beginning to see is a gap. And let me say this to my Commissioners. I think it took a lot of courage for this chief of police to do this because I had asked something similar of John Timonev, I'd asked something similar of Miguel Exposito. And like the good soldiers that chief of police tend to he, they're never going to demonstrate an inadequate situation. So I give Chief Orosa a lot of commendation, ifvou will, for having the fortitude to say this. And you know, just to give you an example, we like to say a lot of times that we're just like the city of New York, or we're becoming the New York of the south, or we're better than New York City in the south. But New York City, to have a 4 to 1 ratio, would have to employ 12,802 officers. That's the ratio that we aspire to, 4 to 1. Instead, New York City employs 34,452 officers to get to their ratio. So just to get to the 4 to 1, they'd have to employ 12,000, but instead, they employ 34,000. Now, as we all know, the chief in response to violence that is not restricted to the City ofMiami, that is certainly a North Dade issue, has taken a number of problem -solving team members up to that area and, justifiably and understandably, has staffed them to the north. I've taken the analysis -- and even if you accept what the chief says in his memo and we were to grow in strength to 1,360 police officers, bearing in mind we are at 1,082 right now, staffed -- although allocated for 1,144 -- even if we were to go to the aspirational goal of Chief Orosa of 1,360 whenever this Commission determined it prudent to give that kind of quantity of dollars to do so, we will grow to 3.2 officers per thousand, leaving City of Miami Page 86 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 us out of the top ten cities that I often hear other Commissioners say we are the hest city in the United States. But we're certainly not even in the top ten when it comes to staffing of police personnel. I could give you various statistics that would demonstrate that staffing nfpnlice saves in terms of crimes and what the crimes cost the city, cost the state, cost the state attorney's office. I happen to believe an ounce of prevention is worth a pound of cure. Whether that still holds true in policing, Chief, I would have to defer to you. But what I found today is we're on a course to staff up to the 1,244 --I'm sorry, 1,144 number, which is what we have allocated as a Commission, I think, since my third year of being here, 'cause I think the third year I was here, we had gotten to the 1,144 number in allocation. Never made that number, by the way. We have never been at 1,144 in strength. I was told today that by June, we should hit the 1,144 number for the, first time in our history. However, at the 1,144 number, we're still at that 1.7 or 1.5 number, depending upon the statistic the chief uses. If we get to the chiefs number of 1,360, the best we can forecast is 3.2 officers per thousand, and that would still not put us in the category of the top ten cities in America. Look, I'm just putting this out there. Two things: one, I think as a result of a surge -- andl know the chiefs not going to call it a surge, hut I'm going to call it that -- that he is employing in the north district, 1 think we should go to 50 -- 1 think we should immediately hire 50 certified officers. He doesn't agree with that statement, and I understand that. Further, I still suggest to each Commissioner that -- and I'm saying this now because it's going to have to be a strategy employed to get the 300 officers within the next three years 'cause you all know you're going to have people retiring, you're going to have people leaving. So just to get to those 300 additional officers that I'm proposing or the 250 or 240 the chief is proposing is going to take a strategy to backfill the 300 officers that will leave. 1 think they're doing their jab to some degree. I'm continuing -- and Ion not going to hold the mike much longer, and I apologize for being this long -- but I continue to say to each one ofyou, if we're going to strategize to get Miami into the threes -- and I think we belong in the fours -- because my number will not get us into the fours. My number will get us to 3.7 to 3.8. You're still not even going to make the top ten cities in America. I'm going to say to each one of ,you, I think our DNA (Deoxyribonucleic Acid) is the same as a Baltimore person, as a New Yorker, as a Philadelphian or an Atlantan. I think we bleed just like them. I think we party just like them. I think we laugh just like them, but we don't staff just like them. Commissioner Gort. Vice Chair Gort: Since we're talking about statistics, I'd like to get some more information also. We're talking about the 'X" amount of police per population. I'd like for you to give me the report -- the crime report -- and I know we have to be proactive instead of reactive. 1 know there's a lot of areas in our neighborhoods that we need to put more enforcement. But my question is, the Health District, it's at all time, over 40,000 people in there. Downtown Miami, you have at least about the same amount of people there. Also, let's talk about some of the other neighborhood, like, maybe Coconut Grove, where there's a high density of tourists and all that. I avant the crime statistics of those area and how many police officers cover that area. Thank you. Commissioner Spence -Jones: I just -- there's a couple things that 'just want to be very clear on. And I know one particular -- this particular item, I -- actually ties into my discussion on my blue pages as well. But Mr. Chairman, I guess I'm trying to understand -- because I think every single Commissioner up here has expressed already that we know that we need more officers. I mean, I don't think that neither -- no one up here has said that this is not a priority for us to address the issue. And 1 know 1 scream. it almost every other meeting because, quite, frankly, nay district is the one that's plagued the most, Little Haiti, Liberty City, Overtown, Wynwood. I mean, if we're talking about gun violence and, you know, violent activities, they take place in my district. So I know that I have been, you know, ranting on this issue for God knows how long. So I guess what I'm trying to understand in this discussion like, what is the clog in the drain? Is it the issue or the concern --? Now I know -- now the Chairman is saying let's get 50 moving really, really quickly. And in order to do that, they must be -- maybe, perhaps a quicker way to do it is to do certified officers, you know. Is that what the discussion is? Is that the --? Chair Sarnoff: Yes. City of Miami Page 87 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Commissioner Spence -Jones: And then, Chief, please put something on the record so that I can fully understand what your concern is about getting 50 certified officers on hoard immediately. Because we can't make the assumption that everybody sitting here understands the difference of opinions an it. And definitely, I knave the public has to he confused watching it 'cause Tin confused hearing this discussion myself So, please, make it clear to me as to why -- 'cause all of us have said hire the officers immediately. We've already said that. We've said that ten times already. So now -- the Chairman is now taking it up to another level and saying, All right, if we can't hire them immediately, at least let's get 50 certified ones. Can you explain your difference of opinion on the 50 certified officers and why you do have a concern about doing that so at least we all understand it? And then I have one more question regarding this issue. Manuel Orosa (Chief of Police): I do not have any difference of opinion. IfI could get 300 officers overnight, I would kiss all of you, but the issue is simple. The issue is we cannot hire certified alone without approval ofDOJ (DepartmentofJustice). DOJ already has said that we've hired enough certified; we need to open it up to everybody, which 1 don't see a problem with that. The other issue is the amount that we need to get on board. Commissioner Sarnoff would like to have 300 overnight. That will probably break the budget. Commissioner Spence -Jones: Right. Chief Orosa: And the Manager would like to do it in steps of 33, 40, whatever. I think the discussion today is let's reach a number that we can do safely without hurting the budget and move on that number, and then the following year, we can have the same discussion and move on more. And fallowing that, we can achieve, I believe, what Commissioner Sarnoff wants to do. It's just a matter of the powers to he here determine what is the correct number in relationship to the hudget. Commissioner Spence -Jones: Okay, let me just be clear. I think the powers to be sitting on the dais agree that we need to get the officers in. I mean, there's no question, no doubt about that, you know. And if the issue is 50 certified officers, which means we would be able to move them along a lot quickly, you know, which is what the Chairman is suggesting, the reason we can't do that, however, is because of Dal It's not a sanction. It's not something that we placed on ourselves to say we can't do it. It's something that the Department of Justice has said we can't do, correct? Chief Orosa: Correct. They would like for us to hire anybody that applies and passes everything, whether they're certified or not, and -- Commissioner Spence -Jones: But the reason that we're there -- because 1 think that a lot of times v'e have these discussions and we miss the pertinent information in between. The reason why DOJ is at this point -- has sanctioned us or has created this situation for us is because of what? Chief Orosa: In 1977, DOJ came down and said that the entire City, not only the police department, was discriminating against blacks and Hispanics. Slowly, hut surely, the City has worked its way out of the DOJ consent decree to every single position, except police lieutenant and police officer. DOJ now says that we still have a little problem with females, ladies, that we're not hiring as many as we should, so -- Commissioner Spence -Jones: So you know I'm going to agree with that, but go ahead. Chief Orosa: Okay. -- we're at that paint now. When I first took aver, we needed policemen, and I spoke to the lady -- the attorney in charge of our case in DOJ and I begged for her to allow us to hire certified, and she allowed us to. City of Miami Page 88 Printed nn 4/22/2(713 City Commission Meeting Minutes March 28, 2013 Commissioner Spence -Jones: Okay. Chief Ornsa: And we had reached a consensus that once the current list of certifieds was exhausted, that they did not want us to just hire certified, to open it up to everybody, and that's where we're at now. We're an a list that anybody can apply, whether you're certified or not. Once we do the background and we're ready to hire you, if you're certified, we hire you. If you're not, then we'll put you through the police academy, and that's the situation right now, and that's what we're moving forward with. So I wouldn't get involved whether they're certified or not. I would just get involved as to how many cops will the budget allow us to hire above the 1,144 that we have the money, for in the budget. Commissioner Spence -Jones: I got you. All right, and so I -- and I guess, Mr. Chairman, you're just trying to -- is it -- is the purpose of this discussion to flush out amongst your fellow colleagues and with management clarity on can we do 50 officers right now? Do we have the financial capacity to do that? Is that what you're Irving to flush out in this discussion? Chair Sarnoff • No. I'm trying to cajole an administrative action by legislative resolve. Commissioner Spence -Jones: Okay. Chair Sarnoff: And I want to hear that the Chief, through either Diana Vizcaino or through Armando Jr. or through the Chief himself, has put DOJon notice ofjust how far behind Miami is with regard to staffing of police officers, so that when they say you can't hire a certified officer, that the federal government is on notice that this is the lowest staffed city of any city in the United States of over 100,000 residents. I want them to be -- I want them to say even though you're so low staffed, I still want to hold your feet to the fire and go through the academy way of doing things. And I don't think the Chief has done that 'cause I think his memo is too new. I think he may have said information of like subject matter has been related [sic] to them. But I want to hear from Diana Vizcaino that they are absolutely aware of the Chiefs March 12, 2013 memo, and despite being made aware of that, that this administration of the federal government says, even though we're aware of it, we're still going to have you only go for the next 50, 100 officers through the academy method of doing it. Diana Vizcaino: Good morning. Diana Vizcaino, assistant city attorney, Office of the City Attorney. The Department ofJustice, just a few weeks ago, was advised by myself and Executive Assistant Armando Aguilar, Jr. that the City, intact, continues to experience understaffing in our Department of Police. The Department ofJustice has been very receptive in the City's efforts of combined recruitment for both the POBRposition and for certified police officers. In fact, the Department ofJustice has never denied the City's request to hire certified officers. In fact, I think the City has asked for the approval of the Department ofJustice to hire certified officers at least two to three times, and perhaps Director Pruitt can just confirm that. And they have always been amenable, receptive, and have indeed granted the approval. I think that we had made great efforts. Our relationship with the Department ofJustice is a very strong one at this point. We have made significant changes in the way that we recruit our police officers. In fact, by the elimination of the civil service examination, we were able to shave (di at least six to seven months off of the hiring process, and that is something that the Department ofJustice assisted us in doing. Aside from that, as you know, we have changed the way that we administer our physical agility tests, and they have been extremely impressed with the Department's performance -- Chair Sarnoff: Counselor -- Ms. Vizcaino: -- and abilities. Chair Sarnoff: -- I appreciate your answer, but I'm going to ask a direct -- directly to answer my City of Miami Page 89 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 question. Have you, through the Manager, through the Chief, put the DOJ on notice of the Chief's March 12, 2013 memo? Ms. Vizcaino: 1 placed the Department ofJustice, two weeks ago when we had a conference call, and I advised that we were significantly understaffed in comparison to other municipalities across the nation. Now didl -- Chair Sarnoff: So -- now the direct -- Ms. Vizcaino: I'm sorry. Chair Sarnoff: -- answer to my question is no. Ms. Vizcaino: No, not his memo, hut think Armando Aguilar Jr. was present during this call, and he may have alluded to his particular memo. Chair Sarnoff • Is there any impediment or any reason why you could not have just faxed, e-mailed (electronic), sent the Chiefs March 12, 2013 memo? Ms. Vizcaino: As a matter of fact, the purpose of that conference call with the Department of Justice was just a briefing and a status update on our PAT process. I took the liberty and the opportunity at that time to share this important information that you, Mr. Chairman, have advised during Commission meetings. But the purpose of that call was not to address this. It was something else. It was for the PAT status. "just thought that it was important and I did bring it to their attention. I would he more than happy to scan a copy of the memorandum, provide it via e-mail to the Department of Justice, and entertain and perhaps address the need to hire an additional 50 certified officers if that is the will of the Administration and this Commission. Chair Sarnoff. Well, I can only tell you what my will is. And I can only tell you that I think what has happened, Commissioner Spence -Jones, there is sort of -- as opposed to an obtuse need, there's become an acute need as a result of the Chief 's repositioning of some officers in the north district, something I would have done as well. But as a result of repositioning officers in the north, you have to take from the central and you have to take from the south some officers to do that. People with pulses and heartbeats have to he moved to one section to another section, leaving those sections with the ordinary compliment -- and Chief I am refraining from using B shift, A shift. I'm refraining from using the word on duty. I am refraining from using PST (Problem Solving Team), SIS, something I've all learned from you all; regular heat cops, the off -duty cop, the NRO (Neighborhood Resource Officer). I could use all the acronyms you want. What I'm saying is, the number of people possible to resolve the situation is somewhat diminished in the middle and the south as a result of repositioning. So I now find a more acute status than I would have six months ago. And I'm suggesting to you that you at least put DOJ on notice -- and by the way, it's completely appropriate, as you have suggested to me, to say I'm not in favor of hiring laterals for these reasons. You're the professional; I'm not. You're the guy that's going to police -- both police these guys and police these guys. You're the supervisor of them. You'll tell us why it's not advisable to hire laterals, ifyou will, or certifieds, ifyou will. Completely appropriate. But then I can only hold the Manager- accountable when something happens in my district and my citizens say to me, Hey, Commissioner, you know, downtown's had the same 27 cops it had in 1992. Those are the questions I get. Commissioner Spence -Jones: Commissioner Carrillo, please, I definitely would like to hear your voice in this discussion. Commissioner Carollo: Yeah. I would have liked to, and just, you know, being courteous -- City of Miami Page 90 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 Commissioner Spence -Jones: Yeah. Commissioner Carollo: -- and letting all nfynu speak. Commissioner Spence -Jones: But I --just so that we have another opinion, I'd like to hear your Commissioner Carollo: Well, it's not an opinion. I'm going to say facts. Chief, haven't we budgeted for -- and I forgot what's the amount on officers, hut we haven't reached that amount yet. Johnny Martinez (City Manager): One thousand, one hundred and forty-four, and we'll reach it by June, which will he the first time that we've been at that level -- and if remember, the last time that I spoke about this, that was our short-range component to the long-range plan. And I've had to adjust my mind because in DOT (Department of Transportation), a long-range plan is a 20 year plan. Here 1 defined it as a four year, short term, immediately this fiscal year and everything in between, the next two or three years, so that's our short-range, midrange, and long-range plan that's condensed all in five years. But we will be at 1,144, if only for 30 seconds, by June. Commissioner Carollo: Okay. Because, you know, a fact is that fin- the last three years that I've been here, this Commission has passed a budget that includes that many officers, yet we have never reached that amount. And in discussion, and not just now, but in months passed and even years passed, the issue was the requirements of DOJ, and that's why we haven't reached that. So I don't think the Chief is not trying to reach there. I don't think our director of Human Resources isn't trying to get there. I think, realistically, what they have said in the past and what they're saying here is that we have our hands tied. We're trying to get there. However, you know, because of DOJ, Department of Justice, we're having issues getting there. And correct me if Ion wrong, Chief; is that what's occurring? Because I think -- you know, and this isn't just talking. This is action. In all fairness, this Commission has passed for the past three years a budget that includes -- I don't know the exact amount, but I think it's 1,144 officers, but we have not gotten there vet, and the reason has been DOJ. I know on several occasions I have come to the Manager and I've said, listen, we've just put a school through for police officers. They want to apply with the Miami Police Department, yet, we can't open it up to them because we have to exhaust another list. So I think what you're saying is that the Department of Justice has hindered the expeditious way that we could possibly hire, correct? Chief Orosa: Well, we haven't been fully staffed -- and what I mean by that is to have every single position in the police department that is budgeted with a warm hody in over the last ten years. That's number one. Number two is DOJ does not hinder. They just want us to do things that will get us to a -- what they call nondiscriminatory police department, where everybody's got a fair shot and everybody gets hired. What I did when I came on board is I begged the attorney from DOJ to allow us to hire certified. And we reached an agreement that they would allow us to hire certified, and once that list of certified was over, we'd open it up to everybody. Well, we've reached there. So we can go hack and I can heg her again, and hopefully, she says yes. And -- but hopefully, she says no. We -- remember that we agreed that you need to open it up to everybody. So we will do that. We will -- on our next call to her, I will sit in and I will beg her again and see what they have to say and, you know, we'll deal with it accordingly after that. Commissioner Carollo: And by the way, I guess hinder wasn't the right word; maybe slow the process of obtaining the amount of officers that we wanted. And listen, there is some validity to that. And if you all remember -- and it's been in the news quite a bit -- years back we had the river cops and it was because we wanted additional officers. We weren't getting them, and you know, I guess there were some corners cut and the bottom line is that, ultimately, the City of Miami paid for it with regards to what happened with the Miami River cops. So at the same City of Miami Page 91 Printed nn 4/22/2(713 City Commission Meeting Minutes March 28, 2013 time, I know we have to be careful. We want to move, you know, as expeditiously as possible because we want these extra police officers on the street, and we do want to reach, you know, a level of -- per thousand residents -- officers that is acceptable. But the bottom line is, I think we need to move cautiously because we don't want another incidence like the Miami River cops because we're cutting corners. So, again, what I've heard is I think we're all on the same page. I think we want more officers, and I think, in all fairness, what -- from what I'm hearing, it's because the process is just slowing it down. The process with DOJ is slowing it down. So however we can do it -- and by the way, I have no issues, whatsoever, with hiring certified officers if that's allowed by DOJ. I think we're all in the same page on this. We just need to somehow discuss it with them to see how we could, you know, just move more expeditiously. Commissioner Spence -Jones: And can I --? Thank you, Commissioner Carollo. I think that you kind of cleared up some -- a little fog. Mr. Chairman, would your recommendation be that some sort of resolution is passed on behalf of the -- this board, you know, to DOJ, you know, asking or requesting, you know, them to please reconsider this issue? Do we need to take that kind of legislative action to show that this is something that this body is in full support of? Or do you suggest --? Because I think that that could he something we could do to show that, you know, this governing body wants to he taken seriously. Or is one of the suggestion to have some sort of; you know, meeting along with DOJ to express it adamantly that this is something that we feel we need to move forth with? I just want to make sure we have a resolution to this communication because I know we keep talking -- we've been talking about this fir months. Commissioner Carollo: Years. Commissioner Spence -Jones: Right. So it would just seem to me the resolution would be -- this board passes something as a resolution, you know, urging DOJ to consider this matter immediately. And then the other part of it is, perhaps, calling that special meeting with DOJ to address the issue and the concerns that we have. I agree with Commissioner Carollo, though, we don't want to have another Miami River situation either, so u'e want to make sure it's done properly. And quite frankly, I am going to, you know -- I'm in very much support of more women being, you know, brought on the force, and definitely, you know, African Americans having the opportunity to participate and not being singled out because of this process. But I think that if we focus on the two items, the letter -- or the requested meeting that Ijust mentioned -- Mr. Martinez: And I think that's a proper path, you know. They had a conference call for one topic, and Diana slipped this in. I think we should have an official -- Commissioner Spence -Jones: Yes. Mr. Martinez: -- meeting to tell them, you know, here's the statistics. We'd like to be open to -- Commissioner Spence -Jones: Or maybe u'e should pass -- maybe we should also, as a part of that, pass the resolution, and as a part of that meeting, you can discuss with them that the board is asking for that to actually happen. That's at least the resolution. I do want to add on that -- and I don't want to take away from the push to get officers -- hut I said this in our last meeting and I will continue to say it. 1 think that, you know, our issue is notjust going to be whether or not u'e can hire the officers. Our issue, I think -- there's a compounded issue. We have officers that are here now that are not happy, that are jumping ship, you know; that, you know, quite frankly, because of all the various issues that we've had over the years, okay, there's a serious morale issue with the officers that we do have. And then the concern for nie is, people on the outside looking at this, you know, even the certified ones -- you know, I know we would have a recruitment issue as well. So 1 just -- 1 want to be able to balance the discussion from the standpoint of, yes, go 100 miles per hour with what the Chairman's asking you to do by convening perhaps that meeting, us maybe, perhaps, passing a joint resolution on this issue to push it. But that -- I think that is definitely important. Go a hundred miles per hour on that. But City of Miami Page 92 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 I also don't want us to neglect the fact that we have officers that are on the force now that truly feel as though they're not valued nor appreciated. And when you have people that are working in an environment, for whatever reason -- and I know that I'm going to bring that up on my item -- you know, feel as though, you know, they're not even being respected, then even the 2,000 officers that you have now -- I'm just using that as an example, you know, to me you're not helping the situation either. And I'm hoping that we'll be able to resolve at least showing these officers that we value and we appreciate them. But we already have an issue with the officers that we have wanting to leave. And then you have officers outside of the certified ones looking at the department -- the City of Miami is like not their number one choice. You want them to go into a dangerous environment every single day, risk their families and everything else, but yet and still, you don't want to take care of the officers? You want them to put their life on the line? You think I'd be running to get this job? So I think that there are things that we have to do as Administration to take care of the officers that we have. I'd like to see the same kind of, you know, energy go into, you know, us saying, officers, we value and we appreciate you, and here's one step in the right direction cf doing that, you know, showing that we do appreciate and value them. You know, I want to see that same kind of energy on that as well. Because guess what, 1 feel like if we have a thousand great officers that, you know, feel that they are, you know, being respected and valued and all those other things, we won't have all these officers veering off doing things that they should not be doing. Because, quite frankly, they just can't make a living off what we're paying them now. So I just -- I'm not -- and I don't want to lighten your discussion, Marc. That's not the intentions of it, and you know I have D5.3 on my agenda about at least showing these officers that we appreciate them. But we have to do both, guys. We have to do both. And you know, some of the behavior -- I'm going to just tell you. And I -- Chief and I had a discussion on this. Some of the behavior that I've been witnessing in my own district with some of these officers that are frustrated -- 'cause that's what happens, they get frustrated -- they're taking it out on the folks that are Irving to do good in the neighborhood because they're frustrated where they are. So now I got the tension going on between husinesspeople -- I'm using -- I'm not going to get into the details of it now -- that are working hard every day, you know, with frustrated officers 'cause they feel like they're underpaid and not respected, not valued. So, guys, I mean, you know, I really think that we need to look at this from two different perspectives. Yes, get the officers in here immediately, but at the same time, you need to take care of the ones that are there as well. Chair Sarnoff: Commissioner Gort. Vice Chair Gort: That's all right. Chair Sarnof f: Oh, that's it? Commissioner Carollo. Commissioner Carollo: Yes. Thank you, Mr. Chairman. 1 want to address just one more issue. Chief -- and I think it was NBC (National Broadcasting Company) 6 that mentioned the -- this issue. They said that one City official -- says an officer being moved from the north end of the City -- Pin sorry, are being moved to the north end of the City from the south and central. Now I understand -- and in all fairness, when something happens, a shooting or so forth, I can understand you moving and shifting officers because we are one city, and that's where the emergency is right now. But are you doing that on a permanent basis? And before you answer, 1 also want to address where I'm going with this because in the north end, we also have the CRA (Community Redevelopment Agency) that has added additional officers. And if that's the case, you know, I need for you to come to the CRA board and say, hey, yes, we need additional officers in that area and this is the reason why. This is what we're doing. I know in downtown Miami, you have the DDA (Downtown Development Authority) that could also pay fir some extra officers. So 1 want to see exactly -- Chair Sarnoff. Bayfront -- City of Miami Page 93 Printed nn 4/22/2(713 City Commission Meeting Minutes March 28, 2013 Commissioner Carollo: -- you know -- Chair Sarnof: -- Trust could too. Commissioner Carona: Well, Bay f •ont Park -- yeah, in Bayfront. But downtown -- DDA, I think, has -- Chair Sarnof: You have that big, big surplus. Commissioner Carollo: -- DD -- Commissioner Spence -Jones: But if we don't have the officers to work, it doesn't even matter. I mean, even if we -- Chair Sarnof: You're right. Commissioner Spence -Jones: -- pay for the actual program -- Commissioner Carollo: No -- well -- Commissioner Spence -Jones: -- I mean, we could pay for it in the CRA, hut the issue is -- Chair Sarnoff • Right. Commissioner Spence -Jones: -- we don't have enough officers to even cover it. Commissioner Carona: Well, here's the thing. I -- these extra officers will not he on -- they will be off -duty, so it addresses two issues. First, we have mare officers on the street. Second, these officers are earning more money than their regular salary. So we actually -- it serves two purposes, you know. So it's actually -- it's a good thing. One, like I said, we have more officers on the street. And number two, they're getting paid extra moneyfrom i^om their regular salaries. So that's why I want to address that because, in all fairness, you know, if that's what's happening, we have means in the north end to put more officers on the street, and at the same time, help out some of these officers that have had their salaries cut in the last two or three years. Chief, could you address that? Chief Orosa: Yes. I have three questions, and I will give you the answers, starting with your question first. We have not moved any officers from central and south to the north end. What we've done is that we have sent the SIS people that works gangs, that are usually in the north and central areas developing cases, to the north end to develop more cases there. What we've also done is that we have grabbed the PSTs, the Problem Solving Teams, and we've rotated them in there so that they spend a day or two and then they come back to their area. But uniform officers, beat officers, NROs, all those people in uniform that belong in your districts haven't been touched. All we did was get the problem solving teams and say, listen, instead of working five or four days in Little Havana, spend one day there, and that's how we've been augmented, and it has worked. Crime there, since January to now, has dropped over 20 percent, and so has been the shootings. They've been virtually nonexistent. We've still had a few, but virtually nonexistent. That's the answer to your question. The morale question. Officers, yes, they're upset because four years in a row, they've been getting pay cuts. They haven't received step increases, and we are now in a situation where we're at the bottom tier of police officers in Dade County. So I feel far them because they've always -- they've been hit with reductions. Part of the rationale that I had, 1 developed a series of things that we can do to help them out, and 1 reached out to the union as well because they're hearing it more than I hear it. So I reached out to the union and said i-vhat are the main concerns, and it's always monetary. So i-ve put it all in writing, and we submitted it to the Manager, who will be submitting it to you, and you all can decide with City of Miami Page 94 Printed nn 4/22/2(713 City Commission Meeting Minutes March 28, 2013 the Administration which route you want to take. Do you want to give them this much or this much? It all depends on how much it's going to affect the budget; same thing with how much officers we're going to he hiring above the 1,144. Do you want 33? Do you want 50? Do you want 100? I think that's a decision that needs to be made before we go to DOJ begging them to allow us to hire "X" amount more officers because without that number, they're going to say, You want our permission and you just want to hire 30 more or 20 more or 10 more? You know, we have to determine a number that is not going to destroy or damage the budget and -- before we got to DOJ and say, Listen, we need this. So those are nay answers. Chair Sarnoff: Can 1 --? Commissioner Carollo: And Chief I just want to make sure -- 'cause the Manager said this, but I want clarity. By June of this year, we will, for the first time, meet the amount of officers that this Commission has actually budgeted for, at least since the time I've been here for the last three years, correct? Chief Orosa: I believe so, yes. In the next three months or so, well have -- we'll be fully staffed. Commissioner Carollo: Okay. And then what you're saying is, from there on is when we need to discuss it, and I guess it will be during our budget hearing, how many additional officers from that amount that we have hudgeted. Chief Orosa: Correct. Commissioner Carollo: Now, my question will he, well, let's say we budget, let's say 100 more, which has been discussed, okay, how long will it take for you to actually he able to hire these additional 100 because, since I've been here, it's taken three years or three and a half years for you to actually reach the amount that this Commission has always budgeted for? Chief Orosa: Well, put it this way, we'll move as fast as we can. And part of that speeding up process, we have gone from having 5 background investigators to having 20. We've beefed up the background investigations unit for 20. So instead of doing 100 files in two or three months, now they can do 300 or 400 files in two or three months. So we've taken the steps to try to speed up the process as much as we can. How long it's going to take to hire 100 cops, it's difficult to measure. I would hope that we can do that within seven, eight months. But if we don't have enough candidates that pass the background, or applicants, then it can be delayed. Commissioner Carollo: Right. So what you're saying is that even though you're going through 300 files, that doesn't necessarily mean that those 300 candidates are qualified or fit background, thoroughness and vetting that is of your opinion that should be hired. And the reason why I'm also saying this is because, you know, during budget time we don't want to budget an additional 100 officers and then, realistically, you know, we're setting you up for failure because we cannot hire those 100 officers. Chief Orosa: Right. And also, part of the mix is keeping in mind that if we go certified, we usually -- our history has been that we hire l for every 15 to 20. And then if we go to -- Commissioner Carollo: Say that again. For each certified -- Chief Orosa: For certified, we usually hire 1 out of 15 or 20. Commissioner Carollo: Gotcha. Chief Orosa: And then the ones that need to go to the academy, it's usually one to seven. City of Miami Page 95 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Commissioner Carollo: Understood. Mr. Martinez: Commissioner, may add something? Commissioner Carollo: Yes. Chair Sarnoff: Go ahead, Mr. Manager. Mr. Martinez: Yeah, right on point. For this fiscal year, we budgeted 1,144 policemen. The -- obviously, we need growth in the police department, but it has to be smart growth. It has to be responsible growth. It has to be strategic growth. And what I mean by that, it has to he balanced, like Commissioner Spence -Jones said, with the existing officers and keeping their morale. You know, I'd rather have 1,000 officers with good morale than 2,000 with [expletive] attitudes. Commissioner Carollo: Understood. Mr. Martinez: Having said that -- Commissioner Spence -Jones: You made your point. Mr. Martinez: Yeah. Having said that, I want to propose a plan to this Commission because, at the end of the day, the Chief hit it on the nose, it's going to be a policy, budget decisions that needs to be made by this Commission with the recommendation of the Administration of how do we balance picking up the morale of the existing officers in -- and in the short term, hire new officers that are going to he eating up into the budget and balancing what goes into fund balance. So those are policy decisions that need to he made at this Commission. And I'm happy that the Chief brought it up because, at the end of the day, it's going to come down to a balancing of the budget and what doesn't go to fund balance in order to grow the police department in a smart, strategic way. Commissioner Carollo: Right. And that's why I'm bringing all this up because this is going to he discussions that Pm sure we're going to take up in the next few months during the budget process. And what I don't want is to artificially budget and, you know -- which we need to see exactly, you know, the funding sources, how much revenue, estimated revenues is going to come in or additional estimated revenues and all that. So we need to look at all that, but at the same time, smart, because we -- I don't want to budget for 100 and then knowing that, realistically, it's overbudgeted because we're not going to get 100. So I want to make sure that we're all on the same page and see exactly -- and maybe if we can get 100, hut know ahead of time, yes, we can get 100. 1'll tell you what, we're not going to get an additional 100 by October 1. Therefore, even though 100 officers may cost, let's say, I don't know, 1'll give a number- -- I'm just going to throw a number up in the air, 10. We don't really need to budget for 10 because, realistically, we're not going to start on October 1, so we could really budget fin- 9 or 8 or 7 because the additional officers will he coming in December, in January or February of next year. With that said, Chief when we have additional officers -- and obviously, I do not want to pretend that Pm doing your job -- but when we have additional officers, where are those officers going to be stationed? Are they going to he patrol officers on the streets? 'Cause that's I think what -- whenever we say additional officers, that's what I think everyone's envisioning. I don't want additional officers to now go to acronym locations: PST, CIS, and so forth. These will be additional officers on the street patrolling, correct? Chief Orosa: Correct. My first priority is to staff everything in uniform. And then my second priority on top of that is to be able to break the Brickell area away from the Coral Way area so they have their own officers responding there. It's -- right now Brickell has grown so much that the Coral Way officers and the Brickell officers, they need their own because it's a long travel City of Miami Page 96 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 time. And then also in downtown. Downtown, usually they're about 10 to 12 heat officers short patrolling downtown. And downtown is growing by leaps and hounds, so we need to put more unifar in officers in downtown. And then, of course, all other communities, we just add more patrol officers. Commissioner Carollo: Understood. And Marc and I share that Brickell/Coral Way section and it's all in the -- part of the same zone. Okay, and by the way, that's where I was saving maybe some of those agencies can add to it to make sure that officers are there. And by the way, you know -- and I know you mentioned about Bayfront. Every time we have events there, you know that we have additional officers there that are being paid and are getting paid, you know, off -duty pay, off -- overtime sometimes. So the truth of the matter- is, we always make sure that we have enough officers there for any of the events to he, you know, a safe place, being paid by whoever is actually, you know, doing the event. So -- and I think it's a good thing because, once again, it meets two purposes. One, we have additional officers there for safety. And number two, they're getting paid additional monies to supplement their salaries. Okay, thank you. Chair Sarnoff • Commissioner Gort. Vice Chair Gort: Question, my understanding, you're going to open up for additional officers, right? You're going to open up the windows so people can apply? Chief Orosa: Correct. As soon as we -- Tice Chair Gort: Correct, okay. Chief Orosa: -- finish this list -- we'll probably finish it in April -- in May. We're going to open it up in April. Tice Chair Gort: Where this list -- how long has this list been in existence? Chief Orosa: A few months. Vice Chair Gort: Few month [sicJ. My question is, they don't want you to hire any more certified officers. These are officers corning from other departments or from other --? Chief Orosa: Yes. Once you -- Vice Chair Gort: Okay. Chief Orosa: -- open up the list, anybody can apply, both certified and noncertified. Vice Chair Gort: How about the one that went through the college, spend their money. They got certification. Will they be able to be selected? Chief Orosa: They apply. Vice Chair Gort: Will they be considered certified? Chief Orosa: They apply. Commissioner Carollo: Yes. Vice Chair Gort: But they can be selected also? Chief Orosa: Correct. City of Miami Page 97 Printed nn 4/22/2(713 City Commission Meeting Minutes March 28, 2013 Vice Chair Gort: Okay. Commissioner Carollo: But -- and Mr. Chairman, real quick, just to add to what Commissioner Gort was saying and to clarify. How long has the current list been in place? 'Cause I don't think it's been two or three months. Vice Chair Gort: He says months. Commissioner Carollo: 1 think we're going in years. Chief Orosa: The current list we're working on, we got it in October, and we're basically finalizing it already. We're reaching the -- towards the end of the list. Commissioner Carollo: Okay, hold on. Chief Orosa: I think we're going to be done in May with the list, and we've already spoken to have it advertised for people to apply in April so we can have a list ready to go when the other one -- when this one expires. Commissioner Carollo: This list started in October of last year? Chief Orosa: We -- I think it was advertised October last year, and we received it, I want to say, somewhere -- we started working it somewhere in December/January. Commissioner Carollo: Okay. 'Cause what's happening in the meantime, Commissioner Gort, with what you're saying, there's -- we have put people through the policing -- the College of Policing in the Miami Police Department, and those people can't even apply yet to our department. Vice Chair Gort: I understand. But I think that those people are going through the process, I'm sure they have women. They have all kinds -- Commissioner Carollo: Yeah. Vice Chair Gort: -- of individual that we can select from and they already have some training, and they maybe have some background check, which it might not have to be as intensive as the other officer. Commissioner Carollo: Right. Tice Chair Gort: The other thing we also -- when you put your budget together, make sure that you put the -- you add the support staff that you need. Because if put more officers, you're going to need more civilians to work with you all, okay? Chair Sarnoff: Chief, 1 want to say that, for the. first time in my life, I think 1 know what it would have been like had Paul Revere said, The British are coining, and somebody said, What? You are all on notice that ifyou come to the complement that this Commission has budgeted and appropriated for, you will have, during daytime population, 1.5 officers per thousand, when Baltimore has in the fours, when New York has in the fours. That's if you get to your staffing requirement. We have moved beyond the problems ofDOJand the impediments thereto. I'm merely suggesting that, as a result of an acute situation and as a result of -- to staff up 100 cops, you know what? You don't even have to budget $3 million, for that because by the time you're done and when they're hired, you're just going to pay them the recruits pay. And by the time they get hired, go through his hiring process, go through the academy, go through FTO (Field City of Miami Page 98 Printed nn 4/22/2(713 City Commission Meeting Minutes March 28, 2013 Training Officer), be sometime October 2014, okay. So I'm saving start now. I want to hear from DOJ -- I want to hear from this Administration of government, no, Mr. Chief, you cannot have 50 lateral hires. You cannot have 50 certifieds. And I think Commissioner Spence -Jones is dead right. One, we should pass a resolution -- and 171 phrase it -- and two, she is right about morale. Because I want a cop to be one cop. I don't want him to be hallo cop. I don't want him to be three-quarters of a cop, and I don't want him to be a quarter of a cop, 'cause you're right. You could staff another 100 positions, and if they're not -- the morale's not there, Jor whatever reason, including pay -- including pay, and I am more than amenable -- and as you know, Commissioner, when it came time to talk about millage, which is, apparently, a taboo subject up here, l was more than willing to talk about millage if we're going to talk about policing. So l am 100 percent with you -- maybe not on the number you have in mind, but the debate is aline debate to have. But do not deceive yourselves up here and do not kid yourselves up here. You are running around with less than half the manpower of New York. You are running around with less than half the manpower of Philadelphia. You are running around with less than half the manpower of the city that had the most famous TV (Television) show, called The Wire, in US (United States) history, Baltimore. And Baltimore, guess where they started when they started to resolve their crime problem? They had a 2.6 ratio. They're now 4.7. I'm not saying resources is the solution to everything. But I will tell you something you never do, Mr. Manager. You never say I can't hire people 'cause I might have a Miami River cop. Because if you can't get that right, then we need to get the right person to sit in your seat. And you need to then designate the right person that stands at that podium. 'Cause if the fear governs this Commission that we can't dare hire people 'cause we're afraid that we're going to have a Miami River cop situation, then let's stop doing business right now. It's your job to get it right. It's our job to appropriate. And I'm just pulling your eyes back and making sure your eyelids are wide open. You have a morale problem and you have a staffing problem. And if do nothing, tomorrow you will have a morale problem and you will have a staffing problem. And if ,you want to continue to have a city, you need to stop saying this is a world -class city, because a world -class city has the same number of police as the top 10 cities in America. And if you don't think it's the -- and maybe it isn't, but it is my primary concern that a person walks out of their district, even Michelle Spence's [sic] district -- and I mean that with due respect -- that they go to work and they feel safe 'cause everything else, a park, a playground, sanitation, is irrelevant unless they feel safe enough to go to work. The job of government is to set the table for business, not to serve the food. Part of setting that table fbr government is police. Part of setting that table for government is rescue. Part of setting that table for government is sanitation. And part of setting that table for government is good roads. And everything else, I believe, is private sector. What I'm setting is a priority for the number one priority in District 2 for as long as I am Commissioner: I want to make sure that we are safe. And even assuming we hit your staffing level, Chief, your aspirational staffing level, we will he at 3.2, a full .8 away from any city measured in the top 10 cities in America. I don't mean this without due respect, hut this conversation can get mired in, Well, Commissioner, your S1S level is about the same. Your B and A shift is exactly the same. Your minimum staffing is really a 4, but I got it to a 3. I know how to play that game now. I've played it with you -- and I don't mean that disrespectfully -- but I've played that game with you for a year now. PST, Problem Solving Team, means you have a problem. You're asking for a solution, and you have a team approach. And you are moving the PSTs, whether you wish to say one day in or one day out, to the north end. And that changes the number of PSTs available throughout the district. And I'm not telling you 1 would not employ that strategy for what Commissioner Spence -Jones is going through; I would. What I am suggesting to this Commission -- and I'm going to pass the gavel -- is that u'e pass a resolution asking DOJ to consider the Chief's March 12, 2013 memorandum concerning Miami Police staffing levels as a situation that needs to be addressed right now and primarily by this Commission, and that they support our ability to hire 50 additional officers now, regardless (if whether they are certified or uncertified officers. That's my motion. Commissioner Suarez: Second. City of Miami Page 99 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Vice Chair Gort: There's a motion and a second. Any discussion? Commissioner Carollo: Yes. Commissioner Suarez: Yes. Vice Chair Gort: Yes. Commissioner Suarez: And have some, ton. Go ahead. Commissioner Carollo: Thank you, Mr. Chairman. Remember how 1 mentioned at the beginning of the meeting of all these memos that came through in the last minute and we need time to absorb them, understand them in order to see what the proper procedures were going to be? I have a memo here, given to all of us, that specifically stated -- and I knew it wasn't me who was going to break the memo. As soon as I read it, I said, Oh, okay, and I knew it wasn't going to he me, hut it clearly says district discussion items are intended to he far discussion only. This means that a discussion item shall not result in a resolution unless the resolution has been provided as part of the backup for the item; or said resolution, the result from the discussion, has no fiscal impact on the City's general fund. Now, okay, what are the procedures of this meeting? And by the way, I have no issue -- Chair Sarnoff You're right. Commissioner Carollo: -- with the -- Chair Sarnoff: You're right. I will withdraw my 'notion. I will bring -- Commissioner Spence -Jones: Wait, wait. Don't withdraw it vet. Commissioner Carollo: You know -- Commissioner Spence -Jones: I don't think you need to -- Vice Chair Gort: Wait a minute. Commissioner Spence -Jones: -- withdraw it because I think the urgency needs to be there. Vice Chair Gort: Excuse roe. Commissioner Carollo: I have no issue with it. Vice Chair Gort: Hold it. Commissioner Carollo: The only thing is -- Vice Chair Gort: Okay. Commissioner Carollo: -- that, again, when things are passed in the last minute and it's like two or three, four memos and we're all scrambling -- Commissioner Spence -Jones: I -- Commissioner Carollo: -- I just want to make sure -- Tice Chair Gort: I have (UNINTELLIGIBLE). City of Miami Pane 100 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Commissioner Carollo: -- what's the right procedure. How are we doing this? And I just -- listen, I just want a level playing field. I'm not saying that there's any malice, you know, in any of this. But the only thing I'm saying is -- listen, and I don't even have a problem with the resolution that Commissioner Sarnoff mentioned. My problem. is, you know, we send two or three memos -- and I -- this, I received two days ago, you know. And I'm saying, okay, so we're changing the process. We're change -- you know, I'm still trying to analyze, okay, how are we going to do things now, and all of a sudden, we're not. So I just -- we need clarity. We need to see how we're really going to move forward. And you know, not just on this, but here on. Vice Chair Gort: Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. First of all, good morning to all of you. Commissioner Spence -Jones: Good morning. Vice Chair Gort: Good morning. Commissioner Suarez: I think I came at the right time. I was listening as I was coming forward to the Chairman and he was talking about how we have a morale problem in our police department and we have a staffing problem in our police department. And I would add to that that we have a constituent morale problem, which is that our constituents are demoralized as far as what they feel is an ever-increasing amount of violence in our community and an increase in crime. Now we can discuss crime statistics 'til we're blue in the face. We can cherry pick crime statistics because if you take a certain period of months, you can make it look one way. If you take another period of months, you can make it look another way. I can tell you that it's pretty evident having been in a lot of the communities in the city, particularly in the last couple of months, that there is a constituent morale prohlem in addition to our morale problem in the police department and our staffing problem. And so, you know, I would -- 1 respect, you know, Commissioner Carollo's, you know, desire to want to do things in an orderly fashion. And I don't think that if we were to delay the Chairman's very good motion that I just seconded to one more meeting or whatever, you know, to make it something that procedurally, you know, we can all feel comfortable with, I think that, you know, we can find that place. I mean, in two weeks, I don't think that 50 officers are going to he hired. But I think what you're seeing here, Mr. Chairman, is that there is a desire on the part of this board to support you in your efforts to do this increase immediately. Now, if it took us 18 months to get to where we're at right now, I wonder how long after we pass that resolution is it going to take us to get those 50 officers. And I know you guys were talking about it a little bit before I arrived 'cause I heard some of the certified/noncertified lists, how long the list has been active. And I think you're right. I think it's one of the frustrating parts about being on this side of the dais is that we are limited in what we can do. And we appropriate -- and let me tell you. 1 think you've pushed the bounds of what we can do, and I commend you far doing that. I -- and I have told you several times. There's been times where I see it constantly on the agenda, and Igo, oh, again? But the fact of the matter is, you're right, you know. You've been right that we can't stop impressing upon this Administration that this is critical. This is one of the most -- the major issues in our city right now. So I support you, whether it he today or tomorrow. Vice Chair Gort: Commissioner Spence -Jones. Commissioner Spence -Jones: Let me say -- I mean, first of all, I think that this is an urgent matter. I would like for the City Attorney to clear up for us really fast if -- the issue as to whether or not Chairman Sarni f s resolution is actually an issue. My concern would he us waiting two additional weeks, Commissioner Suarez, on an issue -- 1 mean, we're not going to be voting on the dollar amount now. This is clearly us asking if we have the resources to provide the additional 50 officers based upon the budget analysis -- the Budget Department's analysis, then we hire them. I think that his motive behind the resolution was to send a sense of urgency in us City of Miami Pane 101 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 finding a resolution in this morning's discussion. As you stated, the third issue, you know, is a constituent issue. Constituents in -- and especially in my district, do not feel safe, you know. And clearly, the issue of guns are nut of control and, you know, this is a state of an emergency. So 1 think in this particular instance, while 1 understand Commissioner Carollo's viewpoint about the memo that was passed to us two days ago, I don't think that we're really talking about spending money. I think that what we're talking about is sending a very solid message and concrete message and deliberate message to DOJ that this is something that we take very seriously and that we would like to have their support in us pushing to get this done. Of course, quite naturally, hefore an item would actually take place, it still has to come hack in front of us for us to vote and approve it. But 1 would just hate to lose two weeks -- you know, 1 think that our original discussion on this was let's pass a resolution now to urge them, right? And then the second part of that was to make sure that the Manager and the Police Department meet with DOJ I would like for them to be corning hack at the next meeting, quite frankly, giving us a report saying, We met with DOJ; they received the Chiefs memo from March 12, and they've also received the resolution urging them to address this issue because of the fact that our numbers are really low and the crime is very high. 1 think there's certain things we just have to -- we have to look beyond, and I think that this is one of those instances. So I would not want the Chairman to take it back only because I feel like it's an urgent enough matter. We cannot continue to lose people daily on the streets, you know, to these issues without addressing it head on. So I would ask that the Chairman, you know, don't take it back and lithe City Attorney can give us clarity on this issue as to whether or not this violates anything that we're doing. Commissioner Suarez: No. Ms. Vizcaino: If the will of the Commission is to adopt a resolution putting the DOJ on notice of this urgency, then that's appropriate if the Commission deems so. However, before the next Commission meeting, I will hope to have already arranged for a conference call with the senior trial counsel of the Department of Justice, and we will follow the same protocol that we have in the past when we have requested approval to request certified officers. And the protocol that we have followed is that we have scheduled a conference call, and in my office, the essential key personnel has been present, which is the Chief of Police, the executive assistant, the HR (Human Resources) director, and all of those that are involved in this matter. Commissioner Spence -Jones: Okay. Ms. Vizcaino: As early as today, I will e-mail the DOJ and request for this meeting to be held. Vice Chair Gort: Thank you. Commissioner Spence -Jones: And you will forward the memo from -- I'm sorry -- March 12, along with, hopefully, this resolution that we will pass so that you can report back to us at the next City Commission meeting? Ms. Vizcaino: Absolutely, Commissioner. Commissioner Spence -Jones: I mean, 1 think that's the resolution. Tice Chair Gort: Okay. Commissioner Spence -Jones: We got a resolution. Let's -- Vice Chair Gort: Personally -- Commissioner Spence -Jones: -- move forward on that. City of Miami Pane 102 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Vice Chair Gort: -- I don't have -- Ms. Vizcaino: However, if may, far just -- Tice Chair Gort: Yes. Ms. Vizcaino: -- one point of clarification. The Chairman, in the suggested language that he proposed for the resolution, addressed the urgency to hire both certified and noncertified officers. I think it's important for the Commission to he aware that there is a distinction. We do not need DOJ approval to hire noncertified police officers. We do have internal processes, and perhaps the HR director can fully explain that process to you, which is that we must exhaust a list before we begin to recruit again. So if you would like further information on that, I think Ms. Pruitt would he more than happy to explain internal processes that have nothing to do with DOJ approval either slowing down the process or hindering it. Chair Sarnoff: Well, let -- Commissioner Suarez: Mr. Chair. Vice Chair Gort: Let me tell you, personally, this resolution does not have an impact -- fiscal impact, so I don't have any problem voting today on it. Commissioner Spence -Jones: Yeah. Commissioner Suarez: Mr. Chair. Right. Vice Chair Gort: Yes. Commissioner Suarez: Thank you. Just a quick question on the last statement that you made. You said that the -- for noncertifieds, that they are not governed by the DOJ consent decree? Ms. Vizcaino: No, that's not what I said. I said that we do not need their approval to begin a recruitment to begin hiring. We are governed by the procedures that are in the consent decree. However, if the City Administration has identified a need to hire %'nmount of basic -- Tice Chair Gort: Positions. Ms. Vizcaino: -- POBR positions, then we follow our internal processes. And again, I think I may not he the most appropriate person to explain what our HR protocols are. Commissioner Suarez: Okay, let me -- Chief Orosa: I think the issue, Commissioner, is that if we request of them to hire certified only, a list of certified only -- Commissioner Suarez: Right. Chief Orosa: -- to speed up the process, then we're required to get their blessing and their permission. But if we go certified and noncertified -- we are doing that right now -- we don't need their blessing. Chair Sarnoff: And all I'm suggesting is, why don't we get the broader spectrum. of approval so that you can employ the strategy to get the cops on the street as soon as possible. I apologize. Commissioner Suarez: And I didn't really actually finish my stream of thought. You -- so -- City of Miami Pane 103 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 okay, so let me see if7 understand this right. So we are still governed by the DOJ consent decree with reference to noncertified officers? Ms. Vizcaino: Correct. There are -- Commissioner Suarez: Correct? Okay. Ms. Vizcaino: -- two classifications under the decree; that is our basic police officer position and our police lieutenant position. Commissioner Suarez: And what you're saying then is, then we're also governed by internal policies as well? Ms. Vizcaino: I -- correct. Commissioner Suarez: Of. course. Tice Chair Gort: Yeah. Ms. Vizcaino: As far as recruitment and selection, we do have our civil service rules -- Commissioner Suarez: Right. Ms. Vizcaino: -- and internal processes that the City Administration follows. Vice Chair Gort: One of the things that I'm doing is, as the Labor Relations Board, we're going to meet on Monday with all the directors and the Human Resource [sicJ and find out what can we do -- l'm asking for suggestions from everyone how we can expedite the hiring, what things need to be changed. A lot of things can be changed, which is not on the books. There are agreements that were signed in the past, and we need to look at them. And Monday, I'm going to have a meeting with them, so we're going to he working on some of that. Commissioner Suarez: So may I continue? Tice Chair Gort: Sure. Go ahead. Commissioner Suarez: Okay. So we obviously have an academy. It's one of the best academies probably in the County, if not the hest academy in the County. And we're routinely graduating many, nanny, you know, applicants, graduates, whatever you want to call them. So those are obviously noncertified until they're certified, correct? Chief Orosa: Those are certified. Commissioner Suarez: Right. Vice Chair Gort: They're certified. Commissioner Suarez: Well, they become certified once they graduate. Chief Orosa: Correct. Commissioner Suarez: Correct? And is there any way that we can give a preference to the people that we train ourselves and hire them quicker since we've trained them, we've taken the pains of --? City of Miami Pane 104 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Beverly Pruitt: Beverly Pruitt, director of Human Resources. We have -- the position is a civil service position, police officer, and it goes through our normal process of recruitment. So if the individuals in the academy apply for a position -- Commissioner Suarez: Right. Ms. Pruitt: -- through that process, yes, they can be hired, as long as they pass the background through the police department. Commissioner Suarez: But 1 guess my question is -- we're talking here about expediting the process. We're not talking about just a regular hiring issue. We're talking about -- we've been -- the Chairman has been ident Jing a process that has taken 18 months to get us back to our staffing levels that we've already budgeted. So my question is -- and I think the question of everyone here is trying to figure out a way to make things happen faster, and if we're training -- Mr. Martinez: Can you go over the steps that we've taken to --? Commissioner Suarez: No. I don't want you -- I don't want her to repeat anything that was done before I arrived. So if that was done before I arrived -- Commissioner Carollo: Yeah. Commissioner Suarez: Okay, then my apologies. Go ahead, Mr. Manager. Mr. Martinez: I want Beverly to just briefly, quickly go over some of the things that we've done internally to shorten the time that it takes, like now the police can access the files directly and it doesn't have to go to HR, then to Police, and that's eliminating (UNINTELLIGIBLE) -- Chair Sarnoff • And that's a worthwhile conversation, but let me just say this to you -- and I think we could all agree with this -- if we're going to go with a new recruit class, that's a year, give or take. Probably the north side of 14 months to 14 -- Commissioner Suarez: Training. Chair Sarnoff • -- probably the south side, 10 months. If you're okay with the staffing where we are for the next year, then do it by noncertified officers. If you want to promote and address an acute problem, then you need to do it now -- Commissioner Suarez: Trained certifieds. Chair Sarnoff • -- with certified officers. Let the chief determine who's a good recruit from that particular pool grouping. Commissioner Carollo: Mr. Chairman. Vice Chair Gort: Yes. Commissioner Carollo: To what Commissioner Sarnoff said, I want to make sure that's correct. Chief, could you answer this, and I want to make sure 'cause I sort of agree with you. I sort of agree with you, but I want to make sure. To hire a certified officer, how long does the background investigation take? Chief Orosa: It takes as much as -- if you don't have certification -- Commissioner Carollo: No, if you have a certified officer. City of Miami Pane 105 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 Vice Chair Gort: Certified officer. Chief Orosa: Certified, it's the same process we use, for a noncertified. Commissioner Carollo: Okay. Chief Orosa: It depends on your background. Commissioner Carollo: So -- but does -- are we looking at six months? Are we looking at eight months? Are we looking at one month? Usually, what's normally a background investigation on an officer? How long does that take? Or on a candidate. Chief Orosa: Well, if ,you're certified -- Commissioner Carollo: Right. Chief Orosa: -- you come to us, we do your background. You do -- we do your background investigation, like anybody else -- Commissioner Carollo: And polygraph. Chief Orosa: -- and polygraph and all that. Commissioner Carollo: All that stuff. Chief Orosa: If you're noncertified, we do the same thing. So the amount of time it takes to do the background is the same. Am 1 missing your question? Commissioner Carollo: Yeah. I want a timeframe. Like I knew when I was hired back many, many years ago, it took about a year for me to start the process, actually turn in an application, and by the time I was actually hired, it was, I would say, at least a year. So that is my question. If you start background investigation, I'm saying -- Chief Orosa: Okay. Commissioner Carollo: -- in May -- Chief Orosa: If you are in the first hatch -- Commissioner Carollo: Right. Chief Orosa: -- it'll take about three to four months. If ,you are at the bottom of the list, it'll take longer because we have to go through everybody else that's ahead of you. So that's -- Commissioner Carollo: So, more or less, a background investigation takes about three or four months. Chief Orosa: About three months. Commissioner Carollo: Ahout three months. And that includes the assessment center. If you also do that, that includes the psychological, all that? Chief Orosa: Medical, background, canvas your neighborhood, waiting for all your employment records. City of Miami Pane 106 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 Commissioner Carollo: Right. Chief Orosa: Waiting for your driver's license check. Waiting for your criminal histories, everything. Commissioner Carollo: Okay, so it's sort of there. It's sort of what, you know, Commissioner Sarnoff is saying. I think we could get officers, you know, hired earlier than a year, but it's sort of, you know, there to get that amount, depending what amount, it will take some time. Addressing back as far as the procedures, listen, 1 don't have a problem with your resolution today. I -- as a matter of fact, I'm very much in, favor of it. But again, we received this memo and Ijust want to -- listen, in the past, I have stayed quiet. I believe in teamwork and I just go along, you know, with the will of this Commission, which, by the way, even this memo, it's the will of the Commission if we want to abide by this or not. But saying that, I just want to nip it in the hud because as no one noticed in the past, we had sort of -this unwritten rule about deferrals, but 1 clearly mentioned like two or three times when it was my time, it didn't occur. Where 1 just want to make sure that, you know, when I bring a discussion item that's extremely important to me and to the residents that I don't get, Hey, by the way, you can't, and so forth, you know. We do make exceptions to some of these rules. And by the way, this rule hasn't even been established because this Commission is the only one who actually makes rules. So I just wanted to nip it in the bud. Vice Chair Gort: Okay. Commissioner Carollo: I don't have a problem with it. We can make the resolution. I will be in sup -- I will be supportive, but I just want to make it, you know, known that, Hey, listen, whether we abide by this or not, you know, in the future, I want to make sure that everything is just administered fairly to all Commissioners. Vice Chair Gort: Thank you. No further discussion. All in favor, state it by saying aye." The Commission (Collectively): Aye. Commissioner Suarez: Wait. I think we have to remake the motion and the second 'cause you withdrew your -- Vice Chair Gort: Well, the motion was made. Todd B. Hannon (City Clerk): Madam City Attorney is clear on what the resolution entails, and I think we're good to go. 1f not, then there may need to be clarification. Chair Sarnoff.' It should be modified for certified officers, since you don't need their permission for noncertifieds. Commissioner Carollo: Yes. Ms. Vizcaino: It's clear. Commissioner Carollo: Good. Ms. Vizcaino: Thank you. Vice Chair Gort: All yours. Chair Sarnoff: All right. City of Miami Pane 107 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 D2.3 12-01466 D2.4 13-00236 Commissioner Carollo: All right. DISCUSSION ITEM DISCUSSION REGARDING CONTRACTORS' NEGLIGENCE IN FAILING TO PROTECT TREES. 12-01466 Contractor's Negligence - Failing to Protect Trees.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez Note for the Record: Item D2.3 was deferred to the April 11, 2013 Commission Meeting. DISCUSSION ITEM UPDATE ON ENFORCEMENT OF VEHICLES FAILING TO YIELD TO PEDESTRIANS IN THE RIGHT-OF-WAY. 13-00236 Enforcement - Failing to Yield to Pedestrians DISCUSSED Chair Sarnoff: Let's -- I'll tell you what, let's go -- Commissioner Carollo: We can -- Chair Sarnoff • Let me just finish one last one. Chief, are you there? Enforcement of vehicles failing to yield to pedestrians in the right-of-way. We just had a death on Brickell, really on Brickell Bay Drive. You've done a pretty good job of enforcement. I need you to step up that enforcement. I want you to consider this -- and I'm going to ask this to this Commission. You know, we're pretty good about people who run red lights, hut what about people that don't yield to pedestrians with a red light? Do we have the ability under our camera ordinance or by state laiv to either enforce that by camera? Because I actually think it's a worse infraction to run a red light that's clear, but to turn right in the path of an oncoming pedestrian while there's a red light; that's a violation of state law. I just don't know if we can do that, Mr. Manager. I'd like to look into that. If we can't do it by state statute, I'd like to lobby to get it done by state statute. Brickell, you are -- I mean, there's the woman who was killed, Ana Maria Marez (phonetic), you know. She was, as far as we know, in a crosswalk, you know. It was a hit and run driver, so, Chief, I don't think this guy would have listened to any law once you hit and you run. But the point is -- like one of the things that we've done most effectively are those yield to pedestrian signs. They're cheap. Everybody likes them. You know, Ron Nelson is the one that actually brought them to us. Look, I think it's imperative that we look at every strategy we can. Again, I'm going to ask you to have heavy enforcement in the pedestrian areas, especially on south. of the river and north of l5th. You have a United Teachers of Dade building with a lot of older folks trying to get across Brickell. We have some new FDOT (Florida Department of Transportation) -- interesting group of guys -- who put a new type of signal in there. So I'm asking you, Chief, to step up enforcement. And Mr. Manager, I'd like to know if we can enforce by use of red-light cameras. Johnny Martinez (City Manager): We'll take a look at that. My intuition tells me probably no City of Miami Pane 108 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 right now, but we'll take a look at it. Chair Sarnoff: Go ahead, Commissioner Gort. Tice Chair Gort: At one time, we used to have a law of jaywalking. Because one of the problems that I'm having a lot of times coining out of the building, people walking into the -- between cars and they just show up in front of,vou, and that's kind of dangerous. I mean, we have crosswalk. People should learn that they should go to the crosswalk. Manuel Orosa (Chief of Police): We still do that -- Tice Chair Gort: Okay. Chief Orosa: -- Commissioner. We still have that law, and we can enforce that law, and we have when it absolutely necessary. And to follow what Commissioner Sarnoff was saying, we have done operations going after the vehicles that don't allow pedestrians to cross. Vice Chair Gort: Right. Chief Orosa: And we've cited over a thousand of those instances between last year and now. The -- we've done numerous operations and we've written, I want to say, close to 2,000 tickets -- Tice Chair Gort: Great. Chief Orosa: -- not necessarily all for that, but the great majority of that is for the people making that right turn in the pedestrian crossing. Vice Chair Gort: Failing to yield to a pedestrian, yeah. Chief Orosa: And there's an interesting video, I believe, on YouTube that tells what the problem is, that cars don't care. Vice Chair Gort: Yeah. Chief Orosa: They see a pedestrian, and they think they have the right-of-way, and they want to go. So what we do is we pick an intersection that we know there is a problem, and we have our plainclothes officers being the pedestrians and our motormen waiting for the car, and we write tickets that way. Chair Sarnoff: Thank you. Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. A couple questions. The last page, where you say pedestrian detail here and you have a total -- Was that your staff that did that? Chair Sarnoff: Yes. Commissioner Suarez: Congratulations. That's pretty cool. Chair Sarnoff: No, no. The pedestrian detail comes from the chief of police. Commissioner Suarez: Oh, okay. I was going to say. Chair Sarnoff • I'm sorry. And by the way, we've provided you guys -- this chief has been -- well, every chief -- well, it was Exposito -- I don't remember doing it with Timoney -- has been extremely robust and gracious about putting units on Brickell. And I think you have written City of Miami Pane 109 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 close to two -- I don't think the number's 2,000, Chief. ChiefOrnsa: Between -- Chair Sarnoff • I think the number's 8,000. Chief Orosa: Well, I don't want to be that -- Chair Sarnoff I think it's three years, and I think I could find the document. And as a matter of fact, 171 commit to doing so. But 1 think you've written 8,000 tickets since, I'm going to say, Exposito's term to today. You -- the -- you've been great. You need to be greater. You simply need to step it up again. That's my point. And Mr. Manager, if we can catch people turning into a pedestrian, that's the primary thing we should be doing. Thank you. All right. Commissioner Suarez: Mr. Chairman -- Chair Sarnoff • Oh, I'm sorry. Commissioner Suarez: -- I had two more things. Ijust wanted to say -- I wanted to commend you also for the little bumpers -- these little -- I don't even know what you call them, the little chevron -looking stop signs, for your innovation in that because I think these things work. Andl commend you, for finding the state law and kind of doing it of your own volition, which oftentimes, I think, as Commissioner, if we want to just kind of in a sense take the law into our own hands, but obviously you're not being a vigilante. You're actually following the law and putting that out there. Chair Sarnoff: Let me give you two commendations. First off, the idea absolutely -- and want everybody in District 2 to know -- did not come from me. It came from my chief of staff,Ron Nelson. And he apparently went to California, saw these all over California. Apparently, Sarasota had them. And then came the great plague, Commissioner Suarez. Will the County approve it? And we spent six months trying to convince the County that this was state law and six months showing them under the Greenbook this was allowed. And finally, the County said, yeah, put them up, hut we're not paying far them. Commissioner Suarez: Yeah, six months. It should have taken six minutes. Chair Sarnoff: Right. So I thought I'd give you a little history of how that happened. Commissioner Suarez: Andl think the third thing wanted to say on this issue is that it goes back to your last discussion item, which is when you're understaffed vis-a-vis, you know, other cities, one of the things that I've confronted a lot in the last, few days is people really pointing to New York. And you had pointed to New York in terms of having officers on the beat and just having more police presence. So what happens is, it also goes back to your broken window theory, you know. If you start doing the little things right and you have an increased police presence, then obviously, all kinds of crime, whether it's a traffic infraction or a break-in or a shooting, to a certain extent, are based on opportunity. And if you have more presence, then clearly, the opportunity is diminished. So, you know, I commend you for this. I -- you know, the -- I think the -- your discussion item has an impact on this as well because if we have more police officers, we're going to have less infractions, we're going to have less break-ins, we're going to have -- all the range of crimes, from the petty all the way to the most serious. Chair Sarnoff: And to the three Commissioners up here that shared the party, Mayor Giuliani wrote a book on exactly how to take hack a city, and I implore you -- I've read the book. I met Giuliani. I actually sat with Giuliani and asked him, when I first became Commissioner, what would you do? And I still have not been allowed to implement any of the things that Mayor City of Miami Page 110 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 Giuliani said that we should do. Commissioner Suarez: How long have you been here? Chair Sarnoff • What's that? Commissioner Suarez: How long have you been here? Chair Sarnoff Six years. But one of these days, we'll get code enforcement and -- all you need to do is read the first two chapters of his book, and it'll tell you how he went on a walk with the fire officers and how suddenly things that were suddenly opened were suddenly closed, and how it all started from there. And he was hated the first three years -- Vice Chair Gort: Of course. Chair Sarnaff: -- and loved by the fourth year. All right. You want to say anything, Commissioner? Okay. END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO D3.1 DISCUSSION ITEM 13-00376 UPDATE REGARDING THE TIMELY ISSUANCE OF THE AUDITED FINANCIAL STATEMENT ENDING STATEMENT ENDING SEPTEMBER 30, 2012. 13-00376 Timely Issuance - Audited Financial Statement FY' 12.pdf DISCUSSED Commissioner Carollo: And Mr. Chairman. Chair Sarnoff: You're recognized. Commissioner Carollo: And coming back to the regular Commission meeting items, can I take one of mine that I said I wanted to hear for sure -- Chair Sarnoff: Absolutely. Commissioner Carollo: -- and that's with regards to the audited financial statements. Chair Sarnoff: Sure. Commissioner Carollo: And it'll be brief. Chair Sarnoff: Which one is that? That's -- Commissioner Carollo: D3.1. Chair Sarnoff: D3.1, you're recognized. Commissioner Carollo: Thank you. And as von know, months back, we were told that we were City of Miami Page 111 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 D3.2 12-01486 not going to issue our financial statements on time. We spoke to the County with regards to bringing in additional help, bringing in additional auditors. They so graciously helped us out, and we have been working diligently with staff to see if we could issue our audited financial statements. And once again, I just want to ask the Administration if we're due to issue on time, which is March 31. Johnny Martinez (City Manager): Commissioner, we've been working around the clock to meet the March 31 deadline. I've been in several conference calls with the auditors, Ernst & Young, and our team, to make sure that they understand that that's a hard date and that people do whatever they have to do to issue the statement. Having said that, 1 want to issue a quality statement -- Commissioner Carollo: Unqualified. Mr. Martinez: -- unqualified statement. We need to turn in good information. I'd rather -- not that 1 want to be late, but 1'd rather be a day late and have good information that's with an unqualified statement than rushing through and make mistakes. But I think I'm cautiously optimistic that we can meet the March 31 date. We're working around the clock. We've turn in -- all the information into the auditors. Of course, they come back and ask us questions. For example, the depreciation of our capital assets, we turned all that in. But then they come back and they want the formula that we used to do that, so it's a continuous hack and forth, even though 1 believe we've turned in all our information. They'll ask questions and test things and ask, for more. So I'm cautiously optimistic that we can meet the March 31 date. Commissioner Carollo: Okay. And you understand the importance of this, correct? Mr. Martinez: Absolutely. Commissioner Carollo: Okay. I will -- again, I really think we need to issue our audited financial statements on time. I think we've done -- we've gone way out of our way in order to he able to make this happen. And, you know, I don't know what else to say. That's it. Thank you. DISCUSSION ITEM UPDATE REGARDING WORK PERFORMED BY OTHER GOVERNMENTAL AGENCIES ON CITY STREETS AND THE LACK OF ADEQUATE MILLING AND RESURFACING TO RESTORE STREETS TO THEIR ORIGINAL CONDITION. 12-01486 Update - Lack of Adequate Milling & Resurfacing Streets 03/28/13.pdf DISCUSSED Chair Sarnoff: All right. D3. -- Commissioner Carollo: Mr. Chairman, if we could go hack to 3 -- D3.2? Chair Sarnoff • You are recognized -- Commissioner Carollo: Remember, we were going to -- Chair Sarnoff: -- for the record. Commissioner Carollo: -- do it quickly. Thank you. And if you recall, a while hack I came to this Commission with the issue of governmental agencies actually doing work on city streets; yet, when it comes time for them finish, their milling and resurfacing of our streets haven't been to an City of Miami Page 112 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 acceptable manner. It hasn't been adequate, milling and resurfacing, leaving our streets back to a way that they were prior to the work being done. I have spoken to -- well, I brought it up to this Commission. I have spoken to -- I'm sorry. I have a hard time pronouncing your last name Zerry. I'll say, the director of Public Works. And we have reached out to the County. Water and Sewer -- and correct me if I'm wrong Mr. Director -- has -- I don't know if I want to say admitted -- but the bottom line is there are 466 city streets citywide which they have said, yes, the milling and resurfacing was not done adequately after we actually did the work. And this is important because what happens is that the residents really don't know or care who actually did the mad work and who's going to mill and resurface. The bottom line is, they're saying, hey, our road is in disrepair; we need it fixed. And that's where they come knocking at our door and say, hey, City, you need to repair this street. Look at it. It's a mess. The County, once again, have admitted to 466 streets in the City of Miami. Now, what does this mean, especially in revenues? Okay, ii _vou see, this is exactly what I'm talking about. Water and Sewer actually made some Ow of repair here; yet, when they finished, they didn't mill and resurface correctly. Well, they have agreed to now mill and resurface and fix these streets that were originally in good repair order, in good working order, and, unfortunately, due to their work, was caused to have the disrepair. This one they actually did. Okay, what I am showing you is this. In that street that you saw, the residents had called me and asked for it to he repaired. What you're seeing here is a project analysis form which stipulates how much disrepair was going to cost us and the CI -- the CIP (Capital Improvements Program) Department and us, the City of Miami. It was going to he an amount of $55,026. Now, let me he straight also. In all these repairs, you always put some type of catchall that milling and resurfacing, including driveway approaches, some (UNINTELLIGIBLE) curb or gutter replacement or damaged sidewalk replacement, if needed. I could tell you, in the street, there was none needed. So these $55,000 was what it was going to cost us for the mill and resurfacing. _If calculate that with 466 streets, you're talking over $25 million in savings that we just did. So, Zerrv. Nzeribe Ihekwaba (Director, Public Works): Yeah, just a point of clarification. The 466 locations are locations, not streets. Commissioner Carollo: Okay. Mr. Ihekwaha: So oftentimes, you will have three installations within the same city block, which would trigger the restoration to be for the entire city block. Commissioner Carollo: For the entire city block. Mr. Ihekwaba: City block Commissioner Carollo: Like it happened right here. Mr. Ihekwaba: Yeah. Commissioner Carollo: Okay. Exactly what happened here. So the repair would have been $55, 000. Yes, take away $5, 000 for some minor gutter work or so forth, which, by the way, we have driven by that street. We have taken all the pictures beforehand and there was no need far curb, sidewalk repair, so it was really going to be mill and resurfacing. And what I'm saying is, the department of Water and Sewer -- which, you know, we're very appreciative -- did come and they repaired the street, did mill and resurface, as you saw, and that was a savings of $55, 000. If you, more or less, multiply that by 466 streets, it's quite significant, and we counted here over $25 million in savings that now we don't have to spend far the City of Miami purse. So I just wanted to give you an update on that. Mr. Ihekwaba: Can I comment? City of Miami Page 113 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 Commissioner Carollo: Sure. Mr. Ihekwaba: Good afternoon. Zerry Ihekwaba. Out of the 466 locations, the County had notified the City that it has completed restoration at a total of 187 locations as (Oast Friday. They do have 214 locations already assigned to the contractor to address, and the remainder of sixty -something locations are still being processed for assignment to the contractor. So I think we're on track. Johnny Martinez (City Manager): Zerry, can you -- Commissioner Carollo: Thank you. Mr. Martinez: -- do me a favor? You said that the County's already agreed to mill and resurface the stretches -- Commissioner Carollo: Yes. Mr. Martinez: -- or roadways that they've damaged. Mr. Ihekwaba: According to the City standards -- Mr. Martinez: Okay. Mr. Ihekwaba: -- sometimes some of the locations are simply diagonal cuts so it doesn't require them to -- Mr. Martinez: No, no, listen to my question. Pick one that's pretty linear, two or three blocks long, and then ask them what -- get -- what their plans look like -- Mr. Ihekwaba: Okay. Mr. Martinez: -- what their construction time was, and what their design plans look like so we can get an idea of what it takes the County to mill and resurface three blocks or whatever. Mr. Ihekwaba: Sure. Commissioner Carollo: And I'll go a step further. There's an additional one that work was done and they did do milling and resurface. They did a better job than normal. However, this was a street that was mill and resurface about five, six years ago so, you know, it's not to the standards. And it's on lath Avenue, Southwest 13th Avenue, and about the area of 15th Street. And 1 don't know if my office has already called you on that. Mr. Ihekwaba: I believe this is the water main installation on -- Commissioner Carollo: Yeah. Mr. Ihekwaba: -- Cuban Memorial Boulevard. Commissioner Carollo: Yes. Mr. Ihekwaba: That job is not completed yet. Commissioner Carollo: Okay, okay. Mr. Ihekwaba: Okay. So they just finished installation, pending approval from Department of City of Miami Page 114 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Health to satisfy the water maintenance fee to be placed in service, then they would have to come back and do the final restoration. Commissioner Carollo: Okay. And -- Tice Chair Gort: Zerry. Commissioner Carollo: -- I'm glad you're saying that, Zerry, because I'm on top of it and I'm saying, you know, one instance they're coming hack and actually milling and resurfacing. Mr. Ihekwaba: Yes. Commissioner Carollo: And another they're continuing, you know, the old practice. So I'm glad you're saying that. Mr. Ihekwaba: Yes. Vice Chair Gort: Excuse me. Ifyou all remember, we started discussing this about four month ago in our office and that's when you started talking to the County and the County started doing -- so they already done how many? Mr. Ihekwaba: They have already completed 187. Commissioner Carollo: One eighty-seven. Vice Chair Gort: I've seen they done some in my neighborhood. Mr. Ihekwaba: Yes. Commissioner Carollo: Right. Mr. Ihekwaba: What happened was after we had discussed -- Vice Chair Gort: Yes. Mr. Ihekwaba: -- Public Works had prepared a compilation of 467 locations and notified Water and Sewer. Unfortunately, at that time the County didn't have a contract in place to address this Vice Chair Gort: Right. Mr. Ihekwaba: -- which was the reason why they had so much backlog over a three-year period. Vice Chair Gort: Right. Mr. Ihekwaba: So now 1 think we have a plan in place. Vice Chair Gort: Thank you. Commissioner Carollo: And thank you, Mr. Director. Mr. Ihekwaba: Thanks. D3.3 DISCUSSION ITEM 13-00165 City of Miami Page 115 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 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 DISCUSSED Chair Sarnoff. All right. Commissioner, actually you're here, so you want to do your district items? Commissioner Carrillo: Yep. Chair Sarnoff.• You're recognized for D3.2. Commissioner Carollo: Thank you. And if we could skip that one and go into D3.3, only because I'm having the staff come with a little presentation for D3.2 so if we could start with -- Chair Sarnoff: You're recognized far the record. Commissioner Carollo: Thank you. Commissioner Spence -Jones: Three point three? Chair Sarnoff: Three point three. Commissioner Carollo: Three point three, and it's regarding the CIP (Capital Improvements Program) process. I think you've all heard me quite a hit mention as far as the process, it's way too long. Sometimes when we pass a project, CIP project in the City Commission, it takes over a year hefore it even breaks ground. I've given several examples. And I just want to follow up. And, again, this isn't all going to be fixed right now, this discussion item, but I want to take it piece by piece. And 1 appreciate the CIP director being here. And there's a project that was passed in the January -- in the first meeting in January. And, again, I'm following the process so we could pretty much see what's -- you know, what's the holdup. In the January 1 meeting, we passed several said B projects, one being B30749, and a subsection of that is S30749-01. Now, according to our timeline that you have provided to us, the plan design start was supposed to he March 1. First of all, what takes so long from the first meeting in January to March 1 to actually start the planning, the design, the plan design? Mark Spanioli: Commissioner, Mark Spanioli, Capital Improvements director. For the most part, what takes so long to start the design is that once we appropriate the funds, the -- Commissioner Carollo: And I'm sorry. And -- 'cause I want to make sure I have clear understanding. When you say once we appropriate the funds, that means Commission meeting -- Commission approves the appropriation, correct? Mr. Spanioli: That is correct. Commissioner Carollo: So that was at January -- the first meeting in January, so it was January 12, 14th, 18th, somewhere around there, correct? Mr. Spanioli: I did not have a chance to prepare. I don't have those notes with me, but I'll take your word that it was within January, so let's go from there. So -- Commissioner Carollo: I have February the -- we got February -- so a month and a half to start the planning, correct, which, by the way, it didn't start on March 1. But I just want to see, you know, if it would have started on time, how -- what takes a month and a half. City of Miami Page 116 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 Mr. Spanioli: There are a couple of things that happen or a few things that happen. The first thing is the funding appropriation needs to be loaded into Oracle. That occurs by the Budget Department. Commissioner Carollo: Okay, so Budget. Okay. Mr. Spanioli: At the same time, we are requesting a survey of the -- in this case, the street project, so we got to get a survey done -- Commissioner Carollo: Okay. Mr. Spanioli: -- which requires us to get a scope of work and a fee proposal from the surveyor. Once we do that, we issue a purchase order to the surveyor for them to go ahead and do the survey. Once the survey's completed, then we're able to have our engineering consultant -- in this case it's a roadway project -- start the design work. Commissioner Carollo: So what you're saying is that in all projects, it's just -- it should take at least a month and a half between the budget loading into Oracle and then getting a survey or a purchase order for a survey? Mr. Spanioli: A survey normally takes about two weeks to get prepared once a purchase order is issued. So in all fairness, a month and a half is about the realistic time frame far the actual design to begin. Commissioner Carollo: Okay. Now, it actually -- this was your time frame that you all put in. It didn't get done by March 1. Mr. Spanioli: Okay. Commissioner Carollo: I'm not actually sure where we're at, but let's just go hack. If it would have started in March 1, it says that the plan design end date is June 1. That's three months. A design is supposed to take three months? Mr. Spanioli: Remember that there's -- yes, there's multiple components to the design. Commissioner Carollo: Could you elaborate? Because, again, three months to me just seems -- you know, for a regular nailing and resurfacing, minor curb replacement -- Commissioner Suarez: 1 second that. Commissioner Carollo: -- you know, so three months -- by the way -- and again, the planned design date, it did not start on that date so we're already late. But with that said -- Commissioner Suarez: We're four and a half months into it. Commissioner Carollo: Yes. Commissioner Suarez: Design and -- Commissioner Carollo: Right. Now -- Commissioner Suarez: Supposedly. Commissioner Carollo: Exactly. Now, within that, you're saving it takes three months for a City of Miami Page 117 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 simple design? And, yes, I'm saying simple. Maybe it's not as simple. But you're talking milling and resurfacing, minor curb replacement, and auger hole remediation. So you're saying three months is the average? Mr. Spanioli: Fair enough, Commissioner. I think three months is a conservative date based on the fact that -- our certain amount of workload we have right now, the -- depending on the scope of work; besides for the planned preparation, we have to do our utility locates to make sure there's no utility conflicts. That takes some time. We have to send out requests to all utility companies to get the (UNINTELLIGIBLE) of -where the utilities are so that we can make sure we're not conflicting when we do drainage. There could be a utility conflict. And then, in addition so that, there's the permitting between City Public Works and County Public Works. Commissioner Carollo: And all that takes (UNINTELLIGIBLE) time. Mr. Spanioli: And that's within design time, that's correct. In some instances -- just -- let me he clear. Well, if you want to continue -- 1 know you're asking about a specific example. Commissioner Carollo: No. It's just that -- you know, it's mindboggling that -- Listen, this is simple milling and resurfacing, some curb work. I just don't know how the heck they built Marlins stadium in two and a half because, with these time frames, I mean, we should be waiting I don't know, 20, 30 years from now for them to finish Marlins stadium. So I don't see how they were able to build that stadium in two and a half years; yet, for milling and resurfacing some roads, it's taking us -- at the rate this is going, it's going to be a year. Mr. Spanioli: Commissioner, let me be clear about a couple of things. One is that if we're just going to do milling and resurfacing -- we're working on right now a piggyback contract with the County so that we can do a -- just direct milling and resurfacing projects much more quickly without the necessity to do, full on engineering design plans. But let's be clear about that, okay. As a professional engineer, when we have a project, a roadway project, when we go out to look at the site and scope out the project, if we see that there's milling and resurfacing that needs to take place, such as curb repairs, drainage improvements, and so forth., we can't simply just go out and do a milling and resurfacing project. It really wouldn't be technically appropriate. So we have to he very careful when we're ready to do a milling and resurfacing project. At the same time, once we do a milling and resurfacing and we're under moratorium, then we can't do future work there for a couple years. So it's very important, for us when we're out there to look at the entire scope. If funding's available, obviously, that's something to consider as well. But we are working on new mechanisms to speed up the process. I agree, in some cases it does seem like a long time. If it's a full design project where reconstruction and drainage and so forth, that is going to take several months. If it is simply a milling and resurfacing project, we do need to improve our time frame. Commissioner Carollo: Yeah. And this isn't drainage. This isn't, you know, all the other stuff. I mean, this is pretty simple stuff And it's not even replacing all the curbs. It's just saying, you know, when replacing minor curbs when needed. So, I mean, I'ni just seeing this time frame, we got to improve on it. And then, you know, we go to the next phase after a design, you know, and how long is that going to take. 1 didn't even get a -- 1-- it wasn't even written in here how long it would take. Mr. Spanioli: The example that you're using is Citrus Grove? Commissioner Carollo: It is Northwest 17th Court, between Northwest 1st Street and Northwest 3rd Street. Mr. Spanioli: What's the B number again? I'm sorry. City of Miami Page 118 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Commissioner Carollo: B30749. And, yes, you have it as part of Citrus Grove roadway improvement. Mr. Spanioli: That project does include drainage improvements. Commissioner Carollo: Not this one. Mr. Spanioli: Okay. Commissioner Carollo: Not this one. Mr. Spanioli: Okay. Commissioner Carollo: Okay. It does not. And, again, I'm just -- Listen, what I'm trying to do here is just have a good discussion and see how we can improve the way we do the CIP process. 1 mean, I want it to be somewhat positive. Unfortunately, my frustration with a lot of these projects have been ongoing for many, many years. I think some of the Commissioners have expressed the same notion. And the bottom line is, it's difficult for me to explain to the residents that have to deal with these issues, these, you know, streets in disrepair day after day after day. And it's hard for me to explain how Marlins stadium was built in two and a half years, how we had a McDonalds knocked down and fully reconstructed in 45 days, 50 days; and yet, it's taking three, four, five, six months, even more -- and some of these roads has taken year and then plus, and we still can't fix, you know, what, in the eyes of everyone, you know, in laymen's term is, you know, minor repairs as compared to major construction. So I'm just trying to work with you, work with the Administration so we could better this process and put on the record why it does take that long so that when I tell someone well, we -- I did my job. I approved it at City Commission. I brought it to my colleagues and it was approved. It has taken a month and a half -- which really is longer. I'm not sure where we're at now. -- a month and a half for it to go in design phase and now aft -- when it started, it took three more months for a design. I need to be able to explain that to them. And for them to say, you know, this bureaucracy with government, I mean, it's -- you understand what I'm saying? Mr. Spanioli: Yes, sir. Commissioner Carollo: So I'm putting it here on the record. Ion actually, you know, coming to you so the residents out there can see what we, as Commissioners, are dealing with. And I'm really, in good faith, bringing this so we could fix this problem and expedite all these projects, you know. I'm really doing this out of good faith so we could have a discussion and find how we could -- and find some solutions to the problems that we're having. With that said, I mean, I don't know. 1t appears like you're already thinking of ways to solve and making at least milling and resurfacing something that can be expedited. At the same time, you know, we're going to he going on four, four and a half, five months on one project and I don't even know the next step. What's the next step after design? Mr. Spanioli: After design and permitting, if fit'.s going to he a JOC (Job Order Contract) contract, we go ahead and issue that to our JOC office to prepare the -- what we call a JOC Book, which is basically the estimate and takeoff to do the work and follow by construction. Commissioner Carollo: And how long would that take, that JOC process? Mr. Spanioli: Our JOC process is 14 days. Commissioner Carollo: Fourteen days. Okay. So when the design is over and I am told we're going to JOC, I should expect that within 14 days, within two weeks, we should have someone breaking ground? City of Miami Page 119 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 Mr. Spanioli: lf our permits are in place, yes. Commissioner Carollo: Okay, if our permits are in place. Explain that to me. After the design, you have to request permits from the City and the County. Mr. Spanioli: That's correct. Commissioner Carollo: Okay. How Long does that usually take? I understand, with the County, it's a different government agency. How 'bout with our City department? Mr. Spanioli: Our City department is within five days. Commissioner Carollo: Within five days. So it's well within the 14 days that it would take for the JOC, correct? Mr. Spanioli: Sometimes -- Commissioner Carollo: Or you're say -- Mr. Spanioli: -- we can do that subsequently. Sometimes we can't. We like to he sure that there are no plan changes 'cause then we got to go back to the JOC to revise the estimate. Johnny Martinez (City Manager): Once you do the JOC, construction doesn't start immediately. Now you got to get the book, pick the contractor and work with him, and then he starts later. So it's not even -- right -- it's not on the 15th day. Mr. Spanioli: Technically, it's not on the -- Mr. Martinez: And he's got to procure the equipment and all that other stuff, so you're not going to -- I just want to clarify. You're not going to break ground the next day. Commissioner Carollo: No. And, Mr. Manager, you know -- and by the way, at the last meeting when you had to leave for your therapy, you know, 1 commended you because, you know, yes, when it comes to the CIP, a lot of public works and stuff like that, you've been very key and very helpful with your knowledge as an engineer, and that's why I want to -- I'm glad that you're chiming in because, in all fairness, Mr. Spanelli [sic] -- I'm taking you at your word, and what's going to happen is there's going to he friction because I ani going to he told by the Administration {-ire're going to JOC,"and I'm going to think, okay, 14 days. Fourteen days come, I'm going to start hearing all these excuses and I'm going to say, whoa, wait a second. That's not what I was told. And that's why I'm going through this process. And, listen, look, I know it's mundane. I know -- but that's n'hy I'm doing it, and that's why I'm glad you're chiming in because I want to know what is the process. I want to know what to expect. Because if we go to JOC and I tell the residents, by the way, in two weeks this should he starting, and then it's not two weeks, it's not a month, it's not a month and a half. And they start coming hack to me, Commissioner, you promised. Who looks bad, you know? Not to mention that we should provide services, good services, you know, adequate services to our residents. So let's go back then with regards to the JOC, 14 days. What happens after those 14 days? Where are we in the process? Mr. Spanioli: After the 14-day period, that's basically when our JOC group has prepared the JOC Book or the estimate for the project. At that time it handed over to the JOC contractor, the one that we select. They review the JOC Book. They take a look to see if they're in agreement with the unit cost and the unit -- the quantities far the items there, and then our JOC office takes another look at it to make sure that nothing's changed. And at that point, a purchase order is issued to the JOC contractor for that work that needs to be done. City of Miami Pane 120 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 Commissioner Carollo: When do they break ground? Or does anything happen? I heard permitting. Permitting in the City is five day, you're saying, so I don't foresee a problem there. What about the County, what's usually the County? Mr. Spanioli: The County, we usually do that alongside when we do the City. Commissioner Carollo: Okay. Mr. Spanioli: Similar time frame, five days; sometimes, at most, ten days. Commissioner Carollo: Okay. So within those four days -- 14 days, I'm sorry, you get a JOC contractor on hoard, you issue a the PO (Purchase Order), okay. What happens before you break ground? So what ani I -- and I'm saying what happens, I'm looking at time frames? Mr. Spanioli: The Manager's right. It's probably 14 days to do the JOC Book and probably another 14 days before they actually start working. Commissioner Carollo: We're talking a month? Mr. Spanioli: That's correct. Commissioner Carollo: Okay. So from the end of design to breaking ground should be a month? Mr. Spanioli: From the end of permitting to the breaking ground, rill's a JOC project, it should be about a month. Commissioner Carollo: Okay, so a month. From the end of design to breaking ground, should he a month. Mr. Spanioli: From the end of permitting -- Commissioner Carollo: Okay. When do we start permitting at the end of design? Mr. Spanioli: At the end of design. Commissioner Carollo: Okay. So at the end of design we start permitting. Mr. Spanioli: Right. Commissioner Carollo: And the/ we go to JOC -- Mr. Spanioli: That is correct. Commissioner Carollo: -- which should take about a month? Mr. Spanioli: That is correct. Commissioner Carollo: Okay. Commissioner Spence -Jones: But that's assuming that -- Tice Chair Gort: (UNINTELLIGIBLE). Commissioner Spence -Jones: -- on the design -- no, but I'm saying that's assuming that whoever City of Miami Pane 121 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 Mr. Spanioli: That's also assuming that there was no issue with the permitting, meaning that there were no comments that canoe back that we need to revise and then resubmit for final permit. Commissioner Spence -Jones: And I'm just telling you -- Commissioner Carollo: Okay. Commissioner Spence -Jones: -- that becomes an issue. Commissioner Carollo: Okay. Mr. Spanioli: And that's a possibility. I paean, it -- Commissioner Spence -Jones: I mean, lye been trying to get a (UNINTELLIGIBLE) with then now far -- Commissioner Carollo: And we're talking -- Commissioner Spence -Jones: -- two years and -- Commissioner Carollo: Okay. But I'm even taking best -case scenario because in best -case scenarios, I've seen a year, year and a half. Now that's JOC. What if we do not go with JOC? Mr. Martinez: When -- can -- let's not leave JOC for a second. Commissioner Carollo: Okay. Mr. Martinez: First of all, we're discussing the process for a simple milling and resurfacing and some minor curb replacements -- Commissioner Carollo: Right. Mr. Martinez: If -- that doesn't require deep excavations or anything, so utilities shouldn't be a problem. If it's another type of project, a little bit more complicated -- Mr. Spanioli: That's correct. Mr. Martinez: -- with new drainage, the contractor has to secure the pipes, clear utility, get approvals from the utility companies that go mark the utilities and say yeah, you can dig here, that takes longer. For a simple milling and resurfacing we're probably on track. If -- in these type of projects, I would -- I wouldn't put them out to hid, which was your next question, 'cause there's kind of the small -- you don't have the luxury of getting a price -- a better price by volume 'cause it's usually one or two streets -- Commissioner Carollo: Got you. Mr. Martinez: -- you get in and you get out. What -- you know, on bigger projects, like you do on the Turnpike, you have miles and mines and nothing ibr miles and you get a great price on the milling and resurfacing 'cause the contract starts at point A; goes far five miles, point B; comes back the next day and resurfaces. This is kind of like spot work, one or two intersections. They mobilize. It's labor intensive, and then they have to get out. So the prices for the type of projects the City does is usually a little bit higher because the volume of work is -- the continuity of the volume of work is not there. But, yes, we're just talking straight milling and resurfacing, some City of Miami Pane 122 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 curb -- Commissioner Carollo: Minor curb. Mr. Martinez: -- changes. And I don't know -- what's the -- the vertical auger, what's that? I don't even know what that is. Mr. Spanioli: I'm sorry. Say that again. Mr. Martinez: The Commissioner mentioned that the scope included a vertical auger. Mr. Spanioli: No, the auger holes. We have those -- the drainage systems that were put in over the last ten years that we're remediating now. Mr. Martinez: Right, making them deeper. Mr. Spanioli: Well, no. We're actually eliminating and putting infiltration trenches because -- Mr. Martinez: Okay. Now, when you do the infiltration trench, that gets a little hit more complicated. Mr. Spanioli: The Manager's right, any time you have any drainage, then you have to order drainage structures, there's shop drawings; the drainage structures are custom. This is not something you just get off the shelf. You know, whenever there's drainage involved, it's a different project. The time frame's going to take longer. This is strictly milling and resurfacing and minor curb replacement. He's right, absolutely right. Commissioner Carollo: Three more things. Number one, what 1 want to do -- 'cause 1 hate taking the time of everybody here because the truth of the matter is -- you know, I know this is a mundane subject, but it's extremely important. And I think -- Commissioner Suarez: It is important. Commissioner Carollo: -- our resi -- it's important to our residents. What I would like to do is meet with you, with the Manager and staff, go over some of these projects. And, yes, a lot of them are minor, you know, minor drainage, minor curb, and mill and resurfacing, so they should, in my opinion, move quickly. What I want to do is some of these, I want to be able to discuss with you, discuss the process that we just spoken [sic] about to see where we're at, and then maybe in the second meeting of April, bring this hack to see, you know, where we are, are there better solutions, are there any suggestions. You mentioned about some type of either piggybacking on a contract with the County for milling and resurfacing. But, you know, I really think that we need to continue working on this. I just don't want to do it every Commission meeting. But I want to bring it back in the second meeting in April so we could actually discuss, see where we are in the process, see -- and actually, I'm walking -- if noticing, some of these projects, I'm walking it step by step to see exactly what you're telling me, what I'm experiencing, and be able to somehow bring some solutions to this -- 1 want to say lack of time management in CIP projects. So that's the first thing. Mr. Spanioli: We're happy to meet with. you, Commissioner. We have a number of ideas that we're implementing and continuing to come up with strategies to reduce the time. There's no reason why we can't operate as efficiently as private sector. So I'm. happy to meet with you and go over those things with you. Commissioner Carollo: Second item, and I know Danny -- Mr. Alfonso mentioned it to me, I guess, like a week or two ago. He wants to be able to participate because I still do not have the City of Miami Pane 123 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 numbers thatl had requested with regards to all the different pots, the amounts that are there, and that's -- to me, that's like Johnny, who's an engineer, saying, hey, we need milling and resurfacing, changing the curbs, approaches, and minor drainage. And he says, okay, where are the plans? And I say what plans? There is no plans. Just do it, you know. So me driving like this with regards to CIP projects, not knowing the different accounts and what monies they have, what monies they use, and CIP not being able to provide that information, which I think is rather simple, it's very disturbing to me. So between now and the next meeting, maybe the second meeting in April, I want to meet with you and Danny, whoever you have in your Finance Department of CIP finance, whatever, and let's see if fwe could actually, for once -- and I've been at this for months and months and months. 1 need those figures. Mr. Spanioli: Commissioner, we're happy to meet with you. I -- the last package I provided to you, I believe, provided everything you just asked for -- Commissioner Carollo: No. Mr. Spanioli: -- maybe not in the sequence that you'd like it. But we're happy to meet with you and go over it. Mr. Martinez: That's why the next meeting is going to be valuable 'cause we'll be able to untangle it and put it in the -- in a way that we could started with so much, we used these projects, this is what's left, and Danny's going to help -- Mr. Spanioli: Okay. I think that would be great. Mr. Martinez: -- put that -- take that puzzle, unravel the puzzle, put it together. Commissioner Carollo: Okay, right. Because 1 think the Manager and I spent many, many meetings already, many hours explaining what I need. It's really not that difficult. And Danny -- and I think they both understand what I need. And you will see, once you understand what I need, I have not received the information, which, again -- you know, I'll leave it at that. There was one other issue and right now it -- you know, I drew a blank on it. So, at least, let's start with that. And if not, the next Commission meeting, definitely the one after, second meeting in April, 14n going to put the item once again so we could discuss the process, okay. Mr. Spanioli: Look forward to meeting with you, Commissioner. Commissioner Carollo: Likewise. And thank you. Mr. Spanioli: Thank you. Commissioner Carollo: Thank you for your help. D3.4 DISCUSSION ITEM 13-00167 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 April 11, 2013 Commission Meeting. Commissioner Carollo: Mr. Chairman. City of Miami Pane 124 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 Chair Sarnoff: You're recognized. Commissioner Carollo: Thank you. I want to continue -- I want to defer D3.4. It's regarding the financial integrity principles. We spoke a lot today about that. 1 think it'll be better in line if we discussed it next Commission meeting. Chair Sarnoff: You don't need a motion on that, do you? Commissioner Carollo: No. Chair Sarnoff • All right. D3.5 DISCUSSION ITEM 13-00377 DISCUSSION ON PIRATE TOWING. 13-00377 Email - Pirate Towing.pdf DISCUSSED Commissioner Carollo: And then nay last item is discussion on pirate towing. If you remember, we've spoken a lot with the towing companies. We actually had a workshop. We haven't had an additional workshop like, you know, we had spoken in the last Commission meeting or the one before. But one of the issues that arose was pirate towing. And I contacted our police chief and Commander Alberto Alberto with regards to what can we as a city do in order to prevent these private towing and somehow enforce our current ordinance and our current policies so we do not have these pirate towing -- or towers hinder the ability of the regular towing companies making money. They've come to us quite a few times. And when I say they, I mean the towing companies. And they're saying this is an issue. So 1 want to see if we could address this. And 1 know I met with the chief and Commander Alberto Alberto, and there was a couple of ideas that they had and I want to discuss it, have an open discussion. And if anyone has any other ideas, you know, by all means, let's bring them forward to see how we could, you know, show good faith and actually, you know, tackle a problem that may be occurring. Manuel Orosa (Chief of Police): Good afternoon again. Commissioner Carollo: Chief with regards to pirate towing, I know the commander suggested some -- you know, some solutions to mitigate the private towing and I want to have it in a public discussion. I know one was educating our officers, our police officers at roll call, and the other was having the dispatchers give the towing name of the tow company or tow truck that's actually going to tow vehicles so the police officers on the scene would know and can see if there's another pirate towing company coming to ton' these vehicles. Could you elaborate on that? Could the commander elaborate on that and see when we could start implementing this? Chief Orosa: We already started with the roll call training on that and advising the dispatcher of giving the name of the company that's supposed to show up in order to try to curtail a little hit of the private towing. And we're also establishing a cheat sheetfor our officers so that they can go by to see what towing company belongs in what area and they can take some type of action if they do show up, keeping in mind that when you're involved in an accident, we have no right to tell the people involved in the accident what towing company. Because if get involved in an accident and your brother happens to have a towing company, you know, you can call your family member to come pick up the car, so we are limited by that. But, yes, we will -- we have started training our officers, we have started with the dispatching, and we will proceed to do more of the undercover type of situations trying to arrest these rogue towers. Commissioner Carollo: Thank you, chief: City of Miami Pane 125 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 Vice Chair Gort: May I ask a question, chief: If the person belongs to AAA (American Automobile Association), can their -- they can call the AAA and they can --? Okay. Chief Orosa: The person can call anybody they want. The wrecker is the one that cannot solicit the tow. Vice Chair Gort: Right. Okay. Commissioner Carollo: And what's happening is they're acting somewhat like an ambulance chaser. In other words, as soon as -- Vice Chair Gort: You got them going up and down I-95. Commissioner Carollo: Right. They have a dispatch -- they have the -- I forgot what you call -- Chief Orosa: Scanners. Commissioner Carollo: The scanners. They have the scanners. They see an accident, they go over there real quick -- and it's like an ambulance chaser -- and they'll say, hey, do you need a car to he picked up and, you know. Mr. Martinez: And they know the high incident locations and they hang around there. Commissioner Carollo: Right, exactly. Chief Orosa: And most of them, since -- Chair Sarnoff • They sound like laviyers. Chief Orosa: -- they're in the business -- Chair Sarnoff: They sound like lawyers. Chief Orosa: And most of them, since they're in the business, they know our rates. Commissioner Carollo: Right. Chief Orosa: So they'll go out there and they will -- Johnny Martinez (City Manager): Now they're really (UNINTELLIGIBLE). Chief Orosa: -- lowball -- Commissioner Suarez: Undercut. Chief Orosa: Exactly. -- our rates to get the deal. Commissioner Carollo: Okay. So I just want to make sure that we're addressing the issue, let the towing companies know that, you know, the issues they have with that is being addressed. It's not going on deaf ears. Chief Orosa: No. Commissioner Carollo: And, you know, hopefully, this will bring solutions to the problems that City of Miami Pane 126 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 we're having with pirate towing. Chief °two: Yes, sir. Commissioner Carollo: Thank you. Vice Chair Gort: Besides that, can I elaborate on that a little bit? Commissioner Carollo: Sure. Tice Chair Gort• My understanding, the last time the towing company representatives were here, remember, we tried to pass an increase and they didn't accept it. They wanted to see a new RFP (Request for Proposals) where they don't have to put the $25, 000 or $50, 000. My understanding, was that they wanted -- and a new RFP without those fees. So I don't know if that second meeting took place or -- Commissioner Carollo: Well, what happened is, I think it was withdrawn and they're going to do a -- some type of -- Mr. Martinez: Another workshop. Commissioner Carollo: -- workshop and they're in the workings. Mr. Martinez: And I'm going to be personally involved in the workshop -- Commissioner Carollo: Right. Mr. Martinez: -- and bring in some of the -- Commissioner Carollo: Right. Mr. Martinez: -- ideas that we have to reduce the pirating, which increases money in their pocket, and maybe they can, you know -- Commissioner Carollo: Exactly. But in the meantime, you know, these are things that n'e could address that were issues that they brought up. Mr. Martinez: Right. Commissioner Carollo: Thank you, guys. Chair Sarnoff: Thank you. END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES City of Miami Pane 127 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 D5.1 13-00361 DISCUSSION ITEM REPORT ON SWORN OFFICERS CURRENTLY PERFORMING ADMINISTRATIVE FUNCTIONS. 13-00361 Email -Sworn Officers Performing Administrative Functions.pdf DISCUSSED Chair Sarnoff All right, Commissioner Spence -Jones, you're recognized for -- Commissioner Spence -Jones: Thank you. Chair Sarnoff: -- I guess D5.1. Commissioner Spence -Jones: Right. And I don't have a -- some of these I'm not going to deal with, but I71 deal with the first one. I know this is far the chief in reference to the current sworn officers that are performing administrative duties. I'm not really sure if all of my Commissioners have had an opportunity -- or my colleagues have had an opportunity to see the list. It's about 30 officers, close to 30 officers that are basically doing administrative duties. And I -- the chief -- and I'll pass it down -- and the chief was able to provide kind of what they're doing and, you know, what their roles are. I'm -- I don't run the police department. I trust that you know what you need and why you need it. The only reason why I even suggested to, once again, look at those officers, I wanted to know how many officers that there were. If we are having an officer shortage, even if it's from a temporary standpoint, if we can get some of those officers back on the streets, at least that would help us fill some of the holes or the gaps. But if feel confident in keeping them where they are, I respect and I trust your opinion in doing that. But just so you guys know, it about 30 officers that are on administrative duty. Any comment you want to make on it? I mean, I would like to say can we take ten of those? But, you know, I don't avant to tell you how to run your department, but I appreciate the report. Manuel Orosa (Chief of Police): Like I mentioned in the previous Commission meeting, one of my first things when I came on board is I took a look at our organizational chart. And every possible officer that could he sent out to the streets, we did send them out. It was a total of, I believe, about 33, 34 that we did that. And we haven't replaced those officers. A lot of the so-called administrative functions are functions that some of them require some type of police experience so that you exactly know -- for example, one of the situations here is professional compliance. They are the ones that maintains all the files that -- the accreditation every three years come down and they take a look at us and they accredit us. Well, if you don't know what's supposed to he in the files as a police officer, you really do not know how to handle that or where to go lookfbr the information that belongs in the files. Commissioner Spence -Jones: Right. Chief Orosa: So that's one issue. Property, we have some people there, but we have to have some sworn there. Those are CALEA (Commission of Accreditation ofLaw Enforcement Agencies) requirements, that we have to have sworn people that are doing the audits of the money and stuff like that and guns and -- Commissioner Spence -Jones: Yeah. Chief Orosa: -- things of that nature. And you know -- Commissioner Spence -Jones: So Pm fine with the ones you gave me -- City of Miami Pane 128 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 D5.2 13-00362 Chief Orosa: Yeah. Commissioner Spence -Jones: -- (UNINTELLIGIBLE), and I don't know if they have any questions on it. You guys have any questions on them? Chief Orosa: Sure. Commissioner Spence -Jones: It was something that was brought to my attention and you provided me with information and I trust your ability to make the right decisions on that. Chief Orosa: Thank you, Commissioner. DISCUSSION ITEM REPORT ON KEY PERSONNEL IN THE DROP. 13-00362 Report - Key Personnel in the Drop.pdf 13-00362-Submittal-Memo-Police Dept. Staffing Levels 03-12-13.pdf DISCUSSED Commissioner Spence -Jones: I'm going to move to D5.2, which is the report on key personnel in the DROP (Deferred Retirement Option Plans). Everyone should have gotten a copy of all of the personnel that's in the DROP. One of the things that I noticed is that we do have, you know, several people from the police department that will he leaving and that's, I'm sure, going to open up some additional holes because, of course, I'm sure some of those sworn officers are going to be going fbr some of these positions, correct? Manuel Orosa (Chief of Police): Correct. As people leave the police department, we will do promotions and people will move into new positions and they will -- some of them have some knowledge of what the job entails and others will have to he quick on their feet, like I had to he when I took this joh, and others that came before them so. Commissioner Spence -Jones: Okay. And that was my only -- I know that Commissioner Gort had some questions on this, the issue of the DROP. Vice Chair Gort: No. Mainly what it is is the -- we're going to discuss -- one of the things I've been asking the ER (Employee Relations) and they've been working with us and the directors of the different departments, if you can come up with ideas -- and we're going to have a meeting on Monday, the labor relation committee, which I'm chairing, and we're going to discuss different alternatives that we have. At the same time, I put a lot of emphasis in education. I think each director knows when the people are leaving. You know when everybody's leaving, so you should be -- have a plan in place to make sure you can replace those people. And if you need to give them some education -- I want to create incentive for the people that workfor the City ofMiami that they have hope that they can become director, they can go up the ladder. I think that's a lift for the morale. Instead of bringing people from the outside, train our own people to go up, and hire people at the lower level. Commissioner Spence -Jones: All right. So -- Vice Chair Gort: Now, the question that had is we have three different substations. All those substations, do they need the same administration you have in the central district? Chief Orosa: Do they what? Vice Chair Gort: You have -- City of Miami Pane 129 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 D5.3 13-00363 D5.4 13-00170 Chief Orosa: North (UNINTELLIGIBLE). Vice Chair Gort: -- two -- (UNINTELLIGIBLE) north and south. Chief Orosa: Correct. Vice Chair Gort: Yes. Do you need the same type of administrators in there as you do in central? Chief Orosa: Well, the -- we have the admini -- what we call the Administration Division with administrators that handle everything that has to do with money and things of that nature for the entire police department. The smaller amount of administrators is for the staffing itseIf of the patrol functions in the north and south and central. And Grapeland has their small amount for the special operations administration of those officers and that's very minimal. That's, I believe, two per the satellite station. Vice Chair Gort: Because I remember at one time, you have all the patrol officers report to central, and then from central, they were diverse [sic] to the different neighborhoods. Chief Orosa: Correct. But then each shift would have their own because of just the volume. Right now what we do is each subsection has their own. Vice Chair Gort: Thank you. DISCUSSION ITEM REPORT ON PLAN AND COST ANALYSIS FOR ONE-TIME ANNUAL BONUSES. 13-00363 Report - Plan & Cost Analysis Annual Bonuses.pdf DISCUSSED DISCUSSION ITEM DISCUSSION ON THE SUCCESSION PLAN AS A RESULT OF SIGNIFICANT 2013 EMPLOYEE RETIREMENTS. 13-00170 Succession Plan - Employee Retirements 2013.pdf 13-00170 Drop Succession Plan.pdf DISCUSSED Commissioner Spence -Jones: All right. And I think the next item -- we already did D5.3, which is the cost analysis. We addressed that issue. And then the last one was the succession plan for the 2013 employment -- employee and retirement, which you kind of dealt with that a little earlier. The only thing I didn't notice, we did not -- I know we were supposed to be making our appointees -- Commissioner Carollo: Right. Commissioner Spence -Jones: -- today. It was not -- I'm assuming thats falling under the D.54 [sic], which is our appointments far the City Attorney? Commissioner Carollo: You're right, the selection committee. City of Miami Pane 130 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Commissioner Spence -Jones: Right. That's not on the agenda, but I'm assuming they were doing it under D5.4. So the only two people that are left to make the recommendations is Commissioner Suarez and myself Do you have your appointee? Commissioner Suarez: Yes, I've decided. You want me to say it now? Commissioner Spence -Jones: Yes. Commissioner Suarez: Richard Weiss. Commissioner Spence -Jones: Okay. You got that? You got it? Commissioner Suarez: I'm sorry? Todd B. Hannon (City Clerk): Yes, ma'am. Commissioner Spence -Jones: Okay. And then my appointee is Reginald Klein. Mr. Hannon: We're good to go. Commissioner Spence -Jones: Okay. So we have all of our appointees. And our next step on this issue -- Chair Sarnoff: Did you put yours in? Commissioner Spence -Jones: I just did it. Chair Sarnoff • What was it? Commissioner Spence -Jones: Reginald Klein. So our next steps on this, Madam HR (Human Resources)? Vice Chair Gort: Advertise. Commissioner Spence -Jones: Right. ',just want to make sure the time scale that we have, we're all on the target. Timeline. Beverly Pruitt: Yeah. Beverly Pruitt, Human Resources director. Yes, the position is posted. We're recruiting currently. The posting will end on April 19. Commissioner Spence -Jones: Okay. Ms. Pruitt: Following that date, we will contact the selection committee and provide them with all of the applications. Commissioner Spence -Jones: Okay. All right)). So everybody's okay on that? Vice Chair Gort: Did you receive any application yet? Ms. Pruitt: We've received 23 applications. They have not been screened to determine eligibility at this point -- Vice Chair Gort: Right. City of Miami Pane 131 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Ms. Pruitt: -- until the position closes. Vice Chair Gort: Okay. Commissioner Carollo: When does the position close? Vice Chair Gort: Nineteenth. April 19. Ms. Pruitt: April 19. Commissioner Spence -Jones: Is that good, 23 --? Ms. Pruitt: It's only been nine days. Commissioner Spence -Jones: Okay. Ms. Pruitt: We started last Monday so -- Chair Sarnoff: We've only got like two applicants. M. Pruitt: Twenty-three applicants. Commissioner Spence -Jones: Twenty-three. Ms. Pruitt: Twenty-three applicants, yes. But I will like to -- if7 may now -- Chair Sarnoff Only two graduated from law school. Ms. Pruitt: Well, I don't know yet. Vice Chair Gort: Maybe one. M. Pruitt: But we will need some guidance from the Commission on what you would like your selection committee work to be as it relates to those -- Commissioner Spence -Jones: Can we do that at the next meeting? Ms. Pruitt: Yes. I'll bring a draft of some guidelines and ask for your approval. Commissioner Suarez: Great. Commissioner Spence -Jones: Okay. END OF DISTRICT 5 NON AGENDA ITEMS NA.1 RESOLUTION 13-00412 District 4- A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR Commissioner RICK SCOTT AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO Francis Suarez ADOPT LEGISLATION FURTHER CLARIFYING THAT VIDEO GAMING MACHINES ARE STRICTLY PROHIBITED IN THE STATE OF FLORIDA; FURTHER DIRECTING THE CITY MANAGER TO ENFORCE THE EXISTING City of Miami Pane 132 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 PROHIBITION AGAINST VIDEO GAMING MACHINES AS STATED HEREIN; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS STATED HEREIN. 13-00412-Legislation.pdf 13-00412-Submittal-Memo-Commissioner Suarez.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0118 Chair Sarnoff: All right, we're back on the record. Let's try to get the other Commissioners out here. In the interim, Commissioner Suarez has taken the opportunity to actually use the suggestion of the blue page item, and he has a D4 (District 4) pocket item. He is now recognized for the record. Commissioner Suarez: Thank you, Mr. Chair. Thank you, Commissioner Gort. My pocket item relates to a resolution that you should have gotten a copy of by e-mail (electronic) that I sent a few days ago. It was not within the five days, but 1 tried to include as much backup information as possible. And it relates to the video gaming machines or the maquinitas. I think it's clear at this point that we all know that they are destructive to our community. They prey on the most vulnerable members of our community. They have been linked to prostitution and organized crime, and that's why I've always opposed them. In October 2010, I proposed amendments to our amusement machine ordinance that made it impossible for video gaming machines to obtain a business tax receipt, or BTR,. from the City. Weeks later, our police department confiscated 400 machines as part Ulan enforcement dubbed Operation Lucky 7. In September 2011, our current chief was named acting chief and I sponsored a discussion item on maquinitas. At that time, I asked the City Manager is it still the City of Miami's policy that those machines are illegal and they're going to continue to be confiscated? The Manager responded, absolutely. I asked the same of the police chief, and he responded, We will proceed with these investigations and we will proceed with confiscations of the machines. He added later, Hopefully, within the next few weeks, we will continue enforcement. Today, based on a variety of reports, there are hundreds, if not possibly thousands, of maquinitas littered through the City of Miami. Not a single one has a BTR. Not a single one is even eligible for a BTR. Every machine in the City is illegal. Irrespective of the fact of whether it's a gaming machine or not, it's illegal just based on the fact that it does not have a BTR. And every machine can and must be confiscated and removed from our streets. We have the ability under our Cade -- and it is Section 12-4 of our code that says that in the event of nonpayment of the fee for a BTR required of any amusement game or machine, authority is hereby given and granted to the City Manager or his designee to seize the amusement game or machine. So irrespective of whether this industry believes their machine to be illegal or not, just by virtue of the fact -- whether it's a gaming machine or not a gaming machine, pursuant to state law, it's illegally operating without a BTR pursuant to City code, which is also part of state law. The current resolution before you proposes to direct the City Manager to do what he said he was going to do in September 2011, or to continue his efforts, the efforts that have begun at that time to confiscate these illegal machines that destroy our community. By the way, it's a different -- because I understand that there -- the -- you know, State Attorney's Office has required a different threshold to prove that these machines are illegal, a more robust threshold, I guess, would be the proper way of saying it. But what Pm saying is that that's not even the point. The paint is if they don't have a BTR, they're not operating legally, so they should be confiscated and can he seized just based on the fact that they don't have a BTR, irrespective of whether they comply or do not comply with the state law. The secondary purpose is to urge the state Legislature to adopt language that further clarifies something that we already know, something that has already been confirmed by three appellate courts in Florida; that maquinitas are strictly prohibited in our state. I thank my colleagues for allowing me to bring City of Miami Pane 133 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 this pocket item. I want to thank the Chairman for allowing me to take it out of turn, and I respectfully ask for your support, and I move the item. Chair Sarnoff: All right. We have a motion. Commissioner Carollo: Second. Chair Sarnof f: We have a second. Any discussion? Commissioner Carollo: Yes, Mr. Chairman. Chair Sarnoff.' Commissioner Carollo is recognized for the record. Commissioner Carollo: Thank you. I think -- and the reason I'm saying this, Commissioner Suarez, because I did some -- I did a pocket item similar on another issue that's in the Legislature right now or at least the Legislature that's meeting right now. I wanted to pass something, yet I have not heard from the Administration and our legislative liaison. So I think he needs to be involved and it's -- Commissioner Suarez: Of course. Commissioner Carollo: -- not just passing, you know, legislation. I think he needs to be involved. He needs to give us an update where we are with these issues that we're bringing up. That's number one. And number two, I want to be able to also add to what you're saying and ask our administration or direct our administration to start seizing these maquinitas. So that's what I wanted to say. I agree with it, you know, even from before. You know, I was a vote against it. Even with amendments, Ijust thought it was illegal, plain and simply [sic]. So, you know, I'm in favor of this. Thank you. Chair Sarnoff. Commissioner Gort. Vice Chair Gort: My understanding when I first came in, 2010, people could go and apply for -- and get as many permits as they want to one person. Therefore, the -- we talked to the Administration. We created an ordinance that had a specific that the people that own their lot or the people that going to get the license for the maquinita had to be owner of the place, and there was a lot of restrictions to the way they can he used or where they could be placed. At the same time, they had to put $500 deposit of -- or they had to pay $500 for the permit. For that reason, there's no BTRs. So I agree with you, the state law doesn't matter. If there's no BTR, they can be taken. ButI want to make sure people understand that the ordinance that we passed was strict and very strict. Thank you. Commissioner Suarez: Mr. Chair, ifI may. Chair Sarnoff: Go ahead. Commissioner Suarez: Yeah, 'cause I just wanted to address the -- Commissioner Gort's last comment. The ordinance that was initially proposed, as Commissioner Gort correctly stated, before the ordinance was proposed, there was a very liberal policy in the City of Miami to allow essentially these owners to get a BTR for any number of machines. In my opinion, the ordinance that was proposed before the amendments would have not only continued that process, but would have sanctioned it as a kind of pay for play scheme. What I did was look at the DCA (District Court of Appeal) cases, which interpreted a law that some consider vague -- 1 don't think it's particularly vague, but some do and they by to exploit that vagueness and why they call it the gray market machines. And actually, the DCA cases, interestingly, tried to -- or attempted to, which is what I suspect the Legislature's going to do, close the loophole or any potential City of Miami Pane 134 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 loophole that could he -- Lawyers can be crafty, you know, and people working at the behest of lawyers can be particularly crafty, particularly when you have a profit motivation. And so, you know, from my perspective, I -- we did the hard work of investigating how the District Courts [sic] of Appeals [sic] had interpreted the state law, and we found that they had actually interpreted it in a more restrictive fashion, and in a sense, fashioning a little bit of common law and actually describing the type of machines that were illegal. And we took that language and we put it directly into our ordinance as an amendment to the ordinance. And I think that -- and inflict, members of this Administration actually admitted at the time that it would have made it impossible to get a BTR. And they even went as far as to say we might as well just not do anything and go back to the status quo, and 1 think the status quo would have been a worse place than the ordinance that we passed. And I think the proof is in the pudding, you know. We haven't gotten any BTRs issued, and so any machine that's operating in the City of Miami, by definition, irrespective of the fact that it's probably violative of the state law and requires a certain threshold to prosecute that illegality, it's operating illegally because it doesn't have a BTR. So they should he confiscated immediately, and I would urge the Administration to heed this request, yet again, to put together a plan as the resolution calls far and come back to us with what your efforts are going to he. Chair Sarnoff: Commissioner Spence -Jones. Commissioner Spence -Jones: The only thing that I really want to say on it and -- which is not much, but really is to just commend the Commissioner, Commissioner Suarez,. for his courage and leadership on this issue, you know. We all know that this is something that's been floating around and being talked about back and forth for a minute now. But for you to, you know, stand up on this issue and not just talk about it, but be a great leader in the matter and actually pass legislation regarding this issue, this says a lot about your leadership. And I just want to commend you far doing the right thing. Commissioner Suarez: Thank you, Commissioner. Chair Sarnoff: Madam City Attorney, you have -- correct me if I'm wrong, there is still some continuing litigation -- or is there still some continuing litigation for confiscated machines? Julie O. Bru (City Attorney): There's a number of machines -- 1 think at this point, there are about 100 -- I want to say about 130 that are in a warehouse. There is an action far replevin that was filed by the owners of these machines, which I think is three entities -- three individuals that really control this business, and they've all sought to have their machines returned. We had confiscated them. The court wanted to have an evidentiary hearing on the issue, so that case is still being litigated. But thus far, we have not had to return any machine that have -- was confiscated, and 1 think about 50 of them were destroyed. If anybody from the police department is here, you might have those figures. Commissioner Suarez: Mr. Chair, if I may? Ms. Bru: My numbers may not he accurate, and I defer to the Chief on that. Commissioner Suarez: Before that, I just want to state that there is one difference here, which is, in those particular cases, that has to do, I think, with owners that may be claiming that we didn't apply the state law correctly. In other words, they may be saying that the machine was legal under state law, even though we're claiming it's illegal under state law. This -- what Pin talking about here, just to he clear -- and I just want to clarify -- is that there's no BTRs that have been issued to these -- to any subsequent machines, any new machines that are in the stream of commerce, and so those machines, on the face of our ordinance, should be confiscated going forward. And I think their argument would he much weaker if -- I don't think you can make an argument. I mean, you either have a BTR or you don't have a BTR. It's not about whether City of Miami Pane 135 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 there's a qualitative analysis of whether they're legal or illegal under state law. And I think your office, at one point, prepared, you know -- I requested a report that -- be issued which goes into very, very deep detail as to the kinds of machines are illegal -- that are illegal, and I think it does it with a lot of specificity Johnny Martinez (City Manager): Commissioner. Vice Chair Gort: They're not in compliance with the BTR. Mr. Martinez: You're absolutely right. If they don't have a BTR, they're illegal, and we have no BTR, so every machine, whether it would have qualified or not, is illegal. In addition to -- in order to get a BTR, you need a state amusement gaming certificate that you have to present to get the BTR. No one has that, that state certificate, so there are no BTRs. The machines are illegal. Commissioner Suarez: And let me just say that one other amendment that we put into the ordinance, which, you know, I requested was that the -- that our employees ourselves put the BTRs on the machines. Because what happened is before, the owners could just get a BTR and you never know -- knew what kind of machine they were putting it on. Vice Chair Gort: Right. Commissioner Suarez: We were kind of on the honor system. And now we have the perfect opportunity to analyze, if someone did come forward or try to get a BTR, whether or not it was a gaming machine on its face. Mr. Martinez: But they still need that state gaming certificate -- Tice Chair Gort: Yes. Commissioner Suarez: Agreed. Mr. Martinez: -- to present. Commissioner Suarez: Agreed. Mr. Martinez: Without that, it doesn't matter whether it's PacMan or -- Commissioner Suarez: I agree. Mr. Martinez: Okay. Chair Sarnoff: Chief, what is your policy with regard to machines, if they're all illegal right now? If a police officer sees one, what do they do? Manuel Orosa (Chief of Police): Here's the situation we have right now. We have a City -owned warehouse full of machines. We have 101 that are in litigation, like the City Attorney said, that we don't know what's going to happen at the end of the day. We may have to return them and we may not have to return them. There was previous litigation where there was like about 70 machines that instead of putting in a warehouse, the police administration at the time put it underneath I-95 and the machines got ruined and we wound up having to pay the owner of the machines the machines because the court ruled that we had to return them to them and those machines were destroyed by the weather and we had to pay the owner. We have another 51 that have gone through the court system and they're now declared contraband and we can destroy them. We're just at -- right now we're at the moment that we're trying to figure out what's the City of Miami Pane 136 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 cheapest way of loading them up in a truck and try to get them destroyed. We can't burn them. We're thinking of throwing them in some dump and running them over with a bulldozer, but we're still trying to figure nut what's the most efficient way of getting rid of these machines. Moving forward, if it's the will of this Commission. for us to pick up all the machines, we will pick up all the machines. And if Commissioner Suarez is right and we got over a thousand out there, we need to find a place -- where do we put these thousand machines. Because without an arrest, without a body, there could be even more litigation and we may have to eventually return the machines if a judge orders that. And if the machines get destroyed, then we will have to pay for the machines, as previously we had to -- Chair Sarnoff • Chief, correct me if I'm right, but didn't Judge Genden have a full hearing on this and didn't Judge Genden declare them to be contraband? Ms. Bru: I would have to get you the details on that. I know that at this time, there are machines that are being held because there's an evidentiary hearing that's going to he -- it's coming up. I think it's scheduled within the next month or so. Chair Sarnoff.' Do you remember a judge ruling back in November or December of last year, Dade County judge? Chief Orosa: But that was in one of our criminal cases that -- Chair Sarnoff • It wasn't a criminal case. He's a Dade County circuit civil. Chief Orosa: I'm not aware of that, neither -- I guess -- All I'm aware right now is that we're still waiting for this litigation, whether we have to return the machines or not. Chair Sarnoff: Commissioner Gort. Vice Chair Gort: Let me ask you a question. Code Enforcement could go there and put a sign on the machine that they're not in compliance with the BTR and should not be used, and maybe the people will pick it up and take it away. Mr. Martinez: Commissioner, 1 don't even think Code Enforcement has to go. The fact that they don't have the sticker on there, you know, that's it. Commissioner Suarez: They're illegal. Vice Chair Gort: But what I'm saying, the people should he warned, you better get rid of this or you can be arrested. Chair Sarnoff.' Well, I think we're mixing apples here. Vice Chair Gort: To get it moving. Chair Sarnoff: What Commissioner Suarez is saying is, simply not having the BTR means that those machines are confiscate -able. Commissioner Carollo: Yes. Chair Sarnoff: And then -- Commissioner Suarez: Absolutely. Chair Sarnoff: -- the Chief is saying, well, what do I do with those machines? I have to City of Miami Pane 137 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 warehouse them somewhere, and what if a judge rules I have to give them hack. I mean, I got to believe there's an answer to this 'cause you don't have the BTR. Commissioner Carollo: That's right. Chair Sarnoff: I think that answer's been answered. Commissioner Suarez: AndMr. -- Chair Sarnoff: That question has been answered. Commissioner Suarez: AndMr. Chair, ifI may. Chair SarnoJf: Sure. Commissioner Suarez: No. 1 would just say that, you know, the cost that these machines and the operation of these machines have on our society far outweighs whatever storage cost it would require us to find a place to store them in. When you talk about organized crime, when you talk about prostitution, you know, you're talking about crimes that have a tremendously deleterious impact on our city. So I think, you know, those crimes and their cost pale in comparison with storing the machines. Chief Orosa: And Commissioner, don't get me wrong. I did not mean storage just as a mere fact. Commissioner Suarez: I know. Chief Orosa: 1 meant the storage as there could be a scenario where we pick up machines and they go to the state, they get their license, they come to us, they get our license and, hey, give me back my machine. And now the machine is probably in storage or, worse yet, destroyed. And now we have to eat the price of the machine. You know, it's up to the hoard. Vice Chair Gort: With the new criterias [sic] in the code that we passed, it'll he very, very difficult for someone to get a machine. It have to be owner of the place. He's got to comply with certain requirement that we have room requirement, type offacility, how it can be used, and they have to pay $500. It's very difficult. I can tell you for my own personal experience, I have my people looking at different places where we went, we told people these machines are illegal. They're no longer there. So that's working. I think people are getting the message right now that they have an opportunity to take it nut of there and take it out of the state, whatever they want to do, but they're going to lose it. Commissioner Suarez: Mr. Chair. Chair Sarnof f: You're recognized. Commissioner Suarez: Yeah, and 1 think any time you impound anything, there's always that risk. I mean, when you impound a car that's, you know, as a result of some sort of drug activity or some sort of illegal activity, and there's always a risk that ifyou don't take care of what you've impounded and for some reason the case gets thrown out of court, you have an obligation to give the merchandise or whatever hack. So, you know, part of what I'm asking in the resolution is not -- you know, I'm asking the Manager to put together a plan for how he's going to handle this. And you know, 1 think the Legislature -- this bill is traveling through the Legislature, from. what 1 can tell, very quickly. Vice Chair Gort: Yes, real fast. City of Miami Pane 138 Printed on 4/22/2013 City Commission Meeting Minutes March 28, 2013 Commissioner Suarez: It's cost our lieutenant governor her job. You know, it's a situation where, you know, it's a plague on our state, you know, and on our city. And I think, you know, just from listening to my colleagues here, it seems like everybody is on the same page that these things have a -- we want to send a very strong message to these people that it is not acceptable in our city. Commissioner Spence -Jones: Not to mention, it has cost -- Vice Chair Gort: Question. Commissioner Spence -Jones: -- I'm sorry. Vice Chair Gort: Question to the attorney because I'm not an attorney. Can we have a storage charge? Ms. Bru: The present regulatory scheme does provide -- gives the City authority to pick up the machines that don't have the BTR. We put them in storage. We give the owners, I think it is 90 days to come and pick them up. If -- we advertise it. You know, this is all the due process. If they don't pick it up within 90 days, our ordinance gives us the authority to destroy them or sell them. We can sell them and the money that comes in gets put into a fund and it's held there for a year in case there's a claim for the machine within a year. So that's the way that you have this scheme set up in order to ensure due process. Vice Chair Gort: Can we charge storage? Ms. Bru: From the proceeds of selling the machines, we deduct the cost of storage. Vice Chair Gort: But even if they pick it up, we can charge for the many days that -- Ms. Bru: Yes. Vice Chair Gort: -- they've heen in storage? Ms. Bru: Yes, yes. Vice Chair Gort: Okay. There's your budget. Chief Orosa: But -- Chair Sarnoff • And -- Chief Orosa: -- if the process is to get them out of our streets, why let them pick them up? Chair Sarnoff: Why -- excuse me? Chief Orosa: Why let them pick them up? Chair Sarnoff: 'Cause you're following your law 'cause you're (UNINTELLIGIBLE). Vice Chair Gort: Because you're not replacing it. You can't replace them. Chair Sarnoff • You know, Chief, let me tell you something. And I -- this is something no politician likes to admit. There were two votes on this dais. IfI could have hack right now, I would take the vote hack that I did for the maguinitas, and I'd probably take the pari-mutuel vote City of Miami Pane 139 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 back, both of which Ijust didn't do a good job on, period. And I was briefed, and I'm not sure I was briefed with the full knowledge of what I should have had. My instinct was what Commissioner Carnllo did, which was not to vote far it, hut I did vote for it. And if somebody wants to propose a new ordinance in this City of Miami that is constitutional and within the parameters of state statute, I would be the sponsor of it. Commissioner Suarez: Yeah. I think we have the ordinance. I think that's the point. I think the point is that if we would have voted against it -- and I understand the reason why it -- Commissioner Carnllo voted against it -- hut if we would have voted against it, the status quo would have prevailed. Vice Chair Gort: Right. Commissioner Suarez: And the status quo was that we were, in effect -- Vice Chair Gort: That's the reason -- Commissioner Suarez: -- acting as if they were legal. Vice Chair Gort: -- we voted for it (UNINTELLIGIBLE), yeah. Commissioner Suarez: We were acting as if they were legal. And so that, 1 think, in some ways, would have been the worst of all three scenarios if we would have continued to turn the blind eye, like we were doing, and give out licenses to these machines as if they were legal when they were not. Now the fact of the matter is, they're illegal because of state law, not because of our city ordinance. What our city ordinance does is it makes it impossible for them to get a BTR, which they have not gotten and, therefore, it makes it doubly illegal. So they're illegal under state law, and they're illegal under our code because they don't have a BTR. Chair Sarnoff: The distinction in state law was game of chance versus game of skill, right? Commissioner Suarez: It's two fold. One is it has to he a game of chance, and the second fold -- the second issue is if there's any remuneration -- if there's any sort of remuneration over 75 cents, I think, per -- Chair Sarnoff: The inverse, right? It has to be a game of skill and -- Commissioner Suarez: To be legal? Chair Sarnaff: Yes. Commissioner Suarez: It'd have to be a game of skill, like PacMan. Chair Sarnof f: Right. Commissioner Suarez: And there's no remuneration more than like 75 cents or something -- Chair Sarnoff: Correct. Commissioner Suarez: -- like that. Exactly. Chair Sarnaff: Okay. All right, do you want to --? So we have your resolution, right? Commissioner Suarez: Yep. City of Miami Pane 140 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 Chair Sarnof: Any amendments you want to make to it, furtherances? Commissioner Suarez: I think it's pretty clear when you read it. Chair Sarnoff • Okay. Any further discussion, then? All in favor, please say aye." The Commission (Collectively): Aye. Commissioner Suarez: Thank you. Thank you all. NA.2 RESOLUTION 13-00388 District 5- A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE Commissioner DISTRIBUTION OF FUNDS, IN THE AMOUNT OF $11,500, TO PEOPLE Michelle UNITED TO LEAD THE STRUGGLE FOR EQUALITY "PULSE", A MUTUALLY Spence -Jones AGREED UPON RECIPIENT ORGANIZATION, PURSUANT TO RESOLUTION NO. 12-0456, ADOPTED NOVEMBER 15, 2012; ALLOCATING SAID FUNDS FROM THE NEIGHBORHOOD ENHANCEMENT ACCOUNT. 13-00388-Legislation.pdf NA.3 13-00424 Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0132 Commissioner Spence -Jones: And then the last item I have -- you guys already had a copy. It's just a D5 (District 5) pocket item. This has no fiscal impact to the City and complies with the five-day rule. And this is the dollars T have from my neighborhood enhancement account for 11,500 and this is for PULSE (People United to Lead the Struggle for Equality). Commissioner Carrillo: So moved. Commissioner Suarez: Second. Chair Sarnof:' There's a motion. We have a second by -- Commissioner Suarez: Second. Chair Sarnoff.• A motion by Commissioner Carollo, second by Commissioner Suarez. Any discussion? Hearing no discussion, all in favor, please say nye. " The Commission (Collectively): Aye. Chair Sarnof: Are we done with the agenda? Thank you. We are adjourned. DISCUSSION ITEM AN ATTORNEY CLIENT SESSION WAS REQUESTED AND SCHEDULED FOR APRIL 11, 2013, AT 2:00 PM, AT MIAMI CITY HALL, FOR THE PURPOSE OF DISCUSSING THE PENDING LITIGATION CASE OF: GILBERTO MATAMOROS VS. CITY OF MIAMI, ETAL., CASE NO.: 12-21016-CIV-HOEVELER, PENDING IN THE UNITED STATES DISTRICT City of Miami Pane 141 Printed nn 4/22/2013 City Commission Meeting Minutes March 28, 2013 ADJOURNMENT COURT, SOUTHERN DISTRICT OF FLORIDA, IN WHICH THE CITY IS PRESENTLY A PARTY. DISCUSSED Julie O. Bru (City Attorney): Chairman, Chairman, Chairman. Commissioner Suarez: Aye. Chair Sarnof f: Oh, that's right, that's right, that's right. Ms. Bru: Just 1 have a notice, a statutory notice that -- Commissioner Suarez: Aye. Ms. Bru: -- I have to read into the record, please, if I may. Mr. Chairman, members of the Commission, pursuant to the provisions of Section 286.011, subsection 8, of the Florida Statutes, I am requesting that at the next City Commission meeting of April 11, 2013, an attorney -client session, closed to the public, for purposes of discussing the pending litigation in the case of Gilberto Matamoros versus City of Miami, a municipal entity, Michael Cadavid in his individual and official capacity, and Jeff •ey Locke in his individual and official capacities,- case number 12-21(116, before Hoeveler, pending in the United States District Court, Southern District of Florida. The subject of the meeting will he confined to settlement negotiations or strategv sessions related to litigation expenditures. Thank you. Todd B. Hannon (City Clerk): Excuse me, Madam -- Ms. Bru: And routinely, we do these before the afternoon session, if that's okay with the Chair? Chair Sarnoff: Oh, yeah, that's fine. Ms. Bru: Right. Chair Sarnof f: Peachy. Ms. Bru: Right. Mr. Hannon: So we'll do 12 p.m. The meeting adjourned at 5: 40 p.m. City of Miami Pane 142 Printed nn 4/22/2013