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HomeMy WebLinkAboutCC 2013-04-25 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, April 25, 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 April 25, 2013 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM -APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCE 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 D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City of Miami Page 2 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 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 25th day of April 2013, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Planning and Zoning Commission Meeting was called to order by Chair Sarnoff at 9:22 a.m., recessed at 12: 22 p.m., reconvened at 2:40 p.m., and adjourned at 6: 01 p.m. Note for the Record: Commissioner Spence -Jones entered the Commission chambers at 9: 24 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Nicole N. Ewan, Assistant City Clerk Chair Sarnofff. I want to welcome everybody to the April 25, 2013 meeting of the City ofMiami Commission in these historic chambers. The members of the City Commission are W fredo Willy" Gort, Vice Chair; Frank Carollo, Michelle Spence -Jones, Francis Suarez, and myself Marc David Sarnoff, the Chairman. Also on the dais are Johnny Martinez, the City Manager; Julie O. Bru, the City Attorney; and Nicole Ewan, the City Clerk. The meeting will be opened with a prayer by Commissioner Willy Gort and the pledge of allegiance by Commissioner Carollo. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 13-00503 PRESENTATION Honoree Miami Club Rum Arbor Day Leadership Miami - Team Ascend Presenter Chair Sarnoff Mayor Regalado Commissioner Spence -Jones Loretta Cockrum Commissioner Carollo 13-00503 Protocol Item.pdf PRESENTED Protocol Item Salute Proclamation Certificates of Appreciation Commendation 1. Chair Sarnoff saluted Miami Club Rum, produced in Miami by Destileria Caneca, the first recorded distillery in the history ofMiami, in tribute to its Gold Medal recognition as the Best White Rum awarded at the 2013 San Francisco World Spirits Competition. 2. Mayor Regalado paid tribute to National Arbor Day in the City ofMiami by applauding the City's local sponsors and partners for their support of the City's tree planting initiative, which encourages awareness of the mounting environmental and energy crisis and community City ofMiami Page 3 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 partnerships to support the greening of the urban biosphere. 3. Commissioner Spence -Jones presented Special Certificates of Appreciation to the members of Team ASCEND of Leadership Miami 2013, a group whose philanthropy serves as a source of inspiration and an agency of Hope in our community. 4. Commissioner Carollo paid tribute to Loretta Cockrum, owner of the Foram Group and native Miamian, who developed 600 Brickell at Brickell World Plaza, a building that is rooted in state-of-the-art technology, environmental sustainability, and is a model for future developments in the City ofMiami. Chair Sarnoff We'll now make the presentations and proclamations. Presentations delivered. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones MAYORAL VETOES Chair Sarnoff All right. So I'm told that we didn't do minutes, so do we have a motion to approve the minutes? Commissioner Spence -Jones: Second. Commissioner Suarez: So moved. Second. Chair Sarnoff We have 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. END OF APPROVING MINUTES NO MAYORAL VETOES Chair Sarnoff Madam Clerk -- and I get to say Madam Clerk again -- any mayoral vetoes? Nicole N. Ewan (Assistant City Clerk): Chair, there are no mayoral vetoes. Chair Sarnoff Okay. ORDER OF THE DAY Chair Sarnoff We'll now begin the regular meeting. The City Attorney will state the procedures to be followed during the meeting and then we'll deal with Administration has any deferrals, withdrawals, or continuances. Julie O. Bru (City Attorney): Good morning, Mr. Chairman and members of the Commission, Mr. Mayor, Manager, City Clerk, and members of the public. Any person who's a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the code City ofMiami Page 4 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 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 Clerk's office and also online at ww.miamigov.com [sic]. Anyone wishing to appeal any decision made by the Commission for any matter considered at this meeting may need a verbatim record of the item. Please, no cell phones or other noise -making devices are permitted. Silence them now. And any person who makes offensive remarks or becomes unruly will be barred from further attending Commission meetings. Any person with a disability that requires auxiliary aids, please contact the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon, unless the Chairman indicates otherwise. And there's also a Planning and Zoning agenda to be considered today, and the procedures for that meeting will be announced at a later time. Thank you, Mr. Chair. Chair Sarnoff All right. Does the Administration wish to provide any deferrals, continuances, or withdrawals? Johnny Martinez (City Manager): Yes, Mr. Chair. Chair Sarnoff Okay, you're recognized. Mr. Martinez: RE. 4, defer to June 13; DI.2, defer to May 23. Commissioner Carollo: Hold on. Vice Chair Gort: I'm sorry. Commissioner Carollo: DI (Discussion) -- Vice Chair Gort: What was that again? Commissioner Carollo: DI.2? Mr. Martinez: DI.2. It's a discussion item. Vice Chair Gort: DI.2? Mr. Martinez: Yeah, DI.2. It's the IT (Information Technology) discussion item. Vice Chair Gort: Is that it? Commissioner Carollo: That's it? Chair Sarnoff All right. Any -- Commissioner Suarez: Mr. Chair? Commissioner Carollo: Hold on. Chair Sarnoff Yeah. Commissioner Carollo: There was like a whole bunch that (UNINTELLIGIBLE). Chair Sarnoff I thought there was a whole bunch, too. Commissioner Carollo: Right. So I'm a little baffled, unless -- City of Miami Page 5 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Chair Sarnoff. Any Commissioner that knows what they want to do, because I thought there were a lot of things -- Commissioner Suarez: Yeah. Commissioner Carollo: Right. Commissioner Suarez: I have one particularly that would like to defer -- Chair Sarnoff. Go ahead. Commissioner Suarez: -- if it's okay with you, Mr. Chair? Chair Sarnoff. You're recognized, Commissioner Suarez. Commissioner Suarez: FR.2, I'd like to defer until June 27. Vice Chair Gort: Let me see, FR.2. Commissioner Suarez: And FR.1, I'm going to go ahead and hear it. It was a -- and we don't have to necessarily take action on it. I want to flush out some of the issues. It's also a discussion item on my blue pages. So if you feel comfortable acting on it, we can. If you don't feel comfortable acting on it, I don't have a problem, you know, deferring it to the next Commission meeting. Chair Sarnoff But it's -- it is FR.1. Commissioner Suarez: It's FR.1, and it's also a blue page discussion item for me. Chair Sarnoff. Anybody have anything else? Commissioner Carollo: Yes. Chair Sarnoff. Go ahead. Commissioner Carollo: RE, I believe it's 3. RE.3, a continuance. Chair Sarnoff. To what date? Commissioner Carollo: Second like meeting. Chair Sarnoff. Second like -- so that would be the May 23 meeting, right? Commissioner Carollo: The May -- the second meeting in May. I don't know what date it is. Nicole N. Ewan (Assistant City Clerk): May 23. Chair Sarnoff. Okay. Anyone else? Any other items? Mr. Martinez: Mr. Chair, I think -- Chair Sarnoff. Yes. Mr. Martinez: -- you had RE.1 that you wanted to -- City of Miami Page 6 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Chair Sarnoff Ah, yes, yes, yes. RE.1, I'm going to -- want tojust let the Commissioners know, anybody that does have any interest in this, I'm going to continue the pay phones for 60 days as a result of the request by the attorney on behalf of the pay phones. I want you all to know that -- and I'll put this as a part of the record -- I got an e-mail (electronic) from him stating or agreeing that there will be no further installations of pay phones while we continue to discuss this in the Upper East Side. We think there may have been some deployment of pay phones when I started this discussion. I can't say there has been. I can't say there hasn't been. They appear to be new, but we'll get to the bottom of it within that 60 days. It is -- I want to say this to you, the Commissioners, it is important to me that when we bring an item up and we give people a liberal amount of time, that something is not going on behind the scenes or something certainly to exacerbate a problem that I think -- in good faith, I thought I brought to this Commission. But at least for right now we have an agreement, no further pay phones will be deployed. Commissioner Carollo: And, Mr. Chairman, ifI may? Chair Sarnoff You're recognized. Commissioner Carollo: And thank you. Andl want to ask you because, obviously, it's your item, and the Administration, I feel, wouldn't give answers -- wouldn't give just answers to your item, so I wanted to ask you, is the issue more pay phones itself or is the issue the advertisement on the pay phones? Chair Sarnoff Well, good point. Commissioner Carollo: And that's where I'm not really sure -- Chair Sarnoff It absolutely is, Commissioner. It absolutely is the advertisement. Vice Chair Gort: Both. Chair Sarnoff I think it is both. I think generally it is both. Commissioner Carollo: Okay. And that's what I want to know. Is it the pay phones? Is it the advertisement? Is it both? And, you know, like I wanted to know a little bit more. And, again, the explanation from the Administration doesn't do your explanation justice. It's your item. I don't, you know -- so -- and since we can't violate sunshine, this is the only time that I get to ask you and -- Chair Sarnoff No, you're right. Commissioner Carollo: -- I just want tojust be clear, just -- at least give me some guidance on where you're going with this. Chair Sarnoff Well, it was a pilot program that -- I think we have a -- well, what the heck. I think we have a joke here in Miami. The best way to stay permanent is to be a pilot program. If you want to be a director forever, be an interim director. We use words here that, you know, really -- Commissioner Suarez: Temporary worker. Chair Sarnoff Temporary means permanent here. Vice Chair Gort: Yeah. Chair Sarnoff So we had a pilot program, Commissioner, that was supposed to last one year -- City of Miami Page 7 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Commissioner Suarez: Temporary worker. Chair Sarnoft -- and it has gone on for better part of I think, 11 or 12 years, and that allowed them to put advertising on these pay phones. Now, distinction between these two pay phones, some are on our streets. We certainly have the authority to place them or not place them on there. Some apparently are on Florida Department of Transportation streets. Interestingly enough, under a law that is, I'm going to say, four or five years old -- though I would defer to Zerry on this, our Public Works person -- they are supposed to obtain permission from us to put advertising on those pay phones. What I'm trying to get from this Administration is that permission, is that written authorization to put that advertisement on a pay phone that -- the state can put the pay phone in there, but the advertisement has to go on with the authorization from the City ofMiami. I still haven't seen the authorization, and that's where the rubber meets the road. Now, I did something that I thought you would like, which is, I had the auditor general -- just to see did we get what we're supposed to get. Did they advertise as they're supposed to advertise? And like all forensic reports, it's sort of in -- conclusive, but in my opinion, inconclusive because if you look at the flow charts, you wouldn't be proud of seeing that graph. It starts very high and goes down and doesn't show advertising. They did advertise liquor. They continue to advertise liquor. Yet, even our pilot project says no liquor shall be advertised. So this is what we're unveiling or unearthing, if you will. The last bit of information I'd like to have is our written authorizations granting them permission on other roadways that we don 't control to put this advertising on there. We haven't been able to find it. I'd like to say in 60 days -- if we don't get it in 60 days, let's face it, it doesn't exist. In which case, we have actions that we can take, and then you'll have a full discussion, andl apologize for taking so long. But you're right, I -- this is something that -- do you need the pay phone? They're going to come in and they're going to show you how and why they need the pay phone. Do you need the advertising? You're going to find out that you do need the advertising on certain sections of the City ofMiami for them to offshoot and pay for the other pay phones. But the underlying question is -- andl wanted to show you with some statistics and trend lines whether you need that pay phone, who was using that pay phone, for what use are they using that pay phone, and where are most of the pay phones being used? Because it -- I think I'm reaching a conclusion that maybe you don't need the pay phones that we have and at least in the quantity that we have. Vice Chair Gort: Mr. Chairman. Chair Sarnoff Let me go to Willy andl'll come back to you, Commissioner. Vice Chair Gort: One thing did, I read the contract. And the contract does not benefit the City ofMiami at all. So the suggestion I gave, you bet -- if you can come back and you really can show a need, you need to show more for the City also. 'Cause according to the contract that I read, it's a subcontract with a subcontract and so on. Chair Sarnoff It should at least have a robust conversation, discussion, debate. Commissioner Carollo: No. Exactly, Mr. Chairman. I just wanted to know where we were going with this or what was your intent because I'll be honest with you. From the beginning, mine was, you know, safety. And what was going to request, if our offices haven't requested already is, okay, how many 911 calls have been from those pay phones, and start from there so we can really see, you know, is it meeting a safety issue in the City ofMiami. Someone that may not have a pay phone, but they need to call 911. So that's where we were going to start, but I wasn't sure if the pay phone itself wasn't really the issue or was more the advertisement, which, you know, I've had a history of not caring for, you know, visual pollution, but -- anyways, I just wanted to know where we were heading with this. Chair Sarnoff Andl think we have an analysis with that, andl'll be more than glad to have City ofMiami Page 8 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Danny from my office share that with all -- you all with the understanding that we won't respond just to share it. I'll make that -- I think it's a fair analysis. I'll give you as much information as we've generated, the internal thoughts that we had, trend lines, because I think a trend line sort of helps this discussion 'cause in 2001 -- what was going on in 2001 may not be where we are in 2013. So we'll bring back 60 days. There was a representation on the record, Mr. Manager, that they will not come to seek any further pay phones. I'm asking Mr. Ihekwaba to provide to me the written authorization, pursuant to Florida statute, which I know Zerry knows off the top of his head, that requires the City ofMiami to give authorization on Florida Department of Transportation right-of-ways [sic] to put the advertisement thereon. So far, I've not seen it. Zerry says he cannot find it. That's not to say in 60 days, he will not find it. But the fact that he hasn't found it to date is an indication to me it may not exist. All right, so we'll give them 60 days. That would be RE -- Commissioner Carollo: 1.. Chair Sarnoff -- 1. Vice Chair Gort: 1. Chair Sarnoff There you go. Anyone have anything else or does anybody want to make --? Well, let's take this up for right now. And does anybody else have anything else they want to defer, withdraw, continue? Not on the PZ (Planning & Zoning) items. We get the PZ later. We'll do PZ right after this so at least give an indication to people what we anticipate and then after 2 o'clock, we'll actually do the deferrals, withdrawals, and/or continuances. Commissioner Carollo: Okay. Chair Sarnoff So we have a motion. Commissioner Suarez: Move it. Vice Chair Gort: Move it. Commissioner Spence -Jones: Second. Chair Sarnoff Motion by Commissioner Suarez, second by Commissioner Spence -Jones. Any discussion? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnoff All right. Does anybody want to give an indication now on the PZs, what they intend on doing for PZ, just to give everybody a heads up? Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: I don't know if Director Garcia is going to be mentioning it. If not, I would. 'Cause I think he's got a long list of items. Francisco Garcia (Director, Planning): I'm happy to, sir. Chair Sarnoff I think the PZs have cleaned up a lot. Commissioner Carollo: Yeah. So -- City ofMiami Page 9 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Chair Sarnoff We're not going to be here doing PZs today. Mr. Garcia: So I will -- what I would like -- Francisco Garcia, Planning and Zoning director. For the record, what I'd like to do is to go down the list and mention first which items we are proposing to be continued and afterwards we can perhaps zero in on the dates. Items -- actually, some I have the dates for, so we might as well -- I'll put that out there. Items PZ.1 and PZ.2, we would like to request they be continued to May 9, and the applicants are here to address that issue. Vice Chair Gort: Wait a minute. Let me -- PZ. 1, it's -- Mr. Garcia: Yes, sir, PZ.1 and PZ. 2 are both in District 1, and this is the River Landing special area plan. Vice Chair Gort: I'd like to hear it. Vicky Garcia -Toledo: IfI may, Commissioner. Vicky Garcia -Toledo, on behalf of River Landing. Commissioner, we just received a unanimous approval last Wednesday from the Planning Zoning Appeals Board, and unfortunately, the legally required days for notice and the information being in your backup information, cannot be met because of the short time between last Wednesday, the 17th, and the 25th, so that is the reason for the continuance. We want to make sure that when you hear it and take action, it's not appealable. So that is the reason why we'd like to go to May 9 and May 23, if you wish. Vice Chair Gort: It's fine with me, if you guys willing to because this is one of the projects that's been working on for three years now in District 1 that will make a great improvement for the Allapattah area, and we're working that right now in the health district, which is something that we have a master plan for the health district and this component has been a part of it. So whatever the problem they have, I hope they can work it out for the 9th, okay. Mr. Garcia: Yes, sir. Vice Chair Gort: Thank you. Ms. Garcia -Toledo: Thank you. Chair Sarnoff Okay. Anything else, Mr. -- Mr. Garcia: Yes, sir. Chair Sarnoff -- Garcia? Mr. Garcia: A couple of others. Items PZ. 6 and PZ.7, these are City application items, land use and zoning changes in District 3. We would like to continue those to May 9 as well or perhaps -- well, May 9 is beginning to look like a crowded agenda, so perhaps May 23 I believe is a P&Z (Planning & Zoning) agenda. Items PZ.8, PZ.9, PZ.10, and PZ.11, which are all companion items for the Flatiron Development project, we are requesting that those be also continued to May 23. We have discussed this with the applicant and they are in agreement that that is their preferred date. Andl think there is one more. Item PZ.18, we would also like to have continued also to May 23. Chair Sarnoff Okay, we don't need to take any action on this. We just simply need to -- Mr. Garcia: That's correct. City of Miami Page 10 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Chair Sarnoff -- sort of give everybody a heads up game plan on what's probably going to happen. I didn't hear anything -- andl have wrote on my list -- andl don't mean to delve into Commissioner Suarez's, but is PZ.4 and PZ.5 going to be heard today? Commissioner Suarez: I believe so. Chair Sarnoff Yes? Commissioner Suarez: Yeah. Chair Sarnoff Okay. I just had them down as -- Commissioner Suarez: You have no issue with that being deferred, do you? Mr. Garcia: We're certainly ready to proceed. Chair Sarnoff Not a problem. Commissioner Suarez: Okay. Yeah. Chair Sarnoff Okay. Mr. Garcia: Yes. And, Commissioner, there -- or, Mr. Chairman, actually, it will have to be taken. Commissioner Suarez: No, no problem. Mr. Garcia: It is just that we cannot take action before 2 because they are -- Chair Sarnoff We'll bring it back up. Mr. Garcia: Right. Chair Sarnoff We'll bring it back up. Mr. Garcia: Very good sir. Thank you. Chair Sarnoff I actually wrote them down. Hopefully, I'll be able to get a motion pretty quickly out of it. But I just think it's worthwhile for everyone to know that's watching what the anticipation is. Mr. Garcia: Absolutely. Chair Sarnoff All right. Mr. Garcia: Thank you. City of Miami Page 11 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 CA.1 13-00396 Department of Parks and Recreation CA.2 13-00397 Department of Information Technology CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED FEBRUARY 22, 2013, PURSUANT TO INVITATION FOR BID NO. 352301, FROM RECREONICS, INC., FOR GROUP I, AND BY ELIFEGUARD, INC., FOR GROUPS I AND II, FOR THE PROVISION OF SWIMMING POOL AND LIFEGUARD EQUIPMENT AND SUPPLIES, FOR THE DEPARTMENT OF PARKS AND RECREATION, ON AN 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 DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 13-00396 Summary Form.pdf 13-00396 Award Recommendation Form. pdf 13-00396 Tabulation of Bids.pdf 13-00396 Emails -Additional Information #352301.pdf 13-00396 Invitation for Bid.pdf 13-00396 Legislation. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0160 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED MARCH 13, 2013, PURSUANT TO INVITATION FOR BID NO. 360332, FROM QUALITY WIRING, INC, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROVISION OF TELECOMMUNICATIONS WIRING AND WIRELESS RADIO AND ANTENNA INSTALLATION SERVICES, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, ON A CITYWIDE, AS -NEEDED, CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR FOUR (4) 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. 13-00397 Summary Form.pdf 13-00397 Award Recommendation Form. pdf 13-00397 Tabulation of Bids.pdf 13-00397 Sourcing.pdf 13-00397 State of Florida - Electrical Contractors Licensing Bd..pdf 13-00397 Letters of Recommendation.pdf 13-00397 Invitation for Bid.pdf 13-00397 Legislation. pdf City of Miami Page 12 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0161 Adopted the Consent Agenda Motion by Commissioner Suarez, seconded by Vice Chair Gort, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF CONSENT AGENDA Chair Sarnoff All right. Getting to the agenda -- and gentlemen, I know -- just so you understand, tonight, at 6:10, Commissioner Suarez will be leaving, I will be leaving the dais, so whatever we get done between now and 6 o'clock -- 10 after 6 o'clock tonight -- Commissioner Carollo: PH.1? Chair Sarnoff -- is -- Yes. Vice Chair Gort: PH.1. Chair Sarnoff -- what we get done. Vice Chair Gort: PH.1. Chair Sarnoff So C -- I think we have CA (Consent Agenda) -- Commissioner Suarez: Yes, yes. Chair Sarnoff Yes, corporate run. I'll be running. Commissioner Suarez will be running. I think you're blowing the gun, I think. Commissioner Carollo: I may be walking. Commissioner Suarez: I was going to say, I'm not sure how much of it I'll be running. (UNINTELLIGIBLE).11: 27: 01 Vice Chair Gort: I'll be waving you guys. Chair Sarnoff Okay. All right. So I think we have CAs to do. Am I right? We didn't get the CAs done. CA.1 and CA.2 is -- Commissioner Suarez: Move it. Chair Sarnoff You have a motion by -- Vice Chair Gort: Second. Chair Sarnoff -- Commissioner Suarez, second by Commissioner Gort. Any discussion? Hearing no discussion, all in favor, please say aye." City of Miami Page 13 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 The Commission (Collectively): Aye. PUBLIC HEARINGS 9:00 A.M. PH.1 RESOLUTION 13-00387 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF PROGRAM YEAR Economic 2013-2014 COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS, Development IN THE AMOUNT OF $105,993 FROM THE DISTRICT 2 CDBG PUBLIC SERVICE RESERVE ACCOUNT TO THE AGENCIES SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-00387 Summary Form.pdf 13-00387 Notice to the Public.pdf 13-00387 Legislation.pdf 13-00387 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PH.1 was deferred to the May 9, 2013 Commission Meeting. Direction by Commissioner Suarez to the Administration to provide the City Commission with an analysis of the per person cost by district to fund the De Hostos Senior Center meals program. Chair Sarnoff Okay, PH.1. George Mensah: George Mensah. I'm director of Community Development. Commissioners, PH.1 is a resolution authorizing the allocation of program year 2013-2014 Community Development Block Grant funds, in the amount of $105,993 from District 2 public service reserve account, and these are the agencies that are going to be funded: Catholic Charities Centro Hispano for child care services, 3, 650; Catholic Charities for services to the elderly, 8,043; Coconut Grove Cares, 6, 700 for child care services; Curley's House, senior services/elderly meals for 3,250; De Hostos senior services/elderly meals for 10, 667; KIDCO, child care services, 4,200; Little Havana Activity Center, senior services, 9,000; St. Alban's Day Nursery, 23,250; Association for Development of the Exceptional, 3,400; and Thelma Gibson Health Initiative, $33, 833. Vice Chair Gort: Move it. Chair Sarnoff I -- no, no, no, no. Commissioner Suarez: Second. Chair Sarnoff Wait, wait, wait. Read back to me what you wrote down for De Hostos. Mr. Mensah: De Hostos, 10, 667. City of Miami Page 14 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Chair Sarnoff And one more time, St. Alban's is 23,250? Mr. Mensah: That's correct. Chair Sarnoff. And Thelma Gibson initiative, $33, 833 ? Mr. Mensah: Eight hundred and thirty-three. That's correct. Commissioner Spence -Jones: Mr. Chairman. Chair Sarnoff Yes, sir -- yes, ma'am. Sony. Commissioner Spence -Jones: It's a public hearing, so I know that there's going to be some discussion on it. So I don't know if you want to open up the public hearing first -- Chair Sarnoff. Sure, let's open up the public hearing. Commissioner Spence -Jones: -- because I definitely want to give De Hostos an opportunity to speak. Esther Couvertier: Good morning. My name is Esther Couverrtier. We're going to be running short on funds if that is amount that Commissioner Sarnoff is going to give to us. Last year we receive from his district 53,000 -- Commissioner Spence -Jones: Yeah. Ms. Couvertier: -- and from you 4,000. Is any possibility, I will appreciate that you can raise those? Commissioner Spence -Jones: Right. Chair Sarnoff. I -- let me just say an analysis I went through. I actually coined it my Carollo analysis. What I did was I looked at my feeding services and saw how much it cost per person to feed a person and how I was doing that. It came out to -- I'm going to use a round number -- $750 a person a year to feed them. It wasn't bad. However -- Commissioner Suarez: How much? How much? Chair Sarnoff. Seven fifty per person per year. Commissioner Suarez: Seven hundred and fifty. Chair Sarnoff. Fifty dollars. Commissioner Suarez: Okay. I was like -- Chair Sarnoff. That's -- no, it was -- Commissioner Suarez: Yeah, yeah, yeah. Chair Sarnoff. I didn't get into -- Commissioner Suarez: Per meal. City of Miami Page 15 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Chair Sarnoff Yes. Commissioner Suarez: Right, right. Chair Sarnoff. Not per meal. Commissioner Suarez: Right. Chair Sarnoff Per year. Commissioner Suarez: I got confused there for a second. Chair Sarnoff. So I didn't get into -- I looked at, looked at -- didn't delve too deeply. I looked at overhead costs associated with that. When it came to De Hostos, I asked George Mensah, our director of CDBG (Community Development Block Grant), give me a list of people -- and I hate to do this -- but in District 2 that get fed at De Hostos, and I received a list of -- I believe it was 17 people. We then did the analysis and it came to over $4, 000 per person. And got another list from De Hostos that Mr. Mensah said "Please, rely on my list." I did. And I'm funding those people at the $750 level. Now, it is my intention -- it is a policy change. Don't know if you'll support me on this or will not support me on this, but I want to pay a little better attention to the West Grove. Andl have hired Cherry Blanton to do a needs analysis. We are going door to door, Commissioner. We're almost done, candidly. I got the private sector to give us certificates 'cause, you know, people are not, you know, Hi, I'm from the government; I'm here to help. You know, you don't usually get people to open your door. What we did was, Commissioner, we gave a 20 gift certificate to Milam's and got in there and said, you know, what is it about the West Grove? What are your needs? How can we help you? You get everything from we're in disarray to jobs to drugs. You know, you're getting answers. But we got into 300 homes. We've learned that there are now 17 abandoned homes, andl'm candidly working with the Manager trying to figure out why these homes are not on the unsafe structure list, but that's a different issue. Commissioner Suarez: Home funds. Chair Sarnoff. And you'll find out in the next Commission meeting -- being the Chair, as you know -- Commissioner Suarez: Because we can't talk. Chair Sarnoff. -- you get to know -- right -- what's coming up. You'll get to see that there is a problem with the Administration between CDBG and our people who determine unsafe structures and the taking down of the structures, but I'll leave that for that meeting. But it's my intention to start dealing more, Commissioner, with -- andl guess I'm talking to Spence -Jones because I know she has an attachment to the West Grove. I want to get to the kids. I want to get to the 14-year-old kid. I want to get to the kid whose life I still have a chance to change. And Thelma Gibson is getting a substantial increase. And the only way I could have a two -minute conversation with you is to say that we're going to create a program a little bit like the alternative program, the intention of the alternative program, that I think you all know is Georgia Jones Ayers' program. I'm not here to say that that was a good program or bad program, but I know the intention behind it was a good program. The people that they have hired at Thelma Gibson -- andl'm astounded to say this, if what they said to me is correct -- have an 89 percent nonrecidivism rate, which means everybody they touch, they have almost a 90 percent chance of making sure that is not a recidivist person that's going to go through the system, criminal justice system. I'm going to take that chance. I'm going to take the chance of starting to change a kid's life. I'm starting to fund more and more children services. I'm starting to fund -- I'm just a little tired of the hamster wheel. Now, as you could see, I get $105, 000 of City of Miami Page 16 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 CDBG money. It's not a lot of money. And I made a -- I'm making a value judgment. I'm making a policy change. It is never easy to change somebody's budget. It is never comfortable to change somebody's budget. But this is the strategy thatl want to employ. Commissioner Spence -Jones: Mr. Chair. Chair Sarnoff Yes. Commissioner Spence -Jones: Of course, you know, I support -- there's two things I support. I always support young people, and a part of what you're doing in the West Grove, I'm actually excited and thrilled that some of the attention will now go to support young people. So that's -- clearly, I'm on the same page with you on that. You also know that I support old people, that I support seniors, we support seniors. We know that, quite frankly, they don't have a second opportunity. They have to live on a fixed income. Ms. Couvertier: Right. Commissioner Spence -Jones: You know, they rely on these meals every week. We know that we've had cuts left and right for seniors, and they're relying on us. Now, I agree, because you don't have a lot of money -- I think you have the least amount of all of us, okay. My concern would be -- and I'm -- it's your money, so you have to spend it the way that you see fit for your district. My concern would be that for the last, at least, decade, De Hostos has been receiving these dollars from the D2 (District 2) allocation. And personally -- this is just a recommendation. It is your money -- I just would have liked to had more time for them to adjust to it, because even if that would mean -- because I'm -- they don't just serve -- even though they're in my district, in Wynwood, they service people in Allapattah, they service people all over. Ms. Couvertier: All over. Commissioner Spence -Jones: You know, so I would just hate to see them -- I mean, $53, 000 may not seem like a lot -- actually, it's 43 now 'cause you are giving them 10 -- may not seem like a lot, but to these seniors, it is. So my only recommendation was if we would have had more time, you know, if we would have been able to prepare for going into next year's funding cycle, at least they would have an opportunity to regroup, you know, and that's just -- that's my only concern. One, historically, the funding has always come from D2. As you know, in D5, you know, my need is really, really great. I assume that whoever the District 2 Commissioner that was there during that time supported what was happing for De Hostos. That's why it was in their budget for more than a decade. My concern is just trying to figure out the timing of it all, Commissioner. And I'm not sure when they actually found out about this, which means -- I mean, they started scrambling when they heard that this deduction was actually happening. I've been to De Hostos. Have you been to De Hostos? Chair Sarnoff Sure. Commissioner Spence -Jones: Okay. So you see all of the seniors that they're feeding daily there, so they really rely on those resources, so I would just would have liked for us to had a little bit more time to address it. Commissioner Suarez: Mr. Chair. Chair Sarnoff You're recognized. Commissioner Suarez: First of all, I want to salute you for actually, you know, taking the time to investigate what the per person meal cost is and it's a startling difference, so there has to be some sort of an explanation for that. I know I've been to De Hostos -- City of Miami Page 17 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Chair Sarnoff In the words of Ronald Reagan, there must -- Vice Chair Gort: Right. Chair Sarnofff. -- be some middle manning going on. Commissioner Suarez: What's that? Chair Sarnofff. In the words of Ronald Reagan, there must be some middle manning going on. Commissioner Suarez: Something's going on. Anyhow -- Commissioner Carollo: (UNINTET,TIGIBT,F). Commissioner Suarez: -- I've been there several times andl know there's more than 17 people there. I don't know if that's some sort of a program -- there's something off there because I know there's more than 17 people. There's -- Commissioner Spence -Jones: I think he's saying 17 from his district. Mr. Mensah: From -- Ms. Couvertier: From his district. Commissioner Spence -Jones: From his district. Chair Sarnofff. My district. Commissioner Suarez: Okay. Commissioner Spence -Jones: So what he's -- Commissioner Suarez: Okay. I want to -- okay. Commissioner Spence -Jones: -- the reason why he justified it, only 17 people are actually eating from the program. Commissioner Suarez: I got it. Commissioner Spence -Jones: So what I'm saying is, yes, 17, but basically -- most of -- I know a lot of it is my district and Gort's district -- Commissioner Suarez: Well -- Commissioner Spence -Jones: -- that actually needs to receive support. Commissioner Suarez: -- let me just say this, because then I think what we're talking about maybe a slightly different problem, which is maybe your district, to a certain extent, is sub -- even though it maybe shouldn't be because of -- you're the least recipient district, but you may be subsidizing -- Chair Sarnofff. Correct. Commissioner Suarez: -- you know, meals for other districts. So I would like to know what the City of Miami Page 18 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 per meal cost is per resident, not only of De Hostos, but -- per year but of mine as well because, you know, I think it's important for us to compare what, you know -- and Commissioner Carollo has not -- has mentioned it on multitude of occasions -- to compare, you know, how efficient each center is being, but that may be what's going on here. So we may -- maybe there's a way for us to find out through the poverty initiative for us to -- because it made it seem like initially like they were just very inefficient. I mean, if it takes -- if it costs them four times to feed one person, then that's a pretty big disparity. But if it's that you're subsidizing some other feedings for other people, then maybe we can scale yours back and upscale from the poverty initiative, which is more citywide. Commissioner Spence -Jones: Right. Commissioner Suarez: You know what I mean? Commissioner Spence -Jones: Andl guess my point, Commissioner Suarez, was, historically, for the last decade or more, it's always come from D2. Andl don't think that there's a question as to whether or not the Chairman should be able to make the decision of how his money's being spent. Even historically then, you know, the district Commissioner, I'm assuming, that -- Commissioner Suarez: Yeah. Commissioner Spence -Jones: -- started this whole thing knew he was subsidizing or she was subsidizing in those areas. My concern is timing. My concern is it would have been great to be able to work with them and the Administration early enough so even if it was all of us making a contribution towards them to help them meet their goal, that would have been fine, but now for them to, you know, now kind of know that $43, 000 is going to be gone out of their budget, how do you really prepare for that? Commissioner Suarez: Well, I don't know exactly what the exact amount is, but I think the reason why I wanted to pipe in was I think, first of all, it's very legitimate for him to, like you said, be able to decide. We don't interfere with any Commissioner in terms of -- Commissioner Spence -Jones: Yes. Commissioner Suarez: -- their policy decisions in their district. Andl think the basis that he's articulated is a good basis. I mean, he's actually done a financial analysis and come to the conclusion that, for whatever reason, the cost per person is four times greater than other like institutions. My question is if the reason for that is that other people are eating off those funds, I think we have an obligation, as a Commission, as a body -- that's why we have the poverty initiative to make sure that no one goes hungry in our city, so -- I mean, I agree that it shouldn't come out of the District 2's allocation because it creates a situation where he is, in effect -- and there are needs in his district. He just identified a very good one in the -- you know, the Thelma Gibson center and a different priority that he wants to promote, which I agree with as well. I think the West Grove, you know, could use the help. Andl agree that, you know, if we can help kids who are entering -- leaving adolescence and entering adulthood, that's the perfect moment, you know, to be in their lives and trying to have a positive impact. I'm willing to make up the difference if -- as long as they're being efficient, and the issue isn't them not being efficient per person, okay, the actual numbers. I'm willing to make up the difference on the next item, which is the poverty initiative. Commissioner Spence -Jones: But do we -- I guess -- Chair Sarnoff. Maybe I could close the gap a moment. But this -- you know, in one of my moments of -- how do you say it? I gave -- City of Miami Page 19 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Commissioner Suarez: Generosity? Chair Sarnoff -- Curley's House some money that certainly was not in my district, candidly. I could easily give the $3,250, which would then bring their allocation up to $13,917 because ifI stayed consistent with my philosophy, then I should be doing that. The Association for the Development of the Exceptional is just -- to me, it's a moral issue. I mean, nobody in this City -- I want to say this the right way without getting anyone mad at me. Commissioner Carollo: Andl think we're all funding. Commissioner Suarez: Yeah, we all are. We all are, so let's -- Chair Sarnoff Okay. Commissioner Carollo: And we're all (UNINTELLIGIBLE). Commissioner Suarez: Yeah, we are. Commissioner Spence -Jones: Andl just want to be clear -- Chair Sarnoff We all give them something. Commissioner Spence -Jones: I want to be -- Chair Sarnoff I think we all feel a moral -- Commissioner Spence -Jones: Right. I want to be clear on -- Commissioner Carollo: We're all -- Commissioner Suarez: Correct. I think we're all on the same page on the issue. Commissioner Spence -Jones: Yeah. I -- this is not about -- I just want to be clear, that this is not about how you spend your money. Chair Sarnoff Okay, I get it. Commissioner Spence -Jones: Okay, and l just want to be clear on that 'cause, you know, we're hammering away on, you know, the fact that, you know, when we do the analysis, what comes out of that 17 people, 4,000 -- that's not the issue. The issue is that it has historically come, you know, from that district, and the seniors and the individuals that have paid the way for us rely on those meals every single day, you know. So I would -- I'm just communicating thatl think it's extremely important that we at least consider how we're going to fill the gap. Andl think, as you mentioned, Commissioner Suarez, when you look at poverty initiatives, which is the next item, we're already tapped out on that. Commissioner Suarez: Yeah, but we can expand that. We can go -- we can go more than that. Commissioner Spence -Jones: But where are we going to get the money --? We got -- we -- Commissioner Suarez: Oh, yeah. Forty thousand dollars, yeah. We can do it. Commissioner Spence -Jones: So, George, do we have more than $362, 000 somewhere? We got an extra $40, 000 somewhere? City of Miami Page 20 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Commissioner Suarez: We have -- Mr. Mensah: Not according to the allocation that was given to us by the budget director. Commissioner Spence -Jones: Huh? Mr. Mensah: We were given $362, 000. That's how much is in the budget. Commissioner Spence -Jones: Right, right. But what I'm saying to my fellow Commissioner is that right now we're already allocating $362, 000 towards poverty initiative, and there are items already outlined that are already going to organizations that are already relying on it for -- from last year this year. So unless there is an additional pot of money, I'm fine with -- Commissioner Suarez: Yeah. Commissioner Spence -Jones: -- you know -- so you're shaking your head. I haven't heard a 'Yes" from George. 'Cause if it is -- or the Manager -- if we do have $40, 000, then this is not a discussion. Commissioner Suarez: Of course. Commissioner Spence -Jones: Then -- Commissioner Suarez: Yeah. Let me just say -- Commissioner Spence -Jones: -- you know, Marc, you know, my only discussion this morning was to -- Vice Chair Gort: The timing. Commissioner Spence -Jones: -- not take -- the timing -- money from the mouths of these seniors that, quite frankly, rely on it every single day. So, you know, I understand -- you know, sometimes we make decisions up here that's not based upon those issues. They're based on what's morally right. And, you know, for us to now -- for them to go tell 40 other seniors they can't eat now -- Commissioner Suarez: Mr. Chair. Chair Sarnofff. You're recognized. Commissioner Suarez: Yeah. I think all we have to do -- and correct me if I'm wrong, Mr. Manager or Mr. Alfonso -- is we can increase our poverty initiative from 362 to 400, which is essentially the difference. Commissioner Carollo: Mr. Chairman. Chair Sarnofff. You're recognized. Commissioner Carollo: I think, in essence, what Commissioner Spence -Jones is saying, listen, we don't want to interfere with your District 2 allocation and your ability to fund this or fund that and whatever your policy is. I think what she's actually saying, can you wait an additional two weeks so that now you don't have Danny running around, you don't have Mr. Mensah running around and so forth because, ultimately, even if that is your decision, there's been seniors that have been depending on these meals. Whether they're more expensive than the other meals or not, the bottom line is they're depending on these meals. So can we wait an additional two weeks City of Miami Page 21 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 to see if there could come some type of solution? And excuse me if I'm wrong, but is that what you're saying, Commissioner? Commissioner Spence -Jones: Exactly. Vice Chair Gort: Right. Commissioner Carollo: Right. Commissioner Spence -Jones: Exactly. It's timing. Commissioner Carollo: And what I don't want -- Commissioner Spence -Jones: It's like we just do things right. I want to just do things right. Commissioner Carollo: Right. And what don't want is now, all of a sudden, up on the dais -- and you know very well what I'm saying, Commiss -- I'm sorry, Chairman Sarnoff -- with regards to negotiating from the dais. What I don't want right now is all of a sudden everyone -- I see everyone running around saying okay, what's the right thing to do, what's this and that? I know that -- and I understand what Commissioner Suarez is saying. Commissioner Suarez is saying, hey, you know what, let's just use an additional $47, 000 from the general fund and move it into here and fund this but, you know -- so I -- and the bottom line is -- Commissioner Spence -Jones: Andl think that's a -- Commissioner Carollo: -- you know, what -- Commissioner Spence -Jones: -- dangerous way to go because -- I mean, I can think of a million additional things, and then -- let me just say this. We start doing that and already I'm sure Curley's House is ringing right now 'cause Marc just took $3, 000 from them. Chair Sarnofff. Oh, no, no, no, no, I didn't take it. I suggested. Commissioner Spence -Jones: No, but you made the recommendation -- Chair Sarnofff. Right. Commissioner Spence -Jones: -- you know. Commissioner Carollo: What -- Commissioner Spence -Jones: And I'm -- and my point is, I don't want to do stuff that's messy and not in order. Commissioner Carollo: Right. Commissioner Spence -Jones: Let's think it out. Let's figure out how we're going to deal with it and then move on. But I do not want them to go back leaving here servicing these seniors feeling like they're going to have a problem to feed them. Chair Sarnofff. So why doesn't -- Commissioner Carollo: In essence -- Chair Sarnofff. Let's -- so the neighbors -- City of Miami Page 22 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Commissioner Suarez: Can I finish my sentence? Chair Sarnoff -- (UNINTET,TIGIBT,F). Commissioner Suarez: Can I finish the sentence thatl was saying? Chair Sarnoff Yeah, go ahead. Commissioner Suarez: Okay, thank you, Mr. Chair. Okay, so I think what I wanted to finish saying was that basically, I want to know the cost per person that that money is funding because if the issue is that District 2 is subsidizing another district, then I completely agree with the Chairman that he should be able to fund to the level that there is participation in his district and then use his limited resources, extremely limited resources for other priorities. Now, I still think we have a moral obligation as a city, which is why we created the poverty initiative, which, by the way, is all general fund money. All 362,000 of it is general fund money. We keep getting cut from the federal government on an annual basis and that's why we're using general fund money. We've gone up to Washington ad nauseam for three years and spoken to senators and congressmen and told them, listen, we have to keep subsidizing this programs because we feel out of the $500 million that we spend every year, that we cannot let senior citizens in our city starve. We just do not feel that that is the morally right thing to do. So from my perspective, I think it's an easy decision. I think it could have been solved in the next item because it's a general allocation, which, if you're subsidizing -- if District 2 -- I would do the same thing in my district. I think everybody here would do the same thing, which is, look, I have a limited -- I have a lot of need and a limited amount of resources. I want the limited resources to go to the needs in my district and then the rest we use, you know, the kind of general allocation to make sure that we are, you know, not leaving anybody behind, to use a -- you know, kind of a federal term. You know, not leaving any elderly behind. So I think -- you know, I think we could solve it, but if you guys want to wait two weeks, that's fine with me. I have no problem with that. That way we can get a little bit more information. Chair Sarnoff So let the maker withdraw her motion -- Vice Chair Gort: Withdraw. Chair Sarnoff She made it. Commissioner Spence -Jones: I made it? Chair Sarnoff I think you did. I thought I heard (UNINTELLIGIBLE). Nicole N. Ewan (Assistant City Clerk): Vice Chair Gort made the motion. Chair Sarnoff Vice Chair Gort -- Vice Chair Gort: Withdraw. Chair Sarnoff -- withdraws. The seconder doesn't need to do anything. Mr. Man -- Vice Chair Gort: And by the way, the backup programs that I have here -- I mean, the information that I have, it says 53. Commissioner Suarez: Right. That's true. Vice Chair Gort: (UNINTET,T IGIBT ,F) City of Miami Page 23 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Mr. Mensah: That's correct. Commissioner Suarez: But these are just floor amendments. Chair Sarnoff. Right. It was a floor amendment I made. Vice Chair Gort: Oh, okay. Commissioner Spence -Jones: Fifty-three people serviced. Chair Sarnoff No, no, no, no. Commissioner Suarez: No, no. Chair Sarnoff. Fifty-three thousand. Commissioner Spence -Jones: Oh, yeah. Vice Chair Gort: Fifty-three thousand. Chair Sarnoff Yeah. Commissioner Carollo: (UNINTET,TIGIBT,F). Chair Sarnoff. So come back, we'll have this by -- I could do that by an instruction, to have this brought back, or does it need a motion for continuance? Commissioner Spence -Jones: I mean, can you just deal with all the items but that one so you get your other stuff moving or you -- it has to --? Chair Sarnoff. Okay, we'll wait. Commissioner Carollo: So I could make a motion to defer PH.1 to the next Commission meeting. Commissioner Suarez: Second. Chair Sarnoff. There you go. Motion, second. All in favor, please say aye." The Commission (Collectively): Aye. Commissioner Suarez: Mr. Chair. Chair Sarnoff. Yes, you're recognized. Commissioner Suarez: May I just -- with your permission and with the Board's permission, I just want to kind of explain to them what just happened so that they can understand it. What basically happened is we are taking an extra two weeks to figure out exactly what's going on in terms of the per person cost so that we can try to find a way to keep you whole, whether it be through District 2 -- probably not through District 2 because he's already realized that he's subsidizing other districts possibly through our general allocation. Ms. Couvertier: Oh, okay. City of Miami Page 24 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Commissioner Suarez: Okay. So we just want you to be clear on that, okay? Ms. Couvertier: Okay. I would like to -- if you want me to, I can make a list of all the Commissioners that I -- we serve. We serve in all of your -- Commissioner Suarez: That's fine. Commissioner Spence -Jones: Yes, I would like for you to definitely do that. Commissioner Suarez: That's fine. And what's interesting -- what's interested -- what we're interested too is -- Ms. Couvertier: Because we send homebound meals to -- Commissioner Suarez: Right. We're interested in knowing the cost per person just to make sure that everything is being run efficiently. I mean, I think we've all at different times been interested in making sure that our agencies are being efficient with their delivery of services. Vice Chair Gort: No, and it's important to understand, a lot of our seniors citizen, that's the only meal they get. Commissioner Spence -Jones: That's the only meal they get. Vice Chair Gort: That's the only meal they get. Commissioner Suarez: That's it. Chair Sarnoff I'm -- look, I -- Commissioner Spence -Jones: And this is not about -- again, I want to be very clear -- Vice Chair Gort: It's not about -- Chair Sarnoff I get it. I get it. I want -- Commissioner Spence -Jones: -- because everybody's making it about your money. It wasn't about -- never about your money. Chair Sarnoff Andl want to -- Commissioner Spence -Jones: It was -- or you having a choice or decision. This is about -- Commissioner Suarez: That's why I wanted to explain it to them. Commissioner Spence -Jones: -- doing what's right and doing it in a decent and orderly fashion. And I'm not -- so that was my issue. Chair Sarnoff And, Esther, understand something. All I'm trying to do is take a limited resource -- Ms. Couvertier: I understand. Chair Sarnoff -- put it to a resource that don't think has ever really been addressed in a neighborhood that is quickly evaporating that I'd like to see its last opportunity to stabilize itself. And all I'm doing is looking at how I feed people across my district, what that cost allocation is City of Miami Page 25 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 in feeding those people that are attenuated to my district. I know it sounds selfish. Every decision up here, inevitably, is a selfish decision in some respects. Commissioner Suarez: I don't know if it's selfish. Ms. Couvertier: Okay. Chair Sarnoff But I'm just trying to strategize a little differently. Ms. Couvertier: Okay. Commissioner Suarez: Thank you. Ms. Couvertier: Thankyou very much, Commissioners. Mr. Mensah: (UNINTET,TIGIBT,F) Commissioner -- Commissioner Spence -Jones: And if we can just direct the Administration, though, to work along with them and with the other Commissioners' offices to see how we're going to identify the resources to make it happen. Mr. Mensah: Okay. Chair Sarnoff Let me make sure the public hearing is closed on PH.1. Commissioner Suarez: Mr. Chair. Chair Sarnoff You're recognized. Commissioner Suarez: I think we should defer PH.2 as well, because they're kind of companions, for one meeting. Chair Sarnoff So we have a motion -- Commissioner Suarez: Defer PH.2 to the next meeting. Commissioner Carollo: Second. Commissioner Spence -Jones: Second. Ms. Ewan: Chair, can I please have a vote on the deferral of PH.1 ? Commissioner Suarez: Sorry. Apologies, Madam Clerk. Ms. Ewan: Thankyou. Chair Sarnoff Sorry. Vice Chair Gort: (UNINTET,TIGIBT,F). Chair Sarnoff All in favor, please say aye." The Commission (Collectively): Aye. Commissioner Suarez: And by the way, you're doing a great job. City of Miami Page 26 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 PH.2 13-00389 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF FUNDS TOTALING Economic $362,000, IN THE AMOUNTS AND TO THE AGENCIES SPECIFIED IN Development ATTACHMENT "A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICES ACTIVITIES, FROM THE POVERTY INITIATIVE PROGRAM, ACCOUNT NO. 14010.910101.882000; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCIES, FOR SAID PURPOSE. 13-00389 Summary Form.pdf 13-00389 Notice to the Public.pdf 13-00389 Legislation.pdf 13-00389 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PH.2 was deferred to the May 9, 2013 Commission Meeting. Chair Sarnoff PH.2. There is a motion to -- Commissioner Suarez: You have a good instructor. Chair Sarnoff Do I have to open a public hearing on the deferral? Commissioner Suarez: No. Chair Sarnoff No, okay. Nicole N. Ewan (Assistant City Clerk): No, sir. Commissioner Spence -Jones: Okay. Chair Sarnoff So we -- Commissioner Suarez: Move it. Chair Sarnoff -- have a motion. We have a second. All in favor, please say aye." The Commission (Collectively): Aye. PH.3 RESOLUTION 13-00332 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), CLOSING, VACATING AND ABANDONING FOR USE A PORTION OF AN ALLEY LOCATED ON THE NORTH SIDE OF NORTHWEST 7TH STREET, BETWEEN 34TH AND 35TH AVENUES, MIAMI, FLORIDA, LYING ADJACENT TO LOTS 3, 4, 5 AND 6, BLOCK 3, AMENDED PLAT OF DOUGLAS SEVENTH COMMERCIAL CENTER, PLAT BOOK 25 AT PAGE 24, ALSO KNOWN AS 3435 NORTHWEST 7TH STREET, MIAMI, FLORIDA, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED. City of Miami Page 27 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 SR.1 13-00194 13-00332 Summary Form.pdf 13-00332 Notice to the Public 04/25/13.pdf 13-00332 Memo - Office of the City Attorney. pdf 13-00332 2012 Real Estate Property Taxes.pdf 13-00332 Legislation. pdf 13-00332 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-13-0162 Chair Sarnoff Okay, PH.3. Commissioner Spence -Jones: SR (Second Reading). Are we going to SR? Commissioner Suarez: No, no, PH.3. Vice Chair Gort: PH.3. Chair Sarnoff PH.3, the alleyway, yeah. Nzeribe Ihekwaba (Director, Public Works): Good morning. Commissioner Spence -Jones: Oh, okay, yeah. Mr. Ihekwaba: Zerry Ihekwaba, Public Works director. PH.3 is a resolution to declare a portion of a public alley, located on the north side of Northwest 7 Street, between Northwest 34th Avenue and 35th Avenue, as abandoned and deems a portion of the right-of-way as closed and vacated. This alley was previously authorized by the City Building Department and other City departments through a process of permitting to have a building constructed at -- encroaching on a public alley. Vice Chair Gort: Move it. Chair Sarnoff We have a motion by Commissioner Gort. Commissioner Suarez: Second. Chair Sarnoff Second by Commissioner Suarez. Any discussion? Public hearing. Opening up a public hearing on PH.3. Anybody wishing to be heard on PH.3, please step up. Hearing none, seeing none, coming back to this Commission. We have a motion. We have a second. All in favor, please say iiye. " The Commission (Collectively): Aye. END OF PUBLIC HEARINGS ORDINANCE - SECOND READING ORDINANCE Second Reading City of Miami Page 28 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 District2- AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER Commissioner Marc 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS David Sarnoff AMENDED, ENTITLED "FINANCE/ CITY OF MIAMI PROCUREMENT ORDINANCE", MORE PARTICULARLY BY AMENDING SECTION 18-94, ENTITLED "QUALIFICATIONS AND DUTIES OF CONTRACTUAL PARTIES", TO PROVIDE FORADETERMINATION OF RESPONSIBILITY, AND SECTION 18-95, ENTITLED "DETERMINATION OF RESPONSIBILITY", TO PROVIDE THATA PROSPECTIVE CONTRACTUAL PARTY DECLARED IN DEFAULT OF A CITY OF MIAMI ("CITY") CONTRACT OR OWING MONEY TO THE CITY WILL BE DETERMINED AS NONRESPONSIBLE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 13-00194 Legislation (Version 2) SR.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Noes: 2 - Commissioner(s) Carollo and Suarez 13379 Chair Sarnoff Okay, SR.1. Vice Chair Gort: It's not -- it was pulled. Was it? Kenneth Robertson: Good morning, Commissioners. Kenneth Robertson, Purchasing director. SR.1 is an ordinance amending Sections 18-94 and 18-95 of the procurement code to provide that a perspective contractual party declared in default of a City ofMiami contract or owing money to the City will be determined as nonresponsible unless certain prior conditions are met. Vice Chair Gort: Move it. Chair Sarnoff We have a motion by Commissioner Gort. Can I --? Commissioner Spence -Jones, you up here? Commissioner Spence -Jones: Yes. Chair Sarnoff Andl got a second -- Commissioner Spence -Jones: Second. Chair Sarnoff -- from Commissioner Spence -Jones. It is a public hearing. Anybody wishing to be heard on SR. 1? SR. 1, hearing none, seeing none, coming back to this Commission. I do have a recommendation, and Madam City Attorney, if you'd walk through this with me. It's not very significant, but from a lawyer's speak, it might sound a little better, and it comes from a lawyer. It says, I would like to suggest a slight change in order to tighten, andl believe, the intent of the ordinance is -- been formally notified by; instead, has received a formal notice of delinquency from the City. I think it's -- Commissioner Spence -Jones: I'm sorry, Mr. Chairman, 'cause I was a little caught up. But on this item, I really would like for all the Commissioners to be involved in this amending. So I'm not really sure why -- and maybe they had to go to the little boy's room; I'm not sure. But can we just hold off until they all can participate in this discussion? City ofMiami Page 29 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Chair Sarnoff That's fine. Commissioner Spence -Jones: Okay. So I withdraw my second until we have this discussion. Chair Sarnoff Okay. Vice Chair Gort: Withdraw my motion. Nicole N. Ewan (Assistant City Clerk): Commissioner, you don't have to withdraw that second. You can just table it, the item. Commissioner Spence -Jones: Okay, table. Chair Sarnoff We're going to table it. Later... Chair Sarnoff All right, we had tabled SR.1. We had a motion. We had a second on that. And this is the finance -- City ofMiami procurement. Andl know Ken Robertson was starting. So why don't you just redo it, if you don't mind? Mr. Robertson: Sure. Good afternoon, Commissioners. Kenneth Robertson, Purchasing director. SR.1 is an ordinance amending Sections 18-94 and 18-95 of the procurement code to provide that a prospective contractual party declared in default of a City ofMiami contract or owing money to the City will be determined as nonresponsible unless certain conditions are met. Chair Sarnoff All right, public hearing. Anybody wishing to be heard on SR.1, SR.1, please, step up. Hearing none, seeing none, coming back to this Commission. We've had a motion. We've had a second. Any discussion? Commissioner Carollo: Mr. -- Chair Sarnoff You're recognized. Commissioner Spence -Jones: No. I just -- Mr. Chairman, the only reason why I withdrew my -- Chair Sarnoff Yeah, you wanted everybody here. Commissioner Spence -Jones: Yeah. I just wanted to make sure that -- I wanted to hear their viewpoint on the issue. Commissioner Carollo: First of all, you know -- andl think I've mentioned it before -- I feel that if someone's delinquent, then why do we want to keep doing business with this company? You know, as far as them putting money in escrow and then giving them another bite at the apple and all this is, I think more than anything, it should be, hey, if you're not paying us -- if you're in default, if you're suing us, a potential lawsuit or so forth, you know what, maybe it's time that we part ways and not continue to give, you know, additional bite at the apples. Now, with that said and that aside, I received a phone call also with regards to some language in here with regards to notification. Either the definition notify or is notified once you've been invoiced or is it -- it's notified once you've been notified that you're delinquent and the next stage, so I'm not sure with regards to the language, butt could find out exactly what the concern was. But believe you mentioned something about the actual definition of notification. So I just want -- Chair Sarnoff I think -- yeah. What I'm -- let me just put it to you, Commissioner, because I got this from Juan Flores from -- City ofMiami Page 30 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Commissioner Carollo: Right. And same one that reached out to our office. Chair Sarnoff Fair enough. And it says right now -- and Madam City Attorney I think would agree, lawyers don't usually talk like this. Been formerly notified by to has received a formal notification of delinquency. Andl think that's a minor modification, butl think it sounds more lawyerly and it may sound -- and flow a little better. I don't think it's a major change. I would just say this to you, Commissioner. This does give people due process rights. And as much as you want to believe or not believe it, we are a public entity and we've got to give people the ability to settle disputes, but we can put certain practical and certain significant events that they have got to satisfy if they're ever to stay at least in line for another job, so to speak. Andl think this is -- let's not mistaken, Mr. Procurement Director. I got this primarily from Pittsburgh, New York City, Philadelphia, and Atlanta. This is how they do business. Mr. Robertson: This is also how we do business currently. I would like to add that this ordinance does support potential bidders' due process rights. Bidders who have not defaulted on prior or existing contractual obligations and who may be disputing an alleged financial debt to the City should be entitled to pursue their due process rights while still being able to bid on a City contract. Chair Sarnoff Commissioner Gort. Vice Chair Gort: Now, my understanding also is, if the -- even if the person do not win the bid, since that money's in escrow account and we win the case, we get paid. Mr. Robertson: Correct. Vice Chair Gort: Okay. Chair Sarnoff It's an incentive. Vice Chair Gort: Yeah, it's an incentive. Chair Sarnoff It's a real incentive. The money's there; you don't chase them. (UNINTELLIGIBLE). Vice Chair Gort: The money is there, you don't have to chase them; you get paid anyway, even if they don't get the bid. Commissioner Spence -Jones: So it's a way of at least getting the money in-house. Vice Chair Gort: Right. Chair Sarnoff It's an incentive. Vice Chair Gort: Yes. Chair Sarnoff It's an incentive. Commissioner Spence -Jones: I -- only reason -- like I said, I just know this was a hot -button issue -- Chair Sarnoff Sure. Commissioner Spence -Jones: -- andl really wanted to make sure that, you know, we all voted City of Miami Page 31 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 on it and was happy with it. I did support it. But I just wanted clarity on it so. Chair Sarnoff. All right. So any further discussion? All right, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Ms. Ewan: Your roll call on item SR.1. Commissioner Carollo? Commissioner Carollo: No. Ms. Ewan: Commissioner Suarez? Commissioner Suarez: No. Ms. Ewan: Commissioner Spence -Jones? Commissioner Spence -Jones: I will support you on this issue, Marc. Commissioner Suarez: I support him in spirit. Ms. Ewan: Vice Chair Gort? Vice Chair Gort: Yes. Ms. Ewan: Chair Sarnoff? Chair Sarnoff Yes. Ms. Ewan: The item is adopted on second reading, 3-0, as amended. Chair Sarnoff. I just want to thank the District 5 Commissioner. Ms. Ewan: Three -two, excuse me. Chair Sarnoff. All right. Commissioner Spence -Jones: Only because we're going to get money out of it, okay. Chair Sarnoff Correct. Commissioner Spence -Jones: Get our money back, I should say. Chair Sarnoff. Right. We're going to do responsible stuff. END OF ORDINANCE - SECOND READING ORDINANCES - FIRST READING FR.1 ORDINANCE First Reading 13-00288 District 4- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 10/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Francis Suarez AMENDED, ENTITLED "BUILDINGS/IN GENERAL", MORE PARTICULARLY BY AMENDING SECTION 10-4 , ENTITLED, "BUILDING PERMIT FEE City of Miami Page 32 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 SCHEDULE," IN ORDER TO SET THE SCHEDULE OF BUILDING PERMIT FEES AT $45.00, FOR RESIDENTIAL IMPROVEMENTS COSTING LESS THAN $2,500; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-00288 Legislation FR.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item FR.1 was deferred to the May 9, 2013 Commission Meeting. Chair Sarnofff. Okay, we're back on the agenda. We do have a couple of -- we were asked for SR.1 to have everybody out here. FR.1, we didn't go forward with, Commissioner, 'cause it was your item. I'm okay with proceeding with FR.1. Commissioner Suarez: I am too. If you want me to, I can -- Chair Sarnofff. I -- you know what, we know what time we're supposed to be back. Commissioner Suarez: Okay. And, again, FR.1, I guess some people were told it was going to be deferred, so out of deference -- Commissioner Carollo: I was called -- I was told it was going to be deferred. Commissioner Suarez: -- to those Commissioners, I'll just put a couple of things on the record and then, you know, we can defer it, if you want. The last time that we talked about it -- the reason why it was on is 'cause it -- my intent was for it to be a discussion item at the last Commission meeting and an action item at this Commission meeting. So what happens sometimes with the scheduling is that it just gets done that way. But what we left pending at the last Commission meeting was the potential fiscal impact of the item. And what it is is a -- an ordinance which would reduce the building -- the permit fee to -- I'm looking for the item. Okay, it would reduce for small -- What happens a lot of times is people don't get permits and do construction in the City ofMiami. We know that. And part of the reason why is there was an increase in permitting fees, which I voted against; I know Commissioner Carollo voted against. And what we see happening a lot of times is there is no incentive to comply with the law. We want our residents to comply with the law. We want them to get the permits, but we also want it to be simple. We want it to be relatively inexpensive. So what this would do is reduce the permit fee from what it was before to -- instead of 50 cents of the construction cost to 2,500 -- I'm sorry - - to $45 for any work -- permitted work that's under $2, 500. We had a situation where people were paying more in permit fees for a toilet -- to permit a toilet than for the actual toilet itself, so - - because of the nature of the work that was needed to actually install the toilet. So this, hopefully, will incentivize people to actually get permits, particularly on small construction. It does have a fiscal impact. Andl have to say that the fiscal impact that's in the package is a fiscal impact that is calculated on the basis that the same amount of permits would be pulled, except at the lower rate, at the $45 rate versus the 50 cents rate. Andl would posit that more people will be pulling permits so that that fiscal impact is going to be diminished by the fact that people will actually get permits because the permits are affordable. And people, I think, generally want to comply with the law. So, you know, I just wanted to put it out there as a discussion item. And if the Commission wants to discuss it, I'd love to hear my colleagues' thoughts on it. And if not, then, you know, we can go forward or we can defer it. I have no problem deferring it. Chair Sarnofff. I think it's a good discussion item and if a Commissioner or Commissioners were told we'll defer it, you know, obviously, we're pretty deferential to each other. But, you know, I City ofMiami Page 33 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 want to say I think it's a good idea. It's a good idea because I think people in the City ofMiami, I think, make a value determination, which is a permit could cost 50, 60, 70 percent of my construction and why would bother to get a permit? But equally, in tandem with your item, should be the ease of getting a permit. It's got to be done online. It -- the City has got to modernize. I had an issue with regard to IT (Information Technology). We simply need to get to the point where if you have to have an inspection, everything could be handled electronically up until the point of that discussion. Commissioner Suarez: I know, right. Chair Sarnoff And you know what, you put your credit card in; here's my, what is it, $45 fee? Commissioner Suarez: Right. Chair Sarnoff And you come out and you put the toilet in wrong. It's going to blow the whole system. Hey, I want to know that. Commissioner Suarez: Andl don't want to get into or digress into a larger discussion about IT and our failures in that department. But the fact of the matter is that we don't have very simple procedures to pay for things that we should have available online. One of the -- my stickler was a certificate of use, which I wanted a program so people could start a business in the City of Miami, and just like you can open a business in the state of Florida for $70 and get an entity identification number from the federal government for free and instantly, you should be able to open a business in the City ofMiami and get started legally, instantly online. And so I think that's a very good addition. So maybe what we'll do is work with the Administration between now and when we bring it back to see if there can be a component -- I don't know if it has to be legislated or it's just a matter of IT, whenever gets it together, you know, making that part of their system. So -- but there is a fiscal impact andl -- and it is significant. It's a quarter of a million dollars so -- according to their analysis. So I just want -- put that on the record and be clear about that as well. Chair Sarnoff I think it's 170 per year; totally quarter of a million dollars. That's what I was told. Commissioner Suarez: I'm sorry? Chair Sarnoff One hundred and seventy thousand dollars annually, but because we're in the year that we're in, it could be $240, 000 -- Commissioner Suarez: Got it. Right. Chair Sarnoff -- and change. But I think we should annualize it. It's $170,000. I think we should strategize and figure out is it really 170? Is it really probably 100 because -- Commissioner Suarez: Right. Chair Sarnoff -- so many more permits will come in? Commissioner Suarez: Exactly. Chair Sarnoff Okay, anybody else? Commissioner Suarez: I'll move to defer it to the next Commission meeting. Commissioner Carollo: Second. City ofMiami Page 34 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 FR.2 12-01170 District 4- Commissioner Francis Suarez RE.1 12-00693 Chair Sarnoff All right, motion to defer. We have a second. All in favor, please say aye." The Commission (Collectively): Aye. ORDINANCE ITEM TO BE DEFERRED First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 10/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "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 Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item FR.2 was deferred to the June 27, 2013 Commission Meeting. END OF FIRST READING ORDINANCES RESOLUTIONS RESOLUTION District2- A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY Commissioner Marc MANAGER TO DISCONTINUE THE PAYPHONE PILOT PROGRAM David Sarnoff ESTABLISHED PURSUANT TO RESOLUTION NO. 01-449, ADOPTED MAY 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 Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item RE. 1 was deferred to the June 27, 2013 Commission Meeting. City of Miami Page 35 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 RE.2 13-00191 RESOLUTION Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Improvements CITY MANAGER TO EXERCISE THE CITY OF MIAMI'S ("CITY'S") FIRST Program OPTION TO RENEW THE PROFESSIONAL SERVICES AGREEMENT WITH TRANSPORTATION AMERICA, INC., TO PROVIDE ON -DEMAND TRANSPORTATION SERVICES THROUGHOUT THE CITY FOR THE LOW INCOME ELDERLY AND/OR DISABLED, FOR AN ADDITIONAL ONE (1) YEAR PERIOD, IN THE NOT TO EXCEED AMOUNT OF $256,103; ALLOCATING FUNDS FROM THE CITY'S SHARE OF THE TRANSIT SURTAX. 13-00191 Summary Form.pdf 13-00191 Pre-Legislation.pdf 13-00191 Legislation.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez R-13-0163 Chair Sarnoff All right, so we are now at -- Commissioner Spence -Jones: FR.1. Chair Sarnoff -- FR.2 -- yes, FR.1. Well, that's Suarez; he's not here. RE.2 has been continued. Commissioner Spence -Jones: RE.2 or RE.1 ? Chair Sarnoff RE.2. RE.1 is discontinuing pay phones. That's the one we just continued. Commissioner Spence -Jones: Yeah. Are we --? Chair Sarnoff RE.2, I think, is up. Commissioner Spence -Jones: Okay. Mark Spanioli: Good morning, Commissioners. Mark Spanioli, director of Capital Improvements. RE.2 is the first one-year renewal option for the on -demand transportation services with Transportation America, in the amount of $256, 000. This is the first renewal option of the four one-year renewal options that are available. Chair Sarnoff All right. Is there a motion? Commissioner Spence -Jones: Second. Vice Chair Gort: Move it. Chair Sarnoff No, you have to make the motion. We have a motion by Commissioner Gort -- Commissioner Spence -Jones: (UNINTET,TIGIBT,F). City of Miami Page 36 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Chair Sarnoff -- second by Commissioner Spence -Jones. Any discussion? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. Mr. Spanioli: Thank you. Commissioner Spence -Jones: I'm assuming Gort is happy 'cause you were the one that -- okay. RE.3 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 ofAgreement.pdf 12-01388 Legislation.pdf 12-01388 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.4 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 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. City of Miami Page 37 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 13-00314 Summary Form.pdf 13-00314 Legislation.pdf 13-00314 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.5 13-00367 City Manager's Office Note for the Record: Item RE.4 was deferred to the June 13, 2013 Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RELATED TO THE REAPPORTIONMENT OF THE JURISDICTIONAL BOUNDARIES OF THE CITY COMMISSION DISTRICTS FOR USE IN THE NOVEMBER 5, 2013 ELECTION AND EACH ELECTION THEREAFTER; OFFICIALLY DELINEATING THE BOUNDARIES OF EACH DISTRICT AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED. 13-00367 Summary Form.pdf 13-00367 Final Report- Proposed Redistricting Plan.pdf 13-00367 Legislation.pdf 13-00367 Exhibit 1.pdf 13-00367-PowerPoint Presentation -Redistricting Alternartives Compared.pdf 13-00367-Submittal-Maps.pdf 13-00367-Submittal-Sarnoff Plan.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Note for the Record: Item RE.5 was deferred to the May 9, 2013 Commission Meeting. Chair Sarnofff. All right, F -- RE.3, I think, was also continued. Commissioner Spence -Jones: RE.3, okay. Chair Sarnofff. RE.4, was that continued? Unidentified Speaker: Yes. Chair Sarnofff. It was. Commissioner Spence -Jones: That was deferred. Chair Sarnofff. You going to help me with the continuances, Mr. Manager? I didn't outline them. Redistricting is a 5 o'clock time certain. Commissioner Spence -Jones: Can I ask you a question? I know I was off the dais when you mentioned this. I understand that you and Suarez are leaving at 10 o'clock -- I mean, not 10 -- an hour late -- 6 o'clock. Commissioner Suarez: 6:10, 6:10. City of Miami Page 38 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Commissioner Spence -Jones: 6:10, okay. Andl have to also leave early as well. So I wanted to ask you, is -if a 5 o'clock concern -- are we just actually listening to testimony or what are we doing? Because I know that there are going to be a lot of people here. We -- what are we doing on this particular issue? Chair Sarnofff. Well, we're supposed to be deciding on redistricting -- Commissioner Spence -Jones: Discussing the plan? Chair Sarnofff. Yeah. Commissioner Spence -Jones: Okay. So if -- do you -- is the assumption that we would go past 6 o'clock or the assumption is we're going to be done with this by 6? Chair Sarnofff. I intend on walking off the dais at 6:10. Commissioner Spence -Jones: Right. Commissioner Suarez: We make an instruction. If we -- I've also told people, if you've already said something once, do you really need to say it again? Meaning, we know how they feel. Commissioner Spence -Jones: Yeah. Chair Sarnofff. I'm trying to get some efficiencies -- I know Ken Jett wants to speak. I know he has a presentation. If he's going to bring the same group of people, just by a show of hands, would everybody reinforce what they said before? Commissioner Spence -Jones: I just want to make sure we -- we're giving them enough time to do what's necessary 'cause to my understanding, this is the last vote on this issue because we have to have it done by April, right? Chair Sarnoff The answer to your question is it's going to be heard. What happens in that hearing, I don't know. Commissioner Spence -Jones: Okay. Chair Sarnoff I don't want to rush anybody, Commissioner. I agree with you. I was the one that wanted to give it an additional two weeks, but, you know, it's here. I'm willing to deal with it on whatever basis we need to deal with it. I'm just suggesting that -- I want to go to the corporate run because of what happened in Boston. Commissioner Spence -Jones: No, no, no. I'm not stopping you. Chair Sarnoff You know, I -- Commissioner Spence -Jones: I'm not trying to stop the D2 Commissioner from doing anything. I just want to be clear. 'Cause when they come, I'm sure they -- they're -- Vice Chair Gort: They want to be heard. Commissioner Spence -Jones: To see two Commissioners leaving, I don't want them to have the impression that you don't -- you're not -- Chair Sarnoff I think that -- I think an hour discussion is a robust discussion. City of Miami Page 39 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Commissioner Spence -Jones: All right. I just want to make sure. Chair Sarnofff. Okay. Commissioner Spence -Jones: Okay. Chair Sarnofff. All right. Later... Chair Sarnofff. All right. I think we have the time certain item, which is the redistricting. Commissioner Spence -Jones: Yes. Can we take five? Chair Sarnofff. Suarez andl are getting off this dais in 40 minutes. Commissioner Spence -Jones: Okay. Chair Sarnofff. So I strongly urge us not to take five. But I will announce one thing. Miguel De Grandy, for those of you that don't know, had a heart attack. And if I'm saying it wrong -- Commissioner Spence -Jones: What? Chair Sarnofff. -- on Sunday. He has just gone through double bypass surgery successfully, so he will not be here -- Commissioner Spence -Jones: Wow. Chair Sarnofff. -- today. Andl think our ability to move to some degree might be a little bit hampered, but I just want to put -- Commissioner Spence -Jones: I'm just hoping that we didn't cause it. Chair Sarnofff. If you know Miguel De Grandy, trust me, we didn't cause it. Commissioner Spence -Jones: Okay. Commissioner Suarez: Do you want to defer for it two weeks? I mean, I don't think -- Chair Sarnofff. I'd love to, but -- Commissioner Spence -Jones: But let me ask this question 'cause, you know, I want to respect the group from the Upper Eastside that came out, okay. They did, obviously, work on this plan. And I actually just got it yesterday. I know you briefed Neil. And the numbers appeared to look much better, so you may want to look at a new profession, Ken. Commissioner Suarez: Yes. Well, I thought in ten years, be careful. You may have competition. Commissioner Spence -Jones: Right. But I just want to make sure that we're not dancing around with the issue of the timeframe. Andl don't know who I can get that out of. I mean, who would be able to communicate to us -- 'cause in the last meeting we had, it was communicated that we only had a certain amount of time to deal with this issue. I believe that was Penny from the Elections Department. City of Miami Page 40 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Vice Chair Gort: Yes. Commissioner Spence -Jones: Are we still dealing with that issue of time? Chair Sarnoff I'm on -- I'm sorry, I apologize. Commissioner Spence -Jones: Okay. Chair Sarnoff I'm going to -- Commissioner Spence -Jones: We were told -- Chair Sarnoff -- discipline Danny in the back later. Commissioner Spence -Jones: No problem. Okay, in one of our past meetings, Penny Townsend [sic] was here and she made a statement around we had to have this done by the end of April, okay. So I just want to make sure -- quite frankly, I haven't had a chance to go through Ken's stuff thoroughly. I know that our consultants did look at the numbers and the numbers looked fine, but there are still some things that he needs to hammer out, which he didn't have enough time to do as well. And then I have some other little smaller concerns just on issues on how this is going to not only affect my overall district, but I'm sure one of the things that neither one of you or either the Mayor has considered is this will definitely affect my CDBG (Community Development Block Grant) resources that are going to be going into the district, which is extremely important 'cause when you're talking about a district that is below poverty in certain areas, that becomes a huge issue because now the income in those areas is a lot higher. So in places like Little Haiti and places like Liberty City and places like Overtown, it becomes a huge issue. That means the resources that is normally set aside for businesses, for housing and all those other related issues, it has an impact on it. Chair Sarnoff Okay. Commissioner Spence -Jones: So I just want to have clarity on it because based upon what I'm being told by CD (Community Development), you know, it will. So the biggest issue for me today -- I know Ken has come, so I don't have a problem with hearing the presentation and having our consultant, you know, speak on it today, but I really want to understand what's the timeframe we have in order to address -- really address this issue. Chair Sarnoff I haven't -- the only person I know of that's had a conversation with Penelope Townsend [sic] is the Mayor. I certainly have not had a conversation. Commissioner Spence -Jones: Oh, no. She came here. Chair Sarnoff But the Mayor's had a conversation with her. Commissioner Spence -Jones: Oh -- Chair Sarnoff He's here. Commissioner Spence -Jones: -- and what did she say? Chair Sarnoff Let the Mayor stand up. Commissioner Spence -Jones: Okay. Chair Sarnoff Mr. Mayor, you're recognized for the record. City of Miami Page 41 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Mayor Tomas Regalado: Just to report to you what she said, she said, number one, that there is no penalty. Number two, that there is no law that says that cities have to do their redistricting. Miami Gardens, she told me, has decided not to do it. And number three, that the reason that she mentioned the April is because she's going to the County -- the Board of County Commissioners, not with the district, but with the precincts number, that there's got to be some changes in precincts. Commissioner Spence -Jones: So it was -- I'm sorry, so it was more about the precinct? Mayor Regalado: Yes. Commissioner Spence -Jones: Okay. Mr. Manager -- Mayor Regalado: And she did say -- but she did say that in case that the City Commission delays the project, she can always go back to the County Commission for approval of the precincts. She did not said that we are under the gun for anything. She -- so that's the conversation. I mean, everything was technical. And you know, the change of precincts may not happen if this Commission decided to do it two month [sic] from now or three month [sic] from now, in the November election. The issue of -- because of the change of precincts was that during the presidential elections, there were in District 2, for instance, long lines; while in other areas, were few people. It's about the movement of voters, according to what she said. So in a nutshell, she didn't say that we have to do it immediately. And this is why I requested -- and thank you because I thought that the people that wanted to address you wanted to have more options, not that they want this or that. They wanted to have more options, and they felt, many of them, a large number of residents felt that they needed to have more input. And yes, there were two public hearings, but the product came back the same. And what they wanted is more options. I don't think that the -- that there is harm on that. I feel that they're entitled, as you said -- most of you said in the Commission that they do have the right to have more options and then the Commission can decide. But I don't know if the City Attorney has anything. We did talk to the state elections department too, and they said that there is no penalty in not doing the redistricting for the November election, that that's a municipal decision. It's not a state -mandated issue. Chair Sarnoff. So what could we -- or what should we accomplish today? Mayor Regalado: I -- if I may, Mr. Chairman. If you can direct Mr. De Grandy and his team to come up with more options and maybe you can analyze those in the future. After all, it's your vote; it's your district. It's -- but if we give them some options or different ones. And they have come up, even them -- I mean, you know, I'm looking at the models that the residents have done and it seems logical, but I wouldn't know. It would be up to you. But I think that they do deserve to have options one, two, or three, or four, and then the Commission will decide. Commissioner Spence -Jones: Can I -- can -- Mr. Chairman? Chair Sarnoff. You're recognized. Commissioner Spence -Jones: I mean, technically, it's really your District 2 and District 5 that are the most affected from this issue, so I would hope that at least our opinions in this matter is respected. Whether or not, you know, we're here four years from now or eight years from now, we still have to pave the way for the folks that have to be in these seats. I am always open to having more viewpoints, more input. I think that that's extremely important for us to do. Andl -- again, I love the Upper Eastside, so I don't have a problem with them at all. One of the things that do want to say, Mr. Mayor, that think is extremely important. I have learnedfrom sitting in this seat for almost going on eight years now that when people -- what people say is one thing City of Miami Page 42 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 from -- is very different from what they do. So I would like to personally see a letter from Penny stating all those things, andl think we should all have them because having a conversation with her, things get lost in translation, and today we won't be actually taking a vote on this issue. We're having a discussion, but no one has facts in their hands to say this is what she's actually say -- what she's actually said. Mayor Regalado: Commissioner, I would go tomorrow to his office to request a written opinion and have it -- Commissioner Spence -Jones: No, no, I'm saying her. Mayor Regalado: No, no. I think you're correct. Commissioner Spence -Jones: No, I'm saying, if you had a conversation with Penny, we would like -- I would like to have something in writing -from Penny that says -- Mayor Regalado: That's right. Commissioner Spence -Jones: -- made all these statements. Mayor Regalado: I will request from her office the letter -- Commissioner Spence -Jones: Yes. Mayor Regalado: -- on -- with her opinion. Commissioner Spence -Jones: Just so that we all can read it and know from this document -- Mayor Regalado: Sure. Commissioner Spence -Jones: -- you know, exactly what she's saying. Mayor Regalado: No, it's fair. Commissioner Spence -Jones: Because I'm not going to be able to recall everything you just said. Mayor Regalado: No, no, it's fair. Commissioner Spence -Jones: So that's the first comment that I wanted to (UNINTELLIGIBLE). I do think that -- I think it's important -- and we only have 30 more minutes in this time, so I would like for Ken Jett and the HOA (Homeowners Association) to at least present what they've come up with. And if it is okay with the Commission -- andl don't have a problem andl'm sure the consultants don't have a problem -- with, you know, assisting us with looking at two or three other options. But I do want to say this. I think that it's extremely important that a decision is made, andl'm going to say this because at the end of the day, I know my district, District 5, is the district that's losing the most people, you know. And you're talking about -- I know we're talking about a difference between 68 percent and 69 percent, but you're forgetting thatl was at -- this particular district was at 76 percent, so it's a major drop-off for the district. So I just want to be clear that -- I understand that we're trying to get as close to the numbers as possible. I just think that this plan that we're giving us today is not really giving us enough time to really digest it. We got it yesterday. I think we need more time to digest it. Even if we have to call a special meeting on this issue, I think we should do that just to get it voted on, and it may not be as a regular City Commission meeting. I think it's important enough to do that. Also, I know that we have had several meetings regarding the -- well, a couple of meetings regarding actually putting City of Miami Page 43 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 together a plan, but I think that from -- at least from my district -- I don't know if there's been a consorted [sic] effort from other areas that really understand, like in Liberty City, Little Haiti, and those areas, really understand what's going on. And don't want to have a situation where I'm voting on a plan one way or the other that there may be a loss to them as a part of me making a major decision. And if this was in Suarez's district, if this was in Carollo's district, if this was in Gort's district, I would respect what is best for your district 'cause you know the people that you serve and you know what's needed from your district. So I just -- I think the most respectable thing to do today is to allow them to present their plan and then us give direction to our consultants to look at their plan that they've already presented, and if there's an additional plan, let's present that as well so now we have three things to look at and we can vet those out. And this is all based upon what the Mayor has put on the record by Penny Townsend [sic] saying that it was not a problem or not an issue for us to have a little bit more time; we still would meet our deadlines. Is that correct, Mr. Mayor? Mayor Regalado: Yes. Commissioner Spence -Jones: Okay. So with that being said, that's my viewpoint, speaking from D5 (District 5). Chair Sarnoff. Okay. Commissioner Suarez, then Commissioner Gort, and then let's -- Vice Chair Gort: No, that's fine. Commissioner Suarez: Thank you, Mr. Chair. I'm going to be very brief. I just want to say that I have seen -- I have had an opportunity to meet with Ken and his group. Andl think the key question is whether the plan that they present -- and what I would like to direct our -- of our special counsel is to determine whether that plan is legal and appropriate, andl think that's, you know, what we want. Stephen Cody: Right. Commissioner Suarez: You don't have to -- I don't -- you don't necessarily have to make that statement right now, but I think -- Mr. Cody: I can, if you'd like. Commissioner Suarez: Have you seen the plan? Commissioner Spence -Jones: No, just -- Mr. Cody: I have seen the plan; I got it this morning. I've run the numbers. Does it meet --? Would it violate the Voting Rights Act or the Constitution? No. Does it meet all of the criteria that you gave us? No. And in terms of drawing any new plans, you -- the Commission, as a group, would need to give us new direction to say, okay, the criteria that we want you to do is -- Commissioner Suarez: But that's not what nil asking. You're misunderstanding what I'm asking. What nil asking is, is it a legally defensible plan? Mr. Cody: It could be defended in -- yes. Commissioner Suarez: Okay. That's what I think -- Mr. Cody: In terms of the Voting Rights Act -- Commissioner Suarez: Right. City of Miami Page 44 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Mr. Cody: -- and the Constitution. Commissioner Suarez: Yeah. Mr. Cody: It is not a violation of one person -one vote, and it does not dilute -- Commissioner Suarez: Right. Mr. Cody: -- the plan as they have done it does not dilute black vote on its surface. However, I -- having just gotten it this -- no, you -- I'm sorry. I can stop -- you asked -- Commissioner Suarez: No, no, no. I'm just -- there's a specific reason why I asked if it was a legally defensible plan, because what I think we're trying to get at here is what are our options that we can vote on one way or the other. In other words, if we have a buffet of different options, which is the ones --? So whatl think -- to have something concrete happen here today between now and the next -- in the next meeting, I think what we -- what the group would want to know is if the plans that they present are legally defensible. As far as what the Commission has directed you, we've directed you a million different things and a million different, you know, circumstances. So, you know, to get it right, my opinion is we're going to have to bend a little bit on certain principles. So, I mean, we're probably -- you know, we're probably not going to be able to -- you can't adhere to every single principle and make everybody happy at the same time. Commissioner Spence -Jones: Right. Commissioner Suarez: So my question to you would be, what's -- like does it meet the legal threshold -- and then we can decide within our priorities what our priorities are and whether we think we can bend some priorities, whether some priorities maybe are more important than others. And so, that's what I think, from my perspective, should be your direction for the next two weeks. Mr. Cody: Right. No, I -- Commissioner Spence -Jones: But we didn't say the next two weeks. We said, one, we're going to get this letter from Penny to make sure that's true. That's really -- I mean, not that it's not true, but want -- Commissioner Suarez: I'm willing to come to a special meeting -- Commissioner Spence -Jones: -- it in writing -- Commissioner Suarez: -- if necessary. Commissioner Spence -Jones: -- okay. And then if we have to do an emergency meeting -- not emergency meeting, but a special meeting, we can do that. Commissioner Suarez: I would be willing to come to that -- Commissioner Spence -Jones: Okay, all right. Commissioner Suarez: -- if we needed to. Chair Sarnoff. All right, so Mr. Jett, why don't you show us what you have? Ken Jett: Fantastic. First of all, I'd like to thank all the citizens and all the City officials who City of Miami Page 45 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 got us to this point. And as it can be heated, in a point of levity, I would like to say that I have been initiated to the Miami Herald. Thank you, Mr. Rabin. While housing prices did come up in our conversation, I did not indicate that property values will plummet if we move to District 5. And in fact, that statement is antithetical to the model that I'm going to show you and that you should have in your inboxes when you return to your office. I did say, as I've said on the public record, that I think that dividing the Upper Eastside will do cultural, political, and economic harm to the Upper Eastside. Nor is Shorecrest fighting to have Biscayne Boulevard north of 79th Street included in the MiMo (Miami Modern) District. If we are, please let the HOA president know. Nor is Shorecrest alone in this redistricting issue. I am impressed thatMr. Rabin finds our shops glitzy and our enclave one of the hippest, andl will allow him to err on those points of fact. I started with Mr. De Grandy's last proposal that I had in hand and worked backwards from there. If you look at the shape of District 5 in his proposal, it's very abnormally shaped. I do contend that if you go with that proposal, that the Commission will be engaging in gerrymandering, be it racial, be it based on the face of the mis-drawn district. But in looking up gerrymandering, I found the original 1812 gerrymander for Massachusetts that I thought you'd like to see that drawing of the district in Massachusetts. So, of course, whatl had to do next was compare that to the proposed District 5. And if you look side by side, they're strikingly similar. In fact, you could almost superimpose them. So with the model, I took several days to learn how to use My District Builder to try and use it successfully, andl hope thatMr. De Grandy can verifi, these things. What I've done is I've put the entire Upper Eastside north of 36th Street into District 5, andl reversed what he called subarea 14, which is the CRA (Community Redevelopment Agency) of Overtown. I reversed it, moving it back to the status quo, as it exists today, and it is being ran very well today, so I don't know that reversing it will do any harm. Commissioner Suarez: Can you go back one second? Mr. Jett: Yes. Commissioner Suarez: You had to reverse that because of -- for a population reason? Mr. Jett: I did. There were 3,332 individuals in subarea 14. Commissioner Suarez: You put that back into District 2? Mr. Jett: Yes, which is where it exists today. Commissioner Suarez: Let me ask you -- Can I just make a suggestion? Mr. Jett: Sure. Commissioner Suarez: Just -- I'm just -- off the cuff here, if you leave that back in 5, then that creates 3,300 more in District 2. You can expand District 4 from 25th Street, where it's proposed, a little further to the -- I guess it's towards US 1, and you can keep Overtown the way that it is as being proposed, and you could move over District 4 a little bit and compensate for those additional residents. Mr. Jett: Absolutely. What I'm showing you today is one model. Chair Sarnoff Hold on a second. Commissioner Suarez: Sorry, 'cause I'm just jumping in and -- Chair Sarnoff No, no, no. Commissioner Suarez: -- it just came to my mind right now. City of Miami Page 46 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Chair Sarnoff. But that -- remember, as you push the balloon, the balloon moves a different direction. That may -- I don't know it 'cause I've not run the numbers -- but I think you know that's probably an 85 percent Hispanic neighborhood. Commissioner Suarez: Right. Chair Sarnoff. IfI lose 85 percent of 3, 000 people Hispanic, that would be, what, 2,600 people? I'm not as good at math as you, but something in that neighborhood. Andl may dip below 53 percent to 49 percent -- don't know that that's tragic. I don't know -- Commissioner Suarez: No, that doesn't have -- I mean, there's no racial preference for Hispanics that I'm aware of. Commissioner Carollo: Yes. Chair Sarnoff. I think there is. Commissioner Suarez: Really? Commissioner Carollo: In District 2. Commissioner Suarez: Yeah? Commissioner Carollo: Absolutely. Chair Sarnoff. I think there is. So I'm saying, I'm okay with that. I need him to say or them to say -- by the way, that's a natural movement; I agree with you. Commissioner Suarez: Right -- Chair Sarnoff. But I just want (UNINTELLIGIBLE) -- Commissioner Suarez: -- 'cause that's a neighborhood. Chair Sarnoff. -- you're still within the -- Commissioner Suarez: Right. Chair Sarnoff. -- boundaries of being satisfactory. When District 2 was originally drawn, I don't think it was predominantly Hispanic. It has grown -- Commissioner Suarez: That's what I'm saying. That's my point. Chair Sarnoff. But it has grown -- Commissioner Suarez: So this would be putting it closer to what -- the way that it was originally, I think, with single -member districts. Chair Sarnoff. And by the way, I like the movement. It's not because I don't love (UNINTELLIGIBLE). Commissioner Suarez: And it keeps Overtown intact, which -- Chair Sarnoff. Right. City of Miami Page 47 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Commissioner Suarez: -- is what Commissioner Spence -Jones may have been concerned about. Commissioner Spence -Jones: Well, you mean keeping -- instead of taking Overtown out (UNINTELLIGIBLE) -- Commissioner Suarez: It would put all of Overtown into District 5. Chair Sarnofff. Giving it back. Commissioner Spence -Jones: Yeah. Commissioner Suarez: Yeah, and then it would just put a little bit of District 4 more -- take a little bit of District 2 from District 4, and our overpopulation is insignificant, and our population growth over the last ten years has been almost nothing. Chair Sarnofff. Correct. Commissioner Suarez: So -- Chair Sarnofff. I'm just saying the only thing you got to look out for is a dip in Hispanic -- Commissioner Suarez: I don't think it matters in District 2. Chair Sarnofff. Okay, keep going. I like it, but want to point it out. Commissioner Suarez: Okay. Mr. Jett: Okay, so with the model that I'm suggesting -- and this is a springboard model, if you want to call it a model -- the black percentage in District 5 is still at 68.07. I do not -- off the top of my head, I believe De Grandy's model was 69 percent something. Commissioner Spence -Jones: Sixty-nine point nine. Mr. Jett: Okay. Also, if you noticed in District 2, the Hispanic percentage does not dip below 50, so in my limited understanding, it doesn't put us at risk for a VRA (Voting Rights Act) Section 2 suit out of that. I included the voting age population statistics for anyone who may be interested. I understand those a little bit less than anything else. Commissioner Spence -Jones: Did you -- do you also have the statistics based upon how often they vote? Commissioner Suarez: No. Mr. Jett: I utilized the My District Builder. Is it appropriate to use how they vote? Commissioner Spence -Jones: No, not how they vote. Commissioner Suarez: How often they vote, no. Mr. Jett: That would be, what, packing or incumbent gerrymander -- I mean, I don't know. I -- no, I'm sorry. I don't have -- Commissioner Spence -Jones: No. I just know in my briefings that we had that discussion. That's why I asked, but go ahead. City of Miami Page 48 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Mr. Jett: So what this means, it means that the Commission is weighting policy directives given to allow preference to existing neighborhoods, thus having the Commission data first do no harm to the existing communities and then, secondly, repair previous splintering as is prudent. The Commission shows publicly that residents are first consideration relative to this reapportionment before moving CRAs within one district, begging the question whether or not CRAs should be used or considered at all, given that they should dissolve over time with their boundaries. It holds the Commission accountable to keeping neighborhoods together per their policy directive, rather than putting neighborhoods back together. If you have the map in front of you, on the handout, it also makes Districts 2 and 5 much more compact. It better prepares for growth to come in District 2 based on the recent and the current development, while still focusing on the 2010 census data. But it also allows the City to grow more organically after a decade of planning, and it anticipates the results of the 2020 census. I think it better positions us for that next step. It's agreed that, as De Grandy has stated on the record several times, that there are thousands of ways to handle a reapportionment. As a starting point, maintaining the Upper Eastside as a whole in District 2 or District 5 must be step one in that process to meet the policy directives and to respond to the demonstrated will of the public from the entire public hearing process that has occurred. There are wrong ways to engage in this reapportionment, of course, and accepting those previous proposals would be the wrong way. So I'm asking that you direct Mr. De Grandy or his staff to validate the model, given the understanding of my attempt to include the Upper Eastside north of 36th Street to District 5 and reversing subarea 14. And I'd also like you to direct them to create a viable model with the entire Upper Eastside remaining in District 2. Commissioner Suarez: And -- go ahead -- no, 'cause I agree with what you're saying 'cause I -- andl thinkl said that they need to not only validate it, as you state, but make sure that it's legally defensible. Andl would just ask the attorneys to do that -- andl know that there may be a slight overpopulation of District 4, but don't think it's that significant by doing that -- by maintaining subarea 14 in District 5 and take -- and moving the boundary on District 4 slightly closer to US 1. Commissioner Spence -Jones: The last slide. Commissioner Suarez: Might be a slight overpopulation, but I think it's worth -- you know, it's a deviation that's worth having if it solves the problem for everyone. I don't think anyone's going to sue us 'cause District 4 is 3 percent overpopulated versus 1.5 percent overpopulated, you know. Chair Sarnofff. I agree. All right, so I think the directive, at least for right now, is to prove this model and talk about -- and come back to us with -- Commissioner Spence -Jones: Is to what now? Chair Sarnofff. To prove -- Commissioner Spence -Jones: Okay. Chair Sarnofff. -- that this model is -- Commissioner Suarez: Validate, legally defensible. Chair Sarnofff. -- (UNINTET,T IGIBT,F) -- yeah. Commissioner Suarez: Yeah. City of Miami Page 49 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Chair Sarnoff This is -- Commissioner Spence -Jones: But are we going to get an additional one, though? Are we saying that too? Chair Sarnoff Well, I -- that's his model, and then I believe he's suggesting an additional amendment would be putting back 14 -- Commissioner Suarez: Right, in District 5. Chair Sarnoff -- back into District 5, making a movement associated there with District -- Commissioner Suarez: Four. Chair Sarnoff -- 4 to District 2 on -- what street did you start at or you --? Commissioner Suarez: I started at 24th. I think it got moved to 25th, so you know, as far as -- Chair Sarnoff So about three blocks? Commissioner Suarez: Yeah, whatever -- Chair Sarnoff I think it's a thousand per block or thereabouts. Commissioner Suarez: So three more blocks would be 26, 27, 28th. Chair Sarnoff Right. Mr. Cody: Each 800 people is 1 percent. Commissioner Suarez: Yeah. Chair Sarnoff Eight hundred people is one percent, so -- but think it covers her district 14 -- it puts 14 back in play, so she can have 14. It takes those numbers out of my district, puts them in his. Commissioner Suarez: Right. Chair Sarnoff And I think he wants to -- I think what Suarez is saying is, then do a -- then tell me this model's acceptable. Commissioner Suarez: Right. If it's a slight overpopulation, I mean, of District 4, it's not -- you know, I don't think it's fatal to the plan, so -- Mr. Cody: So you want the area -- Chair Sarnoff Fourteen replaced back in. Mr. Cody: Right. Chair Sarnoff That's model number two. Mr. Cody: Right. And area 15, which was the border between -- Chair Sarnoff Correct. City of Miami Page 50 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Mr. Cody: -- 2 and 5, you want -- Commissioner Suarez: Expanded. Mr. Cody: -- to expand it further down into 2 or expand it -- Commissioner Suarez: Correct. Mr. Cody: -- backup in --? Commissioner Suarez: No, further down into 2 because what happens is when you give subarea 14 back to District 2, you create an overpopulation of 3,300, so you have to get that 3,300 out of District 2. So I'm saying that -- just expand the boundary of District 4. It might create a couple of percentage points increase in population in District 4, but that's -- it's not a significant deviation. There's not going to be a significant population shift in District 4. It hasn't shifted much in the last ten years so. Commissioner Carollo: Right. Mr. Chairman. Chair Sarnofff. Go ahead. Commissioner Carollo: Andl don't think the issue is District 4. I think the issue is actually more District 2. It's my understanding that would drop District 2 below 50 percent, which, ifI remember correctly, Mr. De Grandy said that there might be issues then -- Mr. Cody: There is -- Commissioner Carollo: -- with regards to court challenges. Mr. Cody: -- a risk because Hispanics, even in a city that is majority Hispanic, are considered a protected class under the Voting Rights Act. And if you take a district which has naturally grown above 50 percent and make an effort to take it below 50 percent, you run the risk that someone who has $500 and a pacer account could file an action against the City. And whether they would prevail or not -- Commissioner Suarez: Right. Mr. Cody: -- is something that would have to be litigated, but could entail the City spending hundreds of thousands of dollars. I mean, I have sued cities. I have sued the County. I -- my case was the case that turned Dade County into single -member districts. My case was the case that turned the School Board into single -member districts. So -- I also sued the City ofMiami Beach and didn't win. So -- but in either case -- in every one of those cases, the cities ended up spending, or the County, hundreds of thousands of dollars in the litigation. Commissioner Suarez: And the concept of single -member districts is to have a certain ethnic composition of a board. So the fact that you would be diluting, to a certain extent, Hispanics in a district that wasn't intended to be a Hispanic district should favor the concept of single -member districts in the City ofMiami. Mr. Cody: Well, if the -- I would disagree with you to the extent that if the district -- Well, a plan can be race conscious, but it can't be race driven. And if you say we have to have quotas, you really can't do that. However, if you say I have a district because of the population increase in the Hispanic population that I have enough Hispanic population to make that a majority Hispanic district, but I'm going to go out of my way to prevent that -- or it has the effect of City ofMiami Page 51 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 avoiding that, you may open yourself up to a Voting Rights Act lawsuit. Commissioner Suarez: Okay. Chair Sarnoff. Or I could argue -- Commissioner Suarez: Yeah. Chair Sarnoff. -- very differently as District 5 as what happened there 'cause what you're doing is you're preserving an African American district. Commissioner Suarez: Right. Mr. Cody: But again, they -- Chair Sarnoff. So the same logic applies equally to that. Commissioner Suarez: Of course. Mr. Cody: -- are a protected class and so -- Chair Sarnoff. I see, so -- Commissioner Spence -Jones: That was the whole -- Chair Sarnoff. -- there's no reverse -- Commissioner Spence -Jones: -- purpose of what happened. Chair Sarnoff. -- discrimination. Mr. Cody: Well, there is only a few -- in Mississippi, you've had one district court which has come forward and said -- well, the 14th Amendment protects white voters in a majority black county, but the courts have not taken that position overall, and we really haven't gotten the circuit court (UNINTELLIGIBLE) -- Chair Sarnoff. But Miami -- you got to admit, Miami is owned -- I mean, we're sort of like the experiment. We're almost like that beaker up there that you kind of mix up. It's what America will look like in 30 years or 40 years or whatever. And never before have, I don't know, non -Hispanic whites made up 14 percent of your population. Mr. Cody: No, that's true. Chair Sarnoff. And you know, I used to sit up with Manny Diaz, Larry Spring, Bill Anido, Pete Hernandez, and I'd say upstairs, so who here is a minority, and they'd all raise their hands. And I'd say, I think the only minority in this room is me. And they'd say, oh, no, you got to be kidding me, you know. Historically -- andl said, I get history, but right now, who's the real minority in this room? Vice Chair Gort: You are. Chair Sarnoff. It was me, in Miami. So I'm not -- you know, I sort of sit here quietly, maybe to District 2's own disadvantage. I sit here quietly when I watch a previous pattern and previous historic consequence in the City ofMiami police department when there used to be an Anglo chief -- assistant chief of police, andl don't say anything. I sit here quietly when I hear other City ofMiami Page 52 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Commissioners say I must have minority participation, and don't know if I'm doing the non -white Hispanics -- andl hate categorizing myself as that. I really do. I just consider myself an American and l just consider myself a Miamian, but I don't know if I'm doing my community, whatever the hell that means, a service by sitting here quietly. Andl got to tell you, for the first time since I've been sitting as a Commissioner for the past six years, seven months, I'm going to say something. And that is, I think there should be some non -white Hispanic representation 'cause I think they have something worth saying. Commissioner Spence -Jones: I agree. Vice Chair Gort: Well -- Commissioner Spence -Jones: I mean, I absolutely agree. Chair Sarnoff Commissioner Gort. Vice Chair Gort: Little history. I was the chairman of the committee that created the district in 1997. We were taken to court 'cause for the first time, no one African American was elected to an office that was held by an African American for a long time. In putting the district together, we looked at the voters, but at the same time, we want to make sure that a district was created where the white Anglo could be elected, and that's the rules or the requirements that we applied, and I think you were a part of that process at that time. Mr. Cody: I was. Vice Chair Gort: You were in 1993. And the -- there was two things that could be done; either we do the redistricting ourself [sic] or the courts would do it. And if the court would do it, it would have been a lot worse. So we took in consideration to be able to make sure that you always have representative from that community sitting up here, and that was what we were destined to do, and that's why we came up with the five districts. Chair Sarnoff So having said all that, I mean, you have the Jett plan, you have the Suarez -modified Jett plan. We have your plan. Anybody got --? Commissioner Suarez: That's it. Chair Sarnoff I'm comfortable with those plans. Commissioner Suarez: Yeah. We have three options, and anything else that we can come up with that's legally defensible between now and the next Commission meeting. Chair Sarnoff You want to come up with -- Commissioner Spence -Jones: (UNINTET,TIGIBT,F). Mr. Cody: But I need some direction -- Commissioner Spence -Jones: We still need to put on the record -- you keep saying the next City Commission meeting. Commissioner Suarez: The next -- my apologies. Commissioner Spence -Jones: After we get this letter from the Mayor -- Commissioner Suarez: My apologies. City of Miami Page 53 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Commissioner Spence -Jones: -- saying that it was okay because I want to make sure that we don't have any issues. Commissioner Suarez: Apologies. Commissioner Spence -Jones: Andl don't have any issues beyond that. My only concern, I need for George to at least provide our office with just this whole breakdown of how it has an impact on, you know, things that we have to get done in the district as well. Chair Sarnoff George, you back there somewhere? I can't see you. Commissioner Spence -Jones: He's nice to you now, George. Chair Sarnoff George, most times I'm pretty nice to you; you got to admit that. But would you have a meeting with my office 'cause I'm not aware of any CDBG implications. So all ask is I get advised as what CDBG implications are because I thought the census tracts don't change anything. But if they do, if they do -- Commissioner Spence -Jones: It's based on districts. Chair Sarnoff I'm not sure it is. But if they do -- well, I think it's based on district -- tell you what, instead of doing it on the record, explain it to me because this Commission still sets the allocation for the district, so we still have discretion to help on that. Andl am more than willing to be helpful on that. George Mensah (Director, Community Development): George Mensah. Yes, once you move the districts, the census tracts change, and therefore -- Commissioner Spence -Jones: That's what I'm telling you. Mr. Mensah: -- we'll have different census tracts. Commissioner Spence -Jones: It's a problem. Mr. Mensah: And you know, once it's done, then we have to go and do the numbers to see how the ratios will come up. Commissioner Spence -Jones: And part of the issue and concern for me -- I'm just telling you -- beyond me is that if you have areas that you are really trying to redevelop, restore and, quite frankly, City government money is not going to pay for it, so a lot of this stuff has to come from other places, so -- and it's all based upon the demographics of that district, so -- Chair Sarnoff Well, I would just say this to you. I left the Upper Eastside with $22 million spent, since I've been here, on their roads, so their roads should be good for a while. Commissioner Spence -Jones: Yeah, but I'm talking about all the other -- Chair Sarnoff Okay. Commissioner Spence -Jones: -- social service issues that we have happening within our district. Chair Sarnoff Okay. All right. Mr. Cody: Well, Mr. Commissioner -- City of Miami Page 54 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Chair Sarnofff. Yes. Mr. Cody: -- or Mr. Chairman, I heard one of the Commissioners say and draw any other plan." Commissioner Spence -Jones: No. Mr. Cody: So are we just talking about the three we talked about or --? Chair Sarnofff. Just three plans is your -- that I know of is your plan, there's Jett's plan, there's Suarez's modified Jett plan. Commissioner Suarez: Right. And the reason why I say -- I said that additional thing is because let's say, for example, you say Suarez's modified Jett plan -- Chair Sarnofff. You want me to call it something else? Commissioner Suarez: No, no, no, no. That's good. It's perfectly fine. I'm proud of his plan. He did it all by himself. It's amazing. He's not an expert and he got in there in the weeds and figured it out, so kudos to him and to the people who are supporting his effort. Applause. Commissioner Suarez: No, what I was just saying is that maybe the Suarez -modified Jett plan may need a tweak from somewhere else to make it work, and that's why I just said -- Chair Sarnofff. Yeah, yeah. Commissioner Suarez: -- any other variation, just in case. We can work on it. We can work on it together, Steve. Mr. Cody: All right. Commissioner Spence -Jones: And part of that is -- I know one of the issues that we worked hard on was the whole issue of making sure the CRA stayed within those boundaries. So I want to make sure that we look at that as a part of -- yeah, but I want to make sure -- Commissioner Suarez: That's part of my modified plan. Commissioner Spence -Jones: -- it stays within the boundaries of the CRAs, so -- right. Commissioner Suarez: That's why I put that little -- Commissioner Spence -Jones: All right. Commissioner Suarez: Okay. Commissioner Spence -Jones: Just want to make -- that's not -- that's just not Overtown; that also Park West. Chair Sarnofff. All right. Mr. Cody: IfI may? City of Miami Page 55 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Chair Sarnoff Yes, sir. Mr. Cody: The Upper Eastside, again, will be happy with any plan that keeps us together in 2 or in 5, so that's just the first step. I'm more than happy to help however I can. Chair Sarnoff I have a way of putting you into 3. Are you okay with that? Mr. Cody: Yes. Chair Sarnoff No, I'm just -- Mr. Cody: No, it's fine. We'll go to 4. We'll go with Commissioner Gort. Okay. Chair Sarnoff We are going to come back to this item on May 9. Mr. Mayor, please get me the letter from Ms. Townsend [sic]. IfI find there's a problem, I'll call for a special meeting. I'll contact all the Commissioners as to when they're available. Thank you. Commissioner Suarez: Move to defer RE.5. He needs a motion. Move to defer RE.5 to the May -- What did you say, May 9? Chair Sarnoff Eighth. Commissioner Suarez: -- May 8 meeting. Chair Sarnoff Motion by Commissioner Suarez. Commissioner Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. Any discussion? No discussion. All in favor, please say "aye." The Commission (Collectively): Aye. Commissioner Suarez: Congrats. RE.6 RESOLUTION 13-00425 District 4- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner CITY ATTORNEY TO ENGAGE OUTSIDE COUNSEL, TRIAL & APPELLATE Francis Suarez RESOURCES, P.C., HAGENS BERMAN SOBOL SHAPIRO LLP, CENTER FOR CONSTITUTIONAL LITIGATION, P.C., HARKE CLASBY & BUSHMAN LLP, AND ERWIN CHEMERINSKY, ON A CONTINGENT FEE BASIS, ON TERMS TO BE NEGOTIATED BY THE CITY ATTORNEY TO REPRESENT THE CITY IN LEGAL ACTIONS AGAINST BANKING INSTITUTIONS REGARDING THEIR: (I) STEERING INTO AND ISSUING DISCRIMINATORY MORTGAGES TO MINORITIES WITH TERMS AND CONDITIONS THAT ARE SIGNIFICANTLY DIFFERENT FROM AND LESS FAVORABLE THAN THOSE IN MORTGAGES ISSUED TO OTHER, NON -MINORITY BORROWERS; AND (II) DENYING MORTGAGE CREDIT TO MINORITIES ON THE SAME TERMS AND CONDITIONS AS NON -MINORITIES. 13-00425 Legislation (Version 2).pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 56 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0159 Chair Sarnofff. All right, gentlemen, I think we can go to the -- on -- wait a minute. What I did promise, I promised Commissioner Carollo -- Suarez, I apologize, that we would take up RE. 6 first. Commissioner Suarez: Thank you, Mr. Chair. Chair Sarnofff. So we're going to have RE. 6 heard, and you are recognized for the record. Commissioner Suarez: Thank you, Mr. Chair, for your indulgence. RE. 6 is an item that this Commission had asked me to investigate, along with the City Attorney's Office, which relates to a lawsuit -- a potential lawsuit against banks that engaged in discriminatory lending to minorities in this community. I am not here, you know, calling out one specific institution, but you know, what we saw in the last few years was a concerted effort to offer loans to minorities at different terms than loans to non -minorities with identical, for example, FICO (Fair Isaac Corporation) scores. And what that led to, as I mentioned at the last Commission meeting, citing an April 11, 2013 article for the Miami -- by the Miami Herald, was that the City ofMiami was named the foreclosure capital of the country, and it has -- in the article, it cites that Miami's foreclosure activity was more than three times the national average. And what are the consequences of those practices? Well, the consequences for the City ofMiami are several fold. On the one hand, we lost value. And we were all here, by the way, on this Commission in 2009 when we lost property tax revenue from $267 million in '08/'09 to a low of $ 211 million in 2010/2011. So we lost $56 million in revenue, property tax revenue, as a result of the loss and diminishment of value of our properties because of some of these practices. Obviously, these funds, if recaptured. to a certain extent, can be used for a variety of reasons, one of which is restoring our reserves, which are under reserved at this particular moment. We've talked a lot here about -- and we've even gotten into pretty heated discussions about hundreds of thousands of dollar differences, $70, 000, hundreds of thousand dollars for -- and the argument is continually made: Look, we need more police officers, which I think is a goal that I certainly -- you know, that I certainly support wholeheartedly, but we need the resources. And we know, having discussed here in the last -- you know, the last couple of Commission meetings how we're going to pay our employees more money because of what we've taken from them over the last few years, how we're going to get more officers on our streets so that we reduce this imbalance that we have with major cities where we're at 50 percent of the rate per capita of police officers than other major cities, andl think if the Chairman's -- if my memory serves me correct, the Chairman stated that we are the lowest number of per capita police officers of any major city in the United States, which is, to me, embarrassing. This lawsuit can serve to -- andl don't know what the value of it is. I've been told a variety of different numbers, but never have I been told that it's anything less than millions at the end of the conversation. So I don't know if it's one million. I don't know if it's five million. I don't know if it's fifty million. But the fact of the matter is, this is an opportunity for us to right a very tragic wrong that occurred over the last few years. And the resolution that's before us is authorizing the City Attorney to conclude negotiations with the firm that they have selected to represent the City on this lawsuit. Thank you. Chair Sarnofff. Thank you. Commissioner Gort. Vice Chair Gort: We also have to look at the reimbursement for all the funds that we spend in all those -- Commissioner Suarez: CDBG (Community Development Block Grant). City ofMiami Page 57 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Vice Chair Gort: I mean, one of the major problems that have in my district -- andl'm sure you all have it in your district also -- is the amount of homes that been abandoned by -- and the banks are not taking care of. Our police have to go there, our Public Works have to go there, and board them up and so we can get the criminals out of those homes that are used for illegal -- and the banks are not responding to it, so I think it's a good thing. Commissioner Suarez: By the way, I move the item. I'm sorry. It's just that -- Commissioner Spence -Jones: Second. Chair Sarnoff. Motion by Commissioner Suarez, second by Commissioner Spence -Jones. Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: I just want to commend Commissioner Suarez for his leadership and vision on this issue. Reality is, we don't know what's going to work or not, but we have to try. We have to figure out ways to address the issue. If it's not going to cost us any money to do it, you know, and if it's going to at least address the issue that's a problem now, and to my understanding, there is no cost to us, there is no liability to us regarding this issue. I'm not clear as to why this would even be an issue. This would -- should be something that we all support because we, quite frankly, have an issue that needs to be resolved. So I just want to commend you on your leadership on -- regarding this overall issue and your vision. And hopefully -- I'm assuming you will keep us updated -- Commissioner Suarez: Absolutely. Commissioner Spence -Jones: -- on this process. That's the only thing that I would like to make sure, that we're not dealing with this a whole year later and not knowing what the outcome of it is. So I support you wholeheartedly on this issue. Commissioner Suarez: Thank you. And again, I don't know -- I've heard -- and I don't think the attorneys who are considering -- who we're considering hiring today are probably comfortable talking about the extent of the liability or the extent of the damages, I guess better said, but they're significant. They can be very significant numbers for the City ofMiami. And we talk about our various priorities and how we're going to pay for them. I think, in conjunction with the fact that these were practices that preyed on the weakest in our community -- Commissioner Spence -Jones: Yeah. Commissioner Suarez: -- and that that led to a tremendous loss of value that impacted everybody in our community, so the vending practices were focused on Hispanics and African Americans, but they had an impact on everyone because they diminished the value of all -- there's no one here -- I'm sure none of my colleagues here haven't experienced situations where in their neighborhoods, there's foreclosed homes, abandoned homes, which have reduced the value of the entire property -- of the entire neighborhood. And not only have they reduced the value, but we've had squatters, we've had a variety of other circumstances. Obviously, drug homes -- Vice Chair Gort: Criminal activities, yeah. Commissioner Suarez: -- criminal activity. I mean, a variety of other things that have occurred as a result of these practices that are, you know, if not direct consequences, they are certainly as a result of these practices which led to other consequences . So -- Commissioner Spence -Jones: And l just want to add to that really quickly, andl'm not -- I don't remember if it was Carollo, or Suarez or even Marc. You know, it takes innovation in coming up City ofMiami Page 58 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 with creative solutions to address problems that we don't have answers to. Andl don't know if -- was it abandoned properties that one of the Commissioners said, Look, we need to do something about these abandoned properties. We need to get, you know, our Legal Department on it. We need to go gung ho on this issue for these properties that need to be abandoned [sic], that have liens on; let's go after it. And six -- almost $600, 000 later -- That might have been you, Commissioner Carollo. Was that you? Commissioner Carollo: Excavated sites. Commissioner Spence -Jones: Right. Commissioner Suarez: Right. Commissioner Spence -Jones: So -- but look how much money that generated, you know. So it takes vision, it takes creativity, you know, and we have to try it. And if it's not going to be a liability to the City and we're not spending any money to do it, we should give it a shot. Commissioner Suarez: Yeah. I think Commissioner Carollo was a big proponent of filling our excavated sites, which I need a little bit of help from him on one of the ones in my district on Coral Way, if you know which one I'm talking about. Commissioner Spence -Jones: Yeah. Commissioner Suarez: But, you know, I was also -- when I got here, there was two things that focused on. One was the process of declaring a property unsafe. And if you recall, we worked -- andl thank the Chairman for his help on that -- with Mariano, who I'm very sad to see leaving, to condense the process from a six-month process to a six -week process, and we demolished a variety of different homes. And then I asked the City Attorney's Office -- and thank Ms. Bru and I thank Victoria Mendez for her help in starting to actually collect on the special assessment liens that we're imposing on these properties. So we've started to -- a revolving fund, if you will, that allows us now not only to be confined to CDBG-related properties that can be knocked down -- because a lot of our properties are beyond the CDBG areas. For example, District 2, much of it is not a CDBG-eligible area, but it's no fairer -- Vice Chair Gort: (UNINTET,TIGIBT,F) Commissioner Suarez: -- it's -- you know, it's no more fair to have an unsightly property in District 2 than it is to have in 5 or 1 or any other district. Commissioner Spence -Jones: Yeah. Commissioner Suarez: So, you know, that's led to several hundred thousand dollars recaptured by the City Attorney's office, so I thank them for -- and this is just -- like you said, this is a continuum. This is following through. And when we talk about restoring our fund balance, when we talk about getting more police officers on the street, we're not arguing here about 10,000, 70,000, 100,000; we're talking about millions. Andl think to the extent that there may be even any sort of risk involved, it's minimal in comparison with the upside that we can generate from this lawsuit. Thank you. Commissioner Spence -Jones: Andl just wanted to be clear on the dedication of these dollars, though. Let's say we recover some of the resources. I'm assuming that the plan or the thought would be that it would go towards housing or abandoned properties that we dedicate the funds, 'cause what I would hate for -- to happen is that whatever comes back -- if something comes back, it goes into the whole City coffer. It would be great if it could go back into replenishing some of these things that we have lost. City of Miami Page 59 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Commissioner Suarez: The beauty of them is that they would be general fund dollars, so we have maximum discretion as far as what we want to do with them. If some of them were funds -- if some of the damages result from funds that we spent CDBG dollars, then they obviously have to go back -- cycle through our CDBG program. But I would say the vast majority of it -- for example, if it's diminishment of property value, that's general fund money. That's $50 million of general fund money that we didn't have to hire more police officers, that we didn't have to pay our employees better, you know, that we didn't have to provide more services, more sidewalks, more, you know -- Commissioner Spence -Jones: I would just -- the only thing that would like to see, Commissioner, on that is, I definitely think that we should have those additional resources to do those additional things, but because we are depleting, you know, it would be great if a certain portion of the proceeds, 50 percent -- we don't have to decide now. I'm assuming once we decide where we're going, that some of these dollars could go back into replenishing the housing stock that we have lost because of the foreclosure issue. Commissioner Suarez: Sure. We can deal with that when -- Commissioner Spence -Jones: Yeah. Commissioner Suarez: -- the recovery happens. Vice Chair Gort: I agree. Chair Sarnoff Commissioner Carollo. Commissioner Carollo: I'll yield. Chair Sarnoff Madam City Attorney, a statement was made that there is no cost and no liability on behalf of the City ofMiami. Is there any cost or liability on behalf of the City ofMiami in this litigation? Julie O. Bru (City Attorney): Mr. Chairman and members of the Commission, staff from my office and myself, we've been negotiating the engagement letter with the firm or the legal team that has been assembled for quite some time now. We're close to ironing out all the details. I think we've overcome all the major issues that we had. We're ready to go forward with this today. As far as is there liability? I can't guarantee you that there could be on the outside some liability to the City should we not prevail in this lawsuit. But I think that the benefits that the City would arrive at, if we were to be successful, far outweigh the potential liability. Cost, the cost will be completely absorbed by the firm, the legal team that's going to undertake the City's representation. Commissioner Suarez: Mr. Chair, ifI may on that issue real quick? IfI just may on that issue real quick. Chair Sarnoff Sure. Commissioner Suarez: I just want to say two things. One, I think any time we engage a firm, there's always some chance that there's some, you know, sanctions, that there's some attorney's fees. I mean, that can happen on any circumstance. So maybe what I was hoping if -- with your indulgence, Mr. Chair, is the special counsel that the City Attorney has chosen, maybe he can speak to that specific issue. Because from my perspective, if we can get indemnification, I think that's an -- that's icing on the cake. But I'm willing -- and I'm prepared to go forward irrespective of that 'cause I think the chance of there being any sort of blowback is so minimal City ofMiami Page 60 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 and, quite frankly, the exposure is so small in comparison, as the City Attorney just mentioned, with the upside. Ms. Bru: Yeah. This kind of -- we've been looking at this issue for years now. And when the City started to look at trying to recover damages from the lending institutions, the causes of actions that were being litigated based on nuisance theories and the like were not as sophisticated as I believe this is. This is a statutory cause of action under a federal statute. I think that, unquestionably, it has been shown through all the different proceedings that have taken place already, cases that have been settled, cases that have been brought by the U.S. Attorney General, State Attorney General, that the banks are indeed, if not admitting, making very incriminatory statements about their lending practices. So this is not afrivolous cause of action. This is well founded. Andl would -- again, through -- you know, Mr. Chair, with your permission and Commissioner Suarez, if Mr. Liberson wants to address the Commission, he's here. Commissioner Suarez: And l just want to say, in your analysis of -- in your interview of the firm, can you speak to their qualifications 'cause I think that's important for the Commissioners to know if we're going to engage a firm. You know, we engaged Berger Singerman a while back, and Commissioner Carollo has since continued to work with that firm because I think their qualifications were so stellar -- Ms. Bru: Right, right, right. Commissioner Suarez: -- that when I was confronted by the team that they put in place -- I mean, some of them have written constitutional law books. Ms. Bru: Yes. Commissioner Suarez: I think in the case of Professor Chemerinsky -- so I was just blown away by the qualifications of the team. So if you could speak to that. Ms. Bru: I know. Unquestionably, this legal team that has been assembled would, you know, constitute not only expertise, skill, but also an incredible reputation in the legal community for being constitutional scholars. Chair Sarnoff. Go ahead. Joel Liberson: Good morning, Mr. Chairman and members of the Commission and Ms. Bru. My name is Joel Liberson. Thank you for allowing me to address the Commission. A couple of issues. As Ms. Bru was talking about, the theory here that we're talking about is a well recognized theory under federal law. It's violation of the federal Fair Housing Act for discriminatory lending. Two years ago, the United States Department of Justice formed what they call a Reversed Redlining Task Force to address this issue. And reverse redlining is essentially giving loans to minority borrowers on terms that are predatory as compared to similarly situated nonminority borrowers. Since then the Department ofJustice has filed several lawsuits against the banks. In addition to that, several municipalities similar to perhaps the City ofMiami, if it goes forward, have also filed causes of action under this statute against the banks. To date, they are Baltimore, they are city ofMemphis, and three counties in the region of Atlanta. The two department of -- three Department ofJustice lawsuits have been resolved. The Baltimore lawsuit has been resolved and the Memphis lawsuit has been resolved. The total proceeds to date is in excess of half a billion dollars that has been recovered from the banks for these causes of action. The banks understand full well what they have done here, and they are liable. In addition, there's a well recognized body of case law supporting this theory, and the banks know that, dating back to 1979 when the United States Supreme Court held that a municipality, such as the City ofMiami, has the legal right to file a lawsuit seeking monetary City ofMiami Page 61 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 recovery for violation of the federal Fair Housing Act. The district courts in Memphis and in Baltimore, within the last year, both reached the same conclusion when they denied the banks' motions to dismiss the complaints. So put in context, these are cases -- this case is well supported by legal precedent. It is also well supported by the ground (UNINTELLIGIBLE) of movement that is developed by both the United States government and other municipalities. As a practical matter addressing the issue of potential liability -- 'cause a couple of you had raised that -- the federal Fair Housing Act has a statutory provision enabling the prevailing party to recover reasonable fees and costs. In a case such as this, the City would be the prevailing party if it could demonstrate for each particular bank that it sued that that entity had issued one and only one loan to a minority on discriminatory or predatory terms, that loan then went into foreclosure, and the City, as everybody has talked about, was required to expend some sort of monetary resources or experience a diminution in property tax as a result. We all know it. Everybody in this room is aware that there are a multitude of such loans in the City ofMiami. Unfortunately, as Commissioner Suarez mentioned, the City ofMiami really has been hit hardest by the foreclosure crisis. As a practical matter, as a business matter, I think everybody understands that there is more than one loan per bank at issue. That being the case, you would be deemed, assuming just for the sake of discussion that the case even went to trial, if you showed one such loan, you're the prevailing party, as a practical matter. Not only have the banks not gone to trial on any of these cases, because the last thing they want is to be in the City ofMiami in a federal court or in -- any bank in any city, for that matter, having to face a jury of its peers for what it did. The banks know that. They have settled all these cases and they've settled them quickly. Indeed, in no case has the bank even been willing to engage in meaningful discovery such that its lending officers had to be subjected to deposition process or that the banks had to give up documents that they know they didn't want to give up. So as a practical business matter, you show one loan; if you go to trial, you're the prevailing party. None of these cases have seen the daylight of a trial. So I just wanted to make sure we were able to put that in context. In terms of the legal team, I believe -- and Ms. Bru is correct -- this really is a fantastic group that has been assembled to come in and help you folks. We have Erwin Chemerinski who's the dean at the University of California at Irvine Law School. As Commissioner Suarez talked about, this is the man who had wrote the textbook that many of us, myself included, used in law school when we took constitutional law or federal jurisdiction. This is the man who goes around the country when it comes time to teaching students how to pass the bar. He's the guy who teaches the constitutional law section all across America. He is one of the most well recognized and respected lawyers in America. His good friend and colleague, Robert Peck, who is the president of the Center for Constitutional Litigation in Washington, DC (District of Columbia) is a member of the team. Like Dean Chemerinski, Bob Peck regularly argues cases before the United States Supreme Court and the highest appellate courts in the country. Hagens Berman is another member of the team. Hagens Berman is one of the largest and most distinguished plaintiffs firms in the country. They're the firm who is lead counsel in the Toyota acceleration cases out in California that just obtained a recovery in excess of a billion dollars. Steve Berman, the named partner at Hagens Berman, was just named by the National Journal of Law as one of the top 100 lawyers in America, including plaintiff or defense lawyers. We have, as our expert, a gentleman by the name of Professor Ian Ayres from the Yale law school, widely regarded as the top expert in the country on the use of statistical analysis in the legal system. Indeed, on this issue, this exact issue -- well, I have to be careful what I say publicly. Let's just say he was involved -- he has been involved in this issue before. He knows these issues backwards and forwards. We are involved. I don't want to take up the Commission's time, other than to give you some sense as to who these people are. It is really a first-class group of people who have been brought here to help the City ofMiami deal with this problem, to help repay the City, to utilize it to fund essential City services, but there are some other things you might want to consider doing as well. You perhaps could take some of the money to set up a program to help educate the citizens and taxpayers here to make sure they know what their foreclosure rights are. You might want to consider using some of the money to set up an emergency interim fund process where if somebody's about to face foreclosure in this situation, perhaps they can get a loan for a month or two to prevent that from happening. There's no shortage to creative solutions that you folks can City ofMiami Page 62 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 put together. And l just want to let you know, we are absolutely committed to help the City and we are ready to go immediately. And thank you for your consideration. And if there's any questions that I can take in public, I'm delighted to answer them. Commissioner Suarez: Thank you. Chair Sarnoff I have a couple questions. The firm of Hagens Berman Sobol Shapiro, LLP (Limited Liability Partnership), how long has it been together? Mr. Liberson: Steve has had the firm -- I think it's in excess of 20 years now. Chair Sarnoff No, no, no. This firm, Hagens Berman Sobol Shapiro. Mr. Liberson: That's right. It's Steve Bermans' firm. Chair Sarnoff Okay. So that -- Mr. Liberson: I'm sorry. Chair Sarnoff -- firm has been together for 20 years? Mr. Liberson: Yes, that's my understanding. Chair Sarnoff How many governmental entities have you filed suit on behalf of -- under the FHA (Federal Housing Act)? Mr. Liberson: I need to be very careful answering that question. To date, we have not -- one is in the works. Let me leave it at that. I can discuss that in more detail in private, if you would like, Commissioner. Chair Sarnoff So -- Mr. Liberson: We have -- Chair Sarnoff Baltimore, Memphis was not your client? Mr. Liberson: That is correct, it was not. Chair Sarnoff And you mentioned a number of -- you gave me counties. I didn't write them down. Mr. Liberson: It's in the Atlanta area. We weren't involved in that. We did not file it as counsel of record. We -- I have personally filed many -- I've practiced for 20 years. I'm very familiar with the Fair Housing Act. Dean Chemerinski is essentially the leading civil rights litigator in America. He knows the statute backwards and forwards, Commissioner. Chair Sarnoff No. I just -- I'm asking about you, your firm. Mr. Liberson: It's -- right. Chair Sarnoff I'm asking -- my question to you is how many governments have you filed suits against in which you, your firm, has received a recovery? Mr. Liberson: We have -- we were not -- to date, the answer -- the short answer would be zero. We are about to file a very large case. City of Miami Page 63 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Chair Sarnoff. Okay. And you're saying that if you prevail with, let's say, Bank ofAmerica -- not thatl want to pick on Bank ofAmerica, but it's a big bank. Mr. Liberson: Certainly. Chair Sarnoff. If you show one discriminatory loan by Bank ofAmerica in the City ofMiami, and you could show no other discriminatory loans, you would be considered a prevailing party. Mr. Liberson: If the loan went into foreclosure and on that particular property, the City had to expend, let's say, the police or fire or social services had to go there, that's correct, Mr. Commissioner. Chair Sarnoff. So you would show some causative damage to the City ofMiami? Mr. Liberson: Absolutely, Mr. Chairman. Chair Sarnoff. So you just need one loan, one causative damage to the City ofMiami; that is a prevailing party? Mr. Liberson: Under the Fair Housing Act, that would be correct, Mr. Chairman. Chair Sarnoff. Okay. And if you don't do that, if you fail to do that, would the other side be entitled to either their costs or prevailing party attorney's fees? Mr. Liberson: Under that very unlikely hypothetical, but the answer to the question is yes. Chair Sarnoff And how much money could that be? Mr. Liberson: Standing here today, it's impossible to know what that would be. Chair Sarnoff. Your fees are anticipated in this case to be in the millions of dollars, correct? Mr. Liberson: Well, only if there's -- I mean, our -- the fees are -- it's a straight contingency so -- Chair Sarnoff. No, I understand. But you're going to provide hours -- you're going to do what's called the Lodestar Multiplier. Mr. Liberson: At the end of the day, that would be most likely the case, Mr. Chairman. Chair Sarnoff Right. So -- Mr. Liberson: Right. Chair Sarnoff. -- your lodestar number would be in the millions of dollars. Mr. Liberson: Right. If we cannot show one loan -- Chair Sarnoff. Right. Mr. Liberson: Let me back up. -- I wouldn't be here talking to this Commission, we wouldn't have $2.5 million of committed capital on a nonrecourse basis brought here, we wouldn't have thousands of hours of -- Chair Sarnoff. Stop right there. Stop right there. You're saying that you would be willing to City ofMiami Page 64 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 fund the lawsuit, as well as in the event of a loss, not seek recompense from the City of Miami for the cost associated with the lawsuit? Mr. Liberson: On our side, that's correct. Vice Chair Gort: That's my understanding. Chair Sarnoff Have you -- Wait. Slow down. Vice Chair Gort: Yeah. Chair Sarnoff Have you determined from the Florida Bar that that is not considered champerty? Mr. Liberson: That there is no champerty issue here whatsoever. Chair Sarnoff You've looked at that, correct? Mr. Liberson: Yes. Champerty -- I appreciate your concern. It is not a champerty issue at all. Champerty is -- it's an old concept. Essentially, it's to make sure that you're not promoting lawsuits -- using capital to promote lawsuits that are otherwise not meritorious. The virtue of the fact that we have had, as I mentioned a few minutes ago, the government get involved, the settlements that we've had, the Supreme Court and other courts have essentially said this is a perfectly viable cause of action. With all due respect, Mr. Chairman, take champerty out of the equation. Chair Sarnoff Okay. And have you looked at the Florida Bar rules with regard to what is allowed with regard to the fronting of costs and then making a representation to a client that you will not seek reimbursement of those costs? Mr. Liberson: So we've talked to Ms. Bru about the issue. I think there's two separate issues. One is indemnification of the -- perhaps the defendant's fees and costs and then there's the other about what we're seeking. There's no issue whatsoever with regard to our fees and costs. There's no question there. Chair Sarnoff So you're making a representation of fact to this Commission that you will not seek recompense of any of the costs associated with the prosecution of this suit -- Commissioner Suarez: Of course. Chair Sarnoff -- and you have determined under Florida Bar's -- the Florida rules governing the board of attorneys for the Florida Bar, that that is allowable? Mr. Liberson: With regard to that question, that is the representation I'm making, Mr. Chairman. Chair Sarnoff Okay. I want to -- I want everybody here to maintain their bar licenses that have them. Mr. Liberson: I appreciate that. Commissioner Suarez: But let me -- Chair Sarnoff That's why I want to make sure that -- Commissioner Suarez: Can l just step in on that issue? City of Miami Page 65 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Chair Sarnoff Sure. Commissioner Suarez: Okay. Because I think there's been some debate on that issue. My position here is that we go forward irrespective -- andl think was very clear when I said it the first time -- of whether or not the firm is allowed under the Florida Bar to indemnify us. That's my position. Because I think the chance that the firm would have to indemnify us, if the Florida Bar allows it, I think that's icing on the cake andl think that's fantastic. I think it's great. I just gives us an extra protection. But it appears to me that it is so unlikely a situation that any bank that sued, they're not going to be able to prove one discriminatory loan. I mean, for me that's almost an impossible scenario. I won't put words in your mouth, but -- I mean, to me, I don't think that a team assembled with this legal credibility would file suit and risk their reputation, which is probably more damaging -- it would be much more damaging than anything that -- any monetary damage for filing a frivolous lawsuit or a suit that couldn't at least prove one discriminatory loan against an institution. I suspect that they're going to do their due diligence and they're going to do their homework and they're going to do their analysis, which I've seen some of the way they come up with their damage calculations, with how they come up with -- I guess it's with their damage calculations, and it's a very sophisticated analysis. So I -- andl know some of the proof that they have already looked at and some of the very egregious discovery that has been uncovered in some of these lawsuits, which make it, to me, seem very unlikely. So I would be prepared to move forward, irrespective of what the Florida Bar says on this issue, but leave it up to my colleagues to decide as well. Chair Sarnoff. Well, I want to hear representation of fact made to me, which, to me, is an indemnification on behalf of this law firm, which, to me, equally is a guarantee that the City of Miami will not incur any of the costs associated with this lawsuit from prosecution of this lawsuit, and correct me if I'm wrong. That is what heard. Mr. Liberson: Well -- andl wanted to clam that as well. I -- we're prepared to do that. I heard two different things. There was one about I thought if the City doesn't prevail, are we going to be going after any costs? And the answer is absolutely not. There's a sec -- Chair Sarnoff. That's all 1 wanted to get to. 1'll get to the next one. Mr. Liberson: That's fine. Chair Sarnoff. 'Cause I may agree with him on the next one. I may agree with Commissioner Suarez that the likelihood of not finding a discriminatory loan outweighs the possibility -- Commissioner Suarez: Right. It's a cost benefit. Mr. Liberson: Right. Chair Sarnoff. -- the risk reward analysis. Commissioner Suarez: Right. Chair Sarnoff. You may have a 1 percent risk and a 99 percent reward. But what I wanted to establish on the record -- I think I've done it -- Mr. Liberson: Yes. Chair Sarnoff. -- that you will not be seeking recompense from the City of Miami for the cost associated with the prosecution of this loan [sic]? City of Miami Page 66 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Mr. Liberson: That is correct, andl make that representation on the record. Commissioner Suarez: Andl want to apologize, Mr. Chairman -- Chair Sarnofff. We'll move on. Commissioner Suarez: -- 'cause I misunderstood, so I apologize. Chair Sarnofff. Yeah. We'll move on from there. Now, getting to Suarez's issue, I patently -- if -- see, here's what I did when I heard about this. I actually picked up one of the lawsuits from Atlanta and read it. It took me a month, probably spending about three hours a day reading. The lawsuit is about this thick. It was more than a one -count complaint. Wasn't by your firm; it was some Atlanta outfit. I read the federal studies that they wanted to represent existed. So, obviously, when a plaintputs that on an attachment to a complaint, they obviously want the court to look at that. Very Interesting. Very enlightening. I don't know if Beech Craft versus Rainey, a Supreme Court decision, will allow simply to put a federal determination without -- in other words, one that draws conclusions into evidence, and I'm sure you know whether Beech Craft versus Rainey would allow that or not. The underlying facts may come in, the conclusions drawn may not. But you've also made a representation: Nobody, to your knowledge, has ever moved forward once the litigation has been filed, despite the fact you've never filed for litigation. So you're obviously looking at the Atlanta firm. And this is a very small community of lawyers that do this, fair enough? Mr. Liberson: That would be correct, Mr. Chairman. Chair Sarnofff. So any law firm that's done this has never had to move forward, is the representation you're making today? Mr. Liberson: What I've -- with the -- in the Baltimore and Memphis cases, the banks filed motions to dismiss that were ultimately defeated. They started the dance very little into the discovery part and, very quickly, the case settled thereafter, so no depositions, no meaningful exchange of documents; you know, nowhere near even approaching a summary judgment, for example. Chair Sarnofff. Has any bank been successful at the motion to dismiss or summary judgment stage in dismissing the lawsuit? Mr. Liberson: In the Baltimore case, they -- the first two attempts at pleading the complaint were defective. The district judge gave the plaintiffs an opportunity to amend. They finally got what they should have done the first time, quite frankly, right. And then the district court denied the subsequent attempt by the bank. In the case in Memphis, the bank was not successful. On this issue, no. Chair Sarnofff. Okay. And I'll move to my final issue, then, which is, you say "banks. " And it's not really a question to you, but you may as well stand up there anyways. My concern is, if you sue every bank in the state of Florida, who will end up doing business with us on a going -forward -business basis when this City has, I'd say, in the past 30 years, as per quarter a number of times from banks with regard to stop gap financing, stop gap loans. And my question to this Commission -- and if you happen to know of banks continuing to do business with cities that sue them, feel free to say something. Or if your intention is to leave one or two large -- I say large banks. We tend to do business with large banks. We're a large depository. We're a reasonably -- we're about a $1 billion corporation or just shy of that. Vice Chair Gort: Yes. City of Miami Page 67 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Chair Sarnoff So is it your intention -- let me ask the question, is it your intention to leave any banks out? Mr. Liberson: Yes. We -- there are only a few banks that we intend to be suing here. Chair Sarnoff Are they the banks that we do business with presently? Mr. Liberson: I'm not sure I have the information necessary to answer that question, and if I'm presented with that, I think that we should probably not talk about publicly. Chair Sarnoff Yeah, I sort of understand that -- Mr. Liberson: (UNINTET,TIGIBT,F). Chair Sarnoff -- as well. But are you willing, if this -- are you willing to consider leaving a bank out that we have an established banking relationship with? Mr. Liberson: Well, let me get to what I think is the concern you have. You asked me whether or not any banks who have been sued have continued to do business by the cities in which they've been sued, and the answer is yes. In particular, in the Memphis and Baltimore cases, the settlements not only are monetary settlements, but they include provisions wherein the banks are required -- and there, it was substantial. To make 4 or $500 million worth of loans, they are required to continue to do business with the particular community. So there was no cessation whatsoever. Chair Sarnoff I'm not absolutely concerned with the community, though that was a politically incorrect statement to make 'cause that would be (UNINTET,TIGIBT,F). I'm more concerned with the corporation. I'm more concerned with the City ofMiami. Mr. Liberson: Here's our thought, so putting into context -- look, I'm also a CPA (Certified Public Accountant). I have a strong background in finance. I appreciate and understand how important banks are to a community, and this issue came up when we spoke with another community. Nobody certainly on our team is of the belief that anything should ever be done to irreparably impact or alter the relationship between what a city has and the banking industry. This case -- and for that matter, the banks, like any other entity in this country, are entitled to earn a fair profit. No one is suggesting otherwise. But what the banks don't get to do, or any party in their position, is generate a substantial amount of money through activity which violates the law and then, as everybody here has acknowledged, leaves the community having all sorts of problems that they have to then pay the tab for. As a conceptual matter, this is really nothing more than saying, look, we want to continue working with you, we will work with you, but this is about accountability. We're not picking on you arbitrarily. You did what you did. You left the community in tatters and now you have to deal with it. Nobody is suggesting anything to the contrary. Andl think, as a practical matter, you know, none of the banks that we are talking about are going to then pull out of the Miami metropolitan area because of this case. Chair Sarnoff I'm not -- I think we're purposefully talking past each other. Mr. Liberson: Okay. Chair Sarnoff I'm not so concerned about Bank of America saying, well, you know what, we just decided South Florida is not our market. I'm more concerned with a Wells or somebody else that has, in some circumstances, granted the City ofMiami $50 million of loans saying, you know, we're not really interested in doing that anymore. That's my concern. Commissioner Suarez: Mr. Chair, ifI may? City ofMiami Page 68 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Chair Sarnoff Yes. Commissioner Suarez: 'Cause I think this is a -- this kind of does get out from the legal kind of aspect. Like you said, it's more probably of a business discussion. But thinkfrom my perspective, being a finance major myself, I think -- and Commissioner Gort can either -- Vice Chair Gort: There's plenty of people who want to do business with us. That's for sure. Commissioner Suarez: That's what I was basically going to say. By having a stronger fund balance, our credit rating has improved. That's the major measurement of whether or not we're credit -worthy as an institution. I think, you know, our bond markets have shown -- and by the way, our bond markets are actual investors that are going through clearing houses, through underwriters, have shown that our debt is -- we have a tremendous appetite for our debt. Our last bond placement, you know, resulted in -- which, by the way, you convinced me to go to a -- an institutional lender over a private lender who also was competing and wanted to lend us money. I think there are private lenders. There are -- the bond market is very liquid, and the rate of return that the bond holders requested or required and that we had to pay, I think was less than 4 percent, if I'm not mistaken, the last time that we went to market for the $50 million bond offering. I think it was slightly less than 4 percent. Unidentified Speaker: Three something. Commissioner Suarez: I'm sorry? Vice Chair Gort: Three something. Commissioner Suarez: Three point seven five or something like that, correct? Unidentified Speaker: Three eighty-two. Commissioner Suarez: Three eighty-two. So, I mean, we're getting cheaper loans than most of our own residents and that's -- by the way, that's a tax free rate, if I'm not -- that's a municipal rate, which means that after taxes, that's like -- on their income, they're paying, you know -- I mean, they're getting a tremendous discount, so I think -- to me, there's a huge appetite for (UNINTELLIGIBLE) -- appetite for municipal debt in general. And as our fund balance gets -- increases and gets further supported, that appetite is only going to grow and be greater, andl think that's one of the reasons why I'm actually promoting this cause of action. Chair Sarnoff Okay. Ms. Bru: Mr. Chair, before you leave this subject, on a procedural issue, the resolution that's before you doesn't name any particular defendant. We were negotiating in the engagement letter a provision that would require specific consent from the Commission when they do identify who the lenders are that we're going to bring into the lawsuit. Now, you are the client. I'm your counsel. It's really not up to me to make a decision as to who to sue. It really should come from you, unless you want to delegate that to the Administration, who are the -- they are in charge of the business aspect of the City and, you know, they would be probably in the best position to decide which of the institutions would be, you know, more likely than not to present some kind of impairment to the City if they were to be brought into a litigation. Again, I leave it up to you -- Commissioner Suarez: Mr. Chair, ifI may. Ms. Bru: -- to decide whether you want to delegate that authority to the Administration. Do you want to just give me the blanket authority to, from time to time, decide with the legal team who City of Miami Page 69 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 should be sued, or do you want to retain that discretion? Commissioner Suarez: Mr. Chair. Chair Sarnoff Well, I think that's something that has to be discussed. But Commissioner Suarez is still recognized. Commissioner Suarez: Thank you, Mr. Chair. I think from my perspective, the reason why we're hiring this firm is because they're experts in this matter. This is what their team is composed of. This is the reason why they have statistical experts, why they have constitutional law experts, so that they can analyze the cause of action and they can maximize, essentially, the benefits to the citizens of the City ofMiami. I think -- for there to be any sort of interference beyond that, I think would be detrimental to what we're trying to do here and would be honestly detrimental to the people that we're trying to protect by and through this lawsuit. Chair Sarnoff Okay. Commissioner Gort. Vice Chair Gort: No. I think we're saying, listen, you broke the rule, but that's fine. Now you took advantage of some of our people, but since we do business with you -- Commissioner Suarez: Yeah, yeah. Vice Chair Gort: -- we're not going to penalize you. I don't think that should be. Let me tell you, I've gone through a lot of people in my office that come to me that have gone through the process and the loans that they have signed and the paperwork, they did not realize what was really they were signing. So I'm sure a lot of people don't want to show all the paperwork that was done before and so on. And the state ofFlorida did it, andl think the banks are still doing business with the state ofFlorida. Chair Sarnoff Okay. Commissioner Carollo. No? Okay, so we have a motion. We had a second. Anybody want to discuss this anymore? All in favor then, please, say aye. The Commission (Collectively): Aye. Chair Sarnoff You got a unanimous vote. Commissioner Suarez: Thankyou, Mr. Chair. I appreciate it. Thankyou. Chair Sarnoff Andl take it that you will make that determi -- you and the Administration -- or you or the Administration or you and the Administration? Ms. Bru: As to who the target lenders will be named as defendants? I think what I heard from you is let -- it will be the legal team discussing it with the City Attorney. Chair Sarnoff Okay. Ms. Bru: Of course, I will get input from the Administration, but we will make the decision. Chair Sarnoff Okay. Commissioner Carollo: And Mr. Chairman. Chair Sarnoff Yes, sir. Commissioner Carollo: Real quick. It's not that I don't think you made valuable arguments. I City ofMiami Page 70 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 think you actually made very valuable arguments. Commissioner Suarez: I did think so too. Commissioner Carollo: But the bottom line is, I think, you know, the potential for being successful weigh -- you know, outweighs the risk. Chair Sarnoff You know -- Commissioner Carollo: And I think it comes down to that, even though I know you made some very valuable arguments, even though -- I'll tell you, it's not just fund balance; it's our whole financial integrity principles starting with -- Commissioner Suarez: Of course. Commissioner Carollo: -- issuing our financial statements on time, and I'm sure we'll speak about that a little later, if not in this meeting, in another meeting. But it's not just fund balance but -- Commissioner Suarez: And -- Commissioner Carollo: -- the bottom line is, I think you made very valuable arguments. But I think, in all fairness, when you look at all the pros and cons in its totality, I think, pretty much, you have to make -- Chair Sarnoff I agree. I came up here with a very open mind, predisposed to saying no. However, I got an indemnity agreement from a law firm, which -- Vice Chair Gort: There some good questions. Commissioner Carollo: Absolutely. Chair Sarnoff -- was a big part of this. Commissioner Carollo: Of course. Chair Sarnoff And, you know, I bet none -- I bet, other than Suarez -- Commissioner Suarez, I apologize -- none of you have read the lawsuit. I'm curious. I heard you're going to do a one -count lawsuit and they did a six -count lawsuit. Mr. Liberson: Our lawsuit will not be that thick, andl can't comment; otherwise -- Chair Sarnoff I should have read yours. Mr. Liberson: Thank you, members of the Commission. I appreciate your time and consideration of this important issue. We look forward to working with you and representing you. Commissioner Suarez: And Mr. Chair, ifI may? Chair Sarnoff Sure. Commissioner Suarez: I just want to support what Commissioner Carollo just said. I want to thank you for, you know, asking some of the tough questions and getting assurances, and I appreciate your open mindedness on this issue. Thank you. City of Miami Page 71 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Chair Sarnoff And let me say this to you, Commissioner. You know, you changed my mind up here, and you did a very nice job. You really did. Mr. Liberson: Thankyou, sir. Thankyou very much, sir. Chair Sarnoff And lawyers evaluate lawyers, and litigators are like two lions in a cage; they're always just circling around each other and, you know, it's not usually pretty. So we circled the cage with each other, andl think you answered the questions extremely well. Mr. Liberson: Thankyou. I appreciate that. Commissioner Suarez: And ifI may, Mr. Chair? I'd also like to thank the City Attorney's Office that worked diligently on this matter with me and my office and did ask a lot of tough questions. Andl think the initial draft of the retainer agreement had like 15 corrections, 15 -- andl think the firm acceded to all 15 of the suggestions. So I want to thank Mr. Bittner and everyone in the City Attorney's Office who worked and the City Attorney for shepherding us through the process. Thank you so much. Chair Sarnoff Thank you. RE.7 RESOLUTION 13-00333 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD ADDENDUM TO THE AIRSPACE AGREEMENT ("THIRD ADDENDUM"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), ALLOWING THE CITY TO INSTALL SECURITY CAMERAS ON A PORTION OF THE FDOT-OWNED PROPERTY IDENTIFIED AS RIGHT-OF-WAY PARCEL ("RWMS") 1059 AND RWMS 1060; FURTHER AUTHORIZING THE CITY MANAGER, SUBJECT TO CONSULTATION WITH THE DEPARTMENT OF POLICE, TO NEGOTIATE AND TO EXECUTE ANY FUTURE AMENDMENTS, EXTENSIONS, OR SUPPLEMENTS TO THE FORM OF THE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED, WITH ADDITIONAL TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID THIRD ADDENDUM. 13-00333 Summary Form.pdf 13-00333 Airspace Agrmt.pdf 13-00333 Legislation. pdf 13-00333 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-13-0164 Commissioner Spence -Jones: RE.7. Chair Sarnoff RE.7 is the FDOT (Florida Department of Transportation) 1-95 agreement for City of Miami Page 72 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 RE.8 13-00390 Department of Fire -Rescue the police pound. Henry Torre: Good morning, Commissioners. Henry Torre, director of Public Facilities. RE.7 is a resolution authorizing the City Manager to execute -- Commissioner Spence -Jones: So moved. Chair Sarnoff. We have a motion by Commissioner Spence -Jones. Vice Chair Gort: Second. Chair Sarnoff. We have a second by Commissioner Gort. 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 ACCEPT THE FOLLOWING GRANT ENTITLED: "THE FISCAL YEAR 2012 SAFER GRANT", AWARDED BY THE DEPARTMENT OF HOMELAND SECURITY PREPAREDNESS DIRECTORATE, THROUGH ITS OFFICE OF GRANTS AND TRAINING, IN AN AMOUNT NOT TO EXCEED, $3,682,224, FOR THE 2012 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT PROJECT, AND FOR THE HIRING OF TWENTY-SIX (26) NEW FIREFIGHTERS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE OF SAID AWARD, SUBJECT TO THE TERMS AND CONDITIONS OF THE GRANT APPLICATION. 13-00390 Summary Form.pdf 13-00390 Legislation.pdf 13-00390 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-13-0165 Chair Sarnoff RE.8. Deputy Chief Reginald Duren: Reggie Duren, Deputy Fire Chief. RE.8 is a resolution of the Miami City Commission, authorizing the City Manager to accept a grant entitled SAFER (Staffing for Adequate Fire and Emergency Response) -- Commissioner Spence -Jones: So moved. Deputy Chief Duren: -- 2012. Chair Sarnoff We have a motion by Commissioner Spence -Jones -- City of Miami Page 73 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 RE.9 13-00391 Department of Fire -Rescue Vice Chair Gort: Second. Chair Sarnoff -- second by Commissioner Gort. Any discussion? Hearing no discussion, all in favor, please say iiye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADDING THE AGENCIES OF THE CITY OF COCONUT CREEK AND THE CITY OF KEY WEST, AS PARTICIPATING AGENCIES IN THE MIAMI URBAN AREA SECURITY INITIATIVE ("UASI") GRANT FISCAL YEAR 2011, PURSUANT TO RESOLUTION NO. 12-0083, ADOPTED MARCH 8, 2012; AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDA OF AGREEMENTS, IN SUBSTANTIALLY ATTACHED FORM, WITH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECTADMINISTERED BY THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE. 13-00391 Summary Form.pdf 13-00391 Pre-Legislation.pdf 13-00391 Federally -Funded SubgrantAgrmt.pdf 13-00391 Legislation.pdf 13-00391 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-13-0166 Chair Sarnoff RE.9. Deputy Chief Reginald Duren (Fire): RE.9 is a resolution of the Miami City Commission, adding the agencies of the City of Coconut Creek and the City of Key West -- Commissioner Spence -Jones: So moved. Commissioner Suarez: Second the motion. Chair Sarnoff Motion by Commissioner -- Vice Chair Gort: Second. Chair Sarnoff -- Spence -Jones, second by Commissioner Suarez. Commissioner Suarez, recognized for the record. Oh, you didn't want to speak? Commissioner Suarez: No. Chair Sarnoff Oh. Vice Chair Gort: Question. City of Miami Page 74 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Chair Sarnoff Commissioner Gort. Vice Chair Gort: Yes. We are establishing a policy that we will not reimburse unless the people have provided all the information, and do we get reimbursed from them? Deputy Chief Duren: Yes, sir. Vice Chair Gort: We -- Okay. Chair Sarnoff So I guess in Commissioner Gort's parlance, he wants to know that the City of Key West and the City of Coconut Creek are going to be good partners, pay on time, and you're going to require that? Deputy Chief Duren: Absolutely, sir. Chair Sarnoff There you go. All right, any further discussion on RE.9? All in favor, please say aye." The Commission (Collectively): Aye. RE.10 RESOLUTION 13-00331 Office of Management A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING AMENDMENTS and Budget TO APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2013. 13-00331 Summary Form.pdf 13-00331 Attachments A- D.pdf 13-00331 Legislation.pdf Motion by Vice Chair Gort, 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-13-0154 Chair Sarnoff Okay. Then we can begin, correct me if I'm wrong, with PZ (Planning & Zoning) Commissioner Spence -Jones: Actually, we got a -- your item's done? Vice Chair Gort: Yeah. Chair Sarnoff We have an RE (Resolution) left? Commissioner Suarez: We have two, I think, REs -- Chair Sarnoff Oh, I apologize. Commissioner Suarez: -- which are not special set. Chair Sarnoff Okay. So is it RE.11, 12, and 13? City of Miami Page 75 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Commissioner Suarez: Twelve and thirteen. Chair Sarnoff We have a ten, RE.10? Unidentified Speaker: Ten was Budget. Chair Sarnoff Oh, you're right. I'm sorry. Mid year budget. You're right, Danny. I apologize. RE.10 will be heard at the same time as BI.1. Daniel Alfonso: Daniel Alfonso, Budget director, City ofMiami. RE.10 is the mid -year budget allocation. We are making some amendments to the proposed -- correction, to the adopted budget, whereby we're adding some revenue because we're expecting higher revenues in areas such as the stormwater utility, charges for services from -- related to the Bayfront Park marina, charges for the people that take the tours on boats, et cetera; red-light camera money is coming in significantly higher than we had budgeted; and the carryover of those offices that, by financial integrity ordinance, are allowed to carry over their funds whenever we have a year with a surplus. So on the revenue side, those are the appropriations that we're making. On the expenditure side of the budget, there are a number of positions that we're requesting, particularly the largest changes are in the Building and Planning & Zoning Department. We're requesting seven positions for Building and six for Planning & Zoning. There's a couple other positions we talked about earlier in the year, adding positions to Human Resources because of the anticipated Exodus that we have. Human Resources is going to need to be strengthened so we added four positions there. In the Police Department, we talked about adding three positions there to establish a HR (Human Resources) section in the Police Department to help their recruitment move smoother. There's a couple of positions that we're adding to assist in succession planning in some departments. For example, in the Manager's office, our Agenda coordinator will be leaving in the not -too -distant future and we need to hire somebody to start training to become the next Agenda coordinator sometime in the succession plan, so we're asking for that position. In the Fire Department, we're adding a mechanic, a heavy equipment mechanic. The Fire Department has expressed that they have a need for that, et cetera. In terms of dollars, there's some allocation of dollars in various departments, as explained in the seven page memo that we sent out. Primarily, the biggest recipient of funds is the Police Department. We're allocating approximately $1.2 million into the Police Department because in looking at the current rate of expenditures, we felt that they were going to exceed the budget and we needed to allocate more money. They're using overtime extensively. We had taken attrition in the department. We have speeded up the recruitment; therefore, it's going to cost the budget to be exceeded; therefore, we need to allocate monies to it. Those are the major items in the general fund. I don't know if Commissioners have had a chance to look at the -- what was sent. And if you have any questions, in particular -- Vice Chair Gort: You haven't made any changes from the documents that we got before when we've been over, right? Mr. Alfonso: That is correct. No changes have been made from the documents that were sent to you Monday of last week. Chair Sarnoff I have nothing to say. I mean, I'm -- I've been briefed by Danny. I thinkl understand it. You guys want to say anything or --? No? Okay. Danny, does that also cover DI.1? Mr. Alfonso: No. Commissioner Carollo: No. Chair Sarnoff Okay. You want to deal with that? City ofMiami Page 76 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Mr. Alfonso: Yeah. Can we take a vote on that just to --? Chair Sarnoff We need to vote on that? Mr. Alfonso: Yes. Vice Chair Gort: Move it. Mr. Alfonso: That's the resolution. Chair Sarnoff We have a motion by Commissioner Gort -- Commissioner Carollo: Second. Chair Sarnoff -- second by Commissioner Carollo. Any discussion? Hearing no discussion, all in favor, please say iiye. " The Commission (Collectively): Aye. Mr. Alfonso: Okay. The year-to-date -- Commissioner Carollo: You know what, just one thing do want to point out is that these people that we're hiring, next year's going to be a full year. So our expenses are going to increase by the full year. So I want to make sure that we're taking that into consideration and, more than anything, I know you are, so I'm putting it on the record. Mr. Alfonso: Yes, we have taken that into consideration. Commissioner Carollo: Okay. So next year, it's not going to be at the same starting point that we are this year. Next year we are actually -- Mr. Alfonso: That is correct. Commissioner Carollo: Okay. Vice Chair Gort: I have a -- Mr. Alfonso: It will be a full year. Chair Sarnoff Go ahead, Commissioner. Vice Chair Gort: We just approved the $3 million grants for Fire Department, which, my understanding -- and l forget the amount in numbers -- so individuals that being hired, and it's going to be paid by the grant. Mr. Alfonso: That is correct. Vice Chair Gort: For how long? Mr. Alfonso: The grant is for three years. Vice Chair Gort: Okay. Mr. Alfonso: It's -- the grant is a -- I think the $3.6 million -- City of Miami Page 77 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 RE.11 13-00329 Department of Capital Improvements Program Vice Chair Gort: Yes. Mr. Alfonso: -- for three years. What we're doing in the budget, Commissioner, is that the department in the last couple of years, we have used attrition savings. There have been positions that have not been filled. The grant allows you to fill all those positions. Now, what we're doing for next year in the budget process, as we did this year in the negotiations with Labor, is that instead of taking those general fund dollars that would have been needed to pay for those officers and spending them on something else, we're taking those dollars and transferring them to capital for the purpose offire-rescue equipment, facilities, et cetera, and we'll do that as long as the grant is there. Once the grant expires, then we can reduce the capital contribution, increase the operating contribution. In that way, we didn't divert the funds elsewhere. I mean, they're in the Fire Department. Vice Chair Gort: Okay. Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED MARCH 15, 2013, PURSUANT TO INVITATION TO BID ("ITB") NO. 12-13-015, FROM METRO EXPRESS, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE NORTHWEST 14TH AVENUE AND 28TH STREET ROADWAY IMPROVEMENTS PROJECT, B-30780, IN THE AMOUNT OF $649,960.25, FOR THE SCOPE OF WORK, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $64,996.02, FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $714,956.27; ALLOCATING FUNDS IN THE AMOUNT OF $714,956.27, FROM CAPITAL IMPROVEMENT PROJECT NO. B-30780; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. 13-00329 Summary Form.pdf 13-00329 Legislation.pdf 13-00329 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Noes: 1 - Commissioner(s) Sarnoff Absent: 1 - Commissioner(s) Spence -Jones R-13-0167 Commissioner Spence -Jones: On RE.10, Mr. Chairman, can we table that until this afternoon? Chair Sarnoff Yeah, yeah, yeah. I agree, I agree, I agree. Commissioner Spence -Jones: Okay. Chair Sarnoff So let's -- Commissioner Spence -Jones: D -- City of Miami Page 78 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Chair Sarnoff RE.10 would dovetail into BI1. Commissioner Spence -Jones: Okay. Chair Sarnoff So we'll hold for that too. RE.11 is the DI road work award to Metro Express. Commissioner Spence -Jones: Is that Commissioner Suarez? Chair Sarnoff No, it's Commissioner Gort. He's going to get mad at me. Commissioner Spence -Jones: Okay. D2 -- well, this -- Vice Chair Gort: RE.11? Chair Sarnoff RE.11. Commissioner Spence -Jones: (UNINTET,TIGIBT,F). Vice Chair Gort: Move it. Commissioner Suarez: Second. Commissioner Spence -Jones: Second with discussion. Chair Sarnoff Yeah. I will not be voting for Metro Express on any -- Commissioner Spence -Jones: I wanted -- I'm sorry. Chair Sarnoff --issue they come before this Commission until Metro Express does a job that they were paid for and they should do on a qualitative basis. Commissioner Suarez: On a what? Commissioner Spence -Jones: Okay. Can I just make a comment? You got a second anyways so, you know -- I do -- I don't know if Metro Express is here. Are they here? But, Commissioner Gort, is this the first time they did a project in your district now? Vice Chair Gort: This is the first time, but this -- we've been waiting two years to get 28th Street Commissioner Spence -Jones: No, no, no. I want you to get started. I just wanted -- Vice Chair Gort: I was promised about two years ago. Yes. Commissioner Spence -Jones: I want to give you some -- I just want to give you some advice just based upon me just coming out of a Metro situation. Andl don't want to stop what you have going, but I think that it's important for you to really look at the quality of their work, okay. You know I'm on the job, on the place, Commissioner, so I literally go out and look at my jobs because I want to make sure, if I'm spending a certain amount of money in my district, these contractors are doing what they promised to do. Two of the things they promised was to make sure they hire a local worker. That never happened. I'm just letting you know that. Everybody came from outside of the City ofMiami. And that was part of our agreement. The second part -- I'm just talking about their work -- I had to like literally go to them a couple times for them to repave roads, where the roads were like, you know, what do you call it, lopsided. Andl think they're nice people. I really do think they are. But we have to figure out a way in these City ofMiami Page 79 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 agreements -- andl don't know if there's something -- I'm sure you would want to know. If the work is not sufficient, I mean, is there a penalty in there -- in not being sufficient? I mean, are you okay with that? Vice Chair Gort: My understanding -- let me tell you the way my office works. Commissioner Spence -Jones: Okay. Vice Chair Gort: I have two people in the street, plus myself. Commissioner Spence -Jones: Yes. Vice Chair Gort: And that's two blocks away from where I live. Commissioner Spence -Jones: Yes. Vice Chair Gort: So I've been looking at that street for a while. I had people that received the letters where some work was going to be on the street and they tell me, why are you going to do any work on my street? The street is fine. Commissioner Spence -Jones: Yes. Vice Chair Gort: So my people had to go out and identify streets where it needs to be -- work to be done. This is one that we've been following up. This is one that my people will be following up. I sat down with the CIP (Capital Improvements Program) director and the contract -- my understanding, if you remember, when I was here, I think it was last week when I says, I read an RFP (Request for Proposals) that had 47 pages. Commissioner Spence -Jones: Yes. Vice Chair Gort: Out of those 47 pages, 40 pages were conditions and penalty that had to be implemented. My question is we had to make sure that whoever is the director of the RFP got to make sure that the work is being done. I have a commitment from the CIP director that he will make sure they will stay on top of it. I understand at same time, there's a penalty built into the contract, so I allowed him to do it. Commissioner Spence -Jones: And l just -- and the only reason -- I had no idea that you had an issue with them. I just wanted to tell you, whenever I see that name pop up, I'm like how do we keep picking these same people doing the work because --? And they work fast, but sometimes working fast doesn't mean that you do a good job. Commissioner Suarez: Do it right. Mr. Chair. Chair Sarnoff. Commissioner Suarez, you're recognized for the record. Commissioner Suarez: And I just -- I don't want to -- I don't mean to jump in and, you know, beat up on these people. Are they the ones that did Englewood in my district? Mark Spanioli (Director, Capital Improvements Program): No, Metro Express was not the ones that did Englewood. They did the West Flagler area project. Commissioner Suarez: The one that's currently going on right now? Mr. Spanioli: Right, between 37th and LeJeune and 8th Street and Flagler. City of Miami Page 80 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Commissioner Suarez: Have we had any issue -- you're talking about the Gordon project or the Cueta project? Mr. Spanioli: That's correct. No, we haven't had any paving issues on that project. Commissioner Suarez: Okay, I just want to make sure. Vice Chair Gort: Let me tell you what one of the problems that think it is. The problem is these people have subcontracts, but they have to be supervised. Our people, our staff are the one that's got to make sure, not us, that things are being done correctly. I think -- Commissioner Carollo: Mr. Chairman. Vice Chair Gort: -- we -- the supervision's got to be there and they have to look at every job that they perform. They have to go and look at them, make sure it's done in accordance. If they're not, they have to redo it again. Commissioner Spence -Jones: Right. Andl think -- Vice Chair Gort: And it shouldn't be us doing that. Commissioner Spence -Jones: -- that what -- and this is just a recommendation. I think that when we have a contractor that's doing work and they did not do a good job in one of our districts, it shouldn't go from my district bad to D2 bad to you bad. And all we're trying to do as, you know, elected officials -- 'cause our citizens are looking at us and saying why are my streets broken up or why is the work not getting done. So we jump on board because we want the project done. But they also complain once it's done and completed if it's not right. Vice Chair Gort: Right. Commissioner Spence -Jones: And I'm just telling you, I got so many complaints in Liberty City aboutMetro-- I'm about to call them Metro PCS -- but Metro Express that, honestly, you don't even have to bid them. I don't even want them to bid anything in my district, andl know that's a horrible thing to say, but it was so frustrating for me, andl don't know -- Chair Sarnoff All right. Let me -- Commissioner Spence -Jones: -- how it was for anybody else but -- Chair Sarnoff -- let me go to Commissioner Carollo, who has not spoken on this yet. Commissioner Carollo: Thank you. Thank you, Mr. Chairman. And, you know, as I sit back and listen to all of you, believe me, I relate to everything you're saying, and that's why I have brought the issue of the CIP process and all this because I've had a lot of issues with CIP from all over and -- you know, a broad range of different types of issues. By the way, Commissioner Gort, yeah, we too -- actually, I hired someone initially specifically just to tract the CIP projects. And I'll tell you, we as Commissioners shouldn't do that. However, it's not the directors, so to speak. Each job has a project manager -- Vice Chair Gort: Yeah. Commissioner Carollo: -- and a construction manager. They should be monitoring and seeing what's going on. And whatl noticed over my years here, some of them don't do a very good job. However, they keep billing -- and I'm using private sector language - they keep billing that job, you know. Oh, we passed by here to check up 30 minutes here, an hour there. I am telling you, I City of Miami Page 81 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 felt the need that I had to hire someone just to start following these jobs. As far as what you said that, yes, all of a sudden, you identified an issue by one of the constituents that call you and say this is the issue and, all of a sudden, they're addressing all these other streets and areas and -- believe me, you are preaching to the choir. I understand. I can tell you, recently, I have finally have had some success with CIP in some of the projects, but I could tell you, in two of those which they did a great job on the streets. What everybody doesn't know is that the project manager on the job made them redo it again. Commissioner Suarez: And Mr. Chair. Commissioner Carollo: Okay. The project manager on the job said, hey, wait a second. This milling and resurfacing is not, you know, to standards and you need to go ahead and do it again, okay. And I'll tell you, that was on 16th Avenue and that was on 13th Street in District 3. And that's why I'm saying you need to have -- and they're part of the CIP Department -- good project managers that are on top of things and know what's going on. So, again, I could just go on and on and on about this because, as you all know, I've had issues with CIP for quite a few years and now we're getting to the meat and potatoes of everything and we are seeing progress. But I could tell you, everything you've spoken about, we've been tackling it. Chair Sarnoff. Commissioner Suarez. Commissioner Suarez: Mr. Chair, I just want to follow up on what Commissioner Carollo just said. He's absolutely right. We need -- I know at least in two of my projects, Englewood being one of them and 17th Street being the other one, they've had to redo the work that was already done; wasn't done right. But I think part of the problem is also the turnover at the directorial level. I think now we have a very good director, but the fact that we've had so many different directors means that we're not getting the 50, 000 foot perspective of this contractor has been doing bad work a year ago, okay, in another district; the project manager who's managing a project in your district is not going to know that. The construction manager who's managing a project in my district is not going to know that. So that's where the system is breaking down, at the 50, 000 foot perspective, where we see a contractor who is botching a project in District 5 shouldn't be working later in District 2 or 1. I'll leave it at that. I understand how desperate you must feel to get that project going, and I'll leave it at that. Mr. Martinez: Can I -- Commissioner Spence -Jones: And we support it 100 percent. Chair Sarnoff. Wait, wait, wait, wait. Wait, wait, wait. Let me handle the meeting 'cause we all have some passions here. Commissioner Gort. Vice Chair Gort: Let me ask a question of Legal or procurement. Can we keep anyone that is not performing in accordance to the contract out of the bid? I mean, can we -- tell them, look, you can't bid because there's no way we're going to select you. Kenneth Robertson: Good afternoon, Commissioner. Kenneth Robertson, Purchasing director. The answer to your question is yes. Vice Chair Gort: Okay. Mr. Robertson: We would have to find the bidder nonresponsible for prior performance -- Vice Chair Gort: Yes. Mr. Robertson: -- evaluation failures, and we would have to send them notice in accordance to City of Miami Page 82 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 1895 of the code that would essentially allow us to reject their bid and go to the second lowest bidder. Vice Chair Gort: Okay, thank you. I have faith, andl know we've been through three different people in CIP. Mr. Spanioli, I've talked to him. I sat down with him. He's taking control of that department. He's assured me that he's going to make sure that it gets done. At the same time, I think the message to this gentleman -- right now he has two Commissioners that very bad experience; they don't need a third, and they should try everything they can to make the other two Commissioners happy. Chair Sarnoff. And -- Vice Chair Gort: If not, they're not going to work for the City anymore. Chair Sarnoff. Now, let me say something out of respect for Commissioner Gort. I could have done and asked for a continuance of this item, and I'd probably had a 95 percent certainty of getting it, and I'm not doing that. But I want to be completely frank and honest with you guys 'cause my issue is so simple, it's almost grinnable (phonetic). They did Pink Wall, Phase II, the southern wall. I thought the work they did on the blacktop was pretty shabby. Apparently, so did the director of CIP. They turned around and they fixed the right lane of it, and you know what happens when you then repave just one of the lanes. Commissioner Suarez: Dangerous. Chair Sarnoff Right. Commissioner Suarez: It's very dangerous. Chair Sarnoff. A hundred and sixty thousand cars a day go up and down this road. I think they feel a little bit proud of the Pink Wall. I hope they do. I think it came out great. It's different than the first wall, but it's -- you know, it's interesting. If you all remember what it looked like, it looked horrible. Andl -- it goes to sort of what Suarez says all the time, good enough. Well, good enough for who? Turns out, that right lane is good enough for Florida Department of Transportation. It passed some sort of a test. Yet, if you drive your car on that road, you feel it, and he feels it, andl feel it. And it doesn't matter what car I'm driving. And it looks to me like Grade "C" work. And ifyou want to be a "C" student, come to the City ofMiami. Because if you want to be average, come here because we welcome average people. I don't mean it like that, but we should demand better. You know, we should say, B-plus, `A" work. Why not? And I'm telling you, Metro Express, be on notice. Out of respect to Commissioner Gort, I'm not continuing this item. Vice Chair Gort: I appreciate it. Chair Sarnoff. But the next time, the next time you come up, I will five-day rule you, I will ask for continuances, I will maybe bring up an ordinance or some resolution, find you to be a nonresponsible contractor for the City ofMiami. You're on my radar screen. You said no to our director of CIP because he asked you to repave the other two lanes, andl don't think we should be hiring Grade C contractors. Commissioner Carollo: Mr. Chairman. Chair Sarnoff. You're recognized. Commissioner Carollo: I'd like to share some success that did have, and everybody up here knows that in the past, I've been very critical of our Manager, especially financially, but let me City ofMiami Page 83 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 tell you something. When it comes down to CIP engineering work, let me tell you something, he knows his stuff. And I'll tell you -- I'll share something that I've heard. And I've asked him to help me with these CIP issues because I really think there should be a long line of companies, every -- Commissioner Suarez: Absolutely, of course. Commissioner Carollo: -- type of company wanting to do work with the City ofMiami. Commissioner Suarez: Absolutely. Commissioner Carollo: So when I say okay, you have a due date of X'to start this project, we have passed it by a few weeks, it's going into a month. What's the hold up? Oh, the company can't start the job yet because they're either too busy or whatever. That's unacceptable, andl told the Manager that. And let me tell you something, the bottom line is he agreed and somehow we went to the second company. So I wanted to share that. And what I'm saying is -- and my point is, you know, speak to the Manager about this because the truth of the matter is, I don't think we should be doing -- you know, hiring companies that, A, are not responsive, B, have I guess too much work on their hands that, you know, they need to put us on hold, and definitely any company that is not doing adequate -- what we think is adequate -- an adequate job. So I think, in all fairness, that, you know, we should reach out to the Manager because I can tell you - - and I've been very critical of him in the past -- in one instance -- and I'll tell you exactly where it was, Grove Park. And the reason that I needed Grove Park to start is because I needed that project to be finished before the start of the season. Why? Because then you're going to get all the cars and, obviously, we don't have as many cars now due to the Marlin's stadium that we're going to have their opening season. So I needed that project to start on time or at least any work - - it didn't start on time, but anywhere [sic] -- I need it to start by a certain date in order for it to be finished by a certain date so we wouldn't have mayhem with the traffic and the parking and all that, and then have all those streets be all full of dust and cement and all that other stuff. So I know with Grove Park, the Manager really stepped up to the plate. Mr. Spanioli, thank you also. Mr. Spanioli: You're welcome. Commissioner Carollo: And we got the job done, and that wasn't by waiting and saying, oh, yeah, this company can't start yet, so we have to wait and we have to twiddle our thumbs. No. We actually took an aggressive stand and we were proactive. Mr. Spanioli: Commissioners, ifI may, the Administration is not going to accept C-plus or C work or anything less than A -plus work. In fact, two months ago, we started -- Chair Sarnofff. So grade Metro Express with regard to the blacktop on US 1 between 17th Avenue and Vizcaya. Mr. Spanioli: I was just about to get to that. We -- two months ago, we started the performance evaluations for all the contractors. We need to keep records of these evaluations in order to find them nonresponsible. Unfortunately, during the bidding time, this had already been out for bid and so forth, but we are doing these evaluations. We expect nothing butAplus here at the City ofMiami and the City ofMiami should expect nothing less. Johnny Martinez (City Manager): Mark. Commissioner Carollo: By the way, Mr. Chairman. Chair Sarnofff. Wait, wait, wait, wait. Just answer my question. So grade Metro Express with regard to the paving job they just did. City ofMiami Page 84 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Mr. Martinez: Can I ask a --? Chair Sarnoff Well, I'd like his answer, and then you can give me yours. Mr. Martinez: I'll -- we can probably answer both. One, we don't pay -- if they do substandard work, we don't -- we hold payment until we accept the work and they do it right. And we charge liquidated damages if they go beyond X"days. So did we accept the work and pay them? Mr. Spanioli: The issue with US 1 that Commissioner Sarnoff is -- or Chairman Sarnoff is referring to, the state has this straight -edge test that we conducted twice, and the pavement work that was done did pass the state's testing. So it met the state standards for the pavement work that was installed. Mr. Martinez: What -- the key is what's the -- what was the scope of the work in the plans? Did they meet that? Mr. Spanioli: Yes. They -- the milling and resurfacing work was done as per plans and specs by the Department of Transportation. You know, I can get into the technical nuances of why it still passes the technical tests, but to the Chair and to myself or maybe someone that drives on it, you might feel the, you know, annulations in the roadway. But from technical standards, it does pass the test. Mr. Martinez: Unless they've been debarred or taken off the bidders' list and things like that. It's not like City employees, where we grade them at the end and then that gets factored in when we select them. They're selected if they're not debarred and ineligible at being a low bidder. Whoever's the low bidder -- Mr. Spanioli: Right. Chair Sarnoff So -- Mr. Martinez: -- gets the work. Chair Sarnoff -- when do I get the answer to my question? Mr. Martinez: Had -- well, I would answer -- I know the answer. Mr. Spanioli: What did you want to know, the grade? Chair Sarnoff Yeah. I'm -- Mr. Spanioli: In your office -- Chair Sarnoff I mean, it's a great dance and you guys are both good at tapping -- Mr. Spanioli: In your -- Chair Sarnoff -- but, inevitably, the music has come to an end. Commissioner Suarez: (UNINTET,TIGIBT,F). Mr. Spanioli: In your office, I gave it a B-minus. That was my answer in your office. Chair Sarnoff Okay. City of Miami Page 85 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Mr. Spanioli: Andl stick by my answer. Commissioner Suarez: Mr. Chair. Chair Sarnoff You're recognized. Commissioner Suarez: I just -- I want to give an example of why I think Mark is doing an excellent job. I got an -- on the Englewood project that was referring to, which was a project thatl was very excited about getting started in an area that was very -- it took a long time to get going, but once it got going, unfortunately, the work wasn't done properly. So I got an e-mail (electronic) from Mark after us following up on it saying, gentlemen, just an update. We have been monitoring the Englewood contractor, and as of today, they have not completed the projects and the deficiencies as promised. We are aware of this and are sending the below letter to them. We're committed to ensure that they continue working and complete the project to the standards required and we'll monitor them every step of the way. They will be held accountable accordingly. And the letter he sent was cancellation to the president of this company. And by the way, I don't know any of these companies so -- Chair Sarnoff But Commissioner -- Commissioner Suarez: I don't want to know the companies. The only time we know the companies, when they're not doing the right thing. Chair Sarnoff Here's my dilemma andl -- 'cause I want you to understand. Mark agrees with me. Commissioner Suarez: Yeah. No, I agree with you too. Chair Sarnoff The Manager might agree with me, but he's got such a sophisticated car that it's got this special suspension that it just -- Commissioner Suarez: Just doesn't feel it. Chair Sarnoff -- adjusts for B-minus roads. My car doesn't have that B-minus. Commissioner Suarez: Neither does mine. I drive a Ford. Chair Sarnoff Mark agrees with me, so Mark Spanioli agrees with me. Yet, Mark has approached them and said, look, Commissioner's pretty upset about this. Would you redo it? And they said, test it. So they test it and they pass. They tested it twice and they passed twice. And Mark says to them candidly, you andl both know that there's something wrong with this road. And they said, but we passed the test, and it's good enough for FDOT, okay. IfI don't give Mark a tool to get Metro Express to pay attention to this -- and this tool is you guys -- Metro Express is never going to fix a roadway that 160,000 cars a day will go up and down. And all I'm saying to you is, out of respect to Commissioner Gort, I could have done things up here that would have delayed a $600, 000 contract. I didn't know this was anywhere near Commissioner Gort's neighborhood. I knew it was in his district. I don't want to do that to any one of you either. I'm putting you on notice. Metro Express is not somebody the City ofMiami belongs doing business with. Because when you take a $1 million job -- it's over a million -- and when you're asked by the CIP director, you just redid the right lane. It doesn't go down -- it doesn't fit into the left lane and the middle lane. And they said it's good enough for us. Okay. So you just said -- not Mark 'cause he doesn't have the tools necessary. But you just said B-minus works for me as a corporation. City ofMiami Page 86 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Vice Chair Gort: By the way, if you can come up with some ideas, some tools that you need, then let us know. Mr. Spanioli: I think -- Vice Chair Gort: Because we want to make sure we get A-1 A. Mr. Spanioli: -- the performance evaluations are definitely one of those -- Vice Chair Gort: No. I have a commitment from you -- Mr. Spanioli: -- one of our tools. Vice Chair Gort: -- on this one, so you better let them know. Mr. Spanioli: They are absolutely on notice. Vice Chair Gort: Okay. Chair Sarnoff All right, you had a motion. You had a second. All in favor, please say aye." Commissioner Suarez: Aye. Vice Chair Gort: Aye. Chair Sarnoff No. Mr. Spanioli: Thank you. Commissioner Suarez: Break for lunch? Chair Sarnoff Yeah. Let me tell you guys. I think we could take a two-hour lunch 'cause I think the afternoon session, there's not that much volume, but we do have a time certain. Commissioner Suarez: We got a lot of work done. Chair Sarnoff Yeah, we did. We did. So two hours all right with you guys? Vice Chair Gort: Yeah. Chair Sarnoff So two -- Commissioner Suarez: 2: 30. Chair Sarnoff Do you want to come back at 2: 30? Two thirty. All right, we're in adjournment [sic]. RE.12 RESOLUTION 13-00469 Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Waste RECEIVED FEBRUARY 25, 2013, PURSUANT TO INVITATION FOR BID NO. 352298, FROM WASTE MANAGEMENT INC. OF FLORIDA, THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER FOR THE PROVISION OF CLEAN YARD WASTE DISPOSAL SERVICES, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) City of Miami Page 87 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 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 DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 13-00469 Summary Form.pdf 13-00469 Award Recommendation Form. pdf 13-00469 Tabulation of Bids.pdf 13-00469 Letter - Disposal of Clean Yard Waste. pdf 13-00469 Email - BAFO Letter.pdf 13-00469 Proposal Submitted - Waste Management Inc. pdf 13-00469 Invitation for Bid.pdf 13-00469 Legislation. 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-13-0155 Chair Sarnofff. RE.12, I believe. Keith Carswell: Good afternoon. Keith Carswell, director of Department of Solid Waste. RE.12 is really a collaborative effort with the Department of Solid Waste, as well as Procurement, which worked with -- who worked with us through this process. We have before you a proposed contract for disposal of clean yard waste with Waste Management. The estimated savings for going to Waste Management as opposed to the County will be annually 1,370,000 a year. In the book, traditionally, it was 1.6, but we've looked at the numbers. The weighted average, Commissioner Carollo, is 1,370,000 is what the estimated savings is, provided we take at least 50,000 tons of clean yard trash to Waste Management. And again, this follows the general, I guess, directive from the Manager to try to squeeze out efficiencies and reduce costs, andl would ask that you accept this bid proposal. Commissioner Suarez: Move it. Chair Sarnoff All right. We have a motion by Commissioner -- Commissioner Carollo: Second. Chair Sarnoff -- Suarez, second by Commissioner Carollo. Commissioner Suarez, you're recognized for the record. Commissioner Suarez: Just quickly to acknowledge Keith again and his work. Another opportunity -- and the Manager -- where, you know, the Manager and Keith are bringing something that saves us a significant amount of money. On the recycling piece, we're obviously generating a significant amount of money, thanks to the Chairman and his idea that we spend that -- those $3 million on our capital investment. So I just wanted to put that on the record. Thank you. Mr. Carswell: Thank you. Chair Sarnoff All right, Joe. I said to give you two minutes. Joe Simmons: Thank you, Mr. Chairman. Ladies [sic] and gentlemen of the Commission, there's a couple of comments we wanted to -- our contract with Waste Management expired, the City of Miami Page 88 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 previous one, in 2010. There's a couple of things I just want to put on the record. One, in the -- while that contract was in existence, one of the operational concerns we had from our standpoint was there was a contract in place to take clean yard waste. In the process of transporting the material from the collection site to the disposal site, once it gets to Waste Management, it gets dumped, and there were concerns about what was considered dirty and what was considered clean. So let's say a load is rejected, person have spent time going to and from that site, have to get reloaded again, and then go all the way to Resource Recovery. That's a loss of time. Second thing, staffing at the mini dump -- this vendor, proposed vendor, was under contract with the City at the time and there was a staffing issue. Barbara Pruitt was the director at the time. And there was a dispute between the City and Waste Management -- hopefully, it needs to be addressed in this contract coming forward -- where Waste Management pretty much abandoned the site and the City employees had to be reassigned in order to have seven -day -a -week staffing. The third thing want to bring to your attention, currently under Virginia Key is a clean yard waste processing facility. There's a number of employees at that site and currently it becomes a question of what happens now to the Virginia Key site due to the fact you're going to now enter into an agreement with Waste Management to divert that waste that would normally go there -- clean yard waste that would go there now will be going to Waste Management. Chair Sarnoff All right. Commissioner Spence -Jones: Mr. Chair -- can I --? Chair Sarnoff Go ahead. Commissioner Spence -Jones: I'm going to ask this question again. I'm -- have you -- have y'all -- did y'all talk about this? Mr. Carswell: I have -- yeah. I've met with him yesterday, I think -- Commissioner Spence -Jones: Okay. Mr. Carswell: -- it was, at the Accident Review Committee. Commissioner Spence -Jones: And my -- for my fellow Commissioners and, you know, I -- first of all, I haven't been as available as, you know, lately as I have been in the past. But have you guys had this -- heard this same discussion from Joe? Did Joe brief you prior --? Did you brief --? Mr. Simmons: This is -- well, this is -- how we found out about it was basically -- usually between Commission meetings. Once the agenda is posted, we get a chance to review the particular item that we believe is relevant to our organization or our -- Commissioner Spence -Jones: Right. Mr. Simmons: -- employees, and then read all of -- I mean, I take the time to read through those attachments -- Commissioner Spence -Jones: Right. Mr. Simmons: -- page by page by page -- Commissioner Spence -Jones: Right. Mr. Simmons: -- and there were just some things that brought into concern, I think, that the Commission need to be aware of to take it into consideration whether they approve or did not this particular proposer. But I believe that we have a responsibility to inform the Commission of City of Miami Page 89 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 all relevant factors that -- Commissioner Spence -Jones: No, no, I'm not disagreeing. I'm glad that you guys are at least talking now and on the same page, or at least in the same chapter. Mr. Simmons: It's not about this. It was about something else. Commissioner Spence -Jones: Okay, but I'm saying in the chapter. Mr. Simmons: Yes, in chapter, yes. Commissioner Spence -Jones: But I still think, like I would probably would want to have a more -- and I'm not, you know, disagreeing with this is not something we shouldn't do. Butl would like to have a more thorough briefing because I haven't had a discussion with you about this becoming an issue. And that's why I saidl know I've been a little busy lately, but maybe perhaps the other Commissioners have been briefed. Have you guys been --? Has anybody been briefed? Chair Sarnoff I was briefed from Keith. Commissioner Spence -Jones: Yes, from Keith, but just the concerns, with the concerns. Mr. Simmons: Yes. Because usually -- I'm going to tell you how it usually works. Usually, administratively, there are certain projects you guys may be working on -- Commissioner Spence -Jones: right. Mr. Simmons: -- but then we don't have advance knowledge or information about something that may be coming to Commission until it gets on the agenda. Commissioner Spence -Jones: Yes. Mr. Simmons: Because you guys are working on the work product confidentiality, we may not have that information until it actually hits the Clerk's office through the agenda. Commissioner Spence -Jones: Okay, can I ask this, Mr. Chairman? I mean, just -- 'cause I would -- at this point, I would want to be more briefed on, you know, these issues that you brought up today. But my big question for Keith, though, are we dealing with a timing issue? Mr. Carswell: Yes, we are. I mean, the more -- Commissioner Spence -Jones: Oh, okay. Timing issue meaning, from the next -- to the next City Commission meeting, it'll be a problem? Mr. Carswell: Let me just say this. Commissioner Spence -Jones: Okay. Mr. Carswell: Any delay costs the City additional monies. Mr. Williams andl met with Mr. Simmons Tuesday, albeit on another issue. He was in the department yesterday. We met or we had a conversation. There was no mention of any kind of concern with this. So there have been plenty of opportunities, as usual, where we talk pretty regularly. Commissioner Spence -Jones: Yeah. City of Miami Page 90 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Mr. Carswell: And so what I've done in the past, I've asked him that if there are any issues -- Commissioner Spence -Jones: Right. The last one he just mentioned about employees -- Mr. Carswell: Right. Commissioner Spence -Jones: -- okay -- Mr. Carswell: There is a no -layoff provision -- Commissioner Spence -Jones: -- that's the question. Mr. Carswell -- in the contract. So, therefore, we can't layoff any individuals. Commissioner Spence -Jones: Okay. Mr. Carswell: So that's totally off the table right there. There's also a limited capacity in terms of what Virginia Key can take. Vice Chair Gort: Right. Mr. Carswell: Virginia Key can't take more than 3,000 tons a year -- Commissioner Spence -Jones: Okay. Mr. Carswell: -- at Virginia -- at that facility. They can't process -- Commissioner Spence -Jones: Right. Mr. Carswell: -- more than 3,000 tons. We generate close to 60,000 tons a year. So now the question becomes, do we continue to take that excess capacity to the County and we pay on average $67.40 a ton, or do we take it to Waste Management at a shorter distance, which is in Hialeah, which is the same place where we take our recyclables, and we pay $39.99 a ton? The difference between the 39.99 and the 67.40 on 50,000 tons a year that can't go to Virginia Key because they don't have the capacity to process it saves the City $1, 370, 500 a year. So if you ask if there's a timing issue, I would say yes because it's my intent with this -- because this was supposed to go next month. Commissioner Spence -Jones: Right. Mr. Carswell: Andl asked the Manager to move it up because the sooner we start making deliveries -- Vice Chair Gort: The more you save. Mr. Carswell: -- to Waste Management -- Commissioner Spence -Jones: Right. Mr. Carswell: -- the quicker we start saving money. Commissioner Spence -Jones: Right. Andl think there's no question about the fact that we need to save as much money as possible. But I just still like to -- if someone comes up and speaks on behalf of the employees, I don't think we should just, you know, look over what they're communicating. I think we should answer the question. So I think one of the things that he City of Miami Page 91 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 mentioned was the issue of about -- you know, employees possibly not being there. But you just cleared up that fact. And Mr. Manager, you agree with that as well, and that is in the written document, correct? Mr. Carswell: Correct. Commissioner Spence -Jones: So, Joe, that issue -- 'cause I know you're here to fight for the employees, and respect that, 100 percent, you know that. So -- Mr. Simmons: I have a legal responsibility. Commissioner Spence -Jones: Right. Mr. Simmons: Get sued. Commissioner Spence -Jones: Right. So -- I mean, you're doing your job and we respect that. So -- but I think he just addressed -- and that's my concern. I don't want to see anybody laid off because, you know, a private company comes in and now we no longer need them. Mr. Simmons: Yes. Commissioner Spence -Jones: But that has been addressed. Mr. Simmons: Yes. That's generally how we look at things because, generally, a lot of times when you guys are working on things administratively, if labor and management talk, I think, during the process, you can kind of flush out these issues and then, of course, you guys have -- you don't have any appearance of dispute. I'm not disputing what he's doing. What I'm just saying is that there's more inclusiveness a lot of times -- we may get approached if they believe that may come up to this mike and say something. So then, hey, Joe, how could we sit down and talk. But usually, it's -- Commissioner Spence -Jones: So basically, in a nutshell, we don't have a problem with Keith's item at this issue. Mr. Simmons: No, no. Commissioner Spence -Jones: Okay. Mr. Simmons: But those are just some -- Commissioner Spence -Jones: But, basically, this was a plea for you to communicate to us to find a way to work closer together before the items are actually developed and put -- I -- you guys are doing really, really good andl was so proud of y'all. I don't know what happened. Mr. Simmons: We still are. Commissioner Spence -Jones: Huh? Mr. Simmons: We still are. I just have -- Commissioner Spence -Jones: Kumbaya. Mr. Simmons: -- a heavy voice that carries and it just appears a certain way. Commissioner Spence -Jones: No, I just see Keith's face. And -- City of Miami Page 92 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Mr. Simmons: Yes. Commissioner Spence -Jones: -- I see you smiling andl see Keith with, you know -- So I support it; you're okay with it, correct? Mr. Simmons: Yes. Commissioner Spence -Jones: And just the statement that he's making on the record, Keith, if there's any way that as you create and prepare these items so he's not playing catch up, if y'all can work closely together, that would be awesome. Mr. Carswell: Will do. Mr. Simmons: Thank you. Vice Chair Gort: Let me give you a suggestion. Whenever you issue an RFP (Request for Proposals), make sure they get a copy. Commissioner Spence -Jones: Hmm? Mr. Carswell: Okay. Vice Chair Gort: That way you'll have plenty of time to read the document, the RFP, and that'll be help. At the same time, we don't get the information -- at the same time you get it, that's when we get it. Mr. Simmons: And for us it's like playing catch up because if they've been working on it (UNINTELLIGIBLE) not in the public eye yet, that kind of limits the scope of time in which we have to look at things. Vice Chair Gort: Well, now you have the -- an advance of an RFP where you can see everything that is going to be taking place and you can test it out. Thank you. Mr. Simmons: Thank you, sir. Chair Sarnoff Thank you. Mr. Simmons: And ma'am. Chair Sarnoff All right, there's a motion. We had a second. All in favor, please say aye. The Commission (Collectively): Aye. RE.13 RESOLUTION 13-00278 Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Waste PROCUREMENT OF DISASTER DEBRIS REMOVAL MONITORING SERVICES FROM O'BRIEN'S RESPONSE MANAGEMENT, LLC, FOR THE PURPOSE OF PROVIDING OVERSIGHT AND MANAGEMENT OF DEBRIS REMOVAL CONTRACTORS DURING DISASTER RESPONSE RECOVERY, FOR THE DEPARTMENT OF SOLID WASTE, ON AN AS -NEEDED, CONTRACTUAL BASIS, UTILIZING EXISTING SCHOOL BOARD OF MIAMI-DADE COUNTY REQUEST FOR PROPOSALS CONTRACT NO. City of Miami Page 93 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 006-LL10, EFFECTIVE UNTIL JUNE 14, 2018, SUBJECT TO ANY FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY THE SCHOOL BOARD OF MIAMI-DADE COUNTY; 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. 13-00278 Summary Form.pdf 13-00278 Award Recommendation Form. pdf 13-00278 Letters - Miami -Dade County Public Schools.pdf 13-00278 Services Agreement.pdf 13-00278 Legislation. 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) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0156 Chair Sarnofff. RE.13. Keith Carswell (Director, Solid Waste): RE.13 -- Joe Simmons: Thank you. Mr. Carswell: -- is a piggyback off of a contract with Miami -Dade County Public Schools for -- Commissioner Spence -Jones: So moved. Commissioner Suarez: Second. Mr. Carswell: Thankyou. Chair Sarnofff. Motion by Commissioner Spence -Jones, second by -- Vice Chair Gort: Second. Chair Sarnofff. -- Commissioner -- Commissioner Spence -Jones: I made it up to you. Chair Sarnofff. -- Suarez. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Mr. Carswell: Thankyou. END OF RESOLUTIONS BUDGET BI.1 BUDGET DISCUSSION ITEM 13-00392 City of Miami Page 94 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Office of Management and Budget STATUS (SEC.18-542(b) CITY CODE) I. 2012-2013 BUDGET II. PROPOSED 2013-2014 BUDGET 13-00392 Summary Form.pdf DISCUSSED Daniel Alfonso (Director, Budget): Okay. All right, in terms of fiscal year '12/'13, how we're operating to date. After looking at the revenues and expenditures carefully over the past few days, we are increasing our projected surplus to $16.1 million. Now, I say that andl continue to caution, we still have the discussion with FIPO (Firefighters and Police Officers) that is pending resolution. We have made some progress in talking to the third actuary, et cetera, but we have not yet resolved all of the issues there. We -- whenever that is resolved, we'll know whether we have to pay, you know, 9.8 million or 5 or 6 or 4. Whatever that is, we'll subtract from this projected surplus. The revenues have been coming in well. I know the last month we were lagging on property taxes versus the prior year, but now we're caught up. This month, actually, we're a million dollars ahead of where we were last year at the same time, which is interesting because even though you're half a percent ahead on collection, you're actually three -tenths of a percent below on comparison to budget because our budget went up by three million, neither here nor there. Bottom line, we're tracking pretty close to where we were last year, so property tax wise, I think we'll be where we expect to be. Compared to last year, it'll probably be better than the reserve. We won't use all of the reserve. Other revenues are coming in very well, so we will have some surplus on the revenue side compared to what was anticipated. On the expenditure side, again, most of our departments are either at 50 percent or below, with the exceptions of CIP (Capital Improvements Program), Police, and the Police we talked about and we're going to amend. CIP is going to be over because of the payments for the red-light camera. You know, if we project a million three more in expenditures -- I mean, in revenue, then we've got to pay 40 percent to the vendor. That was not in the budget of the payments so we had to augment that. So right now, if you look at the projections, it looks like CIP's going to be over budget, but now that we have the resolution passed to amend the budget, it'll be fine for next month. So the revenues are looking really good. There's a -- we -- the Commission had taken the action of changing the way in which we do certificates of use, if you recall. They used to be paid around October for a full year. We changed it. I'm sorry. It's usually a calendar year. We're changing them to a fiscal year. So there's a three months adjustments that has to happen. That's why one of our revenues are showing a deficit of about a million bucks, but it's actually being made up by other areas. On the expenditure side, like I said, most everybody is pretty much within the budget. There's some concern on overtime, Police and Fire. We're addressing those with either additional funding or it'll be offset through other savings and attrition and whatnot. As I spoke to you in your briefings in the internal service fund, we're having workers compensation expenses well ahead of what we had anticipated. In the communication that took place to establish the budget for workers compensation, we overestimated the impact of what's called indemnification, which is loss wages that are paid to people that are on workers compensation. We had made an assumption, and that assumption thought that the indemnification payments were double counted. They were being paid out of workers comp and they were also being budgeted in the department. And that is the case for a number of people. However, a lot of our indemnification, actually 80 percent -- 78 point something percent of our indemnification payments are actually being made to former City employees, people that are either on total permanent disability or firefighter/police officers that are getting loss wages paid due to heart claims. So that was not understood at the time. That's causing a problem in workers' compensation budget. Fortunately, the cost of health care year-to-date is tracking about $3 million below budget, so that largely offsets the issue with workers compensation. That's why I'm still optimistic that that -- in the end, that's not going to be a big problem, but we'll -- we may have to readjust some funding later on in the year, even though it won't be an impact to our projection at this time. Those are the major issues. Andl apologize 'cause I sent City of Miami Page 95 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 out a long message last night. If you get a chance to read it and you want -- any questions, you want any more detailed information on any of the departments individually, I'll be more than happy to meet with you. Chair Sarnoff Any questions? All right. That's just a discussion item, right? Mr. Alfonso: Yes, that is just a discussion item. Chair Sarnoff Okay. Anybody -- is everybody satisfied? All right, R -- thank you, Danny. Mr. Alfonso: You're welcome. END OF BUDGET DISCUSSION ITEMS DI.1 DISCUSSION ITEM 13-00475 District2- DISCUSSION ON THE FORMULAE ELECTRIC CAR RACE. Commissioner Marc David Sarnoff 13-00475 Email - Formula E Racing.pdf 13-00475-Submittal-Presentation-FIA Formula E Championship.pdf DISCUSSED Chair Sarnoff Okay. And I think the last (UNINTELLIGIBLE) one is Formula E. Mr. Bockweg, give yourself a moment, let the people filter out, and then you're recognized for the record. All right, Mr. Bockweg. Pieter Bockweg: Thank you, Mr. Chair. Pieter Bockweg, executive director of the Omni and Midtown CRA (Community Redevelopment Agency). Mr. Chair and Commissioners, we're back before you. In February 28, we came before you with Formula E and a suggested auto race, which is powered by electric batteries. Since then, we have met with numerous stakeholders, and as instructed by the board -- by the Commission, we are back here to present to you some more concrete findings. Andl would like to introduce Alejandro Agag, who is the principal for the Formula E. Alejandro. Chair Sarnoff You're recognized for the record, sir. Just give us your name and address. Alejandro Agag: Chairman Sarnoff and Commissioners, Mayor ofMiami. Good morning. I'm Alejandro Agag, chief executive officer of Formula Holdings. We're based in London. And we are promoting the new world competition of full electric formula cars. I have provided with a presentation and a (UNINTELLIGIBLE) drive to the Chairman and Commissioners, City Attorney, that has additional information about this project. It has also a report prepared by the consultant, Ernst and Young, about the economic impact that an event like ours would have for the City of Miami. And also some videos and footage of our presentation last Monday with the Mayor of Los Angeles of the race in that city. I will give a very quick introduction of the championship and then go straight to the point of the consequences for Miami and what we would like to do in Miami. The FIA (Federation Internationale de l'Automobile) is the global federation of autosport. It has some championships under its umbrella, like Formula 1 and like the world (UNINTELLIGIBLE) championship and now this new Formula E championship. This is a championship focusing on sustainable mobility. The message of the championship is that we want to promote the use of electric cars in cities around the world. This is why our races are not City ofMiami Page 96 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 raced in circuits outside the city. We organize all the races in the center of cities. We have selected ten cities around the world, and we think that these ten cities are at the front of let's say, the green battle in terms of many different aspects that make a city more livable. We raise and we have agreements with cities like Beijing, like London, like Los Angeles, and many others, and we would like to have a race in Miami. Why Miami? We think Miami is a great (UNINTELLIGIBLE) because between the United States and Latin America, it's a very international city and it definitely gives the right message for us, and it's a really good addition to our list of cities. Of course, organizing a race has strong implications, andl would like to go a little bit into the detail of what implications or what it means for a city to host a race like ours. First of all, economic implications. Andl want to make very clear today that we, as promoter of the race, cover the full budget of such an event. What we ask to the cities where we race in exchange is to be able to race in their streets and to have, of course, the commercial rights of advertising, sponsorship, television rights, et cetera, et cetera. So we guarantee that there is no cost for the city. Secondly, I want to go to the -- of course, one of the points that worry more cities around the world, which is the disruption created by the organization of such an event. We are listed as a Grade 3 FIA safety standard. This means a very similar standard to what would be maybe more familiar to you, an Indy car race, so we need to have walls and fences around the track where we race. We have supplied information to the Commissioners and the Chairman that usually this takes around four weeks. We have given ourselves six weeks for the first year, to be on the safe side. The first year is the always the more difficult because you may find, you know, a manhole that you need to fix or a corner that is not easy to adapt. But after the first year, this period of assembly can go down to as short as ten days or two weeks. We don't want to come here to promise anything that we cannot deliver, so we've given ourselves from four to six weeks on the first year to make sure we can assemble properly the circuit. This is done in a way to minimize eruption. It's only done at night. And there is no traffic closures, except for day of the race. The race takes place only in one day, on a Saturday. And we have been in touch with the stakeholders in the area, with the main stakeholders, because we will -- we do -- what we do is a schedule in which we build walls and fences on areas that are -- let's say, that don't disturb so much first, and we leave for the end the walls and fences that affect maybe a residential building. There are three of them in the provision or the proposed track that we have, the Miami Heat's arena and so on. So in those areas we come in really at the last minute. And there is at all times access and egress from those buildings and those areas. So the objective is to absolutely minimize the impact. Then for the event itself there is a street closures in the area of the circuit for about 12 hours, from 6 in the morning to 6 in the afternoon. We use a system in which there are gates, so as soon as we finish the competition, the gates are opened and the traffic can flow. And we also have a special planning for the noise. So we work at night, but if there is any particular work that is particularly noisy, that work is done in the beginning of the, let's say, night period so 9 p.m. to 11 p.m. or to midnight, and then there is no noise in the rest of the night while we are building the racetracks. So we have an approach which is minimizing the disruption for the city. In terms of the economic benefits and of this -- of such an event for a city, Ernst and Young has done a conservative approach with 25,000 spectators. We expect a larger number than that. But with this kind of let's say, number, and taking into account that 11,000 will be from the County and 14,000 will be coming from abroad, this will generate an expenditure of over $10 million on race day for Miami, over 240 direct jobs of people working in the race, but over 2,000 indirect jobs that day around the race, and different tax revenues for the city. So, really, the message that we want to convey today is that we are very keen on racing in Miami. We have chosen -- or we have designed a racetrack that we have provided with a map to the Commissioners. This racetrack goes around the Miami Heat arena. We have been in touch with the Miami Heat. Their approach is very positive. We have to continue the discussions with them. Very likely, we will use all the facilities on that stadium. That location, we think, it's iconic. And on our broadcasting agreements -- andl want to touch on this. This event will be broadcasted globally. The objective is to showcase the backdrop of the City. That's why we have chosen that particular location, to show that the race is held in Miami, and it's very easy to identf Miami from those buildings, from the water, from the palm trees, from the whole landscape, so we think it's a really ideal location to host this event. In terms of date and after City of Miami Page 97 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 conversations with the different stakeholders and, of course, with the City ofMiami, we are looking at April 2015. So we are talking of somewhere in two years, but this kind of project needs very careful preparation. We need, of course, to coordinate very carefully with all the stakeholders. We want, as we said, to minimize the disruption, and we think that lead time gives us, you know, sufficient time to prepare ourselves well for this event. So we -- you know, the message is we are very pleased, very keen, and we would like very much to race in Miami. We are very much available to follow the administrative procedure that is indicated by the City in order to get the permits in place. We have different -- we understand that we have different administrations in that area that we will have to speak to, and we think this -- we thank you for this opportunity to present this today to the Commission. Thank you very much. Chair Sarnoff. Thank you. Anybody have any questions? Commissioner. Commissioner Suarez: Thank you, Mr. Chair. I met with the group and they made a phenomenal presentation in our office. I think this is precisely what Miami needs. And it's -- it reminds me of my teenage years when I grew up watching the Miami Grand Prix and something -- another major event, like Art Basil, like a variety of other events that we have in this region that put Miami on the map, so I -- you know, I'm very favorably predisposed to this issue. Obviously, there's a variety of things that have to be worked through and I'm obviously going to listen to what my colleagues have to say on this matter, but I think this is precisely the kind of visionary project that we should be engaged in in supporting (UNINTELLIGIBLE). Vice Chair Gort: Mr. Chair. Chair Sarnoff. Commissioner Gort is recognized. Vice Chair Gort: Where's the car where the key goes? Commissioner Suarez: That's what I'm wondering. Vice Chair Gort: Now, I like to tell you, Mr. (UNINTELLIGIBLE) who's here, we're involved in the Miami Grand Prix, andl think it was an excellent event for the City ofMiami. And this recognizes that Miami is really becoming the international city throughout the whole world, not only the gateway to Latin America. I think this type of project, especially this new thing, electric cars, will be very important for the City. It attracts a lot of people. And any events that we can have here that attracts tourism and people and pay taxes, they're welcomed to come. Chair Sarnoff. Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. First of all, thank you for coming to my office and meeting with me and everyone else that did also. I see all your partners there in the back. I truly appreciate it. I think this is something that could be very positive. Andl like the fact that you said, Listen, we're looking at April of 2015, so there's time to work out, you know, any and all details, because, as you know -- andl raised some of them -- there are details that still needs to be discussed, because something of this magnitude obviously needs street closures, police officers, firefighters, Public Works, Solid Waste, and all those are expenses that, you know, need to be paid so the City doesn't incur that. So, you know, we need to discuss, you know, financially how are those going to be paid, and we discussed that. Mr. Agag: Yes. Commissioner Carollo: Also mention as far as this racetrack, if it was etched in stone, and you mentioned no. I mentioned with regards to if there's grass, would you be able to do some type of road on top of grass with minimal or with a lot of, I don't know, changes or, you know, difficulties, andl think the answer was no. But the bottom line is, I'm glad that you're coming so City ofMiami Page 98 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 early on so we could discuss all these things and see exactly how we could, you know, build consensus on everything. One thing -from the Administration part, I would like to know who from the Administration is going to be the point person, so to speak, because I know for a fact, Tim Schmand and back when, you know, my brother was Mayor, we -- you know, he actually participated in the Grand Prix and so forth and has experience. So I wanted to know who will be participating, who will be, you know, a point person from the Administration or from the City so, you know, we have some experience or institutional knowledge with regards to some of these races. Andl understand it's different, a GrandPrix race from, you know, an electrical car race, but still, there's still a lot of things that you have in common. So, again, I think this could be a very positive event for the City ofMiami, and I'm glad that we're moving slowly and we just need to, little by little, work the details out. Thank you. Chair Sarnoff. All right. Mr. Agag: Thank you. Chair Sarnoff. What do we need from here? What do we --? Mr. Mayor, you want to speak? Mayor Regalado: Just that we want to thank Alejandro for choosing Miami. They could have gone to New York. Actually, other cities were bidding and they thought about Miami, and Alejandro, thank you. Several month ago, you know, Mr. Chairman and Commissioners, we had sort of a meeting to just see what could happen, and we had people from FDOT (Florida Department of Transportation), andl was surprised that the people from FDOT were the first one to say "we love that," which was a first. But Miami will be in the map. Miami will be in the world map. Andl remember -- as a matter of fact, as a member ofMSEA (Miami Sports & Exhibition Authority), in 1997MSEA awarded $2 million to the GrandPrix to be done in Biscayne Boulevard, and now they're coming with a proposal that think is a win -win for the City. So I think that it's important that they get the message that the Commission and the Administration and the City and the residents are all looking forward to Formula E. Chair Sarnoff. Thanks, Alejandro, for coming. What do we need to do from here, Mr. Bockweg? Mr. Bockweg: Mr. Chair, one of the things thatl looked into was a resolution that the City Commission had passed when we had the Grand Prix originally. It is my understanding -- and 171 be working with Johnny's office -- to make sure -- it's my understanding that's no longer needed 'cause we're not actually using City property or (UNINTELLIGIBLE), so there's nothing to negotiate or contract that needs to be negotiated. As far as my understanding is, it's just a special events permit and making sure all the different departments come together, including FDOT, 'cause US 1, of course, is an FDOT road, and making sure those departments come together in orderly meetings and continuous meetings. So I'll be working with Johnny to make sure that happens, if that's the direction -- Chair Sarnoff. I think the only person qualified from the department -- from the Administration side is Johnny 'cause he's the only one that's got a BMW (Bavarian Motor Works). Mr. Martinez: Let me test if you guys have had your coffee. We're all charged up about this event. Commissioner Suarez: Oh, wow, wow. That was special. Mr. Bockweg: I like it. Commissioner Suarez: That was very special. Chair Sarnoff. All right. Well, thank you. And please coordinate with whoever has run the City ofMiami Page 99 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 event before just to make sure that if there's something that we didn't think about or wasn't thought about before that we've at least addressed and thought about. Mr. Bockweg: Sure. I'll go ahead and proceed with everything. Chair Sarnoff Okay. Commissioner Suarez: Thank you. Mr. Bockweg: Thank you. Chair Sarnoff Thank you. Mr. Agag: Thank you very much. Vice Chair Gort: Thank you. DI.2 DISCUSSION ITEM 13-00500 District 2- Commissioner Marc David Sarnoff DISCUSSION REGARDING IT. 13-00500 Email - IT Department.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Chair Sarnoff All right, so now we appear to be at the PZ (Planning & Zoning) items. Andl -- if somebody makes this motion, I thinkl wrote down the PZs correctly for the sense of expedience. PZ.1 andPZ.2 is deferred until, I wrote down, May 9 and May 23. Is that right? Francisco Garcia (Director, Planning): May 9, sir. Vice Chair Gort: May 9. Chair Sarnoff Okay. Mr. Garcia: May 9. Chair Sarnoff PZ. 6 and 7, defer to May 9. That's what I wrote down. Mr. Garcia: No, sir. May 23. Commissioner Carollo: May 23. Chair Sarnoff May 23? Mr. Garcia: Please, yes. City of Miami Page 100 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Chair Sarnoff Okay, May 23. PZ.9 through 11, May 23. Commissioner Suarez: Eight through eleven, I think. No? Chair Sarnoff Isn't 9 through -- is it 8 through 11? Mr. Garcia: Eight, nine, ten, and eleven to May 23, please. Chair Sarnoff Okay. PZ.18. Mr. Garcia: To May 23. Chair Sarnoff And is there anyone I'm missing? Mr. Garcia: And there is one more. PZ.16 to May 23 also, please. Chair Sarnoff Let me just check my list. Did we get some last- minute requests? Mr. Garcia: I'm being told by the applicant that PZ.16, which is the one that you did not have on your list previously, they're requesting that the continuance be to June 13. Chair Sarnoff June 13. Commissioner Carollo: I'm sorry, which one was that? Chair Sarnoff PZ.16, June 13. Commissioner Carollo: Got you. Chair Sarnoff All right. Anything else? Commissioner Suarez: Move it. Chair Sarnoff Everything else we're going to hear. We have a motion by Commissioner Suarez. Vice Chair Gort: Second. Chair Sarnoff Second by Commissioner Gort. Any discussion? Hearing no discussion, all in favor, please say iiye. " The Commission (Collectively): Aye. Later... Chair Sarnoff All right. Now we are up -- Commissioner Spence -Jones: PZs (Planning & Zoning). Chair Sarnoff -- to our PZ agenda. Commissioner Spence -Jones: PZ, PZ. Chair Sarnoff Correct me if I'm wrong, PZ.3 is first? City of Miami Page 101 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Commissioner Spence -Jones: Yes, PZ.3. Vice Chair Gort: Yeah. Commissioner Spence -Jones: And that's your district, right? Maria J. Chiaro (Deputy City Attorney): PZ items shall proceed according to Section 7.1.4 of the Miami 21 code. Before any PZ item is heard, all those wishing to speak will be sworn in by the City Clerk. Staff will briefly describe each item as it is to be heard. The members of the City Commission shall then disclose any ex parte communications. The appellant or petitioner will present the request and may waive the right to an evidentiary hearing. The order of presentation shall be as described in the City Code. Members of the public will be permitted to speak on certain petitions. The City ofMiami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action. Any documents offered to the City Commission that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Chair Sarnoff All right, PZ.3. Nicole N. Ewan (Assistant City Clerk): Chair, I need to -- Chair Sarnoff Oh, you want to raise your right hand -- Ms. Ewan: -- administer the oath. Chair Sarnoff -- and swear everyone in? Ms. Ewan: Good afternoon, ladies and gentlemen. Before I administer the oath, will anyone require a Spanish or Creole interpreter? Deborah Spector, official Spanish interpreter, translated the Assistant City Clerk's comments. Ms. Ewan: Thank you. Anyone speaking on today's planning and zoning items, ifI can please have you stand and raise your right hand. The Assistant City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Ewan: Thank you, Chair. Chair Sarnoff Thank you. PZ.1 ORDINANCE 05-00410ap First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, PURSUANT TO ARTICLES 3, AND ARTICLE 7, OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THE REZONING OF CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 8.14 ACRES FOR THE RIVER LANDING SPECIAL AREA PLAN ("SAP"), A MIXED -USE DEVELOPMENT LOCATED AT APPROXIMATELY 1400, 1420 AND 1500 NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, CONSISTING OF APPROXIMATELY 2,147,331 City ofMiami Page 102 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 SQUARE FEET OF DEVELOPMENT; INCLUDING: A) APPROXIMATELY 444 RESIDENTIAL UNITS; B) APPROXIMATELY 1,618,383 SQUARE FEET OF COMMERCIAL USE; C) APPROXIMATELY 130,732 SQUARE FEET OF OPEN SPACE; AND D) APPROXIMATELY 2,418 PARKING SPACES; AMENDING THE ZONING ATLAS OF ORDINANCE NO 13114, BY CHANGING THE ZONING CLASSIFICATION OF THE ABOVE REFERENCED PROPERTIES FROM "T6-8-O" URBAN CORE ZONE TO "T6-24-0" URBAN CORE ZONE; THE SQUARE FOOTAGES ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT, NOT TO EXCEED A TOTAL OF 2,147,331 SQUARE FEET OF DEVELOPMENT; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-00410ap CC 05-23-15 Fact Sheet.pdf 05-00410apAnalysis (New), Maps, Waiver Decision & UDRB Reso.pdf 05-00410ap PZAB Reso & Updated Zoning Write Up.pdf 05-00410ap Letter of Intent. pdf 05-00410ap CC Legislation (Version 4).pdf 05-0041 0ap Exhibit A. pdf 05-00410ap Exhibit C.pdf 05-00410ap Exhibit D.pdf 05-00410ap (Exhibit D) River Landing Plans/Concept Book.PDF 05-00410ap River Landing SAP Binder.pdf 05-00410ap-PowerPoint Presentation -River Landing. pdf 05-00410ap-Submittal-Letter-Miami River Commission. pdf LOCATION: Approximately 1400, 1420 and 1500 NW N River Drive [Commissioner Wifredo (Willy) Gort - District 1] APPLICANT(S): Javier F. Avino, Esquire, on behalf of River Landing Development, LLC, Contract Purchaser (Mahi Shrine Holding Corporation, Owner) FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions* PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on April 17, 2013. See companion File ID 05-00410da. *See supporting documentation. PURPOSE: This will allow the "River Landing" SAP development. Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PZ.1 was deferred to the May 9, 2013 Commission Meeting. PZ.2 ORDINANCE First Reading 05-00410da AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, City of Miami Page 103 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 PZ.3 13-00151ac PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN RIVER LANDING DEVELOPMENT, LLC, APPLICANT ENTITIES AND THE CITY OF MIAMI, FLORIDA, RELATING TO THE REZONING OF CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 9 ACRES FOR THE "RIVER LANDING" SPECIAL AREA PLAN ("SAP") AT APPROXIMATELY 1400, 1420 AND 1500 NORTHWEST NORTH RIVER DRIVE, AS DESCRIBED IN EXHIBIT "A", FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO: RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONALAND CIVIL SUPPORT, AND ANY OTHER USES AUTHORIZED BY THE "RIVER LANDING SAP", AND PERMITTED BY THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, AND THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-00410da CC 05-23-15 Fact Sheet.pdf 05-00410da CC Legislation (Version 3).pdf 05-00410da Development Agreement - Revised 05-23-13. pdf 05-00410da Exhibit A. pdf 05-00410da Exhibit B.pdf 05-00410da Exhibit C.pdf 05-00410da-PowerPoint Presentation -River Landing. pdf 05-00410da-Submittal-Letter-Miami River Commission. pdf LOCATION: Approximately 1400, 1420 and 1500 NW N River Drive [Commissioner Wifredo (Willy) Gort - District 1] APPLICANT(S): Javier F. Avino, Esquire, on behalf of River Landing Development, LLC, Contract Purchaser (Mahi Shrine Holding Corporation, Owner) FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. See companion File ID 05-00410ap. PURPOSE: This will allow the development for the "River Landing" SAP. Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PZ.2 was deferred to the May 9, 2013 Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE AN ALLEY LOCATED BETWEEN NORTHEAST 18TH STREET AND NORTHEAST 19TH STREET FROM City of Miami Page 104 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 NORTHEAST 2ND COURT TO APPROXIMATELY 115 FEET EAST OF NORTHEAST 2ND COURT, MIAMI, FLORIDA. 13-00151ac CC 04-25-13 Fact Sheet.pdf 13-00151 ac Analyses, Maps & PZAB Reso.pdf 13-00151 ac Application & Supporting Documentation.pdf 13-00151ac CC Legislation (Version 2).pdf 13-00151ac ExhibitA.pdf LOCATION: Between NE 18th Street and NE 19th Street from NE 2nd Court to Approximately 155 Feet East of NE 2nd Court [Commissioner Marc David Sarnoff- District 2] APPELLANT(S): Ben Fernandez, Esquire, on behalf of First Church of Christ Scientist of Miami, Florida FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PUBLIC WORKS DEPARTMENT: Recommends approval. PLAT & STREET COMMITTEE: Recommends approval on December 6, 2012 by a vote of 7-0. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on March 6, 2013 by a vote of 11-0. PURPOSE: This will allow the remaining closure of an alley, which is partially closed. Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0169 Chair Sarnoff All right, PZ.3. Francisco Garcia: Francisco Garcia, the Planning & Zoning director. For the record, item PZ.3 is a proposal for an alley closure. This is located approximately between Northeast 18th Street and Northeast 19th Street, and approximately from Northeast 2nd Court to 150 feet east of Northeast 2nd Court. This is an alley that basically goes from the street to the middle of nowhere. The property owner is the property owner on both sides, so it will revert back to that property owner. There is no usefulness to the alley for any other purpose -- any other public purposes. The Planning & Zoning Department recommends approval. The Public Works Department recommends approval. The Plat & Street Committee recommended approval by a vote of 7-0. The Planning, Zoning and Appeals Board also recommends approval to the City Commission by a vote of 11-0. Commissioner Suarez: Move it. Chair Sarnoff All right. We have a motion by -- Vice Chair Gort: Second. City of Miami Page 105 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Chair Sarnoff -- Commissioner Suarez, second by Commissioner Gort. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. PZ.4 ORDINANCE Second Reading 12-00839Iu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 2984 SOUTHWEST 21 ST TERRACE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 12-008391u CC 04-25-13 Fact Sheet.pdf 12-00839Iu Analysis, Maps, School Concurrency & PZAB Reso.pdf 12-008391u Application & Supporting Documentation.pdf 12-008391u CC Legislation (Version 2).pdf 12-008391u Exhibit A.pdf LOCATION: Approximately 2984 SW 21 st Terrace [Commissioner Francis Suarez - District 4] APPLICANT(S): Ben Fernandez, Esquire, on behalf of 2991 Coral Way, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on September 19, 2012 by a vote of 7-2. See companion File ID 12-00839zc. PURPOSE: This will change the above property to "Low Density Restricted Commercial". Motion by Commissioner Suarez, 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 13377 Chair Sarnoff PZ.4. Francisco Garcia (Director, Planning): Items PZ.4 and PZ.5 are companion items. The -- Chair Sarnoff I'll open up a public hearing on both. (UNINTET,TIGIBT,F). I'll open up a City of Miami Page 106 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 public hearing for both items, meaning -- what I'm saying is, when you discuss PZ.4 and PZ. 5, there will be one public hearing. Mr. Garcia: Very well, sir. They do go together. They are companion items. AndPZ.4 is the proposal for a land use change, and PZ. 5 is a proposal for a zoning change for properties approximately at 2984 Southwest 21 st Terrace. As you have in your record, we are recommending denial of the proposal as presented. We are, however, recommending approval, as did the Planning, Zoning & Appeals Board for a slightly different configuration, which the applicants could not have applied for, but we, the Planning & Zoning Department, are in a position to be able to recommend, and you are in a position to be able to approve should you wish to do so. A couple of features to this particular item. We are recommending that the land fronting Coral Way, which is subject to this item, remain with its present T5-O designation. We are, however, recommending that the parcel to the -- or the area of the property to the north -- I want to make sure I get this right -- yes, to the north, be rezoned to T4-L, which would, in the end, allow for the development of an accessory parking facility for the existing establishment. In addition to that, we are requiring that any new substantial change would require a new waiver, and also that unity of title shall be executed for the property as a whole. And we are also recommending favorably on the covenant that has been proffered by the applicant to the City Commission. And at this time, I would like to yield to the applicant to explain the proposal in further detail. Ben Fernandez: Good afternoon, Commissioners. Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of the applicant. This is a second reading item. The only difference between the first and second reading is that the covenant was additionally modified to ensure that there would be no graffiti on the wall, or if there is graffiti on the wall, they would remove -- be removed by the owner 30 days from receipt of notice from the City ofMiami. And can pass that around for you if you all like. Commissioner Suarez: Mr. Chair, ifI may? Chair Sarnoff. Yeah, you're recognized, Commissioner Suarez. Commissioner Suarez: Thank you. This is in my district, and we passed it on first reading. There was some residents that expressed concern on first reading. I actually have to commend our Planning director. Francisco Garcia andl went out there and canvassed the entire area for an afternoon. And so, to the extent that that needs a Jennings disclosure, those were all ex parte communications with each one of the residents in the surrounding area. Andl can tell you that they all were in favor of this plan, with the exception of the one person who expressed an objection here. But every other neighbor, it was like a 95 percent approval rate of the neighbors thatl spoke with. And the reason why is because two things are happening on this. The first is, they're not getting any more development rights than they currently have, which is the duplex -- they can build a duplex on that lot. What we're allowing them to simply do is to pave it and make it into a parking lot, which they cannot otherwise do under the Miami 21 designation. But in exchange for that, we're asking the business to wall itself off from the residential neighborhood. So what it prevents is the current condition where cars can actually come in through the neighborhood into the resident -- into the commercial establishment. With this covenant, they will no longer be able to do that. It will be a wall that will be lined with landscaping. We put in the graffiti thing because that was one specific concern that one specific resident requested. But the fact of the matter is, if the wall is lined with landscaping, it's unlikely that it's going to be painted with graffiti, but we wanted to accede to her demand and make sure that everyone felt that they were being listened to and that their additions to the project were being incorporated. So I move the item. Chair Sarnoff. All right, we have a motion by Commissioner Suarez -- City ofMiami Page 107 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Vice Chair Gort: Second. Chair Sarnoff -- second by Commissioner Gort. Madam City -- Any further discussion? Well, let me open up a public hearing. Anyone from the public wishing to be heard on PZ.4 or PZ.5, please step up. Hearing none, seeing none, coming back to this Commission. Any further discussion? No further discussion. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Nicole N. Ewan (Assistant City Clerk): Your roll call on item PZ.4. A roll call was taken, the result of which is stated above. Mr. Fernandez: Thank you. Ms. Ewan: As amended -- yes, PZ.4 is adopted on second reading, as amended? Commissioner Suarez: I would -- Maria," Chiaro (Deputy City Attorney): PZ.4 has no amendments. The amendments come to PZ.5. Ms. Ewan: Thank you. Commissioner Suarez: Okay. Ms. Ewan: PZ.4 is adopted on second reading, 5-0. PZ.5 ORDINANCE 12-00839zc Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, BY CHANGING THE ZONING CLASSIFICATIONS FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2991, 2995 SOUTHWEST 22ND STREET AND 2984 SOUTHWEST 21 TERRACE, MIAMI, FLORIDA; ESTABLISHING A ZONING BOUNDARY LINE THAT EXTENDS EASTWARD ALONG THE NORTHERN ZONING BOUNDARY LINE OF THE ABUTTING PROPERTY IMMEDIATELY TO THE WEST OF THE SUBJECT PROPERTIES FRONTING SOUTHWEST 22ND STREET (CORAL WAY), MIAMI, FLORIDA, RETAINING THE EXISTING "T5-O" URBAN CENTER ZONE FOR THE SOUTHERN PORTION OF THE SUBJECT PROPERTIES FACING SOUTHWEST 22ND STREET (CORAL WAY), MIAMI, FLORIDA, AND ASSIGNING A ZONING TRANSECT DESIGNATION OF "T4-L" GENERAL URBAN ZONE TO THE NORTHERN PORTION OF THE SUBJECT PROPERTIES FACING SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, AS PRESENTED BY THE PLANNING AND ZONING DEPARTMENT AND RECOMMENDED BY THE PLANNING, ZONING AND APPEALS BOARD ("PZAB") RESOLUTION PZAB-R-12-036, AND DEPICTED IN "EXHIBIT B", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 108 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 12-00839zc CC 04-25-13 Fact Sheet.pdf 12-00839zcAnalysis, Maps, Zoning Referral & PZAB Reso.pdf 12-00839zc Applicant Covenant.pdf 12-00839zcApplication & Supporting Documentation.pdf 12-00839zc CC Legislation (Version 3).pdf 12-00839zc ExhibitA.pdf 12-00839zc Exhibits B.pdf LOCATION: Approximately 2991 and 2995 SW 22nd Street; 2984 SW 21st Terrace [Commissioner Francis Suarez - District 4] APPLICANT(S): Ben Fernandez, Esquire, on behalf of 2991 Coral Way, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with modifications* to City Commission on September 19, 2012 by a vote of 6-3. See companion File ID 12-008391u. *See supporting documentation. PURPOSE: This will establish a boundary line that extends eastward along the northern zoning boundary line of the abutting property immediately to the west of the subject properties fronting SW 22 Street, retain the existing "T5-O" Urban Center Zone for the southern portion of the subject properties facing SW 22 Street, and assign a zoning transect designation of "T4-L" General Urban Zone to the northern portion of the subject properties facing SW 22 Terrace. Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 13378 Note for the Record: Please see Item PZ.4 for minutes referencing Item PZ.5. Commissioner Suarez: I move PZ.5, as amended, to accept the covenant. Vice Chair Gort: Second. Commissioner Suarez: And I'll just say that one of the good things about this is that it creates, as I said before, a buffer between the residential community and the commercial community, which I believe under Miami 21 would already exist. But since this wasn't built under Miami 21, that's not something that was available then to the community. So by working with the owner of the property, we're able to get a situation which is an improvement to the neighborhood, buffering it from the commercial establishment. So I move the item also. Chair Sarnoff All right. We have a motion by Commissioner Suarez, second by Commissioner Gort. As I said, the public hearing was opened. Nobody else is going to want to speak on this, correct? All right, coming back to this Commission. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Nicole N. Ewan (Assistant City Clerk): Your roll call on item PZ.5. City of Miami Page 109 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 A roll call was taken, the result of which is stated above. Ms. Ewan: PZ.5 is adopted on second reading, 5-0, as amended. Ben Fernandez: Thank you. PZ.6 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 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 05-23-13 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 Suarez, seconded by Vice Chair Gort, that this matter be CONTINUED PASSED by the following vote. City of Miami Page 110 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.7 ORDINANCE Second Reading 12-01180zc1 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 CONDUCTEDA BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS OF THE ZONING ORDINANCE, PURSUANT TO SECTION 7.1.2.8.B.2, HAS FOUND THE CHANGES TO BE APPROPRIATE AND CONSISTENT WITH THE DEVELOPMENT DIRECTION OF THE CITY OF MIAMI'S NEIGHBORHOODS; RESULTING ZONING CHANGES APPROVED THROUGH THIS BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS, PURSUANT TO SECTION 7.1.2.8.6.2, SHALL NOT PROHIBIT, PREVENT OR LIMIT OWNERS OF AFFECTED PROPERTIES IDENTIFIED HEREIN FROM APPLYING FORA 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 05-23-13 Fact Sheet.pdf 12-01180zc1 Analysis, Maps, Sch. Brd. Concurrency & PZAB Reso.pdf 12-01180zc1 Fully -Executed CC Legis. (Ver. 2).pdf 12-01180zc1 ExhibitA.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". City of Miami Page 111 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.8 ORDINANCE First Reading 06-00613Iu 1 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 05-23-13 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).pdf 06-006131u1 & 06-00613zc1 Exhibits A & B.pdf LOCATION: Approximately 1001 S Miami Avenue [Commissioner Marc David Sarnoff- District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Brickell Flatiron, LLC, and the City of Miami, A Municipal Corporation FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on January 16, 2013 by a vote of 10-0. See companion File ID 06-00613zc1 and related File Ds 06-006131u and 06-00613zc. PURPOSE: This will change the above property from "Restricted Commercial" with a "UCBD" Overlay to "Public Parks and Recreation" with a "UCBD" Overlay. Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.9 ORDINANCE First Reading 06-00613zc1 City of Miami Page 112 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 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; CONTAININGASEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-00613zc1 CC 05-23-13 Fact Sheet.pdf 06-00613zc1 Analysis, Maps & Zoning Referral.pdf 06-0061 3zc1 Pictures.pdf 06-00613zc1 PZAB Reso.pdf 06-00613zc1 Supporting Documentation - NEW.pdf 06-00613zc1 CC Legislation (Version 3).pdf 06-0061 31u1 & 06-0061 3zc1 Exhibits A & B.pdf LOCATION: Approximately 1001 S Miami Avenue [Commissioner Marc David Sarnoff- District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Brickell Flatiron, LLC, and the City of Miami, A Municipal Corporation FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on January 16, 2013 by a vote of 10-0. See companion File ID 06-006131u1 and related File Ds 06-006131u and 06-00613zc. PURPOSE: This will change the above property from "T6-48B-O" to "CS". Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.10 ORDINANCE First Reading 06-00613Iu 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. City of Miami Page 113 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 06-006131u CC 05-23-13 Fact Sheet.pdf 06-00613lu Analysis & Maps.pdf 06-006131u PZAB Reso.pdf 06-006131u Application & Supporting Documentation.pdf 06-006131u CC Legislation (Version 5).pdf 06-006131u & 06-00613zc Exhibit A. pdf LOCATION: Approximately 20 SE 10th Street [Commissioner Marc David Sarnoff- District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Brickell Flatiron, LLC, and the City of Miami, A Municipal Corporation. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on January 16, 2013 by a vote of 10-0. See companion File ID 06-00613zc and related File 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 Suarez, seconded by Vice Chair Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.11 ORDINANCE First Reading 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; CONTAININGASEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-00613zc CC 05-23-13 Fact Sheet.pdf 06-00613zcAnalysis, Maps & Zoning Referral.pdf 06-00613zc PZAB Reso.pdf 06-00613zcApplication & Supporting Documentation.pdf 06-00613zc CC Legislation (Version 3).pdf 06-006131u & 06-00613zc Exhibit A. 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): City of Miami Page 114 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on January 16, 2013 by a vote of 10-0. See companion File ID 06-006131u and related File Ds 06-006131u1 and 06-00613zc1. PURPOSE: This will change the above property from "CS" to "T6-48B-O". Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.12 ORDINANCE First Reading 13-00078Iu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT APPROXIMATELY 2750 SOUTHWEST 16TH STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-000781u CC 05-23-13 Fact Sheet.pdf 13-00078Iu Analyses, Maps, Sch. Conc. & PZAB Reso.pdf 13-00078lu Application & Supporting Documentation.pdf 13-000781u CC Legislation (Version 3).pdf 13-000781u Exhibit A.pdf LOCATION: Approximately 2750 SW 16th Street [Commissioner Francis Suarez - District 4] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Mapisjo Investment Group, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with a modification* to City Commission on April 3, 2013 by a vote of 6-3. See companion File ID 13-00078zc. *See supporting documentation. PURPOSE: This will change the above property from "Duplex Residential" to "Low Density Restricted Commercial". Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones City of Miami Page 115 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Chair Sarnoft I think we move now, Mr. Manager, to PZ.12? Francisco Garcia (Director, Planning): Yes, sir, PZ.12 and 13, which are companion items. Vice Chair Gort: PZ.12. Mr. Garcia: Yes, sir. Items PZ.12 and PZ.13 are companion items. These are a land use amendment and a rezoning for parcels located at approximately 2750 Southwest 16th Street. This is before you on first reading. We are recommending approval for a slightly modified proposal vis-a-vis what the applicant had originally applied for. We are recommending approval and the Planning, Zoning and Appeals Board recommended approval by a vote of 6-3 for a change that would go, in terms of land use, from low -density residential to low -density multifamily residential. And as pertains to the zoning, we are recommending a change from the existing T3-O to T4-R; that would still render development in this property exclusively residential. It would increase the density, however, from 18 units per acre to 36 units per acre, and the height from two stories to three stories. That's all I have by way of pre presentation. 171 yield to the applicant. Vice Chair Gort: Thank you. Is the applicant here? Commissioner Suarez: This is a first reading. It's my district. This is a first reading. I think the -- there's someone that wants to be recognized from the public who would like to speak on it. So maybe if you could recognize him? Albio Castillo: May I? Commissioner Suarez: Go ahead, of course. Well, I mean -- through the Chair. Chair Sarnoff You're recognized for the record. Mr. Castillo: Thank you. My name is Albio Castillo. I live in 23 -- 2223 Southwest -- no, excuse me -- 2235 Southwest 16 Street. It's near the area. My concerns are this: If this is going to have an impact on 27th and 16 because they're heavily traveled I also like to know if it's going to have the proper parking facility for this area. And I'd also like to know for the handicap because I remember one use as a street as a parking and they used it and it's already been reported. And I'd like to ask if that's going to be in the -- in this building. Is it going to be properly use of parkings [sic]? Is there going to be parking, the restricted also on handicaps, the title of the handicaps, which is a federal law and everything else? And they'll get congestion of those streets, 27 and 16. Commissioner Suarez: Mr. Chair. Mr. Castillo: Any questions from the Administration? Any question from the attorney? Commissioner Suarez: Mr. Chair. Chair Sarnoff We're going to recognize the Commissioner of the district. Commissioner Suarez: Thank you, Mr. Chair. Albio, we will -- I'll meet with you between first and second reading with the Administration so that we can answer all of your questions, okay? Mr. Castillo: Well, you know every Thursday I go by every office so -- Commissioner Suarez: I know you do. We enjoy your time with us. City of Miami Page 116 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Chair Sarnoff. You have a meeting with him every Thursday? Commissioner Suarez: I do. Chair Sarnoff Okay. Commissioner Suarez: I do. I try to -- Mr. Castillo: Thankyou. I like that. Any other questions? Commissioner Suarez: No. We'll be in touch. We'll see each other next Thursday. Mr. Castillo: Thank you. Commissioner Suarez: Okay. Thank you, Albio. Ben Fernandez: Thank you. Commissioners, once again, Ben Fernandez, 200 South Biscayne Boulevard, on behalf of the applicant, Mapisjo Investments [sic], T,T C (Limited Liability Corporation). The purpose for this application is simply to rezone the property from T3-O to T4-R, which is the next successional [sic] zoning step under Miami 21. If you look at the Shenandoah/Little -- East Little Havana area, what you find is primarily single-family development and duplex development. A few older apartment homes are developed as well and those older apartment homes happen to be on areas that are zoned T4-R, which is what we're asking for. It's unlikely that many of those apartment homes will redevelop because they're already built out to their maximum density. The only areas that -- where you find row houses, which is what we want to bring to this area, as shown here as developed by our project architect, Reynaldo Borges, is only found in Coconut Grove. That's where you find T4 zoning districts that work the way they should work, where you have a section lined roadway, like 27th Avenue. You have a T6 or T5-O, then you have a T4, and then you have a T3 in the center. Unfortunately, in Shenandoah, and particularly west of 27th Avenue, where this property's located, you don't have that transition. We think that this property is uniquely suited for this type of transition because, number one, it abuts a service station on 27th Avenue and there's a Jensen's liquor store on the other side, and then there's an FP&L (Florida Power & Light) substation behind the liquor store. So about a third of the property is developed with commercial uses, and the remainder of it, this subject property itself was the site of the Veterans of Former Wars Post, so it was never developed with single-family residential or duplex residential. It has always been a quasi -civic type of use. So we believe that it's a good opportunity, more than an acre of land to really introduce something that could bring a new product into the area, and that's the reason for our application. Thankyou. Commissioner Suarez: And Mr. Chair, ifI may. Chair Sarnoff. You're recognized. Commissioner Suarez: Yeah, I couldn't agree more. It's -- we don't have anything in District 4 that has that kind of character that you see in the Grove, and there's no reason why we shouldn't extend the Grove beyond US 1. So one of the things that I've tried to do along 22ndAvenue is tried to extend the feel of the Grove as far north as possible, and this is one idea of how to do it. The site currently -- no offense to the prior owner. I know they were, you know, very honorable people andl also -- you know, I don't want to offend anybody either. And they were -- it was a polling precinct, andl worked it many times. But it's in a deteriorated condition and it's kind of unsightly, and it has a lot of like commercial vehicles on it right now. So, you know, the comparison between this, which is very low density in comparison with what is currently there -- I mean, this is -- would be a huge improvement to the area. So ifI haven't moved the item, I'll City of Miami Page 117 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 move the item. Commissioner Spence -Jones: Second. Chair Sarnoff. Motion by Commissioner Suarez, second by Commissioner Spence -Jones. I have a question. Is this 22nd or 27th? Commissioner Suarez: Twenty-seventh, twenty-seventh. Chair Sarnoff Seventh. Commissioner Suarez: Twenty-seventh. Vice Chair Gort: Right behind the gas station. Commissioner Suarez: Yeah. Chair Sarnoff. Which gas station? Vice Chair Gort: Right on the corner of -- Mr. Fernandez: It's the other Home Depot -- Vice Chair Gort: (UNINTET,T IGIBT,F) and 27th. Mr. Fernandez: -- to give you a point of reference. Chair Sarnoff Oh. Mr. Fernandez: South of. Chair Sarnoff Wait, wait, okay. Mr. Fernandez: South of. Chair Sarnoff. I got you. That's (UNINTELLIGIBLE) Commissioner Suarez: Don't use those words. That's -- don't go there. Chair Sarnoff. No, but he got me there very quickly. Commissioner Suarez: He did get you there very quickly. He did get you there very quick. Chair Sarnoff. All right, did we open up a public hearing? This is on PZ (Planning & Zoning) -- What are we on? PZ -- Commissioner Suarez: Twelve. Nicole N. Ewan (Assistant City Clerk): PZ.12. Chair Sarnoff. -- 12 and 13. So these are companion items, right, Mr. Manager? Mr. Garcia: Yes, sir, it is. Chair Sarnoff. So I'm going to open up a public hearing for both PZ.12 and PZ.13. Anyone City of Miami Page 118 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 wishing to be heard on PZ.12 or PZ.13, please step up. Hearing none, seeing none, coming back to this Commission. We have a motion and we have a second. Any further discussion? Hearing no further discussion, Madam City -- Commissioner Carollo: Mr. Chairman, real quick. I just want to verf, T4 -- Commissioner Suarez: R. Commissioner Carollo: -- R, okay, what's the maximum height? Mr. Fernandez: Three stories. It's one additional story. Commissioner Carollo: Okay, 'cause I see the three stories, but what's the maximum? Mr. Fernandez: Forty feet. Commissioner Carollo: Forty feet. 'Cause I originally thought it would take up the whole block, but it's not. So you're still going to have abutting properties behind you. Mr. Fernandez: We have -- Commissioner Carollo: Right, you have all of 29th Lane -- Maria," Chiaro (Deputy City Attorney): You're not approving a project. Commissioner Carollo: -- 27th Avenue. Mr. Fernandez: Right. Commissioner Carollo: I'm sorry, 29th Avenue. Mr. Fernandez: That's right. You still have the transition of existing duplexes that their backyards come into this property, so they wouldn't even be looking at it. They'd be looking in the other direction. Commissioner Suarez: And I think what -- the other thing that you're saying -- not to cut you off Commissioner -- but think part of the idea with Miami 21 was they're transitional because they're -- because we're increasing in density as a city -- Mr. Fernandez: As well as bringing in cars -- Commissioner Suarez: Right. Mr. Fernandez: -- off of -- not parking in front of the units, but behind the units. Commissioner Suarez: Right. Mr. Fernandez: You're creating an internalized roadway network that is exactly what Miami 21 wants. Mr. Garcia: I should also emphasize, please, that we are not, by virtue of this action taken by the City Commission, approving the project itself. That will be subject to review by all the applicable trades. We are simply approving the land use and the rezoning at this present time. Chair Sarnofff. All right. City of Miami Page 119 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Commissioner Carollo: I'm okay. I just -- I'm going to need for second reading -- before second reading, for Francisco to meet with me. Unidentified Speaker: Okay. Commissioner Carollo: Thank you. Chair Sarnoff. All right. Mr. Garcia: Happy to do so. Chair Sarnoff. Madam City Attorney, it's an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Nicole N. Ewan (Assistant City Clerk): Your roll call on item PZ.12. Commissioner Carollo? Commissioner Carollo: Yes, on first. Ms. Ewan: Vice Chair Gort? Vice Chair Gort: Yes. Ms. Ewan: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Ewan: Commissioner Suarez? Commissioner Suarez: Yes. Ms. Ewan: Chair Sarnoff? Chair Sarnoff Yes. Ms. Ewan: The item passes on first reading, 5-0. PZ.13 ORDINANCE First Reading 13-00078zc 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 FOR THE "T3-O" SUB -URBAN ZONE -OPEN PORTION OF THE PROPERTY TO "T4-O" GENERAL URBAN ZONE -OPEN, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2750 SOUTHWEST 16TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-00078zc CC 05-23-13 Fact Sheet.pdf 13-00078zcAnalysis, Maps, Zoning Referral & PZAB Reso.pdf 13-00078zcApplication & Supporting Documenation.pdf 13-00078zc CC Legislation (Version 3).pdf 13-00078zc Exhi bit A. pdf City of Miami Page 120 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 LOCATION: Approximately 2750 SW 16th Street [Commissioner Francis Suarez - District 4] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Mapisjo Investment Group, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with modifications* to City Commission on April 3, 2013 by a vote of 6-3. See companion File ID 13-000781u. *See supporting documentation. PURPOSE: This will change a portion of the above property from "T3-O" to "T4-O". Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Please see Item PZ.12 for minutes referencing Item PZ.13. Commissioner Suarez: Mr. Chair, ifI may, just a quick question on PZ.13. Francisco, have we gotten back any negative comment cards -- 'cause usually we send out comment cards -- on any of these items, as far as you know? Francisco Garcia (Director, Planning): The record shows that there were a couple of negative comment cards received, yes. Commissioner Suarez: Okay, we'll talk about it. Chair Sarnoff PZ.13. Commissioner Suarez: Move it. Chair Sarnoff We have a motion by Commissioner Suarez -- Commissioner Spence -Jones: Second. Chair Sarnoff -- second by Commissioner Spence -Jones. Public hearing has already been opened up. Any further discussion? Hearing -- Commissioner -- no present discussion -- Commissioner Suarez: Same. Commissioner Carollo: Same. It's a companion. Chair Sarnoff Gotcha. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Nicole N. Ewan (Assistant City Attorney): Your roll call on item PZ.13. Commissioner Carollo? Commissioner Carollo: Yes, on first reading. City of Miami Page 121 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Ms. Ewan: Vice Chair Gort? Vice Chair Gort: Yes. Ms. Ewan: Commissioner Spence -Jones? Chair Spence -Jones: Yes. Ms. Ewan: Commissioner Suarez? Commissioner Suarez: Yes. Ms. Ewan: Chair Sarnoff? Chair Sarnoff Yes. Ms. Ewan: The item passes on first reading, 5-0. PZ.14 ORDINANCE 13-00080Iu First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 4021 AND 4033 NORTHWEST 11TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-000801u CC 05-23-13 Fact Sheet.pdf 13-000801u Analyses, Maps, Sch. Conc. & PZAB Reso.pdf 13-000801u Application & Supporting Documentation.pdf 13-000801u CC Legislation (Version 2).pdf 13-000801u Exhibit A.pdf LOCATION: Approximately 4021 and 4033 NW 11th Street [Commissioner Wifredo (Willy) Gort - District 1] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Sunny 42, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on April 3, 2013 by a vote of 6-3. See companion File ID 12-00080zc. PURPOSE: This will change the above properties from "Medium Density Restricted Commercial" to "General Commercial'. City of Miami Page 122 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez Chair Sarnofff. Correct me if I'm wrong, we go to PZ.14 and 15, also companion items? Francisco Garcia (Director, Planning): That is correct, sir. Chair Sarnofff. For purposes of this, we will open up a public hearing collectively for PZ.14 and 15. PZ.14 is now being presented. Mr. Garcia: Thank you, sir. Item PZ.14 and 15 are companion items. These are for a land use change and a rezoning at 4021 Northwest llth Street. The proposal is to change the land use designation from what it presently is, I should say, which is medium density restricted commercial, to medium density -- rather, to general commercial, my apologies; and the zoning from T5-L to T6-8 O. The Planning & Zoning Department is recommending a denial of this application. The Planning, Zoning andAppeals Board, however, recommended approval to the City Commission by a vote of 6-3. I will say briefly, and yield to the applicant, that our major concern is that the subject parcel is immediately across the street, in this case, Northwest 11 th Street, from a single-family residential area that is fairly well established and the present configuration of development would allow five stories and 65 units per acre. The proposed configuration would allow up to eight stories and 150 units per acre, and that, we think, would create a significant adverse impact on the properties to the south. That's a synopsis of our presentation. I'll answer any questions you have and yield to the applicant. Chair Sarnofff. All right. Ben Fernandez: Thank you. Chair Sarnofff. You want to make a presentation? Mr. Fernandez: I don't have to, no. We would yield with the Planning, Zoning andAppeals Board recommendation, which found that this made sense in light of the fact that we're really one of the first residential opportunities as you leave Miami International Airport and enter the City ofMiamifrom the north to the south. It's in a block that is primarily the same zoning district that we are requesting. And it is immediately abutting a Fairfield Marriott Hotel of the same height. Vice Chair Gort: Let me ask you a question. You have a traffic study of what you're going to be doing there because that's a very narrow street, so I want to make sure -- at the same time, one of the problems we have in that area is the -- across the street, not as much as the residential area, but the streets are being used by people trying to stay away from llth Street, not to go all the way to 42ndAvenue, a lot of people coming off the 7th Street. I understand at one time there was a request to sort of block those streets so people would not use it as a traffic, and that's something that would like for you to look into it. Mr. Fernandez: We can certainly do that between first and second reading. Vice Chair Gort: Okay. On the first reading, I'll move it. Chair Sarnofff. There's a motion by Commissioner Gort -- Commissioner Spence -Jones: Second. City of Miami Page 123 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Chair Sarnoff. -- second by Commissioner Spence -Jones. Public hearing. Anyone from the public wishing to be heard on PZ.14, please step up -- or 15. Hearing none, seeing none, coming back to this Commission. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Nicole N. Ewan (Assistant City Clerk): Your roll call on item PZ.14. Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Ewan: Vice Chair Gort? Vice Chair Gort: Yes. And before the second reading, my understanding is, looking at the plan over there, you have landscaping all the way across. I want to make sure that all that is put together, okay, and we'll be getting together so you can talk to the applicant. Yes. Ms. Ewan: Chair Sarnoff? Chair Sarnoff Yes. Ms. Ewan: The item passes on first reading, 3-0. PZ.15 ORDINANCE 13-00080zc First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-L" URBAN CENTER ZONE -LIMITED TO "T6-8-O" URBAN CENTER ZONE -OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 4021 AND 4033 NORTHWEST 11TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-00080zc CC 05-23-13 Fact Sheet.pdf 13-00080zcAnalysis, Maps, Zoning Referral & PZAB Reso.pdf 13-00080zc Application & Supporting Documentation.pdf 13-00080zc CC Legislation (Version 2).pdf 13-00080zc Exhi bit A. pdf LOCATION: Approximately 4021 and 4033 NW 11th Street [Commissioner Wifredo (Willy) Gort - District 1] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Sunny 42, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on April 3, 2013 by a vote of 6-3. See companion File ID 12-000801u. PURPOSE: This will change the above properties from "T5-L" to "T6-8-O". City of Miami Page 124 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 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, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo Note for the Record: Please see Item PZ.14 for minutes referencing Item PZ.15. Chair Sarnoff PZ.15. Vice Chair Gort: Move it. Commissioner Suarez: Second. Commissioner Spence -Jones: Second. Chair Sarnoff We have a motion by Commissioner Gort, second by Commissioner Suarez. Public hearing has been opened and closed. Any further discussion? Hearing no further discussion, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Ewan: Your roll call on item PZ.15. A roll call was taken, the result of which is stated above. Ms. Ewan: The item pass -- Vice Chair Gort: I'd like to welcome -- I'm sorry, go ahead. Ms. Ewan: The item passes on first reading, 4-0. Vice Chair Gort: Sergeant at Arms Soler, pleasure to have you back, sir. Commissioner Suarez: Looking good, buddy. Vice Chair Gort: He lost weight and everything. Commissioner Suarez: I didn't go there. PZ.16 ORDINANCE First Reading 13-00077zc 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 "T3-O" SUB -URBAN ZONE TO "T4-O" GENERAL URBAN ZONE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2701, 2721, 2751 SOUTHWEST 28TH AVENUE AND 2740 SOUTHWEST 27TH COURT, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-00077zcAnalysis, Maps, Zoning Referral, Sch. Conc. & PZAB Reso.pdf 13-00077zcApplication & Supporting Documentation.pdf 13-00077zc CC Legislation (Version 2).pdf 13-00077zc Exhi bit A. pdf City of Miami Page 125 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 LOCATION: Approximately 2701, 2721, 2751 SW 28th Avenue and 2740 SW 27th Court [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Landaq, Inc and Grove Bluff, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval, as modified, to City Commission on March 20, 2013 by a vote of 8-3 as follows: 1) Change the zoning classification to "T4-R" and 2) Southwest 27th Court will be up to code with proper pavement and sidewalks and proper sidewalks on Southwest 28th Avenue. PURPOSE: This will change the existing zoning classification from "T3-O" to "T4-O". The applicant will proffer a covenant for these properties. Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PZ.16 was deferred to the June 13, 2013 Commission Meeting. PZ.17 ORDINANCE First Reading 13-00079zc 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 "T6-8-O" URBAN CENTER ZONE TO "T6-12-0" URBAN CORE ZONE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 121, 123, 127 AND 139 SOUTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-00079zc CC 05-23-13 Fact Sheet.pdf 13-00079zcAnalysis, Maps, Zoning Referral & PZAB Reso.pdf 13-00079zcApplication & Supporting Documentation.pdf 13-00079zc CC Legislation (Version 2).pdf 13-00079zc Exhi bit A. pdf LOCATION: Approximately 121, 123, 127 and 139 SW North River Drive [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Iris Escarra, Esquire, on behalf of MV Real Estate Holdings, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on March 6, 2013 by a vote of 10-0. City of Miami Page 126 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 PURPOSE: This will change the above properties from "T6-8-O" to "T6-12-0". Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Sarnoff All right. I think we're up to PZ.17, Mr. Manager. Francisco Garcia (Director, Planning): PZ.17, sir, is an application for rezoning. This one, however, does not need a land use amendment. The land use is already in place that would accept the rezoning proposal. The rezoning proposal would go from T6-8 0 to T6-12 O. The Planning & Zoning Department recommends approval, and the Planning, Zoning and Appeals Board also recommended approval to the City Commission by a vote of 10-0. This particular parcel of land is located in an area that is surrounded by other parcels significantly higher in terms of zoning, and there is an increased density around it is as well. And we certainly feel that it is worthy of your consideration. I'll answer any questions you may have. It is before you on first reading. Chair Sarnoff I want to recommend Greenberg buys itself a new easel. Iris Escarra: Thank you. We'll do so. Good afternoon, Chairman, members of the City Commission. Iris Escarra, with offices at 333 Avenue of the Americas. I'm joined this afternoon by Alex Mantecon and Guillermo Vadell ofMVReal Estate. As most of you have travelled to the Miami Riverside Center, you'll notice that this actual site used to be actually a cut -through site many years ago, where you would actually come by 1st Street, make a quick right, and go down this site to be able to cut to get to MRC (Miami Riverside Center). It was subsequently closed off -- which is right here -- to traffic, but it's actually a sliver of a parcel that's about 19,000 square feet. It's surrounded by sites that are T6-36 to the north, T6-36 to the south. Across the street, there's a parcel that's owned -- across the street, there's a parcel that's zoned D3. D3 allows eight stories and no limitation on FLR (Floor Lot Ratio) so long as you build within the setbacks. So there is allowed an eight -story building with unlimited FLR. Our request for you today is simply to increase us to the next zoning transect, from T6-8 to T6-12, so we're allowed more FLR. The comp plan is the same. We're not asking for anything. The density is the same. We're not asking for any density. The request for the rezoning is to add additional FLR to the particular site. That's the application before you. Chair Sarnofff. Is there a motion? Vice Chair Gort: I'll move it. Chair Sarnofff. Motion by Commissioner -- Commissioner Spence -Jones: But before you move it, it's in my district, so I want to have a discussion on the item. Vice Chair Gort: Oh, I'm sorry. Commissioner Spence -Jones: That's okay. Vice Chair Gort: I thought it was Sarnoffs. (UNINTET,TIGIBT,F). Commissioner Spence -Jones: No, it's my district. Okay. Chair Sarnofff. I'm going to take it as a motion by Commissioner Spence -Jones and second by Commissioner -- City of Miami Page 127 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Commissioner Spence -Jones: No, you're not going to take it as a motion yet. Chair Sarnoff Oh, okay, gotcha. Commissioner Spence -Jones: I just -- first, I want to just clear up one quick thing. This will allow for -- Iris, for them to go up to 24 stories, correct? Ms. Escarra: Correct, with bonuses. Commissioner Spence -Jones: Huh? Ms. Escarra: With bonuses. Commissioner Spence -Jones: Right. But I understand from Francisco that you're -- we're not really looking at going up to 24 stories, correct? Mr. Garcia: The preliminary designs that we have seen do not go up that far. However, I want to emphasize again, just for clarity's sake, that today we will be approving the zoning, not necessarily any project that is designed for the site. Commissioner Spence -Jones: Okay. All right, let me just -- I do want to make sure I just disclose the quick meeting that took place. The meeting was actually about the Miami marathon, okay. Is that the Miami mar -- what's the marathon? Ms. Escarra: Corporate run? Commissioner Spence -Jones: Yeah. Chair Sarnoff Corporate run tonight? Commissioner Spence -Jones: Yeah. It's happening today. Chair Sarnoff Yeah, the Miami Mercedes corporate run. Commissioner Spence -Jones: And in that meeting, I guess the owner of this project came to that meeting. I didn't have any idea they were even associated with each other. So I want to make sure I disclose that, and that was sometime last week. But immediately, I kind of put a halt on the conversation, but I -- there was a very brief conversation about what it was, so I wanted to make sure I put it on the record. I don't have a problem with passing this on the first reading 'cause the -- we've had this discussion -- our office has had a discussion with Francisco, but do have some concerns about asking for, you know, this kind of height with all of the stuff that's going on off of North River Drive. I really want to understand what the overall vision and plan is from their perspective -- Ms. Escarra: Understood. Commissioner Spence -Jones: -- 'cause they own property on both sides. Ms. Escarra: Correct. Commissioner Spence -Jones: Andl have a little concern about it being that tall and the possibility of having a storage, you know -- Ms. Escarra: Correct. City of Miami Page 128 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Commissioner Spence -Jones: -- facility there, you know. I mean, my river is -- I mean, I don't have that many commercial or viable areas to create commerce or to attract people and the river is that. So I'm very sensitive on that side of North River. I don't want to create a situation where I'm stuck with a storage facility when I'm trying to bring restaurants and retail shops and things that will make the river a lot more exciting, you know. Ms. Escarra: Understood. Commissioner Spence -Jones: I think a storage facility -- so that is -- so I'm going to pass it on the first reading, but I think there needs to be a little bit more thought into what is actually going to happen 'cause I don't want to get stuck with something -- it's not even about me. It's about whoever comes after me stuck with something that's not going to really highlight the river. Ms. Escarra: Understood. And our storage facility would actually have to go through a warrant process because of the use, so it actually -- once the zoning's in place, then we're eligible to be able to file for that particular warrant and go through the site design review of the particular storage facility. Commissioner Spence -Jones: So I would pass it on the first reading, also understanding that any kind of community benefits that can come with the upgrades of the green space in the area to make the river experience a lot better, I'm hoping that you guys are able to sit down with the Administration and work through that. Ms. Escarra: Understood. Thank you. Commissioner Spence -Jones: Thank you. Chair Sarnoff All right, so I'll take that as a motion by Commissioner Spence -Jones. I'll take -- Commissioner Spence -Jones: Yes. Chair Sarnoff -- Commissioner Gort as -- Commissioner Carollo: Second. Vice Chair Gort: Second. Commissioner Sarnoff. -- Commissioner Carollo as a second. Public hearing. Anybody wishing to be heard on PZ.17, please step up. Hearing none, seeing none, the public hearing is now closed. Before I go to the ordinance -- Commissioner Spence -Jones, I'd recommend if passing this on first reading and then seeing if you can get the development the same time for the second reading 'cause I sort of agree with you, not that it's my place to -- Commissioner Spence -Jones: Oh, no. Listen, I welcome the -- this is the only time we could talk, so I welcome any input, you know. I just -- Chair Sarnoff I think it's a great spot to have either a commercial lower spot as well as in a residential upper spot. To put a storage facility here, I'd sort of agree with you. It's just -- there's a -- that is not how you design a city. So, all right, Madam City Attorney, it's an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Nicole N. Ewan (Assistant City Clerk): Your roll call on item PZ.17. Commissioner Suarez? City of Miami Page 129 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Commissioner Suarez: Sony? Ms. Ewan: Your roll call -- Commissioner Spence -Jones: Vote. Ms. Ewan: -- Commissioner Suarez? Commissioner Suarez: Yes. Ms. Ewan: Vice Chair Gort? Vice Chair Gort: Yes. Ms. Ewan: Commissioner Carollo? Commissioner Carollo: Yes, on first. Ms. Ewan: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes, on first. Ms. Ewan: Chair Sarnoff? Commissioner Sarnoff. I love that expression: Yes, on first. Ms. Escarra: Thank you all very much. Have a nice afternoon. Ms. Ewan: The item passes on first reading, 5-0. PZ.18 RESOLUTION 13-00197x A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY GRANTING OR DENYING AN EXCEPTION AS LISTED IN ORDINANCE NO. 13114, AS AMENDED, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 5, SECTION 5.7.2.4, TO ALLOW A NEW DEVELOPMENT (HELIPAD) IN A CIVIC INSTITUTION ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3663 SOUTH MIAMI AVENUE (MERCY HOSPITAL), MIAMI, FLORIDA. 13-00197x CC 05-23-13 Fact Sheet.pdf 13-00197x PZAB Appeal Letter.pdf 13-00197xAnalysis, Maps & PZAB Reso.pdf 13-00197xApplication & Supporting Documentation.pdf 13-00197x Zoning Write Up, Referral & Plans.pdf 13-00197x CC Legislation (Version 3).pdf 13-00197x CC Legislation (Version 4).pdf 13-00197x Exhibit A.pdf LOCATION: Approximately 3663 S. Miami Avenue [Commissioner Marc David Sarnoff- District 2] City of Miami Page 130 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 PZ.19 13-00242 APPELLANT(S): Carlos J. Gimenez, Esquire, on behalf of Eric Levy, President of Bay Colony Condominium Association, Inc. APPLICANT(S): Alexander I. Tachmes, Esquire, on behalf of Plantation General Hospital Limited Partnership FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial of the appeal and approval with a condition* of the Exception. PLANNING, ZONING AND APPEALS BOARD: Approved the Exception with conditions* on February 20, 2013 by a vote of 11-0. *See supporting documentation. PURPOSE: The approval of this appeal will not allow the construction of a helipad on the Mercy Hospital premises. Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL FILED BY MCDONALD'S USA, LLC, OWNER (APPELLANT) AND REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH APPROVED WITH CONDITIONS THE TREE REMOVAL PERMIT APPEAL ON MARCH 5, 2013 BY A VOTE OF FIVE TO TWO (5-2), FOR THE REMOVAL OF A TREE ON THE PROPERTY LOCATED AT APPROXIMATELY 1400 SOUTHWEST 8TH STREET, MIAMI, FLORIDA. 13-00242 CC 04-25-13 Fact Sheet.pdf 13-00242 Color Maps.pdf 13-00242 HEPB Appeal Letter & Supporting Documents.pdf 13-00242 HEPB Reso & HEPB Staff Report.pdf 13-00242 Additional Supporting Documentation.pdf 13-00242 Legislation (Version 3).pdf 13-00242 Legislation (Version 4).pdf 13-00242 Exhibit A. pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0157 Direction by Chair Sarnoff to the Administration to provide the City Commission with a copy of the agreement between the City ofMiami and Florida Power & Light that holds them harmless in the event that they damage a tree in the process of performing utility work at the next meeting. Direction by Commissioner Carollo to the Administration to develop an educational campaign City ofMiami Page 131 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 for City residents regarding the Tree Removal Permit Process. Chair Sarnoff PZ.19. Francisco Garcia (Director, Planning): Item PZ.19 is before you as a resolution. This is actually an appeal of a Historic and Environmental Preservation Board approval of a tree removal permit. That approval, however, comes with some conditions. Andl believe the appellants are here today to speak on the item, andl will yield to them in terms of conveying to you their concerns. I would like, however, to begin by introducing into the record the two conditions that were attached to the issuance of the tree removal permit as set forth by the HEP (Historic and Environmental Preservation) Board. And not speaking for the appellant, but I think that they will describe to you how they have -- they want to take issue with condition number two. So, again, just for the record, condition number one on issuing the tree removal permit is that the tree removal permit shall be updated to include a mitigation plan to plant 16 mahoganies or live oaks on public property within the Commission district from which they are removed. And condition two, the agreed -upon mitigation plan shall be amended to include an appropriate replacement tree at the location of the tree removal to provide shade for the sidewalk on Southwest 14th Avenue. The replacement tree shall match the two other street trees that have recently been placed at this address. Andl want to correct myself. I spoke earlier and said that my understanding was that the appellant had an issue with condition two, butl think it's the reverse. I think condition one is the one that they are here to discuss with you. We, as staff of course, are in agreement with the Historic and Environmental Preservation Board's decision. I will certainly answer any questions you may have. I yield to the appellant. Commissioner Carollo: Mr. Chairman. Chair Sarnoff. You're recognized. Commissioner Carollo: IfI may. Could you give us a little history or a little background on this, Mr. Garcia, before we start or before we hear from the appellant? Can you give me a little history on exactly what occurred, whose tree -- whose property the tree is? Who caused the damage? The whole nine yards. Mr. Garcia: Certainly, sir. I'll try my best to reconstruct it for the Commission. My understanding is that there was an application to remove a tree that was purportedly damaged by some work done by FP&L (Florida Power & Light) when working on the utilities for this property. And we are talking -- I'm sorry, I'm not sure ifI mentioned it on the record, but we're talking about the McDonald's restaurant at 1400 Southwest 8th Street. And again, these are facts that we are not in a position to corroborate, but I will tell you what the record shows as set forth by the original applicant. The tree was then damaged by FP&L. It was deemed that the tree would have to be removed. An application was made for it and posted on the tree and posted as noted in the City Commission -- I'm sorry, in the City Code. Commissioner Carollo: And -- I'm sorry to interrupt you. Does FPL have to go through that process for them to remove a tree? Mr. Garcia: FP&L has an agreement with the City that they are exempt from having to mitigate trees when they are damaged and removed accordingly. Nevertheless, the procedure states that the tree removal has to be -- the application has to be posted, and that was done. That posting and that tree removal permit was appealed by the Coconut Grove Tree -Man Trust to the Historic and Environmental Preservation Board, and some discussion was had between the applicants and the City Code Enforcement Department and the City Parks & Recreation Department as to what might be appropriate mitigation for the removal of the tree if the permit should be approved. It is my understanding now -- andl will now make a distinction between what we know today and what was known then at the time that the Historic and Environmental City of Miami Page 132 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Preservation Board heard the item. Our understanding today is that an agreement was reached between the applicant and the Code Compliance office and the Parks & Recreation office to have the mitigation take place in Little Haiti Park and a number of specimens -- I had on the record -- I'll read it into the record, if you'd like -- were planted into Little Haiti Park. And then the case was heard by the Historic and Environmental Preservation Board. At the time at which the item came before the Historic and Environmental Preservation Board, the HEP Board considered the proposal to plant the trees in Little Haiti Park as just that, a proposal. They did not know at that point in time, nor was it presented to them, that the trees had already been planted. No one was there for -- from -- for Code Compliance or for Parks & Recreation. That board is in no way staffed by the Planning & Zoning Department, and we were not aware that that agreement had taken place. The board then -- I'm sorry, sir. I'll yield to you. Commissioner Carollo: No. It's just that, you know, it's part of the process and the Administration -- I mean, how can you, to a certain degree, negotiate with a business and then they do what was negotiated and then it goes to the HEP Board; no one from the Planning Department is there. No one from Code Enforcement is there. No one from Parks Department is there. Mr. Garcia: I'm sorry, sir. The Planning Department was there. It is a board that we staff. We, however -- we, the Planning & Zoning Department, were not aware of the agreement that had been reached. And so what I'm trying to describe factually is that the HEP Board only had a proposed mitigation plan, which they chose not to accept. And what the HEP Board then did is to approve the tree removal, because there's reason to do so, and to then substitute the mitigation presented to them, the trees in Little Haiti Park, for trees that were now to be located in the immediate vicinity of the site. That is the plan that the HEP Board approved, andl believe the appellant is here to you -- here before you today to address that issue. Commissioner Carollo: And with all due respect, Mr. Garcia, I also see the City Manager. I would like the City Manager to come up because I'd like to see how we've came to the determination that mitigation in Little Havana should be done in Little Haiti Park. Mr. Manager, can you come up? Commissioner Suarez: That knee looks pretty good there, man. Vice Chair Gort: He's walking good. Chair Sarnofff. He looks good behind that podium. Commissioner Carollo: Which, by the way, with no conversation, no heads up, no discussion whatsoever with the district Commissioner, with -- nothing. And then even when, out of good faith, they do it, they take it to the HEP Board -- so how does this happen? Johnny Martinez (City Manager): I don't know. Commissioner Carollo: Please shed a little light. Mr. Martinez: It's the perfect storm, you know. Everything went wrong. FP&L damaged the tree, reached an agreement; they didn't consult with the district Commissioner on where the mitigation was going to take place. They took it to Little Haiti Park with no one knowing, including the HEP Board. The HEP Board saw the notice, demanded another 20 trees. So now for one tree, we're putting up forty; twenty's already been up. And think these 20 are being demanded to be put in the area or the neighborhood or the district that suffered the loss to begin with. So if it could be done now, it should have been done then. Commissioner Carollo: Well, I mean, if there's a case for mitigation, I do believe the mitigation City of Miami Page 133 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 should, at the very least, be within that district or even in that area. Mr. Martinez: I'm in agreement. Commissioner Carollo: And now you're talking to a Commissioner that is not oblivious to the fact that we are one city, you know. And you know how I've complained about District 3 not having enough parks and efforts that I'm making for parks. However, with that said, when Commissioner Sarnoff had an idea for 1814 Brickell, which was for a park there, I didn't vote against it. This isn't, Well, ifI can't have it, you can't have it. So I'm definitely, you know, open-minded. But explain to me how this happens where out of the blue comes Parks Department -- it's not even Code Enforcement -- and says, you know what, we could fix the problem if you plant 20 trees in Little Haiti. No one knows about this. I mean -- Mr. Martinez: We absolutely dropped the ball on that in communicating where we were replacing the trees. Obviously, the communication took part and it was out in the open on the Brickell Park and we dropped the ball. Mr. Garcia: I'd like to shed some light on the issue, ifI may, Commissioner, to give you another side of it. As it turns out right now in the City ofMiami, the only arborist and horticulturalist happen to be in the Parks & Recreation Department. Quite frankly, we, in the Planning & Zoning Department, don't have the expertise presently to properly consider these mitigation plans. We are in the process, I should tell you and the Commissioners, of consolidating the tree relocation/tree removal permits so that everything is within the umbrella of the Planning & Zoning Department so that these kinds of confusing situations don't arise again. But admittedly, at present, there is a confusing process, and in this particular case, the applicants fell victim of it. Commissioner Carollo: And by the way, just because there's only one arborist, that doesn't mean that you need to be an arborist to say, hey, those trees go to Little Haiti Park, as opposed to a park in District 3, or have I -- like I've heard in the past -- 'cause I've -- this is my second rodeo at this. And if you remember, Commissioner Sarnoff, when I first came to the Commission, all the trees from the Orange Bowl were being shipped out to other parts of the districts because, oh, District 3 doesn't have enough parks, you know. No one thought about swales. No one thought about -- you've done Arbor Day. You've planted a lot of trees. Were all those trees planted in parks? Commissioner Suarez: No. Commissioner Carollo: No. They were in swales -- Commissioner Suarez: They were in swales. A lot of them were in swales. Commissioner Carollo: -- you know. And believe me, I did sufficient homework when it came to the Orange Bowl two and a half years ago as far as root balls and what swales you could plant and why some trees you can't plant in this swale and then there's other swales that are larger and, yes, you could plant them there. But it's just -- this is the second time at this rodeo, and I'm seeing once again, you know, unbeknownst to anyone, there's a mitigation plan and it's to plant trees somewhere else. And I'm sorry, butl don't think you need an arborist -- or an arborist doesn't have to be certified to say, Oh, no, it needs to be planted way out there in some other park. I mean, why -- you mean to tell me we couldn't have found places in Little Havana to plant them? I'll tell you, you know what, come with me for a ride. I'll show you some places. I would have found them, like I had in the past, you know. This is just unacceptable, and I'm just wondering, this is the normal -- this is normally the way the City works? 'Cause it's definitely flawed and we need to fix it. Mr. Martinez: I don't disagree. And part of the thinking that went through the person that made City ofMiami Page 134 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 the decision, which she should have communicated in advance, was economy of scale. I can plant all the trees a little bit more economically all in one spot than trying to find places all (UNINTELLIGIBLE) -- and I'm not saying that's correct, but that's what went through his mind. Commissioner Suarez: (UNINTET,TIGIBT,F) decision. Commissioner Carollo: And I'll go a step further. I mean, in all fairness, you know, you know how we talk a lot about perception. I'm even -- the businesses, I mean, they negotiate with the City. The City official tells them, this is what you need to do. And then, all of a sudden, no, that's really not what you need to do. You need to plant an additional 20 trees? Mr. Martinez: Forty for one, yeah. Commissioner Carollo: Forty for one? Mr. Martinez: The 20 in the Haiti and the 20 that they're demanding now. Commissioner Carollo: I'd like to see those numbers with billboards, you know. But anyways, you know -- and yeah, I make light of it, but -- and Mr. Manager, you already know this. Francisco, you already know this. I'm really upset about this. This is something that I just can't fathom happens. And now we're asking them to plant an additional 20, so 40 trees. You know, at least the HEP Board -- I have to admit, at least the HEP Board, you know, thought -- well, I think it's logically and said it should be in the area where the tree was, you know, destroyed or damaged. It should be in that area, you know. At least that makes sense. So, Mr. Manager, I want to know what plan we're going to come up with or you're going to come up with or how is this not going to happen again. How can one sole person in Parks --? 'Cause, first of all, I see this is a code enforcement issue, you know. How can one person then, you know, negotiate to a certain degree and say, Hey, you know what, we need 20 trees somewhere else, and that's where they should go -- and that's where they should be planted, with no communications whatsoever. Mr. Martinez: I guarantee you that that autonomy will not exist. I mean, I became aware of this with this issue. Commissioner Carollo: I understand. Mr. Garcia: We've been aware of it, sir. We are aware of the fact -- and I'll put it on the record as plainly as I possibly can -- that the entire tree removal and relocation permitting process is confusing and prone to strange results. This is one instance. We have been working it for -- on it for some time in conjunction with the Code Compliance Department and the Parks & Recreation Department and the Public Works Department, as well. And the plan that we have in place will result in a unified procedure for trees both in the public right-of-way and on private property, and we hope to present that to you in the next two months. Commissioner Carollo: And with that said, I need to get that on the record. And I'll yield now to the applicant 'cause I'm not sure what they're going to have to say, but in all fairness, ifI was that business -- well, I don't have to say that they're pretty upset, but anyways, I'll yield to them. Craig McDonald: Good evening, Commissioners. Craig McDonald, with Corporate Property Services, on behalf ofMcDonald's USA (United States of America), LLC (Limited Liability Corporation). I just want to start out by saying, yes; we did file the application for the tree removal permit after FP&L damaged the tree to remove it. It was appealed by Jim McMaster of the Grove Tree -Man Trust fund. Once that happened, there were discussions between McDonald's, Jim McMaster, Code Compliance, and Parks & Recreation. An agreement was come up with to plant 16 pigeon plum trees in Little Haiti soccer park. Mr. McMaster had appealed the decision because there was no mitigation because of an FP&L tree. Once we all City of Miami Page 135 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 got into discussions, it was agreed to that McDonald's would give Mr. McMaster a letter saying they were going to provide mitigation for the tree since he claims the roots were damaged by our contractor installing a sidewalk as well. McDonald's agreed to do so. We gave the letter to Mr. Jose Campo. The appeal was supposed to be withdrawn. The appeal wasn't withdrawn. McDonald's was never notified of the HEP Board hearing. Parks & Recreation, and your landscape architect, was never noted of the hearing, so no one showed up to tell the HEP Board that the trees were selected. They were purchased. They were on site. They were being planted the next morning. And basically, they decided that since there was no mitigation offered upfront -- they were not aware of the plan behind the scenes -- they went ahead and said you have to do 16 live oaks or mahoganies in the district. Well, McDonald's had already paid $6, 528 to a contractor selected by the City through Parks & Recreation, Southern Blossoms, for the trees. Now we're being asked to double that amount when the mitigation should only be 16 trees. We're asking to provide 32 trees, an additional 16 trees within the district, which is -- doubles the mitigation, which is not fair to McDonald's, and therein lies our appeal. We don't mind condition two, replanting a similar tree in that same spot. We have no problem with that. But providing double the mitigation is where we have the problem and why we weren't notified of that hearing to show up to explain that as the issue that we have. And with that, we'd request, you know -- Chair Sarnoff. Commissioner Suarez. Commissioner Suarez: Can I make a suggestion? 1100 percent agree with Commissioner Carollo. I think the very definition of the word mitigation is to lessen a damage, and to lessen the damage of a tree that's being taken from a specific area is to plant trees in that general area. I also want to commend the Manager for admitting that he was wrong. I think what happens too oftentimes is nobody wants to take responsibility. You know, when you blow it, you know, it's important that you have someone that's willing to stand up and say we made a mistake, so I commend you for that, Mr. Manager. Something you may want to consider, not something that you're being forced to do, but as the Commissioner said, we've been able to plant a lot of trees in our districts because we've had great relationships with the private sector that have donated a tremendous amount of trees. He feels wronged simply because, you know, for the obvious reason that these trees did not get planted in his district. I think it would be a huge public relations boom, just a suggestion, on your end -- not to do it because you're being forced to do it as a mitigation, but simply as a gesture of goodwill on your part. I know that you're an entity that has done a tremendous amount of good things in the City ofMiami and have a lot of business in the City ofMiami, and we want people like you in the City ofMiami. We want to try to convert this negative experience into, hopefully, a positive experience. Just a suggestion. I complete support what the Commissioner is saying, andl think, you know, it's unfair to make you -- to force you to do twice the mitigation that you would normally have to do. If you decide in your own -- of your own free will to do more than that, then, you know, I think it would be good for you and, certainly, it would be good the Commissioner. Commissioner Carollo: Mr. Manager. Chair Sarnoff. Let -- Commissioner Carollo: I'm sorry. Chair Sarnoff. -- Commissioner Carollo -- Commissioner Carollo: Yeah, I'm sorry. Let me yield to Commissioner Gort. Chair Sarnoff (UNINTET,TIGIBT,F). Vice Chair Gort: Look, I agree with everything you stated in here, especially the Commissioner City ofMiami Page 136 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 for the district should be consulted and they should be asking the question. Now, ifI may, after we finish with this, if we can have five minutes to address trees? Chair Sarnoff Oh, right after this? Vice Chair Gort: Yes. Chair Sarnoff Sure. Vice Chair Gort: Thank you. Chair Sarnoff Sure. Let me -- before he speaks -- 'cause I want him to finish. It's his issue. Let me just say this to the Administration. I think there's nothing, for me, more joyous than to plant a lot of trees in an area. And I'm an absolute believer, mitigation means you are mitigating the impact of an item that has occurred either at or within spitting distance, -- and spitting distance to me is not five miles. Spitting distance to me is within 500 feet, if possible, of the action taken, same thing with impact fees. They are not taxes, guys. We are not a taxing authority. Impact fees are designed -- Commissioner Suarez: It's mitigation. Chair Sarnoff -- to mitigate an impact for the area in which you've been damaged. Now I absolutely agree with Commissioner Carollo. First, Mr. Manager, I would think, on a monthly basis, that you would send to each Commissioner of a district, you know, as a result of this project, we have this many trees that are available for mitigation in that area. That gives that Commissioner two opportunities; one, did you come up with the right computation? Two, are these the trees that) want? Three, do I like the spots that he's picking? Because to a large degree, he may have a preferential spot that he'd like to look at. And to me, this does not take 60 days. It takes going back to your office, drafting a memo or typing out a memo and coming up with a policy and procedure. That is not difficult to achieve. And it at least gives that Commissioner notification as to what the Administration's intentions are. Now the second thing) just want to broach real quickly is I heard something that I had no idea of and) hope I had no vote on the part of. Does FP&L have an agreement with the City ofMiami when they go out and butcher a tree, they don't have to pay for it? Mr. Garcia: The agreement treats them preferentially as a utility company and says that if in the process of doing utility work they were to damage a tree, they are held harmless from having to compensate the City. That is the agreement that is in place, yes. Chair Sarnoff How old is that agreement and where is that agreement? Mr. Garcia: I don't know that, but I'm happy to produce it for you. Chair Sarnoff Okay. I'd like that at the next -- Vice Chair Gort: A copy of it. Chair Sarnoff -- Commission meeting. Vice Chair Gort: Yeah. Chair Sarnoff Because I hope I played no role whatsoever in approving that. And ifI did, that's something) want to ask the City Attorney then to see how can I unplay that role 'cause I certainly unsuspectingly would have approved that because there is no way the person who could be most responsible for taking down trees has no responsibility to the citizens ofMiami for those City ofMiami Page 137 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 trees. Now I'll give it back to Commissioner Carollo. Commissioner Carollo: Thank you. Two things with that. If -- by the way, Mr. Manager, out of good faith, once we knew there was issues -- and the reason why I say it's issues is because there was a lot of mitigation that McDonald's did. They actually had a group of activists that thought that the McDonald's wasn't the characteristics of Little Havana, and then they also went ahead and did a pretty nice mural by one of our local artists, Xavier Cortada. So it seems like they were getting hit from all over -- andl don't mean hit, you know. I'm just saying there was requests from all over. So I know they did mitigations in all different areas. And you know, I actually reached out to the Manager and to every department head that thought realistically had, you know, participated in this, and just to get everything straight, you know, out of good faith and so forth. Never once was Parks mentioned, never once, Mr. Manager, and we met at least twice, maybe three times, you know. Andl have to admit, it was a friendly atmosphere. We were just, realistically, getting to work, making sure that a business that -- and in general, we talked -- we talked in general terms. When businesses want to improve, they want to enhance in the City ofMiami, how do we make it, you know, somewhat -- Unidentified Speaker: Friendlier. Commissioner Carollo: -- easier process for everything to happen? It seems like there was a lot of snags here and there. There was no talk of you know, parks in this sort of deal. So it surprises me -- and you know, we'll address, you know, with regards to what we have in hand, but I think there's two -- this two prong issue. And one is our Administration, how can that happen, and what are we going to do to fix it? And I'm not going to put you in the spot now for you to give me an answer. However, the answer of don't worry, Commissioner, we're going to get it fixed; this will not happen again. That doesn't fly with me. I want to know exactly what's going to be put in order for this not to happen again, you know. I'll leave it at that. I won't go into more details. But you get the gist. Mr. Martinez: It's a fair request, yes. Commissioner Carollo: Okay. And now the second part, which, by the way, it seems ifFPL damaged the tree, why is even McDonald's paying for it, you know? And there was even question whether the tree is actually in McDonald's property or it's in the City right-of-way. So if it's McDonald's property, you know, you start getting into property rights issues also. And know we have the tree ordinance, you know, but there's -- this is so -- this is just so murky, man. The waters, you know, so murky that -- you know. Mr. Garcia, with regards to the tree, is the tree in McDonald's property or is it in the City right-of-way? Mr. Garcia: It is, sir. It is within McDonald's property. Mr. McDonald: Yes. Commissioner Carollo: 'Cause, you know, when I was told a day ago, I was told in the City right-of-way, andl said, I don't see how that could be. So it's -- you know, and then now we get into what -- Mr. McDonald: It's in our property. Commissioner Carollo: -- I'm saying with regards to, okay, what about property rights, you know? If McDonald's, in their own property, wants to be able to remove a tree, should they be able to or not? It seems to me, from speaking with the Administration, as of yesterday, they thought the tree was in the City right-of-way. So I don't even know if it went to the HEP Board, if it should be the same mitigation or different mitigation. I think have proven in the past that even our own Administration doesn't really know what our tree ordinance policy is. Anyhow, City ofMiami Page 138 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 with that said -- Vice Chair Gort: Make a motion. Commissioner Carollo: You know, honestly, I can't see saying you're going to need to plant another 16 trees. I just can't, you know. And that's my personal opinion, you know. In a way, the 16 trees that you already planted, I mean, it's a good gift to Little Haiti Park. It is a City facility, and obviously, I know you all were working in good faith when you did that. With regards to it's -- you know, Mr. Garcia, educate me a little bit. Is there a difference a tree in a City right-of-way versus a tree in private property if they want to remove it? Mr. Garcia: Yes, sir. If the tree were in the public right-of-way, in essence, the City ofMiami is the owner of that tree, so we go through an internal process, unless, of course, the property owner should, for whatever reason -- it is -- want to get rid of the tree and put it somewhere else, we can always negotiate with them. If the tree, however, is on private property, then, as you mentioned earlier, the City Code regulations apply and there is a permit process they do have to go through. Commissioner Carollo: Is that what they tried to do? Like when Mr. McMaster objected to that, did they go through that process? Was that the process? Mr. Garcia: They did, sir, yes. Commissioner Carollo: So -- andl want to make sure all City residents understand this now. If they have a tree in their private property, in their front yard, and it is -- let's say it's breaking up their sidewalk or their entranceway into their front house and they want to remove that tree, they have to request a permit from the City ofMiami. And ifMr. McMaster passes by and says, you know what, no. I don't think that tree should be removed, even though Mr. McMaster lives in Coconut Grove -- this may be in Liberty City, Overtown, Allapattah, Wynwood -- then you can't cut the tree down, or if you do, you have to plant 20 trees wherever someone from the Parks Department says? Could you elaborate? 'Cause I think this is a good topic andl think there's a lot of City residents, including maybe some Commissioners, even this Commissioner, thatl think don't -- would like clarity on what exactly the ordinance is. Mr. Garcia: Right. So this case is, perhaps, different than most cases are in that this originated as a tree removal permit pure and simple. In most instances, what we have is tree relocation permits or tree replacement permits. However, when it is a tree removal permit, as this started to be, tree removal permits are posted and subject to appeal. That is correct. Commissioner Carollo: So anyone could come and say I'm appealing that tree removal permit, even though it's in private property, in your front yard, correct? Mr. Garcia: If the proposal is to remove the tree and not replace or relocate it, the answer is yes. Commissioner Carollo: Okay. I want to make sure we have an education campaign to let all City residents know that because I think we're going to get -- start getting to the issue of private rights -- private property rights. Now if someone does appeal it, that means that 20 trees versus 1 -- who comes up with that amount? How do you choose that amount? Mr. Garcia: There are ratios and guidelines set forth in the City Code for that. What I will tell you is that we're typically in those instances talking about a mature specimen, and depending on the maturity of the specimen, the caliber of the specimen, the diameter at a certain height of the specimen, the mitigation -- there's a table which we use to derive the mitigation. So it's not a fixed formula. It is a sliding scale, depending on the importance of the trees, so to speak. City ofMiami Page 139 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Commissioner Carollo: Was that formula used with this tree? Mr. Garcia: Yes, sir. Commissioner Carollo: So that's how we came up with the 20? Mr. Garcia: Yes, sir. Commissioner Carollo: It wasn't just pulled out of --? Mr. Garcia: No, sir. Commissioner Carollo: Okay. And this ordinance was passed about two years ago? Mr. Garcia: Approximately, sir, yes. Commissioner Carollo: And that's where all these rules came into effect, correct? Mr. Garcia: An ordinance existed previously. The ordinance was amended significantly approximately two years ago, you're right. Commissioner Carollo: Okay. And that's when all these rules came to be, correct? Mr. Garcia: Some were revised, some stayed; but yes, most were revised. Commissioner Carollo: Okay. I -- and I'm going to have -- the City Attorney have to help me with this because I am going to have to make a motion to overrule the HEP Board decisions to have them plant the additional 16 trees, but I need for you -- I need guidance with this. Maria J. Chiaro (Deputy City Attorney): So your action on the item before you would be to grant the appeal, accepting the proffer of the applicant and grant the permit as it had been approved. Commissioner Suarez: Second. Commissioner Carollo: That is my motion. Commissioner Suarez: Second. Chair Sarnoff We have a motion and we have a second. Commissioner Carollo: However, in all fairness, I see Mr. McMaster. I would like to hear from him also. And again, listen, I've always said, you know, that discussion is good, so I really -- I want to hear from him also because I welcome discussion, you know. Andl think if everyone acts in good faith, we can only make something better. So I have always welcomed discussion, andl would like to hear from Mr. McMaster. Jim McMaster: Thank you. Jim McMaster, 2940 Southwest 30th Court, Miami. I'm president of the Grove Tree -Man Trust. And I'm not really sure the last time I was down here. The Trust tries very hard not to come here. We very rarely appeal a tree removal permit. We try and work with the property owner. If we go to HEP Board, we try and settle before the HEP Board hearing, and we very rarely -- it's been maybe three years, four years. It's been quite a while since we've been here. I'd like to clam a few things. I went by this site -- and if you looked at these pictures here of the tree, the property owner took a backhoe -- their construction folks took a backhoe and within two to three feet of the base of a 20-inch mahogany tree, went around with the backhoe City of Miami Page 140 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 ripping out all the roots, and then they poured the concrete around it. When I went by and saw this, it turns out that the property owner claimed that FP&L did it. And as you're now finding out, FP&L does not have to mitigate if they do something while they're doing FP&L work. The fact is there was some FP&L work on one side of this tree which damaged it a little bit on one side, but it was the property owner, McDonald's, who took a backhoe, went around the entire tree and ripped up all the roots. Originally, the original mitigation was one 12-inch -- one 12-foot, 2-inch DBH silver buttonwood tree. That was the original mitigation. McDonald's was being nice to the City. They did not have to mitigate anything, but they agreed to mitigate with one tree. I, of course, went ahead and appealed this to the Historic Preservation Board because, in the first place, McDonald's should have been cited for damaging the tree. They then should have been required to provide mitigation, which they did agree to do later. There is a March 18 letter in your packet about Mr. Campa andMr. Baker of Parks working and that McDonald's agreed to plant 16 pigeon plum trees, 12 feet in height, with a 5 to 6 spread in Little Haiti soccer park. If you go down to the second paragraph, it then says, Mr. Jim McMaster, of the Grove Tree Man Trust, appealed the City's mitigation agreement with McDonald's. That is not true. I appealed the original permit, which did not have a citation in it, which did not have all the mitigation in it they've now agreed to. When I heard much later that they were agreeing to the mitigation, I was pleased with it. So I think that the issue here is that, you know, I was okay that they weren't being cited, but they were going to take down a 20-inch mahogany tree and replace it with one 12-inch -- one 2-inch DBH, 12-foot tree. That was totally unacceptable. So I think it's up to the board to make a decision, butt do think that McDonald's apparently did not know about this hearing. I got calls from shopkeepers around the site because they saw the sign posted outside the McDonald's about the tree removal, so I was contacted by two or three neighbors about it, so the neighborhood did know about it. Thank you. Commissioner Carollo: So I'm going to start from the end and then work myself to the beginning. You are okay with the 16 trees that they've already planted in Little Haiti Park and, I guess, you weren't really appealing to the HEP Board now that they agreed to plant the trees and I guess they're planted already, correct? Mr. McMaster: Well, the problem was they came up with that idea about a week before the hearing and we -- you could not -- I could not then withdraw my appeal. It had been publicly noticed; it was noticed in the paper. McDonald's apparently did not understand that they had to go to the Heritage [sic] Preservation Board hearing. And at the hearing, I would say, Yes, I'm fine with this proposed mitigation. Overrule my appeal and agree to mitigating the tree. So they did not show up, which was the problem. Commissioner Carollo: Okay. So, in essence, my motion -- you agree with my motion then? Mr. McMaster: I am fine with the mitigation trees. Yes, sir. Commissioner Carollo: Right. Okay, so with regards to the issue with McDonald's, I think we'll be able to settle that. With regards to the Administration and how this happens, we're going to have to deal with that, andMr. Manager, you know that. We've already said that. With that said, does anybody else want to say anything and --? No? Vice Chair Gort: We'll talk about trees afterwards. Commissioner Carollo: Sure. I'm ready to vote then. Chair Sarnoff. All right. All in favor, please say "aye.' Nicole N. Ewan (Assistant City Clerk): Chair, it's a public hearing. Chair Sarnoff. Oh, sorry. Anyone else in the public wishing to be heard on PZ.19, PZ.19, City of Miami Page 141 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 please step up. Hearing none, seeing none, coming back to the Commission. Any further discussion? Hearing no further discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Mr. McMaster: Thank you, Commissioners. Thank you, Commissioner Carollo. Chair Sarnoff. You want to talk? Go ahead. Vice Chair Gort: Yeah, the -- I wasn't going to bring this up. I was going to try to bring them up some other time, but the trees is something that we -- I've been trying to get more trees within my neighborhoods, within District 1. We had some trees planted. And going through the neighborhood, I noticed that we have about 19 trees that are dead. I asked the question because I want to know if it was some kind of a sickness or if somebody was trying to kill the trees. And the response that I received was an e-mail (electronic) that that type of tree would only last five to six years. Now my question is, why should we plant a tree five -- that's going to -- lifespan is five to six years? Number one. So I have 19 dead trees that maybe we can save it for Halloween and we can decorate it, but they look like hell, let me tell you. And there's nothing worse than going to one block and seeing all those dead trees in there. And I've been requesting, I've been sending e-mail. I received different requests. At the same time, I sent a list of people that are willing to have trees planted in front of their house on llth Street. Nothing has taken place yet. So I know Public Works answers, Parks answers, but we need to coordinate this. Now I understand that today an announcement was made that 100 trees are going to be planted in some other district, which is fine. The more trees we get, the better it is. But somehow, this has got to be coordinated to one department or -- 'cause I think you have several departments involved in the tree planting and the tree maintenance. I mean, we even have one tree that was dead that somebody knocked down because it was dead. They brought them back up again. That's my problem with trees. Chair Sarnoff. You know, Mr. Manager, to show you how long I've been here, Stephanie Grindell did an e-mail -- I'm the only person in the City ofMiami that seemed to have retained this e-mail because when I hear anyone else from Public Works, they say, I don't have it. I don't know anything about it. She once wrote an e-mail that said 70 percent of all of the mitigate -- of all of the trees in the Public Works die within seven years. And part of that, as we have learned through the process of me being here this length of time, was the wrong selection of the wrong tree in the wrong spot, that one year is not an adequate time when you contract with somebody to put in a tree for that tree to take root, for that one-year water period. Because as much as we like to think this is rainy in Miami -- and certainly, in the past two weeks it has been -- we also have had a historic drought for ten years, where we have had less water in that ten-year period than any time in the City ofMiami. And then number three is that sometimes it's necessary to ask the person whose tree -- whose swale tree is in front of their property to ask them to water it. I mean, I share a neighborhood with Commissioner Suarez. We put in some of the greatest trees I've ever seen on 32nd, but it was a renter's neighborhood and they said I'm not spending the money watering those trees. And I'd say we lost half the trees. And what -- my lesson learned from that is until you get a person to agree to help water one of our trees, it doesn't make sense. The second thing you should take from this, Mr. Manager, is a one-year warranty for a tree is not adequate. You need a two-year warranty for a tree. Does that make that tree more expensive? Yes, it does. But I would rather plant a tree and have a 20 percent chance of that tree not living than a 70 percent chance of that tree not living. And anybody wants to see Grindell's e-mail that you all claim you don't have, I'd be more than glad to share it with you. Just to show you how long I've been here and Stephanie Grindell was the what, two ago Public Works director? No, I don't think any of you guys knew who she is. Commissioner Suarez: I wasn't born. City ofMiami Page 142 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 D1.1 13-00441 Chair Sarnoff Yeah, you weren't born. There you go. Vice Chair Gort: Well, I got an e-mail -- Chair Sarnoff All right. So -- yeah, we had e-mail back then, just barely. Just rethink your position on it, you know. The City ofMiami needs to think about planting a better tree, taking care of that tree, making that warranty a longer period, and making sure that the person whose property that that tree is planted in front of will take some degree of care of it. Otherwise, don't plant the tree there; they obviously don't want it. 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 DISCUSSION ITEM WHAT IS THE PROCESS TO ENSURE THAT THE BID CONDITIONS IN A PURCHASE ORDER IS ENFORCED BY THE IMPLEMENTING DEPARTM ENTS? 13-00441 Email - Process to Ensure Bid Conditions.pdf DISCUSSED Chair Sarnoff All right. I think we're on discussion items. Commissioner Gort, you are recognized for D1.1. Commissioner Gort: Okay, let me see ifI remember what it was. Chair Sarnoff It's like bid conditions to purchase -- Commissioner Gort: I think this is something) discussed before, which is the -- and) keep bringing this up. I read the RFP (Request for Proposals) that had 47 pages. Out of the 47 pages, 40 pages were with restrictions or requirement that the individual winning the bid would have to comply with. My understanding is a lot of times -- I talk to the Procurement Department. They told me that the department that had the RFP going out should be responsible to make sure that all the agreements that was agreed by the RFP process are implemented, and) think a lot of them are not so -- Chair Sarnoff You're recognized. Kenneth Robertson: Good afternoon. Kenneth Robertson, the Purchasing director. In support of this discussion item, I have been thinking of additional ways that departments can ensure contract compliance. And really, at the end of the day, when we pay invoices, that is the City ofMiami Page 143 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 D1.2 13-00508 department's way to continually verify and certify compliance with a contract. When a department approves an invoice for payment, that's their opportunity to certify that what they are paying for, it was indeed provided or delivered to the department in accordance with the contract requirements. That approval should not be taken lightly. So I would recommend from that point of view we can implement some type of process citywide that financial approval of an invoice is certification of compliance. Commissioner Gort: Well, that's something the Manager need to discuss with his department directors. And each department director should have someone in charge to make sure the compliance takes place. Mr. Robertson: On the back end of that, if there are performance issues, the department documents that by completing a vendor performance form, and we use that document to correct any issues on contracts that may come up here and there. When we process renewal options on contracts, we survey the departments to make sure that they're happy with vendor performance, and they actually are required to complete a performance evaluation. And only if it's satisfactory or above would we then recommend renewal of the contract. So if there are any deficiencies, the departments work with Purchasing to correct those, whether by sending a notice of default or other notification just to make sure that the deficiencies are corrected. Vice Chair Gort: One thing for the discussion we've had today in the different procurement programs that we agreed today, that that needs to be done. Andl understand it's not your responsibility, but the responsibility of the director of the department. Mr. Robertson: Correct. On the financial side of a contract, Purchasing doesn't get involved. But I certainly would recommend -- I'll sit with the Manager's office to implement some type of citywide procedure. Vice Chair Gort: And once again, any recommendation come up with, I will appreciate it; we all will. Mr. Robertson: Absolutely. DISCUSSION ITEM DISCUSSION OF USING PART OF THE $50,000 ALLOCATED FROM SPECIAL REVENUE FOR RECYCLING FOR THE PURCHASE OF CAMERAS TO BE USED AT DUMPING HOT SPOTS THROUGHOUT THE CITY TO IDENTIFY OFFENDERS. 13-00508 Allocated From Special Revenue - Purchase of Cameras.pdf DISCUSSED Chair Sarnoff. All right, DI 1 -- D1. 2, I apologize. Vice Chair Gort: Well, we're going back to the same problem we have, the -- what do you call them, the people throwing waste -- what do you call them? Commissioner Suarez: Illegal dumping. Vice Chair Gort: Illegal dumping that is taking place. I have got the department to post sign in one particular place. Not only they continue to put -- dumping illegal in there, but they took the sign away. And we have $150, 000 for the recycling plan to educate the people. One of the things I'd like to do, if possible, is -- we all know, more or less, in each one of our district where City of Miami Page 144 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 the illegal dumping is taking place. And the problem the people continue to do because we have a system that works very good. They pick up the trash and they're very good at it, so it's a lot easier to dump all the stuff in the City ofMiami because they know it's going to get picked up. If we can place camera in these locations that we know where they are, the NET (Neighborhood Enhancement Team) office know where they are. You got all my e-mails (electronic) and I'm sure you get e-mails from every one of us telling you where the illegal dumping is taking place, and I'd like to see at least maybe -- with today's systems, you can establish that and maybe start fining people that do that and they'll quit doing it. Chair Sarnoff You're recognized. Luis Cabrera: Thank you. Commissioner, Luis Cabrera, assistant City Manager/deputy chief. I spoke with the director of the department, along with the Police Chief earlier today. We're identfing funding and the systems to provide pole cams and assist the environmental crimes unit with the task of identifying who's illegally dumping within our city. So, as you currently know, we have a task force out there that is a combination of the Police and the Solid Waste employees, so we're looking at investing in those cameras with the funding that the recycling money has brought in. Vice Chair Gort: You know, most of those dumping takes place early hours in the morning, so the cameras will be very important. Mr. Cabrera: You're absolutely correct. Andl think it's a great thing that we're sending out a message right now to those who are, you know, thinking of doing this. We're going to be out there. We're going to be watching, and these cameras will be in place as soon as we go ahead and purchase them. Chair Sarnoff So have we decided to use some of that money for these cameras? Johnny Martinez (City Manager): Well, can I --? I wanted -- that's a good point. I think it was $150, 000 required by the contractor to have for education and stuff like that. The direction of this Commission was to establish some workforces that would go through the neighborhoods and clean up, so we have to balance the cost of that plus the cost of the camera 'cause it's -- the $150, 000 is a finite number. It's not going to grow. That's a one-time shot from the vendor or the contractor. Mr. Cabrera: Correct. We're looking at -- there's going to be a cost associated to the team that they're putting together, the green team that was discussed here; and the additional monies, we're looking at the different things that we 're going to provide in order to, you know, eradicate this problem. Chair Sarnoff Were we doing this on a district -wide basis? In other words, each district -- Mr. Martinez: Yes. Chair Sarnoff -- Commissioner -- Mr. Martinez: No. This was going to be -- the green team was going to be a district -wide basis where -- Chair Sarnoff No, no, no. Was there any discretion from each Commissioner district as to how to spend the money? I remember you, Keith, coming up to me and saying, This is how this Commissioner is going to spend her money. Keith Carswell: Keith Carswell, director for Solid Waste. There was $150, 000. What -- when City ofMiami Page 145 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 we came before Commission, we talked about 50,000 going to communications, and we also talked about a portion of it going for a green team effort, which will be citywide -- a citywide program. Also, we talked about development of a marketing program. And in the minutes, I believe you said that we would come back to the Commission with a comprehensive plan for marketing to basically increase our recycling tonnage. So the green team is a citywide program. The marketing effort is a citywide effort. We haven't put together the plan yet. We're actually meeting with Communications and NET tomorrow, I think. Chair Sarnofff. So we have an opportunity to give you a little more input into that plan? Mr. Carswell: Yes. Vice Chair Gort: We should. Chair Sarnofff. I got to tell you, from District 2 perspective -- andl don't thinkl have the dumping problem I used to have, candidly. I used to have a dumping problem on Main Highway, believe it or not, right next to what was colloquially called the Burdine's estate, which is where Main Highway would end and that wall was right there. When I was Commissioner here for three years, it was a horrible dumping problem. I sort of agree with Commissioner Gort. I like this idea of coming up with cameras and coming up with an enforcement mechanism. Vice Chair Gort: Yeah. Chair Sarnofff. You know, I just do. I mean, education is nice, but if you're not recycling by seven or eight years old, you're probably not going to recycle. Vice Chair Gort: The green team is fine, it's great, but dumping will continue if they don't get fined and they get away with it. Unidentified Speaker: Right. Vice Chair Gort: And that's the major problem we have in the City ofMiami. You got dumping all over. Mr. Carswell: Dumping -- illegal dumping is a -- Vice Chair Gort: Illegal dumping, yeah. Mr. Carswell: -- citywide problem. Vice Chair Gort: And you should know because I think we all send you an e-mail -- Mr. Carswell: Yes. Vice Chair Gort: -- where -- and you guys do a terrific job, and l think that's part of the problem. Mr. Carswell: Right. Vice Chair Gort: You do too good of a job. Mr. Carswell: Right. Vice Chair Gort: But you know where the sites are. City ofMiami Page 146 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Mr. Carswell: Yes, we do. And unfortunately, we've been in a position of just being reactive, as opposed to being proactive. With the pole cameras, we'll be able to target hot spot locations and take appropriate action in working with the environmental crimes unit, so that's one component and one particular opportunity as well. What we also talked about in terms of the green team, they could help with dealing with some of the illegal dumping, removal of illegal trash, and it's a citywide program, a citywide effort. Also, what we've talked -- what we -- what I've talked to IT (Information Technology) about is that one -- just a simple thing in terms of individuals that want to receive notices via text messages or e-mail for their garbage collection or recycling collection, just having something like that on our Website to provide information to individuals. Also, with Communications, oftentimes, as you know, print media doesn't work in every community. Commissioner Spence -Jones: Yeah. Mr. Carswell: So we may need to do some radio spots and work with Communications to be able to reach those areas, like Little Haiti, like Wynwood, where people listen -- Little Havana, where people get a lot of their -- Commissioner Spence -Jones: Listen to the radio. Mr. Carswell: -- information through the -- through radio, as opposed to print media. So those are some of the things that we've talked about. The cameras are part of that discussion as well. Vice Chair Gort: Question. Mr. Carswell: Yes. Vice Chair Gort: Since you began the new recycling, how much has improved? Mr. Carswell: I looked at -- the numbers for last week, we were at about, I think, 5,000 tons -- 5,900 tons. Vice Chair Gort: 'Cause traveling through my district, I've seen people are complying with it. People are putting the blue thing out there. Mr. Carswell: We are doing quite well with the recycling effort. Historically, we probably average about 2,900 tons a year. We surpassed -- we've doubled it at halfway in the year. Also, we have the added benefit of going from $11 a ton to $41 a ton -- Vice Chair Gort: Right, yeah. Mr. Carswell: -- for the material. I mean, the first check was $39, 000 from Waste Management, and then 36, and so on. So that has been going quite well. But you're right, Commissioner; we've been very good at being reactive, but I think some of the tools that we talked about -- Vice Chair Gort: You got to be proactive. Mr. Carswell: -- will put us in a position of being a little proactive. Vice Chair Gort: Thank you. Commissioner Spence -Jones: Mr. -- Commissioner Gort, I just do want to add really fast, I know that we mentioned the issue of the green team, but I do want to mention that I think the idea of the cameras are a good idea because from the enforcement side of it, we can catch people from doing the dumping. I know that when Keith andl had this discussion, we talked about cameras that we already had that were not actually being used in the police department that can be used City of Miami Page 147 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 for that instance. But I wanted to just make sure we're all on the same page about the green team. The green team's focus is not just on the illegal dumping part of it. That is definitely going to be a part of it, is to separate the trash from, you know, the recyclable items. But it goes beyond that. It's the -- these -- the trees that need to be replanted when they go to pick up the trash and all those holes we have, and how, you know, in many of our neighborhoods the solid -- not solid -- yeah, Solid Waste is doing a great job picking up the stuff but we don't have enough manpower to replenish the holes that are put in with the new trees. So that was one part of it. And then I don't know if you guys are having a serious graffiti problem, but we are having one in District 5. So even though we utilize NET to assist us with that, it's really not enough. I'm going to be honest with you. You could have just one whole team just focusing on graffiti. So they do more than just the illegal dumping part. They do graffiti. They do tree plantings. They do -- Mr. Carswell: Recycle collections. Commissioner Spence -Jones: -- recycle collections. So I -- and one of the things that we have been talking about -- 'cause we want to make sure we put together a solid program that can be duplicated. I believe Indianapolis has one now. It's called Recycle Team or something. Mr. Carswell: Right. Commissioner Spence -Jones: And it is a program for ex -offenders. Andl believe the Department of Labor gave them $1.5 million to do this project to give people a second chance, but at the same time, you know, focus on recycling issues. I just wanted to be clear from our perspective that it goes beyond illegal dumping. This team will rotate throughout all of our districts, and we're partnering actually with Transitions, which is an organization that focuses on ex -offenders that are trying to get their lives back on the right track. And Keith has done a wonderful job with pulling that together. FIU (Florida International University) has put the training curriculum together. And we want to make sure that before we start anything, it's done properly. But these team members will actually transition from outside of our program to either one of these other Waste Management -- Mr. Carswell: We met with Waste Management last week -- Commissioner Spence -Jones: Um -hum, this week. Mr. Carswell: -- and -- this week -- we hope -- we'll be meeting with the other commercial haulers. But I think one of the things I just want to be clear about also, this is just a portion of the funding that we receive. The program that the Commissioner's talking about is a citywide effort. And then the marketing component, what we will do as well, in terms of the PSAs (Public Service Announcements), in terms of any ideas that you may have in terms of increasing the tonnages, we will come to your offices and get input from you as it relates to that. One of the things that -- the pole cameras is a great example that came from your office, Commissioner Gort, and that's something that will be included as part of our overall effort as well. Commissioner Spence -Jones: All right. Vice Chair Gort: Thank you. END OF DISTRICT 1 DISTRICT 2 CHAIR MARC DAVID SARNOFF D2.1 DISCUSSION ITEM City of Miami Page 148 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 13-00499 DISCUSSION ON TRASH HOLES. 13-00499 Email - Trash Holes.pdf DISCUSSED Chair Sarnoff. D2.1, discussion on trash holes. I'd ask -- I'd just ask the -- Did we agree to not hear this? I don't remember. I don't want to do anything agreed not to do with you. Unidentified Speaker: We agreed. Chair Sarnoff. Okay. So would you make sure that you advise Commissioner Spence -Jones so she feels like she's advised as to the plan you're going through? 'Cause I agree, we don't need to have it heard. Commissioner Spence -Jones: But just so I know, in a nutshell, what is it? Is it --? Chair Sarnoff. Essentially, they're coming up with a more permanent solution to trash holes. They're going to start putting a more -- Vice Chair Gort: Concrete slab? Chair Sarnoff. Yeah, a concrete slab or a different kind of substance. Commissioner, we went from gravitational pull claws probably five years ago -- Commissioner Spence -Jones: Yeah. Chair Sarnoff. -- to hydraulic claws. So when Commissioner Carollo said, you know, I just did this street and I'm already seeing damage, there's no reason for damage if you have a careful operator and he takes his time. Commissioner Spence -Jones: Yeah. Chair Sarnoff. He has a toggle switch that no longer requires a banging. He could actually get it an inch away from the ground. The problem is that Public Works is in charge of fixing the problem, but it is Sanitation that is causing the problem, and therein lies two different directors. And you know, Keith has got to enforce with his guys, it's more important to take your time. It's more important to do it right than it is to get it done early. And then Zerry gets to say, well, thank goodness 'cause I just spent `X" dollars putting this permanent pad in, and you will, inevitably, damage a permanent pad if you keep clanging and banging when you may have had an operator that thought to himself for years, well, that's a gravitational system. I just got to hear that clang and pull up. You don't need to do that anymore. Now you have hydraulic claws. Commissioner Spence -Jones: So he's going to -- I guess you're going to explain to us next week what the -- I mean, before the next Commission meeting -- okay. That's fine. Chair Sarnoff. He'll give you dates, times -- Commissioner Spence -Jones: Okay. Chair Sarnoff. -- and how they're going to do it. Commissioner Spence -Jones: Okay. Vice Chair Gort: And probably a suggestion is the holes, we all know where they're at, if they City of Miami Page 149 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 could be concrete based and the whole block can drop it in there. Commissioner Spence -Jones: But I just want to be clear because in some instances you can do that because it's close to the street, but then there are some instances where it's not close to the street or they have -- you understand? Chair Sarnoff Yeah, yeah. Commissioner Spence -Jones: 'Cause I know like on my block, there's an illegal dumping site, and literally, the way that you're describing -- if what I'm understanding is some sort of concrete or some other -- some sort of other kind of substance -- Vice Chair Gort: Surface. Commissioner Spence -Jones: -- that would be used, it wouldn't work there. So -- and maybe I just need to get the photos of these key places for you to understand what I mean, and that's the reason why Keith andl were working on either having the option of either a tree going there in some instances 'cause some -- a tree could go there and that person would stop dumping, but I'm sure there are other places where you're talking about where the (UNINTELLIGIBLE) -- where they are picking up and where they are dumping that could probably work better for that as well. So I just want to have an understanding because I don't want us to think or feel in any way that one -- there's one solution to all of the -- Vice Chair Gort: No. Commissioner Spence -Jones: -- issues. Chair Sarnoff Agreed. Andl -- the only reason I'm not talking about it at length is they have come to me twice. They've given me the plan, and they've proven to me that they're implementing the plan so. Commissioner Spence -Jones: Okay. D2.2 DISCUSSION ITEM 13-00400 STATUS OF HIRING POLICE OFFICERS. 13-00400 Status - Hiring Police Officers.pdf DISCUSSED Chair Sarnoff All right, D2.1 [sic] is status of my favorite subject, hiring police officers. Andl thought I'd start the conversation off with a very interesting discussion -- Commissioner Spence -Jones: Are you going to discuss the trash holes at all? Are these the same trash holes thatl was just speaking about? Do you have --? Is it a big issue in yours too? Chair Sarnoff Yes. Commissioner Spence -Jones: Oh, okay. Chair Sarnoff And they have a plan, to be honest with you. But let me go do police -- City of Miami Page 150 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Commissioner Spence -Jones: Okay. Chair Sarnofff. -- and then I'll let them put their plan on the record. I've been working on the trash holes for six months, but I think they do have a plan that might work. Commissioner Spence -Jones: Okay. Chair Sarnofff. So with regard to status of hiring of police officers, chief my question, of course, is how are we doing? But I thought I'd give you my week as to how my week went with police. So a couple of days ago or nights ago, we had a person who was apparently drunk drive directly over the traffic circle, directly into some bollards and directly into a tree. I immediately called my commander; couldn't get him on the phone. Called you; couldn't get you on the phone. Called David Sanchez; couldn't get him on the phone. Called Javier Ortiz; got him on the phone immediately. Javier Ortiz got me a lieutenant; said you should also call 911, I did. Called 911, and then called my commander at downtown, Laz Ferro, who did get right on the phone with me. After about 20 to 25 minutes, a police officer did come from the north district, which meant the south district had no police officers available at that time -- or I presume it means that. This person, in the interim, did something pretty smart. He stumbled away, leaving his car directly in the middle of the street, brand-new Cadillac, by the way, and went, I assume -- well, we know he went to the hospital inevitably 'cause he hit pretty hard. This guy was going every bit of 35 miles per hour directly into a tree. But he did something pretty smart because he obviously called his lawyer right away and his lawyer said, Go to the hospital and refuse to talk to the police. So now we have a person who is -- don't know this to be true -- but allegedly drunk, who will never get a DUI (Driving Under the Influence) or refusal to take a breathalyzer because he was stumbling around for about 20 minutes. We didn't have a police officer available in the south district. So my question to you is, How are we doing on hiring of police officers, those 50 that this Commission thought was a good idea? Chief Manuel Orosa (Police): Well, the 50 that we thought it was a good idea, as you know, we got approval from DOJ (Department ofJustice). We are -- we have an applicant pool of 400 applicants. What I have instructed my people to do is to separate the certifieds out of that pool and handle those certifieds as well as the recruits, but to basically start dealing with the certifieds so we can get to that 50 number. Andl also said that if we don't reach the 50, to go ahead and start the application process for another group of certified while we finish off this list, not to wait to finish the list. So I am -- I don't like to use the word priority, but I am giving the benefit of the doubt to the certifieds that are on the list in order to meet the 50 that you requested, so we're moving ahead with that. We had been able to hire, the last year or so, 79 officers, but we still have vacancies because we had about 70 that had left. So we're treading on water. Regarding the incident, it happened at around 10 o'clock at night, and the officers took 18 minutes. You're absolutely right. We had nobody available at the south district. We had certain people that were tied up in calls, and we pulled -- as soon as Javi got involved, we pulled one from the north district to go as expeditiously as possible to the location. And yes, the hit and run unit is investigating that particular instance, and I'd rather leave the facts a little bit vague so that nobody listening to us can cover their tracks more than what they've done before. Chair Sarnoff Well -- so -- andl guess my question to you would be, as of the last Commission meeting, we knew that you had the authority to -- and if somebody says I've got this wrong, help me. The last Commission meeting, we knew we had the authority to hire the 50 from DOJ; Commission meeting before that, you were going to get that authority. Is that about --? Are you remembering? Commissioner Spence -Jones: Yes. Chief Orosa: Yes. Two Commissions ago, you asked; and last Commission, we got the authority. City of Miami Page 151 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Chair Sarnofff. Okay. Now, I'm going to ask you now for anniversary dates, just things -- 'cause I think they're all tired of me up here. I think if they could vote me off the dais, they would. I think ifI was going to be on that island they'd vote me off the island. But they can't vote me off the island, soI want to be as expeditious in this discussion as possible. When should llook for an anniversary date when you could say, Commissioner, we have reached out and we have offered 49, 40, 37police officers, certifieds, a job? When would that time happen? Chief Orosa: Well, I don't like to assume, but I think that somewhere towards -- sometimes toward the end ofMay, beginning ofPune. Chair Sarnofff. So I could give this guys a respite for the next Commission meeting and -- Chief Orosa: You can give them a respite for the next year, if you want, you know. We're going to be hiring as fast we can. That's why we've gone from 4 to 20 background investigators. I've also -- like I said, I spoke to the people in charge of that, andl want to extrapolate a way from all these applicants the certified people to deal with that so that we can get to your 50 number. Chair Sarnofff. Well -- andl think this is all fun in some respects, andl think it's a great exercise getting prepared for that great marathon that we 're about to have, and that marathon is replacing 300 police officers in the next two years. That is going to be a marathon because so far we're having difficulty hiring 50 police officers, let alone 300. I think that number's -- I'm close to being correct -- it's 250 on one date and 50 on another. Andl want to get your legs exercised. I want everybody to learn what they need to do because that is going to be a sprint to the end. When you lose 300 police officers, even you would concede to me we will be in a crisis if we're hiring at the rate we're going right now. Chief Orosa: But we're beginning to speed up the process, so that -- I will not conceive [sic] anything, but I am looking forward to, in the near future, being able to hire as fast as possible, putting in the academies as fast as possible, and doing the certifieds as fast as possible . Again, we're at the beginning stages where the 20 background investigators that are now there are beginning to feel comfortable cranking out these cases. We grew from 4 to 20 probably within the last three or four months. And you know, it takes a little bit of training for them to get on board and feel comfortable with what they're doing, and now they're moving at a fast pace. I expect that the process for the 400 that are still available on the list will probably take within the next two to three months, not more. Before, we used to take about a year to process 400. So that's the numbers that I foresee in the future that we will be moving at a lot faster rate. Chair Sarnofff. So -- andl will yield the floor right after this question -- you are comfortable that you and the Administration have done everything within your power to move this process as quickly as possible? Chief Orosa: Yes. Chair Sarnofff. Okay. Thank you. Commissioner Suarez: Mr. Chair. Can I tell you a little bit about my week? Chair Sarnofff. Go ahead. Commissioner Suarez: My week, I went to a crime watch meeting on Thursday -- I'm sorry, today's Thursday -- yesterday, and it was a home invasion robbery in Flagami, which is very rare. And the person was shot in the face -- a woman was shot in the face, and thankfully, we've apprehended, I believe, one of the two subjects, andl know we're close on the second, if I'm not mistaken. City of Miami Page 152 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Chief Orosa: Yes, and really don't want to -- Commissioner Suarez: Sorry. Chief Orosa: There's -- Commissioner Suarez: Without getting into any more specifics than that -- Chief Orosa: -- the Herald here, who's going to start putting public records -- Commissioner Suarez: Sure. Chief Orosa: -- requests, so I really don't want to advise the second culprit that -- Vice Chair Gort: It's a criminal investigation. Commissioner Suarez: Sure. Vice Chair Gort: You don't have to give -- Commissioner Suarez: Right. Okay. But the fact of the matter is, crime is becoming a more and more dramatic problem. Violent crime is not only happening in some areas, it's happening in all areas of our district, and that was my week. This person was shot in the face with a .32 caliber gun, and it was a home invasion robbery. It's not something that you see typically. Just a couple months before that, we had a murder -suicide in my district. So, you know, things are obviously escalating, so I think this issue is something that is a very important and critical issue for the residents of the City ofMiami. Chair Sarnoff So you won't be voting me off the island? Commissioner Suarez: I will not. I will be voting you on the island. Chair Sarnoff Commissioner Gort. Vice Chair Gort: The number you've given us today, I learned a little something. My understanding is for the whole year, we're able to get 79 officers, right? Chief Orosa: Yes. Vice Chair Gort: But we had seven that did DROP (Deferred Retirement Option Plan), so the total's only nine. And the reason I'm asking this question is because maybe instead of 100, you might need to start working on getting 2 or 300 because how many are going to be dropping next year? This is something that I've been discussing with the Manager for the last two years. And next year, we're going to have over 1,400 -- over 400 people leaving the City ofMiami. I mean, we've been discussing this for a while now. Chief Orosa: The -- you mentioned the number 100. We're processing 400. Vice Chair Gort: No, I understand. But you were able to hire 79 -- Chief Orosa: Correct. Vice Chair Gort: -- for this year. City ofMiami Page 153 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 D3.1 13-00167 Chief Orosa: Correct. Vice Chair Gort: But at the same time, you had 70 that left. Chief Orosa: Correct. Vice Chair Gort: So it means only 9. Chief Orosa: Yes. Commissioner Suarez: Net. Vice Chair Gort: Okay. Chief Orosa: But we do not anticipate more people leaving until next year. So hopefully we'll be over the curve next year. Vice Chair Gort: So if you're thinking of recruiting, you have to recruit also for the ones leaving. Chief Orosa: Yes. Vice Chair Gort: Okay. Chief Orosa: So that -- and that's one of the reasons why I beefed up backgrounds from 4 to 20 because I know that for the next three, four years, we're going to be hiring a lot of people, so we want to have that machinery in place and oiled moving forward as fast as possible. Chair Sarnofff. Okay, anyone else on D2.2 -- which I think, chief I'm just going to ask you as a follow up at the next Commission meeting how we're doing since they're not voting me off the island. Thank you, chief by the way. Chief Orosa: You're welcome. END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO DISCUSSION ITEM UPDATE REGARDING COMPLIANCE WITH THE FINANCIAL INTEGRITY PRINCIPLES ORDINANCE. 13-00167 Update - Financial Integrity Principles Ordinance 03/28/13.pdf DISCUSSED Chair Sarnofff. All right, District 3. We have update regarding compliance with financial integrity principles ordinance. Commissioner Carollo: Thank you, Mr. Chairman. Listen, I'm just going to speak about one financial oversight issue -- I'm sorry, financial integrity ordinance principle. There's many. I've actually, in the past, gone over most of them, especially the ones that we are not abiding by. However, financial integrity principle number 10 is financial oversight and reporting, which is City of Miami Page 154 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 issuing the CAFR (Comprehensive Annual Financial Report) on time. It was my understanding that we asked the County and they provided additional auditors to come and help us so we could issue the CAFR on time. I'm really concerned because if we had all the additional help and the CAFR has still not been issued, what would happen if we didn't get the additional help? So, point blank, Mr. Manager, where are we with the CAFR? Johnny Martinez (City Manager): Commissioner, as we speak, our CFO (Chief Financial Officer), Janice -- Oh, here she is, okay. Janice Larned: I just returned from the MRC (Miami Riverside Center). Janice Larned, assistant city manager, chief financial officer. We did complete the CAFR. What is at issue is that it has not passed the test of the auditors. And we have continued to have to supply additional information as they continue peeling back the various layers of the component parts of the CAFR. In particular, we've had considerable effort and energy put into our construction in progress accounts, and we continue to work on that. That is our major effort at this point in trying to satisfy the auditors and their testing requirements under auditing standards. Commissioner Carollo: Ms. Larned, do we have issued financial statements? Ms. Larned: No -- not -- we do not have audited financial statements. Commissioner Carollo: Okay. So realistically, just saying, yeah, we've issued the CAFR, we really do not have an audited -- an issued audited financial statement -- an audited CAFR, correct? Ms. Larned: Correct. Commissioner Carollo: Okay. So I want to be clear. I don't want to start -- you know, 'cause a lot of people that are -- may not be accountants or CPAs (Certified Public Accountants) or in the financial -- with a financial background may misinterpret that. I want to make sure -- yes, you, I guess, issued financial statements, but now the auditors test those financial statements, and then the financial statements are issued as audited financial statements. In other words, what I hope is that, in their opinion, it is free of material misstatements. Ms. Larned: That is correct. And that is why we continue to test because we cannot get to that point at this point. We do have material misstatements. Commissioner Carollo: It is my understanding that it is with regards to testing on the capital projects? Ms. Larned: Yes, sir. The focus has been both on construction in progress and expenses that have been undertaken within those projects. Commissioner Carollo: I always (UNINTET,TIGIBT,F) capital projects, andl kept harping on that, even to the point, Mr. Manager, I've been saying about, you know, the finances of the capital projects. Is it possible to have Ernst & Young, a representative from Ernst & Young, address this Commission in the next Commission meeting? Ms. Larned: Absolutely, if it pleases the Commission. I've been in contact with him at least every other day. In fact, I just returned from the MRC because we were making a phone call to let them know that we were not yet ready for -- to turn over this last tested item that they had requested this week. Essentially, yes, they have made themselves available. They will make themselves available to the Commission. Commissioner Carollo: Thank you. If they could address this Commission in the next City of Miami Page 155 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Commission meeting -- Ms. Larned: I will make arrangements. Commissioner Carollo: By the way -- andl know I've mentioned it with regards to capital improvement projects and issues in the finances -- this Commission actually, in February of 2011, approved $30, 000 for additional test work in the capital improvement projects. Does the Administration know that? Have they followed that? Mr. Martinez: Commissioner, I'm drawing a blank right now. What was the 30,000? Commissioner Carollo: There was -- this Commission approved $30, 000 for additional test work on the capital improvement project funds. Has anything ever happened with that? Mr. Martinez: I'm drawing -- Commissioner Carollo: And you know, I hate to say our finance team do -- have they done anything, but I know that -- Commissioner Suarez: There is no finance team. Commissioner Carollo: -- everyone is new or not there so. February 10, 2011, this Commission approved $30, 000 for additional test work on capital improvement projects, and it seems like this Administration has done nothing. So I'll leave it at that. If the auditors could please address this Commission in the next Commission meeting. Ms. Larned: Yes, sir. Commissioner Carollo: Thank you. Vice Chair Gort: Thank you. END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ D4.1 DISCUSSION ITEM 13-00430 DISCUSSION REGARDING CREATION OF A FIXED BUILDING PERMIT FEE FOR RESIDENTIAL PROJECTS UNDER $2,500. 13-00430 Creation of a Fixed Building Permit Fee.pdf DEFERRED Note for the Record: Item D4.1 was deferred to May 9, 2013 Commission Meeting. Commissioner Suarez: I think all that's left is the redistricting, if I'm not mistaken. Commissioner Spence -Jones: (UNINTET,T IGIBT ,F) you're not going to do any of your items? Commissioner Suarez: I only have one. I'm not -- City of Miami Page 156 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Commissioner Spence -Jones: No, you got -- I thought you had two. Commissioner Suarez: No. The other one, we actually deferred, if you remember, 'cause it was in conjunction with the building permits. Commissioner Spence -Jones: No. I was talking about the -- Commissioner Suarez: The gunfire -- yeah, we're going to -- I'm going to do it at the next Commission meeting, but at a time certain. I want to do it at a time certain. Commissioner Spence -Jones: Oh, okay. Commissioner Suarez: Okay. D4.2 DISCUSSION ITEM 13-00433 D5.1 13-00506 UPDATE REGARDING POSSIBLE IMPLEMENTATION OF GUNFIRE LOCATOR SYSTEM IN OVERTOWN AND LIBERTY CITY. 13-00433 Update - Implementation of Gunfire Locator System.pdf 13-00433-Submittal-ShotSpotter-Proposal. pdf DEFERRED Note for the Record: Item D4.2 was deferred to May 9, 2013 Commission Meeting. Vice Chair Gort: Anything else? Commissioner Suarez: Mr. Chair. Yeah, Mr. Chair, I have one discussion item. Andl would request that it be deferred with the request that it be set for a time certain. I'll work with the Chairman's office to get a time certain on that discussion item. Vice Chair Gort: Okey-doke. Commissioner Suarez: Thank you. END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES DISCUSSION ITEM DISCUSSION ON LIVING WAGE ORDINANCES AND EFFORTS IN THE 2013 STATE LEGISLATIVE SESSION TO BANNED LOCAL GOVERNMENTS FROM ENACTING EMPLOYMENT BENEFITS LEGISLATION. 13-00506 Email - On Living Wage Ordinances.pdf 13-00506-Submittal-Natacha Seijas.pdf DISCUSSED City of Miami Page 157 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 (D5.1) 13-00506a City Commission Direction by Commissioner Spence -Jones to the Administration to place a discussion item on the May 9, 2013 agenda regarding the living wage ordinance. Direction by Commissioner Carollo to the Administration to provide the City Commission with an analysis regarding the fiscal impact of the living wage ordinance on Capital Improvement Projects. Direction by Chair Sarnoff to the Administration to provide the City Commission with an analysis of the Davis -Bacon Act in relation to the living wage ordinance. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RICK SCOTT AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO ALLOW THE ABILITY OF LOCAL GOVERNMENTS TO MAINTAIN OR ENACT LOCAL LIVING WAGE ORDINANCES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO GOVERNOR RICK SCOTT, THE MEMBERS OF THE FLORIDA LEGISLATURE, THE FLORIDA LEAGUE OF CITIES AND TO THE MIAMI-DADE LEAGUE OF CITIES. Motion by Commissioner Spence -Jones, 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-13-0158 Chair Sarnoff All right, I told Commissioner Spence -Jones she would have a time certain 10: 30; by my watch, which is not Suarez's, that's as close as I get, so you're recognized for the record, Commissioner Spence -Jones. Commissioner Spence -Jones: Thank you, Mr. Chairman. Actually, I have Mr. Fred Frost, and you've already introduced our County Commissioner -- she'll always be a County Commissioner to us, Natacha Seijas -- presenting on behalf of the Living Wage ordinance, andl really wanted them to kind of brief -- I know some of the Commissioners were not here during the time of the living wage ordinance that we had here, but I know that Fred and his group have been working very hard on this issue, so I'd like to give them the opportunity to kind of express what they're working on. Fred Frost: Thank you. Thank you, Mr. Chair, Mr. Vice Chair, Mr. Mayor, and City Commissioners. I have the honor and the privilege of introducing somebody that has -- I know it's a public official. Your number one thing is to serve the people. Commissioner Spence -Jones: Yes. Mr. Frost: But number two is probably the care for the people, and there's nobody better in my lifetime here in Dade County that has done that better than Commissioner Natacha Seijas. She set the bar for all the officials. She's done it by action. In 1999, she set the stage for the living wage in Miami -Dade County. Studies show that three thousand plus people have benefited from living wages; helps with housing, helps with travel, helps with putting food on the table, a roof over your head. In the early '90s she set the stage with domestic violence leave. Think about women that endure that. They get leave to, A, seek shelter, seek medical help, and rebuild their lives. In 2010 we were privileged to partner with her over the wage theft law, first one in the county, in the country, where unscrupulous employers stole money from people that performed City of Miami Page 158 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 work. You think that'd be a no-brainer, but it was the first one ever initiated in Dade County. I've had the privilege of representing organized labor for over 15 years. Now I work with South Florida Jobs with Justice. We fight for the poor and workers that seem to be voiceless. I introduce the champion now, even in retirement that I think is the best fighter for those people, Commissioner Natacha Seijas. Commissioner Suarez: I want an intro like that. Wow, that's (UNINTET,TIGIBT,F) Vice Chair Gort: (UNINTET,TIGIBT,F). Natacha Seijas: You got to be 76 to get to that one. Commissioner Suarez: I'll just leave it at that. Ms. Seijas: And by the way, thank you for having me here. I know the Chair probably had to step out, but welcome ability to be here. And thank you to all the Commissioners, and my complete and absolute thank you to Commissioner Michelle Spence -Jones, who we've known for such a long time and have had akin spirits in many, many ways. And thank you, Mr. Chairman, again. Thanks to the Mayor and everybody that is here. Each of you I know personally, so I'm not going to go by names. You know I mean every one of you. And it's all right to call me Milian. I was married to Milian for 28 years, and Mr. Gort was a good family member. So he still holds me on his name there in his heart, and it's a good name. It's a good name, but I went back to my father's name, which was Seijas. What is happing here is a horrible thing to this community. These three ordinances that we talked about -the living wages in 1999, the waste theft in 2010, and the domestic violence in the late '90s -- is something that we have when we have only. It doesn't hurt anybody. It doesn't cost the state of Florida a penny. Unfortunately, it went through the House of Representatives and not a peep out of any of our representatives, to my embarrassment, because I know some of them and like some of them. Some, I don't know. Then it's going to the Senate, and it should be -- been here today. I hope our people in the Senate, who are my friends and have always stood by us, like Senator Anita de Flores, Senator Rene Garcia, Senator Miguel de la Portilla, Senator Braynon, Senator Bullard. They've all been our fighters, so we're looking forward to seeing them take on and bat this ball out of the stadium. Not a word that should be used now, but we'll use it anyways. I will tell you that we need to maintain local control. There is no reason why the legislators have to take this out. If the living wages since 1999 has brought about like a $2.50 increase in their pays every once in a while, that allows them not only what everything that Fred said, but also education for their children is taken away. They'll lose almost 50 percent or 40 percent of their salary. So what do we want, more welfare? Is that what the state wants, more welfare? I thought it was a conservative group that was running (UNINTELLIGIBLE), which is, by the way, I belong to that I'm about to change, not to any others; just independent. Always have been independent so I might as well keep it up. Vice Chair Gort: Welcome. Ms. Seijas: Might as well keep it up. We do in the County, if it does happen, have a way to protect it. It's through home rule. But that puts everybody through a place they don't have to be. It puts it in a lawsuit that doesn't have to happen. It puts too many attorneys perhaps in one case, like parrots talking to each other. It puts too many of what we don't need because we need to move forward. Andl have to commend you. I don't live in the City ofMiami, but you should be very proud. You're doing a magnificent job. Has nothing to do with this resolution, but I just wanted to say it because this is my opportunity to say it to all of you. But we do need to stand tall. We do need to say we stand by our workers. Hardly -- they're not here; they're working. They can't afford to lose a penny of their money. Some of them don't even have their sick days. Some don't have days off. Some -- everyday that they don't work, they don't get paid. So what we could have a whole place full of it. We don't. We just have somebody that believes in them; City ofMiami Page 159 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 hopefully all of you -- thank you, Michelle -- and hopefully my Commission that left behind and some new ones that have come on board. But legislators have to stop stepping on our toes. The gentleman from the House is from Altamonte Spring. What the heck does he know about Miami -Dade County and does he care? The other one, Mr. (UNINTELLIGIBLE), he was from Palatka. All they do is raise potatoes there, so what does he know about Miami -Dade County? The gentleman in the senate is from Orlando. They're doing fine. Orlando is a good county where there's a lot of things that are being brought, about and good salaries being paid, and their houses are not lowered and there are hardly any foreclosures and it's a heck of a good county. Do we all want to move over there? I wonder if he would like for us to do that. No. We like Miami -Dade County. We respect Miami -Dade County. We respect the County Commission. We respect the Commissions of cities like this. And we want you to please, please support us and help us. Don't let the living wages be down. Do not allow the return -- you know, the wage theft. More than $600, 000 have been recovered to people who had never been paid in less than a year and a half. And the domestic violence do not allow people that are beaten and taken down and have no self-esteem not only not have a job. They don't cost them anything because they don't get paid but at least they don't lose their job. So with that, again, thank you to each one ofyou. Thank you, Mr. Chairman. Thank you, Michelle, from the bottom of my heart. Here we are again on the same boat, and we're on the good boat this time. Commissioner Spence -Jones: Yes. Ms. Seijas. Thank you. And by the way, you all got this. And if you don't, I'll give you a copy. Commissioner Spence -Jones: Mr. Chairman and fellow Commissioners, I want to thank the director of South Florida Jobs for [sic] Justice, Fred Frost and his whole entire team; of course, our wonderful Commissioner, Natacha Seijas, for their fight for justice for jobs for our community. I think really what -- what they're really asking for -- andl think that -- you know, I know how we feel about people stepping on our toes and making decisions for us in Tallahassee. And l just want to be clear. Fred, if you can come back up. I'm not really going to get into our living wage issue. I know that we have had a briefing with the Manager and we're going to work through those issues 'cause I know that we also have some challenges. We started off with it and somehow things have changed, but that's something that we'll work on. I think, really, the objective of today's exercise is to make sure that there is some sort of resolution urging the Florida legislators to support the living wage ordinance and to not prohibit what our cities or what local cities will do. And then we'll deal with our issues later on, but it's about us uniting together. We have all been elected to serve the people, and the vast majority of the people that we serve are in need. So whatever we can do to send a very strong message to the public that we believe that families and individuals should have living wages., I think that this is at least a step in the right direction. So with that being said, we don't have a physical resolution today, but I'd be willing to bring one back this afternoon to -- if Mr. Chairman doesn't have a issue with it -- just urging the Florida legislation [sic] to support a living wage ordinance and not prohibiting us as a city from making our own decisions and choices. But I would like to hear from my fellow colleagues on this issue to see how they feel about it. Commissioner Suarez: Mr. Chair. Chair Sarnoff Commissioner Suarez is recognized for the record. Commissioner Suarez: I would second that motion. And l just want to say that when I was first elected, I probably would not have seconded the motion, you know, initially. I always felt growing up that whether it be minimum wage or living wage, it created inflation, and that's how I was brought up and, you know, that was a philosophy then. We had an incident in the City -- and I want to thank the procurement director, who's sitting in the audience, Mr. Robertson, with one of our vendors -- that was violating a living wage ordinance in our contract. And when the -- there was a security firm, a security guard company came and met with us and all of the City of Miami Page 160 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 employees came in and you could see that they were very humble people, that they were trying to get by and that they were trying to, you know, provide for their families on 12, $13 an hour, you know. And you think to yourself having grown up in this community, having been blessed enough to be able to go to graduate school and graduate from graduate school and earn the money that I've been able to earn in my life, what it would be like to live to provide for a family, no less, on that kind of money. It really hits home how little that is, you know. So I think -- I commend also Commissioner Spence -Jones. She was a big help and also the entire Commission, really, because everyone backed each other up. What you see here, Commissioner, is we're a Commission that backs each other up, as Commissioner Carollo likes to remind us all the time. And, you know, this is just one of those items where, you know, it's about doing the right thing, maybe not philosophically, you know, getting into some philosophical tangle about, you know, whether or not, you know -- The fact of the matter is, whether it's minimum wage or really living wage, it's barely enough to live. Commissioner Spence -Jones: Yes. Commissioner Suarez: Let's be honest. So I will be seconding the motion supporting your resolution. Commissioner Spence -Jones: And Madam City Attorney just told me that, actually, Mr. Chairman -- I mean, I guess I can offer it as a motion, so you are -- Commissioner Suarez: Second. Commissioner Spence -Jones: -- seconding it now. And I thank you for your comments and your support on this issue. Vice Chair Gort: Well, I think that you're right. We experienced that when the people that had the contract with the City ofMiami, they came to our office and started talking to us about the problem they were having and how much money was owed to them. And thanks to the -- when they came back to try to get a contract, they had to provide all the money they were owed before so. Commissioner Suarez: I think that was a multi -hundred dollar recovery by the way. Commissioner Spence -Jones: Yes. Vice Chair Gort: At the same time, I hate to see the state telling us what to do all the time (UNINTELLIGIBLE). You know, we got home rules that we have to provide and we can make our own rules. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: I just want clarity. Is the motion made by -- Commissioner, coming back in the afternoon or you're making it now? Commissioner Spence -Jones: No. She just told me that I could -- Madam City Attorney just said that could just, you know, bring it forth now 'cause we're only urging the Florida legislative -- legislation [sic] to actually support the living wage. Commissioner Carollo: Okay. And pretty much, what you're saying in that -- and that is that let the municipalities and the counties -- City ofMiami Page 161 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Commissioner Spence -Jones: Make their own decision. Commissioner Carollo: -- make their own decisions. Vice Chair Gort: Yeah. Commissioner Spence -Jones: Um -hum. Commissioner Carollo: Understood. Chair Sarnoff So we don't speak with forked tongue, why did we let our living wage go? Anybody have any history on that? Johnny Martinez (City Manager): I don't have an answer for that. Chair Sarnoff So -- Commissioner Spence -Jones: What was toldfrom -- Chair Sarnoff -- we had living wage -- Commissioner Spence -Jones: Right. Chair Sarnoff You were here, I think, when they -- Commissioner Spence -Jones: Yeah. I believe -- Chair Sarnoff -- had a living wage. Commissioner Spence -Jones: -- we fought to make sure it happens. I think what I was told was that because of the financial impact -- financial issues that were going on with the City at the time, I think that that was one of the main issues why we moved away from it. I didn't want to -- I don't want to confuse the two issues right now because it becomes something else. That's why I put officially on the record that I thought that it was important for us to have this discussion again, but at a certain time. So I think right now, you know, we need to really focus on at least getting this item passed and then, by all means, I would love to even bring it back as a discussion item for us to talk about it. Commissioner Suarez: Andl think, Commissioner Carollo -- ifI may Mr. Chair -- made a very good clarification, which is what we're asking for here by and through the resolution, if I'm not mistaken, is that the cities maintain control over whether or not -- Commissioner Spence -Jones: Yeah. Commissioner Suarez: -- that they're not usurped by the state on that decision. So whatever city wants to make whatever decision they feel is in their economic best interest at the time, they can do that. So we can go from one situation to another and we also can do it on a contract basis. What we did I think with the -- that security contract is that it was in the contract. Commissioner Spence -Jones: Yes. Commissioner Suarez: It was in the contract. And so they weren't living up to the contractual provision that they provide their employees with a living wage, so that also give us some flexibility -- City of Miami Page 162 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Vice Chair Gort: And they weren't being paid for it. Commissioner Suarez: Correct, they were not being paid. Vice Chair Gort: (UNINTET,TIGIBT,F). Commissioner Suarez: Exactly. They weren't -- so we -- they came to us. We brought it to the Administration, to the procurement director. He did an investigation and found that that claim had basically foundation. And then to the credit of the company, they actually reimbursed the employees to the tune of a couple of hundred thousand dollars so. Commissioner Spence -Jones: Yeah. Chair Sarnoff. I -- and I just want to be consistent in the way I act up here. I just want to know why is it that we -- and I want to hear from the City Attorney. Why is it that we allowed our living wage to -- Commissioner Suarez: Expire. Chair Sarnoff -- either sunset or to repeal --? I don't remember repealing it. Did we repeal it? Mr. Martinez: Mr. Chair, I think the Mayor has -- can shed some light on that. Chair Sarnoff I just want -- I want to be reminded of it. That's all. Mayor Tomas Regalado: You were here andl was here on the last budget of the Diaz Administration. Chief Financial Officer Larry Spring asked the Commission to defer the living wage ordinance. At the time, if you remember, we stated that all contracts with vendors should be honored. That's why Kent Security had to pay a lot of money to the people that work in this office and in other buildings. And at the time, Mr. Spring said that the City was going through difficult times. You know, there were many cuts on that last budget of the Diaz Administration, and they asked for a deferral of two years. Since then we went into the fiscal urgency, but it was never supposed to sunset, so it's still out there. That's my recollection. Chair Sarnoff Out -- but, Mr. Mayor, is it out there and the deferral is over or is it out there and -- 2 Mayor Regalado: No. I mean -- Vice Chair Gort: (UNINTET,TIGIBT,F) Mayor Regalado: -- it's up -- it has to be a political decision. It has to be an Administration recommendation that this be brought back. And remember that -- because -- I'm sure that you recall, the argument was, well, we don't have that much money and the capital improvement project will cost more. And so that was the argument at the time, and the Commission went along with that. But I vividly remember that it was -- they asked for a deferral of two years. Since then, we went into the fiscal urgency and it has been (UNINTELLIGIBLE). So a year has passed since the two years that they -- that the Commission at the time requested or approved the deferral. Chair Sarnoff So, Madam City Attorney, is the deferral period over or has there been a repeal? Victoria Mendez (Assistant City Attorney): What needs to be done is that it needs to be revisited internally in order to decide what is going to be done in the future. No legislative action really has been taken to place it back. City of Miami Page 163 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Commissioner Spence -Jones: And, Mr. Chairman, that's why I saidl wanted to keep the two items separate, because I think we need to have a further discussion about what really happened. Apparent -- obviously, I wasn't here after all of you know, the transition or whatever that took place. But what do --I don't want to sep --I want to separate the conversations. I'd like to bring it back as a discussion item in the next agenda, and by that time, we would have given the Manager the opportunity to really brief and get the information and find out, you know, how we get back on the right track so. Chair Sarnoff And the only reason I brought it up, I just want to be consistent with my votes. That's all. Commissioner Carollo: And, Mr. Chairman, also -- Chair Sarnoff You're recognized. Commissioner Carollo: -- something -- thank you -- that the Mayor said was that capital improvement projects will be higher -- Commissioner Spence -Jones: Impacted. Commissioner Carollo: Impacted. They're already through the roof right now, so that's a concern. So it's definitely something thatl want to have further discussion on, you know, andl think it should be brought back. Commissioner Spence -Jones: Okay. Commissioner Carollo: Thank you. Chair Sarnoff All right. Commissioner Spence -Jones: So, Mr. Manager, I guess that's a directive to bring it back for the next -- or do you want me to put it on my blue pages? It doesn't matter. Chair Sarnoff No, don't put it on your blue pages. Put it as a discussion item -- Commissioner Spence -Jones: Okay. Chair Sarnoff -- for the entire City. Commissioner Spence -Jones: Okay. Chair Sarnoff All right, we have a motion. We have a second. Commissioner Carollo: And by the way -- and I'm sorry -- with an analysis, should we implement something like that, what would be -- Commissioner Suarez: Cost. Commissioner Carollo: -- the impact on a Capital Improvements? Is the going to be 5 percent, 10 percent, 15, or -- I don't want to say what usually happens in government, which is 25, 30, 40 percent premium. But anyways, is there some type of analysis, financial analysis that you could provide also? Chair Sarnoff Would you also do a Davis Bacon analysis to determine whether in fact the City of Miami Page 164 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 NA.1 13-00549 subcontractors are also going to be required to pay their employees? And mean the sub, sub, sub to the guy that's actually digging the ditch. Mr. Martinez: (UNINTET,TIGIBT,F). Chair Sarnoff I don't know. I don't remember our living wage ordinance. I don't know if it only applies to the contractor. I don't know if it applies -- Unidentified Speaker: (UNINTET,TIGIBT,F). Chair Sarnoff -- all the way through, okay. I want to make sure that that's on there. All right, so we have a motion. We have a second. All in favor, please say aye." The Commission (Collectively): Aye. END OF DISTRICT 5 NON AGENDA ITEMS DISCUSSION ITEM VICE CHAIR GORT RECOGNIZED FORMER MIAMI-DADE COUNTY COMMISSIONER NATACHA SEIJAS IN THE COMMISSION CHAMBERS. DISCUSSED Chair Sarnoff All right, I'm told -- Vice Chair Gort: Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Gort: I would like to recognize Natacha Milian, former Commissioner -- Commissioner Suarez: Yes, yes. Vice Chair Gort: -- in Miami -Dade County is here. Commissioner Suarez: Yes. Chair Sarnoff (UNINTET,TIGIBT,F) always. Commissioner Suarez: Seijas. Vice Chair Gort: Seijas. Chair Sarnoff Commissioner Seijas, do you -- Vice Chair Gort: Seijas. Commissioner Suarez: -- want to stand up for a second? Vice Chair Gort: Seijas. Applause. City of Miami Page 165 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Chair Sarnoft Commissioner, my protocol could use a lot of polishing. Commissioner Natacha Seijas: Not a problem. Chair Sarnoff I usually have Suarez yell at me and say you know who's in the audience? Commissioner Suarez: I was getting ready to jump in there, but -- Commissioner Seijas: (UNINTET,TIGIBT,F). No problem. NA.2 DISCUSSION ITEM 13-00550 DISCUSSION BY COMMISSIONER SPENCE-JONES REGARDING THE STATUS OF THE SELECTION PROCESS FOR THE CITY ATTORNEY. DISCUSSED Commissioner Spence -Jones: I do have some -- Vice Chair Gort: D5.1. Commissioner Spence -Jones: Okay. Well, D5.1, we dealt with earlier. But before you walk off -- Francis, please. One of the things that I -- I have two little small pocket items that I do want to deal with. One is on the update of the City Attorney's selection process 'cause I had to leave early the last time. My appointee -- is this -- where's Beverly? I don't know where she is. -- has had some concerns. So I just really want to make sure, you know, we understand what the process is on, you know, reaching out to these people to -- At this point, he said no one's ever sent him a letter saying that he's been selected, when they're going to be meeting, some idea, and he's having -- Vice Chair Gort: I have the same concern. Commissioner Spence -Jones: -- candidates actually call his office, which is not okay. Okay, so -- or having people call -- Commissioner Suarez: On behalf. Commissioner Spence -Jones: -- him pushing the candidates. So I just -- I would like to officially, Beverly -- I think that an official letter should come out -- should come from the City to the appointees saying you have been selected and at least give them some idea of what is expected out of them 'cause they have no idea. That's number one. Number two, one of the issues that at least my appointee mentioned that he was very concerned that -- and you andl talked about it, but you said, okay, it was an e-blast (electronic) so it really didn't matter. But I didn't really realize how important that Florida Bar -- what is it, the magazine or publication, how important it is because people will read -- they say they read that a lot faster than they would read the blast. I think that that is necessary if we're going to get the kind of quality candidates. Andl know that we did advertise nationally, but I know that one of you guys mentioned -- it might have been Sarnoff or you -- that it was really, really important to really focus on Florida because if the person's in Michigan and they're not a part of the Florida Bar, they're not going to be able to apply for the job anyway. So I just -- I would, one, like to make the recommendation that the letters do go out ASAP (As Soon As Possible), okay, so that they at least know. And two, I would like to at least make sure that it is advertised in the Florida -- what is it called, Florida Bar -- City of Miami Page 166 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Commissioner Suarez: Florida Bar Journal. Commissioner Spence -Jones: -- Journal? Commissioner Suarez: The Florida Bar Journal. Vice Chair Gort: But the problem is the process has been closed. Beverly Pruitt (Director, Human Resources): Yes. Commissioner Spence -Jones: See, that's -- I mean -- Ms. Pruitt: IfI may. Vice Chair Gort: Yes. Commissioner Spence -Jones: I mean, this is -- Ms. Pruitt: Beverly -- Commissioner Spence -Jones: -- something that I mentioned as an issue. It's not my arena and what I do, but I mean, it's up to us. We sit up here and we make the decisions how we do this, but I just -- I want us to get the best qualified candidate. And how many people do we have now? Ms. Pruitt: Forty-eight. Commissioner Spence -Jones: I mean -- and so my recommendation is that we definitely -- I mean, we -- I think we need to really look at that. Vice Chair Gort: Well, I have the same complaint from the person that I appointed. First of all, they were never notified that they're part of the committee, what the process is going to be like, and you know, these are people doing volunteer work. They want to help us and so on, and they don't receive any letter or information from us. Commissioner Spence -Jones: So we really just need to send something out to them, sure. Vice Chair Gort: Yes. Ms. Pruitt: Beverly Pruitt, Human Resources director. As you recall, the timeline was part of the public meeting wherein the committee will review the applications on May 3. A letter will be going out tomorrow advising them of the timeline now that the job opening has closed; it closed on April 19. We are reviewing the information that we received from the candidates, and then we will prepare the packet for the committee with the information regarding the timeline of when they review the applications is May 3 and schedule a public meeting for them to review those applications. Commissioner Spence -Jones: Okay, so -- but we set the timelines, right? Ms. Pruitt: Yes. Commissioner Spence -Jones: We still have time, right? Ms. Pruitt: We are on time with May 3 as being the meeting for -- Vice Chair Gort: Yeah, but not receiving -- City of Miami Page 167 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Ms. Pruitt: -- the selection committee. Vice Chair Gort: -- additional applications. Ms. Pruitt: And on the announcement, as you recall, the Florida Bar Association was listed. It was advertised there. The e-mail blast, as well as a posting on their career page was -- Commissioner Spence -Jones: I know, but -- Ms. Pruitt: -- the advertising. Commissioner Spence -Jones: -- remember before we even got deep into this, I said, Beverly, you're sure this is not going to be an issue? And (UNINTELLIGIBLE) -- and you said, no, it should not be an issue 'cause it's gone out on the blast, and that was one of my concerns. And then I'm starting to get phone calls not only from my appointee, but saying everybody knows it should have gone that way. If you're going to at least make sure you get a quality -- quan -- a certain quantity and a certain quality of attorneys applying for the position. I don't know that. That's not my world, so I'm just telling you what they communicated to me, you know, so I just -- it's just very frustrating, man. It's like -- and then we're forced to accept something that may not be, you know, everything we should have. Ms. Pruitt: There were several advertisement sources that were listed on the timeline that you approved. The Florida Bar Journal was not one of them, so therefore, it was not posted in there. It was the Florida Bar Association. Commissioner Spence -Jones: But that's why I mentioned it to you, Beverly. I mentioned -- Ms. Pruitt: Right, you did. You men -- Commissioner Spence -Jones: -- it to you for that reason. Ms. Pruitt: -- and at the time -- Commissioner Spence -Jones: Is there any way we can do that 'because I knew that it was an issue. Ms. Pruitt: -- you mentioned it, I explained that they have a print date of the 15th and the 1st, and when you mentioned it, it was already past the 15th, and it would only be in the 1st, and they would only have the 19 days in which it would be published, which was not the 30 days that the Commission requested that the job be advertised. Commissioner Spence -Jones: I'm done with it. So I'm -- I just wanted to at least officially put that I'm very unhappy with just how the whole situation is being handled, but I would like for my appointee and the rest -- I'm assuming y'all want the rest of the appointees to know about it as well. And then the last item I had -- thank you. Ms. Pruitt: Um -hum. NA.3 RESOLUTION 13-00542 District 5- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner CITY MANAGER TO EXTEND THE END TERM DATES OF THE 38TH YEAR Michelle COMMUNITY DEVELOPMENT BLOCK GRANT ASSISTANCE TO MICRO Spence -Jones ENTERPRISES TO DECEMBER 31, 2013; FURTHER AUTHORIZING THE City of Miami Page 168 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-00542-Submittal-Draft Legislation. pdf 13-00542-Exhibit A. 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: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-13-0168 Commissioner Spence -Jones: The last item I had was -- is a pocket item, and it is for the -- extending -- is George here? -- the contract for the microenterprise program. And l just wanted to make sure -- 'cause the contracts have expired. This is -- is this the Little Haiti --? George Mensah (Director, Community Development): Yes. Commissioner Spence -Jones: These businesses went through a training, went through workshops, and because of -- Mr. Mensah: George Mensah -- Commissioner Spence -Jones: -- the time period -- andl believe we lost a CDBG (Community Development Block Grant) -- not a C -- a person in CD (Community Development) -- Mr. Mensah: Yeah, yeah, we did, yeah. Commissioner Spence -Jones: -- Charles, that was actually working on all of this. Mr. Mensah: Yes. Commissioner Spence -Jones: We lost him in that process, so that also caused the delay. Mr. Mensah: Yes. Commissioner Spence -Jones: So do you want to put something on the record or --? Mr. Mensah: Yeah. This is just a -- George Mensah, director of Community Development. This is just a resolution just to extend the time for the contract. Initially, we had the time set that one year after March 2012, so we're extending it to December 31, 2013. Commissioner Spence -Jones: And these are all in my district, guys. Mr. Mensah: All District 5. Commissioner Spence -Jones: So moved. Do I just move it or --? So moved. Chair Sarnoff We have a motion. Vice Chair Gort: Second. Chair Sarnoff Second. Any discussion? Let me ask you a question, is any of this money part of the money that we're having issues with HUD (Department of Housing and Urban Development). City of Miami Page 169 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Mr. Mensah: It's CDBG, yes. Commissioner Spence -Jones: Which means this is stuff we have to spend, right? Mr. Mensah: You have to spend, yes. Commissioner Spence -Jones: Andl believe these businesses, if I'm not mistaken, have been waiting for -- Mr. Mensah: Yes. We -- I believe we did the application period until probably September -- October/November, and we've gone through -- Commissioner Spence -Jones: So they've been waiting a long time. Mr. Mensah: Yes. They went through the training. We've gone through all our contract process and everything, so it's just a matter of the invoices being paid but we need a contract (UNINTELLIGIBLE). Commissioner Spence -Jones: And their contracts are already signed by them, correct? Mr. Mensah: Yes. They've signed a contract. Commissioner Spence -Jones: So we just -- Chair Sarnoff I know nothing about this 'cause I really don't know anything about it. Mr. Mensah: Sure. Chair Sarnoff All I know is it's $4, 468, 078. Commissioner Spence -Jones: But that's not to my district. Mr. Mensah: No. That's -- Chair Sarnoff Am I wrong? Mr. Martinez: -- just -- that's the background of when the money was allocated. Vice Chair Gort: It's $75,000. Commissioner Spence -Jones: That's for the total amount. It's not for my district. Vice Chair Gort: It's $75,000. Mr. Mensah: Yes, the last page. Vice Chair Gort: It's the last page. Chair Sarnoff Oh, I total -- I'm supposed to -- Commissioner Spence -Jones: I wish I could have the four point whatever million dollars, but it's 75. Chair Sarnoff So I'm supposed to total up Exhibit A? City of Miami Page 170 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 Mr. Mensah: That's the amount. That's the amount that is there. Chair Sarnoff. Yeah, you (UNINTELLIGIBLE) -- Mr. Mensah: It's just the individuals. Chair Sarnoff. -- but you just add -- Do you realize what you just did, George? You handed a Commissioner a document -- and Commissioner Spence -Jones, just so you know how it feels, he hands me a document that says $4, 468, 078. Andl hear you say, oh, I just have to move this real quick. It's a $4 million item. Mr. Mensah: Oh, no. Chair Sarnoff. Wait a minute, George. Let me -- just so you know how it feels. Mr. Mensah: Okay. Chair Sarnoff. Then I'm told to look at the back page. Well, the back page shows everything from Louis Market Corp. to Key 2 Corp. [sic] and a series of numbers. It's not even totaled, and a quick glance looks more than 75,000, but it might be 75,000. Wouldn't you -- couldn't you --? If you knew this was going to be a pocket item, wouldn't you have at least totaled this up and said it's $75, 000? Wouldn't your whereas clause say so that District 5 whatever microenterprise program for $75,000? Because, you know, I sort of feel like -- and I guess the Manager's made this acceptable -- an [expletive] sitting up here -- Mr. Mensah: No. Vice Chair Gort: It's 95,000. Chair Sarnoff. Well, 95,000. I thought it was more than 75,000. But I'm looking at a $4 million document -- andl don't want to piss off the District 5 Commissioner. Commissioner Spence -Jones: You're not going to piss me off. Chair Sarnoff. I want to do my job. Mr. Mensah: I just -- Chair Sarnoff. I mean, you don't think you could have done this more simpler? Mr. Mensah: It could have done, but this is just a resolution that we had done earlier, so we just used the same resolution and we said to extend it. That's what we did. I take the blame for it. It's my fault. Commissioner Spence -Jones: And it's -- none of us are perfect. Every single last one of us sitting on this dais have made mistakes, so it's okay that you made a mistake. You've clar -- you've cleared it up. You put it on the record. You don't have to hang from the cross from it. We got it; you made a mistake. You put it on the record and I'm fine with it. If they're fine with it -- it's money that comes out of my allocation. Mr. Mensah: Yes, that's correct. Commissioner Spence -Jones: Okay, I'm not going to beat you down for it. Chair Sarnoff. I'm not beating you down, George. I'm telling you what it felt like to sit in my City of Miami Page 171 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 chair -- Commissioner Spence -Jones: I understand that. Chair Sarnofff. -- and to look at a number of 4 million and I'm going, we're going to do this on a pocket item? Andl didn't flip the page, candidly, because I didn't think had time to flip the page. I would think the front page would tell me exactly what it is I'm supposed to -- I'm just -- I want you to know what it feels like to sit up here. And then I want you to know I have at least 10 or 15 constituents that think to themselves, my God, that guy didn't even read the document. Mr. Mensah: Commissioner, typically, and I'll just -- first of all, I'll accept the blame for it. We probably should have add the (UNINTELLIGIBLE) -- but it should have been the whereas clause, which is at the end. The topic basically said that -- to extend the time, which is the topic of the main heading. What -- typically, when we do a reso, we look at -- we took the history, so the first line was the history of it, and -- which is the mistake I made. Chair Sarnofff. I'll tell you what. We're dwelling on this. I'm not going to dwell on it, but I'm going to tell you what I would expect sitting up here like this. Some paragraph that says, Commissioner, this was part of a four million, six hundred -- four hundred sixty-eight million dollar allocation of which Commissioner -- District 5 Commissioner, or the District 5 CDBG allocation is an extension of $75, 000, made up of the following microenterprises. This is nothing more than an extension of time -- Mr. Mensah: Okay. Chair Sarnofff. -- for three months, four months, as a result of clerical error, as a result of errors that we could not avoid. Just so that when I read a pocket item up here, that -- andl gravitate towards numbers. I mean, I gravitate towards the $4 million number. I feel like -- you know, I don't know what to say 'cause I know ifI brought a $4 million item up here, you know, I'd be castigated. So I don't need to get in Commissioner Spence -Jones's crosshairs. Commissioner Spence -Jones: You're not in my cross -- Chair Sarnofff. I will -- Commissioner Spence -Jones: It takes a lot to get in my crosshairs. Chair Sarnofff. Right. I like you, George. I'm just telling you what it feels like to sit up here and be handed something and say, you know, motion. Commissioner Spence -Jones: And Commissioner Sarnoff, you know, you notice I've been very quiet today. I haven't done a lot of talking today. Chair Sarnofff. You've behaved great. Commissioner Spence -Jones: Very quiet. I've been humbling -- humbled here, just, you know, taking it all in. I don't have a problem with, you know, what you're saying. I just have a concern with the tone in which you say it. And l just, at the end of the day, regardless of what -- George may never know what it feels like or any of our City employees may never know what it feels like to be on this side where we sit. They may never know that. But I know what it feels like to be on that side 'cause I was a City employee. So I'm always sensitive to the other person. So I just think that it's not about what you're saying, it's the tone and the manner in which you say it. And there have been items that have come up by all of us up here that have been incomplete and we've done it in a very respectable and dignified way, and that is really my point. It wasn't really about what you said, but we have had items come where we've amended it on the floor 'cause City of Miami Page 172 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 something was not right or something was not included. And l just want us to be respectful to other people. That's all. 'Cause at the end of the day, you know, he's still a man; she's still a woman, and they deserve to be respected. That's it. Chair Sarnoff. Well, and what I'm trying to do is -- Commissioner Spence -Jones: I'm just saying the tone. Chair Sarnoff. I -- what I'm try -- my wife tells me my tone all the time as well. Commissioner Spence -Jones: Yeah. I need to call Teresa and tell her she needs to work on your Chair Sarnoff. So I (UNINTELLIGIBLE) -- Commissioner Spence -Jones: -- tone. Chair Sarnoff. -- tone issue. But be that as it may, I want -- first off, if you ever known anything about me, ifI don't care about you, I never correct you. IfI care about you, I do correct you. Commissioner Spence -Jones: But you don't have -- Chair Sarnoff. And I think every -- let me finish. Commissioner Spence -Jones: I'm going to let you finish. Chair Sarnoff. -- City employee sort of knows who I care about, andl think every City employee knows who I really don't care about. And those that know me know I correct them, andl don't mind them correcting me in private either. There's a rule in my office. You could even use bad language with me, as long as we're in private. I want George to learn from this experience that when a -- what appeared to be a $4 million item to me, I panicked. Commissioner Spence -Jones: Right. Chair Sarnoff. I said, wow. Commissioner Spence -Jones: I understand. And I'm not disagreeing with you, and you bring it up -- bringing it up as an issue. I'm just saying that it's important that we treat people with dignity and respect. And just because I'm a Commissioner and you're a City employee doesn't mean thatl have the right to treat you any way. And I'm just going to say this and maybe because I've been so quiet today it's like all built up now, but -- and I'm sure you know I've had a very interesting two weeks. But at the end of the day, you know, people elect us to serve them. We serve them, you know. So I just think it's important that we just -- we watch our tone, just how we talk to people 'cause this stuff manifests in our City employees. And they -- I know they have -- a lot of times they're shaking to death to come up here to communicate and it shouldn't be that way 'cause we're all working together. We're all trying to make the City a better place. And you know George. George works hard. All of our City employees work hard. So I'm sorry for getting on my little small little soapbox for today, but I respect your comments on it. I'm just asking for you to just deliver it in a different way. Chair Sarnoff. Fair enough. Commissioner Spence -Jones: See, only a woman could say that. Chair Sarnoff. That's -- there's a lot of truth to that. I probably would have -- City of Miami Page 173 Printed on 5/20/2013 City Commission Meeting Minutes April 25, 2013 ADJOURNMENT Commissioner Spence -Jones: That's why estrogen -- Chair Sarnoff -- taken -- I probably would have fought with a man a little longer. Commissioner Spence -Jones: -- counts. Chair Sarnoff There you go. All right, we have a motion and we have a second. All in favor, please say "aye." The Commission (Collectively): Aye. Commissioner Spence -Jones: Do you want it amended, right? Amended to say -- Vice Chair Gort: No, no. It's fine. Commissioner Spence -Jones: Okay. Chair Sarnoff We're amended. We're -- as amended. Commissioner Spence -Jones: Okay. Chair Sarnoff As amended. George, with my heartfelt respect, by the way, just so we're clear. Just so we're clear, George. The meeting adjourned at 6: 01 p.m. City of Miami Page 174 Printed on 5/20/2013